Current through the 2024 Fourth Special Session
Section 10-9a-604.1 - Process for subdivision review and approval(1)(a) As used in this section, an "administrative land use authority" means an individual, board, or commission, appointed or employed by a municipality, including municipal staff or a municipal planning commission.(b) "Administrative land use authority" does not include a municipal legislative body or a member of a municipal 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 municipal 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 municipality has adopted an ordinance that establishes a separate procedure for the review and approval of subdivisions under Section 10-9a-605, the municipality may designate a different and separate administrative land use authority for the approval of subdivisions under Section 10-9a-605.(4)(a) If an applicant requests a pre-application meeting, the municipality 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 municipal staff shall provide or have available on the municipal 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 municipal 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 municipal 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 municipal ordinances and the requirements of this section, the administrative land use authority shall approve the preliminary subdivision application.(9) A municipality shall review and approve or deny a final subdivision plat application in accordance with the provisions of this section and municipal 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 city council approval.(10) If a final subdivision application complies with the requirements of this section, the applicable municipal ordinances, and the preliminary subdivision approval granted under Subsection (9)(a), a municipality shall approve the final subdivision application.Added by Chapter 501, 2023 General Session ,§ 3, eff. 5/3/2023.