Chapter 12. Subdivision
12.1 General Provisions
12.1.1 Title
These regulations shall hereafter be known, cited and referred to as the Subdivision Regulations of Rockville, Utah or Chapter 12 of the Land Use Code of the Town of Rockville.
12.1.2 Policy
12.1.2.1 Control and Jurisdiction
It is hereby declared to be the policy of Rockville to consider the subdivision of land and the subsequent development of the subdivided plat pursuant to the official General Plan of Rockville for orderly, planned, efficient, and economical development.
12.1.2.2 Public Services and Health, Safety and Welfare
Protection
Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, landslide, subsidence, geologic and natural hazards, or other menace, and land shall not be subdivided and developed until available public facilities and improvements exist and proper provision has been made for drainage, water, sewage, and capital improvements such as schools, parks and recreation facilities, streets and transportation facilities, and related improvements. If necessary and required public facilities, infrastructure and safety protections are not in place or can not be provided for, the subdivision and/or development will not be allowed.
12.1.2.3 Conformance with Town Plans and Standards
The existing and proposed public improvements shall conform and be properly related to the proposals shown in the General Plan, Official Zoning Map, and the capital budget and infrastructure improvement program of Rockville, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in the currently adopted Uniform Building and Housing Codes, the Land Use Code, General Plan, Official Zoning Map, and capital budget and infrastructure improvement program(s) of the Town of Rockville as they may be adopted.
12.1.3 Purpose
The purpose of this chapter is to promote the health, safety and general welfare of the community by ensuring that community growth and development occurs in an orderly, well-considered manner that is consistent with the goals of the General Plan by:
A.
Establishing requirements and procedures which ensure that new growth
to will preserve the high quality of community environment; protect
property values; and encourage development that blends in with Rockville’s
agricultural character, historic flavor and natural, scenic beauty being
especially mindful of Rockville’s responsibility and desires to remain an
attractive and tasteful entry community to Zion National Park. The Town
prohibits “gated communities” and development that proposes to be
“cookie-cutter” in appearance.
B. Providing policies, procedures, requirements and standards for the physical development of subdivisions of land, construction of buildings and improvements within the town, including, but not limited to, the construction and installation of roads, streets, curbs, gutters, drainage systems, water and sewer systems, dedication of land and streets, granting easements or rights of way and to establish fees and other charges for the authorizing of a subdivision.
12.1.4 Scope of Chapter
A. Applicability: No person shall subdivide any parcel of land which is located wholly or in part in the town except in compliance with this chapter. This chapter shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date hereof, except as provided in subsection B of this section.
B. Approval to Subdivide Required: The boundaries of any lot shall not be altered in any manner so as to create more lots than initially recorded, or any nonconforming lot, without first obtaining the approval of the town council.
C. Compliance Prior to Occupancy: There shall be no human occupancy of any building until the improvements have been accepted by the town and the building and lot fully comply with the provisions of this title.
12.1.5 Amendments to Subdivision Chapter
Amendments to this chapter shall comply with the requirements of Utah Code Annotated as it applies to amendments to subdivision regulations.
12.1.6 Supplementary Definitions
Words used in this chapter but not defined herein shall have the meaning as defined in any other ordinance adopted by the town council.
CUT: Land surface which is reshaped by man or machine through the removal of soil, rock or other materials.
EXCAVATION: Any disturbance to the ground, including, but not limited to, clearing, grubbing, rock removal, cutting, tunneling, drilling or any other activity which alters the natural ground.
FILL: A deposit of earth material by hand or mechanical means.
FINAL PLAT: A map or chart of a land division with accompanying supplementary documents, which has been accurately surveyed, and such survey marked on the ground so that streets, alleys, blocks, lots and other divisions thereof can be identified.
GRADING: Any excavating or filling, or combination thereof.
GRADING PLANS: A topographic development plan prepared by a registered civil engineer showing existing and proposed contours before and after grading of a site.
OFF-SITE CONSTRUCTION: Any construction related to a subdivision which is not within the platted subdivision.
OFF-SITE FACILITIES: Facilities outside of the boundaries of the subdivision which are designed or located to serve the needs of the subdivision or adjacent properties; usually lying between a development and existing facilities.
ON-SITE FACILITIES: Facilities installed within, under or upon the public streets, or rights of way, within or on the perimeter of the subdivision or development site.
PERSON: A firm, association, organization, partnership, company or corporation, or any legal entity entitled to own property, as well as an individual.
PRELIMINARY PLAT: A map or chart of a proposed land division with accompanying supplementary documents which has been prepared in accordance with regulations herein prescribed.
RESUBDIVISION: The changing of any existing lot or lots of any subdivision plat previously recorded in the records of the county recorder.
SOIL ENGINEER: A civil engineer currently registered in the state of Utah with professional training and experience in soil engineering.
STREET RIGHT OF WAY: That portion of land dedicated to public use for street and utility purposes.
STREETS:
Arterial Street: A street, existing or proposed, which serves or is intended to serve more than fifty (50) residential dwelling units or will service a commercial district with more than four (4) businesses.
Collector Street: A street, existing or proposed, which serves or is intended to serve up to fifty (50) residential dwelling units or will service up to four (4) commercial businesses. Any street which intersects SR-9 in two (2) or more locations.
Local Street: A street, existing or proposed, which serves or is intended to serve up to twenty five (25) residential dwelling units.
Minor Street: A street, existing or proposed, which serves or is intended to serve up to ten (10) residential dwelling units.
SUBDIVIDER: Any person, developer, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or others.
SUBDIVISION: Any land that is divided, re-subdivided, or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development either on the installment plan or upon any and all other plans, terms and conditions. "Subdivision" includes:
A. The division or development of land whether by deed, metes and bounds description, devise and testacy, lease, map, plat or other recorded instrument; and
B. Divisions of land for all residential and nonresidential uses, including land used or to be used for commercial, agricultural and industrial purposes.
SUBSURFACE DRAINAGE: Any system of pipes, canals, ditches, moats, etc., that intercept the ground water and carry it to the Virgin River or other body of water.
SURFACE DRAINAGE: That amount of water runoff caused as a result of precipitation or irrigation.
VICINITY PLAN: A map or drawing to scale showing the physical relationship of the proposed development to existing or proposed streets, buildings and utilities; other relevant information such as special terrain or surface drainage; and existing zoning classification of all land within three hundred feet (300') of the property proposed for development.
ZONE CLEARANCE: Assurance must be given in writing by the director of community development that a proposed activity is in compliance with existing zoning regulations. This determination shall be made by the planning commission.
12.1.7 Approval Required:
It shall be unlawful for any person to subdivide any tract of land within the municipal limits of the town, where the said transaction would result in the "subdivision" of land, as herein defined, nor shall any person offer for recording any deed conveying a parcel of land or any interest therein which would amount to a "subdivision", as herein defined, unless he shall first make or cause to have made a plat thereof, which plat must receive final approval by the town council and recorded in the office of the county recorder before such sale or exchange or purchase is effected. The approval of the final plat shall be obtained by complying with all applicable requirements of this title and all other applicable laws and regulations.
12.1.8 Classification of Subdivision:
A. Subdivision, Major: All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, infrastructure, or the creation of any new public improvements.
B. Subdivision, Minor: Any subdivision containing not more than three (3) lots fronting on an existing public or private street of adequate capacity, not involving any new street or road, or the extension of town infrastructure or facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property(s), and not in conflict with any provision or portion of the Town General Plan, Land Use Map, Official Zoning Map, or these codes and regulations. A minor subdivision must also not require a zone change or re-zone to be subdivided. The subdivider must agree to be bound by the current version of this Code and the Town General Plan and the property must not contain sensitive lands or lie under the Sensitive Lands Overlay Zone
12.1.9 Pre-Application:
The purpose of the pre-application is to give the applicant an opportunity to present a subdivision plan to the planning commission to get initial feedback and direction with regard to ordinance compliance. The following steps or procedures shall be followed to initiate the subdivision process. The subdivider may submit a complete preliminary plat application, combining the pre-application process with the preliminary plat process.
A. Vicinity Plan: Subdivider shall prepare a vicinity plan and submit three (3) copies to the Town. The vicinity plan shall show a simple sketch of the proposed layout of streets, lots and other features, including existing utilities and watercourses in relation to the existing and planned streets within one-fourth (1/4) mile of the subdivision. The plan shall be prepared at a scale of not smaller than one inch equals two hundred feet (1” = 200’).
B. Review by Planning Commission: The planning commission shall review the pre-application at a regularly scheduled meeting. The planning commission shall advise the subdivider within thirty (30) days after the review of possible problems and areas where the proposed subdivision does not comply with ordinances of the town.
12.1.10 Preliminary Plat
A preliminary plat shall be furnished for all proposed land divisions. For any subdivision of three (3) or fewer lots, the subdivider may prepare and submit final plat requirements concurrently with the preliminary plat for approval.
A. Application; Contents: Subdivision applications shall include all the items below. For subdivisions which divide a parcel of land into three (3) or fewer lots, the Town may modify certain application requirements of this section, with planning commission approval, if they are not pertinent to the development or are unnecessary for evaluation of the safety of the development, by waiving such in writing.
1) Completed Application: Completed preliminary plat application.
2) Feasibility Study: The subdivider shall be required to show the feasibility of the proposed water, sewage and electrical systems necessary to meet the requirements of this chapter, the local health officer and the state division of environmental health as indicated by letters of feasibility from such health officers.
3) Summary Statement: Summary statement containing the following:
a) Total area within the subdivision showing all phases;
b) Total area of each lot;
c) Total number of proposed dwelling units;
d) Estimated maximum drainage flow (100-year storm) through any natural courses lying within the area to be subdivided expressed in cubic feet per minute.
4) Scaled Drawing: A plan showing the proposed subdivision layout drawn at a scale of one inch equals fifty feet (1" = 50'), which shall show:
a) North point, scale and date.
b) The names and addresses of the subdivider, the engineer and/or surveyor of the subdivision, and the owners of the land within three hundred feet (300') of the boundaries of the land to be subdivided.
c) Proposed name of the subdivision, if applicable.
d) The location of the subdivision as forming a part of the larger tract or parcel where the plan submitted covers only a part of the subdivider's tract and a vicinity sketch.
e) The boundary lines of the tract to be subdivided in heavy lines with reference to survey markers or monuments.
f) The location, width and other dimensions of the existing or platted streets and/or easements, and buildings within the tract.
g) The location, width and other dimensions of the proposed streets, lots, alleys, easements, parks and other open spaces with proper labeling of spaces to be dedicated to the public.
h) Existing sanitary sewers, storm drains, water supply mains, easements and irrigation ditches and other waterways within the tract and within one hundred feet (100') of the boundary of the proposed subdivision.
i) The boundary lines of the 100-year flood plain boundary as defined by the most current Washington County Flood Plain Map.
5) Preliminary Engineer Drawings: Preliminary engineering drawings, including typical cross sections, and plans and/or written statements regarding width and type of proposed off-site and on-site water mains, sanitary sewers, drainage facilities and other proposed improvements such as sidewalks, curbs and gutters, parks and fire hydrants. The proposed location of all of the aforementioned improvements, if such improvements are required, must be shown on the preliminary plat.
6) Contour Map: A contour map tied to an identified USGS benchmark which has contour intervals of two feet (2') to four feet (4') for areas of less than ten percent (10%) slope, and contour intervals of five feet (5') to ten feet (10') for areas of ten percent (10%) or greater slope, unless otherwise required by the planning commission.
7) Earth Moving Plan: Any subdivision shall submit an earth moving plan prepared by a licensed professional civil engineer. The plan shall include the following:
a) Existing and proposed contours and cross sections. Property contours shall be shown at five foot (5') intervals and show the topography of the existing boundary lines of the site, or sufficient to show on- and off-site drainage. The slope of proposed cuts and fills shall be shown on the grading plan. Any cut or fill which measures more than four feet (4'), measured vertically from the finished grade to the intersection of the slope with the natural undisturbed ground, requires special approval by the planning commission. All cut and fill areas are subject to incorporating retaining, landscaping or other techniques approved by the town engineer and planning commission for the purpose of stabilizing.
b) Special notes and details of the existing terrain shall be noted on the required topographic information.
c) The dimensions, elevations and contours of any proposed earth moving shall be shown.
d) A description shall be included of the methods to be employed in disposing of soil and other material removed, including the location of the disposal site.
e) A schedule shall be included showing when each stage of the project will be completed.
8) Drainage Study: A drainage study and report shall be prepared by a licensed professional civil engineer, paid by the applicant, and shall be submitted with each application. The design of the drainage control system shall be based upon the following criteria:
a) All drainage systems shall be separate and independent from the sanitary sewer system.
b) Property development shall not cause a natural drainage channel to be filled in, obstructed or diverted. Any modification to a natural drainage channel must be approved by the planning commission and the town engineer. Such proposal must be addressed in the drainage study and shown on improvement plans, and the developer may be required to dedicate right of way or record drainage easements for structures and/or improvements needed to carry storm runoff in the event approval is given for the proposed modifications.
c) The point of location where the natural drainage channel enters and leaves the subdivision property may not be changed.
d) No increase of water flows or volume will be permitted on downstream property owners. The effect of development shall be considered in the drainage design.
e) The developer shall provide the necessary means to assure drainage within the property being developed by making use of natural washes and constructing necessary drainage controls. The planning commission and town engineer shall review and approve any drainage control design.
f) It shall be required that each new development handle its storm water runoff in such manner that no net increase in storm runoff above the natural state will occur on the downstream properties or significantly alter the natural flow of drainage within the development. The pre-project flows must not be exceeded by the post-project flows.
g) Curb and gutter street design is discouraged except as provided in 12.3.4. Such street design aggravates natural drainage and introduces the need for extensive storm drainage infrastructure. Drainage plan should accommodate street design without curb and gutter.
h) The storm water from a 100-year frequency storm shall be utilized when determining drainage design.
i) Drainage plans must be consistent with all other reports (for example, geotechnical, soils, landscaping, etc.).
j) Necessary measures shall be taken to prevent erosion and scour at all points throughout the development. It shall be mitigated at all points of discharge and at the face of any cut or fill slope throughout the development.
9) Vegetation Plan: A vegetation plan showing the location of existing vegetation, the location of vegetation proposed to be removed, and a re-vegetation proposal for those areas which will have raw soil exposed at the termination of construction and/or grading as a direct result of such grading.
10) Proof Of Interest, Permission: Sufficient documentation to show the subdivider has a vested interest in the subject property or has the owner's permission to subdivide must be presented with preliminary application.
11) Irrigation Clearance: For all subdivisions proposed through which an irrigation ditch, canal or other such waterway passes, the subdivider will need to obtain a letter of agreement from the owner of said ditch, canal or other waterway specifying any required improvements or possible relocation.
12) Other: Any additional reports which are required by the associated zone.
13) Traffic Study: If deemed necessary by the planning commission or the town engineer, the developer shall submit a traffic study prepared by a licensed engineer qualified in the area of traffic and circulation. Such study will incorporate safety issues for pedestrian, bicycle and vehicular traffic, as applicable.
14) Measure to Protect Ecology: All subdivisions within the sensitive lands overlay zone, because the area is geologically, topographically or historically unique or sensitive, must address the following issues. A report must be submitted describing the mitigating measures that will be taken with respect to subsections A14a through A14e of this section:
a) Control of erosion within the subdivided area, and any measures taken as necessary due to impact by the development of the subdivision, to control erosion outside the boundaries of the subdivision;
b) Reseeding of cuts and fills;
c) Prevention of fire and control of dust;
d) Prevention of the accumulation of weeds and debris outside the boundaries of the subdivision due to impacts of the development of the subdivision;
e) Prevention of destruction of vegetation outside the boundaries of the subdivision due to impacts of the development of the subdivision.
15) Disposal Of Flood Water, Surface Water: Disposal of surface water and disposition of flood hazards so as to protect lands located outside the boundaries of the subdivision due to impacts of the development of the subdivision.
B. Review by Town Officials: The planning commission, in conjunction with the town engineer, the fire marshal, and others as deemed appropriate, shall review the preliminary plat.
C. Hearing, Recommendation by Planning Commission: At a public hearing scheduled and noticed as per Chapter 1 of this Code, the planning commission shall recommend to the town council to approve, disapprove or approve with modifications the preliminary plat. A written report shall be forwarded to the town council recording the planning commission findings.
D. Variances: Where unusual topographic or other exceptional conditions exist, the board of adjustment may vary the requirements of this chapter.
E. Hearing, Decision Of Town Council; Expiration Of Approval: At a public hearing scheduled and noticed per Chapter 1 of this Code, the town council shall approve, disapprove or approve with modifications the preliminary plat. If the final subdivision plat approval is not granted within twelve (12) months from the date the preliminary plat approval was granted, the preliminary plat approval shall expire unless the project has been diligently pursued toward completion and there has been substantial completion of improvements for the project, or unless within that twelve (12) month time span the subdivider applies for and receives from the planning commission an extension of his preliminary plat for an additional year.
"Substantial completion" as referenced in this section shall be defined as the completion of any of the planned infrastructure or capital improvements for the subdivision. An extension request shall be granted by the planning commission as long as the application is timely made, there are no changes to the plat and no subdivision improvements have been made. Any extension request, under this provision, will subject the preliminary plat to further review by the planning commission recognizing and considering any applicable zoning changes that have occurred since the original plat approval. If there are changes to the plat, they will need to be approved by both the planning commission and the town council. No fee shall be charged for an extension request unless changes have been made to the plat, in which case the fee shall be as established from time to time by the town council. A subdivider may continue to extend his preliminary plat approval each year as described in this section for a maximum of three (3) years. If the final subdivision plat is not approved by the conclusion of the third year, the preliminary plat approval will lapse. Where a subdivider has substantially completed improvements in the project, his preliminary plat shall expire no later than five (5) years from the date such improvements were made.
If a subdivider fails to submit an extension application within the time limit and has not substantially completed improvements on the project, he may make a one time request to the town for consideration of an extension of his preliminary plat by the planning commission. The planning commission will make a recommendation to the town council to approve or reject the request. Upon the recommendation of the planning commission, the town council may choose to approve or reject the recommendation of the planning commission. If the town council chooses to deny the application for an extension, the preliminary plat approval will be deemed to have lapsed. After expiration of the preliminary plat approval, a subdivider is required to make a complete resubmittal.
12.1.11 Final Plat
The subdivider shall prepare and submit a final plat, together with a completed application, the required fees, and either a policy of title insurance or a preliminary title report showing proof of ownership or right to title, and to allow effective dedication of streets and easements within the subdivision without boundary exceptions. Fees shall be paid to the town clerk. Subdivision plats must be filed with the town clerk.
A. Preparation of Plat: A final plat shall be prepared for all subdivisions. Said plat shall be drawn on a sheet of vellum or mylar having outside or trim line dimensions of twenty four inches by thirty six inches (24" x 36"). The border line of the plat shall be drawn in heavy lines, leaving a margin of at least one and one-half inches (1 1/2") on the left-hand side of the sheet for binding, and at least one-half inch (1/2") on the other three (3) sides of the sheet. The plat shall be so drawn that the top of the sheet faces either north or east, whichever accommodates the drawing better. All lines, dimensions and markings shall be made on the tracing linen with waterproof black ink. The actual map shall be made with a minimum scale of one inch equals fifty feet (1" = 50'). Details and the workmanship on finished drawings shall be clear and readable. A poorly drawn, incomplete or illegible plat is sufficient cause for rejection.
B. Number Submitted: The subdivider shall also furnish the town with one permanently reproducible copy and six (6) prints of the final plat when submitting the tracing.
C. Final Plat Application: A final plat shall be furnished for all proposed land divisions and shall include all the items below. For proposed subdivisions which divide a parcel of land into three (3) or less lots, the planning commission may modify certain application requirements of this section. If they are not pertinent to the development or are unnecessary for the evaluation of the safety of the development, the planning commission may waive such application requirements in writing.
1) Completed Application: Completed final plat application.
2) Subdivision Name, Location: Subdivision name, if applicable, and the general location of the subdivision.
3) Map Legend: A north point, scale and date.
4) Bearing, Monuments: Accurately drawn boundaries showing the proper bearings and division, properly tied to public survey monuments. These lines should be heavier than street and lot lines to clearly define said subdivision boundaries.
5) Center Lines Established: The names, width, lengths, bearings and curve data on center lines of proposed public streets, alleys or easements; also the boundaries, bearings and dimensions of all portions within the subdivision, as intended to be dedicated to the use of the public; the lines, dimensions, bearings and numbers of all lots, blocks and parks reserved for any reason within the subdivision. All lots and blocks are to be numbered consecutively under a definite system. All proposed streets shall be named in accordance and in conformity with the street naming system of the town.
6) Watercourses: The location of existing watercourses.
7) Official Monuments: The description and locations of all monuments set and established by the county or the United States government that are adjacent or near proposed subdivision.
8) Certified Information: The typical forms acceptable to the planning commission lettered for the following:
a) Description of land to be included in subdivision;
b) Registered professional engineer and/or land surveyor's certificate of survey;
c) Owner's dedication;
d) Notary public's acknowledgment;
e) Town engineer's certificate of approval;
f) Planning commission chairman and the mayor's signatures on final plat, attested by the town clerk;
g) Town attorney's certificate of approval.
9) Conformance With Preliminary Plat: The final plat must conform to the preliminary plat as approved or as approved with modifications, except where modifications are: a) a necessary result of significant changes in conditions beyond the control of the subdivider; or b) the final plat includes a significant public amenity such as a pedestrian or river parkway or scenic or open space easement not previously included in the preliminary plat.
10) Improvements: The final plat shall include an overall improvements drawing to be submitted with the final plat showing the location of the following:
a) All sewer mains and manholes;
b) All water mains, valves and fire hydrants;
c) All culinary water lines and pressurized irrigation lines, ditches, canals and other waterways, along with any required improvements;
d) The location of all curb, gutter, sidewalk and other street improvements to be constructed as required by this chapter;
e) All fences, barriers or landscaping as required by the planning commission;
f) All special improvements required by the planning commission as conditions of subdivision approval;
g) Location of all street name signs as required by the town engineer;
h) The location of any dedicated open space and a draft of the open space agreement.
11) Water, Sewer Design: Drawings showing layout, profile and detailed design for sewer line, water lines and storm drains.
12) Profile, Cross Section Drawings: Plan profile and typical cross section drawings of all streets, bridges, culverts and other drainage structures and any additional requirements deemed necessary by the town engineer.
13) Grading, Drainage Plan: Final grading and drainage plan, indicating the finished grade by solid line contours superimposed on dashed line contours indicating the existing topography for the area of the final plat. Such contours shall be at least two foot (2') intervals for predominant ground slope within the tract between level and five percent (5%) grade, and five foot (5') intervals for predominant ground slopes with the tract over five percent (5%) grade.
14) Vegetation Plan: Vegetation plan, if required as part of the preliminary plat, showing existing vegetation to remain and the size, type and location of vegetation to be replaced.
15) Erosion Control: Erosion control plan when required by the town engineer as a result of preliminary plat review.
16) Conservation, Open Space Agreement: Final draft of any required conservation easement or open space agreement, as approved by the town council in conjunction with the town attorney.
D. Review By Planning Commission, Hearing: The planning commission, in conjunction with the town engineer and others as deemed appropriate, shall review the final plat at a public hearing scheduled and noticed according to Chapter 1 of this Code. In any subdivision contiguous to property owned by a municipality, public service district, state or state agency, federal government or federal agency or other public entity, such entity shall be notified in writing by the subdivider of the proposed subdivision and shall be invited to review the final plat. A copy of the written notice to the public entity shall be filed with the planning commission. If the final plat conforms to the preliminary plat as approved or approved with modifications, the planning commission shall recommend to the town council that they grant final approval. If the final plat differs from the approved preliminary plat, the planning commission may recommend to the town council approval, disapproval or approval with modifications of the final plat, as necessary to make the final plat conform to applicable town ordinances. A written report shall be forwarded to the town council recording the planning commission findings.
E. Review by Town Council, Hearing: At a public hearing scheduled and noticed per Chapter 1 of this code, the town council shall review the final plat after the planning commission has completed its review and provided a report to the town council. The town council shall consider the planning commission report. The town council shall approve the final plat if it conforms to the preliminary plat as approved or approved with modifications. If the final plat differs from the approved preliminary plat, the town council may approve, disapprove or approve with modifications of the final plat, as necessary to make the final plat conform to applicable town ordinances.
F. Final Decision; Signatures Required: The chairman of the planning commission and the mayor shall both sign the final plat, noting the final decision of the town council.
G. Town Attorney Approval; Conditions: The town attorney shall approve the final plat of a Major Subdivision if he finds that:
1) There is a current title opinion from a licensed title company showing that the person dedicating the property described on the final plat is the title owner as shown on the records of the county recorder's office.
2) The performance bond, escrow deposit, letter of credit or trust deed with the town is in appropriate form and signed by the necessary parties.
3) That the subdivider has executed the subdivision improvements agreement required by this chapter.
4) That the subdivision does not, in his or her opinion, violate any ordinance of the town or the laws of the state or the rules and regulations promulgated pursuant thereto.
H Recording: After the map or plat has been duly certified and approved by the town council, mayor, town engineer, town clerk and town attorney, the town attorney shall file and record the approved final plat in the office of the county recorder. Such recording shall be completed in a timely manner from the date of the final inspection.
I) Phasing Of Plats: The final platting of subdivisions may be done in phases. Each phase shall consist of the number of lots which can be completely developed with off-site improvements within a twelve (12) month period. If the roads and utilities are not established within twelve (12) months, the plat shall be considered null and void and subject to reapplication by the subdivider unless an extension has been approved as provided for in 12.3.6.D.
12.1.12 General Standards
A. Preservation In Design, Development: The design and development of subdivisions shall preserve, insofar as it is possible, the natural terrain, natural drainage, existing topsoil, trees and vegetation. Land which is subject to hazardous conditions such as landslides, mud flows, rock falls, ground subsidence, shallow water table, open quarries, floods and polluted water supply shall be identified and evaluated by a certified engineer.
B. Control Of Water, Storm Runoff: During grading or construction on any property, including off-site construction, the developer shall control both water used for construction and storm runoff in such a manner as to not affect any adjoining properties, nor add silt or debris to any existing storm drain, wash, channel or roadway.
12.1.13 Lot Standards
A. Building Sites: The lot arrangement, design and shape shall be such that lots will provide a compact body of land for buildings and be properly related to topography and conform to requirements set forth herein.
B. Lot Sizes:
1) All lots shown on the subdivision shall conform to the minimum requirements of this title, for the zone in which the subdivision is located, unless otherwise approved as a planned development provided for under the planned development overlay zone under Chapter 13 of the Rockville Land Use Code.
2) Sewage disposal systems shall be by approved means.
C. Frontage On Public Streets: Each lot shall abut on a street dedicated by the subdivision plat or an existing publicly dedicated street which is at least twenty four feet (24') wide.
D. Corner Lots: Corner lots shall have dimensions sufficient for the maintenance of required building setback lines on both streets, along with sufficient area to comply with area requirements of this title.
E. Parts of Lots: All remnants for lots below minimum size, left over after subdividing a larger tract, must be attached to adjacent lots or permanently dedicated for public or common use, and evidence of such attachment or dedication submitted prior to the approval of the final plat. All lots designated within a subdivision must meet the minimum standards of the zone within which they are located, unless approved as a planned development overlay zone under Chapter 13 of the Rockville Land Use Code.
12.1.14 Fees
Subdivider shall be required to pay all application and subdivision related fees as determined by a town resolution. In addition, the subdivider shall reimburse the town for all attorney and engineer costs related to the subdivision platting, recording and inspection of subdivision improvements.
12.1.15 Compliance with Final Plat
Every approved subdivision shall be constructed, developed or otherwise completed according to the provisions of this title, in conformance to the approved final plat and supplementary documents pertaining to such subdivision. It shall be the responsibility of the subdivider to ensure that such provisions are correctly constructed, installed or otherwise completed. Failure to comply with this provision shall constitute grounds for immediate termination of all work activity associated with such subdivision. Before resumption of work activity, the subdivider shall agree, in writing, to reconstruct, at his cost, those items not in conformance with the provisions of the title before the release of the security guaranteeing improvements.
12.1.16 Vacating or Changing a Plat
All vacations, amendments or changes to a subdivision plat, including change of the name of a recorded subdivision, or any adjustment of lot lines between adjacent properties, shall occur in the following manner:
A. Procedure To Vacate Or Change A Plat:
1) The town council may, with or without a petition, or on its own initiative or on the initiative of any other town official or body, consider any proposed vacation, alteration or amendment of a subdivision plat, any portion of a subdivision plat, or any street, lot or alley contained in a subdivision plat at a public hearing.
2) Any fee owner, as shown on the last county assessment rolls, of land within the subdivision that has been laid out and platted as provided in this chapter may, in writing, petition the town council to have the plat, any portion of it, or any street or lot contained in it, vacated, altered or amended as provided in this section. In such case, the petitioner shall pay the cost of the notice required by this section.
3) A petition to vacate, alter or amend an entire plat, a portion of a plat, or a street or lot contained in a plat, shall include:
a) Completed plat drawings;
b) Name and address of all owners of record of the land contained in the entire plat;
c) Name and address of all owners of record of land adjacent to any street that is proposed to be vacated, altered or amended; and
d) The signature of each of these owners who consents to the petition.
4) Before the town council may consider a proposed vacation, alteration or amendment of a subdivision plat, the same shall be referred by the town council to the planning commission for its recommendation, which referral shall be given within thirty (30) days after the plat change proposal is received by the town council. Although it may choose to do so in its discretion, the planning commission is not required to give notice of and hold a public hearing on the proposed plat amendment, but must give its recommendation on the same to the town council within thirty (30) days after the proposed vacation, alteration or amendment is referred to it. Within forty five (45) days after the town council receives its recommendation from the planning commission it shall give notice of its public hearing on the proposed vacation, alteration or amendment.
B. Notice of Town Council Hearing for Plat Change:
1) The town council shall give notice of the date, place and time of its public hearing to all landowners who must receive such notice to consider any proposed vacation, alteration or amendment of a plat. The notice shall include a statement that anyone objecting to the proposed plat change must file a written objection to the change within ten (10) days of the date of the notice, and a statement that if no written objections are received within that time, unless a public hearing is required as indicated elsewhere in this title, the town council in its discretion may determine not to hold the public hearing.
2) If the proposed change involves the vacation, alteration or amendment of a street, the town council shall give notice of the date, place and time of the hearing by:
a) Mailing notice as required in subsection B1 of this section; and
b) Publishing the notice once a week for four (4) consecutive weeks before the hearing in a newspaper of general circulation in the town.
C. Public Hearing:
1) A public hearing must be held on the proposed vacation, alteration or amendment of the plat if:
a) The proposed plat change includes the vacation of a public street or alley; or
b) Any property owner receiving notice of the proposed change notifies the town in writing within ten (10) days of the date of the notice of their objection to the change; or
c) A petition requesting a plat change has been filed but not all of the property owners in the subdivision have signed the revised plat; or
d) The town council or any other town official or body has proposed on its own initiative to amend the plat.
2) In all other cases, the town council in its discretion may determine not to hold the public hearing.
D. Grounds for Vacating or Changing a Plat:
1) Within thirty (30) days after the town council's public hearing, or where no public hearing before the town council was held, within forty (40) days after the date notice of the town council's public hearing was given to property owners, the town council at a regularly notified meeting shall decide whether to approve, approve with modifications, or deny the proposed vacation, alteration or amendment of the plat. In the case of a denial or partial denial of a proposed plat change, the town council shall issue written findings to describe its reasons for the denial or partial denial. In the case of such denial or partial denial, any party may resubmit the proposal for the plat change at any time, in which case the review process for a plat change as given in this section shall be repeated.
2) If the town council is satisfied that neither the public nor any person will be materially injured by the proposed vacation, alteration or amendment, and that there is good cause for the vacation, alteration or amendment, the town council may by ordinance, vacate, alter or amend the plat, any portion of the plat, or any street or lot.
3) The town council shall ensure that the newly approved plat is recorded with the county recorder.
12.1.17 Penalties
Any plat of a subdivision
filed or recorded without the approvals required by this title is void. Any
owner or agent of the owner of any land located in a "subdivision", as defined
in this chapter, who offers for sale or who transfers or sells any land in that
subdivision or any possessory interest therein before a final plat of the
subdivision has been approved and recorded as required in this chapter, is
guilty of a class C misdemeanor and subject to penalty as provided in
Chapter 1.29 of this code. A description by metes and bounds in the
instrument of transfer or other documents used in the process of selling or
transferring does not exempt the transaction from a violation or from the
penalties or remedies provided in this chapter
12.1.18 Review Fee
Each applicant for approval of a subdivision or planned development shall pay a review fee as shall be set by resolution of the town council to help defray the cost of the town of reviewing the plans and making a determination as to whether or not the proposed subdivision or planned development complies with all applicable ordinances. This review fee will not be refundable, whether or not the subdivision is approved.
12.2 Planned Developments
SEE CHAPTER 13 OF THIS LAND USE CODE.
12.3 Required Improvements
12.3.1 Purpose
A. The following regulations are established in order to: 1) provide for orderly development of improvements along streets and the extension of necessary public services while placing the burden of paying for such extension and improvements directly on the landowners who will benefit from the same; and 2) set other reasonable performance standards for development and maintenance of lands within the town.
B. It is the intent and purpose of this article to require that standard improvements are installed, at the expense of landowners, when developing single lots or parcels of land, or subdivisions or planned developments (PDs) with or without public streets, within the town. Such improvements shall be a condition of the issuance of a building permit for single lots or parcels of land, or preliminary and final plat approval for subdivisions and planned unit developments.
12.3.2 Applicability
The provisions of this article are required for the following:
A. All construction of new residential dwellings and any newly established use requiring a building permit; and
B. Subdivision and planned development (PD) approval.
12.3.3 Work to be Done by Engineer or Surveyor
All engineering work or surveying of property shall be done by or under direction of a licensed professional engineer or land surveyor currently registered in the state.
12.3.4 Required Improvements
The following improvements shall be the landowner's financial obligation:
A. Wastewater Disposal Systems:
1) All lots or parcels not within a subdivision or PD shall be serviced by an acceptable wastewater disposal system.
2) All lots or parcels within subdivisions and PDs shall be serviced by hook-up to an approved wastewater disposal system.
B. Surface Water Drainage Systems: All lots or parcels and subdivisions shall be serviced by an approved surface water drainage system.
1) Development of lots or parcels located along SR-9, or where otherwise called for in the official street plan, if such plan has been adopted, shall require concurrent installation of curb and gutter to specifications available from the town engineer. The town council may waive this requirement when topography or proximity to the town does not allow for or warrant the installation of curb and gutter.
2) Development of lots or parcels otherwise located shall require concurrent installation of an effective surface water drainage system as appropriate, which may include curb and gutter, culverts, drainage ditches, riprap or other improvements designed to: a) meet the needs of a specific lot or parcel of land; and b) to complement existing drainage systems in the area, as determined by the town council and/or the town engineer.
C. Culinary Water: All lots or parcels and subdivisions shall be serviced by an approved culinary water system. The installation of culinary water lines in subdivisions shall be installed as shown on the final plat. All lines shall be in compliance with town standards.
D. Sidewalks, Footpaths And Wheelchair Ramps: Single lots or parcels located along SR-9 and sidewalk corridors as identified on the official street plan, if adopted, shall be required to install sidewalks and, where appropriate, wheelchair access ramps, to the specifications by the town engineer. Wheelchair ramps, sidewalks or approved alternatives shall be installed as shown on the final plat and in compliance with town standards.
E. Frontage on Approved Street or Lane: All lots or parcels of property shall be an approved flag lot or shall be one of the following:
1) A dedicated street; or
2) A publicly approved street; or
3) A private street, lane or private road.
G. Street Surfacing:
1) Single Lots or Parcels: Landowners of single lots or parcels shall be responsible for extending streets or lanes to their property line to meet the requirements of the Town. Such streets or lanes shall be surfaced to standards specified in the official street plan or, if such plan is not yet adopted, to standards available from the town engineer.
2) Subdivisions: The grading and surfacing of streets as shown on the final plat shall be in compliance with town standards, as approved by the town engineer.
H. Fire Protection: Subdividers and landowners, or their agents, shall be responsible for providing all fire protection requirements for their property as determined by the fire marshal.
I. Landscaping And Reseeding: The installation of landscaping, vegetation replacement and reseeding of all graded areas as shown on the final plat and as required by town ordinances.
J. Underground Utilities: The underground installation of electrical, telephone and cable television lines shall be done prior to road grading and surfacing.
K. Street Lighting: The installation of street lighting fixtures, in order to minimize light pollution and to protect nighttime vistas within the scenic canyon, shall have to pertain to public safety issues, be down directed and shielded, and shall be reviewed and approved by the planning commission.
L. Right to Farm – Refer to Chapter 7.
12.3.5 Improvement Agreement for Single Lots or Parcels
No building permit shall be issued until the developer has submitted a required improvement agreement codified herein and on file in the town office, agreeing to construct the required improvements provided for in this article. No agreement shall be necessary if all required improvements are in place.
12.3.6 Guarantee of Performance Required for Subdivisions
The planning commission shall not approve a final plat until the subdivider provides a guarantee assuring the completion of all required improvements as shown on the final plat. The purpose of the bond is to ensure construction of the required improvements within twelve (12) months from the date of the final approval without cost to the town. Said guarantee shall meet the following requirements:
A. Type and Amount of Guarantee: The performance bond required shall be fifteen percent (15%) in excess of the estimated cost of the required improvements. The subdivider shall furnish an estimate of the cost of constructing the required improvements under the direction of a registered engineer and this estimate will be reviewed and checked by the town engineer. If the amount is acceptable, a performance bond for that amount will be obtained by the developer. The performance bond shall consist of a written guarantee of a financial institution.
B. Duration: The duration of the surety bond shall be for twelve (12) months from the date of approval of the final plat or such lesser time as is required to complete the improvements.
C. Default: In the event the subdivider is in default or fails to or neglects to satisfactorily install the required improvements within one year from the date of approval of the final plat, or to pay all liens in connection therewith, the town council may declare the bond forfeited and the town may install or cause the required improvements to be installed, using the proceeds of the collection of the bond or other assurance to defray the expense thereof.
D. Extension: A surety bond may be extended prior to its lapse for one additional period of six (6) months; provided, that at least sixty (60) days prior to the expiration date, an application for its renewal is filed with the town. The applicant shall clearly demonstrate, to the satisfaction of the planning commission and town council, that in spite of good faith efforts of the applicant, circumstances beyond his control have prevented the timely pursuit of the project and completion of the necessary requirements within the original time frame. The planning commission shall hear such request at a regularly scheduled planning commission meeting and recommend to the town council approval, approval with conditions, or denial of the extension. The town council shall hear such request at the next regularly scheduled town council meeting considering the recommendation of the planning commission. The town council shall approve, approve with conditions, or deny the request within fifteen (15) days of the town council first reviewing the request.
E. Ongoing Inspections: The town engineer or his qualified designate shall perform ongoing inspections of the installation of underground utilities, trenching, base compaction for roads and sidewalks, and any other work which requires site inspection and review.
F. Final Inspection and Release: The subdivider shall be responsible for the quality of material, workmanship and condition of all improvements until final release is made by the planning commission. At the completion of the work, or not less than ten (10) days prior to the release date of the bond or other approved security, the town engineer shall make a preliminary inspection of the improvements and shall submit a report to the planning commission setting forth the conditions of such facilities. If all liens are paid and conditions thereof are found to be satisfactory, the planning commission may recommend to the town council that it approve the release of the bond less fifteen percent (15%) as provided hereafter. Lien waivers from all contractors shall be required in order to determine if the liens are paid. If the condition of materials or workmanship shows unusual deprecation or does not comply with standards of the town, or if any outstanding liens are not paid, the town council may declare the subdivider in default.
G. Latent Defects: The town shall retain in escrow, to draw interest for the benefit of the owner thereof, fifteen percent (15%) of the value of the guarantee for a period of one year to assure that any latent defects which appear during that period are repaired and are in compliance with town standards. If after one year all required improvements exhibit no signs of defect, the escrow account shall be relinquished to the owner. If defects appear during this period, the owner shall complete the necessary repairs to meet the standards required by the town engineer. At the completion of such repairs, the final inspection and release process above shall be required.
H. Permit Issuance, Sales During Default Prohibited: In the event the subdivider is found to be in default or fails to or neglects to satisfactorily install the required improvements, it shall be unlawful for any person to receive any further building permits or occupancy permits or to sell or offer to sell any lot within the subject subdivision until all improvements are installed and accepted by this town, or a formal extension is granted by the town council and a new agreement is signed.
12.3.7 Construction and Maintenance of Private Roads and Driveways by Town Prohibited
A. The town shall not open, grade, pave or perform any maintenance on any private or undedicated street or alley, and the town will refrain from laying utility lines in any street which has not:
1) Been accepted by the town as a public street or alley; and
2) Received the approval of the planning commission as part of a final plat of a subdivision, unless an easement is granted; or
3) Received the necessary recorded easement.
12.4 Self-imposed Restrictions
If the owner places restrictions on any of the land contained in the subdivision greater than those required by this Code or these regulations, such restrictions or reference thereto may be required to be indicated on the subdivision plat, or the Planning Commission may require that restrictive covenants be recorded with the County Recorder in a form to be approved by the town attorney.