(A) After the preliminary subdivision application has been determined to be complete by the city but prior to the Planning Commission considering the preliminary subdivision application.
(1) The Zoning Administrator, City Recorder, and City Engineer shall review the preliminary subdivision application for compliance to all requirements of this chapter and other land use ordinances and requirements, as applicable. The review shall be completed within 17 calendar days.
(2) The results of the Zoning Administrator, City Recorder, and City Engineer review, including all review comments and any recommendations, shall be provided to the Planning Commission, and shall be provided to the City Council, as applicable.
(B) Prior to the Planning Commission considering a preliminary subdivision application at a public meeting, the applicant is required and shall ensure that the following approvals and recommendations are provided with the information and materials provided to the Planning Commission and City Council:
(1) Written approval of the feasibility of the proposed culinary water system and culinary water sources, provided by the City Engineer;
(2) Written approval of the feasibility of the proposed sanitary sewer system, provided by the Bear River Health Department when a septic system is proposed. Also, written verification from Bear River Heath Department verifying that each lot of the proposed subdivision has passed percolation test for an on-site septic. When the city’s sewer system use is proposed, the city’s sewer system operator’s and the City Engineer’s written approval is required;
(3) If the proposed subdivision will be accessed from a state highway, an appropriate access permit, as required by the state’s Department of Transportation, shall be provided. If the subdivision will be accessed from a county road, authorization from the county to allow the subdivision access from a county road shall be provided;
(4) A written recommendation of the proposed stormwater management, storm drainage and flood control facilities, provided by the City Engineer;
(5) A written recommendation of the proposed fire protection, fire suppression, and fire access facilities, provided by the fire district and City Engineer;
(6) A written recommendation of the proposed natural gas facilities, provided by Dominion Energy;
(7) A written recommendation of the proposed electrical power facilities, provided by Rocky Mountain Power;
(8) A written statement from Bear River Canal Company that 0.5 shares per residential unit are available and will be transferred to the city for the development of the subject property;
(9) All necessary approvals and/or permits from federal, state, and local agencies, as may be applicable; and
(10) A written recommendation of the proposed field drain management or relocation plan and field drain clean-out facilities, provided by the City Engineer.
(C) All Zoning Administrator and City Recorder review meeting comments, necessary approvals, and recommendations provided to the Planning Commission and City Council for consideration related to a preliminary subdivision application shall also be provided to the applicant, a minimum of three business days, before any public meeting at which the preliminary subdivision application is considered by the Planning Commission and/or City Council.
(D) (1) The Planning Commission shall consider all information and materials received and shall formulate and transmit a recommendation to the City Council, as applicable, on the preliminary subdivision application for consideration.
(2) The Planning Commission may:
(a) Recommend approval of the preliminary subdivision application, as presented;
(b) Recommend approval of the preliminary subdivision application with requirements and/or conditions; or
(c) Recommend denial of the preliminary subdivision application.
(3) When the Planning Commission makes their recommendation to the City Council, the Planning Commission will issue findings of compliance or noncompliance with this chapter, the city’s other land use ordinances and all other requirements, as applicable.
(4) The Planning Commission may recommend on-site and off-site improvements, facilities, services, and amenities, which are provided 100% by the applicant for preliminary subdivision application approval. Such improvements, facilities, services, and amenities being determined to be consistent with the requirements of § 150.013 herein, 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) Storm drainage facilities;
(f) Field drain facilities;
(g) Erosion control facilities;
(h) Traffic circulation and access management facilities;
(i) Lot, parcel, and/or site drainage;
(j) Park and open space areas and facilities;
(k) Fire protection and suppression facilities, including fire hydrants, fire access, and water storage facilities;
(l) Electrical power and telecommunications facilities;
(m) Natural gas facilities;
(n) Fencing and buffering treatments;
(o) Street lighting facilities; or
(p) Streetscape enhancements, including street trees and park strip improvements.
(E) Following the receipt of a Planning Commission recommendation for a preliminary subdivision application, the City Council shall consider the application at a regularly scheduled Council meeting.
(F) (1) Following the consideration of the preliminary subdivision application, the recommendation of the Planning Commission, and all information and materials presented, the City Council, as applicable, acting as the land use authority, may:
(a) Approve the application, as presented;
(b) Approve the application with requirements; or
(c) Deny the application.
(2) The City Council will issue findings of compliance or noncompliance with this chapter, the city’s other land use ordinances and all other requirements, as applicable.
(3) The City Council, as applicable, may require on-site and off-site improvements, facilities, services, and amenities, which are provided 100% by the applicant for preliminary subdivision application approval. Such improvements, facilities, services, and amenities being determined consistent with the requirements of § 150.013 herein, 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) Storm drainage facilities;
(f) Field drain facilities;
(g) Erosion control facilities;
(h) Traffic circulation and access management facilities;
(i) Lot, parcel, and/or site drainage;
(j) Park and open space areas and facilities;
(k) Fire protection and suppression facilities, including fire hydrants, fire access, and water storage facilities;
(l) Electrical power and telecommunications facilities;
(m) Natural gas facilities;
(n) Fencing and buffering treatments;
(o) Street lighting facilities; or
(p) Streetscape enhancements, including street trees and park strip improvements.
(Ord. 2021-019, passed 9-8-2021; Ord. 2022-001, passed 1-11-2022) Penalty, see § 150.999