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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Municipal Land Use, Development, and
10 Management Act and the County Land Use, Development, and Management Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ addresses local authority to adopt local land use requirements and regulations;
15 ▸ amends the process to vacate a public street;
16 ▸ clarifies local authority regarding a planning commission;
17 ▸ amends the authority of a local legislative body regarding zoning;
18 ▸ provides that a local legislative body may, by ordinance, consider a planning
19 commission's failure to make a certain timely recommendation as a negative
20 recommendation;
21 ▸ requires a legislative body to classify each allowed use in a zoning district;
22 ▸ prohibits a municipality from withholding the issuance of a certificate of occupancy
23 in certain circumstances;
24 ▸ imposes a time limit for final action on certain applications;
25 ▸ prohibits a county recorder from recording a subdivision plat unless the relevant
26 municipality or county has approved and signed the plat;
27 ▸ requires a municipality and county to establish two acceptable forms of completion
28 assurance and adds elements for which the municipality or county may not require
29 completion assurance;
30 ▸ amends provisions regarding exemptions from the plat requirement;
31 ▸ amends a provision regarding municipal or county liability for the dedication of a
32 street;
33 ▸ allows for a separate process to vacate a public street through a petition;
34 ▸ repeals provisions regarding a historic preservation appeal authority;
35 ▸ allows a legislative body to act as an appeal authority to review a land use decision
36 in certain circumstances;
37 ▸ provides for a court to review a land use application denial and remand the matter in
38 certain circumstances;
39 ▸ allows a court to award attorney fees if the court makes a certain determination of
40 bad faith challenge to a land use application decision;
41 ▸ requires a boundary line agreement operating as a quitclaim deed to meet certain
42 standards;
43 ▸ amends provisions regarding boundary line agreements, including elements, status,
44 and exemptions; and
45 ▸ makes technical and conforming changes.
46 Money Appropriated in this Bill:
47 None
48 Other Special Clauses:
49 This bill provides a coordination clause.
50 Utah Code Sections Affected:
51 AMENDS:
52 10-9a-102, as last amended by Laws of Utah 2018, Chapter 460
53 10-9a-103, as last amended by Laws of Utah 2018, Chapters 339 and 415
54 10-9a-104, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
55 10-9a-208, as last amended by Laws of Utah 2010, Chapter 90
56 10-9a-302, as last amended by Laws of Utah 2017, Chapter 84
57 10-9a-501, as last amended by Laws of Utah 2017, Chapter 84
58 10-9a-502, as last amended by Laws of Utah 2017, Chapter 84
59 10-9a-503, as last amended by Laws of Utah 2017, Chapters 17, 79, and 84
60 10-9a-507, as last amended by Laws of Utah 2018, Chapter 339
61 10-9a-509, as last amended by Laws of Utah 2018, Chapter 339
62 10-9a-509.5, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
63 10-9a-601, as renumbered and amended by Laws of Utah 2005, Chapter 254
64 10-9a-602, as renumbered and amended by Laws of Utah 2005, Chapter 254
65 10-9a-603, as last amended by Laws of Utah 2017, Chapters 410 and 428
66 10-9a-604.5, as last amended by Laws of Utah 2018, Chapter 339
67 10-9a-605, as last amended by Laws of Utah 2010, Chapter 381
68 10-9a-607, as last amended by Laws of Utah 2010, Chapter 381
69 10-9a-608, as last amended by Laws of Utah 2014, Chapter 136
70 10-9a-609, as last amended by Laws of Utah 2014, Chapter 136
71 10-9a-609.5, as last amended by Laws of Utah 2010, Chapter 381
72 10-9a-701, as last amended by Laws of Utah 2018, Second Special Session, Chapter 1
73 10-9a-707, as last amended by Laws of Utah 2017, Chapter 84
74 10-9a-801, as last amended by Laws of Utah 2018, Chapter 339
75 10-9a-802, as last amended by Laws of Utah 2018, Chapter 339
76 17-27a-102, as last amended by Laws of Utah 2018, Chapter 460
77 17-27a-103, as last amended by Laws of Utah 2018, Chapters 339 and 415
78 17-27a-104, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
79 17-27a-208, as last amended by Laws of Utah 2010, Chapter 90
80 17-27a-302, as last amended by Laws of Utah 2017, Chapter 84
81 17-27a-501, as last amended by Laws of Utah 2017, Chapter 84
82 17-27a-502, as last amended by Laws of Utah 2017, Chapter 84
83 17-27a-503, as last amended by Laws of Utah 2017, Chapter 84
84 17-27a-506, as last amended by Laws of Utah 2018, Chapter 339
85 17-27a-508, as last amended by Laws of Utah 2018, Chapter 339
86 17-27a-509.5, as last amended by Laws of Utah 2008, Chapter 112
87 17-27a-601, as renumbered and amended by Laws of Utah 2005, Chapter 254
88 17-27a-602, as last amended by Laws of Utah 2015, Chapter 465
89 17-27a-603, as last amended by Laws of Utah 2017, Chapters 410 and 428
90 17-27a-604.5, as last amended by Laws of Utah 2018, Chapter 339
91 17-27a-605, as last amended by Laws of Utah 2016, Chapter 147
92 17-27a-607, as last amended by Laws of Utah 2010, Chapter 381
93 17-27a-608, as last amended by Laws of Utah 2014, Chapter 136
94 17-27a-609, as last amended by Laws of Utah 2014, Chapter 136
95 17-27a-609.5, as last amended by Laws of Utah 2010, Chapter 381
96 17-27a-707, as last amended by Laws of Utah 2017, Chapter 84
97 17-27a-801, as last amended by Laws of Utah 2018, Chapter 339
98 17-27a-802, as last amended by Laws of Utah 2018, Chapter 339
99 57-1-13, as last amended by Laws of Utah 2011, Chapter 88
100 57-1-45, as last amended by Laws of Utah 2011, Chapter 88
101 63I-2-217, as last amended by Laws of Utah 2018, Chapter 68 and further amended by
102 Revisor Instructions, Laws of Utah 2018, Chapter 456
103 Utah Code Sections Affected by Coordination Clause:
104 10-9a-103, as last amended by Laws of Utah 2018, Chapters 339 and 415
105 10-9a-509, as last amended by Laws of Utah 2018, Chapter 339
106 17-27a-103, as last amended by Laws of Utah 2018, Chapters 339 and 415
107 17-27a-509, as last amended by Laws of Utah 2013, Chapter 200
108 63I-2-217, as last amended by Laws of Utah 2018, Chapter 68 and further amended by
109 Revisor Instructions, Laws of Utah 2018, Chapter 456
110
111 Be it enacted by the Legislature of the state of Utah:
112 Section 1. Section 10-9a-102 is amended to read:
113 10-9a-102. Purposes -- General land use authority.
114 (1) The purposes of this chapter are to:
115 (a) provide for the health, safety, and welfare[
116 (b) promote the prosperity[
117 (c) improve the morals, peace [
118 of each municipality and [
119 businesses[
120 (d) protect the tax base[
121 (e) secure economy in governmental expenditures[
122 (f) foster the state's agricultural and other industries[
123 (g) protect both urban and nonurban development[
124 (h) protect and ensure access to sunlight for solar energy devices[
125 (i) provide fundamental fairness in land use regulation[
126 (j) facilitate orderly growth and allow growth in a variety of housing types; and
127 (k) protect property values.
128 (2) To accomplish the purposes of this chapter, [
129 enact all ordinances, resolutions, and rules and may enter into other forms of land use controls
130 and development agreements that [
131 appropriate for the use and development of land within the municipality, including ordinances,
132 resolutions, rules, restrictive covenants, easements, and development agreements governing:
133 (a) uses[
134 (b) density[
135 (c) open spaces[
136 (d) structures[
137 (e) buildings[
138 (f) energy efficiency[
139 (g) light and air[
140 (h) air quality[
141 (i) transportation and public or alternative transportation[
142 (j) infrastructure[
143 (k) street and building orientation [
144 (l) width requirements[
145 (m) public facilities[
146 (n) fundamental fairness in land use regulation[
147 (o) considerations of surrounding land uses [
148 purposes with a landowner's private property interests[
149
150 protections.
151 (3) (a) Any ordinance, resolution, or rule enacted by a municipality pursuant to its
152 authority under this chapter shall comply with the state's exclusive jurisdiction to regulate oil
153 and gas activity, as described in Section 40-6-2.5.
154 (b) A municipality may enact an ordinance, resolution, or rule that regulates surface
155 activity incident to an oil and gas activity if the municipality demonstrates that the regulation:
156 (i) is necessary for the purposes of this chapter;
157 (ii) does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and
158 (iii) does not interfere with the state's exclusive jurisdiction to regulate oil and gas
159 activity, as described in Section 40-6-2.5.
160 Section 2. Section 10-9a-103 is amended to read:
161 10-9a-103. Definitions.
162 As used in this chapter:
163 (1) "Affected entity" means a county, municipality, local district, special service
164 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
165 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
166 public utility, property owner, property owners association, or the Utah Department of
167 Transportation, if:
168 (a) the entity's services or facilities are likely to require expansion or significant
169 modification because of an intended use of land;
170 (b) the entity has filed with the municipality a copy of the entity's general or long-range
171 plan; or
172 (c) the entity has filed with the municipality a request for notice during the same
173 calendar year and before the municipality provides notice to an affected entity in compliance
174 with a requirement imposed under this chapter.
175 (2) "Appeal authority" means the person, board, commission, agency, or other body
176 designated by ordinance to decide an appeal of a decision of a land use application or a
177 variance.
178 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
179 residential property if the sign is designed or intended to direct attention to a business, product,
180 or service that is not sold, offered, or existing on the property where the sign is located.
181 (4) (a) "Charter school" means:
182 (i) an operating charter school;
183 (ii) a charter school applicant that has its application approved by a charter school
184 authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
185 (iii) an entity that is working on behalf of a charter school or approved charter
186 applicant to develop or construct a charter school building.
187 (b) "Charter school" does not include a therapeutic school.
188 (5) "Conditional use" means a land use that, because of its unique characteristics or
189 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
190 compatible in some areas or may be compatible only if certain conditions are required that
191 mitigate or eliminate the detrimental impacts.
192 (6) "Constitutional taking" means a governmental action that results in a taking of
193 private property so that compensation to the owner of the property is required by the:
194 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
195 (b) Utah Constitution Article I, Section 22.
196 (7) "Culinary water authority" means the department, agency, or public entity with
197 responsibility to review and approve the feasibility of the culinary water system and sources for
198 the subject property.
199 (8) "Development activity" means:
200 (a) any construction or expansion of a building, structure, or use that creates additional
201 demand and need for public facilities;
202 (b) any change in use of a building or structure that creates additional demand and need
203 for public facilities; or
204 (c) any change in the use of land that creates additional demand and need for public
205 facilities.
206 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
207 or more of a person's major life activities, including a person having a record of such an
208 impairment or being regarded as having such an impairment.
209 (b) "Disability" does not include current illegal use of, or addiction to, any federally
210 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
211 802.
212 (10) "Educational facility":
213 (a) means:
214 (i) a school district's building at which pupils assemble to receive instruction in a
215 program for any combination of grades from preschool through grade 12, including
216 kindergarten and a program for children with disabilities;
217 (ii) a structure or facility:
218 (A) located on the same property as a building described in Subsection (10)(a)(i); and
219 (B) used in support of the use of that building; and
220 (iii) a building to provide office and related space to a school district's administrative
221 personnel; and
222 (b) does not include:
223 (i) land or a structure, including land or a structure for inventory storage, equipment
224 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
225 (A) not located on the same property as a building described in Subsection (10)(a)(i);
226 and
227 (B) used in support of the purposes of a building described in Subsection (10)(a)(i); or
228 (ii) a therapeutic school.
229 (11) "Fire authority" means the department, agency, or public entity with responsibility
230 to review and approve the feasibility of fire protection and suppression services for the subject
231 property.
232 (12) "Flood plain" means land that:
233 (a) is within the 100-year flood plain designated by the Federal Emergency
234 Management Agency; or
235 (b) has not been studied or designated by the Federal Emergency Management Agency
236 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
237 the land has characteristics that are similar to those of a 100-year flood plain designated by the
238 Federal Emergency Management Agency.
239 (13) "General plan" means a document that a municipality adopts that sets forth general
240 guidelines for proposed future development of the land within the municipality.
241 (14) "Geologic hazard" means:
242 (a) a surface fault rupture;
243 (b) shallow groundwater;
244 (c) liquefaction;
245 (d) a landslide;
246 (e) a debris flow;
247 (f) unstable soil;
248 (g) a rock fall; or
249 (h) any other geologic condition that presents a risk:
250 (i) to life;
251 (ii) of substantial loss of real property; or
252 (iii) of substantial damage to real property.
253 (15) "Historic preservation authority" means a person, board, commission, or other
254 body designated by a legislative body to:
255 (a) recommend land use regulations to preserve local historic districts or areas; and
256 (b) administer local historic preservation land use regulations within a local historic
257 district or area.
258 (16) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
259 meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
260 utility system.
261 (17) "Identical plans" means building plans submitted to a municipality that:
262 (a) are clearly marked as "identical plans";
263 (b) are substantially identical to building plans that were previously submitted to and
264 reviewed and approved by the municipality; and
265 (c) describe a building that:
266 (i) is located on land zoned the same as the land on which the building described in the
267 previously approved plans is located;
268 (ii) is subject to the same geological and meteorological conditions and the same law
269 as the building described in the previously approved plans;
270 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
271 and approved by the municipality; and
272 (iv) does not require any additional engineering or analysis.
273 (18) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
274 Impact Fees Act.
275 (19) "Improvement completion assurance" means a surety bond, letter of credit,
276 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
277 by a municipality to guaranty the proper completion of landscaping or an infrastructure
278 improvement required as a condition precedent to:
279 (a) recording a subdivision plat; or
280 (b) development of a commercial, industrial, mixed use, or multifamily project.
281 (20) "Improvement warranty" means an applicant's unconditional warranty that the
282 applicant's installed and accepted landscaping or infrastructure improvement:
283 (a) complies with the municipality's written standards for design, materials, and
284 workmanship; and
285 (b) will not fail in any material respect, as a result of poor workmanship or materials,
286 within the improvement warranty period.
287 (21) "Improvement warranty period" means a period:
288 (a) no later than one year after a municipality's acceptance of required landscaping; or
289 (b) no later than one year after a municipality's acceptance of required infrastructure,
290 unless the municipality:
291 (i) determines for good cause that a one-year period would be inadequate to protect the
292 public health, safety, and welfare; and
293 (ii) has substantial evidence, on record:
294 (A) of prior poor performance by the applicant; or
295 (B) that the area upon which the infrastructure will be constructed contains suspect soil
296 and the municipality has not otherwise required the applicant to mitigate the suspect soil.
297 (22) "Infrastructure improvement" means permanent infrastructure that is essential for
298 the public health and safety or that:
299 (a) is required for human occupation; and
300 (b) an applicant must install:
301 [
302 specifications for public improvements; and
303 [
304 [
305 (B) obtaining a building permit; or
306 [
307 multifamily project.
308 (23) "Internal lot restriction" means a platted note, platted demarcation, or platted
309 designation that:
310 (a) runs with the land; and
311 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
312 the plat; or
313 (ii) designates a development condition that is enclosed within the perimeter of a lot
314 described on the plat.
315 (24) "Land use applicant" means a property owner, or the property owner's designee,
316 who submits a land use application regarding the property owner's land.
317 (25) "Land use application":
318 (a) means an application that is:
319 (i) required by a municipality; and
320 (ii) submitted by a land use applicant to obtain a land use decision; and
321 (b) does not mean an application to enact, amend, or repeal a land use regulation.
322 (26) "Land use authority" means:
323 (a) a person, board, commission, agency, or body, including the local legislative body,
324 designated by the local legislative body to act upon a land use application; or
325 (b) if the local legislative body has not designated a person, board, commission,
326 agency, or body, the local legislative body.
327 (27) "Land use decision" means an administrative decision of a land use authority or
328 appeal authority regarding:
329 (a) a land use permit;
330 (b) a land use application; or
331 (c) the enforcement of a land use regulation, land use permit, or development
332 agreement.
333 (28) "Land use permit" means a permit issued by a land use authority.
334 (29) "Land use regulation":
335 (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
336 specification, fee, or rule that governs the use or development of land;
337 (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
338 and
339 (c) does not include:
340 (i) a land use decision of the legislative body acting as the land use authority, even if
341 the decision is expressed in a resolution or ordinance; or
342 (ii) a temporary revision to an engineering specification that does not materially:
343 (A) increase a land use applicant's cost of development compared to the existing
344 specification; or
345 (B) impact a land use applicant's use of land.
346 (30) "Legislative body" means the municipal council.
347 (31) "Local district" means an entity under Title 17B, Limited Purpose Local
348 Government Entities - Local Districts, and any other governmental or quasi-governmental
349 entity that is not a county, municipality, school district, or the state.
350 (32) "Local historic district or area" means a geographically definable area that:
351 (a) contains any combination of buildings, structures, sites, objects, landscape features,
352 archeological sites, or works of art that contribute to the historic preservation goals of a
353 legislative body; and
354 (b) is subject to land use regulations to preserve the historic significance of the local
355 historic district or area.
356 (33) "Lot" means a tract of land, regardless of any label, that is created by and shown
357 on a subdivision plat that has been recorded in the office of the county recorder.
358 [
359 boundary [
360 are located in the same subdivision, in accordance with Section 10-9a-608, with the consent of
361 the owners of record.
362 (b) "Lot line adjustment" does not mean a new boundary line that:
363 (i) creates an additional lot; or
364 (ii) constitutes a subdivision.
365 [
366 occupancy by households with a gross household income equal to or less than 80% of the
367 median gross income for households of the same size in the county in which the city is located.
368 (36) "Municipal utility easement" means an easement that:
369 (a) a plat recorded in a county recorder's office described as a municipal utility
370 easement or otherwise as a utility easement;
371 (b) is not a protected utility easement or a public utility easement as defined in Section
372 54-3-27;
373 (c) the municipality or the municipality's affiliated governmental entity owns or
374 creates; and
375 (d) (i) either:
376 (A) no person uses or occupies; or
377 (B) the municipality or the municipality's affiliated governmental entity uses and
378 occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
379 water, or communications or data lines; or
380 (ii) a person uses or occupies with or without an authorized franchise or other
381 agreement with the municipality.
382 [
383 for time spent and expenses incurred in:
384 (a) verifying that building plans are identical plans; and
385 (b) reviewing and approving those minor aspects of identical plans that differ from the
386 previously reviewed and approved building plans.
387 [
388 (a) legally existed before its current land use designation; and
389 (b) because of one or more subsequent land use ordinance changes, does not conform
390 to the setback, height restrictions, or other regulations, excluding those regulations, which
391 govern the use of land.
392 [
393 (a) legally existed before its current land use designation;
394 (b) has been maintained continuously since the time the land use ordinance governing
395 the land changed; and
396 (c) because of one or more subsequent land use ordinance changes, does not conform
397 to the regulations that now govern the use of the land.
398 [
399 a county recorder's office that:
400 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
401 highways and other transportation facilities;
402 (b) provides a basis for restricting development in designated rights-of-way or between
403 designated setbacks to allow the government authorities time to purchase or otherwise reserve
404 the land; and
405 (c) has been adopted as an element of the municipality's general plan.
406 (41) "Parcel" means any real property that is not a lot created by and shown on a
407 subdivision plat recorded in the office of the county recorder.
408 [
409 owners of adjoining [
410 or by a boundary line agreement in accordance with Section 57-1-45, if[
411 parcel is created[
412 [
413
414 (ii) the adjustment is to the boundaries of a single person's parcels.
415 (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
416 line that:
417 (i) creates an additional parcel; or
418 (ii) constitutes a subdivision.
419 [
420 association, trust, governmental agency, or any other legal entity.
421 [
422 a city legislative body that includes:
423 (a) an estimate of the existing supply of moderate income housing located within the
424 city;
425 (b) an estimate of the need for moderate income housing in the city for the next five
426 years as revised biennially;
427 (c) a survey of total residential land use;
428 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
429 income housing; and
430 (e) a description of the city's program to encourage an adequate supply of moderate
431 income housing.
432 [
433
434 with Section 10-9a-603[
435 [
436 (a) is designated by a Utah Geological Survey map, county geologist map, or other
437 relevant map or report as needing further study to determine the area's potential for geologic
438 hazard; or
439 (b) has not been studied by the Utah Geological Survey or a county geologist but
440 presents the potential of geologic hazard because the area has characteristics similar to those of
441 a designated geologic hazard area.
442 [
443 (a) the federal government;
444 (b) the state;
445 (c) a county, municipality, school district, local district, special service district, or other
446 political subdivision of the state; or
447 (d) a charter school.
448 [
449 provided a reasonable opportunity to comment on the subject of the hearing.
450 [
451 under Title 52, Chapter 4, Open and Public Meetings Act.
452 (50) "Public street" means a public right-of-way, including a public highway, public
453 avenue, public boulevard, public parkway, public road, public lane, public trail or walk, public
454 alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public
455 transportation easement, or other public way.
456 [
457 designates, by ordinance, as an area in which an owner of land may receive a transferable
458 development right.
459 [
460 accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
461 [
462 (a) in which more than one person with a disability resides; and
463 (b) (i) which is licensed or certified by the Department of Human Services under Title
464 62A, Chapter 2, Licensure of Programs and Facilities; or
465 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
466 21, Health Care Facility Licensing and Inspection Act.
467 [
468 prescribe in a public meeting:
469 (a) parliamentary order and procedure;
470 (b) ethical behavior; and
471 (c) civil discourse.
472 [
473 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
474 wastewater systems.
475 [
476 designates, by ordinance, as an area from which an owner of land may transfer a transferable
477 development right.
478 [
479 (a) the state;
480 (b) a school district; or
481 (c) a charter school.
482 [
483 or telephone corporation, as those terms are defined in Section 54-2-1.
484 [
485 [
486
487
488 (60) "Subdivided land" means the land, tract, or lot described in a recorded subdivision
489 plat.
490 [
491 to be divided into two or more lots[
492 purpose, whether immediate or future, for offer, sale, lease, or development either on the
493 installment plan or upon any and all other plans, terms, and conditions.
494 (b) "Subdivision" includes:
495 (i) the division or development of land whether by deed, metes and bounds description,
496 devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
497 includes all or a portion of a parcel or lot; and
498 (ii) except as provided in Subsection [
499 nonresidential uses, including land used or to be used for commercial, agricultural, and
500 industrial purposes.
501 (c) "Subdivision" does not include:
502 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
503 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
504 neither the resulting combined parcel nor the parcel remaining from the division or partition
505 violates an applicable land use ordinance;
506 (ii) [
507 owners of adjoining unsubdivided properties adjusting [
508 boundary line agreement in accordance with Section 57-1-45 if:
509 (A) no new lot is created; and
510 (B) the adjustment does not violate applicable land use ordinances;
511 (iii) a recorded document, executed by the owner of record:
512 (A) revising the legal description of more than one contiguous [
513 property that is not subdivided land into one legal description encompassing all such parcels of
514 property; or
515 (B) joining a subdivided parcel of property to another parcel of property that has not
516 been subdivided, if the joinder does not violate applicable land use ordinances;
517 (iv) [
518 adjusting [
519 (A) no new dwelling lot or housing unit will result from the adjustment; and
520 (B) the adjustment will not violate any applicable land use ordinance;
521 (v) a bona fide division or partition of land by deed or other instrument where the land
522 use authority expressly approves in writing the division in anticipation of further land use
523 approvals on the parcel or parcels; [
524 (vi) a parcel boundary adjustment[
525 (vii) a lot line adjustment;
526 (viii) a road, street, or highway dedication plat; or
527 (ix) a deed or easement for a road, street, or highway purpose.
528 (d) The joining of a subdivided parcel of property to another parcel of property that has
529 not been subdivided does not constitute a subdivision under this Subsection (57) as to the
530 unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
531 subdivision ordinance.
532 [
533 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
534 3% swell potential;
535 (b) bedrock units with high shrink or swell susceptibility; or
536 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
537 commonly associated with dissolution and collapse features.
538 [
539 (a) for four or more individuals who are not related to:
540 (i) the owner of the facility; or
541 (ii) the primary service provider of the facility;
542 (b) that serves students who have a history of failing to function:
543 (i) at home;
544 (ii) in a public school; or
545 (iii) in a nonresidential private school; and
546 (c) that offers:
547 (i) room and board; and
548 (ii) an academic education integrated with:
549 (A) specialized structure and supervision; or
550 (B) services or treatment related to a disability, an emotional development, a
551 behavioral development, a familial development, or a social development.
552 [
553 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
554 land use rights from a designated sending zone to a designated receiving zone.
555 [
556 or town.
557 [
558 (a) each of the rights listed in Section 73-1-11; and
559 (b) an ownership interest in the right to the beneficial use of water represented by:
560 (i) a contract; or
561 (ii) a share in a water company, as defined in Section 73-3-3.5.
562 [
563 depicts land use zones, overlays, or districts.
564 Section 3. Section 10-9a-104 is amended to read:
565 10-9a-104. Municipal standards.
566 (1) [
567
568 This chapter does not prohibit a municipality from adopting the municipality's own land use
569 standards.
570 (2) [
571 regulation, condition, or standard that conflicts with a provision of this chapter, other state law,
572 or federal law.
573 Section 4. Section 10-9a-208 is amended to read:
574 10-9a-208. Hearing and notice for petition to vacate a public street.
575 (1) For any [
576 or municipality utility easement[
577 (a) hold a public hearing; and
578 (b) give notice of the date, place, and time of the hearing, as provided in Subsection
579 (2).
580 (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
581 body shall ensure that the notice required under Subsection (1)(b) [
582 (a) mailed to the record owner of each parcel that is accessed by the public street[
583
584 (b) mailed to each affected entity;
585 (c) posted on or near the public street[
586 manner that is calculated to alert the public; and
587 (d) (i) published [
588 municipality in which the land subject to the petition is located until the public hearing
589 concludes; and
590 (ii) published on the Utah Public Notice Website created in Section 63F-1-701.
591 Section 5. Section 10-9a-302 is amended to read:
592 10-9a-302. Planning commission powers and duties.
593 (1) The planning commission shall make a recommendation to the legislative body for:
594 [
595 [
596 [
597 authority to hear and act on a land use application;
598 [
599 act on an appeal from a decision of the land use authority; and
600 [
601 [
602 and proper notice, will receive informal streamlined review and action if the application is
603 uncontested; and
604 [
605 [
606 a land use authority;
607 [
608 a land use authority's decision to a separate appeal authority; and
609 [
610 (2) Nothing in this section limits the right of a municipality to initiate or propose the
611 actions described in this section.
612 Section 6. Section 10-9a-501 is amended to read:
613 10-9a-501. Enactment of land use regulation.
614 (1) Only a legislative body, as the body authorized to weigh policy considerations, may
615 enact a land use regulation.
616 (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
617 regulation only by ordinance.
618 (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
619 imposes a fee.
620 (3) A legislative body shall ensure that a land use regulation [
621 with the purposes set forth in this chapter.
622 (4) (a) A legislative body shall adopt a land use regulation to:
623 (i) create or amend a zoning district under Subsection 10-9a-503(1)(a); and
624 (ii) designate general uses allowed in each zoning district.
625 (b) A land use authority may establish or modify other restrictions or requirements
626 other than those described in Subsection (4)(a), including the configuration or modification of
627 uses or density, through a land use decision that applies criteria or policy elements that a land
628 use regulation establishes or describes.
629 Section 7. Section 10-9a-502 is amended to read:
630 10-9a-502. Preparation and adoption of land use regulation.
631 (1) [
632 (a) provide notice as required by Subsection 10-9a-205(1)(a) and, if applicable,
633 Subsection 10-9a-205(4);
634 (b) hold a public hearing on a proposed land use regulation;
635 (c) if applicable, consider each written objection filed in accordance with Subsection
636 10-9a-205(4) prior to the public hearing; and
637 (d) (i) [
638 regulation that represents the planning commission's recommendation for regulating the use
639 and development of land within all or any part of the area of the municipality; and
640 (ii) forward to the legislative body all objections filed in accordance with Subsection
641 10-9a-205(4).
642 (2) (a) [
643 [
644 recommends to the legislative body.
645 (b) After providing notice as required by Subsection 10-9a-205(1)(b) and holding a
646 public meeting, the legislative body may adopt or reject the land use regulation [
647 described in Subsection (2)(a):
648 (i) as proposed by the planning commission; or
649 (ii) after making any revision the legislative body considers appropriate.
650 (c) A legislative body may consider a planning commission's failure to make a timely
651 recommendation as a negative recommendation if the legislative body has provided for that
652 consideration by ordinance.
653 Section 8. Section 10-9a-503 is amended to read:
654 10-9a-503. Land use ordinance or zoning map amendments -- Historic district or
655 area.
656 (1) Only a legislative body may amend:
657 (a) the number, shape, boundaries, [
658 (b) any regulation of or within the zoning district; or
659 (c) any other provision of a land use regulation.
660 (2) [
661 unless the legislative body first submits the amendment [
662
663 commission's recommendation.
664 (3) [
665 10-9a-502 in preparing and adopting an amendment to a land use regulation.
666 (4) (a) As used in this Subsection (4):
667 (i) "Citizen-led process" means a process established by a municipality to create a local
668 historic district or area that requires:
669 (A) a petition signed by a minimum number of property owners within the boundaries
670 of the proposed local historic district or area; or
671 (B) a vote of the property owners within the boundaries of the proposed local historic
672 district or area.
673 (ii) "Condominium project" means the same as that term is defined in Section 57-8-3.
674 (iii) "Unit" means the same as that term is defined in Section 57-8-3.
675 (b) If a municipality provides a citizen-led process, the process shall require that:
676 (i) more than 33% of the property owners within the boundaries of the proposed local
677 historic district or area agree in writing to the creation of the proposed local historic district or
678 area;
679 (ii) before any property owner agrees to the creation of a proposed local historic district
680 or area under Subsection (4)(b)(i), the municipality prepare and distribute, to each property
681 owner within the boundaries of the proposed local historic district or area, a neutral
682 information pamphlet that:
683 (A) describes the process to create a local historic district or area; and
684 (B) lists the pros and cons of a local historic district or area;
685 (iii) after the property owners satisfy the requirement described in Subsection (4)(b)(i),
686 for each parcel or, if the parcel contains a condominium project, each unit, within the
687 boundaries of the proposed local historic district or area, the municipality provide:
688 (A) a second copy of the neutral information pamphlet described in Subsection
689 (4)(b)(ii); and
690 (B) one public support ballot that, subject to Subsection (4)(c), allows the owner or
691 owners of record to vote in favor of or against the creation of the proposed local historic district
692 or area;
693 (iv) in a vote described in Subsection (4)(b)(iii)(B), the returned public support ballots
694 that reflect a vote in favor of the creation of the proposed local historic district or area:
695 (A) equal at least two-thirds of the returned public support ballots; and
696 (B) represent more than 50% of the parcels and units within the proposed local historic
697 district or area;
698 (v) if a local historic district or area proposal fails in a vote described in Subsection
699 (4)(b)(iii)(B), the legislative body may override the vote and create the proposed local historic
700 district or area with an affirmative vote of two-thirds of the members of the legislative body;
701 and
702 (vi) if a local historic district or area proposal fails in a vote described in Subsection
703 (4)(b)(iii)(B) and the legislative body does not override the vote under Subsection (4)(b)(v), a
704 resident may not initiate the creation of a local historic district or area that includes more than
705 50% of the same property as the failed local historic district or area proposal for four years after
706 the day on which the public support ballots for the vote are due.
707 (c) In a vote described in Subsection (4)(b)(iii)(B):
708 (i) a property owner is eligible to vote regardless of whether the property owner is an
709 individual, a private entity, or a public entity;
710 (ii) the municipality shall count no more than one public support ballot for:
711 (A) each parcel within the boundaries of the proposed local historic district or area; or
712 (B) if the parcel contains a condominium project, each unit within the boundaries of
713 the proposed local historic district or area; and
714 (iii) if a parcel or unit has more than one owner of record, the municipality shall count
715 a public support ballot for the parcel or unit only if the public support ballot reflects the vote of
716 the property owners who own at least a 50% interest in the parcel or unit.
717 (d) The requirements described in Subsection (4)(b)(iv) apply to the creation of a local
718 historic district or area that is:
719 (i) initiated in accordance with a municipal process described in Subsection (4)(b); and
720 (ii) not complete on or before January 1, 2016.
721 (e) A vote described in Subsection (4)(b)(iii)(B) is not subject to Title 20A, Election
722 Code.
723 Section 9. Section 10-9a-507 is amended to read:
724 10-9a-507. Conditional uses.
725 (1) (a) A municipality may adopt a land use ordinance that includes conditional uses
726 and provisions for conditional uses that require compliance with standards set forth in an
727 applicable ordinance.
728 (b) A municipality may not impose a requirement or standard on a conditional use that
729 conflicts with a provision of this chapter or other state or federal law.
730 (2) (a) (i) A land use authority shall approve a conditional use if reasonable conditions
731 are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of
732 the proposed use in accordance with applicable standards.
733 (ii) The requirement described in Subsection (2)(a)(i) to reasonably mitigate
734 anticipated detrimental effects of the proposed conditional use does not require elimination of
735 the detrimental effects.
736 (b) If a land use authority proposes reasonable conditions on a proposed conditional
737 use, the land use authority shall ensure that the conditions are stated on the record and
738 reasonably relate to mitigating the anticipated detrimental effects of the proposed use.
739 (c) If the reasonably anticipated detrimental effects of a proposed conditional use
740 cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to
741 achieve compliance with applicable standards, the land use authority may deny the conditional
742 use.
743 (3) A land use authority's decision to approve or deny conditional use is an
744 administrative land use decision.
745 (4) A legislative body shall classify any use that a land use regulation allows in a
746 zoning district as either a permitted or conditional use under this chapter.
747 Section 10. Section 10-9a-509 is amended to read:
748 10-9a-509. Applicant's entitlement to land use application approval --
749 Municipality's requirements and limitations -- Vesting upon submission of development
750 plan and schedule.
751 (1) (a) (i) An applicant who has submitted a complete land use application as described
752 in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
753 review of the application under the land use regulations:
754 (A) in effect on the date that the application is complete; and
755 (B) applicable to the application or to the information shown on the application.
756 (ii) An applicant is entitled to approval of a land use application if the application
757 conforms to the requirements of the applicable land use regulations, land use decisions, and
758 development standards in effect when the applicant submits a complete application and pays
759 application fees, unless:
760 (A) the land use authority, on the record, formally finds that a compelling,
761 countervailing public interest would be jeopardized by approving the application and specifies
762 the compelling, countervailing public interest in writing; or
763 (B) in the manner provided by local ordinance and before the applicant submits the
764 application, the municipality formally initiates proceedings to amend the municipality's land
765 use regulations in a manner that would prohibit approval of the application as submitted.
766 (b) The municipality shall process an application without regard to proceedings the
767 municipality initiated to amend the municipality's ordinances as described in Subsection
768 (1)(a)(ii)(B) if:
769 (i) 180 days have passed since the municipality initiated the proceedings; and
770 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
771 application as submitted.
772 (c) A land use application is considered submitted and complete when the applicant
773 provides the application in a form that complies with the requirements of applicable ordinances
774 and pays all applicable fees.
775 (d) The continuing validity of an approval of a land use application is conditioned upon
776 the applicant proceeding after approval to implement the approval with reasonable diligence.
777 (e) A municipality may not impose on an applicant who has submitted a complete
778 application [
779 (i) this chapter;
780 (ii) a municipal ordinance; or
781 (iii) a municipal specification for public improvements applicable to a subdivision or
782 development that is in effect on the date that the applicant submits an application.
783 (f) A municipality may not impose on a holder of an issued land use permit or a final,
784 unexpired subdivision plat a requirement that is not expressed:
785 (i) in a land use permit;
786 (ii) on the subdivision plat;
787 (iii) in a document on which the land use permit or subdivision plat is based;
788 (iv) in the written record evidencing approval of the land use permit or subdivision
789 plat;
790 (v) in this chapter; or
791 (vi) in a municipal ordinance.
792 (g) [
793 issuance of a certificate of occupancy or acceptance of subdivision improvements because of an
794 applicant's failure to comply with a requirement that is not expressed:
795 (i) in the building permit or subdivision plat, documents on which the building permit
796 or subdivision plat is based, or the written record evidencing approval of the land use permit or
797 subdivision plat; or
798 (ii) in this chapter or the municipality's ordinances.
799 (h) A municipality may not unreasonably withhold issuance of a certificate of
800 occupancy where an applicant has met all requirements essential for the public health, public
801 safety, and general welfare of the occupants, in accordance with this chapter, unless:
802 (i) the applicant and the municipality have agreed in a written document to the
803 withholding of a certificate of occupancy; or
804 (ii) the applicant has not provided a financial assurance for required and uncompleted
805 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
806 legislative body adopts under this chapter.
807 (2) A municipality is bound by the terms and standards of applicable land use
808 regulations and shall comply with mandatory provisions of those regulations.
809 (3) A municipality may not, as a condition of land use application approval, require a
810 person filing a land use application to obtain documentation regarding a school district's
811 willingness, capacity, or ability to serve the development proposed in the land use application.
812 (4) Upon a specified public agency's submission of a development plan and schedule as
813 required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
814 specified public agency vests in the municipality's applicable land use maps, zoning map,
815 hookup fees, impact fees, other applicable development fees, and land use regulations in effect
816 on the date of submission.
817 Section 11. Section 10-9a-509.5 is amended to read:
818 10-9a-509.5. Review for application completeness -- Substantive application
819 review -- Reasonable diligence required for determination of whether improvements or
820 warranty work meets standards -- Money damages claim prohibited.
821 (1) (a) Each municipality shall, in a timely manner, determine whether [
822 application is complete for the purposes of subsequent, substantive land use authority review.
823 (b) After a reasonable period of time to allow the municipality diligently to evaluate
824 whether all objective ordinance-based application criteria have been met, if application fees
825 have been paid, the applicant may in writing request that the municipality provide a written
826 determination either that the application is:
827 (i) complete for the purposes of allowing subsequent, substantive land use authority
828 review; or
829 (ii) deficient with respect to a specific, objective, ordinance-based application
830 requirement.
831 (c) Within 30 days of receipt of an applicant's request under this section, the
832 municipality shall either:
833 (i) mail a written notice to the applicant advising that the application is deficient with
834 respect to a specified, objective, ordinance-based criterion, and stating that the application shall
835 be supplemented by specific additional information identified in the notice; or
836 (ii) accept the application as complete for the purposes of further substantive
837 processing by the land use authority.
838 (d) If the notice required by Subsection (1)(c)(i) is not timely mailed, the application
839 shall be considered complete, for purposes of further substantive land use authority review.
840 (e) (i) The applicant may raise and resolve in a single appeal any determination made
841 under this Subsection (1) to the appeal authority, including an allegation that a reasonable
842 period of time has elapsed under Subsection (1)(a).
843 (ii) The appeal authority shall issue a written decision for any appeal requested under
844 this Subsection (1)(e).
845 (f) (i) The applicant may appeal to district court the decision of the appeal authority
846 made under Subsection (1)(e).
847 (ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of
848 the written decision.
849 (2) (a) Each land use authority shall substantively review a complete application and an
850 application considered complete under Subsection (1)(d), and shall approve or deny each
851 application with reasonable diligence, subject to the time limit under Subsection
852 11-58-402.5(2) for an inland port use application, as defined in Section 11-58-401.
853 (b) After a reasonable period of time to allow the land use authority to consider an
854 application, the applicant may in writing request that the land use authority take final action
855 within 45 days from date of service of the written request.
856 (c) Within 45 days from the date of service of the written request described in
857 Subsection (2)(b):
858 (i) [
859 final action, approving or denying the application [
860 (ii) if a landowner petitions for a land use regulation, a legislative body shall take final
861 action by approving or denying the petition.
862 (d) If the land use authority denies an application processed under the mandates of
863 Subsection (2)(b), or if the applicant has requested a written decision in the application, the
864 land use authority shall include its reasons for denial in writing, on the record, which may
865 include the official minutes of the meeting in which the decision was rendered.
866 (e) If the land use authority fails to comply with Subsection (2)(c), the applicant may
867 appeal this failure to district court within 30 days of the date on which the land use authority is
868 required to take final action under Subsection (2)(c).
869 (3) (a) With reasonable diligence, each land use authority shall determine whether the
870 installation of required subdivision improvements or the performance of warranty work meets
871 the municipality's adopted standards.
872 (b) (i) An applicant may in writing request the land use authority to accept or reject the
873 applicant's installation of required subdivision improvements or performance of warranty work.
874 (ii) The land use authority shall accept or reject subdivision improvements within 15
875 days after receiving an applicant's written request under Subsection (3)(b)(i), or as soon as
876 practicable after that 15-day period if inspection of the subdivision improvements is impeded
877 by winter weather conditions.
878 (iii) The land use authority shall accept or reject the performance of warranty work
879 within 45 days after receiving an applicant's written request under Subsection (3)(b)(i), or as
880 soon as practicable after that 45-day period if inspection of the warranty work is impeded by
881 winter weather conditions.
882 (c) If a land use authority determines that the installation of required subdivision
883 improvements or the performance of warranty work does not meet the municipality's adopted
884 standards, the land use authority shall comprehensively and with specificity list the reasons for
885 [
886 (4) Subject to Section 10-9a-509, nothing in this section and no action or inaction of
887 the land use authority relieves an applicant's duty to comply with all applicable substantive
888 ordinances and regulations.
889 (5) There shall be no money damages remedy arising from a claim under this section.
890 Section 12. Section 10-9a-601 is amended to read:
891 10-9a-601. Enactment of subdivision ordinance.
892 (1) The legislative body of a municipality may enact ordinances requiring that a
893 subdivision plat comply with the provisions of the [
894 this part before:
895 (a) [
896 office; and
897 (b) lots may be sold.
898 (2) If the legislative body fails to enact a subdivision ordinance, the municipality may
899 regulate subdivisions only to the extent provided in this part.
900 Section 13. Section 10-9a-602 is amended to read:
901 10-9a-602. Planning commission preparation and recommendation of subdivision
902 ordinance -- Adoption or rejection by legislative body.
903 (1) [
904 (a) [
905 body on any proposed ordinance [
906 in the municipality;
907 (b) [
908 recommendation to the legislative body on any proposed ordinance that amends the regulation
909 of the subdivision of the land in the municipality;
910 (c) provide notice consistent with Section 10-9a-205; and
911 (d) hold a public hearing on the proposed ordinance before making [
912 commission's final recommendation to the legislative body.
913 (2) (a) [
914 ordinance [
915
916 (b) A legislative body may consider a planning commission's failure to make a timely
917 recommendation as a negative recommendation if the legislative body has provided for that
918 consideration by ordinance.
919 Section 14. Section 10-9a-603 is amended to read:
920 10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
921 acknowledgment, surveyor certification, and underground utility facility owner
922 verification of plat -- Recording plat.
923 (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
924 subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
925 the land shall provide an accurate plat that describes or specifies:
926 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
927 the county recorder's office;
928 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
929 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
930 intended to be used as a street or for any other public use, and whether any such area is
931 reserved or proposed for dedication for a public purpose;
932 (c) the lot or unit reference, block or building reference, street or site address, street
933 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
934 and width of the blocks and lots intended for sale; and
935 (d) every existing right-of-way and easement grant of record for an underground
936 facility, as defined in Section 54-8a-2, and for any other utility facility.
937 (2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the municipality's
938 ordinances and this part and has been approved by the culinary water authority, the sanitary
939 sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
940 health department and the municipality consider the local health department's approval
941 necessary, the municipality shall approve the plat.
942 (b) Municipalities are encouraged to receive a recommendation from the fire authority
943 before approving a plat.
944 (c) A municipality may not require that a plat be approved or signed by a person or
945 entity who:
946 (i) is not an employee or agent of the municipality; or
947 (ii) does not:
948 (A) have a legal or equitable interest in the property within the proposed subdivision;
949 (B) provide a utility or other service directly to a lot within the subdivision;
950 (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
951 for the purpose of confirming the accuracy of the location of the easement or right-of-way in
952 relation to the plat; or
953 (D) provide culinary public water service whose source protection zone designated as
954 provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
955 (d) For a subdivision application that includes land located within a notification zone,
956 as determined under Subsection [
957 (i) within 20 days after the day on which a complete subdivision application is filed,
958 provide written notice of the application to the canal owner or associated canal operator contact
959 described in:
960 (A) Section 10-9a-211;
961 (B) Subsection 73-5-7(2); or
962 (C) Subsection (4)(c); and
963 (ii) wait to approve or reject the subdivision application for at least 20 days after the
964 day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
965 to receive input from the canal owner or associated canal operator, including input regarding:
966 (A) access to the canal;
967 (B) maintenance of the canal;
968 (C) canal protection; and
969 (D) canal safety.
970 (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
971 [
972 to a canal owner or associated canal operator if:
973 (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
974 (ii) the centerline alignment is available to the land use authority:
975 (A) from information provided by the canal company under Section 10-9a-211, using
976 mapping-grade global positioning satellite units or digitized data from the most recent aerial
977 photo available to the canal owner or associated canal operator;
978 (B) using the state engineer's inventory of canals under Section 73-5-7; or
979 (C) from information provided by a surveyor under Subsection (4)(c).
980 (3) The municipality may withhold an otherwise valid plat approval until the owner of
981 the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
982 penalties owing on the land have been paid.
983 (4) (a) A [
984 record a plat unless:
985 (i) prior to recordation, the municipality has approved and signed the plat;
986 (ii) each owner of record of land described on the plat has signed the owner's
987 dedication as shown on the plat; and
988 [
989 acknowledged as provided by law.
990 (b) The surveyor making the plat shall certify that the surveyor:
991 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
992 Professional Land Surveyors Licensing Act;
993 (ii) has completed a survey of the property described on the plat in accordance with
994 Section 17-23-17 and has verified all measurements; and
995 (iii) has placed monuments as represented on the plat.
996 (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
997 an existing or proposed underground facility or utility facility within the proposed subdivision,
998 or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
999 depiction of the:
1000 (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
1001 public or private easement, or grants of record;
1002 (B) location of an existing underground facility and utility facility; and
1003 (C) physical restrictions governing the location of the underground facility and utility
1004 facility within the subdivision.
1005 (ii) The cooperation of an owner or operator under Subsection (4)(c)(i):
1006 (A) indicates only that the plat approximates the location of the existing underground
1007 and utility facilities but does not warrant or verify their precise location; and
1008 (B) does not affect a right that the owner or operator has under[
1009 8a, Damage to Underground Utility Facilities[
1010
1011 (5) (a) [
1012 acknowledged, certified, and approved, the [
1013 plat shall, within the time period and manner designated by ordinance, record the plat in the
1014 county recorder's office in the county in which the lands platted and laid out are situated.
1015 (b) [
1016 ordinance renders the plat voidable.
1017 Section 15. Section 10-9a-604.5 is amended to read:
1018 10-9a-604.5. Subdivision plat recording or development activity before required
1019 infrastructure is completed -- Improvement completion assurance -- Improvement
1020 warranty.
1021 (1) A land use authority shall establish objective inspection standards for acceptance of
1022 a landscaping or infrastructure improvement that the land use authority requires.
1023 (2) (a) Before an applicant conducts any development activity or records a plat, the
1024 applicant shall:
1025 (i) complete any required landscaping or infrastructure improvements; or
1026 (ii) post an improvement completion assurance for any required landscaping or
1027 infrastructure improvements.
1028 (b) If an applicant elects to post an improvement completion assurance, the applicant
1029 shall [
1030 (i) [
1031 improvements; or
1032 (ii) if the municipality has inspected and accepted a portion of the landscaping or
1033 infrastructure improvements, [
1034 unaccepted landscaping or infrastructure improvements.
1035 (c) A municipality shall:
1036 (i) establish a minimum of two acceptable forms of completion assurance;
1037 [
1038 applicant to post an assurance that meets the conditions of this title, and any local ordinances;
1039 [
1040 assurance as portions of required landscaping or infrastructure improvements are completed
1041 and accepted in accordance with local ordinance; and
1042 [
1043 on the installation of landscaping or infrastructure improvements.
1044 (d) A municipality may not require an applicant to post an improvement completion
1045 assurance for:
1046 (i) landscaping or an infrastructure improvement that the municipality has previously
1047 inspected and accepted[
1048 (ii) infrastructure improvements that are private and not essential or required to meet
1049 the building code, fire code, flood or storm water management provisions, street and access
1050 requirements, or other essential necessary public safety improvements adopted in a land use
1051 regulation; or
1052 (iii) in a municipality where ordinances require all infrastructure improvements within
1053 the area to be private, infrastructure improvements within a development that the municipality
1054 requires to be private.
1055 (3) At any time before a municipality accepts a landscaping or infrastructure
1056 improvement, and for the duration of each improvement warranty period, the municipality may
1057 require the applicant to:
1058 (a) execute an improvement warranty for the improvement warranty period; and
1059 (b) post a cash deposit, surety bond, letter of credit, or other similar security, as
1060 required by the municipality, in the amount of up to 10% of the lesser of the:
1061 (i) municipal engineer's original estimated cost of completion; or
1062 (ii) applicant's reasonable proven cost of completion.
1063 (4) When a municipality accepts an improvement completion assurance for
1064 landscaping or infrastructure improvements for a development in accordance with Subsection
1065 (2)(c)[
1066 meets the requirements for the issuance of a building permit under the building code and fire
1067 code.
1068 (5) The provisions of this section do not supersede the terms of a valid development
1069 agreement, an adopted phasing plan, or the state construction code.
1070 Section 16. Section 10-9a-605 is amended to read:
1071 10-9a-605. Exemptions from plat requirement.
1072 (1) Notwithstanding Sections 10-9a-603 and 10-9a-604, [
1073 municipality may establish a process to approve an administrative land use decision for a
1074 subdivision of 10 lots or less without a plat, by certifying in writing that:
1075 (a) the municipality has provided notice as required by ordinance; and
1076 (b) the proposed subdivision:
1077 (i) is not traversed by the mapped lines of a proposed street as shown in the general
1078 plan [
1079 has approved the location and dedication of any public street, municipal utility easement, any
1080 other easement, or any other land for public purposes as the municipality's ordinance requires;
1081 (ii) has been approved by the culinary water authority and the sanitary sewer authority;
1082 (iii) is located in a zoned area; and
1083 (iv) conforms to all applicable land use ordinances or has properly received a variance
1084 from the requirements of an otherwise conflicting and applicable land use ordinance.
1085 (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
1086 land is exempt from the plat requirements of Section 10-9a-603 if the lot or parcel:
1087 (i) qualifies as land in agricultural use under Section 59-2-502;
1088 (ii) meets the minimum size requirement of applicable land use ordinances; and
1089 (iii) is not used and will not be used for any nonagricultural purpose.
1090 (b) The boundaries of each lot or parcel exempted under Subsection (2)(a) shall be
1091 graphically illustrated on a record of survey map that, after receiving the same approvals as are
1092 required for a plat under Section 10-9a-604, shall be recorded with the county recorder.
1093 (c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
1094 purpose, the municipality may require the lot or parcel to comply with the requirements of
1095 Section 10-9a-603.
1096 (3) (a) Documents recorded in the county recorder's office that divide property by a
1097 metes and bounds description do not create an approved subdivision allowed by this part unless
1098 the land use authority's certificate of written approval required by Subsection (1) is attached to
1099 the document.
1100 (b) The absence of the certificate or written approval required by Subsection (1) does
1101 not:
1102 (i) prohibit the county recorder from recording a document; or
1103 (ii) affect the validity of a recorded document.
1104 (c) A document which does not meet the requirements of Subsection (1) may be
1105 corrected by the recording of an affidavit to which the required certificate or written approval is
1106 attached [
1107 Section 17. Section 10-9a-607 is amended to read:
1108 10-9a-607. Dedication by plat of public streets and other public places.
1109 (1) A plat that is signed, dedicated, and acknowledged by each owner of record, and
1110 approved according to the procedures specified in this part, operates, when recorded, as a
1111 dedication of all public streets and other public places, and vests the fee of those parcels of land
1112 in the municipality for the public for the uses named or intended in the plat.
1113 (2) The dedication established by this section does not impose liability upon the
1114 municipality for public streets and other public places that are dedicated in this manner but are
1115 unimproved unless:
1116 (a) adequate financial assurance has been provided in accordance with this chapter; and
1117 (b) the municipality has accepted the dedication.
1118 Section 18. Section 10-9a-608 is amended to read:
1119 10-9a-608. Vacating, altering, or amending a subdivision plat.
1120 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
1121 subdivision that has been laid out and platted as provided in this part may file a written petition
1122 with the land use authority to have some or all of the plat vacated or amended.
1123 (b) If a petition is filed under Subsection (1)(a), the land use authority shall provide
1124 notice of the petition by mail, email, or other effective means to each affected entity that
1125 provides a service to an owner of record of the portion of the plat that is being vacated or
1126 amended at least 10 calendar days before the land use authority may approve the vacation or
1127 amendment of the plat.
1128 (c) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
1129 public hearing within 45 days after the day on which the petition is filed if:
1130 (i) any owner within the plat notifies the municipality of the owner's objection in
1131 writing within 10 days of mailed notification; or
1132 (ii) a public hearing is required because all of the owners in the subdivision have not
1133 signed the revised plat.
1134 (2) Unless a local ordinance provides otherwise, the public hearing requirement of
1135 Subsection (1)(c) does not apply and a land use authority may consider at a public meeting an
1136 owner's petition to vacate or amend a subdivision plat if:
1137 (a) the petition seeks to:
1138 (i) join two or more of the petitioner fee owner's contiguous lots;
1139 (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
1140 result in a violation of a land use ordinance or a development condition;
1141 (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
1142 adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located
1143 in the same subdivision;
1144 (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
1145 imposed by the local political subdivision; or
1146 (v) alter the plat in a manner that does not change existing boundaries or other
1147 attributes of lots within the subdivision that are not:
1148 (A) owned by the petitioner; or
1149 (B) designated as a common area; and
1150 (b) notice has been given to adjacent property owners in accordance with any
1151 applicable local ordinance.
1152 (3) Each request to vacate or amend a plat that contains a request to vacate or amend a
1153 public street[
1154 10-9a-609.5.
1155 (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include:
1156 (a) the name and address of each owner of record of the land contained in the entire
1157 plat or on that portion of the plat described in the petition; and
1158 (b) the signature of each owner described in Subsection (4)(a) who consents to the
1159 petition.
1160 (5) (a) The owners of record of adjacent parcels that are described by either a metes
1161 and bounds description or by a recorded plat may exchange title to portions of those parcels if
1162 the exchange of title is approved by the land use authority in accordance with Subsection
1163 (5)(b).
1164 (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
1165 the exchange of title will not result in a violation of any land use ordinance.
1166 (c) If an exchange of title is approved under Subsection (5)(b):
1167 (i) a notice of approval shall be recorded in the office of the county recorder which:
1168 (A) is executed by each owner included in the exchange and by the land use authority;
1169 (B) contains an acknowledgment for each party executing the notice in accordance with
1170 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
1171 (C) recites the descriptions of both the original parcels and the parcels created by the
1172 exchange of title; and
1173 (ii) a document of conveyance shall be recorded in the office of the county recorder.
1174 (d) A notice of approval recorded under this Subsection (5) does not act as a
1175 conveyance of title to real property and is not required in order to record a document conveying
1176 title to real property.
1177 (6) (a) The name of a recorded subdivision may be changed by recording an amended
1178 plat making that change, as provided in this section and subject to Subsection (6)(c).
1179 (b) The surveyor preparing the amended plat shall certify that the surveyor:
1180 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
1181 Professional Land Surveyors Licensing Act;
1182 (ii) has completed a survey of the property described on the plat in accordance with
1183 Section 17-23-17 and has verified all measurements; and
1184 (iii) has placed monuments as represented on the plat.
1185 (c) An owner of land may not submit for recording an amended plat that gives the
1186 subdivision described in the amended plat the same name as a subdivision in a plat already
1187 recorded in the county recorder's office.
1188 (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
1189 document that purports to change the name of a recorded plat is void.
1190 Section 19. Section 10-9a-609 is amended to read:
1191 10-9a-609. Land use authority approval of vacation or amendment of plat --
1192 Recording the amended plat.
1193 (1) The land use authority may approve the vacation or amendment of a plat by signing
1194 an amended plat showing the vacation or amendment if the land use authority finds that:
1195 (a) there is good cause for the vacation or amendment; and
1196 (b) no public street[
1197 amended.
1198 (2) (a) The land use authority shall ensure that the amended plat showing the vacation
1199 or amendment is recorded in the office of the county recorder in which the land is located.
1200 (b) If the amended plat is approved and recorded in accordance with this section, the
1201 recorded plat shall vacate, supersede, and replace any contrary provision in a previously
1202 recorded plat of the same land.
1203 (3) (a) A legislative body may vacate a subdivision or a portion of a subdivision by
1204 recording in the county recorder's office an ordinance describing the subdivision or the portion
1205 being vacated.
1206 (b) The recorded vacating ordinance shall replace a previously recorded plat described
1207 in the vacating ordinance.
1208 (4) An amended plat may not be submitted to the county recorder for recording unless
1209 it is:
1210 (a) signed by the land use authority; and
1211 (b) signed, acknowledged, and dedicated by each owner of record of the portion of the
1212 plat that is amended.
1213 (5) A management committee may sign and dedicate an amended plat as provided in
1214 Title 57, Chapter 8, Condominium Ownership Act.
1215 (6) A plat may be corrected as provided in Section 57-3-106.
1216 Section 20. Section 10-9a-609.5 is amended to read:
1217 10-9a-609.5. Petition to vacate a public street.
1218 (1) In lieu of vacating some or all of a public street through a plat or amended plat in
1219 accordance with Sections 10-9a-603 through 10-9a-609, a legislative body may approve a
1220 petition to vacate a public street in accordance with this section.
1221 [
1222 utility easement shall include:
1223 (a) the name and address of each owner of record of land that is:
1224 (i) adjacent to the public street[
1225 the two nearest public street intersections; or
1226 (ii) accessed exclusively by or within 300 feet of the public street[
1227 municipal utility easement; [
1228 (b) proof of written notice to operators of utilities located within the bounds of the
1229 public street or municipal utility easement sought to be vacated; and
1230 [
1231 the vacation.
1232 [
1233 street[
1234 hearing in accordance with Section 10-9a-208 and determine whether:
1235 (a) good cause exists for the vacation; and
1236 (b) the public interest or any person will be materially injured by the proposed
1237 vacation.
1238 [
1239 some or all of a public street[
1240 body finds that:
1241 (a) good cause exists for the vacation; and
1242 (b) neither the public interest nor any person will be materially injured by the vacation.
1243 [
1244 street[
1245 or both of the following is recorded in the office of the recorder of the county in which the land
1246 is located:
1247 (a) a plat reflecting the vacation; or
1248 (b) (i) an ordinance described in Subsection [
1249 (ii) a legal description of the public street to be vacated.
1250 [
1251
1252 (a) operates to the extent to which it is vacated, upon the effective date of the recorded
1253 plat or ordinance, as a revocation of the acceptance of and the relinquishment of the
1254 municipality's fee in the vacated public street[
1255 and
1256 (b) may not be construed to impair:
1257 (i) any right-of-way or easement of any lot owner; or
1258 (ii) the [
1259 (7) (a) A municipality may submit a petition, in accordance with Subsection (2), and
1260 initiate and complete a process to vacate some or all of a public street.
1261 (b) If a municipality submits a petition and initiates a process under Subsection (7)(a):
1262 (i) the legislative body shall hold a public hearing;
1263 (ii) the petition and process may not apply to or affect a public utility easement, except
1264 to the extent:
1265 (A) the easement is not a protected utility easement as defined in Section 54-3-27;
1266 (B) the easement is included within the public street; and
1267 (C) the notice to vacate the public street also contains a notice to vacate the easement;
1268 and
1269 (iii) a recorded ordinance to vacate a public street has the same legal effect as vacating
1270 a public street through a recorded plat or amended plat.
1271 Section 21. Section 10-9a-701 is amended to read:
1272 10-9a-701. Appeal authority required -- Condition precedent to judicial review --
1273 Appeal authority duties.
1274 (1) Each municipality adopting a land use ordinance shall, by ordinance, establish one
1275 or more appeal authorities to hear and decide:
1276 (a) requests for variances from the terms of the land use ordinances;
1277 (b) appeals from decisions applying the land use ordinances; and
1278 (c) appeals from a fee charged in accordance with Section 10-9a-510.
1279 (2) As a condition precedent to judicial review, each adversely affected person shall
1280 timely and specifically challenge a land use authority's decision, in accordance with local
1281 ordinance.
1282 (3) An appeal authority:
1283 (a) shall:
1284 (i) act in a quasi-judicial manner; and
1285 (ii) serve as the final arbiter of issues involving the interpretation or application of land
1286 use ordinances, except as provided in Title 11, Chapter 58, Part 4, Appeals to Appeals Panel,
1287 for an appeal of an inland port use appeal decision, as defined in Section 11-58-401; and
1288 (b) may not entertain an appeal of a matter in which the appeal authority, or any
1289 participating member, had first acted as the land use authority.
1290 (4) By ordinance, a municipality may:
1291 (a) designate a separate appeal authority to hear requests for variances than the appeal
1292 authority it designates to hear appeals;
1293 (b) designate one or more separate appeal authorities to hear distinct types of appeals
1294 of land use authority decisions;
1295 (c) require an adversely affected party to present to an appeal authority every theory of
1296 relief that it can raise in district court;
1297 (d) not require an adversely affected party to pursue duplicate or successive appeals
1298 before the same or separate appeal authorities as a condition of the adversely affected party's
1299 duty to exhaust administrative remedies; and
1300 (e) provide that specified types of land use decisions may be appealed directly to the
1301 district court.
1302 (5) If the municipality establishes or, prior to the effective date of this chapter, has
1303 established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
1304 board, body, or panel shall:
1305 (a) notify each of its members of any meeting or hearing of the board, body, or panel;
1306 (b) provide each of its members with the same information and access to municipal
1307 resources as any other member;
1308 (c) convene only if a quorum of its members is present; and
1309 (d) act only upon the vote of a majority of its convened members.
1310 [
1311
1312 [
1313 [
1314 [
1315 [
1316
1317 [
1318
1319 [
1320 [
1321 Section 22. Section 10-9a-707 is amended to read:
1322 10-9a-707. Scope of review of factual matters on appeal -- Appeal authority
1323 requirements.
1324 (1) A municipality may, by ordinance, designate the scope of review of factual matters
1325 for appeals of land use authority decisions.
1326 (2) If the municipality fails to designate a scope of review of factual matters, the appeal
1327 authority shall review the matter de novo, without deference to the land use authority's
1328 determination of factual matters.
1329 (3) If the scope of review of factual matters is on the record, the appeal authority shall
1330 determine whether the record on appeal includes substantial evidence for each essential finding
1331 of fact.
1332 (4) The appeal authority shall:
1333 (a) determine the correctness of the land use authority's interpretation and application
1334 of the plain meaning of the land use regulations; and
1335 (b) interpret and apply a land use regulation to favor a land use application unless the
1336 land use regulation plainly restricts the land use application.
1337 (5) (a) An appeal authority's land use decision is a quasi-judicial act[
1338
1339 (b) A legislative body may act as an appeal authority unless both the legislative body
1340 and the appealing party agree to allow a third party to act as the appeal authority.
1341 (6) Only a decision in which a land use authority has applied a land use regulation to a
1342 particular land use application, person, or parcel may be appealed to an appeal authority.
1343 Section 23. Section 10-9a-801 is amended to read:
1344 10-9a-801. No district court review until administrative remedies exhausted --
1345 Time for filing -- Tolling of time -- Standards governing court review -- Record on review
1346 -- Staying of decision.
1347 (1) No person may challenge in district court a land use decision until that person has
1348 exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
1349 Variances, if applicable.
1350 (2) (a) Any person adversely affected by a final decision made in the exercise of or in
1351 violation of the provisions of this chapter may file a petition for review of the decision with the
1352 district court within 30 days after the decision is final.
1353 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
1354 property owner files a request for arbitration of a constitutional taking issue with the property
1355 rights ombudsman under Section 13-43-204 until 30 days after:
1356 (A) the arbitrator issues a final award; or
1357 (B) the property rights ombudsman issues a written statement under Subsection
1358 13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
1359 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
1360 taking issue that is the subject of the request for arbitration filed with the property rights
1361 ombudsman by a property owner.
1362 (iii) A request for arbitration filed with the property rights ombudsman after the time
1363 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
1364 (3) (a) A court shall:
1365 (i) presume that a land use regulation properly enacted under the authority of this
1366 chapter is valid; and
1367 (ii) determine only whether:
1368 (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
1369 or federal law; and
1370 (B) it is reasonably debatable that the land use regulation is consistent with this
1371 chapter.
1372 (b) A court shall:
1373 (i) presume that a final decision of a land use authority or an appeal authority is valid;
1374 and
1375 (ii) uphold the decision unless the decision is:
1376 (A) arbitrary and capricious; or
1377 (B) illegal.
1378 (c) (i) A decision is arbitrary and capricious if the decision is not supported by
1379 substantial evidence in the record.
1380 (ii) A decision is illegal if the decision is:
1381 (A) based on an incorrect interpretation of a land use regulation; or
1382 (B) contrary to law.
1383 (d) (i) A court may affirm or reverse the decision of a land use authority.
1384 (ii) If the court reverses a land use authority's decision, the court shall remand the
1385 matter to the land use authority with instructions to issue a decision consistent with the court's
1386 ruling.
1387 (4) The provisions of Subsection (2)(a) apply from the date on which the municipality
1388 takes final action on a land use application for any adversely affected third party, if the
1389 municipality conformed with the notice provisions of Part 2, Notice, or for any person who had
1390 actual notice of the pending decision.
1391 (5) If the municipality has complied with Section 10-9a-205, a challenge to the
1392 enactment of a land use regulation or general plan may not be filed with the district court more
1393 than 30 days after the enactment.
1394 (6) A challenge to a land use decision is barred unless the challenge is filed within 30
1395 days after the land use decision is final.
1396 (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
1397 the reviewing court the record of its proceedings, including its minutes, findings, orders, and, if
1398 available, a true and correct transcript of its proceedings.
1399 (b) If the proceeding was recorded, a transcript of that recording is a true and correct
1400 transcript for purposes of this Subsection (7).
1401 (8) (a) (i) If there is a record, the district court's review is limited to the record provided
1402 by the land use authority or appeal authority, as the case may be.
1403 (ii) The court may not accept or consider any evidence outside the record of the land
1404 use authority or appeal authority, as the case may be, unless that evidence was offered to the
1405 land use authority or appeal authority, respectively, and the court determines that it was
1406 improperly excluded.
1407 (b) If there is no record, the court may call witnesses and take evidence.
1408 (9) (a) The filing of a petition does not stay the decision of the land use authority or
1409 authority appeal authority, as the case may be.
1410 (b) (i) Before filing a petition under this section or a request for mediation or
1411 arbitration of a constitutional taking issue under Section 13-43-204, the aggrieved party may
1412 petition the appeal authority to stay its decision.
1413 (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
1414 pending district court review if the appeal authority finds it to be in the best interest of the
1415 municipality.
1416 (iii) After a petition is filed under this section or a request for mediation or arbitration
1417 of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
1418 injunction staying the appeal authority's decision.
1419 (10) If the court determines that a party initiated or pursued a challenge to the decision
1420 on a land use application in bad faith, the court may award attorney fees.
1421 Section 24. Section 10-9a-802 is amended to read:
1422 10-9a-802. Enforcement.
1423 (1) (a) A municipality or any adversely affected owner of real estate within the
1424 municipality in which violations of this chapter or ordinances enacted under the authority of
1425 this chapter occur or are about to occur may, in addition to other remedies provided by law,
1426 institute:
1427 (i) injunctions, mandamus, abatement, or any other appropriate actions; or
1428 (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
1429 (b) A municipality need only establish the violation to obtain the injunction.
1430 (2) (a) A municipality may enforce the municipality's ordinance by withholding a
1431 building permit.
1432 (b) It is an infraction to erect, construct, reconstruct, alter, or change the use of any
1433 building or other structure within a municipality without approval of a building permit.
1434 (c) A municipality may not issue a building permit unless the plans of and for the
1435 proposed erection, construction, reconstruction, alteration, or use fully conform to all
1436 regulations then in effect.
1437 (d) A municipality may not deny an applicant a building permit or certificate of
1438 occupancy because the applicant has not completed an infrastructure improvement:
1439 (i) that is not essential to meet the requirements for the issuance of a building permit or
1440 certificate of occupancy under the building code and fire code; and
1441 (ii) for which the municipality has accepted an improvement completion assurance for
1442 landscaping or infrastructure improvements for the development.
1443 Section 25. Section 17-27a-102 is amended to read:
1444 17-27a-102. Purposes -- General land use authority.
1445 (1) (a) The purposes of this chapter are to:
1446 (i) provide for the health, safety, and welfare[
1447 (ii) promote the prosperity[
1448 (iii) improve the morals, peace [
1449 of each county and [
1450 (iv) protect the tax base[
1451 (v) secure economy in governmental expenditures[
1452 (vi) foster the state's agricultural and other industries[
1453 (vii) protect both urban and nonurban development[
1454 (viii) protect and ensure access to sunlight for solar energy devices[
1455 (ix) provide fundamental fairness in land use regulation[
1456 (x) facilitate orderly growth and allow growth in a variety of housing types; and
1457 (xi) protect property values.
1458 (b) To accomplish the purposes of this chapter, [
1459 ordinances, resolutions, and rules and may enter into other forms of land use controls and
1460 development agreements that [
1461 the use and development of land within the unincorporated area of the county or a designated
1462 mountainous planning district, including ordinances, resolutions, rules, restrictive covenants,
1463 easements, and development agreements governing:
1464 (i) uses[
1465 (ii) density[
1466 (iii) open spaces[
1467 (iv) structures[
1468 (v) buildings[
1469 (vi) energy-efficiency[
1470 (vii) light and air[
1471 (viii) air quality[
1472 (ix) transportation and public or alternative transportation[
1473 (x) infrastructure[
1474 (xi) street and building orientation and width requirements[
1475 (xii) public facilities[
1476 (xiii) fundamental fairness in land use regulation[
1477 (xiv) considerations of surrounding land uses [
1478 purposes with a landowner's private property interests[
1479
1480 protections.
1481 (2) Each county shall comply with the mandatory provisions of this part before any
1482 agreement or contract to provide goods, services, or municipal-type services to any storage
1483 facility or transfer facility for high-level nuclear waste, or greater than class C radioactive
1484 waste, may be executed or implemented.
1485 (3) (a) Any ordinance, resolution, or rule enacted by a county pursuant to its authority
1486 under this chapter shall comply with the state's exclusive jurisdiction to regulate oil and gas
1487 activity, as described in Section 40-6-2.5.
1488 (b) A county may enact an ordinance, resolution, or rule that regulates surface activity
1489 incident to an oil and gas activity if the county demonstrates that the regulation:
1490 (i) is necessary for the purposes of this chapter;
1491 (ii) does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and
1492 (iii) does not interfere with the state's exclusive juridisdciton to regulate oil and gas
1493 activity, as described in Section 40-6-2.5.
1494 Section 26. Section 17-27a-103 is amended to read:
1495 17-27a-103. Definitions.
1496 As used in this chapter:
1497 (1) "Affected entity" means a county, municipality, local district, special service
1498 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
1499 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
1500 property owner, property owners association, public utility, or the Utah Department of
1501 Transportation, if:
1502 (a) the entity's services or facilities are likely to require expansion or significant
1503 modification because of an intended use of land;
1504 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
1505 or
1506 (c) the entity has filed with the county a request for notice during the same calendar
1507 year and before the county provides notice to an affected entity in compliance with a
1508 requirement imposed under this chapter.
1509 (2) "Appeal authority" means the person, board, commission, agency, or other body
1510 designated by ordinance to decide an appeal of a decision of a land use application or a
1511 variance.
1512 (3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
1513 residential property if the sign is designed or intended to direct attention to a business, product,
1514 or service that is not sold, offered, or existing on the property where the sign is located.
1515 (4) (a) "Charter school" means:
1516 (i) an operating charter school;
1517 (ii) a charter school applicant that has its application approved by a charter school
1518 authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
1519 (iii) an entity that is working on behalf of a charter school or approved charter
1520 applicant to develop or construct a charter school building.
1521 (b) "Charter school" does not include a therapeutic school.
1522 (5) "Chief executive officer" means the person or body that exercises the executive
1523 powers of the county.
1524 (6) "Conditional use" means a land use that, because of its unique characteristics or
1525 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
1526 compatible in some areas or may be compatible only if certain conditions are required that
1527 mitigate or eliminate the detrimental impacts.
1528 (7) "Constitutional taking" means a governmental action that results in a taking of
1529 private property so that compensation to the owner of the property is required by the:
1530 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1531 (b) Utah Constitution, Article I, Section 22.
1532 (8) "County utility easement" means an easement that:
1533 (a) a plat recorded in a county recorder's office described as a county utility easement
1534 or otherwise as a utility easement;
1535 (b) is not a protected utility easement or a public utility easement as defined in Section
1536 54-3-27;
1537 (c) the county or the county's affiliated governmental entity owns or creates; and
1538 (d) (i) either:
1539 (A) no person uses or occupies; or
1540 (B) the county or the county's affiliated governmental entity uses and occupies to
1541 provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
1542 communications or data lines; or
1543 (ii) a person uses or occupies with or without an authorized franchise or other
1544 agreement with the county.
1545 [
1546 responsibility to review and approve the feasibility of the culinary water system and sources for
1547 the subject property.
1548 [
1549 (a) any construction or expansion of a building, structure, or use that creates additional
1550 demand and need for public facilities;
1551 (b) any change in use of a building or structure that creates additional demand and need
1552 for public facilities; or
1553 (c) any change in the use of land that creates additional demand and need for public
1554 facilities.
1555 [
1556 limits one or more of a person's major life activities, including a person having a record of such
1557 an impairment or being regarded as having such an impairment.
1558 (b) "Disability" does not include current illegal use of, or addiction to, any federally
1559 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1560 802.
1561 [
1562 (a) means:
1563 (i) a school district's building at which pupils assemble to receive instruction in a
1564 program for any combination of grades from preschool through grade 12, including
1565 kindergarten and a program for children with disabilities;
1566 (ii) a structure or facility:
1567 (A) located on the same property as a building described in Subsection [
1568 (12)(a)(i); and
1569 (B) used in support of the use of that building; and
1570 (iii) a building to provide office and related space to a school district's administrative
1571 personnel; and
1572 (b) does not include:
1573 (i) land or a structure, including land or a structure for inventory storage, equipment
1574 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
1575 (A) not located on the same property as a building described in Subsection [
1576 (12)(a)(i); and
1577 (B) used in support of the purposes of a building described in Subsection [
1578 (12)(a)(i); or
1579 (ii) a therapeutic school.
1580 [
1581 responsibility to review and approve the feasibility of fire protection and suppression services
1582 for the subject property.
1583 [
1584 (a) is within the 100-year flood plain designated by the Federal Emergency
1585 Management Agency; or
1586 (b) has not been studied or designated by the Federal Emergency Management Agency
1587 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
1588 the land has characteristics that are similar to those of a 100-year flood plain designated by the
1589 Federal Emergency Management Agency.
1590 [
1591 [
1592 general guidelines for proposed future development of:
1593 (a) the unincorporated land within the county; or
1594 (b) for a mountainous planning district, the land within the mountainous planning
1595 district.
1596 [
1597 (a) a surface fault rupture;
1598 (b) shallow groundwater;
1599 (c) liquefaction;
1600 (d) a landslide;
1601 (e) a debris flow;
1602 (f) unstable soil;
1603 (g) a rock fall; or
1604 (h) any other geologic condition that presents a risk:
1605 (i) to life;
1606 (ii) of substantial loss of real property; or
1607 (iii) of substantial damage to real property.
1608 [
1609 line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
1610 utility system.
1611 [
1612 (a) are clearly marked as "identical plans";
1613 (b) are substantially identical building plans that were previously submitted to and
1614 reviewed and approved by the county; and
1615 (c) describe a building that:
1616 (i) is located on land zoned the same as the land on which the building described in the
1617 previously approved plans is located;
1618 (ii) is subject to the same geological and meteorological conditions and the same law
1619 as the building described in the previously approved plans;
1620 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
1621 and approved by the county; and
1622 (iv) does not require any additional engineering or analysis.
1623 [
1624 36a, Impact Fees Act.
1625 [
1626 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
1627 by a county to guaranty the proper completion of landscaping or an infrastructure improvement
1628 required as a condition precedent to:
1629 (a) recording a subdivision plat; or
1630 (b) development of a commercial, industrial, mixed use, or multifamily project.
1631 [
1632 the applicant's installed and accepted landscaping or infrastructure improvement:
1633 (a) complies with the county's written standards for design, materials, and
1634 workmanship; and
1635 (b) will not fail in any material respect, as a result of poor workmanship or materials,
1636 within the improvement warranty period.
1637 [
1638 (a) no later than one year after a county's acceptance of required landscaping; or
1639 (b) no later than one year after a county's acceptance of required infrastructure, unless
1640 the county:
1641 (i) determines for good cause that a one-year period would be inadequate to protect the
1642 public health, safety, and welfare; and
1643 (ii) has substantial evidence, on record:
1644 (A) of prior poor performance by the applicant; or
1645 (B) that the area upon which the infrastructure will be constructed contains suspect soil
1646 and the county has not otherwise required the applicant to mitigate the suspect soil.
1647 [
1648 essential for the public health and safety or that:
1649 (a) is required for human consumption; and
1650 (b) an applicant must install:
1651 [
1652 specifications for public improvements; and
1653 [
1654 [
1655 (B) obtaining a building permit; or
1656 [
1657 condominium, or multifamily project.
1658 [
1659 platted designation that:
1660 (a) runs with the land; and
1661 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
1662 the plat; or
1663 (ii) designates a development condition that is enclosed within the perimeter of a lot
1664 described on the plat.
1665 [
1666 gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
1667 under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1668 [
1669 gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1670 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1671 [
1672 designee, who submits a land use application regarding the property owner's land.
1673 [
1674 (a) means an application that is:
1675 (i) required by a county; and
1676 (ii) submitted by a land use applicant to obtain a land use decision; and
1677 (b) does not mean an application to enact, amend, or repeal a land use regulation.
1678 [
1679 (a) a person, board, commission, agency, or body, including the local legislative body,
1680 designated by the local legislative body to act upon a land use application; or
1681 (b) if the local legislative body has not designated a person, board, commission,
1682 agency, or body, the local legislative body.
1683 [
1684 authority or appeal authority regarding:
1685 (a) a land use permit;
1686 (b) a land use application; or
1687 (c) the enforcement of a land use regulation, land use permit, or development
1688 agreement.
1689 [
1690 [
1691 (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
1692 specification, fee, or rule that governs the use or development of land;
1693 (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
1694 and
1695 (c) does not include:
1696 (i) a land use decision of the legislative body acting as the land use authority, even if
1697 the decision is expressed in a resolution or ordinance; or
1698 (ii) a temporary revision to an engineering specification that does not materially:
1699 (A) increase a land use applicant's cost of development compared to the existing
1700 specification; or
1701 (B) impact a land use applicant's use of land.
1702 [
1703 has adopted an alternative form of government, the body exercising legislative powers.
1704 [
1705 Government Entities - Local Districts, and any other governmental or quasi-governmental
1706 entity that is not a county, municipality, school district, or the state.
1707 (36) "Lot" means a tract of land, regardless of any label, that is created by and shown
1708 on a subdivision plat that has been recorded in the office of the county recorder.
1709 [
1710 boundary [
1711 are located in the same subdivision, in accordance with Section 17-27a-608, with the consent
1712 of the owners of record.
1713 (b) "Lot line adjustment" does not mean a new boundary line that:
1714 (i) creates an additional lot; or
1715 (ii) constitutes a subdivision.
1716 [
1717 occupancy by households with a gross household income equal to or less than 80% of the
1718 median gross income for households of the same size in the county in which the housing is
1719 located.
1720 [
1721 (a) designated by a county legislative body in accordance with Section 17-27a-901; and
1722 (b) that is not otherwise exempt under Section 10-9a-304.
1723 [
1724 time spent and expenses incurred in:
1725 (a) verifying that building plans are identical plans; and
1726 (b) reviewing and approving those minor aspects of identical plans that differ from the
1727 previously reviewed and approved building plans.
1728 [
1729 (a) legally existed before its current land use designation; and
1730 (b) because of one or more subsequent land use ordinance changes, does not conform
1731 to the setback, height restrictions, or other regulations, excluding those regulations that govern
1732 the use of land.
1733 [
1734 (a) legally existed before its current land use designation;
1735 (b) has been maintained continuously since the time the land use ordinance regulation
1736 governing the land changed; and
1737 (c) because of one or more subsequent land use ordinance changes, does not conform
1738 to the regulations that now govern the use of the land.
1739 [
1740 the county recorder's office that:
1741 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1742 highways and other transportation facilities;
1743 (b) provides a basis for restricting development in designated rights-of-way or between
1744 designated setbacks to allow the government authorities time to purchase or otherwise reserve
1745 the land; and
1746 (c) has been adopted as an element of the county's general plan.
1747 (44) "Parcel" means any real property that is not a lot created by and shown on a
1748 subdivision plat recorded in the office of the county recorder.
1749 [
1750 owners of adjoining [
1751 or by a boundary line agreement in accordance with Section 57-1-45, if[
1752 parcel is created[
1753 [
1754
1755 (ii) the adjustment is to the boundaries of a single person's parcels.
1756 (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
1757 line that:
1758 (i) creates an additional parcel; or
1759 (ii) constitutes a subdivision.
1760 [
1761 association, trust, governmental agency, or any other legal entity.
1762 [
1763 a county legislative body that includes:
1764 (a) an estimate of the existing supply of moderate income housing located within the
1765 county;
1766 (b) an estimate of the need for moderate income housing in the county for the next five
1767 years as revised biennially;
1768 (c) a survey of total residential land use;
1769 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1770 income housing; and
1771 (e) a description of the county's program to encourage an adequate supply of moderate
1772 income housing.
1773 [
1774 portion of the unincorporated area of a county established under this part with planning and
1775 zoning functions as exercised through the planning advisory area planning commission, as
1776 provided in this chapter, but with no legal or political identity separate from the county and no
1777 taxing authority.
1778 [
1779
1780 with Section 17-27a-603[
1781 [
1782 (a) is designated by a Utah Geological Survey map, county geologist map, or other
1783 relevant map or report as needing further study to determine the area's potential for geologic
1784 hazard; or
1785 (b) has not been studied by the Utah Geological Survey or a county geologist but
1786 presents the potential of geologic hazard because the area has characteristics similar to those of
1787 a designated geologic hazard area.
1788 [
1789 (a) the federal government;
1790 (b) the state;
1791 (c) a county, municipality, school district, local district, special service district, or other
1792 political subdivision of the state; or
1793 (d) a charter school.
1794 [
1795 provided a reasonable opportunity to comment on the subject of the hearing.
1796 [
1797 under Title 52, Chapter 4, Open and Public Meetings Act.
1798 (54) "Public street" means a public right-of-way, including a public highway, public
1799 avenue, public boulevard, public parkway, public road, public lane, public trail or walk, public
1800 alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public
1801 transportation easement, or other public way.
1802 [
1803 designates, by ordinance, as an area in which an owner of land may receive a transferable
1804 development right.
1805 [
1806 accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1807 [
1808 (a) in which more than one person with a disability resides; and
1809 (b) (i) which is licensed or certified by the Department of Human Services under Title
1810 62A, Chapter 2, Licensure of Programs and Facilities; or
1811 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
1812 21, Health Care Facility Licensing and Inspection Act.
1813 [
1814 prescribe in a public meeting:
1815 (a) parliamentary order and procedure;
1816 (b) ethical behavior; and
1817 (c) civil discourse.
1818 [
1819 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1820 wastewater systems.
1821 [
1822 designates, by ordinance, as an area from which an owner of land may transfer a transferable
1823 development right.
1824 [
1825 during a preliminary review preceding the issuance of a building permit to demonstrate that an
1826 owner's or developer's proposed development activity meets a land use requirement.
1827 [
1828 (a) the state;
1829 (b) a school district; or
1830 (c) a charter school.
1831 [
1832 or telephone corporation, as those terms are defined in Section 54-2-1.
1833 [
1834 [
1835
1836
1837 (65) "Subdivided land" means the land, tract, or lot described in a recorded subdivision
1838 plat.
1839 [
1840 to be divided into two or more lots[
1841 purpose, whether immediate or future, for offer, sale, lease, or development either on the
1842 installment plan or upon any and all other plans, terms, and conditions.
1843 (b) "Subdivision" includes:
1844 (i) the division or development of land whether by deed, metes and bounds description,
1845 devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
1846 includes all or a portion of a parcel or lot; and
1847 (ii) except as provided in Subsection [
1848 nonresidential uses, including land used or to be used for commercial, agricultural, and
1849 industrial purposes.
1850 (c) "Subdivision" does not include:
1851 (i) a bona fide division or partition of agricultural land for agricultural purposes;
1852 (ii) [
1853 owners of adjoining properties adjusting [
1854 agreement in accordance with Section 57-1-45 if:
1855 (A) no new lot is created; and
1856 (B) the adjustment does not violate applicable land use ordinances;
1857 (iii) a recorded document, executed by the owner of record:
1858 (A) revising the legal description of more than one contiguous [
1859 property that is not subdivided land into one legal description encompassing all such parcels of
1860 property; or
1861 (B) joining a subdivided parcel of property to another parcel of property that has not
1862 been subdivided, if the joinder does not violate applicable land use ordinances;
1863 (iv) a bona fide division or partition of land in a county other than a first class county
1864 for the purpose of siting, on one or more of the resulting separate parcels:
1865 (A) an electrical transmission line or a substation;
1866 (B) a natural gas pipeline or a regulation station; or
1867 (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1868 utility service regeneration, transformation, retransmission, or amplification facility;
1869 (v) [
1870 adjusting [
1871 (A) no new dwelling lot or housing unit will result from the adjustment; and
1872 (B) the adjustment will not violate any applicable land use ordinance;
1873 (vi) a bona fide division or partition of land by deed or other instrument where the land
1874 use authority expressly approves in writing the division in anticipation of further land use
1875 approvals on the parcel or parcels; [
1876 (vii) a parcel boundary adjustment[
1877 (viii) a lot line adjustment;
1878 (ix) a road, street, or highway dedication plat; or
1879 (x) a deed or easement for a road, street, or highway purpose.
1880 (d) The joining of a subdivided parcel of property to another parcel of property that has
1881 not been subdivided does not constitute a subdivision under this Subsection [
1882 the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
1883 subdivision ordinance.
1884 [
1885 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1886 3% swell potential;
1887 (b) bedrock units with high shrink or swell susceptibility; or
1888 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1889 commonly associated with dissolution and collapse features.
1890 [
1891 (a) for four or more individuals who are not related to:
1892 (i) the owner of the facility; or
1893 (ii) the primary service provider of the facility;
1894 (b) that serves students who have a history of failing to function:
1895 (i) at home;
1896 (ii) in a public school; or
1897 (iii) in a nonresidential private school; and
1898 (c) that offers:
1899 (i) room and board; and
1900 (ii) an academic education integrated with:
1901 (A) specialized structure and supervision; or
1902 (B) services or treatment related to a disability, an emotional development, a
1903 behavioral development, a familial development, or a social development.
1904 [
1905 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1906 land use rights from a designated sending zone to a designated receiving zone.
1907 [
1908 municipality.
1909 [
1910 (a) each of the rights listed in Section 73-1-11; and
1911 (b) an ownership interest in the right to the beneficial use of water represented by:
1912 (i) a contract; or
1913 (ii) a share in a water company, as defined in Section 73-3-3.5.
1914 [
1915 depicts land use zones, overlays, or districts.
1916 Section 27. Section 17-27a-104 is amended to read:
1917 17-27a-104. County standards.
1918 (1) [
1919
1920 chapter does not prohibit a county from adopting the county's own land use standards.
1921 (2) [
1922 regulation, condition, or standard that conflicts with a provision of this chapter, other state law,
1923 or federal law.
1924 Section 28. Section 17-27a-208 is amended to read:
1925 17-27a-208. Hearing and notice for petition to vacate a public street.
1926 (1) For any [
1927 or county utility easement, the legislative body shall:
1928 (a) hold a public hearing; and
1929 (b) give notice of the date, place, and time of the hearing, as provided in Subsection
1930 (2).
1931 (2) At least 10 days before the public hearing under Subsection (1)(a), the legislative
1932 body shall ensure that the notice required under Subsection (1)(b) [
1933 (a) mailed to the record owner of each parcel that is accessed by the public street[
1934
1935 (b) mailed to each affected entity;
1936 (c) posted on or near the public street[
1937 manner that is calculated to alert the public; and
1938 (d) (i) published [
1939 in which the land subject to the petition is located until the public hearing concludes; and
1940 (ii) published on the Utah Public Notice Website created in Section 63F-1-701.
1941 Section 29. Section 17-27a-302 is amended to read:
1942 17-27a-302. Planning commission powers and duties.
1943 (1) Each countywide planning advisory area or mountainous planning district planning
1944 commission shall, with respect to the unincorporated area of the county, the planning advisory
1945 area, or the mountainous planning district, make a recommendation to the county legislative
1946 body for:
1947 [
1948 [
1949 [
1950 authority to hear and act on a land use application;
1951 [
1952 act on an appeal from a decision of the land use authority; and
1953 [
1954 [
1955 and proper notice, will receive informal streamlined review and action if the application is
1956 uncontested; and
1957 [
1958 [
1959 a land use authority;
1960 [
1961 land use authority's decision to a separate appeal authority; and
1962 [
1963 (2) Nothing in this section limits the right of a county to initiate or propose the actions
1964 described in this section.
1965 Section 30. Section 17-27a-501 is amended to read:
1966 17-27a-501. Enactment of land use regulation.
1967 (1) Only a legislative body, as the body authorized to weigh policy considerations, may
1968 enact a land use regulation.
1969 (2) (a) Except as provided in Subsection (2)(b), a legislative body may enact a land use
1970 regulation only by ordinance.
1971 (b) A legislative body may, by ordinance or resolution, enact a land use regulation that
1972 imposes a fee.
1973 (3) A land use regulation shall be consistent with the purposes set forth in this chapter.
1974 (4) (a) A legislative body shall adopt a land use regulation to:
1975 (i) create or amend a zoning district under Subsection 17-27a-503(1)(a); and
1976 (ii) designate general uses allowed in each zoning district.
1977 (b) A land use authority may establish or modify other restrictions or requirements
1978 other than those described in Subsection (4)(a), including the configuration or modification of
1979 uses or density, through a land use decision that applies criteria or policy elements that a land
1980 use regulation establishes or describes.
1981 Section 31. Section 17-27a-502 is amended to read:
1982 17-27a-502. Preparation and adoption of land use regulation.
1983 (1) [
1984 (a) provide notice as required by Subsection 17-27a-205(1)(a) and, if applicable,
1985 Subsection 17-27a-205(4);
1986 (b) hold a public hearing on a proposed land use regulation;
1987 (c) if applicable, consider each written objection filed in accordance with Subsection
1988 17-27a-205(4) prior to the public hearing; and
1989 (d) (i) [
1990 regulation that represents the planning commission's recommendation for regulating the use
1991 and development of land within:
1992 (A) all or any part of the unincorporated area of the county; or
1993 (B) for a mountainous planning district, all or any part of the area in the mountainous
1994 planning district; and
1995 (ii) forward to the legislative body all objections filed in accordance with Subsection
1996 17-27a-205(4).
1997 (2) (a) The legislative body shall consider each proposed land use regulation
1998 [
1999 recommends to the legislative body.
2000 (b) After providing notice as required by Subsection 17-27a-205(1)(b) and holding a
2001 public meeting, the legislative body may adopt or reject the proposed land use regulation
2002 [
2003 (i) as proposed by the planning commission; or
2004 (ii) after making any revision the legislative body considers appropriate.
2005 (c) A legislative body may consider a planning commission's failure to make a timely
2006 recommendation as a negative recommendation if the legislative body has provided for that
2007 consideration by ordinance.
2008 Section 32. Section 17-27a-503 is amended to read:
2009 17-27a-503. Zoning district or land use regulation amendments.
2010 (1) Only a legislative body may amend:
2011 (a) the number, shape, boundaries, [
2012 (b) any regulation of or within the zoning district; or
2013 (c) any other provision of a land use regulation.
2014 (2) [
2015 unless the legislative body first submits the amendment [
2016
2017 commission's recommendation.
2018 (3) [
2019 17-27a-502 in preparing and adopting an amendment to a land use regulation.
2020 Section 33. Section 17-27a-506 is amended to read:
2021 17-27a-506. Conditional uses.
2022 (1) (a) A county may adopt a land use ordinance that includes conditional uses and
2023 provisions for conditional uses that require compliance with standards set forth in an applicable
2024 ordinance.
2025 (b) A county may not impose a requirement or standard on a conditional use that
2026 conflicts with a provision of this chapter or other state or federal law.
2027 (2) (a) (i) A land use authority shall approve a conditional use if reasonable conditions
2028 are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of
2029 the proposed use in accordance with applicable standards.
2030 (ii) The requirement described in Subsection (2)(a)(i) to reasonably mitigate
2031 anticipated detrimental effects of the proposed conditional use does not require elimination of
2032 the detrimental effects.
2033 (b) If a land use authority proposes reasonable conditions on a proposed conditional
2034 use, the land use authority shall ensure that the conditions are stated on the record and
2035 reasonably relate to mitigating the anticipated detrimental effects of the proposed use.
2036 (c) If the reasonably anticipated detrimental effects of a proposed conditional use
2037 cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to
2038 achieve compliance with applicable standards, the land use authority may deny the conditional
2039 use.
2040 (3) A land use authority's decision to approve or deny a conditional use is an
2041 administrative land use decision.
2042 (4) A legislative body shall classify any use that a land use regulation allows in a
2043 zoning district as either a permitted or conditional use under this chapter.
2044 Section 34. Section 17-27a-508 is amended to read:
2045 17-27a-508. Applicant's entitlement to land use application approval --
2046 Application relating to land in a high priority transportation corridor -- County's
2047 requirements and limitations -- Vesting upon submission of development plan and
2048 schedule.
2049 (1) (a) (i) An applicant who has submitted a complete land use application, including
2050 the payment of all application fees, is entitled to substantive review of the application under the
2051 land use regulations:
2052 (A) in effect on the date that the application is complete; and
2053 (B) applicable to the application or to the information shown on the submitted
2054 application.
2055 (ii) An applicant is entitled to approval of a land use application if the application
2056 conforms to the requirements of the applicable land use regulations, land use decisions, and
2057 development standards in effect when the applicant submits a complete application and pays all
2058 application fees, unless:
2059 (A) the land use authority, on the record, formally finds that a compelling,
2060 countervailing public interest would be jeopardized by approving the application and specifies
2061 the compelling, countervailing public interest in writing; or
2062 (B) in the manner provided by local ordinance and before the applicant submits the
2063 application, the county formally initiates proceedings to amend the county's land use
2064 regulations in a manner that would prohibit approval of the application as submitted.
2065 (b) The county shall process an application without regard to proceedings the county
2066 initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
2067 (i) 180 days have passed since the county initiated the proceedings; and
2068 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
2069 application as submitted.
2070 (c) A land use application is considered submitted and complete when the applicant
2071 provides the application in a form that complies with the requirements of applicable ordinances
2072 and pays all applicable fees.
2073 (d) The continuing validity of an approval of a land use application is conditioned upon
2074 the applicant proceeding after approval to implement the approval with reasonable diligence.
2075 (e) A county may not impose on an applicant who has submitted a complete
2076 application [
2077 (i) in this chapter;
2078 (ii) in a county ordinance; or
2079 (iii) in a county specification for public improvements applicable to a subdivision or
2080 development that is in effect on the date that the applicant submits an application.
2081 (f) A county may not impose on a holder of an issued land use permit or a final,
2082 unexpired subdivision plat a requirement that is not expressed:
2083 (i) in a land use permit;
2084 (ii) on the subdivision plat;
2085 (iii) in a document on which the land use permit or subdivision plat is based;
2086 (iv) in the written record evidencing approval of the land use permit or subdivision
2087 plat;
2088 (v) in this chapter; or
2089 (vi) in a county ordinance.
2090 (g) [
2091 a certificate of occupancy or acceptance of subdivision improvements because of an applicant's
2092 failure to comply with a requirement that is not expressed:
2093 (i) in the building permit or subdivision plat, documents on which the building permit
2094 or subdivision plat is based, or the written record evidencing approval of the building permit or
2095 subdivision plat; or
2096 (ii) in this chapter or the county's ordinances.
2097 (h) A county may not unreasonably withhold issuance of a certificate of occupancy
2098 where an applicant has met all requirements essential for the public health, public safety, and
2099 general welfare of the occupants, in accordance with this chapter, unless:
2100 (i) the applicant and the county have agreed in a written document to the withholding
2101 of a certificate of occupancy; or
2102 (ii) the applicant has not provided a financial assurance for required and uncompleted
2103 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
2104 legislative body adopts under this chapter.
2105 (2) A county is bound by the terms and standards of applicable land use regulations and
2106 shall comply with mandatory provisions of those regulations.
2107 (3) A county may not, as a condition of land use application approval, require a person
2108 filing a land use application to obtain documentation regarding a school district's willingness,
2109 capacity, or ability to serve the development proposed in the land use application.
2110 (4) Upon a specified public agency's submission of a development plan and schedule as
2111 required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,
2112 the specified public agency vests in the county's applicable land use maps, zoning map, hookup
2113 fees, impact fees, other applicable development fees, and land use regulations in effect on the
2114 date of submission.
2115 Section 35. Section 17-27a-509.5 is amended to read:
2116 17-27a-509.5. Review for application completeness -- Substantive application
2117 review -- Reasonable diligence required for determination of whether improvements or
2118 warranty work meets standards -- Money damages claim prohibited.
2119 (1) (a) Each county shall, in a timely manner, determine whether [
2120 application is complete for the purposes of subsequent, substantive land use authority review.
2121 (b) After a reasonable period of time to allow the county diligently to evaluate whether
2122 all objective ordinance-based application criteria have been met, if application fees have been
2123 paid, the applicant may in writing request that the county provide a written determination either
2124 that the application is:
2125 (i) complete for the purposes of allowing subsequent, substantive land use authority
2126 review; or
2127 (ii) deficient with respect to a specific, objective, ordinance-based application
2128 requirement.
2129 (c) Within 30 days of receipt of an applicant's request under this section, the county
2130 shall either:
2131 (i) mail a written notice to the applicant advising that the application is deficient with
2132 respect to a specified, objective, ordinance-based criterion, and stating that the application must
2133 be supplemented by specific additional information identified in the notice; or
2134 (ii) accept the application as complete for the purposes of further substantive
2135 processing by the land use authority.
2136 (d) If the notice required by Subsection (1)(c)(i) is not timely mailed, the application
2137 shall be considered complete, for purposes of further substantive land use authority review.
2138 (e) (i) The applicant may raise and resolve in a single appeal any determination made
2139 under this Subsection (1) to the appeal authority, including an allegation that a reasonable
2140 period of time has elapsed under Subsection (1)(a).
2141 (ii) The appeal authority shall issue a written decision for any appeal requested under
2142 this Subsection (1)(e).
2143 (f) (i) The applicant may appeal to district court the decision of the appeal authority
2144 made under Subsection (1)(e).
2145 (ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of
2146 the written decision.
2147 (2) (a) Each land use authority shall substantively review a complete application and an
2148 application considered complete under Subsection (1)(d), and shall approve or deny each
2149 application with reasonable diligence.
2150 (b) After a reasonable period of time to allow the land use authority to consider an
2151 application, the applicant may in writing request that the land use authority take final action
2152 within 45 days from date of service of the written request.
2153 (c) Within 45 days from the date of service of the written request described in
2154 Subsection (2)(b):
2155 (i) [
2156 final action, approving or denying the application [
2157 (ii) if a landowner petitions for a land use regulation, a legislative body shall take final
2158 action by approving or denying the petition.
2159 (d) If the land use authority denies an application processed under the mandates of
2160 Subsection (2)(b), or if the applicant has requested a written decision in the application, the
2161 land use authority shall include its reasons for denial in writing, on the record, which may
2162 include the official minutes of the meeting in which the decision was rendered.
2163 (e) If the land use authority fails to comply with Subsection (2)(c), the applicant may
2164 appeal this failure to district court within 30 days of the date on which the land use authority
2165 should have taken final action under Subsection (2)(c).
2166 (3) (a) With reasonable diligence, each land use authority shall determine whether the
2167 installation of required subdivision improvements or the performance of warranty work meets
2168 the county's adopted standards.
2169 (b) (i) An applicant may in writing request the land use authority to accept or reject the
2170 applicant's installation of required subdivision improvements or performance of warranty work.
2171 (ii) The land use authority shall accept or reject subdivision improvements within 15
2172 days after receiving an applicant's written request under Subsection (3)(b)(i), or as soon as
2173 practicable after that 15-day period if inspection of the subdivision improvements is impeded
2174 by winter weather conditions.
2175 (iii) The land use authority shall accept or reject the performance of warranty work
2176 within 45 days after receiving an applicant's written request under Subsection (3)(b)(i), or as
2177 soon as practicable after that 45-day period if inspection of the warranty work is impeded by
2178 winter weather conditions.
2179 (c) If a land use authority determines that the installation of required subdivision
2180 improvements or the performance of warranty work does not meet the county's adopted
2181 standards, the land use authority shall comprehensively and with specificity list the reasons for
2182 [
2183 (4) Subject to Section 17-27a-508, nothing in this section and no action or inaction of
2184 the land use authority relieves an applicant's duty to comply with all applicable substantive
2185 ordinances and regulations.
2186 (5) There shall be no money damages remedy arising from a claim under this section.
2187 Section 36. Section 17-27a-601 is amended to read:
2188 17-27a-601. Enactment of subdivision ordinance.
2189 (1) The legislative body of a county may enact ordinances requiring that a subdivision
2190 plat comply with the provisions of the [
2191 (a) [
2192 office; and
2193 (b) lots may be sold.
2194 (2) If the legislative body fails to enact a subdivision ordinance, the county may
2195 regulate subdivisions only as provided in this part.
2196 Section 37. Section 17-27a-602 is amended to read:
2197 17-27a-602. Planning commission preparation and recommendation of
2198 subdivision ordinance -- Adoption or rejection by legislative body.
2199 (1) [
2200 (a) [
2201 body on any proposed ordinance [
2202 in the municipality;
2203 (b) [
2204 recommendation to the legislative body on any proposed ordinance that amends the regulation
2205 of the subdivision of the unincorporated land in the county or, in the case of a mountainous
2206 planning district, the mountainous planning district;
2207 (c) provide notice consistent with Section 17-27a-205; and
2208 (d) hold a public hearing on the proposed ordinance before making [
2209 commission's final recommendation to the legislative body.
2210 (2) (a) [
2211 ordinance [
2212
2213 (b) A legislative body may consider a planning commission's failure to make a timely
2214 recommendation as a negative recommendation if the legislative body has provided for that
2215 consideration by ordinance.
2216 Section 38. Section 17-27a-603 is amended to read:
2217 17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
2218 acknowledgment, surveyor certification, and underground utility facility owner
2219 verification of plat -- Recording plat.
2220 (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
2221 subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
2222 the land shall provide an accurate plat that describes or specifies:
2223 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
2224 the county recorder's office;
2225 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
2226 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
2227 intended to be used as a street or for any other public use, and whether any such area is
2228 reserved or proposed for dedication for a public purpose;
2229 (c) the lot or unit reference, block or building reference, street or site address, street
2230 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
2231 and width of the blocks and lots intended for sale; and
2232 (d) every existing right-of-way and easement grant of record for an underground
2233 facility, as defined in Section 54-8a-2, and for any other utility facility.
2234 (2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the county's
2235 ordinances and this part and has been approved by the culinary water authority, the sanitary
2236 sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
2237 health department and the county consider the local health department's approval necessary, the
2238 county shall approve the plat.
2239 (b) Counties are encouraged to receive a recommendation from the fire authority before
2240 approving a plat.
2241 (c) A county may not require that a plat be approved or signed by a person or entity
2242 who:
2243 (i) is not an employee or agent of the county; or
2244 (ii) does not:
2245 (A) have a legal or equitable interest in the property within the proposed subdivision;
2246 (B) provide a utility or other service directly to a lot within the subdivision;
2247 (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
2248 for the purpose of confirming the accuracy of the location of the easement or right-of-way in
2249 relation to the plat; or
2250 (D) provide culinary public water service whose source protection zone designated as
2251 provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
2252 (d) For a subdivision application that includes land located within a notification zone,
2253 as determined under Subsection (2)[
2254 (i) within 20 days after the day on which a complete subdivision application is filed,
2255 provide written notice of the application to the canal owner or associated canal operator contact
2256 described in:
2257 (A) Section 17-27a-211;
2258 (B) Subsection 73-5-7(2); or
2259 (C) Subsection (4)(c); and
2260 (ii) wait to approve or reject the subdivision application for at least 20 days after the
2261 day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
2262 receive input from the canal owner or associated canal operator, including input regarding:
2263 (A) access to the canal;
2264 (B) maintenance of the canal;
2265 (C) canal protection; and
2266 (D) canal safety.
2267 (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
2268 [
2269 to a canal owner or associated canal operator if:
2270 (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
2271 (ii) the centerline alignment is available to the land use authority:
2272 (A) from information provided by the canal company under Section 17-27a-211 using
2273 mapping-grade global positioning satellite units or digitized data from the most recent aerial
2274 photo available to the canal owner or canal operator;
2275 (B) using the state engineer's inventory of canals under Section 73-5-7; or
2276 (C) from information provided by a surveyor under Subsection (4)(c).
2277 (3) The county may withhold an otherwise valid plat approval until the owner of the
2278 land provides the legislative body with a tax clearance indicating that all taxes, interest, and
2279 penalties owing on the land have been paid.
2280 (4) (a) A [
2281 record a plat unless, subject to Subsection 17-27a-604(2):
2282 (i) prior to recordation, the county has approved and signed the plat;
2283 (ii) each owner of record of land described on the plat has signed the owner's
2284 dedication as shown on the plat; and
2285 [
2286 acknowledged as provided by law.
2287 (b) The surveyor making the plat shall certify that the surveyor:
2288 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
2289 Professional Land Surveyors Licensing Act;
2290 (ii) has completed a survey of the property described on the plat in accordance with
2291 Section 17-23-17 and has verified all measurements; and
2292 (iii) has placed monuments as represented on the plat.
2293 (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
2294 an existing or proposed underground facility or utility facility within the proposed subdivision,
2295 or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
2296 depiction of the:
2297 (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
2298 public or private easement, or grants of record;
2299 (B) location of an existing underground facility and utility facility; and
2300 (C) physical restrictions governing the location of the underground facility and utility
2301 facility within the subdivision.
2302 (ii) The cooperation of an owner or operator under Subsection (4)(c)(i):
2303 (A) indicates only that the plat approximates the location of the existing underground
2304 and utility facilities but does not warrant or verify their precise location; and
2305 (B) does not affect a right that the owner or operator has under[
2306 8a, Damage to Underground Utility Facilities[
2307
2308 (5) (a) [
2309 acknowledged, certified, and approved, the [
2310 plat shall, within the time period and manner designated by ordinance, record the plat in the
2311 county recorder's office in the county in which the lands platted and laid out are situated.
2312 (b) [
2313 ordinance renders the plat voidable.
2314 Section 39. Section 17-27a-604.5 is amended to read:
2315 17-27a-604.5. Subdivision plat recording or development activity before required
2316 infrastructure is completed -- Improvement completion assurance -- Improvement
2317 warranty.
2318 (1) A land use authority shall establish objective inspection standards for acceptance of
2319 a required landscaping or infrastructure improvement.
2320 (2) (a) Before an applicant conducts any development activity or records a plat, the
2321 applicant shall:
2322 (i) complete any required landscaping or infrastructure improvements; or
2323 (ii) post an improvement completion assurance for any required landscaping or
2324 infrastructure improvements.
2325 (b) If an applicant elects to post an improvement completion assurance, the applicant
2326 shall [
2327 (i) [
2328 improvements; or
2329 (ii) if the county has inspected and accepted a portion of the landscaping or
2330 infrastructure improvements, [
2331 unaccepted landscaping or infrastructure improvements.
2332 (c) A county shall:
2333 (i) establish a minimum of two acceptable forms of completion assurance;
2334 [
2335 applicant to post an assurance that meets the conditions of this title, and any local ordinances;
2336 [
2337 assurance as portions of required landscaping or infrastructure improvements are completed
2338 and accepted in accordance with local ordinance; and
2339 [
2340 on the installation of landscaping or infrastructure improvements.
2341 (d) A county may not require an applicant to post an improvement completion
2342 assurance for:
2343 (i) landscaping or an infrastructure improvement that the county has previously
2344 inspected and accepted[
2345 (ii) infrastructure improvements that are private and not essential or required to meet
2346 the building code, fire code, flood or storm water management provisions, street and access
2347 requirements, or other essential necessary public safety improvements adopted in a land use
2348 regulation; or
2349 (iii) in a municipality where ordinances require all infrastructure improvements within
2350 the area to be private, infrastructure improvements within a development that the municipality
2351 requires to be private.
2352 (3) At any time before a county accepts a landscaping or infrastructure improvement,
2353 and for the duration of each improvement warranty period, the land use authority may require
2354 the applicant to:
2355 (a) execute an improvement warranty for the improvement warranty period; and
2356 (b) post a cash deposit, surety bond, letter of credit, or other similar security, as
2357 required by the county, in the amount of up to 10% of the lesser of the:
2358 (i) county engineer's original estimated cost of completion; or
2359 (ii) applicant's reasonable proven cost of completion.
2360 (4) When a county accepts an improvement completion assurance for landscaping or
2361 infrastructure improvements for a development in accordance with Subsection (2)(c)[
2362 the county may not deny an applicant a building permit if the development meets the
2363 requirements for the issuance of a building permit under the building code and fire code.
2364 (5) The provisions of this section do not supersede the terms of a valid development
2365 agreement, an adopted phasing plan, or the state construction code.
2366 Section 40. Section 17-27a-605 is amended to read:
2367 17-27a-605. Exemptions from plat requirement.
2368 (1) Notwithstanding Sections 17-27a-603 and 17-27a-604, [
2369 county may establish a process to approve an administrative land use decision for the
2370 subdivision of unincorporated land or mountainous planning district land into 10 lots or less
2371 without a plat, by certifying in writing that:
2372 (a) the county has provided notice as required by ordinance; and
2373 (b) the proposed subdivision:
2374 (i) is not traversed by the mapped lines of a proposed street as shown in the general
2375 plan [
2376 approved the location and dedication of any public street, county utility easement, any other
2377 easement, or any other land for public purposes as the county's ordinance requires;
2378 (ii) has been approved by the culinary water authority and the sanitary sewer authority;
2379 (iii) is located in a zoned area; and
2380 (iv) conforms to all applicable land use ordinances or has properly received a variance
2381 from the requirements of an otherwise conflicting and applicable land use ordinance.
2382 (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
2383 land is exempt from the plat requirements of Section 17-27a-603 if:
2384 (i) the lot or parcel:
2385 (A) qualifies as land in agricultural use under Section 59-2-502; and
2386 (B) is not used and will not be used for any nonagricultural purpose; and
2387 (ii) the new owner of record completes, signs, and records with the county recorder a
2388 notice:
2389 (A) describing the parcel by legal description; and
2390 (B) stating that the lot or parcel is created for agricultural purposes as defined in
2391 Section 59-2-502 and will remain so until a future zoning change permits other uses.
2392 (b) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
2393 purpose, the county shall require the lot or parcel to comply with the requirements of Section
2394 17-27a-603 and all applicable land use ordinance requirements.
2395 (3) (a) Except as provided in Subsection (4), a document recorded in the county
2396 recorder's office that divides property by a metes and bounds description does not create an
2397 approved subdivision allowed by this part unless the land use authority's certificate of written
2398 approval required by Subsection (1) is attached to the document.
2399 (b) The absence of the certificate or written approval required by Subsection (1) does
2400 not:
2401 (i) prohibit the county recorder from recording a document; or
2402 (ii) affect the validity of a recorded document.
2403 (c) A document which does not meet the requirements of Subsection (1) may be
2404 corrected by the recording of an affidavit to which the required certificate or written approval is
2405 attached [
2406 (4) (a) As used in this Subsection (4):
2407 (i) "Divided land" means land that:
2408 (A) is described as the land to be divided in a notice under Subsection (4)(b)(ii); and
2409 (B) has been divided by a minor subdivision.
2410 (ii) "Land to be divided" means land that is proposed to be divided by a minor
2411 subdivision.
2412 (iii) "Minor subdivision" means a division of at least 100 contiguous acres of
2413 agricultural land in a county of the third, fourth, fifth, or sixth class to create one new lot that,
2414 after the division, is separate from the remainder of the original 100 or more contiguous acres
2415 of agricultural land.
2416 (iv) "Minor subdivision lot" means a lot created by a minor subdivision.
2417 (b) Notwithstanding Sections 17-27a-603 and 17-27a-604, an owner of at least 100
2418 contiguous acres of agricultural land may make a minor subdivision by submitting for
2419 recording in the office of the recorder of the county in which the land to be divided is located:
2420 (i) a recordable deed containing the legal description of the minor subdivision lot; and
2421 (ii) a notice:
2422 (A) indicating that the owner of the land to be divided is making a minor subdivision;
2423 (B) referring specifically to this section as the authority for making the minor
2424 subdivision; and
2425 (C) containing the legal description of:
2426 (I) the land to be divided; and
2427 (II) the minor subdivision lot.
2428 (c) A minor subdivision lot:
2429 (i) may not be less than one acre in size;
2430 (ii) may not be within 1,000 feet of another minor subdivision lot; and
2431 (iii) is not subject to the subdivision ordinance of the county in which the minor
2432 subdivision lot is located.
2433 (d) Land to be divided by a minor subdivision may not include divided land.
2434 (e) A county:
2435 (i) may not deny a building permit to an owner of a minor subdivision lot based on:
2436 (A) the lot's status as a minor subdivision lot; or
2437 (B) the absence of standards described in Subsection (4)(e)(ii); and
2438 (ii) may, in connection with the issuance of a building permit, subject a minor
2439 subdivision lot to reasonable health, safety, and access standards that the county has established
2440 and made public.
2441 (5) (a) Notwithstanding Sections 17-27a-603 and 17-27a-604, and subject to
2442 Subsection (1), the legislative body of a county may enact an ordinance allowing the
2443 subdivision of a parcel, without complying with the plat requirements of Section 17-27a-603,
2444 if:
2445 (i) the parcel contains an existing legal single family dwelling unit;
2446 (ii) the subdivision results in two parcels, one of which is agricultural land;
2447 (iii) the parcel of agricultural land:
2448 (A) qualifies as land in agricultural use under Section 59-2-502; and
2449 (B) is not used, and will not be used, for a nonagricultural purpose;
2450 (iv) both the parcel with an existing legal single family dwelling unit and the parcel of
2451 agricultural land meet the minimum area, width, frontage, and setback requirements of the
2452 applicable zoning designation in the applicable land use ordinance; and
2453 (v) the owner of record completes, signs, and records with the county recorder a notice:
2454 (A) describing the parcel of agricultural land by legal description; and
2455 (B) stating that the parcel of agricultural land is created as land in agricultural use, as
2456 defined in Section 59-2-502, and will remain as land in agricultural use until a future zoning
2457 change permits another use.
2458 (b) If a parcel of agricultural land divided from another parcel under Subsection (5)(a)
2459 is later used for a nonagricultural purpose, the exemption provided in Subsection (5)(a) no
2460 longer applies, and the county shall require the owner of the parcel to:
2461 (i) retroactively comply with the subdivision plat requirements of Section 17-27a-603;
2462 and
2463 (ii) comply with all applicable land use ordinance requirements.
2464 Section 41. Section 17-27a-607 is amended to read:
2465 17-27a-607. Dedication by plat of public streets and other public places.
2466 (1) A plat that is signed, dedicated, and acknowledged by each owner of record, and
2467 approved according to the procedures specified in this part, operates, when recorded, as a
2468 dedication of all public streets and other public places, and vests the fee of those parcels of land
2469 in the county for the public for the uses named or intended in the plat.
2470 (2) The dedication established by this section does not impose liability upon the county
2471 for public streets and other public places that are dedicated in this manner but are unimproved
2472 unless:
2473 (a) adequate financial assurance has been provided in accordance with this chapter; and
2474 (b) the county has accepted the dedication.
2475 Section 42. Section 17-27a-608 is amended to read:
2476 17-27a-608. Vacating or amending a subdivision plat.
2477 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
2478 subdivision that has been laid out and platted as provided in this part may file a written petition
2479 with the land use authority to have some or all of the plat vacated or amended.
2480 (b) If a petition is filed under Subsection (1)(a), the land use authority shall provide
2481 notice of the petition by mail, email, or other effective means to each affected entity that
2482 provides a service to an owner of record of the portion of the plat that is being vacated or
2483 amended at least 10 calendar days before the land use authority may approve the vacation or
2484 amendment of the plat.
2485 (c) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
2486 public hearing within 45 days after the day on which the petition is filed if:
2487 (i) any owner within the plat notifies the county of the owner's objection in writing
2488 within 10 days of mailed notification; or
2489 (ii) a public hearing is required because all of the owners in the subdivision have not
2490 signed the revised plat.
2491 (2) Unless a local ordinance provides otherwise, the public hearing requirement of
2492 Subsection (1)(c) does not apply and a land use authority may consider at a public meeting an
2493 owner's petition to vacate or amend a subdivision plat if:
2494 (a) the petition seeks to:
2495 (i) join two or more of the petitioning fee owner's contiguous lots;
2496 (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
2497 result in a violation of a land use ordinance or a development condition;
2498 (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
2499 adjoining lots or parcels join the petition, regardless of whether the lots or parcels are located in
2500 the same subdivision;
2501 (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
2502 imposed by the local political subdivision; or
2503 (v) alter the plat in a manner that does not change existing boundaries or other
2504 attributes of lots within the subdivision that are not:
2505 (A) owned by the petitioner; or
2506 (B) designated as a common area; and
2507 (b) notice has been given to adjacent property owners in accordance with any
2508 applicable local ordinance.
2509 (3) Each request to vacate or amend a plat that contains a request to vacate or amend a
2510 public street[
2511 (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include:
2512 (a) the name and address of each owner of record of the land contained in:
2513 (i) the entire plat; or
2514 (ii) that portion of the plan described in the petition; and
2515 (b) the signature of each owner who consents to the petition.
2516 (5) (a) The owners of record of adjacent parcels that are described by either a metes
2517 and bounds description or by a recorded plat may exchange title to portions of those parcels if
2518 the exchange of title is approved by the land use authority in accordance with Subsection
2519 (5)(b).
2520 (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
2521 the exchange of title will not result in a violation of any land use ordinance.
2522 (c) If an exchange of title is approved under Subsection (5)(b):
2523 (i) a notice of approval shall be recorded in the office of the county recorder which:
2524 (A) is executed by each owner included in the exchange and by the land use authority;
2525 (B) contains an acknowledgment for each party executing the notice in accordance with
2526 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
2527 (C) recites the descriptions of both the original parcels and the parcels created by the
2528 exchange of title; and
2529 (ii) a document of conveyance of title reflecting the approved change shall be recorded
2530 in the office of the county recorder.
2531 (d) A notice of approval recorded under this Subsection (5) does not act as a
2532 conveyance of title to real property and is not required to record a document conveying title to
2533 real property.
2534 (6) (a) The name of a recorded subdivision may be changed by recording an amended
2535 plat making that change, as provided in this section and subject to Subsection (6)(c).
2536 (b) The surveyor preparing the amended plat shall certify that the surveyor:
2537 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
2538 Professional Land Surveyors Licensing Act;
2539 (ii) has completed a survey of the property described on the plat in accordance with
2540 Section 17-23-17 and has verified all measurements; and
2541 (iii) has placed monuments as represented on the plat.
2542 (c) An owner of land may not submit for recording an amended plat that gives the
2543 subdivision described in the amended plat the same name as a subdivision recorded in the
2544 county recorder's office.
2545 (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
2546 document that purports to change the name of a recorded plat is void.
2547 Section 43. Section 17-27a-609 is amended to read:
2548 17-27a-609. Land use authority approval of vacation or amendment of plat --
2549 Recording the amended plat.
2550 (1) The land use authority may approve the vacation or amendment of a plat by signing
2551 an amended plat showing the vacation or amendment if the land use authority finds that:
2552 (a) there is good cause for the vacation or amendment; and
2553 (b) no public street[
2554 amended.
2555 (2) (a) The land use authority shall ensure that the amended plat showing the vacation
2556 or amendment is recorded in the office of the county recorder in which the land is located.
2557 (b) If the amended plat is approved and recorded in accordance with this section, the
2558 recorded plat shall vacate, supersede, and replace any contrary provision in a previously
2559 recorded plat of the same land.
2560 (3) (a) A legislative body may vacate a subdivision or a portion of a subdivision by
2561 recording in the county recorder's office an ordinance describing the subdivision or the portion
2562 being vacated.
2563 (b) The recorded vacating ordinance shall replace a previously recorded plat described
2564 in the vacating ordinance.
2565 (4) An amended plat may not be submitted to the county recorder for recording unless
2566 it is:
2567 (a) signed by the land use authority; and
2568 (b) signed, acknowledged, and dedicated by each owner of record of the portion of the
2569 plat that is amended.
2570 (5) A management committee may sign and dedicate an amended plat as provided in
2571 Title 57, Chapter 8, Condominium Ownership Act.
2572 (6) A plat may be corrected as provided in Section 57-3-106.
2573 Section 44. Section 17-27a-609.5 is amended to read:
2574 17-27a-609.5. Petition to vacate a public street.
2575 (1) In lieu of vacating some or all of a public street through a plat or amended plat in
2576 accordance with Sections 17-27a-603 through 17-27a-609, a legislative body may approve a
2577 petition to vacate a public street in accordance with this section.
2578 [
2579 utility easement shall include:
2580 (a) the name and address of each owner of record of land that is:
2581 (i) adjacent to the public street[
2582 two nearest public street intersections; or
2583 (ii) accessed exclusively by or within 300 feet of the public street[
2584 county utility easement; [
2585 (b) proof of written notice to operators of utilities located within the bounds of the
2586 public street or county utility easement sought to be vacated; and
2587 [
2588 vacation.
2589 [
2590 street[
2591 hearing in accordance with Section 17-27a-208 and determine whether:
2592 (a) good cause exists for the vacation; and
2593 (b) the public interest or any person will be materially injured by the proposed
2594 vacation.
2595 [
2596 some or all of a public street[
2597 finds that:
2598 (a) good cause exists for the vacation; and
2599 (b) neither the public interest nor any person will be materially injured by the vacation.
2600 [
2601 street[
2602 both of the following is recorded in the office of the recorder of the county in which the land is
2603 located:
2604 (a) a plat reflecting the vacation; or
2605 (b) (i) an ordinance described in Subsection [
2606 (ii) a legal description of the public street to be vacated.
2607 [
2608
2609 (a) operates to the extent to which it is vacated, upon the effective date of the recorded
2610 plat or ordinance, as a revocation of the acceptance of and the relinquishment of the county's
2611 fee in the vacated street, right-of-way, or easement; and
2612 (b) may not be construed to impair:
2613 (i) any right-of-way or easement of any lot owner; or
2614 (ii) the [
2615 (7) (a) A county may submit a petition, in accordance with Subsection (2), and initiate
2616 and complete a process to vacate some or all of a public street.
2617 (b) If a county submits a petition and initiates a process under Subsection (7)(a):
2618 (i) the legislative body shall hold a public hearing;
2619 (ii) the petition and process may not apply to or affect a public utility easement, except
2620 to the extent:
2621 (A) the easement is not a protected utility easement as defined in Section 54-3-27;
2622 (B) the easement is included within the public street; and
2623 (C) the notice to vacate the public street also contains a notice to vacate the easement;
2624 and
2625 (iii) a recorded ordinance to vacate a public street has the same legal effect as vacating
2626 a public street through a recorded plat or amended plat.
2627 Section 45. Section 17-27a-707 is amended to read:
2628 17-27a-707. Scope of review of factual matters on appeal -- Appeal authority
2629 requirements.
2630 (1) A county may, by ordinance, designate the scope of review of factual matters for
2631 appeals of land use authority decisions.
2632 (2) If the county fails to designate a scope of review of factual matters, the appeal
2633 authority shall review the matter de novo, without deference to the land use authority's
2634 determination of factual matters.
2635 (3) If the scope of review of factual matters is on the record, the appeal authority shall
2636 determine whether the record on appeal includes substantial evidence for each essential finding
2637 of fact.
2638 (4) The appeal authority shall:
2639 (a) determine the correctness of the land use authority's interpretation and application
2640 of the plain meaning of the land use regulations; and
2641 (b) interpret and apply a land use regulation to favor a land use application unless the
2642 land use regulation plainly restricts the land use application.
2643 (5) (a) An appeal authority's land use decision is a quasi-judicial act[
2644
2645 (b) A legislative body may act as an appeal authority unless both the legislative body
2646 and the appealing party agree to allow a third party to act as the appeal authority.
2647 (6) Only a decision in which a land use authority has applied a land use regulation to a
2648 particular land use application, person, or parcel may be appealed to an appeal authority.
2649 Section 46. Section 17-27a-801 is amended to read:
2650 17-27a-801. No district court review until administrative remedies exhausted --
2651 Time for filing -- Tolling of time -- Standards governing court review -- Record on review
2652 -- Staying of decision.
2653 (1) No person may challenge in district court a land use decision until that person has
2654 exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
2655 Variances, if applicable.
2656 (2) (a) Any person adversely affected by a final decision made in the exercise of or in
2657 violation of the provisions of this chapter may file a petition for review of the decision with the
2658 district court within 30 days after the decision is final.
2659 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
2660 property owner files a request for arbitration of a constitutional taking issue with the property
2661 rights ombudsman under Section 13-43-204 until 30 days after:
2662 (A) the arbitrator issues a final award; or
2663 (B) the property rights ombudsman issues a written statement under Subsection
2664 13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
2665 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
2666 taking issue that is the subject of the request for arbitration filed with the property rights
2667 ombudsman by a property owner.
2668 (iii) A request for arbitration filed with the property rights ombudsman after the time
2669 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
2670 (3) (a) A court shall:
2671 (i) presume that a land use regulation properly enacted under the authority of this
2672 chapter is valid; and
2673 (ii) determine only whether:
2674 (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
2675 or federal law; and
2676 (B) it is reasonably debatable that the land use regulation is consistent with this
2677 chapter.
2678 (b) A court shall:
2679 (i) presume that a final decision of a land use authority or an appeal authority is valid;
2680 and
2681 (ii) uphold the decision unless the decision is:
2682 (A) arbitrary and capricious; or
2683 (B) illegal.
2684 (c) (i) A decision is arbitrary and capricious if the decision is not supported by
2685 substantial evidence in the record.
2686 (ii) A decision is illegal if the decision is:
2687 (A) based on an incorrect interpretation of a land use regulation; or
2688 (B) contrary to law.
2689 (d) (i) A court may affirm or reverse the decision of a land use authority.
2690 (ii) If the court reverses a denial of a land use application, the court shall remand the
2691 matter to the land use authority with instructions to issue an approval consistent with the court's
2692 decision.
2693 (4) The provisions of Subsection (2)(a) apply from the date on which the county takes
2694 final action on a land use application for any adversely affected third party, if the county
2695 conformed with the notice provisions of Part 2, Notice, or for any person who had actual notice
2696 of the pending decision.
2697 (5) If the county has complied with Section 17-27a-205, a challenge to the enactment
2698 of a land use regulation or general plan may not be filed with the district court more than 30
2699 days after the enactment.
2700 (6) A challenge to a land use decision is barred unless the challenge is filed within 30
2701 days after the land use decision is final.
2702 (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
2703 the reviewing court the record of its proceedings, including its minutes, findings, orders and, if
2704 available, a true and correct transcript of its proceedings.
2705 (b) If the proceeding was recorded, a transcript of that recording is a true and correct
2706 transcript for purposes of this Subsection (7).
2707 (8) (a) (i) If there is a record, the district court's review is limited to the record provided
2708 by the land use authority or appeal authority, as the case may be.
2709 (ii) The court may not accept or consider any evidence outside the record of the land
2710 use authority or appeal authority, as the case may be, unless that evidence was offered to the
2711 land use authority or appeal authority, respectively, and the court determines that it was
2712 improperly excluded.
2713 (b) If there is no record, the court may call witnesses and take evidence.
2714 (9) (a) The filing of a petition does not stay the decision of the land use authority or
2715 appeal authority, as the case may be.
2716 (b) (i) Before filing a petition under this section or a request for mediation or
2717 arbitration of a constitutional taking issue under Section 13-43-204, the aggrieved party may
2718 petition the appeal authority to stay its decision.
2719 (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
2720 pending district court review if the appeal authority finds it to be in the best interest of the
2721 county.
2722 (iii) After a petition is filed under this section or a request for mediation or arbitration
2723 of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
2724 injunction staying the appeal authority's decision.
2725 (10) If the court determines that a party initiated or pursued a challenge to the decision
2726 on a land use application in bad faith, the court may award attorney fees.
2727 Section 47. Section 17-27a-802 is amended to read:
2728 17-27a-802. Enforcement.
2729 (1) (a) A county or any adversely affected owner of real estate within the county in
2730 which violations of this chapter or ordinances enacted under the authority of this chapter occur
2731 or are about to occur may, in addition to other remedies provided by law, institute:
2732 (i) injunctions, mandamus, abatement, or any other appropriate actions; or
2733 (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
2734 (b) A county need only establish the violation to obtain the injunction.
2735 (2) (a) A county may enforce the county's ordinance by withholding a building permit.
2736 (b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any
2737 building or other structure within a county without approval of a building permit.
2738 (c) The county may not issue a building permit unless the plans of and for the proposed
2739 erection, construction, reconstruction, alteration, or use fully conform to all regulations then in
2740 effect.
2741 (d) A county may not deny an applicant a building permit or certificate of occupancy
2742 because the applicant has not completed an infrastructure improvement:
2743 (i) that is not essential to meet the requirements for the issuance of a building permit or
2744 certificate of occupancy under the building code and fire code; and
2745 (ii) for which the county has accepted an improvement completion assurance for
2746 landscaping or infrastructure improvements for the development.
2747 Section 48. Section 57-1-13 is amended to read:
2748 57-1-13. Form of quitclaim deed -- Effect.
2749 (1) A conveyance of land may also be substantially in the following form:
2750
2751 ____ (here insert name), grantor, of ____ (insert place of residence), hereby quitclaims
2752 to ____ (insert name), grantee, of ____ (here insert place of residence), for the sum of ____
2753 dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe
2754 the premises).
2755 Witness the hand of said grantor this __________(month\day\year).
2756 A quitclaim deed when executed as required by law shall have the effect of a
2757 conveyance of all right, title, interest, and estate of the grantor in and to the premises therein
2758 described and all rights, privileges, and appurtenances thereunto belonging, at the date of the
2759 conveyance."
2760 (2) [
2761 requirements described in Section 57-1-45[
2762
2763 [
2764 [
2765 [
2766 Section 49. Section 57-1-45 is amended to read:
2767 57-1-45. Boundary line agreements.
2768 (1) If properly executed and acknowledged as required under this chapter, and when
2769 recorded in the office of the recorder of the county in which the property is located, an
2770 agreement between adjoining property owners [
2771 boundary line between [
2772
2773 deed [
2774 agreed boundary line that had been the subject of the boundary line agreement or dispute that
2775 led to the boundary line agreement.
2776 (2) [
2777 Subsection (1) shall [
2778 (a) ensure that the agreement includes:
2779 [
2780 [
2781 [
2782 [
2783 (v) the parcel or lot each grantor owns before the boundary line is changed;
2784 (vi) a statement citing the file number of a record of a survey map, as defined in
2785 Sections 10-9a-103 and 17-27a-103, that the parties prepare and file, in accordance with
2786 Section 17-23-17, in conjunction with the boundary line agreement; and
2787 (vii) the date of the agreement if the date is not included in the acknowledgment in a
2788 form substantially similar to a quitclaim deed as described in Section 57-1-13; and
2789 (b) prepare an amended plat in accordance with Title 10, Chapter 9a, Part 6,
2790 Subdivisions, or Title 17, Chapter 27a, Part 6, Subdivisions.
2791 (3) A boundary line agreement described in Subsection (1) that complies with
2792 Subsection (2) presumptively:
2793 (a) has no detrimental effect on any easement on the property that is recorded before
2794 the date on which the agreement is executed unless the owner of the property benefitting from
2795 the easement specifically modifies the easement within the boundary line agreement or a
2796 separate recorded easement modification or relinquishment document; and
2797 (b) relocates the parties' common boundary line for an exchange of consideration.
2798 (4) Notwithstanding Title 10, Chapter 9a, Part 6, Subdivisions, Title 17, Chapter 27a,
2799 Part 6, Subdivisions, or the local entity's ordinances or policies, a boundary line agreement is
2800 not subject to:
2801 (a) any public notice, public hearing, or preliminary platting requirement;
2802 (b) the local entity's planning commission review or recommendation; or
2803 (c) an engineering review or approval of the local entity.
2804 Section 50. Section 63I-2-217 is amended to read:
2805 63I-2-217. Repeal dates -- Title 17.
2806 (1) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
2807 planning district" is repealed June 1, 2020.
2808 (2) (a) Subsection [
2809 planning district, is repealed June 1, 2020.
2810 (b) Subsection [
2811 district, is repealed June 1, 2020.
2812 (3) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
2813 district area" is repealed June 1, 2020.
2814 (4) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning district, is
2815 repealed June 1, 2020.
2816 (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
2817 June 1, 2020.
2818 (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
2819 (1)(a) or (c)" is repealed June 1, 2020.
2820 (5) Subsection 17-27a-302(1), the language that states ", or mountainous planning
2821 district" and "or the mountainous planning district," is repealed June 1, 2020.
2822 (6) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
2823 district or" and ", as applicable" is repealed June 1, 2020.
2824 (7) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning district, is
2825 repealed June 1, 2020.
2826 (b) Subsection 17-27a-401(6), regarding a mountainous planning district, is repealed
2827 June 1, 2020.
2828 (8) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning district, is
2829 repealed June 1, 2020.
2830 (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
2831 repealed June 1, 2020.
2832 (c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
2833 district" is repealed June 1, 2020.
2834 (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
2835 district" is repealed June 1, 2020.
2836 (9) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning district, is
2837 repealed June 1, 2020.
2838 (10) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning district, is
2839 repealed June 1, 2020.
2840 (11) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
2841 mountainous planning district, the mountainous planning district" is repealed June 1, 2020.
2842 (12) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning district, is
2843 repealed June 1, 2020.
2844 (13) Subsection 17-27a-605(1), the language that states "or mountainous planning
2845 district land" is repealed June 1, 2020.
2846 (14) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
2847 2020.
2848 (15) On June 1, 2020, when making the changes in this section, the Office of
2849 Legislative Research and General Counsel shall:
2850 (a) in addition to its authority under Subsection 36-12-12(3), make corrections
2851 necessary to ensure that sections and subsections identified in this section are complete
2852 sentences and accurately reflect the office's understanding of the Legislature's intent; and
2853 (b) identify the text of the affected sections and subsections based upon the section and
2854 subsection numbers used in Laws of Utah 2017, Chapter 448.
2855 (16) On June 1, 2020:
2856 (a) Section 17-52a-104 is repealed;
2857 (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
2858 described in Subsection 17-52a-104(2)," is repealed;
2859 (c) Subsection 17-52a-301(3)(a)(vi) is repealed;
2860 (d) in Subsection 17-52a-501(1), the language that states "or, for a county under a
2861 pending process described in Section 17-52a-104, under Section 17-52-204 as that section was
2862 in effect on March 14, 2018," is repealed; and
2863 (e) in Subsection 17-52a-501(3)(a), the language that states "or, for a county under a
2864 pending process described in Section 17-52a-104, the attorney's report that is described in
2865 Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a
2866 statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14,
2867 2018," is repealed.
2868 (17) On January 1, 2028, Subsection 17-52a-102(3) is repealed.
2869 Section 51. Coordinating H.B. 315 with H.B. 119 -- Substantive and technical
2870 amendments.
2871 If this H.B. 315 and H.B. 119, Initiatives, Referenda, and Other Political Activities,
2872 both pass and become law, it is the intent of the Legislature that the Office of Legislative
2873 Research and General Counsel shall prepare the Utah Code database for publication by:
2874 (1) amending Sections 10-9a-103 and 17-27a-103 to:
2875 (a) add a new subsection as follows:
2876 "(2) "Affected owner" means the owner of real property that is:
2877 (a) a single project;
2878 (b) the subject of a land use approval that sponsors of a referendum timely challenged
2879 in accordance with Subsection 20A-7-601(5)(a); and
2880 (c) determined to be legally referable under Section 20A-7-602.8."; and
2881 (b) renumber the remaining subsections accordingly and make necessary changes to
2882 internal cross references;
2883 (2) amending Sections 10-9a-509 and 17-27a-509 to add a new subsection as follows:
2884 "(5) (a) If sponsors of a referendum timely challenge a project in accordance with
2885 Subsection 20A-7-601(5)(a), the project's affected owner may rescind the project's land use
2886 approval by delivering a written notice:
2887 (i) to the local clerk as defined in Section 20A-7-101; and
2888 (ii) no later than seven days after the day on which a petition for a referendum is
2889 determined sufficient under Section 20A-7-607(5).
2890 (b) Upon delivery of a written notice described in Subsection (5)(a) the following are
2891 rescinded and are of no further force or effect:
2892 (i) the relevant land use approval; and
2893 (ii) any land use regulation enacted specifically in relation to the land use approval.";
2894 and
2895 (3) amending Subsection 63I-2-217(2) as follows:
2896 "(2) (a) Subsection [
2897 planning district, is repealed June 1, 2020.
2898 (b) Subsection [
2899 district, is repealed June 1, 2020.".