Current through the 2024 Fourth Special Session
Section 17-27a-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 county, including county staff or a county planning commission.(b) "Administrative land use authority" does not include a county legislative body or a member of a county 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 county 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 county has adopted an ordinance that establishes a separate procedure for the review and approval of subdivisions under Section 17-27a-605, the county may designate a different and separate administrative land use authority for the approval of subdivisions under Section 17-27a-605.(4)(a) If an applicant requests a pre-application meeting, the county 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 county staff shall provide or have available on the county 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 county 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 county 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 county ordinances and the requirements of this section, the administrative land use authority shall approve the preliminary subdivision application.(9) A county shall review and approve or deny a final subdivision plat application in accordance with the provisions of this section and county 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 county legislative body approval.(10) If a final subdivision application complies with the requirements of this section, the applicable county ordinances, and the preliminary subdivision approval granted under Subsection (9)(a), a county shall approve the final subdivision application.Added by Chapter 501, 2023 General Session ,§ 9, eff. 5/3/2023.