S.B. 153 Enrolled

1

COUNTY AND MUNICIPAL LAND USE
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Mark B. Madsen
6 House Sponsor: Michael T. Morley
7
8 LONG TITLE
9 General Description:
10 This bill modifies county and municipal land use provisions.
11 Highlighted Provisions:
12 This bill:
13 . prohibits counties and municipalities from requiring, as a condition of land use
14 application approval, a person to obtain documentation regarding a school district's
15 willingness, capacity, or ability to serve the development proposed in the land use
16 application;
17 . prohibits counties and municipalities from charging fees that exceed applicable
18 costs; and
19 . requires counties and municipalities, on request, to itemize and show the basis of
20 fees they impose.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 10-9a-509, as last amended by Laws of Utah 2008, Chapters 112 and 279
28 10-9a-510, as renumbered and amended by Laws of Utah 2005, Chapter 254
29 17-27a-508, as last amended by Laws of Utah 2008, Chapters 112 and 279

30 17-27a-509, as renumbered and amended by Laws of Utah 2005, Chapter 254
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 10-9a-509 is amended to read:
34 10-9a-509. Applicant's entitlement to land use application approval --
35 Exceptions -- Application relating to land in a high priority transportation corridor --
36 Municipality's requirements and limitations.
37 (1) (a) Except as provided in Subsection (1)(b), an applicant is entitled to approval of
38 a land use application if the application conforms to the requirements of the municipality's
39 land use maps, zoning map, and applicable land use ordinance in effect when a complete
40 application is submitted and all fees have been paid, unless:
41 (i) the land use authority, on the record, finds that a compelling, countervailing public
42 interest would be jeopardized by approving the application; or
43 (ii) in the manner provided by local ordinance and before the application is submitted,
44 the municipality has formally initiated proceedings to amend its ordinances in a manner that
45 would prohibit approval of the application as submitted.
46 (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
47 of a land use application until the requirements of this Subsection (1)(b) have been met if the
48 land use application relates to land located within the boundaries of a high priority
49 transportation corridor designated in accordance with Section 72-5-403 .
50 (ii) (A) A municipality shall notify the executive director of the Department of
51 Transportation of any land use applications that relate to land located within the boundaries of
52 a high priority transportation corridor.
53 (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
54 certified or registered mail to the executive director of the Department of Transportation.
55 (iii) Except as provided in Subsection (1)(c), a municipality may not approve a land
56 use application that relates to land located within the boundaries of a high priority
57 transportation corridor until:

58 (A) 30 days after the notification under Subsection (1)(b)(ii) is received by the
59 Department of Transportation if the land use application is for a building permit; or
60 (B) 45 days after the notification under Subsection (1)(b)(ii) is received by the
61 Department of Transportation if the land use application is for any land use other than a
62 building permit.
63 (c) (i) A land use application is exempt from the requirements of Subsection (1)(b) if:
64 (A) the land use application relates to land that was the subject of a previous land use
65 application; and
66 (B) the previous land use application described under Subsection (1)(c)(i)(A)
67 complied with the requirements of Subsection (1)(b).
68 (ii) A municipality may approve a land use application without making the required
69 notifications under Subsection (1)(b) if:
70 (A) the land use application relates to land that was the subject of a previous land use
71 application; and
72 (B) the previous land use application described under Subsection (1)(c)(ii)(A)
73 complied with the requirements of Subsection (1)(b).
74 (d) After a municipality has complied with the requirements of Subsection (1)(b) for a
75 land use application, the municipality may not withhold approval of the land use application
76 for which the applicant is otherwise entitled under Subsection (1)(a).
77 (e) The municipality shall process an application without regard to proceedings
78 initiated to amend the municipality's ordinances if:
79 (i) 180 days have passed since the proceedings were initiated; and
80 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
81 application as submitted.
82 (f) An application for a land use approval is considered submitted and complete when
83 the application is provided in a form that complies with the requirements of applicable
84 ordinances and all applicable fees have been paid.
85 (g) The continuing validity of an approval of a land use application is conditioned

86 upon the applicant proceeding after approval to implement the approval with reasonable
87 diligence.
88 (h) A municipality may not impose on a holder of an issued land use permit or
89 approved subdivision plat a requirement that is not expressed:
90 (i) in the land use permit or subdivision plat, documents on which the land use permit
91 or subdivision plat is based, or the written record evidencing approval of the land use permit
92 or subdivision plat; or
93 (ii) in this chapter or the municipality's ordinances.
94 (i) A municipality may not withhold issuance of a certificate of occupancy or
95 acceptance of subdivision improvements because of an applicant's failure to comply with a
96 requirement that is not expressed:
97 (i) in the building permit or subdivision plat, documents on which the building permit
98 or subdivision plat is based, or the written record evidencing approval of the land use permit
99 or subdivision plat; or
100 (ii) in this chapter or the municipality's ordinances.
101 (2) A municipality is bound by the terms and standards of applicable land use
102 ordinances and shall comply with mandatory provisions of those ordinances.
103 (3) A municipality may not, as a condition of land use application approval, require a
104 person filing a land use application to obtain documentation regarding a school district's
105 willingness, capacity, or ability to serve the development proposed in the land use application.
106 Section 2. Section 10-9a-510 is amended to read:
107 10-9a-510. Limit on fees for building plans, land use applications, and
108 inspections or reviews -- Itemization of fees.
109 (1) A municipality may not impose or collect a fee for reviewing or approving the
110 plans for a commercial or residential building that exceeds the lesser of:
111 (a) the actual cost of performing the plan review; and
112 (b) 65% of the amount the municipality charges for a building permit fee for that
113 building.

114 (2) Subject to Subsection (1), a municipality may impose and collect only a nominal
115 fee for reviewing and approving identical plans.
116 (3) A municipality may not impose or collect:
117 (a) a land use application fee that exceeds the cost of processing the application; or
118 (b) an inspection or review fee that exceeds the cost of performing the inspection or
119 review.
120 (4) Upon the request of an applicant or an owner of residential property, the
121 municipality shall itemize each fee that the municipality imposes on the applicant or on the
122 residential property, respectively, showing the basis of each calculation for each fee imposed.
123 Section 3. Section 17-27a-508 is amended to read:
124 17-27a-508. Applicant's entitlement to land use application approval --
125 Exceptions -- Application relating to land in a high priority transportation corridor --
126 County's requirements and limitations.
127 (1) (a) Except as provided in Subsection (1)(b), an applicant is entitled to approval of
128 a land use application if the application conforms to the requirements of the county's land use
129 maps, zoning map, and applicable land use ordinance in effect when a complete application is
130 submitted and all fees have been paid, unless:
131 (i) the land use authority, on the record, finds that a compelling, countervailing public
132 interest would be jeopardized by approving the application; or
133 (ii) in the manner provided by local ordinance and before the application is submitted,
134 the county has formally initiated proceedings to amend its ordinances in a manner that would
135 prohibit approval of the application as submitted.
136 (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
137 of a land use application until the requirements of this Subsection (1)(b) have been met if the
138 land use application relates to land located within the boundaries of a high priority
139 transportation corridor designated in accordance with Section 72-5-403 .
140 (ii) (A) A county shall notify the executive director of the Department of
141 Transportation of any land use applications that relate to land located within the boundaries of

142 a high priority transportation corridor.
143 (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
144 certified or registered mail to the executive director of the Department of Transportation.
145 (iii) Except as provided in Subsection (1)(c), a county may not approve a land use
146 application that relates to land located within the boundaries of a high priority transportation
147 corridor until:
148 (A) 30 days after the notification under Subsection (1)(b)(ii) is received by the
149 Department of Transportation if the land use application is for a building permit; or
150 (B) 45 days after the notification under Subsection (1)(b)(ii) is received by the
151 Department of Transportation if the land use application is for any land use other than a
152 building permit.
153 (c) (i) A land use application is exempt from the requirements of Subsection (1)(b) if:
154 (A) the land use application relates to land that was the subject of a previous land use
155 application; and
156 (B) the previous land use application described under Subsection (1)(c)(i)(A)
157 complied with the requirements of Subsection (1)(b).
158 (ii) A county may approve a land use application without making the required
159 notifications under Subsection (1)(b) if:
160 (A) the land use application relates to land that was the subject of a previous land use
161 application; and
162 (B) the previous land use application described under Subsection (1)(c)(ii)(A)
163 complied with the requirements of Subsection (1)(b).
164 (d) After a county has complied with the requirements of Subsection (1)(b) for a land
165 use application, the county may not withhold approval of the land use application for which
166 the applicant is otherwise entitled under Subsection (1)(a).
167 (e) The county shall process an application without regard to proceedings initiated to
168 amend the county's ordinances if:
169 (i) 180 days have passed since the proceedings were initiated; and

170 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
171 application as submitted.
172 (f) An application for a land use approval is considered submitted and complete when
173 the application is provided in a form that complies with the requirements of applicable
174 ordinances and all applicable fees have been paid.
175 (g) The continuing validity of an approval of a land use application is conditioned
176 upon the applicant proceeding after approval to implement the approval with reasonable
177 diligence.
178 (h) A county may not impose on a holder of an issued land use permit or approved
179 subdivision plat a requirement that is not expressed:
180 (i) in the land use permit or subdivision plat documents on which the land use permit
181 or subdivision plat is based, or the written record evidencing approval of the land use permit
182 or subdivision plat; or
183 (ii) in this chapter or the county's ordinances.
184 (i) A county may not withhold issuance of a certificate of occupancy or acceptance of
185 subdivision improvements because of an applicant's failure to comply with a requirement that
186 is not expressed:
187 (i) in the building permit or subdivision plat, documents on which the building permit
188 or subdivision plat is based, or the written record evidencing approval of the building permit
189 or subdivision plat; or
190 (ii) in this chapter or the county's ordinances.
191 (2) A county is bound by the terms and standards of applicable land use ordinances
192 and shall comply with mandatory provisions of those ordinances.
193 (3) A county may not, as a condition of land use application approval, require a person
194 filing a land use application to obtain documentation regarding a school district's willingness,
195 capacity, or ability to serve the development proposed in the land use application.
196 Section 4. Section 17-27a-509 is amended to read:
197 17-27a-509. Limit on fee for building plans, land use applications, and

198 inspections or reviews -- Itemization of fees.
199 (1) A county may not impose or collect a fee for reviewing or approving the plans for a
200 commercial or residential building that exceeds the lesser of:
201 (a) the actual cost of performing the plan review; and
202 (b) 65% of the amount the county charges for a building permit fee for that building.
203 (2) Subject to Subsection (1), a county may impose and collect only a nominal fee for
204 reviewing and approving identical plans.
205 (3) A county may not impose or collect:
206 (a) a land use application fee that exceeds the cost of processing the application; or
207 (b) an inspection or review fee that exceeds the cost of performing the inspection or
208 review.
209 (4) Upon the request of an applicant or an owner of residential property, the county
210 shall itemize each fee that the county imposes on the applicant or on the residential property,
211 respectively, showing the basis of each calculation for each fee imposed.