(1)
- (a) As used in this section, an "administrative land use authority" means an individual, board, or commission, appointed or employed by a county, including county staff or a county planning commission.
- (b) "Administrative land use authority" does not include a county legislative body or a member of a county 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 county 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 county has adopted an ordinance that establishes a separate procedure for the review and approval of subdivisions under Section 17-79-708, the county may designate a different and separate administrative land use authority for the approval of subdivisions under Section 17-79-708.
(4)
- (a) If an applicant requests a pre-application meeting, the county 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 county staff shall provide or have available on the county 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 county 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 county 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 county ordinances and the requirements of this section, the administrative land use authority shall approve the preliminary subdivision application.
(9) A county shall review and approve or deny a final subdivision plat application in accordance with the provisions of this section and county 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 county legislative body approval.
- (10) If a final subdivision application complies with the requirements of this section, the applicable county ordinances, and the preliminary subdivision approval granted under Subsection (9)(a), a county shall approve the final subdivision application.
Renumbered and Amended by Chapter 14, 2025 Special Session 1