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7 LONG TITLE
8 General Description:
9 This bill establishes provisions relating to information to be contained in certain
10 databases maintained by the state.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires a municipality and a county to submit, to the Automated Geographic
14 Reference Center, information for inclusion in the unified statewide 911 emergency
15 service database;
16 ▸ requires the State Geographic Information Database to contain certain information
17 regarding each public highway in the state; and
18 ▸ makes conforming changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 10-9a-603, as last amended by Laws of Utah 2017, Chapters 410 and 428
26 10-9a-604, as last amended by Laws of Utah 2017, Chapter 405
27 17-27a-603, as last amended by Laws of Utah 2017, Chapters 410 and 428
28 17-27a-604, as last amended by Laws of Utah 2017, Chapter 405
29 63F-1-507, as last amended by Laws of Utah 2009, Chapter 350
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 10-9a-603 is amended to read:
33 10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
34 acknowledgment, surveyor certification, and underground utility facility owner
35 verification of plat -- Recording plat.
36 (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
37 subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
38 the land shall provide an accurate plat that describes or specifies:
39 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
40 the county recorder's office;
41 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
42 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
43 intended to be used as a street or for any other public use, and whether any such area is
44 reserved or proposed for dedication for a public purpose;
45 (c) the lot or unit reference, block or building reference, street or site address, street
46 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
47 and width of the blocks and lots intended for sale; and
48 (d) every existing right-of-way and easement grant of record for an underground
49 facility, as defined in Section 54-8a-2, and for any other utility facility.
50 (2) (a) Subject to Subsections (3), (4), and [
51 municipality's ordinances and this part and has been approved by the culinary water authority,
52 the sanitary sewer authority, and the local health department, as defined in Section 26A-1-102,
53 if the local health department and the municipality consider the local health department's
54 approval necessary, the municipality shall approve the plat.
55 [
56
57 (b) (i) Before approving a plat, a municipality shall request recommendations on the
58 plat from the fire authority and the public safety answering point that have jurisdiction over the
59 area described in the plat.
60 (ii) If a fire authority or public safety answering point fails to provide a
61 recommendation on the plat within 20 days after the municipality requests a recommendation
62 under Subsection (2)(b)(i), the municipality may approve the plat without the recommendation.
63 (c) A municipality may not require that a plat be approved or signed by a person or
64 entity who:
65 (i) is not an employee or agent of the municipality; or
66 (ii) does not:
67 (A) have a legal or equitable interest in the property within the proposed subdivision;
68 (B) provide a utility or other service directly to a lot within the subdivision;
69 (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
70 for the purpose of confirming the accuracy of the location of the easement or right-of-way in
71 relation to the plat; or
72 (D) provide culinary public water service whose source protection zone designated as
73 provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
74 (d) For a subdivision application that includes land located within a notification zone,
75 as determined under Subsection (2)(e), the land use authority shall:
76 (i) within 20 days after the day on which a complete subdivision application is filed,
77 provide written notice of the application to the canal owner or associated canal operator contact
78 described in:
79 (A) Section 10-9a-211;
80 (B) Subsection 73-5-7(2); or
81 (C) Subsection [
82 (ii) wait to approve or reject the subdivision application for at least 20 days after the
83 day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
84 to receive input from the canal owner or associated canal operator, including input regarding:
85 (A) access to the canal;
86 (B) maintenance of the canal;
87 (C) canal protection; and
88 (D) canal safety.
89 (e) The land use authority shall provide the notice described in Subsection (2)(d) to a
90 canal owner or associated canal operator if:
91 (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
92 (ii) the centerline alignment is available to the land use authority:
93 (A) from information provided by the canal company under Section 10-9a-211, using
94 mapping-grade global positioning satellite units or digitized data from the most recent aerial
95 photo available to the canal owner or associated canal operator;
96 (B) using the state engineer's inventory of canals under Section 73-5-7; or
97 (C) from information provided by a surveyor under Subsection [
98 (3) The municipality may withhold an otherwise valid plat approval until the owner of
99 the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
100 penalties owing on the land have been paid.
101 (4) (a) Within 30 days after approving a final plat under this section, a municipality
102 shall submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
103 inclusion in the unified statewide 911 emergency service database described in Subsection
104 63H-7a-304(4)(b):
105 (i) an electronic copy of the approved final plat; or
106 (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
107 for construction within the bounds of the approved plat.
108 (b) If requested by the Automated Geographic Reference Center, a municipality that
109 approves a final plat under this section shall:
110 (i) coordinate with the Automated Geographic Reference Center to validate the
111 information described in Subsection (4)(a); and
112 (ii) assist the Automated Geographic Reference Center in creating electronic files that
113 contain the information described in Subsection (4)(a) for inclusion in the unified statewide
114 911 emergency service database.
115 [
116 (i) prior to recordation, each owner of record of land described on the plat has signed
117 the owner's dedication as shown on the plat; and
118 (ii) the signature of each owner described in Subsection [
119 as provided by law.
120 (b) The surveyor making the plat shall certify that the surveyor:
121 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
122 Professional Land Surveyors Licensing Act;
123 (ii) has completed a survey of the property described on the plat in accordance with
124 Section 17-23-17 and has verified all measurements; and
125 (iii) has placed monuments as represented on the plat.
126 (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
127 an existing or proposed underground facility or utility facility within the proposed subdivision,
128 or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
129 depiction of the:
130 (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
131 public or private easement, or grants of record;
132 (B) location of an existing underground facility and utility facility; and
133 (C) physical restrictions governing the location of the underground facility and utility
134 facility within the subdivision.
135 (ii) The cooperation of an owner or operator under Subsection [
136 (A) indicates only that the plat approximates the location of the existing underground
137 and utility facilities but does not warrant or verify their precise location; and
138 (B) does not affect a right that the owner or operator has under:
139 (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
140 (II) a recorded easement or right-of-way;
141 (III) the law applicable to prescriptive rights; or
142 (IV) any other provision of law.
143 [
144 of the land shall, within the time period designated by ordinance, record the plat in the county
145 recorder's office in the county in which the lands platted and laid out are situated.
146 (b) An owner's failure to record a plat within the time period designated by ordinance
147 renders the plat voidable.
148 Section 2. Section 10-9a-604 is amended to read:
149 10-9a-604. Subdivision plat approval procedure -- Effect of not complying.
150 (1) A person may not submit a subdivision plat to the county recorder's office for
151 recording unless:
152 (a) the person has complied with the requirements of Subsection 10-9a-603[
153 (b) the plat has been approved by:
154 (i) the land use authority of the municipality in which the land described in the plat is
155 located; and
156 (ii) other officers that the municipality designates in its ordinance;
157 (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by the
158 designated officers; and
159 (d) if the person submitting the plat intends the plat to be or if the plat is part of a
160 community association subject to Title 57, Chapter 8a, Community Association Act, the plat
161 includes language conveying to the association, as that term is defined in Section 57-8a-102, all
162 common areas, as that term is defined in Section 57-8a-102.
163 (2) A subdivision plat recorded without the signatures required under this section is
164 void.
165 (3) A transfer of land pursuant to a void plat is voidable.
166 Section 3. Section 17-27a-603 is amended to read:
167 17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
168 acknowledgment, surveyor certification, and underground utility facility owner
169 verification of plat -- Recording plat.
170 (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
171 subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
172 the land shall provide an accurate plat that describes or specifies:
173 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
174 the county recorder's office;
175 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
176 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
177 intended to be used as a street or for any other public use, and whether any such area is
178 reserved or proposed for dedication for a public purpose;
179 (c) the lot or unit reference, block or building reference, street or site address, street
180 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
181 and width of the blocks and lots intended for sale; and
182 (d) every existing right-of-way and easement grant of record for an underground
183 facility, as defined in Section 54-8a-2, and for any other utility facility.
184 (2) (a) Subject to Subsections (3), (4), and [
185 ordinances and this part and has been approved by the culinary water authority, the sanitary
186 sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
187 health department and the county consider the local health department's approval necessary, the
188 county shall approve the plat.
189 [
190
191 (b) (i) Before approving a plat, a county shall request recommendations on the plat
192 from the fire authority and the public safety answering point that have jurisdiction over the area
193 described in the plat.
194 (ii) If a fire authority or public safety answering point fails to provide a
195 recommendation on the plat within 20 days after the county requests a recommendation under
196 Subsection (2)(b)(i), the county may approve the plat without the recommendation.
197 (c) A county may not require that a plat be approved or signed by a person or entity
198 who:
199 (i) is not an employee or agent of the county; or
200 (ii) does not:
201 (A) have a legal or equitable interest in the property within the proposed subdivision;
202 (B) provide a utility or other service directly to a lot within the subdivision;
203 (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
204 for the purpose of confirming the accuracy of the location of the easement or right-of-way in
205 relation to the plat; or
206 (D) provide culinary public water service whose source protection zone designated as
207 provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
208 (d) For a subdivision application that includes land located within a notification zone,
209 as determined under Subsection (2)(e), the land use authority shall:
210 (i) within 20 days after the day on which a complete subdivision application is filed,
211 provide written notice of the application to the canal owner or associated canal operator contact
212 described in:
213 (A) Section 17-27a-211;
214 (B) Subsection 73-5-7(2); or
215 (C) Subsection [
216 (ii) wait to approve or reject the subdivision application for at least 20 days after the
217 day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
218 receive input from the canal owner or associated canal operator, including input regarding:
219 (A) access to the canal;
220 (B) maintenance of the canal;
221 (C) canal protection; and
222 (D) canal safety.
223 (e) The land use authority shall provide the notice described in Subsection (2)(d) to a
224 canal owner or associated canal operator if:
225 (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
226 (ii) the centerline alignment is available to the land use authority:
227 (A) from information provided by the canal company under Section 17-27a-211 using
228 mapping-grade global positioning satellite units or digitized data from the most recent aerial
229 photo available to the canal owner or canal operator;
230 (B) using the state engineer's inventory of canals under Section 73-5-7; or
231 (C) from information provided by a surveyor under Subsection [
232 (3) The county may withhold an otherwise valid plat approval until the owner of the
233 land provides the legislative body with a tax clearance indicating that all taxes, interest, and
234 penalties owing on the land have been paid.
235 (4) (a) Within 30 days after approving a final plat under this section, a county shall
236 submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
237 inclusion in the unified statewide 911 emergency service database described in Subsection
238 63H-7a-304(4)(b):
239 (i) an electronic copy of the approved final plat; or
240 (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
241 for construction within the bounds of the approved plat.
242 (b) If requested by the Automated Geographic Reference Center, a county that
243 approves a final plat under this section shall:
244 (i) coordinate with the Automated Geographic Reference Center to validate the
245 information described in Subsection (4)(a); and
246 (ii) assist the Automated Geographic Reference Center in creating electronic files that
247 contain the information described in Subsection (4)(a) for inclusion in the unified statewide
248 911 emergency service database.
249 [
250 subject to Subsection 17-27a-604[
251 (i) prior to recordation, each owner of record of land described on the plat has signed
252 the owner's dedication as shown on the plat; and
253 (ii) the signature of each owner described in Subsection [
254 as provided by law.
255 (b) The surveyor making the plat shall certify that the surveyor:
256 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
257 Professional Land Surveyors Licensing Act;
258 (ii) has completed a survey of the property described on the plat in accordance with
259 Section 17-23-17 and has verified all measurements; and
260 (iii) has placed monuments as represented on the plat.
261 (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
262 an existing or proposed underground facility or utility facility within the proposed subdivision,
263 or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
264 depiction of the:
265 (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
266 public or private easement, or grants of record;
267 (B) location of an existing underground facility and utility facility; and
268 (C) physical restrictions governing the location of the underground facility and utility
269 facility within the subdivision.
270 (ii) The cooperation of an owner or operator under Subsection [
271 (A) indicates only that the plat approximates the location of the existing underground
272 and utility facilities but does not warrant or verify their precise location; and
273 (B) does not affect a right that the owner or operator has under:
274 (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
275 (II) a recorded easement or right-of-way;
276 (III) the law applicable to prescriptive rights; or
277 (IV) any other provision of law.
278 [
279 of the land shall, within the time period designated by ordinance, record the plat in the county
280 recorder's office in the county in which the lands platted and laid out are situated.
281 (b) An owner's failure to record a plat within the time period designated by ordinance
282 renders the plat voidable.
283 Section 4. Section 17-27a-604 is amended to read:
284 17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
285 (1) A person may not submit a subdivision plat to the county recorder's office for
286 recording unless:
287 (a) the person has complied with the requirements of Subsection 17-27a-603[
288 (b) the plat has been approved by:
289 (i) the land use authority of the:
290 (A) county in whose unincorporated area the land described in the plat is located; or
291 (B) mountainous planning district in whose area the land described in the plat is
292 located; and
293 (ii) other officers that the county designates in its ordinance;
294 (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
295 designated officers; and
296 (d) if the person submitting the plat intends the plat to be or if the plat is part of a
297 community association subject to Title 57, Chapter 8a, Community Association Act, the plat
298 includes language conveying to the association, as that term is defined in Section 57-8a-102, all
299 common areas, as that term is defined in Section 57-8a-102.
300 (2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if
301 the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a,
302 Community Association Act.
303 (3) A plat recorded without the signatures required under this section is void.
304 (4) A transfer of land pursuant to a void plat is voidable.
305 Section 5. Section 63F-1-507 is amended to read:
306 63F-1-507. State Geographic Information Database.
307 (1) There is created a State Geographic Information Database to be managed by the
308 center.
309 (2) The database shall:
310 (a) serve as the central reference for all information contained in any GIS database by
311 any state agency;
312 (b) serve as a clearing house and repository for all data layers required by multiple
313 users;
314 (c) serve as a standard format for geographic information acquired, purchased, or
315 produced by any state agency; [
316 (d) include an accurate representation of all civil subdivision boundaries of the state[
317 and
318 (e) for each public highway, as defined in Section 72-1-102, in the state, include an
319 accurate representation of the highway's centerline, physical characteristics, and associated
320 street address ranges.
321 (3) The center shall, in coordination with municipalities, counties, emergency
322 communications centers, and the Department of Transportation:
323 (a) develop the information described in Subsection (2)(e); and
324 (b) update the information described in Subsection (2)(e) in a timely manner after a
325 county recorder records a final plat.
326 [
327 information data shall:
328 (a) inform the center of the existence of the data layers and their geographic extent;
329 (b) allow the center access to all data classified public; and
330 (c) comply with any database requirements established by the center.
331 [
332 information the State Tax Commission receives under Section 67-1a-6.5 relating to the creation
333 or modification of the boundaries of political subdivisions.
334 [
335 Information Database is the official boundary of the political subdivision for purposes of
336 meeting the needs of the United States Bureau of the Census in identifying the boundary of the
337 political subdivision.
Legislative Review Note
Office of Legislative Research and General Counsel