Mountain House Municipal Code Ch. 3 Staff Review Procedure

The intent of this Chapter is to specify the procedure to be followed for those applications requiring the use of the Staff Review Procedure.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director shall review all applications to determine their consistency with established policies and standards. The review shall be of an administrative, nondiscretionary nature. The Director shall approve or deny the application based on the results of that review.

(Ord. 2024-18, § 1(Exh. A), 2024)

An application shall be filed with the Community Development Department on forms provided by that Department.

Applications shall, at a minimum, contain the following:

(a) Name and Address. The name, address, and signature of the applicant and, for privately initiated applications, the name, address, and signature of the property owner;

(b) Other Documents. Other documents, drawings, and plans as required by the Director; and

(c) Fee. A fee, as provided by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

Completeness of applications shall be determined pursuant to this Section.

(a) Initial Determination. Within thirty (30) calendar days after an application has been received, the Director shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within thirty (30) days after receipt of the application, the application shall be deemed complete.

(b) Procedure if Not Complete. If the application is determined not to be complete, the following procedure shall be followed:

(1) The Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application;

(2) The applicant shall submit materials to the Director in response to the list and description specified in Subsection (b)(1);

(3) Within thirty (30) calendar days after receipt of the submitted materials, the Director shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within the thirty (30) day period, the application together with the submitted material shall be deemed complete; and

(4) If the applicant has not submitted all required materials to the Director within thirty (30) calendar days after the written determination that the application is not complete has been transmitted to the applicant, the application shall be considered withdrawn. The Director may extend the thirty (30) day period if he or she determines that the applicant is diligently attempting to provide all required materials.

(c) Appeal Procedure for Applications Deemed Not Complete. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision to the Planning Commission in accordance with the appeal procedure specified in Section 9-2-511.

(1) A final written determination on the appeal shall be made no later than sixty (60) calendar days after receipt of the applicant's written appeal;

(2) If the final written determination on the appeal is not made within the sixty (60) day period noted in Subsection (c)(1), the application with the submitted materials shall be deemed complete.

(Ord. 2024-18, § 1(Exh. A), 2024)

If a proposed project requires more than one (1) application under the provisions of this Title, the applications may be filed at the same time and processed concurrently. If more than one Review Authority is involved, the Director shall determine the sequence for action by the Review Authorities.

(Ord. 2024-18, § 1(Exh. A), 2024)

Notification is not required to be given for actions taken pursuant to this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director shall approve or deny the application based upon its consistency with established policies and standards.

(Ord. 2024-18, § 1(Exh. A), 2024)

Action on any application, unless otherwise specified, shall be effective immediately.

(Ord. 2024-18, § 1(Exh. A), 2024)

An action pursuant to this Chapter may not be appealed.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, approved applications shall lapse and become void eighteen (18) months after the effective date of approval if any of the following occur:

(a) Standard Requirements. A standard requirement of approval has not been complied with;

(b) Building-Related Permits. A required building, electrical, plumbing, or mechanical permit that has been secured has lapsed and become void; or

(c) Other Permits. A required permit that has been secured from any other public agency has lapsed and become void.

(Ord. 2024-18, § 1(Exh. A), 2024)

Violation of permits approved under the provisions of this Chapter shall be subject to the enforcement procedures beginning with Section 9-1900.

(Ord. 2024-18, § 1(Exh. A), 2024)

An application submitted under the Staff Review Procedure by an applicant may not be accepted for processing unless the applicant has fully paid for the cost of any outstanding payments due to the Community Development Department by the applicant.

(Ord. 2024-18, § 1(Exh. A), 2024)