(1) As used in this section:

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Terms Used In Utah Code 10-9a-604.2 v2

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
  • 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
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: includes any department, division, or agency of the state. 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
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) “Review cycle” means the occurrence of:

          (1)(a)(i) the applicant’s submittal of a complete subdivision application;
          (1)(a)(ii) the municipality‘s review of that subdivision application;
          (1)(a)(iii) the municipality’s response to that subdivision application, in accordance with this section; and
          (1)(a)(iv) the applicant’s reply to the municipality’s response that addresses each of the municipality’s required modifications or requests for additional information.
     (1)(b) “Subdivision application” means a land use application for the subdivision of land.
     (1)(c) “Subdivision improvement plans” means the civil engineering plans associated with required infrastructure improvements and municipally controlled utilities required for a subdivision.
     (1)(d) “Subdivision ordinance review” means review by a municipality to verify that a subdivision application meets the criteria of the municipality’s ordinances.
     (1)(e) “Subdivision plan review” means a review of the applicant’s subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with municipal ordinances and applicable installation standards and inspection specifications for infrastructure improvements.
(2) The review cycle restrictions and requirements of this section do not apply to the review of subdivision applications affecting property within identified geological hazard areas.
(3)

     (3)(a) A municipality may require a subdivision improvement plan to be submitted with a subdivision application.
     (3)(b) A municipality may not require a subdivision improvement plan to be submitted with both a preliminary subdivision application and a final subdivision application.
(4)

     (4)(a) The review cycle requirements of this section apply:

          (4)(a)(i) to the review of a preliminary subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a preliminary subdivision application; or
          (4)(a)(ii) to the review of a final subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a final subdivision application.
     (4)(b) A municipality may not, outside the review cycle, engage in a substantive review of required infrastructure improvements or a municipally controlled utility.
(5)

     (5)(a) A municipality shall complete the initial review of a complete subdivision application submitted for ordinance review for a residential subdivision for single-family dwellings, two-family dwellings, or town homes:

          (5)(a)(i) no later than 15 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or
          (5)(a)(ii) no later than 30 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less.
     (5)(b) A municipality shall maintain and publish a list of the items comprising the complete subdivision application, including:

          (5)(b)(i) the application;
          (5)(b)(ii) the owner’s affidavit;
          (5)(b)(iii) an electronic copy of all plans in PDF format;
          (5)(b)(iv) the preliminary subdivision plat drawings; and
          (5)(b)(v) a breakdown of fees due upon approval of the application.
(6) A municipality shall publish a list of the items that comprise a complete subdivision land use application.
(7) A municipality shall complete a subdivision plan review of a subdivision improvement plan that is submitted with a complete subdivision application for a residential subdivision for single-family dwellings, two-family dwellings, or town homes:

     (7)(a) within 20 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or
     (7)(b) within 40 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less.
(8)

     (8)(a) In reviewing a subdivision application, a municipality may require:

          (8)(a)(i) additional information relating to an applicant’s plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements; and
          (8)(a)(ii) modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.
     (8)(b) A municipality’s request for additional information or modifications to plans under Subsection (8)(a)(i) or (ii) shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans, and shall be logged in an index of requested modifications or additions.
     (8)(c) A municipality may not require more than four review cycles for a subdivision improvement plan review.
     (8)(d)

          (8)(d)(i) Subject to Subsection (8)(d)(ii), unless the change or correction is necessitated by the applicant’s adjustment to a subdivision improvement plan or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in a municipality’s subdivision improvement plan review is waived.
          (8)(d)(ii) A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived.
          (8)(d)(iii) If an applicant makes a material change to a subdivision improvement plan, the municipality has the discretion to restart the review process at the first review of the subdivision improvement plan review, but only with respect to the portion of the subdivision improvement plan that the material change substantively affects.
     (8)(e)

          (8)(e)(i) This Subsection (8)(e) applies if an applicant does not submit a revised subdivision improvement plan within :

               (8)(e)(i)(A) 20 business days after the municipality requires a modification or correction, if the municipality has a population over 5,000; or
               (8)(e)(i)(B) 40 business days after the municipality requires a modification or correction, if the municipality has a population of 5,000 or less.
          (8)(e)(ii) If an applicant does not submit a revised subdivision improvement plan within the time specified in Subsection (8)(e)(i), a municipality has an additional 20 business days after the time specified in Subsection (7) to respond to a revised subdivision improvement plan.
(9) After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the municipality’s previous review cycle, the municipality may not require additional revisions if the applicant has not materially changed the plan, other than changes that were in response to requested modifications or corrections.
(10)

     (10)(a) In addition to revised plans, an applicant shall provide a written explanation in response to the municipality’s review comments, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any.
     (10)(b) The applicant’s written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction.
     (10)(c) If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed.
(11)

     (11)(a) If, on the fourth or final review, a municipality fails to respond within 20 business days, the municipality shall, upon request of the property owner, and within 10 business days after the day on which the request is received:

          (11)(a)(i) for a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Subsection 10-9a-508(5)(d) to review and approve or deny the final revised set of plans; or
          (11)(a)(ii) for a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to a designated appeal authority.
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