11-1-6.30.35 Review Cycles

1. Information Availability: a. The City shall provide or have available on the City’s website: i. A copy of the applicable land use ordinance. ii. A complete list of standards required for the project. iii. Preliminary and final application checklists. 2. Submittal Review: a. The City shall review the submittal for completeness. If complete, the City will start the review cycle. If incomplete, the submittal will be returned to the applicant. 3. Review Timeline: a. Within forty (40) days the City shall complete a review of the Preliminary Plat and Subdivision Improvement Plan, except as follows: i. The review cycle dates restrictions and requirements do not apply to the review of subdivision applications affecting property within identified geological hazard areas. ii. The review cycle number of days only applies to single family, two family, and townhome developments. It does not apply to other land uses, such as commercial, industrial, or mixed use. b. If the location is within one hundred (100) feet of a water conveyance facility, within twenty (20) calendar days after receipt of the completed application, the City shall notify in writing the Water Conveyance Facility Owner(s) of the Application and request comments related to the following aspects of the water conveyance facility: access, maintenance, protection, safety, and any other issues related. i. Any Water Conveyance Facility shall have at least twenty (20) days to respond. While the City may provide comments to the applicant before this twenty (20) day window is complete, the Administrative Land Authority shall not grant approval until after at least twenty (20) days after the day on which the City mailed notice to the Water Conveyance Facility. ii. Water Conveyance Facility: Shall mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. See State Code 73-1-15.5-1b. c. After review, the City will determine if the completed application meets all requirements or requires corrective actions and shall notify the applicant in a written response: i. If the application is found to require corrections, the City must be specific and cite the ordinance, statute, or specifications that require the modification. Comments shall be logged in an index of requested modifications or additions. The required corrections are sent to the applicant to prepare a resubmittal. ii. The City may require additional information relating to the applicant’s plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements iii. If the applicant is found to meet all codes, standards, and specifications, the application is forwarded to the Administrative Land Use Authority for review and approval. d. After receiving the list of required modifications or additions, the applicant’s resubmittal shall include a written explanation in response to each of the municipality’s review comments, identifying and explaining the applicant’s revisions or reasons for declining to make the revisions. i. A Preliminary Plat and Subdivision Improvement Plan application expires if a complete resubmittal is not made within twelve (12) months from the time the City provides comments to the applicant. e. The City shall review the resubmittal to ensure that the applicant has responded to each item logged in the index of requested modifications or additions. If the response does not address each item, the City shall return the submittal to the applicant. i. If the resubmittal is complete, the City shall accept the application for a second review cycle. The time frame to complete the review depends on how quickly the applicant was able to respond to the corrections in full and if the applicant made any material changes. 1. If the applicant responded within forty (40) days, the City has forty (40) days to complete the second review cycle. 2. If the applicant responded after forty (40) days, the City has sixty (60) days to complete the second review cycle. 3. If the applicant made a material change that merits a new review, then the review shall restart at the first review cycle as it relates to the new material. ii. The review cycle number of days only applies to single family, two family, and townhome developments. It does not apply to other land uses, such as commercial, industrial, or mixed use. f. If the City neglects to include a required change or correction in the initial review process, the modification or correction can only be imposed on subsequent reviews if it is necessary to protect public health and safety or to enforce state or federal law. g. If the City determines that the resubmittal is now complete and meets all codes, standards, and specifications, the resubmittal shall be forwarded to the Administrative Land Use Authority for preliminary plan review. h. If the City finds the resubmittal does not comply with all applicable codes, standards, and specifications, another review letter and index of requested modifications or additions shall be created and sent to the applicant. This shall be provided to the applicant up until the fourth review cycle, at which point the application shall be forward or to the Administrative Land Use Authority for review with a recommendation that the application does not meet all codes, standards, and specification. The applicant may appeal this determination as outlined in Utah Code 10-9a-604.2(11), as amended. i. If, on the fourth and final review, a municipality fails to respond within forty (40) business days, the municipality shall, upon request of the property owner, and within ten (10) business days after the day on which the request is received: i. 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 ii. 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 a designated appeal authority. 1. The appeal authority shall be the City Council. 4. Completing a Preliminary Subdivision Application Review a. Review Process: i. The Planning Commission shall act on the preliminary plan application at the next available meeting after completion of the review cycles. The Administrative Land Use Authority may approve, deny, or approve with conditions the proposed Preliminary Plan. b. Duration i. Preliminary Plan Approval Duration: 1. Application Expiration: a. A Preliminary Plan application expires if not approved by the City within twelve (12) months from the time of submission and acceptance. 2. Approval Validity: a. Approval of the Preliminary Plan is valid for twelve (12) months after approval. b. For multi-phase plans, the Preliminary Plan remains active provided a Final Plat is recorded at least every twelve (12) months. If a Final Plat is not recorded within this period, the Preliminary Plan must be resubmitted for re-approval. c. Subdivision Improvement Plan Requirements i. As part of the subdivision approval process, the applicant must submit a comprehensive Subdivision Improvement Plan along with the plat. This plan must include the civil engineering designs related to the required infrastructure improvements and municipally-controlled utilities for the subdivision. The following documents must be submitted with the Plat and are considered part of the application: 1. Utility and Easement Layouts: a. Drawings must show the layout, profile, and detailed design of all utilities and easements, including existing fences. b. Statements from relevant utility companies (e.g., water, sewer, electric, gas, telephone) confirming service availability to the subdivision must be provided. c. All existing rights of way and recorded easements must be accurately depicted on the plat. d. Every water conveyance facility, whether recorded or not, must also be clearly indicated on the plat. 2. Roads and Drainage Structures: a. Plan, profile, and typical cross-section drawings must be provided for all roads, bridges, culverts, sewers, and other drainage structures within the subdivision. 3. Grading and Drainage Plan: a. The grading plan must show proposed solid line contours superimposed on dashed line contours of the existing topography within the area of the Final Plat. b. Contours should be at two-foot intervals for areas with slopes between level and five percent grade. c. For areas with slopes over five percent, five-foot contour intervals should be used. d. In cases of predominantly level terrain, one-foot contour intervals may be required. 4. Erosion Control Plan: a. An erosion control plan, if required based on the Preliminary Plat review, must be submitted.