Morgan County Unincorporated
City Zoning Code

RULES SPECIFIC

TO THE SUBMISSION AND REVIEW OF LAND USE DECISIONS ARISING FROM SUBDIVISION APPLICATIONS FOR SINGLE-FAMILY DWELLINGS, TWO-FAMILY DWELLINGS, OR TOWNHOMES

§ 155.550 GENERAL.

(A) This subchapter only applies to land use decisions arising from subdivision applications for single-family dwellings, two- family dwellings, or townhomes.

(B) this subchapter does not apply to land use regulations adopted, approved, or agreed upon by a legislative body (Morgan County Commission) exercising land use authority in the review of land use applications for zoning or other land use regulation approvals as otherwise provided in this chapter.

(Ord. 24-16, passed 7-16-2024)

§ 155.551 DEFINITIONS.

(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.

(1) The applicant’s submittal of a complete subdivision land use application;

(2) The county’s review of that subdivision land use application;

(3) The county’s response to that subdivision land use application, in accordance with this section; and

(4) The applicant’s reply to the county’s response that addresses each of the county’s required modifications or requests for additional information.

(D) SUBDIVISION IMPROVEMENT PLANS means the civil engineering plans associated with required infrastructure and county-controlled utilities required for a subdivision.

(E) SUBDIVISION ORDINANCE REVIEW means review by a county to verify that a subdivision land use application meets the criteria of the county’s subdivision ordinances.

(F) SUBDIVISION PLAN REVIEW means a review of the applicant’s subdivision improvement plans and other aspects of the subdivision land use application to verify that the application complies with county ordinances and applicable standards and specifications.

(Ord. 24-16, passed 7-16-2024)

§ 155.552 APPLICATION.

(A) If an applicant under this section requests a preapplication 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:

(1) Copies of applicable land use regulations;

(2) A complete list of standards required for the project;

(3) Preliminary and final application checklists; and

(4) Feedback on the concept plan.

(C) A preliminary subdivision application under this section shall comply with all other applicable county ordinances and the requirements of this section.

(D) An administrative land use authority may complete a preliminary subdivision application review in a public meeting or at a county staff level.

(E) With respect to a preliminary application to subdivide land, an administrative land use authority may:

(1) Receive public comment; and

(2) Hold no more than one public hearing.

(F) 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.

(G) 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:

(1) May permit concurrent processing of the final subdivision plat application with the preliminary subdivision plat application; and

(2) May not require planning commission or county legislative body approval.

(H) If a final subdivision application complies with the requirements of this section, the applicable county ordinances, and the preliminary subdivision approval granted under subsection (G)(1), a county shall approve the final subdivision application.

(Ord. 24-16, passed 7-16-2024)

§ 155.553 REVIEW.

(A) 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.

(B) (1) No later than 15 business days after the day on which an applicant submits a complete preliminary subdivision land use application for a residential subdivision for single family dwellings, two-family dwellings, or townhomes, the county shall complete the initial review of the application, including subdivision improvement plans.

(2) A county shall maintain and publish a list of the items comprising the complete preliminary subdivision land use application, including:

(a) The application;

(b) The owner’s affidavit;

(d) The preliminary subdivision plat drawings; and

(e) A breakdown of fees due upon approval of the application.

(2) No later than 20 business days after the day on which an applicant submits a plat, the county shall complete a review of the applicant’s final subdivision land use application for single-family dwellings, two-family dwellings, or townhomes, including all subdivision plan reviews.

(D) (1) In reviewing a subdivision land use application, a 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.

(2) A county’s request for additional information or modifications to plans under subsections (D)(1)(a) or (b) shall be specific and include citations to ordinances, standards, or specifications that require the modifications to plans, and shall be logged in an index of requested modifications or additions.

(E) A county may not require more than four review cycles.

(F) (1) Subject to subsection (F)(2), 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 a county’s plan review is waived.

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

(3) If an applicant makes a material change to a plan set, the county has the discretion to restart 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 substantively effects.

(G) If an applicant does not submit a revised plan within 20 business days after the county requires a modification or correction, the county shall have an additional 20 business days to respond to the plans.

(Ord. 24-16, 7-16-2024)

§ 155.554 ADDITIONAL REVISIONS.

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.

(Ord. 24-16, passed 7-16-2024)

§ 155.555 REVISED PLANS AND EXPLANATION REQUIREMENTS.

(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 may not begin until all comments are addressed.

(Ord. 24-16, passed 7-16-2024)

§ 155.556 APPEALS.

(A) If, on the fourth or final review, a county fails to respond within 20 business days, the county shall, upon request of the property owner, and within 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 subsection 17-27a-507(5)(d) or (155.556) to review and approve or deny the final revised set of plans; or

(2) 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.

§ 155.557 REVIEW PANEL.

(A) Unless otherwise agreed by the applicant and the county, the review 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 under subsections (A) (1) and (2).

(B) A member of the panel assembled by the county under this section may not have an interest in the application that is the subject of the appeal.

(1) 50% of the cost of the panel; and

(2) The county’s published appeal fee.

(D) the decision of the panel is a final decision, subject to a petition for review under subsection (E).

(E) Pursuant to UCA § 17-27a-801, a land use applicant or the county may file a petition for review of the decision with the district court within 30 days after the date that the decision is final.