10-20-805. Process for subdivision review and approval.

494 words·~2 min read·/ut/title-10/chapter-20/10-20-805

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

(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.

(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

(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 10-20-808 , the municipality may designate a different and separate administrative land use authority for the approval of subdivisions under Section 10-20-808 .

(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.

Renumbered and Amended by Chapter 15 , 2025 Special Session 1