Chapter 17.35
REVIEW AND APPROVAL PROCESS IN COMPLIANCE WITH UTAH STATE CODE
Sections:
17.35.040 Process for a preapplication meeting prior to application submission.
17.35.050 Establishment of process and application for preliminary subdivision application.
17.35.060 Establishment of process and application for final subdivision application.
17.35.070 Process for review of preliminary and final applications.
17.35.010 Applicability.
(1) This chapter applies to land use decisions arising from subdivision applications for single-family dwellings, two-family dwellings, or townhomes.
(2) This chapter does not apply to land use regulations adopted, approved, or agreed upon by the city council exercising land use authority in the review of land use applications for zoning or other land use regulation approvals.
(3) The review cycle restrictions and requirements of this chapter do not apply to the review of single-family dwellings, two-family dwellings, or townhomes subdivision applications affecting property within identified geological hazard areas under the city code.
(4) Riverton City does not permit concurrent processing of the final subdivision plat with the preliminary subdivision plat application.
(5) This chapter supersedes any conflicting language in the Riverton City Code. [Ord. 24-01 § 1 (Exh. A).]
17.35.020 Defined terms.
“Administrative land use authority” means an individual, board, or commission, appointed or employed by Riverton City, including the staff or the planning commission.
“Administrative land use authority” does not include the municipal city council or a member of the city council.
“Complete application” will include all required materials listed in the application and associated checklist(s).
“Review cycle” means the occurrence of:
(a) The applicant’s submittal of a complete subdivision land use application;
(b) The city’s review of that subdivision land use application;
(c) The city’s response to that subdivision land use application, in accordance with this chapter; and
(d) The applicant’s reply to the city’s response that addresses each of Riverton City’s required modifications or requests for additional information.
“Subdivision improvement plans” means the civil engineering plans associated with required infrastructure and municipally controlled utilities required for a subdivision.
“Subdivision ordinance review” means review by the city to verify that a subdivision land use application meets the criteria of the city’s subdivision ordinances.
“Subdivision plan review” means a review of the applicant’s subdivision improvement plans and other aspects of the subdivision land use application to verify that the application complies with municipal ordinances and applicable standards and specifications. [Ord. 24-01 § 1 (Exh. A).]
17.35.030 Designation of a single administrative land use authority for review and approval of preliminary and final subdivision applications.
(1) Preliminary Subdivision Applications. Riverton City hereby designates the planning commission to review and approve preliminary subdivision applications.
(2) Final Subdivision Applications. Riverton City hereby designates the development services director or designee to review and approve final subdivision applications. [Ord. 24-01 § 1 (Exh. A).]
17.35.040 Process for a preapplication meeting prior to application submission.
(1) If an applicant requests a preapplication meeting, Riverton City shall, within 15 business days after the request, schedule the meeting to review the concept plan and give initial feedback.
(2) At the preapplication meeting, the staff shall provide or have available on the city website the following:
(a) Copies of applicable land use regulations;
(b) A complete list of standards required for the project;
(c) Preliminary and final application checklists; and
(d) Feedback on the concept plan. [Ord. 24-01 § 1 (Exh. A).]
17.35.050 Establishment of process and application for preliminary subdivision application.
(1) Preliminary Subdivision Application. The application for preliminary subdivision applications and materials can be found on the city’s website and at the city office.
(2) Review Process and Timing.
(a) City staff shall complete a review of the applicant’s preliminary subdivision land use application to determine if it is a complete application.
(b) No later than 15 business days after the day on which an applicant submits a complete application, city staff shall complete a review of the applicant’s preliminary subdivision land use application for a residential subdivision for single-family dwellings, two-family dwellings, or townhomes, including subdivision improvement plans.
(c) In reviewing the preliminary subdivision land use application, the city may require:
(i) Additional information relating to an applicant’s plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements; and
(ii) Modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.
(iii) The city’s request for additional information or modifications to plans under subsection (2)(c)(i) or (ii) of this section shall be specific and include citations to all city ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.
(d) City staff shall review the applicant’s resubmittal to determine if it is a complete resubmittal, including all additional information requested.
(e) City staff shall determine when the application and plans are ready for presentation to the administrative land use authority, and notice the application for a public hearing.
(f) The administrative land use authority will:
(i) Hold a public hearing to review the preliminary application; and
(ii) Receive public comment; and
(iii) Hold no more than one public hearing. [Ord. 24-01 § 1 (Exh. A).]
17.35.060 Establishment of process and application for final subdivision application.
(1) Final Subdivision Application. The application for final subdivision applications and materials can be found on the city’s website and at the city office.
(2) City staff shall complete a review of the applicant’s preliminary subdivision land use application to determine if it is a complete application.
(3) Review Process and Timing.
(a) No later than 20 business days after the day on which an applicant submits a complete application, city staff shall complete a review of the applicant’s final subdivision land use application for a residential subdivision for single-family dwellings, two-family dwellings, or townhomes including all subdivision plan reviews.
(b) In reviewing the final subdivision land use application, the city may require:
(i) Additional information relating to an applicant’s plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements; and
(ii) Modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.
(c) The city’s request for additional information or modifications to plans under subsection (3)(b)(i) or (ii) of this section shall be specific and include citations to all city ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions. [Ord. 24-01 § 1 (Exh. A).]
17.35.070 Process for review of preliminary and final applications.
(1) A review cycle begins when an application or resubmittal is determined to be complete.
(2)(a) Subject to subsection (2)(b) of this section, 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 Riverton City’s plan review is waived as required by Utah State Code.
(b) 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.
(4) If an applicant does not submit a revised plan within 20 business days after Riverton City requires a modification or correction, Riverton City shall have an additional 20 business days to respond to the plans.
(5) After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in Riverton City’s previous review cycle, Riverton 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.
(6)(a) 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.
(b) 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.
(c) 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.
(7) 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 Utah Code Section 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 Riverton City, the panel shall consist of the following three experts:
(i) One licensed engineer, designated by the city;
(ii) One licensed engineer, designated by the land use applicant; and
(iii) One licensed engineer, agreed upon and designated by the two designated engineers as appointed in subsections (7)(a)(i) and (ii) of this section.
(b) A member of the panel assembled by the city under subsection (7)(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:
(i) Fifty percent of the cost of the panel; and
(ii) The city’s published appeal fee; or
(iii) 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. 24-01 § 1 (Exh. A).]