This section applies to subdivisions for single family. two-family. or townhouse development only. and amended subdivisions that require construction drawings. This section 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. and does not apply to condominium projects processed in accordance with the Utah Condominium Ownership Act. The review cycle restrictions and requirements of this section do not apply to review of subdivision applications affecting property within identified areas with geologic. flood. or other natural hazards in accordance with county ordinance 10-20-1. et. seq .. or other identified hazards.
A. Designation of Administrative Authority:
1. The Planning Commission is the designated administrative authority to review and approve preliminary subdivision applications for single family. two-family. or townhouse developments.
2. The Community Development Director or designee is the designated administrative authority to review and approve final subdivision applications for single family. two-family. or townhouse developments.
3. Pre-Application Process:
a. If an applicant requests a pre-application meeting. the county shall. within fifteen (15) business days after the request. schedule a Development Review Committee (DRC) meeting to review the concept plan and give initial feedback.
2. At a pre-application meeting. the DRC 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.
C. Preliminary Subdivision Application Process:
1. The application for a preliminary subdivision and its required materials can be found on the County's website and at the Community Development Department. The application shall include:
a. An owner's affidavit with proof of ownership of the property being subdivided:
b. A showing that the proposed subdivision matches the existing zone:
c. An electronic copy of all plans in PDF format:
d. Two (2) paper copies of the preliminary subdivision plat drawings: and
e. A breakdown of fees due upon application;
f. Subdivision improvement plans (construction drawings); and
g. A concurrently submitted preliminary plat compliant with title 11 chapter 4.
2. The administrative authority for review and approval. modification. or denial of a complete preliminary subdivision application is the planning commission. The planning commission #-shall hold a public meeting under this section. It may hold only one public meeting, although the applicant may request that it be continued, or it may be continued for cause to a date certain. Written public comments may be received, but no public hearing is required.
3. No later than fifteen (15) business days after the day on which an applicant submits a complete application and pays all fees. the county shall complete a review of the applicant's preliminary subdivision land use application for a residential subdivision for single family, two-family, or townhouse developments, including subdivision improvement plans (construction drawings). The applicant shall submit two (2) sets of paper construction drawings and one electronic copy (PDF) to the community development department. along with all studies and reports required by the county construction design standards. Construction drawings and all required studies and reports will be reviewed for compliance. Once approved, three (3) finalized copies twenty-four inches by thirty-six inches (24" x 36"), one-eleven inch by seventeen inch (11" x 17") and one (1) electronic copy (PDF) shall be submitted for stamp of approval.
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 Washington County. Utah. Construction Design Standards; or
b. Modifications to plans that do not meet current ordinances. applicable standards or specifications. or do not contain complete information.
c. The County's request for additional information or modifications to plans under this section 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.
5. A preliminary plat and construction drawings approved as part of a preliminary subdivision land use application are effective for two (2) years. The planning commission may extend the two year time limit for just cause for a period of time not to exceed one additional year. In the event that the final subdivision application and final plat have not been timely submitted to the community development department before the two (2) year time limit. and one additional year if granted by the planning commission. the preliminary plat is void.
D. Final Subdivision Application Process:
1. The application for a final subdivision and its required materials can be found on the County's website and at the community development department.
2. No later than twenty (20) business days after the day on which an applicant submits a complete application and pays all fees. the county shall complete a review of the applicant's final subdivision land use application for a residential subdivision for single family. two-family. or townhouse development 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 Washington County, Utah. Construction Design Standards: and
b. Modifications to plans that do not meet current ordinances, applicable standards. or specifications, or do not contain complete information.
c. The County's request for additional information or modifications to plans under this section 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.
E. Review Cycle Process for Preliminary and Final Subdivision Applications:
1. A "Review Cycle" of a preliminary or a final subdivision 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 reguests for additional information or required modifications.
2. A Review Cycle shall be completed within twenty (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 twenty (20) business days after the county requests additional information or reguires a modification then the county shall have an additional twenty (20) business days to respond to the revised plans.
3. There shall be no more than a total of four Review Cycles for any applicant whether such Review Cycle occurs in the preliminary application or final application Process.
4. Subject to subsection ( 4)(a), 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.
a. A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be 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. With respect to applicant's response to county's review of the subdivision application and county's request for additional information or required modifications:
a. 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.
b. 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.
c. 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 may not begin until all comments are addressed.
Appeals from Final Administrative Decisions After Final Review Cycle:
A. If. on the fourth or final review, the county fails to respond within twenty (20) business days, the county shall. upon the request of the property owner or applicant. and within ten (10) business days after the day on which the request is received:;
1. For a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Utah Code 17-27a-507(S)(d) to review and approve, modify, 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: (i) one licensed engineer designated by the County: (ii) one licensed engineer designated by the land use applicant: and, (iii) one licensed engineer agreed upon and designated by the two (2) engineers appointed in subsections (i) and (ii) above.
a. No member of the appeal panel shall have an interest in the application that is the subject of the appeal.
b. The land use applicant shall pay 50% of the cost of the appeal panel. and the county's published appeal fee,
2. For a dispute arising from the subdivision ordinance review, advise the applicant in writing of the deficiency in the application and the right to appeal the determination to the appeal authority using the procedure for appeals of administrative land use decisions outlined in county ordinance 10-2-1, et. seq. Approval of Final Subdivision Application: The community development director or designee is the designated administrative authority to review and approve final subdivision applications for single family, two-family, or townhouse developments. Approval shall not require planning commission or county commission approval. If a final subdivision application is timely and complies with the requirements of this section and applicable county ordinances, the county shall approve the final subdivision application. Upon receiving approval of the preliminary plat by the planning commission, submit the approved final plat to the community development director or designee within two (2) years of planning commission approval. and one (1) additional year if granted by the planning commission, or it is void and shall be resubmitted as a preliminary plat to the planning commission. (Ord. 2024-1251-O, 2-25-2024)