Utah Code 17-27a-602. Planning commission preparation and recommendation of subdivision ordinance — Adoption or rejection by legislative body

17-27a-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 17-27a-602

Land: includes :Utah Code 68-3-12.5
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:

(a)	the power and duty to enact ordinances, levy taxes, and establish budgets; and

(b)

those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101

Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103

Mountainous planning district: means an area designated by a county legislative body in accordance with Section 17-27a-901. See Utah Code 17-27a-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 17-27a-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 (70)(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 17-27a-103 Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
(a)	review and provide a recommendation to the legislative body on any proposed ordinance that regulates the subdivision of land in the county;

(b)	review and make a recommendation to the legislative body on any proposed ordinance that amends the regulation of the subdivision of the unincorporated land in the county or, in the case of a mountainous planning district, the mountainous planning district;

(c)	provide notice consistent with Section 17-27a-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 354, 2020 General Session

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