(1)The process for review
and approval of any plat or other plan required by section 30-28-133 or 30-28-133.1, for any agreement required by section 30-28-137, or for plans for extensions,
betterments, or additions to buildings, structures or plant or other equipment of a
public utility under section 30-28-127 shall be conducted pursuant to duly adopted
county resolutions, ordinances, or regulations that are available to the applicant
prior to commencement of such process. The denial of a plat, plan, or agreement
shall be supported by written findings specifying the provisions that the plat, plan,
or agreement failed to address or satisfy. The denial of any plat, plan, or agreement
shall be based on a failure to conform to the requirements of the adopted
resolution, ordinance, or
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(1) The process for review
and approval of any plat or other plan required by section 30-28-133 or 30-28-133.1, for any agreement required by section 30-28-137, or for plans for extensions,
betterments, or additions to buildings, structures or plant or other equipment of a
public utility under section 30-28-127 shall be conducted pursuant to duly adopted
county resolutions, ordinances, or regulations that are available to the applicant
prior to commencement of such process. The denial of a plat, plan, or agreement
shall be supported by written findings specifying the provisions that the plat, plan,
or agreement failed to address or satisfy. The denial of any plat, plan, or agreement
shall be based on a failure to conform to the requirements of the adopted
resolution, ordinance, or regulation.
(1.5) (a) County resolutions, ordinances, or regulations required by
subsection (1) of this section may provide for the delegation by a board of county
commissioners to one or more county administrative officials the authority to:
(I) Approve or deny final plats, amendments to final plats, and correction
plats insofar as the findings required by section 30-28-133 (6) have previously been
made by either the board of county commissioners of the county or by one or more
county administrative officials to whom the matter has been delegated in
connection with the preliminary plan with which the final plat complies;
(II) Approve subdivision improvement agreements and other agreements
required in connection with a final plat, an amendment to a final plat, or correction
plat;
(III) Review and approve the data, surveys, analyses, studies, plans, and
designs submitted in connection with a final plat, amendment to a final plat, or
correction plat; and
(IV) Review and approve any subdivision exemption as authorized by section
30-28-101 (10)(d).
(b) Any delegation of authority made pursuant to subsection (1.5)(a) of this
section shall not include:
(I) The approval of any agreement for the expenditure of public funds; or
(II) The waiver or restriction of any appeal process provided by county
resolution, ordinance, or regulation.
(c) Any delegation of authority made pursuant to subsection (1.5)(a) of this
section must include procedures for public notice and the submission of written
comments prior to the administrative approval or denial of a final plat or
amendment to a final plat and for the appeal to a board of county commissioners of
the county of such administrative approval or denial.
(2) Nothing in this section shall be construed to preclude a county from
taking any action permitted by law with respect to the plat, plan, or agreement
based on the consideration of the rights and privileges of the owners of subsurface
mineral interests and their lessees pursuant to section 30-28-133 (10).
(3) During the administrative review of any plat, plan, or agreement, the
county shall make every effort to apprise the applicant of any deficiency or
nonconformity in the plat, plan, or agreement prior to any required public hearing. A
technical dispute between a licensed or registered professional of the applicant
and the county may be referred, at the applicant's request, to a qualified employee
in the appropriate state department for a recommendation to facilitate a resolution
of the dispute.
(4) The county planning commission or board of county commissioners may
request redesign of all or any portion of a plat or plan submitted for approval, but
any such request shall be based on specific, objective criteria. If the applicant
redesigns the plat or plan in accordance with the request, no further redesign shall
be required unless necessary to comply with a duly adopted county resolution,
ordinance, or regulation.
(5) Any required public hearing on any plat, plan, or agreement shall be
conducted expeditiously and concluded when all those present and wishing to
testify have done so. No public hearing shall continue for more than forty days from
the date of commencement without the written consent of the applicant. Any
continuation of a public hearing shall be to a date certain.
(6) Unless withdrawn by the applicant, any plat, plan, or agreement that has
been neither approved, conditionally approved, nor denied within a time certain
mutually agreed to by the county and the applicant at the time of filing shall be
deemed approved under sections 30-28-127, 30-28-133, 30-28-133.1, or 30-28-137.
Such time period may be extended by the county to receive a recommendation from
any agency to which a plat or plan was referred pursuant to section 30-28-136, but
such extension shall not exceed thirty days unless the agency has notified the
county that it will require additional time to complete its recommendation.
(7) Any requirement set forth in this section may be waived in writing by the
applicant.