A. The respective Land Use Authorities or their designees shall review all subdivision applications under this Chapter in accordance with the requirements of this Section before approving or denying those applications.
B. For both preliminary and final applications, the review process begins when an applicant submits a complete application.
1. The respective Land Use Authorities or their designees shall not review an incomplete preliminary or final subdivision application, except to determine whether the application is complete.
2. If the appropriate Land Use Authority or its designees determines that a preliminary or final application is incomplete, it shall notify the applicant of the incompleteness, highlighting any insufficiencies and explaining that the application will not be reviewed until completed.
C. Preliminary Review: After the applicant submits a complete preliminary application, the Land Use Authority or its designees shall review and provide feedback to the applicant in up to three “review cycles.”
1. A review cycle consists of the following phases:
a. Phase #1: The applicant submits a complete application (or, if after the first cycle, submits a revised version of the complete application).
b. Phase #2: The Land Use Authority reviews the application in detail and assesses whether the application conforms to City ordinances.
c. Phase #3: The Land Use Authority responds to the applicant, citing any missing requirements or areas of noncompliance and providing a detailed list of necessary revisions to the applicant, within 15 business days after the applicant submitted the complete application. For any required modification or addition to the application or request for more information, the Land Use Authority shall be specific and include citations to ordinances, standards, or specifications that require the modification and shall provide the applicant with an index of all requested modifications or additions.
d. Phase #4: The applicant revises the application, addressing each comment or requirement the Land Use Authority made. The applicant must submit both revised plans and a written explanation in response to the Land Use Authority’s review comments, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any. This written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances and an index of requested revisions or additions for each required correction. If the applicant fails to respond to a comment made by the Land Use Authority in its review, the review cycle is not complete and will remain open until the applicant addresses all comments.
2. Unless otherwise decided by the Planning Commission, the City Engineer, with help from other City staff, shall receive, review, and respond to preliminary applications (completing Step #2 and Step #3) during the first two review cycles. The Planning Commission will then review the application and either request further changes in the third review cycle or approve the application.
a. The Planning Commission may review a preliminary application at any time at its own request or the request of the City Engineer.
D. Final Review: Once the Planning Commission has approved an applicant’s preliminary application and once the applicant submits a complete final application, the ALUA shall review and provide feedback to the applicant in up to one review cycle. This review cycle functions as described in 16.14.090
.C.1, except that the Land Use Authority shall have 20 business days to review and respond to the applicant’s final application (completing Step #2 and Step #3).
E. The City shall not require more than three review cycles for a preliminary application and one for a final application under this Chapter. If no further revisions are needed, the Planning Commission or ALUA, respectively, may end a review period early and approve or deny the preliminary or final application.
1. If the applicant makes a material change to a preliminary or final application not requested by the City at any point in the review process, the appropriate Land Use Authority may restart the review process, but only with respect to the portion of the application that the material change substantively affects.
2. If an applicant does not submit a revised application (beginning Phase #1 of the next review cycle or triggering an approval decision) within 20 business days after the City requires a modification or correction (in Phase #3 of the past review cycle), the City shall have an additional 20 business days to review and respond to the application (completing Phases #2 and #3 of the next review cycle).
3. This provision notwithstanding, any subdivision application affecting property within identified geological hazard areas is exempt from review cycle restrictions and requirements.
F. After the third preliminary review cycle or the final review cycle is complete, the Planning Commission or ALUA shall approve or deny the respective preliminary or final application within 20 business days.
1. If the appropriate Land Use Authority has not approved or denied the application within 20 business days after the allotted review cycles are complete, the applicant may request a decision. After such a request, the City shall, within 10 business days:
a. For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah Code §10-9a-508(5)(d) to review and approve or deny the 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 the designated Appeal Authority.
G. After the ALUA provides comments in the final review cycle, the City shall not require further modifications or corrections to an application unless those modifications or corrections are needed to protect public health and safety or to enforce state or federal law or unless the review cycle reset due to the applicant making a material change that the Planning Commission or the ALUA did not request.
1. With the exception of modifications or corrections that are needed to protect public health and safety, that are needed to enforce state or federal law, or that arise from the review cycle being reset, the City waives noncompliant subdivision-related requirements that the Planning Commission and the ALUA do not identify during the review process.
2. The applicant shall make reasonable changes, unless prohibited otherwise by a contract or deed, to the subdivision application to accommodate water conveyance facilities to the extent required by Utah Code § 73-1-15.5.
H. The Planning Commission may hold one or more public meetings during the review period of a preliminary application under this Chapter for the purpose of reviewing or approving such application.
1. All public meetings to review a preliminary subdivision application must occur before the end of the City’s review period in the third review cycle. Scheduling issues shall not extend the review and approval deadlines in this Chapter.
2. The applicant shall attend all public meetings held to discuss the applicant’s preliminary subdivision application. Unless waived by the Planning Commission on a case-by-case basis, attendance at such meetings is a requirement for submitting a complete final application.
I. Other chapters of this Title notwithstanding, the Planning Commission and the ALUA, respectively, shall approve or deny preliminary and final applications under this Chapter after reviewing the complete applications as described in this Section. (Ord. 2024-06)