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13 <br />that the City’s review schedule does not permit adequate time for the City Council <br />to act properly on the item is sufficient. <br />3.The City cannot “automatically” notify the applicant of a 60 day extension. The City <br />is required to review the application enough to make a reasonable determination <br />that the first 60 days will be inadequate. Therefore, a separate letter should be sent <br />after the material is received. <br />4.If the City reaches the end of the 120 day review period, including a noticed <br />extension, it must make a final decision, or the application will be considered <br />approved as submitted. For complex projects, negotiations often occur between <br />the City and the applicant, and can take several weeks. Most Cities will ask the <br />applicant to sign a form letter waiving the 60-day rule if a decision can not be made. <br />The City can be quite persuasive with this request as the alternative to further <br />consideration is usually to deny the proposal. <br />5.Subdivisions have their own 120 review calendar listed in the Statutes. However, <br />most Cities apply the 60-day rule to subdivisions just to be on the safe side. <br />6.Cities are required to notify an applicant in writing of a denial of a permit, including <br />the reasons for denial. This notice is required to be provided within the statutory <br />period. It is a safe assumption that approvals with conditions must also be notified <br />in this manner. <br />This notification can have consequences that cities need to be careful of. Imagine <br />that a City Council is meeting on the final day of the timeline. They would <br />essentially have to present the written notice of denial, along with the reasons, to <br />the applicant at the meeting to meet the deadline. <br />The 60-day rule is not necessarily difficult to comply with, but it requires attention to avoid a <br />trap of automatic approval. The safest option is to be careful with the application package <br />and notify the applicant of deficiencies in the application to delay the start of the calendar. <br />For multi-part applications, it is best to require that each part is a separate application. For <br />instance, with Planned Unit Developments, the ordinance provides for a Concept Stage <br />review, Development Stage review, and Final Stage PUD. For complex projects, there is no <br />way that the project can be submitted, reviewed, revised, and reviewed again within the full <br />120 day period. As such, most Cities separate the stages into distinct applications. <br />Subdivisions and Plats <br />Subdivisions are any division or combination of land parcels. A “Plat” is a specific type of <br />subdivision that involves the filing of new title information with the County Recorder that <br />results in all future legal descriptions referring to the mapped Plat, rather than historical <br />description information.