16.20.040 REVIEW PROCESS

A. For both preliminary and final applications, the application 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 of the incompleteness, highlighting any insufficiencies and explaining that the application will not be reviewed until it is complete. B. For both preliminary and final applications, after the applicant submits a complete application, the Land Use Authority 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 Land Use Authority reviews the application in detail and assesses whether the application conforms to local ordinances. Affected entities and City staff provide comments on the application, and the Land Use Authority considers these comments. c. Phase #3: The Land Use Authority responds to the applicant, citing any missing requirements or areas of noncompliance and providing a detailed list of necessary revisions to the applicant. 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 City’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. Table 16.20.040 – Review Cycles, Hearings, and Timelines by Subdivision Use Type Use Type Approval Max Max Public City Applicant Stage Review Hearings Turnaround Turnaround Cycles Deadline** Deadline*** 1-2 Family Preliminary 4 30 Business 180 Calendar Residential* Days Days Final 30 Business 180 Calendar Days Days All Other Uses Preliminary 6 30 Business 180 Calendar Days Days Final 30 Business 180 Calendar Days Days *Includes single-family homes, duplexes, and townhomes. **Describes the total time (per review cycle) the City 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. C. The Land Use Authorities shall adhere to the maximum number of review cycles and the review deadlines described in Table 16.20.040, except as described below. If no further revisions are needed, a Land Use Authority may end the review process early and approve or deny the preliminary or final application. 1. This provision notwithstanding, for any subdivision application that affects property within an identified geological hazard area, the City is exempt from limits on the number of permitted review cycles and the City’s deadlines for reviewing and responding (Phases #2 and #3). 2. If the applicant makes a material change to a preliminary or final application not requested by the City 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. For both preliminary and final applications, if an applicant takes longer than 40 business days to submit a revised application and respond to the City’s requests for modifications and additions (Phases #1 and #4), the City 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. For both preliminary and final applications, if an applicant takes longer than 180 calendar days to submit a revised application and respond to the City’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. 5. If the applicant has not submitted a final application within 180 calendar days after the Land Use Authority notifies the applicant that it has approved the related preliminary application, the related preliminary approval shall expire. In this case, the applicant shall not submit a final application until the Land Use Authority has issued a new preliminary application approval. 6. The applicant or an authorized agent of the same must attend any public meeting or hearing held by the Planning Commission at which the application is considered. If the applicant does not attend a meeting, the City’s deadlines for reviewing and responding (Phases #2 and #3) shall extend by the number of days between the public meeting or hearing the applicant or agent did not attend and the next meeting of the Planning Commission. D. When a preliminary or final application’s review period ends, the Land Use Authority shall approve or deny the respective preliminary or final application within 20 business days. 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 decision. After such a request, the municipality shall, within 10 business days: 1. 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 revised set of plans; or 2. 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. E. After the Land Use Authority provides comments in the last allotted review cycle for a final application, the City 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 municipality 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. F. The Planning Commission may hold one or more public hearings (up to the number described in Table 16.20.040) during the review period for a preliminary or final subdivision application. 1. The purpose of these public hearings 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. A notice of the time, date, place and purpose of the hearing shall be published in compliance with Utah State noticing requirements. In its deliberations on the matter, the Commission shall consider oral or written statements from the applicant, the public, City staff, and its own members. G. Other chapters of this Title notwithstanding, the Land Use Authorities shall approve or deny preliminary and final applications under this Chapter after reviewing the complete applications as described in this Section. (Ord. 2025-1, 2025: Ord. 2022-2, 2022: Ord. 2019-6, 2019: 2008-4, 2008: Ord. 2007-8, 2007: Ord. 2003-4 §§ 1, 2, 2003: Ord. 2002-2 § 2, 2002: Ord. 2000-17 § 2: Ord. 94-3 § 1)