17-27a-604.2. Review of subdivisionland use applications and subdivision improvement plans.
(1)
As used in this section:
Terms Used In Utah Code 17-27a-604.2
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 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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
State: includes any department, division, or agency of the state. 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
the applicant’s submittal of a complete subdivision land use application;
(ii)
the county’s review of that subdivision land use application;
(iii)
the county’s response to that subdivision land use application, in accordance with this section; and
(iv)
the applicant’s reply to the county’s response that addresses each of the county’s required modifications or requests for additional information.
(b)
“Subdivision improvement plans” means the civil engineering plans associated with required infrastructure and county-controlled utilities required for a subdivision.
(c)
“Subdivision ordinance review” means review by a county to verify that a subdivision land use application meets the criteria of the county’s subdivision ordinances.
(d)
“Subdivision plan review” means a review of the applicant’s subdivision improvement plans and other aspects of the subdivision land use application to verify that the application complies with county ordinances and applicable standards and specifications.
(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)
(a)
No later than 15 business days after the day on which an applicant submits a complete preliminary subdivision land use application for a residential subdivision for single-family dwellings, two-family dwellings, or townhomes, the county shall complete the initial review of the application, including subdivision improvement plans.
(b)
A county shall maintain and publish a list of the items comprising the complete preliminary subdivision land use application, including:
(i)
the application;
(ii)
the owner’s affidavit;
(iii)
an electronic copy of all plans in PDF format;
(iv)
the preliminary subdivision plat drawings; and
(v)
a breakdown of fees due upon approval of the application.
(4)
(a)
A county shall publish a list of the items that comprise a complete final subdivision land use application.
(b)
No later than 20 business days after the day on which an applicant submits a plat, the county shall complete a review of the applicant’s final subdivision land use application for single-family dwellings, two-family dwellings, or townhomes, including all subdivision plan reviews.
(5)
(a)
In reviewing a subdivision land use application, a county may require:
(i)
additional information relating to an applicant’s plans to ensure compliance with county ordinances and approved standards and specifications for construction of public improvements; and
(ii)
modifications to plans that do not meet current ordinances, applicable standards, or specifications or do not contain complete information.
(b)
A county’s request for additional information or modifications to plans under Subsections (5)(a)(i) or (ii) shall be specific and include citations to ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.
(c)
A county may not require more than four review cycles.
(d)
(i)
Subject to Subsection (5)(d)(ii), unless the change or correction is necessitated by the applicant’s adjustment to a plan set 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 county’s plan review is waived.
(ii)
A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived.
(iii)
If an applicant makes a material change to a plan set, the county has the discretion to restart the review process at the first review of the final application, but only with respect to the portion of the plan set that the material change substantively effects.
(e)
If an applicant does not submit a revised plan within 20 business days after the county requires a modification or correction, the county shall have an additional 20 business days to respond to the plans.
(6)
After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the county’s previous review cycle, the county 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.
(7)
(a)
In addition to revised plans, an applicant shall provide a written explanation in response to the county’s review comments, identifying and explaining the applicant’s revisions and reasons for declining to make revisions, if any.
(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.
(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.
(8)
(a)
If, on the fourth or final review, a county fails to respond within 20 business days, the county shall, upon request of the property owner, and within 10 business days after the day on which the request is received:
(i)
for a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Subsection 17-27a-507(5)(d) to review and approve or deny the final revised set of plans; or
(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.
