S.B. 267 Enrolled

1

CHANGES TO LOCAL GOVERNMENT
2 PROVISIONS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: L. Alma Mansell
6 House Sponsor: Gordon E. Snow
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to counties, municipalities, and special districts.
11 Highlighted Provisions:
12 This bill:
13 . modifies the definition of "affected entity";
14 . expands requirements imposed on counties and municipalities with respect to notice
15 and information to be provided to applicants submitting a land use application;
16 . allows an applicant to waive a county's or municipality's failure to comply with
17 certain requirements;
18 . requires counties and municipalities to process and render a decision on land use
19 applications with reasonable diligence;
20 . expands the definition of "public safety facility" for impact fee purposes to include
21 certain fire suppression equipment;
22 . provides that a local political subdivision may impose an impact fee for a public
23 safety facility that is a fire suppression vehicle in commercial areas only;
24 . modifies annual financial report requirements for counties, municipalities, and
25 special districts with respect to impact fees; and
26 . imposes requirements and limitations on counties and municipalities in calculating
27 an impact fee.
28 Monies Appropriated in this Bill:
29 None

30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 10-5-129, as enacted by Chapter 34, Laws of Utah 1983
35 10-6-150, as last amended by Chapter 300, Laws of Utah 1999
36 10-9a-103, as last amended by Chapter 7 and renumbered and amended by Chapter
37 254, Laws of Utah 2005
38 10-9a-202, as enacted by Chapter 254, Laws of Utah 2005
39 10-9a-509, as enacted by Chapter 254, Laws of Utah 2005
40 10-9a-603, as renumbered and amended by Chapter 254, Laws of Utah 2005
41 11-36-102, as last amended by Chapter 239, Laws of Utah 2002
42 11-36-202, as last amended by Chapter 254, Laws of Utah 2005
43 17-27a-103, as last amended by Chapter 7 and renumbered and amended by Chapter
44 254, Laws of Utah 2005
45 17-27a-202, as enacted by Chapter 254, Laws of Utah 2005
46 17-27a-508, as enacted by Chapter 254, Laws of Utah 2005
47 17-27a-603, as renumbered and amended by Chapter 254, Laws of Utah 2005
48 17-36-37, as last amended by Chapter 300, Laws of Utah 1999
49 17A-1-443, as renumbered and amended by Chapter 186, Laws of Utah 1990
50
51 Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 10-5-129 is amended to read:
53 10-5-129. Annual financial report.
54 (1) (a) Within 180 days after the close of each fiscal year the town clerk or other
55 delegated person shall present to the council an annual financial report. [This section]
56 (b) Each annual financial report shall identify impact fee funds by the year in which
57 they were received, the project from which the funds were collected, the capital projects for

58 which the funds are budgeted, and the projected schedule for expenditure.
59 (2) The requirement under Subsection (1)(a) to present an annual financial report may
60 be satisfied by an audit report or annual financial report of an independent auditor.
61 Section 2. Section 10-6-150 is amended to read:
62 10-6-150. Annual financial reports -- Independent audit reports.
63 (1) (a) Within 180 days after the close of each fiscal period or, for a city that has
64 adopted a fiscal period that is a biennial period, within 180 days after both the mid-point and
65 the close of the fiscal period, the city recorder or other delegated person shall present to the
66 governing body an annual financial report prepared in conformity with generally accepted
67 accounting principles, as prescribed in the Uniform Accounting Manual for Utah Cities. [This
68 requirement]
69 (b) Each annual financial report shall identify impact fee funds by the year in which
70 they were received, the project from which the funds were collected, the capital projects for
71 which the funds are budgeted, and the projected schedule for expenditure.
72 (2) (a) The requirement under Subsection (1)(a) to present an annual financial report
73 may be satisfied by presentation of the audit report furnished by the independent auditor, if the
74 financial statements included are appropriately prepared and reviewed with the governing body.
75 (b) Notwithstanding the acceptability of the audit report furnished by the independent
76 auditor in substitution for financial statements prepared by an officer of the city, the governing
77 body has the responsibility for those financial statements.
78 (c) The independent auditor has the responsibility of reporting whether the governing
79 body's financial statements are prepared in conformity with generally accepted accounting
80 principles.
81 (3) Copies of the annual financial report or the audit report furnished by the
82 independent auditor shall be filed with the state auditor and shall be filed as a public document
83 in the office of the city recorder.
84 Section 3. Section 10-9a-103 is amended to read:
85 10-9a-103. Definitions.

86 As used in this chapter:
87 (1) "Affected entity" means a county, municipality, independent special district under
88 Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter 2,
89 Local Districts, school district, interlocal cooperation entity established under Title 11, Chapter
90 13, Interlocal Cooperation Act, specified public utility, a property owner, a property owners
91 association, or the Utah Department of Transportation, if:
92 (a) the entity's services or facilities are likely to require expansion or significant
93 modification because of an intended use of land;
94 (b) the entity has filed with the municipality a copy of the entity's general or long-range
95 plan; or
96 (c) the [entity's boundaries or facilities are within one mile of land which is the subject
97 of a general plan amendment or land use ordinance change] entity has filed with the
98 municipality a request for notice during the same calendar year and before the municipality
99 provides notice to an affected entity in compliance with a requirement imposed under this
100 chapter.
101 (2) "Appeal authority" means the person, board, commission, agency, or other body
102 designated by ordinance to decide an appeal of a decision of a land use application or a
103 variance.
104 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
105 residential property if the sign is designed or intended to direct attention to a business, product,
106 or service that is not sold, offered, or existing on the property where the sign is located.
107 (4) "Charter school" includes:
108 (a) an operating charter school;
109 (b) a charter school applicant that has its application approved by a chartering entity in
110 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
111 (c) an entity who is working on behalf of a charter school or approved charter applicant
112 to develop or construct a charter school building.
113 (5) "Chief executive officer" means the:

114 (a) mayor in municipalities operating under all forms of municipal government except
115 the council-manager form; or
116 (b) city manager in municipalities operating under the council-manager form of
117 municipal government.
118 (6) "Conditional use" means a land use that, because of its unique characteristics or
119 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
120 compatible in some areas or may be compatible only if certain conditions are required that
121 mitigate or eliminate the detrimental impacts.
122 (7) "Constitutional taking" means a governmental action that results in a taking of
123 private property so that compensation to the owner of the property is required by the:
124 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
125 (b) Utah Constitution Article I, Section 22.
126 (8) "Culinary water authority" means the department, agency, or public entity with
127 responsibility to review and approve the feasibility of the culinary water system and sources for
128 the subject property.
129 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
130 or more of a person's major life activities, including a person having a record of such an
131 impairment or being regarded as having such an impairment.
132 (b) "Disability" does not include current illegal use of, or addiction to, any federally
133 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
134 802.
135 (10) "Elderly person" means a person who is 60 years old or older, who desires or
136 needs to live with other elderly persons in a group setting, but who is capable of living
137 independently.
138 (11) "General plan" means a document that a municipality adopts that sets forth general
139 guidelines for proposed future development of the land within the municipality.
140 (12) "Identical plans" means building plans submitted to a municipality that are
141 substantially identical to building plans that were previously submitted to and reviewed and

142 approved by the municipality and describe a building that is:
143 (a) located on land zoned the same as the land on which the building described in the
144 previously approved plans is located; and
145 (b) subject to the same geological and meteorological conditions and the same law as
146 the building described in the previously approved plans.
147 (13) "Land use application" means an application required by a municipality's land use
148 ordinance.
149 (14) "Land use authority" means a person, board, commission, agency, or other body
150 designated by the local legislative body to act upon a land use application.
151 (15) "Land use ordinance" means a planning, zoning, development, or subdivision
152 ordinance of the municipality, but does not include the general plan.
153 (16) "Legislative body" means the municipal council.
154 (17) "Lot line adjustment" means the relocation of the property boundary line in a
155 subdivision between two adjoining lots with the consent of the owners of record.
156 (18) "Moderate income housing" means housing occupied or reserved for occupancy
157 by households with a gross household income equal to or less than 80% of the median gross
158 income for households of the same size in the county in which the city is located.
159 (19) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
160 spent and expenses incurred in:
161 (a) verifying that building plans are identical plans; and
162 (b) reviewing and approving those minor aspects of identical plans that differ from the
163 previously reviewed and approved building plans.
164 (20) "Noncomplying structure" means a structure that:
165 (a) legally existed before its current land use designation; and
166 (b) because of one or more subsequent land use ordinance changes, does not conform
167 to the setback, height restrictions, or other regulations, excluding those regulations, which
168 govern the use of land.
169 (21) "Nonconforming use" means a use of land that:

170 (a) legally existed before its current land use designation;
171 (b) has been maintained continuously since the time the land use ordinance governing
172 the land changed; and
173 (c) because of one or more subsequent land use ordinance changes, does not conform
174 to the regulations that now govern the use of the land.
175 (22) "Official map" means a map drawn by municipal authorities and recorded in a
176 county recorder's office that:
177 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
178 highways and other transportation facilities;
179 (b) provides a basis for restricting development in designated rights-of-way or between
180 designated setbacks to allow the government authorities time to purchase or otherwise reserve
181 the land; and
182 (c) has been adopted as an element of the municipality's general plan.
183 (23) "Person" means an individual, corporation, partnership, organization, association,
184 trust, governmental agency, or any other legal entity.
185 (24) "Plan for moderate income housing" means a written document adopted by a city
186 legislative body that includes:
187 (a) an estimate of the existing supply of moderate income housing located within the
188 city;
189 (b) an estimate of the need for moderate income housing in the city for the next five
190 years as revised biennially;
191 (c) a survey of total residential land use;
192 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
193 income housing; and
194 (e) a description of the city's program to encourage an adequate supply of moderate
195 income housing.
196 (25) "Plat" means a map or other graphical representation of lands being laid out and
197 prepared in accordance with Section 10-9a-603 , 17-23-17 , or 57-8-13 .

198 (26) "Public hearing" means a hearing at which members of the public are provided a
199 reasonable opportunity to comment on the subject of the hearing.
200 (27) "Public meeting" means a meeting that is required to be open to the public under
201 Title 52, Chapter 4, Open and Public Meetings.
202 (28) "Record of survey map" means a map of a survey of land prepared in accordance
203 with Section 17-23-17 .
204 (29) "Residential facility for elderly persons" means a single-family or multiple-family
205 dwelling unit that meets the requirements of Part 4, General Plan, but does not include a health
206 care facility as defined by Section 26-21-2 .
207 (30) "Residential facility for persons with a disability" means a residence:
208 (a) in which more than one person with a disability resides; and
209 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
210 Chapter 2, Licensure of Programs and Facilities; or
211 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
212 Health Care Facility Licensing and Inspection Act.
213 (31) "Sanitary sewer authority" means the department, agency, or public entity with
214 responsibility to review and approve the feasibility of sanitary sewer services or onsite
215 wastewater systems.
216 (32) "Special district" means an entity established under the authority of Title 17A,
217 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
218 municipality, school district, or unit of the state.
219 (33) "Specified public utility" means an electrical corporation, gas corporation, or
220 telephone corporation, as those terms are defined in Section 54-2-1 .
221 (34) "Street" means a public right-of-way, including a highway, avenue, boulevard,
222 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
223 way.
224 (35) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
225 divided into two or more lots, parcels, sites, units, plots, or other division of land for the

226 purpose, whether immediate or future, for offer, sale, lease, or development either on the
227 installment plan or upon any and all other plans, terms, and conditions.
228 (b) "Subdivision" includes:
229 (i) the division or development of land whether by deed, metes and bounds description,
230 devise and testacy, map, plat, or other recorded instrument; and
231 (ii) except as provided in Subsection (35)(c), divisions of land for residential and
232 nonresidential uses, including land used or to be used for commercial, agricultural, and
233 industrial purposes.
234 (c) "Subdivision" does not include:
235 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
236 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
237 neither the resulting combined parcel nor the parcel remaining from the division or partition
238 violates an applicable land use ordinance;
239 (ii) a recorded agreement between owners of adjoining unsubdivided properties
240 adjusting their mutual boundary if:
241 (A) no new lot is created; and
242 (B) the adjustment does not violate applicable land use ordinances; or
243 (iii) a recorded document, executed by the owner of record:
244 (A) revising the legal description of more than one contiguous unsubdivided parcel of
245 property into one legal description encompassing all such parcels of property; or
246 (B) joining a subdivided parcel of property to another parcel of property that has not
247 been subdivided, if the joinder does not violate applicable land use ordinances.
248 (d) The joining of a subdivided parcel of property to another parcel of property that has
249 not been subdivided does not constitute a subdivision under this Subsection (35) as to the
250 unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
251 subdivision ordinance.
252 (36) "Unincorporated" means the area outside of the incorporated area of a city or
253 town.

254 (37) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
255 land use zones, overlays, or districts.
256 Section 4. Section 10-9a-202 is amended to read:
257 10-9a-202. Applicant notice -- Waiver of requirements.
258 (1) For each land use application, the municipality shall:
259 (a) notify the applicant of the date, time, and place of each public hearing and public
260 meeting to consider the application [and];
261 (b) provide to each applicant a copy of each staff report regarding the applicant or the
262 pending application at least three business days before the public hearing or public meeting;
263 and
264 (c) notify the applicant of any final action on a pending application.
265 (2) If a municipality fails to comply with the requirements of Subsection (1)(a) or (b)
266 or both, an applicant may waive the failure so that the application may stay on the public
267 hearing or public meeting agenda and be considered as if the requirements had been met.
268 Section 5. Section 10-9a-509 is amended to read:
269 10-9a-509. When a land use applicant is entitled to approval -- Exception --
270 Municipality required to comply with land use ordinances.
271 (1) (a) An applicant is entitled to approval of a land use application if the application
272 conforms to the requirements of an applicable land use ordinance in effect when a complete
273 application is submitted and all fees have been paid, unless:
274 (i) the land use authority, on the record, finds that a compelling, countervailing public
275 interest would be jeopardized by approving the application; or
276 (ii) in the manner provided by local ordinance and before the application is submitted,
277 the municipality has formally initiated proceedings to amend its ordinances in a manner that
278 would prohibit approval of the application as submitted.
279 (b) The municipality shall process an application without regard to proceedings
280 initiated to amend the municipality's ordinances if:
281 (i) 180 days have passed since the proceedings were initiated; and

282 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
283 application as submitted.
284 (c) An application for a land use approval is considered submitted and complete when
285 the application is provided in a form that complies with the requirements of applicable
286 ordinances and all applicable fees have been paid.
287 (d) The continuing validity of an approval of a land use application is conditioned upon
288 the applicant proceeding after approval to implement the approval with reasonable diligence.
289 (2) A municipality is bound by the terms and standards of applicable land use
290 ordinances and shall comply with mandatory provisions of those ordinances.
291 (3) Each municipality shall process and render a decision on each land use application
292 with reasonable diligence.
293 Section 6. Section 10-9a-603 is amended to read:
294 10-9a-603. Plat required when land is subdivided -- Approval of plat -- Recording
295 plat.
296 (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
297 subdivision under Subsection 10-9a-103 [(34)](35), whenever any land is laid out and platted,
298 the owner of the land shall provide an accurate plat that describes or specifies:
299 (a) a name or designation of the subdivision that is distinct from any plat already
300 recorded in the county recorder's office;
301 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
302 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
303 intended to be used as a street or for any other public use, and whether any such area is
304 reserved or proposed for dedication for a public purpose;
305 (c) the lot or unit reference, block or building reference, street or site address, street
306 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
307 and width of the blocks and lots intended for sale; and
308 (d) every existing right-of-way and easement grant of record for underground facilities,
309 as defined in Section 54-8a-2 , and for other utility facilities.

310 (2) Subject to Subsections (3), (4), and (5), if the plat conforms to the municipality's
311 ordinances and this part and has been approved by the culinary water authority and the sanitary
312 sewer authority, the municipality shall approve the plat.
313 (3) The municipality may withhold an otherwise valid plat approval until the owner of
314 the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
315 penalties owing on the land have been paid.
316 (4) (a) The owner of the land shall acknowledge the plat before an officer authorized
317 by law to take the acknowledgement of conveyances of real estate and shall obtain the
318 signature of each individual designated by the municipality.
319 (b) The surveyor making the plat shall certify that the surveyor:
320 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
321 Professional Land Surveyors Licensing Act;
322 (ii) has completed a survey of the property described on the plat in accordance with
323 Section 17-23-17 and has verified all measurements; and
324 (iii) has placed monuments as represented on the plat.
325 (c) As applicable, the owner or operator of the underground and utility facilities shall
326 approve the:
327 (i) boundary, course, dimensions, and intended use of the right-of-way and easement
328 grants of record;
329 (ii) location of existing underground and utility facilities; and
330 (iii) conditions or restrictions governing the location of the facilities within the
331 right-of-way, and easement grants of records, and utility facilities within the subdivision.
332 (5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
333 land shall, within the time period designated by ordinance, record the plat in the county
334 recorder's office in the county in which the lands platted and laid out are situated.
335 (b) An owner's failure to record a plat within the time period designated by ordinance
336 renders the plat voidable.
337 Section 7. Section 11-36-102 is amended to read:

338 11-36-102. Definitions.
339 As used in this chapter:
340 (1) "Building permit fee" means the fees charged to enforce the uniform codes adopted
341 pursuant to Title 58, Chapter 56, Utah Uniform Building Standards Act, that are not greater
342 than the fees indicated in the appendix to the [Uniform] International Building Code.
343 (2) "Capital facilities plan" means the plan required by Section 11-36-201 .
344 (3) "Development activity" means any construction or expansion of a building,
345 structure, or use, any change in use of a building or structure, or any changes in the use of land
346 that creates additional demand and need for public facilities.
347 (4) "Development approval" means any written authorization from a local political
348 subdivision that authorizes the commencement of development activity.
349 (5) "Enactment" means:
350 (a) a municipal ordinance, for municipalities;
351 (b) a county ordinance, for counties; and
352 (c) a governing board resolution, for special districts.
353 (6) "Hookup fees" means reasonable fees, not in excess of the approximate average
354 costs to the political subdivision, for services provided for and directly attributable to the
355 connection to utility services, including gas, water, sewer, power, or other municipal, county,
356 or independent special district utility services.
357 (7) (a) "Impact fee" means a payment of money imposed upon development activity as
358 a condition of development approval.
359 (b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
360 hookup fee, a fee for project improvements, or other reasonable permit or application fee.
361 (8) (a) "Local political subdivision" means a county, a municipality, or a special district
362 created under Title 17A, Special Districts.
363 (b) "Local political subdivision" does not mean school districts, whose impact fee
364 activity is governed by Section 53A-20-100.5 .
365 (9) "Private entity" means an entity with private ownership that provides culinary water

366 that is required to be used as a condition of development.
367 (10) (a) "Project improvements" means site improvements and facilities that are:
368 (i) planned and designed to provide service for development resulting from a
369 development activity; and
370 (ii) necessary for the use and convenience of the occupants or users of development
371 resulting from a development activity.
372 (b) "Project improvements" does not mean system improvements.
373 (11) "Proportionate share" means the cost of public facility improvements that are
374 roughly proportionate and reasonably related to the service demands and needs of any
375 development activity.
376 (12) "Public facilities" means only the following capital facilities that have a life
377 expectancy of ten or more years and are owned or operated by or on behalf of a local political
378 subdivision or private entity:
379 (a) water rights and water supply, treatment, and distribution facilities;
380 (b) wastewater collection and treatment facilities;
381 (c) storm water, drainage, and flood control facilities;
382 (d) municipal power facilities;
383 (e) roadway facilities;
384 (f) parks, recreation facilities, open space, and trails; and
385 (g) public safety facilities.
386 (13) (a) "Public safety facility" means:
387 (i) a building constructed or leased to house police, fire, or other public safety
388 entities[.]; or
389 (ii) a fire suppression vehicle with a ladder reach of at least 75 feet, costing in excess of
390 $1,250,000, that is necessary for fire suppression in commercial areas with one or more
391 buildings at least five stories high.
392 (b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
393 incarceration.

394 (14) (a) "Roadway facilities" means streets or roads that have been designated on an
395 officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
396 together with all necessary appurtenances.
397 (b) "Roadway facilities" includes associated improvements to federal or state roadways
398 only when the associated improvements:
399 (i) are necessitated by the new development; and
400 (ii) are not funded by the state or federal government.
401 (c) "Roadway facilities" does not mean federal or state roadways.
402 (15) (a) "Service area" means a geographic area designated by a local political
403 subdivision on the basis of sound planning or engineering principles in which a defined set of
404 public facilities provide service within the area.
405 (b) "Service area" may include the entire local political subdivision.
406 (16) (a) "System improvements" means:
407 (i) existing public facilities that are designed to provide services to service areas within
408 the community at large; and
409 (ii) future public facilities identified in a capital facilities plan that are intended to
410 provide services to service areas within the community at large.
411 (b) "System improvements" does not mean project improvements.
412 Section 8. Section 11-36-202 is amended to read:
413 11-36-202. Impact fees -- Enactment -- Required provisions.
414 (1) (a) Each local political subdivision wishing to impose impact fees shall pass an
415 impact fee enactment.
416 (b) The impact fee imposed by that enactment may not exceed the highest fee justified
417 by the impact fee analysis performed pursuant to Section 11-36-201 .
418 (c) In calculating the impact fee, each local political subdivision may include:
419 (i) the construction contract price;
420 (ii) the cost of acquiring land, improvements, materials, and fixtures;
421 (iii) the cost for planning, surveying, and engineering fees for services provided for and

422 directly related to the construction of the system improvements; and
423 (iv) debt service charges, if the political subdivision might use impact fees as a revenue
424 stream to pay the principal and interest on bonds, notes, or other obligations issued to finance
425 the costs of the system improvements.
426 (d) In calculating an impact fee, a local political subdivision may not include an
427 expense for overhead unless the expense is calculated pursuant to a methodology that is
428 consistent with:
429 (i) generally accepted cost accounting practices; and
430 (ii) the methodological standards set forth by the federal Office of Management and
431 Budget for federal grant reimbursement.
432 (e) In calculating an impact fee, each local political subdivision shall base amounts
433 calculated under Subsection (1)(c) on realistic estimates, and the assumptions underlying those
434 estimates shall be disclosed in the impact fee analysis.
435 [(d)] (f) In enacting an impact fee enactment:
436 (i) municipalities shall:
437 (A) make a copy of the impact fee enactment available to the public at least 14 days
438 before the date of the public hearing; and
439 (B) comply with the notice and hearing requirements of, and, except as provided in
440 Subsection 11-36-401 (4)(f), receive the protections of Sections 10-9a-207 and 10-9a-801 ;
441 (ii) counties shall:
442 (A) make a copy of the impact fee enactment available to the public at least 14 days
443 before the date of the public hearing; and
444 (B) comply with the notice and hearing requirements of, and, except as provided in
445 Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-207 and 17-27a-801 ;
446 and
447 (iii) special districts shall:
448 (A) make a copy of the impact fee enactment available to the public at least 14 days
449 before the date of the public hearing; and

450 (B) comply with the notice and hearing requirements of, and receive the protections of,
451 Section 17A-1-203 .
452 [(e)] (g) Nothing contained in Subsection (1)[(d)](f) or in the subsections referenced in
453 Subsections (1)[(d)](f)(i)(B) and (ii)(B) may be construed to require involvement by a planning
454 commission in the impact fee enactment process.
455 (2) The local political subdivision shall ensure that the impact fee enactment contains:
456 (a) a provision establishing one or more service areas within which it shall calculate
457 and impose impact fees for various land use categories;
458 (b) either:
459 (i) a schedule of impact fees for each type of development activity that specifies the
460 amount of the impact fee to be imposed for each type of system improvement; or
461 (ii) the formula that the local political subdivision will use to calculate each impact fee;
462 (c) a provision authorizing the local political subdivision to adjust the standard impact
463 fee at the time the fee is charged to:
464 (i) respond to unusual circumstances in specific cases; and
465 (ii) ensure that the impact fees are imposed fairly; and
466 (d) a provision governing calculation of the amount of the impact fee to be imposed on
467 a particular development that permits adjustment of the amount of the fee based upon studies
468 and data submitted by the developer.
469 (3) The local political subdivision may include a provision in the impact fee enactment
470 that:
471 (a) exempts low income housing and other development activities with broad public
472 purposes from impact fees and establishes one or more sources of funds other than impact fees
473 to pay for that development activity;
474 (b) imposes an impact fee for public facility costs previously incurred by a local
475 political subdivision to the extent that new growth and development will be served by the
476 previously constructed improvement; and
477 (c) allows a credit against impact fees for any dedication of land for, improvement to,

478 or new construction of, any system improvements provided by the developer if the facilities:
479 (i) are identified in the capital facilities plan; and
480 (ii) are required by the local political subdivision as a condition of approving the
481 development activity.
482 (4) Except as provided in Subsection (3)(b), the local political subdivision may not
483 impose an impact fee to cure deficiencies in public facilities serving existing development.
484 (5) Notwithstanding the requirements and prohibitions of this chapter, a local political
485 subdivision may impose and assess an impact fee for environmental mitigation when:
486 (a) the local political subdivision has formally agreed to fund a Habitat Conservation
487 Plan to resolve conflicts with the Endangered Species Act of 1973, 16 U.S.C. Sec 1531, et seq.
488 or other state or federal environmental law or regulation;
489 (b) the impact fee bears a reasonable relationship to the environmental mitigation
490 required by the Habitat Conservation Plan; and
491 (c) the legislative body of the local political subdivision adopts an ordinance or
492 resolution:
493 (i) declaring that an impact fee is required to finance the Habitat Conservation Plan;
494 (ii) establishing periodic sunset dates for the impact fee; and
495 (iii) requiring the legislative body to:
496 (A) review the impact fee on those sunset dates;
497 (B) determine whether or not the impact fee is still required to finance the Habitat
498 Conservation Plan; and
499 (C) affirmatively reauthorize the impact fee if the legislative body finds that the impact
500 fee must remain in effect.
501 (6) Each political subdivision shall ensure that any existing impact fee for
502 environmental mitigation meets the requirements of Subsection (5) by July 1, 1995.
503 (7) Notwithstanding any other provision of this chapter[, municipalities]:
504 (a) a municipality imposing impact fees to fund fire trucks as of the effective date of
505 this act may impose impact fees for fire trucks until July 1, 1997[.]; and

506 (b) an impact fee to pay for a public safety facility that is a fire suppression vehicle
507 may not be imposed with respect to land that has a zoning designation other than commercial.
508 (8) Notwithstanding any other provision of this chapter, a local political subdivision
509 may impose and collect impact fees on behalf of a school district if authorized by Section
510 53A-20-100.5 .
511 Section 9. Section 17-27a-103 is amended to read:
512 17-27a-103. Definitions.
513 As used in this chapter:
514 (1) "Affected entity" means a county, municipality, independent special district under
515 Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter 2,
516 Local Districts, school district, interlocal cooperation entity established under Title 11, Chapter
517 13, Interlocal Cooperation Act, specified public utility, property owner, property owners
518 association, or the Utah Department of Transportation, if:
519 (a) the entity's services or facilities are likely to require expansion or significant
520 modification because of an intended use of land;
521 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
522 or
523 (c) the [entity's boundaries or facilities are within one mile of land that is the subject of
524 a general plan amendment or land use ordinance change] entity has filed with the county a
525 request for notice during the same calendar year and before the county provides notice to an
526 affected entity in compliance with a requirement imposed under this chapter.
527 (2) "Appeal authority" means the person, board, commission, agency, or other body
528 designated by ordinance to decide an appeal of a decision of a land use application or a
529 variance.
530 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
531 residential property if the sign is designed or intended to direct attention to a business, product,
532 or service that is not sold, offered, or existing on the property where the sign is located.
533 (4) "Charter school" includes:

534 (a) an operating charter school;
535 (b) a charter school applicant that has its application approved by a chartering entity in
536 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
537 (c) an entity who is working on behalf of a charter school or approved charter applicant
538 to develop or construct a charter school building.
539 (5) "Chief executive officer" means the person or body that exercises the executive
540 powers of the county.
541 (6) "Conditional use" means a land use that, because of its unique characteristics or
542 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
543 compatible in some areas or may be compatible only if certain conditions are required that
544 mitigate or eliminate the detrimental impacts.
545 (7) "Constitutional taking" means a governmental action that results in a taking of
546 private property so that compensation to the owner of the property is required by the:
547 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
548 (b) Utah Constitution Article I, Section 22.
549 (8) "Culinary water authority" means the department, agency, or public entity with
550 responsibility to review and approve the feasibility of the culinary water system and sources for
551 the subject property.
552 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
553 or more of a person's major life activities, including a person having a record of such an
554 impairment or being regarded as having such an impairment.
555 (b) "Disability" does not include current illegal use of, or addiction to, any federally
556 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
557 802.
558 (10) "Elderly person" means a person who is 60 years old or older, who desires or
559 needs to live with other elderly persons in a group setting, but who is capable of living
560 independently.
561 (11) "Gas corporation" has the same meaning as defined in Section 54-2-1 .

562 (12) "General plan" means a document that a county adopts that sets forth general
563 guidelines for proposed future development of the unincorporated land within the county.
564 (13) "Identical plans" means building plans submitted to a county that are substantially
565 identical building plans that were previously submitted to and reviewed and approved by the
566 county and describe a building that is:
567 (a) located on land zoned the same as the land on which the building described in the
568 previously approved plans is located; and
569 (b) subject to the same geological and meteorological conditions and the same law as
570 the building described in the previously approved plans.
571 (14) "Interstate pipeline company" means a person or entity engaged in natural gas
572 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
573 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
574 (15) "Intrastate pipeline company" means a person or entity engaged in natural gas
575 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
576 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
577 (16) "Land use application" means an application required by a county's land use
578 ordinance.
579 (17) "Land use authority" means a person, board, commission, agency, or other body
580 designated by the local legislative body to act upon a land use application.
581 (18) "Land use ordinance" means a planning, zoning, development, or subdivision
582 ordinance of the county, but does not include the general plan.
583 (19) "Legislative body" means the county legislative body, or for a county that has
584 adopted an alternative form of government, the body exercising legislative powers.
585 (20) "Lot line adjustment" means the relocation of the property boundary line in a
586 subdivision between two adjoining lots with the consent of the owners of record.
587 (21) "Moderate income housing" means housing occupied or reserved for occupancy
588 by households with a gross household income equal to or less than 80% of the median gross
589 income for households of the same size in the county in which the housing is located.

590 (22) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
591 and expenses incurred in:
592 (a) verifying that building plans are identical plans; and
593 (b) reviewing and approving those minor aspects of identical plans that differ from the
594 previously reviewed and approved building plans.
595 (23) "Noncomplying structure" means a structure that:
596 (a) legally existed before its current land use designation; and
597 (b) because of one or more subsequent land use ordinance changes, does not conform
598 to the setback, height restrictions, or other regulations, excluding those regulations that govern
599 the use of land.
600 (24) "Nonconforming use" means a use of land that:
601 (a) legally existed before its current land use designation;
602 (b) has been maintained continuously since the time the land use ordinance regulation
603 governing the land changed; and
604 (c) because of one or more subsequent land use ordinance changes, does not conform
605 to the regulations that now govern the use of the land.
606 (25) "Official map" means a map drawn by county authorities and recorded in the
607 county recorder's office that:
608 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
609 highways and other transportation facilities;
610 (b) provides a basis for restricting development in designated rights-of-way or between
611 designated setbacks to allow the government authorities time to purchase or otherwise reserve
612 the land; and
613 (c) has been adopted as an element of the county's general plan.
614 (26) "Person" means an individual, corporation, partnership, organization, association,
615 trust, governmental agency, or any other legal entity.
616 (27) "Plan for moderate income housing" means a written document adopted by a
617 county legislative body that includes:

618 (a) an estimate of the existing supply of moderate income housing located within the
619 county;
620 (b) an estimate of the need for moderate income housing in the county for the next five
621 years as revised biennially;
622 (c) a survey of total residential land use;
623 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
624 income housing; and
625 (e) a description of the county's program to encourage an adequate supply of moderate
626 income housing.
627 (28) "Plat" means a map or other graphical representation of lands being laid out and
628 prepared in accordance with Section 17-27a-603 , 17-23-17 , or 57-8-13 .
629 (29) "Public hearing" means a hearing at which members of the public are provided a
630 reasonable opportunity to comment on the subject of the hearing.
631 (30) "Public meeting" means a meeting that is required to be open to the public under
632 Title 52, Chapter 4, Open and Public Meetings.
633 (31) "Record of survey map" means a map of a survey of land prepared in accordance
634 with Section 17-23-17 .
635 (32) "Residential facility for elderly persons" means a single-family or multiple-family
636 dwelling unit that meets the requirements of Part 4, General Plan, but does not include a health
637 care facility as defined by Section 26-21-2 .
638 (33) "Residential facility for persons with a disability" means a residence:
639 (a) in which more than one person with a disability resides; and
640 (b) (i) is licensed or certified by the Department of Human Services under Title 62A,
641 Chapter 2, Licensure of Programs and Facilities; or
642 (ii) is licensed or certified by the Department of Health under Title 26, Chapter 21,
643 Health Care Facility Licensing and Inspection Act.
644 (34) "Sanitary sewer authority" means the department, agency, or public entity with
645 responsibility to review and approve the feasibility of sanitary sewer services or onsite

646 wastewater systems.
647 (35) "Special district" means any entity established under the authority of Title 17A,
648 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
649 municipality, school district, or unit of the state.
650 (36) "Specified public utility" means an electrical corporation, gas corporation, or
651 telephone corporation, as those terms are defined in Section 54-2-1 .
652 (37) "Street" means a public right-of-way, including a highway, avenue, boulevard,
653 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
654 way.
655 (38) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
656 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
657 purpose, whether immediate or future, for offer, sale, lease, or development either on the
658 installment plan or upon any and all other plans, terms, and conditions.
659 (b) "Subdivision" includes:
660 (i) the division or development of land whether by deed, metes and bounds description,
661 devise and testacy, map, plat, or other recorded instrument; and
662 (ii) except as provided in Subsection (38)(c), divisions of land for residential and
663 nonresidential uses, including land used or to be used for commercial, agricultural, and
664 industrial purposes.
665 (c) "Subdivision" does not include:
666 (i) a bona fide division or partition of agricultural land for agricultural purposes;
667 (ii) a recorded agreement between owners of adjoining properties adjusting their
668 mutual boundary if:
669 (A) no new lot is created; and
670 (B) the adjustment does not violate applicable land use ordinances;
671 (iii) a recorded document, executed by the owner of record:
672 (A) revising the legal description of more than one contiguous unsubdivided parcel of
673 property into one legal description encompassing all such parcels of property; or

674 (B) joining a subdivided parcel of property to another parcel of property that has not
675 been subdivided, if the joinder does not violate applicable land use ordinances; or
676 (iv) a bona fide division or partition of land in a county other than a first class county
677 for the purpose of siting, on one or more of the resulting separate parcels:
678 (A) an unmanned facility appurtenant to a pipeline owned or operated by a gas
679 corporation, interstate pipeline company, or intrastate pipeline company; or
680 (B) an unmanned telecommunications, microwave, fiber optic, electrical, or other
681 utility service regeneration, transformation, retransmission, or amplification facility.
682 (d) The joining of a subdivided parcel of property to another parcel of property that has
683 not been subdivided does not constitute a subdivision under this Subsection (38) as to the
684 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
685 ordinance.
686 (39) "Township" means a contiguous, geographically defined portion of the
687 unincorporated area of a county, established under this part or reconstituted or reinstated under
688 Section 17-27a-307 , with planning and zoning functions as exercised through the township
689 planning commission, as provided in this chapter, but with no legal or political identity
690 separate from the county and no taxing authority, except that "township" means a former
691 township under Chapter 308, Laws of Utah 1996 where the context so indicates.
692 (40) "Unincorporated" means the area outside of the incorporated area of a
693 municipality.
694 (41) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
695 land use zones, overlays, or districts.
696 Section 10. Section 17-27a-202 is amended to read:
697 17-27a-202. Applicant notice -- Waiver of requirements.
698 (1) For each land use application, the county shall:
699 (a) notify the applicant of the date, time, and place of each public hearing and public
700 meeting to consider the application [and];
701 (b) provide to each applicant a copy of each staff report regarding the applicant or the

702 pending application at least three business days before the public hearing or public meeting;
703 and
704 (c) notify the applicant of any final action on a pending application.
705 (2) If a county fails to comply with the requirements of Subsection (1)(a) or (b) or both,
706 an applicant may waive the failure so that the application may stay on the public hearing or
707 public meeting agenda and be considered as if the requirements had been met.
708 Section 11. Section 17-27a-508 is amended to read:
709 17-27a-508. When a land use applicant is entitled to approval -- Exception --
710 County required to comply with land use ordinances.
711 (1) (a) An applicant is entitled to approval of a land use application if the application
712 conforms to the requirements of an applicable land use ordinance in effect when a complete
713 application is submitted and all fees have been paid, unless:
714 (i) the land use authority, on the record, finds that a compelling, countervailing public
715 interest would be jeopardized by approving the application; or
716 (ii) in the manner provided by local ordinance and before the application is submitted,
717 the county has formally initiated proceedings to amend its ordinances in a manner that would
718 prohibit approval of the application as submitted.
719 (b) The county shall process an application without regard to proceedings initiated to
720 amend the county's ordinances if:
721 (i) 180 days have passed since the proceedings were initiated; and
722 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
723 application as submitted.
724 (c) An application for a land use approval is considered submitted and complete when
725 the application is provided in a form that complies with the requirements of applicable
726 ordinances and all applicable fees have been paid.
727 (d) The continuing validity of an approval of a land use application is conditioned upon
728 the applicant proceeding after approval to implement the approval with reasonable diligence.
729 (2) A county is bound by the terms and standards of applicable land use ordinances and

730 shall comply with mandatory provisions of those ordinances.
731 (3) Each county shall process and render a decision on each land use application with
732 reasonable diligence.
733 Section 12. Section 17-27a-603 is amended to read:
734 17-27a-603. Plat required when land is subdivided -- Approval of plat --
735 Recording plat.
736 (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
737 subdivision under Subsection 17-27a-103 [(37)](38), whenever any land is laid out and platted,
738 the owner of the land shall provide an accurate plat that describes or specifies:
739 (a) a name or designation of the subdivision that is distinct from any plat already
740 recorded in the county recorder's office;
741 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
742 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
743 intended to be used as a street or for any other public use, and whether any such area is
744 reserved or proposed for dedication for a public purpose;
745 (c) the lot or unit reference, block or building reference, street or site address, street
746 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
747 and width of the blocks and lots intended for sale; and
748 (d) every existing right-of-way and easement grant of record for underground facilities,
749 as defined in Section 54-8a-2 , and for other utility facilities.
750 (2) Subject to Subsections (3), (4), and (5), if the plat conforms to the county's
751 ordinances and this part and has been approved by the culinary water authority and the sanitary
752 sewer authority, the county shall approve the plat.
753 (3) The county may withhold an otherwise valid plat approval until the owner of the
754 land provides the legislative body with a tax clearance indicating that all taxes, interest, and
755 penalties owing on the land have been paid.
756 (4) (a) The owner of the land shall acknowledge the plat before an officer authorized
757 by law to take the acknowledgment of conveyances of real estate and shall obtain the signature

758 of each individual designated by the county.
759 (b) The surveyor making the plat shall certify that the surveyor:
760 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
761 Land Surveyors Licensing Act;
762 (ii) has completed a survey of the property described on the plat in accordance with
763 Section 17-23-17 and has verified all measurements; and
764 (iii) has placed monuments as represented on the plat.
765 (c) As applicable, the owner or operator of the underground and utility facilities shall
766 approve the:
767 (i) boundary, course, dimensions, and intended use of the right-of-way and easement
768 grants of record;
769 (ii) location of existing underground and utility facilities; and
770 (iii) conditions or restrictions governing the location of the facilities within the
771 right-of-way, and easement grants of records, and utility facilities within the subdivision.
772 (5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
773 land shall, within the time period designated by ordinance, record the plat in the county
774 recorder's office in the county in which the lands platted and laid out are situated.
775 (b) An owner's failure to record a plat within the time period designated by ordinance
776 renders the plat voidable.
777 Section 13. Section 17-36-37 is amended to read:
778 17-36-37. Budget officer -- Annual financial statement -- Contents.
779 (1) The budget officer of each county, within 180 days after the close of each fiscal
780 period or, for a county that has adopted a fiscal period that is a biennial period, within 180 days
781 after both the midpoint and the close of the fiscal period, except as provided by Section
782 17-36-38 , shall prepare and make available to the governing body an annual financial report
783 which shall contain:
784 (a) a statement of revenues and expenditures and a comparison with the budget of the
785 general fund, similar statements of all other funds for which budgets are required, and

786 statements of revenues and expenditures or of income and expense, as the case may be, of all
787 other operating funds of the county;
788 (b) a balance sheet of each fund and a combined balance sheet of all funds as of:
789 (i) for a county that has adopted a fiscal period that is a biennial period, the midpoint
790 and the close of the fiscal period; and
791 (ii) for each other county, the close of the fiscal period; or
792 (c) any other reports the governing body may require, including work performance
793 data, tax levies, taxable values, details of bonded indebtedness, and historical facts of interest
794 to the governing body and the public.
795 (2) Each annual financial report required under Subsection (1) shall identify impact fee
796 funds by the year in which they were received, the project from which the funds were collected,
797 the capital projects for which the funds are budgeted, and the projected schedule for
798 expenditure.
799 [(2)] (3) Copies of the annual report shall be furnished to the state auditor and made a
800 matter of public record in the office of the budget officer.
801 Section 14. Section 17A-1-443 is amended to read:
802 17A-1-443. Annual financial reports -- Independent audit reports.
803 (1) (a) Within 180 days after the close of each fiscal year, the district shall prepare an
804 annual financial report in conformity with generally accepted accounting principles as
805 prescribed in the Uniform Accounting Manual for Special Districts. [This requirement]
806 (b) Each annual financial report shall identify impact fee funds by the year in which
807 they were received, the project from which the funds were collected, the capital projects for
808 which the funds are budgeted, and the projected schedule for expenditure.
809 (2) The requirement under Subsection (1)(a) to prepare an annual financial report may
810 be satisfied by presentation of the audit report furnished by the independent auditor.
811 (3) Copies of the annual financial report or the audit report furnished by the
812 independent auditor shall be filed with the state auditor and shall be filed as a public document
813 in the district office.

814