This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 3, 2023 at 9:57 AM by lpoole.
Senator Lincoln Fillmore proposes the following substitute bill:


1     
LAND USE, DEVELOPMENT, AND MANAGEMENT ACT

2     
MODIFICATIONS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Stephen L. Whyte

6     
Senate Sponsor: Lincoln Fillmore

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions related to municipal land use, development, and
11     management of real property.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies the definition of rural real property;
15          ▸     modifies provisions relating to a municipality's annexation of unincorporated
16     private property;
17          ▸     modifies the process by which a boundary commission considers competing
18     petitions for annexation of unincorporated private property;
19          ▸     clarifies the circumstances under which a municipality may adopt temporary land
20     use restrictions; and
21          ▸     modifies the way private parties and municipalities may use development
22     agreements.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          10-2-401, as last amended by Laws of Utah 2021, Chapter 112
30          10-2-402, as last amended by Laws of Utah 2021, Chapter 112
31          10-2-403, as last amended by Laws of Utah 2021, Chapter 112
32          10-2-405, as last amended by Laws of Utah 2021, Chapter 112
33          10-2-407, as last amended by Laws of Utah 2022, Chapter 355
34          10-2-408, as last amended by Laws of Utah 2021, Chapter 112
35          10-2-416, as last amended by Laws of Utah 2015, Chapter 352
36          10-9a-103, as last amended by Laws of Utah 2022, Chapters 355, 406
37          10-9a-504, as renumbered and amended by Laws of Utah 2005, Chapter 254
38          10-9a-508, as last amended by Laws of Utah 2016, Chapter 350
39          10-9a-509, as last amended by Laws of Utah 2022, Chapters 325, 355 and 406
40          10-9a-532, as enacted by Laws of Utah 2021, Chapter 385
41          10-9a-534, as enacted by Laws of Utah 2021, First Special Session, Chapter 3
42          10-9a-604.5, as last amended by Laws of Utah 2019, Chapter 384
43          17-27a-103, as last amended by Laws of Utah 2022, Chapter 406
44          17-27a-504, as renumbered and amended by Laws of Utah 2005, Chapter 254
45          17-27a-507, as last amended by Laws of Utah 2013, Chapter 309
46          17-27a-508, as last amended by Laws of Utah 2022, Chapters 325, 355 and 406
47          17-27a-528, as enacted by Laws of Utah 2021, Chapter 385
48          17-27a-530, as enacted by Laws of Utah 2021, First Special Session, Chapter 3
49          17-27a-604.5, as last amended by Laws of Utah 2020, Chapter 354
50     

51     Be it enacted by the Legislature of the state of Utah:
52          Section 1. Section 10-2-401 is amended to read:
53          10-2-401. Definitions -- Property owner provisions.
54          (1) As used in this part:
55          (a) "Affected entity" means:
56          (i) a county of the first or second class in whose unincorporated area the area proposed

57     for annexation is located;
58          (ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the
59     area proposed for annexation is located, if the area includes residents or commercial or
60     industrial development;
61          (iii) a local district under Title 17B, Limited Purpose Local Government Entities -
62     Local Districts, or special service district under Title 17D, Chapter 1, Special Service District
63     Act, whose boundary includes any part of an area proposed for annexation;
64          (iv) a school district whose boundary includes any part of an area proposed for
65     annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
66          (v) a municipality whose boundaries are within 1/2 mile of an area proposed for
67     annexation.
68          (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
69     annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
70     municipality.
71          (c) "Commission" means a boundary commission established under Section 10-2-409
72     for the county in which the property that is proposed for annexation is located.
73          (d) "Expansion area" means the unincorporated area that is identified in an annexation
74     policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
75     the future.
76          (e) "Feasibility consultant" means a person or firm with expertise in the processes and
77     economics of local government.
78          (f) "Mining protection area" means the same as that term is defined in Section
79     17-41-101.
80          (g) "Municipal selection committee" means a committee in each county composed of
81     the mayor of each municipality within that county.
82          (h) "Planning advisory area" means the same as that term is defined in Section
83     17-27a-306.
84          (i) "Private," with respect to real property, means not owned by the United States or
85     any agency of the federal government, the state, a county, a municipality, a school district, a
86     local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a
87     special service district under Title 17D, Chapter 1, Special Service District Act, or any other

88     political subdivision or governmental entity of the state.
89          (j) (i) "Rural real property" means [the same as that term is defined in Section
90     17B-2a-1107.] a group of contiguous tax parcels, or a single tax parcel, that:
91          (A) are under common ownership;
92          (B) consist of no less than 1,000 total acres;
93          (C) are zoned for manufacturing or agricultural purposes; and
94          (D) do not have a residential unit density greater than one unit per acre.
95          (ii) "Rural real property" includes any portion of private real property, if the private
96     real property:
97          (A) qualifies as rural real property under Subsection (1)(j)(i); and
98          (B) consists of more than 1,500 total acres.
99          (k) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
100          (l) "Unincorporated peninsula" means an unincorporated area:
101          (i) that is part of a larger unincorporated area;
102          (ii) that extends from the rest of the unincorporated area of which it is a part;
103          (iii) that is surrounded by land that is within a municipality, except where the area
104     connects to and extends from the rest of the unincorporated area of which it is a part; and
105          (iv) whose width, at any point where a straight line may be drawn from a place where it
106     borders a municipality to another place where it borders a municipality, is no more than 25% of
107     the boundary of the area where it borders a municipality.
108          (m) "Urban development" means:
109          (i) a housing development with more than 15 residential units and an average density
110     greater than one residential unit per acre; or
111          (ii) a commercial or industrial development for which cost projections exceed
112     $750,000 for all phases.
113          (2) For purposes of this part:
114          (a) the owner of real property shall be:
115          (i) except as provided in Subsection (2)(a)(ii), the record title owner according to the
116     records of the county recorder on the date of the filing of the petition or protest; or
117          (ii) the lessee of military land, as defined in Section 63H-1-102, if the area proposed
118     for annexation includes military land that is within a project area described in a project area

119     plan adopted by the military installation development authority under Title 63H, Chapter 1,
120     Military Installation Development Authority Act; and
121          (b) the value of private real property shall be determined according to the last
122     assessment roll for county taxes before the filing of the petition or protest.
123          (3) For purposes of each provision of this part that requires the owners of private real
124     property covering a percentage or majority of the total private land area within an area to sign a
125     petition or protest:
126          (a) a parcel of real property may not be included in the calculation of the required
127     percentage or majority unless the petition or protest is signed by:
128          (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
129     ownership interest in that parcel; or
130          (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
131     of owners of that parcel;
132          (b) the signature of a person signing a petition or protest in a representative capacity on
133     behalf of an owner is invalid unless:
134          (i) the person's representative capacity and the name of the owner the person represents
135     are indicated on the petition or protest with the person's signature; and
136          (ii) the person provides documentation accompanying the petition or protest that
137     substantiates the person's representative capacity; and
138          (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
139     petition or protest on behalf of a deceased owner.
140          Section 2. Section 10-2-402 is amended to read:
141          10-2-402. Annexation -- Limitations.
142          (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
143     annexed to the municipality as provided in this part.
144          (b) Except as provided in Subsection (1)(c), an unincorporated area may not be
145     annexed to a municipality unless:
146          (i) the unincorporated area is a contiguous area;
147          (ii) the unincorporated area is contiguous to the municipality;
148          (iii) annexation will not leave or create an unincorporated island or unincorporated
149     peninsula:

150          (A) except as provided in Subsection 10-2-418(3);
151          (B) except where an unincorporated island or peninsula existed before the annexation,
152     if the annexation will reduce the size of the unincorporated island or peninsula; or
153          [(B)] (C) unless the county and municipality have otherwise agreed; and
154          (iv) for an area located in a specified county, the area is within the proposed annexing
155     municipality's expansion area.
156          (c) A municipality may annex an unincorporated area within a specified county that
157     does not meet the requirements of Subsection (1)(b), leaving or creating an unincorporated
158     island or unincorporated peninsula, if:
159          (i) the area is within the annexing municipality's expansion area;
160          (ii) the specified county in which the area is located and the annexing municipality
161     agree to the annexation;
162          (iii) the area is not within the area of another municipality's annexation policy plan,
163     unless the other municipality agrees to the annexation; and
164          (iv) the annexation is for the purpose of providing municipal services to the area.
165          (2) Except as provided in Section 10-2-418, a municipality may not annex an
166     unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
167          (3) (a) An annexation under this part may not include part of a parcel of real property
168     and exclude part of that same parcel unless the owner of that parcel has signed the annexation
169     petition under Section 10-2-403.
170          (b) A piece of real property that has more than one parcel number is considered to be a
171     single parcel for purposes of Subsection (3)(a) if owned by the same owner.
172          (4) A municipality may not annex an unincorporated area in a specified county for the
173     sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
174     annex the same or a related area unless the municipality has the ability and intent to benefit the
175     annexed area by providing municipal services to the annexed area.
176          (5) (a) As used in this subsection, "expansion area urban development" means:
177          (i) for a specified county, urban development within a city or town's expansion area; or
178          (ii) for a county of the first class, urban development within a city or town's expansion
179     area that:
180          (A) consists of 50 or more acres;

181          (B) requires the county to change the zoning designation of the land on which the
182     urban development is located; and
183          (C) does not include commercial or industrial development that is located within a
184     mining protection area as defined in Section 17-41-101, regardless of whether the commercial
185     or industrial development is for a mining use as defined in Section 17-41-101.
186          (b) A county legislative body may not approve expansion area urban development
187     unless:
188          (i) the county notifies the city or town of the proposed development; and
189          (ii) (A) the city or town consents in writing to the development;
190          (B) within 90 days after the county's notification of the proposed development, the city
191     or town submits to the county a written objection to the county's approval of the proposed
192     development and the county responds in writing to the city or town's objection; or
193          (C) the city or town fails to respond to the county's notification of the proposed
194     development within 90 days after the day on which the county provides the notice.
195          (6) (a) As used in this Subsection (6), "airport" means an area that the Federal Aviation
196     Administration has, by a record of decision, approved for the construction or operation of a
197     Class I, II, or III commercial service airport, as designated by the Federal Aviation
198     Administration in 14 C.F.R. Part 139.
199          (b) A municipality may not annex an unincorporated area within 5,000 feet of the
200     center line of any runway of an airport operated or to be constructed and operated by another
201     municipality unless the legislative body of the other municipality adopts a resolution
202     consenting to the annexation.
203          (c) A municipality that operates or intends to construct and operate an airport and does
204     not adopt a resolution consenting to the annexation of an area described in Subsection (6)(b)
205     may not deny an annexation petition proposing the annexation of that same area to that
206     municipality.
207          (7) (a) As used in this Subsection (7), "project area" means a project area as defined in
208     Section 63H-1-102 that is in a project area plan as defined in Section 63H-1-102 adopted by
209     the Military Installation Development Authority under Title 63H, Chapter 1, Military
210     Installation Development Authority Act.
211          (b) A municipality may not annex an unincorporated area located within a project area

212     without the authority's approval.
213          (c) (i) Except as provided in Subsection (7)(c)(ii), the Military Installation
214     Development Authority may petition for annexation of the following areas to a municipality as
215     if the Military Installation Development Authority was the sole private property owner within
216     the area:
217          (A) an area within a project area;
218          (B) an area that is contiguous to a project area and within the boundaries of a military
219     installation;
220          (C) an area owned by the Military Installation Development Authority; and
221          (D) an area that is contiguous to an area owned by the Military Installation
222     Development Authority that the Military Installation Development Authority plans to add to an
223     existing project area.
224          (ii) If any portion of an area annexed under a petition for annexation filed by the
225     Military Installation Development Authority is located in a specified county:
226          (A) the annexation process shall follow the requirements for a specified county; and
227          (B) the provisions of Section 10-2-402.5 do not apply.
228          (8) A municipality may not annex an unincorporated area if:
229          (a) the area is proposed for incorporation in:
230          (i) a feasibility study conducted under Section 10-2a-205; or
231          (ii) a supplemental feasibility study conducted under Section 10-2a-206;
232          (b) the lieutenant governor completes the first public hearing on the proposed
233     incorporation under Subsection 10-2a-207(4); and
234          (c) the time period for a specified landowner, as defined in Section 10-2a-203, to
235     request that the lieutenant governor exclude the specified landowner's property from the
236     proposed incorporation under Subsection 10-2a-207(5)(a) has expired.
237          Section 3. Section 10-2-403 is amended to read:
238          10-2-403. Annexation petition -- Requirements -- Notice required before filing.
239          (1) Except as provided in Section 10-2-418, the process to annex an unincorporated
240     area to a municipality is initiated by a petition as provided in this section.
241          (2) (a) (i) Before filing a petition under Subsection (1), the person or persons intending
242     to file a petition shall:

243          (A) file with the city recorder or town clerk of the proposed annexing municipality a
244     notice of intent to file a petition; and
245          (B) send a copy of the notice of intent to each affected entity.
246          (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
247     area that is proposed to be annexed.
248          (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
249     annexed is located shall:
250          (A) mail the notice described in Subsection (2)(b)(iii) to:
251          (I) each owner of real property located within the area proposed to be annexed; and
252          (II) each owner of real property located within 300 feet of the area proposed to be
253     annexed; and
254          (B) send to the proposed annexing municipality a copy of the notice and a certificate
255     indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
256          (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
257     days after receiving from the person or persons who filed the notice of intent:
258          (A) a written request to mail the required notice; and
259          (B) payment of an amount equal to the county's expected actual cost of mailing the
260     notice.
261          (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
262          (A) be in writing;
263          (B) state, in bold and conspicuous terms, substantially the following:
264          "Attention: Your property may be affected by a proposed annexation.
265          Records show that you own property within an area that is intended to be included in a
266     proposed annexation to (state the name of the proposed annexing municipality) or that is within
267     300 feet of that area. If your property is within the area proposed for annexation, you may be
268     asked to sign a petition supporting the annexation. You may choose whether to sign the
269     petition. By signing the petition, you indicate your support of the proposed annexation. If you
270     sign the petition but later change your mind about supporting the annexation, you may
271     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
272     of (state the name of the proposed annexing municipality) within 30 days after (state the name
273     of the proposed annexing municipality) receives notice that the petition has been certified.

274          There will be no public election on the proposed annexation because Utah law does not
275     provide for an annexation to be approved by voters at a public election. Signing or not signing
276     the annexation petition is the method under Utah law for the owners of property within the area
277     proposed for annexation to demonstrate their support of or opposition to the proposed
278     annexation.
279          You may obtain more information on the proposed annexation by contacting (state the
280     name, mailing address, telephone number, and email address of the official or employee of the
281     proposed annexing municipality designated to respond to questions about the proposed
282     annexation), (state the name, mailing address, telephone number, and email address of the
283     county official or employee designated to respond to questions about the proposed annexation),
284     or (state the name, mailing address, telephone number, and email address of the person who
285     filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
286     notice of intent, one of those persons). Once filed, the annexation petition will be available for
287     inspection and copying at the office of (state the name of the proposed annexing municipality)
288     located at (state the address of the municipal offices of the proposed annexing municipality).";
289     and
290          (C) be accompanied by an accurate map identifying the area proposed for annexation.
291          (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
292     other information or materials related or unrelated to the proposed annexation.
293          (c) (i) After receiving the certificate from the county as provided in Subsection
294     (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
295     who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
296     the annexation proposed in the notice of intent.
297          (ii) An annexation petition provided by the proposed annexing municipality may be
298     duplicated for circulation for signatures.
299          (3) Each petition under Subsection (1) shall:
300          (a) be filed with the applicable city recorder or town clerk of the proposed annexing
301     municipality;
302          (b) contain the signatures of, if all the real property within the area proposed for
303     annexation is owned by a public entity other than the federal government, the owners of all the
304     publicly owned real property, or the owners of private real property that:

305          (i) is located within the area proposed for annexation;
306          (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area
307     within the area proposed for annexation;
308          (B) covers 100% of all of the rural real property within the area proposed for
309     annexation; and
310          (C) covers 100% of all of the private land area within the area proposed for
311     annexation[, if the area is within an agriculture protection area created under Title 17, Chapter
312     41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas,] or a migratory
313     bird production area created under Title 23, Chapter 28, Migratory Bird Production Area; and
314          (iii) is equal in value to at least 1/3 of the value of all private real property within the
315     area proposed for annexation;
316          (c) be accompanied by:
317          (i) an accurate and recordable map, prepared by a licensed surveyor in accordance with
318     Section 17-23-20, of the area proposed for annexation; and
319          (ii) a copy of the notice sent to affected entities as required under Subsection
320     (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
321          (d) contain on each signature page a notice in bold and conspicuous terms that states
322     substantially the following:
323          "Notice:
324          • There will be no public election on the annexation proposed by this petition because
325     Utah law does not provide for an annexation to be approved by voters at a public election.
326          • If you sign this petition and later decide that you do not support the petition, you may
327     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
328     of (state the name of the proposed annexing municipality). If you choose to withdraw your
329     signature, you shall do so no later than 30 days after (state the name of the proposed annexing
330     municipality) receives notice that the petition has been certified.";
331          (e) if the petition proposes a cross-county annexation, as defined in Section 10-2-402.5,
332     be accompanied by a copy of the resolution described in Subsection 10-2-402.5(4)(a)(iii)(A);
333     and
334          (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
335     designated as the contact sponsor, and indicate the mailing address of each sponsor.

336          (4) A petition under Subsection (1) may not propose the annexation of all or part of an
337     area proposed for annexation to a municipality in a previously filed petition that has not been
338     denied, rejected, or granted.
339          (5) If practicable and feasible, the boundaries of an area proposed for annexation shall
340     be drawn:
341          (a) along the boundaries of existing local districts and special service districts for
342     sewer, water, and other services, along the boundaries of school districts whose boundaries
343     follow city boundaries or school districts adjacent to school districts whose boundaries follow
344     city boundaries, and along the boundaries of other taxing entities;
345          (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
346     services;
347          (c) to facilitate the consolidation of overlapping functions of local government;
348          (d) to promote the efficient delivery of services; and
349          (e) to encourage the equitable distribution of community resources and obligations.
350          (6) On the date of filing, the petition sponsors shall deliver or mail a copy of the
351     petition to the clerk of the county in which the area proposed for annexation is located.
352          (7) A property owner who signs an annexation petition may withdraw the owner's
353     signature by filing a written withdrawal, signed by the property owner, with the city recorder or
354     town clerk no later than 30 days after the municipal legislative body's receipt of the notice of
355     certification under Subsection 10-2-405(2)(c)(i).
356          Section 4. Section 10-2-405 is amended to read:
357          10-2-405. Acceptance or denial of an annexation petition -- Petition certification
358     process -- Modified petition.
359          (1) (a) (i) A municipal legislative body may:
360          (A) subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-403; or
361          (B) accept the petition for further consideration under this part.
362          (ii) A petition shall be considered to have been accepted for further consideration under
363     this part if a municipal legislative body fails to act to deny or accept the petition under
364     Subsection (1)(a)(i):
365          (A) in the case of a city of the first or second class, within 14 days after the filing of the
366     petition; or

367          (B) in the case of a city of the third, fourth, or fifth class, a town, or a metro township,
368     at the next regularly scheduled meeting of the municipal legislative body that is at least 14 days
369     after the date the petition was filed.
370          (b) If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall,
371     within five days after the denial, mail written notice of the denial to:
372          (i) the contact sponsor; and
373          (ii) the clerk of the county in which the area proposed for annexation is located.
374          (2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i) or is
375     considered to have accepted the petition under Subsection (1)(a)(ii), the city recorder or town
376     clerk, as the case may be, shall, within 30 days after that acceptance:
377          (a) obtain from the assessor, clerk, surveyor, and recorder of the county in which the
378     area proposed for annexation is located the records the city recorder or town clerk needs to
379     determine whether the petition meets the requirements of Subsections 10-2-403(3) and (4);
380          (b) with the assistance of the municipal attorney, determine whether the petition meets
381     the requirements of Subsections 10-2-403(3) and (4); and
382          (c) (i) if the city recorder or town clerk determines that the petition meets those
383     requirements, certify the petition and mail or deliver written notification of the certification to
384     the municipal legislative body, the contact sponsor, and the county legislative body; or
385          (ii) if the city recorder or town clerk determines that the petition fails to meet any of
386     those requirements, reject the petition and mail or deliver written notification of the rejection
387     and the reasons for the rejection to the municipal legislative body, the contact sponsor, and the
388     county legislative body.
389          (3) (a) (i) If the city recorder or town clerk rejects a petition under Subsection (2)(c)(ii),
390     the petition may be modified to correct the deficiencies for which it was rejected and then
391     refiled with the city recorder or town clerk, as the case may be.
392          (ii) A signature on an annexation petition filed under Section 10-2-403 may be used
393     toward fulfilling the signature requirement of Subsection 10-2-403(2)(b) for the petition as
394     modified under Subsection (3)(a)(i).
395          (b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
396     recorder or town clerk under Subsection (2)(c)(ii), the refiled petition shall be treated as a
397     newly filed petition under Subsection 10-2-403(1).

398          (4) Any vote by a municipal legislative body to deny a petition under this part may be
399     recalled and set for reconsideration by a majority of the voting members of the municipal
400     legislative body.
401          [(4)] (5) Each county assessor, clerk, surveyor, and recorder shall provide copies of
402     records that a city recorder or town clerk requests under Subsection (2)(a).
403          Section 5. Section 10-2-407 is amended to read:
404          10-2-407. Protest to annexation petition -- Planning advisory area planning
405     commission recommendation -- Petition requirements -- Disposition of petition if no
406     protest filed.
407          (1) A protest to an annexation petition under Section 10-2-403 may only be filed by:
408          (a) the legislative body or governing board of an affected entity;
409          (b) an owner of rural real property located within the area proposed for annexation;
410          (c) for a proposed annexation of an area within a county of the first class, an owner of
411     private real property that:
412          (i) is located in the unincorporated area within 1/2 mile of the area proposed for
413     annexation;
414          (ii) covers at least 25% of the private land area located in the unincorporated area
415     within 1/2 mile of the area proposed for annexation; and
416          (iii) is equal in value to at least 15% of all real property located in the unincorporated
417     area within 1/2 mile of the area proposed for annexation; or
418          (d) an owner of private real property located in a mining protection area.
419          (2) Each protest under Subsection (1) shall:
420          (a) be filed:
421          (i) no later than 30 days after the municipal legislative body's receipt of the notice of
422     certification under Subsection 10-2-405(2)(c)(i); and
423          (ii) (A) in a county that has already created a commission under Section 10-2-409, with
424     the commission; or
425          (B) in a county that has not yet created a commission under Section 10-2-409, with the
426     clerk of the county in which the area proposed for annexation is located;
427          (b) state each reason for the protest of the annexation petition and, if the area proposed
428     to be annexed is located in a specified county, justification for the protest under the standards

429     established in this chapter;
430          (c) if the area proposed to be annexed is located in a specified county, contain other
431     information that the commission by rule requires or that the party filing the protest considers
432     pertinent; and
433          (d) contain the name and address of a contact person who is to receive notices sent by
434     the commission with respect to the protest proceedings.
435          (3) The party filing a protest under this section shall on the same date deliver or mail a
436     copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
437          (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
438          (a) immediately notify the county legislative body of the protest; and
439          (b) deliver the protest to the boundary commission within five days after:
440          (i) receipt of the protest, if the boundary commission has previously been created; or
441          (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
442     boundary commission has not previously been created.
443          (5) (a) If a protest is filed under this section:
444          (i) the municipal legislative body may, at its next regular meeting after expiration of
445     the deadline under Subsection (2)(a)(i), deny the annexation petition; or
446          (ii) if the municipal legislative body does not deny the annexation petition under
447     Subsection (5)(a)(i), the municipal legislative body may take no further action on the
448     annexation petition until after receipt of the commission's notice of its decision on the protest
449     under Section 10-2-416.
450          (b) If a municipal legislative body denies an annexation petition under Subsection
451     (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
452     the denial in writing to:
453          (i) the contact sponsor of the annexation petition;
454          (ii) the commission; and
455          (iii) each entity that filed a protest.
456          (6) If no timely protest is filed under this section, the municipal legislative body may,
457     subject to Subsection (7), approve the petition.
458          (7) Before approving an annexation petition under Subsection (6), the municipal
459     legislative body shall hold a public hearing and provide notice of the public hearing:

460          (a) (i) at least seven days before the day of the public hearing, by posting one notice,
461     and at least one additional notice per 2,000 population within the municipality and the area
462     proposed for annexation, in places within that combined area that are most likely to give notice
463     to the residents within, and the owners of real property located within, the combined area,
464     subject to a maximum of 10 notices; or
465          (ii) at least 10 days before the day of the public hearing, by mailing the notice to each
466     residence within, and to each owner of real property located within, the combined area
467     described in Subsection (7)(a)(i);
468          (b) by posting notice on the Utah Public Notice Website, created in Section
469     63A-16-601, for seven days before the day of the public hearing; and
470          (c) if the municipality has a website, by posting notice on the municipality's website for
471     seven days before the day of the public hearing.
472          (8) (a) Subject to Subsection (8)(b), only a person or entity that is described in
473     Subsection (1) has standing to challenge an annexation in district court.
474          (b) A person or entity described in Subsection (1) may only bring an action in district
475     court to challenge an annexation if the person or entity has timely filed a protest as described in
476     Subsection (2) and exhausted the administrative remedies described in this section.
477          Section 6. Section 10-2-408 is amended to read:
478          10-2-408. Denying or approving the annexation petition -- Notice of approval.
479          (1) After receipt of the commission's decision on a protest under Subsection
480     10-2-416(2), a municipal legislative body may:
481          (a) deny the annexation petition; or
482          (b) subject to Subsection (2), if the commission approves the annexation, approve the
483     annexation petition consistent with the commission's decision.
484          (2) A municipal legislative body shall exclude from the annexed area:
485          (a) rural real property, unless the owner of the rural real property has signed the
486     petition for annexation or gives written consent to include the rural real property; and
487          (b) private real property located in a mining protection area, unless the owner of the
488     private real property gives written consent to include the private real property.
489          Section 7. Section 10-2-416 is amended to read:
490          10-2-416. Commission decision -- Time limit -- Limitation on approval of

491     annexation.
492          (1) (a) Subject to [Subsection (3)] Subsections (1)(b) and (3), after the public hearing
493     under Subsection 10-2-415(1) the boundary commission may:
494          [(a)] (i) approve the proposed annexation, either with or without conditions;
495          [(b)] (ii) make minor modifications to the proposed annexation and approve it, either
496     with or without conditions; or
497          [(c)] (iii) disapprove the proposed annexation.
498          (b) If a legislative body or governing board of an affected entity files a timely protest to
499     the annexation petition in accordance with Section 10-2-407, the boundary commission, in
500     making a decision under Subsection (1)(a), shall consider and weigh the preferences, to the
501     extent made known during the boundary commission's proceedings, of:
502          (i) the person or persons who submitted the annexation petition; and
503          (ii) any property owner who has timely filed a protest in accordance with Section
504     10-2-407.
505          (2) The commission shall issue a written decision on the proposed annexation within
506     30 days after the conclusion of the hearing under Section 10-2-415 and shall send a copy of the
507     decision to:
508          (a) the legislative body of the county in which the area proposed for annexation is
509     located;
510          (b) the legislative body of the proposed annexing municipality;
511          (c) the contact person on the annexation petition;
512          (d) the contact person of each entity that filed a protest; and
513          (e) if a protest was filed under Subsection 10-2-407(1)(c) with respect to a proposed
514     annexation of an area located in a county of the first class, the contact person designated in the
515     protest.
516          (3) Except for an annexation for which a feasibility study may not be required under
517     Subsection 10-2-413(1)(b), the commission may not approve a proposed annexation of an area
518     located within a county of the first class unless the results of the feasibility study under Section
519     10-2-413 show that the average annual amount under Subsection 10-2-413(3)(a)(ix) does not
520     exceed the average annual amount under Subsection 10-2-413(3)(a)(viii) by more than 5%.
521          Section 8. Section 10-9a-103 is amended to read:

522          10-9a-103. Definitions.
523          As used in this chapter:
524          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
525     detached from a primary single-family dwelling and contained on one lot.
526          (2) "Adversely affected party" means a person other than a land use applicant who:
527          (a) owns real property adjoining the property that is the subject of a land use
528     application or land use decision; or
529          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
530     general community as a result of the land use decision.
531          (3) "Affected entity" means a county, municipality, local district, special service
532     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
533     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
534     public utility, property owner, property owners association, or the Utah Department of
535     Transportation, if:
536          (a) the entity's services or facilities are likely to require expansion or significant
537     modification because of an intended use of land;
538          (b) the entity has filed with the municipality a copy of the entity's general or long-range
539     plan; or
540          (c) the entity has filed with the municipality a request for notice during the same
541     calendar year and before the municipality provides notice to an affected entity in compliance
542     with a requirement imposed under this chapter.
543          (4) "Affected owner" means the owner of real property that is:
544          (a) a single project;
545          (b) the subject of a land use approval that sponsors of a referendum timely challenged
546     in accordance with Subsection 20A-7-601(6); and
547          (c) determined to be legally referable under Section 20A-7-602.8.
548          (5) "Appeal authority" means the person, board, commission, agency, or other body
549     designated by ordinance to decide an appeal of a decision of a land use application or a
550     variance.
551          (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
552     residential property if the sign is designed or intended to direct attention to a business, product,

553     or service that is not sold, offered, or existing on the property where the sign is located.
554          (7) (a) "Charter school" means:
555          (i) an operating charter school;
556          (ii) a charter school applicant that a charter school authorizer approves in accordance
557     with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
558          (iii) an entity that is working on behalf of a charter school or approved charter
559     applicant to develop or construct a charter school building.
560          (b) "Charter school" does not include a therapeutic school.
561          (8) "Conditional use" means a land use that, because of the unique characteristics or
562     potential impact of the land use on the municipality, surrounding neighbors, or adjacent land
563     uses, may not be compatible in some areas or may be compatible only if certain conditions are
564     required that mitigate or eliminate the detrimental impacts.
565          (9) "Constitutional taking" means a governmental action that results in a taking of
566     private property so that compensation to the owner of the property is required by the:
567          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
568          (b) Utah Constitution Article I, Section 22.
569          (10) "Culinary water authority" means the department, agency, or public entity with
570     responsibility to review and approve the feasibility of the culinary water system and sources for
571     the subject property.
572          (11) "Development activity" means:
573          (a) any construction or expansion of a building, structure, or use that creates additional
574     demand and need for public facilities;
575          (b) any change in use of a building or structure that creates additional demand and need
576     for public facilities; or
577          (c) any change in the use of land that creates additional demand and need for public
578     facilities.
579          (12) (a) "Development agreement" means a written agreement or amendment to a
580     written agreement between a municipality and one or more parties that regulates or controls the
581     use or development of a specific area of land.
582          (b) "Development agreement" does not include an improvement completion assurance.
583          (13) (a) "Disability" means a physical or mental impairment that substantially limits

584     one or more of a person's major life activities, including a person having a record of such an
585     impairment or being regarded as having such an impairment.
586          (b) "Disability" does not include current illegal use of, or addiction to, any federally
587     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
588     802.
589          (14) "Educational facility":
590          (a) means:
591          (i) a school district's building at which pupils assemble to receive instruction in a
592     program for any combination of grades from preschool through grade 12, including
593     kindergarten and a program for children with disabilities;
594          (ii) a structure or facility:
595          (A) located on the same property as a building described in Subsection (14)(a)(i); and
596          (B) used in support of the use of that building; and
597          (iii) a building to provide office and related space to a school district's administrative
598     personnel; and
599          (b) does not include:
600          (i) land or a structure, including land or a structure for inventory storage, equipment
601     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
602          (A) not located on the same property as a building described in Subsection (14)(a)(i);
603     and
604          (B) used in support of the purposes of a building described in Subsection (14)(a)(i); or
605          (ii) a therapeutic school.
606          (15) "Fire authority" means the department, agency, or public entity with responsibility
607     to review and approve the feasibility of fire protection and suppression services for the subject
608     property.
609          (16) "Flood plain" means land that:
610          (a) is within the 100-year flood plain designated by the Federal Emergency
611     Management Agency; or
612          (b) has not been studied or designated by the Federal Emergency Management Agency
613     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
614     the land has characteristics that are similar to those of a 100-year flood plain designated by the

615     Federal Emergency Management Agency.
616          (17) "General plan" means a document that a municipality adopts that sets forth general
617     guidelines for proposed future development of the land within the municipality.
618          (18) "Geologic hazard" means:
619          (a) a surface fault rupture;
620          (b) shallow groundwater;
621          (c) liquefaction;
622          (d) a landslide;
623          (e) a debris flow;
624          (f) unstable soil;
625          (g) a rock fall; or
626          (h) any other geologic condition that presents a risk:
627          (i) to life;
628          (ii) of substantial loss of real property; or
629          (iii) of substantial damage to real property.
630          (19) "Historic preservation authority" means a person, board, commission, or other
631     body designated by a legislative body to:
632          (a) recommend land use regulations to preserve local historic districts or areas; and
633          (b) administer local historic preservation land use regulations within a local historic
634     district or area.
635          (20) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
636     meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
637     utility system.
638          (21) "Identical plans" means building plans submitted to a municipality that:
639          (a) are clearly marked as "identical plans";
640          (b) are substantially identical to building plans that were previously submitted to and
641     reviewed and approved by the municipality; and
642          (c) describe a building that:
643          (i) is located on land zoned the same as the land on which the building described in the
644     previously approved plans is located;
645          (ii) is subject to the same geological and meteorological conditions and the same law

646     as the building described in the previously approved plans;
647          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
648     and approved by the municipality; and
649          (iv) does not require any additional engineering or analysis.
650          (22) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
651     Impact Fees Act.
652          (23) "Improvement completion assurance" means a surety bond, letter of credit,
653     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
654     by a municipality to guaranty the proper completion of landscaping or an infrastructure
655     improvement required as a condition precedent to:
656          (a) recording a subdivision plat; or
657          (b) development of a commercial, industrial, mixed use, or multifamily project.
658          (24) "Improvement warranty" means an applicant's unconditional warranty that the
659     applicant's installed and accepted landscaping or infrastructure improvement:
660          (a) complies with the municipality's written standards for design, materials, and
661     workmanship; and
662          (b) will not fail in any material respect, as a result of poor workmanship or materials,
663     within the improvement warranty period.
664          (25) "Improvement warranty period" means a period:
665          (a) no later than one year after a municipality's acceptance of required landscaping; or
666          (b) no later than one year after a municipality's acceptance of required infrastructure,
667     unless the municipality:
668          (i) determines for good cause that a one-year period would be inadequate to protect the
669     public health, safety, and welfare; and
670          (ii) has substantial evidence, on record:
671          (A) of prior poor performance by the applicant; or
672          (B) that the area upon which the infrastructure will be constructed contains suspect soil
673     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
674          (26) "Infrastructure improvement" means permanent infrastructure that is essential for
675     the public health and safety or that:
676          (a) is required for human occupation; and

677          (b) an applicant must install:
678          (i) in accordance with published installation and inspection specifications for public
679     improvements; and
680          (ii) whether the improvement is public or private, as a condition of:
681          (A) recording a subdivision plat;
682          (B) obtaining a building permit; or
683          (C) development of a commercial, industrial, mixed use, condominium, or multifamily
684     project.
685          (27) "Internal lot restriction" means a platted note, platted demarcation, or platted
686     designation that:
687          (a) runs with the land; and
688          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
689     the plat; or
690          (ii) designates a development condition that is enclosed within the perimeter of a lot
691     described on the plat.
692          (28) "Land use applicant" means a property owner, or the property owner's designee,
693     who submits a land use application regarding the property owner's land.
694          (29) "Land use application":
695          (a) means an application that is:
696          (i) required by a municipality; and
697          (ii) submitted by a land use applicant to obtain a land use decision; and
698          (b) does not mean an application to enact, amend, or repeal a land use regulation.
699          (30) "Land use authority" means:
700          (a) a person, board, commission, agency, or body, including the local legislative body,
701     designated by the local legislative body to act upon a land use application; or
702          (b) if the local legislative body has not designated a person, board, commission,
703     agency, or body, the local legislative body.
704          (31) "Land use decision" means an administrative decision of a land use authority or
705     appeal authority regarding:
706          (a) a land use permit; or
707          (b) a land use application.

708          (32) "Land use permit" means a permit issued by a land use authority.
709          (33) "Land use regulation":
710          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
711     specification, fee, or rule that governs the use or development of land;
712          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
713     and
714          (c) does not include:
715          (i) a land use decision of the legislative body acting as the land use authority, even if
716     the decision is expressed in a resolution or ordinance; or
717          (ii) a temporary revision to an engineering specification that does not materially:
718          (A) increase a land use applicant's cost of development compared to the existing
719     specification; or
720          (B) impact a land use applicant's use of land.
721          (34) "Legislative body" means the municipal council.
722          (35) "Local district" means an entity under Title 17B, Limited Purpose Local
723     Government Entities - Local Districts, and any other governmental or quasi-governmental
724     entity that is not a county, municipality, school district, or the state.
725          (36) "Local historic district or area" means a geographically definable area that:
726          (a) contains any combination of buildings, structures, sites, objects, landscape features,
727     archeological sites, or works of art that contribute to the historic preservation goals of a
728     legislative body; and
729          (b) is subject to land use regulations to preserve the historic significance of the local
730     historic district or area.
731          (37) "Lot" means a tract of land, regardless of any label, that is created by and shown
732     on a subdivision plat that has been recorded in the office of the county recorder.
733          (38) (a) "Lot line adjustment" means a relocation of a lot line boundary between
734     adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
735          (i) whether or not the lots are located in the same subdivision; and
736          (ii) with the consent of the owners of record.
737          (b) "Lot line adjustment" does not mean a new boundary line that:
738          (i) creates an additional lot; or

739          (ii) constitutes a subdivision or a subdivision amendment.
740          (c) "Lot line adjustment" does not include a boundary line adjustment made by the
741     Department of Transportation.
742          (39) "Major transit investment corridor" means public transit service that uses or
743     occupies:
744          (a) public transit rail right-of-way;
745          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
746     or
747          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
748     municipality or county and:
749          (i) a public transit district as defined in Section 17B-2a-802; or
750          (ii) an eligible political subdivision as defined in Section 59-12-2219.
751          (40) "Moderate income housing" means housing occupied or reserved for occupancy
752     by households with a gross household income equal to or less than 80% of the median gross
753     income for households of the same size in the county in which the city is located.
754          (41) "Municipal utility easement" means an easement that:
755          (a) is created or depicted on a plat recorded in a county recorder's office and is
756     described as a municipal utility easement granted for public use;
757          (b) is not a protected utility easement or a public utility easement as defined in Section
758     54-3-27;
759          (c) the municipality or the municipality's affiliated governmental entity uses and
760     occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
761     water, or communications or data lines;
762          (d) is used or occupied with the consent of the municipality in accordance with an
763     authorized franchise or other agreement;
764          (e) (i) is used or occupied by a specified public utility in accordance with an authorized
765     franchise or other agreement; and
766          (ii) is located in a utility easement granted for public use; or
767          (f) is described in Section 10-9a-529 and is used by a specified public utility.
768          (42) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
769     spent and expenses incurred in:

770          (a) verifying that building plans are identical plans; and
771          (b) reviewing and approving those minor aspects of identical plans that differ from the
772     previously reviewed and approved building plans.
773          (43) "Noncomplying structure" means a structure that:
774          (a) legally existed before the structure's current land use designation; and
775          (b) because of one or more subsequent land use ordinance changes, does not conform
776     to the setback, height restrictions, or other regulations, excluding those regulations, which
777     govern the use of land.
778          (44) "Nonconforming use" means a use of land that:
779          (a) legally existed before its current land use designation;
780          (b) has been maintained continuously since the time the land use ordinance governing
781     the land changed; and
782          (c) because of one or more subsequent land use ordinance changes, does not conform
783     to the regulations that now govern the use of the land.
784          (45) "Official map" means a map drawn by municipal authorities and recorded in a
785     county recorder's office that:
786          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
787     highways and other transportation facilities;
788          (b) provides a basis for restricting development in designated rights-of-way or between
789     designated setbacks to allow the government authorities time to purchase or otherwise reserve
790     the land; and
791          (c) has been adopted as an element of the municipality's general plan.
792          (46) "Parcel" means any real property that is not a lot.
793          (47) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
794     adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
795     agreement in accordance with Section 10-9a-524, if no additional parcel is created and:
796          (i) none of the property identified in the agreement is a lot; or
797          (ii) the adjustment is to the boundaries of a single person's parcels.
798          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
799     line that:
800          (i) creates an additional parcel; or

801          (ii) constitutes a subdivision.
802          (c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
803     the Department of Transportation.
804          (48) "Person" means an individual, corporation, partnership, organization, association,
805     trust, governmental agency, or any other legal entity.
806          (49) "Plan for moderate income housing" means a written document adopted by a
807     municipality's legislative body that includes:
808          (a) an estimate of the existing supply of moderate income housing located within the
809     municipality;
810          (b) an estimate of the need for moderate income housing in the municipality for the
811     next five years;
812          (c) a survey of total residential land use;
813          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
814     income housing; and
815          (e) a description of the municipality's program to encourage an adequate supply of
816     moderate income housing.
817          (50) "Plat" means an instrument subdividing property into lots as depicted on a map or
818     other graphical representation of lands that a licensed professional land surveyor makes and
819     prepares in accordance with Section 10-9a-603 or 57-8-13.
820          (51) "Potential geologic hazard area" means an area that:
821          (a) is designated by a Utah Geological Survey map, county geologist map, or other
822     relevant map or report as needing further study to determine the area's potential for geologic
823     hazard; or
824          (b) has not been studied by the Utah Geological Survey or a county geologist but
825     presents the potential of geologic hazard because the area has characteristics similar to those of
826     a designated geologic hazard area.
827          (52) "Public agency" means:
828          (a) the federal government;
829          (b) the state;
830          (c) a county, municipality, school district, local district, special service district, or other
831     political subdivision of the state; or

832          (d) a charter school.
833          (53) "Public hearing" means a hearing at which members of the public are provided a
834     reasonable opportunity to comment on the subject of the hearing.
835          (54) "Public meeting" means a meeting that is required to be open to the public under
836     Title 52, Chapter 4, Open and Public Meetings Act.
837          (55) "Public street" means a public right-of-way, including a public highway, public
838     avenue, public boulevard, public parkway, public road, public lane, public alley, public
839     viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
840     easement, or other public way.
841          (56) "Receiving zone" means an area of a municipality that the municipality
842     designates, by ordinance, as an area in which an owner of land may receive a transferable
843     development right.
844          (57) "Record of survey map" means a map of a survey of land prepared in accordance
845     with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
846          (58) "Residential facility for persons with a disability" means a residence:
847          (a) in which more than one person with a disability resides; and
848          (b) (i) which is licensed or certified by the Department of Human Services under Title
849     62A, Chapter 2, Licensure of Programs and Facilities; or
850          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
851     21, Health Care Facility Licensing and Inspection Act.
852          (59) "Residential roadway" means a public local residential road that:
853          (a) will serve primarily to provide access to adjacent primarily residential areas and
854     property;
855          (b) is designed to accommodate minimal traffic volumes or vehicular traffic;
856          (c) is not identified as a supplementary to a collector or other higher system classified
857     street in an approved municipal street or transportation master plan;
858          (d) has a posted speed limit of 25 miles per hour or less;
859          (e) does not have higher traffic volumes resulting from connecting previously separated
860     areas of the municipal road network;
861          (f) cannot have a primary access, but can have a secondary access, and does not abut
862     lots intended for high volume traffic or community centers, including schools, recreation

863     centers, sports complexes, or libraries; and
864          (g) is primarily serves traffic within a neighborhood or limited residential area and
864a     Ŝ→ [
is] ←Ŝ
865     not necessarily continuous through several residential areas.
866          [(59)] (60) "Rules of order and procedure" means a set of rules that govern and
867     prescribe in a public meeting:
868          (a) parliamentary order and procedure;
869          (b) ethical behavior; and
870          (c) civil discourse.
871          [(60)] (61) "Sanitary sewer authority" means the department, agency, or public entity
872     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
873     wastewater systems.
874          [(61)] (62) "Sending zone" means an area of a municipality that the municipality
875     designates, by ordinance, as an area from which an owner of land may transfer a transferable
876     development right.
877          [(62)] (63) "Specified public agency" means:
878          (a) the state;
879          (b) a school district; or
880          (c) a charter school.
881          [(63)] (64) "Specified public utility" means an electrical corporation, gas corporation,
882     or telephone corporation, as those terms are defined in Section 54-2-1.
883          [(64)] (65) "State" includes any department, division, or agency of the state.
884          [(65)] (66) (a) "Subdivision" means any land that is divided, resubdivided, or proposed
885     to be divided into two or more lots or other division of land for the purpose, whether
886     immediate or future, for offer, sale, lease, or development either on the installment plan or
887     upon any and all other plans, terms, and conditions.
888          (b) "Subdivision" includes:
889          (i) the division or development of land, whether by deed, metes and bounds
890     description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
891     the division includes all or a portion of a parcel or lot; and
892          (ii) except as provided in Subsection (65)(c), divisions of land for residential and
893     nonresidential uses, including land used or to be used for commercial, agricultural, and

894     industrial purposes.
895          (c) "Subdivision" does not include:
896          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
897     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
898     neither the resulting combined parcel nor the parcel remaining from the division or partition
899     violates an applicable land use ordinance;
900          (ii) a boundary line agreement recorded with the county recorder's office between
901     owners of adjoining parcels adjusting the mutual boundary in accordance with Section
902     10-9a-524 if no new parcel is created;
903          (iii) a recorded document, executed by the owner of record:
904          (A) revising the legal descriptions of multiple parcels into one legal description
905     encompassing all such parcels; or
906          (B) joining a lot to a parcel;
907          (iv) a boundary line agreement between owners of adjoining subdivided properties
908     adjusting the mutual lot line boundary in accordance with Sections 10-9a-524 and 10-9a-608 if:
909          (A) no new dwelling lot or housing unit will result from the adjustment; and
910          (B) the adjustment will not violate any applicable land use ordinance;
911          (v) a bona fide division of land by deed or other instrument if the deed or other
912     instrument states in writing that the division:
913          (A) is in anticipation of future land use approvals on the parcel or parcels;
914          (B) does not confer any land use approvals; and
915          (C) has not been approved by the land use authority;
916          (vi) a parcel boundary adjustment;
917          (vii) a lot line adjustment;
918          (viii) a road, street, or highway dedication plat;
919          (ix) a deed or easement for a road, street, or highway purpose; or
920          (x) any other division of land authorized by law.
921          [(66)] (67) (a) "Subdivision amendment" means an amendment to a recorded
922     subdivision in accordance with Section 10-9a-608 that:
923          [(a)] (i) vacates all or a portion of the subdivision;
924          [(b)] (ii) alters the outside boundary of the subdivision;

925          [(c)] (iii) changes the number of lots within the subdivision;
926          [(d)] (iv) alters a public right-of-way, a public easement, or public infrastructure within
927     the subdivision; or
928          [(e)] (v) alters a common area or other common amenity within the subdivision.
929          (b) "Subdivision amendment" does not include a lot line adjustment, between a single
930     lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
931          [(67)] (68) "Substantial evidence" means evidence that:
932          (a) is beyond a scintilla; and
933          (b) a reasonable mind would accept as adequate to support a conclusion.
934          [(68)] (69) "Suspect soil" means soil that has:
935          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
936     3% swell potential;
937          (b) bedrock units with high shrink or swell susceptibility; or
938          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
939     commonly associated with dissolution and collapse features.
940          [(69)] (70) "Therapeutic school" means a residential group living facility:
941          (a) for four or more individuals who are not related to:
942          (i) the owner of the facility; or
943          (ii) the primary service provider of the facility;
944          (b) that serves students who have a history of failing to function:
945          (i) at home;
946          (ii) in a public school; or
947          (iii) in a nonresidential private school; and
948          (c) that offers:
949          (i) room and board; and
950          (ii) an academic education integrated with:
951          (A) specialized structure and supervision; or
952          (B) services or treatment related to a disability, an emotional development, a
953     behavioral development, a familial development, or a social development.
954          [(70)] (71) "Transferable development right" means a right to develop and use land that
955     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer

956     land use rights from a designated sending zone to a designated receiving zone.
957          [(71)] (72) "Unincorporated" means the area outside of the incorporated area of a city
958     or town.
959          [(72)] (73) "Water interest" means any right to the beneficial use of water, including:
960          (a) each of the rights listed in Section 73-1-11; and
961          (b) an ownership interest in the right to the beneficial use of water represented by:
962          (i) a contract; or
963          (ii) a share in a water company, as defined in Section 73-3-3.5.
964          [(73)] (74) "Zoning map" means a map, adopted as part of a land use ordinance, that
965     depicts land use zones, overlays, or districts.
966          Section 9. Section 10-9a-504 is amended to read:
967          10-9a-504. Temporary land use regulations.
968          (1) (a) [A] Except as provided in Subsection (2)(b), a municipal legislative body may,
969     without prior consideration of or recommendation from the planning commission, enact an
970     ordinance establishing a temporary land use regulation for any part or all of the area within the
971     municipality if:
972          (i) the legislative body makes a finding of compelling, countervailing public interest;
973     or
974          (ii) the area is unregulated.
975          (b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate
976     the erection, construction, reconstruction, or alteration of any building or structure or any
977     subdivision approval.
978          (c) A temporary land use regulation under Subsection (1)(a) may not impose an impact
979     fee or other financial requirement on building or development.
980          (2) (a) The municipal legislative body shall establish a period of limited effect for the
981     ordinance not to exceed [six months] 180 days.
982          (b) A municipal legislative body may not apply the provisions of a temporary land use
983     regulation to the review of a specific land use application if the land use application is impaired
984     or prohibited by proceedings initiated under Subsection 10-9a-509(1)(a)(ii)(B).
985          (3) (a) A municipal legislative body may, without prior planning commission
986     consideration or recommendation, enact an ordinance establishing a temporary land use

987     regulation prohibiting construction, subdivision approval, and other development activities
988     within an area that is the subject of an Environmental Impact Statement or a Major Investment
989     Study examining the area as a proposed highway or transportation corridor.
990          (b) A regulation under Subsection (3)(a):
991          (i) may not exceed [six months] 180 days in duration;
992          (ii) may be renewed, if requested by the Transportation Commission created under
993     Section 72-1-301, for up to two additional [six-month] 180-day periods by ordinance enacted
994     before the expiration of the previous regulation; and
995          (iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
996     Environmental Impact Statement or Major Investment Study is in progress.
997          Section 10. Section 10-9a-508 is amended to read:
998          10-9a-508. Exactions -- Exaction for water interest -- Requirement to offer to
999     original owner property acquired by exaction.
1000          (1) A municipality may impose an exaction or exactions on development proposed in a
1001     land use application, including, subject to Subsection (3), an exaction for a water interest, if:
1002          (a) an essential link exists between a legitimate governmental interest and each
1003     exaction; and
1004          (b) each exaction is roughly proportionate, both in nature and extent, to the impact of
1005     the proposed development.
1006          (2) If a land use authority imposes an exaction for another governmental entity:
1007          (a) the governmental entity shall request the exaction; and
1008          (b) the land use authority shall transfer the exaction to the governmental entity for
1009     which it was exacted.
1010          (3) (a) (i) A municipality shall base any exaction for a water interest on the culinary
1011     water authority's established calculations of projected water interest requirements.
1012          (ii) Upon an applicant's request, the culinary water authority shall provide the applicant
1013     with the basis for the culinary water authority's calculations under Subsection (3)(a)(i) on
1014     which an exaction for a water interest is based.
1015          (b) A municipality may not impose an exaction for a water interest if the culinary water
1016     authority's existing available water interests exceed the water interests needed to meet the
1017     reasonable future water requirement of the public, as determined under Subsection

1018     73-1-4(2)(f).
1019          (4) (a) If a municipality plans to dispose of surplus real property that was acquired
1020     under this section and has been owned by the municipality for less than 15 years, the
1021     municipality shall first offer to reconvey the property, without receiving additional
1022     consideration, to the person who granted the property to the municipality.
1023          (b) A person to whom a municipality offers to reconvey property under Subsection
1024     (4)(a) has 90 days to accept or reject the municipality's offer.
1025          (c) If a person to whom a municipality offers to reconvey property declines the offer,
1026     the municipality may offer the property for sale.
1027          (d) Subsection (4)(a) does not apply to the disposal of property acquired by exaction by
1028     a community reinvestment agency.
1029          (5) (a) A municipality may not, as part of an infrastructure improvement, require the
1030     installation of pavement on a residential roadway at a width in excess of 32 feet.
1031          (b) Subsection (5)(a) does not apply if a municipality requires the installation of
1032     pavement in excess of 32 feet:
1033          (i) in a vehicle turnaround area;
1034          (ii) in a cul-de-sac;
1035          (iii) to address specific traffic flow constraints at an intersection, mid-block crossings,
1036     or other areas;
1037          (iv) to address an applicable general or master plan improvement, including
1038     transportation, bicycle lanes, trails or other similar improvements that are not included within
1039     an impact fee area;
1040          (v) to address traffic flow constraints for service to or abutting higher density
1041     developments or uses that generate higher traffic volumes, including community centers,
1042     schools and other similar uses;
1043          (vi) as needed for the installation or location of a utility which is maintained by the
1044     municipality and is considered a transmission line or requires additional roadway width;
1045          (vii) for third-party utility lines that have an easement preventing the installation of
1046     utilities maintained by the municipality within the roadway;
1047          (viii) for utilities over 12 feet in depth;
1048          (ix) for roadways with a design speed that exceeds 25 miles per hour;

1049          (x) as needed for flood and stormwater routing;
1050          (xi) as needed to meet fire code requirements for parking and hydrants; or
1051          (xii) as needed to accommodate street parking.
1052          (c) Nothing in this section shall be construed to prevent a municipality from approving
1053     a road cross section with a pavement width less than 32 feet.
1054          (d) (i) A land use applicant may appeal a municipal requirement for pavement in
1055     excess of 32 feet on a residential roadway.
1056          (ii) A land use applicant that has appealed a municipal specification for a residential
1057     roadway pavement width in excess of 32 feet may request that the municipality assemble a
1058     panel of qualified experts to serve as the appeal authority for purposes of determining the
1059     technical aspects of the appeal.
1060          (iii) Unless otherwise agreed by the applicant and the municipality, the panel described
1061     in Subsection (5)(d)(ii) shall consist of the following three experts:
1062          (A) one licensed engineer, designated by the municipality;
1063          (B) one licensed engineer, designated by the land use applicant; and
1064          (C) one licensed engineer, agreed upon and designated by the two designated engineers
1065     under Subsections (5)(a)(d)(iii)(A) and (B).
1066          (iv) A member of the panel assembled by the municipality under Subsection (5)(d)(ii)
1067     may not have an interest in the application that is the subject of the appeal.
1068          (v) The land use applicant shall pay:
1069          (A) 50% of the cost of the panel; and
1070          (B) the municipality's published appeal fee.
1071          (vi) The decision of the panel is a final decision, subject to a petition for review under
1072     Subsection (5)(d)(vii).
1073          (vii) Pursuant to Section 10-9a-801, a land use applicant or the municipality may file a
1074     petition for review of the decision with the district court within 30 days after the date that the
1075     decision is final.
1076          Section 11. Section 10-9a-509 is amended to read:
1077          10-9a-509. Applicant's entitlement to land use application approval --
1078     Municipality's requirements and limitations -- Vesting upon submission of development
1079     plan and schedule.

1080          (1) (a) (i) An applicant who has submitted a complete land use application as described
1081     in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
1082     review of the application under the land use regulations:
1083          (A) in effect on the date that the application is complete; and
1084          (B) applicable to the application or to the information shown on the application.
1085          (ii) An applicant is entitled to approval of a land use application if the application
1086     conforms to the requirements of the applicable land use regulations, land use decisions, and
1087     development standards in effect when the applicant submits a complete application and pays
1088     application fees, unless:
1089          (A) the land use authority, on the record, formally finds that a compelling,
1090     countervailing public interest would be jeopardized by approving the application and specifies
1091     the compelling, countervailing public interest in writing; or
1092          (B) in the manner provided by local ordinance and before the applicant submits the
1093     application, the municipality formally initiates proceedings to amend the municipality's land
1094     use regulations in a manner that would prohibit approval of the application as submitted.
1095          (b) The municipality shall process an application without regard to proceedings the
1096     municipality initiated to amend the municipality's ordinances as described in Subsection
1097     (1)(a)(ii)(B) if:
1098          (i) 180 days have passed since the municipality initiated the proceedings; and
1099          (ii) (A) the proceedings have not resulted in an enactment that prohibits approval of the
1100     application as submitted[.]; or
1101          (B) during the 12 months prior to the municipality processing the application, or
1102     multiple applications of the same type, are impaired or prohibited under the terms of a
1103     temporary land use regulation adopted under Section 10-9a-504.
1104          (c) A land use application is considered submitted and complete when the applicant
1105     provides the application in a form that complies with the requirements of applicable ordinances
1106     and pays all applicable fees.
1107          (d) A subsequent incorporation of a municipality or a petition that proposes the
1108     incorporation of a municipality does not affect a land use application approved by a county in
1109     accordance with Section 17-27a-508.
1110          (e) The continuing validity of an approval of a land use application is conditioned upon

1111     the applicant proceeding after approval to implement the approval with reasonable diligence.
1112          (f) A municipality may not impose on an applicant who has submitted a complete
1113     application a requirement that is not expressed in:
1114          (i) this chapter;
1115          (ii) a municipal ordinance in effect on the date that the applicant submits a complete
1116     application, subject to Subsection 10-9a-509(1)(a)(ii); or
1117          (iii) a municipal specification for public improvements applicable to a subdivision or
1118     development that is in effect on the date that the applicant submits an application.
1119          (g) A municipality may not impose on a holder of an issued land use permit or a final,
1120     unexpired subdivision plat a requirement that is not expressed:
1121          (i) in a land use permit;
1122          (ii) on the subdivision plat;
1123          (iii) in a document on which the land use permit or subdivision plat is based;
1124          (iv) in the written record evidencing approval of the land use permit or subdivision
1125     plat;
1126          (v) in this chapter; [or]
1127          (vi) in a municipal ordinance; or
1128          (vii) in a municipal specification for residential roadways in effect at the time a
1129     residential subdivision was approved.
1130          (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
1131     of a certificate of occupancy or acceptance of subdivision improvements because of an
1132     applicant's failure to comply with a requirement that is not expressed:
1133          (i) in the building permit or subdivision plat, documents on which the building permit
1134     or subdivision plat is based, or the written record evidencing approval of the land use permit or
1135     subdivision plat; or
1136          (ii) in this chapter or the municipality's ordinances.
1137          (i) A municipality may not unreasonably withhold issuance of a certificate of
1138     occupancy where an applicant has met all requirements essential for the public health, public
1139     safety, and general welfare of the occupants, in accordance with this chapter, unless:
1140          (i) the applicant and the municipality have agreed in a written document to the
1141     withholding of a certificate of occupancy; or

1142          (ii) the applicant has not provided a financial assurance for required and uncompleted
1143     [landscaping] public landscaping improvements or infrastructure improvements in accordance
1144     with an applicable ordinance that the legislative body adopts under this chapter.
1145          (2) A municipality is bound by the terms and standards of applicable land use
1146     regulations and shall comply with mandatory provisions of those regulations.
1147          (3) A municipality may not, as a condition of land use application approval, require a
1148     person filing a land use application to obtain documentation regarding a school district's
1149     willingness, capacity, or ability to serve the development proposed in the land use application.
1150          (4) Upon a specified public agency's submission of a development plan and schedule as
1151     required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
1152     specified public agency vests in the municipality's applicable land use maps, zoning map,
1153     hookup fees, impact fees, other applicable development fees, and land use regulations in effect
1154     on the date of submission.
1155          (5) (a) If sponsors of a referendum timely challenge a project in accordance with
1156     Subsection 20A-7-601(6), the project's affected owner may rescind the project's land use
1157     approval by delivering a written notice:
1158          (i) to the local clerk as defined in Section 20A-7-101; and
1159          (ii) no later than seven days after the day on which a petition for a referendum is
1160     determined sufficient under Subsection 20A-7-607(5).
1161          (b) Upon delivery of a written notice described in Subsection (5)(a) the following are
1162     rescinded and are of no further force or effect:
1163          (i) the relevant land use approval; and
1164          (ii) any land use regulation enacted specifically in relation to the land use approval.
1165          Section 12. Section 10-9a-532 is amended to read:
1166          10-9a-532. Development agreements.
1167          (1) Subject to Subsection (2), a municipality may enter into a development agreement
1168     containing any term that the municipality considers necessary or appropriate to accomplish the
1169     purposes of this chapter.
1170          (2) (a) A development agreement may not:
1171          (i) limit a municipality's authority in the future to:
1172          (A) enact a land use regulation; or

1173          (B) take any action allowed under Section 10-8-84;
1174          (ii) require a municipality to change the zoning designation of an area of land within
1175     the municipality in the future; or
1176          [(iii) contain a term that conflicts with, or is different from, a standard set forth in an
1177     existing land use regulation that governs the area subject to the development agreement]
1178          (iii) allow a use or development of land that applicable land use regulations governing
1179     the area subject to the development agreement would otherwise prohibit, unless the legislative
1180     body approves the development agreement in accordance with the same procedures for
1181     enacting a land use regulation under Section 10-9a-502, including a review and
1182     recommendation from the planning commission and a public hearing.
1183          (b) A development agreement that requires the implementation of an existing land use
1184     regulation as an administrative act does not require a legislative body's approval under Section
1185     10-9a-502.
1186          [(c) A municipality may not require a development agreement as the only option for
1187     developing land within the municipality.]
1188          (c) (i) If a development agreement restricts an applicant's rights under clearly
1189     established state law, the municipality shall disclose in writing to the applicant the rights of the
1190     applicant the development agreement restricts.
1191          (ii) A municipality's failure to disclose in accordance with Subsection (2)(c)(i) voids
1192     any provision in the development agreement pertaining to the undisclosed rights.
1193          (d) A municipality may not require a development agreement as a condition for
1194     developing land if the municipality's land use regulations establish all applicable standards for
1195     development on the land.
1196          [(d)] (e) To the extent that a development agreement does not specifically address a
1197     matter or concern related to land use or development, the matter or concern is governed by:
1198          (i) this chapter; and
1199          (ii) any applicable land use regulations.
1200          Section 13. Section 10-9a-534 is amended to read:
1201          10-9a-534. Regulation of building design elements prohibited -- Exceptions.
1202          (1) As used in this section, "building design element" means:
1203          (a) exterior color;

1204          (b) type or style of exterior cladding material;
1205          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
1206          (d) exterior nonstructural architectural ornamentation;
1207          (e) location, design, placement, or architectural styling of a window or door;
1208          (f) location, design, placement, or architectural styling of a garage door, not including a
1209     rear-loading garage door;
1210          (g) number or type of rooms;
1211          (h) interior layout of a room;
1212          (i) minimum square footage over 1,000 square feet, not including a garage;
1213          (j) rear yard landscaping requirements;
1214          (k) minimum building dimensions; or
1215          (l) a requirement to install front yard fencing.
1216          (2) Except as provided in Subsection (3), a municipality may not impose a requirement
1217     for a building design element on a [one to two family dwelling] one- or two-family dwelling.
1218          (3) Subsection (2) does not apply to:
1219          (a) a dwelling located within an area designated as a historic district in:
1220          (i) the National Register of Historic Places;
1221          (ii) the state register as defined in Section 9-8-402; or
1222          (iii) a local historic district or area, or a site designated as a local landmark, created by
1223     ordinance before January 1, 2021, except as provided under Subsection (4)(b);
1224          (b) an ordinance enacted as a condition for participation in the National Flood
1225     Insurance Program administered by the Federal Emergency Management Agency;
1226          (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
1227     Interface Code adopted under Section 15A-2-103;
1228          (d) building design elements agreed to under a development agreement;
1229          (e) a dwelling located within an area that:
1230          (i) is zoned primarily for residential use; and
1231          (ii) was substantially developed before calendar year 1950;
1232          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
1233          (g) an ordinance enacted to regulate type of cladding, in response to findings or
1234     evidence from the construction industry of:

1235          (i) defects in the material of existing cladding; or
1236          (ii) consistent defects in the installation of existing cladding; or
1237          (h) a land use regulation, including a planned unit development or overlay zone, that a
1238     property owner requests:
1239          (i) the municipality to apply to the owner's property; and
1240          (ii) in exchange for an increase in density or other benefit not otherwise available as a
1241     permitted use in the zoning area or district.
1242          Section 14. Section 10-9a-604.5 is amended to read:
1243          10-9a-604.5. Subdivision plat recording or development activity before required
1244     landscaping or infrastructure is completed -- Improvement completion assurance --
1245     Improvement warranty.
1246          (1) As used in this section, "public landscaping improvement" means landscaping that
1247     an applicant is required to install to comply with published installation and inspection
1248     specifications for public improvements that:
1249          (a) will be dedicated to and maintained by the municipality; or
1250          (b) are associated with and proximate to trail improvements that connect to planned or
1251     existing public infrastructure.
1252          [(1)] (2) A land use authority shall establish objective inspection standards for
1253     acceptance of a [landscaping] public landscaping improvement or infrastructure improvement
1254     that the land use authority requires.
1255          [(2)] (3) (a) Before an applicant conducts any development activity or records a plat,
1256     the applicant shall:
1257          (i) complete any required [landscaping] public landscaping improvements or
1258     infrastructure improvements; or
1259          (ii) post an improvement completion assurance for any required [landscaping] public
1260     landscaping improvements or infrastructure improvements.
1261          (b) If an applicant elects to post an improvement completion assurance, the applicant
1262     shall provide completion assurance for:
1263          (i) completion of 100% of the required [landscaping] public landscaping improvements
1264     or infrastructure improvements; or
1265          (ii) if the municipality has inspected and accepted a portion of the [landscaping] public

1266     landscaping improvements or infrastructure improvements, 100% of the incomplete or
1267     unaccepted [landscaping] public landscaping improvements or infrastructure improvements.
1268          (c) A municipality shall:
1269          (i) establish a minimum of two acceptable forms of completion assurance;
1270          (ii) if an applicant elects to post an improvement completion assurance, allow the
1271     applicant to post an assurance that meets the conditions of this title, and any local ordinances;
1272          (iii) establish a system for the partial release of an improvement completion assurance
1273     as portions of required [landscaping] public landscaping improvements or infrastructure
1274     improvements are completed and accepted in accordance with local ordinance; and
1275          (iv) issue or deny a building permit in accordance with Section 10-9a-802 based on the
1276     installation of [landscaping] public landscaping improvements or infrastructure improvements.
1277          (d) A municipality may not require an applicant to post an improvement completion
1278     assurance for:
1279          (i) [landscaping] public landscaping improvements or an infrastructure improvement
1280     that the municipality has previously inspected and accepted;
1281          (ii) infrastructure improvements that are private and not essential or required to meet
1282     the building code, fire code, flood or storm water management provisions, street and access
1283     requirements, or other essential necessary public safety improvements adopted in a land use
1284     regulation; [or]
1285          (iii) in a municipality where ordinances require all infrastructure improvements within
1286     the area to be private, infrastructure improvements within a development that the municipality
1287     requires to be private[.]; or
1288          (iv) landscaping improvements that are not public landscaping improvements, as
1289     defined in Section 10-9a-103, unless the landscaping improvements and completion assurance
1290     are required under the terms of a development agreement.
1291          (4) (a) Except as provided in Subsection (4)(c), as a condition for increased density or
1292     other entitlement benefit not currently available under the existing zone, a municipality may
1293     require a completion assurance bond for landscaped amenities and common area that are
1294     dedicated to and maintained by a homeowners association.
1295          (b) Any agreement regarding a completion assurance bond under Subsection (4)(a)
1296     between the applicant and the municipality shall be memorialized in a development agreement.

1297          (c) A municipality may not require a completion assurance bond for the landscaping of
1298     residential lots or the equivalent open space surrounding single family attached homes, whether
1299     platted as lots or common area.
1300          (5) The sum of the improvement completion assurance required under Subsections (3)
1301     and (4) may not exceed the sum of:
1302          (a) 100% of the estimated cost of the public landscaping improvements or
1303     infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's
1304     bid; and
1305          (b) 10% of the amount of the bond to cover administrative costs incurred by the
1306     municipality to complete the improvements, if necessary.
1307          [(3)] (6) At any time before a municipality accepts a [landscaping] public landscaping
1308     improvement or infrastructure improvement, and for the duration of each improvement
1309     warranty period, the municipality may require the applicant to:
1310          (a) execute an improvement warranty for the improvement warranty period; and
1311          (b) post a cash deposit, surety bond, letter of credit, or other similar security, as
1312     required by the municipality, in the amount of up to 10% of the lesser of the:
1313          (i) municipal engineer's original estimated cost of completion; or
1314          (ii) applicant's reasonable proven cost of completion.
1315          [(4)] (7) When a municipality accepts an improvement completion assurance for
1316     [landscaping] public landscaping improvements or infrastructure improvements for a
1317     development in accordance with [Subsection (2)(c)(ii)] Subsection (3)(c)(ii), the municipality
1318     may not deny an applicant a building permit if the development meets the requirements for the
1319     issuance of a building permit under the building code and fire code.
1320          [(5)] (8) The provisions of this section do not supersede the terms of a valid
1321     development agreement, an adopted phasing plan, or the state construction code.
1322          Section 15. Section 17-27a-103 is amended to read:
1323          17-27a-103. Definitions.
1324          As used in this chapter:
1325          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
1326     detached from a primary single-family dwelling and contained on one lot.
1327          (2) "Adversely affected party" means a person other than a land use applicant who:

1328          (a) owns real property adjoining the property that is the subject of a land use
1329     application or land use decision; or
1330          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
1331     general community as a result of the land use decision.
1332          (3) "Affected entity" means a county, municipality, local district, special service
1333     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
1334     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
1335     property owner, property owner's association, public utility, or the Utah Department of
1336     Transportation, if:
1337          (a) the entity's services or facilities are likely to require expansion or significant
1338     modification because of an intended use of land;
1339          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
1340     or
1341          (c) the entity has filed with the county a request for notice during the same calendar
1342     year and before the county provides notice to an affected entity in compliance with a
1343     requirement imposed under this chapter.
1344          (4) "Affected owner" means the owner of real property that is:
1345          (a) a single project;
1346          (b) the subject of a land use approval that sponsors of a referendum timely challenged
1347     in accordance with Subsection 20A-7-601(6); and
1348          (c) determined to be legally referable under Section 20A-7-602.8.
1349          (5) "Appeal authority" means the person, board, commission, agency, or other body
1350     designated by ordinance to decide an appeal of a decision of a land use application or a
1351     variance.
1352          (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
1353     residential property if the sign is designed or intended to direct attention to a business, product,
1354     or service that is not sold, offered, or existing on the property where the sign is located.
1355          (7) (a) "Charter school" means:
1356          (i) an operating charter school;
1357          (ii) a charter school applicant that a charter school authorizer approves in accordance
1358     with Title 53G, Chapter 5, Part 3, Charter School Authorization; or

1359          (iii) an entity that is working on behalf of a charter school or approved charter
1360     applicant to develop or construct a charter school building.
1361          (b) "Charter school" does not include a therapeutic school.
1362          (8) "Chief executive officer" means the person or body that exercises the executive
1363     powers of the county.
1364          (9) "Conditional use" means a land use that, because of the unique characteristics or
1365     potential impact of the land use on the county, surrounding neighbors, or adjacent land uses,
1366     may not be compatible in some areas or may be compatible only if certain conditions are
1367     required that mitigate or eliminate the detrimental impacts.
1368          (10) "Constitutional taking" means a governmental action that results in a taking of
1369     private property so that compensation to the owner of the property is required by the:
1370          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1371          (b) Utah Constitution, Article I, Section 22.
1372          (11) "County utility easement" means an easement that:
1373          (a) a plat recorded in a county recorder's office described as a county utility easement
1374     or otherwise as a utility easement;
1375          (b) is not a protected utility easement or a public utility easement as defined in Section
1376     54-3-27;
1377          (c) the county or the county's affiliated governmental entity owns or creates; and
1378          (d) (i) either:
1379          (A) no person uses or occupies; or
1380          (B) the county or the county's affiliated governmental entity uses and occupies to
1381     provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
1382     communications or data lines; or
1383          (ii) a person uses or occupies with or without an authorized franchise or other
1384     agreement with the county.
1385          (12) "Culinary water authority" means the department, agency, or public entity with
1386     responsibility to review and approve the feasibility of the culinary water system and sources for
1387     the subject property.
1388          (13) "Development activity" means:
1389          (a) any construction or expansion of a building, structure, or use that creates additional

1390     demand and need for public facilities;
1391          (b) any change in use of a building or structure that creates additional demand and need
1392     for public facilities; or
1393          (c) any change in the use of land that creates additional demand and need for public
1394     facilities.
1395          (14) (a) "Development agreement" means a written agreement or amendment to a
1396     written agreement between a county and one or more parties that regulates or controls the use
1397     or development of a specific area of land.
1398          (b) "Development agreement" does not include an improvement completion assurance.
1399          (15) (a) "Disability" means a physical or mental impairment that substantially limits
1400     one or more of a person's major life activities, including a person having a record of such an
1401     impairment or being regarded as having such an impairment.
1402          (b) "Disability" does not include current illegal use of, or addiction to, any federally
1403     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1404     Sec. 802.
1405          (16) "Educational facility":
1406          (a) means:
1407          (i) a school district's building at which pupils assemble to receive instruction in a
1408     program for any combination of grades from preschool through grade 12, including
1409     kindergarten and a program for children with disabilities;
1410          (ii) a structure or facility:
1411          (A) located on the same property as a building described in Subsection (16)(a)(i); and
1412          (B) used in support of the use of that building; and
1413          (iii) a building to provide office and related space to a school district's administrative
1414     personnel; and
1415          (b) does not include:
1416          (i) land or a structure, including land or a structure for inventory storage, equipment
1417     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
1418          (A) not located on the same property as a building described in Subsection (16)(a)(i);
1419     and
1420          (B) used in support of the purposes of a building described in Subsection (16)(a)(i); or

1421          (ii) a therapeutic school.
1422          (17) "Fire authority" means the department, agency, or public entity with responsibility
1423     to review and approve the feasibility of fire protection and suppression services for the subject
1424     property.
1425          (18) "Flood plain" means land that:
1426          (a) is within the 100-year flood plain designated by the Federal Emergency
1427     Management Agency; or
1428          (b) has not been studied or designated by the Federal Emergency Management Agency
1429     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
1430     the land has characteristics that are similar to those of a 100-year flood plain designated by the
1431     Federal Emergency Management Agency.
1432          (19) "Gas corporation" has the same meaning as defined in Section 54-2-1.
1433          (20) "General plan" means a document that a county adopts that sets forth general
1434     guidelines for proposed future development of:
1435          (a) the unincorporated land within the county; or
1436          (b) for a mountainous planning district, the land within the mountainous planning
1437     district.
1438          (21) "Geologic hazard" means:
1439          (a) a surface fault rupture;
1440          (b) shallow groundwater;
1441          (c) liquefaction;
1442          (d) a landslide;
1443          (e) a debris flow;
1444          (f) unstable soil;
1445          (g) a rock fall; or
1446          (h) any other geologic condition that presents a risk:
1447          (i) to life;
1448          (ii) of substantial loss of real property; or
1449          (iii) of substantial damage to real property.
1450          (22) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
1451     meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility

1452     system.
1453          (23) "Identical plans" means building plans submitted to a county that:
1454          (a) are clearly marked as "identical plans";
1455          (b) are substantially identical building plans that were previously submitted to and
1456     reviewed and approved by the county; and
1457          (c) describe a building that:
1458          (i) is located on land zoned the same as the land on which the building described in the
1459     previously approved plans is located;
1460          (ii) is subject to the same geological and meteorological conditions and the same law
1461     as the building described in the previously approved plans;
1462          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
1463     and approved by the county; and
1464          (iv) does not require any additional engineering or analysis.
1465          (24) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
1466     Impact Fees Act.
1467          (25) "Improvement completion assurance" means a surety bond, letter of credit,
1468     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
1469     by a county to guaranty the proper completion of landscaping or an infrastructure improvement
1470     required as a condition precedent to:
1471          (a) recording a subdivision plat; or
1472          (b) development of a commercial, industrial, mixed use, or multifamily project.
1473          (26) "Improvement warranty" means an applicant's unconditional warranty that the
1474     applicant's installed and accepted landscaping or infrastructure improvement:
1475          (a) complies with the county's written standards for design, materials, and
1476     workmanship; and
1477          (b) will not fail in any material respect, as a result of poor workmanship or materials,
1478     within the improvement warranty period.
1479          (27) "Improvement warranty period" means a period:
1480          (a) no later than one year after a county's acceptance of required landscaping; or
1481          (b) no later than one year after a county's acceptance of required infrastructure, unless
1482     the county:

1483          (i) determines for good cause that a one-year period would be inadequate to protect the
1484     public health, safety, and welfare; and
1485          (ii) has substantial evidence, on record:
1486          (A) of prior poor performance by the applicant; or
1487          (B) that the area upon which the infrastructure will be constructed contains suspect soil
1488     and the county has not otherwise required the applicant to mitigate the suspect soil.
1489          (28) "Infrastructure improvement" means permanent infrastructure that is essential for
1490     the public health and safety or that:
1491          (a) is required for human consumption; and
1492          (b) an applicant must install:
1493          (i) in accordance with published installation and inspection specifications for public
1494     improvements; and
1495          (ii) as a condition of:
1496          (A) recording a subdivision plat;
1497          (B) obtaining a building permit; or
1498          (C) developing a commercial, industrial, mixed use, condominium, or multifamily
1499     project.
1500          (29) "Internal lot restriction" means a platted note, platted demarcation, or platted
1501     designation that:
1502          (a) runs with the land; and
1503          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
1504     the plat; or
1505          (ii) designates a development condition that is enclosed within the perimeter of a lot
1506     described on the plat.
1507          (30) "Interstate pipeline company" means a person or entity engaged in natural gas
1508     transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
1509     the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1510          (31) "Intrastate pipeline company" means a person or entity engaged in natural gas
1511     transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1512     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1513          (32) "Land use applicant" means a property owner, or the property owner's designee,

1514     who submits a land use application regarding the property owner's land.
1515          (33) "Land use application":
1516          (a) means an application that is:
1517          (i) required by a county; and
1518          (ii) submitted by a land use applicant to obtain a land use decision; and
1519          (b) does not mean an application to enact, amend, or repeal a land use regulation.
1520          (34) "Land use authority" means:
1521          (a) a person, board, commission, agency, or body, including the local legislative body,
1522     designated by the local legislative body to act upon a land use application; or
1523          (b) if the local legislative body has not designated a person, board, commission,
1524     agency, or body, the local legislative body.
1525          (35) "Land use decision" means an administrative decision of a land use authority or
1526     appeal authority regarding:
1527          (a) a land use permit;
1528          (b) a land use application; or
1529          (c) the enforcement of a land use regulation, land use permit, or development
1530     agreement.
1531          (36) "Land use permit" means a permit issued by a land use authority.
1532          (37) "Land use regulation":
1533          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
1534     specification, fee, or rule that governs the use or development of land;
1535          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
1536     and
1537          (c) does not include:
1538          (i) a land use decision of the legislative body acting as the land use authority, even if
1539     the decision is expressed in a resolution or ordinance; or
1540          (ii) a temporary revision to an engineering specification that does not materially:
1541          (A) increase a land use applicant's cost of development compared to the existing
1542     specification; or
1543          (B) impact a land use applicant's use of land.
1544          (38) "Legislative body" means the county legislative body, or for a county that has

1545     adopted an alternative form of government, the body exercising legislative powers.
1546          (39) "Local district" means any entity under Title 17B, Limited Purpose Local
1547     Government Entities - Local Districts, and any other governmental or quasi-governmental
1548     entity that is not a county, municipality, school district, or the state.
1549          (40) "Lot" means a tract of land, regardless of any label, that is created by and shown
1550     on a subdivision plat that has been recorded in the office of the county recorder.
1551          (41) (a) "Lot line adjustment" means a relocation of a lot line boundary between
1552     adjoining lots or between a lot and adjoining parcels in accordance with Section 17-27a-608:
1553          (i) whether or not the lots are located in the same subdivision; and
1554          (ii) with the consent of the owners of record.
1555          (b) "Lot line adjustment" does not mean a new boundary line that:
1556          (i) creates an additional lot; or
1557          (ii) constitutes a subdivision or a subdivision amendment.
1558          (c) "Lot line adjustment" does not include a boundary line adjustment made by the
1559     Department of Transportation.
1560          (42) "Major transit investment corridor" means public transit service that uses or
1561     occupies:
1562          (a) public transit rail right-of-way;
1563          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
1564     or
1565          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
1566     municipality or county and:
1567          (i) a public transit district as defined in Section 17B-2a-802; or
1568          (ii) an eligible political subdivision as defined in Section 59-12-2219.
1569          (43) "Moderate income housing" means housing occupied or reserved for occupancy
1570     by households with a gross household income equal to or less than 80% of the median gross
1571     income for households of the same size in the county in which the housing is located.
1572          (44) "Mountainous planning district" means an area designated by a county legislative
1573     body in accordance with Section 17-27a-901.
1574          (45) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
1575     and expenses incurred in:

1576          (a) verifying that building plans are identical plans; and
1577          (b) reviewing and approving those minor aspects of identical plans that differ from the
1578     previously reviewed and approved building plans.
1579          (46) "Noncomplying structure" means a structure that:
1580          (a) legally existed before the structure's current land use designation; and
1581          (b) because of one or more subsequent land use ordinance changes, does not conform
1582     to the setback, height restrictions, or other regulations, excluding those regulations that govern
1583     the use of land.
1584          (47) "Nonconforming use" means a use of land that:
1585          (a) legally existed before the current land use designation;
1586          (b) has been maintained continuously since the time the land use ordinance regulation
1587     governing the land changed; and
1588          (c) because of one or more subsequent land use ordinance changes, does not conform
1589     to the regulations that now govern the use of the land.
1590          (48) "Official map" means a map drawn by county authorities and recorded in the
1591     county recorder's office that:
1592          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1593     highways and other transportation facilities;
1594          (b) provides a basis for restricting development in designated rights-of-way or between
1595     designated setbacks to allow the government authorities time to purchase or otherwise reserve
1596     the land; and
1597          (c) has been adopted as an element of the county's general plan.
1598          (49) "Parcel" means any real property that is not a lot.
1599          (50) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
1600     adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
1601     agreement in accordance with Section 17-27a-523, if no additional parcel is created and:
1602          (i) none of the property identified in the agreement is a lot; or
1603          (ii) the adjustment is to the boundaries of a single person's parcels.
1604          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
1605     line that:
1606          (i) creates an additional parcel; or

1607          (ii) constitutes a subdivision.
1608          (c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
1609     the Department of Transportation.
1610          (51) "Person" means an individual, corporation, partnership, organization, association,
1611     trust, governmental agency, or any other legal entity.
1612          (52) "Plan for moderate income housing" means a written document adopted by a
1613     county legislative body that includes:
1614          (a) an estimate of the existing supply of moderate income housing located within the
1615     county;
1616          (b) an estimate of the need for moderate income housing in the county for the next five
1617     years;
1618          (c) a survey of total residential land use;
1619          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1620     income housing; and
1621          (e) a description of the county's program to encourage an adequate supply of moderate
1622     income housing.
1623          (53) "Planning advisory area" means a contiguous, geographically defined portion of
1624     the unincorporated area of a county established under this part with planning and zoning
1625     functions as exercised through the planning advisory area planning commission, as provided in
1626     this chapter, but with no legal or political identity separate from the county and no taxing
1627     authority.
1628          (54) "Plat" means an instrument subdividing property into lots as depicted on a map or
1629     other graphical representation of lands that a licensed professional land surveyor makes and
1630     prepares in accordance with Section 17-27a-603 or 57-8-13.
1631          (55) "Potential geologic hazard area" means an area that:
1632          (a) is designated by a Utah Geological Survey map, county geologist map, or other
1633     relevant map or report as needing further study to determine the area's potential for geologic
1634     hazard; or
1635          (b) has not been studied by the Utah Geological Survey or a county geologist but
1636     presents the potential of geologic hazard because the area has characteristics similar to those of
1637     a designated geologic hazard area.

1638          (56) "Public agency" means:
1639          (a) the federal government;
1640          (b) the state;
1641          (c) a county, municipality, school district, local district, special service district, or other
1642     political subdivision of the state; or
1643          (d) a charter school.
1644          (57) "Public hearing" means a hearing at which members of the public are provided a
1645     reasonable opportunity to comment on the subject of the hearing.
1646          (58) "Public meeting" means a meeting that is required to be open to the public under
1647     Title 52, Chapter 4, Open and Public Meetings Act.
1648          (59) "Public street" means a public right-of-way, including a public highway, public
1649     avenue, public boulevard, public parkway, public road, public lane, public alley, public
1650     viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
1651     easement, or other public way.
1652          (60) "Receiving zone" means an unincorporated area of a county that the county
1653     designates, by ordinance, as an area in which an owner of land may receive a transferable
1654     development right.
1655          (61) "Record of survey map" means a map of a survey of land prepared in accordance
1656     with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1657          (62) "Residential facility for persons with a disability" means a residence:
1658          (a) in which more than one person with a disability resides; and
1659          (b) (i) which is licensed or certified by the Department of Human Services under Title
1660     62A, Chapter 2, Licensure of Programs and Facilities; or
1661          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
1662     21, Health Care Facility Licensing and Inspection Act.
1663          (63) "Residential roadway" means a public local residential road that:
1664          (a) will serve primarily to provide access to adjacent primarily residential areas and
1665     property;
1666          (b) is designed to accommodate minimal traffic volumes or vehicular traffic;
1667          (c) is not identified as a supplementary to a collector or other higher system classified
1668     street in an approved municipal street or transportation master plan;

1669          (d) has a posted speed limit of 25 miles per hour or less;
1670          (e) does not have higher traffic volumes resulting from connecting previously separated
1671     areas of the municipal road network;
1672          (f) cannot have a primary access, but can have a secondary access, and does not abut
1673     lots intended for high volume traffic or community centers, including schools, recreation
1674     centers, sports complexes, or libraries; and
1675          (g) is primarily serves traffic within a neighborhood or limited residential area and
1675a     Ŝ→ [
is] ←Ŝ
1676     not necessarily continuous through several residential areas.
1677          [(63)] (64) "Rules of order and procedure" means a set of rules that govern and
1678     prescribe in a public meeting:
1679          (a) parliamentary order and procedure;
1680          (b) ethical behavior; and
1681          (c) civil discourse.
1682          [(64)] (65) "Sanitary sewer authority" means the department, agency, or public entity
1683     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1684     wastewater systems.
1685          [(65)] (66) "Sending zone" means an unincorporated area of a county that the county
1686     designates, by ordinance, as an area from which an owner of land may transfer a transferable
1687     development right.
1688          [(66)] (67) "Site plan" means a document or map that may be required by a county
1689     during a preliminary review preceding the issuance of a building permit to demonstrate that an
1690     owner's or developer's proposed development activity meets a land use requirement.
1691          [(67)] (68) "Specified public agency" means:
1692          (a) the state;
1693          (b) a school district; or
1694          (c) a charter school.
1695          [(68)] (69) "Specified public utility" means an electrical corporation, gas corporation,
1696     or telephone corporation, as those terms are defined in Section 54-2-1.
1697          [(69)] (70) "State" includes any department, division, or agency of the state.
1698          [(70)] (71) (a) "Subdivision" means any land that is divided, resubdivided, or proposed
1699     to be divided into two or more lots or other division of land for the purpose, whether

1700     immediate or future, for offer, sale, lease, or development either on the installment plan or
1701     upon any and all other plans, terms, and conditions.
1702          (b) "Subdivision" includes:
1703          (i) the division or development of land, whether by deed, metes and bounds
1704     description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
1705     the division includes all or a portion of a parcel or lot; and
1706          (ii) except as provided in Subsection (70)(c), divisions of land for residential and
1707     nonresidential uses, including land used or to be used for commercial, agricultural, and
1708     industrial purposes.
1709          (c) "Subdivision" does not include:
1710          (i) a bona fide division or partition of agricultural land for agricultural purposes;
1711          (ii) a boundary line agreement recorded with the county recorder's office between
1712     owners of adjoining parcels adjusting the mutual boundary in accordance with Section
1713     17-27a-523 if no new lot is created;
1714          (iii) a recorded document, executed by the owner of record:
1715          (A) revising the legal descriptions of multiple parcels into one legal description
1716     encompassing all such parcels; or
1717          (B) joining a lot to a parcel;
1718          (iv) a bona fide division or partition of land in a county other than a first class county
1719     for the purpose of siting, on one or more of the resulting separate parcels:
1720          (A) an electrical transmission line or a substation;
1721          (B) a natural gas pipeline or a regulation station; or
1722          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1723     utility service regeneration, transformation, retransmission, or amplification facility;
1724          (v) a boundary line agreement between owners of adjoining subdivided properties
1725     adjusting the mutual lot line boundary in accordance with Sections 17-27a-523 and 17-27a-608
1726     if:
1727          (A) no new dwelling lot or housing unit will result from the adjustment; and
1728          (B) the adjustment will not violate any applicable land use ordinance;
1729          (vi) a bona fide division of land by deed or other instrument if the deed or other
1730     instrument states in writing that the division:

1731          (A) is in anticipation of future land use approvals on the parcel or parcels;
1732          (B) does not confer any land use approvals; and
1733          (C) has not been approved by the land use authority;
1734          (vii) a parcel boundary adjustment;
1735          (viii) a lot line adjustment;
1736          (ix) a road, street, or highway dedication plat;
1737          (x) a deed or easement for a road, street, or highway purpose; or
1738          (xi) any other division of land authorized by law.
1739          [(71)] (72) (a) "Subdivision amendment" means an amendment to a recorded
1740     subdivision in accordance with Section 17-27a-608 that:
1741          [(a)] (i) vacates all or a portion of the subdivision;
1742          [(b)] (ii) alters the outside boundary of the subdivision;
1743          [(c)] (iii) changes the number of lots within the subdivision;
1744          [(d)] (iv) alters a public right-of-way, a public easement, or public infrastructure within
1745     the subdivision; or
1746          [(e)] (v) alters a common area or other common amenity within the subdivision.
1747          (b) "Subdivision amendment" does not include a lot line adjustment, between a single
1748     lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
1749          [(72)] (73) "Substantial evidence" means evidence that:
1750          (a) is beyond a scintilla; and
1751          (b) a reasonable mind would accept as adequate to support a conclusion.
1752          [(73)] (74) "Suspect soil" means soil that has:
1753          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1754     3% swell potential;
1755          (b) bedrock units with high shrink or swell susceptibility; or
1756          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1757     commonly associated with dissolution and collapse features.
1758          [(74)] (75) "Therapeutic school" means a residential group living facility:
1759          (a) for four or more individuals who are not related to:
1760          (i) the owner of the facility; or
1761          (ii) the primary service provider of the facility;

1762          (b) that serves students who have a history of failing to function:
1763          (i) at home;
1764          (ii) in a public school; or
1765          (iii) in a nonresidential private school; and
1766          (c) that offers:
1767          (i) room and board; and
1768          (ii) an academic education integrated with:
1769          (A) specialized structure and supervision; or
1770          (B) services or treatment related to a disability, an emotional development, a
1771     behavioral development, a familial development, or a social development.
1772          [(75)] (76) "Transferable development right" means a right to develop and use land that
1773     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1774     land use rights from a designated sending zone to a designated receiving zone.
1775          [(76)] (77) "Unincorporated" means the area outside of the incorporated area of a
1776     municipality.
1777          [(77)] (78) "Water interest" means any right to the beneficial use of water, including:
1778          (a) each of the rights listed in Section 73-1-11; and
1779          (b) an ownership interest in the right to the beneficial use of water represented by:
1780          (i) a contract; or
1781          (ii) a share in a water company, as defined in Section 73-3-3.5.
1782          [(78)] (79) "Zoning map" means a map, adopted as part of a land use ordinance, that
1783     depicts land use zones, overlays, or districts.
1784          Section 16. Section 17-27a-504 is amended to read:
1785          17-27a-504. Temporary land use regulations.
1786          (1) (a) [A] Except as provided in Subsection 2(b), a county legislative body may,
1787     without prior consideration of or recommendation from the planning commission, enact an
1788     ordinance establishing a temporary land use regulation for any part or all of the area within the
1789     county if:
1790          (i) the legislative body makes a finding of compelling, countervailing public interest;
1791     or
1792          (ii) the area is unregulated.

1793          (b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate
1794     the erection, construction, reconstruction, or alteration of any building or structure or any
1795     subdivision approval.
1796          (c) A temporary land use regulation under Subsection (1)(a) may not impose an impact
1797     fee or other financial requirement on building or development.
1798          (2) (a) The legislative body shall establish a period of limited effect for the ordinance
1799     not to exceed [six months] 180 days.
1800          (b) A county legislative body may not apply the provisions of a temporary land use
1801     regulation to the review of a specific land use application if the land use application is impaired
1802     or prohibited by proceedings initiated under Subsection 17-27a-508(1)(a)(ii)(B).
1803          (3) (a) A legislative body may, without prior planning commission consideration or
1804     recommendation, enact an ordinance establishing a temporary land use regulation prohibiting
1805     construction, subdivision approval, and other development activities within an area that is the
1806     subject of an Environmental Impact Statement or a Major Investment Study examining the area
1807     as a proposed highway or transportation corridor.
1808          (b) A regulation under Subsection (3)(a):
1809          (i) may not exceed [six months] 180 days in duration;
1810          (ii) may be renewed, if requested by the Transportation Commission created under
1811     Section 72-1-301, for up to two additional [six-month] 180-day periods by ordinance enacted
1812     before the expiration of the previous regulation; and
1813          (iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
1814     Environmental Impact Statement or Major Investment Study is in progress.
1815          Section 17. Section 17-27a-507 is amended to read:
1816          17-27a-507. Exactions -- Exaction for water interest -- Requirement to offer to
1817     original owner property acquired by exaction.
1818          (1) A county may impose an exaction or exactions on development proposed in a land
1819     use application, including, subject to Subsection (3), an exaction for a water interest, if:
1820          (a) an essential link exists between a legitimate governmental interest and each
1821     exaction; and
1822          (b) each exaction is roughly proportionate, both in nature and extent, to the impact of
1823     the proposed development.

1824          (2) If a land use authority imposes an exaction for another governmental entity:
1825          (a) the governmental entity shall request the exaction; and
1826          (b) the land use authority shall transfer the exaction to the governmental entity for
1827     which it was exacted.
1828          (3) (a) (i) A county or, if applicable, the county's culinary water authority shall base any
1829     exaction for a water interest on the culinary water authority's established calculations of
1830     projected water interest requirements.
1831          (ii) Upon an applicant's request, the culinary water authority shall provide the applicant
1832     with the basis for the culinary water authority's calculations under Subsection (3)(a)(i) on
1833     which an exaction for a water interest is based.
1834          (b) A county or its culinary water authority may not impose an exaction for a water
1835     interest if the culinary water authority's existing available water interests exceed the water
1836     interests needed to meet the reasonable future water requirement of the public, as determined
1837     under Subsection 73-1-4(2)(f).
1838          (4) (a) If a county plans to dispose of surplus real property under Section 17-50-312
1839     that was acquired under this section and has been owned by the county for less than 15 years,
1840     the county shall first offer to reconvey the property, without receiving additional consideration,
1841     to the person who granted the property to the county.
1842          (b) A person to whom a county offers to reconvey property under Subsection (4)(a) has
1843     90 days to accept or reject the county's offer.
1844          (c) If a person to whom a county offers to reconvey property declines the offer, the
1845     county may offer the property for sale.
1846          (d) Subsection (4)(a) does not apply to the disposal of property acquired by exaction by
1847     a community development or urban renewal agency.
1848          (5) (a) A county may not, as part of an infrastructure improvement, require the
1849     installation of pavement on a residential roadway at a width in excess of 32 feet.
1850          (b) Subsection (5)(a) does not apply if a county requires the installation of pavement in
1851     excess of 32 feet:
1852          (i) in a vehicle turnaround area;
1853          (ii) in a cul-de-sac;
1854          (iii) to address specific traffic flow constraints at an intersection, mid-block crossings,

1855     or other areas;
1856          (iv) to address an applicable general or master plan improvement, including
1857     transportation, bicycle lanes, trails or other similar improvements that are not included within
1858     an impact fee area;
1859          (v) to address traffic flow constraints for service to or abutting higher density
1860     developments or uses that generate higher traffic volumes, including community centers,
1861     schools and other similar uses;
1862          (vi) as needed for the installation or location of a utility which is maintained by the
1863     county and is considered a transmission line or requires additional roadway width;
1864          (vii) for third-party utility lines that have an easement preventing the installation of
1865     utilities maintained by the county within the roadway;
1866          (viii) for utilities over 12 feet in depth;
1867          (ix) for roadways with a design speed that exceeds 25 miles per hour;
1868          (x) as needed for flood and stormwater routing;
1869          (xi) as needed to meet fire code requirements for parking and hydrants; or
1870          (xii) as needed to accommodate street parking.
1871          (c) Nothing in this section shall be construed to prevent a county from approving a
1872     road cross section with a pavement width less than 32 feet.
1873          (d) (i) A land use applicant may appeal a municipal requirement for pavement in
1874     excess of 32 feet on a residential roadway.
1875          (ii) A land use applicant that has appealed a municipal specification for a residential
1876     roadway pavement width in excess of 32 feet may request that the county assemble a panel of
1877     qualified experts to serve as the appeal authority for purposes of determining the technical
1878     aspects of the appeal.
1879          (iii) Unless otherwise agreed by the applicant and the county, the panel described in
1880     Subsection (5)(d)(ii) shall consist of the following three experts:
1881          (A) one licensed engineer, designated by the county;
1882          (B) one licensed engineer, designated by the land use applicant; and
1883          (C) one licensed engineer, agreed upon and designated by the two designated engineers
1884     under Subsections (5)(a)(d)(iii)(A) and (B).
1885          (iv) A member of the panel assembled by the county under Subsection (5)(d)(ii) may

1886     not have an interest in the application that is the subject of the appeal.
1887          (v) The land use applicant shall pay:
1888          (A) 50% of the cost of the panel; and
1889          (B) the county's published appeal fee.
1890          (vi) The decision of the panel is a final decision, subject to a petition for review under
1891     Subsection (5)(d)(vii).
1892          (vii) Pursuant to Section 17-27a-801, a land use applicant or the county may file a
1893     petition for review of the decision with the district court within 30 days after the date that the
1894     decision is final.
1895          Section 18. Section 17-27a-508 is amended to read:
1896          17-27a-508. Applicant's entitlement to land use application approval --
1897     Application relating to land in a high priority transportation corridor -- County's
1898     requirements and limitations -- Vesting upon submission of development plan and
1899     schedule.
1900          (1) (a) (i) An applicant who has submitted a complete land use application, including
1901     the payment of all application fees, is entitled to substantive review of the application under the
1902     land use regulations:
1903          (A) in effect on the date that the application is complete; and
1904          (B) applicable to the application or to the information shown on the submitted
1905     application.
1906          (ii) An applicant is entitled to approval of a land use application if the application
1907     conforms to the requirements of the applicable land use regulations, land use decisions, and
1908     development standards in effect when the applicant submits a complete application and pays all
1909     application fees, unless:
1910          (A) the land use authority, on the record, formally finds that a compelling,
1911     countervailing public interest would be jeopardized by approving the application and specifies
1912     the compelling, countervailing public interest in writing; or
1913          (B) in the manner provided by local ordinance and before the applicant submits the
1914     application, the county formally initiates proceedings to amend the county's land use
1915     regulations in a manner that would prohibit approval of the application as submitted.
1916          (b) The county shall process an application without regard to proceedings the county

1917     initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
1918          (i) 180 days have passed since the county initiated the proceedings; and
1919          (ii) (A) the proceedings have not resulted in an enactment that prohibits approval of the
1920     application as submitted[.]; or
1921          (B) during the 12 months prior to the county processing the application or multiple
1922     applications of the same type, the application is impaired or prohibited under the terms of a
1923     temporary land use regulation adopted under Section 17-27a-504.
1924          (c) A land use application is considered submitted and complete when the applicant
1925     provides the application in a form that complies with the requirements of applicable ordinances
1926     and pays all applicable fees.
1927          (d) The continuing validity of an approval of a land use application is conditioned upon
1928     the applicant proceeding after approval to implement the approval with reasonable diligence.
1929          (e) A county may not impose on an applicant who has submitted a complete
1930     application a requirement that is not expressed in:
1931          (i) [in] this chapter;
1932          (ii) [in] a county ordinance in effect on the date that the applicant submits a complete
1933     application, subject to Subsection 17-27a-508(1)(a)(ii); or
1934          (iii) [in] a county specification for public improvements applicable to a subdivision or
1935     development that is in effect on the date that the applicant submits an application.
1936          (f) A county may not impose on a holder of an issued land use permit or a final,
1937     unexpired subdivision plat a requirement that is not expressed:
1938          (i) in a land use permit;
1939          (ii) on the subdivision plat;
1940          (iii) in a document on which the land use permit or subdivision plat is based;
1941          (iv) in the written record evidencing approval of the land use permit or subdivision
1942     plat;
1943          (v) in this chapter; [or]
1944          (vi) in a county ordinance; or
1945          (vii) in a county specification for residential roadways in effect at the time a residential
1946     subdivision was approved.
1947          (g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a

1948     certificate of occupancy or acceptance of subdivision improvements because of an applicant's
1949     failure to comply with a requirement that is not expressed:
1950          (i) in the building permit or subdivision plat, documents on which the building permit
1951     or subdivision plat is based, or the written record evidencing approval of the building permit or
1952     subdivision plat; or
1953          (ii) in this chapter or the county's ordinances.
1954          (h) A county may not unreasonably withhold issuance of a certificate of occupancy
1955     where an applicant has met all requirements essential for the public health, public safety, and
1956     general welfare of the occupants, in accordance with this chapter, unless:
1957          (i) the applicant and the county have agreed in a written document to the withholding
1958     of a certificate of occupancy; or
1959          (ii) the applicant has not provided a financial assurance for required and uncompleted
1960     [landscaping] public landscaping improvements or infrastructure improvements in accordance
1961     with an applicable ordinance that the legislative body adopts under this chapter.
1962          (2) A county is bound by the terms and standards of applicable land use regulations and
1963     shall comply with mandatory provisions of those regulations.
1964          (3) A county may not, as a condition of land use application approval, require a person
1965     filing a land use application to obtain documentation regarding a school district's willingness,
1966     capacity, or ability to serve the development proposed in the land use application.
1967          (4) Upon a specified public agency's submission of a development plan and schedule as
1968     required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,
1969     the specified public agency vests in the county's applicable land use maps, zoning map, hookup
1970     fees, impact fees, other applicable development fees, and land use regulations in effect on the
1971     date of submission.
1972          (5) (a) If sponsors of a referendum timely challenge a project in accordance with
1973     Subsection 20A-7-601(6), the project's affected owner may rescind the project's land use
1974     approval by delivering a written notice:
1975          (i) to the local clerk as defined in Section 20A-7-101; and
1976          (ii) no later than seven days after the day on which a petition for a referendum is
1977     determined sufficient under Subsection 20A-7-607(5).
1978          (b) Upon delivery of a written notice described in Subsection(5)(a) the following are

1979     rescinded and are of no further force or effect:
1980          (i) the relevant land use approval; and
1981          (ii) any land use regulation enacted specifically in relation to the land use approval.
1982          Section 19. Section 17-27a-528 is amended to read:
1983          17-27a-528. Development agreements.
1984          (1) Subject to Subsection (2), a county may enter into a development agreement
1985     containing any term that the county considers necessary or appropriate to accomplish the
1986     purposes of this chapter.
1987          (2) (a) A development agreement may not:
1988          (i) limit a county's authority in the future to:
1989          (A) enact a land use regulation; or
1990          (B) take any action allowed under Section 17-53-223;
1991          (ii) require a county to change the zoning designation of an area of land within the
1992     county in the future; or
1993          (iii) [contain a term that conflicts with, or is different from, a standard set forth in an
1994     existing land use regulation that governs the area subject to the development agreement] allow
1995     a use or development of land that applicable land use regulations governing the area subject to
1996     the development agreement would otherwise prohibit, unless the legislative body approves the
1997     development agreement in accordance with the same procedures for enacting a land use
1998     regulation under Section 17-27a-502, including a review and recommendation from the
1999     planning commission and a public hearing.
2000          (b) A development agreement that requires the implementation of an existing land use
2001     regulation as an administrative act does not require a legislative body's approval under Section
2002     17-27a-502.
2003          [(c) A county may not require a development agreement as the only option for
2004     developing land within the county. (d)]
2005          (c) (i) If a development agreement restricts an applicant's rights under clearly
2006     established state law, the county shall disclose in writing to the applicant the rights of the
2007     applicant the development agreement restricts.
2008          (ii) A county's failure to disclose in accordance with Subsection (2)(c)(i) voids any
2009     provision in the development agreement pertaining to the undisclosed rights.

2010          (d) A county may not require a development agreement as a condition for developing
2011     land if the county's land use regulations establish all applicable standards for development on
2012     the land.
2013          (e) To the extent that a development agreement does not specifically address a matter
2014     or concern related to land use or development, the matter or concern is governed by:
2015          (i) this chapter; and
2016          (ii) any applicable land use regulations.
2017          Section 20. Section 17-27a-530 is amended to read:
2018          17-27a-530. Regulation of building design elements prohibited -- Exceptions.
2019          (1) As used in this section, "building design element" means:
2020          (a) exterior color;
2021          (b) type or style of exterior cladding material;
2022          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
2023          (d) exterior nonstructural architectural ornamentation;
2024          (e) location, design, placement, or architectural styling of a window or door;
2025          (f) location, design, placement, or architectural styling of a garage door, not including a
2026     rear-loading garage door;
2027          (g) number or type of rooms;
2028          (h) interior layout of a room;
2029          (i) minimum square footage over 1,000 square feet, not including a garage;
2030          (j) rear yard landscaping requirements;
2031          (k) minimum building dimensions; or
2032          (l) a requirement to install front yard fencing.
2033          (2) Except as provided in Subsection (3), a county may not impose a requirement for a
2034     building design element on a [one to two family dwelling] one- or two-family dwelling.
2035          (3) Subsection (2) does not apply to:
2036          (a) a dwelling located within an area designated as a historic district in:
2037          (i) the National Register of Historic Places;
2038          (ii) the state register as defined in Section 9-8-402; or
2039          (iii) a local historic district or area, or a site designated as a local landmark, created by
2040     ordinance before January 1, 2021, except as provided under Subsection (4)(b);

2041          (b) an ordinance enacted as a condition for participation in the National Flood
2042     Insurance Program administered by the Federal Emergency Management Agency;
2043          (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
2044     Interface Code adopted under Section 15A-2-103;
2045          (d) building design elements agreed to under a development agreement;
2046          (e) a dwelling located within an area that:
2047          (i) is zoned primarily for residential use; and
2048          (ii) was substantially developed before calendar year 1950;
2049          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
2050          (g) an ordinance enacted to regulate type of cladding, in response to findings or
2051     evidence from the construction industry of:
2052          (i) defects in the material of existing cladding; or
2053          (ii) consistent defects in the installation of existing cladding; or
2054          (h) a land use regulation, including a planned unit development or overlay zone, that a
2055     property owner requests:
2056          (i) the county to apply to the owner's property; and
2057          (ii) in exchange for an increase in density or other benefit not otherwise available as a
2058     permitted use in the zoning area or district.
2059          Section 21. Section 17-27a-604.5 is amended to read:
2060          17-27a-604.5. Subdivision plat recording or development activity before required
2061     infrastructure is completed -- Improvement completion assurance -- Improvement
2062     warranty.
2063          (1) As used in this section, "public landscaping improvement" means landscaping that
2064     an applicant is required to install to comply with published installation and inspection
2065     specifications for public improvements that:
2066          (a) will be dedicated to and maintained by the county; or
2067          (b) are associated with and proximate to trail improvements that connect to planned or
2068     existing public infrastructure
2069          (2) A land use authority shall establish objective inspection standards for acceptance of
2070     a required [landscaping] public landscaping improvement or infrastructure improvement.
2071          [(2)] (3) (a) Before an applicant conducts any development activity or records a plat,

2072     the applicant shall:
2073          (i) complete any required [landscaping] public landscaping improvements or
2074     infrastructure improvements; or
2075          (ii) post an improvement completion assurance for any required [landscaping] public
2076     landscaping improvements or infrastructure improvements.
2077          (b) If an applicant elects to post an improvement completion assurance, the applicant
2078     shall provide completion assurance for:
2079          (i) completion of 100% of the required [landscaping] public landscaping improvements
2080     or infrastructure improvements; or
2081          (ii) if the county has inspected and accepted a portion of the [landscaping] public
2082     landscaping improvements or infrastructure improvements, 100% of the incomplete or
2083     unaccepted [landscaping] public landscaping improvements or infrastructure improvements.
2084          (c) A county shall:
2085          (i) establish a minimum of two acceptable forms of completion assurance;
2086          (ii) if an applicant elects to post an improvement completion assurance, allow the
2087     applicant to post an assurance that meets the conditions of this title, and any local ordinances;
2088          (iii) establish a system for the partial release of an improvement completion assurance
2089     as portions of required [landscaping] public landscaping improvements or infrastructure
2090     improvements are completed and accepted in accordance with local ordinance; and
2091          (iv) issue or deny a building permit in accordance with Section 17-27a-802 based on
2092     the installation of [landscaping] public landscaping improvements or infrastructure
2093     improvements.
2094          (d) A county may not require an applicant to post an improvement completion
2095     assurance for:
2096          (i) [landscaping or an infrastructure improvement] public landscaping improvements or
2097     infrastructure improvements that the county has previously inspected and accepted;
2098          (ii) infrastructure improvements that are private and not essential or required to meet
2099     the building code, fire code, flood or storm water management provisions, street and access
2100     requirements, or other essential necessary public safety improvements adopted in a land use
2101     regulation; or
2102          (iii) in a county where ordinances require all infrastructure improvements within the

2103     area to be private, infrastructure improvements within a development that the county requires
2104     to be private[.];
2105          (iv) landscaping improvements that are not public landscaping improvements, as
2106     defined in Section 17-27a-103, unless the landscaping improvements and completion assurance
2107     are required under the terms of a development agreement.
2108          (4) (a) Except as provided in Subsection (4)(c), as a condition for increased density or
2109     other entitlement benefit not currently available under the existing zone, a county may require a
2110     completion assurance bond for landscaped amenities and common area that are dedicated to
2111     and maintained by a homeowners association.
2112          (b) Any agreement regarding a completion assurance bond under Subsection (4)(a)
2113     between the applicant and the county shall be memorialized in a development agreement.
2114          (c) A county may not require a completion assurance bond for the landscaping of
2115     residential lots or the equivalent open space surrounding single family attached homes, whether
2116     platted as lots or common area.
2117          (5) The sum of the improvement completion assurance required under Subsections (3)
2118     and (4) may not exceed the sum of:
2119          (a) 100% of the estimated cost of the public landscaping improvements or
2120     infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's
2121     bid; and
2122          (b) 10% of the amount of the bond to cover administrative costs incurred by the county
2123     to complete the improvements, if necessary.
2124          [(3)] (6) At any time before a county accepts a [landscaping] public landscaping
2125     improvement or infrastructure improvement, and for the duration of each improvement
2126     warranty period, the land use authority may require the applicant to:
2127          (a) execute an improvement warranty for the improvement warranty period; and
2128          (b) post a cash deposit, surety bond, letter of credit, or other similar security, as
2129     required by the county, in the amount of up to 10% of the lesser of the:
2130          (i) county engineer's original estimated cost of completion; or
2131          (ii) applicant's reasonable proven cost of completion.
2132          [(4)] (7) When a county accepts an improvement completion assurance for
2133     [landscaping] public landscaping improvements or infrastructure improvements for a

2134     development in accordance with [Subsection (2)(c)(ii)] Subsection (3)(c)(ii), the county may
2135     not deny an applicant a building permit if the development meets the requirements for the
2136     issuance of a building permit under the building code and fire code.
2137          [(5)] (8) The provisions of this section do not supersede the terms of a valid
2138     development agreement, an adopted phasing plan, or the state construction code.