SB 626

Under current law, a county, town, city, or village (approving authority) has the

right to approve or object to a plat (the map of a subdivision). Generally, the location

of the subdivision determines which approving authority or authorities have the

right to approve the plat. Approval of a plat is conditioned, among other things, on

the plat's compliance with the local ordinances and comprehensive, master, or

development plan of the approving authority or authorities that have the right to

approve the plat.

This bill specifies that the local ordinances with which a plat must comply are

those in effect when the preliminary plat is submitted, or when the final plat is

submitted if a preliminary plat is not. The bill allows an approving authority and

a subdivider to agree to waive or vary requirements under an ordinance that is in

effect when the preliminary plat, or final plat if no preliminary plat, is submitted and

to agree as to the application of ordinances that are enacted by the approving

authority after the preliminary plat, or final plat if no preliminary plat, is submitted.

Current law allows an approving authority to enact ordinances governing the

subdivision of land that are more restrictive than the provisions in the statutes. The

bill provides that local ordinances may not be enacted that are more restrictive than

the provisions in the statutes with respect to time limits, deadlines, notice

requirements, or other provisions that provide protections for subdividers.

Current law provides that if a preliminary plat is submitted, an approving

authority may refuse to approve the final plat if it is not submitted within 24 months

after the last required approval of the preliminary plat. The bill increases the time

for submitting the final plat to 36 months after the last required approval of the

preliminary plat and provides that any approving authority may extend this time.

Under current law, a subdivider may with the permission of the approving authority

submit a final plat that is only the portion of the approved preliminary plat that the

subdivider intends to record at that time. The bill provides that a subdivider does

not need permission to submit a final plat that is only a portion of the preliminary

plat if the preliminary plat identified phases of the development and the portion of

the final plat that is being submitted substantially conforms to the preliminary plat.

Current law provides that if a preliminary plat is submitted and approved, the

final plat is entitled to approval if it substantially conforms to the preliminary plat.

The bill requires a professional engineer, planner, or other person charged with the

responsibility to review plats to provide the approving authority with his or her

conclusions as to whether the final plat substantially conforms to the preliminary

plat and with his or her recommendation on approval of the final plat.

Under current law, as a condition of approval, an approving authority may

require a subdivider to execute a surety bond or provide other security to ensure that

certain improvements will be made. The bill provides that the approving authority

may not require any security for improvements sooner than is reasonably necessary