Section 11, Subsection 9 Application review process

A. The PC or DRC shall review all subdivision applications under this Subsection in accordance with the requirements of this Section before approving or denying a subdivision application. B. The review process begins when an applicant submits a complete application. 1. The PC or DRC shall not review an incomplete subdivision application, except to determine whether the application is complete. 2. If the PC or DRC determines that an application is not complete, it shall notify the applicant of the incompleteness, highlighting any insufficiencies and explaining that the application will not be reviewed until completed. C. After the applicant submits a complete application, the PC or DRC shall review and provide feedback to the applicant in a series of “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 PC or DRC reviews the application in detail and assesses whether the application conforms to local ordinances. c. Phase #3: The PC or DRC responds to the applicant, citing any missing requirements or areas of noncompliance and providing a detailed list of necessary revisions to the applicant, within the timeframe specified in Table 6. For any required modification or addition to the application or request for more information, the PC or DRC shall be specific and include citations to ordinances, standards, or specifications that require the modification 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 PC or DRC 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 PC or DRC in its review, the review cycle is not complete and will remain open until the applicant addresses all comments. Table 6 – Review Cycles, Hearings, and Timelines by Subdivision Use Type Use Type Approval Stage Max Review Phases Max Public Hearings Town Turnaround Deadline* Applicant Turnaround Deadline** All Uses Preliminary Final 1 30 Business 180 Calendar Days Days 0 30 Business 180 Calendar Days Days *Describes the total time (per review cycle) the Town may take to complete both Phase #2 and Phase #3. **Describes the total time (per review cycle) the applicant may take to submit a revised application before the application expires. D. The PC or DRC shall not (nor shall any other representative of the Town) exceed the number of review cycles of the deadlines in Table 6. If no further revisions are needed, the PC or DRC may end the review period 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 Planning Commission 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). 21 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 PC and DRC, expire. If an application expires, the applicant must restart the subdivision application process. E. The PC may request comments from the Engineer and Attorney, designated by the Town Council, Town Engineer during the preliminary application review period and shall review these comments, if provided. before approving or denying a subdivision application. F. The DRC may request comments from the Engineer and Attorney, designated by the Town Council, during the final application review period and shall review these comments, if provided, before approving or denying a subdivision application. G. After the last review cycle is complete and the applicant has resubmitted the application with any requested revisions, the PC or DRC shall approve or deny the application within 20 business days. 1. If the PC or DRC has not approved or denied the application within 20 business days after the last review, the applicant may request a final 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-508(5)(d) to review and approve or deny the final 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. H. After the PC or DRC provides comments in the last review cycle, the Town shall not require further modifications or corrections in that review phase unless those modifications or corrections are needed 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 PC or DRC 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 municipality waives noncompliant subdivision-related requirements that the PC or DRC do 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. I. The Planning Commission may conduct one (but no more than one) public hearing for the purpose of asking questions of the applicant and receiving commentary on the technical aspects of the application from affected entities, interested parties, and the public. If the Planning Commission elects to hold this public hearing, the hearing must occur before the end of the Planning Commission’s review period in the last review cycle of the preliminary review phase. Scheduling issues shall not extend the review and approval deadlines in this Subsection. J. Other Subsections of this Section notwithstanding, the PC or DRC shall approve or deny a subdivision application under this Section after reviewing a complete subdivision application as described in this Section.