A. A site plan review is required for the following:

B. Site plan review is not required for the development of the following, as defined in this title: a single-household dwelling; a twin home or two-household dwelling; multi-household dwellings of three to six units; an accessory dwelling unit; subdivisions; planned unit developments; master planned developments; development requiring a conditional use permit; or remodeling or additions of existing structures comprising less than two thousand square feet of new construction. (Ord. 19-13 § 21 (part), 2019; Ord. 18-22, 2018; Ord. 18-01 (part), 2018; Ord. 17-18 (part), 2017)

A. “Adversely affected” means a person or entity who claims an interest in real property which may be negatively affected by any decision issued under this chapter.

B. “Adjacent” means a parcel of land which shares a boundary with the parcel of real property which is the subject of an application under this chapter. For purposes of this chapter, a parcel is adjacent to another if it is separated only by a public street.

C. “Advisory documents” means planning documents adopted by the City from time to time, including: the Moab General Plan; Moab storm water management master plan; Moab sanitary sewer master plan; Moab water storage distribution and master plan; natural hazards pre-disaster mitigation plan, Utah Southeastern Region; Moab area housing plan; Grand County/Moab nonmotorized trails master plan; or similar publicly adopted planning documents. Applications under this chapter should conform to the advisory documents; however, the land use authority may deviate from those documents upon a showing of good cause.

D. “Appeal authority” means the person or persons designated by ordinance enacted by the City to hear land use appeals under this title.

E. “Architect” means a professional architect licensed in the state of Utah who exercises responsible charge over the preparation and submittal of materials required under this chapter. Architects shall sign and stamp all submittals required by this chapter.

F. “Base flood elevation (BFE)” means the computed elevation to which floodwater is anticipated to rise during a flooding event having a one percent chance of occurring in any given year. The BFE is typically shown on flood insurance rate maps, and is a regulatory requirement for the elevation and floodproofing of structures, as provided under Chapter 15.40.

G. “Buffer” means a structure or area provided to reduce the conflict between two different land uses. Buffers may consist of fencing, walls, landscaping, or land set aside to separate particular uses.

H. “Development review team (DRT)” means the committee of city employees including the Planning Director, Zoning Administrator, Public Works Director, building official, and such other persons as may be designated by the City from time to time.

I. “Engineer” means a professional engineer licensed in the state of Utah who exercises responsible charge over the preparation and submittal of materials required under this chapter. Engineers shall sign and stamp all submittals required by this chapter.

J. “HVAC” means heating, ventilation, and air-conditioning equipment installed in a building.

K. “Land use authority” means the person or entity designated by ordinance to approve or deny a land use application.

L. “Lot” means an existing parcel of real estate which is proposed for development. As used in this chapter, one or more lots may be subject to a site plan application, and individual areas within those lots may be designated as plots set aside for particular uses. In no instance shall the designation of lots or plots on an application under this chapter be deemed to create a subdivision of real estate.

M. “Level I application” means a site plan application for the development of six or fewer residential units, or the development or remodeling of not more than eight thousand square feet of finished commercial space.

N. “Level II application” means a site plan application for the development of seven or more residential units or the development or remodeling in excess of eight thousand square feet of finished commercial space.

O. “Refuse area” means an area for the location of solid waste disposal containers which is screened from view using a solid wall or fence. In no case shall a refuse area be screened using a chain link or similar fence utilizing slats to obscure the view.

P. “Surveyor” means a professional land surveyor licensed in the state of Utah who exercises responsible charge over the preparation and submittal of materials required under this chapter. Surveyors shall sign and stamp all submittals required by this chapter.

Q. “Use change” means the conversion of an existing residential or commercial structure from one use to another use permitted within the zoning district. Without limitation, examples of a use change include changing a warehouse to a restaurant; converting office space into apartments; changing retail space into professional offices; or the like. Any use change that would require a building permit under applicable city building codes shall also constitute a use change under this chapter. (Ord. 17-18 (part), 2017)

A. An application for site plan approval must be submitted to the planning department on the approved site plan application form, together with the required review fee. The application must be signed by the record property owner or, if the applicant is not the owner, the applicant must deliver proof of approval signed by the owner. Components of the application submittal may contain multiple plan sets or reports; provided, that they are clear, legible, and successfully demonstrate the purposes required under this chapter. Unless waived by the planning director, the application must include four copies of all design drawings. The application must include the following:

B. Narrative. The narrative shall describe in reasonable detail the purpose of the proposed development, the types of all land uses that are anticipated, the phasing of development, and information regarding all accessory uses, structures, or major features. Statistical information as to the project area, developed area square footage, number of parking spaces, and the like shall be included.

C. Conceptual Master Sign Plan. If signage is anticipated, applicants shall submit a master sign plan showing the location, dimensions, materials, and type of illumination for all signs. All signage shall comply with Chapter 17.93, Sign Code, and is subject to permitting under that process.

D. Lighting Plan. The lighting plan shall show number and types of fixtures for walkways, building exterior lighting, and parking areas and comply with the requirements of Sections 17.09.060 through 17.09.069.

E. Landscape Plan. The landscape plan shall include size and species of all plantings, an irrigation plan, xeriscape plan, and a care and maintenance plan. All applicable code sections of the Moab Municipal Code must be used to develop the landscape plan, including Chapter 12.24, Tree Stewardship. Proposed erosion control structures and details as to ground cover must also be noted on the landscape plan.

F. Wetlands, Riparian Areas, and Floodways. If the development is adjacent to riparian areas, flood zones, probable wetlands, or areas where stream channels may be altered by planned development, a wetlands, riparian areas, and floodway plan drawn by an engineer, surveyor, or other appropriate consultant must be submitted. Probable wetlands shall be described and delineated. All applications shall show compliance with Chapter 15.40, Flood Damage Prevention. Flood zone boundaries and the base flood elevation must be shown. Where the application includes areas which may be subject to flooding the applicant shall show that the elevation of the lowest floor of all structures exceeds the elevation which is above the base flood elevation. All elevations on the plan shall be shown in the most current North American Vertical Datum (NAVD).

G. Drainage Plan. A storm water drainage plan, signed and stamped by an engineer, shall be submitted and show calculations and other information specified below:

H. Planned Grading. A grading plan for surface drainage (shown by contours and spot elevations) shall be prepared by an engineer or surveyor. It shall show the planned grading and paving of driveways, access roads, and parking areas. Grading and paving shall be shown on plans, profiles, cross sections, and details as necessary to describe new construction. Details of curbs, gutters, sidewalks, drainage structures, and conveyance systems, dimensions of all improvements, size, location, thickness, materials, strengths, and necessary reinforcement can be shown on the site plan in the case of a Level I application, or on a separate drawing based on the complexity of the project.

I. Utility Plan. A utility plan shall be prepared by an engineer. It shall show the locations, dimensions, and elevations of all sewer facilities and culinary water facilities needed to serve the site. The utility plan shall specify in reasonable detail the types of equipment and materials to be used, and shall comply with all applicable advisory documents or City engineering requirements. Plans showing the locations of natural gas, electric, and telephone/data lines must also be shown.

J. Evidence of Title. A current title insurance commitment, ownership and encumbrance report, or abstract of title prepared by a title insurance company or attorney showing all ownership interests, easements, and encumbrances which apply to the parcel(s) comprising the application must be submitted. If requested, the applicant shall provide copies of all recorded documents which may affect the property subject to the application. If common elements or private use restrictions are anticipated, the applicant must submit draft covenants, conditions, and restrictions (CC&Rs) for review.

K. Slopes. If proposed development is likely to result in grading of hillsides, city staff may require submittal of a slope study prepared by an engineer or surveyor. Applications will also be reviewed for compliance with Chapter 17.55, Hillside Developments.

L. Surface and Subsurface Soils Report. The application shall include a surface and subsurface soils report establishing soil suitability for the proposed development. The report shall be prepared by a geotechnical engineer or other professional, if approved by city staff. At a minimum, the report shall include:

M. Traffic Study. A traffic study and parking and circulation study are required for projects which will generate in excess of five hundred peak daily trips. The study shall be prepared by an engineer. The following table shall be used to determine if a traffic study is required:

N. The planning director has discretion to require a traffic study for applications which do not generate the level of trips specified above where:

O. Street Design Drawings. The application shall include drawings by an engineer showing the design, grades, widths, and profiles of all streets, sidewalks, curbs, gutters, traffic control devices, traffic signs, and associated public improvements. All street designs shall conform to street classifications and design standards adopted by the City.

P. Additional Submittals – Waiver of Certain Submittals. The planning director has discretion to require other or additional submittals where necessary for the review of a particular application, or as required for Level II development under Chapter 17.80. Alternatively, the planning director has discretion to waive or modify any requirement for a particular submittal if it is determined that the document or report is not necessary, or if an alternate submittal is justified for the review of a particular application. Any waiver shall be in a writing labeled as a submittal waiver, shall identify the project by name and application number, and shall be signed and dated by the planning director.

Q. Conformity with Submittal Standards. All submittals must conform to the land use submittal standards adopted by the City. Submittals which do not clearly or accurately depict elements required for review of the project may be rejected, or staff may require revisions during the review process. (Ord. 19-13 § 21 (part), 2019; Ord. 19-03 Att. 1 (part), 2019; Ord. 17-18 (part), 2017)

A. Pre-Application. All applicants shall participate in a pre-application meeting with the planning department staff prior to application submittal. The pre-application meeting is intended to identify project elements and issues which may need to be addressed in the review process. Applicants must bring to the pre-application meeting those items identified on the pre-application checklist available from staff.

B. Review for Completeness. All applications shall be promptly reviewed for completeness and accuracy by the planning director. If an application is found to be incomplete or deficient the planning director shall notify the applicant in writing as to the deficiencies and allow the applicant to submit additional or supplemental materials as needed. Incomplete or deficient applications will not be scheduled for further review.

C. Level I Applications. Level I applications shall be reviewed by city staff comprising the development review team (DRT), which shall be the land use authority. The DRT may approve, approve subject to conditions, or deny a Level I application.

D. Level II Applications. Level II applications shall first be reviewed by the DRT, which shall issue a staff report identifying recommendations for the project. The land use authority for Level II applications shall be the Planning Commission, which may approve, approve subject to conditions, or deny the application.

E. When a Site Plan Is Deemed Granted. For purposes of this chapter, a site plan approved by the applicable land use authority subject to conditions is not deemed granted until the planning director certifies in writing that all pre-construction conditions of approval have been satisfied, all applicable fees are paid, and all ancillary documents (dedications, development improvements agreement, or the like) are executed and delivered to the City. Satisfaction of all such conditions must occur before a building permit will be issued. For purposes of this subsection, pre-construction conditions means those conditions pertaining to design of the development, permitting by other agencies, corrective submittals, or the like.

F. Concurrent Review. To the extent possible, where an application under this chapter requires other city approvals, the City shall attempt to consolidate all such approvals in one proceeding to provide for efficient and timely review. However, nothing in this chapter shall be deemed to repeal or abrogate review procedures or criteria in other ordinances.

G. Certificate of Occupancy. A certificate of occupancy will be issued; provided, that all fees have been paid and construction is completed in conformity with the approved site plan, conditions of approval, the building permit, applicable city code provisions, and building codes. (Ord. 17-18 (part), 2017)

A. The following criteria govern site plan approval:

B. Discretion to Grant Conditional Approval. The applicable land use authority has discretion to impose conditions during the review process that address: (1) deficiencies in the application; (2) performance of the design in providing efficient access, vehicle circulation, connectivity, pedestrian/nonmotorized vehicle access; (3) buffering of off-site impacts; (4) storm water management and flood damage prevention; (5) landscaping and architectural design; (6) utility design issues; and/or (7) other provisions of Moab ordinances or advisory documents.

C. Statement of Reasons in the Event of Denial. Where an application is denied, the land use authority shall provide a statement of reasons explaining the basis for its denial.

D. Code Violations. The City may properly decline to review or approve any application where the property that is the location of the application has outstanding municipal code or building code violations. Where such violations exist, the City may decline further review of the application until such time as all violations are abated and applicable fines, fees, or taxes applicable to the property are paid. (Ord. 17-18 (part), 2017)

A. Development Improvements Agreement. The City may require the applicant to deliver a development improvements agreement (DIA), which will specify in detail: the site-specific development plan for the property; the public improvements which must be constructed to serve the development; engineer’s estimates for the cost of required improvements; deadlines for construction and the phasing of development; provisions for a financial assurance and a warranty deposit to secure completion of public improvements; required property dedications; and such other terms as may be specifically required for the development. The amounts of the financial assurance and warranty deposit are itemized in the Master Fee Schedule, Chapter 3.50. At the election of the City, the DIA may be recorded in the Grand County land records, and constitutes an encumbrance on the subject real property for the duration of the life of the development authorized under this chapter. The form of any financial assurance shall be as authorized by the City Attorney.

B. Dedications. The City may require an applicant to dedicate an interest in land to the City, in fee simple or an easement, where it is necessary for the siting of public infrastructure, such as public streets, sidewalks, pedestrian paths, or underground utilities made necessary by a particular site plan application. Additionally, dedications may be required incident to site plan approval to conform to advisory documents. Property dedications will be confirmed by a separate deed or easement, in a form acceptable to the City Attorney, which shall be executed by the property owner and recorded. All applicants are encouraged to consider access dedications and connectivity with adjacent parcels during the design process.

C. Public Improvements Warranted and Delivered Free of Liens. All public improvements installed and dedicated to the City (e.g., culinary water lines, sewer lines, curbing, gutters, roads, hydrants, street lights, and the like) shall be delivered free of liens and encumbrances, and shall be warranted by the applicant to be free of defects in design, materials, and workmanship for a period of one year from the date of acceptance.

D. Release of DIA. If the City determines that the DIA serves no further purpose, as in the case of abandonment or termination of the development contemplated by the site plan approval, then the DIA may be released via a writing duly executed by the City and recorded in the land records. (Ord. 19-29 (part), 2019; Ord. 17-18 (part), 2017)

A. Binding on Successors. An approved site plan shall be binding upon the applicant and any of its successors in title. Amendments which change the character, building design, density, or any other requirements or conditions contained in the site plan shall not be permitted without prior review and approval as set forth in this section.

B. Minor Changes. A minor change in the location or placement of buildings or specific improvements may be authorized by the DRT where unforeseen circumstances, such as site constraints, engineering problems, or the like require a change.

C. Major Changes. Major changes, such as alterations in the size, configuration, or change of use as defined in this chapter; significant realignments or changes to access, utilities, or storm water facilities; other changes which increase the density, scope, or intensity of occupancy; significant changes to project phasing; or other changes which significantly affect the overall design or intent of the project shall be treated as a major change, and shall be referred for review to the land use authority that originally authorized the site plan.

D. Review of Amendments. A land use authority reviewing an amendment application may approve, approve with conditions, or deny the application.

E. Lapse of Plan – Extension. If, within twelve months from the date of approval of a site plan, the applicant fails to satisfy approval conditions or diligently proceed with construction, then the City may declare a lapse of plan by delivering written notice to the applicant. A lapse of plan shall result in all prior approvals under this chapter being void and of no further effect. An extension of any site plan approval may be granted by the applicable land use authority upon a showing by the applicant of good cause, and provided that an extension is sought in writing within twelve months of the date of approval. Nothing in this section shall be deemed to alter or impair a phasing plan or construction schedule approved in a valid DIA. (Ord. 17-18 (part), 2017)

A. Appeals. Any person adversely affected by a decision under this chapter may file an appeal of that decision no later than thirty days from the date of the decision, permit, or action which is the subject of the appeal. Untimely appeals are subject to dismissal with prejudice.

B. Staff Appeals or Planning Commission Appeals. Decisions of the staff, the DRT, or the Planning Commission shall be appealed to the appeal authority. Any subsequent appeal shall be to the Seventh Judicial District Court.

C. Review on Record. Appeals shall be a review of the record which was submitted to the applicable land use authority. Upon the filing of an appeal the staff shall assemble the record of proceeding and forward same to the appeal body or court, as applicable, and the parties. If the record is particularly voluminous, the City may require the appellant to pay the reasonable costs of assembly and copying of the record.

D. Standard of Review. In any administrative or judicial appeal the decision under review shall be reviewed on the basis of the record before the land use authority. The decision of the land use authority shall be affirmed unless it is found to be arbitrary, capricious, or illegal. The appellant has the burden of proof in any appeal, which shall clearly and concisely state reasons why the land use authority decision was erroneous. Except in the case of Level I appeals by adversely affected persons, to preserve an issue for judicial review, the appellant must first have exhausted its administrative remedies by presenting any claimed point of error to the attention of the applicable land use authority prior to seeking appellate review. In the case of a Level I appeal by an adversely affected person, that party shall be permitted to supplement the record and provide additional information to the appeal authority in support of its appeal.

E. Time for Judicial Review. A judicial action seeking review of the appeal authority must be commenced no later than thirty days from the date of the final written decision or order of the appeal authority. Untimely appeals are subject to dismissal with prejudice. (Ord. 17-18 (part), 2017)