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H.B. 205

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RECORDING SUBDIVISIONS OF LAND

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Susan J. Koehn

5    AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; MODIFYING
6    PROVISIONS RELATING TO SUBDIVISION APPROVAL PROCEDURE; ELIMINATING
7    PENALTY IMPOSED ON THE COUNTY RECORDER FOR RECORDING UNAPPROVED
8    SUBDIVISION MAP OR PLAT; ELIMINATING EXCEPTION TO PROHIBITION
9    AGAINST RECORDING AN UNAPPROVED MAP OR PLAT; AND MAKING
10    TECHNICAL CORRECTIONS.
11    This act affects sections of Utah Code Annotated 1953 as follows:
12    AMENDS:
13         10-9-805, as last amended by Chapter 23, Laws of Utah 1992
14         17-27-805, as last amended by Chapter 23, Laws of Utah 1992
15         17-27-811, as enacted by Chapter 235, Laws of Utah 1991
16         57-8-35, as last amended by Chapter 20, Laws of Utah 1995
17    REPEALS:
18         17-21-8, as last amended by Chapter 227, Laws of Utah 1993
19    Be it enacted by the Legislature of the state of Utah:
20        Section 1. Section 10-9-805 is amended to read:
21         10-9-805. Subdivision approval procedure.
22        (1) A person may not [file or record] submit a plat of a subdivision of land [in] to the
23    county recorder's office for filing or recording unless a recommendation has been received from
24    the planning commission and:
25        (a) [it] the plat has been approved by:
26        (i) the legislative body; or
27        (ii) other officers that the legislative body designates in an ordinance; and


1        (b) the approvals are entered in writing on the plat by the mayor or chairperson of the
2    legislative body or by the other officers designated in the ordinance.
3        (2) In municipalities under the council-mayor form of government, Section 10-3-1219.5
4    governs.
5        Section 2. Section 17-27-805 is amended to read:
6         17-27-805. Subdivision approval procedure.
7        A person may not [file or record] submit a plat of a subdivision of land [in] to the county
8    recorder's office for filing or recording unless a recommendation has been received from the
9    planning commission and:
10        (1) [it] the plat has been approved by:
11        (a) the legislative body; or
12        (b) other officers that the legislative body designates in an ordinance; and
13        (2) the approvals are entered in writing on the plat by the chief executive officer or
14    chairperson of the legislative body or by the other officers designated in the ordinance.
15        Section 3. Section 17-27-811 is amended to read:
16         17-27-811. Plat void if filed without approvals -- Penalties.
17        (1) (a) [Any] A county recorder [who files or records] may not record a plat of a
18    subdivision without the approvals required by this part [is guilty of a misdemeanor].
19        (b) Any plat of a subdivision filed or recorded without the approvals required by this part
20    is void.
21        (2) (a) Any owner or agent of the owner of any land located in a subdivision as defined
22    in this part who transfers or sells any land in that subdivision before a plan or plat of the
23    subdivision has been approved and recorded as required in this part is guilty of a violation of this
24    part for each lot or parcel transferred or sold.
25        (b) The description by metes and bounds in the instrument of transfer or other documents
26    used in the process of selling or transferring does not exempt the transaction from a violation or
27    from the penalties or remedies provided in this part.
28        Section 4. Section 57-8-35 is amended to read:
29         57-8-35. Effect of other laws -- Compliance with ordinances and codes -- Approval
30     of projects by municipality or county.
31        (1) The provisions of this chapter shall be in addition and supplemental to all other

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1    provisions of law, statutory or judicially declared, provided that wherever the application of the
2    provisions of this chapter conflict with the application of such other provisions, this chapter shall
3    prevail: provided further, for purposes of Sections 10-9-805, 10-9-811, [17-21-8,] and 17-27-804
4    and provisions of similar import and any law or ordinance adopted pursuant thereto, a
5    condominium project shall be considered to be a subdivision, and a record of survey map or
6    supplement thereto prepared pursuant to this chapter shall be considered to be a subdivision map
7    or plat, only with respect to:
8        (a) such real property or improvements, if any, as are intended to be dedicated to the use
9    of the public in connection with the creation of the condominium project or portion thereof
10    concerned; and
11        (b) those units, if any, included in the condominium project or portion thereof concerned
12    which are not contained in existing or proposed buildings.
13        (2) Nothing in this chapter shall be interpreted to state or imply that a condominium
14    project, unit, association or unit owners, or management committee is exempt by this chapter from
15    compliance with the zoning ordinance, building and sanitary codes, and similar development
16    regulations which have been adopted by a municipality or county. No condominium project or
17    any use within said project or any unit or parcel or parcel of land indicated as a separate unit or any
18    structure within said project shall be permitted which is not in compliance with said ordinances
19    and codes.
20        (3) From and after the time a municipality or county shall have established a planning
21    commission, no condominium project or any record of survey map, declaration, or other material
22    as required for recordation under this chapter shall be recorded in the office of the county recorder
23    unless and until the following mentioned attributes of said condominium project shall have been
24    approved by the municipality or county in which it is located. In order to more fully avail itself
25    of this power, the legislative body of a municipality or county may provide by ordinance for the
26    approval of condominium projects proposed within its limits. This ordinance may include and
27    shall be limited to a procedure for approval of condominium projects, the standards and the criteria
28    for the geographical layout of a condominium project, facilities for utility lines and roads which
29    shall be constructed, the percentage of the project which must be devoted to common or
30    recreational use, and the content of the declaration with respect to the standards which must be
31    adhered to concerning maintenance, upkeep, and operation of any roads, utility facilities,

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1    recreational areas, and open spaces included in the project.
2        (4) Any ordinance adopted by the legislative body of a municipality or county which
3    outlines the procedures for approval of a condominium project shall provide for:
4        (a) a preliminary approval, which, among other things, will then authorize the developer
5    of the condominium project to proceed with the project; and
6        (b) a final approval which will certify that all of the requirements set forth in the
7    preliminary approval either have been accomplished or have been assured of accomplishment by
8    bond or other appropriate means. No declaration or record of survey map shall be recorded in the
9    office of the county recorder until a final approval has been granted.
10        Section 5. Repealer.
11        This act repeals:
12        Section 17-21-8, Maps and plats -- Approval before recordation.




Legislative Review Note
    as of 12-9-96 11:38 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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