Representative Scott D. Sandall proposes the following substitute bill:


1     
HIGH PRIORITY TRANSPORTATION CORRIDORS

2     
AMENDMENTS

3     
2017 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Wayne A. Harper

6     
House Sponsor: R. Curt Webb

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to certain required notices regarding land use
11     applications affecting high priority transportation corridors and canals.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies the circumstances under which a municipality or county is required to
15     notify the Department of Transportation or a canal owner or operator when the
16     municipality or county receives a land use application that relates to land located
17     within the boundaries of a high priority transportation corridor or canal,
18     respectively;
19          ▸     removes notice to the department or a canal owner or operator as a condition to
20     rights vesting in a land use application; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          10-9a-206, as enacted by Laws of Utah 2005, Chapter 254
29          10-9a-211, as enacted by Laws of Utah 2010, Chapter 332
30          10-9a-509, as last amended by Laws of Utah 2014, Chapter 136
31          10-9a-603, as last amended by Laws of Utah 2015, Chapter 327
32          17-27a-206, as enacted by Laws of Utah 2005, Chapter 254
33          17-27a-211, as enacted by Laws of Utah 2010, Chapter 332
34          17-27a-508, as last amended by Laws of Utah 2014, Chapter 136
35          17-27a-603, as last amended by Laws of Utah 2015, Chapter 327
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 10-9a-206 is amended to read:
39          10-9a-206. Third party notice -- High priority transportation corridor notice.
40          (1) (a) If a municipality requires notice to adjacent property owners, the municipality
41     shall:
42          [(a)] (i) mail notice to the record owner of each parcel within parameters specified by
43     municipal ordinance; or
44          [(b)] (ii) post notice on the property with a sign of sufficient size, durability, print
45     quality, and location that is reasonably calculated to give notice to passers-by.
46          [(2)] (b) If a municipality mails notice to third party property owners under Subsection
47     (1)(a), it shall mail equivalent notice to property owners within an adjacent jurisdiction.
48          (2) (a) As used in this Subsection (2), "high priority transportation corridor" means a
49     transportation corridor identified as a high priority transportation corridor under Section
50     72-5-403.
51          (b) The Department of Transportation may request, in writing, that a municipality
52     provide the department with electronic notice of each land use application received by the
53     municipality that may adversely impact the development of a high priority transportation
54     corridor.
55          (c) If the municipality receives a written request as provided in Subsection (2)(b), the
56     municipality shall provide the Department of Transportation with timely electronic notice of
57     each land use application that the request specifies.
58          Section 2. Section 10-9a-211 is amended to read:
59          10-9a-211. Canal owner or operator -- Notice to municipality.
60          (1) [For purposes of Subsection 10-9a-509(1)(b)(iv), a] A canal company or a canal
61     operator shall provide on or before July 1, 2010, any municipality in which the canal company
62     or canal operator owns or operates a canal:
63          (a) a current mailing address and phone number;
64          (b) a contact name; and
65          (c) a general description of the location of each canal owned or operated by the canal
66     owner or canal operator.
67          (2) If the information described in Subsection (1) changes after a canal company or a
68     canal operator has provided the information to the municipality, the canal company or canal
69     operator shall provide the correct information within 30 days of the day on which the
70     information was changed.
71          Section 3. Section 10-9a-509 is amended to read:
72          10-9a-509. Applicant's entitlement to land use application approval --
73     Municipality's requirements and limitations -- Vesting upon submission of development
74     plan and schedule.
75          (1) (a) (i) An applicant who has filed a complete land use application, including the
76     payment of all application fees, is entitled to substantive land use review of the land use
77     application under the land use laws in effect on the date that the application is complete and as
78     further provided in this section.
79          (ii) [Except as provided in Subsection (1)(b), an] An applicant is entitled to approval of
80     a land use application if the application conforms to the requirements of the municipality's land
81     use maps, zoning map, a municipal specification for public improvements applicable to a
82     subdivision or development, and an applicable land use ordinance in effect when a complete
83     application is submitted and all application fees have been paid, unless:
84          (A) the land use authority, on the record, finds that a compelling, countervailing public
85     interest would be jeopardized by approving the application; or
86          (B) in the manner provided by local ordinance and before the application is submitted,
87     the municipality has formally initiated proceedings to amend its ordinances in a manner that
88     would prohibit approval of the application as submitted.
89          [(b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
90     of a land use application until the requirements of this Subsection (1)(b) have been met if the
91     land use application relates to land located within the boundaries of a high priority
92     transportation corridor designated in accordance with Section 72-5-403.]
93          [(ii) (A) A municipality shall notify the executive director of the Department of
94     Transportation of any land use applications that relate to land located within the boundaries of
95     a high priority transportation corridor.]
96          [(B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
97     certified or registered mail to the executive director of the Department of Transportation.]
98          [(iii) Except as provided in Subsection (1)(c), a municipality may not approve a land
99     use application that relates to land located within the boundaries of a high priority
100     transportation corridor until:]
101          [(A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
102     Department of Transportation if the land use application is for a building permit; or]
103          [(B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
104     Department of Transportation if the land use application is for any land use other than a
105     building permit.]
106          [(iv) (A) If an application is an application for a subdivision approval, including any
107     land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
108     the land use authority shall:]
109          [(I) within 30 days after the day on which the application is filed, notify the canal
110     company or canal operator responsible for the canal, if the canal company or canal operator has
111     provided information under Section 10-9a-211; and]
112          [(II) wait at least 10 days after the day on which the land use authority notifies a canal
113     company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
114     subdivision application described in Subsection (1)(b)(iv)(A).]
115          [(B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
116     certified or registered mail to the canal company or canal operator contact described in Section
117     10-9a-211.]
118          [(C) The location of land described in Subsection (1)(b)(iv)(A) shall be:]
119          [(I) provided by a canal company or canal operator to the land use authority; and]
120          [(II) (Aa) determined by use of mapping-grade global positioning satellite units; or]
121          [(Bb) digitized from the most recent aerial photo available to the canal company or
122     canal operator.]
123          [(c) (i) A land use application is exempt from the requirements of Subsections (1)(b)(i)
124     and (ii) if:]
125          [(A) the land use application relates to land that was the subject of a previous land use
126     application; and]
127          [(B) the previous land use application described under Subsection (1)(c)(i)(A)
128     complied with the requirements of Subsections (1)(b)(i) and (ii).]
129          [(ii) A municipality may approve a land use application without making the required
130     notifications under Subsection (1)(b)(ii)(A) if:]
131          [(A) the land use application relates to land that was the subject of a previous land use
132     application; and]
133          [(B) the previous land use application described under Subsection (1)(c)(ii)(A)
134     complied with the requirements of Subsections (1)(b)(i) and (ii).]
135          [(d) After a municipality has complied with the requirements of Subsection (1) (b) for a
136     land use application, the municipality may not withhold approval of the land use application for
137     which the applicant is otherwise entitled under Subsection (1)(a).]
138          [(e)] (b) The municipality shall process an application without regard to proceedings
139     initiated to amend the municipality's ordinances as provided in Subsection (1)(a)(ii)(B) if:
140          (i) 180 days have passed since the proceedings were initiated; and
141          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
142     application as submitted.
143          [(f)] (c) An application for a land use approval is considered submitted and complete
144     when the application is provided in a form that complies with the requirements of applicable
145     ordinances and all applicable fees have been paid.
146          [(g)] (d) The continuing validity of an approval of a land use application is conditioned
147     upon the applicant proceeding after approval to implement the approval with reasonable
148     diligence.
149          [(h)] (e) A municipality may not impose on an applicant who has submitted a complete
150     application for preliminary subdivision approval a requirement that is not expressed in:
151          (i) this chapter;
152          (ii) a municipal ordinance; or
153          (iii) a municipal specification for public improvements applicable to a subdivision or
154     development that is in effect on the date that the applicant submits an application.
155          [(i)] (f) A municipality may not impose on a holder of an issued land use permit or a
156     final, unexpired subdivision plat a requirement that is not expressed:
157          (i) in a land use permit;
158          (ii) on the subdivision plat;
159          (iii) in a document on which the land use permit or subdivision plat is based;
160          (iv) in the written record evidencing approval of the land use permit or subdivision
161     plat;
162          (v) in this chapter; or
163          (vi) in a municipal ordinance.
164          [(j)] (g) A municipality may not withhold issuance of a certificate of occupancy or
165     acceptance of subdivision improvements because of an applicant's failure to comply with a
166     requirement that is not expressed:
167          (i) in the building permit or subdivision plat, documents on which the building permit
168     or subdivision plat is based, or the written record evidencing approval of the land use permit or
169     subdivision plat; or
170          (ii) in this chapter or the municipality's ordinances.
171          (2) A municipality is bound by the terms and standards of applicable land use
172     ordinances and shall comply with mandatory provisions of those ordinances.
173          (3) A municipality may not, as a condition of land use application approval, require a
174     person filing a land use application to obtain documentation regarding a school district's
175     willingness, capacity, or ability to serve the development proposed in the land use application.
176          (4) Upon a specified public agency's submission of a development plan and schedule as
177     required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
178     specified public agency vests in the municipality's applicable land use maps, zoning map,
179     hookup fees, impact fees, other applicable development fees, and land use ordinances in effect
180     on the date of submission.
181          Section 4. Section 10-9a-603 is amended to read:
182          10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
183     acknowledgment, surveyor certification, and underground utility facility owner
184     verification of plat -- Recording plat.
185          (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
186     subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
187     the land shall provide an accurate plat that describes or specifies:
188          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
189     the county recorder's office;
190          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
191     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
192     intended to be used as a street or for any other public use, and whether any such area is
193     reserved or proposed for dedication for a public purpose;
194          (c) the lot or unit reference, block or building reference, street or site address, street
195     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
196     and width of the blocks and lots intended for sale; and
197          (d) every existing right-of-way and easement grant of record for an underground
198     facility, as defined in Section 54-8a-2, and for any other utility facility.
199          (2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the municipality's
200     ordinances and this part and has been approved by the culinary water authority, the sanitary
201     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
202     health department and the municipality consider the local health department's approval
203     necessary, the municipality shall approve the plat.
204          (b) Municipalities are encouraged to receive a recommendation from the fire authority
205     before approving a plat.
206          (c) A municipality may not require that a plat be approved or signed by a person or
207     entity who:
208          (i) is not an employee or agent of the municipality; and
209          (ii) does not:
210          (A) have a legal or equitable interest in the property within the proposed subdivision;
211          (B) provide a utility or other service directly to a lot within the subdivision;
212          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
213     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
214     relation to the plat; or
215          (D) provide culinary public water service whose source protection zone designated as
216     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision[;
217     or].
218          [(iii) is not entitled to notice of the subdivision pursuant to Subsection
219     10-9a-509(1)(b)(iv) for the purpose of determining the accuracy of the information depicted on
220     the plat.]
221          (d) For a subdivision application that includes land located within a notification zone,
222     as determined under Subsection (2)(e), the land use authority shall:
223          (i) within 20 days after the day on which a complete subdivision application is filed,
224     provide written notice of the application to the canal owner or associated canal operator contact
225     described in:
226          (A) Section 10-9a-211;
227          (B) Subsection 73-5-7(2); or
228          (C) Subsection (4)(c); and
229          (ii) wait to approve or reject the subdivision application for at least 20 days after the
230     day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
231     to receive input from the canal owner or associated canal operator, including input regarding:
232          (A) access to the canal;
233          (B) maintenance of the canal;
234          (C) canal protection; and
235          (D) canal safety.
236          (e) The land use authority shall provide the notice described in Subsection (2)(d) to a
237     canal owner or associated canal operator if:
238          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
239          (ii) the centerline alignment is available to the land use authority:
240          (A) from information provided by the canal company under Section 10-9a-211, using
241     mapping-grade global positioning satellite units or digitized data from the most recent aerial
242     photo available to the canal owner or associated canal operator;
243          (B) using the state engineer's inventory of canals under Section 73-5-7; or
244          (C) from information provided by a surveyor under Subsection (4)(c).
245          (3) The municipality may withhold an otherwise valid plat approval until the owner of
246     the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
247     penalties owing on the land have been paid.
248          (4) (a) A plat may not be submitted to a county recorder for recording unless:
249          (i) prior to recordation, each owner of record of land described on the plat has signed
250     the owner's dedication as shown on the plat; and
251          (ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
252     provided by law.
253          (b) The surveyor making the plat shall certify that the surveyor:
254          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
255     Professional Land Surveyors Licensing Act;
256          (ii) has completed a survey of the property described on the plat in accordance with
257     Section 17-23-17 and has verified all measurements; and
258          (iii) has placed monuments as represented on the plat.
259          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
260     an existing or proposed underground facility or utility facility within the proposed subdivision,
261     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
262     depiction of the:
263          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
264     public or private easement, or grants of record;
265          (B) location of an existing underground facility and utility facility; and
266          (C) physical restrictions governing the location of the underground facility and utility
267     facility within the subdivision.
268          (ii) The cooperation of an owner or operator under Subsection (4)(c)(i):
269          (A) indicates only that the plat approximates the location of the existing underground
270     and utility facilities but does not warrant or verify their precise location; and
271          (B) does not affect a right that the owner or operator has under:
272          (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
273          (II) a recorded easement or right-of-way;
274          (III) the law applicable to prescriptive rights; or
275          (IV) any other provision of law.
276          (5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
277     land shall, within the time period designated by ordinance, record the plat in the county
278     recorder's office in the county in which the lands platted and laid out are situated.
279          (b) An owner's failure to record a plat within the time period designated by ordinance
280     renders the plat voidable.
281          Section 5. Section 17-27a-206 is amended to read:
282          17-27a-206. Third party notice -- High priority transportation corridor notice.
283          (1) (a) If a county requires notice to adjacent property owners, the county shall:
284          [(a)] (i) mail notice to the record owner of each parcel within parameters specified by
285     county ordinance; or
286          [(b)] (ii) post notice on the property with a sign of sufficient size, durability, print
287     quality, and location that is reasonably calculated to give notice to passers-by.
288          [(2)] (b) If a county mails notice to third party property owners under Subsection (1), it
289     shall mail equivalent notice to property owners within an adjacent jurisdiction.
290          (2) (a) As used in this Subsection (2), "high priority transportation corridor" means a
291     transportation corridor identified as a high priority transportation corridor under Section
292     72-5-403.
293          (b) The Department of Transportation may request, in writing, that a county provide
294     the department with electronic notice of each land use application received by the county that
295     may adversely impact the development of a high priority transportation corridor.
296          (c) If the county receives a written request as provided in Subsection (2)(b), the county
297     shall provide the Department of Transportation with timely electronic notice of each land use
298     application that the request specifies.
299          Section 6. Section 17-27a-211 is amended to read:
300          17-27a-211. Canal owner or operator -- Notice to county.
301          (1) [For purposes of Subsection 17-27a-508(1)(b)(iv), a] A canal company or a canal
302     operator shall provide on or before July 1, 2010, any county in which the canal company or
303     canal operator owns or operates a canal:
304          (a) a current mailing address and phone number;
305          (b) a contact name; and
306          (c) a general description of the location of each canal owned or operated by the canal
307     owner or canal operator.
308          (2) If the information described in Subsection (1) changes after a canal company or a
309     canal operator has provided the information to the county, the canal company or canal operator
310     shall provide the correct information within 30 days of the day on which the information was
311     changed.
312          Section 7. Section 17-27a-508 is amended to read:
313          17-27a-508. Applicant's entitlement to land use application approval --
314     Exceptions -- Application relating to land in a high priority transportation corridor --
315     County's requirements and limitations -- Vesting upon submission of development plan
316     and schedule.
317          (1) (a) (i) An applicant who has filed a complete land use application, including the
318     payment of all application fees, is entitled to substantive land use review of the land use
319     application under the land use laws in effect on the date that the application is complete and as
320     further provided in this section.
321          (ii) [Except as provided in Subsection (1)(b), an] An applicant is entitled to approval of
322     a land use application if the application conforms to the requirements of the county's land use
323     maps, zoning map, and applicable land use ordinance in effect when a complete application is
324     submitted and all application fees have been paid, unless:
325          (A) the land use authority, on the record, finds that a compelling, countervailing public
326     interest would be jeopardized by approving the application; or
327          (B) in the manner provided by local ordinance and before the application is submitted,
328     the county has formally initiated proceedings to amend its ordinances in a manner that would
329     prohibit approval of the application as submitted.
330          [(b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
331     of a land use application until the requirements of this Subsection (1)(b)(i) and Subsection
332     (1)(b)(ii) have been met if the land use application relates to land located within the boundaries
333     of a high priority transportation corridor designated in accordance with Section 72-5-403.]
334          [(ii) (A) A county shall notify the executive director of the Department of
335     Transportation of any land use applications that relate to land located within the boundaries of
336     a high priority transportation corridor.]
337          [(B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
338     certified or registered mail to the executive director of the Department of Transportation.]
339          [(iii) Except as provided in Subsection (1)(c), a county may not approve a land use
340     application that relates to land located within the boundaries of a high priority transportation
341     corridor until:]
342          [(A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
343     Department of Transportation if the land use application is for a building permit; or]
344          [(B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
345     Department of Transportation if the land use application is for any land use other than a
346     building permit.]
347          [(iv) (A) If an application is an application for a subdivision approval, including any
348     land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
349     the land use authority shall:]
350          [(I) within 30 days after the day on which the application is filed, notify the canal
351     company or canal operator responsible for the canal, if the canal company or canal owner has
352     provided information under Section 17-27a-211; and]
353          [(II) wait at least 10 days after the day on which the land use authority notifies a canal
354     company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
355     subdivision application described in Subsection (1)(b)(iv)(A).]
356          [(B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
357     certified or registered mail to the canal company or canal operator contact described in Section
358     17-27a-211.]
359          [(C) The location of land described in Subsection (1)(b)(iv)(A) shall be:]
360          [(I) provided by a canal company or canal operator to the land use authority; and]
361          [(II) (Aa) determined by use of mapping-grade global positioning satellite units; or]
362          [(Bb) digitized from the most recent aerial photo available to the canal company or
363     canal operator.]
364          [(c) (i) A land use application is exempt from the requirements of Subsection (1)(b)(i)
365     if:]
366          [(A) the land use application relates to land that was the subject of a previous land use
367     application; and]
368          [(B) the previous land use application described under Subsection (1)(c)(i)(A)
369     complied with the requirements of Subsections (1)(b)(i) and (ii).]
370          [(ii) A county may approve a land use application without making the required
371     notifications under Subsections (1)(b)(i) and (ii) if:]
372          [(A) the land use application relates to land that was the subject of a previous land use
373     application; and]
374          [(B) the previous land use application described under Subsection (1)(c)(ii)(A)
375     complied with the requirements of Subsections (1)(b)(i) and (ii).]
376          [(d) After a county has complied with the requirements of Subsection (1)(b) for a land
377     use application, the county may not withhold approval of the land use application for which the
378     applicant is otherwise entitled under Subsection (1)(a).]
379          [(e)] (b) The county shall process an application without regard to proceedings initiated
380     to amend the county's ordinances as provided in Subsection (1)(a)(ii)(B) if:
381          (i) 180 days have passed since the proceedings were initiated; and
382          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
383     application as submitted.
384          [(f)] (c) An application for a land use approval is considered submitted and complete
385     when the application is provided in a form that complies with the requirements of applicable
386     ordinances and all applicable fees have been paid.
387          [(g)] (d) The continuing validity of an approval of a land use application is conditioned
388     upon the applicant proceeding after approval to implement the approval with reasonable
389     diligence.
390          [(h)] (e) A county may not impose on an applicant who has submitted a complete
391     application for preliminary subdivision approval a requirement that is not expressed:
392          (i) in this chapter;
393          (ii) in a county ordinance; or
394          (iii) in a county specification for public improvements applicable to a subdivision or
395     development that is in effect on the date that the applicant submits an application.
396          [(i)] (f) A county may not impose on a holder of an issued land use permit or a final,
397     unexpired subdivision plat a requirement that is not expressed:
398          (i) in a land use permit;
399          (ii) on the subdivision plat;
400          (iii) in a document on which the land use permit or subdivision plat is based;
401          (iv) in the written record evidencing approval of the land use permit or subdivision
402     plat;
403          (v) in this chapter; or
404          (vi) in a county ordinance.
405          [(j)] (g) A county may not withhold issuance of a certificate of occupancy or
406     acceptance of subdivision improvements because of an applicant's failure to comply with a
407     requirement that is not expressed:
408          (i) in the building permit or subdivision plat, documents on which the building permit
409     or subdivision plat is based, or the written record evidencing approval of the building permit or
410     subdivision plat; or
411          (ii) in this chapter or the county's ordinances.
412          (2) A county is bound by the terms and standards of applicable land use ordinances and
413     shall comply with mandatory provisions of those ordinances.
414          (3) A county may not, as a condition of land use application approval, require a person
415     filing a land use application to obtain documentation regarding a school district's willingness,
416     capacity, or ability to serve the development proposed in the land use application.
417          (4) Upon a specified public agency's submission of a development plan and schedule as
418     required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,
419     the specified public agency vests in the county's applicable land use maps, zoning map, hookup
420     fees, impact fees, other applicable development fees, and land use ordinances in effect on the
421     date of submission.
422          Section 8. Section 17-27a-603 is amended to read:
423          17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
424     acknowledgment, surveyor certification, and underground utility facility owner
425     verification of plat -- Recording plat.
426          (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
427     subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
428     the land shall provide an accurate plat that describes or specifies:
429          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
430     the county recorder's office;
431          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
432     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
433     intended to be used as a street or for any other public use, and whether any such area is
434     reserved or proposed for dedication for a public purpose;
435          (c) the lot or unit reference, block or building reference, street or site address, street
436     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
437     and width of the blocks and lots intended for sale; and
438          (d) every existing right-of-way and easement grant of record for an underground
439     facility, as defined in Section 54-8a-2, and for any other utility facility.
440          (2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the county's
441     ordinances and this part and has been approved by the culinary water authority, the sanitary
442     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
443     health department and the county consider the local health department's approval necessary, the
444     county shall approve the plat.
445          (b) Counties are encouraged to receive a recommendation from the fire authority before
446     approving a plat.
447          (c) A county may not require that a plat be approved or signed by a person or entity
448     who:
449          (i) is not an employee or agent of the county; and
450          (ii) does not:
451          (A) have a legal or equitable interest in the property within the proposed subdivision;
452          (B) provide a utility or other service directly to a lot within the subdivision;
453          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
454     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
455     relation to the plat; or
456          (D) provide culinary public water service whose source protection zone designated as
457     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision[;
458     or].
459          [(iii) is not entitled to notice of the subdivision pursuant to Subsection
460     17-27a-508(1)(b)(iv) for the purpose of determining the accuracy of the information depicted
461     on the plat.]
462          (d) For a subdivision application that includes land located within a notification zone,
463     as determined under Subsection (2)(e), the land use authority shall:
464          (i) within 20 days after the day on which a complete subdivision application is filed,
465     provide written notice of the application to the canal owner or associated canal operator contact
466     described in:
467          (A) Section 17-27a-211;
468          (B) Subsection 73-5-7(2); or
469          (C) Subsection (4)(c); and
470          (ii) wait to approve or reject the subdivision application for at least 20 days after the
471     day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
472     receive input from the canal owner or associated canal operator, including input regarding:
473          (A) access to the canal;
474          (B) maintenance of the canal;
475          (C) canal protection; and
476          (D) canal safety.
477          (e) The land use authority shall provide the notice described in Subsection (2)(d) to a
478     canal owner or associated canal operator if:
479          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
480          (ii) the centerline alignment is available to the land use authority:
481          (A) from information provided by the canal company under Section 17-27a-211 using
482     mapping-grade global positioning satellite units or digitized data from the most recent aerial
483     photo available to the canal owner or canal operator;
484          (B) using the state engineer's inventory of canals under Section 73-5-7; or
485          (C) from information provided by a surveyor under Subsection (4)(c).
486          (3) The county may withhold an otherwise valid plat approval until the owner of the
487     land provides the legislative body with a tax clearance indicating that all taxes, interest, and
488     penalties owing on the land have been paid.
489          (4) (a) A plat may not be submitted to a county recorder for recording unless, subject to
490     Subsection 17-27a-604(2):
491          (i) prior to recordation, each owner of record of land described on the plat has signed
492     the owner's dedication as shown on the plat; and
493          (ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
494     provided by law.
495          (b) The surveyor making the plat shall certify that the surveyor:
496          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
497     Professional Land Surveyors Licensing Act;
498          (ii) has completed a survey of the property described on the plat in accordance with
499     Section 17-23-17 and has verified all measurements; and
500          (iii) has placed monuments as represented on the plat.
501          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
502     an existing or proposed underground facility or utility facility within the proposed subdivision,
503     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
504     depiction of the:
505          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
506     public or private easement, or grants of record;
507          (B) location of an existing underground facility and utility facility; and
508          (C) physical restrictions governing the location of the underground facility and utility
509     facility within the subdivision.
510          (ii) The cooperation of an owner or operator under Subsection (4)(c)(i):
511          (A) indicates only that the plat approximates the location of the existing underground
512     and utility facilities but does not warrant or verify their precise location; and
513          (B) does not affect a right that the owner or operator has under:
514          (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
515          (II) a recorded easement or right-of-way;
516          (III) the law applicable to prescriptive rights; or
517          (IV) any other provision of law.
518          (5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
519     land shall, within the time period designated by ordinance, record the plat in the county
520     recorder's office in the county in which the lands platted and laid out are situated.
521          (b) An owner's failure to record a plat within the time period designated by ordinance
522     renders the plat voidable.