(A) Single-family, two-family and townhome subdivisions. This section is a temporary land use regulation applicable to subdivisions for single-family dwellings, two-family dwelling, or townhomes. This section shall be applicable for a period of 180 days after its effective date and does not apply to land use regulations adopted, approved, or agreed upon by the County Commission exercising land use authority in the review of land use applications for zoning or other land use regulation approvals. The review cycle restrictions and requirements of this section do not apply to review of subdivision applications affecting property within identified sensitive areas as defined in § 155.008 and otherwise described in Chapter 155 of the county code. To the extent that other provisions of the county code are inconsistent with the provisions of this Chapter 155, the requirements pertaining to the review cycles set forth in this Chapter 155 shall apply.
(C) Designation of an administrative authority.
(1) Morgan County hereby designates the Planning Commission to review and approve preliminary subdivision applications.
(2) Morgan County hereby designates the Planning Director to review and approve final subdivision applications.
(D) Pre-application process.
(1) If an applicant requests a pre-application meeting, the Planning Director shall, within 15 business days after the request, schedule the meeting to review the concept plan and give initial feedback.
(2) At a pre-application meeting, the staff shall provide or make publicly available the following:
(a) Copies of applicable land use regulations;
(b) A complete list of standards required for the project;
(c) Preliminary and final application checklists; and
(d) Feedback on the concept plan.
(E) Preliminary application process.
(1) The application for preliminary subdivision applications and materials can be found on the Morgan County website and at the Morgan County Planning and Development office. The application shall include:
(a) An owner's affidavit;
(b) An electronic copy of all plans in PDF format;
(c) The preliminary subdivision plat drawings; and
(d) A breakdown of fees due upon application.
(2) The administrative authority may complete a preliminary subdivision application review in a public meeting or at a county staff level. If the administrative authority holds a public meeting for a preliminary subdivision application under this section, the administrative authority may receive public comment and may hold no more than one public hearing.
(3) No later than 15 business days after the day on which an applicant submits a complete application, the county shall complete a review of the applicant's preliminary subdivision land use application for a residential subdivision for single-family dwellings, two-family dwellings, or townhomes, including subdivision improvement plans.
(4) In reviewing the preliminary subdivision land use application, the county may require:
(a) Additional information relating to an applicant's plans to ensure compliance with county ordinances and approved standards and specifications for construction of public improvements; and
(b) Modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information.
(5) The county's request for additional information or modifications to plans shall be specific and include citations to all county ordinances, standards or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.
(F) Final application process.
(1) The application for final subdivision applications and materials can be found on the Morgan County website and at the Morgan County Planning and Development office.
(2) No later than 20 business days after the day on which an applicant submits a complete application, the county shall complete a review of the applicant's final subdivision land use application for a residential subdivision for single-family dwelling, two-family dwellings, or townhomes including all subdivision plan reviews.
(3) In reviewing the final subdivision land use application, the county may require:
(a) Additional information relating to an applicant's plans to ensure compliance with county ordinances and approved standards and specifications for construction of public improvements; and
(b) Modifications to plans that do not meet current ordinances, applicable standards, or specifications, or do not contain complete information.
(4) The county's request for additional information or modifications to plans shall be specific and include citations to all county ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.
(G) Review cycle process for preliminary and final applications.
(1) A "review cycle" of a preliminary or a final application shall consist of the applicant's submission of a complete subdivision land use application, the county's review of that subdivision land use application, the county's response to that subdivision land use application, and the applicant's reply to the county's response that addresses each of the county's required modifications or requests for additional information.
(2) A review cycle shall be completed within 20 business days after the day on which an applicant submits a complete subdivision land use application. If an applicant does not submit a revised plan within 20 business days after the county requires a modification or requests additional information then the county shall have an additional 20 business days to respond to the plans.
(3) There shall be no more than a total of four review cycles for any applicant whether such review cycles occur in the preliminary application or final application process.
(4) Except for a modification or correction necessary to protect public health and safety or to enforce state or federal law, which may not be waived, unless the change or correction is necessitated by the applicant's adjustment to a plan set 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 the county's plan review is waived.
(5) If an applicant makes a material change to a plan set, the county has the discretion to start the review process at the first review of the final application, but only with respect to the portion of the plan set that the material change substantially effects.
(6) After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the county's previous review cycle, the county 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.
(7) In addition to revised plans, an applicant shall provide a written explanation in response to the county'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.
(8) If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle by the county shall not commence until all comments are addressed.
(H) Appeals after final review cycle.
(1) If on the fourth or final review, the county fails to respond within 20 business days, the county shall, upon request of the property owner, and within ten business days after the day on which the request is received:
(a) For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with UCA § 17-27a-507(5)(d) to review and approve or deny the final revised set of plans. Unless otherwise agreed by the applicant and the county, the panel shall consist of the following three experts:
1. One licensed engineer, designated by the county;
2. One licensed engineer, designated by the land use applicant; and
3. One licensed engineer agreed upon and designated by the two designated engineers as appointed in divisions 1. and 2. above.
a. A member of the panel assembled by the county under division (a) may not have an interest in the application that is the subject of the appeal.
b. The land use applicant shall pay: (i) 50% of the cost of the panel; and (ii) the county's published appeal fee.
(b) 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.
(I) Approval of the final subdivision application. Approval of a final subdivision application shall not require Planning Commission or County Commission approval. If a final subdivision application complies with the requirements of this section and applicable county ordinances, the county shall approve the final subdivision application.
(Ord. 24-01, passed1-16-2024)