1     
LAND USE AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jerry W. Stevenson

5     
House Sponsor: Mike Schultz

6     

7     LONG TITLE
8     General Description:
9          This bill amends municipal and county land use provisions.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     authorizes a municipality or county to make certain exceptions from specific zoning
14     district standards;
15          ▸     requires a surveyor to consult with an owner or operator of an existing or proposed
16     underground facility or utility facility for verification of the surveyor's depiction;
17          ▸     amends provisions related to the completion of landscaping and infrastructure
18     improvement prior to recording a plat;
19          ▸     amends provisions prohibiting certain counties from adopting a land use ordinance
20     that requires an owner to landscape certain single family dwellings;
21          ▸     prohibits a municipality or a county from denying a building permit for an
22     incomplete nonessential improvement; and
23          ▸     makes technical and conforming amendments.
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 2014, Chapters 136 and 363
31          10-9a-505, as last amended by Laws of Utah 2008, Chapter 326
32          10-9a-603, as last amended by Laws of Utah 2010, Chapters 269 and 381
33          10-9a-604.5, as repealed and reenacted by Laws of Utah 2013, Chapter 309
34          10-9a-606, as last amended by Laws of Utah 2010, Chapter 381
35          10-9a-802, as renumbered and amended by Laws of Utah 2005, Chapter 254
36          17-27a-103, as last amended by Laws of Utah 2014, Chapters 136 and 363
37          17-27a-505, as last amended by Laws of Utah 2013, Chapter 476
38          17-27a-603, as last amended by Laws of Utah 2011, Chapter 377
39          17-27a-604.5, as repealed and reenacted by Laws of Utah 2013, Chapter 309
40          17-27a-606, as last amended by Laws of Utah 2010, Chapter 381
41          17-27a-802, as renumbered and amended by Laws of Utah 2005, Chapter 254
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 10-9a-103 is amended to read:
45          10-9a-103. Definitions.
46          As used in this chapter:
47          (1) "Affected entity" means a county, municipality, local district, special service
48     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
49     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
50     public utility, property owner, property owners association, or the Utah Department of
51     Transportation, if:
52          (a) the entity's services or facilities are likely to require expansion or significant
53     modification because of an intended use of land;
54          (b) the entity has filed with the municipality a copy of the entity's general or long-range
55     plan; or
56          (c) the entity has filed with the municipality a request for notice during the same
57     calendar year and before the municipality provides notice to an affected entity in compliance
58     with a requirement imposed under this chapter.
59          (2) "Appeal authority" means the person, board, commission, agency, or other body
60     designated by ordinance to decide an appeal of a decision of a land use application or a
61     variance.
62          (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
63     residential property if the sign is designed or intended to direct attention to a business, product,
64     or service that is not sold, offered, or existing on the property where the sign is located.
65          (4) (a) "Charter school" means:
66          (i) an operating charter school;
67          (ii) a charter school applicant that has its application approved by a charter school
68     authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
69          (iii) an entity that is working on behalf of a charter school or approved charter
70     applicant to develop or construct a charter school building.
71          (b) "Charter school" does not include a therapeutic school.
72          (5) "Conditional use" means a land use that, because of its unique characteristics or
73     potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
74     compatible in some areas or may be compatible only if certain conditions are required that
75     mitigate or eliminate the detrimental impacts.
76          (6) "Constitutional taking" means a governmental action that results in a taking of
77     private property so that compensation to the owner of the property is required by the:
78          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
79          (b) Utah Constitution Article I, Section 22.
80          (7) "Culinary water authority" means the department, agency, or public entity with
81     responsibility to review and approve the feasibility of the culinary water system and sources for
82     the subject property.
83          (8) "Development activity" means:
84          (a) any construction or expansion of a building, structure, or use that creates additional
85     demand and need for public facilities;
86          (b) any change in use of a building or structure that creates additional demand and need
87     for public facilities; or
88          (c) any change in the use of land that creates additional demand and need for public
89     facilities.
90          (9) (a) "Disability" means a physical or mental impairment that substantially limits one
91     or more of a person's major life activities, including a person having a record of such an
92     impairment or being regarded as having such an impairment.
93          (b) "Disability" does not include current illegal use of, or addiction to, any federally
94     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
95     802.
96          (10) "Educational facility":
97          (a) means:
98          (i) a school district's building at which pupils assemble to receive instruction in a
99     program for any combination of grades from preschool through grade 12, including
100     kindergarten and a program for children with disabilities;
101          (ii) a structure or facility:
102          (A) located on the same property as a building described in Subsection (10)(a)(i); and
103          (B) used in support of the use of that building; and
104          (iii) a building to provide office and related space to a school district's administrative
105     personnel; and
106          (b) does not include:
107          (i) land or a structure, including land or a structure for inventory storage, equipment
108     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
109          (A) not located on the same property as a building described in Subsection (10)(a)(i);
110     and
111          (B) used in support of the purposes of a building described in Subsection (10)(a)(i); or
112          (ii) a therapeutic school.
113          (11) "Fire authority" means the department, agency, or public entity with responsibility
114     to review and approve the feasibility of fire protection and suppression services for the subject
115     property.
116          (12) "Flood plain" means land that:
117          (a) is within the 100-year flood plain designated by the Federal Emergency
118     Management Agency; or
119          (b) has not been studied or designated by the Federal Emergency Management Agency
120     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
121     the land has characteristics that are similar to those of a 100-year flood plain designated by the
122     Federal Emergency Management Agency.
123          (13) "General plan" means a document that a municipality adopts that sets forth general
124     guidelines for proposed future development of the land within the municipality.
125          (14) "Geologic hazard" means:
126          (a) a surface fault rupture;
127          (b) shallow groundwater;
128          (c) liquefaction;
129          (d) a landslide;
130          (e) a debris flow;
131          (f) unstable soil;
132          (g) a rock fall; or
133          (h) any other geologic condition that presents a risk:
134          (i) to life;
135          (ii) of substantial loss of real property; or
136          (iii) of substantial damage to real property.
137          (15) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
138     meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
139     utility system.
140          (16) "Identical plans" means building plans submitted to a municipality that:
141          (a) are clearly marked as "identical plans";
142          (b) are substantially identical to building plans that were previously submitted to and
143     reviewed and approved by the municipality; and
144          (c) describe a building that:
145          (i) is located on land zoned the same as the land on which the building described in the
146     previously approved plans is located;
147          (ii) is subject to the same geological and meteorological conditions and the same law
148     as the building described in the previously approved plans;
149          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
150     and approved by the municipality; and
151          (iv) does not require any additional engineering or analysis.
152          (17) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
153     Impact Fees Act.
154          (18) "Improvement completion assurance" means a surety bond, letter of credit,
155     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
156     by a municipality to guaranty the proper completion of landscaping or an infrastructure [that
157     the land use authority has] improvement required as a condition precedent to:
158          (a) recording a subdivision plat; or
159          (b) [beginning] development [activity] of a commercial, industrial, mixed use, or
160     multifamily project.
161          (19) "Improvement warranty" means an applicant's unconditional warranty that the
162     applicant's installed and accepted landscaping or infrastructure improvement:
163          (a) complies with the municipality's written standards for design, materials, and
164     workmanship; and
165          (b) will not fail in any material respect, as a result of poor workmanship or materials,
166     within the improvement warranty period.
167          (20) "Improvement warranty period" means a period:
168          (a) no later than one year after a municipality's acceptance of required landscaping; or
169          (b) no later than one year after a municipality's acceptance of required infrastructure,
170     unless the municipality:
171          (i) determines for good cause that a one-year period would be inadequate to protect the
172     public health, safety, and welfare; and
173          (ii) has substantial evidence, on record:
174          (A) of prior poor performance by the applicant; or
175          (B) that the area upon which the infrastructure will be constructed contains suspect soil
176     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
177          (21) "Infrastructure improvement" means permanent infrastructure that an applicant
178     must install:
179          (a) pursuant to published installation and inspection specifications for public
180     improvements; and
181          (b) as a condition of:
182          (i) recording a subdivision plat; or
183          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
184     project.
185          [(21)] (22) "Internal lot restriction" means a platted note, platted demarcation, or
186     platted designation that:
187          (a) runs with the land; and
188          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
189     the plat; or
190          (ii) designates a development condition that is enclosed within the perimeter of a lot
191     described on the plat.
192          [(22)] (23) "Land use application" means an application required by a municipality's
193     land use ordinance.
194          [(23)] (24) "Land use authority" means:
195          (a) a person, board, commission, agency, or body, including the local legislative body,
196     designated by the local legislative body to act upon a land use application; or
197          (b) if the local legislative body has not designated a person, board, commission,
198     agency, or body, the local legislative body.
199          [(24)] (25) "Land use ordinance" means a planning, zoning, development, or
200     subdivision ordinance of the municipality, but does not include the general plan.
201          [(25)] (26) "Land use permit" means a permit issued by a land use authority.
202          [(26)] (27) "Legislative body" means the municipal council.
203          [(27)] (28) "Local district" means an entity under Title 17B, Limited Purpose Local
204     Government Entities - Local Districts, and any other governmental or quasi-governmental
205     entity that is not a county, municipality, school district, or the state.
206          [(28)] (29) "Lot line adjustment" means the relocation of the property boundary line in
207     a subdivision between two adjoining lots with the consent of the owners of record.
208          [(29)] (30) "Moderate income housing" means housing occupied or reserved for
209     occupancy by households with a gross household income equal to or less than 80% of the
210     median gross income for households of the same size in the county in which the city is located.
211          [(30)] (31) "Nominal fee" means a fee that reasonably reimburses a municipality only
212     for time spent and expenses incurred in:
213          (a) verifying that building plans are identical plans; and
214          (b) reviewing and approving those minor aspects of identical plans that differ from the
215     previously reviewed and approved building plans.
216          [(31)] (32) "Noncomplying structure" means a structure that:
217          (a) legally existed before its current land use designation; and
218          (b) because of one or more subsequent land use ordinance changes, does not conform
219     to the setback, height restrictions, or other regulations, excluding those regulations, which
220     govern the use of land.
221          [(32)] (33) "Nonconforming use" means a use of land that:
222          (a) legally existed before its current land use designation;
223          (b) has been maintained continuously since the time the land use ordinance governing
224     the land changed; and
225          (c) because of one or more subsequent land use ordinance changes, does not conform
226     to the regulations that now govern the use of the land.
227          [(33)] (34) "Official map" means a map drawn by municipal authorities and recorded in
228     a county recorder's office that:
229          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
230     highways and other transportation facilities;
231          (b) provides a basis for restricting development in designated rights-of-way or between
232     designated setbacks to allow the government authorities time to purchase or otherwise reserve
233     the land; and
234          (c) has been adopted as an element of the municipality's general plan.
235          [(34)] (35) "Parcel boundary adjustment" means a recorded agreement between owners
236     of adjoining properties adjusting their mutual boundary if:
237          (a) no additional parcel is created; and
238          (b) each property identified in the agreement is unsubdivided land, including a
239     remainder of subdivided land.
240          [(35)] (36) "Person" means an individual, corporation, partnership, organization,
241     association, trust, governmental agency, or any other legal entity.
242          [(36)] (37) "Plan for moderate income housing" means a written document adopted by
243     a city legislative body that includes:
244          (a) an estimate of the existing supply of moderate income housing located within the
245     city;
246          (b) an estimate of the need for moderate income housing in the city for the next five
247     years as revised biennially;
248          (c) a survey of total residential land use;
249          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
250     income housing; and
251          (e) a description of the city's program to encourage an adequate supply of moderate
252     income housing.
253          [(37)] (38) "Plat" means a map or other graphical representation of lands being laid out
254     and prepared in accordance with Section 10-9a-603, 17-23-17, or 57-8-13.
255          [(38)] (39) "Potential geologic hazard area" means an area that:
256          (a) is designated by a Utah Geological Survey map, county geologist map, or other
257     relevant map or report as needing further study to determine the area's potential for geologic
258     hazard; or
259          (b) has not been studied by the Utah Geological Survey or a county geologist but
260     presents the potential of geologic hazard because the area has characteristics similar to those of
261     a designated geologic hazard area.
262          [(39)] (40) "Public agency" means:
263          (a) the federal government;
264          (b) the state;
265          (c) a county, municipality, school district, local district, special service district, or other
266     political subdivision of the state; or
267          (d) a charter school.
268          [(40)] (41) "Public hearing" means a hearing at which members of the public are
269     provided a reasonable opportunity to comment on the subject of the hearing.
270          [(41)] (42) "Public meeting" means a meeting that is required to be open to the public
271     under Title 52, Chapter 4, Open and Public Meetings Act.
272          [(42)] (43) "Receiving zone" means an area of a municipality that the municipality
273     designates, by ordinance, as an area in which an owner of land may receive a transferable
274     development right.
275          [(43)] (44) "Record of survey map" means a map of a survey of land prepared in
276     accordance with Section 17-23-17.
277          [(44)] (45) "Residential facility for persons with a disability" means a residence:
278          (a) in which more than one person with a disability resides; and
279          (b) (i) which is licensed or certified by the Department of Human Services under Title
280     62A, Chapter 2, Licensure of Programs and Facilities; or
281          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
282     21, Health Care Facility Licensing and Inspection Act.
283          [(45)] (46) "Rules of order and procedure" means a set of rules that govern and
284     prescribe in a public meeting:
285          (a) parliamentary order and procedure;
286          (b) ethical behavior; and
287          (c) civil discourse.
288          [(46)] (47) "Sanitary sewer authority" means the department, agency, or public entity
289     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
290     wastewater systems.
291          [(47)] (48) "Sending zone" means an area of a municipality that the municipality
292     designates, by ordinance, as an area from which an owner of land may transfer a transferable
293     development right.
294          [(48)] (49) "Specified public agency" means:
295          (a) the state;
296          (b) a school district; or
297          (c) a charter school.
298          [(49)] (50) "Specified public utility" means an electrical corporation, gas corporation,
299     or telephone corporation, as those terms are defined in Section 54-2-1.
300          [(50)] (51) "State" includes any department, division, or agency of the state.
301          [(51)] (52) "Street" means a public right-of-way, including a highway, avenue,
302     boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
303     or other way.
304          [(52)] (53) (a) "Subdivision" means any land that is divided, resubdivided or proposed
305     to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
306     purpose, whether immediate or future, for offer, sale, lease, or development either on the
307     installment plan or upon any and all other plans, terms, and conditions.
308          (b) "Subdivision" includes:
309          (i) the division or development of land whether by deed, metes and bounds description,
310     devise and testacy, map, plat, or other recorded instrument; and
311          (ii) except as provided in Subsection [(52)] (53)(c), divisions of land for residential and
312     nonresidential uses, including land used or to be used for commercial, agricultural, and
313     industrial purposes.
314          (c) "Subdivision" does not include:
315          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
316     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
317     neither the resulting combined parcel nor the parcel remaining from the division or partition
318     violates an applicable land use ordinance;
319          (ii) a recorded agreement between owners of adjoining unsubdivided properties
320     adjusting their mutual boundary if:
321          (A) no new lot is created; and
322          (B) the adjustment does not violate applicable land use ordinances;
323          (iii) a recorded document, executed by the owner of record:
324          (A) revising the legal description of more than one contiguous unsubdivided parcel of
325     property into one legal description encompassing all such parcels of property; or
326          (B) joining a subdivided parcel of property to another parcel of property that has not
327     been subdivided, if the joinder does not violate applicable land use ordinances;
328          (iv) a recorded agreement between owners of adjoining subdivided properties adjusting
329     their mutual boundary if:
330          (A) no new dwelling lot or housing unit will result from the adjustment; and
331          (B) the adjustment will not violate any applicable land use ordinance;
332          (v) a bona fide division or partition of land by deed or other instrument where the land
333     use authority expressly approves in writing the division in anticipation of further land use
334     approvals on the parcel or parcels; or
335          (vi) a parcel boundary adjustment.
336          (d) The joining of a subdivided parcel of property to another parcel of property that has
337     not been subdivided does not constitute a subdivision under this Subsection [(52)] (53) as to
338     the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
339     subdivision ordinance.
340          [(53)] (54) "Suspect soil" means soil that has:
341          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
342     3% swell potential;
343          (b) bedrock units with high shrink or swell susceptibility; or
344          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
345     commonly associated with dissolution and collapse features.
346          [(54)] (55) "Therapeutic school" means a residential group living facility:
347          (a) for four or more individuals who are not related to:
348          (i) the owner of the facility; or
349          (ii) the primary service provider of the facility;
350          (b) that serves students who have a history of failing to function:
351          (i) at home;
352          (ii) in a public school; or
353          (iii) in a nonresidential private school; and
354          (c) that offers:
355          (i) room and board; and
356          (ii) an academic education integrated with:
357          (A) specialized structure and supervision; or
358          (B) services or treatment related to a disability, an emotional development, a
359     behavioral development, a familial development, or a social development.
360          [(55)] (56) "Transferable development right" means a right to develop and use land that
361     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
362     land use rights from a designated sending zone to a designated receiving zone.
363          [(56)] (57) "Unincorporated" means the area outside of the incorporated area of a city
364     or town.
365          [(57)] (58) "Water interest" means any right to the beneficial use of water, including:
366          (a) each of the rights listed in Section 73-1-11; and
367          (b) an ownership interest in the right to the beneficial use of water represented by:
368          (i) a contract; or
369          (ii) a share in a water company, as defined in Section 73-3-3.5.
370          [(58)] (59) "Zoning map" means a map, adopted as part of a land use ordinance, that
371     depicts land use zones, overlays, or districts.
372          Section 2. Section 10-9a-505 is amended to read:
373          10-9a-505. Zoning districts.
374          (1) (a) The legislative body may divide the territory over which it has jurisdiction into
375     zoning districts of a number, shape, and area that it considers appropriate to carry out the
376     purposes of this chapter.
377          (b) Within those zoning districts, the legislative body may regulate and restrict the
378     erection, construction, reconstruction, alteration, repair, or use of buildings and structures, and
379     the use of land.
380          (c) A municipality may enact an ordinance regulating land use and development in a
381     flood plain or potential geologic hazard area to:
382          (i) protect life; and
383          (ii) prevent:
384          (A) the substantial loss of real property; or
385          (B) substantial damage to real property.
386          (2) The legislative body shall ensure that the regulations are uniform for each class or
387     kind of buildings throughout each zoning district, but the regulations in one zone may differ
388     from those in other zones.
389          (3) (a) There is no minimum area or diversity of ownership requirement for a zone
390     designation.
391          (b) Neither the size of a zoning district nor the number of landowners within the
392     district may be used as evidence of the illegality of a zoning district or of the invalidity of a
393     municipal decision.
394          (4) A municipality may by ordinance exempt from specific zoning district standards a
395     subdivision of land to accommodate the siting of a public utility infrastructure.
396          Section 3. Section 10-9a-603 is amended to read:
397          10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
398     acknowledgment, surveyor certification, and underground utility facility owner
399     verification of plat -- Recording plat.
400          (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
401     subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
402     the land shall provide an accurate plat that describes or specifies:
403          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
404     the county recorder's office;
405          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
406     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
407     intended to be used as a street or for any other public use, and whether any such area is
408     reserved or proposed for dedication for a public purpose;
409          (c) the lot or unit reference, block or building reference, street or site address, street
410     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
411     and width of the blocks and lots intended for sale; and
412          (d) every existing right-of-way and easement grant of record for an underground
413     [facilities] facility, as defined in Section 54-8a-2, and for any other utility [facilities] facility.
414          (2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the municipality's
415     ordinances and this part and has been approved by the culinary water authority [and], the
416     sanitary sewer authority, and the local health department, as defined in Section 26A-1-102, if
417     the local health department and the municipality consider the local health department's
418     approval necessary, the municipality shall approve the plat.
419          (b) Municipalities are encouraged to receive a recommendation from the fire authority
420     before approving a plat.
421          (c) A municipality may not require that a plat be approved or signed by a person or
422     entity who:
423          (i) is not an employee or agent of the municipality;
424          (ii) does not:
425          (A) have a legal or equitable interest in the property within the proposed subdivision;
426          (B) provide a utility or other service directly to a lot within the subdivision;
427          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
428     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
429     relation to the plat; or
430          (D) provide culinary public water service whose source protection zone designated as
431     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision;
432     or
433          (iii) is not entitled to notice of the subdivision pursuant to Subsection
434     10-9a-509(1)(b)(iv) for the purpose of determining the accuracy of the information depicted on
435     the plat.
436          (3) The municipality may withhold an otherwise valid plat approval until the owner of
437     the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
438     penalties owing on the land have been paid.
439          (4) (a) A plat may not be submitted to a county recorder for recording unless:
440          (i) prior to recordation, each owner of record of land described on the plat has signed
441     the owner's dedication as shown on the plat; and
442          (ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
443     provided by law.
444          (b) The surveyor making the plat shall certify that the surveyor:
445          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
446     Professional Land Surveyors Licensing Act;
447          (ii) has completed a survey of the property described on the plat in accordance with
448     Section 17-23-17 and has verified all measurements; and
449          (iii) has placed monuments as represented on the plat.
450          (c) (i) [As applicable] To the extent possible, the surveyor shall consult with the owner
451     or operator of [the] an existing or proposed underground [and] facility or utility [facilities shall
452     approve] facility within the proposed subdivision, or a representative designated by the owner
453     or operator, to verify the accuracy of the surveyor's depiction of the:
454          (A) boundary, course, dimensions, and intended use of the [right-of-way and] public
455     rights-of-way, a public or private easement, or grants of record;
456          (B) location of an existing underground facility and utility [facilities] facility; and
457          (C) [conditions or] physical restrictions governing the location of the [facilities within
458     the right-of-way, and easement grants of records,] underground facility and utility [facilities]
459     facility within the subdivision.
460          (ii) The [approval] cooperation of an owner or operator under Subsection (4)(c)(i):
461          (A) indicates only that the plat approximates the location of the existing underground
462     and utility facilities but does not warrant or verify their precise location; and
463          (B) does not affect a right that the owner or operator has under:
464          (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
465          (II) a recorded easement or right-of-way;
466          (III) the law applicable to prescriptive rights; or
467          (IV) any other provision of law.
468          (5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
469     land shall, within the time period designated by ordinance, record the plat in the county
470     recorder's office in the county in which the lands platted and laid out are situated.
471          (b) An owner's failure to record a plat within the time period designated by ordinance
472     renders the plat voidable.
473          Section 4. Section 10-9a-604.5 is amended to read:
474          10-9a-604.5. Subdivision plat recording or development activity before required
475     infrastructure is completed -- Infrastructure completion assurance -- Infrastructure
476     warranty.
477          (1) A land use authority shall establish objective inspection standards for acceptance of
478     a required landscaping or infrastructure improvement [required by the land use authority as a
479     condition of:].
480          [(a) subdivision; or]
481          [(b) development activity.]
482          (2) (a) A land use authority shall require an applicant to complete a required
483     landscaping or infrastructure improvement prior to any plat recordation or development
484     activity.
485          (b) Subsection (2)(a) does not apply if:
486          (i) upon the applicant's request, the land use authority has authorized the applicant to
487     post an improvement completion assurance in a manner that is consistent with local ordinance;
488     and
489          (ii) the land use authority has established a system for the partial release of the
490     improvement completion assurance as portions of required improvements are completed and
491     accepted.
492          (3) At any time up to the land use authority's acceptance of a landscaping or
493     infrastructure improvement, and for the duration of each improvement warranty period, the
494     land use authority may require the developer to:
495          (a) execute an improvement warranty for the improvement warranty period; and
496          (b) post a cash deposit, surety bond, letter of credit, or other similar security, as
497     required by the municipality, in the amount of up to 10% of the lesser of the:
498          (i) municipal engineer's original estimated cost of completion; or
499          (ii) applicant's reasonable proven cost of completion.
500          (4) The provisions of this section may not be interpreted to supersede the terms of a
501     valid development agreement, an adopted phasing plan, or the state construction code.
502          Section 5. Section 10-9a-606 is amended to read:
503          10-9a-606. Common or community area parcels on a plat -- No separate
504     ownership -- Ownership interest equally divided among other parcels on plat and
505     included in description of other parcels.
506          (1) (a) A parcel designated as a common or community area on a plat recorded in
507     compliance with this part may not be separately owned or conveyed independent of the other
508     lots, units, or parcels created by the plat unless:
509          (i) the parcel is being acquired by a municipality for a governmental purpose; and
510          (ii) the conveyance is approved by the owners of at least 75% of the lots, units, or
511     parcels on the plat, after the municipality gives its approval.
512          (b) A notice of the owner approval described in Subsection (1)(a)(ii) shall be:
513          (i) attached as an exhibit to the document of conveyance; or
514          (ii) recorded concurrently with the conveyance as a separate document.
515          (2) The ownership interest in a parcel described in Subsection (1) shall:
516          (a) for purposes of assessment, be divided equally among all parcels created by the
517     plat, unless a different division of interest for assessment purposes is indicated on the plat or an
518     accompanying recorded document; and
519          (b) be considered to be included in the description of each instrument describing a
520     parcel on the plat by its identifying plat number, even if the common or community area
521     interest is not explicitly stated in the instrument.
522          (3) A parcel designated as common or community area on a plat before, on, or after
523     May 12, 2015, may be modified in size and location if the modification:
524          (a) is approved as part of a subdivision plat amendment by the local government;
525          (b) is approved by at least 75% of the voting interests in a homeowners association
526     having an interest in the common or community area, if any;
527          (c) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
528     there is no homeowners association having an interest in the common or community area, if
529     any; and
530          (d) does not create a new buildable lot.
531          (4) A parcel designated as common or community area on a plat before, on, or after
532     May 12, 2015, may be modified in size without a subdivision plat amendment approval by the
533     local government, if the modification:
534          (a) is a lot line adjustment approved by at least 75% of the voting interests in a
535     homeowners association having an interest in the common or community area, if any;
536          (b) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
537     there is no homeowners association having an interest in the common or community area, if
538     any; and
539          (c) does not create a new buildable lot.
540          Section 6. Section 10-9a-802 is amended to read:
541          10-9a-802. Enforcement.
542          (1) (a) A municipality or any adversely affected owner of real estate within the
543     municipality in which violations of this chapter or ordinances enacted under the authority of
544     this chapter occur or are about to occur may, in addition to other remedies provided by law,
545     institute:
546          (i) injunctions, mandamus, abatement, or any other appropriate actions; or
547          (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
548          (b) A municipality need only establish the violation to obtain the injunction.
549          (2) (a) [The] A municipality may enforce the municipality's ordinance by withholding a
550     building [permits] permit.
551          (b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any
552     building or other structure within a municipality without approval of a building permit.
553          (c) [The] A municipality may not issue a building permit unless the plans of and for the
554     proposed erection, construction, reconstruction, alteration, or use fully conform to all
555     regulations then in effect.
556          (d) A municipality may not deny an applicant a building permit because the applicant
557     has not completed an infrastructure improvement:
558          (i) that is not essential to meet the requirements for the issuance of a building permit
559     under the building code and fire code; and
560          (ii) for which the municipality has accepted an infrastructure improvement assurance
561     for infrastructure improvements for the development.
562          Section 7. Section 17-27a-103 is amended to read:
563          17-27a-103. Definitions.
564          As used in this chapter:
565          (1) "Affected entity" means a county, municipality, local district, special service
566     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
567     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
568     property owner, property owners association, public utility, or the Utah Department of
569     Transportation, if:
570          (a) the entity's services or facilities are likely to require expansion or significant
571     modification because of an intended use of land;
572          (b) the entity has filed with the county a copy of the entity's general or long-range plan;
573     or
574          (c) the entity has filed with the county a request for notice during the same calendar
575     year and before the county provides notice to an affected entity in compliance with a
576     requirement imposed under this chapter.
577          (2) "Appeal authority" means the person, board, commission, agency, or other body
578     designated by ordinance to decide an appeal of a decision of a land use application or a
579     variance.
580          (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
581     residential property if the sign is designed or intended to direct attention to a business, product,
582     or service that is not sold, offered, or existing on the property where the sign is located.
583          (4) (a) "Charter school" means:
584          (i) an operating charter school;
585          (ii) a charter school applicant that has its application approved by a charter school
586     authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
587          (iii) an entity that is working on behalf of a charter school or approved charter
588     applicant to develop or construct a charter school building.
589          (b) "Charter school" does not include a therapeutic school.
590          (5) "Chief executive officer" means the person or body that exercises the executive
591     powers of the county.
592          (6) "Conditional use" means a land use that, because of its unique characteristics or
593     potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
594     compatible in some areas or may be compatible only if certain conditions are required that
595     mitigate or eliminate the detrimental impacts.
596          (7) "Constitutional taking" means a governmental action that results in a taking of
597     private property so that compensation to the owner of the property is required by the:
598          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
599          (b) Utah Constitution Article I, Section 22.
600          (8) "Culinary water authority" means the department, agency, or public entity with
601     responsibility to review and approve the feasibility of the culinary water system and sources for
602     the subject property.
603          (9) "Development activity" means:
604          (a) any construction or expansion of a building, structure, or use that creates additional
605     demand and need for public facilities;
606          (b) any change in use of a building or structure that creates additional demand and need
607     for public facilities; or
608          (c) any change in the use of land that creates additional demand and need for public
609     facilities.
610          (10) (a) "Disability" means a physical or mental impairment that substantially limits
611     one or more of a person's major life activities, including a person having a record of such an
612     impairment or being regarded as having such an impairment.
613          (b) "Disability" does not include current illegal use of, or addiction to, any federally
614     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
615     802.
616          (11) "Educational facility":
617          (a) means:
618          (i) a school district's building at which pupils assemble to receive instruction in a
619     program for any combination of grades from preschool through grade 12, including
620     kindergarten and a program for children with disabilities;
621          (ii) a structure or facility:
622          (A) located on the same property as a building described in Subsection (11)(a)(i); and
623          (B) used in support of the use of that building; and
624          (iii) a building to provide office and related space to a school district's administrative
625     personnel; and
626          (b) does not include:
627          (i) land or a structure, including land or a structure for inventory storage, equipment
628     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
629          (A) not located on the same property as a building described in Subsection (11)(a)(i);
630     and
631          (B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
632          (ii) a therapeutic school.
633          (12) "Fire authority" means the department, agency, or public entity with responsibility
634     to review and approve the feasibility of fire protection and suppression services for the subject
635     property.
636          (13) "Flood plain" means land that:
637          (a) is within the 100-year flood plain designated by the Federal Emergency
638     Management Agency; or
639          (b) has not been studied or designated by the Federal Emergency Management Agency
640     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
641     the land has characteristics that are similar to those of a 100-year flood plain designated by the
642     Federal Emergency Management Agency.
643          (14) "Gas corporation" has the same meaning as defined in Section 54-2-1.
644          (15) "General plan" means a document that a county adopts that sets forth general
645     guidelines for proposed future development of the unincorporated land within the county.
646          (16) "Geologic hazard" means:
647          (a) a surface fault rupture;
648          (b) shallow groundwater;
649          (c) liquefaction;
650          (d) a landslide;
651          (e) a debris flow;
652          (f) unstable soil;
653          (g) a rock fall; or
654          (h) any other geologic condition that presents a risk:
655          (i) to life;
656          (ii) of substantial loss of real property; or
657          (iii) of substantial damage to real property.
658          (17) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
659     meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
660     system.
661          (18) "Identical plans" means building plans submitted to a county that:
662          (a) are clearly marked as "identical plans";
663          (b) are substantially identical building plans that were previously submitted to and
664     reviewed and approved by the county; and
665          (c) describe a building that:
666          (i) is located on land zoned the same as the land on which the building described in the
667     previously approved plans is located;
668          (ii) is subject to the same geological and meteorological conditions and the same law
669     as the building described in the previously approved plans;
670          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
671     and approved by the county; and
672          (iv) does not require any additional engineering or analysis.
673          (19) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
674     Impact Fees Act.
675          (20) "Improvement completion assurance" means a surety bond, letter of credit,
676     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
677     by a county to guaranty the proper completion of landscaping or an infrastructure [that the land
678     use authority has] improvement required as a condition precedent to:
679          (a) recording a subdivision plat; or
680          (b) [beginning] development [activity] of a commercial, industrial, mixed use, or
681     multifamily project.
682          (21) "Improvement warranty" means an applicant's unconditional warranty that the
683     applicant's installed and accepted landscaping or infrastructure improvement:
684          (a) complies with the county's written standards for design, materials, and
685     workmanship; and
686          (b) will not fail in any material respect, as a result of poor workmanship or materials,
687     within the improvement warranty period.
688          (22) "Improvement warranty period" means a period:
689          (a) no later than one year after a county's acceptance of required landscaping; or
690          (b) no later than one year after a county's acceptance of required infrastructure, unless
691     the county:
692          (i) determines for good cause that a one-year period would be inadequate to protect the
693     public health, safety, and welfare; and
694          (ii) has substantial evidence, on record:
695          (A) of prior poor performance by the applicant; or
696          (B) that the area upon which the infrastructure will be constructed contains suspect soil
697     and the county has not otherwise required the applicant to mitigate the suspect soil.
698          (23) "Infrastructure improvement" means permanent infrastructure that an applicant
699     must install:
700          (a) pursuant to published installation and inspection specifications for public
701     improvements; and
702          (b) as a condition of:
703          (i) recording a subdivision plat; or
704          (ii) development of a commercial, industrial, mixed use, condominium, or multifamily
705     project.
706          [(23)] (24) "Internal lot restriction" means a platted note, platted demarcation, or
707     platted designation that:
708          (a) runs with the land; and
709          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
710     the plat; or
711          (ii) designates a development condition that is enclosed within the perimeter of a lot
712     described on the plat.
713          [(24)] (25) "Interstate pipeline company" means a person or entity engaged in natural
714     gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
715     under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
716          [(25)] (26) "Intrastate pipeline company" means a person or entity engaged in natural
717     gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
718     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
719          [(26)] (27) "Land use application" means an application required by a county's land use
720     ordinance.
721          [(27)] (28) "Land use authority" means:
722          (a) a person, board, commission, agency, or body, including the local legislative body,
723     designated by the local legislative body to act upon a land use application; or
724          (b) if the local legislative body has not designated a person, board, commission,
725     agency, or body, the local legislative body.
726          [(28)] (29) "Land use ordinance" means a planning, zoning, development, or
727     subdivision ordinance of the county, but does not include the general plan.
728          [(29)] (30) "Land use permit" means a permit issued by a land use authority.
729          [(30)] (31) "Legislative body" means the county legislative body, or for a county that
730     has adopted an alternative form of government, the body exercising legislative powers.
731          [(31)] (32) "Local district" means any entity under Title 17B, Limited Purpose Local
732     Government Entities - Local Districts, and any other governmental or quasi-governmental
733     entity that is not a county, municipality, school district, or the state.
734          [(32)] (33) "Lot line adjustment" means the relocation of the property boundary line in
735     a subdivision between two adjoining lots with the consent of the owners of record.
736          [(33)] (34) "Moderate income housing" means housing occupied or reserved for
737     occupancy by households with a gross household income equal to or less than 80% of the
738     median gross income for households of the same size in the county in which the housing is
739     located.
740          [(34)] (35) "Nominal fee" means a fee that reasonably reimburses a county only for
741     time spent and expenses incurred in:
742          (a) verifying that building plans are identical plans; and
743          (b) reviewing and approving those minor aspects of identical plans that differ from the
744     previously reviewed and approved building plans.
745          [(35)] (36) "Noncomplying structure" means a structure that:
746          (a) legally existed before its current land use designation; and
747          (b) because of one or more subsequent land use ordinance changes, does not conform
748     to the setback, height restrictions, or other regulations, excluding those regulations that govern
749     the use of land.
750          [(36)] (37) "Nonconforming use" means a use of land that:
751          (a) legally existed before its current land use designation;
752          (b) has been maintained continuously since the time the land use ordinance regulation
753     governing the land changed; and
754          (c) because of one or more subsequent land use ordinance changes, does not conform
755     to the regulations that now govern the use of the land.
756          [(37)] (38) "Official map" means a map drawn by county authorities and recorded in
757     the county recorder's office that:
758          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
759     highways and other transportation facilities;
760          (b) provides a basis for restricting development in designated rights-of-way or between
761     designated setbacks to allow the government authorities time to purchase or otherwise reserve
762     the land; and
763          (c) has been adopted as an element of the county's general plan.
764          [(38)] (39) "Parcel boundary adjustment" means a recorded agreement between owners
765     of adjoining properties adjusting their mutual boundary if:
766          (a) no additional parcel is created; and
767          (b) each property identified in the agreement is unsubdivided land, including a
768     remainder of subdivided land.
769          [(39)] (40) "Person" means an individual, corporation, partnership, organization,
770     association, trust, governmental agency, or any other legal entity.
771          [(40)] (41) "Plan for moderate income housing" means a written document adopted by
772     a county legislative body that includes:
773          (a) an estimate of the existing supply of moderate income housing located within the
774     county;
775          (b) an estimate of the need for moderate income housing in the county for the next five
776     years as revised biennially;
777          (c) a survey of total residential land use;
778          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
779     income housing; and
780          (e) a description of the county's program to encourage an adequate supply of moderate
781     income housing.
782          [(41)] (42) "Plat" means a map or other graphical representation of lands being laid out
783     and prepared in accordance with Section 17-27a-603, 17-23-17, or 57-8-13.
784          [(42)] (43) "Potential geologic hazard area" means an area that:
785          (a) is designated by a Utah Geological Survey map, county geologist map, or other
786     relevant map or report as needing further study to determine the area's potential for geologic
787     hazard; or
788          (b) has not been studied by the Utah Geological Survey or a county geologist but
789     presents the potential of geologic hazard because the area has characteristics similar to those of
790     a designated geologic hazard area.
791          [(43)] (44) "Public agency" means:
792          (a) the federal government;
793          (b) the state;
794          (c) a county, municipality, school district, local district, special service district, or other
795     political subdivision of the state; or
796          (d) a charter school.
797          [(44)] (45) "Public hearing" means a hearing at which members of the public are
798     provided a reasonable opportunity to comment on the subject of the hearing.
799          [(45)] (46) "Public meeting" means a meeting that is required to be open to the public
800     under Title 52, Chapter 4, Open and Public Meetings Act.
801          [(46)] (47) "Receiving zone" means an unincorporated area of a county that the county
802     designates, by ordinance, as an area in which an owner of land may receive a transferable
803     development right.
804          [(47)] (48) "Record of survey map" means a map of a survey of land prepared in
805     accordance with Section 17-23-17.
806          [(48)] (49) "Residential facility for persons with a disability" means a residence:
807          (a) in which more than one person with a disability resides; and
808          (b) (i) which is licensed or certified by the Department of Human Services under Title
809     62A, Chapter 2, Licensure of Programs and Facilities; or
810          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
811     21, Health Care Facility Licensing and Inspection Act.
812          [(49)] (50) "Rules of order and procedure" means a set of rules that govern and
813     prescribe in a public meeting:
814          (a) parliamentary order and procedure;
815          (b) ethical behavior; and
816          (c) civil discourse.
817          [(50)] (51) "Sanitary sewer authority" means the department, agency, or public entity
818     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
819     wastewater systems.
820          [(51)] (52) "Sending zone" means an unincorporated area of a county that the county
821     designates, by ordinance, as an area from which an owner of land may transfer a transferable
822     development right.
823          [(52)] (53) "Site plan" means a document or map that may be required by a county
824     during a preliminary review preceding the issuance of a building permit to demonstrate that an
825     owner's or developer's proposed development activity meets a land use requirement.
826          [(53)] (54) "Specified public agency" means:
827          (a) the state;
828          (b) a school district; or
829          (c) a charter school.
830          [(54)] (55) "Specified public utility" means an electrical corporation, gas corporation,
831     or telephone corporation, as those terms are defined in Section 54-2-1.
832          [(55)] (56) "State" includes any department, division, or agency of the state.
833          [(56)] (57) "Street" means a public right-of-way, including a highway, avenue,
834     boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
835     or other way.
836          [(57)] (58) (a) "Subdivision" means any land that is divided, resubdivided or proposed
837     to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
838     purpose, whether immediate or future, for offer, sale, lease, or development either on the
839     installment plan or upon any and all other plans, terms, and conditions.
840          (b) "Subdivision" includes:
841          (i) the division or development of land whether by deed, metes and bounds description,
842     devise and testacy, map, plat, or other recorded instrument; and
843          (ii) except as provided in Subsection [(57)] (58)(c), divisions of land for residential and
844     nonresidential uses, including land used or to be used for commercial, agricultural, and
845     industrial purposes.
846          (c) "Subdivision" does not include:
847          (i) a bona fide division or partition of agricultural land for agricultural purposes;
848          (ii) a recorded agreement between owners of adjoining properties adjusting their
849     mutual boundary if:
850          (A) no new lot is created; and
851          (B) the adjustment does not violate applicable land use ordinances;
852          (iii) a recorded document, executed by the owner of record:
853          (A) revising the legal description of more than one contiguous unsubdivided parcel of
854     property into one legal description encompassing all such parcels of property; or
855          (B) joining a subdivided parcel of property to another parcel of property that has not
856     been subdivided, if the joinder does not violate applicable land use ordinances;
857          (iv) a bona fide division or partition of land in a county other than a first class county
858     for the purpose of siting, on one or more of the resulting separate parcels:
859          (A) an electrical transmission line or a substation;
860          (B) a natural gas pipeline or a regulation station; or
861          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
862     utility service regeneration, transformation, retransmission, or amplification facility;
863          (v) a recorded agreement between owners of adjoining subdivided properties adjusting
864     their mutual boundary if:
865          (A) no new dwelling lot or housing unit will result from the adjustment; and
866          (B) the adjustment will not violate any applicable land use ordinance;
867          (vi) a bona fide division or partition of land by deed or other instrument where the land
868     use authority expressly approves in writing the division in anticipation of further land use
869     approvals on the parcel or parcels; or
870          (vii) a parcel boundary adjustment.
871          (d) The joining of a subdivided parcel of property to another parcel of property that has
872     not been subdivided does not constitute a subdivision under this Subsection [(57)] (58) as to
873     the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
874     subdivision ordinance.
875          [(58)] (59) "Suspect soil" means soil that has:
876          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
877     3% swell potential;
878          (b) bedrock units with high shrink or swell susceptibility; or
879          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
880     commonly associated with dissolution and collapse features.
881          [(59)] (60) "Therapeutic school" means a residential group living facility:
882          (a) for four or more individuals who are not related to:
883          (i) the owner of the facility; or
884          (ii) the primary service provider of the facility;
885          (b) that serves students who have a history of failing to function:
886          (i) at home;
887          (ii) in a public school; or
888          (iii) in a nonresidential private school; and
889          (c) that offers:
890          (i) room and board; and
891          (ii) an academic education integrated with:
892          (A) specialized structure and supervision; or
893          (B) services or treatment related to a disability, an emotional development, a
894     behavioral development, a familial development, or a social development.
895          [(60)] (61) "Township" means a contiguous, geographically defined portion of the
896     unincorporated area of a county, established under this part or reconstituted or reinstated under
897     Section 17-27a-306, with planning and zoning functions as exercised through the township
898     planning commission, as provided in this chapter, but with no legal or political identity
899     separate from the county and no taxing authority, except that "township" means a former
900     township under Laws of Utah 1996, Chapter 308, where the context so indicates.
901          [(61)] (62) "Transferable development right" means a right to develop and use land that
902     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
903     land use rights from a designated sending zone to a designated receiving zone.
904          [(62)] (63) "Unincorporated" means the area outside of the incorporated area of a
905     municipality.
906          [(63)] (64) "Water interest" means any right to the beneficial use of water, including:
907          (a) each of the rights listed in Section 73-1-11; and
908          (b) an ownership interest in the right to the beneficial use of water represented by:
909          (i) a contract; or
910          (ii) a share in a water company, as defined in Section 73-3-3.5.
911          [(64)] (65) "Zoning map" means a map, adopted as part of a land use ordinance, that
912     depicts land use zones, overlays, or districts.
913          Section 8. Section 17-27a-505 is amended to read:
914          17-27a-505. Zoning districts.
915          (1) (a) The legislative body may divide the territory over which it has jurisdiction into
916     zoning districts of a number, shape, and area that it considers appropriate to carry out the
917     purposes of this chapter.
918          (b) Within those zoning districts, the legislative body may regulate and restrict the
919     erection, construction, reconstruction, alteration, repair, or use of buildings and structures, and
920     the use of land.
921          (c) A county may enact an ordinance regulating land use and development in a flood
922     plain or potential geologic hazard area to:
923          (i) protect life; and
924          (ii) prevent:
925          (A) the substantial loss of real property; or
926          (B) substantial damage to real property.
927          (d) A county of the second, third, fourth, fifth, or sixth class may not adopt a land use
928     ordinance requiring a property owner to revegetate or landscape a single family dwelling
929     disturbance area unless the property is located in a flood zone or geologic hazard except as
930     required in Title 19, Chapter 5, Water Quality Act, to comply with federal law related to water
931     pollution.
932          (2) The legislative body shall ensure that the regulations are uniform for each class or
933     kind of buildings throughout each zone, but the regulations in one zone may differ from those
934     in other zones.
935          (3) (a) There is no minimum area or diversity of ownership requirement for a zone
936     designation.
937          (b) Neither the size of a zoning district nor the number of landowners within the
938     district may be used as evidence of the illegality of a zoning district or of the invalidity of a
939     county decision.
940          (4) A county may by ordinance exempt from specific zoning district standards a
941     subdivision of land to accommodate the siting of a public utility infrastructure.
942          Section 9. Section 17-27a-603 is amended to read:
943          17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
944     acknowledgment, surveyor certification, and underground utility facility owner
945     verification of plat -- Recording plat.
946          (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
947     subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
948     the land shall provide an accurate plat that describes or specifies:
949          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
950     the county recorder's office;
951          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
952     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
953     intended to be used as a street or for any other public use, and whether any such area is
954     reserved or proposed for dedication for a public purpose;
955          (c) the lot or unit reference, block or building reference, street or site address, street
956     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
957     and width of the blocks and lots intended for sale; and
958          (d) every existing right-of-way and easement grant of record for an underground
959     [facilities] facility, as defined in Section 54-8a-2, and for any other utility [facilities] facility.
960          (2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the county's
961     ordinances and this part and has been approved by the culinary water authority [and], the
962     sanitary sewer authority, and the local health department, as defined in Section 26A-1-102, if
963     the local health department and the county consider the local health department's approval
964     necessary, the county shall approve the plat.
965          (b) Counties are encouraged to receive a recommendation from the fire authority before
966     approving a plat.
967          (c) A county may not require that a plat be approved or signed by a person or entity
968     who:
969          (i) is not an employee or agent of the county;
970          (ii) does not:
971          (A) have a legal or equitable interest in the property within the proposed subdivision;
972          (B) provide a utility or other service directly to a lot within the subdivision;
973          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
974     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
975     relation to the plat; or
976          (D) provide culinary public water service whose source protection zone designated as
977     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision;
978     or
979          (iii) is not entitled to notice of the subdivision pursuant to Subsection
980     17-27a-508(1)(b)(iv) for the purpose of determining the accuracy of the information depicted
981     on the plat.
982          (3) The county may withhold an otherwise valid plat approval until the owner of the
983     land provides the legislative body with a tax clearance indicating that all taxes, interest, and
984     penalties owing on the land have been paid.
985          (4) (a) A plat may not be submitted to a county recorder for recording unless, subject to
986     Subsection 17-27a-604(2):
987          (i) prior to recordation, each owner of record of land described on the plat has signed
988     the owner's dedication as shown on the plat; and
989          (ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
990     provided by law.
991          (b) The surveyor making the plat shall certify that the surveyor:
992          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
993     Professional Land Surveyors Licensing Act;
994          (ii) has completed a survey of the property described on the plat in accordance with
995     Section 17-23-17 and has verified all measurements; and
996          (iii) has placed monuments as represented on the plat.
997          (c) (i) [As applicable] To the extent possible, the surveyor shall consult with the owner
998     or operator of [the] an existing or proposed underground [and] facility or utility [facilities shall
999     approve] facility within the proposed subdivision, or a representative designated by the owner
1000     or operator, to verify the accuracy of the surveyor's depiction of the:
1001          (A) boundary, course, dimensions, and intended use of the [right-of-way and] public
1002     rights-of-way, a public or private easement, or grants of record;
1003          (B) location of an existing underground facility and utility [facilities] facility; and
1004          (C) [conditions or] physical restrictions governing the location of the [facilities within
1005     the right-of-way, and easement grants of records,] underground facility and utility [facilities]
1006     facility within the subdivision.
1007          (ii) The [approval] cooperation of an owner or operator under Subsection (4)(c)(i):
1008          (A) indicates only that the plat approximates the location of the existing underground
1009     and utility facilities but does not warrant or verify their precise location; and
1010          (B) does not affect a right that the owner or operator has under:
1011          (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
1012          (II) a recorded easement or right-of-way;
1013          (III) the law applicable to prescriptive rights; or
1014          (IV) any other provision of law.
1015          (5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
1016     land shall, within the time period designated by ordinance, record the plat in the county
1017     recorder's office in the county in which the lands platted and laid out are situated.
1018          (b) An owner's failure to record a plat within the time period designated by ordinance
1019     renders the plat voidable.
1020          Section 10. Section 17-27a-604.5 is amended to read:
1021          17-27a-604.5. Subdivision plat recording or development activity before required
1022     infrastructure is completed -- Infrastructure completion assurance -- Infrastructure
1023     warranty.
1024          (1) A land use authority shall establish objective inspection standards for acceptance of
1025     a required landscaping or infrastructure improvement [required by the land use authority as a
1026     condition of:].
1027          [(a) subdivision; or]
1028          [(b) development activity.]
1029          (2) (a) A land use authority shall require an applicant to complete a required
1030     landscaping or infrastructure improvement prior to any plat recordation or development
1031     activity.
1032          (b) Subsection (2)(a) does not apply if:
1033          (i) upon the applicant's request, the land use authority has authorized the applicant to
1034     post an improvement completion assurance in a manner that is consistent with local ordinance;
1035     and
1036          (ii) the land use authority has established a system for the partial release of the
1037     improvement completion assurance as portions of required improvements are completed and
1038     accepted.
1039          (3) At any time up to the land use authority's acceptance of a landscaping or
1040     infrastructure improvement, and for the duration of each improvement warranty period, the
1041     land use authority may require the developer to:
1042          (a) execute an improvement warranty for the improvement warranty period; and
1043          (b) post a cash deposit, surety bond, letter of credit, or other similar security, as
1044     required by the county, in the amount of up to 10% of the lesser of the:
1045          (i) county engineer's original estimated cost of completion; or
1046          (ii) applicant's reasonable proven cost of completion.
1047          (4) The provisions of this section may not be interpreted to supersede the terms of a
1048     valid development agreement, an adopted phasing plan, or the state construction code.
1049          Section 11. Section 17-27a-606 is amended to read:
1050          17-27a-606. Common or community area parcels on a plat -- No separate
1051     ownership -- Ownership interest equally divided among other parcels on plat and
1052     included in description of other parcels.
1053          (1) (a) A parcel designated as a common or community area on a plat recorded in
1054     compliance with this part may not be separately owned or conveyed independent of the other
1055     lots, units, or parcels created by the plat unless:
1056          (i) the parcel is being acquired by a county for a governmental purpose; and
1057          (ii) the conveyance is approved by the owners of at least 75% of the lots, units, or
1058     parcels on the plat, after the county gives its approval.
1059          (b) A notice of the approval required in Subsection (1)(a)(ii) shall be:
1060          (i) attached as an exhibit to the document of conveyance; or
1061          (ii) recorded concurrently with the conveyance as a separate document.
1062          (2) The ownership interest in a parcel described in Subsection (1) shall:
1063          (a) for purposes of assessment, be divided equally among all parcels created by the
1064     plat, unless a different division of interest for assessment purposes is indicated on the plat or an
1065     accompanying recorded document; and
1066          (b) be considered to be included in the description of each instrument describing a
1067     parcel on the plat by its identifying plat number, even if the common or community area
1068     interest is not explicitly stated in the instrument.
1069          (3) A parcel designated as common or community area on a plat before, on, or after
1070     May 12, 2015, may be modified in size and location if the modification:
1071          (a) is approved as part of a subdivision plat amendment by the local government;
1072          (b) is approved by at least 75% of the voting interests in a homeowners association
1073     having an interest in the common or community area, if any;
1074          (c) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
1075     there is no homeowners association having an interest in the common or community area, if
1076     any; and
1077          (d) does not create a new buildable lot.
1078          (4) A parcel designated as common or community area on a plat before, on, or after
1079     May 12, 2015, may be modified in size without a subdivision plat amendment approval by the
1080     local government, if the modification:
1081          (a) is a lot line adjustment approved by at least 75% of the voting interests in a
1082     homeowners association having an interest in the common or community area, if any;
1083          (b) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
1084     there is no homeowners association having an interest in the common or community area, if
1085     any; and
1086          (c) does not create a new buildable lot.
1087          Section 12. Section 17-27a-802 is amended to read:
1088          17-27a-802. Enforcement.
1089          (1) (a) A county or any adversely affected owner of real estate within the county in
1090     which violations of this chapter or ordinances enacted under the authority of this chapter occur
1091     or are about to occur may, in addition to other remedies provided by law, institute:
1092          (i) injunctions, mandamus, abatement, or any other appropriate actions; or
1093          (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
1094          (b) A county need only establish the violation to obtain the injunction.
1095          (2) (a) [The] A county may enforce the county's ordinance by withholding a building
1096     [permits] permit.
1097          (b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any
1098     building or other structure within a county without approval of a building permit.
1099          (c) The county may not issue a building permit unless the plans of and for the proposed
1100     erection, construction, reconstruction, alteration, or use fully conform to all regulations then in
1101     effect.
1102          (d) A county may not deny an applicant a building permit because the applicant has not
1103     completed an infrastructure improvement:
1104          (i) that is not essential to meet the requirements for the issuance of a building permit
1105     under the building code and fire code; and
1106          (ii) for which the county has accepted an infrastructure improvement assurance for
1107     infrastructure improvements for the development.