Utah Code § 10-9a-604.1

Current through the 2024 Fourth Special Session
Section 10-9a-604.1 - Process for subdivision review and approval
(1)
(a) As used in this section, an "administrative land use authority" means an individual, board, or commission, appointed or employed by a municipality, including municipal staff or a municipal planning commission.
(b) "Administrative land use authority" does not include a municipal legislative body or a member of a municipal legislative body.
(2)
(a) This section applies to land use decisions arising from subdivision applications for single-family dwellings, two-family dwellings, or townhomes.
(b) This section does not apply to land use regulations adopted, approved, or agreed upon by a legislative body exercising land use authority in the review of land use applications for zoning or other land use regulation approvals.
(3) A municipal ordinance governing the subdivision of land shall:
(a) comply with this section, and establish a standard method and form of application for preliminary subdivision applications and final subdivision applications; and
(b)
(i) designate a single administrative land use authority for the review of preliminary applications to subdivide land; or
(ii) if the municipality has adopted an ordinance that establishes a separate procedure for the review and approval of subdivisions under Section 10-9a-605, the municipality may designate a different and separate administrative land use authority for the approval of subdivisions under Section 10-9a-605.
(4)
(a) If an applicant requests a pre-application meeting, the municipality shall, within 15 business days after the request, schedule the meeting to review the concept plan and give initial feedback.
(b) At the pre-application meeting, the municipal staff shall provide or have available on the municipal website the following:
(i) copies of applicable land use regulations;
(ii) a complete list of standards required for the project;
(iii) preliminary and final application checklists; and
(iv) feedback on the concept plan.
(5) A preliminary subdivision application shall comply with all applicable municipal ordinances and requirements of this section.
(6) An administrative land use authority may complete a preliminary subdivision application review in a public meeting or at a municipal staff level.
(7) With respect to a preliminary application to subdivide land, an administrative land use authority may:
(a) receive public comment; and
(b) hold no more than one public hearing.
(8) If a preliminary subdivision application complies with the applicable municipal ordinances and the requirements of this section, the administrative land use authority shall approve the preliminary subdivision application.
(9) A municipality shall review and approve or deny a final subdivision plat application in accordance with the provisions of this section and municipal ordinances, which:
(a) may permit concurrent processing of the final subdivision plat application with the preliminary subdivision plat application; and
(b) may not require planning commission or city council approval.
(10) If a final subdivision application complies with the requirements of this section, the applicable municipal ordinances, and the preliminary subdivision approval granted under Subsection (9)(a), a municipality shall approve the final subdivision application.

Utah Code § 10-9a-604.1

Added by Chapter 501, 2023 General Session ,§ 3, eff. 5/3/2023.