CHAPTER 2.04 FINAL PLATS
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.
2.04.045 Development Agreement of Owner/Developer.
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 Land Use Authority Board 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 Land Use Authority Board 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):
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.
PRINTED NAME OF OWNER
On the day of , 20___, personally appeared before me the persons signing the foregoing Owner’s Dedication known to me to be authorized to execute the foregoing Owner’s Dedication for and on behalf of the owners who duly acknowledged to me that the Owner’s Dedication was executed by them on behalf of the Owners.
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 are 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 Land Use Authority Board (LUAB) may waive the full width dedication requirement and allow the dedication of a lesser width if LUAB 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 Administrator shall forward complete applications to the Land Use Authority Board.
B. The Land Use Authority Board (LUAB) shall review all applications for Final Plat approval for the purpose of determining compliance with approved Preliminary Plat, all applicable City Ordinances and the City General Plan. The City Engineer shall review Construction Drawings for compliance with all applicable City Ordinances.
C. The Land Use Authority Board (LUAB) is the final approving authority for Final Plats, and the City Engineer is the final approving authority for Construction Drawings.
1. The LUAB shall approve the Final Plat and the City Engineer shall approve the Construction Drawings if they meet the requirements of the Preliminary Plat and all applicable City Ordinances and State Statutes. Approval of a Final Plat is an Administrative Decision. The LUAB may approve the Final Plat with conditions if allowed discretion by applicable City Ordinances and State Statutes.
2. The LUAB may deny approval of the Final Plat and the City Engineer may deny the Construction Drawings if they do not comply with all applicable City Ordinances, State Statues and requirements of the Preliminary Plat, based upon finding of facts supported by law.
3. If the request for Final Plat or Construction Drawings approval is denied, the LUAB or City Engineer shall state the findings of fact for the denial.
D. In the case of a Final Plat that is a part of a Planned Unit Development (PUD), or Planned Development (P), the City Council shall have the final approving authority.
E. The City Engineer shall:
1. Review and approve all required Construction Drawings prior to recording. The City Engineer shall deny approval of the Construction Drawings unless they comply with generally accepted engineering standards, Title III General Public Works Construction Standards and Specifications, Geotech reports, and any other specifications, standards or policies established by the City.
2. Make recommendations to the Land Use Authority Board in accordance with City requirements concerning the Final Plat.
3. Review the Development Agreements and or easements and advise the LUAB and the Mayor that the engineering aspects of the agreements or easements are in order and ready for signature.
4. Review and approve Engineering cost estimates for development improvements and provide details for any applicable Escrow Bond.
5. Prior to recording, review the Final Plat and surveyor’s certification for acceptability.
6. After final approval by the City Engineer and Land Use Authority Board, sign the plat, and stamp the Construction Drawings as approved provided they meet all the requirements of this Chapter.
F. The City Attorney shall:
1. Review Title reports and advise the LUAB.
2. Prior to recording, review all Developments Agreements and or easements and advise the LUAB and the Mayor that the legal aspects of the agreements or easements are in order and ready for signature.
3. Prior to recording, review form of Bond.
4. Prior to recording, review the Final Plat Owner’s Dedication and other elements for acceptability.
2.04.040 ENTITLEMENTS. Entitlements of Final Plat approval allows the Developer to enter into a Development Agreement with the City, and have the Final Plat recorded with the Box Elder County Recorder. In accordance with 2.01.025 any Final Plat approved which is in conflict with this Title shall be null and void.
2.04.045 DEVELOPMENT AGREEMENT OF OWNER/DEVELOPER. No final subdivision plat shall be recorded until, the developer of the subdivision has tendered the bond required by Chapter 2.05 of this Title and entered into a Development Agreement with the City in which the developer agrees to: install the improvements as required by this Title and other applicable Titles; and to indemnify and hold the City harmless from any claims, suits or judgments arising from the condition of the property dedicated to the City, from the time that the property is dedicated to the City to the time when the improvements on the dedicated property are finally accepted by the City (including the passage of the warranty period); and the owner(s) of the subdivision has given written permission to the City or it’s representatives to enter upon the property included within the Final Plat to complete any subdivision improvements required by this Title in the event that the owner/developer fails to satisfactorily complete such improvements in the time allowed by this Title; and other requirements associated with the approval of the Final Plat. The Development Agreement shall be recorded with the Final Plat and the title of the Subdivision Development Agreement shall include the exact name of the subdivision as it appears on the Final Plat.
A. Approval- Minor Modifications of the Template Subdivision Development Agreement. The City Council authorizes minor modifications of the template Subdivision Development Agreement, adopted by Resolution of the City Council so that the language in the Development Agreement is applicable to the subdivision for which it is being used. The City Council authorizes the Mayor to sign the Subdivision Development Agreement at any time so long as the City Engineer and City Attorney have first signed the Agreement. The City Engineer and City Attorney’s signature shall signify that the engineering and legal aspects of the Agreement are in order and are ready for execution. Thereafter, the Agreement shall be placed on the City Council agenda for ratification.
B. Approval- Substantial Modification of Template Subdivision Development Agreement. The City Council authorizes major modifications of the template Subdivision Development Agreement, adopted by Resolution of the City Council to address specific circumstances and so that the language in the Development Agreement is applicable to the subdivision for which it is being used. When the Land Use Authority Board believes that any modification of the template Subdivision Development Agreement has substantially been altered from the template Subdivision Development Agreement adopted by Resolution of the City Council the Land Use Authority Board shall present the Subdivision Development Agreement first to the City Council for approval. After the City Council approves the Subdivision Development Agreement the Mayor is authorized to the sign the Agreement so long as the City Engineer and City Attorney have first signed the Agreement. The City Engineer and City Attorney’s signature shall signify that the engineering and legal aspects of the agreement are in order and are ready for the execution of the Agreement by the Mayor.
A. Final Plats. Any person aggrieved by the decision of any part of the Final Plat or amending a Final Plat may appeal in accordance with Chapter 1.04 of Title I.
B. The Appeal Authority and deadline for filing an appeal of a Final Plat or amending a Final Plat is as follows:
1. First Appeal. Person has ten (10) days to appeal the decision of the Land Use Authority Board to the City Council or if the City Council approved the Final Plat, thirty (30) days to appeal decision to the District Court.
2. Second Appeal. Person has thirty (30) days to appeal the decision of the City Counc