H.B. 269
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7 LONG TITLE
8 General Description:
9 This bill requires a municipality or a county to withhold an otherwise valid subdivision
10 plat approval until the owner of the land provides the legislative body with a tax
11 clearance.
12 Highlighted Provisions:
13 This bill:
14 . requires a municipality or a county to withhold an otherwise valid subdivision plat
15 approval until the owner of the land provides the legislative body with a tax
16 clearance.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 10-9a-603 , as last amended by Laws of Utah 2010, Chapters 269 and 381
24 17-27a-603 , as last amended by Laws of Utah 2011, Chapter 377
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-9a-603 is amended to read:
28 10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
29 acknowledgment, surveyor certification, and underground utility facilities owner
30 approval of plat -- Recording plat.
31 (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
32 subdivision under Section 10-9a-103 , whenever any land is laid out and platted, the owner of
33 the land shall provide an accurate plat that describes or specifies:
34 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
35 the county recorder's office;
36 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
37 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
38 intended to be used as a street or for any other public use, and whether any such area is
39 reserved or proposed for dedication for a public purpose;
40 (c) the lot or unit reference, block or building reference, street or site address, street
41 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
42 and width of the blocks and lots intended for sale; and
43 (d) every existing right-of-way and easement grant of record for underground facilities,
44 as defined in Section 54-8a-2 , and for other utility facilities.
45 (2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the municipality's
46 ordinances and this part and has been approved by the culinary water authority and the sanitary
47 sewer authority, the municipality shall approve the plat.
48 (b) Municipalities are encouraged to receive a recommendation from the fire authority
49 before approving a plat.
50 (3) The municipality [
51 owner of the land provides the legislative body with a tax clearance indicating that all taxes,
52 interest, and penalties owing on the land have been paid.
53 (4) (a) A plat may not be submitted to a county recorder for recording unless:
54 (i) prior to recordation, each owner of record of land described on the plat has signed
55 the owner's dedication as shown on the plat; and
56 (ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
57 provided by law.
58 (b) The surveyor making the plat shall certify that the surveyor:
59 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
60 Professional Land Surveyors Licensing Act;
61 (ii) has completed a survey of the property described on the plat in accordance with
62 Section 17-23-17 and has verified all measurements; and
63 (iii) has placed monuments as represented on the plat.
64 (c) (i) As applicable, the owner or operator of the underground and utility facilities
65 shall approve the:
66 (A) boundary, course, dimensions, and intended use of the right-of-way and easement
67 grants of record;
68 (B) location of existing underground and utility facilities; and
69 (C) conditions or restrictions governing the location of the facilities within the
70 right-of-way, and easement grants of records, and utility facilities within the subdivision.
71 (ii) The approval of an owner or operator under Subsection (4)(c)(i):
72 (A) indicates only that the plat approximates the location of the existing underground
73 and utility facilities but does not warrant or verify their precise location; and
74 (B) does not affect a right that the owner or operator has under:
75 (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
76 (II) a recorded easement or right-of-way;
77 (III) the law applicable to prescriptive rights; or
78 (IV) any other provision of law.
79 (5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
80 land shall, within the time period designated by ordinance, record the plat in the county
81 recorder's office in the county in which the lands platted and laid out are situated.
82 (b) An owner's failure to record a plat within the time period designated by ordinance
83 renders the plat voidable.
84 Section 2. Section 17-27a-603 is amended to read:
85 17-27a-603. Plat required when land is subdivided -- Approval of plat --
86 Recording plat.
87 (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
88 subdivision under Section 17-27a-103 , whenever any land is laid out and platted, the owner of
89 the land shall provide an accurate plat that describes or specifies:
90 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
91 the county recorder's office;
92 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
93 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
94 intended to be used as a street or for any other public use, and whether any such area is
95 reserved or proposed for dedication for a public purpose;
96 (c) the lot or unit reference, block or building reference, street or site address, street
97 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
98 and width of the blocks and lots intended for sale; and
99 (d) every existing right-of-way and easement grant of record for underground facilities,
100 as defined in Section 54-8a-2 , and for other utility facilities.
101 (2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the county's
102 ordinances and this part and has been approved by the culinary water authority and the sanitary
103 sewer authority, the county shall approve the plat.
104 (b) Counties are encouraged to receive a recommendation from the fire authority before
105 approving a plat.
106 (3) The county [
107 the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
108 penalties owing on the land have been paid.
109 (4) (a) A plat may not be submitted to a county recorder for recording unless, subject to
110 Subsection 17-27a-604 (2):
111 (i) prior to recordation, each owner of record of land described on the plat has signed
112 the owner's dedication as shown on the plat; and
113 (ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
114 provided by law.
115 (b) The surveyor making the plat shall certify that the surveyor:
116 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
117 Professional Land Surveyors Licensing Act;
118 (ii) has completed a survey of the property described on the plat in accordance with
119 Section 17-23-17 and has verified all measurements; and
120 (iii) has placed monuments as represented on the plat.
121 (c) (i) As applicable, the owner or operator of the underground and utility facilities
122 shall approve the:
123 (A) boundary, course, dimensions, and intended use of the right-of-way and easement
124 grants of record;
125 (B) location of existing underground and utility facilities; and
126 (C) conditions or restrictions governing the location of the facilities within the
127 right-of-way, and easement grants of records, and utility facilities within the subdivision.
128 (ii) The approval of an owner or operator under Subsection (4)(c)(i):
129 (A) indicates only that the plat approximates the location of the existing underground
130 and utility facilities but does not warrant or verify their precise location; and
131 (B) does not affect a right that the owner or operator has under:
132 (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
133 (II) a recorded easement or right-of-way;
134 (III) the law applicable to prescriptive rights; or
135 (IV) any other provision of law.
136 (5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
137 land shall, within the time period designated by ordinance, record the plat in the county
138 recorder's office in the county in which the lands platted and laid out are situated.
139 (b) An owner's failure to record a plat within the time period designated by ordinance
140 renders the plat voidable.
Legislative Review Note
as of 1-16-14 9:44 AM