5.02.05 SUBDIVISION APPLICATIONS: REVIEW

A. The Land Use Authority shall review all subdivision applications in accordance with the requirements of this Section before approving or denying those applications. B. The review process begins when an applicant submits a complete application. 1. The Land Use Authority shall not review an incomplete subdivision application, except to determine whether the application is complete. 2. If the Land Use Authority determines that an application is incomplete, it shall notify the applicant in writing by email or by 1st Class U.S. Mail of the incompleteness, highlighting any insufficiencies and explaining that the application will not be reviewed until it is complete. C. After the applicant submits a complete application, as defined in section 5.02.01, the Land Use Authority shall review and provide feedback to the applicant in a maximum of four “review cycles.” 1. A review cycle consists of the following phases: a. Phase #1: The applicant submits a complete application (or, if after the first cycle, submits a revised version of the complete application). b. Phase #2: The Land Use Authority reviews the application in detail and assesses whether the application conforms to local ordinances. c. Phase #3: The Land Use Authority responds to the applicant in writing by 1st Class U.S. Mail, citing any missing requirements or areas of noncompliance and providing a detailed list of necessary revisions to the applicant within 30 business days after the day that the application is submitted. For any required modification or addition to the application or request for more information, the Land Use Authority shall be specific and include citations to ordinances, standards, or specifications that require the modification or addition and shall provide the applicant with an index of all requested modifications or additions. d. Phase #4: The applicant revises the application, addressing each comment or requirement the Land Use Authority made. The applicant must submit both revised plans and a written explanation in response to the Town’s review comments, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any. If the applicant fails to respond to a comment made by the Land Use Authority in its review, the review cycle is not complete and will remain open until the applicant addresses all comments. D. The Land Use Authority (and other Town representatives or agents) shall adhere to the maximum number of review cycles and the review deadlines described in 5.02.05(C), except as described below. If no further revisions are needed, the Land Use Authority may end the review process early and approve or deny the application. 1. This provision notwithstanding, for any subdivision application that affects property within an identified geological hazard area, the Town is exempt from limits on the number of permitted review cycles and the Town’s deadlines for reviewing and responding (Phases #2 and #3). 2. If the applicant makes a material change to an application not requested by the Town at any point in the review process, the Land Use Authority may restart the review process, but only with respect to the portion of the application that the material change substantively affects. 3. If an applicant takes longer than 40 business days to submit a revised subdivision improvement plan responding to the Town’s requests for modifications and additions (in Phases #1 and #4), the Town shall have an additional 20 business days to review and respond to the revised application (Phases #2 and #3 of the next review cycle or issuing an approval decision). 4. If an applicant takes longer than 180 calendar days to submit a revised application and respond to the Town’s requests for modifications and additions (Phases #1 and #4), the application shall, at the option of the Land Use Authority, expire. If an application expires, the applicant must restart the subdivision application process. E. When an application’s review period ends, the Land Use Authority shall approve or deny the respective application within 20 business days. 1. If the Land Use Authority has not approved or denied the application within 20 business days after the allotted review cycles are complete, the applicant may request a written decision. After such a request, the Town shall, within 10 business days: a. For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah Code §10-9a-51(5)(d) to review and approve or deny the revised set of plans; or b. For a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to the designated Appeal Authority. F. After the Land Use Authority provides comments in the fourth or final review cycle for an application, the Town shall not require further modifications or corrections to the application unless those modifications or corrections are necessary to protect public health and safety or to enforce state or federal law or unless the review cycle reset due to the applicant making a material change that the Land Use Authority did not request. 1. With the exception of modifications or corrections that are needed to protect public health and safety, that are needed to enforce state or federal law, or that arise from the review cycle being reset, the Town waives noncompliant subdivision-related requirements that the Land Use Authority does not identify during the review process. 2. The applicant shall make reasonable changes, unless prohibited otherwise by a contract or deed, to the subdivision application to accommodate the water conveyance facility to the extent required by Utah Code §73-1-15.5. G. The Land Use Authority may, at its discretion, conduct one public hearing during the review period (including all review cycles) for a subdivision application. 1. The purpose of this public hearing is to ask questions of the applicant and receive commentary on the technical aspects of the application from affected entities, interested parties, and the public. 2. If the Land Use Authority elects to hold a public hearing, the hearing must occur before the end of Phase #3 of the last review cycle. Scheduling issues shall not extend the review and approval deadlines in this Title. H. Other sections of this Title notwithstanding, the Land Use Authority shall approve or deny applications under this Title after reviewing the complete applications as described in this Section. This singular application and review process includes the combined elements of traditional “preliminary” and “final” applications, as those terms are used in Utah Code §10-9a604.2. For purposes of applying Utah Code §10-91-604.1(3)(a) and §10-91-604.1(9)(b), this Chapter describes a “preliminary” review and approval, with “final” approval happening automatically when the plat is recorded.