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
(b)
if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
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
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 17-27a-603 or 57-8-13. 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
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
(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.
