(1)

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Terms Used In Utah Code 10-9a-604.1

  • City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Land use authority: means :
         (31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
         (31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
  • Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
  • Subdivision: includes :
              (68)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
              (68)(b)(ii) except as provided in Subsection (68)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
     (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.
     (1)(b) “Administrative land use authority” does not include a municipal legislative body or a member of a municipal legislative body.
(2)

     (2)(a) This section applies to land use decisions arising from subdivision applications for single-family dwellings, two-family dwellings, or townhomes.
     (2)(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:

     (3)(a) comply with this section, and establish a standard method and form of application for preliminary subdivision applications and final subdivision applications; and
     (3)(b)

          (3)(b)(i) designate a single administrative land use authority for the review of preliminary applications to subdivide land; or
          (3)(b)(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)

     (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.
     (4)(b) At the pre-application meeting, the municipal staff shall provide or have available on the municipal website the following:

          (4)(b)(i) copies of applicable land use regulations;
          (4)(b)(ii) a complete list of standards required for the project;
          (4)(b)(iii) preliminary and final application checklists; and
          (4)(b)(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:

     (7)(a) receive public comment; and
     (7)(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:

     (9)(a) may permit concurrent processing of the final subdivision plat application with the preliminary subdivision plat application; and
     (9)(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.

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