United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-806, 2023

Source excerpt

application approvaldevelopment approvalsdevelopment planningdevelopment reviewfeesinfrastructure improvementsinfrastructure planningland useland use applicationmunicipal administrationmunicipal land usemunicipal ordinancesmunicipal reviewmunicipal review processmunicipally controlled utilitiesresidential developmentresidential subdivisionssubdivision applicationsubdivision applicationssubdivision developmentsubdivision improvement plan reviewsubdivision improvement planssubdivision review

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2023
Dates: Enacted 2023

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Dates: Enacted 2023

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“Review of subdivision applications and subdivision improvement plans. As used in this section: "Review cycle" means the occurrence of: the applicant's submittal of a complete subdivision application; the municipality's review of that”

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Review of subdivision applications and subdivision improvement plans.

Section 10-20-806

Subsection 10-20-806(3)(b)

A municipality may not require a subdivision improvement plan to be submitted with both a preliminary subdivision application and a final subdivision application.

Section 10-20-806(3)(b)

Subsection 10-20-806(5)(b)(iv)

the preliminary subdivision plat drawings; and

Section 10-20-806(5)(b)(iv)

Subsection 10-20-806(8)(d)(ii)

A modification or correction needed for public health and safety, or to enforce state or federal law, cannot be waived.

Section 10-20-806(8)(d)(ii)

Subsection 10-20-806(11)(b)

If there is a dispute arising from subdivision ordinance review, the applicant must be told in writing about the application deficiency and the right to appeal to a designated appeal authority.

Section 10-20-806(11)(b)

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Source record from le.utah.gov · Enacted 2023

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Showing 57 of 57 provisions

Provision 57

Part 10-20-8

part 10-20-8 Subdivisions

§ 10-20-806Review of subdivision applications and subdivision improvement plans.Provision

Source excerpt

Review of subdivision applications and subdivision improvement plans. As used in this section: "Review cycle" means the occurrence of: the applicant's submittal of a complete subdivision application; the municipality's review of that subdivision application; the municipality's response to that subdivision application, in accordance with this section; and the applicant's reply to the municipality's response that addresses each of the municipality's required modifications or requests for additional information. "Subdivision application" means a land use application for the subdivision of land. "Subdivision improvement plans" means the civil engineering plans associated with required infrastructure improvements and municipally controlled utilities required for a subdivision. "Subdivision ordinance review" means review by a municipality to verify that a subdivision application meets the criteria of the municipality's ordinances. "Subdivision plan review" means a review of the applicant's subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with municipal ordinances and applicable installation standards and inspection specifications for infrastructure improvements. The review cycle restrictions and requirements of this section do not apply to the review of subdivision applications affecting property within identified geological hazard areas. A municipality may require a subdivision improvement plan to be submitted with a subdivision application. A municipality may not require a subdivision improvement plan to be submitted with both a preliminary subdivision application and a final subdivision application. The review cycle requirements of this section apply: to the review of a preliminary subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a preliminary subdivision application; or to the review of a final subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a final subdivision application. A municipality may not, outside the review cycle, engage in a substantive review of required infrastructure improvements or a municipally controlled utility. A municipality shall complete the initial review of a complete subdivision application submitted for ordinance review for a residential subdivision for single-family dwellings, two-family dwellings, or town homes: no later than 15 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or no later than 30 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less. A municipality shall maintain and publish a list of the items comprising the complete subdivision application, including: the application; the owner's affidavit; an electronic copy of all plans in PDF format; the preliminary subdivision plat drawings; and a breakdown of fees due upon approval of the application. A municipality shall publish a list of the items that comprise a complete subdivision land use application. A municipality shall complete a subdivision plan review of a subdivision improvement plan that is submitted with a complete subdivision application for a residential subdivision for single-family dwellings, two-family dwellings, or town homes: within 20 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or within 40 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less. In reviewing a subdivision application, a municipality may require: additional information relating to an applicant's plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements; and modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information. A municipality's request for additional information or modifications to plans under Subsection (8)(a)(i) or (ii) shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans, and shall be logged in an index of requested modifications or additions. A municipality may not require more than four review cycles for a subdivision improvement plan review. Subject to Subsection (8)(d)(ii) , unless the change or correction is necessitated by the applicant's adjustment to a subdivision improvement plan or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in a municipality's subdivision improvement plan review is waived. A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived. If an applicant makes a material change to a subdivision improvement plan, the municipality has the discretion to restart the review process at the first review of the subdivision improvement plan review, but only with respect to the portion of the subdivision improvement plan that the material change substantively affects. This Subsection (8)(e) applies if an applicant does not submit a revised subdivision improvement plan within : 20 business days after the municipality requires a modification or correction, if the municipality has a population over 5,000; or 40 business days after the municipality requires a modification or correction, if the municipality has a population of 5,000 or less. If an applicant does not submit a revised subdivision improvement plan within the time specified in Subsection (8)(e)(i) , a municipality has an additional 20 business days after the time specified in Subsection (7) to respond to a revised subdivision improvement plan. After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the municipality's previous review cycle, the municipality may not require additional revisions if the applicant has not materially changed the plan, other than changes that were in response to requested modifications or corrections. In addition to revised plans, an applicant shall provide a written explanation in response to the municipality's review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any. The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction. If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed. If, on the fourth or final review, a municipality fails to respond within 20 business days, the municipality shall, upon request of the property owner, and within 10 business days after the day on which the request is received: for a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Subsection 10-20-911(4)(d) to review and approve or deny the final revised set of plans; or for a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to a designated appeal authority.

Section 10-20-806Verify source

§ 10-20-806(1)Subsection 10-20-806(1)Provision

Source excerpt

This subsection defines several subdivision-review terms used in the section.

As used in this section: "Review cycle" means the occurrence of: the applicant's submittal of a complete subdivision application; the municipality's review of that subdivision application; the municipality's response to that subdivision application, in accordance with this section; and the applicant's reply to the municipality's response that addresses each of the municipality's required modifications or requests for additional information. "Subdivision application" means a land use application for the subdivision of land. "Subdivision improvement plans" means the civil engineering plans associated with required infrastructure improvements and municipally controlled utilities required for a subdivision. "Subdivision ordinance review" means review by a municipality to verify that a subdivision application meets the criteria of the municipality's ordinances. "Subdivision plan review" means a review of the applicant's subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with municipal ordinances and applicable installation standards and inspection specifications for infrastructure improvements.

Section 10-20-806(1)Verify source

§ 10-20-806(1)(a)Subsection 10-20-806(1)(a)Provision

Source excerpt

“Review cycle” means the sequence of submitting a complete subdivision application, the municipality’s review and response, and the applicant’s reply addressing required modifications or requests for more information.

"Review cycle" means the occurrence of: the applicant's submittal of a complete subdivision application; the municipality's review of that subdivision application; the municipality's response to that subdivision application, in accordance with this section; and the applicant's reply to the municipality's response that addresses each of the municipality's required modifications or requests for additional information.

Section 10-20-806(1)(a)Verify source

§ 10-20-806(1)(a)(i)Subsection 10-20-806(1)(a)(i)Provision

Source excerpt

the applicant's submittal of a complete subdivision application;

Section 10-20-806(1)(a)(i)Verify source

§ 10-20-806(1)(a)(ii)Subsection 10-20-806(1)(a)(ii)Provision

Source excerpt

the municipality's review of that subdivision application;

Section 10-20-806(1)(a)(ii)Verify source

§ 10-20-806(1)(a)(iii)Subsection 10-20-806(1)(a)(iii)Provision

Source excerpt

the municipality's response to that subdivision application, in accordance with this section; and

Section 10-20-806(1)(a)(iii)Verify source

§ 10-20-806(1)(a)(iv)Subsection 10-20-806(1)(a)(iv)Provision

Source excerpt

the applicant's reply to the municipality's response that addresses each of the municipality's required modifications or requests for additional information.

Section 10-20-806(1)(a)(iv)Verify source

§ 10-20-806(1)(b)Subsection 10-20-806(1)(b)Provision

Source excerpt

“Subdivision application” means a land use application for subdividing land.

"Subdivision application" means a land use application for the subdivision of land.

Section 10-20-806(1)(b)Verify source

§ 10-20-806(1)(c)Subsection 10-20-806(1)(c)Provision

Source excerpt

"Subdivision improvement plans" means the civil engineering plans associated with required infrastructure improvements and municipally controlled utilities required for a subdivision.

Section 10-20-806(1)(c)Verify source

§ 10-20-806(1)(d)Subsection 10-20-806(1)(d)Provision

Source excerpt

“Subdivision ordinance review” means a municipality’s review to check whether a subdivision application meets the municipality’s ordinances.

"Subdivision ordinance review" means review by a municipality to verify that a subdivision application meets the criteria of the municipality's ordinances.

Section 10-20-806(1)(d)Verify source

§ 10-20-806(1)(e)Subsection 10-20-806(1)(e)Provision

Source excerpt

"Subdivision plan review" means a review of the applicant's subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with municipal ordinances and applicable installation

Section 10-20-806(1)(e)Verify source

§ 10-20-806(2)Subsection 10-20-806(2)Provision

Source excerpt

The section’s review cycle restrictions and requirements do not apply to review of subdivision applications affecting property in identified geological hazard areas.

The review cycle restrictions and requirements of this section do not apply to the review of subdivision applications affecting property within identified geological hazard areas.

Section 10-20-806(2)Verify source

§ 10-20-806(3)Subsection 10-20-806(3)Provision

Source excerpt

A municipality may require a subdivision improvement plan with a subdivision application, but it may not require the plan with both a preliminary and a final subdivision application.

A municipality may require a subdivision improvement plan to be submitted with a subdivision application. A municipality may not require a subdivision improvement plan to be submitted with both a preliminary subdivision application and a final subdivision application.

Section 10-20-806(3)Verify source

§ 10-20-806(3)(a)Subsection 10-20-806(3)(a)Provision

Source excerpt

A municipality may require a subdivision improvement plan to accompany a subdivision application.

A municipality may require a subdivision improvement plan to be submitted with a subdivision application.

Section 10-20-806(3)(a)Verify source

§ 10-20-806(3)(b)Subsection 10-20-806(3)(b)Provision

Source excerpt

A municipality may not require a subdivision improvement plan to be submitted with both a preliminary subdivision application and a final subdivision application.

Section 10-20-806(3)(b)Verify source

§ 10-20-806(4)Subsection 10-20-806(4)Provision

Source excerpt

A municipality may not make a substantive review outside the review cycle of required infrastructure improvements or a municipally controlled utility.

The review cycle requirements of this section apply: to the review of a preliminary subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a preliminary subdivision application; or to the review of a final subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a final subdivision application. A municipality may not, outside the review cycle, engage in a substantive review of required infrastructure improvements or a municipally controlled utility.

Section 10-20-806(4)Verify source

§ 10-20-806(4)(a)Subsection 10-20-806(4)(a)Provision

Source excerpt

Section 10-20-806(4)(a)Verify source

§ 10-20-806(4)(a)(i)Subsection 10-20-806(4)(a)(i)Provision

Source excerpt

This applies when the municipality requires a subdivision improvement plan to be submitted with a preliminary subdivision application.

to the review of a preliminary subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a preliminary subdivision application; or

Section 10-20-806(4)(a)(i)Verify source

§ 10-20-806(4)(a)(ii)Subsection 10-20-806(4)(a)(ii)Provision

Source excerpt

to the review of a final subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a final subdivision application.

Section 10-20-806(4)(a)(ii)Verify source

§ 10-20-806(4)(b)Subsection 10-20-806(4)(b)Provision

Source excerpt

A municipality may not make a substantive review of required infrastructure improvements or a municipally controlled utility outside the review cycle.

A municipality may not, outside the review cycle, engage in a substantive review of required infrastructure improvements or a municipally controlled utility.

Section 10-20-806(4)(b)Verify source

§ 10-20-806(5)Subsection 10-20-806(5)Provision

Source excerpt

A municipality must finish the initial review of a complete subdivision application within 15 business days if its population is over 5,000, or within 30 business days if its population is 5,000 or less, and it must maintain and publish the list of required application items.

A municipality shall complete the initial review of a complete subdivision application submitted for ordinance review for a residential subdivision for single-family dwellings, two-family dwellings, or town homes: no later than 15 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or no later than 30 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less. A municipality shall maintain and publish a list of the items comprising the complete subdivision application, including: the application; the owner's affidavit; an electronic copy of all plans in PDF format; the preliminary subdivision plat drawings; and a breakdown of fees due upon approval of the application.

Section 10-20-806(5)Verify source

§ 10-20-806(5)(a)Subsection 10-20-806(5)(a)Provision

Source excerpt

A municipality must complete the initial review of a complete subdivision application for certain residential subdivisions within 15 business days if its population is over 5,000, or within 30 business days if its population is 5,000 or less.

Section 10-20-806(5)(a)Verify source

§ 10-20-806(5)(a)(i)Subsection 10-20-806(5)(a)(i)Provision

Source excerpt

A 15-business-day deadline applies after a complete subdivision application is submitted, if the municipality has more than 5,000 people.

no later than 15 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or

Section 10-20-806(5)(a)(i)Verify source

§ 10-20-806(5)(a)(ii)Subsection 10-20-806(5)(a)(ii)Provision

Source excerpt

A complete subdivision application must be acted on within 30 business days if the municipality has a population of 5,000 or less.

no later than 30 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less.

Section 10-20-806(5)(a)(ii)Verify source

§ 10-20-806(5)(b)Subsection 10-20-806(5)(b)Provision

Source excerpt

A municipality must maintain and publish a list of the items that make up a complete subdivision application.

A municipality shall maintain and publish a list of the items comprising the complete subdivision application, including: the application; the owner's affidavit; an electronic copy of all plans in PDF format; the preliminary subdivision plat drawings; and a breakdown of fees due upon approval of the application.

Section 10-20-806(5)(b)Verify source

§ 10-20-806(5)(b)(i)Subsection 10-20-806(5)(b)(i)Provision

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the application;

Section 10-20-806(5)(b)(i)Verify source

§ 10-20-806(5)(b)(ii)Subsection 10-20-806(5)(b)(ii)Provision

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the owner's affidavit;

Section 10-20-806(5)(b)(ii)Verify source

§ 10-20-806(5)(b)(iii)Subsection 10-20-806(5)(b)(iii)Provision

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an electronic copy of all plans in PDF format;

Section 10-20-806(5)(b)(iii)Verify source

§ 10-20-806(5)(b)(iv)Subsection 10-20-806(5)(b)(iv)Provision

Source excerpt

the preliminary subdivision plat drawings; and

Section 10-20-806(5)(b)(iv)Verify source

§ 10-20-806(5)(b)(v)Subsection 10-20-806(5)(b)(v)Provision

Source excerpt

a breakdown of fees due upon approval of the application.

Section 10-20-806(5)(b)(v)Verify source

§ 10-20-806(6)Subsection 10-20-806(6)Provision

Source excerpt

A municipality must publish a list of the items that make up a complete subdivision land use application.

A municipality shall publish a list of the items that comprise a complete subdivision land use application.

Section 10-20-806(6)Verify source

§ 10-20-806(7)Subsection 10-20-806(7)Provision

Source excerpt

A municipality must finish reviewing a subdivision improvement plan submitted with a complete subdivision application for certain residential subdivisions within 20 business days if the municipality has more than 5,000 people, or within 40 business days if it has 5,000 people or fewer.

A municipality shall complete a subdivision plan review of a subdivision improvement plan that is submitted with a complete subdivision application for a residential subdivision for single-family dwellings, two-family dwellings, or town homes: within 20 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or within 40 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less.

Section 10-20-806(7)Verify source

§ 10-20-806(7)(a)Subsection 10-20-806(7)(a)Provision

Source excerpt

A 20-business-day timeframe applies after a complete subdivision application is submitted, if the municipality has a population over 5,000.

within 20 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or

Section 10-20-806(7)(a)Verify source

§ 10-20-806(7)(b)Subsection 10-20-806(7)(b)Provision

Source excerpt

If the municipality has 5,000 or fewer people, the relevant action must occur within 40 business days after a complete subdivision application is submitted.

within 40 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less.

Section 10-20-806(7)(b)Verify source

§ 10-20-806(8)Subsection 10-20-806(8)Provision

Source excerpt

A municipality reviewing a subdivision application may require more information or plan changes, but its requests must be specific, cite the supporting ordinances or standards, and be logged. The municipality cannot require more than four review cycles, and some unaddressed changes are waived unless they are needed for public health and safety or to enforce state or federal law.

In reviewing a subdivision application, a municipality may require: additional information relating to an applicant's plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements; and modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information. A municipality's request for additional information or modifications to plans under Subsection (8)(a)(i) or (ii) shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans, and shall be logged in an index of requested modifications or additions. A municipality may not require more than four review cycles for a subdivision improvement plan review. Subject to Subsection (8)(d)(ii) , unless the change or correction is necessitated by the applicant's adjustment to a subdivision improvement plan or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in a municipality's subdivision improvement plan review is waived. A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived. If an applicant makes a material change to a subdivision improvement plan, the municipality has the discretion to restart the review process at the first review of the subdivision improvement plan review, but only with respect to the portion of the subdivision improvement plan that the material change substantively affects. This Subsection (8)(e) applies if an applicant does not submit a revised subdivision improvement plan within : 20 business days after the municipality requires a modification or correction, if the municipality has a population over 5,000; or 40 business days after the municipality requires a modification or correction, if the municipality has a population of 5,000 or less. If an applicant does not submit a revised subdivision improvement plan within the time specified in Subsection (8)(e)(i) , a municipality has an additional 20 business days after the time specified in Subsection (7) to respond to a revised subdivision improvement plan.

Section 10-20-806(8)Verify source

§ 10-20-806(8)(a)Subsection 10-20-806(8)(a)Provision

Source excerpt

When reviewing a subdivision application, a municipality may require extra information or plan changes.

Section 10-20-806(8)(a)Verify source

§ 10-20-806(8)(a)(i)Subsection 10-20-806(8)(a)(i)Provision

Source excerpt

additional information relating to an applicant's plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements; and

Section 10-20-806(8)(a)(i)Verify source

§ 10-20-806(8)(a)(ii)Subsection 10-20-806(8)(a)(ii)Provision

Source excerpt

modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.

Section 10-20-806(8)(a)(ii)Verify source

§ 10-20-806(8)(b)Subsection 10-20-806(8)(b)Provision

Source excerpt

A municipality’s request for additional information or plan modifications under Subsection (8)(a)(i) or (ii) must be specific, cite the ordinances, standards, or specifications requiring the changes, and be logged in an index.

A municipality's request for additional information or modifications to plans under Subsection (8)(a)(i) or (ii) shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans, and shall be logged in an index of requested modifications or additions.

Section 10-20-806(8)(b)Verify source

§ 10-20-806(8)(c)Subsection 10-20-806(8)(c)Provision

Source excerpt

A municipality may not require more than four review cycles for a subdivision improvement plan review.

Section 10-20-806(8)(c)Verify source

§ 10-20-806(8)(d)Subsection 10-20-806(8)(d)Provision

Source excerpt

A municipality waives certain unaddressed subdivision-plan changes or corrections, but it cannot waive changes needed for public health and safety or for state or federal law compliance.

Subject to Subsection (8)(d)(ii) , unless the change or correction is necessitated by the applicant's adjustment to a subdivision improvement plan or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in a municipality's subdivision improvement plan review is waived. A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived. If an applicant makes a material change to a subdivision improvement plan, the municipality has the discretion to restart the review process at the first review of the subdivision improvement plan review, but only with respect to the portion of the subdivision improvement plan that the material change substantively affects.

Section 10-20-806(8)(d)Verify source

§ 10-20-806(8)(d)(i)Subsection 10-20-806(8)(d)(i)Provision

Source excerpt

Subject to a cross-reference, a change or correction not addressed in a municipality’s subdivision improvement plan review is waived unless it is needed because the applicant adjusted the subdivision improvement plan or updated the phasing plan for the specific development.

Section 10-20-806(8)(d)(i)Verify source

§ 10-20-806(8)(d)(ii)Subsection 10-20-806(8)(d)(ii)Provision

Source excerpt

A modification or correction needed for public health and safety, or to enforce state or federal law, cannot be waived.

A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived.

Section 10-20-806(8)(d)(ii)Verify source

§ 10-20-806(8)(d)(iii)Subsection 10-20-806(8)(d)(iii)Provision

Source excerpt

If an applicant makes a material change to a subdivision improvement plan, the municipality has the discretion to restart the review process at the first review of the subdivision improvement plan review, but only with respect to the

Section 10-20-806(8)(d)(iii)Verify source

§ 10-20-806(8)(e)Subsection 10-20-806(8)(e)Provision

Source excerpt

An applicant must submit a revised subdivision improvement plan within 20 business days in larger municipalities or 40 business days in smaller municipalities after the municipality requires a modification or correction. If the applicant misses that deadline, the municipality gets an additional 20 business days to respond to the revised plan.

This Subsection (8)(e) applies if an applicant does not submit a revised subdivision improvement plan within : 20 business days after the municipality requires a modification or correction, if the municipality has a population over 5,000; or 40 business days after the municipality requires a modification or correction, if the municipality has a population of 5,000 or less. If an applicant does not submit a revised subdivision improvement plan within the time specified in Subsection (8)(e)(i) , a municipality has an additional 20 business days after the time specified in Subsection (7) to respond to a revised subdivision improvement plan.

Section 10-20-806(8)(e)Verify source

§ 10-20-806(8)(e)(i)Subsection 10-20-806(8)(e)(i)Provision

Source excerpt

This subsection applies when an applicant does not submit a revised subdivision improvement plan within the stated deadline after a municipality requires a modification or correction.

Section 10-20-806(8)(e)(i)Verify source

§ 10-20-806(8)(e)(i)(A)Subsection 10-20-806(8)(e)(i)(A)Provision

Source excerpt

A 20-business-day period applies after the municipality requires a modification or correction, if the municipality’s population is over 5,000.

20 business days after the municipality requires a modification or correction, if the municipality has a population over 5,000; or

Section 10-20-806(8)(e)(i)(A)Verify source

§ 10-20-806(8)(e)(i)(B)Subsection 10-20-806(8)(e)(i)(B)Provision

Source excerpt

A 40-business-day time limit applies after a municipality requires a modification or correction, when the municipality has a population of 5,000 or less.

40 business days after the municipality requires a modification or correction, if the municipality has a population of 5,000 or less.

Section 10-20-806(8)(e)(i)(B)Verify source

§ 10-20-806(8)(e)(ii)Subsection 10-20-806(8)(e)(ii)Provision

Source excerpt

If the applicant misses the deadline to submit a revised subdivision improvement plan, the municipality gets 20 additional business days to respond.

If an applicant does not submit a revised subdivision improvement plan within the time specified in Subsection (8)(e)(i) , a municipality has an additional 20 business days after the time specified in Subsection (7) to respond to a revised subdivision improvement plan.

Section 10-20-806(8)(e)(ii)Verify source

§ 10-20-806(9)Subsection 10-20-806(9)Provision

Source excerpt

After the applicant responds to the final review cycle and complies with requested modifications, the municipality may not require additional revisions unless the applicant materially changed the plan beyond response-related corrections.

After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the municipality's previous review cycle, the municipality may not require additional revisions if the applicant has not materially changed the plan, other than changes that were in response to requested modifications or corrections.

Section 10-20-806(9)Verify source

§ 10-20-806(10)Subsection 10-20-806(10)Provision

Source excerpt

An applicant must submit a written explanation with revised plans, responding to the municipality’s review comments and explaining any revisions or refusals to revise.

In addition to revised plans, an applicant shall provide a written explanation in response to the municipality's review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any. The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction. If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed.

Section 10-20-806(10)Verify source

§ 10-20-806(10)(a)Subsection 10-20-806(10)(a)Provision

Source excerpt

An applicant must give the municipality a written explanation of any revisions and any reasons for not making revisions, in addition to revised plans.

Section 10-20-806(10)(a)Verify source

§ 10-20-806(10)(b)Subsection 10-20-806(10)(b)Provision

Source excerpt

The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction.

Section 10-20-806(10)(b)Verify source

§ 10-20-806(10)(c)Subsection 10-20-806(10)(c)Provision

Source excerpt

An applicant must address review comments in the response before the next review cycle can begin.

If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed.

Section 10-20-806(10)(c)Verify source

§ 10-20-806(11)Subsection 10-20-806(11)Provision

Source excerpt

If, on the fourth or final review, a municipality fails to respond within 20 business days, the municipality shall, upon request of the property owner, and within 10 business days after the day on which the request is received: for a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Subsection 10-20-911(4)(d) to review and approve or deny the final revised set of plans; or for a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to a designated appeal authority.

Section 10-20-806(11)Verify source

§ 10-20-806(11)(a)Subsection 10-20-806(11)(a)Provision

Source excerpt

For a dispute arising from subdivision improvement plans, an appeal panel must be assembled to review and approve or deny the final revised plans.

for a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Subsection 10-20-911(4)(d) to review and approve or deny the final revised set of plans; or

Section 10-20-806(11)(a)Verify source

§ 10-20-806(11)(b)Subsection 10-20-806(11)(b)Provision

Source excerpt

If there is a dispute arising from subdivision ordinance review, the applicant must be told in writing about the application deficiency and the right to appeal to a designated appeal authority.

for a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to a designated appeal authority.

Section 10-20-806(11)(b)Verify source

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Utah Code § 10-20-806, 2023

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