A. Cedar Hills requires the following review cycles with no more than four in total permitted:
1. No more than two review cycles may be required during the Preliminary phase, and no more than two review cycles may be required during the Final phase.
B. 1. Subject to Subsection B.2., unless the 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 a municipality’s plan review is waived.
2. A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived.
C. 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 final application, but only with respect to the portion of the plan set that the material change substantively effects.
D. If an applicant does not submit a revised plan within 20 business days after the municipality requires a modification or correction, the municipality shall have an additional 20 business days to respond to the plans.
E. After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the municipality’s previous review cycle, the municipality 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.
F. 1. In addition to revised plans, an applicant shall provide a written explanation in response to the City’ review comments, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any.
2. 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.
3. If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle by the City may not begin until all comments are addressed.
G. 1. If, on the fourth or final review, the City fails to respond within 20 business days, the City shall, upon request of the property owner, and within 10 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 Subsection 10-9a-508(5)(d) et seq. to review and approve or deny the final revised set of plans. Unless otherwise agreed by the applicant and the municipality, the panel shall consist of the following three experts:
(1) One licensed engineer, designated by the City;
(2) One licensed engineer, designated by the land use applicant; and
(3) One licensed engineer, agreed upon and designated by the two designated engineers as appointed in subsection G.1.a.(1) and (2) of this section.
b. A member of the panel assembled by the City under Subsection G.1.a. of this section may not have an interest in the application that is the subject of the appeal.
c. The land use applicant shall pay:
(1) 50% of the cost of the panel; and
(2) The City’s published appeal fee; or
2. 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. (Ord. 01-09-2024A, 1-9-2024)
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