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If any section, provision, sentence or clause of this title is declared unconstitutional by a court of competent jurisdiction, such determination shall not impair the validity of the remainder of this title which shall remain in full force and effect. (Ord. 13-01, 4-16-2013)
A. The subdivider shall prepare a plat consistent with the standards contained herein and shall pay for the design and inspection of the public improvements required. The City shall process said plats in accordance with the regulations set forth herein.
B. Following a determination of a complete subdivision application by the Planning and Zoning Commission, the subdivision application shall be scheduled for consideration by the Planning and Zoning Commission at a regular meeting.
1. Notice of the meeting shall be provided as required by the Open and Public Meetings provisions of Utah Code Annotated (1953, as amended) title 52, chapter 4, and within section 10-9a, part 2, Utah Code Annotated (1953, as amended).
2. Additional notice shall be provided by U.S. mail to all owners of record of real property adjacent to the subdivision site.
C. Proposed subdivisions shall be referred by the Zoning Administrator to such departments and special districts, governmental boards, bureaus, utility companies, and other agencies which will provide public and private facilities and services to the subdivision for their information and comment. The Planning and Zoning Commission is responsible for coordinating the comments received from all public and private entities and shall decide which agencies to refer the proposed subdivisions to.
D. The Planning and Zoning Commission shall make comments as to engineering requirements for street widths, grades, alignments and flood control, whether the proposed public improvements are consistent with this title and other applicable ordinances and policies, and for the inspection and approval of all construction of public improvements.
E. The Planning and Zoning Commission shall act as an advisory agency to the City Council. It is charged with making investigations, reports and recommendations on proposed subdivisions as to their conformance to the City General Plan, land use ordinance, and other pertinent documents. The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the preliminary and final plats to the City Council.
F. The Zoning Administrator shall approve the form of the final plat, that the subdivider dedicating land for use of the public is the owner of record, and that the land is free and clear of unacceptable encumbrances according to the title report.
G. The City Council has final jurisdiction in the approval of subdivision plats; the establishment of requirements for and design standards of public improvements; and the acceptance of lands and public improvements that may be proposed for dedication. (Ord. 13-01, 4-16-2013)
No excavation, grading or regarding, or removal of vegetation for a proposed subdivision site shall take place and no building permits shall be issued, until a proposed subdivision has received approval from the City Council or authorized designee, and the subdivision has been recorded in the Office of the Cache County Recorder. (Ord. 13-01, 4-16-2013)
The lack of any information required by this title, or improper information supplied by the applicant, shall be cause for the City Zoning Administrator to find the subdivision application incomplete. An incomplete subdivision application shall be prohibited from being scheduled on a Planning and Zoning Commission meeting agenda. The Planning and Zoning Commission shall not consider any material, items or other information related to the proposed subdivision if the application is incomplete. If the City Zoning Administrator determines that the subdivision application lacks any information as required by this title, the Zoning Administrator shall notify the applicant of the information lacking from the subdivision application. The Zoning Administrator shall allow sixty (60) days from the date of notification of an incomplete subdivision application for the applicant to provide the required information and provide a complete subdivision application to the Zoning Administrator. If the application for a subdivision approval remains incomplete after sixty (60) days from date of notification of an incomplete subdivision application, the Zoning Administrator shall return the entire incomplete subdivision application to the applicant, accompanied by all subdivision application fees paid less any administrative expenses incurred by the City to process the application. (Ord. 13-01, 4-16-2013)
The approval of a preliminary or final subdivision plat shall be effective for a period of one year from the date the plat is approved by the City Council. If the approved plat is not recorded within one year from the date of approval the plat and approval shall be void, and the applicant shall be required to submit a new application for review and approval subject to the existing provisions of this title and all other applicable local, State, and Federal requirements in effect at the time of the submission of the application. (Ord. 13-01, 4-16-2013)