In reviewing a completed subdivision land use application, the review cycles set forth in Utah Code sections 10-9a-604.1 and 10-9a-604.2, or successor provisions, shall apply.
A. In reviewing a completed subdivision land use application, the City may require:
1. additional information relating to an applicant’s plans to ensure compliance with City ordinances and approved standards and specifications for construction of public improvements; and
2. modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.
B. The City’s request for additional information or modifications to plans under Subsection (A)(1) or (2) shall be specific and include citations to ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.
C. The City will not require more than four complete review cycles.
D. 1. Subject to Subsection (D)(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 the City’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.
3. 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.
E. If an applicant does not submit a revised plan within 20 business days after the City requires a modification or correction, the City shall have an additional 20 business days to respond to the plans.
F. After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the City’s previous review cycle, the City 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.
G. 1. In addition to revised plans, an applicant shall provide a written explanation in response to the City’s 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 may not begin until all comments are addressed.
H. 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:
1. for a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Subsection 10-9a-508(5)(d) to review and approve or deny the final revised set of plans; 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 the hearing officer.
(Ord. 24-02)