Chapter 2.04 Final Plats


Sections:

2.04.005 Purpose.
2.04.010 Final Plat Required.
2.04.015 Submission of Application.
2.04.020 Form and Contents of Required Documents.
2.04.025 Street Dedication.
2.04.030 Public Notice.
2.04.035 Review and Approval Procedures.
2.04.040 Entitlements.
2.04.045 Development Agreement of Owner/Developer.
2.04.050 Appeals.
2.04.055 Validity of Final Plat Approval.
2.04.060 Procedures for Recording Final Plat and Development Agreements.
2.04.065 Existing Structures as Part of Final Plat.
2.04.070 Amendments to Final Plat and Construction Drawings.
2.04.075 Amendments to Recorded Plats.
2.04.080 Lot Line Adjustments.

2.04.005 PURPOSE.

The purpose of the Final Plat is to require formal approval by the Development Review Committee before a subdivision plat is recorded in the office of the Box Elder County Recorder to ensure that the Final Plat, Construction Drawings and all information and procedures relating thereto shall in all respects be in compliance with the provisions of this Title, and requirements specified during the Preliminary Plat process.

2.04.010 FINAL PLAT REQUIRED.

A Final Plat is a required process prior to the Subdivision Plat being recorded in the office of the Box Elder County Recorder.

2.04.015 SUBMISSION OF APPLICATION.

A. Only property owners or their duly authorized agent’s shall make application for Final Plat on forms approved by the Zoning Administrator.

B. No Final Plat application shall be processed without 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 circumstances. The time frame for when an application shall be submitted in order to be heard at a Development Review Committee meeting shall be set by policy of the Zoning Administrator.

C. The application for Final Plat approval shall include the following:

1. Three (3) full-size (24″ x 36″) copies, one (1) small-size (11″ x 17″) of each sheet of the Final Plat and Construction Drawings.
2. All documents required in Section 2.05.020 below.
3. Payment of the applicable fee as set by Resolution of the City Council.

D. A Final Plat may be submitted for approval concurrently with the Preliminary Plat, provided the Final Plat meets the requirements of this Chapter. If the developer chooses to submit the Preliminary and Final Plats concurrently, the City maintains the right to deny the request for approval of the plats, and the developer shall bear all risks associated with their preparation and submittal.

2.04.020 FORM AND CONTENTS OF REQUIRED DOCUMENTS.

A. The Final Plat shall be drawn on a sheet approved by the Box Elder County Recorder’s Office. The Final Plat shall be drawn to scale. The scale shall be indicated on the plat and shall not be less than one (1) inch equals sixty (60) feet.

B. The Final Plat shall contain the following:

  1. An arrow indicating north, scale, and date of drawing on each sheet.
  2. The name of the subdivision.
  3. The subdivision boundary lines showing the proper bearings and dimensions, which lines shall be of heavier line weight than any other lines on the drawing, and which shall be referenced to two (2) section corner monuments and is prepared by a licensed Land Surveyor. The section corner monuments and the point of beginning shall indicate computed ″State Plane Coordinates.″ All bearing change locations of the subdivision boundary shall indicate computed “State Plane Coordinates.”
  4. The names, widths, lengths, bearings and curve data of all streets and other areas intended for public use.
  5. The numbers of all lots, blocks, and streets, which numbering shall be in accordance with the City street numbering system, as designated by the Zoning Administrator. Streets shall not be given names other than the appropriate number designation (e.g., 600 North) for the street, except in the case of streets that cannot be readily assigned numerical designations because of a configuration which is not aligned with north-south or east-west coordinates.
  6. The bearings, dimensions, and square footage of each lot.
  7. The bearings, dimensions, and locations of all easements within the subdivision.
  8. A “Certificate of Survey” with a metes and bounds description, the signature of a Land Surveyor licensed in the State of Utah and the land surveyor’s seal.
  9. A provision containing the notarized signatures of all of the owners, dedicating all streets, public utility easements and other public areas to the City for the perpetual use of the City as follows (unless alternative language is approved by the City Attorney):

OWNER’S DEDICATION

We, the undersigned owners of all the real property depicted on this plat and described in the surveyors certificate on this plat, having clean title and full legal authority to dedicate the same, have caused the land described on this plat to be divided into lots, streets, parks, open spaces, easements and other public uses as designated on the plat, and to be hereinafter known as the ″___________ Subdivision.″ We now do hereby dedicate, grant, and convey, in perpetuity, pursuant to the provisions of 10-9a-607, Utah Code, without condition, restriction or reservation to Tremonton City, Utah, all public streets or other public rights-of-way as public thoroughfares, and also dedicate all designated easements for public utilities and drainage purposes, which shall be used for the installation, maintenance and operation of public service utility lines and drainage as intended for public use, open spaces shown as public open spaces, public parks and all other places of public use and enjoyment to Tremonton City, Utah, together with all improvements required by the Development Agreement, executed between the undersigned and Tremonton City, for the benefit of Tremonton City and the inhabitants thereof.

OWNER(S):
PRINTED NAME OF OWNER
AUTHORIZED SIGNATURE(S)

ACKNOWLEDGMENT OF OWNER’S AGENT’S SIGNATURE

STATE OF UTAH )
§
COUNTY OF BOX ELDER )

On this ____ day of_______     , 20___, personally appeared before me,                     who being by me duly sworn did say and acknowledge that he/she is the authorized agent of the Owner of the real property listed herein, and as the authorized agent he/she signed the foregoing instrument with authority to execute on the Owner’s behalf.
_______________________
NOTARY PUBLIC

ACKNOWLEDGEMENT OF OWNER

STATE OF UTAH )
§
COUNTY OF BOX ELDER )

On this ____ day of _______    , 20___, personally appeared before me, _________________ who being by me duly sworn did say and acknowledge that he/she is the Owner of the real property listed herein and executed the foregoing instrument freely and voluntarily.

_______________________________
Notary Public

CORPORATE ACKNOWLEDGEMENT

STATE OF UTAH )
§
COUNTY OF BOX ELDER )

On this ____ day of _______    , 20___, personally appeared before me, _________________, who being by me duly sworn did say and acknowledge that he/she is an officer of __________________, a Utah Corporation, which Corporation is the Owner of the real property listed herein, and executed the foregoing instrument as the authorized agent of the Corporation, and that said authorization to sing on behalf of the Corporation came pursuant to a Resolution of the Board of Directors, the Articles of Incorporation, and/or the Corporate Bylaws.

_______________________________
Notary Public

LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT

STATE OF UTAH )
§
COUNTY OF BOX ELDER )

On this ____ day of _______    , 20___, personally appeared before me, _________________, who being by me duly sworn did say and acknowledge that he/she is a Manager of _________________, a Utah Limited Liability Company (“LLC”), which LLC is the Owner of the real property listed herein, and executed the foregoing instrument as the authorized agent of the LLC, and that said authorization to sign on behalf of the LLC came pursuant to a Resolution of the Managers, the Certificate of Organization, and/or the Operating Agreement of the LLC.

_______________________________
Notary Public

 

TRUST ACKNOWLEDGEMENT

STATE OF UTAH )
§
COUNTY OF BOX ELDER )

On this ____ day of _______    , 20___, personally appeared before me, _________________, who being by me duly sworn did say and acknowledge that he/she is the Trustee of the __________________ TRUST dated the ___ day of _________, ___, which Trust is the Owner of the real property listed herein, and executed the foregoing instrument as the Trustee of the Trust, and that said authorization to sign on behalf of the Trust came up pursuant to the Declaration of Trust of the Trustors.

_______________________________
Notary Public

10. Industrial and Agriculture Protection Areas.

a. Any new subdivision development located in whole or in part within one-thousand (1,000) feet of the boundary of an industrial protection area, the owner of the development shall provide notice on any plat filed with the County Recorder in accordance with Utah Code Annotated 17-41-403 (b); or

b. Any new subdivision development located in whole or in part within three-hundred (300) feet of the boundary of an agriculture protection area, the owner of the development shall provide notice on any plat filed with the County Recorder in accordance with Utah Code Annotated 17-41-403 (a).

11. A notice of all covenants, conditions and other restrictions that may be relevant and applicable to the property contained within the Final Plat.

12. An “Acceptance by Tremonton City” approval block for the signatures of the Land Use Authority Chairperson, Mayor, City Engineer, and attestation by the City Recorder. A signature line for the City Attorney to sign approved as to form shall be provided. The Land Use Authority approval includes but is not limited to Culinary Water Authority, Sanitary Sewer Authority and Fire Authority.

13. A note indicating the following: ″High Ground Water levels may be present in the area. Tremonton City’s inspection of construction does not constitute any assumption of liability for high water table issues. The buyer of each individual lot is solely responsible for all risks involved in purchasing and building on these lots.″

14. A note indicating the following: “The Tremonton City Culinary Water Authority does not reserve or warrant water capacity for recorded lots or property. Culinary water capacity is reserved and guaranteed once a building permit is issued for a lot or property.”

15. A with a note indicating the following: “The Tremonton City Sanitary Sewer Authority does not reserve or warrant sewer treatment capacity for recorded lots or property. Sewer treatment capacity is reserved and guaranteed once a building permit is issued for a lot or property.”

C. The following documents shall be included with the application for Final Plat approval:

1. Construction drawings showing existing ground and/or asphalt elevations, planned grades and elevations of required subdivision improvements contained in this Title, the location of all public utilities in accordance with Section 3.01.015 of Title III. Improvements shown on the construction drawings shall be in accordance with the approved Preliminary Plat. All Construction drawings shall be designed by a Professional Engineer, licensed in the State of Utah and qualified to perform such work. All construction drawings shall have the design Engineer State license seal stamped and signed on all submitted sheets.

2. Documents evidencing conveyances or consents from owners of property interests within the subdivision when such is required by law.

3. Engineers estimates of all the required subdivision improvements associated with the Final Plat and construction drawings.

4. A title report prepared by a title company licensed to practice in the State of Utah, which shows that the owner/applicant owns or represents the owner(s) of all of the property contained within the Final Plat.

5. A soil report prepared and stamped by a licensed Geotechnical Engineer. (See Section 2.06.040 of this Title for what is to be included in the Geotechnical report).

6. Owner’s Association. Site Plans that are being subdivided shall submit an Owners Association document for Tremonton City for review and approval. The Owners Association document shall include but is not limited to addressing the management of parking, parking lot maintenance, snow removal, landscaping, landscaping maintenance, storm water, etc. which is requisite for the management of the development and other issues for which Tremonton City has land use authority for as enumerated in UCA 10-9a-102. The approved Owners Association document shall be recorded in the Box Elder County’s Recorders Office with the subdivision

7. Documents evidencing consent from other utility providers stating that they will provide service to the subdivision.

8. Any other documents the City may reasonably require ensuring compliance with the terms and purposes of City Ordinances.

2.04.025 STREET DEDICATION.

Unless previously dedicated, the developer shall dedicate to the City the full width of all street rights-of-way on the Final Plat; provided, however, that in cases where a proposed street in the subdivision abuts undeveloped property where no street currently exists and the property is not owned by the applicant the Development Review Committee (DRC) may waive the full width dedication requirement and allow the dedication of a lesser width if DRC finds that such is necessary to promote the health, safety, and welfare of the public. In no case, however, shall the lesser width allowed be less than half of the full right-of-way plus ten (10) feet.

2.04.030 PUBLIC NOTICE.

A. Final Plats- Public Meeting. Twenty-four (24) hour notice of public meeting posted in at least three (3) public places or the City website and Utah public notice website. No public hearing is required.

B. Amendment to Recorded Plat- Vacating or Amending a Public Street, Right-of-Way, or Easement. Vacating or Amending a Public Street, Right-of-Way, or Easement the Legislative Body shall hold a public hearing and give notice of the date, place and time of the public hearing at least ten (10) days before the public hearing and notice mailed to the record owner of each parcel that is accessed by the Public Street, Right-of-Way, Easement; notice mailed to each Affected Entity; publish in a newspaper of general circulation; post a notice of meeting on the street, right-of-way, or easement proposed to be vacated or amended to give notice to passers-by; and publish on the Utah Public Notice website. Twenty-four (24) hour notice of public meeting posted in at least three (3) public places or the City website and Utah public notice website.

C. Amendment to Recorded Plat. Amendments other than vacating or amending a Public Street, Right-of-Way, or Easement the Land Use Authority shall hold a public hearing as noted in Section 2.04.030 B, if any owner within the plat objects to the amendment or vacation in writing to the City within ten (10) days of the mailed notice or because all of the owners in the subdivision have not signed the revised plat. Twenty-four (24) hour notice of public meeting posted in at least three (3) public places or the City website and Utah Public Notice website.

D. Notice to Applicant. Pursuant to Utah Code Annotated 10-9a-202 the Zoning Administrator shall: notify the Applicant of the date, time, and place of each public hearing and public meeting to consider their Final Plat application; provide to each Applicant a copy of each staff report, if a report is prepared, regarding their Final Plat application at least three (3) business days before the public hearing or public meeting; and notify the Applicant of any final action on their Final Plat application.

2.04.035 REVIEW AND APPROVAL PROCEDURES.

A. The Zoning Administrator shall review each application submitted to determine the completeness of the application. The Zoning Administra