16.03.040 Final subdivision plat approval process.
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.
1. The city planning director or designee shall review the application for compliance with all state and local zoning regulations and shall forward the application to other members of the development review committee for review.
2. The city engineer shall:
a. Review all required construction drawings. The city engineer shall not approve the construction drawings unless they comply with generally accepted engineering standards, the city’s construction standards and specifications and any other specifications, standards or policies established by the city;
b. Make recommendations to the development review committee in accordance with city requirements concerning the final plat or construction drawings; and
c. Prior to recording, review the final plat and surveyor’s certification for acceptability.
3. All other members of the development review committee shall review the application for compliance with state, local, and federal laws and regulations related to their area of expertise.
B. Review Cycles.
1. For a residential subdivision for single family dwellings, two-family dwellings, or townhomes, the city shall complete the initial review of the application, including all subdivision plan reviews no later than twenty business days after the day on which an applicant submits a complete final subdivision application.
2. In reviewing a final subdivision 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 shall be specific and include citations to ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.
3. After the city has requested additional information or modifications to plans, the applicant shall provide revised plans to the city. In addition to revised plans, an applicant shall 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 shall 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 final subdivision 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 shall, 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), as amended, 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 a designated appeal authority.
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. After all review cycles and prior to final approval of the final subdivision application, the applicant shall complete the required subdivision improvements or shall provide adequate completion assurance pursuant to Section 18.01.020.
D. The development review committee shall approve the final plat if it meets the requirements of the preliminary plat and all applicable laws, ordinances, codes, and regulations. The development review committee may deny approval of the final plat if the plat does not comply with all applicable laws, ordinances, codes, and regulations. If the request for final plat approval is denied, the development review committee shall state the reasons for the denial in writing.
E. After the development review committee has approved the final plat, the applicant shall print the final plat on linen or Mylar and obtain the necessary signatures prior to recording.
F. Within thirty days of approval, city staff shall submit an electronic copy of the final plat to the Utah Geospatial Resource Center as required by Utah Code Annotated Section 10-9a-603(5), as amended.
G. The owner(s) of an acknowledged, certified, and approved plat shall record the plat in the county recorder’s office. (Ord. 2024-01 § 1 (Att. A))