10-9a-602.  Planning commission preparation and recommendation of subdivision ordinance — Adoption or rejection by legislative body.

(1)  A planning commission shall:

Terms Used In Utah Code 10-9a-602

(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;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • 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
  • Subdivision: includes :
    (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
    (ii) except as provided in Subsection (65)(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
    (a)  review and provide a recommendation to the legislative body on any proposed ordinance that regulates the subdivision of land in the municipality;

    (b)  review and make a recommendation to the legislative body on any proposed ordinance that amends the regulation of the subdivision of the land in the municipality;

    (c)  provide notice consistent with Section 10-9a-205; and

    (d)  hold a public hearing on the proposed ordinance before making the planning commission’s final recommendation to the legislative body.

    • (2) 

    (a)  A legislative body may adopt, modify, revise, or reject an ordinance described in Subsection (1) that the planning commission recommends.

    (b)  A legislative body may consider a planning commission’s failure to make a timely recommendation as a negative recommendation if the legislative body has provided for that consideration by ordinance.

    Amended by Chapter 384, 2019 General Session

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