Senator Kirk A. Cullimore proposes the following substitute bill:


1     
LAND USE AND DEVELOPMENT AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: Kirk A. Cullimore

6     

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[, and];
116          (b) promote the prosperity[,];
117          (c) improve the morals, peace [and], good order, comfort, convenience, and aesthetics
118     of each municipality and [its] each municipality's present and future inhabitants and

119     businesses[, to];
120          (d) protect the tax base[, to];
121          (e) secure economy in governmental expenditures[, to];
122          (f) foster the state's agricultural and other industries[, to];
123          (g) protect both urban and nonurban development[, to];
124          (h) protect and ensure access to sunlight for solar energy devices[, to];
125          (i) provide fundamental fairness in land use regulation[, and to];
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, [municipalities] a municipality may
129     enact all ordinances, resolutions, and rules and may enter into other forms of land use controls
130     and development agreements that [they consider] the municipality considers necessary or
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 [and];
144          (l) width requirements[,];
145          (m) public facilities[,];
146          (n) fundamental fairness in land use regulation[,]; and
147          (o) considerations of surrounding land uses [and the] to balance [of] the foregoing
148     purposes with a landowner's private property interests[, height and location of vegetation, trees,
149     and landscaping, unless expressly prohibited by law] and associated statutory and constitutional

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          [(a)] (i) [pursuant to] in accordance with published installation and inspection
302     specifications for public improvements; and
303          [(b)] (ii) whether the improvement is public or private, as a condition of:
304          [(i)] (A) recording a subdivision plat; [or]

305          (B) obtaining a building permit; or
306          [(ii)] (C) development of a commercial, industrial, mixed use, condominium, or
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          [(33)] (34) (a) "Lot line adjustment" means [the] a relocation of [the property] a lot line
359     boundary [line in a subdivision] between [two] adjoining lots or parcels, whether or not the lots
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          [(34)] (35) "Moderate income housing" means housing occupied or reserved for
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          [(35)] (37) "Nominal fee" means a fee that reasonably reimburses a municipality only
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          [(36)] (38) "Noncomplying structure" means a structure that:
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          [(37)] (39) "Nonconforming use" means a use of land that:
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          [(38)] (40) "Official map" means a map drawn by municipal authorities and recorded in
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          [(39)] (42) (a) "Parcel boundary adjustment" means a recorded agreement between
409     owners of adjoining [properties] parcels adjusting [their] the mutual boundary, either by deed
410     or by a boundary line agreement in accordance with Section 57-1-45, if[: (a)] no additional
411     parcel is created[;] and:
412          [(b)] (i) [each] none of the property identified in the agreement is [unsubdivided land,
413     including a remainder of] subdivided land[.]; or
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          [(40)] (43) "Person" means an individual, corporation, partnership, organization,
420     association, trust, governmental agency, or any other legal entity.
421          [(41)] (44) "Plan for moderate income housing" means a written document adopted by
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          [(42)] (45) "Plat" means a map or other graphical representation of lands [being laid
433     out and prepared] that a licensed professional land surveyor makes and prepares in accordance
434     with Section 10-9a-603[, 17-23-17,] or 57-8-13.
435          [(43)] (46) "Potential geologic hazard area" means an area that:
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          [(44)] (47) "Public agency" means:
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          [(45)] (48) "Public hearing" means a hearing at which members of the public are
449     provided a reasonable opportunity to comment on the subject of the hearing.
450          [(46)] (49) "Public meeting" means a meeting that is required to be open to the public
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          [(47)] (51) "Receiving zone" means an area of a municipality that the municipality
457     designates, by ordinance, as an area in which an owner of land may receive a transferable
458     development right.
459          [(48)] (52) "Record of survey map" means a map of a survey of land prepared in

460     accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
461          [(49)] (53) "Residential facility for persons with a disability" means a residence:
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          [(50)] (54) "Rules of order and procedure" means a set of rules that govern and
468     prescribe in a public meeting:
469          (a) parliamentary order and procedure;
470          (b) ethical behavior; and
471          (c) civil discourse.
472          [(51)] (55) "Sanitary sewer authority" means the department, agency, or public entity
473     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
474     wastewater systems.
475          [(52)] (56) "Sending zone" means an area of a municipality that the municipality
476     designates, by ordinance, as an area from which an owner of land may transfer a transferable
477     development right.
478          [(53)] (57) "Specified public agency" means:
479          (a) the state;
480          (b) a school district; or
481          (c) a charter school.
482          [(54)] (58) "Specified public utility" means an electrical corporation, gas corporation,
483     or telephone corporation, as those terms are defined in Section 54-2-1.
484          [(55)] (59) "State" includes any department, division, or agency of the state.
485          [(56) "Street" means a public right-of-way, including a highway, avenue, boulevard,
486     parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
487     way.]
488          (60) "Subdivided land" means the land, tract, or lot described in a recorded subdivision
489     plat.
490          [(57)] (61) (a) "Subdivision" means any land that is divided, resubdivided, or proposed

491     to be divided into two or more lots[, parcels, sites, units, plots,] or other division of land for the
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 [(57)] (61)(c), divisions of land for residential and
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) [a recorded] an agreement recorded with the county recorder's office between
507     owners of adjoining unsubdivided properties adjusting [their] the mutual boundary by a
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 [unsubdivided] parcel of
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) [a recorded] an agreement between owners of adjoining subdivided properties
518     adjusting [their] the mutual lot line boundary in accordance with Section 10-9a-603 if:
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; [or]
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          [(58)] (62) "Suspect soil" means soil that has:
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          [(59)] (63) "Therapeutic school" means a residential group living facility:
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          [(60)] (64) "Transferable development right" means a right to develop and use land that

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          [(61)] (65) "Unincorporated" means the area outside of the incorporated area of a city
556     or town.
557          [(62)] (66) "Water interest" means any right to the beneficial use of water, including:
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          [(63)] (67) "Zoning map" means a map, adopted as part of a land use ordinance, that
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) [Except as provided in Subsection (2), a municipality may enact a land use
567     regulation imposing stricter requirements or higher standards than are required by this chapter.]
568     This chapter does not prohibit a municipality from adopting the municipality's own land use
569     standards.
570          (2) [A] Notwithstanding Subsection (1), a municipality may not impose a requirement,
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 [proposal] petition to vacate some or all of a public street[, right-of-way,]
576     or municipality utility easement[,] the legislative body shall:
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) [shall be] is:
582          (a) mailed to the record owner of each parcel that is accessed by the public street[,
583     right-of-way,] or municipal utility easement;

584          (b) mailed to each affected entity;
585          (c) posted on or near the public street[, right-of-way,] or municipal utility easement in a
586     manner that is calculated to alert the public; and
587          (d) (i) published [in a newspaper of general circulation in] on the website of the
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          [(1)] (a) a general plan and amendments to the general plan;
595          [(2)] (b) land use regulations;
596          [(3)] (c) an appropriate delegation of power to at least one designated land use
597     authority to hear and act on a land use application;
598          [(4)] (d) an appropriate delegation of power to at least one appeal authority to hear and
599     act on an appeal from a decision of the land use authority; and
600          [(5)] (e) application processes that:
601          [(a)] (i) may include a designation of routine land use matters that, upon application
602     and proper notice, will receive informal streamlined review and action if the application is
603     uncontested; and
604          [(b)] (ii) shall protect the right of each:
605          [(i)] (A) applicant and third party to require formal consideration of any application by
606     a land use authority;
607          [(ii)] (B) applicant, adversely affected party, or municipal officer or employee to appeal
608     a land use authority's decision to a separate appeal authority; and
609          [(iii)] (C) participant to be heard in each public hearing on a contested application.
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 [shall be] is consistent
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) [The] A planning commission shall:
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) [prepare] review and recommend to the legislative body a proposed land use
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) [The] A legislative body shall consider each proposed land use regulation
643     [recommended to the legislative body by] that the planning commission[, and, after]
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 [either]
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, [or] area, or general uses of any zoning district;
658          (b) any regulation of or within the zoning district; or
659          (c) any other provision of a land use regulation.
660          (2) [The] A legislative body may not make any amendment authorized by this section
661     unless the legislative body first submits the amendment [was proposed by the planning
662     commission or was first submitted] to the planning commission for [its] the planning
663     commission's recommendation.
664          (3) [The] A legislative body shall comply with the procedure specified in Section
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 [for preliminary subdivision approval] a requirement that is not expressed in:
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) [A] Except as provided in Subsection (1)(h), a municipality may not withhold
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 [an] a land use
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) [The] except as provided in Subsection (2)(c)(ii), the land use authority shall take
859     final action, approving or denying the application [within 45 days of the written request.]; and
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     [its] the land use authority's determination.
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 [ordinance] municipality's ordinances and

894     this part before:
895          (a) [it] the subdivision plat may be filed [or] and recorded in the county recorder's
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) [The] A planning commission shall:
904          (a) [prepare and recommend a] review and provide a recommendation to the legislative
905     body on any proposed ordinance [to the legislative body] that regulates the subdivision of land
906     in the municipality;
907          (b) [prepare and recommend or consider and recommend a] review and make a
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 [its] the planning
912     commission's final recommendation to the legislative body.
913          (2) (a) [The municipal] A legislative body may adopt, modify, revise, or reject [the] an
914     ordinance [either as proposed by] described in Subsection (1) that the planning commission [or
915     after making any revision the legislative body considers appropriate] recommends.
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 [(2)(e)] (2)(f), the land use authority shall:
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          [(e)] (f) The land use authority shall provide the notice described in Subsection (2)(d)
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 [plat may not be submitted to a] county recorder [for recording] may not
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          [(ii)] (iii) the signature of each owner described in Subsection [(4)(a)(i)] (4)(a)(ii) is
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[: (I)] Title 54, Chapter
1009     8a, Damage to Underground Utility Facilities[; (II)], a recorded easement or right-of-way[;
1010     (III)], the law applicable to prescriptive rights[; or (IV)], or any other provision of law.
1011          (5) (a) [After] Except as provided in Subsection (4)(c), after the plat has been
1012     acknowledged, certified, and approved, the [owner of the land] individual seeking to record 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) [An owner's] A failure to record a plat within the time period designated by
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 [ensure that the] provide completion assurance for:
1030          (i) [provides for] completion of 100% of the required landscaping or infrastructure
1031     improvements; or
1032          (ii) if the municipality has inspected and accepted a portion of the landscaping or
1033     infrastructure improvements, [provides for completion of] 100% of the incomplete or
1034     unaccepted landscaping or infrastructure improvements.
1035          (c) A municipality shall:
1036          (i) establish a minimum of two acceptable forms of completion assurance;
1037          [(i)] (ii) if an applicant elects to post an improvement completion assurance, allow the
1038     applicant to post an assurance that meets the conditions of this title, and any local ordinances;
1039          [(ii)] (iii) establish a system for the partial release of an improvement completion
1040     assurance as portions of required landscaping or infrastructure improvements are completed
1041     and accepted in accordance with local ordinance; and
1042          [(iii)] (iv) issue or deny a building permit in accordance with Section 10-9a-802 based
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)[(i)](ii), the municipality may not deny an applicant a building permit if the development
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, [the land use authority] a
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 [and does not require the dedication of any land for street or other] unless the municipality
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 [in accordance] and that complies with Section 57-3-106.
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[, right-of-way,] or municipal utility easement is also subject to Section
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[, right-of-way,] or municipal utility easement has been vacated or
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          [(1)] (2) A petition to vacate some or all of a public street[, right-of-way,] or municipal
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[, right-of-way,] or municipal utility easement between
1225     the two nearest public street intersections; or
1226          (ii) accessed exclusively by or within 300 feet of the public street[, right-of-way,] or
1227     municipal utility easement; [and]
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          [(b)] (c) the signature of each owner under Subsection [(1)(a)] (2)(a) who consents to
1231     the vacation.
1232          [(2)] (3) If a petition is submitted containing a request to vacate some or all of a public
1233     street[, right-of-way,] or municipal utility easement, the legislative body shall hold a public
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          [(3)] (4) The legislative body may adopt an ordinance granting a petition to vacate
1239     some or all of a public street[, right-of-way,] or municipal utility easement if the legislative
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          [(4)] (5) If the legislative body adopts an ordinance vacating some or all of a public
1244     street[, right-of-way,] or municipal utility easement, the legislative body shall ensure that one
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 [(3)] (4); and
1249          (ii) a legal description of the public street to be vacated.
1250          [(5)] (6) The action of the legislative body vacating some or all of a public street[,
1251     right-of-way,] or municipal utility easement that has been dedicated to public use:
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[, right-of-way,] or municipal utility easement;
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 [franchise] rights of any public utility.
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          [(6) (a) Each municipality that designates a historic preservation district or area shall,
1311     by ordinance, establish or designate a historic preservation appeal authority.]
1312          [(b) A historic preservation appeal authority shall:]
1313          [(i) be comprised of the members of the governing body;]
1314          [(ii) exercise only administrative authority and act in a quasi-judicial manner; and]
1315          [(iii) hear and decide appeals from administrative decisions of the historic preservation
1316     authority.]
1317          [(c) An applicant appealing an administrative decision of the historic preservation
1318     authority may appeal to either:]
1319          [(i) the historic preservation appeal authority; or]
1320          [(ii) the land use appeal authority established under Subsection (1).]
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[, even if the appeal
1338     authority is the].
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[, and];
1447          (ii) promote the prosperity[,];
1448          (iii) improve the morals, peace [and], good order, comfort, convenience, and aesthetics
1449     of each county and [its] each county's present and future inhabitants and businesses[, to];
1450          (iv) protect the tax base[, to];
1451          (v) secure economy in governmental expenditures[, to];

1452          (vi) foster the state's agricultural and other industries[, to];
1453          (vii) protect both urban and nonurban development[, to];
1454          (viii) protect and ensure access to sunlight for solar energy devices[, to];
1455          (ix) provide fundamental fairness in land use regulation[, and to];
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, [counties] a county may enact all
1459     ordinances, resolutions, and rules and may enter into other forms of land use controls and
1460     development agreements that [they consider] the county considers necessary or appropriate for
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[,]; and
1477          (xiv) considerations of surrounding land uses [and the] to balance [of] the foregoing
1478     purposes with a landowner's private property interests[, height and location of vegetation, trees,
1479     and landscaping, unless expressly prohibited by law] and associated statutory and constitutional
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          [(8)] (9) "Culinary water authority" means the department, agency, or public entity with
1546     responsibility to review and approve the feasibility of the culinary water system and sources for
1547     the subject property.
1548          [(9)] (10) "Development activity" means:
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          [(10)] (11) (a) "Disability" means a physical or mental impairment that substantially
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          [(11)] (12) "Educational facility":
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 [(11)(a)(i)]
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 [(11)(a)(i)]

1576     (12)(a)(i); and
1577          (B) used in support of the purposes of a building described in Subsection [(11)(a)(i)]
1578     (12)(a)(i); or
1579          (ii) a therapeutic school.
1580          [(12)] (13) "Fire authority" means the department, agency, or public entity with
1581     responsibility to review and approve the feasibility of fire protection and suppression services
1582     for the subject property.
1583          [(13)] (14) "Flood plain" means land that:
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          [(14)] (15) "Gas corporation" has the same meaning as defined in Section 54-2-1.
1591          [(15)] (16) "General plan" means a document that a county adopts that sets forth
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          [(16)] (17) "Geologic hazard" means:
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          [(17)] (18) "Hookup fee" means a fee for the installation and inspection of any pipe,
1609     line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
1610     utility system.
1611          [(18)] (19) "Identical plans" means building plans submitted to a county that:
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          [(19)] (20) "Impact fee" means a payment of money imposed under Title 11, Chapter
1624     36a, Impact Fees Act.
1625          [(20)] (21) "Improvement completion assurance" means a surety bond, letter of credit,
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          [(21)] (22) "Improvement warranty" means an applicant's unconditional warranty that
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          [(22)] (23) "Improvement warranty period" means a period:

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          [(23)] (24) "Infrastructure improvement" means permanent infrastructure that is
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          [(a)] (i) [pursuant to] in accordance with published installation and inspection
1652     specifications for public improvements; and
1653          [(b)] (ii) as a condition of:
1654          [(i)] (A) recording a subdivision plat; [or]
1655          (B) obtaining a building permit; or
1656          [(ii)] (C) [development of] developing a commercial, industrial, mixed use,
1657     condominium, or multifamily project.
1658          [(24)] (25) "Internal lot restriction" means a platted note, platted demarcation, or
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          [(25)] (26) "Interstate pipeline company" means a person or entity engaged in natural
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          [(26)] (27) "Intrastate pipeline company" means a person or entity engaged in natural

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          [(27)] (28) "Land use applicant" means a property owner, or the property owner's
1672     designee, who submits a land use application regarding the property owner's land.
1673          [(28)] (29) "Land use application":
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          [(29)] (30) "Land use authority" means:
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          [(30)] (31) "Land use decision" means an administrative decision of a land use
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          [(31)] (32) "Land use permit" means a permit issued by a land use authority.
1690          [(32)] (33) "Land use regulation":
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          [(33)] (34) "Legislative body" means the county legislative body, or for a county that
1703     has adopted an alternative form of government, the body exercising legislative powers.
1704          [(34)] (35) "Local district" means any entity under Title 17B, Limited Purpose Local
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          [(35)] (37) (a) "Lot line adjustment" means [the] a relocation of [the property] a lot line
1710     boundary [line in a subdivision] between [two] adjoining lots or parcels, whether or not the lots
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          [(36)] (38) "Moderate income housing" means housing occupied or reserved for
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          [(37)] (39) "Mountainous planning district" means an area:
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          [(38)] (40) "Nominal fee" means a fee that reasonably reimburses a county only for
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          [(39)] (41) "Noncomplying structure" means a structure that:
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          [(40)] (42) "Nonconforming use" means a use of land that:
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          [(41)] (43) "Official map" means a map drawn by county authorities and recorded in
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          [(42)] (45) (a) "Parcel boundary adjustment" means a recorded agreement between
1750     owners of adjoining [properties] parcels adjusting [their] the mutual boundary, either by deed
1751     or by a boundary line agreement in accordance with Section 57-1-45, if[: (a) ] no additional
1752     parcel is created[;] and:
1753          [(b)] (i) [each] none of the property identified in the agreement is [unsubdivided land,
1754     including a remainder of] subdivided land[.]; or
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          [(43)] (46) "Person" means an individual, corporation, partnership, organization,
1761     association, trust, governmental agency, or any other legal entity.

1762          [(44)] (47) "Plan for moderate income housing" means a written document adopted by
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          [(45)] (48) "Planning advisory area" means a contiguous, geographically defined
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          [(46)] (49) "Plat" means a map or other graphical representation of lands [being laid
1779     out and prepared] that a licensed professional land surveyor makes and prepares in accordance
1780     with Section 17-27a-603[, 17-23-17,] or 57-8-13.
1781          [(47)] (50) "Potential geologic hazard area" means an area that:
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          [(48)] (51) "Public agency" means:
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          [(49)] (52) "Public hearing" means a hearing at which members of the public are
1795     provided a reasonable opportunity to comment on the subject of the hearing.
1796          [(50)] (53) "Public meeting" means a meeting that is required to be open to the public
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          [(51)] (55) "Receiving zone" means an unincorporated area of a county that the county
1803     designates, by ordinance, as an area in which an owner of land may receive a transferable
1804     development right.
1805          [(52)] (56) "Record of survey map" means a map of a survey of land prepared in
1806     accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1807          [(53)] (57) "Residential facility for persons with a disability" means a residence:
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          [(54)] (58) "Rules of order and procedure" means a set of rules that govern and
1814     prescribe in a public meeting:
1815          (a) parliamentary order and procedure;
1816          (b) ethical behavior; and
1817          (c) civil discourse.
1818          [(55)] (59) "Sanitary sewer authority" means the department, agency, or public entity
1819     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1820     wastewater systems.
1821          [(56)] (60) "Sending zone" means an unincorporated area of a county that the county
1822     designates, by ordinance, as an area from which an owner of land may transfer a transferable
1823     development right.

1824          [(57)] (61) "Site plan" means a document or map that may be required by a county
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          [(58)] (62) "Specified public agency" means:
1828          (a) the state;
1829          (b) a school district; or
1830          (c) a charter school.
1831          [(59)] (63) "Specified public utility" means an electrical corporation, gas corporation,
1832     or telephone corporation, as those terms are defined in Section 54-2-1.
1833          [(60)] (64) "State" includes any department, division, or agency of the state.
1834          [(61) "Street" means a public right-of-way, including a highway, avenue, boulevard,
1835     parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other
1836     way.]
1837          (65) "Subdivided land" means the land, tract, or lot described in a recorded subdivision
1838     plat.
1839          [(62)] (66) (a) "Subdivision" means any land that is divided, resubdivided, or proposed
1840     to be divided into two or more lots[, parcels, sites, units, plots,] or other division of land for the
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 [(62)] (66)(c), divisions of land for residential and
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) [a recorded] an agreement recorded with the county recorder's office between
1853     owners of adjoining properties adjusting [their] the mutual boundary by a boundary line
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 [unsubdivided] parcel of
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) [a recorded] an agreement between owners of adjoining subdivided properties
1870     adjusting [their] the mutual lot line boundary in accordance with Section 10-9a-603 if:
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; [or]
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 [(62)] (66) as to
1882     the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
1883     subdivision ordinance.
1884          [(63)] (67) "Suspect soil" means soil that has:
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          [(64)] (68) "Therapeutic school" means a residential group living facility:
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          [(65)] (69) "Transferable development right" means a right to develop and use land that
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          [(66)] (70) "Unincorporated" means the area outside of the incorporated area of a
1908     municipality.
1909          [(67)] (71) "Water interest" means any right to the beneficial use of water, including:
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          [(68)] (72) "Zoning map" means a map, adopted as part of a land use ordinance, that
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) [Except as provided in Subsection (2), a county may enact a land use regulation
1919     imposing stricter requirements or higher standards than are required by this chapter.] This
1920     chapter does not prohibit a county from adopting the county's own land use standards.
1921          (2) [A] Notwithstanding Subsection (1), a county may not impose a requirement,
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 [proposal] petition to vacate some or all of a public street[, right-of-way,]
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) [shall be] is:
1933          (a) mailed to the record owner of each parcel that is accessed by the public street[,
1934     right-of-way,] or county utility easement;
1935          (b) mailed to each affected entity;
1936          (c) posted on or near the public street[, right-of-way,] or county utility easement in a
1937     manner that is calculated to alert the public; and
1938          (d) (i) published [in a newspaper of general circulation in] on the website of the county
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          [(1)] (a) a general plan and amendments to the general plan;

1948          [(2)] (b) land use regulations;
1949          [(3)] (c) an appropriate delegation of power to at least one designated land use
1950     authority to hear and act on a land use application;
1951          [(4)] (d) an appropriate delegation of power to at least one appeal authority to hear and
1952     act on an appeal from a decision of the land use authority; and
1953          [(5)] (e) application processes that:
1954          [(a)] (i) may include a designation of routine land use matters that, upon application
1955     and proper notice, will receive informal streamlined review and action if the application is
1956     uncontested; and
1957          [(b)] (ii) shall protect the right of each:
1958          [(i)] (A) applicant and third party to require formal consideration of any application by
1959     a land use authority;
1960          [(ii)] (B) applicant, adversely affected party, or county officer or employee to appeal a
1961     land use authority's decision to a separate appeal authority; and
1962          [(iii)] (C) participant to be heard in each public hearing on a contested application.
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) [The] A planning commission shall:
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) [prepare] review and recommend to the legislative body a proposed land use
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     [recommended to the legislative body by] that the planning commission[, and, after]
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     [either] described in Subsection (2)(a):
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, [or] area, or general uses of any zoning district;
2012          (b) any regulation of or within the zoning district; or
2013          (c) any other provision of a land use regulation.
2014          (2) [The] A legislative body may not make any amendment authorized by this section
2015     unless the legislative body first submits the amendment [was proposed by the planning
2016     commission or is first submitted] to the planning commission for [its] the planning
2017     commission's recommendation.
2018          (3) [The] A legislative body shall comply with the procedure specified in Section
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 [for preliminary subdivision approval] a requirement that is not expressed:
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) [A] Except as provided in Subsection (1)(h), a county may not withhold issuance of
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 [an] a land use
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) [The] except as provided in Subsection (2)(c)(ii), the land use authority shall take
2156     final action, approving or denying the application [within 45 days of the written request.]; and
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     [its] the land use authority's determination.
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 [ordinance] county's ordinances and this part before:
2191          (a) [it] the subdivision plat may be filed [or] and recorded in the county recorder's
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) [The] A planning commission shall:
2200          (a) [prepare and recommend a] review and provide a recommendation to the legislative
2201     body on any proposed ordinance [to the legislative body] that regulates the subdivision of land
2202     in the municipality;
2203          (b) [prepare and recommend or consider and recommend a] review and make a
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 [its] the planning
2209     commission's final recommendation to the legislative body.
2210          (2) (a) [The county] A legislative body may adopt, modify, revise, or reject [the] an
2211     ordinance [either as proposed by] described in Subsection (1) that the planning commission [or
2212     after making any revision the county legislative body considers appropriate] recommends.
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)[(e)](f), the land use authority shall:
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          [(e)] (f) The land use authority shall provide the notice described in Subsection (2)(d)
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 [plat may not be submitted to a] county recorder [for recording] may not
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          [(ii)] (iii) the signature of each owner described in Subsection [(4)(a)(i)] (4)(a)(ii) is
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[: (I)] Title 54, Chapter
2306     8a, Damage to Underground Utility Facilities[; (II)], a recorded easement or right-of-way[;
2307     (III)], the law applicable to prescriptive rights[; or (IV)], or any other provision of law.
2308          (5) (a) [After] Except as provided in Subsection (4)(c), after the plat has been
2309     acknowledged, certified, and approved, the [owner of the land] individual seeking to record 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) [An owner's] A failure to record a plat within the time period designated by
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 [ensure that the] provide completion assurance for:
2327          (i) [provides for] completion of 100% of the required landscaping or infrastructure
2328     improvements; or
2329          (ii) if the county has inspected and accepted a portion of the landscaping or
2330     infrastructure improvements, [provides for completion of] 100% of the incomplete or
2331     unaccepted landscaping or infrastructure improvements.
2332          (c) A county shall:
2333          (i) establish a minimum of two acceptable forms of completion assurance;
2334          [(i)] (ii) if an applicant elects to post an improvement completion assurance, allow the
2335     applicant to post an assurance that meets the conditions of this title, and any local ordinances;
2336          [(ii)] (iii) establish a system for the partial release of an improvement completion
2337     assurance as portions of required landscaping or infrastructure improvements are completed
2338     and accepted in accordance with local ordinance; and
2339          [(iii)] (iv) issue or deny a building permit in accordance with Section 17-27a-802 based
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)[(i)](ii),
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, [the land use authority] a
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 [and does not require the dedication of any land for street or other] unless the county has
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 [in accordance] and that complies with Section 57-3-106.
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[, right-of-way,] or county utility easement is also subject to Section 17-27a-609.5.
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[, right-of-way,] or county utility easement has been vacated or
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          [(1)] (2) A petition to vacate some or all of a public street[, right-of-way,] or county
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[, right-of-way,] or county utility easement between the
2582     two nearest public street intersections; or
2583          (ii) accessed exclusively by or within 300 feet of the public street[, right-of-way,] or
2584     county utility easement; [and]
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          [(b)] (c) the signature of each owner under Subsection [(1)] (2)(a) who consents to the
2588     vacation.
2589          [(2)] (3) If a petition is submitted containing a request to vacate some or all of a public
2590     street[, right-of-way,] or county utility easement, the legislative body shall hold a public
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          [(3)] (4) The legislative body may adopt an ordinance granting a petition to vacate
2596     some or all of a public street[, right-of-way,] or county utility easement if the legislative body
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          [(4)] (5) If the legislative body adopts an ordinance vacating some or all of a public
2601     street[, right-of-way,] or county utility easement, the legislative body shall ensure that one or
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 [(3)] (4); and
2606          (ii) a legal description of the public street to be vacated.
2607          [(5)] (6) The action of the legislative body vacating some or all of a public street[,
2608     right-of-way,] or county utility easement that has been dedicated to public use:
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 [franchise] rights of any public utility.
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[, even if the appeal
2644     authority is the].
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     
"QUITCLAIM DEED

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) [For a] A boundary line agreement operating as a quitclaim deed [as] shall meet the
2761     requirements described in Section 57-1-45[, the boundary line agreement shall include, in
2762     addition to a legal description of the agreed upon boundary line:].
2763          [(a) the signature of each grantor;]
2764          [(b) a sufficient acknowledgment for each grantor's signature; and]
2765          [(c) the address of each grantee for assessment purposes.]
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 [designating] of land that designates the
2771     boundary line between [their properties, when recorded in the office of the recorder of the
2772     county in which the property is located, shall act] the adjoining properties acts as a quitclaim
2773     deed [and] to convey all of each party's right, title, interest, and estate in property outside the
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) [A] Adjoining property owners executing a boundary line agreement described in
2777     Subsection (1) shall [include]:
2778          (a) ensure that the agreement includes:
2779          [(a)] (i) a legal description of the agreed upon boundary line;
2780          [(b)] (ii) the name and signature of each grantor that is party to the agreement;
2781          [(c)] (iii) a sufficient acknowledgment for each grantor's signature; [and]
2782          [(d)] (iv) the address of each grantee for assessment purposes[.];
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 [17-27a-103(15)(b)] 17-27a-103(16)(b), regarding a mountainous
2809     planning district, is repealed June 1, 2020.
2810          (b) Subsection [17-27a-103(37)] 17-27a-103(39), regarding a mountainous planning
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 [17-27a-103(15)(b)] 17-27a-103(17)(b), regarding a mountainous
2897     planning district, is repealed June 1, 2020.
2898          (b) Subsection [17-27a-103(37)] 17-27a-103(40), regarding a mountainous planning
2899     district, is repealed June 1, 2020.".