First Substitute H.B. 296

Representative Gage Froerer proposes the following substitute bill:

1 APPROVAL OF SUBDIVISIONS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gage Froerer
5 Senate Sponsor: Dan R. Eastman
6
7 LONG TITLE
8 General Description:
9 This bill modifies county and municipal land use development and management
10 provisions relating to subdivisions.
11 Highlighted Provisions:
12 This bill:
13 . eliminates a requirement for a planning commission recommendation before a
14 person may record a subdivision plat; and
15 . requires county and municipal land use authorities to give notice and hold a public
16 hearing before approving a subdivision plat.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 10-9a-604, as last amended by Chapter 240, Laws of Utah 2006
24 17-27a-604, as last amended by Chapter 240, Laws of Utah 2006
25

26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-9a-604 is amended to read:
28 10-9a-604. Subdivision plat approval procedure -- Effect of not complying.
29 (1) [(a)] A person may not submit a subdivision plat to the county recorder's office for
30 recording unless:
31 [(i) except as provided in Subsection (1)(b), a recommendation has been received from
32 the planning commission;]
33 [(ii)] (a) the plat has been approved by:
34 [(A)] (i) the land use authority of the municipality in which the land described in the
35 plat is located[; and], after the land use authority:
36 (A) provides notice of the public hearing required under Subsection (1)(a)(i)(B) as
37 provided in Section 10-9a-207 ; and
38 (B) holds a public hearing on the proposed subdivision plat; and
39 [(B)] (ii) other officers that the municipality designates in its ordinance; and
40 [(iii)] (b) all approvals are entered in writing on the plat by the designated officers.
41 [(b) Subsection (1)(a) does not apply if the planning commission is the land use
42 authority.]
43 (2) A subdivision plat recorded without the signatures required under this section is
44 void.
45 (3) A transfer of land pursuant to a void plat is voidable.
46 Section 2. Section 17-27a-604 is amended to read:
47 17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
48 (1) [(a)] A person may not submit a subdivision plat to the county recorder's office for
49 recording unless:
50 [(i) except as provided in Subsection (1)(b), a recommendation has been received from
51 the planning commission;]
52 [(ii)] (a) the plat has been approved by:
53 [(A)] (i) the land use authority of the county in whose unincorporated area the land
54 described in the plat is located, after the land use authority:
55 (A) provides notice of the public hearing required under Subsection (1)(a)(i)(B) as
56 provided in Section 17-27a-207 ; and

57 (B) holds a public hearing on the proposed subdivision plat; and
58 [(B)] (ii) other officers that the county designates in its ordinance; and
59 [(iii)] (b) all approvals are entered in writing on the plat by designated officers.
60 [(b) Subsection (1)(a) does not apply if the planning commission is the land use
61 authority.]
62 (2) A plat recorded without the signatures required under this section is void.
63 (3) A transfer of land pursuant to a void plat is voidable.