(A) General.
(1) Following a determination of a complete preliminary subdivision application by the Zoning Administrator, the preliminary subdivision application shall be scheduled for a public hearing and consideration by the Planning Commission.
(2) The Planning Commission shall schedule the public hearing and consider the preliminary subdivision application at a regular Planning Commission meeting, with notice of the meeting being provided as required by this chapter and providing necessary applicant notice as required by § 152.132 of this chapter.
(B) Information to be provided for consideration with the preliminary subdivision application.
(1) The South West Utah Public Health Department or the state’s Department of Environmental Quality, as applicable, shall present information approving the feasibility of the culinary water system and sources for the subject property, and the sanitary sewer services or onsite wastewater systems for the subject property to the Planning Commission for review in considering the preliminary subdivision application.
(2) The town’s Fire Authority shall present information recommending necessary fire protection and suppression services and facilities to the Planning Commission for review in considering the preliminary subdivision application.
(3) An engineer approved by the town, the County Engineer, any affected special service district, special service area or any affected irrigation company may present information and materials to the Planning Commission for review in considering the preliminary subdivision application.
(C) Planning Commission recommendation.
(1) Following consideration of the preliminary subdivision application, and all information and materials presented, the Planning Commission may recommend approval of the preliminary subdivision application as presented, recommend approval of the preliminary subdivision application with conditions, or recommend denial of the preliminary subdivision application. In support of its recommendation, the Planning Commission must find that the proposed lot layout is respectful of and compatible with the:
(a) Terrain, avoiding natural hazards while preserving agricultural opportunities, riparian areas and wetlands, views, and other natural assets;
(b) Safe, adequate access to each lot; and
(c) Neighboring uses.
(2) The PC's recommendation may include lot size averaging as it is authorized in Chapter 153 of this Code.
(3) The Planning Commission may also recommend onsite and offsite improvements, facilities and amenities, the cost of which is provided 100% by the applicant for subdivision approval, and determined necessary by the Planning Commission to protect the health, safety and welfare of anticipated residents of the subdivision, or the existing residents of the town, including, but not limited to:
(a) Road and street improvements, including layout, design, grading and surfacing;
(b) Flood control facilities;
(c) Culinary water facilities;
(d) Sanitary sewer facilities;
(e) Fire protection facilities, including fire hydrants and water storage facilities;
(f) Storm drainage facilities;
(g) Park and open space areas and facilities;
(h) Irrigation facilities;
(i) Electrical power and telephone facilities; and
(j) Fencing and buffering treatments.
(4) The Planning Commission shall transmit its recommendation to the Town Council for consideration.
(D) Town Council consideration of preliminary subdivision application. Following receipt of the Planning Commission’s recommendation, the Town Council shall consider the Planning Commission’s recommendation, the preliminary subdivision application materials and all other information, at a regular Town Council meeting, with notice of the preliminary subdivision application agenda item being provided as required by this chapter.
(E) Information to be provided for consideration with the preliminary subdivision application.
(1) The South West Utah Public Health Department or the state’s Department of Environmental Quality, as applicable, shall present information approving the feasibility of the culinary water system and sources for the subject property, and the sanitary sewer services or onsite wastewater systems for the subject property to the Town Council for review in considering the preliminary subdivision application.
(2) The town’s Fire Authority shall present information recommending necessary fire protection and suppression services and facilities to the Town Council for review in considering the preliminary subdivision application.
(3) An engineer approved by the town, the County Engineer, any affected special service district, special service area or any affected irrigation company may present information and materials to the Town Council for review in considering the preliminary subdivision application.
(F) Town Council approval. Following consideration of the preliminary subdivision application and all information and materials presented, the Town Council shall approve the preliminary subdivision application as presented, approve the preliminary subdivision application with conditions or deny the preliminary subdivision application. The Town Council may require on-site and off-site improvements, facilities and amenities, provided 100% by the applicant for subdivision approval, and determined necessary by the Town Council to protect the public health, safety and welfare of anticipated residents of the subdivision, or the existing residents of the town, including, but not limited to:
(1) Road and street improvements, including layout, design, grading and surfacing;
(2) Flood control facilities;
(3) Culinary water facilities;
(4) Sanitary sewer facilities;
(5) Fire protection facilities, including fire hydrants and water storage facilities;
(6) Storm drainage facilities;
(7) Park and open space areas and facilities;
(8) Irrigation facilities;
(9) Electrical power and telephone facilities; and
(10) Fencing and buffering treatments.
(Ord. 49, passed 3-5-2003; Ord. 49A, passed 3-3-2004; Ord. 58, passed 5-8-2008, § 400-6; Ord. 2024-1, passed - -2024)