Kanab, Utah Ordinance

After compliance with the provisions of Chapter 4, a Final Plat of the subdivision covering all or part of an approved preliminary plat shall be prepared by a licensed surveyor not employed by Kanab City in conformance with the design standards and submitted within one (1) year from the date of preliminary plat approval, unless the time is, in writing, extended by the Kanab City Planning Commission. Otherwise, preliminary approval shall be deemed to have been withdrawn.

Section 5-2  Submission Requirements

(1) The Final Plat submission shall conform to the approved Preliminary Plat. In addition, to the eight (8) copies as specified for the Preliminary Plat, there shall be one (1) mylar copy of the Final Plat measuring (24" x 36").

(2) Sketch Plans, Preliminary Plats, and Final Plats shall all conform to the requirements and specifications of these regulations and shall be submitted in the manner prescribed.

(3) Copies of all required material shall be officially submitted to the Kanab City Planning Commission at the official meeting by the subdivider or his authorized representative.

(4) Final Plats shall be submitted for approval within one (1) year of the date a Preliminary Plat has been approved by the Kanab City Planning Commission.

Section 5-3  Phase Development

(1) The final platting of subdivisions shall be done in phases, except as provided in 5-3(3) herein. Each phase shall consist of the number of lots which can be completely developed with off-site improvements within a two (2) year period, or twenty-five (25) percent of the lots whichever is larger. If the roads and utilities are not established within two years, the plat shall be considered null and void and subject to reapplication by the subdivider.

(2) When the off-site improvements have been one hundred (100) percent completed within the boundaries of the recorded plat and approved by the Kanab City Engineer, the subdivider may submit the next phase of the proposed development in accordance with the provisions of this Ordinance.

(3) A Final plat will be accepted only upon the submission of qualified evidence indicating that the market absorption rate is such, and the financial ability of the subdivider is such that the off-site improvements for all lots in such Final Plat will be completed within two (2) years.

Section 5-4  City Council Action

After conditional approval of the Final Plat by the Kanab City Planning Commission, the subdivider or his agent shall appear at the next regularly scheduled meeting of the Kanab City Council to request review of the Final Plat. The Kanab City Council shall act on the application within thirty (30) days of such request. Upon failure to act within such time frame, the preliminary plat shall be deemed disapproved.

Section 5-5  Acceptance of Streets and Other Public Land Dedication

Acceptance of dedication of proposed public lands or streets or street right-of-way in an approved plat can be made only by the Kanab City Council. Plat approval will be deemed as acceptance of dedication unless streets and other public spaces are shown as "not intended for dedication" in the case of a Planned Development or condominium.

Section 5-6  Plat Requirements

(1) The Final Plat submission shall conform in all major respects to the Preliminary Plat as previously reviewed and approved by the Kanab City Planning Commission and shall incorporate all modifications required in its review.

(2) The original Final Plat drawing that is submitted shall be on mylar (24" x 36") with eight black on white or blue on white prints of the Final Plat.

(3) A receipt shall be issued to the subdivider or his or her authorized representative for the Final Plat submission when it has been determined that the submission appears to include all the requirements set forth in these regulations.

Section 5-7  Drawing Requirements

The Final Plat drawing shall have the following standards:

(1) The plat shall be prepared and certification made as to its accuracy by a registered land surveyor licensed to do such work in the State of Utah. A workmanlike execution of that plat shall be made in every detail. A poorly-drawn or illegible plat is sufficient cause for rejection.

(2) The bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside with lot dimensions. When the plat is bounded by an irregular shore line or a body of water, the bearings and distances of a closing meader traverse should be given and a notation made that the plat includes all land to the water's edge or otherwise.

(3) If a plat is revised, a copy of the old plat shall be provided for comparison purposes.

(4) All blocks and all lots within each block shall be consecutively numbered.

(5) On curved boundaries and all curves in the plat, sufficient data shall be given to enable the re-establishment of the curves on the ground. This curve data shall include the following for circular curves:

a. Radius of curve;

b. Central angle;

c. Tangent; and,

d. Arc length.

(6) Excepted parcels shall be marked "not included in the subdivision" and the boundary completely indicated by bearings and distances.

(7) All streets, walkways, existing fences and alleys in and adjacent to the proposed subdivision shall be designated as such and streets shall be named; bearing and dimensions must be given.

(8) All easements shall be designated as such and bearing and dimensions given.

(9) All lands within the boundaries of the plat shall be accounted for either as lots, walkways, streets, alleys, or as accepted parcels.

(10) All dimensions of irregularly-shaped lots shall be indicated in each lot.

(11) All bearings and lengths shall be given for all lot lines, except that bearing and lengths need not be given for interior lot lines where the bearing and lengths are the same as those of both end lot lines.

(12) Parcels not contiguous shall not be included in one plat, nor shall more than one plat be made on the same street. Contiguous parcels owned by different parties may be embraced in one plat, provided that all owners join in the dedication and acknowledgment.

(13) Lengths shall be shown to hundredths of a foot, and angles and bearings shall be shown to seconds of arc.

(14) The information on the plat shall include:

a.  Name of subdivision, astronomic north arrow and basis thereof, and date.

b. Name and address of owner or owners of record.

c. Total acreage of subdivision, total number of lots.

d.  Township, range, section (and quarter section, if portion).

e. Graphic scale.

f. Kanab City Engineer's certificate.

g. Kanab City Surveyor's certificate.

h. Kanab City Attorney's approval certificate.

i. Kanab City Planning Commission approval certificate.

j. Kanab City Council approval certificate.

k. Any additional information required by local ordinance or state law.

Section 5-8  Monuments

(1) Permanent reference monuments as approved by the Kanab City Engineer as specified in the Kanab City Design and Construction Standards shall be set on the external boundary of the subdivision, and at all street center line intersections and all beginning and end points of curves to provide line-of-sight control for re-establishing the survey.

(2) Block and lot monuments shall be set, based on correlation with the nearest legal section survey monuments on the survey.

(3) At least one second order benchmark shall be set (where practical to the tie in) within every subdivision or subsequent filing prior to submission of the Final Plat for approval.

Section 5-9  Survey Certification

The surveyor making a plat shall certify on the plat that it conforms to these survey regulations and to all applicable state laws and that the monuments described in it have been placed as described. He shall affix his name and seal.

Section 5-10  Supporting Documents

The following documents shall be submitted with the Final Plat drawing and be considered a part of the submission: Drawings showing layout, profile and detail design of:

(1) All utilities and easements, existing fences, plus statements from utility companies (water, sewer, electric, gas, telephone, etc.) as applicable, that service will be provided to the development.

(2) Plan, profile, and typical cross-section drawings of the roads, bridges, culverts, sewers, and other drainage structures.

(3) Grading and drainage plan. The proposed grading plan shall be indicated by solid contours superimposed on dashed line contours or existing topography for the area of the Final Plat. Such contours shall be at two (2) foot intervals for predominant ground slopes within the tract between level and five (5) percent grade, and five (5) foot contours for predominant ground slopes within the tract over five (5) percent grade. In case of predominantly level topography throughout a subdivision, one (1) foot contour intervals may be required.

(4) Erosion control plan when required, to be submitted as result of Preliminary Plat review.

(5) An exact copy of a certificate of a title insurance company or attorney which shall set forth the names of all property owners included in the plat and shall include a list of all mortgages, judgments, liens, easements, contracts and agreements of record in Kanab City which shall affect the property covered by such plats. If the opinion of title discloses any of the above, then at the option of the Kanab City Council, the holders or owners of such mortgages, judgments, liens, easements, contracts, or agreements shall be required to join in and approve the application before the plat shall be acted upon by the Kanab City Planning Commission.

Sections 5-11  Attorney

The attorney shall approve the Final Plat 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 Kane County Recorder's Office.

(2) The performance bond, escrow deposit, letter of credit, or trust deed with the City is in appropriate form and signed by the necessary parties.

(3) That the subdivider has executed the subdivision improvements agreement required by this Ordinance (Appendix A).

(4) That the subdivision does not, in his or her opinion, violate any ordinance of Kanab City or the laws of the State of Utah or the rules and regulations promulgated pursuant thereto.

Section 5-12  Planning Commission Review

(1) The Kanab City Planning Commission shall review the Final Plat at a regularly scheduled public meeting.

(2) Within thirty (30) days after review of the Final Plat at a public meeting, the Kanab City Planning Commission shall send written notification of its review to the Kanab City Council. Required distribution of the Final Plat shall be one (1) copy to be transmitted to the Kanab City Council, one (1) to be retained in the Kanab City Planning Commission files, and one (1) to be transmitted to the subdivider.

Section 5-13  Kanab City Council

The Kanab City Council shall review the Final Plat within thirty (30) day of receipt of transmittal from the Kanab City Planning Commission at a regularly scheduled public meeting. If the Kanab City Council determines that the Final Plat submission complies with the applicable requirements of these regulations, they may certify approval of the plat on the space provided. The subdivider shall provide an adequate number of the approved plats or prints marked for modification, together with the official notification of the action, to be distributed by the Kanab City Council as follows:

(1) One (1) copy to the Kanab City Council files.

(2) One (1) copy to the Kanab City Planning Commission files.

(3) One (1) copy to Engineer of the subdivider.

(4) One (1) copy to the surveyor of the subdivider.

(5) One (1) copy to the Kane County School District Offices.

(6) One (1) copy to each of the special service district offices.

(7) One (1) copy to each utility company serving the subdivision.

(8) One (1) copy to the subdivider.

Section 5-14  Recording Final Plat

(1) The Kanab City Council shall record the Final Plat with the Kane County Recorder within five (5) working days of the approval of the Final Plat by the Kanab City Council; the subdivider shall pay in advance all expenses of such recordings.

(2) The Kane County Recorder shall furnish the subdivider with a receipt, upon filing of the Final Plat.

Section 5-15  Re-Subdivision Procedure

Re-subdivision of land or changes to a recorded plat shall be considered a new subdivision and it shall comply with all regulations.