11-3-1: GENERAL PROCEDURE:
11-3-2: CONCEPT PLAN:
11-3-3: PRELIMINARY PLAT:
11-3-4: AMENDMENTS TO PRELIMINARY PLAT:
11-3-5: FINAL SUBDIVISION PLAT:
11-3-6: VESTED RIGHTS AND EFFECT OF APPROVAL:
11-3-7: SIGNING AND RECORDATION OF SUBDIVISION PLAT:
11-3-8: APPEALS TO CITY COUNCIL:
11-3-9: SUSPENSION AND INVALIDATION OF FINAL PLAT:
11-3-1: GENERAL PROCEDURE:
A. Classification Of Subdivisions: Before any land is subdivided, the owner of the property proposed to be subdivided, or an authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures, which include three (3) principal steps for subdivisions:
1. Concept plan;
2. Preliminary plat;
3. Final subdivision plat.
B. Official Submission Dates: The date of the meeting of the planning commission on which the application first appears shall constitute the official submission date of the plat on which the statutory period required for formal approval, conditional approval or disapproval of the concept, preliminary or final subdivision plat shall commence to run.
C. Subdivision Fees: An application fee and a fee for each lot unit shall be assessed for each phase of processing of a subdivision. The amount of fees shall be based on a fee schedule adopted by resolution or ordinance by the city council. The applicant shall also reimburse the city for application fees and professional fees upon completion of each phase of processing. All fees associated with subdivisions shall be set by resolution or ordinance. The city manager shall collect all fees associated with the application and processing prior to recordation of the final plat. (Ord. 2007-05, 5-16-2007)
11-3-2: CONCEPT PLAN:
A. Discussion Of Requirements: Before preparing the concept plan for a subdivision, the applicant shall schedule an appointment and meet with the city manager, or other designated person, to discuss the procedure for approval of a subdivision plat, to obtain pertinent regulations and the requirements as to general layout of streets, reservations of land, street improvements, drainage, sewerage, fire protection, protection of sensitive lands, and similar matters, as well as the availability of existing services.
B. Application Procedure And Requirements: Prior to subdividing land and after meeting with the city manager, or other designated person, the owner of the land, or authorized agent, shall file an application for approval of a concept plan with the planning commission and/or city manager. The application shall:
1. Be made on forms available at the city office;
2. Identify all contiguous holdings of the owner, including land in "common ownership", as defined in section 11-2-1 of this title, accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the book and page recorded in the county clerk and recorder's office. The affidavit shall advise as to the legal owner of the property, the contract owner of the property, the date the contract of sale was executed, and, if any corporations are involved, a complete list of all directors, officers and stockholders of each corporation owning more than five percent (5%) of any class of stock;
3. Provide a drawing, to engineer's scale, showing topography at five foot (5') intervals (minimum), and including all land which the applicant proposes to subdivide and all land immediately adjacent extending three hundred feet (300') from the boundaries of the subject property, or of that directly opposite the subject property, extending three hundred feet (300') from the street frontage of opposite land. The names of owners of all adjacent land shall be shown on the concept plans shown in the county recorder's files. This information may be shown on a separate current property plat reproduction from the county recorder's office showing the subdivision superimposed on the plat map;
4. The concept plan must show future streets, development parcels, project phasing, adjacent streets and utilities locations, easements and sensitive lands for the total development area. The concept plan must guide the project through all phases. The concept plan may be revised and approved by the planning commission as phases of the project are developed. Complete information about the size and scope of the project must be provided. Cross sections or other technical illustrations may be required to communicate the intent of the project and shall be required if deemed necessary by the planning commission;
5. Be accompanied by a minimum of three (3) twenty four inch by thirty six inch (24" x 36"), and ten (10) eleven inch by seventeen inch (11" x 17") copies of the concept plan as described in these regulations and complying in all respects with these regulations;
6. Be presented to the city manager;
The application shall include an address, telephone number and fax number of an agent who shall be authorized to receive all notices required by these regulations.
C. Notice To Proceed: If the concept plan constitutes a subdivision, the city manager shall authorize the development to proceed only if the concept plan complies with all applicable laws governing the subdivision of land. At a minimum, the notice to proceed shall be dictated by the requirements and record of the planning commission. After concept plan approval, the applicant must first file an application for approval of a preliminary plat, as provided in these regulations, before filing a final subdivision plat for approval.
D. Referral Of Concept Plan: The city manager shall request that all applicable officials and agencies, to whom a request for review has been made, submit their report to the city manager in a timely manner after receipt of the request. The city manager will consider all the reports submitted by the officials and agencies concerning the concept plan and shall forward it to the planning commission and city council for review.
E. Public Hearing: Upon receipt of a formal application for concept plan approval and all accompanying material, the city manager shall call a public hearing for the earliest possible regularly scheduled meeting of the planning commission. The city manager shall submit a notice for publication according to Utah Code Annotated, and shall maintain file copies of the plans and application when appropriate for public review prior to the hearing. The city office shall, insofar as practical, give notice of the first meeting, at which an application for approval of the concept plan is to be considered, to all property owners within a three hundred foot (300') radius of the subject property which appears on the latest plat in the county recorder's office. Whenever publication or posting of notice is required by this subsection, any other section of this code, or applicable state law, to the extent practical, the city may forward a copy of the notice by U.S. mail service, within a reasonable time before the hearing or meeting, to all of the owners of real property whose names are provided by each applicant or petitioner, or otherwise acquired by the city, at the addresses listed. The provisions of this subsection are adopted in an effort to more adequately notify property owners who may be affected by the land use decisions of the city. Compliance with the provisions of this subsection shall not be a condition precedent, nor a mandatory addition, to the requirements for giving legal notice as stated in this code or applicable state law; and no hearing or action taken by the city under the provisions of this title or code shall be deemed invalid or illegal because of failure to comply with the provisions of this subsection, or any other similar section of this code. The cost of forwarding the notices may be charged to and collected from the applicant or petitioner.
F. Public Meeting Of City Council: Upon approval of the concept plan by the planning commission, the city manager shall set a public meeting by the city council in the manner prescribed by Utah Code Annotated. The city council will not take formal action on the application, but will make its recommendations to the planning commission for the further processing of the application by the planning commission. (Ord. 2007-05, 5-16-2007)
11-3-3: PRELIMINARY PLAT:
A. Application Procedure And Requirements: The applicant shall file with the city manager an application for approval of a preliminary plat if it elects to proceed. The preliminary plat shall conform substantially with the concept plan submitted by the applicant and which formed the basis for the notice to proceed as defined in the record of the planning commission. The application shall:
1. Be made on forms available at the city office, together with all fees as shown on the most recently adopted fee schedule.
2. Include all land which the applicant proposes to develop and all land immediately adjacent extending three hundred feet (300') from the boundaries of the subject property, or of that directly opposite the subject property, extending three hundred feet (300') from the street frontage of opposite land. The names of owners of all adjacent land shall be shown on the plat as shown in the county recorder's files.
3. Be accompanied by a minimum of three (3) twenty four inch by thirty six inch (24" x 36"), and ten (10) eleven inch by seventeen inch (11" x 17") copies of the preliminary plat, as described in these regulations. All drawings and reductions must be prepared and submitted in engineer's scale.
4. Comply in all respects with the approved concept plan.
5. Be presented to the city manager at least three (3) calendar weeks prior to a regular meeting of the planning commission.
6. Show that the subdivider has made provision of open space, as required herein.
B. Public Meeting: Upon receipt of a formal application for preliminary plat approval and all accompanying material, the city manager shall schedule a review of the preliminary plat at the earliest possible regularly scheduled meeting of the planning commission. The city manager shall submit a notice for publication according to Utah Code Annotated, and shall maintain file copies of the plans and application when appropriate for public review prior to the planning commission meeting.
C. Preliminary Approval: After the planning commission has reviewed the preliminary plat, required reports, any municipal or staff recommendations and testimony and exhibits submitted, any required changes and/or additions shall be specified in the minutes of the planning commission. The commission shall approve, conditionally approve, disapprove, or continue action on the preliminary plat. These actions will be justified by findings in the planning commission record. Before the commission approves a preliminary plat showing open space dedication or land for other city use that is proposed to be dedicated to the city, the commission shall obtain approval of the open space or land dedication from the city council. If the planning commission disapproves the proposed subdivision, the applicant may execute an appeal in the manner prescribed.
D. Standard Findings For Approval Of Preliminary Plats: No preliminary plat of a proposed subdivision shall be approved by the planning commission unless the applicant proves by clear and convincing evidence that:
1. Definite provision has been made for a water supply system that is sufficient quantity, dependability and quality to provide an appropriate supply of water for the type of subdivision proposed;
2. Adequate provision has been made for connection to the city sewer system and that sufficient capacity is available or that another acceptable system has been approved by the city council and applicable state agencies;
3. All areas of the proposed subdivision which may involve sensitive lands have been identified by the subdivider and that the proposed uses of these areas are compatible with regulations of this title;
4. The subdivider has the financial ability to complete the proposed subdivision in accordance with all applicable federal, state and local laws and regulations;
5. The proposed subdivision will not result in the scattered subdivision of land that leaves undeveloped parcels of land lacking urban services between developed parcels;
6. The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety and welfare.
The planning commission is authorized to disapprove the preliminary plat even though the land proposed for subdivision is zoned appropriately and the proposed use is consistent with the general plan, unless all requirements are fulfilled according to this title.
E. Special Requirements Involving Sensitive Lands1: The following additional information shall be required by the planning commission for all subdivisions when involving sensitive lands and when located within a residential critical area (RCA) zone, a recreational planned development (RPD) zone, and whenever involving state or federal protection status:
1. Soils Report: A soils report shall be prepared by a qualified soils engineer, and must contain at least the following information:
a. A slope analysis with a contour map accurately depicting no less than five foot (5') contour intervals. Slope classifications shall be identified on a colored slope map in percentage of gradients in the following categories:
b. Accepted soils engineering tests to determine bearing capacity, settlement potential and shrink/swell potential of the site.
c. An estimate of the normal highest elevation of the season high water table and the location of swamps, seeps or springs with the reasons for the occurrence of these underground water sources.
d. A written statement by the person or firm preparing the soils report identifying the means proposed to minimize hazard to life, property, adverse effects on the safety, use or stability of a public right of way or drainage channel.
2. Geology Report: A geology report shall be prepared by a person or firm qualified by training and experience to have expert knowledge of the subject. The report shall include mapping of geologic hazards and must identify author and date of the data upon which the report is based. The report must include an analysis of the geologic conditions, conclusions and recommendations regarding the effect of geologic conditions on the planned residential subdivision and recommendations covering the adequacy of sites to be developed. The report must include a written statement by the person or firm preparing the report, identifying the means proposed to minimize hazard to life or property, adverse effects on the safety, use or stability of a public right of way or drainage channel, and adverse impact on the natural environment.
3. Vegetation Plan: The vegetation plan and report shall be prepared by a person or firm qualified by training and experience to have expert knowledge of the subject, and shall include the following:
a. A plan of the proposed revegetation of the site, detailing existing vegetation to be preserved, new vegetation to be planted and any modifications to existing vegetation.
b. A plan for the preservation of existing vegetation during construction.
c. A vegetation maintenance program, including initial and continuing maintenance necessary.
d. A written statement by the person or firm preparing the report, identifying any vegetation problems and further stating an opinion as to the ability of the proposed plan to mitigate or eliminate such problems in a manner as to prevent hazard to life or property, adverse effects on the safety, use or stability of a public way or drainage channel, and adverse impact on the natural environment.
4. Waiver Of Reports: Reports on sensitive lands may be waived by the planning commission when it determines that the land is void of sensitive lands and a hazard to the public safety, health and welfare does not exist.
F. Public Improvements: The planning commission shall require the applicant to indicate on the plat all streets and public improvements to be dedicated, all special districts for water, fire and utility improvements, which shall be required to be established or extended, and any other special requirements deemed necessary by the planning commission in order to conform the subdivision plat to the official map and the general plan of the city.
G. Effective Period Of Preliminary Plat Approval: The approval of a preliminary plat shall be effective for a period of one year from the date that the preliminary plat is approved by the planning commission and the city council, at the end of which time the applicant must have submitted a final subdivision plat for approval. If a final subdivision plat is not submitted for final approval within the one year period, the preliminary approval shall be null and void, and the applicant shall be required to submit a new plat for concept plan review, subject to the then existing zoning restrictions and subdivision regulations.
H. Zoning And Subdivision Regulations: Every preliminary plat shall conform to existing zoning regulations and subdivision regulations applicable at the time that the proposed preliminary plat is submitted for the approval to the planning commission unless the city council has previously started the process to take or has taken official action toward amending the applicable zoning and/or subdivision regulations.
I. Grading Of Site Prior To Final Approval: Subsequent to preliminary approval, the developer may apply for a topsoil and excavation permit from the planning commission, or such other agency or person, as no grading of the site shall occur until the final plat is approved. Thereafter, no grading of the site shall occur without first obtaining the necessary permit from the person or agency as the city council shall direct and the posting of such security as is required as a condition to receiving the permit. The city council shall direct, and upon receipt of the permit, may commence construction to the grades and elevations required by the approved preliminary plat. However, grading may not occur in areas of sensitive lands unless all requirements for sensitive lands are fulfilled.
J. City Council Meeting: After the meeting of the planning commission for preliminary plat approval, the city manager shall schedule a review of the preliminary plat at the earliest possible regularly scheduled meeting of the city council. The city manager shall submit a notice for publication according to Utah Code Annotated, and shall maintain file copies of the plans and application when appropriate for public review prior to the city council meeting. (Ord. 2007-05, 5-16-2007)
11-3-4: AMENDMENTS TO PRELIMINARY PLAT:
At any time after preliminary plat approval and before submission of a final plat, the applicant may request of the city manager that an amendment be made in the approval or conditional approval of the preliminary plat. Under regulations established by the planning commission, the city manager may agree to proposed amendments that are deemed to be minor. If the proposed amendment is major, the planning commission shall hold a public hearing on the proposed major amendment, and the hearing shall be limited to whether the proposed major amendment should or should not be approved. The commission shall approve or disapprove any proposed major amendment and make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions required by the commission, the applicant may withdraw the proposed major amendment. A major amendment shall include, but is not limited to, any amendment that results in or has the effect of decreasing open space in the subdivision by ten percent (10%) or more, or increasing density in the subdivision by ten percent (10%) or more. An applicant may not propose more than two (2) amendments, whether major or minor, to any preliminary plat. (Ord. 2007-05, 5-16-2007; amd. 2009 Code)
11-3-5: FINAL SUBDIVISION PLAT2:
A. Application Procedure And Requirements: Following the approvals of the preliminary plat, the applicant may proceed with the subdivision by filing the final plat with the city council/planning commission. The final plat/applicant shall:
1. Pay fees as shown on the most recently adopted fee schedule.
2. Include the entire subdivision, or section thereof, which derives access from an existing state, county or city road.
3. Be accompanied by a minimum of three (3) twenty four inch by thirty six inch (24" x 36") and ten (10) eleven inch by seventeen inch (11" x 17") copies of the subdivision plat and the construction plans, as described in these regulations.
4. Comply in all respects with the preliminary plat, as approved.
5. Be presented to the city manager at least three (3) weeks prior to a regular meeting of the commission.
6. Submit with copies of the final plat, three (3) copies of the final draft of any restrictive covenants and/or covenants, conditions and restrictions (CC&Rs) to be recorded with the final plat.
7. Be accompanied by a dedication to the public of all streets, city uses, utilities, parks, open space and easements, in a form approved by the city attorney, which form shall be as follows and included on the final plat:
Know all men by these presents that we, the undersigned owners of the above described tract of land, having caused the same to be subdivided into lots, easements, parks, open space and/or streets or other parcels intended for public use, to be hereafter known as: , do hereby warrant and save Wellsville City, Utah, harmless from any easements and encumbrances thereon and any other fee simple title flaws or claims, and do hereby dedicate, grant and convey the same to Wellsville City, for the perpetual use of the public, whether the parcels are intended to be used for easements, streets, parks or other public use.
In witness whereof, we have hereunto set our signatures this day of , 20 .
8. Ensure that the following statement is placed on the face of the final plat:
Wellsville City shall have the right, but not the duty, to require, and if necessary, perform, at the organization's expense, landscaping, maintenance and snow removal, as applicable, within the open space areas if the organization fails adequately to perform such. The city may take this action when asked to take over improvements or maintenance tasks by an organization. The city council may also take such actions when it determines the need based on a historical pattern of lack of care and maintenance. In the event Wellsville City exercises this right, the city shall be entitled to recover any associated costs and attorney fees. This notation shall not be amended or deleted without the approval of Wellsville City.
9. Be accompanied by the subdivision improvement agreement, if required, in form satisfactory to the city attorney, which shall include a provision that the subdivider shall comply with all the terms of this title, other applicable laws and the terms of final subdivision plat approval as determined by the city council. Shall include, but not be limited to, the performance of all required subdivision and off site improvements.
10. Provide the following data with the final plat:
a. A title in bold letters which includes the name of the subdivision and its location by number of section, township, range and county;
b. Signature and seal of the registered land surveyor preparing the plat;
c. Scale, north arrow and date of plat preparation. Plat to be drawn to an accurate scale not to exceed one inch equals fifty feet (1" = 50'), unless otherwise approved by the planning commission;
d. Boundaries of the tract (to be drawn slightly heavier than street and lot lines) shall show all bearings and distances, determined by an accurate field survey. All dimensions shall be expressed in feet and decimals thereof. All boundary, lot and other geometrics on the final plat shall close to an accuracy of not less than one part in five thousand (5,000);
e. Excepted parcels within the plat boundaries shall show all bearings and distances determined by an accurate field survey and data expressed the same as other data on the plat;
f. Description of cardinal points to which all dimensions, angles, bearings and similar data on the plat shall be referenced. Each of the two (2) corners of the subdivision traverse shall be tied by course, or other legal land subdivision corners;
g. Plat shall show all physical encroachments upon the boundaries of the tract;
h. Names, right of way lines, courses, lengths, widths and bearings and curve data on the centerline of all public streets, alleys, crosswalks and utility easements; radii, points of tangency and central angles of all curvilinear streets and alleys; and radii of all rounded street line intersections;
i. All drainageways shall be shown on the plat with the same information and in the same manner as in the preliminary plat;
j. All easements for right of way provided for public services or utilities and any limitations of the easements. Construction within easement shall be limited to utilities and wood, wire or removable section type fencing;
k. Location, lines, dimensions, bearings and number of all residential lots and blocks. All residential lots shall be numbered by consecutive numbers throughout the plat;
l. All lots, blocks, or parts thereof, reserved for any reason within the subdivision, and all other exceptions, tracts and private parks shall be so designated, lettered or named and clearly dimensioned;
m. Location, dimensions, bearings, radii, arcs and central angles of all sites to be dedicated to the public will be clearly indicated and intended use specified;
n. Location of all adjoining properties with date, book and page number of recordation noted, or if unrecorded, so marked;
o. Any proposed private deed restrictions to be imposed upon the plat, or any part or parts thereof, pertaining to the intended use of the land shall be typewritten and attached to the plat and to each copy submitted;
p. A line indicating location and extent of open space, buildable, and nonbuildable areas related to the subdivision and a statement describing all requirements related to the existence or maintenance of open space, trail easements, nonbuildable areas, conditional and prohibited uses, and restrictions on land use, in or affecting the development or subdivision;
q. A written statement from applicable irrigation company specifying approval;
r. Table of acreage, square feet and percentage calculations with total acres, open space, net lotted area and dedicated area;
s. Signature blocks required:
(1) Surveyor's certificate;
(2) Owner's dedication;
(3) Acknowledgments by owner to include corporate, partnership, limited liability company or trust acknowledgment, as applicable;
(4) Agreements, as applicable;
(5) Utility companies' approval;
(6) County recorder's number;
(7) County surveyor's certificate;
(8) City engineer's certificate;
(9) City attorney's approval;
(10) Mayor's approval and acceptance;
(11) Planning commission chairperson's approval and acceptance.
B. Notification Of Local Emergency Authorities: The final subdivision plat shall be properly filed with the fire chief and director of EMT for their comment, which shall become conditions of final approval.
C. Recommendation And Final Approval: The planning commission shall recommend that the city council approve or disapprove the subdivision application and shall set forth in detail any findings for recommending disapproval to the city council. The city council, at a regular city council meeting, will make final approval, disapproval, or may continue for approval or disapproval at a subsequent meeting if all requirements have not been satisfied.
D. Submission And Review: Subsequent to approval by the planning commission, three (3) twenty four inch by thirty six inch (24" x 36") and ten (10) eleven inch by seventeen inch (11" x 17") paper copies of the construction plans, and one copy of the original of the subdivision plat on reproduction Mylar, and three (3) copies of the subdivision plat on paper, shall be submitted to the city manager for final review.
E. Approval, Signatures Required: No final approval shall be endorsed by the mayor on the plat until a review has indicated that all requirements of the approval have been met. All required signatures must be on the final plat before the city council indicates final signed acceptance.
F. Security; Title Report: Security shall be delivered to the city before the final plat is signed by the mayor, together with a current title report, obtained by the developer or the city manager, at the developer's expense, from a licensed title company identifying the current owners of the real property included in the final plat. (Ord. 2007-05, 5-16-2007)
11-3-6: VESTED RIGHTS AND EFFECT OF APPROVAL:
A. Vested Rights: Except as otherwise provided in this section, no vested rights shall accrue to the owner or developer of any subdivision by reason of preliminary or final plat approval until the actual signing of the final plat by the chairperson of the planning commission, the mayor and the city recorder.
B. Effect Of Recordation: Except as otherwise provided in this section, no vested rights shall accrue to the owner or developer of any subdivision by virtue of the recordation of a final plat.
C. Applicable Laws: To obtain final plat approval, the applicant shall be in compliance with all federal and state laws applicable at the time that the final plat is considered for approval by the planning commission. The applicant also shall be in compliance with all local laws and regulations applicable at the time that the preliminary plat was submitted to the planning commission in accordance with subsection 11-3-3G of this chapter, except that the applicant shall comply with those local laws and regulations in effect at the time that the final plat is considered for approval by the commission if the planning commission makes a determination on the record that compliance with any of those local laws and regulations is reasonably necessary to protect public health and safety. If the planning commission required the applicant to complete public improvements in the subdivision prior to final plat approval, and the improvements have, in fact, been completed, the applicant may be required to comply with local laws and regulations in effect at the time that the final plat is considered for approval only if the planning commission makes a finding on the record that such compliance is necessary to prevent a substantial risk of injury to public health, safety and general welfare. (Ord. 2007-05, 5-16-2007)
11-3-7: SIGNING AND RECORDATION OF SUBDIVISION PLAT:
A. Public Improvements: The planning commission shall require that all public improvements be installed and dedicated prior to the signing of the final subdivision plat by the chairperson of the planning commission, the mayor and the city recorder. If the planning commission, for good cause stated in the meeting minutes, does not require that all, or any portion of, the public improvements be installed and dedicated prior to signing of the final subdivision plat by the chairperson of the planning commission, the mayor and the city recorder, the planning commission shall require that the applicant execute a subdivision improvement agreement and provide security for the agreement as provided in chapter 4 of this title. It is intended that all public improvements be installed and dedicated as herein provided before the final plat is signed by the chairperson of the planning commission, the mayor and the city recorder and recorded, except for rare instances when exceptional circumstances persuade the planning commission to recommend that the city council allow, and the city council, in its sole discretion, does allow, the final plat to be signed and recorded with development allowed to proceed after the execution of a subdivision improvement agreement and the provision of adequate security, as required herein.
B. Signing Of Plat:
1. When a subdivision improvement agreement and security are required, the mayor shall endorse approval on the final plat after the agreement and security have been approved by the planning commission, and all the conditions of the approval pertaining to the final plat have been satisfied.
2. When installation of improvements is required prior to recordation of the final plat, the chairperson of the planning commission and mayor shall endorse approval on the final plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the city as shown by a certificate signed by the city engineer and city attorney stating that the necessary dedication of public lands and improvements has been accomplished.
C. Recordation Of Plat:
1. The mayor, city recorder, chairperson of the planning commission, city engineer, county surveyor and city attorney will sign the reproducible Mylar original of the final subdivision plat.
2. It shall be the responsibility of the city manager to file the final plat with the county recorder's office. Simultaneously with the filing of the final plat, the city manager shall record the development agreement, the declarations of covenants, conditions and restrictions, articles of incorporation for any homeowners' association and the evidence of dedication, together with such legal documents as shall be required by the city attorney to be recorded.
D. Phasing Subdivision Plats: Prior to granting final approval of a subdivision plat, the planning commission may permit the plat to be divided into two (2) or more phases and may impose such conditions upon the filing of the phases as it may deem necessary to assure the orderly development of the plat. The planning commission may require that the subdivision improvement agreement and security be in such amount as is commensurate with the phase or phases of the plat to be filed and may defer the remaining amount of the security until the remaining phases of the plat are offered for filing, but this procedure shall only be followed when all public improvements are not required to be installed and dedicated prior to the final plat being signed and recorded. (Ord. 2007-05, 5-16-2007)
11-3-8: APPEALS TO CITY COUNCIL:
A. Notice Of Appeal: The applicant for subdivision approval may appeal the disapproval of any concept plan, preliminary or final subdivision plat by the planning commission by filing a notice of appeal with the city council, with a copy to the planning commission, no later than ten (10) days after the date when the planning commission disapproved the concept plan, preliminary or final subdivision plat. The notice of appeal shall set forth in clear and concise fashion the basis for the appeal.
B. Hearing: The appeal shall be considered at the next regularly scheduled public meeting of the city council, subject to statutory noticing requirements, at which time the city council may affirm, affirm with conditions, or reverse the decision of the planning commission. The city council may reverse the decision of the planning commission if three (3) members of the city council vote in favor of such reversal. On appeal, the applicant shall be allowed to make a presentation to the city council under such terms, conditions and procedures as established by the city council. The city council shall render a decision affirming, affirming with conditions, or reversing the planning commission decision. If the city council reverses the planning commission decision, the applicant may proceed to submit a preliminary or final plat as appropriate under the conditions for approval agreed to by the city council.
C. Further Appeal: The applicant for subdivision approval may not appeal the disapproval of any final subdivision plat by the city council, except as provided by state law. (Ord. 2007-05, 5-16-2007)
11-3-9: SUSPENSION AND INVALIDATION OF FINAL PLAT:
If the city suspends final plat approval for any subdivision plat under these regulations, the city shall record a document with the county recorder's office declaring that final approval for the subdivision is suspended and that the further sale, lease or development of property within the subdivision is prohibited; except, that this prohibition shall not apply to persons or parties who have acquired and recorded a sale and purchase of property from the subdivider prior to suspension, unless the person or party acquiring property from the subdivider meets the definition of "common ownership", as defined in section 11-2-1 of this title. If any court of competent jurisdiction invalidates final plat approval for any subdivision, the city shall record a document with the county recorder's office declaring that the final plat for the subdivision is no longer valid and that further subdivision activity is prohibited. (Ord. 2007-05, 5-16-2007)
Footnotes
Footnote 1: See also subsection 11-5-1F of this title.
Footnote 2: See section 8-5-13 of this code for landscaping plan requirements.