H.B. 129

1

LAND USE APPLICATION PROCESSING
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael T. Morley
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies county and municipal land use development and management
10 provisions relating to the processing of land use applications.
11 Highlighted Provisions:
12 This bill:
13 . requires counties and municipalities to determine in a timely manner whether a land
14 use application is sufficient for land use authority review;
15 . authorizes an applicant to request that a county or municipality provide information
16 on the status of a land use application and requires a response from the county or
17 municipality;
18 . authorizes an applicant to require a county or municipal land use authority to take
19 final action on a land use application if the county or municipality fails to respond
20 to the applicant's request relating to the application's status;
21 . requires a county or municipal land use authority to take final action within a
22 specified time if an applicant submits a request for final action;
23 . requires counties and municipalities that deny a land use application after a request
24 for final action to state in writing and on the record the reasons for the denial; and
25 . prohibits a county or municipality's failure to process a land use application with
26 reasonable diligence to form the basis of a claim against the county or municipality.
27 Monies Appropriated in this Bill:

28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 10-9a-509, as last amended by Chapters 257 and 289, Laws of Utah 2006
34 17-27a-508, as last amended by Chapters 257 and 289, Laws of Utah 2006
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 10-9a-509 is amended to read:
38 10-9a-509. When a land use applicant is entitled to approval -- Exception --
39 Municipality may not impose unexpressed requirements -- Municipality required to
40 comply with land use ordinances.
41 (1) (a) An applicant is entitled to approval of a land use application if the application
42 conforms to the requirements of the municipality's land use maps, zoning map, and applicable
43 land use ordinance in effect when a complete application is submitted and all fees have been
44 paid, unless:
45 (i) the land use authority, on the record, finds that a compelling, countervailing public
46 interest would be jeopardized by approving the application; or
47 (ii) in the manner provided by local ordinance and before the application is submitted,
48 the municipality has formally initiated proceedings to amend its ordinances in a manner that
49 would prohibit approval of the application as submitted.
50 (b) The municipality shall process an application without regard to proceedings
51 initiated to amend the municipality's ordinances if:
52 (i) 180 days have passed since the proceedings were initiated; and
53 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
54 application as submitted.
55 (c) An application for a land use approval is considered submitted and complete when
56 the application is provided in a form that complies with the requirements of applicable
57 ordinances and all applicable fees have been paid.
58 (d) The continuing validity of an approval of a land use application is conditioned upon

59 the applicant proceeding after approval to implement the approval with reasonable diligence.
60 (e) A municipality may not impose on a holder of an issued land use permit a
61 requirement that is not expressed:
62 (i) in the land use permit or in documents on which the land use permit is based; or
63 (ii) in this chapter or the municipality's ordinances.
64 (f) A municipality may not withhold issuance of a certificate of occupancy because of
65 an applicant's failure to comply with a requirement that is not expressed:
66 (i) in the building permit or in documents on which the building permit is based; or
67 (ii) in this chapter or the municipality's ordinances.
68 (2) A municipality is bound by the terms and standards of applicable land use
69 ordinances and shall comply with mandatory provisions of those ordinances.
70 (3) (a) Each municipality shall[ process and render a decision on each land use
71 application with reasonable diligence.]:
72 (i) determine in a timely manner whether a land use application is sufficient for land
73 use authority review; and
74 (ii) process the application to approval or denial with reasonable diligence.
75 (b) After allowing a municipality a reasonable period of time to give diligent
76 consideration to a land use application, an applicant may request in writing that the
77 municipality provide a written determination that the application is:
78 (i) sufficient for land use authority review; or
79 (ii) deficient.
80 (c) Within 30 days after receipt of a request under Subsection (3)(b), the municipality
81 shall send a written notice to the applicant stating that:
82 (i) the application is:
83 (A) sufficient for further processing; and
84 (B) scheduled for land use authority review;
85 (ii) the application is deficient because of a failure to comply with one or more criteria
86 established in ordinance that the notice specifies; or
87 (iii) the applicant needs to supplement the application with additional information that
88 the notice specifies, providing the basis for the request for additional information.
89 (d) If a municipality fails to provide the written notice required under Subsection (3)(c)

90 within the required 30-day period:
91 (i) the applicant may request in writing that the municipality's land use authority take
92 final action on the land use application; and
93 (ii) the municipality's land use authority shall take final action on the land use
94 application within 45 days after the land use authority's receipt of the written request under
95 Subsection (3)(d)(i).
96 (e) If a municipality denies a land use application upon which final action is taken
97 under Subsection (3)(d)(ii), the municipality shall state in writing and on the record its reasons
98 for the denial.
99 (f) A municipality's failure to process a land use application with reasonable diligence
100 may not form the basis of any claim against the municipality.
101 Section 2. Section 17-27a-508 is amended to read:
102 17-27a-508. When a land use applicant is entitled to approval -- Exception --
103 County may not impose unexpressed requirements -- County required to comply with
104 land use ordinances.
105 (1) (a) An applicant is entitled to approval of a land use application if the application
106 conforms to the requirements of the county's land use maps, zoning map, and applicable land
107 use ordinance in effect when a complete application is submitted and all fees have been paid,
108 unless:
109 (i) the land use authority, on the record, finds that a compelling, countervailing public
110 interest would be jeopardized by approving the application; or
111 (ii) in the manner provided by local ordinance and before the application is submitted,
112 the county has formally initiated proceedings to amend its ordinances in a manner that would
113 prohibit approval of the application as submitted.
114 (b) The county shall process an application without regard to proceedings initiated to
115 amend the county's ordinances if:
116 (i) 180 days have passed since the proceedings were initiated; and
117 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
118 application as submitted.
119 (c) An application for a land use approval is considered submitted and complete when
120 the application is provided in a form that complies with the requirements of applicable

121 ordinances and all applicable fees have been paid.
122 (d) The continuing validity of an approval of a land use application is conditioned upon
123 the applicant proceeding after approval to implement the approval with reasonable diligence.
124 (e) A county may not impose on a holder of an issued land use permit a requirement
125 that is not expressed:
126 (i) in the land use permit or in documents on which the land use permit is based; or
127 (ii) in this chapter or the county's ordinances.
128 (f) A county may not withhold issuance of a certificate of occupancy because of an
129 applicant's failure to comply with a requirement that is not expressed:
130 (i) in the building permit or in documents on which the building permit is based; or
131 (ii) in this chapter or the county's ordinances.
132 (2) A county is bound by the terms and standards of applicable land use ordinances and
133 shall comply with mandatory provisions of those ordinances.
134 (3) (a) Each county shall [process and render a decision on each land use application
135 with reasonable diligence.]:
136 (i) determine in a timely manner whether a land use application is sufficient for land
137 use authority review; and
138 (ii) process the application to approval or denial with reasonable diligence.
139 (b) After allowing a county a reasonable period of time to give diligent consideration to
140 a land use application, an applicant may request in writing that the county provide a written
141 determination that the application is:
142 (i) sufficient for land use authority review; or
143 (ii) deficient.
144 (c) Within 30 days after receipt of a request under Subsection (3)(b), the county shall
145 send a written notice to the applicant stating that:
146 (i) the application is:
147 (A) sufficient for further processing; and
148 (B) scheduled for land use authority review;
149 (ii) the application is deficient because of a failure to comply with one or more criteria
150 established in ordinance that the notice specifies; or
151 (iii) the applicant needs to supplement the application with additional information that

152 the notice specifies, providing the basis for the request for additional information.
153 (d) If a county fails to provide the written notice required under Subsection (3)(c)
154 within the required 30-day period:
155 (i) the applicant may request in writing that the county's land use authority take final
156 action on the land use application; and
157 (ii) the county's land use authority shall take final action on the land use application
158 within 45 days after the land use authority's receipt of the written request under Subsection
159 (3)(d)(i).
160 (e) If a county denies a land use application upon which final action is taken under
161 Subsection (3)(d)(ii), the county shall state in writing and on the record its reasons for the
162 denial.
163 (f) A county's failure to process a land use application with reasonable diligence may
164 not form the basis of any claim against the county.




Legislative Review Note
as of 1-15-07 8:50 AM

Office of Legislative Research and General Counsel