76-25-408 . (Temporary) Local review procedure for divisions of land.
(1)An applicant may request a preapplication submittal and response from the planning administrator prior to submitting a subdivision application. The preapplication review must take place no more than 30 business days from the date that the planning administrator receives a written request for a preapplication review from the subdivider.
(2)On receipt of an application for an exemption from subdivision review under 76-25-402 that contains all materials and information required by the governing body under subsection (5), the local government:
(a)shall approve or deny the application within 20 business days;
(b)may not impose conditions on the approval of an exemption from subdivision review except for conditions nece
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76-25-408 . (Temporary) Local review procedure for divisions of land. (1) An applicant may request a preapplication submittal and response from the planning administrator prior to submitting a subdivision application. The preapplication review must take place no more than 30 business days from the date that the planning administrator receives a written request for a preapplication review from the subdivider.
(2) On receipt of an application for an exemption from subdivision review under 76-25-402 that contains all materials and information required by the governing body under subsection (5), the local government:
(a) shall approve or deny the application within 20 business days;
(b) may not impose conditions on the approval of an exemption from subdivision review except for conditions necessary to ensure compliance with the survey requirements of 76-25-412 (1); and
(c) may require the certificate of survey to be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before filing with the county clerk and recorder. The examining land surveyor shall certify compliance in a printed or stamped certificate signed by the surveyor on the certificate of survey. A professional land surveyor may not act as an examining land surveyor in regard to a certificate of survey in which the surveyor has a financial or personal interest.
(3) (a) When a proposed subdivision lies entirely within an incorporated city or is proposed for annexation into the city, the application and preliminary plat must be submitted to and approved by the city.
(b) Except as provided in subsection (3)(c), when a proposed subdivision lies entirely in an unincorporated area, the application and preliminary plat must be submitted to and approved by the county.
(c) If the proposed subdivision lies within an area subject to increased growth pressures, higher development densities, or other urban development influences identified by either jurisdiction in 76-25-213 , the jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on the application.
(d) If the proposed subdivision lies partly within an incorporated city, the application and preliminary plat must be submitted to and approved by both the city and the county governing bodies.
(4) A subdivision application is considered received on the date the application is delivered to the reviewing agent or agency if accompanied by the review fee.
(5) (a) The planning administrator has 20 business days to determine whether the application contains all information and materials necessary to complete the review of the application as set forth in the local subdivision regulations.
(b) The planning administrator may review subsequent submissions of the application only for information found to be deficient during the original review of the application under subsection (5)(a).
(c) A determination that an application contains sufficient information for review as provided in subsection (5)(a) does not ensure approval or conditional approval of the proposed subdivision and does not limit the ability of the planning administrator to request additional information during the review process.
(6) A subdivider may propose a phasing plan for approval with a preliminary plat. The phasing plan must include a phasing plan and map that demonstrates what lots will be included with each phase, what public facilities will be completed with each phase, and the timeline for the proposed phases.
(7) After accepting a complete application proposing subdivision of a site, the planning administrator shall make an initial determination of whether:
(a) the proposed subdivision, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning and subdivision regulations; and
(b) all impacts resulting from the proposed subdivision were previously analyzed and made available for public review and comment in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations.
(8) (a) If the planning administrator makes an initial determination that the proposed subdivision, with or without variances or deviations from adopted standards, meets the requirements of subsections (7)(a) and (7)(b), the planning administrator shall provide public notice of its initial determination in accordance with 76-25-106 (3)(a) and (3)(b) and a 15-business-day written public comment period during which the public must have an opportunity to comment on the initial determination.
(b) Unless public comment received on or before the last day of the comment period provided in subsection (8)(a) supports a determination that the proposed subdivision fails to meet either one or both of the requirements of subsection (7)(a) or (7)(b), the planning administrator shall issue written findings stating the results of the public comment and a final written decision approving, approving with conditions, or denying the application, which may be appealed as provided in 76-25-503 .
(c) If public comment received on or before the last day of the comment period in subsection (8)(a) provides evidence that the proposed subdivision fails to meet either one or both of the requirements of subsection (7)(a) or (7)(b), the planning administrator shall proceed with further review of the application as set forth in subsection (9).
(9) If the planning administrator makes an initial determination or public comment received under subsection (8)(c) provides evidence that a proposed subdivision of a site that, with or without variances or deviations from adopted standards, fails to meet either one or both of the requirements of subsection (7)(a) or (7)(b), the planning administrator shall proceed as follows:
(a) request the applicant to collect any additional data and perform any additional analysis necessary to provide the planning administrator and the public with the opportunity to comment on and consider the lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased potential impacts not previously identified and considered in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations;
(b) collect any additional data or perform any additional analysis that the planning administrator determines is necessary to provide the local government and the public with the opportunity to comment on and consider the lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased potential impacts not previously identified or considered in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations; and
(c) provide public notice of the planning administrator's initial or revised initial determination in accordance with 76-25-106 (3)(a) and (3)(b) and a written comment period of 15 business days during which the public must have an opportunity to participate in and comment on the data collected and analysis performed pursuant to subsections (9)(a) and (9)(b).
(10) Any additional data, analysis, comment, or consideration described in subsection (9) must be limited to the lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased potential impacts resulting from the proposed subdivision to the extent that the impact was not previously identified in the adoption, amendment, or update of the land use plan, zoning regulations, zoning map, or subdivision regulations
(11) Within 30 business days of the end of the written comment period provided in subsection (9)(c), the planning administrator shall issue written findings stating the results of the public comment and shall issue a written decision to approve, conditionally approve, or deny a proposed subdivision application, which may be appealed as provided in 76-25-503 .
(12) The basis of the decision to approve, conditionally approve, or deny a proposed preliminary plat is based on the administrative record as a whole and a finding that the proposed subdivision:
(a) meets the requirements and standards of this chapter;
(b) meets the survey requirements provided in 76-25-412 (1);
(c) provides the necessary easements within and to the proposed subdivision for the location and installation of any planned utilities; and
(d) provides the necessary legal and physical access to each parcel within the proposed subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel.
(13) (a) The written decision must identify each finding required in subsection (12) that supports the decision to approve, conditionally approve, or deny a proposed preliminary plat, including any conditions placed on the approval that must be satisfied before a final plat may be approved.
(b) The written decision must identify all facts that support the basis for each finding and each condition and identify the regulations and statutes used in reaching each finding and each condition.
(c) When requiring mitigation as a condition of approval, a local government may not unreasonably restrict a landowner's ability to develop land. However, in some instances, the local government may determine that the impacts of a proposed development are unmitigable and preclude approval of the subdivision.
(14) The written decision to approve, conditionally approve, or deny a proposed subdivision must:
(a) be provided to the applicant;
(b) be made available to the public;
(c) include information regarding the appeal process; and
(d) state the timeframe the approval is in effect.
(15) Any changes to an approved preliminary plat that increases the number of lots or redesigns or rearranges six or more lots must undergo consideration and approval of an amended plat following the requirements of this section.
(16) Ministerial permits may be issued by the planning administrator without any discretionary review or analysis and may be appealed as provided in 76-25-503 . (Terminates June 30, 2027--sec. 16, Ch. 555, L. 2025.)