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H.B. 205 Enrolled

    

RECORDING SUBDIVISIONS OF LAND

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Susan J. Koehn

    AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; MODIFYING
    PROVISIONS RELATING TO SUBDIVISION APPROVAL PROCEDURE;
    ELIMINATING PENALTY IMPOSED ON THE COUNTY RECORDER FOR
    RECORDING UNAPPROVED SUBDIVISION MAP OR PLAT; ELIMINATING
    EXCEPTION TO PROHIBITION AGAINST RECORDING AN UNAPPROVED MAP
    OR PLAT; AND MAKING TECHNICAL CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         10-9-805, as last amended by Chapter 23, Laws of Utah 1992
         17-27-805, as last amended by Chapter 23, Laws of Utah 1992
         17-27-811, as enacted by Chapter 235, Laws of Utah 1991
         57-8-35, as last amended by Chapter 20, Laws of Utah 1995
    REPEALS:
         17-21-8, as last amended by Chapter 227, Laws of Utah 1993
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-9-805 is amended to read:
         10-9-805. Subdivision approval procedure.
        (1) A person may not [file or record] submit a plat of a subdivision [of land in] to the
    county recorder's office for filing or recording unless a recommendation has been received from
    the planning commission and:
        (a) [it] the plat has been approved by:
        (i) the legislative body; or
        (ii) other officers that the legislative body designates in an ordinance; and
        (b) the approvals are entered in writing on the plat by the mayor or chairperson of the
    legislative body or by the other officers designated in the ordinance.


        (2) In municipalities under the council-mayor form of government, Section 10-3-1219.5
    governs.
        Section 2. Section 17-27-805 is amended to read:
         17-27-805. Subdivision approval procedure.
        A person may not [file or record] submit a plat of a subdivision [of land in] to the county
    recorder's office for filing or recording unless a recommendation has been received from the
    planning commission and:
        (1) [it] the plat has been approved by:
        (a) the legislative body; or
        (b) other officers that the legislative body designates in an ordinance; and
        (2) the approvals are entered in writing on the plat by the chief executive officer or
    chairperson of the legislative body or by the other officers designated in the ordinance.
        Section 3. Section 17-27-811 is amended to read:
         17-27-811. Plat void if filed without approvals -- Penalties.
        (1) (a) [Any] A county recorder [who files or records] may not file or record a plat of a
    subdivision without the approvals required by this part [is guilty of a misdemeanor].
        (b) Any plat of a subdivision filed or recorded without the approvals required by this part
    is void.
        (2) (a) Any owner or agent of the owner of any land located in a subdivision as defined in
    this part who transfers or sells any land in that subdivision before a plan or plat of the subdivision
    has been approved and recorded as required in this part is guilty of a violation of this part for each
    lot or parcel transferred or sold.
        (b) The description by metes and bounds in the instrument of transfer or other documents
    used in the process of selling or transferring does not exempt the transaction from a violation or from
    the penalties or remedies provided in this part.
        Section 4. Section 57-8-35 is amended to read:
         57-8-35. Effect of other laws -- Compliance with ordinances and codes -- Approval of
     projects by municipality or county.

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        (1) The provisions of this chapter shall be in addition and supplemental to all other
    provisions of law, statutory or judicially declared, provided that wherever the application of the
    provisions of this chapter conflict with the application of such other provisions, this chapter shall
    prevail: provided further, for purposes of Sections 10-9-805, 10-9-811, [17-21-8,] and 17-27-804 and
    provisions of similar import and any law or ordinance adopted pursuant thereto, a condominium
    project shall be considered to be a subdivision, and a record of survey map or supplement thereto
    prepared pursuant to this chapter shall be considered to be a subdivision map or plat, only with
    respect to:
        (a) such real property or improvements, if any, as are intended to be dedicated to the use of
    the public in connection with the creation of the condominium project or portion thereof concerned;
    and
        (b) those units, if any, included in the condominium project or portion thereof concerned
    which are not contained in existing or proposed buildings.
        (2) Nothing in this chapter shall be interpreted to state or imply that a condominium project,
    unit, association or unit owners, or management committee is exempt by this chapter from
    compliance with the zoning ordinance, building and sanitary codes, and similar development
    regulations which have been adopted by a municipality or county. No condominium project or any
    use within said project or any unit or parcel or parcel of land indicated as a separate unit or any
    structure within said project shall be permitted which is not in compliance with said ordinances and
    codes.
        (3) From and after the time a municipality or county shall have established a planning
    commission, no condominium project or any record of survey map, declaration, or other material
    as required for recordation under this chapter shall be recorded in the office of the county recorder
    unless and until the following mentioned attributes of said condominium project shall have been
    approved by the municipality or county in which it is located. In order to more fully avail itself of
    this power, the legislative body of a municipality or county may provide by ordinance for the
    approval of condominium projects proposed within its limits. This ordinance may include and shall
    be limited to a procedure for approval of condominium projects, the standards and the criteria for

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    the geographical layout of a condominium project, facilities for utility lines and roads which shall
    be constructed, the percentage of the project which must be devoted to common or recreational use,
    and the content of the declaration with respect to the standards which must be adhered to concerning
    maintenance, upkeep, and operation of any roads, utility facilities, recreational areas, and open
    spaces included in the project.
        (4) Any ordinance adopted by the legislative body of a municipality or county which
    outlines the procedures for approval of a condominium project shall provide for:
        (a) a preliminary approval, which, among other things, will then authorize the developer of
    the condominium project to proceed with the project; and
        (b) a final approval which will certify that all of the requirements set forth in the preliminary
    approval either have been accomplished or have been assured of accomplishment by bond or other
    appropriate means. No declaration or record of survey map shall be recorded in the office of the
    county recorder until a final approval has been granted.
        Section 5. Repealer.
        This act repeals:
        Section 17-21-8, Maps and plats -- Approval before recordation.

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