This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 7, 2019 at 10:24 AM by estauffer.
1     
STATE DATABASES AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Paul Ray

5     
Senate Sponsor: Allen M. Christensen

6     

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          ▸      encourages counties and municipalities to receive a recommendation from the
14     public safety answering point before approving a plat;
15          ▸     requires counties and municipalities to submit, to the Automated Geographic
16     Reference Center, information for inclusion in the unified statewide 911 emergency
17     service database;
18          ▸     requires the State Geographic Information Database to contain certain information
19     regarding each public highway in the state;
20          ▸      requires conformity to the Utah Coordinate System by a specified date; and
21          ▸     makes 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-603, as last amended by Laws of Utah 2017, Chapters 410 and 428
29          10-9a-604, as last amended by Laws of Utah 2017, Chapter 405
30          17-27a-603, as last amended by Laws of Utah 2017, Chapters 410 and 428
31          17-27a-604, as last amended by Laws of Utah 2017, Chapter 405
32          57-10-11, as last amended by Laws of Utah 2001, Chapter 62
33          63F-1-507, as last amended by Laws of Utah 2009, Chapter 350
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 10-9a-603 is amended to read:
37          10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
38     acknowledgment, surveyor certification, and underground utility facility owner
39     verification of plat -- Recording plat.
40          (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
41     subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
42     the land shall provide an accurate plat that describes or specifies:
43          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
44     the county recorder's office;
45          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
46     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
47     intended to be used as a street or for any other public use, and whether any such area is
48     reserved or proposed for dedication for a public purpose;
49          (c) the lot or unit reference, block or building reference, street or site address, street
50     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
51     and width of the blocks and lots intended for sale; and
52          (d) every existing right-of-way and easement grant of record for an underground
53     facility, as defined in Section 54-8a-2, and for any other utility facility.
54          (2) (a) Subject to Subsections (3), (4), and [(5)] (6), if the plat conforms to the
55     municipality's ordinances and this part and has been approved by the culinary water authority,
56     the sanitary sewer authority, and the local health department, as defined in Section 26A-1-102,
57     if the local health department and the municipality consider the local health department's
58     approval necessary, the municipality shall approve the plat.
59          (b) Municipalities are encouraged to receive a recommendation from the fire authority
60     and the public safety answering point before approving a plat.
61          (c) A municipality may not require that a plat be approved or signed by a person or
62     entity who:
63          (i) is not an employee or agent of the municipality; or
64          (ii) does not:
65          (A) have a legal or equitable interest in the property within the proposed subdivision;
66          (B) provide a utility or other service directly to a lot within the subdivision;
67          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
68     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
69     relation to the plat; or
70          (D) provide culinary public water service whose source protection zone designated as
71     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
72          (d) For a subdivision application that includes land located within a notification zone,
73     as determined under Subsection (2)(e), the land use authority shall:
74          (i) within 20 days after the day on which a complete subdivision application is filed,
75     provide written notice of the application to the canal owner or associated canal operator contact
76     described in:
77          (A) Section 10-9a-211;
78          (B) Subsection 73-5-7(2); or
79          (C) Subsection [(4)] (5)(c); and
80          (ii) wait to approve or reject the subdivision application for at least 20 days after the
81     day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
82     to receive input from the canal owner or associated canal operator, including input regarding:
83          (A) access to the canal;
84          (B) maintenance of the canal;
85          (C) canal protection; and
86          (D) canal safety.
87          (e) The land use authority shall provide the notice described in Subsection (2)(d) to a
88     canal owner or associated canal operator if:
89          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
90          (ii) the centerline alignment is available to the land use authority:
91          (A) from information provided by the canal company under Section 10-9a-211, using
92     mapping-grade global positioning satellite units or digitized data from the most recent aerial
93     photo available to the canal owner or associated canal operator;
94          (B) using the state engineer's inventory of canals under Section 73-5-7; or
95          (C) from information provided by a surveyor under Subsection [(4)] (5)(c).
96          (3) The municipality may withhold an otherwise valid plat approval until the owner of
97     the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
98     penalties owing on the land have been paid.
99          (4) (a) Within 30 days after approving a final plat under this section, a municipality
100     shall submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
101     inclusion in the unified statewide 911 emergency service database described in Subsection
102     63H-7a-304(4)(b):
103          (i) an electronic copy of the approved final plat; or
104          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
105     for construction within the bounds of the approved plat.
106          (b) If requested by the Automated Geographic Reference Center, a municipality that
107     approves a final plat under this section shall:
108          (i) coordinate with the Automated Geographic Reference Center to validate the
109     information described in Subsection (4)(a); and
110          (ii) assist the Automated Geographic Reference Center in creating electronic files that
111     contain the information described in Subsection (4)(a) for inclusion in the unified statewide
112     911 emergency service database.
113          [(4)] (5) (a) A plat may not be submitted to a county recorder for recording unless:
114          (i) prior to recordation, each owner of record of land described on the plat has signed
115     the owner's dedication as shown on the plat; and
116          (ii) the signature of each owner described in Subsection [(4)] (5)(a)(i) is acknowledged
117     as provided by law.
118          (b) The surveyor making the plat shall certify that the surveyor:
119          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
120     Professional Land Surveyors Licensing Act;
121          (ii) has completed a survey of the property described on the plat in accordance with
122     Section 17-23-17 and has verified all measurements; and
123          (iii) has placed monuments as represented on the plat.
124          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
125     an existing or proposed underground facility or utility facility within the proposed subdivision,
126     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
127     depiction of the:
128          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
129     public or private easement, or grants of record;
130          (B) location of an existing underground facility and utility facility; and
131          (C) physical restrictions governing the location of the underground facility and utility
132     facility within the subdivision.
133          (ii) The cooperation of an owner or operator under Subsection [(4)] (5)(c)(i):
134          (A) indicates only that the plat approximates the location of the existing underground
135     and utility facilities but does not warrant or verify their precise location; and
136          (B) does not affect a right that the owner or operator has under:
137          (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
138          (II) a recorded easement or right-of-way;
139          (III) the law applicable to prescriptive rights; or
140          (IV) any other provision of law.
141          [(5)] (6) (a) After the plat has been acknowledged, certified, and approved, the owner
142     of the land shall, within the time period designated by ordinance, record the plat in the county
143     recorder's office in the county in which the lands platted and laid out are situated.
144          (b) An owner's failure to record a plat within the time period designated by ordinance
145     renders the plat voidable.
146          Section 2. Section 10-9a-604 is amended to read:
147          10-9a-604. Subdivision plat approval procedure -- Effect of not complying.
148          (1) A person may not submit a subdivision plat to the county recorder's office for
149     recording unless:
150          (a) the person has complied with the requirements of Subsection 10-9a-603[(4)](5)(a);
151          (b) the plat has been approved by:
152          (i) the land use authority of the municipality in which the land described in the plat is
153     located; and
154          (ii) other officers that the municipality designates in its ordinance;
155          (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by the
156     designated officers; and
157          (d) if the person submitting the plat intends the plat to be or if the plat is part of a
158     community association subject to Title 57, Chapter 8a, Community Association Act, the plat
159     includes language conveying to the association, as that term is defined in Section 57-8a-102, all
160     common areas, as that term is defined in Section 57-8a-102.
161          (2) A subdivision plat recorded without the signatures required under this section is
162     void.
163          (3) A transfer of land pursuant to a void plat is voidable.
164          Section 3. Section 17-27a-603 is amended to read:
165          17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
166     acknowledgment, surveyor certification, and underground utility facility owner
167     verification of plat -- Recording plat.
168          (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
169     subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
170     the land shall provide an accurate plat that describes or specifies:
171          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
172     the county recorder's office;
173          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
174     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
175     intended to be used as a street or for any other public use, and whether any such area is
176     reserved or proposed for dedication for a public purpose;
177          (c) the lot or unit reference, block or building reference, street or site address, street
178     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
179     and width of the blocks and lots intended for sale; and
180          (d) every existing right-of-way and easement grant of record for an underground
181     facility, as defined in Section 54-8a-2, and for any other utility facility.
182          (2) (a) Subject to Subsections (3), (4), and [(5)] (6), if the plat conforms to the county's
183     ordinances and this part and has been approved by the culinary water authority, the sanitary
184     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
185     health department and the county consider the local health department's approval necessary, the
186     county shall approve the plat.
187          (b) Counties are encouraged to receive a recommendation from the fire authority and
188     the public safety answering point before approving a plat.
189          (c) A county may not require that a plat be approved or signed by a person or entity
190     who:
191          (i) is not an employee or agent of the county; or
192          (ii) does not:
193          (A) have a legal or equitable interest in the property within the proposed subdivision;
194          (B) provide a utility or other service directly to a lot within the subdivision;
195          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
196     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
197     relation to the plat; or
198          (D) provide culinary public water service whose source protection zone designated as
199     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
200          (d) For a subdivision application that includes land located within a notification zone,
201     as determined under Subsection (2)(e), the land use authority shall:
202          (i) within 20 days after the day on which a complete subdivision application is filed,
203     provide written notice of the application to the canal owner or associated canal operator contact
204     described in:
205          (A) Section 17-27a-211;
206          (B) Subsection 73-5-7(2); or
207          (C) Subsection [(4)] (5)(c); and
208          (ii) wait to approve or reject the subdivision application for at least 20 days after the
209     day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
210     receive input from the canal owner or associated canal operator, including input regarding:
211          (A) access to the canal;
212          (B) maintenance of the canal;
213          (C) canal protection; and
214          (D) canal safety.
215          (e) The land use authority shall provide the notice described in Subsection (2)(d) to a
216     canal owner or associated canal operator if:
217          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
218          (ii) the centerline alignment is available to the land use authority:
219          (A) from information provided by the canal company under Section 17-27a-211 using
220     mapping-grade global positioning satellite units or digitized data from the most recent aerial
221     photo available to the canal owner or canal operator;
222          (B) using the state engineer's inventory of canals under Section 73-5-7; or
223          (C) from information provided by a surveyor under Subsection [(4)] (5)(c).
224          (3) The county may withhold an otherwise valid plat approval until the owner of the
225     land provides the legislative body with a tax clearance indicating that all taxes, interest, and
226     penalties owing on the land have been paid.
227          (4) (a) Within 30 days after approving a final plat under this section, a county shall
228     submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
229     inclusion in the unified statewide 911 emergency service database described in Subsection
230     63H-7a-304(4)(b):
231          (i) an electronic copy of the approved final plat; or
232          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
233     for construction within the bounds of the approved plat.
234          (b) If requested by the Automated Geographic Reference Center, a county that
235     approves a final plat under this section shall:
236          (i) coordinate with the Automated Geographic Reference Center to validate the
237     information described in Subsection (4)(a); and
238          (ii) assist the Automated Geographic Reference Center in creating electronic files that
239     contain the information described in Subsection (4)(a) for inclusion in the unified statewide
240     911 emergency service database.
241          [(4)] (5) (a) A plat may not be submitted to a county recorder for recording unless,
242     subject to Subsection 17-27a-604[(2)](1):
243          (i) prior to recordation, each owner of record of land described on the plat has signed
244     the owner's dedication as shown on the plat; and
245          (ii) the signature of each owner described in Subsection [(4)] (5)(a)(i) is acknowledged
246     as provided by law.
247          (b) The surveyor making the plat shall certify that the surveyor:
248          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
249     Professional Land Surveyors Licensing Act;
250          (ii) has completed a survey of the property described on the plat in accordance with
251     Section 17-23-17 and has verified all measurements; and
252          (iii) has placed monuments as represented on the plat.
253          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
254     an existing or proposed underground facility or utility facility within the proposed subdivision,
255     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
256     depiction of the:
257          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
258     public or private easement, or grants of record;
259          (B) location of an existing underground facility and utility facility; and
260          (C) physical restrictions governing the location of the underground facility and utility
261     facility within the subdivision.
262          (ii) The cooperation of an owner or operator under Subsection [(4)] (5)(c)(i):
263          (A) indicates only that the plat approximates the location of the existing underground
264     and utility facilities but does not warrant or verify their precise location; and
265          (B) does not affect a right that the owner or operator has under:
266          (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
267          (II) a recorded easement or right-of-way;
268          (III) the law applicable to prescriptive rights; or
269          (IV) any other provision of law.
270          [(5)] (6) (a) After the plat has been acknowledged, certified, and approved, the owner
271     of the land shall, within the time period designated by ordinance, record the plat in the county
272     recorder's office in the county in which the lands platted and laid out are situated.
273          (b) An owner's failure to record a plat within the time period designated by ordinance
274     renders the plat voidable.
275          Section 4. Section 17-27a-604 is amended to read:
276          17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
277          (1) A person may not submit a subdivision plat to the county recorder's office for
278     recording unless:
279          (a) the person has complied with the requirements of Subsection 17-27a-603[(4)](5)(a);
280          (b) the plat has been approved by:
281          (i) the land use authority of the:
282          (A) county in whose unincorporated area the land described in the plat is located; or
283          (B) mountainous planning district in whose area the land described in the plat is
284     located; and
285          (ii) other officers that the county designates in its ordinance;
286          (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
287     designated officers; and
288          (d) if the person submitting the plat intends the plat to be or if the plat is part of a
289     community association subject to Title 57, Chapter 8a, Community Association Act, the plat
290     includes language conveying to the association, as that term is defined in Section 57-8a-102, all
291     common areas, as that term is defined in Section 57-8a-102.
292          (2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if
293     the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a,
294     Community Association Act.
295          (3) A plat recorded without the signatures required under this section is void.
296          (4) A transfer of land pursuant to a void plat is voidable.
297          Section 5. Section 57-10-11 is amended to read:
298          57-10-11. Requirement to conform to the Utah Coordinate System.
299          [After January 1, 2002, any] A person, corporation, municipality, county, or state
300     agency [who is not] that is utilizing an existing county coordinate system [and is] or
301     establishing a new countywide coordinate network for surveying or mapping, or both, [must]
302      shall, by January 1, Ŝ→ [2020] 2021 ←Ŝ , conform to the current Utah Coordinate System [of
302a     1983], along with
303     the current federal coordinate update.
304          Section 6. Section 63F-1-507 is amended to read:
305          63F-1-507. State Geographic Information Database.
306          (1) There is created a State Geographic Information Database to be managed by the
307     center.
308          (2) The database shall:
309          (a) serve as the central reference for all information contained in any GIS database by
310     any state agency;
311          (b) serve as a clearing house and repository for all data layers required by multiple
312     users;
313          (c) serve as a standard format for geographic information acquired, purchased, or
314     produced by any state agency; [and]
315          (d) include an accurate representation of all civil subdivision boundaries of the state[.];
316     and
317          (e) for each public highway, as defined in Section 72-1-102, in the state, include an
318     accurate representation of the highway's centerline, physical characteristics, and associated
319     street address ranges.
320          (3) The center shall, in coordination with municipalities, counties, emergency
321     communications centers, and the Department of Transportation:
322          (a) develop the information described in Subsection (2)(e); and
323          (b) update the information described in Subsection (2)(e) in a timely manner after a
324     county recorder records a final plat.
325          [(3)] (4) Each state agency that acquires, purchases, or produces digital geographic
326     information data shall:
327          (a) inform the center of the existence of the data layers and their geographic extent;
328          (b) allow the center access to all data classified public; and
329          (c) comply with any database requirements established by the center.
330          [(4)] (5) At least annually, the State Tax Commission shall deliver to the center
331     information the State Tax Commission receives under Section 67-1a-6.5 relating to the creation
332     or modification of the boundaries of political subdivisions.
333          [(5)] (6) The boundary of a political subdivision within the State Geographic
334     Information Database is the official boundary of the political subdivision for purposes of
335     meeting the needs of the United States Bureau of the Census in identifying the boundary of the
336     political subdivision.