Chapter 16.25
FINAL PLATS
Sections:
16.25.010 What this chapter does.
16.25.020 Purpose.
16.25.030 Final plat approval required.
16.25.040 Application.
16.25.050 Approval process.
16.25.060 Prior to recordation.
16.25.070 Security for public improvements.
16.25.080 Changing an approved final plat.
16.25.090 Vacating or changing a recorded subdivision plat.
16.25.010 What this chapter does.
This chapter establishes the final plat review and approval process, submittal requirements and duties of the planning director, planning commission and city council regarding the review and processing of final plats. [Ord. O-23-2008 § 2 (Exh. A § 5.1); Ord. O-23-2005 § 3 (Exh. 1(2) § 5.1)].
16.25.020 Purpose.
The purpose of the final plat process is to require a formal recommendation by the planning commission and approval by the city council before any subdivision plat is recorded in the office of the Utah County recorder. The final plat application and the accompanying construction plans submitted shall conform in all respects to those regulations and requirements set forth in the state statutes, city ordinances and any other applicable regulations. The final plat process is also provided to ensure compliance with the previously approved master development plan and its accompanying agreement and the conditions of previous preliminary plat approvals. [Ord. O-23-2008 § 2 (Exh. A § 5.2); Ord. O-23-2005 § 3 (Exh. 1(2) § 5.2)].
16.25.030 Final plat approval required.
Final plat approval entitles the applicant to recordation of the final plat subject to compliance with the city ordinances for installation of public improvements and dedication of water rights for the plat. [Ord. O-23-2008 § 2 (Exh. A § 5.3); Ord. O-23-2005 § 3 (Exh. 1(2) § 5.3)].
16.25.040 Application.
Only property owners or their duly authorized agents shall make application for a final plat on forms prepared by the planning director. No final plat application shall be processed without submission of the preliminary plat, the submission of the application, all the supporting materials as required by this chapter, and the processing fee. Incomplete applications shall not be processed under any circumstance.
A. Supporting Materials. The final plat application shall be submitted with the materials listed below. The planning director and planning commission may determine that additional items be submitted in order to properly evaluate the proposed final plat application. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.
1. Final Plat. The final plat prepared at a scale of not less than one inch equals 100 feet, with all dimensions shown in feet and decimals thereof, will be required for final approval prior to recordation. Plats of large areas may be prepared on multiple, serially numbered sheets with match lines and an index map, with vicinity and index maps appearing on the first of the serially numbered sheets. Final plats must show trails, roads, sidewalks and other public facilities, which will be deeded to the city in accordance with the requirements of this title. The city shall provide a set of standard cross-sections for roads, trails and sidewalks. The final plat submission must conform in all major respects to the preliminary plat as previously reviewed and approved by the planning commission or city council as applicable (unless processed simultaneously). Final plat submissions shall include all information listed below, delineated in permanent ink on waterproof tracing cloth or Mylar for recordation (which can be submitted after the city council grants final approval) and submitted in an electronic format:
a. A title block showing the name of the proposed subdivision and its location by quarter-quarter section, section, township, range, principal meridian, city, county, and state;
b. The name, address, telephone number, stamp, signature and registration number of a land surveyor registered in the state of Utah who prepared or reviewed the final plat;
c. A north point, and both graphic and written scales;
d. A vicinity map that locates the proposed subdivision within its township and the section, shows major roads and watercourses adjacent to or near the subdivision, and shows the boundaries of and recorded names of adjacent or nearby subdivisions;
e. The point of beginning for the survey, which shall be tied to a section or quarter-section corner, and the location and a description of all existing monuments found during the course of the survey;
f. The location, nature, and boundaries, with bearings and distances, of all existing public ways and public or private easements in or adjacent to the subdivision, including the county book and page number references of the instruments establishing those ways or easements;
g. The exterior boundaries of the subdivision, with all bearings and distances, including curve data for curving boundaries;
h. The location, exterior dimensions, and consecutive number of all lots and blocks, or other parcels created by the subdivision, including bearings and distances and curve data for curving boundaries (with all curve dimensions for boundary lines shown outside any such boundaries);
i. The acreage of each lot and a table showing the total number of lots, total acreage of the subdivided area, the total acreage in lots, the average lot size, the total acreage in streets, and the total acreage of any parcels dedicated to public use or held in common by the lot owners;
j. The names of all streets and widths and boundaries of all street and trail rights-of-way and utility easements, including bearings and distances and curve data for curving boundaries;
k. The location and a description of all monuments set during the course of the survey;
l. A signed and dated owner’s dedication in the form approved by the city which includes a complete legal description of the parcel being subdivided, and in which the owners of record dedicate all open space, public ways, utilities and other public spaces to public use;
m. A public notary’s acknowledgment of the owner’s certificate;
n. A signed and dated certificate of consent in which all mortgagors, lienholders, and other parties with any real property interest, including the holders of mineral rights, in the property consent to its subdivision;
o. A public notary’s acknowledgment of the certificate of consent;
p. Signature blocks for approval by the city council, city engineer and city attorney;
q. An owner’s dedication certificate, notary public acknowledgement for each signature on the plat, a correct metes and bounds description of all property included within the subdivision, other affidavits, certificates, acknowledgements, endorsements and notarial seals as required by law, this title or by the city recorder or city attorney;
r. A certificate for use by the county recorder in recording the plat after its approval;
s. Building envelopes for each lot shall be shown on the final plat;
t. Water rights conforming to the city’s requirements shall be submitted to the city attorney for approval.
2. Construction Plans. Construction drawings for required public improvements will include the following and are required to be submitted with all final plat applications:
a. Plan, profile and construction detail drawings prepared by a licensed professional engineer, with his/her signature and seal.
b. Control data shall be referenced to information contained on county area reference plats.
c. Elevations shall be tied to an existing Utah County benchmark. Drawings shall show an elevation benchmark for the project.
d. The drawing scale shall be one inch equals 20 feet horizontal and one inch equals two feet vertical. The vertical scale may be smaller if warranted by unusual circumstances.
e. Stationing shall increase from left to right.
f. Centerline data and property line data shall be shown, including details of all curves.
g. Existing ground profiles shall be shown a minimum of 300 feet each way from the ends of subdivision streets.
h. All existing and proposed improvements within the project or within 100 feet of the project or adjoining the subdivision shall be shown. This includes curb, gutter, sidewalk and underground pipes and utilities, ditches, canals, fire hydrants, street lights, water valves, etc.
i. All proposed structures such as manholes, catch basins, clean-outs, etc., shall be shown. If city standard structure details exist, they may be referenced in lieu of detail.
j. All proposed drainage facilities, including pipe and boxes, shall be shown. This includes plan and profile of the system showing the method of drainage water disposal.
k. All vertical curves and horizontal distances shall be constructed in accordance with AASHTO requirements and standards.
l. Elevations shall be shown on all horizontal and vertical curves at approximately 25-foot intervals and at the points of curvature and points of tangency.
m. The minimum grade for curb and gutter shall be one-half percent identified on all curb returns and cross gutters. Percent of grade shall also be shown on straight grades with elevations at approximately 50-foot intervals with flow arrows to indicate the direction of drainage.
n. All street names shall be shown.
o. Show typical roadway cross-sections.
p. The existing grade elevations shall be shown in the profile.
q. Construction standards and specifications shall be referenced.
r. Road signs and stop signs shall be shown.
3. Landscaping Plan. A landscaping plan, prepared and stamped by a licensed landscape architect, indicating the location, spacing, types and sizes of landscaping elements, sprinkler system plans, existing trees if any, and showing compliance with the landscaping or buffering requirements of the appropriate zoning district. The landscaping plan shall include, at a minimum, the following information:
a. The location and dimension of all existing and proposed structures (when feasible), property lines, easements, parking lots, power lines, rights-of-way, ground signs, refuse areas, and lighting.
b. The plant names (both botanical and common name), location, quantity, and size of all existing and proposed plants. The proposed plan should indicate the size of the plant material at maturation (see Chapter 17.60 EMMC for more landscaping standards).
c. The landscaping plan should also exhibit the existing landscaping 20 feet beyond the property lines.
d. Existing and proposed grading of the site indicating contours at two-foot intervals.
e. Plans showing the irrigation system shall also be included in the landscaping plan submittal.
f. Proposed and existing fences and identification of the fencing materials.
g. A summary of the total percentage of landscaped areas, domestic turf grasses, drought-tolerant plant species along with the estimated cost of all the improvements.
4. Final Utility Plan. Utility plans showing all the utilities including but not limited to water, sewer, storm drain, gas, electrical, and telecommunication lines. The location and size of existing and proposed utility lines and facilities in or adjacent to the proposed development shall also be shown.
5. Grading, Drainage, and Erosion Plan. A grading, drainage, and erosion plan prepared and stamped by a licensed engineer shall be submitted. The report shall contain the drainage basin map and a plan view of the overall storm water system. The grading, drainage, and erosion plan shall address the following issues: description of features and hydrological conditions; drainage basin and sub-basin; drainage facility design criteria; infrastructure design criteria; grading plan; and erosion control. Specifically, the report shall contain at a minimum the following information:
a. The existing roadways, drainage ways, vegetation and hydrological conditions of a 10-year, 24-hour event and a 100-year, 24-hour event.
b. The major basin descriptions referencing all major drainage reports such as FEMA, major drainage planning reports, or flood insurance maps and the basin characteristics and planned land uses.
c. The sub-basin description showing the historical drainage pattern and off-site drainage patterns both upstream and downstream of the property.
d. A general discussion of how the proposed system conforms to existing drainage patterns and off-site upstream drainage will be collected to protect development.
e. The water quality evaluation showing the water quality shall not be degraded from existing storm water quality including how solids are collected and not allowed to be discharged into downstream waters and how oils and greases are separated from storm water.
f. Maintenance plan and procedure for storm water system; thorough narrative of all charts, graphs, tables or other information included in the report describing how it affects the proposed development.
g. Infrastructure design criteria showing the piping is sized to handle the peak intensity of the 10-year storm event; all detention basins are sized to handle a 100-year storm while discharging at a maximum 10-year, 24-hour historical rate; a 10-foot traffic lane in both directions is maintained at all locations within the development; and that the roadway and infrastructure will handle a 100-year storm event without flooding homes or damaging public property.
h. Grading plan showing soil map depicting unique soil features such as collapsible soil, rock features, etc.; a grading plan showing all cut and fill areas within development including: the identification of slopes; fill and cut depths; and rock features within 10 feet of post-grade soil surface.
i. The grading plan shall also show how the grades will allow water to run off of lot areas without ponding and creating flooding problems for homes.
j. Erosion control shall: show how erosion will be controlled during construction; explain and design such that construction debris and silts will not be collected by storm water system; show and design for all cut and fill slopes will not be eroded and how these areas will be revegetated.
6. Easements. The proposed grants of easement to be imposed on any land within the development.
7. Covenants, Conditions, and Restrictions. The proposed covenants, conditions, and restrictions to be imposed including the requirement of dwellings within subdivisions being of the same type of construction.
8. Soils Report. A soils report prepared and stamped by a licensed engineer.
9. Engineer’s Estimate. An engineer’s estimate prepared by the design engineer.
10. Fee. The processing fee required by the current consolidated fee schedule approved by the city council. [Ord. O-23-2008 § 2 (Exh. A § 5.4); Ord. O-23-2005 § 3 (Exh. 1(2) § 5.4)].
16.25.050 Approval process.
Upon completion and approval of a preliminary plat, the developer shall file a properly completed final plat application that includes a proposed final plat and all required supporting materials and the required application fee at least 28 calendar days before the planning commission meeting at which the application is to be reviewed.
A. Planning Director’s Responsibilities. The planning director shall review the application for completeness and distribute the application materials to the appropriate assigned staff members for review, comment and recommendation. If the application materials are complete, all required fees are paid and the final plat conforms to the requirements of the applicable master development plan or master development plan agreement and is in compliance with the approved preliminary plat, the planning director shall submit the proposed final plat to be presented to the planning commission at its next regularly scheduled meeting when materials may be adequately distributed.
B. City Engineer’s Responsibilities. The city engineer shall review the final plat and construction plans and decide whether or not the submittal complies with the engineering and surveying standards and criteria set forth in this title, the proposed development agreement and all other applicable state statutes and city ordinances. The city engineer shall determine if the survey description is correct and that all easements are correctly described and located on the plat. If the plat conforms to the required standards, the city engineer shall prepare an estimate of the construction costs for all proposed public improvements. The city engineer shall forward this cost estimate to the city attorney and planning department for inclusion in the final development and improvement collateral. The city engineer shall also forward their recommendation of approval (or approval with conditions) of the final plat to the planning commission. If the final plat and/or construction plans do not comply, the city engineer shall return the plat to the applicant or the subdivider’s engineer with comments. The applicant or the applicant’s engineer shall return any revised plans to the planning department at least 10 days prior to the planning commission meeting where the final plat application is to be reviewed.
C. Planning Commission’s Responsibility. The planning commission shall review the final plat to determine whether the plat conforms to the requirements of the preliminary plat, with all requested changes or conditions of approval and any requirements of the master development plan agreement. If the planning commission determines that the final plat is in conformity with all requirements and the ordinances of the city, it shall recommend approval, approval with conditions, or it may table action on the final plat to obtain revised plans or additional information. If the final plat submittal is not in conformance, then the planning commission shall recommend denial of the final plat based upon findings of fact and cause that the reasons for the denial be noted and forwarded with the final plat to the city council.
D. Culinary and Sewer Authority Approval. The culinary and sewer authority shall review and approve the subdivision subject to the authority’s ability to provide services to the subdivision.
E. City Attorney’s Responsibilities. The city attorney shall review the final plat for compliance with the state statutes and any applicable city ordinances, the master development plan, the conditions of the preliminary plat and the proposed conditions, covenants and restrictions. The city attorney shall also prepare a project development agreement and bond agreement that shall accompany the final plat when it is reviewed and acted on by the city council.
F. City Council’s Responsibilities. The city council shall review the final plat, accompanying development agreement, estimated construction costs of proposed public facilities, conditions, covenants and restrictions (CC&Rs) and any other applicable state statutes and city ordinances. If the city council determines that the final plat meets all conditions of previous approvals and complies with all state and local regulations, they shall approve the plat and authorize the mayor to sign the original Mylar plat document when it is presented to him/her for their signature prior to recording. If the city council determines that the final plat is not in conformance, then the city council shall table final action until such time as the applicant corrects the deficiencies in the final plat, deny the final plat application or request that the planning commission review and make recommendations regarding specific final plat issues or concerns, particularly changes in the design and layout of the final plat.
G. City Recorder’s Responsibilities. The city recorder, subsequent to the approval of a final plat by the city council, shall be responsible to collect original documents and all required signatures on such documents which include, but are not limited to, the original Mylar plat, development agreement, improvement collateral, CC&Rs, current title report as defined in this chapter, submittal of required water rights (as certified by the city engineer and city attorney), submittal of any required fees including recording and inspection fees and any other applicable documents. When all documents and signatures have been collected, the applicant has executed the improvement collateral including the posting of security required, the payment of all outstanding fees for this development or any other business transaction with the city has been received, and all other outstanding conditions have been met, the city recorder shall record the final plat and any other documents that the city determines should be recorded with the subdivision (such as CC&Rs, improvement collateral, and development agreements, etc.). [Ord. O-23-2008 § 2 (Exh. A § 5.5); Ord. O-23-2005 § 3 (Exh. 1(2) § 5.5)].
16.25.060 Prior to recordation.
Prior to recordation, the applicant shall submit the following:
A. Recorded Boundary Survey. A boundary survey that is recorded with Utah County that defines the out boundary of the proposed subdivision.
B. Past Taxes. Documentation that all the taxes for the subject parcel have been paid to the Utah County tax commission.
C. Title Report Required. A current title report to be reviewed by the city attorney. A “current title report” is considered to be one which correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than 30 days before the proposed recordation of the final plat. [Ord. O-23-2008 § 2 (Exh. A § 5.6); Ord. O-23-2005 § 3 (Exh. 1(2) § 5.6)].
16.25.070 Security for public improvements.
Prior to recordation by the city recorder of any final plat, the applicant shall either (A) install all required improvements under the terms of a development agreement before the final plat is recorded; or (B) comply with the security provisions of this title which require full approved collateral or approved surety in the form of a corporate bond approved by the city attorney to assure completion of all improvements before building permits are issued by the city. Under option (B) above, the developer shall be required to enter into an improvement collateral agreement. This agreement shall be in a form approved by the city council and may contain specific provisions approved by the city attorney and shall include, but not be limited to, provisions that address timing and phasing of construction, time allowed for the completion of required improvements, expiration date, amount of funds to be used, a method and schedule for the release of funds, city access to funds, warranty amounts and period of warranty, maintenance of improvements during bonding and warranty periods and final acceptance of improvements. [Ord. O-23-2008 § 2 (Exh. A § 5.7); Ord. O-23-2005 § 3 (Exh. 1(2) § 5.7)].
16.25.080 Changing an approved final plat.
Minor modifications to an approved final plat may be administratively approved at the discretion of the planning director. Changes must go to the planning commission and city council for an increase of lots/units, reduction of improved open space, changes to the general street layout, or any major changes to the plat. [Ord. O-23-2008 § 2 (Exh. A § 5.8)].
16.25.090 Vacating or changing a recorded subdivision plat.
Proposals to vacate or change a recorded subdivision plat shall follow the process outlined in Chapter 16.55 EMMC. [Ord. O-23-2008 § 2 (Exh. A § 5.9); Ord. O-23-2005 § 3 (Exh. 1(2) § 5.8). Formerly 16.25.080].