(b)(i) A municipality may reject evidence, professional engineering data, and
expert testimony that an applicant presents under Subsection (3)(a)(ii)(A) if the
municipality determines that the evidence, data, or testimony is incomplete or
inaccurate or does not adequately assess the risks to the public of the municipality's
approving the land use application.
(ii) All disputes between an applicant and a municipality regarding a
municipality's rejection of evidence, data, or testimony under Subsection (3)(b)(i)
with respect to a land use application shall be resolved in a single binding
arbitration proceeding, as provided in Section 10-9a-709.
6. Page
23, Line 693
:
693
(3)
(a)
A county may not deny a land use application with respect to land
located in an
7. Page
23, Lines 696 through 698
:
696
{
(a)
}
(i)
the county failed to comply with the requirements of Subsection
(1); or
697
{
(b) (i)
}
(ii)(A)
the applicant:
698
{
(A)
}
(I)
presents competent evidence
, subject to Subsection (3)(b),
demonstrating that use of the land as proposed in the
8. Page
23, Lines 701 through 702
:
701
{
(B)
}
(II)
establishes by professional engineering data and the testimony
of competent
702
experts
, subject to Subsection (3)(b),
that the potential detrimental effects resulting
from the use of the land as proposed in
9. Page
23, Line 704
:
704
{
(ii)
}
(B)
the land use application proposes lots with an average size that is
no smaller than
10. Page
23, Lines 707 through 708
:
707
{
(iii)
}
(C)
the land use application otherwise complies with all other
requirements applicable
708
to
{
all other
}
zoning districts
of similar use and density
in the county.
(b)(i) A county may reject evidence, professional engineering data, and
expert testimony that an applicant presents under Subsection (3)(a)(ii)(A) if the
county determines that the evidence, data, or testimony is incomplete or inaccurate
or does not adequately assess the risks to the public of the county's approving the
land use application.
(ii) All disputes between an applicant and a county regarding a county's
rejection of evidence, data, or testimony under Subsection (3)(b)(i) with respect to a
land use application shall be resolved by a single binding arbitration proceeding, as
provided in Section 17-27a-709.
The motion to amend the bill passed unanimously.
Spoke for the bill: Wendell Gibby, citizen (handout)
Rep. Michael Noel
Rep. Christopher Herrod
Spoke against the bill: Mike Ostermiller, Utah Property Rights
Robert Bradshaw, Mapleton City Administrator
Jeff Stenquist, Draper City Council
Gary Crane, Layton City
MOTION: Rep. Oda moved to pass the bill out favorably as amended.
SUBSTITUTE
MOTION: Rep. Fowlke moved to table the bill. The substitute motion failed with Rep. Oda
and Rep. Wiley voting in favor of the motion.
The original motion to pass the bill out favorably passed with Rep. Fowlke and Rep. Wiley
voting against the motion.
MOTION: Rep. Bowman moved to adjourn. The motion passed unanimously.
Rep. Donnelson adjourned the meeting at 9:56 a.m.
__________________________
Rep. Glenn Donnelson, Chair