H.B. 398
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7 LONG TITLE
8 General Description:
9 This bill authorizes the creation and governance of a mountainous planning district.
10 Highlighted Provisions:
11 This bill:
12 . prohibits the incorporation of an area within a mountainous planning district;
13 . excludes, with certain exceptions, any area located within a mountainous planning
14 district from the land use jurisdiction of a municipality;
15 . defines terms;
16 . authorizes a county to establish a planning commission for a mountainous planning
17 district;
18 . prohibits a county from establishing a township planning commission for a
19 township that is located in whole or in part within a mountainous planning district;
20 . authorizes a county legislative body to modify the boundaries of an existing
21 township to exclude an area within a mountainous planning district;
22 . amends other applicable provisions of Title 17, Chapter 27a, County Land Use,
23 Development, and Management Act;
24 . authorizes a county to designate a mountainous planning district under certain
25 circumstances; and
26 . makes technical and conforming amendments.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 10-9a-304 , as renumbered and amended by Laws of Utah 2005, Chapter 254
34 17-27a-102 , as last amended by Laws of Utah 2007, Chapter 363
35 17-27a-103 , as last amended by Laws of Utah 2013, Chapters 309, 334, and 476
36 17-27a-210 , as enacted by Laws of Utah 2005, Chapter 231
37 17-27a-301 , as last amended by Laws of Utah 2011, Chapters 107 and 305
38 17-27a-302 , as last amended by Laws of Utah 2012, Chapter 359
39 17-27a-305 , as last amended by Laws of Utah 2013, Chapter 200
40 17-27a-401 , as renumbered and amended by Laws of Utah 2005, Chapter 254
41 17-27a-403 , as last amended by Laws of Utah 2012, Chapter 212
42 17-27a-502 , as last amended by Laws of Utah 2013, Chapter 324
43 17-27a-505.5 , as last amended by Laws of Utah 2012, Chapter 172
44 17-27a-509.7 , as last amended by Laws of Utah 2012, Chapter 231
45 17-27a-602 , as renumbered and amended by Laws of Utah 2005, Chapter 254
46 17-27a-604 , as last amended by Laws of Utah 2011, Chapter 377
47 17-27a-605 , as last amended by Laws of Utah 2012, Chapter 99
48 ENACTS:
49 10-2-101.6 , Utah Code Annotated 1953
50 17-27a-901 , Utah Code Annotated 1953
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 10-2-101.6 is enacted to read:
54 10-2-101.6. Incorporation of an area within a mountainous planning district
55 prohibited.
56 An area located within a mountainous planning district, as defined in Section
57 17-27a-103 , may not incorporate in accordance with the provisions of this chapter.
58 Section 2. Section 10-9a-304 is amended to read:
59 10-9a-304. State and federal property -- Mountainous planning district.
60 (1) Unless otherwise provided by law, nothing contained in this chapter may be
61 construed as giving a municipality jurisdiction over property owned by the state or the United
62 States.
63 (2) (a) Except as provided in Subsection (2)(b), for purposes of this chapter, a
64 municipality, a municipal planning commission, or a municipal land use authority does not
65 have jurisdiction over property located within a mountainous planning district as defined in
66 Section 17-27a-103 .
67 (b) Subsection (2)(a) does not apply to a municipality that:
68 (i) (A) is wholly located within the boundaries of a mountainous planning district; and
69 (B) was incorporated in or before 1970;
70 (ii) is exercising its extraterritorial jurisdiction as authorized by Section 10-8-15 ; or
71 (iii) has been granted joint authority to regulate its watershed areas by a local health
72 authority.
73 Section 3. Section 17-27a-102 is amended to read:
74 17-27a-102. Purposes -- General land use authority.
75 (1) (a) The purposes of this chapter are to provide for the health, safety, and welfare,
76 and promote the prosperity, improve the morals, peace and good order, comfort, convenience,
77 and aesthetics of each county and its present and future inhabitants and businesses, to protect
78 the tax base, to secure economy in governmental expenditures, to foster the state's agricultural
79 and other industries, to protect both urban and nonurban development, to protect and ensure
80 access to sunlight for solar energy devices, to provide fundamental fairness in land use
81 regulation, and to protect property values.
82 (b) To accomplish the purposes of this chapter, counties may enact all ordinances,
83 resolutions, and rules and may enter into other forms of land use controls and development
84 agreements that they consider necessary or appropriate for the use and development of land
85 within the unincorporated area of the county or a designated mountainous planning district,
86 including ordinances, resolutions, rules, restrictive covenants, easements, and development
87 agreements governing uses, density, open spaces, structures, buildings, energy-efficiency, light
88 and air, air quality, transportation and public or alternative transportation, infrastructure, street
89 and building orientation and width requirements, public facilities, fundamental fairness in land
90 use regulation, considerations of surrounding land uses and the balance of the foregoing
91 purposes with a landowner's private property interests, height and location of vegetation, trees,
92 and landscaping, unless expressly prohibited by law.
93 (2) Each county shall comply with the mandatory provisions of this part before any
94 agreement or contract to provide goods, services, or municipal-type services to any storage
95 facility or transfer facility for high-level nuclear waste, or greater than class C radioactive
96 waste, may be executed or implemented.
97 Section 4. Section 17-27a-103 is amended to read:
98 17-27a-103. Definitions.
99 As used in this chapter:
100 (1) "Affected entity" means a county, municipality, local district, special service
101 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
102 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
103 property owner, property owners association, public utility, or the Utah Department of
104 Transportation, if:
105 (a) the entity's services or facilities are likely to require expansion or significant
106 modification because of an intended use of land;
107 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
108 or
109 (c) the entity has filed with the county a request for notice during the same calendar
110 year and before the county provides notice to an affected entity in compliance with a
111 requirement imposed under this chapter.
112 (2) "Appeal authority" means the person, board, commission, agency, or other body
113 designated by ordinance to decide an appeal of a decision of a land use application or a
114 variance.
115 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
116 residential property if the sign is designed or intended to direct attention to a business, product,
117 or service that is not sold, offered, or existing on the property where the sign is located.
118 (4) (a) "Charter school" means:
119 (i) an operating charter school;
120 (ii) a charter school applicant that has its application approved by a chartering entity in
121 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
122 (iii) an entity that is working on behalf of a charter school or approved charter
123 applicant to develop or construct a charter school building.
124 (b) "Charter school" does not include a therapeutic school.
125 (5) "Chief executive officer" means the person or body that exercises the executive
126 powers of the county.
127 (6) "Conditional use" means a land use that, because of its unique characteristics or
128 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
129 compatible in some areas or may be compatible only if certain conditions are required that
130 mitigate or eliminate the detrimental impacts.
131 (7) "Constitutional taking" means a governmental action that results in a taking of
132 private property so that compensation to the owner of the property is required by the:
133 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
134 (b) Utah Constitution Article I, Section 22.
135 (8) "Culinary water authority" means the department, agency, or public entity with
136 responsibility to review and approve the feasibility of the culinary water system and sources for
137 the subject property.
138 (9) "Development activity" means:
139 (a) any construction or expansion of a building, structure, or use that creates additional
140 demand and need for public facilities;
141 (b) any change in use of a building or structure that creates additional demand and need
142 for public facilities; or
143 (c) any change in the use of land that creates additional demand and need for public
144 facilities.
145 (10) (a) "Disability" means a physical or mental impairment that substantially limits
146 one or more of a person's major life activities, including a person having a record of such an
147 impairment or being regarded as having such an impairment.
148 (b) "Disability" does not include current illegal use of, or addiction to, any federally
149 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
150 802.
151 (11) "Educational facility":
152 (a) means:
153 (i) a school district's building at which pupils assemble to receive instruction in a
154 program for any combination of grades from preschool through grade 12, including
155 kindergarten and a program for children with disabilities;
156 (ii) a structure or facility:
157 (A) located on the same property as a building described in Subsection (11)(a)(i); and
158 (B) used in support of the use of that building; and
159 (iii) a building to provide office and related space to a school district's administrative
160 personnel; and
161 (b) does not include:
162 (i) land or a structure, including land or a structure for inventory storage, equipment
163 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
164 (A) not located on the same property as a building described in Subsection (11)(a)(i);
165 and
166 (B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
167 (ii) a therapeutic school.
168 (12) "Fire authority" means the department, agency, or public entity with responsibility
169 to review and approve the feasibility of fire protection and suppression services for the subject
170 property.
171 (13) "Flood plain" means land that:
172 (a) is within the 100-year flood plain designated by the Federal Emergency
173 Management Agency; or
174 (b) has not been studied or designated by the Federal Emergency Management Agency
175 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
176 the land has characteristics that are similar to those of a 100-year flood plain designated by the
177 Federal Emergency Management Agency.
178 (14) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
179 (15) "General plan" means a document that a county adopts that sets forth general
180 guidelines for proposed future development of:
181 (a) the unincorporated land within the county[
182 (b) for a mountainous planning district, the land within the mountainous planning
183 district.
184 (16) "Geologic hazard" means:
185 (a) a surface fault rupture;
186 (b) shallow groundwater;
187 (c) liquefaction;
188 (d) a landslide;
189 (e) a debris flow;
190 (f) unstable soil;
191 (g) a rock fall; or
192 (h) any other geologic condition that presents a risk:
193 (i) to life;
194 (ii) of substantial loss of real property; or
195 (iii) of substantial damage to real property.
196 [
197 line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
198 utility system.
199 [
200 (a) are clearly marked as "identical plans";
201 (b) are substantially identical building plans that were previously submitted to and
202 reviewed and approved by the county; and
203 (c) describe a building that:
204 (i) is located on land zoned the same as the land on which the building described in the
205 previously approved plans is located;
206 (ii) is subject to the same geological and meteorological conditions and the same law
207 as the building described in the previously approved plans;
208 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
209 and approved by the county; and
210 (iv) does not require any additional engineering or analysis.
211 [
212 36a, Impact Fees Act.
213 [
214 cash, or other security required by a county to guaranty the proper completion of landscaping or
215 infrastructure that the land use authority has required as a condition precedent to:
216 (a) recording a subdivision plat; or
217 (b) beginning development activity.
218 [
219 the accepted landscaping or infrastructure:
220 (a) complies with the county's written standards for design, materials, and
221 workmanship; and
222 (b) will not fail in any material respect, as a result of poor workmanship or materials,
223 within the improvement warranty period.
224 [
225 (a) no later than one year after a county's acceptance of required landscaping; or
226 (b) no later than one year after a county's acceptance of required infrastructure, unless
227 the county:
228 (i) determines for good cause that a one-year period would be inadequate to protect the
229 public health, safety, and welfare; and
230 (ii) has substantial evidence, on record:
231 (A) of prior poor performance by the applicant; or
232 (B) that the area upon which the infrastructure will be constructed contains suspect soil
233 and the county has not otherwise required the applicant to mitigate the suspect soil.
234 [
235 platted designation that:
236 (a) runs with the land; and
237 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
238 the plat; or
239 (ii) designates a development condition that is enclosed within the perimeter of a lot
240 described on the plat.
241 (24) "Interstate pipeline company" means a person or entity engaged in natural gas
242 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
243 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
244 (25) "Intrastate pipeline company" means a person or entity engaged in natural gas
245 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
246 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
247 (26) "Land use application" means an application required by a county's land use
248 ordinance.
249 (27) "Land use authority" means a person, board, commission, agency, or other body
250 designated by the local legislative body to act upon a land use application.
251 (28) "Land use ordinance" means a planning, zoning, development, or subdivision
252 ordinance of the county, but does not include the general plan.
253 (29) "Land use permit" means a permit issued by a land use authority.
254 (30) "Legislative body" means the county legislative body, or for a county that has
255 adopted an alternative form of government, the body exercising legislative powers.
256 (31) "Local district" means any entity under Title 17B, Limited Purpose Local
257 Government Entities - Local Districts, and any other governmental or quasi-governmental
258 entity that is not a county, municipality, school district, or the state.
259 (32) "Lot line adjustment" means the relocation of the property boundary line in a
260 subdivision between two adjoining lots with the consent of the owners of record.
261 (33) "Moderate income housing" means housing occupied or reserved for occupancy
262 by households with a gross household income equal to or less than 80% of the median gross
263 income for households of the same size in the county in which the housing is located.
264 (34) "Mountainous planning district" means an area designated by a county legislative
265 body in accordance with Section 17-27a-901 .
266 [
267 time spent and expenses incurred in:
268 (a) verifying that building plans are identical plans; and
269 (b) reviewing and approving those minor aspects of identical plans that differ from the
270 previously reviewed and approved building plans.
271 [
272 (a) legally existed before its current land use designation; and
273 (b) because of one or more subsequent land use ordinance changes, does not conform
274 to the setback, height restrictions, or other regulations, excluding those regulations that govern
275 the use of land.
276 [
277 (a) legally existed before its current land use designation;
278 (b) has been maintained continuously since the time the land use ordinance regulation
279 governing the land changed; and
280 (c) because of one or more subsequent land use ordinance changes, does not conform
281 to the regulations that now govern the use of the land.
282 [
283 the county recorder's office that:
284 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
285 highways and other transportation facilities;
286 (b) provides a basis for restricting development in designated rights-of-way or between
287 designated setbacks to allow the government authorities time to purchase or otherwise reserve
288 the land; and
289 (c) has been adopted as an element of the county's general plan.
290 [
291 of adjoining properties adjusting their mutual boundary if:
292 (a) no additional parcel is created; and
293 (b) each property identified in the agreement is unsubdivided land, including a
294 remainder of subdivided land.
295 [
296 association, trust, governmental agency, or any other legal entity.
297 [
298 a county legislative body that includes:
299 (a) an estimate of the existing supply of moderate income housing located within the
300 county;
301 (b) an estimate of the need for moderate income housing in the county for the next five
302 years as revised biennially;
303 (c) a survey of total residential land use;
304 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
305 income housing; and
306 (e) a description of the county's program to encourage an adequate supply of moderate
307 income housing.
308 [
309 and prepared in accordance with Section 17-27a-603 , 17-23-17 , or 57-8-13 .
310 [
311 (a) is designated by a Utah Geological Survey map, county geologist map, or other
312 relevant map or report as needing further study to determine the area's potential for geologic
313 hazard; or
314 (b) has not been studied by the Utah Geological Survey or a county geologist but
315 presents the potential of geologic hazard because the area has characteristics similar to those of
316 a designated geologic hazard area.
317 [
318 (a) the federal government;
319 (b) the state;
320 (c) a county, municipality, school district, local district, special service district, or other
321 political subdivision of the state; or
322 (d) a charter school.
323 [
324 provided a reasonable opportunity to comment on the subject of the hearing.
325 [
326 under Title 52, Chapter 4, Open and Public Meetings Act.
327 [
328 designates, by ordinance, as an area in which an owner of land may receive a transferable
329 development right.
330 [
331 accordance with Section 17-23-17 .
332 [
333 (a) in which more than one person with a disability resides; and
334 (b) (i) which is licensed or certified by the Department of Human Services under Title
335 62A, Chapter 2, Licensure of Programs and Facilities; or
336 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
337 21, Health Care Facility Licensing and Inspection Act.
338 [
339 prescribe in a public meeting:
340 (a) parliamentary order and procedure;
341 (b) ethical behavior; and
342 (c) civil discourse.
343 [
344 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
345 wastewater systems.
346 [
347 designates, by ordinance, as an area from which an owner of land may transfer a transferable
348 development right.
349 [
350 during a preliminary review preceding the issuance of a building permit to demonstrate that an
351 owner's or developer's proposed development activity meets a land use requirement.
352 [
353 (a) the state;
354 (b) a school district; or
355 (c) a charter school.
356 [
357 or telephone corporation, as those terms are defined in Section 54-2-1 .
358 [
359 [
360 boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
361 or other way.
362 [
363 to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
364 purpose, whether immediate or future, for offer, sale, lease, or development either on the
365 installment plan or upon any and all other plans, terms, and conditions.
366 (b) "Subdivision" includes:
367 (i) the division or development of land whether by deed, metes and bounds description,
368 devise and testacy, map, plat, or other recorded instrument; and
369 (ii) except as provided in Subsection [
370 nonresidential uses, including land used or to be used for commercial, agricultural, and
371 industrial purposes.
372 (c) "Subdivision" does not include:
373 (i) a bona fide division or partition of agricultural land for agricultural purposes;
374 (ii) a recorded agreement between owners of adjoining properties adjusting their
375 mutual boundary if:
376 (A) no new lot is created; and
377 (B) the adjustment does not violate applicable land use ordinances;
378 (iii) a recorded document, executed by the owner of record:
379 (A) revising the legal description of more than one contiguous unsubdivided parcel of
380 property into one legal description encompassing all such parcels of property; or
381 (B) joining a subdivided parcel of property to another parcel of property that has not
382 been subdivided, if the joinder does not violate applicable land use ordinances;
383 (iv) a bona fide division or partition of land in a county other than a first class county
384 for the purpose of siting, on one or more of the resulting separate parcels:
385 (A) an electrical transmission line or a substation;
386 (B) a natural gas pipeline or a regulation station; or
387 (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
388 utility service regeneration, transformation, retransmission, or amplification facility;
389 (v) a recorded agreement between owners of adjoining subdivided properties adjusting
390 their mutual boundary if:
391 (A) no new dwelling lot or housing unit will result from the adjustment; and
392 (B) the adjustment will not violate any applicable land use ordinance;
393 (vi) a bona fide division or partition of land by deed or other instrument where the land
394 use authority expressly approves in writing the division in anticipation of further land use
395 approvals on the parcel or parcels; or
396 (vii) a parcel boundary adjustment.
397 (d) The joining of a subdivided parcel of property to another parcel of property that has
398 not been subdivided does not constitute a subdivision under this Subsection [
399 the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
400 subdivision ordinance.
401 [
402 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
403 3% swell potential;
404 (b) bedrock units with high shrink or swell susceptibility; or
405 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
406 commonly associated with dissolution and collapse features.
407 [
408 (a) for four or more individuals who are not related to:
409 (i) the owner of the facility; or
410 (ii) the primary service provider of the facility;
411 (b) that serves students who have a history of failing to function:
412 (i) at home;
413 (ii) in a public school; or
414 (iii) in a nonresidential private school; and
415 (c) that offers:
416 (i) room and board; and
417 (ii) an academic education integrated with:
418 (A) specialized structure and supervision; or
419 (B) services or treatment related to a disability, an emotional development, a
420 behavioral development, a familial development, or a social development.
421 [
422 unincorporated area of a county, established under this part or reconstituted or reinstated under
423 Section 17-27a-306 , with planning and zoning functions as exercised through the township
424 planning commission, as provided in this chapter, but with no legal or political identity
425 separate from the county and no taxing authority, except that "township" means a former
426 township under Laws of Utah 1996, Chapter 308, where the context so indicates.
427 [
428 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
429 land use rights from a designated sending zone to a designated receiving zone.
430 [
431 municipality.
432 [
433 (a) each of the rights listed in Section 73-1-11 ; and
434 (b) an ownership interest in the right to the beneficial use of water represented by:
435 (i) a contract; or
436 (ii) a share in a water company, as defined in Section 73-3-3.5 .
437 [
438 depicts land use zones, overlays, or districts.
439 Section 5. Section 17-27a-210 is amended to read:
440 17-27a-210. Notice to county when a private institution of higher education is
441 constructing student housing.
442 (1) Each private institution of higher education that intends to construct student
443 housing on property owned by the institution shall provide written notice of the intended
444 construction, as provided in Subsection (2), before any funds are committed to the
445 construction, if any of the proposed student housing buildings is within 300 feet of privately
446 owned residential property.
447 (2) Each notice under Subsection (1) shall be provided to the legislative body and, if
448 applicable, the mayor of:
449 (a) the county in whose unincorporated area or the mountainous planning district area
450 the privately owned residential property is located; or
451 (b) the municipality in whose boundaries the privately owned residential property is
452 located.
453 (3) At the request of a county or municipality that is entitled to notice under this
454 section, the institution and the legislative body of the affected county or municipality shall
455 jointly hold a public hearing to provide information to the public and receive input from the
456 public about the proposed construction.
457 Section 6. Section 17-27a-301 is amended to read:
458 17-27a-301. Ordinance establishing planning commission required -- Exception --
459 Ordinance requirements -- Township planning commission -- Compensation.
460 (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
461 establishing a countywide planning commission for the unincorporated areas of the county not
462 within a township.
463 (b) Subsection (1)(a) does not apply if all of the county is included within any
464 combination of:
465 (i) municipalities; [
466 (ii) townships with their own planning commissions[
467 (iii) mountainous planning districts.
468 (c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
469 (1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
470 subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
471 the entire mountainous planning district, including areas of the mountainous planning district
472 that are also located within a municipality or township or are unincorporated.
473 (ii) A planning commission described in Subsection (1)(c)(i):
474 (A) does not have jurisdiction over a municipality described in Subsection
475 10-9a-304 (2)(b); and
476 (B) has jurisdiction subject to a local health department exercising its authority in
477 accordance with Title 26A, Chapter 1, Local Health Departments.
478 (iii) The ordinance shall require that the members of the planning commission represent
479 areas located in the unincorporated and incorporated county.
480 (2) (a) The ordinance described in Subsection (1)(a) or (1)(c) shall define:
481 (i) the number and terms of the members and, if the county chooses, alternate
482 members;
483 (ii) the mode of appointment;
484 (iii) the procedures for filling vacancies and removal from office;
485 (iv) the authority of the planning commission;
486 (v) subject to Subsection (2)(b), the rules of order and procedure for use by the
487 planning commission in a public meeting; and
488 (vi) other details relating to the organization and procedures of the planning
489 commission.
490 (b) Subsection (2)(a)(v) does not affect the planning commission's duty to comply with
491 Title 52, Chapter 4, Open and Public Meetings Act.
492 (3) (a) (i) If the county establishes a township planning commission, the county
493 legislative body shall enact an ordinance that defines:
494 (A) appointment procedures;
495 (B) procedures for filling vacancies and removing members from office;
496 (C) subject to Subsection (3)(a)(ii), the rules of order and procedure for use by the
497 township planning commission in a public meeting; and
498 (D) details relating to the organization and procedures of each township planning
499 commission.
500 (ii) Subsection (3)(a)(i)(C) does not affect the township planning commission's duty to
501 comply with Title 52, Chapter 4, Open and Public Meetings Act.
502 (iii) A county may not establish a township planning commission for a township that is
503 located in whole or in part within a mountainous planning district.
504 (iv) Notwithstanding Section 17-27a-306 , a county legislative body may adopt a
505 resolution that modifies the boundaries of an existing township to exclude from that township
506 any area included or to be included within the boundaries of a mountainous planning district.
507 (b) The planning commission for each township shall consist of seven members who,
508 except as provided in Subsection (4), shall be appointed by:
509 (i) in a county operating under a form of government in which the executive and
510 legislative functions of the governing body are separated, the county executive with the advice
511 and consent of the county legislative body; or
512 (ii) in a county operating under a form of government in which the executive and
513 legislative functions of the governing body are not separated, the county legislative body.
514 (c) (i) Members shall serve four-year terms and until their successors are appointed or,
515 as provided in Subsection (4), elected and qualified.
516 (ii) Notwithstanding the provisions of Subsection (3)(c)(i) and except as provided in
517 Subsection (4), members of the first planning commissions shall be appointed so that, for each
518 commission, the terms of at least one member and no more than two members expire each
519 year.
520 (d) (i) Except as provided in Subsection (3)(d)(ii), each member of a township
521 planning commission shall be a registered voter residing within the township.
522 (ii) (A) Notwithstanding Subsection (3)(d)(i), one member of a planning commission
523 of a township reconstituted under Laws of Utah 1997, Chapter 389, or reinstated or established
524 under Subsection 17-27a-306 (1)(k)(i) may be an appointed member who is a registered voter
525 residing outside the township if that member:
526 (I) is an owner of real property located within the township; and
527 (II) resides within the county in which the township is located.
528 (B) (I) Each appointee under Subsection (3)(d)(ii)(A) shall be chosen by the township
529 planning commission from a list of three persons submitted by the county legislative body.
530 (II) If the township planning commission has not notified the county legislative body of
531 its choice under Subsection (3)(d)(ii)(B)(I) within 60 days of the township planning
532 commission's receipt of the list, the county legislative body may appoint one of the three
533 persons on the list or a registered voter residing within the township as a member of the
534 township planning commission.
535 (4) (a) The legislative body of each county in which a township reconstituted under
536 Laws of Utah 1997, Chapter 389, or reinstated or established under Subsection
537 17-27a-306 (1)(e)(i) is located shall on or before January 1, 2012, enact an ordinance that
538 provides for the election of at least three members of the planning commission of that
539 township.
540 (b) (i) Beginning with the 2012 general election, the election of planning commission
541 members under Subsection (4)(a) shall coincide with the election of other county officers
542 during even-numbered years.
543 (ii) Approximately half the elected planning commission members shall be elected
544 every four years during elections held on even-numbered years, and the remaining elected
545 members shall be elected every four years on alternating even-numbered years.
546 (c) If no person files a declaration of candidacy in accordance with Section 20A-9-202
547 for an open township planning commission member position:
548 (i) the position may be appointed in accordance with Subsection (3)(b); and
549 (ii) a person appointed under Subsection (4)(c)(i) may not serve for a period of time
550 that exceeds the elected term for which there was no candidate.
551 (5) (a) A legislative body described in Subsection (4)(a) shall on or before January 1,
552 2012, enact an ordinance that:
553 (i) designates the seats to be elected; and
554 (ii) subject to Subsection (6)(b), appoints a member of the planning and zoning board
555 of the former township, established under Laws of Utah 1996, Chapter 308, as a member of the
556 planning commission of the reconstituted or reinstated township.
557 (b) A member appointed under Subsection (5)(a) is considered an elected member.
558 (6) (a) Except as provided in Subsection (6)(b), the term of each member appointed
559 under Subsection (5)(a) shall continue until the time that the member's term as an elected
560 member of the former township planning and zoning board would have expired.
561 (b) (i) Notwithstanding Subsection (6)(a), the county legislative body may adjust the
562 terms of the members appointed under Subsection (5)(a) so that the terms of those members
563 coincide with the schedule under Subsection (4)(b) for elected members.
564 (ii) Subject to Subsection (6)(b)(iii), the legislative body of a county in which a
565 township reconstituted under Laws of Utah 1997, Chapter 389, or reinstated or established
566 under Subsection 17-27a-306 (1)(e)(i) is located may enact an ordinance allowing each
567 appointed member of the planning and zoning board of the former township, established under
568 Laws of Utah 1996, Chapter 308, to continue to hold office as a member of the planning
569 commission of the reconstituted or reinstated township until the time that the member's term as
570 a member of the former township's planning and zoning board would have expired.
571 (iii) If a planning commission of a township reconstituted under Laws of Utah 1997,
572 Chapter 389, or reinstated or established under Subsection 17-27a-306 (1)(e)(i) has more than
573 one appointed member who resides outside the township, the legislative body of the county in
574 which that township is located shall, within 15 days of the effective date of this Subsection
575 (6)(b)(iii), dismiss all but one of the appointed members who reside outside the township, and a
576 new member shall be appointed under Subsection (3)(b) to fill the position of each dismissed
577 member.
578 (7) (a) Except as provided in Subsection (7)(b), upon the appointment or election of all
579 members of a township planning commission, each township planning commission under this
580 section shall begin to exercise the powers and perform the duties provided in Section
581 17-27a-302 with respect to all matters then pending that previously had been under the
582 jurisdiction of the countywide planning commission or township planning and zoning board.
583 (b) Notwithstanding Subsection (7)(a), if the members of a former township planning
584 and zoning board continue to hold office as members of the planning commission of the
585 township planning district under an ordinance enacted under Subsection (5)(a), the township
586 planning commission shall immediately begin to exercise the powers and perform the duties
587 provided in Section 17-27a-302 with respect to all matters then pending that had previously
588 been under the jurisdiction of the township planning and zoning board.
589 (8) The legislative body may fix per diem compensation for the members of the
590 planning commission, based on necessary and reasonable expenses and on meetings actually
591 attended.
592 Section 7. Section 17-27a-302 is amended to read:
593 17-27a-302. Planning commission powers and duties.
594 (1) Each countywide [
595 commission shall, with respect to the unincorporated area of the county, [
596 the mountainous planning district, make a recommendation to the county legislative body for:
597 (a) a general plan and amendments to the general plan;
598 (b) land use ordinances, zoning maps, official maps, and amendments;
599 (c) an appropriate delegation of power to at least one designated land use authority to
600 hear and act on a land use application;
601 (d) an appropriate delegation of power to at least one appeal authority to hear and act
602 on an appeal from a decision of the land use authority; and
603 (e) application processes that:
604 (i) may include a designation of routine land use matters that, upon application and
605 proper notice, will receive informal streamlined review and action if the application is
606 uncontested; and
607 (ii) shall protect the right of each:
608 (A) applicant and third party to require formal consideration of any application by a
609 land use authority;
610 (B) applicant, adversely affected party, or county officer or employee to appeal a land
611 use authority's decision to a separate appeal authority; and
612 (C) participant to be heard in each public hearing on a contested application.
613 (2) The planning commission of a township under this part may recommend to the
614 legislative body of the county in which the township is located that the legislative body file a
615 protest to a proposed annexation of an area located within the township, as provided in
616 Subsection 10-2-407 (1)(b).
617 Section 8. Section 17-27a-305 is amended to read:
618 17-27a-305. Other entities required to conform to county's land use ordinances --
619 Exceptions -- School districts and charter schools -- Submission of development plan and
620 schedule.
621 (1) (a) Each county, municipality, school district, charter school, local district, special
622 service district, and political subdivision of the state shall conform to any applicable land use
623 ordinance of any county when installing, constructing, operating, or otherwise using any area,
624 land, or building situated within a mountainous planning district or the unincorporated portion
625 of the county, as applicable.
626 (b) In addition to any other remedies provided by law, when a county's land use
627 ordinance is violated or about to be violated by another political subdivision, that county may
628 institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
629 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
630 (2) (a) Except as provided in Subsection (3), a school district or charter school is
631 subject to a county's land use ordinances.
632 (b) (i) Notwithstanding Subsection (3), a county may:
633 (A) subject a charter school to standards within each zone pertaining to setback, height,
634 bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
635 staging; and
636 (B) impose regulations upon the location of a project that are necessary to avoid
637 unreasonable risks to health or safety, as provided in Subsection (3)(f).
638 (ii) The standards to which a county may subject a charter school under Subsection
639 (2)(b)(i) shall be objective standards only and may not be subjective.
640 (iii) Except as provided in Subsection (7)(d), the only basis upon which a county may
641 deny or withhold approval of a charter school's land use application is the charter school's
642 failure to comply with a standard imposed under Subsection (2)(b)(i).
643 (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
644 obligation to comply with a requirement of an applicable building or safety code to which it is
645 otherwise obligated to comply.
646 (3) A county may not:
647 (a) impose requirements for landscaping, fencing, aesthetic considerations,
648 construction methods or materials, additional building inspections, county building codes,
649 building use for educational purposes, or the placement or use of temporary classroom facilities
650 on school property;
651 (b) except as otherwise provided in this section, require a school district or charter
652 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
653 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
654 children and not located on or contiguous to school property, unless the roadway or sidewalk is
655 required to connect an otherwise isolated school site to an existing roadway;
656 (c) require a district or charter school to pay fees not authorized by this section;
657 (d) provide for inspection of school construction or assess a fee or other charges for
658 inspection, unless the school district or charter school is unable to provide for inspection by an
659 inspector, other than the project architect or contractor, who is qualified under criteria
660 established by the state superintendent;
661 (e) require a school district or charter school to pay any impact fee for an improvement
662 project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
663 (f) impose regulations upon the location of an educational facility except as necessary
664 to avoid unreasonable risks to health or safety; or
665 (g) for a land use or a structure owned or operated by a school district or charter school
666 that is not an educational facility but is used in support of providing instruction to pupils,
667 impose a regulation that:
668 (i) is not imposed on a similar land use or structure in the zone in which the land use or
669 structure is approved; or
670 (ii) uses the tax exempt status of the school district or charter school as criteria for
671 prohibiting or regulating the land use or location of the structure.
672 (4) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
673 the siting of a new school with the county in which the school is to be located, to:
674 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
675 the impacts between the new school and future highways; and
676 (b) maximize school, student, and site safety.
677 (5) Notwithstanding Subsection (3)(d), a county may, at its discretion:
678 (a) provide a walk-through of school construction at no cost and at a time convenient to
679 the district or charter school; and
680 (b) provide recommendations based upon the walk-through.
681 (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
682 (i) a county building inspector;
683 (ii) (A) for a school district, a school district building inspector from that school
684 district; or
685 (B) for a charter school, a school district building inspector from the school district in
686 which the charter school is located; or
687 (iii) an independent, certified building inspector who is:
688 (A) not an employee of the contractor;
689 (B) approved by:
690 (I) a county building inspector; or
691 (II) (Aa) for a school district, a school district building inspector from that school
692 district; or
693 (Bb) for a charter school, a school district building inspector from the school district in
694 which the charter school is located; and
695 (C) licensed to perform the inspection that the inspector is requested to perform.
696 (b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
697 (c) If a school district or charter school uses a school district or independent building
698 inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
699 the state superintendent of public instruction and county building official, on a monthly basis
700 during construction of the school building, a copy of each inspection certificate regarding the
701 school building.
702 (7) (a) A charter school shall be considered a permitted use in all zoning districts
703 within a county.
704 (b) Each land use application for any approval required for a charter school, including
705 an application for a building permit, shall be processed on a first priority basis.
706 (c) Parking requirements for a charter school may not exceed the minimum parking
707 requirements for schools or other institutional public uses throughout the county.
708 (d) If a county has designated zones for a sexually oriented business, or a business
709 which sells alcohol, a charter school may be prohibited from a location which would otherwise
710 defeat the purpose for the zone unless the charter school provides a waiver.
711 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
712 occupancy of a school building from:
713 (A) the state superintendent of public instruction, as provided in Subsection
714 53A-20-104 (3), if the school district or charter school used an independent building inspector
715 for inspection of the school building; or
716 (B) a county official with authority to issue the certificate, if the school district or
717 charter school used a county building inspector for inspection of the school building.
718 (ii) A school district may issue its own certificate authorizing permanent occupancy of
719 a school building if it used its own building inspector for inspection of the school building,
720 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
721 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
722 school building from a school district official with authority to issue the certificate, if the
723 charter school used a school district building inspector for inspection of the school building.
724 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
725 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority
726 to issue the certificate shall be considered to satisfy any county requirement for an inspection or
727 a certificate of occupancy.
728 (8) (a) A specified public agency intending to develop its land shall submit to the land
729 use authority a development plan and schedule:
730 (i) as early as practicable in the development process, but no later than the
731 commencement of construction; and
732 (ii) with sufficient detail to enable the land use authority to assess:
733 (A) the specified public agency's compliance with applicable land use ordinances;
734 (B) the demand for public facilities listed in Subsections 11-36a-102 (16)(a), (b), (c),
735 (d), (e), and (g) caused by the development;
736 (C) the amount of any applicable fee described in Section 17-27a-509 ;
737 (D) any credit against an impact fee; and
738 (E) the potential for waiving an impact fee.
739 (b) The land use authority shall respond to a specified public agency's submission
740 under Subsection (8)(a) with reasonable promptness in order to allow the specified public
741 agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
742 process of preparing the budget for the development.
743 (9) Nothing in this section may be construed to:
744 (a) modify or supersede Section 17-27a-304 ; or
745 (b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that
746 fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
747 Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
748 1990, 42 U.S.C. 12102, or any other provision of federal law.
749 Section 9. Section 17-27a-401 is amended to read:
750 17-27a-401. General plan required -- Content -- Provisions related to radioactive
751 waste facility.
752 (1) In order to accomplish the purposes of this chapter, each county shall prepare and
753 adopt a comprehensive, long-range general plan for:
754 (a) present and future needs of the county; and
755 (b) (i) growth and development of all or any part of the land within the unincorporated
756 portions of the county[
757 (ii) if a county has designated a mountainous planning district, growth and
758 development of all or any part of the land within the mountainous planning district.
759 (2) The plan may provide for:
760 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
761 activities, aesthetics, and recreational, educational, and cultural opportunities;
762 (b) the reduction of the waste of physical, financial, or human resources that result
763 from either excessive congestion or excessive scattering of population;
764 (c) the efficient and economical use, conservation, and production of the supply of:
765 (i) food and water; and
766 (ii) drainage, sanitary, and other facilities and resources;
767 (d) the use of energy conservation and solar and renewable energy resources;
768 (e) the protection of urban development;
769 (f) the protection or promotion of moderate income housing;
770 (g) the protection and promotion of air quality;
771 (h) historic preservation;
772 (i) identifying future uses of land that are likely to require an expansion or significant
773 modification of services or facilities provided by each affected entity; and
774 (j) an official map.
775 (3) (a) The plan shall include specific provisions related to any areas within, or
776 partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
777 county, which are proposed for the siting of a storage facility or transfer facility for the
778 placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
779 these wastes are defined in Section 19-3-303 . The provisions shall address the effects of the
780 proposed site upon the health and general welfare of citizens of the state, and shall provide:
781 (i) the information identified in Section 19-3-305 ;
782 (ii) information supported by credible studies that demonstrates that the provisions of
783 Subsection 19-3-307 (2) have been satisfied; and
784 (iii) specific measures to mitigate the effects of high-level nuclear waste and greater
785 than class C radioactive waste and guarantee the health and safety of the citizens of the state.
786 (b) A county may, in lieu of complying with Subsection (3)(a), adopt an ordinance
787 indicating that all proposals for the siting of a storage facility or transfer facility for the
788 placement of high-level nuclear waste or greater than class C radioactive waste wholly or
789 partially within the county are rejected.
790 (c) A county may adopt the ordinance listed in Subsection (3)(b) at any time.
791 (d) The county shall send a certified copy of the ordinance under Subsection (3)(b) to
792 the executive director of the Department of Environmental Quality by certified mail within 30
793 days of enactment.
794 (e) If a county repeals an ordinance adopted pursuant to Subsection (3)(b) the county
795 shall:
796 (i) comply with Subsection (3)(a) as soon as reasonably possible; and
797 (ii) send a certified copy of the repeal to the executive director of the Department of
798 Environmental Quality by certified mail within 30 days after the repeal.
799 (4) The plan may define the county's local customs, local culture, and the components
800 necessary for the county's economic stability.
801 (5) Subject to Subsection 17-27a-403 (2), the county may determine the
802 comprehensiveness, extent, and format of the general plan.
803 Section 10. Section 17-27a-403 is amended to read:
804 17-27a-403. Plan preparation.
805 (1) (a) The planning commission shall provide notice, as provided in Section
806 17-27a-203 , of its intent to make a recommendation to the county legislative body for a general
807 plan or a comprehensive general plan amendment when the planning commission initiates the
808 process of preparing its recommendation.
809 (b) The planning commission shall make and recommend to the legislative body a
810 proposed general plan for:
811 (i) the unincorporated area within the county[
812 (ii) a planning commission for a mountainous planning district, the mountainous
813 planning district.
814 (c) (i) The plan may include planning for incorporated areas if, in the planning
815 commission's judgment, they are related to the planning of the unincorporated territory or of
816 the county as a whole.
817 (ii) Elements of the county plan that address incorporated areas are not an official plan
818 or part of a municipal plan for any municipality, unless it is recommended by the municipal
819 planning commission and adopted by the governing body of the municipality.
820 (iii) Subsection (1)(c)(ii) does not apply to a plan for a mountainous planning district.
821 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
822 and descriptive and explanatory matter, shall include the planning commission's
823 recommendations for the following plan elements:
824 (i) a land use element that:
825 (A) designates the long-term goals and the proposed extent, general distribution, and
826 location of land for housing, business, industry, agriculture, recreation, education, public
827 buildings and grounds, open space, and other categories of public and private uses of land as
828 appropriate; and
829 (B) may include a statement of the projections for and standards of population density
830 and building intensity recommended for the various land use categories covered by the plan;
831 (ii) a transportation and traffic circulation element consisting of the general location
832 and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
833 any other modes of transportation that the planning commission considers appropriate, all
834 correlated with the population projections and the proposed land use element of the general
835 plan; and
836 (iii) an estimate of the need for the development of additional moderate income
837 housing within the unincorporated area of the county or the mountainous planning district, and
838 a plan to provide a realistic opportunity to meet estimated needs for additional moderate
839 income housing if long-term projections for land use and development occur.
840 (b) In drafting the moderate income housing element, the planning commission:
841 (i) shall consider the Legislature's determination that counties should facilitate a
842 reasonable opportunity for a variety of housing, including moderate income housing:
843 (A) to meet the needs of people desiring to live there; and
844 (B) to allow persons with moderate incomes to benefit from and fully participate in all
845 aspects of neighborhood and community life; and
846 (ii) may include an analysis of why the recommended means, techniques, or
847 combination of means and techniques provide a realistic opportunity for the development of
848 moderate income housing within the planning horizon, which means or techniques may include
849 a recommendation to:
850 (A) rezone for densities necessary to assure the production of moderate income
851 housing;
852 (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
853 construction of moderate income housing;
854 (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
855 income housing;
856 (D) consider general fund subsidies to waive construction related fees that are
857 otherwise generally imposed by the county;
858 (E) consider utilization of state or federal funds or tax incentives to promote the
859 construction of moderate income housing;
860 (F) consider utilization of programs offered by the Utah Housing Corporation within
861 that agency's funding capacity; and
862 (G) consider utilization of affordable housing programs administered by the
863 Department of Workforce Services.
864 (c) In drafting the land use element, the planning commission shall:
865 (i) identify and consider each agriculture protection area within the unincorporated area
866 of the county or mountainous planning district; and
867 (ii) avoid proposing a use of land within an agriculture protection area that is
868 inconsistent with or detrimental to the use of the land for agriculture.
869 (3) The proposed general plan may include:
870 (a) an environmental element that addresses:
871 (i) the protection, conservation, development, and use of natural resources, including
872 the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
873 and other natural resources; and
874 (ii) the reclamation of land, flood control, prevention and control of the pollution of
875 streams and other waters, regulation of the use of land on hillsides, stream channels and other
876 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
877 protection of watersheds and wetlands, and the mapping of known geologic hazards;
878 (b) a public services and facilities element showing general plans for sewage, water,
879 waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
880 police and fire protection, and other public services;
881 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
882 programs for:
883 (i) historic preservation;
884 (ii) the diminution or elimination of blight; and
885 (iii) redevelopment of land, including housing sites, business and industrial sites, and
886 public building sites;
887 (d) an economic element composed of appropriate studies and forecasts, as well as an
888 economic development plan, which may include review of existing and projected county
889 revenue and expenditures, revenue sources, identification of basic and secondary industry,
890 primary and secondary market areas, employment, and retail sales activity;
891 (e) recommendations for implementing all or any portion of the general plan, including
892 the use of land use ordinances, capital improvement plans, community development and
893 promotion, and any other appropriate action;
894 (f) provisions addressing any of the matters listed in Subsection 17-27a-401 (2); and
895 (g) any other element the county considers appropriate.
896 Section 11. Section 17-27a-502 is amended to read:
897 17-27a-502. Preparation and adoption of land use ordinance or zoning map.
898 (1) The planning commission shall:
899 (a) provide notice as required by Subsection 17-27a-205 (1)(a) and, if applicable,
900 Subsection 17-27a-205 (4);
901 (b) hold a public hearing on a proposed land use ordinance or zoning map;
902 (c) if applicable, consider each written objection filed in accordance with Subsection
903 17-27a-205 (4) prior to the public hearing; and
904 (d) (i) prepare and recommend to the legislative body a proposed land use ordinance or
905 ordinances and zoning map that represent the planning commission's recommendation for
906 regulating the use and development of land within:
907 (A) all or any part of the unincorporated area of the county; [
908 (B) for a mountainous planning district, all or any part of the area in the mountainous
909 planning district; and
910 (ii) forward to the legislative body all objections filed in accordance with Subsection
911 17-27a-205 (4).
912 (2) The county legislative body shall consider each proposed land use ordinance and
913 zoning map recommended to it by the planning commission, and, after providing notice as
914 required by Subsection 17-27a-205 (1)(b) and holding a public meeting, the legislative body
915 may adopt or reject the proposed ordinance or map either as proposed by the planning
916 commission or after making any revision the county legislative body considers appropriate.
917 Section 12. Section 17-27a-505.5 is amended to read:
918 17-27a-505.5. Limit on single family designation.
919 (1) As used in this section, "single-family limit" means the number of unrelated
920 individuals allowed to occupy each residential unit that is recognized by a land use authority in
921 a zone permitting occupancy by a single family.
922 (2) A county may not adopt a single-family limit that is less than:
923 (a) three, if the county has within its unincorporated area:
924 (i) a state university; [
925 (ii) a private university with a student population of at least 20,000; or
926 (iii) a mountainous planning district; or
927 (b) four, for each other county.
928 Section 13. Section 17-27a-509.7 is amended to read:
929 17-27a-509.7. Transferable development rights.
930 (1) A county may adopt an ordinance:
931 (a) designating sending zones and receiving zones within the unincorporated area of
932 the county; and
933 (b) allowing the transfer of a transferable development right from a sending zone to a
934 receiving zone.
935 (2) A county may not allow the use of a transferable development right:
936 (a) unless the county adopts an ordinance described in Subsection (1)[
937 (b) in a mountainous planning district, if one is established.
938 Section 14. Section 17-27a-602 is amended to read:
939 17-27a-602. Planning commission preparation and recommendation of
940 subdivision ordinance -- Adoption or rejection by legislative body.
941 (1) The planning commission shall:
942 (a) prepare and recommend a proposed ordinance to the legislative body that regulates
943 the subdivision of land;
944 (b) prepare and recommend or consider and recommend a proposed ordinance that
945 amends the regulation of the subdivision of the unincorporated land in the county, or, in the
946 case of a mountainous planning district, the mountainous planning district;
947 (c) provide notice consistent with Section 17-27a-205 ; and
948 (d) hold a public hearing on the proposed ordinance before making its final
949 recommendation to the legislative body.
950 (2) The county legislative body may adopt or reject the ordinance either as proposed by
951 the planning commission or after making any revision the county legislative body considers
952 appropriate.
953 Section 15. Section 17-27a-604 is amended to read:
954 17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
955 (1) A person may not submit a subdivision plat to the county recorder's office for
956 recording unless:
957 (a) the person has complied with the requirements of Subsection 17-27a-603 (4)(a);
958 (b) the plat has been approved by:
959 (i) the land use authority of the:
960 (A) county in whose unincorporated area the land described in the plat is located; [
961 or
962 (B) mountainous planning district in whose area the land described in the plat is
963 located;
964 (ii) other officers that the county designates in its ordinance; and
965 (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
966 designated officers.
967 (2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if
968 the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a,
969 Community Association Act.
970 (3) A plat recorded without the signatures required under this section is void.
971 (4) A transfer of land pursuant to a void plat is voidable.
972 Section 16. Section 17-27a-605 is amended to read:
973 17-27a-605. Exemptions from plat requirement.
974 (1) Notwithstanding Sections 17-27a-603 and 17-27a-604 , the land use authority may
975 approve the subdivision of unincorporated land or mountainous planning district land into 10
976 lots or less without a plat, by certifying in writing that:
977 (a) the county has provided notice as required by ordinance; and
978 (b) the proposed subdivision:
979 (i) is not traversed by the mapped lines of a proposed street as shown in the general
980 plan and does not require the dedication of any land for street or other public purposes;
981 (ii) has been approved by the culinary water authority and the sanitary sewer authority;
982 (iii) is located in a zoned area; and
983 (iv) conforms to all applicable land use ordinances or has properly received a variance
984 from the requirements of an otherwise conflicting and applicable land use ordinance.
985 (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
986 land is exempt from the plat requirements of Section 17-27a-603 if:
987 (i) the lot or parcel:
988 (A) qualifies as land in agricultural use under Section 59-2-502 ; and
989 (B) is not used and will not be used for any nonagricultural purpose; and
990 (ii) the new owner of record completes, signs, and records with the county recorder a
991 notice:
992 (A) describing the parcel by legal description; and
993 (B) stating that the lot or parcel is created for agricultural purposes as defined in
994 Section 59-2-502 and will remain so until a future zoning change permits other uses.
995 (b) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
996 purpose, the county shall require the lot or parcel to comply with the requirements of Section
997 17-27a-603 and all applicable land use ordinance requirements.
998 (3) (a) Except as provided in Subsection (4), a document recorded in the county
999 recorder's office that divides property by a metes and bounds description does not create an
1000 approved subdivision allowed by this part unless the land use authority's certificate of written
1001 approval required by Subsection (1) is attached to the document.
1002 (b) The absence of the certificate or written approval required by Subsection (1) does
1003 not:
1004 (i) prohibit the county recorder from recording a document; or
1005 (ii) affect the validity of a recorded document.
1006 (c) A document which does not meet the requirements of Subsection (1) may be
1007 corrected by the recording of an affidavit to which the required certificate or written approval is
1008 attached in accordance with Section 57-3-106 .
1009 (4) (a) As used in this Subsection (4):
1010 (i) "Divided land" means land that:
1011 (A) is described as the land to be divided in a notice under Subsection (4)(b)(ii); and
1012 (B) has been divided by a minor subdivision.
1013 (ii) "Land to be divided" means land that is proposed to be divided by a minor
1014 subdivision.
1015 (iii) "Minor subdivision" means a division of at least 100 contiguous acres of
1016 agricultural land in a county of the third, fourth, fifth, or sixth class to create one new lot that,
1017 after the division, is separate from the remainder of the original 100 or more contiguous acres
1018 of agricultural land.
1019 (iv) "Minor subdivision lot" means a lot created by a minor subdivision.
1020 (b) Notwithstanding Sections 17-27a-603 and 17-27a-604 , an owner of at least 100
1021 contiguous acres of agricultural land may make a minor subdivision by submitting for
1022 recording in the office of the recorder of the county in which the land to be divided is located:
1023 (i) a recordable deed containing the legal description of the minor subdivision lot; and
1024 (ii) a notice:
1025 (A) indicating that the owner of the land to be divided is making a minor subdivision;
1026 (B) referring specifically to this section as the authority for making the minor
1027 subdivision; and
1028 (C) containing the legal description of:
1029 (I) the land to be divided; and
1030 (II) the minor subdivision lot.
1031 (c) A minor subdivision lot:
1032 (i) may not be less than one acre in size;
1033 (ii) may not be within 1,000 feet of another minor subdivision lot; and
1034 (iii) is not subject to the subdivision ordinance of the county in which the minor
1035 subdivision lot is located.
1036 (d) Land to be divided by a minor subdivision may not include divided land.
1037 (e) A county:
1038 (i) may not deny a building permit to an owner of a minor subdivision lot based on:
1039 (A) the lot's status as a minor subdivision lot; or
1040 (B) the absence of standards described in Subsection (4)(e)(ii); and
1041 (ii) may, in connection with the issuance of a building permit, subject a minor
1042 subdivision lot to reasonable health, safety, and access standards that the county has established
1043 and made public.
1044 Section 17. Section 17-27a-901 is enacted to read:
1045
1046 17-27a-901. Mountainous planning district.
1047 (1) (a) The legislative body of a county of the first class may adopt a resolution
1048 designating an area located within the county as a mountainous planning district if the
1049 legislative body determines that:
1050 (i) the area is primarily used for recreational purposes, including canyons, foothills, ski
1051 resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas;
1052 (ii) the area is used by residents of the county who live inside and outside the limits of
1053 cities and towns; and
1054 (iii) the total resident population in the proposed mountainous planning district is equal
1055 to or less than 5% of the population of the county.
1056 (b) A mountainous planning district may include within its boundaries a town or a city,
1057 whether in whole or in part.
1058 (c) The population figure under Subsection (1)(a)(iii) shall be derived from a
1059 population estimate by the Utah Population Estimates Committee.
1060 (2) If the legislative body of a county adopts a resolution described in Subsection
1061 (1)(a), the county shall also adopt a resolution dissolving or changing the boundaries of a
1062 township planning commission, if one exists, of a township located, in whole or in part, within
1063 the mountainous planning district.
1064 (3) If an unincorporated area of the county is located within a mountainous planning
1065 district, the area:
1066 (a) may be annexed by a municipality; and
1067 (b) may not incorporate as a municipality under Title 10, Chapter 2, Incorporation,
1068 Classification, Boundaries, Consolidation, and Dissolution of Municipalities.
Legislative Review Note
as of 2-24-14 11:39 AM