(A) Submission requirements.
(1) Copies of all required materials for a preliminary plat shall be officially submitted to the Planning Department and all fees paid prior to the date of the Planning Commission meeting at which the preliminary subdivision plat is to be reviewed in a public meeting.
(2) If the proposed subdivision lies within one-one half mile of a municipality or lies within a municipality’s annexation growth area, the preliminary plat shall be delivered to the related city or town for their review and receive written approval by the municipality prior to approval of the preliminary plat by the County Planning Commission.
(B) Plat requirements.
(1) At a minimum, an electronic copy of the plat shall be emailed to the county at least 14 days before the scheduled Planning Commission meeting. Additional copies, larger prints or additional maps relating to the subdivision application may be provided as well.
(2) The plat shall meet the requirements of UCA § 17-27a-6 and UCA § 17-23-17.
(3) The plat shall also meet the requirements of the Sketch Plan Review Committee.
(C) Application requirements. In addition to the applicable plat, the county shall also require the following information:
(1) Potable drinking water and/or wastewater system information and approval from the applicable Health Department;
(2) Municipal, Home Owner's Association, Special Service District, Local Improvement District or any other local entity approvals, if applicable;
(3) Utility provider approval, if applicable;
(4) Total number of off-street parking spaces, including those associated with a single-family residential development;
(5) Estimated construction cost and proposed method of financing of the streets and related facilities; water distribution system; sewage collection system; storm drainage facilities; and such other utilities as may be necessary;
(6) Total development area, and number of proposed dwelling units and other buildings and their proposed use; or
(7) Any other data or approval documentation applicable to the proposed subdivision application as deemed necessary by the county.
(D) Review procedures. When a preliminary plat has been officially submitted to, received and approved by the Planning Department, it shall be placed on the agenda of the next regularly scheduled Planning Commission meeting within forty-five days for review. When reviewing for completeness, the Planning Department shall ensure approval has been granted from the Sketch Plan Review Committee, all required documentation has been provided and all required application fees have been paid prior to being placed on the Planning Commission agenda.
(E) Planning Commission approval.
(1) The Planning Commission shall:
(a) Provide notice as required by UCA § 17-27a-2;
(b) Hold a public meeting to consider the proposed subdivision application;
(c) If applicable, consider each written objection filed in accordance with UCA § 17-27a-205(4) prior to the public meeting;
(d) Approve recommendations for only those preliminary plats which it finds have been developed in accordance with the standards and criteria specified in this chapter and all other ordinances of the county including, but not limited to, major road plans, the Garfield County General Plan, building codes and other applicable rules and regulations; and
(e) Consider the application and all materials submitted, as well as any input or comments received.
(2) The Planning Commission may:
(a) Recommend onsite and offsite improvements, facilities and amenities if they are determined necessary and accompanied by a finding of the Planning Commission that such onsite and offsite improvements, facilities and amenities are required to protect the public health, safety and welfare of the residents of the subdivision, or the residents of the county; and
(b) Recommend approval of the preliminary subdivision application as presented, recommend approval with revisions and/or conditions or recommend denial of the preliminary subdivision application.
(3) The determination of the Planning Commission shall be accomplished by findings of fact. The recommendations of the Planning Commission shall be made in writing to the County Commission.
(F) County Commission approval.
(1) The County Commission shall:
(a) Consider each subdivision application that the Planning Commission recommends; and
(b) Provide notice as required by UCA § 17-27a-502(2) and hold a public meeting.
(2) The County Commission may:
(a) Approve the preliminary subdivision application as recommended by the Planning Commission;
(b) Approve the preliminary subdivision application with revisions, and/or conditions;
(c) Deny the preliminary subdivision application;
(d) Consider the Planning Commission’s failure to make a timely recommendation as a negative recommendation; or
(e) Require onsite and offsite improvements, facilities and amenities if they are determined necessary to protect the health, safety and general welfare of the residents of the county, and are found consistent with the intent of this and other related ordinances.
(3) Approval of the preliminary subdivision application by the County Commission shall:
(a) Not constitute final approval of the subdivision by the County, but allows the applicant to proceed with the preparation of the final subdivision plat and all required documents;
(b) Not authorize the development of land or the issuance of any building permit for the subdivision site or any proposed lots; and
(c) Be effective for a period of one year from the date the preliminary subdivision application is approved by the County Commission. If a final subdivision application is not submitted for approval within the one-year period, the preliminary subdivision approval shall be void, and the applicant shall be required to submit a new preliminary subdivision application for review and approval, subject to the related county and state rules and regulations in effect at that time.
(Ord. 2021-10, passed 9-27-2021)