By Myrna Trauntvein
TN Correspondent

The Nephi City Planning Commission learned more about SB 174 and HB 406 from the 2023 General Legislative Session that requires all local governments to, among other things, modify their subdivision ordinances to comply with the process described in the statute.

“By December 31, 2024 all municipalities and counties will need to have adopted a subdivision plan that complies with state law,” said Seth Atkinson, Nephi City Administrator.

Atkinson also presented the city annexation map as being prepared and stated that it was looking more and more like a fish.

“The map will be part of our concept plan and intended uses,” he said.

The 2023 Legislative Session Senate Bill 174 enacted a new process for subdivision review and approval; the effective date for enacted codes is December 31, 2024.

2024 Legislative Session House Bill 476 modified provisions relating to the review of subdivision applications and subdivision improvement plans; modified a provision relating to a completion assurance bond; the effective date for modified Codes was November 1, 2024.

“All annexation requests come to the city council,” said Atkinson.

“Why would the city annex a property if they do not know what it will be used for?” asked Ann Peterson, planning commission chairman.

Atkinson said that the city will require a concept plan, with the layout and also a map.

He said that they will also show where the proposals can be. There will be levels. Level #1 is ready for annexation, level #2 requires an analysis, and Level #3 cannot be annexed without the subdivider agreeing to build or connect to city infrastructure such as sewer, water and gas.

“The city has a lot of leverage with annexation,” said Shauna Talbot, city planner.

“Would the applicant just go through the county?” asked Cody Thomson, commissioner.

Atkinson said that the builder would face some limitations because of water, power and sewer.

Those county properties would need to provide the needed acreage, would need to have approval for and drill wells, and would need septic systems.

Changes to the 2023 legislation made in 2024, he said, included the updating and clarification of definitions and terminology and a change in timing for the two-step review process called for in the 2023 legislation.

Local governments must designate an administrative land use authority

“This may be the planning commission for preliminary review, but it cannot be the planning commission for final review,” said Atkinson.

All subdivision approval must conform to a two-step administrative process; 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.

A city cannot require a pre-application meeting but applicants may request a pre-application meeting. Pre-application meetings must be scheduled within 15 business days of the request

Atkinson said that each municipality needs to designate an “Administrative Land Use Authority.” The administrative land use authority cannot include a municipal legislative body or a member of a municipal legislative body.

A municipality may hold one public hearing with the preliminary plat.

The administrative land use authority may complete a preliminary subdivision application in a public meeting or at a municipal staff level.

“The Final Plat may not require approval by the planning commission or the city council,” said Atkinson.

The city must maintain and publish a list of the items required for a complete subdivision application such as: Timeline Requirements; Review Cycle limitations; whether or not the city requires a subdivision improvement plan with a subdivision application; the review cycle requirements and timelines that will apply.

The city may not require a subdivision improvement plan with both preliminary and final subdivision application.

“The city may not, outside the review cycle, engage in a substantive review of required infrastructure improvements or a municipally controlled utility,” said Atkinson.

He said that this was a preview of coming attractions and that he would keep the planning commission updated. It might be that more changes would be made by the legislature in the upcoming session but, nevertheless, the city plan had to be submitted by December 31, 2024.