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A. Review by City Staff. The members of the development review committee shall review the submitted application and plans for compliance with city code, state law, and any other applicable law. The city engineer will review the submitted application to determine what public improvements are required. As part of its review, the city must comply with the requirements of Utah Code Annotated Section 10-9a-603(3)(d), as amended, regarding notice to facility owners of water conveyance facilities.

B. Review Cycles.

1. For a residential subdivision for single family dwellings, two-family dwellings, or townhomes, the city must complete the initial review of the application, including subdivision improvement plans, no later than fifteen business days after the day on which an applicant submits a complete preliminary plat application.

2. In reviewing a preliminary plat the city may require (a) additional information relating to an applicant’s plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements; and (b) modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information. The city’s request for additional information or modifications to plans under this subsection must be specific and include citations to ordinances, standards, or specifications that require the modifications to plans, and must be logged in an index of requested modifications or additions.

3. After the city has requested additional information or modifications to plans, the applicant must provide revised plans to the city. In addition to revised plans, the applicant must provide 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. The applicant’s written explanation must be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction. If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed. If an applicant makes a material change to a plan set, the city has the discretion to restart the review process at the first review of the application but only with respect to the portion of the plan set that the material change substantively affects.

4. The city may require up to four review cycles for a preliminary plat application. After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the city’s previous review cycle, the city may not require additional revisions if the applicant has not materially changed the plan, other than changes that were in response to requested modifications or corrections. Unless a change or correction is necessitated by the applicant’s adjustment to a plan set or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in the city’s review is waived. However, a modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived.

5. If, on the fourth or final review, the city fails to respond within twenty business days, the city must, upon request of the property owner, and within ten business days after the day on which the request is received:

a. For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah Code Annotated Section 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 in accordance with Section 16.01.110.

6. If the applicant does not submit a revised plan within twenty business days after the city requires a modification or correction, the city shall have an additional twenty days to respond to the plans.

C. Public Hearing. After the city development review committee has determined that the proposed subdivision complies with state law and city code or after four complete review cycles, the planning commission will hold a public hearing on the preliminary plat and must approve or deny the application. The public hearing must be noticed as outlined in Section 17-3-9 and in accordance with state law. (Ord. 2024-01 § 1 (Att. A))