17.12: Document Submission and Review
Chapter 17.12
DOCUMENT SUBMISSION
AND REVIEW
Sections:
17.12.010 Application review--Submittal defined.
17.12.020 Time periods for planning commission and city council action.
17.12.030 Fees.
17.12.040 Review docketing.
17.12.050 Approval, denial, continuing.
17.12.060 Number of copies required.
17.12.070 Formal action.
17.12.080 Public hearing.
17.12.090 Notice to property owners --Responsibility.
17.12.100 Application forms.
17.12.110 Plan retention.
17.12.120 Steps for site plan application submittal.
17.12.130 Amended site plans.
17.12.140 Temporary sites for permitted uses.
17.12.150 Steps for subdivision application submittal and approval.
17.12.160 Preliminary and final plans submittal.
17.12.170 Review--Preliminary design by Planning Commission.
17.12.180 Review--Preliminary by the City Council.
17.12.190 Review--Final plat.
17.12.200 Repealed, Duplicate of 17.12.170
17.12.210 Plat expiration.
17.12.220 Phase development.
17.12.230 Appeals.
Section 17.12.010 Application review--Submittal defined.
Whenever applications to the planning commission and city council for formal action are required by this chapter, "submission to the planning commission" is defined as submission of such applications at a regularly scheduled public meeting of the planning commission. (Ord. no.111 §1(part), 1985; prior code §12-103-1(A).)(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.020 Time periods for planning commission and city council action.
Time periods for planning commission and city council action shall not begin to run until after complete applications are officially received by the planning director on the established application submittal date. (Ord. no.111 §(part), 1985; prior code §12-103-l(B).)(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.030 Fees.
Fees may be charged to applicants for zoning amendments, impact fees, building permits, occupancy permits, conditional use permits, design review, site plans, temporary site plans, amended site plans, planning commission and board of adjustment hearings, and such other services as are required by this division to be performed by public officers or agencies. Such fees shall be established by the governing body by resolution and shall be in amounts reasonably needed to defray costs to the public. (Ord. no. 111 §1(part), 1985; prior code §12-103-1(D).)(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.040 Review docketing.
Upon receipt of all required writings, fees and materials for any specific stage of development review committee procedure, the Planning Commission and City Council shall docket the application for review. Incomplete submissions shall not be docketed for planning commission review. (Ord. no. 111 §1(part), 1985; prior code §12-103-1(E).)(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.050 Approval, denial, continuing.
At each step of the review procedure, the planning commission shall approve, continue, or deny the materials submitted to it, and where applicable shall approve, continue, or deny the entire application or any portion thereof. Any approval or disapproval made by the planning commission and/or City Council shall be in the form of findings of fact and conclusions, which findings and conclusions shall be made available to the applicant and all parties concerned by the planning commission within forty-five (45) calendar days of the planning commission meeting at which the application was reviewed. (Ord. no.111 §1(part), 1985; prior code §12-103-1(F).)(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.060 Number of copies required.
A minimum of four (4) copies of all required materials along with a reduced size of 81/2" by 11" copy shall be submitted to the planning commission at each step of the review process. Additional copies may be required by resolution of the planning commission. (Ord. no. 111 §1(part), 1985; prior code §12-103-1(G).)(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.070 Formal action.
Formal action on any application, i.e., action approving or denying an application, shall be taken only at regularly scheduled or officially called meetings of the planning commission. (Ord. no. 111 §1(part), 1985: prior code §12-103-1(H).)(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.080 Public hearing.
Unless specifically required by this division, or other applicable law, no public hearing need be held. However, a hearing may be held when the planning commission shall deem such a hearing to be necessary and in the public interest. Whenever a public hearing is held, notice thereof shall be given as required by applicable law or if there is no otherwise applicable law, then by a method reasonably calculated to give notice to interested parties. Such notice shall be given a minimum of fourteen (14) calendar days prior to the public hearing or as required by state law, whichever period of time is greater. Failure of interested parties to receive actual notice of such hearing shall in no way affect the validity of action taken. (Ord. no. 111 §1 (part), 1985; prior code §12-103-1(I).)(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.090 Notice to property owners --Responsibility.
It shall be the property owner's or developer's responsibility to notify in writing all property owners within seven hundred fifty (750) feet of a proposed subdivision, commercial or industrial venture. A certified copy of the letter and mailing list will be submitted to the planning commission upon date of action that neighboring property owners have been properly noticed. (Ord. no. 111 §1(part), 1985; prior code §12-103-1(J).)(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.100 Application forms.
Application for any required planning commission action shall be submitted on forms prepared for that purpose by the planning commission. Applications shall be required for all developments. (Ord. no. 111 §1(part), 1985; prior code §12-103-1(K).)(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.110 Plan retention.
Plans, specifications and reports for all applications submitted to the local jurisdiction shall become the property of the public and shall be retained by the local jurisdiction for a minimum period of two (2) years. (Ord. no. 111 §1(part), 1985; prior code §12-103-1(L).)(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.120 Steps for site plan application submittal.
Applications shall be submitted and reviewed in steps. Each step shall be reviewed by the planning commission staff and recommendations forwarded to and reviewed by the planning commission before any action shall be taken by that body. The steps in the submissions approval process are as follows:
1. Site plan submittal. A site plan shall be submitted to the City for review and approval before any person or entity may proceed with any of the following activities:
a. Development or construction on a site located in a non-residential zone.
b. Revisions or additions to any existing non-residential zone.
c. Obtaining a conditional use permit.
d. Obtaining an amendment to an existing conditional use permit.
e. Obtaining a temporary use permit.
The site plan shall be submitted to the Planning Department. The applicant shall pay a fee in an amount established by Resolution of the City Council at the time the site plan is submitted. No development, construction, revisions or additions shall take place on the site until the site plan has been approved by the appropriate body, the necessary bonds have been posted, and the appropriate permits and/or licenses have been obtained.
2. Contents of site plan submittal: The site plan shall be a document consisting of one (1) or more pages of maps and drawings drawn to scale. The applicant shall submit four (4) copies of the proposed site plan to the Planning and Building Department. One of the copies shall be 8 ˝ “ x 11 and the others shall be full-sized, but not larger than 24"x 36". The proposed site plan shall be drawn to an engineer scale not less than one inch (1") or more to sixty feet (60'). The site plan shall be designed and drawn to meet all requirements of the Lindon City Land Development Policies, Standard Specifications, and Drawings. This can be purchased at the Lindon City Community Development Department. In addition the following notes shall be on all site plans:
a. The applicant is responsible for compliance with all requirements of the “American with Disabilities Act”(ADA).
b. The fire protection items (Fire hydrants, water mains, access roads) shown on the plan are preliminary only. Detailed fire protection plans shall be submitted with the building plans. Additional requirements which are identified during the plan review by the Fire Marshall may be mandated by the Uniform Fire Code. Plan reviews must be completed prior to the building permit being issued. Fire Hydrant foot valves are required to be placed at the main line connection.
c. All landscaped areas shall have an automatic, underground sprinkling system with a back-flow preventer device to the main line and a back-flow preventer device to the building.
d. A sampling manhole and holding tank shall be installed according to I.A.W. City Standards and the Lindon City Land Development Policies, Standard Specifications and Drawings Handbook.
e. All signage shall comply with the requirements of the Lindon City Code Chapter 18.
f. Water meter locations to be back of walk or curb and gutter in an area which is accessible, not located back of fenced areas or under covered parking.
3. Required Improvements. In addition to the requirements of other City Codes and resolutions, the following improvements must be made to the site whenever a site plan is required pursuant to this section:
a. On-site surface water drainage system approved by the City Engineer.
b. Permanent irrigation system for all landscaped areas.
c. Off-site surface water drainage system approved by the City Engineer.
d. Piping of irrigation ditches bordering or within the site. This requirement may be waived by the approving body if the irrigation ditches do not detract from the overall safety or aesthetics of the site.
4. Site Plan Review and Approval. The following procedure must be followed to obtain site plan approval:
a. Development Review Committee. The Planning Department shall forward the proposed site plan to the Development Review Committee for initial review. The Development Review Committee shall review the site plan while considering the items set forth in Section 17-12-120(5) to determine if it complies with the City Master Plan and all City ordinances, resolutions, and policies. The site plan shall be forwarded to the Planning Commission only if it complies with the City Master Plan and all City ordinances, resolutions, and policies.
b. Planning Commission. Unless otherwise specified in this Chapter, the Planning Commission shall be the final approving authority for all site plans forwarded by the Development Review Committee and shall have the power to approve, approve with conditions, or deny a proposed site plan or amended site plan. In making its determination, the Planning Commission shall consider the items set forth in Section 17-12-120(5) and the recommendations of the Directors of Public Works, Public Safety, and Engineer, and Planning Department.
5. Site Plan Review Considerations. The Development Review Committee and the Planning Commission shall consider the following items when reviewing a site plan or amended site plan:
a. Whether the proposed site plan or amended site plan complies with the City Master Plan and complies with all City ordinances, resolutions, and policies.
b. Whether the proposed site plan or amended site plan promotes the health, safety and welfare of the community. In making this determination, the Development Review Committee and the Planning Commission shall consider, among other things, the overall safety of the site, the impact that the site will have on traffic and on surrounding properties, and the adequacy of police, fire and utility services that can be provided to the site.
c. If the proposed site is submitted in conjunction with a request for a conditional use permit, the Planning Commission shall also consider the factors set forth in the conditional use permit section of this ordinance (17-20).
6. Building Permits and Business licenses. No building permit shall be issued for any project until a site plan or amended site plan has been approved for the site on which the business is located. No business license shall be granted to any business requiring a conditional use permit until a conditional use permit has been granted. Failure to comply with the terms of this Chapter shall be grounds for suspending or revoking an existing business license.
7. Bonds for Improvements. The applicant submitting a site plan or amended site plan shall provide a bond as required by Section 17.38.
8. Completion of Improvements. All improvements shown on an approved site plan or amended site plan shall be completed as required by Section 17.38.
9. Completion and Maintenance of Site. Every site shall conform to the approved site plan or amended site plan. No structures or improvements may be added to a site that are not included on the approved site plan. All improvements shown on the approved site plan or amended site plan shall be maintained in a neat and attractive manner. Failure to complete or maintain a site in accordance with this Chapter and with the approved site plan shall be a violation of the terms of this Chapter. The City may initiate criminal and/or civil legal proceedings against any person, firm or corporation, whether acting as principal, agent, property owner, lessee, employee or otherwise, for failure to complete or maintain a site in accordance with this Chapter and with the approved site plan.
10. Site Plan Amendment. No element of an approved site plan or amended site plan shall be amended or changed without first following the procedure for approval of amended site plans set forth in Section 17-12-130. (Ord. 2000-2, Amended, 10/04/2000; Ord. 98-3, Amended, 10/03/2000)
Section 17.12.130 Amended site plans.
1. When Required. An amended site plan shall be submitted to the Planning and Building Department for review and approval whenever any of the following changes are proposed for a site located in a nonresidential zone:
a. The exterior dimensions of a building on the site are to be changed; or
b. The amount or type of proposed landscaping is to be changed (unless the applicant adds landscaping in addition to the landscaping required by the original site plan); or
c. The number or location of on-site parking spaces is to be changed; or
d. Exterior display areas are to be established or changed; or
e. Additions or deletions to existing buildings, structures or fixtures on site are being made; or
f. New buildings or structures are being added to the site; or
g. The Zoning Ordinance otherwise provides that an amended site plan shall be submitted.
2. Approval. The procedure for approval of an amended site plan shall be the same as the procedure of approval of an original site plan as set forth in Section 17.12.120.
3. Required Improvements. When a site plan is amended, the site shall be brought into compliance with the current Zoning Ordinance in the following areas:
a. Landscaping.
b. Storage.
c. Off-Street parking.
d. Vehicular access.
e. Conservation of values.
f. Off-street loading and unloading.
g. Setbacks and building heights.
h. On-site surface water drainage.
i. Off-site curb, gutter and sidewalk.
j. Piping of irrigation ditches.
Other methods of surface water drainage may be approved for amended site plans if approved by the City Engineer. If the exterior dimensions of the building(s) on the property are not being materially changed, an applicant need not comply with the requirements of subsection 17-12-130(3)(g).
4. Waiver. The Planning Director shall have the authority to waive the requirements of Section 17-12-130(2), and shall have the authority to approve amended site plans without further review by the Planning commission, if he or she makes the following findings:
a. The proposed amended site plan complies with all current City ordinances; and
b. The original site plan has not been materially altered, and has not changed in a way that detracts from the overall safety or aesthetics of the site; and
c. The proposed amendments to the site plan will not have a material detrimental effect on other properties in the area.
Any decision of the Planning Director to waive the requirements of Section 17-12-130(2) may be appealed to the Board of Adjustment by any party in interest within ten (10) days of the date of decision.
5. Modification of Landscaping. The Planning Commission may modify or adjust the requirements of subsection 17-12-130(3)(a) if the following conditions are met:
a. Strict compliance with the requirements of subsection 17-12-130(3)(a) would cause an unusual and unnecessary hardship to the person submitting the amended site plan; and
b. The amended site plan provides for additions, deletions or improvements to the subject property that are beneficial to the public, that improve the appearance of the site, or that increase the safety or convenience of the site to the public.
The requirements of subsection 17-12-130(3)(a) may be modified or adjusted to allow up to a forty percent (40%) reduction in the amount of required landscaping. The location of the required landscaping may also be modified or adjusted. In no case shall the amount of existing landscaping be reduced. The maximum allowable modification or adjustment shall be the exception rather than the rule, and shall include all other variances previously granted on the site.
6. Additional Standards. In granting any of the changes set forth in subsection 17-12-130(5), the Planning Commission may impose additional standards or requirements that will substantially serve the objectives of the standards or requirements that are waived, adjusted or modified. Any authorized changes or additional requirements shall be entered in the minutes of the Planning Commission with the circumstances justifying the changes or requirements. (Ord. 98-3, Amended, 10/03/2000)
Section 17.12.140 Temporary sites for permitted uses.
1. No person shall construct or use a temporary site or building without first obtaining approval as set forth in this section.
2. Temporary sites shall be restricted to the PC-1, CG, LI, and HI zones. The use on the temporary site must be a use that is a permitted use in the zone.
3. The Development Review Committee shall be the final approving authority for all proposed temporary site plans. The Development Review Committee shall have authority to approve, conditionally approve or deny any temporary site plan application.
4. The Development Review Committee shall evaluate the impact of each temporary site and will assure that the site plan is compatible with the zone and the neighborhood in which it is to be located.
5. The Development Review Committee shall impose a time limit upon all temporary sites. The time limit shall not exceed one hundred eighty (180) consecutive days. Paragraph (15) provides an exception to this requirement.
6. Any temporary site plan permitted by the Development Review Committee which complies with the specific requirements of this Chapter and any conditions and restrictions which may be imposed by the Development Review Committee shall be deemed to be a permitted temporary site on the lot on which it is thus permitted. Once a temporary site plan is permitted, however, the use shall not be enlarged, extended, changed, increased in intensity, or relocated unless an application is made for a new or revised temporary site plan.
7. All temporary site plans shall satisfy the following general standards:
a. The proposed use at the specified location shall be a permitted use within the zoning district.
b. No motor vehicle or trailer from which sales are transacted shall be part of the site plan; except, trailers used to collect recyclable materials, such as aluminum or paper, may be approved as a part of a temporary site plan.
c. The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings or adversely impair the value thereof.
d. The proposed use shall be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood.
e. Signs shall be regulated by the provisions of the Sign Ordinance.
8. All applications for temporary site plans shall be accompanied by the following items:
a. Five (5) copies of a plat drawn to designated scale containing the following information:
i. Boundaries of the entire property.
ii. Total area of the property in square feet.
iii. Location of existing structures, with dimensions, including height.
iv. Location of proposed additions, with dimensions, including height.
v. Public right(s)-of-way, indicating width.
vi Proposed ingress and egress from street.
vii. Parking spaces, existing and/or proposed.
viii. Location of existing and/or proposed utilities.
ix. Where applicable, fencing, landscaping, screening and outside lighting.
b. A written statement from the applicant describing the proposed use, giving all pertinent data, including specifically:
i. Type of operations.
ii. Hours of operation.
iii. Estimated number of patrons, clients, patients, pupils, etc.
iv. Proposed number of employees, attendants, etc.
9. An application for a temporary site plan may be made by any property owner, lessee, contract purchaser, official, department, board or bureau of any government. A contract purchaser or lessee must file, with the application, a copy of the contract or some form of written statement which indicates the endorsement of the application by the property owner.
10. The applicant shall pay a fee as established by resolution of the City Council.
11. The use on a temporary site shall not be relocated on the same site for one hundred eighty (180) consecutive days. The only exceptions to this requirement are collection of recyclable materials, and those listed in paragraph (15) of this Section.
12. The applicant shall remove within thirty (30) days of the expiration of the approval, any structure used for the temporary site. A bond, in the amount determined by the City, shall be posted with the City to guarantee the removal of such structures.
13. After expiration of the temporary site plan, the applicant shall restore the site to the approved original site plan. If no original site plan exists, the applicant shall restore the site to its original condition. No person shall destroy or remove landscaping installed as a part of the temporary site development.
14. The applicant shall comply with any condition imposed by the City manager. Conditions may include additional off-street parking, on-site landscaping, or any other physical improvements. In determining whether such improvements should be required, and in determining whether the temporary site plan shall be approved, denied or approved with conditions, the City manager shall consider the following:
a. Harmony of the request with the general objectives of the Master plan, the Zoning Ordinance, and the particular zone in which the request is located.
b. Harmony of the request with existing uses in the neighborhood.
c. Development or lack of development adjacent to the site.
d. Whether or not the request may be injurious to potential development in the vicinity.
e. Present and future requirements for transportation, traffic, water, sewer, and other utilities.
f. Suitability of the specific property for the proposed use.
g. Economic impact of the proposed use on the neighborhood.
h. Aesthetic impact of the proposed use on the neighborhood.
i. Attempts by the applicant to minimize other adverse effects on people and property in the area.
j. Impact of the proposed use on health, safety and welfare of the City and persons owning property in the area.
k. The anticipated parking needs for the site.
15. The Development Review Committee may grant approval of a temporary site for up to one (1) year if the following conditions are met:
a. The applicant shall have received site plan approval to build on a new site or expand a current site within the City.
b. The applicant shall have begun construction and shall be making progress toward completion of the new or expanded site.
c. The temporary site shall be used to house the business moving into the new or expanded site.
d. The Development Review Committee may, if the applicant shows good cause, grant up to one (1) six (6) month extension for temporary site plans approved pursuant to this paragraph (15).
e. Except as specifically excepted by this paragraph (15), all standards and requirements are applicable to regular temporary site plans approved pursuant to this paragraph. (Ord. 98-3, Amended, 10/03/2000)
Section 17.12.150 Steps for subdivision application submittal and approval.
Applications shall be submitted and reviewed in steps. Each step shall be reviewed by Development Review committee and recommendations forwarded to the planning commission before any action shall be taken by that body. The steps in the approval process are as follows:
1. Step 1: Submit Preliminary Plan to Planning Commission. The applicant shall submit a preliminary design plan to the Development Review Committee. The preliminary design plan shall provide design solutions to problems identified by the Development Review Committee. The Planning Commission shall either approve or reject the preliminary plan.
2. Step 2: Submit Preliminary Plan to City Council. Following preliminary design plan approval or denial from the Planning Commission, the application shall be submitted to the City Council. The preliminary plan shall provide technical and engineering solutions to all previously identified problems. The City Council shall either approve or reject the plan.
3. Step 3: Submit Final Plan to the Development Committee. Following preliminary plan approval from the Planning Commission and City Council the applicant shall submit the final plan to the Development Review Committee for review. The applicant shall appear before the Development Review Committee to answer questions, to negotiate any required bond or financial security, to negotiate any proposed dedications, and to address all remaining engineering concerns. The Development Review Committee shall either approve or reject a final plat. In the event of significant changes to final plats, at the discretion of the Development Review Committee, final plats shall be forwarded to the Planning Commission and City Council for approval. Upon approval, the Development Review Committee with required signatures from the Planning Commission Chairperson and the City Council on the final plat, shall authorize the County Recorder to record any of the approved material in the final plan. The costs of recording shall be paid by the applicant. (Ord. 98-3, Amended, 10/03/2000)
Section 17.12.160 Preliminary and final plans submittal.
1. The documents, drawings and information required of the developer in applying for design and final review are listed in the Lindon City Land Development Policies, Standard Specifications and Drawings Handbook. The necessity of submitting revised information, documents and/or drawing shall be determined by the Development Review Committee.
2. Where it is determined by the Development Review Committee, after review of the preliminary plan, that one or more of these requirements as outlined in the Lindon City Land Development Policies, Standard Specifications, and Drawings book is not applicable to the project under consideration, such requirements may be waived. Such waiver of requirements shall be made with findings of fact substantiating the inapplicability of such requirements. (Ord. 98-3, Amended, 10/03/2000)
Section 17.12.170 Review--Preliminary design by Planning Commission.
1. The Planning Commission shall, upon receipt of the complete preliminary design plan submission, approve only those preliminary design plans which the commission finds:
a. To be developed in accordance with the intent, standards, and criteria specified in this division and other applicable local regulations;
b. To create no substantial financial hardship to the local jurisdiction;
c. To create no substantial environmental consequence which will adversely impact upon the health, safety, or welfare of the inhabitants of the local jurisdiction when weighed against the positive aspects of such development.
2. To mitigate possible adverse impacts from the proposed development, the Planning Commission shall determine from a review of the preliminary design plan whether the soil, slope, vegetation, and drainage characteristics of the site are such as to require substantial cutting, clearing, grading, and other earthmoving operations in the construction of the development, or otherwise entail an erosion hazard and, if so, the Planning Commission shall require the developer to provide soil erosion, geological hazard and sedimentation control plans and specifications. Such control plans and specifications shall be prepared by a qualified professional team with the costs of preparation of such plans and specifications being borne by the developer. Also, when in the opinion of the Planning Commission public facilities should be constructed within the boundaries of a proposed development to achieve community standards established in the master plan of the local jurisdiction, the developer shall reserve a site appropriate in area and location for such public facility. Such site shall be reserved by the developer for a period of not less than one (1) year from the date of the preliminary design plan approval, to provide the appropriate public agency an opportunity to purchase the site. A determination by the Planning Commission to require such a reservation by a developer shall be made in writing and shall state the reasons for such requirement.
3. Within forty-five (45) days after review of the preliminary design plan at a public meeting, the Planning Commission shall approve, disapprove, or approve with conditions the preliminary design plan, and notify the developer of such action, or may postpone action to allow the developer time to provide material or additional information needed by the Planning Commission, to then determine appropriate action. (Ord.111 S1(part), 1985; prior code S12-103-1(Q)(2))(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.180 Review--Preliminary by the City Council.
The review by the governing body shall be as follows:
The governing body shall review the final plan within forty-five (45) days or receipt of transmittal from the Planning Commission, at a regularly scheduled public meeting. If the governing body determines that the preliminary plan submission complies with the applicable requirements of this division, they shall certify approval of the plan.(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.190 Review--Final plat.
The Development Review Committee shall be the final approval authority for final plan maps. Development Review Committee shall review all final plat map drawings to assure full compliance with the Lindon City subdivision ordinance and this division. (Ord. 98-3, Amended, 10/03/2000)
Section 17.12.210 Plat expiration.
Approval of a preliminary design plan shall remain valid for eighteen (18) months. A final plat shall remain valid for a period of twelve (12) months. After expiration of these time periods, such approvals shall expire unless an extension of approval is granted by the Planning Commission. However, in no event shall approval of a preliminary plan be extended for a period greater than twelve (12) months, nor shall approval of final plan be extended for a period greater than twelve (12) months.(Ord. 98-3, Amended, 10/03/2000)
Section 17.12.220 Phase development.
1. Final plan approval may be granted on less than the entire project covered by preliminary plan approval and final plan approval on projects containing more than twenty-five (25) lots shall be done in phases, except as provided in subsection (3) of this section. Each phase shall consist of the number of lots which can be completely developed with both off-site and on-site improvements with a two-year (2) period, or twenty-five (25) lots, whichever is larger. “Off-site improvements” shall be construed to mean the construction or placement of the dwelling and its appurtenant improvements on each lot. The development of the project shall be in an orderly manner and in such a way that the phases will be contiguous, the required improvements will be made available for the full, effective, and practical use and enjoyment thereof by the lessees or the grantees of any of the lands developed within the time hereinafter specified.
2. When the off-site improvements have been one hundred percent (100%) completed within the boundaries of the recorded plan of any phase and approved by the local engineer, and on-site improvements are seventy percent (70%) completed, the developer may submit the next phase of the proposed development in accordance with the rules and regulations of this division.
3. A final plan including more than twenty-five (25) lots will be accepted only upon the submission of qualified evidence indicating that the market absorption rate is such, and the financial ability of the developer is such that the off-site improvements for all lots in such final plan will be completed within two (2) years, and that on-site improvements will be completed on at least seventy percent (70%) of the lots within two (2) years of such approval. (Ord. 98-3, Amended, 10/03/2000)
Section 17.12.230 Appeals.
Appeals from any decision of the Planning Commissioner shall be made to the City Council. A written letter by the party requesting the appeal shall be received by the Lindon City Administrator no more than 30 days after the Planning Commission decision. The City Administrator shall schedule the appeal as an agenda item to be heard before the City Council within 30 days from the date the written appeal is received by the City. (Ord. 98-3, Amended, 10/03/2000)
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