H.B. 220 Enrolled
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to land use.
10 Highlighted Provisions:
11 This bill:
12 . clarifies the definition of land use authority;
13 . allows a land use applicant a substantive review of the application in certain
14 circumstances;
15 . requires the land use authority to provide notice of a petition to vacate or amend a
16 plat to each entity that provides a service to an owner of record of the portion of the
17 plat that is being vacated or amended at least 10 calendar days before the land use
18 authority may approve the vacation or amendment of the plat;
19 . provides that a recorded, amended plat vacates a previously recorded plat;
20 . provides that a recorded vacating ordinance replaces a previously recorded plat
21 described in the vacating ordinance;
22 . requires that an amended plat be signed by the land use authority; and
23 . makes technical corrections.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 10-9a-103 , as last amended by Laws of Utah 2013, Chapters 309 and 334
31 10-9a-509 , as last amended by Laws of Utah 2012, Chapter 216
32 10-9a-608 , as last amended by Laws of Utah 2010, Chapters 269 and 381
33 10-9a-609 , as last amended by Laws of Utah 2010, Chapter 381
34 17-27a-103 , as last amended by Laws of Utah 2013, Chapters 309, 334, and 476
35 17-27a-508 , as last amended by Laws of Utah 2012, Chapter 216
36 17-27a-608 , as last amended by Laws of Utah 2010, Chapters 269 and 381
37 17-27a-609 , as last amended by Laws of Utah 2010, Chapter 381
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39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 10-9a-103 is amended to read:
41 10-9a-103. Definitions.
42 As used in this chapter:
43 (1) "Affected entity" means a county, municipality, local district, special service
44 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
45 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
46 public utility, property owner, property owners association, or the Utah Department of
47 Transportation, if:
48 (a) the entity's services or facilities are likely to require expansion or significant
49 modification because of an intended use of land;
50 (b) the entity has filed with the municipality a copy of the entity's general or long-range
51 plan; or
52 (c) the entity has filed with the municipality a request for notice during the same
53 calendar year and before the municipality provides notice to an affected entity in compliance
54 with a requirement imposed under this chapter.
55 (2) "Appeal authority" means the person, board, commission, agency, or other body
56 designated by ordinance to decide an appeal of a decision of a land use application or a
57 variance.
58 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
59 residential property if the sign is designed or intended to direct attention to a business, product,
60 or service that is not sold, offered, or existing on the property where the sign is located.
61 (4) (a) "Charter school" means:
62 (i) an operating charter school;
63 (ii) a charter school applicant that has its application approved by a chartering entity in
64 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
65 (iii) an entity that is working on behalf of a charter school or approved charter
66 applicant to develop or construct a charter school building.
67 (b) "Charter school" does not include a therapeutic school.
68 (5) "Conditional use" means a land use that, because of its unique characteristics or
69 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
70 compatible in some areas or may be compatible only if certain conditions are required that
71 mitigate or eliminate the detrimental impacts.
72 (6) "Constitutional taking" means a governmental action that results in a taking of
73 private property so that compensation to the owner of the property is required by the:
74 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
75 (b) Utah Constitution Article I, Section 22.
76 (7) "Culinary water authority" means the department, agency, or public entity with
77 responsibility to review and approve the feasibility of the culinary water system and sources for
78 the subject property.
79 (8) "Development activity" means:
80 (a) any construction or expansion of a building, structure, or use that creates additional
81 demand and need for public facilities;
82 (b) any change in use of a building or structure that creates additional demand and need
83 for public facilities; or
84 (c) any change in the use of land that creates additional demand and need for public
85 facilities.
86 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
87 or more of a person's major life activities, including a person having a record of such an
88 impairment or being regarded as having such an impairment.
89 (b) "Disability" does not include current illegal use of, or addiction to, any federally
90 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
91 802.
92 (10) "Educational facility":
93 (a) means:
94 (i) a school district's building at which pupils assemble to receive instruction in a
95 program for any combination of grades from preschool through grade 12, including
96 kindergarten and a program for children with disabilities;
97 (ii) a structure or facility:
98 (A) located on the same property as a building described in Subsection (10)(a)(i); and
99 (B) used in support of the use of that building; and
100 (iii) a building to provide office and related space to a school district's administrative
101 personnel; and
102 (b) does not include:
103 (i) land or a structure, including land or a structure for inventory storage, equipment
104 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
105 (A) not located on the same property as a building described in Subsection (10)(a)(i);
106 and
107 (B) used in support of the purposes of a building described in Subsection (10)(a)(i); or
108 (ii) a therapeutic school.
109 (11) "Fire authority" means the department, agency, or public entity with responsibility
110 to review and approve the feasibility of fire protection and suppression services for the subject
111 property.
112 (12) "Flood plain" means land that:
113 (a) is within the 100-year flood plain designated by the Federal Emergency
114 Management Agency; or
115 (b) has not been studied or designated by the Federal Emergency Management Agency
116 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
117 the land has characteristics that are similar to those of a 100-year flood plain designated by the
118 Federal Emergency Management Agency.
119 (13) "General plan" means a document that a municipality adopts that sets forth general
120 guidelines for proposed future development of the land within the municipality.
121 (14) "Geologic hazard" means:
122 (a) a surface fault rupture;
123 (b) shallow groundwater;
124 (c) liquefaction;
125 (d) a landslide;
126 (e) a debris flow;
127 (f) unstable soil;
128 (g) a rock fall; or
129 (h) any other geologic condition that presents a risk:
130 (i) to life;
131 (ii) of substantial loss of real property; or
132 (iii) of substantial damage to real property.
133 (15) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
134 meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
135 utility system.
136 (16) "Identical plans" means building plans submitted to a municipality that:
137 (a) are clearly marked as "identical plans";
138 (b) are substantially identical to building plans that were previously submitted to and
139 reviewed and approved by the municipality; and
140 (c) describe a building that:
141 (i) is located on land zoned the same as the land on which the building described in the
142 previously approved plans is located;
143 (ii) is subject to the same geological and meteorological conditions and the same law
144 as the building described in the previously approved plans;
145 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
146 and approved by the municipality; and
147 (iv) does not require any additional engineering or analysis.
148 (17) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
149 Impact Fees Act.
150 (18) "Improvement completion assurance" means a surety bond, letter of credit, cash,
151 or other security required by a municipality to guaranty the proper completion of landscaping
152 or infrastructure that the land use authority has required as a condition precedent to:
153 (a) recording a subdivision plat; or
154 (b) beginning development activity.
155 (19) "Improvement warranty" means an applicant's unconditional warranty that the
156 accepted landscaping or infrastructure:
157 (a) complies with the municipality's written standards for design, materials, and
158 workmanship; and
159 (b) will not fail in any material respect, as a result of poor workmanship or materials,
160 within the improvement warranty period.
161 (20) "Improvement warranty period" means a period:
162 (a) no later than one year after a municipality's acceptance of required landscaping; or
163 (b) no later than one year after a municipality's acceptance of required infrastructure,
164 unless the municipality:
165 (i) determines for good cause that a one-year period would be inadequate to protect the
166 public health, safety, and welfare; and
167 (ii) has substantial evidence, on record:
168 (A) of prior poor performance by the applicant; or
169 (B) that the area upon which the infrastructure will be constructed contains suspect soil
170 and the municipality has not otherwise required the applicant to mitigate the suspect soil.
171 (21) "Internal lot restriction" means a platted note, platted demarcation, or platted
172 designation that:
173 (a) runs with the land; and
174 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
175 the plat; or
176 (ii) designates a development condition that is enclosed within the perimeter of a lot
177 described on the plat.
178 (22) "Land use application" means an application required by a municipality's land use
179 ordinance.
180 (23) "Land use authority" means:
181 (a) a person, board, commission, agency, or [
182 body, designated by the local legislative body to act upon a land use application[
183 (b) if the local legislative body has not designated a person, board, commission,
184 agency, or body, the local legislative body.
185 (24) "Land use ordinance" means a planning, zoning, development, or subdivision
186 ordinance of the municipality, but does not include the general plan.
187 (25) "Land use permit" means a permit issued by a land use authority.
188 (26) "Legislative body" means the municipal council.
189 (27) "Local district" means an entity under Title 17B, Limited Purpose Local
190 Government Entities - Local Districts, and any other governmental or quasi-governmental
191 entity that is not a county, municipality, school district, or the state.
192 (28) "Lot line adjustment" means the relocation of the property boundary line in a
193 subdivision between two adjoining lots with the consent of the owners of record.
194 (29) "Moderate income housing" means housing occupied or reserved for occupancy
195 by households with a gross household income equal to or less than 80% of the median gross
196 income for households of the same size in the county in which the city is located.
197 (30) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
198 spent and expenses incurred in:
199 (a) verifying that building plans are identical plans; and
200 (b) reviewing and approving those minor aspects of identical plans that differ from the
201 previously reviewed and approved building plans.
202 (31) "Noncomplying structure" means a structure that:
203 (a) legally existed before its current land use designation; and
204 (b) because of one or more subsequent land use ordinance changes, does not conform
205 to the setback, height restrictions, or other regulations, excluding those regulations, which
206 govern the use of land.
207 (32) "Nonconforming use" means a use of land that:
208 (a) legally existed before its current land use designation;
209 (b) has been maintained continuously since the time the land use ordinance governing
210 the land changed; and
211 (c) because of one or more subsequent land use ordinance changes, does not conform
212 to the regulations that now govern the use of the land.
213 (33) "Official map" means a map drawn by municipal authorities and recorded in a
214 county recorder's office that:
215 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
216 highways and other transportation facilities;
217 (b) provides a basis for restricting development in designated rights-of-way or between
218 designated setbacks to allow the government authorities time to purchase or otherwise reserve
219 the land; and
220 (c) has been adopted as an element of the municipality's general plan.
221 (34) "Parcel boundary adjustment" means a recorded agreement between owners of
222 adjoining properties adjusting their mutual boundary if:
223 (a) no additional parcel is created; and
224 (b) each property identified in the agreement is unsubdivided land, including a
225 remainder of subdivided land.
226 (35) "Person" means an individual, corporation, partnership, organization, association,
227 trust, governmental agency, or any other legal entity.
228 (36) "Plan for moderate income housing" means a written document adopted by a city
229 legislative body that includes:
230 (a) an estimate of the existing supply of moderate income housing located within the
231 city;
232 (b) an estimate of the need for moderate income housing in the city for the next five
233 years as revised biennially;
234 (c) a survey of total residential land use;
235 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
236 income housing; and
237 (e) a description of the city's program to encourage an adequate supply of moderate
238 income housing.
239 (37) "Plat" means a map or other graphical representation of lands being laid out and
240 prepared in accordance with Section 10-9a-603 , 17-23-17 , or 57-8-13 .
241 (38) "Potential geologic hazard area" means an area that:
242 (a) is designated by a Utah Geological Survey map, county geologist map, or other
243 relevant map or report as needing further study to determine the area's potential for geologic
244 hazard; or
245 (b) has not been studied by the Utah Geological Survey or a county geologist but
246 presents the potential of geologic hazard because the area has characteristics similar to those of
247 a designated geologic hazard area.
248 (39) "Public agency" means:
249 (a) the federal government;
250 (b) the state;
251 (c) a county, municipality, school district, local district, special service district, or other
252 political subdivision of the state; or
253 (d) a charter school.
254 (40) "Public hearing" means a hearing at which members of the public are provided a
255 reasonable opportunity to comment on the subject of the hearing.
256 (41) "Public meeting" means a meeting that is required to be open to the public under
257 Title 52, Chapter 4, Open and Public Meetings Act.
258 (42) "Receiving zone" means an area of a municipality that the municipality
259 designates, by ordinance, as an area in which an owner of land may receive a transferable
260 development right.
261 (43) "Record of survey map" means a map of a survey of land prepared in accordance
262 with Section 17-23-17 .
263 (44) "Residential facility for persons with a disability" means a residence:
264 (a) in which more than one person with a disability resides; and
265 (b) (i) which is licensed or certified by the Department of Human Services under Title
266 62A, Chapter 2, Licensure of Programs and Facilities; or
267 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
268 21, Health Care Facility Licensing and Inspection Act.
269 (45) "Rules of order and procedure" means a set of rules that govern and prescribe in a
270 public meeting:
271 (a) parliamentary order and procedure;
272 (b) ethical behavior; and
273 (c) civil discourse.
274 (46) "Sanitary sewer authority" means the department, agency, or public entity with
275 responsibility to review and approve the feasibility of sanitary sewer services or onsite
276 wastewater systems.
277 (47) "Sending zone" means an area of a municipality that the municipality designates,
278 by ordinance, as an area from which an owner of land may transfer a transferable development
279 right.
280 (48) "Specified public agency" means:
281 (a) the state;
282 (b) a school district; or
283 (c) a charter school.
284 (49) "Specified public utility" means an electrical corporation, gas corporation, or
285 telephone corporation, as those terms are defined in Section 54-2-1 .
286 (50) "State" includes any department, division, or agency of the state.
287 (51) "Street" means a public right-of-way, including a highway, avenue, boulevard,
288 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
289 way.
290 (52) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
291 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
292 purpose, whether immediate or future, for offer, sale, lease, or development either on the
293 installment plan or upon any and all other plans, terms, and conditions.
294 (b) "Subdivision" includes:
295 (i) the division or development of land whether by deed, metes and bounds description,
296 devise and testacy, map, plat, or other recorded instrument; and
297 (ii) except as provided in Subsection (52)(c), divisions of land for residential and
298 nonresidential uses, including land used or to be used for commercial, agricultural, and
299 industrial purposes.
300 (c) "Subdivision" does not include:
301 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
302 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
303 neither the resulting combined parcel nor the parcel remaining from the division or partition
304 violates an applicable land use ordinance;
305 (ii) a recorded agreement between owners of adjoining unsubdivided properties
306 adjusting their mutual boundary if:
307 (A) no new lot is created; and
308 (B) the adjustment does not violate applicable land use ordinances;
309 (iii) a recorded document, executed by the owner of record:
310 (A) revising the legal description of more than one contiguous unsubdivided parcel of
311 property into one legal description encompassing all such parcels of property; or
312 (B) joining a subdivided parcel of property to another parcel of property that has not
313 been subdivided, if the joinder does not violate applicable land use ordinances;
314 (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
315 their mutual boundary if:
316 (A) no new dwelling lot or housing unit will result from the adjustment; and
317 (B) the adjustment will not violate any applicable land use ordinance;
318 (v) a bona fide division or partition of land by deed or other instrument where the land
319 use authority expressly approves in writing the division in anticipation of further land use
320 approvals on the parcel or parcels; or
321 (vi) a parcel boundary adjustment.
322 (d) The joining of a subdivided parcel of property to another parcel of property that has
323 not been subdivided does not constitute a subdivision under this Subsection (52) as to the
324 unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
325 subdivision ordinance.
326 (53) "Suspect soil" means soil that has:
327 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
328 3% swell potential;
329 (b) bedrock units with high shrink or swell susceptibility; or
330 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
331 commonly associated with dissolution and collapse features.
332 (54) "Therapeutic school" means a residential group living facility:
333 (a) for four or more individuals who are not related to:
334 (i) the owner of the facility; or
335 (ii) the primary service provider of the facility;
336 (b) that serves students who have a history of failing to function:
337 (i) at home;
338 (ii) in a public school; or
339 (iii) in a nonresidential private school; and
340 (c) that offers:
341 (i) room and board; and
342 (ii) an academic education integrated with:
343 (A) specialized structure and supervision; or
344 (B) services or treatment related to a disability, an emotional development, a
345 behavioral development, a familial development, or a social development.
346 (55) "Transferable development right" means a right to develop and use land that
347 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
348 land use rights from a designated sending zone to a designated receiving zone.
349 (56) "Unincorporated" means the area outside of the incorporated area of a city or
350 town.
351 (57) "Water interest" means any right to the beneficial use of water, including:
352 (a) each of the rights listed in Section 73-1-11 ; and
353 (b) an ownership interest in the right to the beneficial use of water represented by:
354 (i) a contract; or
355 (ii) a share in a water company, as defined in Section 73-3-3.5 .
356 (58) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
357 land use zones, overlays, or districts.
358 Section 2. Section 10-9a-509 is amended to read:
359 10-9a-509. Applicant's entitlement to land use application approval -- Exceptions
360 -- Application relating to land in a high priority transportation corridor -- Municipality's
361 requirements and limitations -- Vesting upon submission of development plan and
362 schedule.
363 (1) (a) (i) An applicant who has filed a complete land use application, including the
364 payment of all application fees, is entitled to substantive land use review of the land use
365 application under the land use laws in effect on the date that the application is complete and as
366 further provided in this section.
367 (ii) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
368 land use application if the application conforms to the requirements of the municipality's land
369 use maps, zoning map, a municipal specification for public improvements applicable to a
370 subdivision or development, and an applicable land use ordinance in effect when a complete
371 application is submitted and all application fees have been paid, unless:
372 [
373 public interest would be jeopardized by approving the application; or
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375 submitted, the municipality has formally initiated proceedings to amend its ordinances in a
376 manner that would prohibit approval of the application as submitted.
377 (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
378 of a land use application until the requirements of this Subsection (1)(b) have been met if the
379 land use application relates to land located within the boundaries of a high priority
380 transportation corridor designated in accordance with Section 72-5-403 .
381 (ii) (A) A municipality shall notify the executive director of the Department of
382 Transportation of any land use applications that relate to land located within the boundaries of
383 a high priority transportation corridor.
384 (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
385 certified or registered mail to the executive director of the Department of Transportation.
386 (iii) Except as provided in Subsection (1)(c), a municipality may not approve a land
387 use application that relates to land located within the boundaries of a high priority
388 transportation corridor until:
389 (A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
390 Department of Transportation if the land use application is for a building permit; or
391 (B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
392 Department of Transportation if the land use application is for any land use other than a
393 building permit.
394 (iv) (A) If an application is an application for a subdivision approval, including any
395 land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
396 the land use authority shall:
397 (I) within 30 days after the day on which the application is filed, notify the canal
398 company or canal operator responsible for the canal, if the canal company or canal operator has
399 provided information under Section 10-9a-211 ; and
400 (II) wait at least 10 days after the day on which the land use authority notifies a canal
401 company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
402 subdivision application described in Subsection (1)(b)(iv)(A).
403 (B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
404 certified or registered mail to the canal company or canal operator contact described in Section
405 10-9a-211 .
406 (C) The location of land described in Subsection (1)(b)(iv)(A) shall be:
407 (I) provided by a canal company or canal operator to the land use authority; and
408 (II) (Aa) determined by use of mapping-grade global positioning satellite units; or
409 (Bb) digitized from the most recent aerial photo available to the canal company or
410 canal operator.
411 (c) (i) A land use application is exempt from the requirements of Subsections (1)(b)(i)
412 and (ii) if:
413 (A) the land use application relates to land that was the subject of a previous land use
414 application; and
415 (B) the previous land use application described under Subsection (1)(c)(i)(A) complied
416 with the requirements of Subsections (1)(b)(i) and (ii).
417 (ii) A municipality may approve a land use application without making the required
418 notifications under Subsection (1)(b)(ii)(A) if:
419 (A) the land use application relates to land that was the subject of a previous land use
420 application; and
421 (B) the previous land use application described under Subsection (1)(c)(ii)(A)
422 complied with the requirements of Subsections (1)(b)(i) and (ii).
423 (d) After a municipality has complied with the requirements of Subsection (1)(b) for a
424 land use application, the municipality may not withhold approval of the land use application for
425 which the applicant is otherwise entitled under Subsection (1)(a).
426 (e) The municipality shall process an application without regard to proceedings
427 initiated to amend the municipality's ordinances as provided in Subsection (1)(a)(ii)(B) if:
428 (i) 180 days have passed since the proceedings were initiated; and
429 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
430 application as submitted.
431 (f) An application for a land use approval is considered submitted and complete when
432 the application is provided in a form that complies with the requirements of applicable
433 ordinances and all applicable fees have been paid.
434 (g) The continuing validity of an approval of a land use application is conditioned upon
435 the applicant proceeding after approval to implement the approval with reasonable diligence.
436 (h) A municipality may not impose on an applicant who has submitted a complete
437 application for preliminary subdivision approval a requirement that is not expressed in:
438 (i) this chapter;
439 (ii) a municipal ordinance; or
440 (iii) a municipal specification for public improvements applicable to a subdivision or
441 development that is in effect on the date that the applicant submits an application.
442 (i) A municipality may not impose on a holder of an issued land use permit or a final,
443 unexpired subdivision plat a requirement that is not expressed:
444 (i) in a land use permit;
445 (ii) on the subdivision plat;
446 (iii) in a document on which the land use permit or subdivision plat is based;
447 (iv) in the written record evidencing approval of the land use permit or subdivision
448 plat;
449 (v) in this chapter; or
450 (vi) in a municipal ordinance.
451 (j) A municipality may not withhold issuance of a certificate of occupancy or
452 acceptance of subdivision improvements because of an applicant's failure to comply with a
453 requirement that is not expressed:
454 (i) in the building permit or subdivision plat, documents on which the building permit
455 or subdivision plat is based, or the written record evidencing approval of the land use permit or
456 subdivision plat; or
457 (ii) in this chapter or the municipality's ordinances.
458 (2) A municipality is bound by the terms and standards of applicable land use
459 ordinances and shall comply with mandatory provisions of those ordinances.
460 (3) A municipality may not, as a condition of land use application approval, require a
461 person filing a land use application to obtain documentation regarding a school district's
462 willingness, capacity, or ability to serve the development proposed in the land use application.
463 (4) Upon a specified public agency's submission of a development plan and schedule as
464 required in Subsection 10-9a-305 (8) that complies with the requirements of that subsection, the
465 specified public agency vests in the municipality's applicable land use maps, zoning map,
466 hookup fees, impact fees, other applicable development fees, and land use ordinances in effect
467 on the date of submission.
468 Section 3. Section 10-9a-608 is amended to read:
469 10-9a-608. Vacating, altering, or amending a subdivision plat.
470 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
471 subdivision that has been laid out and platted as provided in this part may file a written petition
472 with the land use authority to have some or all of the plat vacated or amended.
473 (b) If a petition is filed under Subsection (1)(a), the land use authority shall provide
474 notice of the petition by mail, email, or other effective means to each affected entity that
475 provides a service to an owner of record of the portion of the plat that is being vacated or
476 amended at least 10 calendar days before the land use authority may approve the vacation or
477 amendment of the plat.
478 [
479 public hearing within 45 days after the day on which the petition is filed if:
480 (i) any owner within the plat notifies the municipality of the owner's objection in
481 writing within 10 days of mailed notification; or
482 (ii) a public hearing is required because all of the owners in the subdivision have not
483 signed the revised plat.
484 (2) Unless a local ordinance provides otherwise, the public hearing requirement of
485 Subsection (1)[
486 an owner's petition to vacate or amend a subdivision plat if:
487 (a) the petition seeks to:
488 (i) join two or more of the petitioner fee owner's contiguous lots;
489 (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
490 result in a violation of a land use ordinance or a development condition;
491 (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
492 adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located
493 in the same subdivision;
494 (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
495 imposed by the local political subdivision; or
496 (v) alter the plat in a manner that does not change existing boundaries or other
497 attributes of lots within the subdivision that are not:
498 (A) owned by the petitioner; or
499 (B) designated as a common area; and
500 (b) notice has been given to adjacent property owners in accordance with any
501 applicable local ordinance.
502 (3) Each request to vacate or amend a plat that contains a request to vacate or amend a
503 public street, right-of-way, or easement is also subject to Section 10-9a-609.5 .
504 (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include:
505 (a) the name and address of each owner of record of the land contained in the entire
506 plat or on that portion of the plat described in the petition; and
507 (b) the signature of each owner described in Subsection (4)(a) who consents to the
508 petition.
509 (5) (a) The owners of record of adjacent parcels that are described by either a metes
510 and bounds description or by a recorded plat may exchange title to portions of those parcels if
511 the exchange of title is approved by the land use authority in accordance with Subsection
512 (5)(b).
513 (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
514 the exchange of title will not result in a violation of any land use ordinance.
515 (c) If an exchange of title is approved under Subsection (5)(b):
516 (i) a notice of approval shall be recorded in the office of the county recorder which:
517 (A) is executed by each owner included in the exchange and by the land use authority;
518 (B) contains an acknowledgment for each party executing the notice in accordance with
519 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
520 (C) recites the descriptions of both the original parcels and the parcels created by the
521 exchange of title; and
522 (ii) a document of conveyance shall be recorded in the office of the county recorder.
523 (d) A notice of approval recorded under this Subsection (5) does not act as a
524 conveyance of title to real property and is not required in order to record a document conveying
525 title to real property.
526 (6) (a) The name of a recorded subdivision may be changed by recording an amended
527 plat making that change, as provided in this section and subject to Subsection (6)(c).
528 (b) The surveyor preparing the amended plat shall certify that the surveyor:
529 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
530 Professional Land Surveyors Licensing Act;
531 (ii) has completed a survey of the property described on the plat in accordance with
532 Section 17-23-17 and has verified all measurements; and
533 (iii) has placed monuments as represented on the plat.
534 (c) An owner of land may not submit for recording an amended plat that gives the
535 subdivision described in the amended plat the same name as a subdivision in a plat already
536 recorded in the county recorder's office.
537 (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
538 document that purports to change the name of a recorded plat is void.
539 Section 4. Section 10-9a-609 is amended to read:
540 10-9a-609. Land use authority approval of vacation or amendment of plat --
541 Recording the amended plat.
542 (1) The land use authority may approve the vacation or amendment of a plat by signing
543 an amended plat showing the vacation or amendment if the land use authority finds that:
544 (a) there is good cause for the vacation or amendment; and
545 (b) no public street, right-of-way, or easement has been vacated or amended.
546 (2) (a) The land use authority shall ensure that the amended plat showing the vacation
547 or amendment is recorded in the office of the county recorder in which the land is located.
548 (b) If the amended plat is approved and recorded in accordance with this section, the
549 recorded plat shall vacate, supersede, and replace any contrary provision in a previously
550 recorded plat of the same land.
551 (3) (a) A legislative body may vacate a subdivision or a portion of a subdivision by
552 recording in the county recorder's office an ordinance describing the subdivision or the portion
553 being vacated.
554 (b) The recorded vacating ordinance shall replace a previously recorded plat described
555 in the vacating ordinance.
556 (4) An amended plat may not be submitted to the county recorder for recording unless
557 it is [
558
559 (a) signed by the land use authority; and
560 (b) signed, acknowledged, and dedicated by each owner of record of the portion of the
561 plat that is amended.
562 (5) A management committee may sign and dedicate an amended plat as provided in
563 Title 57, Chapter 8, Condominium Ownership Act.
564 (6) A plat may be corrected as provided in Section 57-3-106 .
565 Section 5. Section 17-27a-103 is amended to read:
566 17-27a-103. Definitions.
567 As used in this chapter:
568 (1) "Affected entity" means a county, municipality, local district, special service
569 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
570 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
571 property owner, property owners association, public utility, or the Utah Department of
572 Transportation, if:
573 (a) the entity's services or facilities are likely to require expansion or significant
574 modification because of an intended use of land;
575 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
576 or
577 (c) the entity has filed with the county a request for notice during the same calendar
578 year and before the county provides notice to an affected entity in compliance with a
579 requirement imposed under this chapter.
580 (2) "Appeal authority" means the person, board, commission, agency, or other body
581 designated by ordinance to decide an appeal of a decision of a land use application or a
582 variance.
583 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
584 residential property if the sign is designed or intended to direct attention to a business, product,
585 or service that is not sold, offered, or existing on the property where the sign is located.
586 (4) (a) "Charter school" means:
587 (i) an operating charter school;
588 (ii) a charter school applicant that has its application approved by a chartering entity in
589 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
590 (iii) an entity that is working on behalf of a charter school or approved charter
591 applicant to develop or construct a charter school building.
592 (b) "Charter school" does not include a therapeutic school.
593 (5) "Chief executive officer" means the person or body that exercises the executive
594 powers of the county.
595 (6) "Conditional use" means a land use that, because of its unique characteristics or
596 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
597 compatible in some areas or may be compatible only if certain conditions are required that
598 mitigate or eliminate the detrimental impacts.
599 (7) "Constitutional taking" means a governmental action that results in a taking of
600 private property so that compensation to the owner of the property is required by the:
601 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
602 (b) Utah Constitution Article I, Section 22.
603 (8) "Culinary water authority" means the department, agency, or public entity with
604 responsibility to review and approve the feasibility of the culinary water system and sources for
605 the subject property.
606 (9) "Development activity" means:
607 (a) any construction or expansion of a building, structure, or use that creates additional
608 demand and need for public facilities;
609 (b) any change in use of a building or structure that creates additional demand and need
610 for public facilities; or
611 (c) any change in the use of land that creates additional demand and need for public
612 facilities.
613 (10) (a) "Disability" means a physical or mental impairment that substantially limits
614 one or more of a person's major life activities, including a person having a record of such an
615 impairment or being regarded as having such an impairment.
616 (b) "Disability" does not include current illegal use of, or addiction to, any federally
617 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
618 802.
619 (11) "Educational facility":
620 (a) means:
621 (i) a school district's building at which pupils assemble to receive instruction in a
622 program for any combination of grades from preschool through grade 12, including
623 kindergarten and a program for children with disabilities;
624 (ii) a structure or facility:
625 (A) located on the same property as a building described in Subsection (11)(a)(i); and
626 (B) used in support of the use of that building; and
627 (iii) a building to provide office and related space to a school district's administrative
628 personnel; and
629 (b) does not include:
630 (i) land or a structure, including land or a structure for inventory storage, equipment
631 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
632 (A) not located on the same property as a building described in Subsection (11)(a)(i);
633 and
634 (B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
635 (ii) a therapeutic school.
636 (12) "Fire authority" means the department, agency, or public entity with responsibility
637 to review and approve the feasibility of fire protection and suppression services for the subject
638 property.
639 (13) "Flood plain" means land that:
640 (a) is within the 100-year flood plain designated by the Federal Emergency
641 Management Agency; or
642 (b) has not been studied or designated by the Federal Emergency Management Agency
643 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
644 the land has characteristics that are similar to those of a 100-year flood plain designated by the
645 Federal Emergency Management Agency.
646 (14) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
647 (15) "General plan" means a document that a county adopts that sets forth general
648 guidelines for proposed future development of the unincorporated land within the county.
649 (16) "Geologic hazard" means:
650 (a) a surface fault rupture;
651 (b) shallow groundwater;
652 (c) liquefaction;
653 (d) a landslide;
654 (e) a debris flow;
655 (f) unstable soil;
656 (g) a rock fall; or
657 (h) any other geologic condition that presents a risk:
658 (i) to life;
659 (ii) of substantial loss of real property; or
660 (iii) of substantial damage to real property.
661 [
662 line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
663 utility system.
664 [
665 (a) are clearly marked as "identical plans";
666 (b) are substantially identical building plans that were previously submitted to and
667 reviewed and approved by the county; and
668 (c) describe a building that:
669 (i) is located on land zoned the same as the land on which the building described in the
670 previously approved plans is located;
671 (ii) is subject to the same geological and meteorological conditions and the same law
672 as the building described in the previously approved plans;
673 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
674 and approved by the county; and
675 (iv) does not require any additional engineering or analysis.
676 [
677 36a, Impact Fees Act.
678 [
679 cash, or other security required by a county to guaranty the proper completion of landscaping or
680 infrastructure that the land use authority has required as a condition precedent to:
681 (a) recording a subdivision plat; or
682 (b) beginning development activity.
683 [
684 the accepted landscaping or infrastructure:
685 (a) complies with the county's written standards for design, materials, and
686 workmanship; and
687 (b) will not fail in any material respect, as a result of poor workmanship or materials,
688 within the improvement warranty period.
689 [
690 (a) no later than one year after a county's acceptance of required landscaping; or
691 (b) no later than one year after a county's acceptance of required infrastructure, unless
692 the county:
693 (i) determines for good cause that a one-year period would be inadequate to protect the
694 public health, safety, and welfare; and
695 (ii) has substantial evidence, on record:
696 (A) of prior poor performance by the applicant; or
697 (B) that the area upon which the infrastructure will be constructed contains suspect soil
698 and the county has not otherwise required the applicant to mitigate the suspect soil.
699 [
700 platted designation that:
701 (a) runs with the land; and
702 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
703 the plat; or
704 (ii) designates a development condition that is enclosed within the perimeter of a lot
705 described on the plat.
706 (24) "Interstate pipeline company" means a person or entity engaged in natural gas
707 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
708 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
709 (25) "Intrastate pipeline company" means a person or entity engaged in natural gas
710 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
711 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
712 (26) "Land use application" means an application required by a county's land use
713 ordinance.
714 (27) "Land use authority" means:
715 (a) a person, board, commission, agency, or [
716 body, designated by the local legislative body to act upon a land use application[
717 (b) if the local legislative body has not designated a person, board, commission,
718 agency, or body, the local legislative body.
719 (28) "Land use ordinance" means a planning, zoning, development, or subdivision
720 ordinance of the county, but does not include the general plan.
721 (29) "Land use permit" means a permit issued by a land use authority.
722 (30) "Legislative body" means the county legislative body, or for a county that has
723 adopted an alternative form of government, the body exercising legislative powers.
724 (31) "Local district" means any entity under Title 17B, Limited Purpose Local
725 Government Entities - Local Districts, and any other governmental or quasi-governmental
726 entity that is not a county, municipality, school district, or the state.
727 (32) "Lot line adjustment" means the relocation of the property boundary line in a
728 subdivision between two adjoining lots with the consent of the owners of record.
729 (33) "Moderate income housing" means housing occupied or reserved for occupancy
730 by households with a gross household income equal to or less than 80% of the median gross
731 income for households of the same size in the county in which the housing is located.
732 (34) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
733 and expenses incurred in:
734 (a) verifying that building plans are identical plans; and
735 (b) reviewing and approving those minor aspects of identical plans that differ from the
736 previously reviewed and approved building plans.
737 (35) "Noncomplying structure" means a structure that:
738 (a) legally existed before its current land use designation; and
739 (b) because of one or more subsequent land use ordinance changes, does not conform
740 to the setback, height restrictions, or other regulations, excluding those regulations that govern
741 the use of land.
742 (36) "Nonconforming use" means a use of land that:
743 (a) legally existed before its current land use designation;
744 (b) has been maintained continuously since the time the land use ordinance regulation
745 governing the land changed; and
746 (c) because of one or more subsequent land use ordinance changes, does not conform
747 to the regulations that now govern the use of the land.
748 (37) "Official map" means a map drawn by county authorities and recorded in the
749 county recorder's office that:
750 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
751 highways and other transportation facilities;
752 (b) provides a basis for restricting development in designated rights-of-way or between
753 designated setbacks to allow the government authorities time to purchase or otherwise reserve
754 the land; and
755 (c) has been adopted as an element of the county's general plan.
756 (38) "Parcel boundary adjustment" means a recorded agreement between owners of
757 adjoining properties adjusting their mutual boundary if:
758 (a) no additional parcel is created; and
759 (b) each property identified in the agreement is unsubdivided land, including a
760 remainder of subdivided land.
761 (39) "Person" means an individual, corporation, partnership, organization, association,
762 trust, governmental agency, or any other legal entity.
763 (40) "Plan for moderate income housing" means a written document adopted by a
764 county legislative body that includes:
765 (a) an estimate of the existing supply of moderate income housing located within the
766 county;
767 (b) an estimate of the need for moderate income housing in the county for the next five
768 years as revised biennially;
769 (c) a survey of total residential land use;
770 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
771 income housing; and
772 (e) a description of the county's program to encourage an adequate supply of moderate
773 income housing.
774 (41) "Plat" means a map or other graphical representation of lands being laid out and
775 prepared in accordance with Section 17-27a-603 , 17-23-17 , or 57-8-13 .
776 (42) "Potential geologic hazard area" means an area that:
777 (a) is designated by a Utah Geological Survey map, county geologist map, or other
778 relevant map or report as needing further study to determine the area's potential for geologic
779 hazard; or
780 (b) has not been studied by the Utah Geological Survey or a county geologist but
781 presents the potential of geologic hazard because the area has characteristics similar to those of
782 a designated geologic hazard area.
783 (43) "Public agency" means:
784 (a) the federal government;
785 (b) the state;
786 (c) a county, municipality, school district, local district, special service district, or other
787 political subdivision of the state; or
788 (d) a charter school.
789 (44) "Public hearing" means a hearing at which members of the public are provided a
790 reasonable opportunity to comment on the subject of the hearing.
791 (45) "Public meeting" means a meeting that is required to be open to the public under
792 Title 52, Chapter 4, Open and Public Meetings Act.
793 (46) "Receiving zone" means an unincorporated area of a county that the county
794 designates, by ordinance, as an area in which an owner of land may receive a transferable
795 development right.
796 (47) "Record of survey map" means a map of a survey of land prepared in accordance
797 with Section 17-23-17 .
798 (48) "Residential facility for persons with a disability" means a residence:
799 (a) in which more than one person with a disability resides; and
800 (b) (i) which is licensed or certified by the Department of Human Services under Title
801 62A, Chapter 2, Licensure of Programs and Facilities; or
802 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
803 21, Health Care Facility Licensing and Inspection Act.
804 (49) "Rules of order and procedure" means a set of rules that govern and prescribe in a
805 public meeting:
806 (a) parliamentary order and procedure;
807 (b) ethical behavior; and
808 (c) civil discourse.
809 (50) "Sanitary sewer authority" means the department, agency, or public entity with
810 responsibility to review and approve the feasibility of sanitary sewer services or onsite
811 wastewater systems.
812 (51) "Sending zone" means an unincorporated area of a county that the county
813 designates, by ordinance, as an area from which an owner of land may transfer a transferable
814 development right.
815 (52) "Site plan" means a document or map that may be required by a county during a
816 preliminary review preceding the issuance of a building permit to demonstrate that an owner's
817 or developer's proposed development activity meets a land use requirement.
818 (53) "Specified public agency" means:
819 (a) the state;
820 (b) a school district; or
821 (c) a charter school.
822 (54) "Specified public utility" means an electrical corporation, gas corporation, or
823 telephone corporation, as those terms are defined in Section 54-2-1 .
824 (55) "State" includes any department, division, or agency of the state.
825 (56) "Street" means a public right-of-way, including a highway, avenue, boulevard,
826 parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
827 way.
828 (57) (a) "Subdivision" means any land that is divided, resubdivided or proposed to be
829 divided into two or more lots, parcels, sites, units, plots, or other division of land for the
830 purpose, whether immediate or future, for offer, sale, lease, or development either on the
831 installment plan or upon any and all other plans, terms, and conditions.
832 (b) "Subdivision" includes:
833 (i) the division or development of land whether by deed, metes and bounds description,
834 devise and testacy, map, plat, or other recorded instrument; and
835 (ii) except as provided in Subsection (57)(c), divisions of land for residential and
836 nonresidential uses, including land used or to be used for commercial, agricultural, and
837 industrial purposes.
838 (c) "Subdivision" does not include:
839 (i) a bona fide division or partition of agricultural land for agricultural purposes;
840 (ii) a recorded agreement between owners of adjoining properties adjusting their
841 mutual boundary if:
842 (A) no new lot is created; and
843 (B) the adjustment does not violate applicable land use ordinances;
844 (iii) a recorded document, executed by the owner of record:
845 (A) revising the legal description of more than one contiguous unsubdivided parcel of
846 property into one legal description encompassing all such parcels of property; or
847 (B) joining a subdivided parcel of property to another parcel of property that has not
848 been subdivided, if the joinder does not violate applicable land use ordinances;
849 (iv) a bona fide division or partition of land in a county other than a first class county
850 for the purpose of siting, on one or more of the resulting separate parcels:
851 (A) an electrical transmission line or a substation;
852 (B) a natural gas pipeline or a regulation station; or
853 (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
854 utility service regeneration, transformation, retransmission, or amplification facility;
855 (v) a recorded agreement between owners of adjoining subdivided properties adjusting
856 their mutual boundary if:
857 (A) no new dwelling lot or housing unit will result from the adjustment; and
858 (B) the adjustment will not violate any applicable land use ordinance;
859 (vi) a bona fide division or partition of land by deed or other instrument where the land
860 use authority expressly approves in writing the division in anticipation of further land use
861 approvals on the parcel or parcels; or
862 (vii) a parcel boundary adjustment.
863 (d) The joining of a subdivided parcel of property to another parcel of property that has
864 not been subdivided does not constitute a subdivision under this Subsection (57) as to the
865 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
866 ordinance.
867 (58) "Suspect soil" means soil that has:
868 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
869 3% swell potential;
870 (b) bedrock units with high shrink or swell susceptibility; or
871 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
872 commonly associated with dissolution and collapse features.
873 (59) "Therapeutic school" means a residential group living facility:
874 (a) for four or more individuals who are not related to:
875 (i) the owner of the facility; or
876 (ii) the primary service provider of the facility;
877 (b) that serves students who have a history of failing to function:
878 (i) at home;
879 (ii) in a public school; or
880 (iii) in a nonresidential private school; and
881 (c) that offers:
882 (i) room and board; and
883 (ii) an academic education integrated with:
884 (A) specialized structure and supervision; or
885 (B) services or treatment related to a disability, an emotional development, a
886 behavioral development, a familial development, or a social development.
887 (60) "Township" means a contiguous, geographically defined portion of the
888 unincorporated area of a county, established under this part or reconstituted or reinstated under
889 Section 17-27a-306 , with planning and zoning functions as exercised through the township
890 planning commission, as provided in this chapter, but with no legal or political identity
891 separate from the county and no taxing authority, except that "township" means a former
892 township under Laws of Utah 1996, Chapter 308, where the context so indicates.
893 (61) "Transferable development right" means a right to develop and use land that
894 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
895 land use rights from a designated sending zone to a designated receiving zone.
896 (62) "Unincorporated" means the area outside of the incorporated area of a
897 municipality.
898 (63) "Water interest" means any right to the beneficial use of water, including:
899 (a) each of the rights listed in Section 73-1-11 ; and
900 (b) an ownership interest in the right to the beneficial use of water represented by:
901 (i) a contract; or
902 (ii) a share in a water company, as defined in Section 73-3-3.5 .
903 (64) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts
904 land use zones, overlays, or districts.
905 Section 6. Section 17-27a-508 is amended to read:
906 17-27a-508. Applicant's entitlement to land use application approval --
907 Exceptions -- Application relating to land in a high priority transportation corridor --
908 County's requirements and limitations -- Vesting upon submission of development plan
909 and schedule.
910 (1) (a) (i) An applicant who has filed a complete land use application, including the
911 payment of all application fees, is entitled to substantive land use review of the land use
912 application under the land use laws in effect on the date that the application is complete and as
913 further provided in this section.
914 (ii) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
915 land use application if the application conforms to the requirements of the county's land use
916 maps, zoning map, and applicable land use ordinance in effect when a complete application is
917 submitted and all application fees have been paid, unless:
918 [
919 public interest would be jeopardized by approving the application; or
920 [
921 submitted, the county has formally initiated proceedings to amend its ordinances in a manner
922 that would prohibit approval of the application as submitted.
923 (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
924 of a land use application until the requirements of this Subsection (1)(b)(i) and Subsection
925 (1)(b)(ii) have been met if the land use application relates to land located within the boundaries
926 of a high priority transportation corridor designated in accordance with Section 72-5-403 .
927 (ii) (A) A county shall notify the executive director of the Department of
928 Transportation of any land use applications that relate to land located within the boundaries of
929 a high priority transportation corridor.
930 (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
931 certified or registered mail to the executive director of the Department of Transportation.
932 (iii) Except as provided in Subsection (1)(c), a county may not approve a land use
933 application that relates to land located within the boundaries of a high priority transportation
934 corridor until:
935 (A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
936 Department of Transportation if the land use application is for a building permit; or
937 (B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
938 Department of Transportation if the land use application is for any land use other than a
939 building permit.
940 (iv) (A) If an application is an application for a subdivision approval, including any
941 land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
942 the land use authority shall:
943 (I) within 30 days after the day on which the application is filed, notify the canal
944 company or canal operator responsible for the canal, if the canal company or canal owner has
945 provided information under Section 17-27a-211 ; and
946 (II) wait at least 10 days after the day on which the land use authority notifies a canal
947 company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
948 subdivision application described in Subsection (1)(b)(iv)(A).
949 (B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
950 certified or registered mail to the canal company or canal operator contact described in Section
951 17-27a-211 .
952 (C) The location of land described in Subsection (1)(b)(iv)(A) shall be:
953 (I) provided by a canal company or canal operator to the land use authority; and
954 (II) (Aa) determined by use of mapping-grade global positioning satellite units; or
955 (Bb) digitized from the most recent aerial photo available to the canal company or
956 canal operator.
957 (c) (i) A land use application is exempt from the requirements of Subsection (1)(b)(i)
958 if:
959 (A) the land use application relates to land that was the subject of a previous land use
960 application; and
961 (B) the previous land use application described under Subsection (1)(c)(i)(A) complied
962 with the requirements of Subsections (1)(b)(i) and (ii).
963 (ii) A county may approve a land use application without making the required
964 notifications under Subsections (1)(b)(i) and (ii) if:
965 (A) the land use application relates to land that was the subject of a previous land use
966 application; and
967 (B) the previous land use application described under Subsection (1)(c)(ii)(A)
968 complied with the requirements of Subsections (1)(b)(i) and (ii).
969 (d) After a county has complied with the requirements of Subsection (1)(b) for a land
970 use application, the county may not withhold approval of the land use application for which the
971 applicant is otherwise entitled under Subsection (1)(a).
972 (e) The county shall process an application without regard to proceedings initiated to
973 amend the county's ordinances as provided in Subsection (1)(a)(ii)(B) if:
974 (i) 180 days have passed since the proceedings were initiated; and
975 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
976 application as submitted.
977 (f) An application for a land use approval is considered submitted and complete when
978 the application is provided in a form that complies with the requirements of applicable
979 ordinances and all applicable fees have been paid.
980 (g) The continuing validity of an approval of a land use application is conditioned upon
981 the applicant proceeding after approval to implement the approval with reasonable diligence.
982 (h) A county may not impose on an applicant who has submitted a complete
983 application for preliminary subdivision approval a requirement that is not expressed:
984 (i) in this chapter;
985 (ii) in a county ordinance; or
986 (iii) in a county specification for public improvements applicable to a subdivision or
987 development that is in effect on the date that the applicant submits an application.
988 (i) A county may not impose on a holder of an issued land use permit or a final,
989 unexpired subdivision plat a requirement that is not expressed:
990 (i) in a land use permit;
991 (ii) on the subdivision plat;
992 (iii) in a document on which the land use permit or subdivision plat is based;
993 (iv) in the written record evidencing approval of the land use permit or subdivision
994 plat;
995 (v) in this chapter; or
996 (vi) in a county ordinance.
997 (j) A county may not withhold issuance of a certificate of occupancy or acceptance of
998 subdivision improvements because of an applicant's failure to comply with a requirement that
999 is not expressed:
1000 (i) in the building permit or subdivision plat, documents on which the building permit
1001 or subdivision plat is based, or the written record evidencing approval of the building permit or
1002 subdivision plat; or
1003 (ii) in this chapter or the county's ordinances.
1004 (2) A county is bound by the terms and standards of applicable land use ordinances and
1005 shall comply with mandatory provisions of those ordinances.
1006 (3) A county may not, as a condition of land use application approval, require a person
1007 filing a land use application to obtain documentation regarding a school district's willingness,
1008 capacity, or ability to serve the development proposed in the land use application.
1009 (4) Upon a specified public agency's submission of a development plan and schedule as
1010 required in Subsection 17-27a-305 (8) that complies with the requirements of that subsection,
1011 the specified public agency vests in the county's applicable land use maps, zoning map, hookup
1012 fees, impact fees, other applicable development fees, and land use ordinances in effect on the
1013 date of submission.
1014 Section 7. Section 17-27a-608 is amended to read:
1015 17-27a-608. Vacating or amending a subdivision plat.
1016 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
1017 subdivision that has been laid out and platted as provided in this part may file a written petition
1018 with the land use authority to have some or all of the plat vacated or amended.
1019 (b) If a petition is filed under Subsection (1)(a), the land use authority shall provide
1020 notice of the petition by mail, email, or other effective means to each affected entity that
1021 provides a service to an owner of record of the portion of the plat that is being vacated or
1022 amended at least 10 calendar days before the land use authority may approve the vacation or
1023 amendment of the plat.
1024 [
1025 public hearing within 45 days after the day on which the petition is filed if:
1026 (i) any owner within the plat notifies the county of the owner's objection in writing
1027 within 10 days of mailed notification; or
1028 (ii) a public hearing is required because all of the owners in the subdivision have not
1029 signed the revised plat.
1030 (2) Unless a local ordinance provides otherwise, the public hearing requirement of
1031 Subsection (1)[
1032 an owner's petition to vacate or amend a subdivision plat if:
1033 (a) the petition seeks to:
1034 (i) join two or more of the petitioning fee owner's contiguous lots;
1035 (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
1036 result in a violation of a land use ordinance or a development condition;
1037 (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
1038 adjoining lots or parcels join the petition, regardless of whether the lots or parcels are located in
1039 the same subdivision;
1040 (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
1041 imposed by the local political subdivision; or
1042 (v) alter the plat in a manner that does not change existing boundaries or other
1043 attributes of lots within the subdivision that are not:
1044 (A) owned by the petitioner; or
1045 (B) designated as a common area; and
1046 (b) notice has been given to adjacent property owners in accordance with any
1047 applicable local ordinance.
1048 (3) Each request to vacate or amend a plat that contains a request to vacate or amend a
1049 public street, right-of-way, or easement is also subject to Section 17-27a-609.5 .
1050 (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include:
1051 (a) the name and address of each owner of record of the land contained in:
1052 (i) the entire plat; or
1053 (ii) that portion of the plan described in the petition; and
1054 (b) the signature of each owner who consents to the petition.
1055 (5) (a) The owners of record of adjacent parcels that are described by either a metes
1056 and bounds description or by a recorded plat may exchange title to portions of those parcels if
1057 the exchange of title is approved by the land use authority in accordance with Subsection
1058 (5)(b).
1059 (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
1060 the exchange of title will not result in a violation of any land use ordinance.
1061 (c) If an exchange of title is approved under Subsection (5)(b):
1062 (i) a notice of approval shall be recorded in the office of the county recorder which:
1063 (A) is executed by each owner included in the exchange and by the land use authority;
1064 (B) contains an acknowledgment for each party executing the notice in accordance with
1065 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
1066 (C) recites the descriptions of both the original parcels and the parcels created by the
1067 exchange of title; and
1068 (ii) a document of conveyance of title reflecting the approved change shall be recorded
1069 in the office of the county recorder.
1070 (d) A notice of approval recorded under this Subsection (5) does not act as a
1071 conveyance of title to real property and is not required to record a document conveying title to
1072 real property.
1073 (6) (a) The name of a recorded subdivision may be changed by recording an amended
1074 plat making that change, as provided in this section and subject to Subsection (6)(c).
1075 (b) The surveyor preparing the amended plat shall certify that the surveyor:
1076 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
1077 Professional Land Surveyors Licensing Act;
1078 (ii) has completed a survey of the property described on the plat in accordance with
1079 Section 17-23-17 and has verified all measurements; and
1080 (iii) has placed monuments as represented on the plat.
1081 (c) An owner of land may not submit for recording an amended plat that gives the
1082 subdivision described in the amended plat the same name as a subdivision recorded in the
1083 county recorder's office.
1084 (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
1085 document that purports to change the name of a recorded plat is void.
1086 Section 8. Section 17-27a-609 is amended to read:
1087 17-27a-609. Land use authority approval of vacation or amendment of plat --
1088 Recording the amended plat.
1089 (1) The land use authority may approve the vacation or amendment of a plat by signing
1090 an amended plat showing the vacation or amendment if the land use authority finds that:
1091 (a) there is good cause for the vacation or amendment; and
1092 (b) no public street, right-of-way, or easement has been vacated or amended.
1093 (2) (a) The land use authority shall ensure that the amended plat showing the vacation
1094 or amendment is recorded in the office of the county recorder in which the land is located.
1095 (b) If the amended plat is approved and recorded in accordance with this section, the
1096 recorded plat shall vacate, supersede, and replace any contrary provision in a previously
1097 recorded plat of the same land.
1098 (3) (a) A legislative body may vacate a subdivision or a portion of a subdivision by
1099 recording in the county recorder's office an ordinance describing the subdivision or the portion
1100 being vacated.
1101 (b) The recorded vacating ordinance shall replace a previously recorded plat described
1102 in the vacating ordinance.
1103 (4) An amended plat may not be submitted to the county recorder for recording unless
1104 it is [
1105
1106 (a) signed by the land use authority; and
1107 (b) signed, acknowledged, and dedicated by each owner of record of the portion of the
1108 plat that is amended.
1109 (5) A management committee may sign and dedicate an amended plat as provided in
1110 Title 57, Chapter 8, Condominium Ownership Act.
1111 (6) A plat may be corrected as provided in Section 57-3-106 .
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