CHAPTER
21
SUBDIVISION
REGULATIONS
(Amended 06-07)
21.1. General provisions.
21.2. Subdivision application procedure
21.3. Minor subdivisions
21.4.
Major subdivisions.
21.5.
Planned Unit Development Subdivisions.
21.6. Design Standards.
21.7. Financial assurance
21.8. Vacation, alteration, and amendment of subdivision
plats.
SECTION 1
GENERAL PROVISIONS
Section
21.1.1. Short title.
21.1.2. Purpose.
21.1.3. Authority.
21.1.4.
Definitions and applicability.
21.1.5.
Jurisdiction and penalties.
21.1.6. Creation of substandard lots prohibited.
21.1.7. Protection of land in an agriculture
protection area.
21.1.8. Notice of shooting range area.
21.1.9.
Definitions.
21.1.10. Plats required.
21.1.11. Agricultural Exemptions from plat requirements.
21.1.12. Applicability of regulations.
21.1.13. Site analysis map.
21.1.14. Definition of open space.
21.1.15. Open space requirements.
21.1.16. Open space networks configuration.
21.1.17. Open space and conservation areas.
21.1.18. Primary conservation areas.
21.1.19. Value of primary conservation areas.
21.1.20. Secondary conservation areas.
21.1.21. Ownership and management of open space.
21.1.22. Prohibited uses of open space.
21.1.23. Requirements for conservation easements.
21.1.24. Notice of disclosure.
21.1.25. Conservation subdivisions, open space and
density.
21.1.1.
Short title.
This Chapter shall
be known and may be cited as the Grantsville City Subdivision Ordinance.
21.1.2.
Purpose.
(1) This Chapter is
established to promote the health, safety and welfare of residents of
Grantsville City and to provide for the orderly subdivision of land located
within Grantsville City, Utah.
(2) The purpose of
the Subdivision Ordinance is to provide policies, standards, requirements, and
procedures to regulate and control the design and improvement of all
subdivisions; ensure that all proposed subdivisions are consistent with the
General Plan and applicable specific plans; and to ensure that land is
subdivided in a manner that will promote public health, safety, convenience,
general welfare and the physical, social and economic development of the area.
(3) It is the purpose and intent of Grantsville
City to preserve open space within residential developments; provide
flexibility to allow for creativity in developments; minimize the environmental
and visual impacts of new development on critical natural resources and
historically and culturally significant sites and structures; provide an
interconnected network of permanent open space; encourage a more efficient form
of development that consumes less open land and conforms to existing topography
and natural features; reduce erosion and sedimentation by minimizing land
disturbance and removal of vegetation; enhance the community character; permit
clustering of houses and structures which will reduce the amount of infrastructure,
including paved surfaces and utility lines; encourage street design that
controls traffic speeds and creates street inter-connectivity; and promote
construction of convenient and accessible walking trails and bike paths both
within a subdivision and connected to neighboring communities, businesses and
facilities to reduce reliance on automobiles.
21.1.3. Authority.
This Chapter is
enacted and authorized under the provisions of Title 10, Chapter 9a, et seq.
Utah Code Annotated, 1953, as amended.
21.1.4. Definitions and
applicability.
For the purposes of
this Chapter all terms shall have the same definition as provided by
§10-9a-103, Utah Code Annotated, 1953, as amended.
21.1.5. Jurisdiction and
penalties.
(1) (a) An owner of
any land located in a subdivision who transfers or sells any land in that
subdivision before a plat of the subdivision has been
approved and recorded violates this chapter for each lot or parcel transferred
or sold.
(b)
The description by metes and bounds in an
instrument of transfer or other documents used in the process of selling
or transferring does not exempt the transaction from being a violation of
Subsection (1)(a) or from the penalties or remedies provided in this chapter.
(c) Notwithstanding
any other provision of this chapter, the recording of an instrument of transfer
or other document used in the process of selling or transferring real property
that violates this part:
(i) does not affect the validity of
the instrument or other document; and
(ii) does not affect whether the property that is the subject of
the instrument or other document complies with applicable city ordinances on
land use and development.
(2) (a) The city may bring an action against an owner to require
the property to conform to the provisions of this chapter.
(b) An action under
this Subsection (2) may include an injunction, abatement, merger of title, or
any other appropriate action or proceeding to prevent, enjoin, or abate the
violation.
(c) The city need only
establish the violation to obtain the injunction. (Ref UCA §10-9a-611)
21.1.6. Creation of
substandard lots prohibited.
No lot shall be
created that does not conform to the requirements of this code and the zoning
district in which it is located.
21.1.7. Protection of land
in an agriculture protection area.
For any subdivision
located in whole or in part within 300 feet of the boundary of an agriculture
protection area, the owner of the subdivision shall provide notice on any plat
filed with the county recorder the following notice:
Agriculture
Protection Area
This property is located in the vicinity of an established
agriculture protection area in which normal agricultural uses and activities
have been afforded the highest priority use status. It can be anticipated that such agricultural
uses and activities may now or in the future be conducted on property included
in the agriculture protection area. The
use and enjoyment of this property is expressly conditioned on acceptance of
any annoyance or inconvenience which may result from such normal agricultural
uses and activities. (Ref UCA §17-41-403)
21.1.8.
Notice of shooting range area.
For any new
subdivision development located in whole or in part within 1,000 feet of the
boundary of any shooting range that was established, constructed or operated
prior to the development of the subdivision, the owner of the development shall
provide on any plat filed with the county recorder the following notice:
Shooting Range Area
This property is located in the vicinity of an established
shooting range. It can be anticipated
that customary uses and activities at this shooting range will be conducted now
and in the future. The use and enjoyment
of this property is expressly conditioned on acceptance of any annoyance or
inconvenience which may result from these uses and activities. (Reference UCA
§47-3-3)
21.1.9.
Definitions.
As used in this chapter:
"Culinary water
authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water
system and sources for the subject property.
"Lot line
adjustment" means the relocation of the property boundary line in a
subdivision between two adjoining lots with the consent of the owners of
record.
"Person"
means an individual, corporation, partnership, organization, association,
trust, governmental agency, or any other legal entity.
"Plat"
means a map or other graphical representation of lands being laid out and
prepared in accordance with Section 10-9a-603, 17-23-17, or 57-8-13.
"Record of
survey map" means a map of a survey of land prepared in accordance with
Section 17-23-17.
"Sanitary sewer
authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of sanitary sewer services
or onsite wastewater systems.
"Special
district" means an entity established under the authority of Title 17A,
Special Districts, and any other governmental or quasi-governmental entity that
is not a county, municipality, school district, or unit of the state.
"Specified
public utility" means an electrical corporation, gas
corporation, telephone corporation, franchise or other quasi-public
utility as those terms are defined in Section 54-2-1.
"Street"
means a public right-of-way, including a highway, avenue, boulevard, parkway,
road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or
other way, and which may be classified as Rural, Residential, Local, Collector,
Arterial, and Main Street or as otherwise defined in the Grantsville City
Street Master Plan.
"Subdivision" means any land that is divided, resubdivided or proposed to be divided into two 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:
(1) the division or development of land whether by deed, metes
and bounds description, devise and testacy, map, plat, or other recorded
instrument; and
(2) except as provided for in the following Subsection regarding
the division or partition of agricultural land, divisions of land for
residential and nonresidential uses, including land used or to be used for commercial,
agricultural, and industrial purposes.
"Subdivision"
does not include:
(1) a bona fide
division or partition of agricultural land for the purpose of joining one of
the resulting separate parcels to a contiguous parcel of unsubdivided
agricultural land, if neither the resulting combined parcel nor the parcel
remaining from the division or partition violates an applicable land use
ordinance;
(2) a recorded agreement between owners of adjoining unsubdivided properties adjusting their mutual boundary if:
(a) no new lot is created; and
(b) the adjustment does not violate applicable land use
ordinances; or
(3) a recorded document, executed by the owner of record:
(a) revising the
legal description of more than one contiguous unsubdivided
parcel of property into one legal description encompassing all such parcels of
property; or
(b) joining a subdivided parcel of property to another parcel of
property that has not been subdivided, if the joinder
does not violate applicable land use ordinances.
(4) The joining of a
subdivided parcel of property to another parcel of property that has not been
subdivided does not constitute a subdivision under this Subsection as to the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's subdivision
ordinance.
"Unincorporated"
means the area outside of the incorporated area of Grantsville City.
"Zoning
map" means a map, adopted as part of a land use ordinance,
that depicts land use zones, overlays, or districts.
21.1.10. Plats required.
(1) Unless exempt or not included in the
definition of a subdivision, whenever any lands are divided, the owner of those
lands shall have an accurate plat made of them that sets forth and describes:
(a) all the parcels of ground divided, by their boundaries,
course, and extent, and whether they are intended for streets or other public
uses, together with any areas that are reserved for public purposes; and
(b) the lot or unit
reference, the block or building reference, the road or site address, the road
name or coordinate address, the acreage or square footage for all parcels,
units, or lots, and the length and width of the blocks and lots intended for
sale.
(2) (a) The owner of the land shall acknowledge the plat before an officer authorized by law
to take the acknowledgment of conveyances of real estate.
(b) The surveyor making the plat shall certify it.
(c) The planning commission shall approve the plat
as provided in this code. Before final
approval of a plat, the owner of the land shall provide the planning commission
with a tax clearance indicating that all taxes, interest, and penalties owing
on the land have been paid.
(3) After the plat has been acknowledged,
certified, and approved, the plat shall be kept by the City until the owner of
the land shall file and record it in the county recorder’s office. (Reference UCA §10-9a-603)
21.1.11.
Agricultural Exemptions from plat requirements.
(1) A lot or parcel resulting from a division of
agricultural land is exempt from the plat requirements of this code if the lot
or parcel:
(a) qualifies as land in agricultural use under Title 59,
Chapter 2, Part 5, Farmland Assessment Act;
(b) meets the minimum size requirement of applicable land use
ordinances; and
(c) is not used and will not be used for any nonagricultural
purpose.
(2) The boundaries
of each lot or parcel exempted under Subsection (1) shall be graphically
illustrated on a record of survey map that, after receiving the same approvals
as are required for a plat under this code, shall be recorded with the county
recorder.
(3) If a lot or
parcel exempted under Subsection (1) is used for a nonagricultural purpose, the
lot or parcel shall comply with the requirements of the subdivision plat
provisions of this code. (Reference UCA
§10-9a-603)
(4) A plat is not required for a recorded
agreement between owners of adjoining subdivided properties adjusting their
mutual boundary if no new dwelling lot or housing unit will result from the
adjustment and the adjustment will not violate any applicable land use
regulation. (Reference UCA §10-9a-602)
21.1.12.
Applicability of regulations.
(1) Conservation subdivisions as defined in this
chapter may be used for residential developments in the R-1-21, RR-1, RR-2.5,
RR-5, and A-10 zoning districts.
Conservation subdivisions shall meet the standards established in Table
21.1.1. A minor subdivision shall not be a conservation subdivision.
Subdivisions that are not required to be developed as a conservation subdivision
shall be in compliance with all applicable Grantsville City ordinances,
regulations, or resolutions and when in conflict, the provisions of this
chapter shall prevail.
(2) The maximum number of lots in a conservation
subdivision shall be determined by either of the following two methods adding
any bonus density allowed in the zoning district where it is located, at the
discretion of the applicant:
(a) The maximum number of lots as determined by
dividing the area of the tract of land by the minimum lot size specified in the
underlying zoning. In making this
calculation, the following shall not be included in the total area of the
parcel:
(i) slopes over 30% of at least
5000 square feet contiguous area;
(ii) all area included in the 100-year floodplain;
(iii) bodies of open water over 5000 square feet contiguous area;
and
(iv) wetlands that meet
the definition of the Army Corps of Engineers pursuant to the Clean Water Act;
or
(b) The maximum number of lots is based on a
conventional subdivision design plan, prepared by the applicant, in which the
tract of land is subdivided in a manner intended to yield the highest number of
lots possible.
21.1.13.
Site analysis map.
(1) Concurrent with
the submission of a concept plan, the applicant shall prepare and submit a site
analysis map. The purpose of the site
analysis map is to ensure that the important site features have been adequately
identified prior to the creation of the site design, and that the proposed open
space will meet the requirements of this chapter.
21.1.14.
Definition of open space.
(1) Open space is
the portion of the conservation subdivision that has been set aside for
permanent protection. Activities within the open space shall be restricted in
perpetuity through the use of an approved legal instrument.
(2) The required
open space areas shall be protected in perpetuity from further development or
unauthorized use by a conservation easement or permanent restrictive covenant
per Utah Code Annotated 57-18-4. Grantsville City reserves the right to enforce
all restrictive covenants and conservation easements per Utah Code Annotated
57-18-6. Uses of open space may include
the following:
(a) conservation of
natural, archeological or historical resources;
(b) meadows, woodlands,
wetlands, wildlife corridors, game preserves, or similar conservation-oriented
areas;
(c) walking, equestrian,
off-highway vehicle or bicycle trails;
(d) passive recreation
areas, such as open fields;
(e) active recreation
areas which include 15% or less of the total open space area in impervious
surfaces;
(f) agriculture,
horticulture, silviculture or pasture uses, provided
that all applicable best management practices are used to minimize
environmental impacts;
(g) landscaped storm water
management facilities, community wastewater disposal systems and individual
wastewater disposal systems located on soils particularly suited to such uses;
(h) easements for
drainage, access, and underground utility lines; and
(i) other
conservation-oriented uses compatible with the purposes of this chapter.
21.1.15.
Open space requirements.
(1) Each conservation subdivision shall provide a
minimum of 40% of its total acreage as open space. The open space shall be
designated on the conceptual plan and recorded on the final plat. The minimum
restricted open space shall comprise at least 40% of the gross tract area.
(2) Above-ground
utility rights-of-way and small areas of impervious surface may be included
within the protected open space but cannot be counted towards the 40% minimum
area requirement except that historic structures and existing trails may be
counted. Areas greater than 15% of the total open space area that is covered
with any impervious surface shall be excluded from the open space.
(3) At least 25% of the open space shall consist
of land that is suitable for building.
(4) At least 75% of the open space shall be in a
contiguous or interconnecting tract. The
open space shall be designed in such a way that it adjoins any neighboring
areas of open space, other protected areas, and non-protected natural areas
that would be candidates for inclusion as part of a future area of protected
open space. If there is no defined or
identified open space on adjoining land, then the open space shall provide areas
for the eventual connection with future development.
(5) The open space shall be directly accessible
to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with
safe, convenient access to the open space.
21.1.16.
Open space networks configuration.
The minimum
standards for open space networks are as follows:
(1) The minimum
width of any open space area is 25 feet.
(2) All paths shall
be a minimum of 20 feet from any property line except where interparcel
access may be provided.
(3) All open space
networks shall provide connectivity to any common areas within the development
and to any adjacent public places and rights-of-way.
(4) Paths located in
primary conservation areas shall be constructed of pervious materials.
(5) Where path networks
cross internal subdivision streets or public streets, access points shall be
directly across from each other or as approved by the city engineer.
(6) Crossings and
access points shall be clearly identified to pedestrians and motorists and may
include traffic control devices, bridges and tunnels as approved by the city
engineer.
21.1.17.
Open space and conservation areas.
Open space shall be
designated as either primary conservation areas or secondary conservation areas
and shall be configured to create or maintain a network of open space.
21.1.18.
Primary conservation areas.
Primary conservation
areas form the core of the open space to be protected. The following are considered primary
conservation areas and are required to be included within the open space,
unless the applicant demonstrates that this provision would constitute an
unusual hardship and be counter to the purposes of this chapter:
(1) cemeteries;
(2) problematic soils and the 100-year floodplain;
(3) archaeological sites, cemeteries and burial grounds; and
(4) prime agricultural lands of at least five acres contiguous
area.
(5) habitats for endangered or threatened species;
(6) wetlands
identified by the County Soil Survey prepared by the United States Department
of Agriculture (USDA) Natural Resources Conservation Service (NRCS), or a
certified wetlands delineation using data from the U. S. Army Corps of
Engineers;
(7) lakes both natural and man made,
rivers, streams, existing ponds, stormwater
management ponds and facilities, creeks, and State waters;
(8) riparian zones along all perennial and intermittent streams
equal to any required stream buffers and improvement setbacks;
(9) existing slopes greater than 30% on average with a site area
greater than 5,000 square feet identified as part of a site analysis conducted
by a registered engineer, land surveyor or landscape architect and calculated
using topographic maps.
(10) critical wildlife habitat as identified by the State of
Utah, Division of Wildlife Resources.
21.1.19.
Value of primary conservation areas.
Because primary
conservation areas are either protected or sensitive environmental areas, only
50% of the acreage of a primary conservation area may be counted as open space.
21.1.20.
Secondary conservation areas.
(1) Secondary
conservation areas consist of undeveloped (unconstrained) but buildable land
and protected (constrained) lands. Secondary conservation areas, as defined by
this ordinance, include the following:
(a) farmlands, including fields, pastures, meadows;
(b) woodlands and buffers except riparian buffers;
(c) historic and/or archaeological sites as identified by the
Utah Division of State History, Utah
State Historical Society;
(d) passive recreation areas, public and private, including
pedestrian, bicycle and equestrian trails, picnic areas, community commons or
greens, and similar areas;
(e) active
recreation areas and facilities, public and private, to include parks, playing
fields, and playgrounds, but recreation areas with impervious surfaces greater
than 15% of the total secondary open space such as parking lots, tennis courts,
basketball courts and pools shall be excluded;
(f) existing healthy, native forests of at least one acre
contiguous area;
(g) individual existing healthy trees greater than eight inches
caliper, as measured from their outermost drip line;
(h) other significant natural features and scenic viewsheds such as ridge lines, peaks and rock outcroppings,
particularly those that can be seen from public roads; and
(i)
trails that connect the tract to neighboring areas
(2) One hundred
percent of secondary conservation areas may be counted as open space.
21.1.21.
Ownership and management of open space.
(1) A homeowners
association representing residents of the conservation subdivision may own the
open space in fee title. If owned by a
homeowners association, membership in the association shall be mandatory and
automatic for all homeowners of the subdivision and their successors. The homeowners' association shall have lien
authority to ensure the collection of dues from all members.
(2) The
responsibility for maintaining the open space and any facilities located
thereon shall be borne by the owner.
(3) The applicant
shall submit a plan for management of open space and common facilities that:
(a) allocates
responsibility and guidelines for the maintenance and operation of the open
space and any facilities located thereon, including provisions for ongoing
maintenance and for long-term capital improvements;
(b) estimates the costs and staffing requirements
needed for maintenance and operation of, and insurance for, the open space and
outlines the means by which such funding will be obtained or provided;
(d) provides that any
changes to the plan be approved by the Grantsville City council; and
(e) provides for
enforcement of the plan, which may include a bond or other financial guarantee.
(4) In the event the
party responsible for maintenance of the open space fails to maintain all or
any portion in reasonable order and condition, Grantsville City may assume
responsibility for its maintenance and may enter the premises and take
corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to
the homeowners association or to the individual property owners and may include
administrative costs and penalties. Such
costs shall become a lien on all subdivision properties or the open space
property.
21.1.22.
Prohibited uses of open space.
(1) Uses of open
space shall not include the following:
(a) roads
(b) parking lots that occupy more than 15% of the open space;
(c) dwellings;
(d) commercial uses; or
(e) land set aside for use that solely benefits any one person
or entity.
(2) The instrument
for permanent protection shall include clear restrictions on the use of the
open space. These restrictions shall
include all restrictions contained in this chapter, as well as any further
restrictions the applicant or City chooses to place on the use of the open
space.
21.1.23.
Requirements for conservation easements.
A conservation
easement shall:
(1) clearly delineate primary and secondary conservation areas;
(2) describe the
features of the subject property that should be permanently protected in
accordance with the Land Conservation Easement Act, Utah Code Annotated Section
57 Chapter 18;
(3) clearly identify the boundaries of the property by survey
and a metes and bounds legal description;
(4) clearly list restrictions;
(5) protect the open
space in perpetuity by a binding legal instrument that is recorded, which the
instrument shall be:
(a) a permanent conservation easement in favor of either:
(i) a land trust or similar conservation-oriented non-profit
organization with legal authority to accept such easements. The organization shall be bona fide and in
perpetual existence and the conveyance instruments shall contain an appropriate
provision for retransfer in the event the organization becomes unable to carry
out its functions; or
(ii) a governmental entity with an interest in pursuing goals
compatible with the purposes of this chapter.
(b) a permanent restrictive covenant for conservation purposes
in favor of a governmental entity; or
(c) an equivalent legal tool that provides permanent protection,
if approved by Grantsville City.
(6) If the entity
accepting the easement is not Grantsville City, then a third right of
enforcement favoring Grantsville City shall be included in the easement.
(7) The permanent
restrictive covenant(s) shall:
(a) clearly delineate primary and secondary conservation areas;
(b) describe the features of the subject property that should be
permanently protected;
(c) clearly identify the boundaries of the property by survey
and a metes and bounds legal description;
(d) clearly list restrictions;
(e) provide for inspections of the property by Grantsville City;
(f) provide for maintenance of the property;
(g) be shown on the final plat and duly recorded with the office
of the county recorder; and
(h) provide for amendments only with the express written
permission of the property owners and Grantsville City. Amendments to the
covenant shall be recorded in office of the county recorder.
(8) show the area and a notation as to the conservation easement
on the final plat and be duly recorded with the office of the county recorder;
and
(9) provide for amendments only with the express written
permission of the property owners, the holder of the easement, and Grantsville
City.
21.1.24.
Notice of disclosure.
Before Grantsville
City receives a conservation easement, it shall be disclosed to the easement's
grantor, at least three days prior to the granting of the easement, the types
of conservation easements available, the legal effect of each easement, and
that the grantor should contact an attorney concerning any possible legal and
tax implications of granting a conservation easement.
21.1.25.
Conservation subdivisions, open space and density.
Conservation
subdivision density shall be calculated in accordance with Table 21.1 below:
|
Table 21.1 Conservation subdivision
open space and density. |
|||||
|
Use |
R-1-21 |
Rural
Residential (RR-) |
A-10 |
||
|
1 |
2.5 |
5 |
|||
|
percent of open space required for 100% density buildout |
40% |
40% |
40% |
40% |
40% |
|
minimum size of lots |
8,000
sq ft. |
10,890
sq ft. |
15,246
sq ft. |
21,780
sq ft. |
43,560
sq ft. |
|
for every 15% in additional contiguous open space, an
increase of 10% in density |
Yes |
Yes |
Yes |
Yes |
Yes |
|
the minimum parcel size in acres to be divided by
conservation subdivisions |
10 |
10 |
25 |
20 |
40 |
SECTION 2
21.2.1. Diligence.
21.2.2. Application procedure.
21.2.3. Zoning
administrator to determine a complete application.
21.2.4. Lack of preliminary subdivision application information - a determination of an
incomplete application.
21.2.5.
Appeal of zoning administrator's
determination of completeness.
21.2.6. Concept plan requirements.
21.2.7. Design stage preliminary plat requirements.
21.2.8. Design stage infrastructure design and
engineering drawings requirements.
21.2.9. Final
plat requirements.
21.2.1.
Diligence.
Each development
shall be actively pursued to completion.
Any application that exceeds the time limits stated in this chapter will
be deemed null and void and all vested rights are waived by the subdivider for that development. An application shall be null and void and all
vested rights waived by the subdivider for that
development if they do not complete a stage or they fail to make a progress
report to the planning commission within 365 days. Any extension must be requested prior to the
expiration of the original approval.
Should an application become void, the applicant must reapply at the
first stage for that level of development.
21.2.2. Application procedure.
(1) Each application
for a subdivision shall have all required submittals before it is accepted as a
complete application. No application for
the next stage of the subdivision process shall be accepted until such time as
the City has approved the application for the previous stage of the
development.
(2) There shall be
no presumption of approval of any aspect of the process.
(3) No application
shall be accepted for any approval stage if the time limit has expired on the
previous approval stage.
(4) The planning
commission may request specific information found to be incomplete in its
review and table further action until the information is submitted.
(5) A denial shall
include written findings of fact and decision.
Denial may be based, in addition to other reasons of good cause, upon
incompatibility with the general plan, lack of a culinary water supply,
insufficient fire suppression system, geological concerns, location,
incompatibility with surrounding land uses, the inability of city service or
utility providers to provide public services, or the adverse effect on the
health, safety, and general welfare of the city and it's
residents.
(6) Appeals of the
decision of a planning commission on any subdivision shall be made in writing
to the city council within 30 days of the decision.
21.2.3. Zoning
Administrator to determine a complete application.
The zoning
administrator shall determine if an application is complete and contains all
required materials as required by this chapter.
21.2.4.
Lack of preliminary subdivision application information - a determination of an
incomplete application.
(1) The lack of any
information required by this chapter for a complete application, or improper
information supplied by the applicant, shall be cause for the zoning
administrator to find the application incomplete.
(2) A determination
of an incomplete application shall prohibit the scheduling of the application
on a planning commission meeting agenda. If the application lacks any required
information, the zoning administrator shall notify the applicant of the
material or information lacking from the application. The zoning administrator
shall allow 30 days from the date of notification for the applicant to provide
the materials or information required. If the application remains incomplete
after 30 days the zoning administrator shall return the entire incomplete
application to the applicant, accompanied by all application fees paid.
21.2.5. Appeal of zoning
administrator's determination of completeness.
Any person aggrieved
by a decision of the zoning administrator in a determination of a complete
application may appeal the zoning administrator's decision in writing within 30
days of the zoning administrator's decision to the planning commission.
21.2.6. Concept plan
requirements.
The concept plan
shall show:
(1) the general location of the subdivision, the property
boundaries and adjoining properties with ownership;
(2) lot and road layout indicating general scaled dimensions;
(3) county, township, range, section, quarter section, blocks,
the number of lots, principal meridian and true north;
(4) a vicinity map showing significant natural and man-made
features off site with a scale of 1 inch = 2000 feet on the site;