This document includes House Floor Amendments incorporated into the bill on Tue, Mar 3, 2020 at 11:42 AM by naomigarrow.
Representative Logan Wilde proposes the following substitute bill:


1     
LAND USE DEVELOPMENT AND MANAGEMENT REVISIONS

2     
2020 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 revises provisions applicable to municipal and county land use development
10     and management.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines and modifies terms;
14          ▸     modifies requirements applicable to certain land use recommendations made by a
15     planning commission;
16          ▸     modifies provisions applicable to certain exemptions from local plat requirements;
17          ▸     modifies provisions applicable to a petition for a subdivision amendment;
18          ▸     clarifies the powers of certain public utilities;
19          ▸     limits the right to appeal the decision of a land use authority to certain persons; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          10-9a-103, as last amended by Laws of Utah 2019, Chapters 327, 384 and last amended
28     by Coordination Clause, Laws of Utah 2019, Chapter 384
29          10-9a-302, as last amended by Laws of Utah 2019, Chapter 384
30          10-9a-404, as last amended by Laws of Utah 2018, Chapter 218
31          10-9a-408, as last amended by Laws of Utah 2019, Chapter 327
32          10-9a-509, as last amended by Laws of Utah 2019, Chapter 384 and last amended by
33     Coordination Clause, Laws of Utah 2019, Chapter 384
34          10-9a-603, as last amended by Laws of Utah 2019, Chapters 35 and 384
35          10-9a-604, as last amended by Laws of Utah 2019, Chapter 35
36          10-9a-605, as last amended by Laws of Utah 2019, Chapter 384
37          10-9a-608, as last amended by Laws of Utah 2019, Chapter 384
38          10-9a-609.5, as last amended by Laws of Utah 2019, Chapter 384
39          10-9a-611, as last amended by Laws of Utah 2016, Chapter 303
40          10-9a-701, as last amended by Laws of Utah 2019, Chapter 384
41          10-9a-703, as last amended by Laws of Utah 2017, Chapter 17
42          10-9a-704, as last amended by Laws of Utah 2017, Chapter 17
43          10-9a-801, as last amended by Laws of Utah 2019, Chapter 384
44          10-9a-802, as last amended by Laws of Utah 2019, Chapter 384
45          17-27a-103, as last amended by Laws of Utah 2019, Chapters 327, 384 and last
46     amended by Coordination Clause, Laws of Utah 2019, Chapter 384
47          17-27a-302, as last amended by Laws of Utah 2019, Chapter 384
48          17-27a-404, as last amended by Laws of Utah 2018, Chapter 218
49          17-27a-408, as last amended by Laws of Utah 2019, Chapter 327
50          17-27a-603, as last amended by Laws of Utah 2019, Chapters 35 and 384
51          17-27a-604, as last amended by Laws of Utah 2019, Chapter 35
52          17-27a-605, as last amended by Laws of Utah 2019, Chapter 384
53          17-27a-608, as last amended by Laws of Utah 2019, Chapter 384
54          17-27a-609.5, as last amended by Laws of Utah 2019, Chapter 384
55          17-27a-611, as renumbered and amended by Laws of Utah 2005, Chapter 254
56          17-27a-701, as last amended by Laws of Utah 2011, Chapter 92

57          17-27a-703, as last amended by Laws of Utah 2009, Chapter 356
58          17-27a-704, as last amended by Laws of Utah 2006, Chapter 240
59          17-27a-801, as last amended by Laws of Utah 2019, Chapter 384
60          17-27a-802, as last amended by Laws of Utah 2019, Chapter 384
61          63I-2-217, as last amended by Laws of Utah 2019, Chapters 136, 252, 327, 384, 510
62     and last amended by Coordination Clause, Laws of Utah 2019, Chapter 384
63          63J-4-607, as last amended by Laws of Utah 2019, Chapter 246
64     ENACTS:
65          10-9a-529, Utah Code Annotated 1953
66     

67     Be it enacted by the Legislature of the state of Utah:
68          Section 1. Section 10-9a-103 is amended to read:
69          10-9a-103. Definitions.
70          As used in this chapter:
71          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
72     detached from a primary single-family dwelling and contained on one lot.
73          (2) "Adversely affected party" means a person other than a land use applicant who:
74          (a) owns real property adjoining the property that is the subject of a land use
75     application or land use decision; or
76          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
77     general community as a result of the land use decision.
78          [(2)] (3) "Affected entity" means a county, municipality, local district, special service
79     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
80     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
81     public utility, property owner, property owners association, or the Utah Department of
82     Transportation, if:
83          (a) the entity's services or facilities are likely to require expansion or significant
84     modification because of an intended use of land;
85          (b) the entity has filed with the municipality a copy of the entity's general or long-range
86     plan; or
87          (c) the entity has filed with the municipality a request for notice during the same

88     calendar year and before the municipality provides notice to an affected entity in compliance
89     with a requirement imposed under this chapter.
90          [(3)] (4) "Affected owner" means the owner of real property that is:
91          (a) a single project;
92          (b) the subject of a land use approval that sponsors of a referendum timely challenged
93     in accordance with Subsection 20A-7-601(5)(a); and
94          (c) determined to be legally referable under Section 20A-7-602.8.
95          [(4)] (5) "Appeal authority" means the person, board, commission, agency, or other
96     body designated by ordinance to decide an appeal of a decision of a land use application or a
97     variance.
98          [(5)] (6) "Billboard" means a freestanding ground sign located on industrial,
99     commercial, or residential property if the sign is designed or intended to direct attention to a
100     business, product, or service that is not sold, offered, or existing on the property where the sign
101     is located.
102          [(6)] (7) (a) "Charter school" means:
103          (i) an operating charter school;
104          (ii) a charter school applicant that has its application approved by a charter school
105     authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
106          (iii) an entity that is working on behalf of a charter school or approved charter
107     applicant to develop or construct a charter school building.
108          (b) "Charter school" does not include a therapeutic school.
109          [(7)] (8) "Conditional use" means a land use that, because of its unique characteristics
110     or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not
111     be compatible in some areas or may be compatible only if certain conditions are required that
112     mitigate or eliminate the detrimental impacts.
113          [(8)] (9) "Constitutional taking" means a governmental action that results in a taking of
114     private property so that compensation to the owner of the property is required by the:
115          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
116          (b) Utah Constitution Article I, Section 22.
117          [(9)] (10) "Culinary water authority" means the department, agency, or public entity
118     with responsibility to review and approve the feasibility of the culinary water system and

119     sources for the subject property.
120          [(10)] (11) "Development activity" means:
121          (a) any construction or expansion of a building, structure, or use that creates additional
122     demand and need for public facilities;
123          (b) any change in use of a building or structure that creates additional demand and need
124     for public facilities; or
125          (c) any change in the use of land that creates additional demand and need for public
126     facilities.
127          [(11)] (12) (a) "Disability" means a physical or mental impairment that substantially
128     limits one or more of a person's major life activities, including a person having a record of such
129     an impairment or being regarded as having such an impairment.
130          (b) "Disability" does not include current illegal use of, or addiction to, any federally
131     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
132     802.
133          [(12)] (13) "Educational facility":
134          (a) means:
135          (i) a school district's building at which pupils assemble to receive instruction in a
136     program for any combination of grades from preschool through grade 12, including
137     kindergarten and a program for children with disabilities;
138          (ii) a structure or facility:
139          (A) located on the same property as a building described in Subsection [(12)]
140     (13)(a)(i); and
141          (B) used in support of the use of that building; and
142          (iii) a building to provide office and related space to a school district's administrative
143     personnel; and
144          (b) does not include:
145          (i) land or a structure, including land or a structure for inventory storage, equipment
146     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
147          (A) not located on the same property as a building described in Subsection [(12)]
148     (13)(a)(i); and
149          (B) used in support of the purposes of a building described in Subsection [(12)]

150     (13)(a)(i); or
151          (ii) a therapeutic school.
152          [(13)] (14) "Fire authority" means the department, agency, or public entity with
153     responsibility to review and approve the feasibility of fire protection and suppression services
154     for the subject property.
155          [(14)] (15) "Flood plain" means land that:
156          (a) is within the 100-year flood plain designated by the Federal Emergency
157     Management Agency; or
158          (b) has not been studied or designated by the Federal Emergency Management Agency
159     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
160     the land has characteristics that are similar to those of a 100-year flood plain designated by the
161     Federal Emergency Management Agency.
162          [(15)] (16) "General plan" means a document that a municipality adopts that sets forth
163     general guidelines for proposed future development of the land within the municipality.
164          [(16)] (17) "Geologic hazard" means:
165          (a) a surface fault rupture;
166          (b) shallow groundwater;
167          (c) liquefaction;
168          (d) a landslide;
169          (e) a debris flow;
170          (f) unstable soil;
171          (g) a rock fall; or
172          (h) any other geologic condition that presents a risk:
173          (i) to life;
174          (ii) of substantial loss of real property; or
175          (iii) of substantial damage to real property.
176          [(17)] (18) "Historic preservation authority" means a person, board, commission, or
177     other body designated by a legislative body to:
178          (a) recommend land use regulations to preserve local historic districts or areas; and
179          (b) administer local historic preservation land use regulations within a local historic
180     district or area.

181          [(18)] (19) "Hookup fee" means a fee for the installation and inspection of any pipe,
182     line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or
183     other utility system.
184          [(19)] (20) "Identical plans" means building plans submitted to a municipality that:
185          (a) are clearly marked as "identical plans";
186          (b) are substantially identical to building plans that were previously submitted to and
187     reviewed and approved by the municipality; and
188          (c) describe a building that:
189          (i) is located on land zoned the same as the land on which the building described in the
190     previously approved plans is located;
191          (ii) is subject to the same geological and meteorological conditions and the same law
192     as the building described in the previously approved plans;
193          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
194     and approved by the municipality; and
195          (iv) does not require any additional engineering or analysis.
196          [(20)] (21) "Impact fee" means a payment of money imposed under Title 11, Chapter
197     36a, Impact Fees Act.
198          [(21)] (22) "Improvement completion assurance" means a surety bond, letter of credit,
199     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
200     by a municipality to guaranty the proper completion of landscaping or an infrastructure
201     improvement required as a condition precedent to:
202          (a) recording a subdivision plat; or
203          (b) development of a commercial, industrial, mixed use, or multifamily project.
204          [(22)] (23) "Improvement warranty" means an applicant's unconditional warranty that
205     the applicant's installed and accepted landscaping or infrastructure improvement:
206          (a) complies with the municipality's written standards for design, materials, and
207     workmanship; and
208          (b) will not fail in any material respect, as a result of poor workmanship or materials,
209     within the improvement warranty period.
210          [(23)] (24) "Improvement warranty period" means a period:
211          (a) no later than one year after a municipality's acceptance of required landscaping; or

212          (b) no later than one year after a municipality's acceptance of required infrastructure,
213     unless the municipality:
214          (i) determines for good cause that a one-year period would be inadequate to protect the
215     public health, safety, and welfare; and
216          (ii) has substantial evidence, on record:
217          (A) of prior poor performance by the applicant; or
218          (B) that the area upon which the infrastructure will be constructed contains suspect soil
219     and the municipality has not otherwise required the applicant to mitigate the suspect soil.
220          [(24)] (25) "Infrastructure improvement" means permanent infrastructure that is
221     essential for the public health and safety or that:
222          (a) is required for human occupation; and
223          (b) an applicant must install:
224          (i) in accordance with published installation and inspection specifications for public
225     improvements; and
226          (ii) whether the improvement is public or private, as a condition of:
227          (A) recording a subdivision plat;
228          (B) obtaining a building permit; or
229          (C) development of a commercial, industrial, mixed use, condominium, or multifamily
230     project.
231          [(25)] (26) "Internal lot restriction" means a platted note, platted demarcation, or
232     platted designation that:
233          (a) runs with the land; and
234          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
235     the plat; or
236          (ii) designates a development condition that is enclosed within the perimeter of a lot
237     described on the plat.
238          [(26)] (27) "Land use applicant" means a property owner, or the property owner's
239     designee, who submits a land use application regarding the property owner's land.
240          [(27)] (28) "Land use application":
241          (a) means an application that is:
242          (i) required by a municipality; and

243          (ii) submitted by a land use applicant to obtain a land use decision; and
244          (b) does not mean an application to enact, amend, or repeal a land use regulation.
245          [(28)] (29) "Land use authority" means:
246          (a) a person, board, commission, agency, or body, including the local legislative body,
247     designated by the local legislative body to act upon a land use application; or
248          (b) if the local legislative body has not designated a person, board, commission,
249     agency, or body, the local legislative body.
250          [(29)] (30) "Land use decision" means an administrative decision of a land use
251     authority or appeal authority regarding:
252          (a) a land use permit;
253          (b) a land use application; or
254          (c) the enforcement of a land use regulation, land use permit, or development
255     agreement.
256          [(30)] (31) "Land use permit" means a permit issued by a land use authority.
257          [(31)] (32) "Land use regulation":
258          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
259     specification, fee, or rule that governs the use or development of land;
260          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
261     and
262          (c) does not include:
263          (i) a land use decision of the legislative body acting as the land use authority, even if
264     the decision is expressed in a resolution or ordinance; or
265          (ii) a temporary revision to an engineering specification that does not materially:
266          (A) increase a land use applicant's cost of development compared to the existing
267     specification; or
268          (B) impact a land use applicant's use of land.
269          [(32)] (33) "Legislative body" means the municipal council.
270          [(33)] (34) "Local district" means an entity under Title 17B, Limited Purpose Local
271     Government Entities - Local Districts, and any other governmental or quasi-governmental
272     entity that is not a county, municipality, school district, or the state.
273          [(34)] (35) "Local historic district or area" means a geographically definable area that:

274          (a) contains any combination of buildings, structures, sites, objects, landscape features,
275     archeological sites, or works of art that contribute to the historic preservation goals of a
276     legislative body; and
277          (b) is subject to land use regulations to preserve the historic significance of the local
278     historic district or area.
279          [(35)] (36) "Lot" means a tract of land, regardless of any label, that is created by and
280     shown on a subdivision plat that has been recorded in the office of the county recorder.
281          [(36)] (37) (a) "Lot line adjustment" means a relocation of a lot line boundary between
282     adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
283     accordance with Section 10-9a-608, with the consent of the owners of record.
284          (b) "Lot line adjustment" does not mean a new boundary line that:
285          (i) creates an additional lot; or
286          (ii) constitutes a subdivision.
287          [(37)] (38) "Major transit investment corridor" means public transit service that uses or
288     occupies:
289          (a) public transit rail right-of-way;
290          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
291     or
292          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
293     municipality or county and:
294          (i) a public transit district as defined in Section 17B-2a-802; or
295          (ii) an eligible political subdivision as defined in Section 59-12-2219.
296          [(38)] (39) "Moderate income housing" means housing occupied or reserved for
297     occupancy by households with a gross household income equal to or less than 80% of the
298     median gross income for households of the same size in the county in which the city is located.
299          [(39)] (40) "Municipal utility easement" means an easement that:
300          (a) is created or depicted on a plat recorded in a county recorder's office and is
301     described as a municipal utility easement [or otherwise as a utility easement] granted for public
302     use;
303          (b) is not a protected utility easement or a public utility easement as defined in Section
304     54-3-27;

305          [(c) the municipality or the municipality's affiliated governmental entity owns or
306     creates; and]
307          [(d) (i) either:]
308          [(A) no person uses or occupies; or]
309          [(B)] (c) the municipality or the municipality's affiliated governmental entity uses and
310     occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
311     water, or communications or data lines; [or]
312          [(ii) a person uses or occupies with or without an authorized franchise or other
313     agreement with the municipality.]
314          (d) is used or occupied with the consent of the municipality in accordance with an
315     authorized franchise or other agreement;
316          (e) (i) is used or occupied by a specified public utility in accordance with an authorized
317     franchise or other agreement; and
318          (ii) is located in a utility easement Ĥ→ [
dedicated] granted ←Ĥ for public use; or
319          (f) is described in Section 10-9a-529 and is used by a specified public utility.
320          [(40)] (41) "Nominal fee" means a fee that reasonably reimburses a municipality only
321     for time spent and expenses incurred in:
322          (a) verifying that building plans are identical plans; and
323          (b) reviewing and approving those minor aspects of identical plans that differ from the
324     previously reviewed and approved building plans.
325          [(41)] (42) "Noncomplying structure" means a structure that:
326          (a) legally existed before its current land use designation; and
327          (b) because of one or more subsequent land use ordinance changes, does not conform
328     to the setback, height restrictions, or other regulations, excluding those regulations, which
329     govern the use of land.
330          [(42)] (43) "Nonconforming use" means a use of land that:
331          (a) legally existed before its current land use designation;
332          (b) has been maintained continuously since the time the land use ordinance governing
333     the land changed; and
334          (c) because of one or more subsequent land use ordinance changes, does not conform
335     to the regulations that now govern the use of the land.

336          [(43)] (44) "Official map" means a map drawn by municipal authorities and recorded in
337     a county recorder's office that:
338          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
339     highways and other transportation facilities;
340          (b) provides a basis for restricting development in designated rights-of-way or between
341     designated setbacks to allow the government authorities time to purchase or otherwise reserve
342     the land; and
343          (c) has been adopted as an element of the municipality's general plan.
344          [(44)] (45) "Parcel" means any real property that is not a lot created by and shown on a
345     subdivision plat recorded in the office of the county recorder.
346          [(45)] (46) (a) "Parcel boundary adjustment" means a recorded agreement between
347     owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
348     line agreement in accordance with Section 57-1-45, if no additional parcel is created and:
349          (i) none of the property identified in the agreement is subdivided land; or
350          (ii) the adjustment is to the boundaries of a single person's parcels.
351          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
352     line that:
353          (i) creates an additional parcel; or
354          (ii) constitutes a subdivision.
355          [(46)] (47) "Person" means an individual, corporation, partnership, organization,
356     association, trust, governmental agency, or any other legal entity.
357          [(47)] (48) "Plan for moderate income housing" means a written document adopted by
358     a municipality's legislative body that includes:
359          (a) an estimate of the existing supply of moderate income housing located within the
360     municipality;
361          (b) an estimate of the need for moderate income housing in the municipality for the
362     next five years;
363          (c) a survey of total residential land use;
364          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
365     income housing; and
366          (e) a description of the municipality's program to encourage an adequate supply of

367     moderate income housing.
368          [(48)] (49) "Plat" means a map or other graphical representation of lands that a licensed
369     professional land surveyor makes and prepares in accordance with Section 10-9a-603 or
370     57-8-13.
371          [(49)] (50) "Potential geologic hazard area" means an area that:
372          (a) is designated by a Utah Geological Survey map, county geologist map, or other
373     relevant map or report as needing further study to determine the area's potential for geologic
374     hazard; or
375          (b) has not been studied by the Utah Geological Survey or a county geologist but
376     presents the potential of geologic hazard because the area has characteristics similar to those of
377     a designated geologic hazard area.
378          [(50)] (51) "Public agency" means:
379          (a) the federal government;
380          (b) the state;
381          (c) a county, municipality, school district, local district, special service district, or other
382     political subdivision of the state; or
383          (d) a charter school.
384          [(51)] (52) "Public hearing" means a hearing at which members of the public are
385     provided a reasonable opportunity to comment on the subject of the hearing.
386          [(52)] (53) "Public meeting" means a meeting that is required to be open to the public
387     under Title 52, Chapter 4, Open and Public Meetings Act.
388          [(53)] (54) "Public street" means a public right-of-way, including a public highway,
389     public avenue, public boulevard, public parkway, public road, public lane, [public trail or
390     walk,] public alley, public viaduct, public subway, public tunnel, public bridge, public byway,
391     other public transportation easement, or other public way.
392          [(54)] (55) "Receiving zone" means an area of a municipality that the municipality
393     designates, by ordinance, as an area in which an owner of land may receive a transferable
394     development right.
395          [(55)] (56) "Record of survey map" means a map of a survey of land prepared in
396     accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
397          [(56)] (57) "Residential facility for persons with a disability" means a residence:

398          (a) in which more than one person with a disability resides; and
399          (b) (i) which is licensed or certified by the Department of Human Services under Title
400     62A, Chapter 2, Licensure of Programs and Facilities; or
401          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
402     21, Health Care Facility Licensing and Inspection Act.
403          [(57)] (58) "Rules of order and procedure" means a set of rules that govern and
404     prescribe in a public meeting:
405          (a) parliamentary order and procedure;
406          (b) ethical behavior; and
407          (c) civil discourse.
408          [(58)] (59) "Sanitary sewer authority" means the department, agency, or public entity
409     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
410     wastewater systems.
411          [(59)] (60) "Sending zone" means an area of a municipality that the municipality
412     designates, by ordinance, as an area from which an owner of land may transfer a transferable
413     development right.
414          [(60)] (61) "Specified public agency" means:
415          (a) the state;
416          (b) a school district; or
417          (c) a charter school.
418          [(61)] (62) "Specified public utility" means an electrical corporation, gas corporation,
419     or telephone corporation, as those terms are defined in Section 54-2-1.
420          [(62)] (63) "State" includes any department, division, or agency of the state.
421          [(63)] (64) "Subdivided land" means the land, tract, or lot described in a recorded
422     subdivision plat.
423          [(64)] (65) (a) "Subdivision" means any land that is divided, resubdivided, or proposed
424     to be divided into two or more lots or other division of land for the purpose, whether
425     immediate or future, for offer, sale, lease, or development either on the installment plan or
426     upon any and all other plans, terms, and conditions.
427          (b) "Subdivision" includes:
428          (i) the division or development of land whether by deed, metes and bounds description,

429     devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
430     includes all or a portion of a parcel or lot; and
431          (ii) except as provided in Subsection [(64)] (65)(c), divisions of land for residential and
432     nonresidential uses, including land used or to be used for commercial, agricultural, and
433     industrial purposes.
434          (c) "Subdivision" does not include:
435          (i) a bona fide division or partition of agricultural land for the purpose of joining one of
436     the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
437     neither the resulting combined parcel nor the parcel remaining from the division or partition
438     violates an applicable land use ordinance;
439          (ii) an agreement recorded with the county recorder's office between owners of
440     adjoining unsubdivided properties adjusting the mutual boundary by a boundary line agreement
441     in accordance with Section 57-1-45 if:
442          (A) no new lot is created; and
443          (B) the adjustment does not violate applicable land use ordinances;
444          (iii) a recorded document, executed by the owner of record:
445          (A) revising the legal description of more than one contiguous parcel of property that is
446     not subdivided land into one legal description encompassing all such parcels of property; or
447          (B) joining a subdivided parcel of property to another parcel of property that has not
448     been subdivided, if the joinder does not violate applicable land use ordinances;
449          (iv) an agreement between owners of adjoining subdivided properties adjusting the
450     mutual lot line boundary in accordance with Section 10-9a-603 if:
451          (A) no new dwelling lot or housing unit will result from the adjustment; and
452          (B) the adjustment will not violate any applicable land use ordinance;
453          (v) a bona fide division or partition of land by deed or other instrument where the land
454     use authority expressly approves in writing the division in anticipation of further land use
455     approvals on the parcel or parcels;
456          (vi) a parcel boundary adjustment;
457          (vii) a lot line adjustment;
458          (viii) a road, street, or highway dedication plat; or
459          (ix) a deed or easement for a road, street, or highway purpose.

460          (d) The joining of a subdivided parcel of property to another parcel of property that has
461     not been subdivided does not constitute a subdivision under this Subsection [(57)] (65) as to
462     the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
463     subdivision ordinance.
464          (66) "Subdivision amendment" means an amendment to a recorded subdivision in
465     accordance with Section 10-9a-608 that:
466          (a) vacates all or a portion of the subdivision;
467          (b) alters the outside boundary of the subdivision;
468          (c) changes the number of lots within the subdivision;
469          (d) alters a public right-of-way, a public easement, or public infrastructure within the
470     subdivision; or
471          (e) alters a common area or other common amenity within the subdivision.
472          [(65)] (67) "Suspect soil" means soil that has:
473          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
474     3% swell potential;
475          (b) bedrock units with high shrink or swell susceptibility; or
476          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
477     commonly associated with dissolution and collapse features.
478          [(66)] (68) "Therapeutic school" means a residential group living facility:
479          (a) for four or more individuals who are not related to:
480          (i) the owner of the facility; or
481          (ii) the primary service provider of the facility;
482          (b) that serves students who have a history of failing to function:
483          (i) at home;
484          (ii) in a public school; or
485          (iii) in a nonresidential private school; and
486          (c) that offers:
487          (i) room and board; and
488          (ii) an academic education integrated with:
489          (A) specialized structure and supervision; or
490          (B) services or treatment related to a disability, an emotional development, a

491     behavioral development, a familial development, or a social development.
492          [(67)] (69) "Transferable development right" means a right to develop and use land that
493     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
494     land use rights from a designated sending zone to a designated receiving zone.
495          [(68)] (70) "Unincorporated" means the area outside of the incorporated area of a city
496     or town.
497          [(69)] (71) "Water interest" means any right to the beneficial use of water, including:
498          (a) each of the rights listed in Section 73-1-11; and
499          (b) an ownership interest in the right to the beneficial use of water represented by:
500          (i) a contract; or
501          (ii) a share in a water company, as defined in Section 73-3-3.5.
502          [(70)] (72) "Zoning map" means a map, adopted as part of a land use ordinance, that
503     depicts land use zones, overlays, or districts.
504          Section 2. Section 10-9a-302 is amended to read:
505          10-9a-302. Planning commission powers and duties.
506          (1) The planning commission shall review and make a recommendation to the
507     legislative body for:
508          (a) a general plan and amendments to the general plan;
509          (b) land use regulations[;], including:
510          (i) ordinances regarding the subdivision of land within the municipality; and
511          (ii) amendments to existing land use regulations;
512          (c) an appropriate delegation of power to at least one designated land use authority to
513     hear and act on a land use application;
514          (d) an appropriate delegation of power to at least one appeal authority to hear and act
515     on an appeal from a decision of the land use authority; and
516          (e) application processes that:
517          (i) may include a designation of routine land use matters that, upon application and
518     proper notice, will receive informal streamlined review and action if the application is
519     uncontested; and
520          (ii) shall protect the right of each:
521          (A) land use applicant and [third party] adversely affected party to require formal

522     consideration of any application by a land use authority;
523          (B) land use applicant[,] or adversely affected party[, or municipal officer or employee]
524     to appeal a land use authority's decision to a separate appeal authority; and
525          (C) participant to be heard in each public hearing on a contested application.
526          (2) Before making a recommendation to a legislative body on an item described in
527     Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance
528     with Section 10-9a-404.
529          (3) A legislative body may adopt, modify, or reject a planning commission's
530     recommendation to the legislative body under this section.
531          (4) A legislative body may consider a planning commission's failure to make a timely
532     recommendation as a negative recommendation.
533          [(2)] (5) Nothing in this section limits the right of a municipality to initiate or propose
534     the actions described in this section.
535          Section 3. Section 10-9a-404 is amended to read:
536          10-9a-404. Public hearing by planning commission on proposed general plan or
537     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
538     by legislative body.
539          (1) (a) After completing its recommendation for a proposed general plan, or proposal to
540     amend the general plan, the planning commission shall schedule and hold a public hearing on
541     the proposed plan or amendment.
542          (b) The planning commission shall provide notice of the public hearing, as required by
543     Section 10-9a-204.
544          (c) After the public hearing, the planning commission may modify the proposed
545     general plan or amendment.
546          (2) The planning commission shall forward the proposed general plan or amendment to
547     the legislative body.
548          (3) (a) The legislative body may adopt, reject, or make any revisions to the proposed
549     general plan or amendment that it considers appropriate.
550          [(4) (a) The municipal legislative body may adopt or reject the proposed general plan
551     or amendment either as proposed by the planning commission or after making any revision that
552     the municipal legislative body considers appropriate.]

553          (b) If the municipal legislative body rejects the proposed general plan or amendment, it
554     may provide suggestions to the planning commission for [its consideration] the planning
555     commission's review and recommendation.
556          [(5)] (4) The legislative body shall adopt:
557          (a) a land use element as provided in Subsection 10-9a-403(2)(a)(i);
558          (b) a transportation and traffic circulation element as provided in Subsection
559     10-9a-403(2)(a)(ii); and
560          (c) for a municipality, other than a town, after considering the factors included in
561     Subsection 10-9a-403(2)(b)(ii), a plan to provide a realistic opportunity to meet the need for
562     additional moderate income housing within the next five years.
563          Section 4. Section 10-9a-408 is amended to read:
564          10-9a-408. Reporting requirements and civil action regarding moderate income
565     housing element of general plan.
566          (1) The legislative body of a municipality described in Subsection 10-9a-401(3)(b)
567     shall annually:
568          (a) review the moderate income housing plan element of the municipality's general
569     plan and implementation of that element of the general plan;
570          (b) prepare a report on the findings of the review described in Subsection (1)(a); and
571          (c) post the report described in Subsection (1)(b) on the municipality's website.
572          (2) The report described in Subsection (1) shall include:
573          (a) a revised estimate of the need for moderate income housing in the municipality for
574     the next five years;
575          (b) a description of progress made within the municipality to provide moderate income
576     housing, demonstrated by analyzing and publishing data on the number of housing units in the
577     municipality that are at or below:
578          (i) 80% of the adjusted median family income;
579          (ii) 50% of the adjusted median family income; and
580          (iii) 30% of the adjusted median family income;
581          (c) a description of any efforts made by the municipality to utilize a moderate income
582     housing set-aside from a community reinvestment agency, redevelopment agency, or
583     community development and renewal agency; and

584          (d) a description of how the municipality has implemented any of the recommendations
585     related to moderate income housing described in Subsection 10-9a-403(2)(b)(iii).
586          (3) The legislative body of each municipality described in Subsection (1) shall send a
587     copy of the report under Subsection (1) to the Department of Workforce Services, the
588     association of governments in which the municipality is located, and, if located within the
589     boundaries of a metropolitan planning organization, the appropriate metropolitan planning
590     organization.
591          (4) In a civil action seeking enforcement or claiming a violation of this section or of
592     Subsection 10-9a-404[(5)](4)(c), a plaintiff may not recover damages but may be awarded only
593     injunctive or other equitable relief.
594          Section 5. Section 10-9a-509 is amended to read:
595          10-9a-509. Applicant's entitlement to land use application approval --
596     Municipality's requirements and limitations -- Vesting upon submission of development
597     plan and schedule.
598          (1) (a) (i) An applicant who has submitted a complete land use application as described
599     in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
600     review of the application under the land use regulations:
601          (A) in effect on the date that the application is complete; and
602          (B) applicable to the application or to the information shown on the application.
603          (ii) An applicant is entitled to approval of a land use application if the application
604     conforms to the requirements of the applicable land use regulations, land use decisions, and
605     development standards in effect when the applicant submits a complete application and pays
606     application fees, unless:
607          (A) the land use authority, on the record, formally finds that a compelling,
608     countervailing public interest would be jeopardized by approving the application and specifies
609     the compelling, countervailing public interest in writing; or
610          (B) in the manner provided by local ordinance and before the applicant submits the
611     application, the municipality formally initiates proceedings to amend the municipality's land
612     use regulations in a manner that would prohibit approval of the application as submitted.
613          (b) The municipality shall process an application without regard to proceedings the
614     municipality initiated to amend the municipality's ordinances as described in Subsection

615     (1)(a)(ii)(B) if:
616          (i) 180 days have passed since the municipality initiated the proceedings; and
617          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
618     application as submitted.
619          (c) A land use application is considered submitted and complete when the applicant
620     provides the application in a form that complies with the requirements of applicable ordinances
621     and pays all applicable fees.
622          (d) A subsequent incorporation of a municipality or a petition that proposes the
623     incorporation of a municipality does not affect a land use application approved by a county in
624     accordance with Section 17-27a-508.
625          [(d)] (e) The continuing validity of an approval of a land use application is conditioned
626     upon the applicant proceeding after approval to implement the approval with reasonable
627     diligence.
628          [(e)] (f) A municipality may not impose on an applicant who has submitted a complete
629     application a requirement that is not expressed in:
630          (i) this chapter;
631          (ii) a municipal ordinance; or
632          (iii) a municipal specification for public improvements applicable to a subdivision or
633     development that is in effect on the date that the applicant submits an application.
634          [(f)] (g) A municipality may not impose on a holder of an issued land use permit or a
635     final, unexpired subdivision plat a requirement that is not expressed:
636          (i) in a land use permit;
637          (ii) on the subdivision plat;
638          (iii) in a document on which the land use permit or subdivision plat is based;
639          (iv) in the written record evidencing approval of the land use permit or subdivision
640     plat;
641          (v) in this chapter; or
642          (vi) in a municipal ordinance.
643          [(g)] (h) Except as provided in Subsection (1)[(h)](i), a municipality may not withhold
644     issuance of a certificate of occupancy or acceptance of subdivision improvements because of an
645     applicant's failure to comply with a requirement that is not expressed:

646          (i) in the building permit or subdivision plat, documents on which the building permit
647     or subdivision plat is based, or the written record evidencing approval of the land use permit or
648     subdivision plat; or
649          (ii) in this chapter or the municipality's ordinances.
650          [(h)] (i) A municipality may not unreasonably withhold issuance of a certificate of
651     occupancy where an applicant has met all requirements essential for the public health, public
652     safety, and general welfare of the occupants, in accordance with this chapter, unless:
653          (i) the applicant and the municipality have agreed in a written document to the
654     withholding of a certificate of occupancy; or
655          (ii) the applicant has not provided a financial assurance for required and uncompleted
656     landscaping or infrastructure improvements in accordance with an applicable ordinance that the
657     legislative body adopts under this chapter.
658          (2) A municipality is bound by the terms and standards of applicable land use
659     regulations and shall comply with mandatory provisions of those regulations.
660          (3) A municipality may not, as a condition of land use application approval, require a
661     person filing a land use application to obtain documentation regarding a school district's
662     willingness, capacity, or ability to serve the development proposed in the land use application.
663          (4) Upon a specified public agency's submission of a development plan and schedule as
664     required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
665     specified public agency vests in the municipality's applicable land use maps, zoning map,
666     hookup fees, impact fees, other applicable development fees, and land use regulations in effect
667     on the date of submission.
668          (5) (a) If sponsors of a referendum timely challenge a project in accordance with
669     Subsection 20A-7-601(5)(a), the project's affected owner may rescind the project's land use
670     approval by delivering a written notice:
671          (i) to the local clerk as defined in Section 20A-7-101; and
672          (ii) no later than seven days after the day on which a petition for a referendum is
673     determined sufficient under Section 20A-7-607(5).
674          (b) Upon delivery of a written notice described in Subsection (5)(a) the following are
675     rescinded and are of no further force or effect:
676          (i) the relevant land use approval; and

677          (ii) any land use regulation enacted specifically in relation to the land use approval.
678          Section 6. Section 10-9a-529 is enacted to read:
679          10-9a-529. Specified public utility located in a municipal utility easement.
680          A specified public utility may exercise each power of a public utility under Section
681     54-3-27 if the specified public utility uses an easement:
682          (1) with the consent of a municipality; and
683          (2) that is located within a municipal utility easement described in Subsection 10-9a-
684     103(40)(a) through (e).
685          Section 7. Section 10-9a-603 is amended to read:
686          10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
687     acknowledgment, surveyor certification, and underground utility facility owner
688     verification of plat -- Recording plat.
689          (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
690     subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
691     the land shall provide an accurate plat that describes or specifies:
692          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
693     the county recorder's office;
694          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
695     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
696     intended to be used as a street or for any other public use, and whether any such area is
697     reserved or proposed for dedication for a public purpose;
698          (c) the lot or unit reference, block or building reference, street or site address, street
699     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
700     and width of the blocks and lots intended for sale; and
701          (d) every existing right-of-way and easement grant of record for an underground
702     facility, as defined in Section 54-8a-2, and for any other utility facility.
703          (2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the municipality's
704     ordinances and this part and has been approved by the culinary water authority, the sanitary
705     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
706     health department and the municipality consider the local health department's approval
707     necessary, the municipality shall approve the plat.

708          (b) Municipalities are encouraged to receive a recommendation from the fire authority
709     and the public safety answering point before approving a plat.
710          (c) A municipality may not require that a plat be approved or signed by a person or
711     entity who:
712          (i) is not an employee or agent of the municipality; or
713          (ii) does not:
714          (A) have a legal or equitable interest in the property within the proposed subdivision;
715          (B) provide a utility or other service directly to a lot within the subdivision;
716          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
717     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
718     relation to the plat; or
719          (D) provide culinary public water service whose source protection zone designated as
720     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
721          (d) For a subdivision application that includes land located within a notification zone,
722     as determined under Subsection (2)(f), the land use authority shall:
723          (i) within 20 days after the day on which a complete subdivision application is filed,
724     provide written notice of the application to the canal owner or associated canal operator contact
725     described in:
726          (A) Section 10-9a-211;
727          (B) Subsection 73-5-7(2); or
728          (C) Subsection (5)(c); and
729          (ii) wait to approve or reject the subdivision application for at least 20 days after the
730     day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
731     to receive input from the canal owner or associated canal operator, including input regarding:
732          (A) access to the canal;
733          (B) maintenance of the canal;
734          (C) canal protection; and
735          (D) canal safety.
736          (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
737          (f) The land use authority shall provide the notice described in Subsection (2)(d) to a
738     canal owner or associated canal operator if:

739          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
740          (ii) the centerline alignment is available to the land use authority:
741          (A) from information provided by the canal company under Section 10-9a-211, using
742     mapping-grade global positioning satellite units or digitized data from the most recent aerial
743     photo available to the canal owner or associated canal operator;
744          (B) using the state engineer's inventory of canals under Section 73-5-7; or
745          (C) from information provided by a surveyor under Subsection (5)(c).
746          (3) The municipality may withhold an otherwise valid plat approval until the owner of
747     the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
748     penalties owing on the land have been paid.
749          (4) (a) Within 30 days after approving a final plat under this section, a municipality
750     shall submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
751     inclusion in the unified statewide 911 emergency service database described in Subsection
752     63H-7a-304(4)(b):
753          (i) an electronic copy of the approved final plat; or
754          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
755     for construction within the bounds of the approved plat.
756          (b) If requested by the Automated Geographic Reference Center, a municipality that
757     approves a final plat under this section shall:
758          (i) coordinate with the Automated Geographic Reference Center to validate the
759     information described in Subsection (4)(a); and
760          (ii) assist the Automated Geographic Reference Center in creating electronic files that
761     contain the information described in Subsection (4)(a) for inclusion in the unified statewide
762     911 emergency service database.
763          (5) (a) A county recorder may not record a plat unless:
764          (i) prior to recordation, the municipality has approved and signed the plat;
765          (ii) each owner of record of land described on the plat has signed the owner's
766     dedication as shown on the plat; and
767          (iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
768     provided by law.
769          (b) The surveyor making the plat shall certify that the surveyor:

770          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
771     Professional Land Surveyors Licensing Act;
772          (ii) has completed a survey of the property described on the plat in accordance with
773     Section 17-23-17 and has verified all measurements; and
774          (iii) has placed monuments as represented on the plat.
775          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
776     an existing or proposed underground facility or utility facility within the proposed subdivision,
777     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
778     depiction of the:
779          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
780     public or private easement, or grants of record;
781          (B) location of an existing underground facility and utility facility; and
782          (C) physical restrictions governing the location of the underground facility and utility
783     facility within the subdivision.
784          (ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
785          (A) indicates only that the plat approximates the location of the existing underground
786     and utility facilities but does not warrant or verify their precise location; and
787          (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
788     Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
789     applicable to prescriptive rights, or any other provision of law.
790          (6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
791     certified, and approved, the individual seeking to record the plat shall, within the time period
792     and manner designated by ordinance, record the plat in the county recorder's office in the
793     county in which the lands platted and laid out are situated.
794          (b) A failure to record a plat within the time period designated by ordinance renders the
795     plat voidable by the land use authority.
796          Section 8. Section 10-9a-604 is amended to read:
797          10-9a-604. Subdivision plat approval procedure -- Effect of not complying.
798          (1) A person may not submit a subdivision plat to the county recorder's office for
799     recording unless:
800          (a) the person has complied with the requirements of Subsection 10-9a-603(5)(a);

801          (b) the plat has been approved by:
802          (i) the land use authority of the municipality in which the land described in the plat is
803     located; and
804          (ii) other officers that the municipality designates in its ordinance;
805          (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by the
806     designated officers; and
807          (d) if the person submitting the plat intends the plat to be or if the plat is part of a
808     community association subject to Title 57, Chapter 8a, Community Association Act, the plat
809     includes language conveying to the association, as that term is defined in Section 57-8a-102, all
810     common areas, as that term is defined in Section 57-8a-102.
811          (2) A subdivision plat recorded without the signatures required under this section is
812     void.
813          (3) A transfer of land pursuant to a void plat is voidable by the land use authority.
814          Section 9. Section 10-9a-605 is amended to read:
815          10-9a-605. Exemptions from plat requirement.
816          [(1) Notwithstanding Sections 10-9a-603 and 10-9a-604, a municipality may establish
817     a process to approve an administrative land use decision for a subdivision of 10 lots or less
818     without a plat, by certifying in writing that:]
819          (1) Notwithstanding any other provision of law, a plat is not required if:
820          (a) a municipality establishes a process to approve an administrative land use decision
821     for a subdivision of 10 or fewer lots without a plat; and
822          (b) the municipality provides in writing that:
823          [(a)] (i) the municipality has provided notice as required by ordinance; and
824          [(b)] (ii) the proposed subdivision:
825          [(i)] (A) is not traversed by the mapped lines of a proposed street as shown in the
826     general plan unless the municipality has approved the location and dedication of any public
827     street, municipal utility easement, any other easement, or any other land for public purposes as
828     the municipality's ordinance requires;
829          [(ii)] (B) has been approved by the culinary water authority and the sanitary sewer
830     authority;
831          [(iii)] (C) is located in a zoned area; and

832          [(iv)] (D) conforms to all applicable land use ordinances or has properly received a
833     variance from the requirements of an otherwise conflicting and applicable land use ordinance.
834          (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
835     land is exempt from the plat requirements of Section 10-9a-603 if the lot or parcel:
836          (i) qualifies as land in agricultural use under Section 59-2-502;
837          (ii) meets the minimum size requirement of applicable land use ordinances; and
838          (iii) is not used and will not be used for any nonagricultural purpose.
839          (b) The boundaries of each lot or parcel exempted under Subsection (2)(a) shall be
840     graphically illustrated on a record of survey map that, after receiving the same approvals as are
841     required for a plat under Section 10-9a-604, shall be recorded with the county recorder.
842          (c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
843     purpose, the municipality may require the lot or parcel to comply with the requirements of
844     Section 10-9a-603.
845          (3) (a) Documents recorded in the county recorder's office that divide property by a
846     metes and bounds description do not create an approved subdivision allowed by this part unless
847     the land use authority's certificate of written approval required by Subsection (1) is attached to
848     the document.
849          (b) The absence of the certificate or written approval required by Subsection (1) does
850     not:
851          (i) prohibit the county recorder from recording a document; or
852          (ii) affect the validity of a recorded document.
853          (c) A document which does not meet the requirements of Subsection (1) may be
854     corrected by the recording of an affidavit to which the required certificate or written approval is
855     attached and that complies with Section 57-3-106.
856          Section 10. Section 10-9a-608 is amended to read:
857          10-9a-608. Subdivision amendments.
858          (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
859     subdivision that has been laid out and platted as provided in this part may file a written petition
860     with the land use authority [to have some or all of the plat vacated or amended] to request a
861     subdivision amendment.
862          (b) Upon filing a written petition to request a subdivision amendment under Subsection

863     (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
864     accordance with Section 10-9a-603 that:
865          (i) depicts only the portion of the subdivision that is proposed to be amended;
866          (ii) includes a plat name distinguishing the amended plat from the original plat;
867          (iii) describes the differences between the amended plat and the original plat; and
868          (iv) includes references to the original plat.
869          [(b)] (c) If a petition is filed under Subsection (1)(a), the land use authority shall
870     provide notice of the petition by mail, email, or other effective means to each affected entity
871     that provides a service to an owner of record of the portion of the plat that is being vacated or
872     amended at least 10 calendar days before the land use authority may approve the [vacation or
873     amendment of the plat] petition for a subdivision amendment.
874          [(c)] (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
875     public hearing within 45 days after the day on which the petition is filed if:
876          (i) any owner within the plat notifies the municipality of the owner's objection in
877     writing within 10 days of mailed notification; or
878          (ii) a public hearing is required because all of the owners in the subdivision have not
879     signed the revised plat.
880          (2) Unless a local ordinance provides otherwise, the public hearing requirement of
881     Subsection (1)[(c)](d) does not apply and a land use authority may consider at a public meeting
882     an owner's petition [to vacate or amend a subdivision plat if] for a subdivision amendment if:
883          (a) the petition seeks to:
884          (i) join two or more of the petitioner fee owner's contiguous lots;
885          (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
886     result in a violation of a land use ordinance or a development condition;
887          (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
888     adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located
889     in the same subdivision;
890          (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
891     imposed by the local political subdivision; or
892          (v) alter the plat in a manner that does not change existing boundaries or other
893     attributes of lots within the subdivision that are not:

894          (A) owned by the petitioner; or
895          (B) designated as a common area; and
896          (b) notice has been given to adjacent property owners in accordance with any
897     applicable local ordinance.
898          (3) [Each request to vacate or amend a plat] A petition under Subsection (1)(a) that
899     contains a request to [vacate or] amend a public street or municipal utility easement is also
900     subject to Section 10-9a-609.5.
901          (4) [Each] A petition [to vacate or] under Subsection (1)(a) that contains a request to
902     amend an entire plat or a portion of a plat shall include:
903          (a) the name and address of each owner of record of the land contained in the entire
904     plat or on that portion of the plat described in the petition; and
905          (b) the signature of each owner described in Subsection (4)(a) who consents to the
906     petition.
907          (5) (a) The owners of record of adjacent parcels that are described by either a metes
908     and bounds description or by a recorded plat may exchange title to portions of those parcels if
909     the exchange of title is approved by the land use authority in accordance with Subsection
910     (5)(b).
911          (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
912     the exchange of title will not result in a violation of any land use ordinance.
913          (c) If an exchange of title is approved under Subsection (5)(b):
914          (i) a notice of approval shall be recorded in the office of the county recorder which:
915          (A) is executed by each owner included in the exchange and by the land use authority;
916          (B) contains an acknowledgment for each party executing the notice in accordance with
917     the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
918          (C) recites the descriptions of both the original parcels and the parcels created by the
919     exchange of title; and
920          (ii) a document of conveyance shall be recorded in the office of the county recorder.
921          (d) A notice of approval recorded under this Subsection (5) does not act as a
922     conveyance of title to real property and is not required in order to record a document conveying
923     title to real property.
924          (6) (a) The name of a recorded subdivision may be changed by recording an amended

925     plat making that change, as provided in this section and subject to Subsection (6)(c).
926          (b) The surveyor preparing the amended plat shall certify that the surveyor:
927          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
928     Professional Land Surveyors Licensing Act;
929          (ii) has completed a survey of the property described on the plat in accordance with
930     Section 17-23-17 and has verified all measurements; and
931          (iii) has placed monuments as represented on the plat.
932          (c) An owner of land may not submit for recording an amended plat that gives the
933     subdivision described in the amended plat the same name as a subdivision in a plat already
934     recorded in the county recorder's office.
935          (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
936     document that purports to change the name of a recorded plat is void.
937          Section 11. Section 10-9a-609.5 is amended to read:
938          10-9a-609.5. Petition to vacate a public street.
939          (1) In lieu of vacating some or all of a public street through a plat or amended plat in
940     accordance with Sections 10-9a-603 through 10-9a-609, a legislative body may approve a
941     petition to vacate a public street in accordance with this section.
942          (2) A petition to vacate some or all of a public street or municipal utility easement shall
943     include:
944          (a) the name and address of each owner of record of land that is:
945          (i) adjacent to the public street or municipal utility easement between the two nearest
946     public street intersections; or
947          (ii) accessed exclusively by or within 300 feet of the public street or municipal utility
948     easement;
949          (b) proof of written notice to operators of utilities located within the bounds of the
950     public street or municipal utility easement sought to be vacated; and
951          (c) the signature of each owner under Subsection (2)(a) who consents to the vacation.
952          (3) If a petition is submitted containing a request to vacate some or all of a public street
953     or municipal utility easement, the legislative body shall hold a public hearing in accordance
954     with Section 10-9a-208 and determine whether:
955          (a) good cause exists for the vacation; and

956          (b) the public interest or any person will be materially injured by the proposed
957     vacation.
958          (4) The legislative body may adopt an ordinance granting a petition to vacate some or
959     all of a public street or municipal utility easement if the legislative body finds that:
960          (a) good cause exists for the vacation; and
961          (b) neither the public interest nor any person will be materially injured by the vacation.
962          (5) If the legislative body adopts an ordinance vacating some or all of a public street or
963     municipal utility easement, the legislative body shall ensure that one or both of the following is
964     recorded in the office of the recorder of the county in which the land is located:
965          (a) a plat reflecting the vacation; or
966          (b) (i) an ordinance described in Subsection (4); and
967          (ii) a legal description of the public street to be vacated.
968          (6) The action of the legislative body vacating some or all of a public street or
969     municipal utility easement that has been dedicated to public use:
970          (a) operates to the extent to which it is vacated, upon the effective date of the recorded
971     plat or ordinance, as a revocation of the acceptance of and the relinquishment of the
972     municipality's fee in the vacated public street or municipal utility easement; and
973          (b) may not be construed to impair:
974          (i) any right-of-way or easement of any parcel or lot owner; or
975          (ii) the rights of any public utility.
976          (7) (a) A municipality may submit a petition, in accordance with Subsection (2), and
977     initiate and complete a process to vacate some or all of a public street.
978          (b) If a municipality submits a petition and initiates a process under Subsection (7)(a):
979          (i) the legislative body shall hold a public hearing;
980          (ii) the petition and process may not apply to or affect a public utility easement, except
981     to the extent:
982          (A) the easement is not a protected utility easement as defined in Section 54-3-27;
983          (B) the easement is included within the public street; and
984          (C) the notice to vacate the public street also contains a notice to vacate the easement;
985     and
986          (iii) a recorded ordinance to vacate a public street has the same legal effect as vacating

987     a public street through a recorded plat or amended plat.
988          Section 12. Section 10-9a-611 is amended to read:
989          10-9a-611. Prohibited acts.
990          (1) (a) (i) [An] If a subdivision requires a plat, an owner of any land located in a
991     subdivision who transfers or sells any land in that subdivision before a plat of the subdivision
992     has been approved and recorded violates this part for each lot or parcel transferred or sold.
993          (ii) A violation of Subsection (1)(a)(i) is an infraction.
994          (b) The description by metes and bounds in an instrument of transfer or other
995     documents used in the process of selling or transferring does not exempt the transaction from
996     being a violation of Subsection (1)(a) or from the penalties or remedies provided in this
997     chapter.
998          (c) Notwithstanding any other provision of this Subsection (1), the recording of an
999     instrument of transfer or other document used in the process of selling or transferring real
1000     property that violates this part:
1001          (i) does not affect the validity of the instrument or other document; and
1002          (ii) does not affect whether the property that is the subject of the instrument or other
1003     document complies with applicable municipal ordinances on land use and development.
1004          (2) (a) A municipality may bring an action against an owner to require the property to
1005     conform to the provisions of this part or an ordinance enacted under the authority of this part.
1006          (b) An action under this Subsection (2) may include an injunction[, abatement, merger
1007     of title,] or any other appropriate action or proceeding to prevent[,] or enjoin[, or abate] the
1008     violation.
1009          (c) A municipality need only establish the violation to obtain the injunction.
1010          Section 13. Section 10-9a-701 is amended to read:
1011          10-9a-701. Appeal authority required -- Condition precedent to judicial review --
1012     Appeal authority duties.
1013          (1) Each municipality adopting a land use ordinance shall, by ordinance, establish one
1014     or more appeal authorities to hear and decide:
1015          (a) requests for variances from the terms of the land use ordinances;
1016          (b) appeals from decisions applying the land use ordinances; and
1017          (c) appeals from a fee charged in accordance with Section 10-9a-510.

1018          (2) As a condition precedent to judicial review, each adversely affected
1018a     Ĥ→ [
person] party ←Ĥ shall
1019     timely and specifically challenge a land use authority's decision, in accordance with local
1020     ordinance.
1021          (3) An appeal authority:
1022          (a) shall:
1023          (i) act in a quasi-judicial manner; and
1024          (ii) serve as the final arbiter of issues involving the interpretation or application of land
1025     use ordinances, except as provided in Title 11, Chapter 58, Part 4, Appeals to Appeals Panel,
1026     for an appeal of an inland port use appeal decision, as defined in Section 11-58-401; and
1027          (b) may not entertain an appeal of a matter in which the appeal authority, or any
1028     participating member, had first acted as the land use authority.
1029          (4) By ordinance, a municipality may:
1030          (a) designate a separate appeal authority to hear requests for variances than the appeal
1031     authority it designates to hear appeals;
1032          (b) designate one or more separate appeal authorities to hear distinct types of appeals
1033     of land use authority decisions;
1034          (c) require an adversely affected party to present to an appeal authority every theory of
1035     relief that it can raise in district court;
1036          (d) not require [an] a land use applicant or adversely affected party to pursue duplicate
1037     or successive appeals before the same or separate appeal authorities as a condition of [the
1038     adversely affected] an appealing party's duty to exhaust administrative remedies; and
1039          (e) provide that specified types of land use decisions may be appealed directly to the
1040     district court.
1041          (5) If the municipality establishes or, prior to the effective date of this chapter, has
1042     established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
1043     board, body, or panel shall:
1044          (a) notify each of its members of any meeting or hearing of the board, body, or panel;
1045          (b) provide each of its members with the same information and access to municipal
1046     resources as any other member;
1047          (c) convene only if a quorum of its members is present; and
1048          (d) act only upon the vote of a majority of its convened members.

1049          Section 14. Section 10-9a-703 is amended to read:
1050          10-9a-703. Appealing a land use authority's decision -- Panel of experts for
1051     appeals of geologic hazard decisions -- Automatic appeal for certain decisions.
1052          (1) The land use applicant, a board or officer of the municipality, or [any person
1053     adversely affected by the land use authority's decision administering or interpreting a land use
1054     ordinance] an adversely affected party may, within the applicable time period, appeal that
1055     decision to the appeal authority by alleging that there is error in any order, requirement,
1056     decision, or determination made by the land use authority in the administration or interpretation
1057     of the land use ordinance.
1058          (2) (a) [An] A land use applicant who has appealed a decision of the land use authority
1059     administering or interpreting the municipality's geologic hazard ordinance may request the
1060     municipality to assemble a panel of qualified experts to serve as the appeal authority for
1061     purposes of determining the technical aspects of the appeal.
1062          (b) If [an] a land use applicant makes a request under Subsection (2)(a), the
1063     municipality shall assemble the panel described in Subsection (2)(a) consisting of, unless
1064     otherwise agreed by the applicant and municipality:
1065          (i) one expert designated by the municipality;
1066          (ii) one expert designated by the land use applicant; and
1067          (iii) one expert chosen jointly by the municipality's designated expert and the land use
1068     applicant's designated expert.
1069          (c) A member of the panel assembled by the municipality under Subsection (2)(b) may
1070     not be associated with the application that is the subject of the appeal.
1071          (d) The land use applicant shall pay:
1072          (i) 1/2 of the cost of the panel; and
1073          (ii) the municipality's published appeal fee.
1074          Section 15. Section 10-9a-704 is amended to read:
1075          10-9a-704. Time to appeal.
1076          (1) The municipality shall enact an ordinance establishing a reasonable time of not less
1077     than 10 days to appeal to an appeal authority a written decision issued by a land use authority.
1078          (2) In the absence of an ordinance establishing a reasonable time to appeal, [an] a land
1079     use applicant or adversely affected party shall have 10 calendar days to appeal to an appeal

1080     authority a written decision issued by a land use authority.
1081          (3) Notwithstanding Subsections (1) and (2), for an appeal from a decision of a historic
1082     preservation authority regarding a land use application, the land use applicant may appeal the
1083     decision within 30 days after the day on which the historic preservation authority issues a
1084     written decision.
1085          Section 16. Section 10-9a-801 is amended to read:
1086          10-9a-801. No district court review until administrative remedies exhausted --
1087     Time for filing -- Tolling of time -- Standards governing court review -- Record on review
1088     -- Staying of decision.
1089          (1) No person may challenge in district court a land use decision until that person has
1090     exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
1091     Variances, if applicable.
1092          (2) (a) [Any person adversely affected by a final decision made in the exercise of or in
1093     violation of the provisions of this chapter] A land use applicant or adversely affected party may
1094     file a petition for review of the decision with the district court within 30 days after the decision
1095     is final.
1096          (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
1097     property owner files a request for arbitration of a constitutional taking issue with the property
1098     rights ombudsman under Section 13-43-204 until 30 days after:
1099          (A) the arbitrator issues a final award; or
1100          (B) the property rights ombudsman issues a written statement under Subsection
1101     13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
1102          (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
1103     taking issue that is the subject of the request for arbitration filed with the property rights
1104     ombudsman by a property owner.
1105          (iii) A request for arbitration filed with the property rights ombudsman after the time
1106     under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
1107          (3) (a) A court shall:
1108          (i) presume that a land use regulation properly enacted under the authority of this
1109     chapter is valid; and
1110          (ii) determine only whether:

1111          (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
1112     or federal law; and
1113          (B) it is reasonably debatable that the land use regulation is consistent with this
1114     chapter.
1115          (b) A court shall:
1116          (i) presume that a final decision of a land use authority or an appeal authority is valid;
1117     and
1118          (ii) uphold the decision unless the decision is:
1119          (A) arbitrary and capricious; or
1120          (B) illegal.
1121          (c) (i) A decision is arbitrary and capricious if the decision is not supported by
1122     substantial evidence in the record.
1123          (ii) A decision is illegal if the decision is:
1124          (A) based on an incorrect interpretation of a land use regulation; or
1125          (B) contrary to law.
1126          (d) (i) A court may affirm or reverse the decision of a land use authority.
1127          (ii) If the court reverses a land use authority's decision, the court shall remand the
1128     matter to the land use authority with instructions to issue a decision consistent with the court's
1129     ruling.
1130          (4) The provisions of Subsection (2)(a) apply from the date on which the municipality
1131     takes final action on a land use application [for any adversely affected third party], if the
1132     municipality conformed with the notice provisions of Part 2, Notice, or for any person who had
1133     actual notice of the pending decision.
1134          (5) If the municipality has complied with Section 10-9a-205, a challenge to the
1135     enactment of a land use regulation or general plan may not be filed with the district court more
1136     than 30 days after the enactment.
1137          (6) A challenge to a land use decision is barred unless the challenge is filed within 30
1138     days after the land use decision is final.
1139          (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
1140     the reviewing court the record of its proceedings, including its minutes, findings, orders, and, if
1141     available, a true and correct transcript of its proceedings.

1142          (b) If the proceeding was recorded, a transcript of that recording is a true and correct
1143     transcript for purposes of this Subsection (7).
1144          (8) (a) (i) If there is a record, the district court's review is limited to the record provided
1145     by the land use authority or appeal authority, as the case may be.
1146          (ii) The court may not accept or consider any evidence outside the record of the land
1147     use authority or appeal authority, as the case may be, unless that evidence was offered to the
1148     land use authority or appeal authority, respectively, and the court determines that it was
1149     improperly excluded.
1150          (b) If there is no record, the court may call witnesses and take evidence.
1151          (9) (a) The filing of a petition does not stay the decision of the land use authority or
1152     [authority] appeal authority, as the case may be.
1153          (b) (i) Before filing a petition under this section or a request for mediation or
1154     arbitration of a constitutional taking issue under Section 13-43-204, [the aggrieved party] a
1155     land use applicant may petition the appeal authority to stay its decision.
1156          (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed
1157     pending district court review if the appeal authority finds it to be in the best interest of the
1158     municipality.
1159          (iii) After a petition is filed under this section or a request for mediation or arbitration
1160     of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
1161     injunction staying the appeal authority's decision.
1162          (10) If the court determines that a party initiated or pursued a challenge to the decision
1163     on a land use application in bad faith, the court may award attorney fees.
1164          Section 17. Section 10-9a-802 is amended to read:
1165          10-9a-802. Enforcement.
1166          (1) (a) A municipality [or any adversely affected owner of real estate within the
1167     municipality in which violations of this chapter or ordinances enacted under the authority of
1168     this chapter occur or are about to occur] or an adversely affected party may, in addition to other
1169     remedies provided by law, institute:
1170          (i) injunctions, mandamus, abatement, or any other appropriate actions; or
1171          (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
1172          (b) A municipality need only establish the violation to obtain the injunction.

1173          (2) (a) A municipality may enforce the municipality's ordinance by withholding a
1174     building permit.
1175          (b) It is an infraction to erect, construct, reconstruct, alter, or change the use of any
1176     building or other structure within a municipality without approval of a building permit.
1177          (c) A municipality may not issue a building permit unless the plans of and for the
1178     proposed erection, construction, reconstruction, alteration, or use fully conform to all
1179     regulations then in effect.
1180          (d) A municipality may not deny an applicant a building permit or certificate of
1181     occupancy because the applicant has not completed an infrastructure improvement:
1182          (i) that is not essential to meet the requirements for the issuance of a building permit or
1183     certificate of occupancy under the building code and fire code; and
1184          (ii) for which the municipality has accepted an improvement completion assurance for
1185     landscaping or infrastructure improvements for the development.
1186          Section 18. Section 17-27a-103 is amended to read:
1187          17-27a-103. Definitions.
1188          As used in this chapter:
1189          (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
1190     detached from a primary single-family dwelling and contained on one lot.
1191          (2) "Adversely affected party" means a person other than a land use applicant who:
1192          (a) owns real property adjoining the property that is the subject of a land use
1193     application or land use decision; or
1194          (b) will suffer a damage different in kind than, or an injury distinct from, that of the
1195     general community as a result of the land use decision.
1196          [(2)] (3) "Affected entity" means a county, municipality, local district, special service
1197     district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
1198     cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
1199     property owner, property owners association, public utility, or the Utah Department of
1200     Transportation, if:
1201          (a) the entity's services or facilities are likely to require expansion or significant
1202     modification because of an intended use of land;
1203          (b) the entity has filed with the county a copy of the entity's general or long-range plan;

1204     or
1205          (c) the entity has filed with the county a request for notice during the same calendar
1206     year and before the county provides notice to an affected entity in compliance with a
1207     requirement imposed under this chapter.
1208          [(3)] (4) "Affected owner" means the owner of real property that is:
1209          (a) a single project;
1210          (b) the subject of a land use approval that sponsors of a referendum timely challenged
1211     in accordance with Subsection 20A-7-601(5)(a); and
1212          (c) determined to be legally referable under Section 20A-7-602.8.
1213          [(4)] (5) "Appeal authority" means the person, board, commission, agency, or other
1214     body designated by ordinance to decide an appeal of a decision of a land use application or a
1215     variance.
1216          [(5)] (6) "Billboard" means a freestanding ground sign located on industrial,
1217     commercial, or residential property if the sign is designed or intended to direct attention to a
1218     business, product, or service that is not sold, offered, or existing on the property where the sign
1219     is located.
1220          [(6)] (7) (a) "Charter school" means:
1221          (i) an operating charter school;
1222          (ii) a charter school applicant that has its application approved by a charter school
1223     authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
1224          (iii) an entity that is working on behalf of a charter school or approved charter
1225     applicant to develop or construct a charter school building.
1226          (b) "Charter school" does not include a therapeutic school.
1227          [(7)] (8) "Chief executive officer" means the person or body that exercises the
1228     executive powers of the county.
1229          [(8)] (9) "Conditional use" means a land use that, because of its unique characteristics
1230     or potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
1231     compatible in some areas or may be compatible only if certain conditions are required that
1232     mitigate or eliminate the detrimental impacts.
1233          [(9)] (10) "Constitutional taking" means a governmental action that results in a taking
1234     of private property so that compensation to the owner of the property is required by the:

1235          (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1236          (b) Utah Constitution, Article I, Section 22.
1237          [(10)] (11) "County utility easement" means an easement that:
1238          (a) a plat recorded in a county recorder's office described as a county utility easement
1239     or otherwise as a utility easement;
1240          (b) is not a protected utility easement or a public utility easement as defined in Section
1241     54-3-27;
1242          (c) the county or the county's affiliated governmental entity owns or creates; and
1243          (d) (i) either:
1244          (A) no person uses or occupies; or
1245          (B) the county or the county's affiliated governmental entity uses and occupies to
1246     provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
1247     communications or data lines; or
1248          (ii) a person uses or occupies with or without an authorized franchise or other
1249     agreement with the county.
1250          [(11)] (12) "Culinary water authority" means the department, agency, or public entity
1251     with responsibility to review and approve the feasibility of the culinary water system and
1252     sources for the subject property.
1253          [(12)] (13) "Development activity" means:
1254          (a) any construction or expansion of a building, structure, or use that creates additional
1255     demand and need for public facilities;
1256          (b) any change in use of a building or structure that creates additional demand and need
1257     for public facilities; or
1258          (c) any change in the use of land that creates additional demand and need for public
1259     facilities.
1260          [(13)] (14) (a) "Disability" means a physical or mental impairment that substantially
1261     limits one or more of a person's major life activities, including a person having a record of such
1262     an impairment or being regarded as having such an impairment.
1263          (b) "Disability" does not include current illegal use of, or addiction to, any federally
1264     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1265     Sec. 802.

1266          [(14)] (15) "Educational facility":
1267          (a) means:
1268          (i) a school district's building at which pupils assemble to receive instruction in a
1269     program for any combination of grades from preschool through grade 12, including
1270     kindergarten and a program for children with disabilities;
1271          (ii) a structure or facility:
1272          (A) located on the same property as a building described in Subsection [(14)]
1273     (15)(a)(i); and
1274          (B) used in support of the use of that building; and
1275          (iii) a building to provide office and related space to a school district's administrative
1276     personnel; and
1277          (b) does not include:
1278          (i) land or a structure, including land or a structure for inventory storage, equipment
1279     storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
1280          (A) not located on the same property as a building described in Subsection [(14)]
1281     (15)(a)(i); and
1282          (B) used in support of the purposes of a building described in Subsection [(14)]
1283     (15)(a)(i); or
1284          (ii) a therapeutic school.
1285          [(15)] (16) "Fire authority" means the department, agency, or public entity with
1286     responsibility to review and approve the feasibility of fire protection and suppression services
1287     for the subject property.
1288          [(16)] (17) "Flood plain" means land that:
1289          (a) is within the 100-year flood plain designated by the Federal Emergency
1290     Management Agency; or
1291          (b) has not been studied or designated by the Federal Emergency Management Agency
1292     but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
1293     the land has characteristics that are similar to those of a 100-year flood plain designated by the
1294     Federal Emergency Management Agency.
1295          [(17)] (18) "Gas corporation" has the same meaning as defined in Section 54-2-1.
1296          [(18)] (19) "General plan" means a document that a county adopts that sets forth

1297     general guidelines for proposed future development of:
1298          (a) the unincorporated land within the county; or
1299          (b) for a mountainous planning district, the land within the mountainous planning
1300     district.
1301          [(19)] (20) "Geologic hazard" means:
1302          (a) a surface fault rupture;
1303          (b) shallow groundwater;
1304          (c) liquefaction;
1305          (d) a landslide;
1306          (e) a debris flow;
1307          (f) unstable soil;
1308          (g) a rock fall; or
1309          (h) any other geologic condition that presents a risk:
1310          (i) to life;
1311          (ii) of substantial loss of real property; or
1312          (iii) of substantial damage to real property.
1313          [(20)] (21) "Hookup fee" means a fee for the installation and inspection of any pipe,
1314     line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
1315     utility system.
1316          [(21)] (22) "Identical plans" means building plans submitted to a county that:
1317          (a) are clearly marked as "identical plans";
1318          (b) are substantially identical building plans that were previously submitted to and
1319     reviewed and approved by the county; and
1320          (c) describe a building that:
1321          (i) is located on land zoned the same as the land on which the building described in the
1322     previously approved plans is located;
1323          (ii) is subject to the same geological and meteorological conditions and the same law
1324     as the building described in the previously approved plans;
1325          (iii) has a floor plan identical to the building plan previously submitted to and reviewed
1326     and approved by the county; and
1327          (iv) does not require any additional engineering or analysis.

1328          [(22)] (23) "Impact fee" means a payment of money imposed under Title 11, Chapter
1329     36a, Impact Fees Act.
1330          [(23)] (24) "Improvement completion assurance" means a surety bond, letter of credit,
1331     financial institution bond, cash, assignment of rights, lien, or other equivalent security required
1332     by a county to guaranty the proper completion of landscaping or an infrastructure improvement
1333     required as a condition precedent to:
1334          (a) recording a subdivision plat; or
1335          (b) development of a commercial, industrial, mixed use, or multifamily project.
1336          [(24)] (25) "Improvement warranty" means an applicant's unconditional warranty that
1337     the applicant's installed and accepted landscaping or infrastructure improvement:
1338          (a) complies with the county's written standards for design, materials, and
1339     workmanship; and
1340          (b) will not fail in any material respect, as a result of poor workmanship or materials,
1341     within the improvement warranty period.
1342          [(25)] (26) "Improvement warranty period" means a period:
1343          (a) no later than one year after a county's acceptance of required landscaping; or
1344          (b) no later than one year after a county's acceptance of required infrastructure, unless
1345     the county:
1346          (i) determines for good cause that a one-year period would be inadequate to protect the
1347     public health, safety, and welfare; and
1348          (ii) has substantial evidence, on record:
1349          (A) of prior poor performance by the applicant; or
1350          (B) that the area upon which the infrastructure will be constructed contains suspect soil
1351     and the county has not otherwise required the applicant to mitigate the suspect soil.
1352          [(26)] (27) "Infrastructure improvement" means permanent infrastructure that is
1353     essential for the public health and safety or that:
1354          (a) is required for human consumption; and
1355          (b) an applicant must install:
1356          (i) in accordance with published installation and inspection specifications for public
1357     improvements; and
1358          (ii) as a condition of:

1359          (A) recording a subdivision plat;
1360          (B) obtaining a building permit; or
1361          (C) developing a commercial, industrial, mixed use, condominium, or multifamily
1362     project.
1363          [(27)] (28) "Internal lot restriction" means a platted note, platted demarcation, or
1364     platted designation that:
1365          (a) runs with the land; and
1366          (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
1367     the plat; or
1368          (ii) designates a development condition that is enclosed within the perimeter of a lot
1369     described on the plat.
1370          [(28)] (29) "Interstate pipeline company" means a person or entity engaged in natural
1371     gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
1372     under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1373          [(29)] (30) "Intrastate pipeline company" means a person or entity engaged in natural
1374     gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1375     Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1376          [(30)] (31) "Land use applicant" means a property owner, or the property owner's
1377     designee, who submits a land use application regarding the property owner's land.
1378          [(31)] (32) "Land use application":
1379          (a) means an application that is:
1380          (i) required by a county; and
1381          (ii) submitted by a land use applicant to obtain a land use decision; and
1382          (b) does not mean an application to enact, amend, or repeal a land use regulation.
1383          [(32)] (33) "Land use authority" means:
1384          (a) a person, board, commission, agency, or body, including the local legislative body,
1385     designated by the local legislative body to act upon a land use application; or
1386          (b) if the local legislative body has not designated a person, board, commission,
1387     agency, or body, the local legislative body.
1388          [(33)] (34) "Land use decision" means an administrative decision of a land use
1389     authority or appeal authority regarding:

1390          (a) a land use permit;
1391          (b) a land use application; or
1392          (c) the enforcement of a land use regulation, land use permit, or development
1393     agreement.
1394          [(34)] (35) "Land use permit" means a permit issued by a land use authority.
1395          [(35)] (36) "Land use regulation":
1396          (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
1397     specification, fee, or rule that governs the use or development of land;
1398          (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
1399     and
1400          (c) does not include:
1401          (i) a land use decision of the legislative body acting as the land use authority, even if
1402     the decision is expressed in a resolution or ordinance; or
1403          (ii) a temporary revision to an engineering specification that does not materially:
1404          (A) increase a land use applicant's cost of development compared to the existing
1405     specification; or
1406          (B) impact a land use applicant's use of land.
1407          [(36)] (37) "Legislative body" means the county legislative body, or for a county that
1408     has adopted an alternative form of government, the body exercising legislative powers.
1409          [(37)] (38) "Local district" means any entity under Title 17B, Limited Purpose Local
1410     Government Entities - Local Districts, and any other governmental or quasi-governmental
1411     entity that is not a county, municipality, school district, or the state.
1412          [(38)] (39) "Lot" means a tract of land, regardless of any label, that is created by and
1413     shown on a subdivision plat that has been recorded in the office of the county recorder.
1414          [(39)] (40) (a) "Lot line adjustment" means a relocation of a lot line boundary between
1415     adjoining lots or parcels, whether or not the lots are located in the same subdivision, in
1416     accordance with Section 17-27a-608, with the consent of the owners of record.
1417          (b) "Lot line adjustment" does not mean a new boundary line that:
1418          (i) creates an additional lot; or
1419          (ii) constitutes a subdivision.
1420          [(40)] (41) "Major transit investment corridor" means public transit service that uses or

1421     occupies:
1422          (a) public transit rail right-of-way;
1423          (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
1424     or
1425          (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
1426     municipality or county and:
1427          (i) a public transit district as defined in Section 17B-2a-802; or
1428          (ii) an eligible political subdivision as defined in Section 59-12-2219.
1429          [(41)] (42) "Moderate income housing" means housing occupied or reserved for
1430     occupancy by households with a gross household income equal to or less than 80% of the
1431     median gross income for households of the same size in the county in which the housing is
1432     located.
1433          [(42)] (43) "Mountainous planning district" means an area:
1434          (a) designated by a county legislative body in accordance with Section 17-27a-901; and
1435          (b) that is not otherwise exempt under Section 10-9a-304.
1436          [(43)] (44) "Nominal fee" means a fee that reasonably reimburses a county only for
1437     time spent and expenses incurred in:
1438          (a) verifying that building plans are identical plans; and
1439          (b) reviewing and approving those minor aspects of identical plans that differ from the
1440     previously reviewed and approved building plans.
1441          [(44)] (45) "Noncomplying structure" means a structure that:
1442          (a) legally existed before its current land use designation; and
1443          (b) because of one or more subsequent land use ordinance changes, does not conform
1444     to the setback, height restrictions, or other regulations, excluding those regulations that govern
1445     the use of land.
1446          [(45)] (46) "Nonconforming use" means a use of land that:
1447          (a) legally existed before its current land use designation;
1448          (b) has been maintained continuously since the time the land use ordinance regulation
1449     governing the land changed; and
1450          (c) because of one or more subsequent land use ordinance changes, does not conform
1451     to the regulations that now govern the use of the land.

1452          [(46)] (47) "Official map" means a map drawn by county authorities and recorded in
1453     the county recorder's office that:
1454          (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1455     highways and other transportation facilities;
1456          (b) provides a basis for restricting development in designated rights-of-way or between
1457     designated setbacks to allow the government authorities time to purchase or otherwise reserve
1458     the land; and
1459          (c) has been adopted as an element of the county's general plan.
1460          [(47)] (48) "Parcel" means any real property that is not a lot created by and shown on a
1461     subdivision plat recorded in the office of the county recorder.
1462          [(48)] (49) (a) "Parcel boundary adjustment" means a recorded agreement between
1463     owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
1464     line agreement in accordance with Section 57-1-45, if no additional parcel is created and:
1465          (i) none of the property identified in the agreement is subdivided land; or
1466          (ii) the adjustment is to the boundaries of a single person's parcels.
1467          (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
1468     line that:
1469          (i) creates an additional parcel; or
1470          (ii) constitutes a subdivision.
1471          [(49)] (50) "Person" means an individual, corporation, partnership, organization,
1472     association, trust, governmental agency, or any other legal entity.
1473          [(50)] (51) "Plan for moderate income housing" means a written document adopted by
1474     a county legislative body that includes:
1475          (a) an estimate of the existing supply of moderate income housing located within the
1476     county;
1477          (b) an estimate of the need for moderate income housing in the county for the next five
1478     years;
1479          (c) a survey of total residential land use;
1480          (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1481     income housing; and
1482          (e) a description of the county's program to encourage an adequate supply of moderate

1483     income housing.
1484          [(51)] (52) "Planning advisory area" means a contiguous, geographically defined
1485     portion of the unincorporated area of a county established under this part with planning and
1486     zoning functions as exercised through the planning advisory area planning commission, as
1487     provided in this chapter, but with no legal or political identity separate from the county and no
1488     taxing authority.
1489          [(52)] (53) "Plat" means a map or other graphical representation of lands that a licensed
1490     professional land surveyor makes and prepares in accordance with Section 17-27a-603 or
1491     57-8-13.
1492          [(53)] (54) "Potential geologic hazard area" means an area that:
1493          (a) is designated by a Utah Geological Survey map, county geologist map, or other
1494     relevant map or report as needing further study to determine the area's potential for geologic
1495     hazard; or
1496          (b) has not been studied by the Utah Geological Survey or a county geologist but
1497     presents the potential of geologic hazard because the area has characteristics similar to those of
1498     a designated geologic hazard area.
1499          [(54)] (55) "Public agency" means:
1500          (a) the federal government;
1501          (b) the state;
1502          (c) a county, municipality, school district, local district, special service district, or other
1503     political subdivision of the state; or
1504          (d) a charter school.
1505          [(55)] (56) "Public hearing" means a hearing at which members of the public are
1506     provided a reasonable opportunity to comment on the subject of the hearing.
1507          [(56)] (57) "Public meeting" means a meeting that is required to be open to the public
1508     under Title 52, Chapter 4, Open and Public Meetings Act.
1509          [(57)] (58) "Public street" means a public right-of-way, including a public highway,
1510     public avenue, public boulevard, public parkway, public road, public lane, [public trail or
1511     walk,] public alley, public viaduct, public subway, public tunnel, public bridge, public byway,
1512     other public transportation easement, or other public way.
1513          [(58)] (59) "Receiving zone" means an unincorporated area of a county that the county

1514     designates, by ordinance, as an area in which an owner of land may receive a transferable
1515     development right.
1516          [(59)] (60) "Record of survey map" means a map of a survey of land prepared in
1517     accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1518          [(60)] (61) "Residential facility for persons with a disability" means a residence:
1519          (a) in which more than one person with a disability resides; and
1520          (b) (i) which is licensed or certified by the Department of Human Services under Title
1521     62A, Chapter 2, Licensure of Programs and Facilities; or
1522          (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
1523     21, Health Care Facility Licensing and Inspection Act.
1524          [(61)] (62) "Rules of order and procedure" means a set of rules that govern and
1525     prescribe in a public meeting:
1526          (a) parliamentary order and procedure;
1527          (b) ethical behavior; and
1528          (c) civil discourse.
1529          [(62)] (63) "Sanitary sewer authority" means the department, agency, or public entity
1530     with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1531     wastewater systems.
1532          [(63)] (64) "Sending zone" means an unincorporated area of a county that the county
1533     designates, by ordinance, as an area from which an owner of land may transfer a transferable
1534     development right.
1535          [(64)] (65) "Site plan" means a document or map that may be required by a county
1536     during a preliminary review preceding the issuance of a building permit to demonstrate that an
1537     owner's or developer's proposed development activity meets a land use requirement.
1538          [(65)] (66) "Specified public agency" means:
1539          (a) the state;
1540          (b) a school district; or
1541          (c) a charter school.
1542          [(66)] (67) "Specified public utility" means an electrical corporation, gas corporation,
1543     or telephone corporation, as those terms are defined in Section 54-2-1.
1544          [(67)] (68) "State" includes any department, division, or agency of the state.

1545          [(68)] (69) "Subdivided land" means the land, tract, or lot described in a recorded
1546     subdivision plat.
1547          [(69)] (70) (a) "Subdivision" means any land that is divided, resubdivided, or proposed
1548     to be divided into two or more lots or other division of land for the purpose, whether
1549     immediate or future, for offer, sale, lease, or development either on the installment plan or
1550     upon any and all other plans, terms, and conditions.
1551          (b) "Subdivision" includes:
1552          (i) the division or development of land whether by deed, metes and bounds description,
1553     devise and testacy, map, plat, or other recorded instrument, regardless of whether the division
1554     includes all or a portion of a parcel or lot; and
1555          (ii) except as provided in Subsection [(69)] (70)(c), divisions of land for residential and
1556     nonresidential uses, including land used or to be used for commercial, agricultural, and
1557     industrial purposes.
1558          (c) "Subdivision" does not include:
1559          (i) a bona fide division or partition of agricultural land for agricultural purposes;
1560          (ii) an agreement recorded with the county recorder's office between owners of
1561     adjoining properties adjusting the mutual boundary by a boundary line agreement in accordance
1562     with Section 57-1-45 if:
1563          (A) no new lot is created; and
1564          (B) the adjustment does not violate applicable land use ordinances;
1565          (iii) a recorded document, executed by the owner of record:
1566          (A) revising the legal description of more than one contiguous parcel of property that is
1567     not subdivided land into one legal description encompassing all such parcels of property; or
1568          (B) joining a subdivided parcel of property to another parcel of property that has not
1569     been subdivided, if the joinder does not violate applicable land use ordinances;
1570          (iv) a bona fide division or partition of land in a county other than a first class county
1571     for the purpose of siting, on one or more of the resulting separate parcels:
1572          (A) an electrical transmission line or a substation;
1573          (B) a natural gas pipeline or a regulation station; or
1574          (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1575     utility service regeneration, transformation, retransmission, or amplification facility;

1576          (v) an agreement between owners of adjoining subdivided properties adjusting the
1577     mutual lot line boundary in accordance with Section 10-9a-603 if:
1578          (A) no new dwelling lot or housing unit will result from the adjustment; and
1579          (B) the adjustment will not violate any applicable land use ordinance;
1580          (vi) a bona fide division or partition of land by deed or other instrument where the land
1581     use authority expressly approves in writing the division in anticipation of further land use
1582     approvals on the parcel or parcels;
1583          (vii) a parcel boundary adjustment;
1584          (viii) a lot line adjustment;
1585          (ix) a road, street, or highway dedication plat; or
1586          (x) a deed or easement for a road, street, or highway purpose.
1587          (d) The joining of a subdivided parcel of property to another parcel of property that has
1588     not been subdivided does not constitute a subdivision under this Subsection [(69)] (70) as to
1589     the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
1590     subdivision ordinance.
1591          (71) "Subdivision amendment" means an amendment to a recorded subdivision in
1592     accordance with Section 17-27a-608 that:
1593          (a) vacates all or a portion of the subdivision;
1594          (b) alters the outside boundary of the subdivision;
1595          (c) changes the number of lots within the subdivision;
1596          (d) alters a public right-of-way, a public easement, or public infrastructure within the
1597     subdivision; or
1598          (e) alters a common area or other common amenity within the subdivision.
1599          [(70)] (72) "Suspect soil" means soil that has:
1600          (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1601     3% swell potential;
1602          (b) bedrock units with high shrink or swell susceptibility; or
1603          (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1604     commonly associated with dissolution and collapse features.
1605          [(71)] (73) "Therapeutic school" means a residential group living facility:
1606          (a) for four or more individuals who are not related to:

1607          (i) the owner of the facility; or
1608          (ii) the primary service provider of the facility;
1609          (b) that serves students who have a history of failing to function:
1610          (i) at home;
1611          (ii) in a public school; or
1612          (iii) in a nonresidential private school; and
1613          (c) that offers:
1614          (i) room and board; and
1615          (ii) an academic education integrated with:
1616          (A) specialized structure and supervision; or
1617          (B) services or treatment related to a disability, an emotional development, a
1618     behavioral development, a familial development, or a social development.
1619          [(72)] (74) "Transferable development right" means a right to develop and use land that
1620     originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1621     land use rights from a designated sending zone to a designated receiving zone.
1622          [(73)] (75) "Unincorporated" means the area outside of the incorporated area of a
1623     municipality.
1624          [(74)] (76) "Water interest" means any right to the beneficial use of water, including:
1625          (a) each of the rights listed in Section 73-1-11; and
1626          (b) an ownership interest in the right to the beneficial use of water represented by:
1627          (i) a contract; or
1628          (ii) a share in a water company, as defined in Section 73-3-3.5.
1629          [(75)] (77) "Zoning map" means a map, adopted as part of a land use ordinance, that
1630     depicts land use zones, overlays, or districts.
1631          Section 19. Section 17-27a-302 is amended to read:
1632          17-27a-302. Planning commission powers and duties.
1633          (1) Each countywide planning advisory area or mountainous planning district planning
1634     commission shall, with respect to the unincorporated area of the county, the planning advisory
1635     area, or the mountainous planning district, review and make a recommendation to the county
1636     legislative body for:
1637          (a) a general plan and amendments to the general plan;

1638          (b) land use regulations[;], including:
1639          (i) ordinances regarding the subdivision of land within the county; and
1640          (ii) amendments to existing land use regulations;
1641          (c) an appropriate delegation of power to at least one designated land use authority to
1642     hear and act on a land use application;
1643          (d) an appropriate delegation of power to at least one appeal authority to hear and act
1644     on an appeal from a decision of the land use authority; and
1645          (e) application processes that:
1646          (i) may include a designation of routine land use matters that, upon application and
1647     proper notice, will receive informal streamlined review and action if the application is
1648     uncontested; and
1649          (ii) shall protect the right of each:
1650          (A) land use applicant and [third party] adversely affected party to require formal
1651     consideration of any application by a land use authority;
1652          (B) land use applicant[,] or adversely affected party[, or county officer or employee] to
1653     appeal a land use authority's decision to a separate appeal authority; and
1654          (C) participant to be heard in each public hearing on a contested application.
1655          (2) Before making a recommendation to a legislative body on an item described in
1656     Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance
1657     with Section 17-27a-404.
1658          (3) A legislative body may adopt, modify, or reject a planning commission's
1659     recommendation to the legislative body under this section.
1660          (4) A legislative body may consider a planning commission's failure to make a timely
1661     recommendation as a negative recommendation.
1662          [(2)] (5) Nothing in this section limits the right of a county to initiate or propose the
1663     actions described in this section.
1664          Section 20. Section 17-27a-404 is amended to read:
1665          17-27a-404. Public hearing by planning commission on proposed general plan or
1666     amendment -- Notice -- Revisions to general plan or amendment -- Adoption or rejection
1667     by legislative body.
1668          (1) (a) After completing its recommendation for a proposed general plan, or proposal to

1669     amend the general plan, the planning commission shall schedule and hold a public hearing on
1670     the proposed plan or amendment.
1671          (b) The planning commission shall provide notice of the public hearing, as required by
1672     Section 17-27a-204.
1673          (c) After the public hearing, the planning commission may modify the proposed
1674     general plan or amendment.
1675          (2) The planning commission shall forward the proposed general plan or amendment to
1676     the legislative body.
1677          (3) (a) As provided by local ordinance and by Section 17-27a-204, the legislative body
1678     shall provide notice of its intent to consider the general plan proposal.
1679          (b) (i) In addition to the requirements of Subsections (1), (2), and (3)(a), the legislative
1680     body shall hold a public hearing in Salt Lake City on provisions of the proposed county plan
1681     regarding Subsection 17-27a-401(4). The hearing procedure shall comply with this Subsection
1682     (3)(b).
1683          (ii) The hearing format shall allow adequate time for public comment at the actual
1684     public hearing, and shall also allow for public comment in writing to be submitted to the
1685     legislative body for not fewer than 90 days after the date of the public hearing.
1686          (c) (i) The legislative body shall give notice of the hearing in accordance with this
1687     Subsection (3) when the proposed plan provisions required by Subsection 17-27a-401(4) are
1688     complete.
1689          (ii) Direct notice of the hearing shall be given, in writing, to the governor, members of
1690     the state Legislature, executive director of the Department of Environmental Quality, the state
1691     planning coordinator, the Resource Development Coordinating Committee, and any other
1692     citizens or entities who specifically request notice in writing.
1693          (iii) Public notice shall be given by publication:
1694          (A) in at least one major Utah newspaper having broad general circulation in the state;
1695          (B) in at least one Utah newspaper having a general circulation focused mainly on the
1696     county where the proposed high-level nuclear waste or greater than class C radioactive waste
1697     site is to be located; and
1698          (C) on the Utah Public Notice Website created in Section 63F-1-701.
1699          (iv) The notice shall be published to allow reasonable time for interested parties and

1700     the state to evaluate the information regarding the provisions of Subsection 17-27a-401(4),
1701     including:
1702          (A) in a newspaper described in Subsection (3)(c)(iii)(A), no less than 180 days before
1703     the date of the hearing to be held under this Subsection (3); and
1704          (B) publication described in Subsection (3)(c)(iii)(B) or (C) for 180 days before the
1705     date of the hearing to be held under this Subsection (3).
1706          (4) (a) After the public hearing required under this section, the legislative body may
1707     adopt, reject, or make any revisions to the proposed general plan that it considers appropriate.
1708          (b) The legislative body shall respond in writing and in a substantive manner to all
1709     those providing comments as a result of the hearing required by Subsection (3).
1710          [(5) (a) The county legislative body may adopt or reject the proposed general plan or
1711     amendment either as proposed by the planning commission or after making any revision the
1712     county legislative body considers appropriate.]
1713          [(b)] (c) If the county legislative body rejects the proposed general plan or amendment,
1714     it may provide suggestions to the planning commission for [its consideration] the planning
1715     commission's review and recommendation.
1716          [(6)] (5) The legislative body shall adopt:
1717          (a) a land use element as provided in Subsection 17-27a-403(2)(a)(i);
1718          (b) a transportation and traffic circulation element as provided in Subsection
1719     17-27a-403(2)(a)(ii);
1720          (c) after considering the factors included in Subsection 17-27a-403(2)(b), a plan to
1721     provide a realistic opportunity to meet the need for additional moderate income housing; and
1722          (d) before August 1, 2017, a resource management plan as provided by Subsection
1723     17-27a-403(2)(a)(iv).
1724          Section 21. Section 17-27a-408 is amended to read:
1725          17-27a-408. Reporting requirements and civil action regarding moderate income
1726     housing element of general plan.
1727          (1) The legislative body of each county of the first, second, or third class, which has a
1728     population in the county's unincorporated areas of more than 5,000 residents, shall annually:
1729          (a) review the moderate income housing plan element of the county's general plan and
1730     implementation of that element of the general plan;

1731          (b) prepare a report on the findings of the review described in Subsection (1)(a); and
1732          (c) post the report described in Subsection (1)(b) on the county's website.
1733          (2) The report described in Subsection (1) shall include:
1734          (a) a revised estimate of the need for moderate income housing in the unincorporated
1735     areas of the county for the next five years;
1736          (b) a description of progress made within the unincorporated areas of the county to
1737     provide moderate income housing demonstrated by analyzing and publishing data on the
1738     number of housing units in the county that are at or below:
1739          (i) 80% of the adjusted median family income;
1740          (ii) 50% of the adjusted median family income; and
1741          (iii) 30% of the adjusted median family income;
1742          (c) a description of any efforts made by the county to utilize a moderate income
1743     housing set-aside from a community reinvestment agency, redevelopment agency, or a
1744     community development and renewal agency; and
1745          (d) a description of how the county has implemented any of the recommendations
1746     related to moderate income housing described in Subsection 17-27a-403(2)(b)(ii).
1747          (3) The legislative body of each county described in Subsection (1) shall send a copy of
1748     the report under Subsection (1) to the Department of Workforce Services, the association of
1749     governments in which the county is located, and, if the unincorporated area of the county is
1750     located within the boundaries of a metropolitan planning organization, the appropriate
1751     metropolitan planning organization.
1752          (4) In a civil action seeking enforcement or claiming a violation of this section or of
1753     Subsection 17-27a-404[(6)](5)(c), a plaintiff may not recover damages but may be awarded
1754     only injunctive or other equitable relief.
1755          Section 22. Section 17-27a-603 is amended to read:
1756          17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
1757     acknowledgment, surveyor certification, and underground utility facility owner
1758     verification of plat -- Recording plat.
1759          (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
1760     subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
1761     the land shall provide an accurate plat that describes or specifies:

1762          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
1763     the county recorder's office;
1764          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
1765     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
1766     intended to be used as a street or for any other public use, and whether any such area is
1767     reserved or proposed for dedication for a public purpose;
1768          (c) the lot or unit reference, block or building reference, street or site address, street
1769     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
1770     and width of the blocks and lots intended for sale; and
1771          (d) every existing right-of-way and easement grant of record for an underground
1772     facility, as defined in Section 54-8a-2, and for any other utility facility.
1773          (2) (a) Subject to Subsections (3), (5), and (6), if the plat conforms to the county's
1774     ordinances and this part and has been approved by the culinary water authority, the sanitary
1775     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
1776     health department and the county consider the local health department's approval necessary, the
1777     county shall approve the plat.
1778          (b) Counties are encouraged to receive a recommendation from the fire authority and
1779     the public safety answering point before approving a plat.
1780          (c) A county may not require that a plat be approved or signed by a person or entity
1781     who:
1782          (i) is not an employee or agent of the county; or
1783          (ii) does not:
1784          (A) have a legal or equitable interest in the property within the proposed subdivision;
1785          (B) provide a utility or other service directly to a lot within the subdivision;
1786          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
1787     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
1788     relation to the plat; or
1789          (D) provide culinary public water service whose source protection zone designated as
1790     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
1791          (d) For a subdivision application that includes land located within a notification zone,
1792     as determined under Subsection (2)(f), the land use authority shall:

1793          (i) within 20 days after the day on which a complete subdivision application is filed,
1794     provide written notice of the application to the canal owner or associated canal operator contact
1795     described in:
1796          (A) Section 17-27a-211;
1797          (B) Subsection 73-5-7(2); or
1798          (C) Subsection (5)(c); and
1799          (ii) wait to approve or reject the subdivision application for at least 20 days after the
1800     day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
1801     receive input from the canal owner or associated canal operator, including input regarding:
1802          (A) access to the canal;
1803          (B) maintenance of the canal;
1804          (C) canal protection; and
1805          (D) canal safety.
1806          (e) When applicable, the subdivision applicant shall comply with Section 73-1-15.5.
1807          (f) The land use authority shall provide the notice described in Subsection (2)(d) to a
1808     canal owner or associated canal operator if:
1809          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
1810          (ii) the centerline alignment is available to the land use authority:
1811          (A) from information provided by the canal company under Section 17-27a-211 using
1812     mapping-grade global positioning satellite units or digitized data from the most recent aerial
1813     photo available to the canal owner or canal operator;
1814          (B) using the state engineer's inventory of canals under Section 73-5-7; or
1815          (C) from information provided by a surveyor under Subsection (5)(c).
1816          (3) The county may withhold an otherwise valid plat approval until the owner of the
1817     land provides the legislative body with a tax clearance indicating that all taxes, interest, and
1818     penalties owing on the land have been paid.
1819          (4) (a) Within 30 days after approving a final plat under this section, a county shall
1820     submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
1821     inclusion in the unified statewide 911 emergency service database described in Subsection
1822     63H-7a-304(4)(b):
1823          (i) an electronic copy of the approved final plat; or

1824          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
1825     for construction within the bounds of the approved plat.
1826          (b) If requested by the Automated Geographic Reference Center, a county that
1827     approves a final plat under this section shall:
1828          (i) coordinate with the Automated Geographic Reference Center to validate the
1829     information described in Subsection (4)(a); and
1830          (ii) assist the Automated Geographic Reference Center in creating electronic files that
1831     contain the information described in Subsection (4)(a) for inclusion in the unified statewide
1832     911 emergency service database.
1833          (5) (a) A county recorder may not record a plat unless, subject to Subsection
1834     17-27a-604(1):
1835          (i) prior to recordation, the county has approved and signed the plat;
1836          (ii) each owner of record of land described on the plat has signed the owner's
1837     dedication as shown on the plat; and
1838          (iii) the signature of each owner described in Subsection (5)(a)(ii) is acknowledged as
1839     provided by law.
1840          (b) The surveyor making the plat shall certify that the surveyor:
1841          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
1842     Professional Land Surveyors Licensing Act;
1843          (ii) has completed a survey of the property described on the plat in accordance with
1844     Section 17-23-17 and has verified all measurements; and
1845          (iii) has placed monuments as represented on the plat.
1846          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
1847     an existing or proposed underground facility or utility facility within the proposed subdivision,
1848     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
1849     depiction of the:
1850          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
1851     public or private easement, or grants of record;
1852          (B) location of an existing underground facility and utility facility; and
1853          (C) physical restrictions governing the location of the underground facility and utility
1854     facility within the subdivision.

1855          (ii) The cooperation of an owner or operator under Subsection (5)(c)(i):
1856          (A) indicates only that the plat approximates the location of the existing underground
1857     and utility facilities but does not warrant or verify their precise location; and
1858          (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
1859     Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
1860     applicable to prescriptive rights, or any other provision of law.
1861          (6) (a) Except as provided in Subsection (5)(c), after the plat has been acknowledged,
1862     certified, and approved, the individual seeking to record the plat shall, within the time period
1863     and manner designated by ordinance, record the plat in the county recorder's office in the
1864     county in which the lands platted and laid out are situated.
1865          (b) A failure to record a plat within the time period designated by ordinance renders the
1866     plat voidable by the land use authority.
1867          Section 23. Section 17-27a-604 is amended to read:
1868          17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
1869          (1) A person may not submit a subdivision plat to the county recorder's office for
1870     recording unless:
1871          (a) the person has complied with the requirements of Subsection 17-27a-603(5)(a);
1872          (b) the plat has been approved by:
1873          (i) the land use authority of the:
1874          (A) county in whose unincorporated area the land described in the plat is located; or
1875          (B) mountainous planning district in whose area the land described in the plat is
1876     located; and
1877          (ii) other officers that the county designates in its ordinance;
1878          (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
1879     designated officers; and
1880          (d) if the person submitting the plat intends the plat to be or if the plat is part of a
1881     community association subject to Title 57, Chapter 8a, Community Association Act, the plat
1882     includes language conveying to the association, as that term is defined in Section 57-8a-102, all
1883     common areas, as that term is defined in Section 57-8a-102.
1884          (2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if
1885     the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a,

1886     Community Association Act.
1887          (3) A plat recorded without the signatures required under this section is void.
1888          (4) A transfer of land pursuant to a void plat is voidable by the land use authority.
1889          Section 24. Section 17-27a-605 is amended to read:
1890          17-27a-605. Exemptions from plat requirement.
1891          [(1) Notwithstanding Sections 17-27a-603 and 17-27a-604, a county may establish a
1892     process to approve an administrative land use decision for the subdivision of unincorporated
1893     land or mountainous planning district land into 10 lots or less without a plat, by certifying in
1894     writing that:]
1895          (1) Notwithstanding any other provision of law, a plat is not required if:
1896          (a) a county establishes a process to approve an administrative land use decision for the
1897     subdivision of unincorporated land or mountainous planning district land into 10 or fewer lots
1898     without a plat; and
1899          (b) the county provides in writing that:
1900          [(a)] (i) the county has provided notice as required by ordinance; and
1901          [(b)] (ii) the proposed subdivision:
1902          [(i)] (A) is not traversed by the mapped lines of a proposed street as shown in the
1903     general plan unless the county has approved the location and dedication of any public street,
1904     county utility easement, any other easement, or any other land for public purposes as the
1905     county's ordinance requires;
1906          [(ii)] (B) has been approved by the culinary water authority and the sanitary sewer
1907     authority;
1908          [(iii)] (C) is located in a zoned area; and
1909          [(iv)] (D) conforms to all applicable land use ordinances or has properly received a
1910     variance from the requirements of an otherwise conflicting and applicable land use ordinance.
1911          (2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
1912     land is exempt from the plat requirements of Section 17-27a-603 if:
1913          (i) the lot or parcel:
1914          (A) qualifies as land in agricultural use under Section 59-2-502; and
1915          (B) is not used and will not be used for any nonagricultural purpose; and
1916          (ii) the new owner of record completes, signs, and records with the county recorder a

1917     notice:
1918          (A) describing the parcel by legal description; and
1919          (B) stating that the lot or parcel is created for agricultural purposes as defined in
1920     Section 59-2-502 and will remain so until a future zoning change permits other uses.
1921          (b) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
1922     purpose, the county shall require the lot or parcel to comply with the requirements of Section
1923     17-27a-603 and all applicable land use ordinance requirements.
1924          (3) (a) Except as provided in Subsection (4), a document recorded in the county
1925     recorder's office that divides property by a metes and bounds description does not create an
1926     approved subdivision allowed by this part unless the land use authority's certificate of written
1927     approval required by Subsection (1) is attached to the document.
1928          (b) The absence of the certificate or written approval required by Subsection (1) does
1929     not:
1930          (i) prohibit the county recorder from recording a document; or
1931          (ii) affect the validity of a recorded document.
1932          (c) A document which does not meet the requirements of Subsection (1) may be
1933     corrected by the recording of an affidavit to which the required certificate or written approval is
1934     attached and that complies with Section 57-3-106.
1935          (4) (a) As used in this Subsection (4):
1936          (i) "Divided land" means land that:
1937          (A) is described as the land to be divided in a notice under Subsection (4)(b)(ii); and
1938          (B) has been divided by a minor subdivision.
1939          (ii) "Land to be divided" means land that is proposed to be divided by a minor
1940     subdivision.
1941          (iii) "Minor subdivision" means a division of at least 100 contiguous acres of
1942     agricultural land in a county of the third, fourth, fifth, or sixth class to create one new lot that,
1943     after the division, is separate from the remainder of the original 100 or more contiguous acres
1944     of agricultural land.
1945          (iv) "Minor subdivision lot" means a lot created by a minor subdivision.
1946          (b) Notwithstanding Sections 17-27a-603 and 17-27a-604, an owner of at least 100
1947     contiguous acres of agricultural land may make a minor subdivision by submitting for

1948     recording in the office of the recorder of the county in which the land to be divided is located:
1949          (i) a recordable deed containing the legal description of the minor subdivision lot; and
1950          (ii) a notice:
1951          (A) indicating that the owner of the land to be divided is making a minor subdivision;
1952          (B) referring specifically to this section as the authority for making the minor
1953     subdivision; and
1954          (C) containing the legal description of:
1955          (I) the land to be divided; and
1956          (II) the minor subdivision lot.
1957          (c) A minor subdivision lot:
1958          (i) may not be less than one acre in size;
1959          (ii) may not be within 1,000 feet of another minor subdivision lot; and
1960          (iii) is not subject to the subdivision ordinance of the county in which the minor
1961     subdivision lot is located.
1962          (d) Land to be divided by a minor subdivision may not include divided land.
1963          (e) A county:
1964          (i) may not deny a building permit to an owner of a minor subdivision lot based on:
1965          (A) the lot's status as a minor subdivision lot; or
1966          (B) the absence of standards described in Subsection (4)(e)(ii); and
1967          (ii) may, in connection with the issuance of a building permit, subject a minor
1968     subdivision lot to reasonable health, safety, and access standards that the county has established
1969     and made public.
1970          (5) (a) Notwithstanding Sections 17-27a-603 and 17-27a-604, and subject to
1971     Subsection (1), the legislative body of a county may enact an ordinance allowing the
1972     subdivision of a parcel, without complying with the plat requirements of Section 17-27a-603,
1973     if:
1974          (i) the parcel contains an existing legal single family dwelling unit;
1975          (ii) the subdivision results in two parcels, one of which is agricultural land;
1976          (iii) the parcel of agricultural land:
1977          (A) qualifies as land in agricultural use under Section 59-2-502; and
1978          (B) is not used, and will not be used, for a nonagricultural purpose;

1979          (iv) both the parcel with an existing legal single family dwelling unit and the parcel of
1980     agricultural land meet the minimum area, width, frontage, and setback requirements of the
1981     applicable zoning designation in the applicable land use ordinance; and
1982          (v) the owner of record completes, signs, and records with the county recorder a notice:
1983          (A) describing the parcel of agricultural land by legal description; and
1984          (B) stating that the parcel of agricultural land is created as land in agricultural use, as
1985     defined in Section 59-2-502, and will remain as land in agricultural use until a future zoning
1986     change permits another use.
1987          (b) If a parcel of agricultural land divided from another parcel under Subsection (5)(a)
1988     is later used for a nonagricultural purpose, the exemption provided in Subsection (5)(a) no
1989     longer applies, and the county shall require the owner of the parcel to:
1990          (i) retroactively comply with the subdivision plat requirements of Section 17-27a-603;
1991     and
1992          (ii) comply with all applicable land use ordinance requirements.
1993          Section 25. Section 17-27a-608 is amended to read:
1994          17-27a-608. Subdivision amendments.
1995          (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
1996     subdivision that has been laid out and platted as provided in this part may file a written petition
1997     with the land use authority [to have some or all of the plat vacated or amended] to request a
1998     subdivision amendment.
1999          (b) Upon filing a written petition to request a subdivision amendment under Subsection
2000     (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
2001     accordance with Section 17-27a-603 that:
2002          (i) depicts only the portion of the subdivision that is proposed to be amended;
2003          (ii) includes a plat name distinguishing the amended plat from the original plat;
2004          (iii) describes the differences between the amended plat and the original plat; and
2005          (iv) includes references to the original plat.
2006          [(b)] (c) If a petition is filed under Subsection (1)(a), the land use authority shall
2007     provide notice of the petition by mail, email, or other effective means to each affected entity
2008     that provides a service to an owner of record of the portion of the plat that is being [vacated or]
2009     amended at least 10 calendar days before the land use authority may approve the [vacation or

2010     amendment of the plat] petition for a subdivision amendment.
2011          [(c)] (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
2012     public hearing within 45 days after the day on which the petition is filed if:
2013          (i) any owner within the plat notifies the county of the owner's objection in writing
2014     within 10 days of mailed notification; or
2015          (ii) a public hearing is required because all of the owners in the subdivision have not
2016     signed the revised plat.
2017          (2) Unless a local ordinance provides otherwise, the public hearing requirement of
2018     Subsection (1)[(c)](d) does not apply and a land use authority may consider at a public meeting
2019     an owner's petition [to vacate or amend a subdivision plat if] for a subdivision amendment if:
2020          (a) the petition seeks to:
2021          (i) join two or more of the petitioning fee owner's contiguous lots;
2022          (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
2023     result in a violation of a land use ordinance or a development condition;
2024          (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the
2025     adjoining lots or parcels join the petition, regardless of whether the lots or parcels are located in
2026     the same subdivision;
2027          (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
2028     imposed by the local political subdivision; or
2029          (v) alter the plat in a manner that does not change existing boundaries or other
2030     attributes of lots within the subdivision that are not:
2031          (A) owned by the petitioner; or
2032          (B) designated as a common area; and
2033          (b) notice has been given to adjacent property owners in accordance with any
2034     applicable local ordinance.
2035          (3) [Each request to vacate or amend a plat] A petition under Subsection (1)(a) that
2036     contains a request to [vacate or] amend a public street or county utility easement is also subject
2037     to Section 17-27a-609.5.
2038          (4) [Each] A petition [to vacate or] under Subsection (1)(a) that contains a request to
2039     amend an entire plat or a portion of a plat shall include:
2040          (a) the name and address of each owner of record of the land contained in:

2041          (i) the entire plat; or
2042          (ii) that portion of the plan described in the petition; and
2043          (b) the signature of each owner who consents to the petition.
2044          (5) (a) The owners of record of adjacent parcels that are described by either a metes
2045     and bounds description or by a recorded plat may exchange title to portions of those parcels if
2046     the exchange of title is approved by the land use authority in accordance with Subsection
2047     (5)(b).
2048          (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
2049     the exchange of title will not result in a violation of any land use ordinance.
2050          (c) If an exchange of title is approved under Subsection (5)(b):
2051          (i) a notice of approval shall be recorded in the office of the county recorder which:
2052          (A) is executed by each owner included in the exchange and by the land use authority;
2053          (B) contains an acknowledgment for each party executing the notice in accordance with
2054     the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
2055          (C) recites the descriptions of both the original parcels and the parcels created by the
2056     exchange of title; and
2057          (ii) a document of conveyance of title reflecting the approved change shall be recorded
2058     in the office of the county recorder.
2059          (d) A notice of approval recorded under this Subsection (5) does not act as a
2060     conveyance of title to real property and is not required to record a document conveying title to
2061     real property.
2062          (6) (a) The name of a recorded subdivision may be changed by recording an amended
2063     plat making that change, as provided in this section and subject to Subsection (6)(c).
2064          (b) The surveyor preparing the amended plat shall certify that the surveyor:
2065          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
2066     Professional Land Surveyors Licensing Act;
2067          (ii) has completed a survey of the property described on the plat in accordance with
2068     Section 17-23-17 and has verified all measurements; and
2069          (iii) has placed monuments as represented on the plat.
2070          (c) An owner of land may not submit for recording an amended plat that gives the
2071     subdivision described in the amended plat the same name as a subdivision recorded in the

2072     county recorder's office.
2073          (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
2074     document that purports to change the name of a recorded plat is void.
2075          Section 26. Section 17-27a-609.5 is amended to read:
2076          17-27a-609.5. Petition to vacate a public street.
2077          (1) In lieu of vacating some or all of a public street through a plat or amended plat in
2078     accordance with Sections 17-27a-603 through 17-27a-609, a legislative body may approve a
2079     petition to vacate a public street in accordance with this section.
2080          (2) A petition to vacate some or all of a public street or county utility easement shall
2081     include:
2082          (a) the name and address of each owner of record of land that is:
2083          (i) adjacent to the public street or county utility easement between the two nearest
2084     public street intersections; or
2085          (ii) accessed exclusively by or within 300 feet of the public street or county utility
2086     easement;
2087          (b) proof of written notice to operators of utilities located within the bounds of the
2088     public street or county utility easement sought to be vacated; and
2089          (c) the signature of each owner under Subsection (2)(a) who consents to the vacation.
2090          (3) If a petition is submitted containing a request to vacate some or all of a public street
2091     or county utility easement, the legislative body shall hold a public hearing in accordance with
2092     Section 17-27a-208 and determine whether:
2093          (a) good cause exists for the vacation; and
2094          (b) the public interest or any person will be materially injured by the proposed
2095     vacation.
2096          (4) The legislative body may adopt an ordinance granting a petition to vacate some or
2097     all of a public street or county utility easement if the legislative body finds that:
2098          (a) good cause exists for the vacation; and
2099          (b) neither the public interest nor any person will be materially injured by the vacation.
2100          (5) If the legislative body adopts an ordinance vacating some or all of a public street or
2101     county utility easement, the legislative body shall ensure that one or both of the following is
2102     recorded in the office of the recorder of the county in which the land is located:

2103          (a) a plat reflecting the vacation; or
2104          (b) (i) an ordinance described in Subsection (4); and
2105          (ii) a legal description of the public street to be vacated.
2106          (6) The action of the legislative body vacating some or all of a public street or county
2107     utility easement that has been dedicated to public use:
2108          (a) operates to the extent to which it is vacated, upon the effective date of the recorded
2109     plat or ordinance, as a revocation of the acceptance of and the relinquishment of the county's
2110     fee in the vacated street, right-of-way, or easement; and
2111          (b) may not be construed to impair:
2112          (i) any right-of-way or easement of any parcel or lot owner; or
2113          (ii) the rights of any public utility.
2114          (7) (a) A county may submit a petition, in accordance with Subsection (2), and initiate
2115     and complete a process to vacate some or all of a public street.
2116          (b) If a county submits a petition and initiates a process under Subsection (7)(a):
2117          (i) the legislative body shall hold a public hearing;
2118          (ii) the petition and process may not apply to or affect a public utility easement, except
2119     to the extent:
2120          (A) the easement is not a protected utility easement as defined in Section 54-3-27;
2121          (B) the easement is included within the public street; and
2122          (C) the notice to vacate the public street also contains a notice to vacate the easement;
2123     and
2124          (iii) a recorded ordinance to vacate a public street has the same legal effect as vacating
2125     a public street through a recorded plat or amended plat.
2126          Section 27. Section 17-27a-611 is amended to read:
2127          17-27a-611. Prohibited acts.
2128          (1) (a) [An] If a subdivision requires a plat, an owner of any land located in a
2129     subdivision who transfers or sells any land in that subdivision before a plat of the subdivision
2130     has been approved and recorded violates this part for each lot or parcel transferred or sold.
2131          (b) The description by metes and bounds in an instrument of transfer or other
2132     documents used in the process of selling or transferring does not exempt the transaction from
2133     being a violation of Subsection (1)(a) or from the penalties or remedies provided in this

2134     chapter.
2135          (c) Notwithstanding any other provision of this Subsection (1), the recording of an
2136     instrument of transfer or other document used in the process of selling or transferring real
2137     property that violates this part:
2138          (i) does not affect the validity of the instrument or other document; and
2139          (ii) does not affect whether the property that is the subject of the instrument or other
2140     document complies with applicable county ordinances on land use and development.
2141          (2) (a) A county may bring an action against an owner to require the property to
2142     conform to the provisions of this part or an ordinance enacted under the authority of this part.
2143          (b) An action under this Subsection (2) may include an injunction[, abatement, merger
2144     of title,] or any other appropriate action or proceeding to prevent[,] or enjoin[, or abate] the
2145     violation.
2146          (c) A county need only establish the violation to obtain the injunction.
2147          Section 28. Section 17-27a-701 is amended to read:
2148          17-27a-701. Appeal authority required -- Condition precedent to judicial review
2149     -- Appeal authority duties.
2150          (1) Each county adopting a land use ordinance shall, by ordinance, establish one or
2151     more appeal authorities to hear and decide:
2152          (a) requests for variances from the terms of the land use ordinances;
2153          (b) appeals from decisions applying the land use ordinances; and
2154          (c) appeals from a fee charged in accordance with Section 17-27a-509.
2155          (2) As a condition precedent to judicial review, each adversely affected [person] party
2156     shall timely and specifically challenge a land use authority's decision, in accordance with local
2157     ordinance.
2158          (3) An appeal authority:
2159          (a) shall:
2160          (i) act in a quasi-judicial manner; and
2161          (ii) serve as the final arbiter of issues involving the interpretation or application of land
2162     use ordinances; and
2163          (b) may not entertain an appeal of a matter in which the appeal authority, or any
2164     participating member, had first acted as the land use authority.

2165          (4) By ordinance, a county may:
2166          (a) designate a separate appeal authority to hear requests for variances than the appeal
2167     authority it designates to hear appeals;
2168          (b) designate one or more separate appeal authorities to hear distinct types of appeals
2169     of land use authority decisions;
2170          (c) require an adversely affected party to present to an appeal authority every theory of
2171     relief that it can raise in district court;
2172          (d) not require [an] a land use applicant or adversely affected party to pursue duplicate
2173     or successive appeals before the same or separate appeal authorities as a condition of [the
2174     adversely affected] an appealing party's duty to exhaust administrative remedies; and
2175          (e) provide that specified types of land use decisions may be appealed directly to the
2176     district court.
2177          (5) If the county establishes or, prior to the effective date of this chapter, has
2178     established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
2179     board, body, or panel shall:
2180          (a) notify each of its members of any meeting or hearing of the board, body, or panel;
2181          (b) provide each of its members with the same information and access to municipal
2182     resources as any other member;
2183          (c) convene only if a quorum of its members is present; and
2184          (d) act only upon the vote of a majority of its convened members.
2185          Section 29. Section 17-27a-703 is amended to read:
2186          17-27a-703. Appealing a land use authority's decision -- Panel of experts for
2187     appeals of geologic hazard decisions.
2188          (1) The land use applicant, a board or officer of the county, or [any person adversely
2189     affected by the land use authority's decision administering or interpreting a land use ordinance]
2190     an adversely affected party may, within the time period provided by ordinance, appeal that
2191     decision to the appeal authority by alleging that there is error in any order, requirement,
2192     decision, or determination made by the land use authority in the administration or interpretation
2193     of the land use ordinance.
2194          (2) (a) [An] A land use applicant who has appealed a decision of the land use authority
2195     administering or interpreting the county's geologic hazard ordinance may request the county to

2196     assemble a panel of qualified experts to serve as the appeal authority for purposes of
2197     determining the technical aspects of the appeal.
2198          (b) If [an] a land use applicant makes a request under Subsection (2)(a), the county
2199     shall assemble the panel described in Subsection (2)(a) consisting of, unless otherwise agreed
2200     by the land use applicant and county:
2201          (i) one expert designated by the county;
2202          (ii) one expert designated by the land use applicant; and
2203          (iii) one expert chosen jointly by the county's designated expert and the applicant's land
2204     use designated expert.
2205          (c) A member of the panel assembled by the county under Subsection (2)(b) may not
2206     be associated with the application that is the subject of the appeal.
2207          (d) The land use applicant shall pay:
2208          (i) 1/2 of the cost of the panel; and
2209          (ii) the county's published appeal fee.
2210          Section 30. Section 17-27a-704 is amended to read:
2211          17-27a-704. Time to appeal.
2212          (1) The county shall enact an ordinance establishing a reasonable time of not less than
2213     10 days to appeal to an appeal authority a written decision issued by a land use authority.
2214          (2) In the absence of an ordinance establishing a reasonable time to appeal, [an] a land
2215     use applicant or adversely affected party shall have 10 calendar days to appeal to an appeal
2216     authority a written decision issued by a land use authority.
2217          Section 31. Section 17-27a-801 is amended to read:
2218          17-27a-801. No district court review until administrative remedies exhausted --
2219     Time for filing -- Tolling of time -- Standards governing court review -- Record on review
2220     -- Staying of decision.
2221          (1) No person may challenge in district court a land use decision until that person has
2222     exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
2223     Variances, if applicable.
2224          (2) (a) [Any person adversely affected by a final decision made in the exercise of or in
2225     violation of the provisions of this chapter] A land use applicant or adversely affected party may
2226     file a petition for review of the decision with the district court within 30 days after the decision

2227     is final.
2228          (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
2229     property owner files a request for arbitration of a constitutional taking issue with the property
2230     rights ombudsman under Section 13-43-204 until 30 days after:
2231          (A) the arbitrator issues a final award; or
2232          (B) the property rights ombudsman issues a written statement under Subsection
2233     13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
2234          (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
2235     taking issue that is the subject of the request for arbitration filed with the property rights
2236     ombudsman by a property owner.
2237          (iii) A request for arbitration filed with the property rights ombudsman after the time
2238     under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
2239          (3) (a) A court shall:
2240          (i) presume that a land use regulation properly enacted under the authority of this
2241     chapter is valid; and
2242          (ii) determine only whether:
2243          (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
2244     or federal law; and
2245          (B) it is reasonably debatable that the land use regulation is consistent with this
2246     chapter.
2247          (b) A court shall:
2248          (i) presume that a final decision of a land use authority or an appeal authority is valid;
2249     and
2250          (ii) uphold the decision unless the decision is:
2251          (A) arbitrary and capricious; or
2252          (B) illegal.
2253          (c) (i) A decision is arbitrary and capricious if the decision is not supported by
2254     substantial evidence in the record.
2255          (ii) A decision is illegal if the decision is:
2256          (A) based on an incorrect interpretation of a land use regulation; or
2257          (B) contrary to law.

2258          (d) (i) A court may affirm or reverse the decision of a land use authority.
2259          (ii) If the court reverses a denial of a land use application, the court shall remand the
2260     matter to the land use authority with instructions to issue an approval consistent with the court's
2261     decision.
2262          (4) The provisions of Subsection (2)(a) apply from the date on which the county takes
2263     final action on a land use application [for any adversely affected third party], if the county
2264     conformed with the notice provisions of Part 2, Notice, or for any person who had actual notice
2265     of the pending decision.
2266          (5) If the county has complied with Section 17-27a-205, a challenge to the enactment
2267     of a land use regulation or general plan may not be filed with the district court more than 30
2268     days after the enactment.
2269          (6) A challenge to a land use decision is barred unless the challenge is filed within 30
2270     days after the land use decision is final.
2271          (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
2272     the reviewing court the record of its proceedings, including its minutes, findings, orders and, if
2273     available, a true and correct transcript of its proceedings.
2274          (b) If the proceeding was recorded, a transcript of that recording is a true and correct
2275     transcript for purposes of this Subsection (7).
2276          (8) (a) (i) If there is a record, the district court's review is limited to the record provided
2277     by the land use authority or appeal authority, as the case may be.
2278          (ii) The court may not accept or consider any evidence outside the record of the land
2279     use authority or appeal authority, as the case may be, unless that evidence was offered to the
2280     land use authority or appeal authority, respectively, and the court determines that it was
2281     improperly excluded.
2282          (b) If there is no record, the court may call witnesses and take evidence.
2283          (9) (a) The filing of a petition does not stay the decision of the land use authority or
2284     appeal authority, as the case may be.
2285          (b) (i) Before filing a petition under this section or a request for mediation or
2286     arbitration of a constitutional taking issue under Section 13-43-204, [the aggrieved party] a
2287     land use applicant may petition the appeal authority to stay its decision.
2288          (ii) Upon receipt of a petition to stay, the appeal authority may order its decision stayed

2289     pending district court review if the appeal authority finds it to be in the best interest of the
2290     county.
2291          (iii) After a petition is filed under this section or a request for mediation or arbitration
2292     of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
2293     injunction staying the appeal authority's decision.
2294          (10) If the court determines that a party initiated or pursued a challenge to the decision
2295     on a land use application in bad faith, the court may award attorney fees.
2296          Section 32. Section 17-27a-802 is amended to read:
2297          17-27a-802. Enforcement.
2298          (1) (a) A county [or any adversely affected owner of real estate within the county in
2299     which violations of this chapter or ordinances enacted under the authority of this chapter occur
2300     or are about to occur] or an adversely affected party may, in addition to other remedies
2301     provided by law, institute:
2302          (i) injunctions, mandamus, abatement, or any other appropriate actions; or
2303          (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
2304          (b) A county need only establish the violation to obtain the injunction.
2305          (2) (a) A county may enforce the county's ordinance by withholding a building permit.
2306          (b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any
2307     building or other structure within a county without approval of a building permit.
2308          (c) The county may not issue a building permit unless the plans of and for the proposed
2309     erection, construction, reconstruction, alteration, or use fully conform to all regulations then in
2310     effect.
2311          (d) A county may not deny an applicant a building permit or certificate of occupancy
2312     because the applicant has not completed an infrastructure improvement:
2313          (i) that is not essential to meet the requirements for the issuance of a building permit or
2314     certificate of occupancy under the building code and fire code; and
2315          (ii) for which the county has accepted an improvement completion assurance for
2316     landscaping or infrastructure improvements for the development.
2317          Section 33. Section 63I-2-217 is amended to read:
2318          63I-2-217. Repeal dates -- Title 17.
2319          (1) Section 17-22-32.2, regarding restitution reporting, is repealed January 1, 2021.

2320          (2) Section 17-22-32.3, regarding the Jail Incarceration and Transportation Costs Study
2321     Council, is repealed January 1, 2021.
2322          (3) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
2323     planning district" is repealed June 1, 2021.
2324          (4) (a) Subsection 17-27a-103(18)(b), regarding a mountainous planning district, is
2325     repealed June 1, 2021.
2326          (b) Subsection 17-27a-103(42), regarding a mountainous planning district, is repealed
2327     June 1, 2021.
2328          (5) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
2329     district area" is repealed June 1, 2021.
2330          (6) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning district, is
2331     repealed June 1, 2021.
2332          (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
2333     June 1, 2021.
2334          (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
2335     (1)(a) or (c)" is repealed June 1, 2021.
2336          (7) Section 17-27a-302, the language that states ", or mountainous planning district"
2337     and "or the mountainous planning district," is repealed June 1, 2021.
2338          (8) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
2339     district or" and ", as applicable" is repealed June 1, 2021.
2340          (9) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning district, is
2341     repealed June 1, 2021.
2342          (b) Subsection 17-27a-401(7), regarding a mountainous planning district, is repealed
2343     June 1, 2021.
2344          (10) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning district, is
2345     repealed June 1, 2021.
2346          (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
2347     repealed June 1, 2021.
2348          (c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
2349     planning district" is repealed June 1, 2021.
2350          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning

2351     district" is repealed June 1, 2021.
2352          (11) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning district, is
2353     repealed June 1, 2021.
2354          (12) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning district, is
2355     repealed June 1, 2021.
2356          (13) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
2357     mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
2358          (14) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning district, is
2359     repealed June 1, 2021.
2360          (15) Subsection 17-27a-605(1)(a), the language that states "or mountainous planning
2361     district land" is repealed June 1, 2021.
2362          (16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
2363     2021.
2364          (17) On June 1, 2021, when making the changes in this section, the Office of
2365     Legislative Research and General Counsel shall:
2366          (a) in addition to its authority under Subsection 36-12-12(3):
2367          (i) make corrections necessary to ensure that sections and subsections identified in this
2368     section are complete sentences and accurately reflect the office's understanding of the
2369     Legislature's intent; and
2370          (ii) make necessary changes to subsection numbering and cross references; and
2371          (b) identify the text of the affected sections and subsections based upon the section and
2372     subsection numbers used in Laws of Utah 2017, Chapter 448.
2373          (18) Subsection 17-34-1(5)(d), regarding county funding of certain municipal services
2374     in a designated recreation area, is repealed June 1, 2021.
2375          (19) On June 1, 2020:
2376          (a) Section 17-52a-104 is repealed;
2377          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
2378     described in Subsection 17-52a-104(2)," is repealed;
2379          (c) Subsection 17-52a-301(3)(a)(vi) is repealed;
2380          (d) in Subsection 17-52a-501(1), the language that states "or, for a county under a
2381     pending process described in Section 17-52a-104, under Section 17-52-204 as that section was

2382     in effect on March 14, 2018," is repealed; and
2383          (e) in Subsection 17-52a-501(3)(a), the language that states "or, for a county under a
2384     pending process described in Section 17-52a-104, the attorney's report that is described in
2385     Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a
2386     statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14,
2387     2018," is repealed.
2388          (20) On January 1, 2028, Subsection 17-52a-102(3) is repealed.
2389          Section 34. Section 63J-4-607 is amended to read:
2390          63J-4-607. Resource management plan administration.
2391          (1) The office shall consult with the Federalism Commission before expending funds
2392     appropriated by the Legislature for the implementation of this section.
2393          (2) To the extent that the Legislature appropriates sufficient funding, the office may
2394     procure the services of a non-public entity in accordance with Title 63G, Chapter 6a, Utah
2395     Procurement Code, to assist the office with the office's responsibilities described in Subsection
2396     (3).
2397          (3) The office shall:
2398          (a) assist each county with the creation of the county's resource management plan by:
2399          (i) consulting with the county on policy and legal issues related to the county's resource
2400     management plan; and
2401          (ii) helping the county ensure that the county's resource management plan meets the
2402     requirements of Subsection 17-27a-401(3);
2403          (b) promote quality standards among all counties' resource management plans; and
2404          (c) upon submission by a county, review and verify the county's:
2405          (i) estimated cost for creating a resource management plan; and
2406          (ii) actual cost for creating a resource management plan.
2407          (4) (a) A county shall cooperate with the office, or an entity procured by the office
2408     under Subsection (2), with regards to the office's responsibilities under Subsection (3).
2409          (b) To the extent that the Legislature appropriates sufficient funding, the office may, in
2410     accordance with Subsection (4)(c), provide funding to a county before the county completes a
2411     resource management plan.
2412          (c) The office may provide pre-completion funding described in Subsection (4)(b):

2413          (i) after:
2414          (A) the county submits an estimated cost for completing the resource management plan
2415     to the office; and
2416          (B) the office reviews and verifies the estimated cost in accordance with Subsection
2417     (3)(c)(i); and
2418          (ii) in an amount up to:
2419          (A) 50% of the estimated cost of completing the resource management plan, verified
2420     by the office; or
2421          (B) $25,000, if the amount described in Subsection (4)(c)(i)(A) is greater than $25,000.
2422          (d) To the extent that the Legislature appropriates sufficient funding, the office shall
2423     provide funding to a county in the amount described in Subsection (4)(e) after:
2424          (i) a county's resource management plan:
2425          (A) meets the requirements described in Subsection 17-27a-401(3); and
2426          (B) is adopted under Subsection 17-27a-404[(6)](5)(d);
2427          (ii) the county submits the actual cost of completing the resource management plan to
2428     the office; and
2429          (iii) the office reviews and verifies the actual cost in accordance with Subsection
2430     (3)(c)(ii).
2431          (e) The office shall provide funding to a county under Subsection (4)(d) in an amount
2432     equal to the difference between:
2433          (i) the lesser of:
2434          (A) the actual cost of completing the resource management plan, verified by the office;
2435     or
2436          (B) $50,000; and
2437          (ii) the amount of any pre-completion funding that the county received under
2438     Subsections (4)(b) and (c).
2439          (5) To the extent that the Legislature appropriates sufficient funding, after the deadline
2440     established in Subsection 17-27a-404[(6)](5)(d) for a county to adopt a resource management
2441     plan, the office shall:
2442          (a) obtain a copy of each county's resource management plan;
2443          (b) create a statewide resource management plan that:

2444          (i) meets the same requirements described in Subsection 17-27a-401(3); and
2445          (ii) to the extent reasonably possible, coordinates and is consistent with any resource
2446     management plan or land use plan established under Chapter 8, State of Utah Resource
2447     Management Plan for Federal Lands; and
2448          (c) submit a copy of the statewide resource management plan to the Federalism
2449     Commission for review.
2450          (6) Following review of the statewide resource management plan, the Federalism
2451     Commission shall prepare a concurrent resolution approving the statewide resource
2452     management plan for consideration during the 2018 General Session.
2453          (7) To the extent that the Legislature appropriates sufficient funding, the office shall
2454     provide legal support to a county that becomes involved in litigation with the federal
2455     government over the requirements of Subsection 17-27a-405(3).
2456          (8) After the statewide resource management plan is approved, as described in
2457     Subsection (6), and to the extent that the Legislature appropriates sufficient funding, the office
2458     shall monitor the implementation of the statewide resource management plan at the federal,
2459     state, and local levels.