First Substitute H.B. 298

This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 2, 2010 at 2:46 PM by rday. -->

Representative Ben C. Ferry proposes the following substitute bill:

1 LAND USE AUTHORITY NOTIFICATION OF
2 CANAL DEVELOPMENT
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ben C. Ferry
6 Senate Sponsor: Dennis E. Stowell
7
8 LONG TITLE
9 General Description:
10 This bill requires a municipal or a county land use authority to notify a canal company
11 or canal operator of a land use application to develop within 100 feet of a canal.
12 Highlighted Provisions:
13 This bill:
14 . amends notification requirements;
15 . requires a municipal or a county land use authority to notify a canal company or
16 canal operator of a land use application to develop within 100 feet of a canal; and
17 . makes technical corrections.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 10-9a-509, as last amended by Laws of Utah 2009, Chapters 181 and 225
25 17-27a-508, as last amended by Laws of Utah 2009, Chapters 181 and 225

26 ENACTS:
27 10-9a-211, Utah Code Annotated 1953
28 17-27a-211, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 10-9a-211 is enacted to read:
32 10-9a-211. Canal owner or operator -- Notice to municipality.
33 (1) For purposes of Subsection 10-9a-509 (1)(b)(iv), a canal company or a canal
34 operator shall provide on or before July 1, 2010, any municipality in which the canal company
35 or canal operator owns or operates a canal:
36 (a) a current mailing address and phone number;
37 (b) a contact name; and
38 (c) a general description of the location of each canal owned or operated by the canal
39 owner or canal operator.
40 (2) If the information described in Subsection (1) changes after a canal company or a
41 canal operator has provided the information to the municipality, the canal company or canal
42 operator shall provide the correct information within 30 days of the day on which the
43 information was changed.
44 Section 2. Section 10-9a-509 is amended to read:
45 10-9a-509. Applicant's entitlement to land use application approval -- Exceptions
46 -- Application relating to land in a high priority transportation corridor -- Municipality's
47 requirements and limitations -- Vesting upon submission of development plan and
48 schedule.
49 (1) (a) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
50 land use application if the application conforms to the requirements of the municipality's land
51 use maps, zoning map, and applicable land use ordinance in effect when a complete application
52 is submitted and all application fees have been paid, unless:
53 (i) the land use authority, on the record, finds that a compelling, countervailing public
54 interest would be jeopardized by approving the application; or
55 (ii) in the manner provided by local ordinance and before the application is submitted,
56 the municipality has formally initiated proceedings to amend its ordinances in a manner that

57 would prohibit approval of the application as submitted.
58 (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
59 of a land use application until the requirements of this Subsection (1)(b) have been met if the
60 land use application relates to land located within the boundaries of a high priority
61 transportation corridor designated in accordance with Section 72-5-403 .
62 (ii) (A) A municipality shall notify the executive director of the Department of
63 Transportation of any land use applications that relate to land located within the boundaries of
64 a high priority transportation corridor.
65 (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
66 certified or registered mail to the executive director of the Department of Transportation.
67 (iii) Except as provided in Subsection (1)(c), a municipality may not approve a land
68 use application that relates to land located within the boundaries of a high priority
69 transportation corridor until:
70 (A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
71 Department of Transportation if the land use application is for a building permit; or
72 (B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
73 Department of Transportation if the land use application is for any land use other than a
74 building permit.
75 (iv) (A) If an application is an application for a subdivision approval, including any
76 land S. , subject to Subsection (1)(b)(iv)(C), .S located within 100 feet of the center line of a
76a canal, the land use authority shall:
77 (I) within 30 days after the day on which the application is filed, notify the canal
78 company or canal operator responsible for the canal, if the canal company or canal operator has
79 provided information under Section 10-9a-211 ; and
80 (II) wait at least 10 days after the day on which the land use authority notifies a canal
81 company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
82 subdivision application described in Subsection (1)(b)(iv)(A).
83 (B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
84 certified or registered mail to the canal company or canal operator contact described in Section
85 10-9a-211 .
85a S. (C) The location of land described in Subsection (1)(b)(iv)(A) shall be:
85b (I) provided by a canal company or canal operator to the land use authority; and
85c (II) (Aa) determined by use of mapping-grade global positioning satellite units;
85d or
85e (Bb) digitized from the most recent areal photo available to the canal
85f company or canal operator. .S
86 (c) (i) A land use application is exempt from the requirements of [Subsection]

87 Subsections (1)(b)(i) and (ii) if:

88 (A) the land use application relates to land that was the subject of a previous land use
89 application; and
90 (B) the previous land use application described under Subsection (1)(c)(i)(A) complied
91 with the requirements of [Subsection] Subsections (1)(b)(i) and (ii).
92 (ii) A municipality may approve a land use application without making the required
93 notifications under Subsection (1)(b)(ii)(A) if:
94 (A) the land use application relates to land that was the subject of a previous land use
95 application; and
96 (B) the previous land use application described under Subsection (1)(c)(ii)(A)
97 complied with the requirements of [Subsection] Subsections (1)(b)(i) and (ii).
98 (d) After a municipality has complied with the requirements of Subsection (1)(b) for a
99 land use application, the municipality may not withhold approval of the land use application for
100 which the applicant is otherwise entitled under Subsection (1)(a).
101 (e) The municipality shall process an application without regard to proceedings
102 initiated to amend the municipality's ordinances as provided in Subsection (1)(a)(ii) if:
103 (i) 180 days have passed since the proceedings were initiated; and
104 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
105 application as submitted.
106 (f) An application for a land use approval is considered submitted and complete when
107 the application is provided in a form that complies with the requirements of applicable
108 ordinances and all applicable fees have been paid.
109 (g) The continuing validity of an approval of a land use application is conditioned upon
110 the applicant proceeding after approval to implement the approval with reasonable diligence.
111 (h) A municipality may not impose on a holder of an issued land use permit or
112 approved subdivision plat a requirement that is not expressed:
113 (i) in the land use permit or subdivision plat, documents on which the land use permit
114 or subdivision plat is based, or the written record evidencing approval of the land use permit or
115 subdivision plat; or
116 (ii) in this chapter or the municipality's ordinances.
117 (i) A municipality may not withhold issuance of a certificate of occupancy or
118 acceptance of subdivision improvements because of an applicant's failure to comply with a

119 requirement that is not expressed:
120 (i) in the building permit or subdivision plat, documents on which the building permit
121 or subdivision plat is based, or the written record evidencing approval of the land use permit or
122 subdivision plat; or
123 (ii) in this chapter or the municipality's ordinances.
124 (2) A municipality is bound by the terms and standards of applicable land use
125 ordinances and shall comply with mandatory provisions of those ordinances.
126 (3) A municipality may not, as a condition of land use application approval, require a
127 person filing a land use application to obtain documentation regarding a school district's
128 willingness, capacity, or ability to serve the development proposed in the land use application.
129 (4) Upon a specified public agency's submission of a development plan and schedule as
130 required in Subsection 10-9a-305 (9) that complies with the requirements of that subsection, the
131 specified public agency vests in the municipality's applicable land use maps, zoning map,
132 hookup fees, impact fees, other applicable development fees, and land use ordinances in effect
133 on the date of submission.
134 Section 3. Section 17-27a-211 is enacted to read:
135 17-27a-211. Canal owner or operator -- Notice to county.
136 (1) For purposes of Subsection 17-27a-508 (1)(b)(iv), a canal company or a canal
137 operator shall provide on or before July 1, 2010, any county in which the canal company or
138 canal operator owns or operates a canal:
139 (a) a current mailing address and phone number;
140 (b) a contact name; and
141 (c) a general description of the location of each canal owned or operated by the canal
142 owner or canal operator.
143 (2) If the information described in Subsection (1) changes after a canal company or a
144 canal operator has provided the information to the county, the canal company or canal operator
145 shall provide the correct information within 30 days of the day on which the information was
146 changed.
147 Section 4. Section 17-27a-508 is amended to read:
148 17-27a-508. Applicant's entitlement to land use application approval --
149 Exceptions -- Application relating to land in a high priority transportation corridor --

150 County's requirements and limitations -- Vesting upon submission of development plan
151 and schedule.
152 (1) (a) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
153 land use application if the application conforms to the requirements of the county's land use
154 maps, zoning map, and applicable land use ordinance in effect when a complete application is
155 submitted and all application fees have been paid, unless:
156 (i) the land use authority, on the record, finds that a compelling, countervailing public
157 interest would be jeopardized by approving the application; or
158 (ii) in the manner provided by local ordinance and before the application is submitted,
159 the county has formally initiated proceedings to amend its ordinances in a manner that would
160 prohibit approval of the application as submitted.
161 (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
162 of a land use application until the requirements of this [Subsection] Subsections (1)(b)(i) and
163 (ii) have been met if the land use application relates to land located within the boundaries of a
164 high priority transportation corridor designated in accordance with Section 72-5-403 .
165 (ii) (A) A county shall notify the executive director of the Department of
166 Transportation of any land use applications that relate to land located within the boundaries of
167 a high priority transportation corridor.
168 (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
169 certified or registered mail to the executive director of the Department of Transportation.
170 (iii) Except as provided in Subsection (1)(c), a county may not approve a land use
171 application that relates to land located within the boundaries of a high priority transportation
172 corridor until:
173 (A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
174 Department of Transportation if the land use application is for a building permit; or
175 (B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
176 Department of Transportation if the land use application is for any land use other than a
177 building permit.
178 (iv) (A) If an application is an application for a subdivision approval, including any
179 land S. , subject to Subsection (1)(b)(iv)(C), .S located within 100 feet of the center line of a
179a canal, the land use authority shall:
180 (I) within 30 days after the day on which the application is filed, notify the canal

181 company or canal operator responsible for the canal, if the canal company or canal owner has
182 provided information under Section 17-2a-211 ; and
183 (II) wait at least 10 days after the day on which the land use authority notifies a canal
184 company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
185 subdivision application described in Subsection (1)(b)(iv)(A).
186 (B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
187 certified or registered mail to the canal company or canal operator contact described in Section
188 17-27a-211 .
188a S. (C) The location of land described in Subsection (1)(b)(iv)(A) shall be:
188b (I) provided by a canal company or canal operator to the land use authority; and
188c (II) (Aa) determined by use of mapping-grade global positioning satellite units;
188d or
188e (Bb) digitized from the most recent areal photo available to the canal
188f company or canal operator. .S
189 (c) (i) A land use application is exempt from the requirements of Subsection (1)(b)(i)
190 if:
191 (A) the land use application relates to land that was the subject of a previous land use
192 application; and
193 (B) the previous land use application described under Subsection (1)(c)(i)(A) complied
194 with the requirements of [Subsection] Subsections (1)(b)(i) and (ii).
195 (ii) A county may approve a land use application without making the required
196 notifications under [Subsection] Subsections (1)(b)(i) and (ii) if:
197 (A) the land use application relates to land that was the subject of a previous land use
198 application; and
199 (B) the previous land use application described under Subsection (1)(c)(ii)(A)
200 complied with the requirements of [Subsection] Subsections (1)(b)(i) and (ii).
201 (d) After a county has complied with the requirements of Subsection (1)(b) for a land
202 use application, the county may not withhold approval of the land use application for which the
203 applicant is otherwise entitled under Subsection (1)(a).
204 (e) The county shall process an application without regard to proceedings initiated to
205 amend the county's ordinances as provided in Subsection (1)(a)(ii) if:
206 (i) 180 days have passed since the proceedings were initiated; and
207 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
208 application as submitted.
209 (f) An application for a land use approval is considered submitted and complete when
210 the application is provided in a form that complies with the requirements of applicable
211 ordinances and all applicable fees have been paid.

212 (g) The continuing validity of an approval of a land use application is conditioned upon
213 the applicant proceeding after approval to implement the approval with reasonable diligence.
214 (h) A county may not impose on a holder of an issued land use permit or approved
215 subdivision plat a requirement that is not expressed:
216 (i) in the land use permit or subdivision plat documents on which the land use permit
217 or subdivision plat is based, or the written record evidencing approval of the land use permit or
218 subdivision plat; or
219 (ii) in this chapter or the county's ordinances.
220 (i) A county may not withhold issuance of a certificate of occupancy or acceptance of
221 subdivision improvements because of an applicant's failure to comply with a requirement that
222 is not expressed:
223 (i) in the building permit or subdivision plat, documents on which the building permit
224 or subdivision plat is based, or the written record evidencing approval of the building permit or
225 subdivision plat; or
226 (ii) in this chapter or the county's ordinances.
227 (2) A county is bound by the terms and standards of applicable land use ordinances and
228 shall comply with mandatory provisions of those ordinances.
229 (3) A county may not, as a condition of land use application approval, require a person
230 filing a land use application to obtain documentation regarding a school district's willingness,
231 capacity, or ability to serve the development proposed in the land use application.
232 (4) Upon a specified public agency's submission of a development plan and schedule as
233 required in Subsection 17-27a-305 (9) that complies with the requirements of that subsection,
234 the specified public agency vests in the county's applicable land use maps, zoning map, hookup
235 fees, impact fees, other applicable development fees, and land use ordinances in effect on the
236 date of submission.