A.   To promote the health, safety, and general welfare of the residents of the town of Alta (the "town").

   B.   To provide the efficient and orderly growth of the town.

   C.   To provide policies, procedures, requirements, and standards for the physical development of land within the town.

   D.   To create a uniform land use application process for any land use development within the town (other than a subdivision) that requires land use authority review and approval.

   E.   To require public notice to residents, property owners, and other members of the Alta community of land use applications, in order to help them to be informed of proposed land use changes. (Ord. 2011-O-5, 11-10-2011)

   A.   This chapter applies to:

      1.   Conditional uses;

      2.   Planned unit developments;

      3.   Any other land use application within the town (excluding subdivisions). (Ord. 2011-O-5, 11-10-2011)

Any land use applicant under this chapter shall schedule a presubmission meeting with the town manager. Reference herein to the town manager shall mean to the town manager or another representative of the town designated by the town manager, if any.

   A.   The town manager may extend an invitation to the presubmission meeting to any servicing utility companies, the Salt Lake Valley health department, the Utah department of transportation, the unified fire authority, and any other private or public body that has jurisdiction or an interest in providing services to the potential land use.

   B.   At the presubmission meeting, the applicant may bring any materials to assist the parties at the meeting in identifying the location of the subject property, the potential land use, the size and layout of the potential improvements or development, and any potential problems or challenges to developing the subject property.

   C.   Due to the unique terrain of the real property within the town, the town manager may require that the applicant submit additional information. (Ord. 2011-O-5, 11-10-2011; amd. Ord. 2023-O-2, 4-12-2023)

   A.   At any time after the presubmission meeting, a land use applicant shall submit an application as described below and all additional information as required by this section. All application materials shall be submitted at the same time in order to be considered for completeness.

   B.   The following shall be submitted to the town manager, unless waived by the town manager as not applicable:

      1.   Complete Application And Fees: A complete application form for the proposed land use and all applicable fees.

      2.   Application Fees And Technical Expertise And Engineering Fees: To be considered complete, the application for the land use shall be accompanied by all fees established on the town's fee schedule. The applicant shall pay all expenses of reviewing and approving the land use, if any, including the town's fees for hiring individuals with technical expertise, legal counsel, and engineers to review the application.

      3.   Application Information And Materials: A complete application shall include the following information and materials:

         a.   Sketch/Site Plan Drawing: A scaled sketch/site plan drawing of the proposed development site. At a minimum, the site plan shall include the following:

            (1)   North arrow;

            (2)   Name of proposed development or land use, if applicable;

            (3)   Name, phone number, and address of applicant/developer;

            (4)   Name, phone number, and address of property owner;

            (5)   Drawing of proposed improvements, including buildings, driveways, roads, and parking, and existing vegetation and slopes;

         b.   Vicinity Map: A vicinity map containing sufficient information to accurately locate the property shown on the plan;

         c.   Property Information: Property information, including address, zoning, acreage, and location of proposed lots or buildings within the proposed land use; and

         d.   Site Information: Site information, including property lines, fence lines, natural features, natural hazards, and avalanche hazards.

         e.   Evidence Of Availability Of Necessary Services: The following information is necessary to establish the availability of basic services to the proposed land use. The land use application is complete only when the applicant has submitted evidence that all basic services are available to the site (and if applicable, to each proposed lot), and the proposed land use has been approved in writing by the designated authority.

            (1)   Culinary Water Requirements: Salt Lake City department of public utilities, water division, Salt Lake Valley health department, and the town manager, are hereby designated collectively as the "culinary water authority", as further defined in Utah Code Annotated title 10, section 9a, as amended or replaced. Each culinary water authority shall evaluate and approve the proposed culinary water system for the land use. The applicant shall provide all information required by the culinary water authority, including, but not limited to, evidence of the source, quantity, quality, and means of delivery of the proposed culinary water to the proposed land use, and if applicable, to each proposed lot. Certain property within the town boundaries may not be eligible to be served by the town culinary water system or able to be supplied water through the town's contract for water with Salt Lake City, and shall be required to obtain approval from any additional public or private agency with jurisdiction over the proposed water source or delivery system, prior to the land use application being deemed complete.

         (2)   Wastewater Requirements: Salt Lake Valley health department, environmental health division, Salt Lake County service area no. 3, Cottonwood improvement district, and the town manager, are hereby designated collectively as the "sanitary sewer authority", as further defined in Utah Code Annotated title 10, section 9a, as amended or replaced. Each sanitary sewer authority shall evaluate and approve the proposed sanitary sewer system. The applicant shall provide all information and materials as required by the sanitary sewer authority.

         (3)   Fire And Emergency Requirements: The unified fire authority is hereby designated as the "fire authority", as further defined in Utah Code Annotated title 10, section 9a, as amended or replaced. The fire authority shall evaluate and approve the proposed fire suppression infrastructure and emergency access to the land use, and if applicable, to each proposed lot. If the proposed land use does not include year round motor vehicle (as defined by the Utah code) access to all proposed lots and proposed and existing roads, streets, and adjacent properties, the application shall include an emergency access mitigation plan, approved by the fire authority and the town. The applicant shall provide all information and materials as required by the fire authority.

         (4)   Avalanche Hazards: The town marshal's department shall evaluate and approve the land use application's provisions for avalanche safety and interlodge controls. The application shall include maps and descriptions of known avalanche slide paths and, if applicable, shall include a proposed plat note describing the risks of building in an avalanche zone and an acknowledgment limiting the town's liability for hazards associated with avalanches. The proposed plat note shall further acknowledge the responsibility of any landowner within the land use to comply with the town's interlodge procedures and avalanche design and construction requirements, and the applicant's and current landowner's agreement to sign and record the town's avalanche hold harmless agreement concurrently with the recordation of the plat. In all proposed land uses (including those where a plat is not required), it shall be a condition of the respective approval or permit to require that every landowner within the proposed development comply with the town's interlodge procedures and avalanche design and construction requirements, and each applicant and landowner shall sign and record the town's avalanche hold harmless agreement concurrently with the issuance of the relevant approval or permit. Other requirements may be imposed on any particular building or project to address or mitigate potential avalanche hazards. (Ord. 2011-O-5, 11-10-2011; amd. Ord. 2023-O-2, 4-12-2023)

   A.   Determination Of Completeness: Upon receipt of the application form, information and fees required in section 10-14-4 of this chapter, the town manager shall determine whether the application is complete. A land use application is only complete if it includes all required materials listed in section 10-14-4 of this chapter. If the town manager determines that the application is not complete, the town manager shall notify the applicant in writing, specifying the deficiencies of the application, including any additional information which must be supplied. No further action will be taken on the application by the town until the deficiencies are corrected.

   B.   Remedy Of Deficiencies: The applicant shall correct all specified deficiencies within ninety (90) days of the written notification of such deficiencies. If the applicant fails to correct the specified deficiencies within such ninety (90) day period, the application shall be deemed withdrawn and will be returned to the applicant. Application fees and technical expertise and engineering fees shall not be refunded. Any further submissions shall only be considered as part of a new application.

   C.   Extensions Of Time: The town manager may, upon written request from the applicant, grant the applicant one automatic thirty (30) day extension to correct the specified deficiencies. (Ord. 2011-O-5, 11-10-2011; amd. Ord. 2023-O-2, 4-12-2023)

Following a determination by the town manager that the application is complete, the land use application will be placed on the next available land use authority regular meeting agenda for review. (Ord. 2011-O-5, 11-10-2011; amd. Ord. 2023-O-2, 4-12-2023)

   A.   Town Manager Review: Upon receipt of the land use application, the land use authority may request a staff report reflecting an overview of the land use application and an analysis of the land use application's compliance with the town's ordinances and general plan from the town manager.

   B.   Public Meetings: The land use authority shall review the land use application at one or more public meetings for compliance with the town's ordinances and general plan.

   C.   Applicant Presentation: The land use authority may request a presentation or appearance at a public meeting from the land use applicant to present and discuss the land use application.

   D.   Application Deficiencies: The land use authority may identify deficiencies in the land use application and request that the applicant submit additional information or documents to come into compliance with the town's ordinances and general plan.

   E.   Applicant Submission Of Additional Materials: During the land use authority's review of the application, if the applicant determines that additional materials are appropriate to comply with the town's ordinances or general plan or to generally assist the land use authority with its review of the application, the applicant may, at least ten (10) days prior to the next regularly scheduled land use authority meeting on which the application is to be considered as part of the agenda, submit additional information, including more detailed plans, plats, and/or other materials.

   F.   Additional Materials: The land use authority, upon its own motion or upon the recommendation from the town manager or designee, or the town building official, may request additional information and materials if determined by the land use authority to be necessary or helpful to the land use authority's review of the application, including, but not limited to, the following information:

      1.   A traffic and/or parking study (as determined by the land use authority) prepared by a qualified traffic engineer.

      2.   Where applicable, a geotechnical study, which shall include groundwater depths, soil stability, and/or avalanche hazard potential.

      3.   A final site plan of the proposed development.

      4.   Final approvals, as necessary, from the culinary water authority, the sanitary sewer authority, the fire authority and/or the town marshal's department, and any related plans, plats, or submissions required to comply with the ordinances, requirements, rules, and regulations of the culinary water authority, sanitary sewer authority, fire authority, and/or the town marshal's department.

      5.   Evidence of lawful access to the property.

      6.   Any approvals, as necessary, from outside agencies that have jurisdiction over any aspect of the property, such as from the United States forest service or the U.S. corps of army engineers.

      7.   Identification of natural features on a map including, but not limited to, known jurisdictional wetlands as identified by the U.S. army corps of engineers, known or potential natural waterways, and any potential natural hazards, including avalanche paths, seismic conditions (including liquefaction information and fault lines), and areas of soil instability, and all on site vegetation as regulated by town ordinance. A final map identifying natural features as described in this section and identified by the building official will be reviewed and approved or denied by the land use authority as part of the application review process.

   G.   Adverse Impacts: To mitigate possible adverse impacts from the proposed development, the land use authority shall determine from a review of the application, conceptual plan, and preliminary plat whether the soil, slope, vegetation, and drainage characteristics of the site are such as to require substantial cutting, clearing, and other earth working operations in the construction of the development or otherwise create an erosion hazard. If so, the land use authority shall require the applicant to provide soil erosion, geological hazard, and sedimentation control plans and specifications, each of which shall be prepared by a qualified professional team with the costs of preparation of such plans and specifications being borne by the applicant.

   H.   Additional Concerns: In addition, given the unique nature of the topography, vegetation, soils, climatic, and aesthetic characteristics of the property within the town, the land use authority may also consider the following elements, among other relevant considerations, in its review of the application:

      1.   Natural setting of the proposed land use, including wildlife habitats.

      2.   Relationship of the proposed land use and improvements with other structures and open spaces.

      3.   Contour intervals and topographic features of the location of the proposed land use.

      4.   Height, density, and species of existing vegetation, and application of applicable vegetation removal ordinances.

      5.   Scenic vistas and sight lines as existing and of the proposed land use.

      6.   Other elements deemed appropriate to ensure that the purposes of this chapter and other applicable town ordinances and general plan are met. (Ord. 2011-O-5, 11-10-2011; amd. Ord. 2023-O-2, 4-12-2023)

   A.   Approval Or Denial: Within one year after receiving the complete land use application from the town manager, and after review of the land use application at one or more public meetings, the land use authority shall approve or deny the land use application. The land use authority shall only approve those land use applications which:

      1.   Are in accordance with the intent, standards, and criteria specified in the town's general plan and ordinances;

      2.   Create no financial hardship on the town; and

      3.   Create no environmental consequence that will adversely impact adjacent properties and the health, safety, or welfare of the inhabitants of the town when weighed against the positive impacts of such development.

   B.   Requirements Waived: The land use authority may waive any requirements under this ordinance or the town's ordinances which it determines are not applicable to the proposed land use or land use application.

   C.   Town Manager's Role: The land use authority may seek the direction, review, analysis of whether the land use application complies with the town's ordinances and general plan, and/or recommendation as to whether the land use application should be approved or denied from the town manager.

   D.   Extensions Of Time: The land use authority may grant up to a one year extension to the applicant, during which time the land use authority will refrain from making a decision to either approve or deny the application. The extension may be granted by the land use authority if the applicant requests such an extension in writing prior to the expiration date and shows good cause for the extension. The land use authority may request that the applicant keep the land use authority updated throughout the extension period on any progress made on the land use application, and the applicant may submit new information to the land use authority at any time during the extension period.

   E.   Expiration Of Approvals: For any approved development, project, or land use under this chapter which requires a plat, such plat must be recorded within one year of the land use authority's approval date or the plat and the approval will be deemed void. For any approved conditional use or other land use which does not require a plat, the conditional use or other land use approval will expire within one year of the land use authority's approval date unless there is substantial action, including construction, consistent with the approved land use permit. (Ord. 2011-O-5, 11-10-2011; amd. Ord. 2023-O-2, 4-12-2023)

   A.   Every person submitting a land use application under this chapter shall post and maintain a notice at the affected real property as provided in this section, within three (3) business days after submitting the application to the town.

   B.   The town shall process and consider the land use application only if the applicant complies with this section.

   C.   The notice shall be a white weatherproof sign, at least two feet by two feet (2' x 2') in size, posted securely at least four feet (4') above ground level on a stake, post, fence or other structure within six feet (6') of the primary access to the affected real property from a right of way, commonly used way of public travel, or public road, and legible from the right of way, way of travel or public road.

   D.   The notice shall contain in black print:

      1.   In letters at least one inch (1") high:

      NOTICE OF PROPOSED LAND USE.

      2.   In letters at least one-fourth inch (1/4") high:

      3.   The information required by the bracketed words in subsection D2 of this section.

      4.   The sketch/site plan required by subsection 10-14-4B3a of this chapter, reproduced clearly and as large as possible within the area of the sign.

   E.   The notice shall remain posted until approval or denial of the application, disposition of all appeals, or expiration of time to appeal, whichever occurs later.

   F.   In the event that it is or becomes impracticable to post or maintain the signage notice required by this section, for example due to snow removal, snow storage, location, or physical attributes of the property, the town manager may exercise discretion to waive or modify some or all of the signage notice requirements of this section in a reasonable manner that is not materially more burdensome to the applicant, and that gives effect as much as practicable to the purposes of this section.

   G.   The town of Alta shall post on its public website a copy of every land use application filed under this section until approval or denial of the application, disposition of all appeals, or expiration of time to appeal; whichever occurs later. (Ord. 2011-O-5, 11-10-2011; amd. Ord. 2023-O-2, 4-12-2023)