1
2
3
4
5
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33 10-9a-604.5, as repealed and reenacted by Laws of Utah 2013, Chapter 309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39 17-27a-604.5, as repealed and reenacted by Laws of Utah 2013, Chapter 309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 [
157
158 (a) recording a subdivision plat; or
159 (b) [
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 [
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 [
193 land use ordinance.
194 [
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 [
200 subdivision ordinance of the municipality, but does not include the general plan.
201 [
202 [
203 [
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 [
207 a subdivision between two adjoining lots with the consent of the owners of record.
208 [
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 [
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 [
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 [
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 [
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 [
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 [
241 association, trust, governmental agency, or any other legal entity.
242 [
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 [
254 and prepared in accordance with Section 10-9a-603, 17-23-17, or 57-8-13.
255 [
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 [
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 [
269 provided a reasonable opportunity to comment on the subject of the hearing.
270 [
271 under Title 52, Chapter 4, Open and Public Meetings Act.
272 [
273 designates, by ordinance, as an area in which an owner of land may receive a transferable
274 development right.
275 [
276 accordance with Section 17-23-17.
277 [
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 [
284 prescribe in a public meeting:
285 (a) parliamentary order and procedure;
286 (b) ethical behavior; and
287 (c) civil discourse.
288 [
289 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
290 wastewater systems.
291 [
292 designates, by ordinance, as an area from which an owner of land may transfer a transferable
293 development right.
294 [
295 (a) the state;
296 (b) a school district; or
297 (c) a charter school.
298 [
299 or telephone corporation, as those terms are defined in Section 54-2-1.
300 [
301 [
302 boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
303 or other way.
304 [
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 [
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 [
338 the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
339 subdivision ordinance.
340 [
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 [
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 [
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 [
364 or town.
365 [
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 [
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 [
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 [
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) [
451 or operator of [
452
453 or operator, to verify the accuracy of the surveyor's depiction of the:
454 (A) boundary, course, dimensions, and intended use of the [
455 rights-of-way, a public or private easement, or grants of record;
456 (B) location of an existing underground facility and utility [
457 (C) [
458
459 facility within the subdivision.
460 (ii) The [
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 [
479
480 [
481 [
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) [
550 building [
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) [
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 [
678
679 (a) recording a subdivision plat; or
680 (b) [
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 [
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 [
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 [
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 [
720 ordinance.
721 [
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 [
727 subdivision ordinance of the county, but does not include the general plan.
728 [
729 [
730 has adopted an alternative form of government, the body exercising legislative powers.
731 [
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 [
735 a subdivision between two adjoining lots with the consent of the owners of record.
736 [
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 [
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 [
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 [
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 [
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 [
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 [
770 association, trust, governmental agency, or any other legal entity.
771 [
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 [
783 and prepared in accordance with Section 17-27a-603, 17-23-17, or 57-8-13.
784 [
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 [
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 [
798 provided a reasonable opportunity to comment on the subject of the hearing.
799 [
800 under Title 52, Chapter 4, Open and Public Meetings Act.
801 [
802 designates, by ordinance, as an area in which an owner of land may receive a transferable
803 development right.
804 [
805 accordance with Section 17-23-17.
806 [
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 [
813 prescribe in a public meeting:
814 (a) parliamentary order and procedure;
815 (b) ethical behavior; and
816 (c) civil discourse.
817 [
818 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
819 wastewater systems.
820 [
821 designates, by ordinance, as an area from which an owner of land may transfer a transferable
822 development right.
823 [
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 [
827 (a) the state;
828 (b) a school district; or
829 (c) a charter school.
830 [
831 or telephone corporation, as those terms are defined in Section 54-2-1.
832 [
833 [
834 boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
835 or other way.
836 [
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 [
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 [
873 the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
874 subdivision ordinance.
875 [
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 [
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 [
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 [
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 [
905 municipality.
906 [
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 [
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 [
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 [
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) [
998 or operator of [
999
1000 or operator, to verify the accuracy of the surveyor's depiction of the:
1001 (A) boundary, course, dimensions, and intended use of the [
1002 rights-of-way, a public or private easement, or grants of record;
1003 (B) location of an existing facility underground and utility [
1004 (C) [
1005
1006 facility within the subdivision.
1007 (ii) The [
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 [
1026
1027 [
1028 [
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) [
1096 [
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.