First Substitute H.B. 349

Representative Gage Froerer proposes the following substitute bill:

1 LOCAL LAND USE REVISIONS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gage Froerer
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the land development authority of a municipal or
10 county land use authority and legislative body.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . prescribes the method by which a property owner may:
15 . execute a parcel boundary adjustment; and
16 . execute a boundary line agreement;
17 . amends provisions governing the dedication of streets and other public places on a
18 plat;
19 . amends provisions authorizing a municipal or county legislative body to vacate or
20 amend a subdivision plat;
21 . amends provisions authorizing a land use authority to amend a plat;
22 . amends provisions authorizing a legislative body to adopt an ordinance or resolution
23 to vacate certain streets, rights-of-way, or easements; and
24 . makes technical and conforming amendments.
25 Money Appropriated in this Bill:

26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 10-9a-103, as last amended by Laws of Utah 2012, Chapter 231
32 10-9a-607, as last amended by Laws of Utah 2010, Chapter 381
33 10-9a-608, as last amended by Laws of Utah 2010, Chapters 269 and 381
34 10-9a-609, as last amended by Laws of Utah 2010, Chapter 381
35 10-9a-609.5, as last amended by Laws of Utah 2010, Chapter 381
36 17-27a-103, as last amended by Laws of Utah 2012, Chapter 231
37 17-27a-607, as last amended by Laws of Utah 2010, Chapter 381
38 17-27a-608, as last amended by Laws of Utah 2010, Chapters 269 and 381
39 17-27a-609, as last amended by Laws of Utah 2010, Chapter 381
40 17-27a-609.5, as last amended by Laws of Utah 2010, Chapter 381
41 ENACTS:
42 10-9a-523, Utah Code Annotated 1953
43 10-9a-524, Utah Code Annotated 1953
44 17-27a-522, Utah Code Annotated 1953
45 17-27a-523, Utah Code Annotated 1953
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 10-9a-103 is amended to read:
49 10-9a-103. Definitions.
50 As used in this chapter:
51 (1) "Affected entity" means a county, municipality, local district, special service
52 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
53 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
54 public utility, a property owner, a property owners association, or the Utah Department of
55 Transportation, if:
56 (a) the entity's services or facilities are likely to require expansion or significant

57 modification because of an intended use of land;
58 (b) the entity has filed with the municipality a copy of the entity's general or long-range
59 plan; or
60 (c) the entity has filed with the municipality a request for notice during the same
61 calendar year and before the municipality provides notice to an affected entity in compliance
62 with a requirement imposed under this chapter.
63 (2) "Appeal authority" means the person, board, commission, agency, or other body
64 designated by ordinance to decide an appeal of a decision of a land use application or a
65 variance.
66 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
67 residential property if the sign is designed or intended to direct attention to a business, product,
68 or service that is not sold, offered, or existing on the property where the sign is located.
69 (4) (a) "Charter school" means:
70 (i) an operating charter school;
71 (ii) a charter school applicant that has its application approved by a chartering entity in
72 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
73 (iii) an entity who is working on behalf of a charter school or approved charter
74 applicant to develop or construct a charter school building.
75 (b) "Charter school" does not include a therapeutic school.
76 (5) "Conditional use" means a land use that, because of its unique characteristics or
77 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
78 compatible in some areas or may be compatible only if certain conditions are required that
79 mitigate or eliminate the detrimental impacts.
80 (6) "Constitutional taking" means a governmental action that results in a taking of
81 private property so that compensation to the owner of the property is required by the:
82 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
83 (b) Utah Constitution Article I, Section 22.
84 (7) "Culinary water authority" means the department, agency, or public entity with
85 responsibility to review and approve the feasibility of the culinary water system and sources for
86 the subject property.
87 (8) "Development activity" means:

88 (a) any construction or expansion of a building, structure, or use that creates additional
89 demand and need for public facilities;
90 (b) any change in use of a building or structure that creates additional demand and need
91 for public facilities; or
92 (c) any change in the use of land that creates additional demand and need for public
93 facilities.
94 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
95 or more of a person's major life activities, including a person having a record of such an
96 impairment or being regarded as having such an impairment.
97 (b) "Disability" does not include current illegal use of, or addiction to, any federally
98 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
99 802.
100 (10) "Educational facility":
101 (a) means:
102 (i) a school district's building at which pupils assemble to receive instruction in a
103 program for any combination of grades from preschool through grade 12, including
104 kindergarten and a program for children with disabilities;
105 (ii) a structure or facility:
106 (A) located on the same property as a building described in Subsection (10)(a)(i); and
107 (B) used in support of the use of that building; and
108 (iii) a building to provide office and related space to a school district's administrative
109 personnel; and
110 (b) does not include:
111 (i) land or a structure, including land or a structure for inventory storage, equipment
112 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
113 (A) not located on the same property as a building described in Subsection (10)(a)(i);
114 and
115 (B) used in support of the purposes of a building described in Subsection (10)(a)(i); or
116 (ii) a therapeutic school.
117 (11) "Elderly person" means a person who is 60 years old or older, who desires or
118 needs to live with other elderly persons in a group setting, but who is capable of living

119 independently.
120 (12) "Fire authority" means the department, agency, or public entity with responsibility
121 to review and approve the feasibility of fire protection and suppression services for the subject
122 property.
123 (13) "Flood plain" means land that:
124 (a) is within the 100-year flood plain designated by the Federal Emergency
125 Management Agency; or
126 (b) has not been studied or designated by the Federal Emergency Management Agency
127 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
128 the land has characteristics that are similar to those of a 100-year flood plain designated by the
129 Federal Emergency Management Agency.
130 (14) "General plan" means a document that a municipality adopts that sets forth general
131 guidelines for proposed future development of the land within the municipality.
132 (15) "Geologic hazard" means:
133 (a) a surface fault rupture;
134 (b) shallow groundwater;
135 (c) liquefaction;
136 (d) a landslide;
137 (e) a debris flow;
138 (f) unstable soil;
139 (g) a rock fall; or
140 (h) any other geologic condition that presents a risk:
141 (i) to life;
142 (ii) of substantial loss of real property; or
143 (iii) of substantial damage to real property.
144 (16) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
145 meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
146 utility system.
147 (17) "Identical plans" means building plans submitted to a municipality that:
148 (a) are clearly marked as "identical plans";
149 (b) are substantially identical to building plans that were previously submitted to and

150 reviewed and approved by the municipality; and
151 (c) describe a building that:
152 (i) is located on land zoned the same as the land on which the building described in the
153 previously approved plans is located;
154 (ii) is subject to the same geological and meteorological conditions and the same law
155 as the building described in the previously approved plans;
156 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
157 and approved by the municipality; and
158 (iv) does not require any additional engineering or analysis.
159 (18) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
160 Impact Fees Act.
161 (19) "Improvement assurance" means a surety bond, letter of credit, cash, or other
162 security:
163 (a) to guaranty the proper completion of an improvement;
164 (b) that is required as a condition precedent to:
165 (i) recording a subdivision plat; or
166 (ii) beginning development activity; and
167 (c) that is offered to a land use authority to induce the land use authority, before actual
168 construction of required improvements, to:
169 (i) consent to the recording of a subdivision plat; or
170 (ii) issue a permit for development activity.
171 (20) "Improvement assurance warranty" means a promise that the materials and
172 workmanship of improvements:
173 (a) comport with standards that the municipality has officially adopted; and
174 (b) will not fail in any material respect within a warranty period.
175 (21) "Internal lot restriction" means a platted note, platted demarcation, or platted
176 designation that:
177 (a) runs with the land; and
178 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
179 the plat; or
180 (ii) designates a development condition that is enclosed within the perimeter of a lot

181 described on the plat.
182 (22) "Land use application" means an application required by a municipality's land use
183 ordinance.
184 (23) "Land use authority" means a person, board, commission, agency, or other body
185 designated by the local legislative body to act upon a land use application.
186 (24) "Land use ordinance" means a planning, zoning, development, or subdivision
187 ordinance of the municipality, but does not include the general plan.
188 (25) "Land use permit" means a permit issued by a land use authority.
189 (26) "Legislative body" means the municipal council.
190 (27) "Local district" means an entity under Title 17B, Limited Purpose Local
191 Government Entities - Local Districts, and any other governmental or quasi-governmental
192 entity that is not a county, municipality, school district, or the state.
193 (28) (a) "Lot" means a lot, unit, area, building, tract, or other description of real estate
194 that is identified on a recorded plat.
195 (b) "Lot" does not include a parcel.
196 [(28)] (29) "Lot line adjustment" means the relocation of the property boundary line in
197 a subdivision between two adjoining lots with the consent of the owners of record.
198 [(29)] (30) "Moderate income housing" means housing occupied or reserved for
199 occupancy by households with a gross household income equal to or less than 80% of the
200 median gross income for households of the same size in the county in which the city is located.
201 [(30)] (31) "Nominal fee" means a fee that reasonably reimburses a municipality only
202 for time spent and expenses incurred in:
203 (a) verifying that building plans are identical plans; and
204 (b) reviewing and approving those minor aspects of identical plans that differ from the
205 previously reviewed and approved building plans.
206 [(31)] (32) "Noncomplying structure" means a structure that:
207 (a) legally existed before its current land use designation; and
208 (b) because of one or more subsequent land use ordinance changes, does not conform
209 to the setback, height restrictions, or other regulations, excluding those regulations, which
210 govern the use of land.
211 [(32)] (33) "Nonconforming use" means a use of land that:

212 (a) legally existed before its current land use designation;
213 (b) has been maintained continuously since the time the land use ordinance governing
214 the land changed; and
215 (c) because of one or more subsequent land use ordinance changes, does not conform
216 to the regulations that now govern the use of the land.
217 [(33)] (34) "Official map" means a map drawn by municipal authorities and recorded in
218 a county recorder's office that:
219 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
220 highways and other transportation facilities;
221 (b) provides a basis for restricting development in designated rights-of-way or between
222 designated setbacks to allow the government authorities time to purchase or otherwise reserve
223 the land; and
224 (c) has been adopted as an element of the municipality's general plan.
225 (35) "Parcel" means a description of real estate that is not part of a recorded plat.
226 (36) "Parcel boundary adjustment" means a recorded agreement between owners of
227 adjoining properties adjusting their mutual boundary if:
228 (a) no additional parcel is created; and
229 (b) each property identified in the agreement is unsubdivided land, including a
230 remainder of subdivided land.
231 [(34)] (37) "Person" means an individual, corporation, partnership, organization,
232 association, trust, governmental agency, or any other legal entity.
233 [(35)] (38) "Plan for moderate income housing" means a written document adopted by
234 a city legislative body that includes:
235 (a) an estimate of the existing supply of moderate income housing located within the
236 city;
237 (b) an estimate of the need for moderate income housing in the city for the next five
238 years as revised biennially;
239 (c) a survey of total residential land use;
240 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
241 income housing; and
242 (e) a description of the city's program to encourage an adequate supply of moderate

243 income housing.
244 [(36)] (39) "Plat" or "final plat" means a map, plat, or other graphical representation of
245 lands being laid out [and prepared in accordance with Section 10-9a-603 , 17-23-17 , or
246 57-8-13 ], subdivided, defined, or described for a subdivision, condominium, townhouse,
247 planned unit development, or other land development purpose.
248 [(37)] (40) "Potential geologic hazard area" means an area that:
249 (a) is designated by a Utah Geological Survey map, county geologist map, or other
250 relevant map or report as needing further study to determine the area's potential for geologic
251 hazard; or
252 (b) has not been studied by the Utah Geological Survey or a county geologist but
253 presents the potential of geologic hazard because the area has characteristics similar to those of
254 a designated geologic hazard area.
255 [(38)] (41) "Public agency" means:
256 (a) the federal government;
257 (b) the state;
258 (c) a county, municipality, school district, local district, special service district, or other
259 political subdivision of the state; or
260 (d) a charter school.
261 [(39)] (42) "Public hearing" means a hearing at which members of the public are
262 provided a reasonable opportunity to comment on the subject of the hearing.
263 [(40)] (43) "Public meeting" means a meeting that is required to be open to the public
264 under Title 52, Chapter 4, Open and Public Meetings Act.
265 [(41)] (44) "Receiving zone" means an area of a municipality that the municipality
266 designates, by ordinance, as an area in which an owner of land may receive a transferable
267 development right.
268 [(42)] (45) "Record of survey map" means a map of a survey of land prepared in
269 accordance with Section 17-23-17 .
270 [(43)] (46) "Residential facility for elderly persons" means a single-family or
271 multiple-family dwelling unit that meets the requirements of Section 10-9a-516 , but does not
272 include a health care facility as defined by Section 26-21-2 .
273 [(44)] (47) "Residential facility for persons with a disability" means a residence:

274 (a) in which more than one person with a disability resides; and
275 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
276 Chapter 2, Licensure of Programs and Facilities; or
277 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
278 Health Care Facility Licensing and Inspection Act.
279 [(45)] (48) "Rules of order and procedure" means a set of rules that govern and
280 prescribe in a public meeting:
281 (a) parliamentary order and procedure;
282 (b) ethical behavior; and
283 (c) civil discourse.
284 [(46)] (49) "Sanitary sewer authority" means the department, agency, or public entity
285 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
286 wastewater systems.
287 [(47)] (50) "Sending zone" means an area of a municipality that the municipality
288 designates, by ordinance, as an area from which an owner of land may transfer a transferable
289 development right.
290 [(48)] (51) "Specified public agency" means:
291 (a) the state;
292 (b) a school district; or
293 (c) a charter school.
294 [(49)] (52) "Specified public utility" means an electrical corporation, gas corporation,
295 or telephone corporation, as those terms are defined in Section 54-2-1 .
296 [(50)] (53) "State" includes any department, division, or agency of the state.
297 [(51)] (54) "Street" means a public right-of-way, including a highway, avenue,
298 boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
299 or other way.
300 [(52)] (55) (a) "Subdivision" means any land that is divided, resubdivided or proposed
301 to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
302 purpose, whether immediate or future, for offer, sale, lease, or development either on the
303 installment plan or upon any and all other plans, terms, and conditions.
304 (b) "Subdivision" includes:

305 (i) the division or development of land whether by deed, metes and bounds description,
306 devise and testacy, map, plat, or other recorded instrument; and
307 (ii) except as provided in Subsection [(52)] (55)(c), divisions of land for residential and
308 nonresidential uses, including land used or to be used for commercial, agricultural, and
309 industrial purposes.
310 (c) "Subdivision" does not include:
311 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
312 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
313 neither the resulting combined parcel nor the parcel remaining from the division or partition
314 violates an applicable land use ordinance;
315 (ii) a [recorded agreement between owners of adjoining unsubdivided properties
316 adjusting their mutual boundary] parcel boundary adjustment if:
317 (A) no new lot is created; and
318 (B) the adjustment does not violate applicable land use ordinances;
319 (iii) a recorded document, executed by the owner of record:
320 (A) revising the legal description of more than one contiguous unsubdivided parcel of
321 property into one legal description encompassing all such parcels of property; or
322 (B) joining a subdivided parcel of property to another parcel of property that has not
323 been subdivided, if the joinder does not violate applicable land use ordinances;
324 (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
325 their mutual boundary if:
326 (A) no new dwelling lot or housing unit will result from the adjustment; and
327 (B) the adjustment will not violate any applicable land use ordinance; or
328 (v) a bona fide division or partition of land by deed or other instrument where the land
329 use authority expressly approves in writing the division in anticipation of further land use
330 approvals on the parcel or parcels.
331 (d) The joining of a subdivided parcel of property to another parcel of property that has
332 not been subdivided does not constitute a subdivision under this Subsection [(52)] (55) as to
333 the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
334 subdivision ordinance.
335 [(53)] (56) "Therapeutic school" means a residential group living facility:

336 (a) for four or more individuals who are not related to:
337 (i) the owner of the facility; or
338 (ii) the primary service provider of the facility;
339 (b) that serves students who have a history of failing to function:
340 (i) at home;
341 (ii) in a public school; or
342 (iii) in a nonresidential private school; and
343 (c) that offers:
344 (i) room and board; and
345 (ii) an academic education integrated with:
346 (A) specialized structure and supervision; or
347 (B) services or treatment related to a disability, an emotional development, a
348 behavioral development, a familial development, or a social development.
349 [(54)] (57) "Transferable development right" means a right to develop and use land that
350 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
351 land use rights from a designated sending zone to a designated receiving zone.
352 [(55)] (58) "Unincorporated" means the area outside of the incorporated area of a city
353 or town.
354 (59) "Vacate" means the process in which a legislative body takes formal action to:
355 (a) abdicate the public interest or the interest of a public utility within a recorded plat
356 by eliminating the ability to describe real estate by reference to the plat or portion of the plat
357 that is vacated; and
358 (b) relinquish a public use or claim.
359 (60) "Vacating plat" means a plat that:
360 (a) shows and describes a public street that is being vacated;
361 (b) identifies and describes the ownership of each part or portion of the vacated street;
362 and
363 (c) is prepared by a surveyor.
364 [(56)] (61) "Water interest" means any right to the beneficial use of water, including:
365 (a) each of the rights listed in Section 73-1-11 ; and
366 (b) an ownership interest in the right to the beneficial use of water represented by:

367 (i) a contract; or
368 (ii) a share in a water company, as defined in Section 73-3-3.5 .
369 [(57)] (62) "Zoning map" means a map, adopted as part of a land use ordinance, that
370 depicts land use zones, overlays, or districts.
371 Section 2. Section 10-9a-523 is enacted to read:
372 10-9a-523. Parcel boundary adjustment.
373 (1) A property owner:
374 (a) may execute a parcel boundary adjustment by quitclaim deed; and
375 (b) shall record a parcel boundary adjustment in the office of the county recorder.
376 (2) A parcel boundary adjustment is not subject to the review of a land use authority.
377 Section 3. Section 10-9a-524 is enacted to read:
378 10-9a-524. Boundary line agreement.
379 (1) As used in this section, "boundary line agreement" is an agreement described in
380 Section 57-1-45 .
381 (2) A property owner:
382 (a) may execute a boundary line agreement by quitclaim deed; and
383 (b) shall record a boundary line agreement in the office of the county recorder.
384 (3) A boundary line agreement is not subject to the review of a land use authority.
385 Section 4. Section 10-9a-607 is amended to read:
386 10-9a-607. Dedication of streets and other public places.
387 (1) A final plat that [is signed, dedicated, and acknowledged by each owner of record,
388 and approved according to the procedures specified in this part,] meets the requirements of
389 Section 10-9a-604 :
390 (a) operates, when recorded, as a dedication and granting of an easement or
391 right-of-way of all streets and other public places[,]; and
392 (b) vests the fee of a public easement or right-of-way of those parcels of land in the
393 municipality for [the public for the uses] public use or an entity's use as specifically named or
394 intended in the dedication language included on the final plat.
395 (2) The dedication established by this section does not impose liability upon the
396 municipality for streets and other public places that are dedicated in this manner but are
397 unimproved.

398 (3) (a) If a public easement or right-of-way is located in an area that is annexed, the
399 easement or right-of-way shall vest in the annexing entity.
400 (b) A change of a vesting right described in Subsection (3)(a) does not affect a public
401 utility or other facility, structure, monument, or other property that is owned or controlled by a
402 municipality or a utility owner.
403 Section 5. Section 10-9a-608 is amended to read:
404 10-9a-608. Vacating or amending a subdivision plat -- Legislative body --
405 Recording the amended plat.
406 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
407 subdivision, condominium, or platted project, that has been laid out and platted as provided in
408 this part, may file a written petition with:
409 (i) the land use authority [to], in accordance with Section 10-9a-609, to amend some or
410 all of a plat; or
411 (ii) the legislative body, in accordance with this section, to have some or all of the plat
412 vacated or amended.
413 (b) If a petition signed by each owner of interest of property located within the plat or a
414 portion of a plat is filed under Subsection (1)(a)(i) to vacate all of a plat or a portion of a plat,
415 the [land use authority] legislative body shall:
416 (i) prepare a vacating plat; and
417 (ii) except as provided in Subsection (2), hold a public hearing within 45 days after the
418 day on which the petition is filed [if:].
419 [(i) any owner within the plat notifies the municipality of the owner's objection in
420 writing within 10 days of mailed notification; or]
421 [(ii) a public hearing is required because all of the owners in the subdivision have not
422 signed the revised plat.]
423 [(2) Unless a local ordinance provides otherwise, the public hearing requirement of
424 Subsection (1)(b) does not apply and a land use authority may consider at a public meeting an
425 owner's petition to vacate or amend a subdivision plat if:]
426 [(a) the petition seeks to:]
427 [(i) join two or more of the petitioner fee owner's contiguous lots;]
428 [(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will

429 not result in a violation of a land use ordinance or a development condition;]
430 [(iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
431 adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located
432 in the same subdivision;]
433 [(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
434 imposed by the local political subdivision; or]
435 [(v) alter the plat in a manner that does not change existing boundaries or other
436 attributes of lots within the subdivision that are not:]
437 [(A) owned by the petitioner; or]
438 [(B) designated as a common area; and]
439 [(b) notice has been given to adjacent property owners in accordance with any
440 applicable local ordinance.]
441 (c) The legislative body:
442 (i) may, in accordance with Section 10-9a-609.5 , approve the plat vacation if no owner
443 of interest of property located within the plat or a portion of the plat objects to the vacation at
444 the public hearing; and
445 (ii) may not approve the plat vacation if an owner of interest of property located within
446 the plat or a portion of the plat objects to the vacation at the public hearing.
447 (2) If a petition signed by each owner of interest is filed in accordance with Subsection
448 (1)(a) to amend all or a portion of a plat, the legislative body may, at a public meeting, approve
449 the amendment subject to Subsection (3).
450 (3) (a) If a proposed amendment included in a petition is an amendment that would
451 affect an easement held by a public utility company, and the easement is the only affected
452 public interest, the legislative body shall:
453 (i) send notice to the affected public utility at least 30 days prior to the public meeting;
454 and
455 (ii) if the public utility does not respond within 15 days after the day on which the
456 notice in Subsection (3)(a)(i) is sent, and no later than 15 days before the public meeting, send
457 a second notice.
458 (b) A notice required under Subsection (3)(a) shall:
459 (i) identify the easement identified in the proposed amendment in the petition;

460 (ii) request that the public utility provide the legislative body with a written release or
461 notice of disinterest; and
462 (iii) provide a deadline for the public utility to submit the written release or notice to
463 the legislative body that is no sooner than 30 days after the day on which the first notice is sent.
464 (c) If the affected public utility does not provide a written release or notice of
465 disinterest to the legislative body within 30 days of receiving the first notice described in
466 Subsection (3)(a)(i), the legislative body:
467 (i) may approve the amendment if there is no utility infrastructure located within a lot
468 or easement identified in the petition; and
469 (ii) may not approve the amendment if there is utility infrastructure located within a lot
470 or easement identified in the petition.
471 (d) The legislative body may approve an amendment described in Subsection (3)(c)(i)
472 without a plat.
473 (e) The legislative body may not approve an amendment to a plat or a portion of a plat
474 that affects a public interest other than an interest described in Subsection (3)(a), unless:
475 (i) the legislative body holds a public hearing prior to or concurrent with final plat
476 approval; and
477 (ii) no member of the public objects to the amendment approval at the public hearing.
478 (4) The legislative body shall by ordinance or resolution vacate prior to or concurrent
479 with adoption of a final amended plat each lot and each public or private interest that is
480 amended in accordance with Subsection (2).
481 [(3)] (5) Each request to vacate or amend a plat that contains a request to vacate or
482 amend a public street, right-of-way, or easement is also subject to Section 10-9a-609.5 .
483 [(4)] (6) (a) Each petition to vacate or amend an entire plat or a portion of a plat shall
484 include:
485 [(a)] (i) the name and address of each owner of record of the land contained in:
486 (A) the entire plat; or [on]
487 (B) that portion of the plat described in the petition; [and]
488 [(b)] (ii) the signature of each owner [described in Subsection (4)(a)] who consents to
489 the petition[.]; and
490 (iii) the seal and signature of the surveyor who prepared the description included in the

491 petition.
492 (b) A description prepared for purposes described in Subsection (6)(a)(iii) is exempt
493 from the requirements of Section 17-23-17 .
494 [(5) (a) The owners of record of adjacent parcels that are described by either a metes
495 and bounds description or by a recorded plat may exchange title to portions of those parcels if
496 the exchange of title is approved by the land use authority in accordance with Subsection
497 (5)(b).]
498 [(b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
499 the exchange of title will not result in a violation of any land use ordinance.]
500 [(c) If an exchange of title is approved under Subsection (5)(b):]
501 [(i) a notice of approval shall be recorded in the office of the county recorder which:]
502 [(A) is executed by each owner included in the exchange and by the land use
503 authority;]
504 [(B) contains an acknowledgment for each party executing the notice in accordance
505 with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and]
506 [(C) recites the descriptions of both the original parcels and the parcels created by the
507 exchange of title; and]
508 [(ii) a document of conveyance shall be recorded in the office of the county recorder.]
509 [(d) A notice of approval recorded under this Subsection (5) does not act as a
510 conveyance of title to real property and is not required in order to record a document conveying
511 title to real property.]
512 [(6)] (7) (a) The name of a recorded subdivision may be changed by recording an
513 [amended plat] ordinance or resolution making that change, as provided in this section [and].
514 (b) A changed name is subject to Subsection [(6) (c)] (8).
515 [(b) The surveyor preparing the amended plat shall certify that the surveyor:]
516 [(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
517 Professional Land Surveyors Licensing Act;]
518 [(ii) has completed a survey of the property described on the plat in accordance with
519 Section 17-23-17 and has verified all measurements; and]
520 [(iii) has placed monuments as represented on the plat.]
521 [(c) An owner of land may not submit for recording an amended plat that gives the

522 subdivision described in the amended plat the same name as a subdivision in a plat already
523 recorded in the county recorder's office.]
524 (8) (a) Except as provided in Subsection (8)(b), the county recorder shall approve the
525 name of an amended plat.
526 (b) A county recorder may not approve the name of an amended plat, unless the name:
527 (i) identifies the plat being amended; and
528 (ii) contains a designation so that the amendment may be uniquely identified from
529 another plat of record.
530 (c) The county recorder may make a marginal note on the original dedication plat being
531 amended in accordance with Subsection (8)(a) to identify the new name and the ordinance or
532 resolution enacting the change of name.
533 [(d)] (9) Except as provided in Subsection [(6)] (7)(a), the recording of [a] an
534 ordinance, resolution, declaration, or other document that purports to change the name of a
535 recorded plat is void.
536 (10) A person may not submit an amended plat to the county recorder for recording,
537 unless the plat is signed, acknowledged, and dedicated by each owner of record of the portion
538 of the plat that is amended.
539 (11) A management committee, as defined in Section 57-8-3 , may sign and dedicate an
540 amended plat as provided in Title 57, Chapter 8, Condominium Ownership Act.
541 (12) A plat may be corrected in accordance with Section 57-3-106 if the correction
542 does not substantially or materially change the certifications, dedications, or approvals as
543 originally intended.
544 Section 6. Section 10-9a-609 is amended to read:
545 10-9a-609. Amending a plat -- Land use authority -- Recording the amended plat.
546 (1) [The] If authorized by the legislative body, the land use authority may approve the
547 [vacation or] amendment of a plat by signing an amended plat [showing the vacation or
548 amendment if], unless the land use authority finds that[: (a) there is good cause for the
549 vacation or amendment; and (b) no public] the amendment amends, changes, or alters a street,
550 right-of-way, or public utility easement [has been vacated or amended].
551 (2) The land use authority shall ensure that the amended plat [showing the vacation or
552 amendment] prepared by a surveyor is recorded in the office of the county recorder in which

553 the land is located.
554 [(3) A legislative body may vacate a subdivision or a portion of a subdivision by
555 recording in the county recorder's office an ordinance describing the subdivision or the portion
556 being vacated.]
557 (3) (a) Unless a local ordinance provides otherwise, and subject to Subsection (3)(b), a
558 land use authority shall consider an owner's petition to amend a plat or a portion of a plat if the
559 petition seeks to:
560 (i) join two or more petitioning fee owner's contiguous lots;
561 (ii) subdivide one or more of the petitioning fee owner's lots;
562 (iii) adjust an internal lot restriction or easement on a lot owned by a petitioning fee
563 owner; or
564 (iv) alter a plat in a manner that does not change existing boundaries or other attributes
565 of a lot within the subdivision if:
566 (A) the lot is not owned by the petitioner;
567 (B) the alteration is not designated as a common area; and
568 (C) in accordance with an applicable local ordinance, each adjacent property owner has
569 received notice of the proposed alteration.
570 (b) The land use authority may not approve an amendment proposed in a petition if:
571 (i) the subdivision will result in a violation of a land use ordinance or development
572 condition;
573 (ii) the amendment requires the alteration or vacation of a public street or public
574 easement; or
575 (iii) the land use authority has not complied with the requirements of Subsection (4).
576 (c) If a land use authority approves a petition, the land use authority shall submit to the
577 legislative body a proposed ordinance or resolution to vacate prior to or concurrent with
578 approval of an amended plat each lot or easement involved in an adjustment described in
579 Subsection (3)(a).
580 (d) The land use authority shall ensure that the amended plat prepared by the surveyor
581 is recorded in the office of the county recorder in which the land is located.
582 (4) (a) If a proposed amendment included in a petition is an amendment that would
583 affect an easement held by a public utility company, the land use authority shall:

584 (i) send notice to the affected public utility at least 30 days prior to taking action on the
585 petition; and
586 (ii) if the public utility does not respond within 15 days after the day on which the
587 notice in Subsection (4)(a)(i) is sent, and no later than 15 days before taking final action, send a
588 second notice.
589 (b) A notice required under Subsection (4)(a) shall:
590 (i) identify the easement identified in the proposed amendment in the petition;
591 (ii) request that the public utility provide the land use authority with a written release
592 or notice of disinterest; and
593 (iii) provide a deadline for the public utility to submit the written release or notice to
594 the land use authority that is no sooner than 30 days after the day on which the first notice is
595 sent.
596 (c) If the affected public utility does not provide a written release or notice of
597 disinterest to the land use authority within 30 days of receiving the first notice described in
598 Subsection (4)(a)(i), the land use authority:
599 (i) may approve the amendment and propose to the legislative body an ordinance or
600 resolution to vacate prior to or concurrent with approval of an amended plat each lot or
601 easement described in a petition described in Subsection (3)(a) if there is no utility
602 infrastructure located within a lot or easement identified in the petition; and
603 (ii) may not approve the amendment or propose to the legislative body an ordinance or
604 resolution to vacate if there is utility infrastructure located within a lot or easement identified in
605 the petition.
606 (5) (a) The owners of record of adjacent parcels may exchange title to portions of those
607 parcels if the exchange of title is:
608 (i) approved by the land use authority in accordance with Subsection (5)(b); and
609 (ii) an exchange described in Subsection 17-27a-103 (59)(c).
610 (b) The land use authority shall approve an exchange of title in accordance with this
611 Subsection (5) if the exchange of title will not result in a violation of a land use ordinance.
612 (c) If an exchange of title is approved under Subsection (5)(b):
613 (i) the land use authority shall affix a notice of approval to the face of a plat prepared in
614 accordance with Section 17-23-17 showing the exchange of title and file the notice in the office

615 of the county surveyor; and
616 (ii) each owner of record shall, concurrent with the filing of the record of survey plat
617 required in accordance with Subsection (5)(c)(i), record a deed of conveyance of title reflecting
618 the approved change in the office of the county recorder of each affected county.
619 (d) A notice of approval recorded under this Subsection (5) does not act as a
620 conveyance of title to real property and is not required to record a document conveying title to
621 real property.
622 [(4)] (6) An amended plat may not be submitted to the county recorder for recording
623 unless it is signed, acknowledged, and dedicated by each owner of record of the portion of the
624 plat that is amended.
625 [(5)] (7) A management committee may sign and dedicate an amended plat as provided
626 in Title 57, Chapter 8, Condominium Ownership Act.
627 [(6)] (8) A plat may be corrected as provided in Section 57-3-106 if the correction does
628 not substantially or materially change the certifications, dedications, or approvals as originally
629 intended.
630 Section 7. Section 10-9a-609.5 is amended to read:
631 10-9a-609.5. Vacating a street, right-of-way, or easement.
632 (1) A petition to vacate some or all of a public street, right-of-way, or easement shall
633 include:
634 (a) the name and address of each owner of record of land that is:
635 (i) adjacent to the public street, right-of-way, or easement; or
636 (ii) accessed exclusively by or within 300 feet of the public street, right-of-way, or
637 easement; and
638 (b) the signature of each owner under Subsection (1)(a) who consents to the vacation.
639 (2) If a petition is submitted containing a request to vacate some or all of a street,
640 right-of-way, or easement, the legislative body shall hold a public hearing in accordance with
641 Section 10-9a-208 and determine whether:
642 (a) good cause exists for the vacation; and
643 (b) the public interest or any person will be materially injured by the proposed
644 vacation.
645 (3) The legislative body may adopt an ordinance or resolution granting a petition to

646 vacate some or all of a public street, right-of-way, or easement if the legislative body finds that:
647 (a) good cause exists for the vacation; and
648 (b) neither the public interest nor any person will be materially injured by the vacation.
649 (4) If the legislative body adopts an ordinance or resolution vacating some or all of a
650 public street, right-of-way, or easement, the legislative body shall ensure that one or both of the
651 following is recorded in the office of the recorder of the county in which the land is located:
652 (a) a plat [reflecting the vacation], if required in accordance with Section 10-9a-609 ; or
653 (b) an ordinance or resolution described in Subsection (3).
654 (5) The action of the legislative body vacating some or all of a street, right-of-way, or
655 easement that has been dedicated to public use:
656 (a) operates to the extent to which it is vacated, upon the [effective date of the recorded
657 plat,] date of recording in accordance with Subsection (4) as a revocation of the acceptance of
658 and the relinquishment of the municipality's fee or other property interest in the vacated street,
659 right-of-way, or easement; and
660 (b) may not be construed to impair:
661 (i) any right-of-way or easement of any lot owner; or
662 (ii) the franchise rights of any public utility.
663 Section 8. Section 17-27a-103 is amended to read:
664 17-27a-103. Definitions.
665 As used in this chapter:
666 (1) "Affected entity" means a county, municipality, local district, special service
667 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
668 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
669 property owner, property owners association, public utility, or the Utah Department of
670 Transportation, if:
671 (a) the entity's services or facilities are likely to require expansion or significant
672 modification because of an intended use of land;
673 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
674 or
675 (c) the entity has filed with the county a request for notice during the same calendar
676 year and before the county provides notice to an affected entity in compliance with a

677 requirement imposed under this chapter.
678 (2) "Appeal authority" means the person, board, commission, agency, or other body
679 designated by ordinance to decide an appeal of a decision of a land use application or a
680 variance.
681 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
682 residential property if the sign is designed or intended to direct attention to a business, product,
683 or service that is not sold, offered, or existing on the property where the sign is located.
684 (4) (a) "Charter school" means:
685 (i) an operating charter school;
686 (ii) a charter school applicant that has its application approved by a chartering entity in
687 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
688 (iii) an entity who is working on behalf of a charter school or approved charter
689 applicant to develop or construct a charter school building.
690 (b) "Charter school" does not include a therapeutic school.
691 (5) "Chief executive officer" means the person or body that exercises the executive
692 powers of the county.
693 (6) "Conditional use" means a land use that, because of its unique characteristics or
694 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
695 compatible in some areas or may be compatible only if certain conditions are required that
696 mitigate or eliminate the detrimental impacts.
697 (7) "Constitutional taking" means a governmental action that results in a taking of
698 private property so that compensation to the owner of the property is required by the:
699 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
700 (b) Utah Constitution Article I, Section 22.
701 (8) "Culinary water authority" means the department, agency, or public entity with
702 responsibility to review and approve the feasibility of the culinary water system and sources for
703 the subject property.
704 (9) "Development activity" means:
705 (a) any construction or expansion of a building, structure, or use that creates additional
706 demand and need for public facilities;
707 (b) any change in use of a building or structure that creates additional demand and need

708 for public facilities; or
709 (c) any change in the use of land that creates additional demand and need for public
710 facilities.
711 (10) (a) "Disability" means a physical or mental impairment that substantially limits
712 one or more of a person's major life activities, including a person having a record of such an
713 impairment or being regarded as having such an impairment.
714 (b) "Disability" does not include current illegal use of, or addiction to, any federally
715 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
716 802.
717 (11) "Educational facility":
718 (a) means:
719 (i) a school district's building at which pupils assemble to receive instruction in a
720 program for any combination of grades from preschool through grade 12, including
721 kindergarten and a program for children with disabilities;
722 (ii) a structure or facility:
723 (A) located on the same property as a building described in Subsection (11)(a)(i); and
724 (B) used in support of the use of that building; and
725 (iii) a building to provide office and related space to a school district's administrative
726 personnel; and
727 (b) does not include:
728 (i) land or a structure, including land or a structure for inventory storage, equipment
729 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
730 (A) not located on the same property as a building described in Subsection (11)(a)(i);
731 and
732 (B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
733 (ii) a therapeutic school.
734 (12) "Elderly person" means a person who is 60 years old or older, who desires or
735 needs to live with other elderly persons in a group setting, but who is capable of living
736 independently.
737 (13) "Fire authority" means the department, agency, or public entity with responsibility
738 to review and approve the feasibility of fire protection and suppression services for the subject

739 property.
740 (14) "Flood plain" means land that:
741 (a) is within the 100-year flood plain designated by the Federal Emergency
742 Management Agency; or
743 (b) has not been studied or designated by the Federal Emergency Management Agency
744 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
745 the land has characteristics that are similar to those of a 100-year flood plain designated by the
746 Federal Emergency Management Agency.
747 (15) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
748 (16) "General plan" means a document that a county adopts that sets forth general
749 guidelines for proposed future development of the unincorporated land within the county.
750 (17) "Geologic hazard" means:
751 (a) a surface fault rupture;
752 (b) shallow groundwater;
753 (c) liquefaction;
754 (d) a landslide;
755 (e) a debris flow;
756 (f) unstable soil;
757 (g) a rock fall; or
758 (h) any other geologic condition that presents a risk:
759 (i) to life;
760 (ii) of substantial loss of real property; or
761 (iii) of substantial damage to real property.
762 (18) "Internal lot restriction" means a platted note, platted demarcation, or platted
763 designation that:
764 (a) runs with the land; and
765 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
766 the plat; or
767 (ii) designates a development condition that is enclosed within the perimeter of a lot
768 described on the plat.
769 (19) "Hookup fee" means a fee for the installation and inspection of any pipe, line,

770 meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
771 system.
772 (20) "Identical plans" means building plans submitted to a county that:
773 (a) are clearly marked as "identical plans";
774 (b) are substantially identical building plans that were previously submitted to and
775 reviewed and approved by the county; and
776 (c) describe a building that:
777 (i) is located on land zoned the same as the land on which the building described in the
778 previously approved plans is located;
779 (ii) is subject to the same geological and meteorological conditions and the same law
780 as the building described in the previously approved plans;
781 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
782 and approved by the county; and
783 (iv) does not require any additional engineering or analysis.
784 (21) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
785 Impact Fees Act.
786 (22) "Improvement assurance" means a surety bond, letter of credit, cash, or other
787 security:
788 (a) to guaranty the proper completion of an improvement;
789 (b) that is required as a condition precedent to:
790 (i) recording a subdivision plat; or
791 (ii) beginning development activity; and
792 (c) that is offered to a land use authority to induce the land use authority, before actual
793 construction of required improvements, to:
794 (i) consent to the recording of a subdivision plat; or
795 (ii) issue a permit for development activity.
796 (23) "Improvement assurance warranty" means a promise that the materials and
797 workmanship of improvements:
798 (a) comport with standards that the county has officially adopted; and
799 (b) will not fail in any material respect within a warranty period.
800 (24) "Interstate pipeline company" means a person or entity engaged in natural gas

801 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
802 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
803 (25) "Intrastate pipeline company" means a person or entity engaged in natural gas
804 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
805 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
806 (26) "Land use application" means an application required by a county's land use
807 ordinance.
808 (27) "Land use authority" means a person, board, commission, agency, or other body
809 designated by the local legislative body to act upon a land use application.
810 (28) "Land use ordinance" means a planning, zoning, development, or subdivision
811 ordinance of the county, but does not include the general plan.
812 (29) "Land use permit" means a permit issued by a land use authority.
813 (30) "Legislative body" means the county legislative body, or for a county that has
814 adopted an alternative form of government, the body exercising legislative powers.
815 (31) "Local district" means any entity under Title 17B, Limited Purpose Local
816 Government Entities - Local Districts, and any other governmental or quasi-governmental
817 entity that is not a county, municipality, school district, or the state.
818 (32) (a) "Lot" means a lot, unit, area, building, tract, or other description of real estate
819 that is identified on a recorded plat.
820 (b) "Lot" does not include a parcel.
821 [(32)] (33) "Lot line adjustment" means the relocation of the property boundary line in
822 a recorded subdivision between two or more adjoining lots with the consent of the owners of
823 record.
824 [(33)] (34) "Moderate income housing" means housing occupied or reserved for
825 occupancy by households with a gross household income equal to or less than 80% of the
826 median gross income for households of the same size in the county in which the housing is
827 located.
828 [(34)] (35) "Nominal fee" means a fee that reasonably reimburses a county only for
829 time spent and expenses incurred in:
830 (a) verifying that building plans are identical plans; and
831 (b) reviewing and approving those minor aspects of identical plans that differ from the

832 previously reviewed and approved building plans.
833 [(35)] (36) "Noncomplying structure" means a structure that:
834 (a) legally existed before its current land use designation; and
835 (b) because of one or more subsequent land use ordinance changes, does not conform
836 to the setback, height restrictions, or other regulations, excluding those regulations that govern
837 the use of land.
838 [(36)] (37) "Nonconforming use" means a use of land that:
839 (a) legally existed before its current land use designation;
840 (b) has been maintained continuously since the time the land use ordinance regulation
841 governing the land changed; and
842 (c) because of one or more subsequent land use ordinance changes, does not conform
843 to the regulations that now govern the use of the land.
844 [(37)] (38) "Official map" means a map drawn by county authorities and recorded in
845 the county recorder's office that:
846 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
847 highways and other transportation facilities;
848 (b) provides a basis for restricting development in designated rights-of-way or between
849 designated setbacks to allow the government authorities time to purchase or otherwise reserve
850 the land; and
851 (c) has been adopted as an element of the county's general plan.
852 (39) "Parcel" means a description of real estate that is not part of a recorded plat.
853 (40) "Parcel boundary adjustment" means a recorded agreement between owners of
854 adjoining properties adjusting their mutual boundary if:
855 (a) no additional parcel is created; and
856 (b) each property identified in the agreement is unsubdivided land, including a
857 remainder of subdivided land.
858 [(38)] (41) "Person" means an individual, corporation, partnership, organization,
859 association, trust, governmental agency, or any other legal entity.
860 [(39)] (42) "Plan for moderate income housing" means a written document adopted by
861 a county legislative body that includes:
862 (a) an estimate of the existing supply of moderate income housing located within the

863 county;
864 (b) an estimate of the need for moderate income housing in the county for the next five
865 years as revised biennially;
866 (c) a survey of total residential land use;
867 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
868 income housing; and
869 (e) a description of the county's program to encourage an adequate supply of moderate
870 income housing.
871 [(40)] (43) "Plat" or "final plat" means a map, plat, or other graphical representation of
872 lands being laid out [and prepared in accordance with Section 17-27a-603 , 17-23-17 , or
873 57-8-13 ], subdivided, defined, or described for a subdivision, condominium, townhouse,
874 planned unit development, or other land development purpose.
875 [(41)] (44) "Potential geologic hazard area" means an area that:
876 (a) is designated by a Utah Geological Survey map, county geologist map, or other
877 relevant map or report as needing further study to determine the area's potential for geologic
878 hazard; or
879 (b) has not been studied by the Utah Geological Survey or a county geologist but
880 presents the potential of geologic hazard because the area has characteristics similar to those of
881 a designated geologic hazard area.
882 [(42)] (45) "Public agency" means:
883 (a) the federal government;
884 (b) the state;
885 (c) a county, municipality, school district, local district, special service district, or other
886 political subdivision of the state; or
887 (d) a charter school.
888 [(43)] (46) "Public hearing" means a hearing at which members of the public are
889 provided a reasonable opportunity to comment on the subject of the hearing.
890 [(44)] (47) "Public meeting" means a meeting that is required to be open to the public
891 under Title 52, Chapter 4, Open and Public Meetings Act.
892 [(45)] (48) "Receiving zone" means an unincorporated area of a county that the county
893 designates, by ordinance, as an area in which an owner of land may receive a transferable

894 development right.
895 [(46)] (49) "Record of survey map" means a map of a survey of land prepared in
896 accordance with Section 17-23-17 .
897 [(47)] (50) "Residential facility for elderly persons" means a single-family or
898 multiple-family dwelling unit that meets the requirements of Section 17-27a-515 , but does not
899 include a health care facility as defined by Section 26-21-2 .
900 [(48)] (51) "Residential facility for persons with a disability" means a residence:
901 (a) in which more than one person with a disability resides; and
902 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
903 Chapter 2, Licensure of Programs and Facilities; or
904 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
905 Health Care Facility Licensing and Inspection Act.
906 [(49)] (52) "Rules of order and procedure" means a set of rules that govern and
907 prescribe in a public meeting:
908 (a) parliamentary order and procedure;
909 (b) ethical behavior; and
910 (c) civil discourse.
911 [(50)] (53) "Sanitary sewer authority" means the department, agency, or public entity
912 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
913 wastewater systems.
914 [(51)] (54) "Sending zone" means an unincorporated area of a county that the county
915 designates, by ordinance, as an area from which an owner of land may transfer a transferable
916 development right.
917 [(52)] (55) "Specified public agency" means:
918 (a) the state;
919 (b) a school district; or
920 (c) a charter school.
921 [(53)] (56) "Specified public utility" means an electrical corporation, gas corporation,
922 or telephone corporation, as those terms are defined in Section 54-2-1 .
923 [(54)] (57) "State" includes any department, division, or agency of the state.
924 [(55)] (58) "Street" means a public right-of-way, including a highway, avenue,

925 boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
926 or other way.
927 [(56)] (59) (a) "Subdivision" means any land that is divided, resubdivided or proposed
928 to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
929 purpose, whether immediate or future, for offer, sale, lease, or development either on the
930 installment plan or upon any and all other plans, terms, and conditions.
931 (b) "Subdivision" includes:
932 (i) the division or development of land whether by deed, metes and bounds description,
933 devise and testacy, map, plat, or other recorded instrument; and
934 (ii) except as provided in Subsection [(56)] (59)(c), divisions of land for residential and
935 nonresidential uses, including land used or to be used for commercial, agricultural, and
936 industrial purposes.
937 (c) "Subdivision" does not include:
938 [(i) a bona fide division or partition of agricultural land for agricultural purposes;]
939 [(ii) a recorded agreement between owners of adjoining properties adjusting their
940 mutual boundary if:]
941 (i) a parcel boundary adjustment if:
942 (A) no new lot is created; and
943 (B) the adjustment does not violate applicable land use ordinances;
944 [(iii)] (ii) a recorded document, executed by the owner of record:
945 (A) revising the legal description of more than one contiguous unsubdivided parcel of
946 property into one legal description encompassing all such parcels of property; or
947 (B) joining a subdivided parcel of property to another parcel of property that has not
948 been subdivided, if the joinder does not violate applicable land use ordinances;
949 [(iv)] (iii) a bona fide division or partition of land in a county other than a first class
950 county for the purpose of siting, on one or more of the resulting separate parcels:
951 (A) an electrical transmission line or a substation;
952 (B) a natural gas pipeline or a regulation station; or
953 (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
954 utility service regeneration, transformation, retransmission, or amplification facility;
955 [(v)] (iv) a recorded agreement between owners of adjoining subdivided properties

956 adjusting their mutual boundary if:
957 (A) no new dwelling lot or housing unit will result from the adjustment; and
958 (B) the adjustment will not violate any applicable land use ordinance; or
959 [(vi)] (v) a bona fide division or partition of land by deed or other instrument where the
960 land use authority expressly approves in writing the division in anticipation of further land use
961 approvals on the parcel or parcels.
962 (d) The joining of a subdivided parcel of property to another parcel of property that has
963 not been subdivided does not constitute a subdivision under this Subsection [(56)] (59) as to
964 the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
965 subdivision ordinance.
966 [(57)] (60) "Therapeutic school" means a residential group living facility:
967 (a) for four or more individuals who are not related to:
968 (i) the owner of the facility; or
969 (ii) the primary service provider of the facility;
970 (b) that serves students who have a history of failing to function:
971 (i) at home;
972 (ii) in a public school; or
973 (iii) in a nonresidential private school; and
974 (c) that offers:
975 (i) room and board; and
976 (ii) an academic education integrated with:
977 (A) specialized structure and supervision; or
978 (B) services or treatment related to a disability, an emotional development, a
979 behavioral development, a familial development, or a social development.
980 [(58)] (61) "Township" means a contiguous, geographically defined portion of the
981 unincorporated area of a county, established under this part or reconstituted or reinstated under
982 Section 17-27a-306 , with planning and zoning functions as exercised through the township
983 planning commission, as provided in this chapter, but with no legal or political identity
984 separate from the county and no taxing authority, except that "township" means a former
985 township under Laws of Utah 1996, Chapter 308, where the context so indicates.
986 [(59)] (62) "Transferable development right" means a right to develop and use land that

987 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
988 land use rights from a designated sending zone to a designated receiving zone.
989 [(60)] (63) "Unincorporated" means the area outside of the incorporated area of a
990 municipality.
991 (64) "Vacate" means the process in which a legislative body takes formal action to:
992 (a) abdicate the public interest or the interest of a public utility within a recorded plat
993 by eliminating the ability to describe real estate by reference to the plat or portion of the plat
994 that is vacated; and
995 (b) relinquish a public use or claim.
996 (65) "Vacating plat" means a plat that:
997 (a) shows and describes a public street that is being vacated;
998 (b) identifies and describes the ownership of each part or portion of the vacated street;
999 and
1000 (c) is prepared by a surveyor.
1001 [(61)] (66) "Water interest" means any right to the beneficial use of water, including:
1002 (a) each of the rights listed in Section 73-1-11 ; and
1003 (b) an ownership interest in the right to the beneficial use of water represented by:
1004 (i) a contract; or
1005 (ii) a share in a water company, as defined in Section 73-3-3.5 .
1006 [(62)] (67) "Zoning map" means a map, adopted as part of a land use ordinance, that
1007 depicts land use zones, overlays, or districts.
1008 Section 9. Section 17-27a-522 is enacted to read:
1009 17-27a-522. Parcel boundary adjustment.
1010 (1) A property owner:
1011 (a) may execute a parcel boundary adjustment by quitclaim deed; and
1012 (b) shall record a parcel boundary adjustment in the office of the county recorder.
1013 (2) A parcel boundary adjustment is not subject to the review of a land use authority.
1014 Section 10. Section 17-27a-523 is enacted to read:
1015 17-27a-523. Boundary line agreement.
1016 (1) As used in this section, "boundary line agreement" is an agreement described in
1017 Section 57-1-45 .

1018 (2) A property owner:
1019 (a) may execute a boundary line agreement by quitclaim deed; and
1020 (b) shall record a boundary line agreement in the office of the county recorder.
1021 (3) A boundary line agreement is not subject to the review of a land use authority.
1022 Section 11. Section 17-27a-607 is amended to read:
1023 17-27a-607. Dedication of streets and other public places.
1024 (1) A final plat that [is signed, dedicated, and acknowledged by each owner of record,
1025 and approved according to the procedures specified in this part,] meets the requirements of
1026 Section 17-27a-604 :
1027 (a) operates, when recorded, as a dedication and granting of an easement or
1028 right-of-way of all streets and other public places[,]; and
1029 (b) vests the fee of a public easement or right-of-way on those parcels of land in the
1030 county for [the public for the uses] public use or an entity's use as specifically named or
1031 intended in the dedication language included on the final plat.
1032 (2) The dedication established by this section does not impose liability upon the county
1033 for streets and other public places that are dedicated in this manner but are unimproved.
1034 (3) (a) If a public easement or right-of-way is located in an area that is annexed, the
1035 easement or right-of-way shall vest in the annexing entity.
1036 (b) A change of a vesting right described in Subsection (3)(a) does not affect a public
1037 utility or other facility, structure, monument, or other property that is owned or controlled by a
1038 county or a utility owner.
1039 Section 12. Section 17-27a-608 is amended to read:
1040 17-27a-608. Vacating or amending a subdivision plat -- Legislative body --
1041 Recording the amended plat.
1042 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
1043 subdivision, condominium, or platted project, that has been laid out and platted as provided in
1044 this part, may file a written petition with:
1045 (i) the land use authority, in accordance with Section 17-27a-609, to amend some or all
1046 of a plat; or
1047 (ii) the legislative body, in accordance with this section, to have some or all of the plat
1048 vacated or amended.

1049 (b) If a petition signed by each owner of interest of property located within the plat or a
1050 portion of a plat is filed under Subsection (1)(a)(i) to vacate all of a plat or a portion of a plat,
1051 the [land use authority] legislative body shall:
1052 (i) prepare a vacating plat; and
1053 (ii) except as provided in Subsection (2), hold a public hearing within 45 days after the
1054 day on which the petition is filed [if:].
1055 [(i) any owner within the plat notifies the county of the owner's objection in writing
1056 within 10 days of mailed notification; or]
1057 [(ii) a public hearing is required because all of the owners in the subdivision have not
1058 signed the revised plat.]
1059 [(2) Unless a local ordinance provides otherwise, the public hearing requirement of
1060 Subsection (1)(b) does not apply and a land use authority may consider at a public meeting an
1061 owner's petition to vacate or amend a subdivision plat if:]
1062 [(a) the petition seeks to:]
1063 [(i) join two or more of the petitioning fee owner's contiguous lots;]
1064 [(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will
1065 not result in a violation of a land use ordinance or a development condition;]
1066 [(iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
1067 adjoining lots or parcels join the petition, regardless of whether the lots or parcels are located in
1068 the same subdivision;]
1069 [(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
1070 imposed by the local political subdivision; or]
1071 [(v) alter the plat in a manner that does not change existing boundaries or other
1072 attributes of lots within the subdivision that are not:]
1073 [(A) owned by the petitioner; or]
1074 [(B) designated as a common area; and]
1075 [(b) notice has been given to adjacent property owners in accordance with any
1076 applicable local ordinance.]
1077 (c) The legislative body:
1078 (i) may, in accordance with Section 17-27a-609.5 , approve the plat vacation if no
1079 owner of interest of property located within the plat or a portion of the plat objects to the

1080 vacation at the public hearing; and
1081 (ii) may not approve the plat vacation if an owner of interest of property located within
1082 the plat or a portion of the plat objects to the vacation at the public hearing.
1083 (2) If a petition signed by each owner of interest is filed in accordance with Subsection
1084 (1)(a) to amend all or a portion of a plat, the legislative body may, at a public meeting, approve
1085 the amendment subject to Subsection (3).
1086 (3) (a) If a proposed amendment included in a petition is an amendment that would
1087 affect an easement held by a public utility company, and the easement is the only affected
1088 public interest, the legislative body shall:
1089 (i) send notice to the affected public utility at least 30 days prior to the public meeting;
1090 and
1091 (ii) if the public utility does not respond within 15 days after the day on which the
1092 notice in Subsection (3)(a)(i) is sent, and no later than 15 days before the public meeting, send
1093 a second notice.
1094 (b) A notice required under Subsection (3)(a) shall:
1095 (i) identify the easement identified in the proposed amendment in the petition;
1096 (ii) request that the public utility provide the legislative body with a written release or
1097 notice of disinterest; and
1098 (iii) provide a deadline for the public utility to submit the written release or notice to
1099 the legislative body that is no sooner than 30 days after the day on which the first notice is sent.
1100 (c) If the affected public utility does not provide a written release or notice of
1101 disinterest to the legislative body within 30 days of receiving the first notice described in
1102 Subsection (3)(a)(i), the legislative body:
1103 (i) may approve the amendment if there is no utility infrastructure located within a lot
1104 or easement identified in the petition; and
1105 (ii) may not approve the amendment if there is utility infrastructure located within a lot
1106 or easement identified in the petition.
1107 (d) The legislative body may approve an amendment described in Subsection (3)(c)(i)
1108 without a plat.
1109 (e) The legislative body may not approve an amendment to a plat or a portion of a plat
1110 that affects a public interest other than an interest described in Subsection (3)(a), unless:

1111 (i) the legislative body holds a public hearing prior to or concurrent with final plat
1112 approval; and
1113 (ii) no member of the public objects to the amendment approval at the public hearing.
1114 (4) The legislative body shall by ordinance or resolution vacate prior to or concurrent
1115 with adoption of a final amended plat each lot and each public or private interest that is
1116 amended in accordance with Subsection (2).
1117 [(3)] (5) Each request to vacate or amend a plat that contains a request to vacate or
1118 amend a public street, right-of-way, or easement is also subject to Section 17-27a-609.5 .
1119 [(4)] (6) (a) Each petition to vacate or amend an entire plat or a portion of a plat shall
1120 include:
1121 [(a)] (i) the name and address of each owner of record of the land contained in:
1122 [(i)] (A) the entire plat; or
1123 [(ii)] (B) that portion of the [plan] plat described in the petition; [and]
1124 [(b)] (ii) the signature of each owner who consents to the petition[.]; and
1125 (iii) the seal and signature of the surveyor who prepared the description included in the
1126 petition.
1127 (b) A description prepared for purposes described in Subsection (6)(a)(iii) is exempt
1128 from the requirements of Section 17-23-17 .
1129 [(5) (a) The owners of record of adjacent parcels that are described by either a metes
1130 and bounds description or by a recorded plat may exchange title to portions of those parcels if
1131 the exchange of title is approved by the land use authority in accordance with Subsection
1132 (5)(b).]
1133 [(b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
1134 the exchange of title will not result in a violation of any land use ordinance.]
1135 [(c) If an exchange of title is approved under Subsection (5)(b):]
1136 [(i) a notice of approval shall be recorded in the office of the county recorder which:]
1137 [(A) is executed by each owner included in the exchange and by the land use
1138 authority;]
1139 [(B) contains an acknowledgment for each party executing the notice in accordance
1140 with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and]
1141 [(C) recites the descriptions of both the original parcels and the parcels created by the

1142 exchange of title; and]
1143 [(ii) a document of conveyance of title reflecting the approved change shall be recorded
1144 in the office of the county recorder.]
1145 [(d) A notice of approval recorded under this Subsection (5) does not act as a
1146 conveyance of title to real property and is not required to record a document conveying title to
1147 real property.]
1148 [(6)] (7) (a) The name of a recorded subdivision may be changed by recording an
1149 [amended plat] ordinance or resolution making that change, as provided in this section [and].
1150 (b) A changed name is subject to Subsection [(6)(c)] (8).
1151 [(b) The surveyor preparing the amended plat shall certify that the surveyor:]
1152 [(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
1153 Professional Land Surveyors Licensing Act;]
1154 [(ii) has completed a survey of the property described on the plat in accordance with
1155 Section 17-23-17 and has verified all measurements; and]
1156 [(iii) has placed monuments as represented on the plat.]
1157 [(c) An owner of land may not submit for recording an amended plat that gives the
1158 subdivision described in the amended plat the same name as a subdivision recorded in the
1159 county recorder's office.]
1160 (8) (a) Except as provided in Subsection (8)(b), the county recorder shall approve the
1161 name of an amended plat.
1162 (b) A county recorder may not approve the name of an amended plat, unless the name:
1163 (i) identifies the plat being amended; and
1164 (ii) contains a designation so that the amendment may be uniquely identified from
1165 another plat of record.
1166 (c) The county recorder may make a marginal note on the original dedication plat being
1167 amended in accordance with Subsection (8)(a) to identify the new name and the ordinance or
1168 resolution enacting the change of name.
1169 [(d)] (9) Except as provided in Subsection [(6)] (7)(a), the recording of [a] an
1170 ordinance, resolution, declaration, or other document that purports to change the name of a
1171 recorded plat is void.
1172 (10) A person may not submit an amended plat to the county recorder for recording,

1173 unless the plat is signed, acknowledged, and dedicated by each owner of record of the portion
1174 of the plat that is amended.
1175 (11) A management committee, as defined in Section 57-8-3 , may sign and dedicate an
1176 amended plat as provided in Title 57, Chapter 8, Condominium Ownership Act.
1177 (12) A plat may be corrected in accordance with Section 57-3-106 if the correction
1178 does not substantially or materially change the certifications, dedications, or approvals as
1179 originally intended.
1180 Section 13. Section 17-27a-609 is amended to read:
1181 17-27a-609. Amending a plat -- Land use authority -- Recording the amended
1182 plat.
1183 (1) [The] If authorized by the legislative body, the land use authority may approve the
1184 [vacation or] amendment of a plat by signing an amended plat [showing the vacation or
1185 amendment if], unless the land use authority finds that[: (a) there is good cause for the
1186 vacation or amendment; and (b) no public] the amendment amends, changes, or alters a street,
1187 right-of-way, or public utility easement [has been vacated or amended].
1188 (2) The land use authority shall ensure that the amended plat [showing the vacation or
1189 amendment] prepared by a surveyor is recorded in the office of the county recorder in which
1190 the land is located.
1191 [(3) A legislative body may vacate a subdivision or a portion of a subdivision by
1192 recording in the county recorder's office an ordinance describing the subdivision or the portion
1193 being vacated.]
1194 (3) (a) Unless a local ordinance provides otherwise, and subject to Subsection (3)(b), a
1195 land use authority shall consider an owner's petition to amend a plat or a portion of a plat if the
1196 petition seeks to:
1197 (i) join two or more petitioning fee owner's contiguous lots;
1198 (ii) subdivide one or more of the petitioning fee owner's lots;
1199 (iii) adjust an internal lot restriction or easement on a lot owned by a petitioning fee
1200 owner; or
1201 (iv) alter a plat in a manner that does not change existing boundaries or other attributes
1202 of a lot within the subdivision if:
1203 (A) the lot is not owned by the petitioner;

1204 (B) the alteration is not designated as a common area; and
1205 (C) in accordance with an applicable local ordinance, each adjacent property owner has
1206 received notice of the proposed alteration.
1207 (b) The land use authority may not approve an amendment proposed in a petition if:
1208 (i) the subdivision will result in a violation of a land use ordinance or development
1209 condition;
1210 (ii) the amendment requires the alteration or vacation of a public street or public
1211 easement; or
1212 (iii) the land use authority has not complied with the requirements of Subsection (4).
1213 (c) If a land use authority approves a petition, the land use authority shall submit to the
1214 legislative body a proposed ordinance or resolution to vacate prior to or concurrent with
1215 approval of an amended plat each lot or easement involved in an adjustment described in
1216 Subsection (3)(a).
1217 (d) The land use authority shall ensure that the amended plat prepared by the surveyor
1218 is recorded in the office of the county recorder in which the land is located.
1219 (4) (a) If a proposed amendment included in a petition is an amendment that would
1220 affect an easement held by a public utility company, the land use authority shall:
1221 (i) send notice to the affected public utility at least 30 days prior to taking action on the
1222 petition; and
1223 (ii) if the public utility does not respond within 15 days after the day on which the
1224 notice in Subsection (4)(a)(i) is sent, and no later than 15 days before taking final action, send a
1225 second notice.
1226 (b) A notice required under Subsection (4)(a) shall:
1227 (i) identify the easement identified in the proposed amendment in the petition;
1228 (ii) request that the public utility provide the land use authority with a written release
1229 or notice of disinterest; and
1230 (iii) provide a deadline for the public utility to submit the written release or notice to
1231 the land use authority that is no sooner than 30 days after the day on which the first notice is
1232 sent.
1233 (c) If the affected public utility does not provide a written release or notice of
1234 disinterest to the land use authority within 30 days of receiving the first notice described in

1235 Subsection (4)(a)(i), the land use authority:
1236 (i) may approve the amendment and propose to the legislative body an ordinance or
1237 resolution to vacate prior to or concurrent with approval of an amended plat each lot or
1238 easement described in a petition described in Subsection (3)(a) if there is no utility
1239 infrastructure located within a lot or easement identified in the petition; and
1240 (ii) may not approve the amendment or propose to the legislative body an ordinance or
1241 resolution to vacate if there is utility infrastructure located within a lot or easement identified in
1242 the petition.
1243 (5) (a) The owners of record of adjacent parcels may exchange title to portions of those
1244 parcels if the exchange of title is:
1245 (i) approved by the land use authority in accordance with Subsection (5)(b); and
1246 (ii) an exchange described in Subsection 17-27a-103 (59)(c).
1247 (b) The land use authority shall approve an exchange of title in accordance with this
1248 Subsection (5) if the exchange of title will not result in a violation of a land use ordinance.
1249 (c) If an exchange of title is approved under Subsection (5)(b):
1250 (i) the land use authority shall affix a notice of approval to the face of a plat prepared in
1251 accordance with Section 17-23-17 showing the exchange of title and file the notice in the office
1252 of the county surveyor; and
1253 (ii) each owner of record shall, concurrent with the filing of the record of survey plat
1254 required in accordance with Subsection (5)(c)(i), record a deed of conveyance of title reflecting
1255 the approved change in the office of the county recorder of each affected county.
1256 (d) A notice of approval recorded under this Subsection (5) does not act as a
1257 conveyance of title to real property and is not required to record a document conveying title to
1258 real property.
1259 [(4)] (6) An amended plat may not be submitted to the county recorder for recording
1260 unless it is signed, acknowledged, and dedicated by each owner of record of the portion of the
1261 plat that is amended.
1262 [(5)] (7) A management committee may sign and dedicate an amended plat as provided
1263 in Title 57, Chapter 8, Condominium Ownership Act.
1264 [(6)] (8) A plat may be corrected as provided in Section 57-3-106 if the correction does
1265 not substantially or materially change the certifications, dedications, or approvals as originally

1266 intended.
1267 Section 14. Section 17-27a-609.5 is amended to read:
1268 17-27a-609.5. Vacating a street, right-of-way, or easement.
1269 (1) A petition to vacate some or all of a public street, right-of-way, or easement shall
1270 include:
1271 (a) the name and address of each owner of record of land that is:
1272 (i) adjacent to the public street, right-of-way, or easement; or
1273 (ii) accessed exclusively by or within 300 feet of the public street, right-of-way, or
1274 easement; and
1275 (b) the signature of each owner under Subsection (1)(a) who consents to the vacation.
1276 (2) If a petition is submitted containing a request to vacate some or all of a street,
1277 right-of-way, or easement, the legislative body shall hold a public hearing in accordance with
1278 Section 17-27a-208 and determine whether:
1279 (a) good cause exists for the vacation; and
1280 (b) the public interest or any person will be materially injured by the proposed
1281 vacation.
1282 (3) The legislative body may adopt an ordinance or resolution granting a petition to
1283 vacate some or all of a public street, right-of-way, or easement if the legislative body finds that:
1284 (a) good cause exists for the vacation; and
1285 (b) neither the public interest nor any person will be materially injured by the vacation.
1286 (4) If the legislative body adopts an ordinance or resolution vacating some or all of a
1287 public street, right-of-way, or easement, the legislative body shall ensure that one or both of the
1288 following is recorded in the office of the recorder of the county in which the land is located:
1289 (a) a plat [reflecting the vacation], if required in accordance with Section 17-27a-608 ;
1290 or
1291 (b) an ordinance or resolution described in Subsection (3).
1292 (5) The action of the legislative body vacating some or all of a street, right-of-way, or
1293 easement that has been dedicated to public use:
1294 (a) operates to the extent to which it is vacated, upon the [effective date of the recorded
1295 plat,] date of recording in accordance with Subsection (4) as a revocation of the acceptance of
1296 and the relinquishment of the county's fee or other property interest in the vacated street,

1297 right-of-way, or easement; and
1298 (b) may not be construed to impair:
1299 (i) any right-of-way or easement of any lot owner; or
1300 (ii) the franchise rights of any public utility.

[Bill Documents]