11-1-6.35.25 Completing a Final Plat Review

1. Check for Completeness: The City checks the submittal for completeness. a. If the submittal includes all materials, the City receives the submittal and starts the review. b. If the submittal is found to be incomplete, the submittal is returned to the applicant. No review shall commence until the City has made a determination that the application is complete. 2. City Review Time Frame: After a determination that the application submittal is complete, the City begins its review. The City has a thirty (30) day review window to conduct its review and provide comments to the applicant. a. Land Uses: 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 other multifamily development. 3. Water Conveyance Facilities: 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. a. 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 Use 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. b. Water Conveyance Facility: Shall mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or stormwater drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. See State Code 73-1-15.5-1b. 4. Attorney Review: During review, the City Attorney shall review the Final Plat and shall recommend approval if the attorney finds that: a. 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 Sanpete County Recorder's Office. b. The performance bond, escrow deposit, letter of credit, or trust deed with the City is in appropriate form and signed by the necessary parties. c. That the subdivision does not, in the attorney’s opinion, violate any ordinance of the City or the laws of the State of Utah of the rules and regulations promulgated pursuant thereto. 5. Determination of Corrections Required: Within the review window specified above the City shall complete a review of the Final Plat and all submittal contents and provide a response to the applicant. The City shall determine whether the completed application meets all requirements or requires corrective actions and shall notify the applicant in a written response. a. Application Requires Corrections: 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. b. Additional Information Required: The City may require additional information relating to the applicant’s plans to ensure compliance with municipal ordinances and approved standards and specifications. c. Application Meets All Standards: 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. 6. Application Expiration: An application is expired if the applicant does not respond to a request for corrections by submitting a complete resubmittal within twelve (12) months. 7. Resubmittal: If corrections were required, the applicant shall provide a resubmittal. The 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. 8. Check for Completeness: The City shall check 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. 9. Time Frame to Review: If the resubmittal is complete, the City shall review the application and provide written comments within the applicable review window, as outlined in subsection (7). a. Land Uses: 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. 10. Determination of Corrections Required: At the end of the City’s review, the City shall make a determination of corrections required, if any, and take action as outlined in subsection (10). 11. Dispute of Determination: If, on the fourth and final review, the City fails to respond within forty (40) business days, the City shall, upon request of the property owner, and within ten (10) business days after the day on which the request is received: a. Advise the applicant, in writing, of the deficiency in the application and the right to appeal the determination to a designated appeal authority. i. The appeal authority shall be the City Council.