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7 LONG TITLE
8 General Description:
9 This bill authorizes the creation and governance of a mountainous planning district.
10 Highlighted Provisions:
11 This bill:
12 ▸ excludes, with certain exceptions, any area located within a mountainous planning
13 district from the land use jurisdiction, including the general plan, of a municipality;
14 ▸ defines terms;
15 ▸ authorizes a county to establish a planning commission for a mountainous planning
16 district;
17 ▸ amends other applicable provisions of Title 17, Chapter 27a, County Land Use,
18 Development, and Management Act;
19 ▸ authorizes a county to designate a mountainous planning district under certain
20 circumstances;
21 ▸ provides a repeal date; and
22 ▸ makes technical and conforming amendments.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill provides revisor instructions.
27 Utah Code Sections Affected:
28 AMENDS:
29 10-9a-304, as renumbered and amended by Laws of Utah 2005, Chapter 254
30 17-27a-102, as last amended by Laws of Utah 2007, Chapter 363
31 17-27a-103, as last amended by Laws of Utah 2014, Chapters 136 and 363
32 17-27a-210, as enacted by Laws of Utah 2005, Chapter 231
33 17-27a-301, as last amended by Laws of Utah 2014, Chapter 189
34 17-27a-302, as last amended by Laws of Utah 2012, Chapter 359
35 17-27a-305, as last amended by Laws of Utah 2013, Chapter 200
36 17-27a-401, as renumbered and amended by Laws of Utah 2005, Chapter 254
37 17-27a-403, as last amended by Laws of Utah 2014, Chapter 176
38 17-27a-502, as last amended by Laws of Utah 2013, Chapter 324
39 17-27a-505.5, as last amended by Laws of Utah 2012, Chapter 172
40 17-27a-602, as renumbered and amended by Laws of Utah 2005, Chapter 254
41 17-27a-604, as last amended by Laws of Utah 2011, Chapter 377
42 17-27a-605, as last amended by Laws of Utah 2012, Chapter 99
43 63I-2-210, as last amended by Laws of Utah 2014, Chapter 405
44 63I-2-217, as last amended by Laws of Utah 2014, Chapters 189 and 405
45 ENACTS:
46 17-27a-901, Utah Code Annotated 1953
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48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 10-9a-304 is amended to read:
50 10-9a-304. State and federal property -- Mountainous planning district.
51 (1) Unless otherwise provided by law, nothing contained in this chapter may be
52 construed as giving a municipality jurisdiction over property owned by the state or the United
53 States.
54 (2) (a) Except as provided in Subsection (2)(b), for purposes of this chapter, a
55 municipality, a municipal planning commission, or a municipal land use authority does not
56 have jurisdiction over property located within a mountainous planning district as defined in
57 Section 17-27a-103.
58 (b) Subsection (2)(a) does not apply to a municipality that:
59 (i) (A) is wholly located within the boundaries of a mountainous planning district; and
60 (B) was incorporated in or before 1970;
61 (ii) is exercising its extraterritorial jurisdiction as authorized by Section 10-8-15; or
62 (iii) has been granted joint authority to regulate, subject to Subsection (2)(c), its
63 watershed areas by a local health authority.
64 (c) The exception for a municipality under Subsection (2)(b)(iii) applies only for
65 matters related to regulation of the watershed within a watershed area.
66 Section 2. Section 17-27a-102 is amended to read:
67 17-27a-102. Purposes -- General land use authority.
68 (1) (a) The purposes of this chapter are to provide for the health, safety, and welfare,
69 and promote the prosperity, improve the morals, peace and good order, comfort, convenience,
70 and aesthetics of each county and its present and future inhabitants and businesses, to protect
71 the tax base, to secure economy in governmental expenditures, to foster the state's agricultural
72 and other industries, to protect both urban and nonurban development, to protect and ensure
73 access to sunlight for solar energy devices, to provide fundamental fairness in land use
74 regulation, and to protect property values.
75 (b) To accomplish the purposes of this chapter, counties may enact all ordinances,
76 resolutions, and rules and may enter into other forms of land use controls and development
77 agreements that they consider necessary or appropriate for the use and development of land
78 within the unincorporated area of the county or a designated mountainous planning district,
79 including ordinances, resolutions, rules, restrictive covenants, easements, and development
80 agreements governing uses, density, open spaces, structures, buildings, energy-efficiency, light
81 and air, air quality, transportation and public or alternative transportation, infrastructure, street
82 and building orientation and width requirements, public facilities, fundamental fairness in land
83 use regulation, considerations of surrounding land uses and the balance of the foregoing
84 purposes with a landowner's private property interests, height and location of vegetation, trees,
85 and landscaping, unless expressly prohibited by law.
86 (2) Each county shall comply with the mandatory provisions of this part before any
87 agreement or contract to provide goods, services, or municipal-type services to any storage
88 facility or transfer facility for high-level nuclear waste, or greater than class C radioactive
89 waste, may be executed or implemented.
90 Section 3. Section 17-27a-103 is amended to read:
91 17-27a-103. Definitions.
92 As used in this chapter:
93 (1) "Affected entity" means a county, municipality, local district, special service
94 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
95 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
96 property owner, property owners association, public utility, or the Utah Department of
97 Transportation, if:
98 (a) the entity's services or facilities are likely to require expansion or significant
99 modification because of an intended use of land;
100 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
101 or
102 (c) the entity has filed with the county a request for notice during the same calendar
103 year and before the county provides notice to an affected entity in compliance with a
104 requirement imposed under this chapter.
105 (2) "Appeal authority" means the person, board, commission, agency, or other body
106 designated by ordinance to decide an appeal of a decision of a land use application or a
107 variance.
108 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
109 residential property if the sign is designed or intended to direct attention to a business, product,
110 or service that is not sold, offered, or existing on the property where the sign is located.
111 (4) (a) "Charter school" means:
112 (i) an operating charter school;
113 (ii) a charter school applicant that has its application approved by a charter school
114 authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
115 (iii) an entity that is working on behalf of a charter school or approved charter
116 applicant to develop or construct a charter school building.
117 (b) "Charter school" does not include a therapeutic school.
118 (5) "Chief executive officer" means the person or body that exercises the executive
119 powers of the county.
120 (6) "Conditional use" means a land use that, because of its unique characteristics or
121 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
122 compatible in some areas or may be compatible only if certain conditions are required that
123 mitigate or eliminate the detrimental impacts.
124 (7) "Constitutional taking" means a governmental action that results in a taking of
125 private property so that compensation to the owner of the property is required by the:
126 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
127 (b) Utah Constitution Article I, Section 22.
128 (8) "Culinary water authority" means the department, agency, or public entity with
129 responsibility to review and approve the feasibility of the culinary water system and sources for
130 the subject property.
131 (9) "Development activity" means:
132 (a) any construction or expansion of a building, structure, or use that creates additional
133 demand and need for public facilities;
134 (b) any change in use of a building or structure that creates additional demand and need
135 for public facilities; or
136 (c) any change in the use of land that creates additional demand and need for public
137 facilities.
138 (10) (a) "Disability" means a physical or mental impairment that substantially limits
139 one or more of a person's major life activities, including a person having a record of such an
140 impairment or being regarded as having such an impairment.
141 (b) "Disability" does not include current illegal use of, or addiction to, any federally
142 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
143 802.
144 (11) "Educational facility":
145 (a) means:
146 (i) a school district's building at which pupils assemble to receive instruction in a
147 program for any combination of grades from preschool through grade 12, including
148 kindergarten and a program for children with disabilities;
149 (ii) a structure or facility:
150 (A) located on the same property as a building described in Subsection (11)(a)(i); and
151 (B) used in support of the use of that building; and
152 (iii) a building to provide office and related space to a school district's administrative
153 personnel; and
154 (b) does not include:
155 (i) land or a structure, including land or a structure for inventory storage, equipment
156 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
157 (A) not located on the same property as a building described in Subsection (11)(a)(i);
158 and
159 (B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
160 (ii) a therapeutic school.
161 (12) "Fire authority" means the department, agency, or public entity with responsibility
162 to review and approve the feasibility of fire protection and suppression services for the subject
163 property.
164 (13) "Flood plain" means land that:
165 (a) is within the 100-year flood plain designated by the Federal Emergency
166 Management Agency; or
167 (b) has not been studied or designated by the Federal Emergency Management Agency
168 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
169 the land has characteristics that are similar to those of a 100-year flood plain designated by the
170 Federal Emergency Management Agency.
171 (14) "Gas corporation" has the same meaning as defined in Section 54-2-1.
172 (15) "General plan" means a document that a county adopts that sets forth general
173 guidelines for proposed future development of:
174 (a) the unincorporated land within the county[
175 (b) for a mountainous planning district, the land within the mountainous planning
176 district.
177 (16) "Geologic hazard" means:
178 (a) a surface fault rupture;
179 (b) shallow groundwater;
180 (c) liquefaction;
181 (d) a landslide;
182 (e) a debris flow;
183 (f) unstable soil;
184 (g) a rock fall; or
185 (h) any other geologic condition that presents a risk:
186 (i) to life;
187 (ii) of substantial loss of real property; or
188 (iii) of substantial damage to real property.
189 (17) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
190 meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
191 system.
192 (18) "Identical plans" means building plans submitted to a county that:
193 (a) are clearly marked as "identical plans";
194 (b) are substantially identical building plans that were previously submitted to and
195 reviewed and approved by the county; and
196 (c) describe a building that:
197 (i) is located on land zoned the same as the land on which the building described in the
198 previously approved plans is located;
199 (ii) is subject to the same geological and meteorological conditions and the same law
200 as the building described in the previously approved plans;
201 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
202 and approved by the county; and
203 (iv) does not require any additional engineering or analysis.
204 (19) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
205 Impact Fees Act.
206 (20) "Improvement completion assurance" means a surety bond, letter of credit, cash,
207 or other security required by a county to guaranty the proper completion of landscaping or
208 infrastructure that the land use authority has required as a condition precedent to:
209 (a) recording a subdivision plat; or
210 (b) beginning development activity.
211 (21) "Improvement warranty" means an applicant's unconditional warranty that the
212 accepted landscaping or infrastructure:
213 (a) complies with the county's written standards for design, materials, and
214 workmanship; and
215 (b) will not fail in any material respect, as a result of poor workmanship or materials,
216 within the improvement warranty period.
217 (22) "Improvement warranty period" means a period:
218 (a) no later than one year after a county's acceptance of required landscaping; or
219 (b) no later than one year after a county's acceptance of required infrastructure, unless
220 the county:
221 (i) determines for good cause that a one-year period would be inadequate to protect the
222 public health, safety, and welfare; and
223 (ii) has substantial evidence, on record:
224 (A) of prior poor performance by the applicant; or
225 (B) that the area upon which the infrastructure will be constructed contains suspect soil
226 and the county has not otherwise required the applicant to mitigate the suspect soil.
227 (23) "Internal lot restriction" means a platted note, platted demarcation, or platted
228 designation that:
229 (a) runs with the land; and
230 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
231 the plat; or
232 (ii) designates a development condition that is enclosed within the perimeter of a lot
233 described on the plat.
234 (24) "Interstate pipeline company" means a person or entity engaged in natural gas
235 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
236 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
237 (25) "Intrastate pipeline company" means a person or entity engaged in natural gas
238 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
239 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
240 (26) "Land use application" means an application required by a county's land use
241 ordinance.
242 (27) "Land use authority" means:
243 (a) a person, board, commission, agency, or body, including the local legislative body,
244 designated by the local legislative body to act upon a land use application; or
245 (b) if the local legislative body has not designated a person, board, commission,
246 agency, or body, the local legislative body.
247 (28) "Land use ordinance" means a planning, zoning, development, or subdivision
248 ordinance of the county, but does not include the general plan.
249 (29) "Land use permit" means a permit issued by a land use authority.
250 (30) "Legislative body" means the county legislative body, or for a county that has
251 adopted an alternative form of government, the body exercising legislative powers.
252 (31) "Local district" means any entity under Title 17B, Limited Purpose Local
253 Government Entities - Local Districts, and any other governmental or quasi-governmental
254 entity that is not a county, municipality, school district, or the state.
255 (32) "Lot line adjustment" means the relocation of the property boundary line in a
256 subdivision between two adjoining lots with the consent of the owners of record.
257 (33) "Moderate income housing" means housing occupied or reserved for occupancy
258 by households with a gross household income equal to or less than 80% of the median gross
259 income for households of the same size in the county in which the housing is located.
260 (34) "Mountainous planning district" means an area:
261 (a) designated by a county legislative body in accordance with Section 17-27a-901; and
262 (b) that is not otherwise exempt under Subsection 10-9a-304(2)(b).
263 [
264 time spent and expenses incurred in:
265 (a) verifying that building plans are identical plans; and
266 (b) reviewing and approving those minor aspects of identical plans that differ from the
267 previously reviewed and approved building plans.
268 [
269 (a) legally existed before its current land use designation; and
270 (b) because of one or more subsequent land use ordinance changes, does not conform
271 to the setback, height restrictions, or other regulations, excluding those regulations that govern
272 the use of land.
273 [
274 (a) legally existed before its current land use designation;
275 (b) has been maintained continuously since the time the land use ordinance regulation
276 governing the land changed; and
277 (c) because of one or more subsequent land use ordinance changes, does not conform
278 to the regulations that now govern the use of the land.
279 [
280 the county recorder's office that:
281 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
282 highways and other transportation facilities;
283 (b) provides a basis for restricting development in designated rights-of-way or between
284 designated setbacks to allow the government authorities time to purchase or otherwise reserve
285 the land; and
286 (c) has been adopted as an element of the county's general plan.
287 [
288 of adjoining properties adjusting their mutual boundary if:
289 (a) no additional parcel is created; and
290 (b) each property identified in the agreement is unsubdivided land, including a
291 remainder of subdivided land.
292 [
293 association, trust, governmental agency, or any other legal entity.
294 [
295 a county legislative body that includes:
296 (a) an estimate of the existing supply of moderate income housing located within the
297 county;
298 (b) an estimate of the need for moderate income housing in the county for the next five
299 years as revised biennially;
300 (c) a survey of total residential land use;
301 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
302 income housing; and
303 (e) a description of the county's program to encourage an adequate supply of moderate
304 income housing.
305 [
306 and prepared in accordance with Section 17-27a-603, 17-23-17, or 57-8-13.
307 [
308 (a) is designated by a Utah Geological Survey map, county geologist map, or other
309 relevant map or report as needing further study to determine the area's potential for geologic
310 hazard; or
311 (b) has not been studied by the Utah Geological Survey or a county geologist but
312 presents the potential of geologic hazard because the area has characteristics similar to those of
313 a designated geologic hazard area.
314 [
315 (a) the federal government;
316 (b) the state;
317 (c) a county, municipality, school district, local district, special service district, or other
318 political subdivision of the state; or
319 (d) a charter school.
320 [
321 provided a reasonable opportunity to comment on the subject of the hearing.
322 [
323 under Title 52, Chapter 4, Open and Public Meetings Act.
324 [
325 designates, by ordinance, as an area in which an owner of land may receive a transferable
326 development right.
327 [
328 accordance with Section 17-23-17.
329 [
330 (a) in which more than one person with a disability resides; and
331 (b) (i) which is licensed or certified by the Department of Human Services under Title
332 62A, Chapter 2, Licensure of Programs and Facilities; or
333 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
334 21, Health Care Facility Licensing and Inspection Act.
335 [
336 prescribe in a public meeting:
337 (a) parliamentary order and procedure;
338 (b) ethical behavior; and
339 (c) civil discourse.
340 [
341 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
342 wastewater systems.
343 [
344 designates, by ordinance, as an area from which an owner of land may transfer a transferable
345 development right.
346 [
347 during a preliminary review preceding the issuance of a building permit to demonstrate that an
348 owner's or developer's proposed development activity meets a land use requirement.
349 [
350 (a) the state;
351 (b) a school district; or
352 (c) a charter school.
353 [
354 or telephone corporation, as those terms are defined in Section 54-2-1.
355 [
356 [
357 boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
358 or other way.
359 [
360 to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
361 purpose, whether immediate or future, for offer, sale, lease, or development either on the
362 installment plan or upon any and all other plans, terms, and conditions.
363 (b) "Subdivision" includes:
364 (i) the division or development of land whether by deed, metes and bounds description,
365 devise and testacy, map, plat, or other recorded instrument; and
366 (ii) except as provided in Subsection [
367 nonresidential uses, including land used or to be used for commercial, agricultural, and
368 industrial purposes.
369 (c) "Subdivision" does not include:
370 (i) a bona fide division or partition of agricultural land for agricultural purposes;
371 (ii) a recorded agreement between owners of adjoining properties adjusting their
372 mutual boundary if:
373 (A) no new lot is created; and
374 (B) the adjustment does not violate applicable land use ordinances;
375 (iii) a recorded document, executed by the owner of record:
376 (A) revising the legal description of more than one contiguous unsubdivided parcel of
377 property into one legal description encompassing all such parcels of property; or
378 (B) joining a subdivided parcel of property to another parcel of property that has not
379 been subdivided, if the joinder does not violate applicable land use ordinances;
380 (iv) a bona fide division or partition of land in a county other than a first class county
381 for the purpose of siting, on one or more of the resulting separate parcels:
382 (A) an electrical transmission line or a substation;
383 (B) a natural gas pipeline or a regulation station; or
384 (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
385 utility service regeneration, transformation, retransmission, or amplification facility;
386 (v) a recorded agreement between owners of adjoining subdivided properties adjusting
387 their mutual boundary if:
388 (A) no new dwelling lot or housing unit will result from the adjustment; and
389 (B) the adjustment will not violate any applicable land use ordinance;
390 (vi) a bona fide division or partition of land by deed or other instrument where the land
391 use authority expressly approves in writing the division in anticipation of further land use
392 approvals on the parcel or parcels; or
393 (vii) a parcel boundary adjustment.
394 (d) The joining of a subdivided parcel of property to another parcel of property that has
395 not been subdivided does not constitute a subdivision under this Subsection [
396 the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
397 subdivision ordinance.
398 [
399 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
400 3% swell potential;
401 (b) bedrock units with high shrink or swell susceptibility; or
402 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
403 commonly associated with dissolution and collapse features.
404 [
405 (a) for four or more individuals who are not related to:
406 (i) the owner of the facility; or
407 (ii) the primary service provider of the facility;
408 (b) that serves students who have a history of failing to function:
409 (i) at home;
410 (ii) in a public school; or
411 (iii) in a nonresidential private school; and
412 (c) that offers:
413 (i) room and board; and
414 (ii) an academic education integrated with:
415 (A) specialized structure and supervision; or
416 (B) services or treatment related to a disability, an emotional development, a
417 behavioral development, a familial development, or a social development.
418 [
419 unincorporated area of a county, established under this part or reconstituted or reinstated under
420 Section 17-27a-306, with planning and zoning functions as exercised through the township
421 planning commission, as provided in this chapter, but with no legal or political identity
422 separate from the county and no taxing authority, except that "township" means a former
423 township under Laws of Utah 1996, Chapter 308, where the context so indicates.
424 [
425 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
426 land use rights from a designated sending zone to a designated receiving zone.
427 [
428 municipality.
429 [
430 (a) each of the rights listed in Section 73-1-11; and
431 (b) an ownership interest in the right to the beneficial use of water represented by:
432 (i) a contract; or
433 (ii) a share in a water company, as defined in Section 73-3-3.5.
434 [
435 depicts land use zones, overlays, or districts.
436 Section 4. Section 17-27a-210 is amended to read:
437 17-27a-210. Notice to county when a private institution of higher education is
438 constructing student housing.
439 (1) Each private institution of higher education that intends to construct student
440 housing on property owned by the institution shall provide written notice of the intended
441 construction, as provided in Subsection (2), before any funds are committed to the
442 construction, if any of the proposed student housing buildings is within 300 feet of privately
443 owned residential property.
444 (2) Each notice under Subsection (1) shall be provided to the legislative body and, if
445 applicable, the mayor of:
446 (a) the county in whose unincorporated area or the mountainous planning district area
447 the privately owned residential property is located; or
448 (b) the municipality in whose boundaries the privately owned residential property is
449 located.
450 (3) At the request of a county or municipality that is entitled to notice under this
451 section, the institution and the legislative body of the affected county or municipality shall
452 jointly hold a public hearing to provide information to the public and receive input from the
453 public about the proposed construction.
454 Section 5. Section 17-27a-301 is amended to read:
455 17-27a-301. Ordinance establishing planning commission required -- Exception --
456 Ordinance requirements -- Township planning commission -- Compensation.
457 (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
458 establishing a countywide planning commission for the unincorporated areas of the county not
459 within a township.
460 (b) Subsection (1)(a) does not apply if all of the county is included within any
461 combination of:
462 (i) municipalities; [
463 (ii) townships with their own planning commissions[
464 (iii) mountainous planning districts.
465 (c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
466 (1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
467 subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
468 the entire mountainous planning district, including areas of the mountainous planning district
469 that are also located within a municipality or are unincorporated.
470 (ii) A planning commission described in Subsection (1)(c)(i):
471 (A) does not have jurisdiction over a municipality described in Subsection
472 10-9a-304(2)(b); and
473 (B) has jurisdiction subject to a local health department exercising its authority in
474 accordance with Title 26A, Chapter 1, Local Health Departments and a municipality exercising
475 the municipality's authority in accordance with Section 10-8-15.
476 (iii) The ordinance shall require that:
477 (A) members of the planning commission represent areas located in the unincorporated
478 and incorporated county;
479 (B) members of the planning commission be registered voters who reside either in the
480 unincorporated or incorporated county; and
481 (C) at least one member of the planning commission resides within the mountainous
482 planning district.
483 (2) (a) The ordinance described in Subsection (1)(a) or (c) shall define:
484 (i) the number and terms of the members and, if the county chooses, alternate
485 members;
486 (ii) the mode of appointment;
487 (iii) the procedures for filling vacancies and removal from office;
488 (iv) the authority of the planning commission;
489 (v) subject to Subsection (2)(b), the rules of order and procedure for use by the
490 planning commission in a public meeting; and
491 (vi) other details relating to the organization and procedures of the planning
492 commission.
493 (b) Subsection (2)(a)(v) does not affect the planning commission's duty to comply with
494 Title 52, Chapter 4, Open and Public Meetings Act.
495 (3) (a) (i) If the county establishes a township planning commission, the county
496 legislative body shall enact an ordinance that defines:
497 (A) appointment procedures;
498 (B) procedures for filling vacancies and removing members from office;
499 (C) subject to Subsection (3)(a)(ii), the rules of order and procedure for use by the
500 township planning commission in a public meeting; and
501 (D) details relating to the organization and procedures of each township planning
502 commission.
503 (ii) Subsection (3)(a)(i)(C) does not affect the township planning commission's duty to
504 comply with Title 52, Chapter 4, Open and Public Meetings Act.
505 (b) The planning commission for each township shall consist of seven members who,
506 except as provided in Subsection (4), shall be appointed by:
507 (i) in a county operating under a form of government in which the executive and
508 legislative functions of the governing body are separated, the county executive with the advice
509 and consent of the county legislative body; or
510 (ii) in a county operating under a form of government in which the executive and
511 legislative functions of the governing body are not separated, the county legislative body.
512 (c) (i) Members shall serve four-year terms and until their successors are appointed or,
513 as provided in Subsection (4), elected and qualified.
514 (ii) Notwithstanding the provisions of Subsection (3)(c)(i) and except as provided in
515 Subsection (4), members of the first planning commissions shall be appointed so that, for each
516 commission, the terms of at least one member and no more than two members expire each
517 year.
518 (d) (i) Except as provided in Subsection (3)(d)(ii), each member of a township
519 planning commission shall be a registered voter residing within the township.
520 (ii) (A) Notwithstanding Subsection (3)(d)(i), one member of a planning commission
521 of a township reconstituted under Laws of Utah 1997, Chapter 389, or reinstated or established
522 under Subsection 17-27a-306(1)(k)(i) may be an appointed member who is a registered voter
523 residing outside the township if that member:
524 (I) is an owner of real property located within the township; and
525 (II) resides within the county in which the township is located.
526 (B) (I) Each appointee under Subsection (3)(d)(ii)(A) shall be chosen by the township
527 planning commission from a list of three persons submitted by the county legislative body.
528 (II) If the township planning commission has not notified the county legislative body of
529 its choice under Subsection (3)(d)(ii)(B)(I) within 60 days of the township planning
530 commission's receipt of the list, the county legislative body may appoint one of the three
531 persons on the list or a registered voter residing within the township as a member of the
532 township planning commission.
533 (4) (a) The legislative body of each county in which a township reconstituted under
534 Laws of Utah 1997, Chapter 389, or reinstated or established under Subsection
535 17-27a-306(1)(k)(i) is located shall on or before January 1, 2012, enact an ordinance that
536 provides for the election of at least three members of the planning commission of that
537 township.
538 (b) (i) Beginning with the 2012 general election, the election of planning commission
539 members under Subsection (4)(a) shall coincide with the election of other county officers
540 during even-numbered years.
541 (ii) Approximately half the elected planning commission members shall be elected
542 every four years during elections held on even-numbered years, and the remaining elected
543 members shall be elected every four years on alternating even-numbered years.
544 (c) If no person files a declaration of candidacy in accordance with Section 20A-9-202
545 for an open township planning commission member position:
546 (i) the position may be appointed in accordance with Subsection (3)(b); and
547 (ii) a person appointed under Subsection (4)(c)(i) may not serve for a period of time
548 that exceeds the elected term for which there was no candidate.
549 (5) (a) A legislative body described in Subsection (4)(a) shall on or before January 1,
550 2012, enact an ordinance that:
551 (i) designates the seats to be elected; and
552 (ii) subject to Subsection (6)(b), appoints a member of the planning and zoning board
553 of the former township, established under Laws of Utah 1996, Chapter 308, as a member of the
554 planning commission of the reconstituted or reinstated township.
555 (b) A member appointed under Subsection (5)(a) is considered an elected member.
556 (6) (a) Except as provided in Subsection (6)(b), the term of each member appointed
557 under Subsection (5)(a) shall continue until the time that the member's term as an elected
558 member of the former township planning and zoning board would have expired.
559 (b) (i) Notwithstanding Subsection (6)(a), the county legislative body may adjust the
560 terms of the members appointed under Subsection (5)(a) so that the terms of those members
561 coincide with the schedule under Subsection (4)(b) for elected members.
562 (ii) Subject to Subsection (6)(b)(iii), the legislative body of a county in which a
563 township reconstituted under Laws of Utah 1997, Chapter 389, or reinstated or established
564 under Subsection 17-27a-306(1)(k)(i) is located may enact an ordinance allowing each
565 appointed member of the planning and zoning board of the former township, established under
566 Laws of Utah 1996, Chapter 308, to continue to hold office as a member of the planning
567 commission of the reconstituted or reinstated township until the time that the member's term as
568 a member of the former township's planning and zoning board would have expired.
569 (iii) If a planning commission of a township reconstituted under Laws of Utah 1997,
570 Chapter 389, or reinstated or established under Subsection 17-27a-306(1)(k)(i) has more than
571 one appointed member who resides outside the township, the legislative body of the county in
572 which that township is located shall, within 15 days of the effective date of this Subsection
573 (6)(b)(iii), dismiss all but one of the appointed members who reside outside the township, and a
574 new member shall be appointed under Subsection (3)(b) to fill the position of each dismissed
575 member.
576 (7) (a) Except as provided in Subsection (7)(b), upon the appointment or election of all
577 members of a township planning commission, each township planning commission under this
578 section shall begin to exercise the powers and perform the duties provided in Section
579 17-27a-302 with respect to all matters then pending that previously had been under the
580 jurisdiction of the countywide planning commission or township planning and zoning board.
581 (b) Notwithstanding Subsection (7)(a), if the members of a former township planning
582 and zoning board continue to hold office as members of the planning commission of the
583 township planning district under an ordinance enacted under Subsection (5)(a), the township
584 planning commission shall immediately begin to exercise the powers and perform the duties
585 provided in Section 17-27a-302 with respect to all matters then pending that had previously
586 been under the jurisdiction of the township planning and zoning board.
587 (8) The legislative body may fix per diem compensation for the members of the
588 planning commission, based on necessary and reasonable expenses and on meetings actually
589 attended.
590 Section 6. Section 17-27a-302 is amended to read:
591 17-27a-302. Planning commission powers and duties.
592 (1) Each countywide [
593 commission shall, with respect to the unincorporated area of the county, [
594 the mountainous planning district, make a recommendation to the county legislative body for:
595 (a) a general plan and amendments to the general plan;
596 (b) land use ordinances, zoning maps, official maps, and amendments;
597 (c) an appropriate delegation of power to at least one designated land use authority to
598 hear and act on a land use application;
599 (d) an appropriate delegation of power to at least one appeal authority to hear and act
600 on an appeal from a decision of the land use authority; and
601 (e) application processes that:
602 (i) may include a designation of routine land use matters that, upon application and
603 proper notice, will receive informal streamlined review and action if the application is
604 uncontested; and
605 (ii) shall protect the right of each:
606 (A) applicant and third party to require formal consideration of any application by a
607 land use authority;
608 (B) applicant, adversely affected party, or county officer or employee to appeal a land
609 use authority's decision to a separate appeal authority; and
610 (C) participant to be heard in each public hearing on a contested application.
611 (2) The planning commission of a township under this part may recommend to the
612 legislative body of the county in which the township is located that the legislative body file a
613 protest to a proposed annexation of an area located within the township, as provided in
614 Subsection 10-2-407(1)(b).
615 Section 7. Section 17-27a-305 is amended to read:
616 17-27a-305. Other entities required to conform to county's land use ordinances --
617 Exceptions -- School districts and charter schools -- Submission of development plan and
618 schedule.
619 (1) (a) Each county, municipality, school district, charter school, local district, special
620 service district, and political subdivision of the state shall conform to any applicable land use
621 ordinance of any county when installing, constructing, operating, or otherwise using any area,
622 land, or building situated within a mountainous planning district or the unincorporated portion
623 of the county, as applicable.
624 (b) In addition to any other remedies provided by law, when a county's land use
625 ordinance is violated or about to be violated by another political subdivision, that county may
626 institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
627 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
628 (2) (a) Except as provided in Subsection (3), a school district or charter school is
629 subject to a county's land use ordinances.
630 (b) (i) Notwithstanding Subsection (3), a county may:
631 (A) subject a charter school to standards within each zone pertaining to setback, height,
632 bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
633 staging; and
634 (B) impose regulations upon the location of a project that are necessary to avoid
635 unreasonable risks to health or safety, as provided in Subsection (3)(f).
636 (ii) The standards to which a county may subject a charter school under Subsection
637 (2)(b)(i) shall be objective standards only and may not be subjective.
638 (iii) Except as provided in Subsection (7)(d), the only basis upon which a county may
639 deny or withhold approval of a charter school's land use application is the charter school's
640 failure to comply with a standard imposed under Subsection (2)(b)(i).
641 (iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
642 obligation to comply with a requirement of an applicable building or safety code to which it is
643 otherwise obligated to comply.
644 (3) A county may not:
645 (a) impose requirements for landscaping, fencing, aesthetic considerations,
646 construction methods or materials, additional building inspections, county building codes,
647 building use for educational purposes, or the placement or use of temporary classroom facilities
648 on school property;
649 (b) except as otherwise provided in this section, require a school district or charter
650 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
651 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
652 children and not located on or contiguous to school property, unless the roadway or sidewalk is
653 required to connect an otherwise isolated school site to an existing roadway;
654 (c) require a district or charter school to pay fees not authorized by this section;
655 (d) provide for inspection of school construction or assess a fee or other charges for
656 inspection, unless the school district or charter school is unable to provide for inspection by an
657 inspector, other than the project architect or contractor, who is qualified under criteria
658 established by the state superintendent;
659 (e) require a school district or charter school to pay any impact fee for an improvement
660 project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
661 (f) impose regulations upon the location of an educational facility except as necessary
662 to avoid unreasonable risks to health or safety; or
663 (g) for a land use or a structure owned or operated by a school district or charter school
664 that is not an educational facility but is used in support of providing instruction to pupils,
665 impose a regulation that:
666 (i) is not imposed on a similar land use or structure in the zone in which the land use or
667 structure is approved; or
668 (ii) uses the tax exempt status of the school district or charter school as criteria for
669 prohibiting or regulating the land use or location of the structure.
670 (4) Subject to Section 53A-20-108, a school district or charter school shall coordinate
671 the siting of a new school with the county in which the school is to be located, to:
672 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
673 the impacts between the new school and future highways; and
674 (b) maximize school, student, and site safety.
675 (5) Notwithstanding Subsection (3)(d), a county may, at its discretion:
676 (a) provide a walk-through of school construction at no cost and at a time convenient to
677 the district or charter school; and
678 (b) provide recommendations based upon the walk-through.
679 (6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
680 (i) a county building inspector;
681 (ii) (A) for a school district, a school district building inspector from that school
682 district; or
683 (B) for a charter school, a school district building inspector from the school district in
684 which the charter school is located; or
685 (iii) an independent, certified building inspector who is:
686 (A) not an employee of the contractor;
687 (B) approved by:
688 (I) a county building inspector; or
689 (II) (Aa) for a school district, a school district building inspector from that school
690 district; or
691 (Bb) for a charter school, a school district building inspector from the school district in
692 which the charter school is located; and
693 (C) licensed to perform the inspection that the inspector is requested to perform.
694 (b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
695 (c) If a school district or charter school uses a school district or independent building
696 inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
697 the state superintendent of public instruction and county building official, on a monthly basis
698 during construction of the school building, a copy of each inspection certificate regarding the
699 school building.
700 (7) (a) A charter school shall be considered a permitted use in all zoning districts
701 within a county.
702 (b) Each land use application for any approval required for a charter school, including
703 an application for a building permit, shall be processed on a first priority basis.
704 (c) Parking requirements for a charter school may not exceed the minimum parking
705 requirements for schools or other institutional public uses throughout the county.
706 (d) If a county has designated zones for a sexually oriented business, or a business
707 which sells alcohol, a charter school may be prohibited from a location which would otherwise
708 defeat the purpose for the zone unless the charter school provides a waiver.
709 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
710 occupancy of a school building from:
711 (A) the state superintendent of public instruction, as provided in Subsection
712 53A-20-104(3), if the school district or charter school used an independent building inspector
713 for inspection of the school building; or
714 (B) a county official with authority to issue the certificate, if the school district or
715 charter school used a county building inspector for inspection of the school building.
716 (ii) A school district may issue its own certificate authorizing permanent occupancy of
717 a school building if it used its own building inspector for inspection of the school building,
718 subject to the notification requirement of Subsection 53A-20-104(3)(a)(ii).
719 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
720 school building from a school district official with authority to issue the certificate, if the
721 charter school used a school district building inspector for inspection of the school building.
722 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
723 of public instruction under Subsection 53A-20-104(3) or a school district official with authority
724 to issue the certificate shall be considered to satisfy any county requirement for an inspection or
725 a certificate of occupancy.
726 (8) (a) A specified public agency intending to develop its land shall submit to the land
727 use authority a development plan and schedule:
728 (i) as early as practicable in the development process, but no later than the
729 commencement of construction; and
730 (ii) with sufficient detail to enable the land use authority to assess:
731 (A) the specified public agency's compliance with applicable land use ordinances;
732 (B) the demand for public facilities listed in Subsections 11-36a-102(16)(a), (b), (c),
733 (d), (e), and (g) caused by the development;
734 (C) the amount of any applicable fee described in Section 17-27a-509;
735 (D) any credit against an impact fee; and
736 (E) the potential for waiving an impact fee.
737 (b) The land use authority shall respond to a specified public agency's submission
738 under Subsection (8)(a) with reasonable promptness in order to allow the specified public
739 agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
740 process of preparing the budget for the development.
741 (9) Nothing in this section may be construed to:
742 (a) modify or supersede Section 17-27a-304; or
743 (b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that
744 fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
745 Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
746 1990, 42 U.S.C. 12102, or any other provision of federal law.
747 Section 8. Section 17-27a-401 is amended to read:
748 17-27a-401. General plan required -- Content -- Provisions related to radioactive
749 waste facility.
750 (1) In order to accomplish the purposes of this chapter, each county shall prepare and
751 adopt a comprehensive, long-range general plan [
752 (a) for present and future needs of the county; and
753 (b) (i) for growth and development of all or any part of the land within the
754 unincorporated portions of the county[
755 (ii) if a county has designated a mountainous planning district, for growth and
756 development of all or any part of the land within the mountainous planning district.
757 (2) The plan may provide for:
758 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
759 activities, aesthetics, and recreational, educational, and cultural opportunities;
760 (b) the reduction of the waste of physical, financial, or human resources that result
761 from either excessive congestion or excessive scattering of population;
762 (c) the efficient and economical use, conservation, and production of the supply of:
763 (i) food and water; and
764 (ii) drainage, sanitary, and other facilities and resources;
765 (d) the use of energy conservation and solar and renewable energy resources;
766 (e) the protection of urban development;
767 (f) the protection or promotion of moderate income housing;
768 (g) the protection and promotion of air quality;
769 (h) historic preservation;
770 (i) identifying future uses of land that are likely to require an expansion or significant
771 modification of services or facilities provided by each affected entity; and
772 (j) an official map.
773 (3) (a) The plan shall include specific provisions related to any areas within, or
774 partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
775 county, which are proposed for the siting of a storage facility or transfer facility for the
776 placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
777 these wastes are defined in Section 19-3-303. The provisions shall address the effects of the
778 proposed site upon the health and general welfare of citizens of the state, and shall provide:
779 (i) the information identified in Section 19-3-305;
780 (ii) information supported by credible studies that demonstrates that the provisions of
781 Subsection 19-3-307(2) have been satisfied; and
782 (iii) specific measures to mitigate the effects of high-level nuclear waste and greater
783 than class C radioactive waste and guarantee the health and safety of the citizens of the state.
784 (b) A county may, in lieu of complying with Subsection (3)(a), adopt an ordinance
785 indicating that all proposals for the siting of a storage facility or transfer facility for the
786 placement of high-level nuclear waste or greater than class C radioactive waste wholly or
787 partially within the county are rejected.
788 (c) A county may adopt the ordinance listed in Subsection (3)(b) at any time.
789 (d) The county shall send a certified copy of the ordinance under Subsection (3)(b) to
790 the executive director of the Department of Environmental Quality by certified mail within 30
791 days of enactment.
792 (e) If a county repeals an ordinance adopted pursuant to Subsection (3)(b) the county
793 shall:
794 (i) comply with Subsection (3)(a) as soon as reasonably possible; and
795 (ii) send a certified copy of the repeal to the executive director of the Department of
796 Environmental Quality by certified mail within 30 days after the repeal.
797 (4) The plan may define the county's local customs, local culture, and the components
798 necessary for the county's economic stability.
799 (5) Subject to Subsection 17-27a-403(2), the county may determine the
800 comprehensiveness, extent, and format of the general plan.
801 (6) If a county has designated a mountainous planning district, the general plan for the
802 mountainous planning district is the controlling plan and takes precedence over a municipality's
803 general plan for property located within the mountainous planning district.
804 Section 9. Section 17-27a-403 is amended to read:
805 17-27a-403. Plan preparation.
806 (1) (a) The planning commission shall provide notice, as provided in Section
807 17-27a-203, of its intent to make a recommendation to the county legislative body for a general
808 plan or a comprehensive general plan amendment when the planning commission initiates the
809 process of preparing its recommendation.
810 (b) The planning commission shall make and recommend to the legislative body a
811 proposed general plan for:
812 (i) the unincorporated area within the county[
813 (ii) if the planning commission is a planning commission for a mountainous planning
814 district, the mountainous planning district.
815 (c) (i) The plan may include planning for incorporated areas if, in the planning
816 commission's judgment, they are related to the planning of the unincorporated territory or of
817 the county as a whole.
818 (ii) Elements of the county plan that address incorporated areas are not an official plan
819 or part of a municipal plan for any municipality, unless it is recommended by the municipal
820 planning commission and adopted by the governing body of the municipality.
821 (iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
822 planning district, the plan for the mountainous planning district controls and precedes a
823 municipal plan, if any, to which the property would be subject.
824 (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
825 and descriptive and explanatory matter, shall include the planning commission's
826 recommendations for the following plan elements:
827 (i) a land use element that:
828 (A) designates the long-term goals and the proposed extent, general distribution, and
829 location of land for housing, business, industry, agriculture, recreation, education, public
830 buildings and grounds, open space, and other categories of public and private uses of land as
831 appropriate; and
832 (B) may include a statement of the projections for and standards of population density
833 and building intensity recommended for the various land use categories covered by the plan;
834 (ii) a transportation and traffic circulation element consisting of the general location
835 and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
836 any other modes of transportation that the planning commission considers appropriate, all
837 correlated with the population projections and the proposed land use element of the general
838 plan; and
839 (iii) an estimate of the need for the development of additional moderate income
840 housing within the unincorporated area of the county or the mountainous planning district, and
841 a plan to provide a realistic opportunity to meet estimated needs for additional moderate
842 income housing if long-term projections for land use and development occur.
843 (b) In drafting the moderate income housing element, the planning commission:
844 (i) shall consider the Legislature's determination that counties should facilitate a
845 reasonable opportunity for a variety of housing, including moderate income housing:
846 (A) to meet the needs of people desiring to live there; and
847 (B) to allow persons with moderate incomes to benefit from and fully participate in all
848 aspects of neighborhood and community life; and
849 (ii) may include an analysis of why the recommended means, techniques, or
850 combination of means and techniques provide a realistic opportunity for the development of
851 moderate income housing within the planning horizon, which means or techniques may include
852 a recommendation to:
853 (A) rezone for densities necessary to assure the production of moderate income
854 housing;
855 (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
856 construction of moderate income housing;
857 (C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
858 income housing;
859 (D) consider county general fund subsidies to waive construction related fees that are
860 otherwise generally imposed by the county;
861 (E) consider utilization of state or federal funds or tax incentives to promote the
862 construction of moderate income housing;
863 (F) consider utilization of programs offered by the Utah Housing Corporation within
864 that agency's funding capacity; and
865 (G) consider utilization of affordable housing programs administered by the
866 Department of Workforce Services.
867 (c) In drafting the land use element, the planning commission shall:
868 (i) identify and consider each agriculture protection area within the unincorporated area
869 of the county or mountainous planning district; and
870 (ii) avoid proposing a use of land within an agriculture protection area that is
871 inconsistent with or detrimental to the use of the land for agriculture.
872 (3) The proposed general plan may include:
873 (a) an environmental element that addresses:
874 (i) the protection, conservation, development, and use of natural resources, including
875 the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
876 and other natural resources; and
877 (ii) the reclamation of land, flood control, prevention and control of the pollution of
878 streams and other waters, regulation of the use of land on hillsides, stream channels and other
879 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
880 protection of watersheds and wetlands, and the mapping of known geologic hazards;
881 (b) a public services and facilities element showing general plans for sewage, water,
882 waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
883 police and fire protection, and other public services;
884 (c) a rehabilitation, redevelopment, and conservation element consisting of plans and
885 programs for:
886 (i) historic preservation;
887 (ii) the diminution or elimination of blight; and
888 (iii) redevelopment of land, including housing sites, business and industrial sites, and
889 public building sites;
890 (d) an economic element composed of appropriate studies and forecasts, as well as an
891 economic development plan, which may include review of existing and projected county
892 revenue and expenditures, revenue sources, identification of basic and secondary industry,
893 primary and secondary market areas, employment, and retail sales activity;
894 (e) recommendations for implementing all or any portion of the general plan, including
895 the use of land use ordinances, capital improvement plans, community development and
896 promotion, and any other appropriate action;
897 (f) provisions addressing any of the matters listed in Subsection 17-27a-401(2); and
898 (g) any other element the county considers appropriate.
899 Section 10. Section 17-27a-502 is amended to read:
900 17-27a-502. Preparation and adoption of land use ordinance or zoning map.
901 (1) The planning commission shall:
902 (a) provide notice as required by Subsection 17-27a-205(1)(a) and, if applicable,
903 Subsection 17-27a-205(4);
904 (b) hold a public hearing on a proposed land use ordinance or zoning map;
905 (c) if applicable, consider each written objection filed in accordance with Subsection
906 17-27a-205(4) prior to the public hearing; and
907 (d) (i) prepare and recommend to the legislative body a proposed land use ordinance or
908 ordinances and zoning map that represent the planning commission's recommendation for
909 regulating the use and development of land within:
910 (A) all or any part of the unincorporated area of the county; [
911 (B) for a mountainous planning district, all or any part of the area in the mountainous
912 planning district; and
913 (ii) forward to the legislative body all objections filed in accordance with Subsection
914 17-27a-205(4).
915 (2) The county legislative body shall consider each proposed land use ordinance and
916 zoning map recommended to it by the planning commission, and, after providing notice as
917 required by Subsection 17-27a-205(1)(b) and holding a public meeting, the legislative body
918 may adopt or reject the proposed ordinance or map either as proposed by the planning
919 commission or after making any revision the county legislative body considers appropriate.
920 Section 11. Section 17-27a-505.5 is amended to read:
921 17-27a-505.5. Limit on single family designation.
922 (1) As used in this section, "single-family limit" means the number of unrelated
923 individuals allowed to occupy each residential unit that is recognized by a land use authority in
924 a zone permitting occupancy by a single family.
925 (2) A county may not adopt a single-family limit that is less than:
926 (a) three, if the county has within its unincorporated area:
927 (i) a state university; [
928 (ii) a private university with a student population of at least 20,000; or
929 (iii) a mountainous planning district; or
930 (b) four, for each other county.
931 Section 12. Section 17-27a-602 is amended to read:
932 17-27a-602. Planning commission preparation and recommendation of
933 subdivision ordinance -- Adoption or rejection by legislative body.
934 (1) The planning commission shall:
935 (a) prepare and recommend a proposed ordinance to the legislative body that regulates
936 the subdivision of land;
937 (b) prepare and recommend or consider and recommend a proposed ordinance that
938 amends the regulation of the subdivision of the unincorporated land in the county or, in the
939 case of a mountainous planning district, the mountainous planning district;
940 (c) provide notice consistent with Section 17-27a-205; and
941 (d) hold a public hearing on the proposed ordinance before making its final
942 recommendation to the legislative body.
943 (2) The county legislative body may adopt or reject the ordinance either as proposed by
944 the planning commission or after making any revision the county legislative body considers
945 appropriate.
946 Section 13. Section 17-27a-604 is amended to read:
947 17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
948 (1) A person may not submit a subdivision plat to the county recorder's office for
949 recording unless:
950 (a) the person has complied with the requirements of Subsection 17-27a-603(4)(a);
951 (b) the plat has been approved by:
952 (i) the land use authority of the:
953 (A) county in whose unincorporated area the land described in the plat is located; [
954 or
955 (B) mountainous planning district in whose area the land described in the plat is
956 located; and
957 (ii) other officers that the county designates in its ordinance; and
958 (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
959 designated officers.
960 (2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if
961 the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a,
962 Community Association Act.
963 (3) A plat recorded without the signatures required under this section is void.
964 (4) A transfer of land pursuant to a void plat is voidable.
965 Section 14. Section 17-27a-605 is amended to read:
966 17-27a-605. Exemptions from plat requirement.
967 (1) Notwithstanding Sections 17-27a-603 and 17-27a-604, the land use authority may
968 approve the subdivision of unincorporated land or mountainous planning district land into 10
969 lots or less without a plat, by certifying in writing that:
970 (a) the county has provided notice as required by ordinance; and
971 (b) the proposed subdivision:
972 (i) is not traversed by the mapped lines of a proposed street as shown in the general
973 plan and does not require the dedication of any land for street or other public purposes;
974 (ii) has been approved by the culinary water authority and the sanitary sewer authority;
975 (iii) is located in a zoned area; and
976 (iv) conforms to all applicable land use ordinances or has properly received a variance
977 from the requirements of an otherwise conflicting and applicable land use ordinance.
978 (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
979 land is exempt from the plat requirements of Section 17-27a-603 if:
980 (i) the lot or parcel:
981 (A) qualifies as land in agricultural use under Section 59-2-502; and
982 (B) is not used and will not be used for any nonagricultural purpose; and
983 (ii) the new owner of record completes, signs, and records with the county recorder a
984 notice:
985 (A) describing the parcel by legal description; and
986 (B) stating that the lot or parcel is created for agricultural purposes as defined in
987 Section 59-2-502 and will remain so until a future zoning change permits other uses.
988 (b) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
989 purpose, the county shall require the lot or parcel to comply with the requirements of Section
990 17-27a-603 and all applicable land use ordinance requirements.
991 (3) (a) Except as provided in Subsection (4), a document recorded in the county
992 recorder's office that divides property by a metes and bounds description does not create an
993 approved subdivision allowed by this part unless the land use authority's certificate of written
994 approval required by Subsection (1) is attached to the document.
995 (b) The absence of the certificate or written approval required by Subsection (1) does
996 not:
997 (i) prohibit the county recorder from recording a document; or
998 (ii) affect the validity of a recorded document.
999 (c) A document which does not meet the requirements of Subsection (1) may be
1000 corrected by the recording of an affidavit to which the required certificate or written approval is
1001 attached in accordance with Section 57-3-106.
1002 (4) (a) As used in this Subsection (4):
1003 (i) "Divided land" means land that:
1004 (A) is described as the land to be divided in a notice under Subsection (4)(b)(ii); and
1005 (B) has been divided by a minor subdivision.
1006 (ii) "Land to be divided" means land that is proposed to be divided by a minor
1007 subdivision.
1008 (iii) "Minor subdivision" means a division of at least 100 contiguous acres of
1009 agricultural land in a county of the third, fourth, fifth, or sixth class to create one new lot that,
1010 after the division, is separate from the remainder of the original 100 or more contiguous acres
1011 of agricultural land.
1012 (iv) "Minor subdivision lot" means a lot created by a minor subdivision.
1013 (b) Notwithstanding Sections 17-27a-603 and 17-27a-604, an owner of at least 100
1014 contiguous acres of agricultural land may make a minor subdivision by submitting for
1015 recording in the office of the recorder of the county in which the land to be divided is located:
1016 (i) a recordable deed containing the legal description of the minor subdivision lot; and
1017 (ii) a notice:
1018 (A) indicating that the owner of the land to be divided is making a minor subdivision;
1019 (B) referring specifically to this section as the authority for making the minor
1020 subdivision; and
1021 (C) containing the legal description of:
1022 (I) the land to be divided; and
1023 (II) the minor subdivision lot.
1024 (c) A minor subdivision lot:
1025 (i) may not be less than one acre in size;
1026 (ii) may not be within 1,000 feet of another minor subdivision lot; and
1027 (iii) is not subject to the subdivision ordinance of the county in which the minor
1028 subdivision lot is located.
1029 (d) Land to be divided by a minor subdivision may not include divided land.
1030 (e) A county:
1031 (i) may not deny a building permit to an owner of a minor subdivision lot based on:
1032 (A) the lot's status as a minor subdivision lot; or
1033 (B) the absence of standards described in Subsection (4)(e)(ii); and
1034 (ii) may, in connection with the issuance of a building permit, subject a minor
1035 subdivision lot to reasonable health, safety, and access standards that the county has established
1036 and made public.
1037 Section 15. Section 17-27a-901 is enacted to read:
1038
1039 17-27a-901. Mountainous planning district.
1040 (1) (a) The legislative body of a county of the first class may adopt an ordinance
1041 designating an area located within the county as a mountainous planning district if the
1042 legislative body determines that:
1043 (i) the area is primarily used for recreational purposes, including canyons, foothills, ski
1044 resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas;
1045 (ii) the area is used by residents of the county who live inside and outside the limits of
1046 a municipality;
1047 (iii) the total resident population in the proposed mountainous planning district is equal
1048 to or less than 5% of the population of the county; and
1049 (iv) the area is within the unincorporated area of the county or was within the
1050 unincorporated area of the county before May 12, 2015.
1051 (b) (i) A mountainous planning district may include within its boundaries a
1052 municipality, whether in whole or in part.
1053 (ii) If a mountainous planning district includes within its boundaries an unincorporated
1054 area, and that area subsequently incorporates as a municipality:
1055 (A) the area of the incorporated municipality that is located in the mountainous
1056 planning district is included within the mountainous planning district boundaries; and
1057 (B) property within the municipality that is also within the mountainous planning
1058 district is subject to the authority of the mountainous planning district.
1059 (iii) A subdivision and zoning ordinance that governs property located within a
1060 mountainous planning district shall control over any subdivision or zoning ordinance, as
1061 applicable, that a municipality may adopt.
1062 (c) The population figure under Subsection (1)(a)(iii) shall be derived from a
1063 population estimate by the Utah Population Estimates Committee.
1064 (d) If any portion of a proposed mountainous planning district includes a municipality
1065 with a land base of five square miles or less, the county shall ensure that all of that municipality
1066 is wholly located within the boundaries of the mountainous planning district.
1067 (2) (a) Notwithstanding Subsection 10-9a-102(2), 17-34-1(2)(a), or 17-50-302(1)(b), or
1068 Section 17-50-314, a county may adopt a general plan and adopt a zoning or subdivision
1069 ordinance for a property that is located within:
1070 (i) a mountainous planning district; and
1071 (ii) a municipality.
1072 (b) A county plan or zoning or subdivision ordinance governs a property described in
1073 Subsection (2)(a).
1074 Section 16. Section 63I-2-210 is amended to read:
1075 63I-2-210. Repeal dates -- Title 10.
1076 (1) Section 10-2-130 is repealed July 1, 2016.
1077 [
1078 (2) Subsection 10-9a-304(2) is repealed June 1, 2016.
1079 Section 17. Section 63I-2-217 is amended to read:
1080 63I-2-217. Repeal dates -- Title 17.
1081 (1) Subsection 17-8-7(2), the language that states "Sections 17-19-1 to 17-19-28 and"
1082 and ", as applicable," is repealed January 1, 2015.
1083 (2) Section 17-15-30 is repealed July 1, 2015.
1084 (3) Title 17, Chapter 19, County Auditor, is repealed January 1, 2015.
1085 (4) Subsection 17-24-1(4)(b), the language that states ", as applicable, Sections
1086 17-19-1, 17-19-3, and 17-19-5 or" is repealed January 1, 2015.
1087 (5) Subsection 17-24-4(2), the language that states ", as applicable, Subsection
1088 17-19-3(3)(b) or" is repealed January 1, 2015.
1089 (6) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
1090 planning district" is repealed June 1, 2016.
1091 (7) (a) Subsection 17-27a-103(15)(b) is repealed June 1, 2016.
1092 (b) Subsection 17-27a-103(34) is repealed June 1, 2016.
1093 (8) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
1094 district area" is repealed June 1, 2016.
1095 (9) (a) Subsection 17-27a-301(1)(b)(iii) is repealed June 1, 2016.
1096 (b) Subsection 17-27a-301(1)(c) is repealed June 1, 2016.
1097 (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
1098 (1)(a) or (c)" is repealed June 1, 2016.
1099 (10) Subsection 17-27a-302(1), the language that states ", or mountainous planning
1100 district" and "or the mountainous planning district," is repealed June 1, 2016.
1101 (11) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
1102 district or" and ", as applicable" is repealed June 1, 2016.
1103 (12) (a) Subsection 17-27a-401(1)(b)(ii) is repealed June 1, 2016.
1104 (b) Subsection 17-27a-401(6) is repealed June 1, 2016.
1105 (13) (a) Subsection 17-27a-403(1)(b)(ii) is repealed June 1, 2016.
1106 (b) Subsection 17-27a-403(1)(c)(iii) is repealed June 1, 2016.
1107 (c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
1108 district" is repealed June 1, 2016.
1109 (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
1110 district" is repealed June 1, 2016.
1111 (14) Subsection 17-27a-502(1)(d)(i)(B) is repealed June 1, 2016.
1112 (15) Subsection 17-27a-505.5 (2)(a)(iii) is repealed June 1, 2016.
1113 (16) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
1114 mountainous planning district, the mountainous planning district" is repealed June 1, 2016.
1115 (17) Subsection 17-27a-604(1)(b)(i)(B) is repealed June 1, 2016.
1116 (18) Subsection 17-27a-605(1), the language that states "or mountainous planning
1117 district land" is repealed June 1, 2016.
1118 (19) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
1119 2016.
1120 [
1121 second, third, fourth, fifth, or sixth class, the county auditor, county clerk, or county executive
1122 as provided in Subsection 17-19-19(1); or" is repealed January 1, 2015.
1123 (b) Subsection 17-36-3(5)(b), the language that states "for a county of the first class," is
1124 repealed January 1, 2015.
1125 (c) Subsection 17-36-3(7), the language that states "17-19-3," and ", or 17-24-4, as
1126 applicable" is repealed January 1, 2015.
1127 [
1128 applicable, or" is repealed January 1, 2015.
1129 [
1130 January 1, 2015:
1131 "(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
1132 sixth class is not subject to the provisions of this section; and
1133 (b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
1134 is subject to the provisions of this section.".
1135 [
1136 [
1137 January 1, 2015:
1138 "(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
1139 sixth class is not subject to the provisions of this section; and
1140 (b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
1141 is subject to the provisions of this section.".
1142 [
1143 [
1144 January 1, 2015:
1145 "(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
1146 sixth class is not subject to the provisions of this section; and
1147 (b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
1148 is subject to the provisions of this section.".
1149 [
1150 [
1151 January 1, 2015:
1152 "(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
1153 sixth class is not subject to the provisions of this section; and
1154 (b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
1155 is subject to the provisions of this section.".
1156 [
1157 [
1158 applicable, and" is repealed January 1, 2015.
1159 [
1160 January 1, 2015:
1161 "(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
1162 sixth class is not subject to the provisions of this section; and
1163 (b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
1164 is subject to the provisions of this section.".
1165 [
1166 [
1167 repealed January 1, 2015.
1168 [
1169 January 1, 2015:
1170 "(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
1171 sixth class is not subject to the provisions of this section; and
1172 (b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
1173 is subject to the provisions of this section.".
1174 [
1175 [
1176 applicable" is repealed January 1, 2015.
1177 [
1178 January 1, 2015:
1179 "(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
1180 sixth class is not subject to the provisions of this section; and
1181 (b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
1182 is subject to the provisions of this section.".
1183 [
1184 [
1185 as applicable" is repealed January 1, 2015.
1186 [
1187 Legislative Research and General Counsel shall:
1188 (a) in addition to its authority under Subsection 36-12-12(3), make corrections
1189 necessary to ensure that sections and subsections identified in this section are complete
1190 sentences and accurately reflect the office's perception of the Legislature's intent; and
1191 (b) identify the text of the affected sections and subsections based upon the section and
1192 subsection numbers used in Laws of Utah 2012, Chapter 17.
1193 (41) On June 1, 2016, when making the changes in this section, the Office of
1194 Legislative Research and General Counsel shall:
1195 (a) in addition to its authority under Subsection 36-12-12(3), make corrections
1196 necessary to ensure that sections and subsections identified in this section are complete
1197 sentences and accurately reflect the office's perception of the Legislature's intent; and
1198 (b) identify the text of the affected sections and subsections based upon the section and
1199 subsection numbers used in this bill.
1200 Section 18. Revisor instructions.
1201 The Legislature intends that the Office of Legislative Research and General Counsel, in
1202 preparing the Utah Code database for publication, replace the language "this bill" in Subsection
1203 63I-2-217(41)(b) with the bill's designated chapter number in the Laws of Utah.