This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Thu, Mar 4, 2021 at 6:51 PM by lpoole.
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8 LONG TITLE
9 General Description:
10 This bill revises provisions related to municipal and county land use development and
11 management.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ establishes certain annual training requirements for a municipal or county planning
16 commission;
17 ▸ requires a local land use authority to establish objective standards for conditional
18 uses;
19 ▸ prohibits a municipality or county from imposing certain land use regulations on
20 specified building permit applicants;
21 ▸ establishes certain requirements governing municipal and county development
22 agreements;
23 ▸ prohibits a municipality or county from imposing certain requirements related to the
24 installation of pavement for specified infrastructure improvements involving
25 roadways;
26 ▸ requires a municipality or county to establish by ordinance certain standards for
27 infrastructure improvements involving roadways;
28 ▸ modifies provisions related to property boundary adjustments, subdivision
29 amendments, and public street vacations;
30 ▸ prohibits a municipal or county land use appeal authority from hearing an appeal
31 from the enactment of a land use regulation; and
32 ▸ makes technical and conforming changes.
33 Money Appropriated in this Bill:
34 None
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 10-9a-103, as last amended by Laws of Utah 2020, Chapter 434
40 10-9a-302, as last amended by Laws of Utah 2020, Chapter 434
41 10-9a-507, as last amended by Laws of Utah 2019, Chapter 384
42 10-9a-509, as last amended by Laws of Utah 2020, Chapter 434
43 10-9a-523, as enacted by Laws of Utah 2013, Chapter 334
44 10-9a-524, as enacted by Laws of Utah 2013, Chapter 334
45 10-9a-529, as enacted by Laws of Utah 2020, Chapter 434
46 10-9a-601, as last amended by Laws of Utah 2019, Chapter 384
47 10-9a-608, as last amended by Laws of Utah 2020, Chapter 434
48 10-9a-609.5, as last amended by Laws of Utah 2020, Chapter 434
49 10-9a-701, as last amended by Laws of Utah 2020, Chapters 126 and 434
50 10-9a-801, as last amended by Laws of Utah 2020, Chapter 434
51 17-27a-103, as last amended by Laws of Utah 2020, Chapter 434
52 17-27a-302, as last amended by Laws of Utah 2020, Chapter 434
53 17-27a-506, as last amended by Laws of Utah 2019, Chapter 384
54 17-27a-508, as last amended by Laws of Utah 2019, Chapter 384 and last amended by
55 Coordination Clause, Laws of Utah 2019, Chapter 384
56 17-27a-522, as enacted by Laws of Utah 2013, Chapter 334
57 17-27a-523, as enacted by Laws of Utah 2013, Chapter 334
58 17-27a-601, as last amended by Laws of Utah 2019, Chapter 384
59 17-27a-608, as last amended by Laws of Utah 2020, Chapter 434
60 17-27a-609.5, as last amended by Laws of Utah 2020, Chapter 434
61 17-27a-701, as last amended by Laws of Utah 2020, Chapter 434
62 17-27a-801, as last amended by Laws of Utah 2020, Chapter 434
63 57-1-13, as last amended by Laws of Utah 2019, Chapter 384
64 57-1-45, as last amended by Laws of Utah 2019, Chapter 384
65 63I-2-217, as last amended by Laws of Utah 2020, Chapters 47, 114, and 434
66 ENACTS:
67 10-9a-530, Utah Code Annotated 1953
68 10-9a-531, Utah Code Annotated 1953
69 17-27a-526, Utah Code Annotated 1953
70 17-27a-527, Utah Code Annotated 1953
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72 Be it enacted by the Legislature of the state of Utah:
73 Section 1. Section 10-9a-103 is amended to read:
74 10-9a-103. Definitions.
75 As used in this chapter:
76 (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
77 detached from a primary single-family dwelling and contained on one lot.
78 (2) "Adversely affected party" means a person other than a land use applicant who:
79 (a) owns real property adjoining the property that is the subject of a land use
80 application or land use decision; or
81 (b) will suffer a damage different in kind than, or an injury distinct from, that of the
82 general community as a result of the land use decision.
83 (3) "Affected entity" means a county, municipality, local district, special service
84 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
85 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
86 public utility, property owner, property owners association, or the Utah Department of
87 Transportation, if:
88 (a) the entity's services or facilities are likely to require expansion or significant
89 modification because of an intended use of land;
90 (b) the entity has filed with the municipality a copy of the entity's general or long-range
91 plan; or
92 (c) the entity has filed with the municipality a request for notice during the same
93 calendar year and before the municipality provides notice to an affected entity in compliance
94 with a requirement imposed under this chapter.
95 (4) "Affected owner" means the owner of real property that is:
96 (a) a single project;
97 (b) the subject of a land use approval that sponsors of a referendum timely challenged
98 in accordance with Subsection 20A-7-601(5)(a); and
99 (c) determined to be legally referable under Section 20A-7-602.8.
100 (5) "Appeal authority" means the person, board, commission, agency, or other body
101 designated by ordinance to decide an appeal of a decision of a land use application or a
102 variance.
103 (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
104 residential property if the sign is designed or intended to direct attention to a business, product,
105 or service that is not sold, offered, or existing on the property where the sign is located.
106 (7) (a) "Charter school" means:
107 (i) an operating charter school;
108 (ii) a charter school applicant that [
109 authorizer approves in accordance with Title 53G, Chapter 5, Part 3, Charter School
110 Authorization; or
111 (iii) an entity that is working on behalf of a charter school or approved charter
112 applicant to develop or construct a charter school building.
113 (b) "Charter school" does not include a therapeutic school.
114 (8) "Conditional use" means a land use that, because of [
115 or potential impact of the land use on the municipality, surrounding neighbors, or adjacent land
116 uses, may not be compatible in some areas or may be compatible only if certain conditions are
117 required that mitigate or eliminate the detrimental impacts.
118 (9) "Constitutional taking" means a governmental action that results in a taking of
119 private property so that compensation to the owner of the property is required by the:
120 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
121 (b) Utah Constitution Article I, Section 22.
122 (10) "Culinary water authority" means the department, agency, or public entity with
123 responsibility to review and approve the feasibility of the culinary water system and sources for
124 the subject property.
125 (11) "Development activity" means:
126 (a) any construction or expansion of a building, structure, or use that creates additional
127 demand and need for public facilities;
128 (b) any change in use of a building or structure that creates additional demand and need
129 for public facilities; or
130 (c) any change in the use of land that creates additional demand and need for public
131 facilities.
132 (12) (a) "Development agreement" means a written agreement or amendment to a
133 written agreement between a municipality and one or more parties that regulates or controls the
134 use or development of a specific area of land.
135 (b) "Development agreement" does not include an improvement completion assurance.
136 [
137 limits one or more of a person's major life activities, including a person having a record of such
138 an impairment or being regarded as having such an impairment.
139 (b) "Disability" does not include current illegal use of, or addiction to, any federally
140 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
141 802.
142 [
143 (a) means:
144 (i) a school district's building at which pupils assemble to receive instruction in a
145 program for any combination of grades from preschool through grade 12, including
146 kindergarten and a program for children with disabilities;
147 (ii) a structure or facility:
148 (A) located on the same property as a building described in Subsection [
149 (14)(a)(i); and
150 (B) used in support of the use of that building; and
151 (iii) a building to provide office and related space to a school district's administrative
152 personnel; and
153 (b) does not include:
154 (i) land or a structure, including land or a structure for inventory storage, equipment
155 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
156 (A) not located on the same property as a building described in Subsection [
157 (14)(a)(i); and
158 (B) used in support of the purposes of a building described in Subsection [
159 (14)(a)(i); or
160 (ii) a therapeutic school.
161 [
162 responsibility to review and approve the feasibility of fire protection and suppression services
163 for the subject property.
164 [
165 (a) is within the 100-year flood plain designated by the Federal Emergency
166 Management Agency; or
167 (b) has not been studied or designated by the Federal Emergency Management Agency
168 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
169 the land has characteristics that are similar to those of a 100-year flood plain designated by the
170 Federal Emergency Management Agency.
171 [
172 general guidelines for proposed future development of the land within the municipality.
173 [
174 (a) a surface fault rupture;
175 (b) shallow groundwater;
176 (c) liquefaction;
177 (d) a landslide;
178 (e) a debris flow;
179 (f) unstable soil;
180 (g) a rock fall; or
181 (h) any other geologic condition that presents a risk:
182 (i) to life;
183 (ii) of substantial loss of real property; or
184 (iii) of substantial damage to real property.
185 [
186 other body designated by a legislative body to:
187 (a) recommend land use regulations to preserve local historic districts or areas; and
188 (b) administer local historic preservation land use regulations within a local historic
189 district or area.
190 [
191 line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or
192 other utility system.
193 [
194 (a) are clearly marked as "identical plans";
195 (b) are substantially identical to building plans that were previously submitted to and
196 reviewed and approved by the municipality; and
197 (c) describe a building that:
198 (i) is located on land zoned the same as the land on which the building described in the
199 previously approved plans is located;
200 (ii) is subject to the same geological and meteorological conditions and the same law
201 as the building described in the previously approved plans;
202 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
203 and approved by the municipality; and
204 (iv) does not require any additional engineering or analysis.
205 [
206 36a, Impact Fees Act.
207 [
208 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
209 by a municipality to guaranty the proper completion of landscaping or an infrastructure
210 improvement required as a condition precedent to:
211 (a) recording a subdivision plat; or
212 (b) development of a commercial, industrial, mixed use, or multifamily project.
213 [
214 the applicant's installed and accepted landscaping or infrastructure improvement:
215 (a) complies with the municipality's written standards for design, materials, and
216 workmanship; and
217 (b) will not fail in any material respect, as a result of poor workmanship or materials,
218 within the improvement warranty period.
219 [
220 (a) no later than one year after a municipality's acceptance of required landscaping; or
221 (b) no later than one year after a municipality's acceptance of required infrastructure,
222 unless the municipality:
223 (i) determines for good cause that a one-year period would be inadequate to protect the
224 public health, safety, and welfare; and
225 (ii) has substantial evidence, on record:
226 (A) of prior poor performance by the applicant; or
227 (B) that the area upon which the infrastructure will be constructed contains suspect soil
228 and the municipality has not otherwise required the applicant to mitigate the suspect soil.
229 [
230 essential for the public health and safety or that:
231 (a) is required for human occupation; and
232 (b) an applicant must install:
233 (i) in accordance with published installation and inspection specifications for public
234 improvements; and
235 (ii) whether the improvement is public or private, as a condition of:
236 (A) recording a subdivision plat;
237 (B) obtaining a building permit; or
238 (C) development of a commercial, industrial, mixed use, condominium, or multifamily
239 project.
240 [
241 platted designation that:
242 (a) runs with the land; and
243 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
244 the plat; or
245 (ii) designates a development condition that is enclosed within the perimeter of a lot
246 described on the plat.
247 [
248 designee, who submits a land use application regarding the property owner's land.
249 [
250 (a) means an application that is:
251 (i) required by a municipality; and
252 (ii) submitted by a land use applicant to obtain a land use decision; and
253 (b) does not mean an application to enact, amend, or repeal a land use regulation.
254 [
255 (a) a person, board, commission, agency, or body, including the local legislative body,
256 designated by the local legislative body to act upon a land use application; or
257 (b) if the local legislative body has not designated a person, board, commission,
258 agency, or body, the local legislative body.
259 [
260 authority or appeal authority regarding:
261 (a) a land use permit;
262 (b) a land use application; or
263 (c) the enforcement of a land use regulation, land use permit, or development
264 agreement.
265 [
266 [
267 (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
268 specification, fee, or rule that governs the use or development of land;
269 (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
270 and
271 (c) does not include:
272 (i) a land use decision of the legislative body acting as the land use authority, even if
273 the decision is expressed in a resolution or ordinance; or
274 (ii) a temporary revision to an engineering specification that does not materially:
275 (A) increase a land use applicant's cost of development compared to the existing
276 specification; or
277 (B) impact a land use applicant's use of land.
278 [
279 [
280 Government Entities - Local Districts, and any other governmental or quasi-governmental
281 entity that is not a county, municipality, school district, or the state.
282 [
283 (a) contains any combination of buildings, structures, sites, objects, landscape features,
284 archeological sites, or works of art that contribute to the historic preservation goals of a
285 legislative body; and
286 (b) is subject to land use regulations to preserve the historic significance of the local
287 historic district or area.
288 [
289 shown on a subdivision plat that has been recorded in the office of the county recorder.
290 [
291 adjoining lots or between a lot and adjoining parcels[
292 (i) whether or not the lots are located in the same subdivision[
293
294 (ii) with the consent of the owners of record.
295 (b) "Lot line adjustment" does not mean a new boundary line that:
296 (i) creates an additional lot; or
297 (ii) constitutes a subdivision.
297a Ŝ→ (c) "Lot line adjustment" does not include a boundary line adjustment made by the
297b Department of Transportation. ←Ŝ
298 [
299 occupies:
300 (a) public transit rail right-of-way;
301 (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
302 or
303 (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
304 municipality or county and:
305 (i) a public transit district as defined in Section 17B-2a-802; or
306 (ii) an eligible political subdivision as defined in Section 59-12-2219.
307 [
308 occupancy by households with a gross household income equal to or less than 80% of the
309 median gross income for households of the same size in the county in which the city is located.
310 [
311 (a) is created or depicted on a plat recorded in a county recorder's office and is
312 described as a municipal utility easement granted for public use;
313 (b) is not a protected utility easement or a public utility easement as defined in Section
314 54-3-27;
315 (c) the municipality or the municipality's affiliated governmental entity uses and
316 occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
317 water, or communications or data lines;
318 (d) is used or occupied with the consent of the municipality in accordance with an
319 authorized franchise or other agreement;
320 (e) (i) is used or occupied by a specified public utility in accordance with an authorized
321 franchise or other agreement; and
322 (ii) is located in a utility easement granted for public use; or
323 (f) is described in Section 10-9a-529 and is used by a specified public utility.
324 [
325 for time spent and expenses incurred in:
326 (a) verifying that building plans are identical plans; and
327 (b) reviewing and approving those minor aspects of identical plans that differ from the
328 previously reviewed and approved building plans.
329 [
330 (a) legally existed before [
331 (b) because of one or more subsequent land use ordinance changes, does not conform
332 to the setback, height restrictions, or other regulations, excluding those regulations, which
333 govern the use of land.
334 [
335 (a) legally existed before its current land use designation;
336 (b) has been maintained continuously since the time the land use ordinance governing
337 the land changed; and
338 (c) because of one or more subsequent land use ordinance changes, does not conform
339 to the regulations that now govern the use of the land.
340 [
341 a county recorder's office that:
342 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
343 highways and other transportation facilities;
344 (b) provides a basis for restricting development in designated rights-of-way or between
345 designated setbacks to allow the government authorities time to purchase or otherwise reserve
346 the land; and
347 (c) has been adopted as an element of the municipality's general plan.
348 [
349
350 [
351 owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
352 line agreement in accordance with Section [
353 created and:
354 (i) none of the property identified in the agreement is [
355 (ii) the adjustment is to the boundaries of a single person's parcels.
356 (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
357 line that:
358 (i) creates an additional parcel; or
359 (ii) constitutes a subdivision.
359a Ŝ→ (c) "Parcel boundary adjustment" does not include a boundary line adjustment made
359b by the Department of Transportation. ←Ŝ
360 [
361 association, trust, governmental agency, or any other legal entity.
362 [
363 a municipality's legislative body that includes:
364 (a) an estimate of the existing supply of moderate income housing located within the
365 municipality;
366 (b) an estimate of the need for moderate income housing in the municipality for the
367 next five years;
368 (c) a survey of total residential land use;
369 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
370 income housing; and
371 (e) a description of the municipality's program to encourage an adequate supply of
372 moderate income housing.
373 [
374 map or other graphical representation of lands that a licensed professional land surveyor makes
375 and prepares in accordance with Section 10-9a-603 or 57-8-13.
376 [
377 (a) is designated by a Utah Geological Survey map, county geologist map, or other
378 relevant map or report as needing further study to determine the area's potential for geologic
379 hazard; or
380 (b) has not been studied by the Utah Geological Survey or a county geologist but
381 presents the potential of geologic hazard because the area has characteristics similar to those of
382 a designated geologic hazard area.
383 [
384 (a) the federal government;
385 (b) the state;
386 (c) a county, municipality, school district, local district, special service district, or other
387 political subdivision of the state; or
388 (d) a charter school.
389 [
390 provided a reasonable opportunity to comment on the subject of the hearing.
391 [
392 under Title 52, Chapter 4, Open and Public Meetings Act.
393 [
394 public avenue, public boulevard, public parkway, public road, public lane, public alley, public
395 viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
396 easement, or other public way.
397 [
398 designates, by ordinance, as an area in which an owner of land may receive a transferable
399 development right.
400 [
401 accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
402 [
403 (a) in which more than one person with a disability resides; and
404 (b) (i) which is licensed or certified by the Department of Human Services under Title
405 62A, Chapter 2, Licensure of Programs and Facilities; or
406 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
407 21, Health Care Facility Licensing and Inspection Act.
408 [
409 prescribe in a public meeting:
410 (a) parliamentary order and procedure;
411 (b) ethical behavior; and
412 (c) civil discourse.
413 [
414 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
415 wastewater systems.
416 [
417 designates, by ordinance, as an area from which an owner of land may transfer a transferable
418 development right.
419 [
420 (a) the state;
421 (b) a school district; or
422 (c) a charter school.
423 [
424 or telephone corporation, as those terms are defined in Section 54-2-1.
425 [
426 [
427
428 (65) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
429 divided into two or more lots or other division of land for the purpose, whether immediate or
430 future, for offer, sale, lease, or development either on the installment plan or upon any and all
431 other plans, terms, and conditions.
432 (b) "Subdivision" includes:
433 (i) the division or development of land, whether by deed, metes and bounds
434 description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
435 the division includes all or a portion of a parcel or lot; and
436 (ii) except as provided in Subsection (65)(c), divisions of land for residential and
437 nonresidential uses, including land used or to be used for commercial, agricultural, and
438 industrial purposes.
439 (c) "Subdivision" does not include:
440 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
441 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
442 neither the resulting combined parcel nor the parcel remaining from the division or partition
443 violates an applicable land use ordinance;
444 (ii) [
445 owners of adjoining [
446
447 is created;
448 [
449 [
450 (iii) a recorded document, executed by the owner of record:
451 (A) revising the legal [
452
453 encompassing all such parcels [
454 (B) joining a [
455
456 (iv) [
457 adjusting the mutual lot line boundary in accordance with [
458 10-9a-524 and 10-9a-608 if:
459 (A) no new dwelling lot or housing unit will result from the adjustment; and
460 (B) the adjustment will not violate any applicable land use ordinance;
461 (v) a bona fide division [
462
463 division:
464 (A) [
465 the parcel or parcels;
466 (B) does not confer any land use approvals; and
467 (C) has not been approved by the land use authority;
468 (vi) a parcel boundary adjustment;
469 (vii) a lot line adjustment;
470 (viii) a road, street, or highway dedication plat; [
471 (ix) a deed or easement for a road, street, or highway purpose[
472 (x) any other division of land authorized by law.
473 [
474
475
476
477 (66) "Subdivision amendment" means an amendment to a recorded subdivision in
478 accordance with Section 10-9a-608 that:
479 (a) vacates all or a portion of the subdivision;
480 (b) alters the outside boundary of the subdivision;
481 (c) changes the number of lots within the subdivision;
482 (d) alters a public right-of-way, a public easement, or public infrastructure within the
483 subdivision; or
484 (e) alters a common area or other common amenity within the subdivision.
485 (67) "Substantial evidence" means evidence that:
486 (a) is beyond a scintilla; and
487 (b) a reasonable mind would accept as adequate to support a conclusion.
488 [
489 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
490 3% swell potential;
491 (b) bedrock units with high shrink or swell susceptibility; or
492 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
493 commonly associated with dissolution and collapse features.
494 [
495 (a) for four or more individuals who are not related to:
496 (i) the owner of the facility; or
497 (ii) the primary service provider of the facility;
498 (b) that serves students who have a history of failing to function:
499 (i) at home;
500 (ii) in a public school; or
501 (iii) in a nonresidential private school; and
502 (c) that offers:
503 (i) room and board; and
504 (ii) an academic education integrated with:
505 (A) specialized structure and supervision; or
506 (B) services or treatment related to a disability, an emotional development, a
507 behavioral development, a familial development, or a social development.
508 [
509 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
510 land use rights from a designated sending zone to a designated receiving zone.
511 [
512 or town.
513 [
514 (a) each of the rights listed in Section 73-1-11; and
515 (b) an ownership interest in the right to the beneficial use of water represented by:
516 (i) a contract; or
517 (ii) a share in a water company, as defined in Section 73-3-3.5.
518 [
519 depicts land use zones, overlays, or districts.
520 Section 2. Section 10-9a-302 is amended to read:
521 10-9a-302. Planning commission powers and duties -- Training requirements.
522 (1) The planning commission shall review and make a recommendation to the
523 legislative body for:
524 (a) a general plan and amendments to the general plan;
525 (b) land use regulations, including:
526 (i) ordinances regarding the subdivision of land within the municipality; and
527 (ii) amendments to existing land use regulations;
528 (c) an appropriate delegation of power to at least one designated land use authority to
529 hear and act on a land use application;
530 (d) an appropriate delegation of power to at least one appeal authority to hear and act
531 on an appeal from a decision of the land use authority; and
532 (e) application processes that:
533 (i) may include a designation of routine land use matters that, upon application and
534 proper notice, will receive informal streamlined review and action if the application is
535 uncontested; and
536 (ii) shall protect the right of each:
537 (A) land use applicant and adversely affected party to require formal consideration of
538 any application by a land use authority;
539 (B) land use applicant or adversely affected party to appeal a land use authority's
540 decision to a separate appeal authority; and
541 (C) participant to be heard in each public hearing on a contested application.
542 (2) Before making a recommendation to a legislative body on an item described in
543 Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance
544 with Section 10-9a-404.
545 (3) A legislative body may adopt, modify, or reject a planning commission's
546 recommendation to the legislative body under this section.
547 (4) A legislative body may consider a planning commission's failure to make a timely
548 recommendation as a negative recommendation.
549 (5) Nothing in this section limits the right of a municipality to initiate or propose the
550 actions described in this section.
551 (6) (a) (i) This Subsection (6) applies to:
552 (A) a city of the first, second, third, or fourth class;
553 (B) a city of the fifth class with a population of 5,000 or more, if the city is located
554 within in a county of the first, second, or third class; and
555 (C) a metro township with a population of 5,000 or more.
556 (ii) The population figures described in Subsections (6)(a)(i) shall be derived from:
557 (A) the most recent official census or census estimate of the United States Census
558 Bureau; or
559 (B) if a population figure is not available under Subsection (6)(a)(ii)(A), an estimate of
560 the Utah Population Committee.
561 (b) A municipality described in Subsection (6)(a)(i) shall ensure that each member of
562 the municipality's planning commission completes four hours of annual land use training as
563 follows:
564 (i) one hour of annual training on general powers and duties under Title 10, Chapter 9a,
565 Municipal Land Use, Development, and Management Act; and
566 (ii) three hours of annual training on land use, which may include:
567 (A) appeals and variances;
568 (B) conditional use permits;
569 (C) exactions;
570 (D) impact fees;
571 (E) vested rights;
572 (F) subdivision regulations and improvement guarantees;
573 (G) land use referenda;
574 (H) property rights;
575 (I) real estate procedures and financing;
576 (J) zoning, including use-based and form-based; and
577 (K) drafting ordinances and code that complies with statute.
578 (c) A newly appointed planning commission member may not participate in a public
579 meeting as an appointed member until the member completes the training described in
580 Subsection (6)(b)(i).
581 (d) A planning commission member may qualify for one completed hour of training
582 required under Subsection (6)(b)(ii) if the member attends, as an appointed member, 12 public
583 meetings of the planning commission within a calendar year.
584 (e) A municipality shall provide the training described in Subsection (6)(b) through:
585 (i) municipal staff;
586 (ii) the Utah League of Cities and Towns; or
587 (iii) a list of training courses selected by:
588 (A) the Utah League of Cities and Towns; or
589 (B) the Division of Real Estate created in Section 61-2-201.
590 (f) A municipality shall, for each planning commission member:
591 (i) monitor compliance with the training requirements in Subsection (6)(b); and
592 (ii) maintain a record of training completion at the end of each calendar year.
593 Section 3. Section 10-9a-507 is amended to read:
594 10-9a-507. Conditional uses.
595 (1) (a) A municipality may adopt a land use ordinance that includes conditional uses
596 and provisions for conditional uses that require compliance with objective standards set forth in
597 an applicable ordinance.
598 (b) A municipality may not impose a requirement or standard on a conditional use that
599 conflicts with a provision of this chapter or other state or federal law.
600 (2) (a) (i) A land use authority shall approve a conditional use if reasonable conditions
601 are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of
602 the proposed use in accordance with applicable standards.
603 (ii) The requirement described in Subsection (2)(a)(i) to reasonably mitigate
604 anticipated detrimental effects of the proposed conditional use does not require elimination of
605 the detrimental effects.
606 (b) If a land use authority proposes reasonable conditions on a proposed conditional
607 use, the land use authority shall ensure that the conditions are stated on the record and
608 reasonably relate to mitigating the anticipated detrimental effects of the proposed use.
609 (c) If the reasonably anticipated detrimental effects of a proposed conditional use
610 cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to
611 achieve compliance with applicable standards, the land use authority may deny the conditional
612 use.
613 (3) A land use authority's decision to approve or deny conditional use is an
614 administrative land use decision.
615 (4) A legislative body shall classify any use that a land use regulation allows in a
616 zoning district as either a permitted or conditional use under this chapter.
617 Section 4. Section 10-9a-509 is amended to read:
618 10-9a-509. Applicant's entitlement to land use application approval --
619 Municipality's requirements and limitations -- Vesting upon submission of development
620 plan and schedule.
621 (1) (a) (i) An applicant who has submitted a complete land use application as described
622 in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
623 review of the application under the land use regulations:
624 (A) in effect on the date that the application is complete; and
625 (B) applicable to the application or to the information shown on the application.
626 (ii) An applicant is entitled to approval of a land use application if the application
627 conforms to the requirements of the applicable land use regulations, land use decisions, and
628 development standards in effect when the applicant submits a complete application and pays
629 application fees, unless:
630 (A) the land use authority, on the record, formally finds that a compelling,
631 countervailing public interest would be jeopardized by approving the application and specifies
632 the compelling, countervailing public interest in writing; or
633 (B) in the manner provided by local ordinance and before the applicant submits the
634 application, the municipality formally initiates proceedings to amend the municipality's land
635 use regulations in a manner that would prohibit approval of the application as submitted.
636 (b) The municipality shall process an application without regard to proceedings the
637 municipality initiated to amend the municipality's ordinances as described in Subsection
638 (1)(a)(ii)(B) if:
639 (i) 180 days have passed since the municipality initiated the proceedings; and
640 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
641 application as submitted.
642 (c) A land use application is considered submitted and complete when the applicant
643 provides the application in a form that complies with the requirements of applicable ordinances
644 and pays all applicable fees.
645 (d) A subsequent incorporation of a municipality or a petition that proposes the
646 incorporation of a municipality does not affect a land use application approved by a county in
647 accordance with Section 17-27a-508.
648 (e) The continuing validity of an approval of a land use application is conditioned upon
649 the applicant proceeding after approval to implement the approval with reasonable diligence.
650 (f) A municipality may not impose on an applicant who has submitted a complete
651 application a requirement that is not expressed in:
652 (i) this chapter;
653 (ii) a municipal ordinance; or
654 (iii) a municipal specification for public improvements applicable to a subdivision or
655 development that is in effect on the date that the applicant submits an application.
656 (g) A municipality may not impose on a holder of an issued land use permit or a final,
657 unexpired subdivision plat a requirement that is not expressed:
658 (i) in a land use permit;
659 (ii) on the subdivision plat;
660 (iii) in a document on which the land use permit or subdivision plat is based;
661 (iv) in the written record evidencing approval of the land use permit or subdivision
662 plat;
663 (v) in this chapter; or
664 (vi) in a municipal ordinance.
665 (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
666 of a certificate of occupancy or acceptance of subdivision improvements because of an
667 applicant's failure to comply with a requirement that is not expressed:
668 (i) in the building permit or subdivision plat, documents on which the building permit
669 or subdivision plat is based, or the written record evidencing approval of the land use permit or
670 subdivision plat; or
671 (ii) in this chapter or the municipality's ordinances.
672 (i) A municipality may not unreasonably withhold issuance of a certificate of
673 occupancy where an applicant has met all requirements essential for the public health, public
674 safety, and general welfare of the occupants, in accordance with this chapter, unless:
675 (i) the applicant and the municipality have agreed in a written document to the
676 withholding of a certificate of occupancy; or
677 (ii) the applicant has not provided a financial assurance for required and uncompleted
678 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
679 legislative body adopts under this chapter.
680 (2) A municipality is bound by the terms and standards of applicable land use
681 regulations and shall comply with mandatory provisions of those regulations.
682 (3) A municipality may not, as a condition of land use application approval, require a
683 person filing a land use application to obtain documentation regarding a school district's
684 willingness, capacity, or ability to serve the development proposed in the land use application.
685 (4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on
686 which a subdivision plat is recorded, a municipality may not impose on a building permit
687 applicant for a single-family dwelling located within the subdivision any land use regulation
688 that is enacted within 10 years after the day on which the subdivision plat is recorded.
689 (b) Subsection (4)(a) does not apply to any changes in the requirements of the
690 applicable building code, health code, or fire code, or other similar regulations.
691 [
692 schedule as required in Subsection 10-9a-305(8) that complies with the requirements of that
693 subsection, the specified public agency vests in the municipality's applicable land use maps,
694 zoning map, hookup fees, impact fees, other applicable development fees, and land use
695 regulations in effect on the date of submission.
696 [
697 Subsection 20A-7-601(5)(a), the project's affected owner may rescind the project's land use
698 approval by delivering a written notice:
699 (i) to the local clerk as defined in Section 20A-7-101; and
700 (ii) no later than seven days after the day on which a petition for a referendum is
701 determined sufficient under Section 20A-7-607(5).
702 (b) Upon delivery of a written notice described in Subsection [
703 are rescinded and are of no further force or effect:
704 (i) the relevant land use approval; and
705 (ii) any land use regulation enacted specifically in relation to the land use approval.
706 Section 5. Section 10-9a-523 is amended to read:
707 10-9a-523. Property boundary adjustment.
708 [
709 [
710
711 [
712
713 [
714 (1) To make a parcel boundary adjustment, a property owner shall:
715 (a) execute a boundary adjustment through:
716 (i) a quitclaim deed; or
717 (ii) a boundary line agreement under Section 10-9a-524; and
718 (b) record the quitclaim deed or boundary line agreement described in Subsection
719 (1)(a) in the office of the county recorder of the county in which each property is located.
720 (2) To make a lot line adjustment, a property owner shall:
721 (a) obtain approval of the boundary adjustment under Section 10-9a-608;
722 (b) execute a boundary adjustment through:
723 (i) a quitclaim deed; or
724 (ii) a boundary line agreement under Section 10-9a-524; and
725 (c) record the quitclaim deed or boundary line agreement described in Subsection
726 (2)(b) in the office of the county recorder of the county in which each property is located.
727 (3) A parcel boundary adjustment under Subsection (1) is not subject to review of a
728 land use authority unless:
729 (a) the parcel includes a dwelling; and
730 (b) the land use authority's approval is required under Subsection 10-9a-524(5).
731 (4) The recording of a boundary line agreement or other document used to adjust a
732 mutual boundary line that is not subject to review of a land use authority:
733 (a) does not constitute a land use approval; and
734 (b) does not affect the validity of the boundary line agreement or other document used
735 to adjust a mutual boundary line.
736 (5) A municipality may withhold approval of a land use application for property that is
737 subject to a recorded boundary line agreement or other document used to adjust a mutual
738 boundary line if the municipality determines that the lots or parcels, as adjusted by the
739 boundary line agreement or other document used to adjust the mutual boundary line, are not in
740 compliance with the municipality's land use regulations in effect on the day on which the
741 boundary line agreement or other document used to adjust the mutual boundary line is
742 recorded.
743 Section 6. Section 10-9a-524 is amended to read:
744 10-9a-524. Boundary line agreement.
745 [
746
747 [
748 [
749 [
750 [
751 (1) If properly executed and acknowledged as required by law, an agreement between
752 owners of adjoining property that designates the boundary line between the adjoining
753 properties acts, upon recording in the office of the recorder of the county in which each
754 property is located, as a quitclaim deed to convey all of each party's right, title, interest, and
755 estate in property outside the agreed boundary line that had been the subject of the boundary
756 line agreement or dispute that led to the boundary line agreement.
757 (2) Adjoining property owners executing a boundary line agreement described in
758 Subsection (1) shall:
759 (a) ensure that the agreement includes:
760 (i) a legal description of the agreed upon boundary line and of each parcel or lot after
761 the boundary line is changed;
762 (ii) the name and signature of each grantor that is party to the agreement;
763 (iii) a sufficient acknowledgment for each grantor's signature;
764 (iv) the address of each grantee for assessment purposes;
765 (v) a legal description of the parcel or lot each grantor owns before the boundary line is
766 changed; and
767 (vi) the date of the agreement if the date is not included in the acknowledgment in a
768 form substantially similar to a quitclaim deed as described in Section 57-1-13;
769 (b) if any of the property subject to the boundary line agreement is a lot, prepare an
770 amended plat in accordance with Section 10-9a-608 before executing the boundary line
771 agreement; and
772 (c) if none of the property subject to the boundary line agreement is a lot, ensure that
773 the boundary line agreement includes a statement citing the file number of a record of a survey
774 map in accordance with Section 17-23-17, unless the statement is exempted by the
775 municipality.
776 (3) A boundary line agreement described in Subsection (1) that complies with
777 Subsection (2) presumptively:
778 (a) has no detrimental effect on any easement on the property that is recorded before
779 the day on which the agreement is executed unless the owner of the property benefitting from
780 the easement specifically modifies the easement within the boundary line agreement or a
781 separate recorded easement modification or relinquishment document; and
782 (b) relocates the parties' common boundary line for an exchange of consideration.
783 (4) Notwithstanding Part 6, Subdivisions, or a municipality's ordinances or policies, a
784 boundary line agreement that only affects parcels is not subject to:
785 (a) any public notice, public hearing, or preliminary platting requirement;
786 (b) the review of a land use authority; or
787 (c) an engineering review or approval of the municipality, except as provided in
788 Subsection (5).
789 (5) (a) If a parcel that is the subject of a boundary line agreement contains a dwelling
790 unit, the municipality may require a review of the boundary line agreement if the municipality:
791 (i) adopts an ordinance that:
792 (A) requires review and approval for a boundary line agreement containing a dwelling
793 unit; and
794 (B) includes specific criteria for approval; and
795 (ii) completes the review within 14 days after the day on which the property owner
796 submits the boundary line agreement for review.
797 (b) (i) If a municipality, upon a review under Subsection (5)(a), determines that the
798 boundary line agreement is deficient or if the municipality requires additional information to
799 approve the boundary line agreement, the municipality shall send, within the time period
800 described in Subsection (5)(a)(ii), written notice to the property owner that:
801 (A) describes the specific deficiency or additional information that the municipality
802 requires to approve the boundary line agreement; and
803 (B) states that the municipality shall approve the boundary line agreement upon the
804 property owner's correction of the deficiency or submission of the additional information
805 described in Subsection (5)(b)(i)(A).
806 (ii) If a municipality, upon a review under Subsection (5)(a), approves the boundary
807 line agreement, the municipality shall send written notice of the boundary line agreement's
808 approval to the property owner within the time period described in Subsection (5)(a)(ii).
809 (c) If a municipality fails to send a written notice under Subsection (5)(b) within the
810 time period described in Subsection (5)(a)(ii), the property owner may record the boundary line
811 agreement as if no review under this Subsection (5) was required.
812 Section 7. Section 10-9a-529 is amended to read:
813 10-9a-529. Specified public utility located in a municipal utility easement.
814 A specified public utility may exercise each power of a public utility under Section
815 54-3-27 if the specified public utility uses an easement:
816 (1) with the consent of a municipality; and
817 (2) that is located within a municipal utility easement described in [
818 Subsections 10-9a-103[
819 Section 8. Section 10-9a-530 is enacted to read:
820 10-9a-530. Development agreements.
821 (1) Subject to Subsection (2), a municipality may enter into a development agreement
822 containing any term that the municipality considers necessary or appropriate to accomplish the
823 purposes of this chapter.
824 (2) (a) A development agreement may not:
825 (i) limit a municipality's authority in the future to:
826 (A) enact a land use regulation; or
827 (B) take any action allowed under Section 10-8-84;
828 (ii) require a municipality to change the zoning designation of an area of land within
829 the municipality in the future; or
830 (iii) contain a term that conflicts with, or is different from, a standard set forth in an
831 existing land use regulation that governs the area subject to the development agreement, unless
832 the legislative body approves the development agreement in accordance with the same
833 procedures for enacting a land use regulation under Section 10-9a-502, including a review and
834 recommendation from the planning commission and a public hearing.
835 (b) A development agreement that requires the implementation of an existing land use
836 regulation as an administrative act does not require a legislative body's approval under Section
837 10-9a-502.
838 (c) A municipality may not require a development agreement as the only option for
839 developing land within the municipality.
840 (d) To the extent that a development agreement does not specifically address a matter
841 or concern related to land use or development, the matter or concern is governed by:
842 (i) this chapter; and
843 (ii) any applicable land use regulations.
844 Section 9. Section 10-9a-531 is enacted to read:
845 10-9a-531. Infrastructure improvements involving roadways.
846 (1) As used in this section:
847 (a) "Low impact development" means the same as that term is defined in Section
848 19-5-108.5.
849 (b) (i) "Pavement" means the bituminous or concrete surface of a roadway.
850 (ii) "Pavement" does not include a curb or gutter.
851 (c) "Residential street" means a public or private roadway that:
852 (i) currently serves or is projected to serve an area designated primarily for
853 single-family residential use;
854 (ii) requires at least two off-site parking spaces for each single-family residential
855 property abutting the roadway; and
856 (iii) has or is projected to have, on average, traffic of no more than 1,000 trips per day,
857 based on findings contained in:
858 (A) a traffic impact study;
859 (B) the municipality's general plan under Section 10-9a-401;
860 (C) an adopted phasing plan; or
861 (D) a written plan or report on current or projected traffic usage.
862 (2) (a) Except as provided in Subsection (2)(b), a municipality may not, as part of an
863 infrastructure improvement, require the installation of pavement on a residential street at a
864 width in excess of 32 feet if the municipality requires low impact development for the area in
865 which the residential street is located.
866 (b) Subsection (2)(a) does not apply if a municipality requires the installation of
867 pavement:
868 (i) in a vehicle turnaround area; or
869 (ii) to address specific traffic flow constraints at an intersection or other area.
870 (3) (a) A municipality shall, by ordinance, establish any standards that the municipality
871 requires, as part of an infrastructure improvement, for fire department vehicle access and
872 turnaround on roadways.
873 (b) The municipality shall ensure that the standards established under Subsection (3)(a)
874 are consistent with the State Fire Code as defined in Section 15A-1-102.
875 Section 10. Section 10-9a-601 is amended to read:
876 10-9a-601. Enactment of subdivision ordinance.
877 (1) The legislative body of a municipality may enact ordinances requiring that a
878 subdivision plat comply with the provisions of the municipality's ordinances and this part
879 before:
880 (a) the subdivision plat may be filed and recorded in the county recorder's office; and
881 (b) lots may be sold.
882 (2) If the legislative body fails to enact a subdivision ordinance, the municipality may
883 regulate subdivisions only to the extent provided in this part.
884 (3) The joining of a lot or lots to a parcel does not constitute a subdivision as to the
885 parcel or subject the parcel to the municipality's subdivision ordinance.
886 Section 11. Section 10-9a-608 is amended to read:
887 10-9a-608. Subdivision amendments.
888 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
889 subdivision that has been laid out and platted as provided in this part may file a written petition
890 with the land use authority to request a subdivision amendment.
891 (b) Upon filing a written petition to request a subdivision amendment under Subsection
892 (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
893 accordance with Section 10-9a-603 that:
894 (i) depicts only the portion of the subdivision that is proposed to be amended;
895 (ii) includes a plat name distinguishing the amended plat from the original plat;
896 (iii) describes the differences between the amended plat and the original plat; and
897 (iv) includes references to the original plat.
898 (c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
899 notice of the petition by mail, email, or other effective means to each affected entity that
900 provides a service to an owner of record of the portion of the plat that is being vacated or
901 amended at least 10 calendar days before the land use authority may approve the petition for a
902 subdivision amendment.
903 (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
904 public hearing within 45 days after the day on which the petition is filed if:
905 (i) any owner within the plat notifies the municipality of the owner's objection in
906 writing within 10 days of mailed notification; or
907 (ii) a public hearing is required because all of the owners in the subdivision have not
908 signed the revised plat.
909 (e) A land use authority may not approve a petition for a subdivision amendment under
910 this section unless the amendment identifies and preserves any easements owned by a culinary
911 water authority and sanitary sewer authority for existing facilities located within the
912 subdivision.
913 (2) [
914 of Subsection (1)(d) does not apply and a land use authority may consider at a public meeting
915 an owner's petition for a subdivision amendment if:
916 (a) the petition seeks to:
917 (i) join two or more of the petitioner fee owner's contiguous lots;
918 (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
919 result in a violation of a land use ordinance or a development condition;
920 (iii) adjust the lot lines of adjoining lots or [
921 parcel if the fee owners of each of the adjoining [
922 regardless of whether the [
923 (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
924 imposed by the local political subdivision; or
925 (v) alter the plat in a manner that does not change existing boundaries or other
926 attributes of lots within the subdivision that are not:
927 (A) owned by the petitioner; or
928 (B) designated as a common area; and
929 (b) notice has been given to [
930 any applicable local ordinance.
931 (3) A petition under Subsection (1)(a) that contains a request to amend a public street or
932 municipal utility easement is also subject to Section 10-9a-609.5.
933 (4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
934 a portion of a plat shall include:
935 (a) the name and address of each owner of record of the land contained in the entire
936 plat or on that portion of the plat described in the petition; and
937 (b) the signature of each owner described in Subsection (4)(a) who consents to the
938 petition.
939 (5) (a) The owners of record of [
940
941 properties is a lot may exchange title to portions of those parcels if the exchange of title is
942 approved by the land use authority in accordance with Subsection (5)(b).
943 (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
944 the exchange of title will not result in a violation of any land use ordinance.
945 (c) If an exchange of title is approved under Subsection (5)(b):
946 (i) a notice of approval shall be recorded in the office of the county recorder which:
947 (A) is executed by each owner included in the exchange and by the land use authority;
948 (B) contains an acknowledgment for each party executing the notice in accordance with
949 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
950 (C) recites the legal descriptions of both the original [
951 [
952 (ii) a document of conveyance shall be recorded in the office of the county recorder
953 with an amended plat.
954 (d) A notice of approval recorded under this Subsection (5) does not act as a
955 conveyance of title to real property and is not required in order to record a document conveying
956 title to real property.
957 (6) (a) The name of a recorded subdivision may be changed by recording an amended
958 plat making that change, as provided in this section and subject to Subsection (6)(c).
959 (b) The surveyor preparing the amended plat shall certify that the surveyor:
960 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
961 Professional Land Surveyors Licensing Act;
962 (ii) has completed a survey of the property described on the plat in accordance with
963 Section 17-23-17 and has verified all measurements; and
964 (iii) has placed monuments as represented on the plat.
965 (c) An owner of land may not submit for recording an amended plat that gives the
966 subdivision described in the amended plat the same name as a subdivision in a plat already
967 recorded in the county recorder's office.
968 (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
969 document that purports to change the name of a recorded plat is void.
970 Section 12. Section 10-9a-609.5 is amended to read:
971 10-9a-609.5. Petition to vacate a public street.
972 (1) In lieu of vacating some or all of a public street through a plat or amended plat in
973 accordance with Sections 10-9a-603 through 10-9a-609, a legislative body may approve a
974 petition to vacate a public street in accordance with this section.
975 (2) A petition to vacate some or all of a public street or municipal utility easement shall
976 include:
977 (a) the name and address of each owner of record of land that is:
978 (i) adjacent to the public street or municipal utility easement between the two nearest
979 public street intersections; or
980 (ii) accessed exclusively by or within 300 feet of the public street or municipal utility
981 easement;
982 (b) proof of written notice to operators of utilities and culinary water or sanitary sewer
983 facilities located within the bounds of the public street or municipal utility easement sought to
984 be vacated; and
985 (c) the signature of each owner under Subsection (2)(a) who consents to the vacation.
986 (3) If a petition is submitted containing a request to vacate some or all of a public street
987 or municipal utility easement, the legislative body shall hold a public hearing in accordance
988 with Section 10-9a-208 and determine whether:
989 (a) good cause exists for the vacation; and
990 (b) the public interest or any person will be materially injured by the proposed
991 vacation.
992 (4) The legislative body may adopt an ordinance granting a petition to vacate some or
993 all of a public street or municipal utility easement if the legislative body finds that:
994 (a) good cause exists for the vacation; and
995 (b) neither the public interest nor any person will be materially injured by the vacation.
996 (5) If the legislative body adopts an ordinance vacating some or all of a public street or
997 municipal utility easement, the legislative body shall ensure that one or both of the following is
998 recorded in the office of the recorder of the county in which the land is located:
999 (a) a plat reflecting the vacation; or
1000 (b) (i) an ordinance described in Subsection (4); and
1001 (ii) a legal description of the public street to be vacated.
1002 (6) The action of the legislative body vacating some or all of a public street or
1003 municipal utility easement that has been dedicated to public use:
1004 (a) operates to the extent to which it is vacated, upon the effective date of the recorded
1005 plat or ordinance, as a revocation of the acceptance of and the relinquishment of the
1006 municipality's fee in the vacated public street or municipal utility easement; and
1007 (b) may not be construed to impair:
1008 (i) any right-of-way or easement of any parcel or lot owner; [
1009 (ii) the rights of any public utility[
1010 (iii) the rights of a culinary water authority or sanitary sewer authority.
1011 (7) (a) A municipality may submit a petition, in accordance with Subsection (2), and
1012 initiate and complete a process to vacate some or all of a public street.
1013 (b) If a municipality submits a petition and initiates a process under Subsection (7)(a):
1014 (i) the legislative body shall hold a public hearing;
1015 (ii) the petition and process may not apply to or affect a public utility easement, except
1016 to the extent:
1017 (A) the easement is not a protected utility easement as defined in Section 54-3-27;
1018 (B) the easement is included within the public street; and
1019 (C) the notice to vacate the public street also contains a notice to vacate the easement;
1020 and
1021 (iii) a recorded ordinance to vacate a public street has the same legal effect as vacating
1022 a public street through a recorded plat or amended plat.
1023 (8) A legislative body may not approve a petition to vacate a public street under this
1024 section unless the vacation identifies and preserves any easements owned by a culinary water
1025 authority and sanitary sewer authority for existing facilities located within the public street.
1026 Section 13. Section 10-9a-701 is amended to read:
1027 10-9a-701. Appeal authority required -- Condition precedent to judicial review --
1028 Appeal authority duties.
1029 (1) (a) Each municipality adopting a land use ordinance shall, by ordinance, establish
1030 one or more appeal authorities [
1031 (b) An appeal authority described in Subsection (1)(a) shall hear and decide:
1032 [
1033 [
1034 [
1035 (c) An appeal authority described in Subsection (1)(a) may not hear an appeal from the
1036 enactment of a land use regulation.
1037 (2) As a condition precedent to judicial review, each adversely affected party shall
1038 timely and specifically challenge a land use authority's land use decision, in accordance with
1039 local ordinance.
1040 (3) An appeal authority described in Subsection (1)(a):
1041 (a) shall:
1042 (i) act in a quasi-judicial manner; and
1043 (ii) serve as the final arbiter of issues involving the interpretation or application of land
1044 use ordinances; and
1045 (b) may not entertain an appeal of a matter in which the appeal authority, or any
1046 participating member, had first acted as the land use authority.
1047 (4) By ordinance, a municipality may:
1048 (a) designate a separate appeal authority to hear requests for variances than the appeal
1049 authority [
1050 (b) designate one or more separate appeal authorities to hear distinct types of appeals
1051 of land use authority decisions;
1052 (c) require an adversely affected party to present to an appeal authority every theory of
1053 relief that [
1054 (d) not require a land use applicant or adversely affected party to pursue duplicate or
1055 successive appeals before the same or separate appeal authorities as a condition of an appealing
1056 party's duty to exhaust administrative remedies; and
1057 (e) provide that specified types of land use decisions may be appealed directly to the
1058 district court.
1059 (5) If the municipality establishes or, prior to the effective date of this chapter, has
1060 established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
1061 board, body, or panel shall:
1062 (a) notify each of [
1063 hearing of the board, body, or panel;
1064 (b) provide each of [
1065 information and access to municipal resources as any other member;
1066 (c) convene only if a quorum of [
1067 present; and
1068 (d) act only upon the vote of a majority of [
1069 body, or panel.
1070 Section 14. Section 10-9a-801 is amended to read:
1071 10-9a-801. No district court review until administrative remedies exhausted --
1072 Time for filing -- Tolling of time -- Standards governing court review -- Record on review
1073 -- Staying of decision.
1074 (1) No person may challenge in district court a land use decision until that person has
1075 exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
1076 Variances, if applicable.
1077 (2) (a) [
1078 may file a petition for review of [
1079 after the decision is final.
1080 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
1081 property owner files a request for arbitration of a constitutional taking issue with the property
1082 rights ombudsman under Section 13-43-204 until 30 days after:
1083 (A) the arbitrator issues a final award; or
1084 (B) the property rights ombudsman issues a written statement under Subsection
1085 13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
1086 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
1087 taking issue that is the subject of the request for arbitration filed with the property rights
1088 ombudsman by a property owner.
1089 (iii) A request for arbitration filed with the property rights ombudsman after the time
1090 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
1091 (3) (a) A court shall:
1092 (i) presume that a land use regulation properly enacted under the authority of this
1093 chapter is valid; and
1094 (ii) determine only whether:
1095 (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
1096 or federal law; and
1097 (B) it is reasonably debatable that the land use regulation is consistent with this
1098 chapter.
1099 (b) A court shall:
1100 (i) presume that a final land use decision of a land use authority or an appeal authority
1101 is valid; and
1102 (ii) uphold the land use decision unless the land use decision is:
1103 (A) arbitrary and capricious; or
1104 (B) illegal.
1105 (c) (i) A land use decision is arbitrary and capricious if the land use decision is not
1106 supported by substantial evidence in the record.
1107 (ii) A land use decision is illegal if the land use decision is:
1108 (A) based on an incorrect interpretation of a land use regulation; or
1109 (B) contrary to law.
1110 (d) (i) A court may affirm or reverse [
1111 decision.
1112 (ii) If the court reverses a land use [
1113 matter to the land use authority with instructions to issue a land use decision consistent with
1114 the court's ruling.
1115 (4) The provisions of Subsection (2)(a) apply from the date on which the municipality
1116 takes final action on a land use application, if the municipality conformed with the notice
1117 provisions of Part 2, Notice, or for any person who had actual notice of the pending land use
1118 decision.
1119 (5) If the municipality has complied with Section 10-9a-205, a challenge to the
1120 enactment of a land use regulation or general plan may not be filed with the district court more
1121 than 30 days after the enactment.
1122 (6) A challenge to a land use decision is barred unless the challenge is filed within 30
1123 days after the land use decision is final.
1124 (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
1125 the reviewing court the record of [
1126 authority, including [
1127 transcript of [
1128 (b) If the proceeding was recorded, a transcript of that recording is a true and correct
1129 transcript for purposes of this Subsection (7).
1130 (8) (a) (i) If there is a record, the district court's review is limited to the record provided
1131 by the land use authority or appeal authority, as the case may be.
1132 (ii) The court may not accept or consider any evidence outside the record of the land
1133 use authority or appeal authority, as the case may be, unless that evidence was offered to the
1134 land use authority or appeal authority, respectively, and the court determines that [
1135 evidence was improperly excluded.
1136 (b) If there is no record, the court may call witnesses and take evidence.
1137 (9) (a) The filing of a petition does not stay the land use decision of the land use
1138 authority or appeal authority, as the case may be.
1139 (b) (i) Before filing a petition under this section or a request for mediation or
1140 arbitration of a constitutional taking issue under Section 13-43-204, a land use applicant may
1141 petition the appeal authority to stay [
1142 (ii) Upon receipt of a petition to stay, the appeal authority may order [
1143 authority's land use decision stayed pending district court review if the appeal authority finds
1144 [
1145 (iii) After a petition is filed under this section or a request for mediation or arbitration
1146 of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
1147 injunction staying the appeal authority's land use decision.
1148 (10) If the court determines that a party initiated or pursued a challenge to [
1149 use decision on a land use application in bad faith, the court may award attorney fees.
1150 Section 15. Section 17-27a-103 is amended to read:
1151 17-27a-103. Definitions.
1152 As used in this chapter:
1153 (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
1154 detached from a primary single-family dwelling and contained on one lot.
1155 (2) "Adversely affected party" means a person other than a land use applicant who:
1156 (a) owns real property adjoining the property that is the subject of a land use
1157 application or land use decision; or
1158 (b) will suffer a damage different in kind than, or an injury distinct from, that of the
1159 general community as a result of the land use decision.
1160 (3) "Affected entity" means a county, municipality, local district, special service
1161 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
1162 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
1163 property owner, property owners association, public utility, or the Utah Department of
1164 Transportation, if:
1165 (a) the entity's services or facilities are likely to require expansion or significant
1166 modification because of an intended use of land;
1167 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
1168 or
1169 (c) the entity has filed with the county a request for notice during the same calendar
1170 year and before the county provides notice to an affected entity in compliance with a
1171 requirement imposed under this chapter.
1172 (4) "Affected owner" means the owner of real property that is:
1173 (a) a single project;
1174 (b) the subject of a land use approval that sponsors of a referendum timely challenged
1175 in accordance with Subsection 20A-7-601(5)(a); and
1176 (c) determined to be legally referable under Section 20A-7-602.8.
1177 (5) "Appeal authority" means the person, board, commission, agency, or other body
1178 designated by ordinance to decide an appeal of a decision of a land use application or a
1179 variance.
1180 (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
1181 residential property if the sign is designed or intended to direct attention to a business, product,
1182 or service that is not sold, offered, or existing on the property where the sign is located.
1183 (7) (a) "Charter school" means:
1184 (i) an operating charter school;
1185 (ii) a charter school applicant that [
1186 authorizer approves in accordance with Title 53G, Chapter 5, Part 3, Charter School
1187 Authorization; or
1188 (iii) an entity that is working on behalf of a charter school or approved charter
1189 applicant to develop or construct a charter school building.
1190 (b) "Charter school" does not include a therapeutic school.
1191 (8) "Chief executive officer" means the person or body that exercises the executive
1192 powers of the county.
1193 (9) "Conditional use" means a land use that, because of [
1194 or potential impact of the land use on the county, surrounding neighbors, or adjacent land uses,
1195 may not be compatible in some areas or may be compatible only if certain conditions are
1196 required that mitigate or eliminate the detrimental impacts.
1197 (10) "Constitutional taking" means a governmental action that results in a taking of
1198 private property so that compensation to the owner of the property is required by the:
1199 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1200 (b) Utah Constitution, Article I, Section 22.
1201 (11) "County utility easement" means an easement that:
1202 (a) a plat recorded in a county recorder's office described as a county utility easement
1203 or otherwise as a utility easement;
1204 (b) is not a protected utility easement or a public utility easement as defined in Section
1205 54-3-27;
1206 (c) the county or the county's affiliated governmental entity owns or creates; and
1207 (d) (i) either:
1208 (A) no person uses or occupies; or
1209 (B) the county or the county's affiliated governmental entity uses and occupies to
1210 provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
1211 communications or data lines; or
1212 (ii) a person uses or occupies with or without an authorized franchise or other
1213 agreement with the county.
1214 (12) "Culinary water authority" means the department, agency, or public entity with
1215 responsibility to review and approve the feasibility of the culinary water system and sources for
1216 the subject property.
1217 (13) "Development activity" means:
1218 (a) any construction or expansion of a building, structure, or use that creates additional
1219 demand and need for public facilities;
1220 (b) any change in use of a building or structure that creates additional demand and need
1221 for public facilities; or
1222 (c) any change in the use of land that creates additional demand and need for public
1223 facilities.
1224 (14) (a) "Development agreement" means a written agreement or amendment to a
1225 written agreement between a county and one or more parties that regulates or controls the use
1226 or development of a specific area of land.
1227 (b) "Development agreement" does not include an improvement completion assurance.
1228 [
1229 limits one or more of a person's major life activities, including a person having a record of such
1230 an impairment or being regarded as having such an impairment.
1231 (b) "Disability" does not include current illegal use of, or addiction to, any federally
1232 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1233 Sec. 802.
1234 [
1235 (a) means:
1236 (i) a school district's building at which pupils assemble to receive instruction in a
1237 program for any combination of grades from preschool through grade 12, including
1238 kindergarten and a program for children with disabilities;
1239 (ii) a structure or facility:
1240 (A) located on the same property as a building described in Subsection [
1241 (16)(a)(i); and
1242 (B) used in support of the use of that building; and
1243 (iii) a building to provide office and related space to a school district's administrative
1244 personnel; and
1245 (b) does not include:
1246 (i) land or a structure, including land or a structure for inventory storage, equipment
1247 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
1248 (A) not located on the same property as a building described in Subsection [
1249 (16)(a)(i); and
1250 (B) used in support of the purposes of a building described in Subsection [
1251 (16)(a)(i); or
1252 (ii) a therapeutic school.
1253 [
1254 responsibility to review and approve the feasibility of fire protection and suppression services
1255 for the subject property.
1256 [
1257 (a) is within the 100-year flood plain designated by the Federal Emergency
1258 Management Agency; or
1259 (b) has not been studied or designated by the Federal Emergency Management Agency
1260 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
1261 the land has characteristics that are similar to those of a 100-year flood plain designated by the
1262 Federal Emergency Management Agency.
1263 [
1264 [
1265 general guidelines for proposed future development of:
1266 (a) the unincorporated land within the county; or
1267 (b) for a mountainous planning district, the land within the mountainous planning
1268 district.
1269 [
1270 (a) a surface fault rupture;
1271 (b) shallow groundwater;
1272 (c) liquefaction;
1273 (d) a landslide;
1274 (e) a debris flow;
1275 (f) unstable soil;
1276 (g) a rock fall; or
1277 (h) any other geologic condition that presents a risk:
1278 (i) to life;
1279 (ii) of substantial loss of real property; or
1280 (iii) of substantial damage to real property.
1281 [
1282 line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other
1283 utility system.
1284 [
1285 (a) are clearly marked as "identical plans";
1286 (b) are substantially identical building plans that were previously submitted to and
1287 reviewed and approved by the county; and
1288 (c) describe a building that:
1289 (i) is located on land zoned the same as the land on which the building described in the
1290 previously approved plans is located;
1291 (ii) is subject to the same geological and meteorological conditions and the same law
1292 as the building described in the previously approved plans;
1293 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
1294 and approved by the county; and
1295 (iv) does not require any additional engineering or analysis.
1296 [
1297 36a, Impact Fees Act.
1298 [
1299 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
1300 by a county to guaranty the proper completion of landscaping or an infrastructure improvement
1301 required as a condition precedent to:
1302 (a) recording a subdivision plat; or
1303 (b) development of a commercial, industrial, mixed use, or multifamily project.
1304 [
1305 the applicant's installed and accepted landscaping or infrastructure improvement:
1306 (a) complies with the county's written standards for design, materials, and
1307 workmanship; and
1308 (b) will not fail in any material respect, as a result of poor workmanship or materials,
1309 within the improvement warranty period.
1310 [
1311 (a) no later than one year after a county's acceptance of required landscaping; or
1312 (b) no later than one year after a county's acceptance of required infrastructure, unless
1313 the county:
1314 (i) determines for good cause that a one-year period would be inadequate to protect the
1315 public health, safety, and welfare; and
1316 (ii) has substantial evidence, on record:
1317 (A) of prior poor performance by the applicant; or
1318 (B) that the area upon which the infrastructure will be constructed contains suspect soil
1319 and the county has not otherwise required the applicant to mitigate the suspect soil.
1320 [
1321 essential for the public health and safety or that:
1322 (a) is required for human consumption; and
1323 (b) an applicant must install:
1324 (i) in accordance with published installation and inspection specifications for public
1325 improvements; and
1326 (ii) as a condition of:
1327 (A) recording a subdivision plat;
1328 (B) obtaining a building permit; or
1329 (C) developing a commercial, industrial, mixed use, condominium, or multifamily
1330 project.
1331 [
1332 platted designation that:
1333 (a) runs with the land; and
1334 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
1335 the plat; or
1336 (ii) designates a development condition that is enclosed within the perimeter of a lot
1337 described on the plat.
1338 [
1339 gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission
1340 under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1341 [
1342 gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1343 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1344 [
1345 designee, who submits a land use application regarding the property owner's land.
1346 [
1347 (a) means an application that is:
1348 (i) required by a county; and
1349 (ii) submitted by a land use applicant to obtain a land use decision; and
1350 (b) does not mean an application to enact, amend, or repeal a land use regulation.
1351 [
1352 (a) a person, board, commission, agency, or body, including the local legislative body,
1353 designated by the local legislative body to act upon a land use application; or
1354 (b) if the local legislative body has not designated a person, board, commission,
1355 agency, or body, the local legislative body.
1356 [
1357 authority or appeal authority regarding:
1358 (a) a land use permit;
1359 (b) a land use application; or
1360 (c) the enforcement of a land use regulation, land use permit, or development
1361 agreement.
1362 [
1363 [
1364 (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
1365 specification, fee, or rule that governs the use or development of land;
1366 (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
1367 and
1368 (c) does not include:
1369 (i) a land use decision of the legislative body acting as the land use authority, even if
1370 the decision is expressed in a resolution or ordinance; or
1371 (ii) a temporary revision to an engineering specification that does not materially:
1372 (A) increase a land use applicant's cost of development compared to the existing
1373 specification; or
1374 (B) impact a land use applicant's use of land.
1375 [
1376 has adopted an alternative form of government, the body exercising legislative powers.
1377 [
1378 Government Entities - Local Districts, and any other governmental or quasi-governmental
1379 entity that is not a county, municipality, school district, or the state.
1380 [
1381 shown on a subdivision plat that has been recorded in the office of the county recorder.
1382 [
1383 adjoining lots or between a lot and adjoining parcels[
1384 (i) whether or not the lots are located in the same subdivision[
1385
1386 (ii) with the consent of the owners of record.
1387 (b) "Lot line adjustment" does not mean a new boundary line that:
1388 (i) creates an additional lot; or
1389 (ii) constitutes a subdivision.
1389a Ŝ→ (c) "Lot line adjustment" does not include a boundary line adjustment made by the
1389b Department of Transportation. ←Ŝ
1390 [
1391 occupies:
1392 (a) public transit rail right-of-way;
1393 (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
1394 or
1395 (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
1396 municipality or county and:
1397 (i) a public transit district as defined in Section 17B-2a-802; or
1398 (ii) an eligible political subdivision as defined in Section 59-12-2219.
1399 [
1400 occupancy by households with a gross household income equal to or less than 80% of the
1401 median gross income for households of the same size in the county in which the housing is
1402 located.
1403 [
1404 (a) designated by a county legislative body in accordance with Section 17-27a-901; and
1405 (b) that is not otherwise exempt under Section 10-9a-304.
1406 [
1407 time spent and expenses incurred in:
1408 (a) verifying that building plans are identical plans; and
1409 (b) reviewing and approving those minor aspects of identical plans that differ from the
1410 previously reviewed and approved building plans.
1411 [
1412 (a) legally existed before [
1413 (b) because of one or more subsequent land use ordinance changes, does not conform
1414 to the setback, height restrictions, or other regulations, excluding those regulations that govern
1415 the use of land.
1416 [
1417 (a) legally existed before its current land use designation;
1418 (b) has been maintained continuously since the time the land use ordinance regulation
1419 governing the land changed; and
1420 (c) because of one or more subsequent land use ordinance changes, does not conform
1421 to the regulations that now govern the use of the land.
1422 [
1423 the county recorder's office that:
1424 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1425 highways and other transportation facilities;
1426 (b) provides a basis for restricting development in designated rights-of-way or between
1427 designated setbacks to allow the government authorities time to purchase or otherwise reserve
1428 the land; and
1429 (c) has been adopted as an element of the county's general plan.
1430 [
1431
1432 [
1433 owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary
1434 line agreement in accordance with Section [
1435 created and:
1436 (i) none of the property identified in the agreement is [
1437 (ii) the adjustment is to the boundaries of a single person's parcels.
1438 (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
1439 line that:
1440 (i) creates an additional parcel; or
1441 (ii) constitutes a subdivision.
1441a Ŝ→ (c) "Parcel boundary adjustment" does not include a boundary line adjustment made
1441b by the Department of Transportation. ←Ŝ
1442 [
1443 association, trust, governmental agency, or any other legal entity.
1444 [
1445 a county legislative body that includes:
1446 (a) an estimate of the existing supply of moderate income housing located within the
1447 county;
1448 (b) an estimate of the need for moderate income housing in the county for the next five
1449 years;
1450 (c) a survey of total residential land use;
1451 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1452 income housing; and
1453 (e) a description of the county's program to encourage an adequate supply of moderate
1454 income housing.
1455 [
1456 portion of the unincorporated area of a county established under this part with planning and
1457 zoning functions as exercised through the planning advisory area planning commission, as
1458 provided in this chapter, but with no legal or political identity separate from the county and no
1459 taxing authority.
1460 [
1461 map or other graphical representation of lands that a licensed professional land surveyor makes
1462 and prepares in accordance with Section 17-27a-603 or 57-8-13.
1463 [
1464 (a) is designated by a Utah Geological Survey map, county geologist map, or other
1465 relevant map or report as needing further study to determine the area's potential for geologic
1466 hazard; or
1467 (b) has not been studied by the Utah Geological Survey or a county geologist but
1468 presents the potential of geologic hazard because the area has characteristics similar to those of
1469 a designated geologic hazard area.
1470 [
1471 (a) the federal government;
1472 (b) the state;
1473 (c) a county, municipality, school district, local district, special service district, or other
1474 political subdivision of the state; or
1475 (d) a charter school.
1476 [
1477 provided a reasonable opportunity to comment on the subject of the hearing.
1478 [
1479 under Title 52, Chapter 4, Open and Public Meetings Act.
1480 [
1481 public avenue, public boulevard, public parkway, public road, public lane, public alley, public
1482 viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
1483 easement, or other public way.
1484 [
1485 designates, by ordinance, as an area in which an owner of land may receive a transferable
1486 development right.
1487 [
1488 accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1489 [
1490 (a) in which more than one person with a disability resides; and
1491 (b) (i) which is licensed or certified by the Department of Human Services under Title
1492 62A, Chapter 2, Licensure of Programs and Facilities; or
1493 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
1494 21, Health Care Facility Licensing and Inspection Act.
1495 [
1496 prescribe in a public meeting:
1497 (a) parliamentary order and procedure;
1498 (b) ethical behavior; and
1499 (c) civil discourse.
1500 [
1501 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1502 wastewater systems.
1503 [
1504 designates, by ordinance, as an area from which an owner of land may transfer a transferable
1505 development right.
1506 [
1507 during a preliminary review preceding the issuance of a building permit to demonstrate that an
1508 owner's or developer's proposed development activity meets a land use requirement.
1509 [
1510 (a) the state;
1511 (b) a school district; or
1512 (c) a charter school.
1513 [
1514 or telephone corporation, as those terms are defined in Section 54-2-1.
1515 [
1516 [
1517
1518 (70) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be
1519 divided into two or more lots or other division of land for the purpose, whether immediate or
1520 future, for offer, sale, lease, or development either on the installment plan or upon any and all
1521 other plans, terms, and conditions.
1522 (b) "Subdivision" includes:
1523 (i) the division or development of land, whether by deed, metes and bounds
1524 description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
1525 the division includes all or a portion of a parcel or lot; and
1526 (ii) except as provided in Subsection (70)(c), divisions of land for residential and
1527 nonresidential uses, including land used or to be used for commercial, agricultural, and
1528 industrial purposes.
1529 (c) "Subdivision" does not include:
1530 (i) a bona fide division or partition of agricultural land for agricultural purposes;
1531 (ii) [
1532 owners of adjoining [
1533
1534 [
1535 [
1536 (iii) a recorded document, executed by the owner of record:
1537 (A) revising the legal [
1538
1539 encompassing all such parcels [
1540 (B) joining a [
1541
1542 (iv) a bona fide division or partition of land in a county other than a first class county
1543 for the purpose of siting, on one or more of the resulting separate parcels:
1544 (A) an electrical transmission line or a substation;
1545 (B) a natural gas pipeline or a regulation station; or
1546 (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1547 utility service regeneration, transformation, retransmission, or amplification facility;
1548 (v) [
1549 adjusting the mutual lot line boundary in accordance with [
1550 17-27a-523 and 17-27a-608 if:
1551 (A) no new dwelling lot or housing unit will result from the adjustment; and
1552 (B) the adjustment will not violate any applicable land use ordinance;
1553 (vi) a bona fide division [
1554
1555 division:
1556 (A) [
1557 the parcel or parcels;
1558 (B) does not confer any land use approvals; and
1559 (C) has not been approved by the land use authority;
1560 (vii) a parcel boundary adjustment;
1561 (viii) a lot line adjustment;
1562 (ix) a road, street, or highway dedication plat; [
1563 (x) a deed or easement for a road, street, or highway purpose[
1564 (xi) any other division of land authorized by law.
1565 [
1566
1567
1568
1569 (71) "Subdivision amendment" means an amendment to a recorded subdivision in
1570 accordance with Section 17-27a-608 that:
1571 (a) vacates all or a portion of the subdivision;
1572 (b) alters the outside boundary of the subdivision;
1573 (c) changes the number of lots within the subdivision;
1574 (d) alters a public right-of-way, a public easement, or public infrastructure within the
1575 subdivision; or
1576 (e) alters a common area or other common amenity within the subdivision.
1577 (72) "Substantial evidence" means evidence that:
1578 (a) is beyond a scintilla; and
1579 (b) a reasonable mind would accept as adequate to support a conclusion.
1580 [
1581 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1582 3% swell potential;
1583 (b) bedrock units with high shrink or swell susceptibility; or
1584 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1585 commonly associated with dissolution and collapse features.
1586 [
1587 (a) for four or more individuals who are not related to:
1588 (i) the owner of the facility; or
1589 (ii) the primary service provider of the facility;
1590 (b) that serves students who have a history of failing to function:
1591 (i) at home;
1592 (ii) in a public school; or
1593 (iii) in a nonresidential private school; and
1594 (c) that offers:
1595 (i) room and board; and
1596 (ii) an academic education integrated with:
1597 (A) specialized structure and supervision; or
1598 (B) services or treatment related to a disability, an emotional development, a
1599 behavioral development, a familial development, or a social development.
1600 [
1601 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1602 land use rights from a designated sending zone to a designated receiving zone.
1603 [
1604 municipality.
1605 [
1606 (a) each of the rights listed in Section 73-1-11; and
1607 (b) an ownership interest in the right to the beneficial use of water represented by:
1608 (i) a contract; or
1609 (ii) a share in a water company, as defined in Section 73-3-3.5.
1610 [
1611 depicts land use zones, overlays, or districts.
1612 Section 16. Section 17-27a-302 is amended to read:
1613 17-27a-302. Planning commission powers and duties -- Training requirements.
1614 (1) Each countywide, planning advisory area, or mountainous planning district
1615 planning commission shall, with respect to the unincorporated area of the county, the planning
1616 advisory area, or the mountainous planning district, review and make a recommendation to the
1617 county legislative body for:
1618 (a) a general plan and amendments to the general plan;
1619 (b) land use regulations, including:
1620 (i) ordinances regarding the subdivision of land within the county; and
1621 (ii) amendments to existing land use regulations;
1622 (c) an appropriate delegation of power to at least one designated land use authority to
1623 hear and act on a land use application;
1624 (d) an appropriate delegation of power to at least one appeal authority to hear and act
1625 on an appeal from a decision of the land use authority; and
1626 (e) application processes that:
1627 (i) may include a designation of routine land use matters that, upon application and
1628 proper notice, will receive informal streamlined review and action if the application is
1629 uncontested; and
1630 (ii) shall protect the right of each:
1631 (A) land use applicant and adversely affected party to require formal consideration of
1632 any application by a land use authority;
1633 (B) land use applicant or adversely affected party to appeal a land use authority's
1634 decision to a separate appeal authority; and
1635 (C) participant to be heard in each public hearing on a contested application.
1636 (2) Before making a recommendation to a legislative body on an item described in
1637 Subsection (1)(a) or (b), the planning commission shall hold a public hearing in accordance
1638 with Section 17-27a-404.
1639 (3) A legislative body may adopt, modify, or reject a planning commission's
1640 recommendation to the legislative body under this section.
1641 (4) A legislative body may consider a planning commission's failure to make a timely
1642 recommendation as a negative recommendation.
1643 (5) Nothing in this section limits the right of a county to initiate or propose the actions
1644 described in this section.
1645 (6) (a) (i) This Subsection (6) applies to a county that:
1646 (A) is a county of the first, second, or third class; and
1647 (B) has a population in the county's unincorporated areas of 5,000 or more.
1648 (ii) The population figure described in Subsection (6)(a)(i) shall be derived from:
1649 (A) the most recent official census or census estimate of the United States Census
1650 Bureau; or
1651 (B) if a population figure is not available under Subsection (6)(a)(ii)(A), an estimate of
1652 the Utah Population Committee.
1653 (b) A county described in Subsection (6)(a)(i) shall ensure that each member of the
1654 county's planning commission completes four hours of annual land use training as follows:
1655 (i) one hour of annual training on general powers and duties under Title 17, Chapter
1656 27a, County Land Use, Development, and Management Act; and
1657 (ii) three hours of annual training on land use, which may include:
1658 (A) appeals and variances;
1659 (B) conditional use permits;
1660 (C) exactions;
1661 (D) impact fees;
1662 (E) vested rights;
1663 (F) subdivision regulations and improvement guarantees;
1664 (G) land use referenda;
1665 (H) property rights;
1666 (I) real estate procedures and financing;
1667 (J) zoning, including use-based and form-based; and
1668 (K) drafting ordinances and code that complies with statute.
1669 (c) A newly appointed planning commission member may not participate in a public
1670 meeting as an appointed member until the member completes the training described in
1671 Subsection (6)(b)(i).
1672 (d) A planning commission member may qualify for one completed hour of training
1673 required under Subsection (6)(b)(ii) if the member attends, as an appointed member, 12 public
1674 meetings of the planning commission within a calendar year.
1675 (e) A county shall provide the training described in Subsection (6)(b) through:
1676 (i) county staff;
1677 (ii) the Utah Association of Counties; or
1678 (iii) a list of training courses selected by:
1679 (A) the Utah Association of Counties; or
1680 (B) the Division of Real Estate created in Section 61-2-201.
1681 (f) A county shall, for each planning commission member:
1682 (i) monitor compliance with the training requirements in Subsection (6)(b); and
1683 (ii) maintain a record of training completion at the end of each calendar year.
1684 Section 17. Section 17-27a-506 is amended to read:
1685 17-27a-506. Conditional uses.
1686 (1) (a) A county may adopt a land use ordinance that includes conditional uses and
1687 provisions for conditional uses that require compliance with objective standards set forth in an
1688 applicable ordinance.
1689 (b) A county may not impose a requirement or standard on a conditional use that
1690 conflicts with a provision of this chapter or other state or federal law.
1691 (2) (a) (i) A land use authority shall approve a conditional use if reasonable conditions
1692 are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of
1693 the proposed use in accordance with applicable standards.
1694 (ii) The requirement described in Subsection (2)(a)(i) to reasonably mitigate
1695 anticipated detrimental effects of the proposed conditional use does not require elimination of
1696 the detrimental effects.
1697 (b) If a land use authority proposes reasonable conditions on a proposed conditional
1698 use, the land use authority shall ensure that the conditions are stated on the record and
1699 reasonably relate to mitigating the anticipated detrimental effects of the proposed use.
1700 (c) If the reasonably anticipated detrimental effects of a proposed conditional use
1701 cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to
1702 achieve compliance with applicable standards, the land use authority may deny the conditional
1703 use.
1704 (3) A land use authority's decision to approve or deny a conditional use is an
1705 administrative land use decision.
1706 (4) A legislative body shall classify any use that a land use regulation allows in a
1707 zoning district as either a permitted or conditional use under this chapter.
1708 Section 18. Section 17-27a-508 is amended to read:
1709 17-27a-508. Applicant's entitlement to land use application approval --
1710 Application relating to land in a high priority transportation corridor -- County's
1711 requirements and limitations -- Vesting upon submission of development plan and
1712 schedule.
1713 (1) (a) (i) An applicant who has submitted a complete land use application, including
1714 the payment of all application fees, is entitled to substantive review of the application under the
1715 land use regulations:
1716 (A) in effect on the date that the application is complete; and
1717 (B) applicable to the application or to the information shown on the submitted
1718 application.
1719 (ii) An applicant is entitled to approval of a land use application if the application
1720 conforms to the requirements of the applicable land use regulations, land use decisions, and
1721 development standards in effect when the applicant submits a complete application and pays all
1722 application fees, unless:
1723 (A) the land use authority, on the record, formally finds that a compelling,
1724 countervailing public interest would be jeopardized by approving the application and specifies
1725 the compelling, countervailing public interest in writing; or
1726 (B) in the manner provided by local ordinance and before the applicant submits the
1727 application, the county formally initiates proceedings to amend the county's land use
1728 regulations in a manner that would prohibit approval of the application as submitted.
1729 (b) The county shall process an application without regard to proceedings the county
1730 initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
1731 (i) 180 days have passed since the county initiated the proceedings; and
1732 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
1733 application as submitted.
1734 (c) A land use application is considered submitted and complete when the applicant
1735 provides the application in a form that complies with the requirements of applicable ordinances
1736 and pays all applicable fees.
1737 (d) The continuing validity of an approval of a land use application is conditioned upon
1738 the applicant proceeding after approval to implement the approval with reasonable diligence.
1739 (e) A county may not impose on an applicant who has submitted a complete
1740 application a requirement that is not expressed:
1741 (i) in this chapter;
1742 (ii) in a county ordinance; or
1743 (iii) in a county specification for public improvements applicable to a subdivision or
1744 development that is in effect on the date that the applicant submits an application.
1745 (f) A county may not impose on a holder of an issued land use permit or a final,
1746 unexpired subdivision plat a requirement that is not expressed:
1747 (i) in a land use permit;
1748 (ii) on the subdivision plat;
1749 (iii) in a document on which the land use permit or subdivision plat is based;
1750 (iv) in the written record evidencing approval of the land use permit or subdivision
1751 plat;
1752 (v) in this chapter; or
1753 (vi) in a county ordinance.
1754 (g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a
1755 certificate of occupancy or acceptance of subdivision improvements because of an applicant's
1756 failure to comply with a requirement that is not expressed:
1757 (i) in the building permit or subdivision plat, documents on which the building permit
1758 or subdivision plat is based, or the written record evidencing approval of the building permit or
1759 subdivision plat; or
1760 (ii) in this chapter or the county's ordinances.
1761 (h) A county may not unreasonably withhold issuance of a certificate of occupancy
1762 where an applicant has met all requirements essential for the public health, public safety, and
1763 general welfare of the occupants, in accordance with this chapter, unless:
1764 (i) the applicant and the county have agreed in a written document to the withholding
1765 of a certificate of occupancy; or
1766 (ii) the applicant has not provided a financial assurance for required and uncompleted
1767 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
1768 legislative body adopts under this chapter.
1769 (2) A county is bound by the terms and standards of applicable land use regulations and
1770 shall comply with mandatory provisions of those regulations.
1771 (3) A county may not, as a condition of land use application approval, require a person
1772 filing a land use application to obtain documentation regarding a school district's willingness,
1773 capacity, or ability to serve the development proposed in the land use application.
1774 (4) (a) Except as provided in Subsection (4)(b), for a period of 10 years after the day on
1775 which a subdivision plat is recorded, a county may not impose on a building permit applicant
1776 for a single-family dwelling located within the subdivision any land use regulation that is
1777 enacted within 10 years after the day on which the subdivision plat is recorded.
1778 (b) Subsection (4)(a) does not apply to any changes in the requirements of the
1779 applicable building code, health code, or fire code, or other similar regulations.
1780 [
1781 schedule as required in Subsection 17-27a-305(8) that complies with the requirements of that
1782 subsection, the specified public agency vests in the county's applicable land use maps, zoning
1783 map, hookup fees, impact fees, other applicable development fees, and land use regulations in
1784 effect on the date of submission.
1785 [
1786 Subsection 20A-7-601(5)(a), the project's affected owner may rescind the project's land use
1787 approval by delivering a written notice:
1788 (i) to the local clerk as defined in Section 20A-7-101; and
1789 (ii) no later than seven days after the day on which a petition for a referendum is
1790 determined sufficient under Section 20A-7-607(5).
1791 (b) Upon delivery of a written notice described in Subsection [
1792 are rescinded and are of no further force or effect:
1793 (i) the relevant land use approval; and
1794 (ii) any land use regulation enacted specifically in relation to the land use approval.
1795 Section 19. Section 17-27a-522 is amended to read:
1796 17-27a-522. Parcel boundary adjustment.
1797 [
1798 [
1799
1800 [
1801
1802 [
1803 (1) To make a parcel line adjustment, a property owner shall:
1804 (a) execute a boundary adjustment through:
1805 (i) a quitclaim deed; or
1806 (ii) a boundary line agreement under Section 17-27a-523; and
1807 (b) record the quitclaim deed or boundary line agreement described in Subsection
1808 (1)(a) in the office of the county recorder of the county in which each property is located.
1809 (2) To make a lot line adjustment, a property owner shall:
1810 (a) obtain approval of the boundary adjustment under Section 17-27a-608;
1811 (b) execute a boundary adjustment through:
1812 (i) a quitclaim deed; or
1813 (ii) a boundary line agreement under Section 17-27a-523; and
1814 (c) record the quitclaim deed or boundary line agreement described in Subsection
1815 (2)(b) in the office of the county recorder of the county in which each property is located.
1816 (3) A parcel boundary adjustment under Subsection (1) is not subject to review of a
1817 land use authority unless:
1818 (a) the parcel includes a dwelling; and
1819 (b) the land use authority's approval is required under Subsection 17-27a-523(5).
1820 (4) The recording of a boundary line agreement or other document used to adjust a
1821 mutual boundary line that is not subject to review of a land use authority:
1822 (a) does not constitute a land use approval; and
1823 (b) does not affect the validity of the boundary line agreement or other document used
1824 to adjust a mutual boundary line.
1825 (5) A county may withhold approval of a land use application for property that is
1826 subject to a recorded boundary line agreement or other document used to adjust a mutual
1827 boundary line if the municipality determines that the lots or parcels, as adjusted by the
1828 boundary line agreement or other document used to adjust the mutual boundary line, are not in
1829 compliance with the county's land use regulations in effect on the day on which the boundary
1830 line agreement or other document used to adjust the mutual boundary line is recorded.
1831 Section 20. Section 17-27a-523 is amended to read:
1832 17-27a-523. Boundary line agreement.
1833 [
1834
1835 [
1836 [
1837 [
1838 [
1839 (1) If properly executed and acknowledged as required by law, an agreement between
1840 owners of adjoining property that designates the boundary line between the adjoining
1841 properties acts, upon recording in the office of the recorder of the county in which each
1842 property is located, as a quitclaim deed to convey all of each party's right, title, interest, and
1843 estate in property outside the agreed boundary line that had been the subject of the boundary
1844 line agreement or dispute that led to the boundary line agreement.
1845 (2) Adjoining property owners executing a boundary line agreement described in
1846 Subsection (1) shall:
1847 (a) ensure that the agreement includes:
1848 (i) a legal description of the agreed upon boundary line and of each parcel or lot after
1849 the boundary line is changed;
1850 (ii) the name and signature of each grantor that is party to the agreement;
1851 (iii) a sufficient acknowledgment for each grantor's signature;
1852 (iv) the address of each grantee for assessment purposes;
1853 (v) a legal description of the parcel or lot each grantor owns before the boundary line is
1854 changed; and
1855 (vi) the date of the agreement if the date is not included in the acknowledgment in a
1856 form substantially similar to a quitclaim deed as described in Section 57-1-13;
1857 (b) if any of the property subject to the boundary line agreement is a lot, prepare an
1858 amended plat in accordance with Section 17-27a-608 before executing the boundary line
1859 agreement; and
1860 (c) if none of the property subject to the boundary line agreement is a lot, ensure that
1861 the boundary line agreement includes a statement citing the file number of a record of a survey
1862 map in accordance with Section 17-23-17, unless the statement is exempted by the county.
1863 (3) A boundary line agreement described in Subsection (1) that complies with
1864 Subsection (2) presumptively:
1865 (a) has no detrimental effect on any easement on the property that is recorded before
1866 the day on which the agreement is executed unless the owner of the property benefitting from
1867 the easement specifically modifies the easement within the boundary line agreement or a
1868 separate recorded easement modification or relinquishment document; and
1869 (b) relocates the parties' common boundary line for an exchange of consideration.
1870 (4) Notwithstanding Part 6, Subdivisions, or a county's ordinances or policies, a
1871 boundary line agreement that only affects parcels is not subject to:
1872 (a) any public notice, public hearing, or preliminary platting requirement;
1873 (b) the review of a land use authority; or
1874 (c) an engineering review or approval of the municipality, except as provided in
1875 Subsection (5).
1876 (5) (a) If a parcel that is the subject of a boundary line agreement contains a dwelling
1877 unit, the municipality may require a review of the boundary line agreement if the county:
1878 (i) adopts an ordinance that:
1879 (A) requires review and approval for a boundary line agreement containing a dwelling
1880 unit; and
1881 (B) includes specific criteria for approval; and
1882 (ii) completes the review within 14 days after the day on which the property owner
1883 submits the boundary line agreement for review.
1884 (b) (i) If a county, upon a review under Subsection (5)(a), determines that the boundary
1885 line agreement is deficient or if the county requires additional information to approve the
1886 boundary line agreement, the county shall send, within the time period described in Subsection
1887 (5)(a)(ii), written notice to the property owner that:
1888 (A) describes the specific deficiency or additional information that the county requires
1889 to approve the boundary line agreement; and
1890 (B) states that the county shall approve the boundary line agreement upon the property
1891 owner's correction of the deficiency or submission of the additional information described in
1892 Subsection (5)(b)(i)(A).
1893 (ii) If a county, upon a review under Subsection (5)(a), approves the boundary line
1894 agreement, the county shall send written notice of the boundary line agreement's approval to
1895 the property owner within the time period described in Subsection (5)(a)(ii).
1896 (c) If a county fails to send a written notice under Subsection (5)(b) within the time
1897 period described in Subsection (5)(a)(ii), the property owner may record the boundary line
1898 agreement as if no review under this Subsection (5) was required.
1899 Section 21. Section 17-27a-526 is enacted to read:
1900 17-27a-526. Development agreements.
1901 (1) Subject to Subsection (2), a county may enter into a development agreement
1902 containing any term that the county considers necessary or appropriate to accomplish the
1903 purposes of this chapter.
1904 (2) (a) A development agreement may not:
1905 (i) limit a county's authority in the future to:
1906 (A) enact a land use regulation; or
1907 (B) take any action allowed under Section 17-53-223;
1908 (ii) require a county to change the zoning designation of an area of land within the
1909 county in the future; or
1910 (iii) contain a term that conflicts with, or is different from, a standard set forth in an
1911 existing land use regulation that governs the area subject to the development agreement, unless
1912 the legislative body approves the development agreement in accordance with the same
1913 procedures for enacting a land use regulation under Section 17-27a-502, including a review and
1914 recommendation from the planning commission and a public hearing.
1915 (b) A development agreement that requires the implementation of an existing land use
1916 regulation as an administrative act does not require a legislative body's approval under Section
1917 17-27a-502.
1918 (c) A county may not require a development agreement as the only option for
1919 developing land within the county.
1920 (d) To the extent that a development agreement does not specifically address a matter
1921 or concern related to land use or development, the matter or concern is governed by:
1922 (i) this chapter; and
1923 (ii) any applicable land use regulations.
1924 Section 22. Section 17-27a-527 is enacted to read:
1925 17-27a-527. Infrastructure improvements involving roadways.
1926 (1) As used in this section:
1927 (a) "Low impact development" means the same as that term is defined in Section
1928 19-5-108.5.
1929 (b) (i) "Pavement" means the bituminous or concrete surface of a roadway.
1930 (ii) "Pavement" does not include a curb or gutter.
1931 (c) "Residential street" means a public or private roadway that:
1932 (i) currently serves or is projected to serve an area designated primarily for
1933 single-family residential use;
1934 (ii) requires at least two off-site parking spaces for each single-family residential
1935 property abutting the roadway; and
1936 (iii) has or is projected to have, on average, traffic of no more than 1,000 trips per day,
1937 based on findings contained in:
1938 (A) a traffic impact study;
1939 (B) the county's general plan under Section 17-27a-401;
1940 (C) an adopted phasing plan; or
1941 (D) a written plan or report on current or projected traffic usage.
1942 (2) (a) Except as provided in Subsection (2)(b), a county may not, as part of an
1943 infrastructure improvement, require the installation of pavement on a residential street at a
1944 width in excess of 32 feet if the county requires low impact development for the area in which
1945 the residential street is located.
1946 (b) Subsection (2)(a) does not apply if a county requires the installation of pavement:
1947 (i) in a vehicle turnaround area; or
1948 (ii) to address specific traffic flow constraints at an intersection or other area.
1949 (3) (a) A county shall, by ordinance, establish any standards that the county requires, as
1950 part of an infrastructure improvement, for fire department vehicle access and turnaround on
1951 roadways.
1952 (b) The county shall ensure that the standards established under Subsection (3)(a) are
1953 consistent with the State Fire Code as defined in Section 15A-1-102.
1954 Section 23. Section 17-27a-601 is amended to read:
1955 17-27a-601. Enactment of subdivision ordinance.
1956 (1) The legislative body of a county may enact ordinances requiring that a subdivision
1957 plat comply with the provisions of the county's ordinances and this part before:
1958 (a) the subdivision plat may be filed and recorded in the county recorder's office; and
1959 (b) lots may be sold.
1960 (2) If the legislative body fails to enact a subdivision ordinance, the county may
1961 regulate subdivisions only as provided in this part.
1962 (3) The joining of a lot or lots to a parcel does not constitute a subdivision as to the
1963 parcel or subject the parcel to the county's subdivision ordinance.
1964 Section 24. Section 17-27a-608 is amended to read:
1965 17-27a-608. Subdivision amendments.
1966 (1) (a) A fee owner of [
1967 [
1968 petition with the land use authority to request a subdivision amendment.
1969 (b) Upon filing a written petition to request a subdivision amendment under Subsection
1970 (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
1971 accordance with Section 17-27a-603 that:
1972 (i) depicts only the portion of the subdivision that is proposed to be amended;
1973 (ii) includes a plat name distinguishing the amended plat from the original plat;
1974 (iii) describes the differences between the amended plat and the original plat; and
1975 (iv) includes references to the original plat.
1976 (c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
1977 notice of the petition by mail, email, or other effective means to each affected entity that
1978 provides a service to an owner of record of the portion of the plat that is being amended at least
1979 10 calendar days before the land use authority may approve the petition for a subdivision
1980 amendment.
1981 (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
1982 public hearing within 45 days after the day on which the petition is filed if:
1983 (i) any owner within the plat notifies the county of the owner's objection in writing
1984 within 10 days of mailed notification; or
1985 (ii) a public hearing is required because all of the owners in the subdivision have not
1986 signed the revised plat.
1987 (e) A land use authority may not approve a petition for a subdivision amendment under
1988 this section unless the amendment identifies and preserves any easements owned by a culinary
1989 water authority and sanitary sewer authority for existing facilities located within the
1990 subdivision.
1991 (2) [
1992 of Subsection (1)(d) does not apply and a land use authority may consider at a public meeting
1993 an owner's petition for a subdivision amendment if:
1994 (a) the petition seeks to:
1995 (i) join two or more of the petitioning fee owner's contiguous lots;
1996 (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
1997 result in a violation of a land use ordinance or a development condition;
1998 (iii) adjust the lot lines of adjoining lots or [
1999 parcel if the fee owners of each of the adjoining [
2000 regardless of whether the [
2001 (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
2002 imposed by the local political subdivision; or
2003 (v) alter the plat in a manner that does not change existing boundaries or other
2004 attributes of lots within the subdivision that are not:
2005 (A) owned by the petitioner; or
2006 (B) designated as a common area; and
2007 (b) notice has been given to [
2008 any applicable local ordinance.
2009 (3) A petition under Subsection (1)(a) that contains a request to amend a public street or
2010 county utility easement is also subject to Section 17-27a-609.5.
2011 (4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
2012 a portion of a plat shall include:
2013 (a) the name and address of each owner of record of the land contained in:
2014 (i) the entire plat; or
2015 (ii) that portion of the plan described in the petition; and
2016 (b) the signature of each owner who consents to the petition.
2017 (5) (a) The owners of record of [
2018
2019 properties is a lot may exchange title to portions of those [
2020 title is approved by the land use authority in accordance with Subsection (5)(b).
2021 (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
2022 the exchange of title will not result in a violation of any land use ordinance.
2023 (c) If an exchange of title is approved under Subsection (5)(b):
2024 (i) a notice of approval shall be recorded in the office of the county recorder which:
2025 (A) is executed by each owner included in the exchange and by the land use authority;
2026 (B) contains an acknowledgment for each party executing the notice in accordance with
2027 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
2028 (C) recites the legal descriptions of both the [
2029 [
2030 (ii) a document of conveyance of title reflecting the approved change shall be recorded
2031 in the office of the county recorder with an amended plat.
2032 (d) A notice of approval recorded under this Subsection (5) does not act as a
2033 conveyance of title to real property and is not required to record a document conveying title to
2034 real property.
2035 (6) (a) The name of a recorded subdivision may be changed by recording an amended
2036 plat making that change, as provided in this section and subject to Subsection (6)(c).
2037 (b) The surveyor preparing the amended plat shall certify that the surveyor:
2038 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
2039 Professional Land Surveyors Licensing Act;
2040 (ii) has completed a survey of the property described on the plat in accordance with
2041 Section 17-23-17 and has verified all measurements; and
2042 (iii) has placed monuments as represented on the plat.
2043 (c) An owner of land may not submit for recording an amended plat that gives the
2044 subdivision described in the amended plat the same name as a subdivision recorded in the
2045 county recorder's office.
2046 (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
2047 document that purports to change the name of a recorded plat is void.
2048 Section 25. Section 17-27a-609.5 is amended to read:
2049 17-27a-609.5. Petition to vacate a public street.
2050 (1) In lieu of vacating some or all of a public street through a plat or amended plat in
2051 accordance with Sections 17-27a-603 through 17-27a-609, a legislative body may approve a
2052 petition to vacate a public street in accordance with this section.
2053 (2) A petition to vacate some or all of a public street or county utility easement shall
2054 include:
2055 (a) the name and address of each owner of record of land that is:
2056 (i) adjacent to the public street or county utility easement between the two nearest
2057 public street intersections; or
2058 (ii) accessed exclusively by or within 300 feet of the public street or county utility
2059 easement;
2060 (b) proof of written notice to operators of utilities and culinary water or sanitary sewer
2061 facilities located within the bounds of the public street or county utility easement sought to be
2062 vacated; and
2063 (c) the signature of each owner under Subsection (2)(a) who consents to the vacation.
2064 (3) If a petition is submitted containing a request to vacate some or all of a public street
2065 or county utility easement, the legislative body shall hold a public hearing in accordance with
2066 Section 17-27a-208 and determine whether:
2067 (a) good cause exists for the vacation; and
2068 (b) the public interest or any person will be materially injured by the proposed
2069 vacation.
2070 (4) The legislative body may adopt an ordinance granting a petition to vacate some or
2071 all of a public street or county utility easement if the legislative body finds that:
2072 (a) good cause exists for the vacation; and
2073 (b) neither the public interest nor any person will be materially injured by the vacation.
2074 (5) If the legislative body adopts an ordinance vacating some or all of a public street or
2075 county utility easement, the legislative body shall ensure that one or both of the following is
2076 recorded in the office of the recorder of the county in which the land is located:
2077 (a) a plat reflecting the vacation; or
2078 (b) (i) an ordinance described in Subsection (4); and
2079 (ii) a legal description of the public street to be vacated.
2080 (6) The action of the legislative body vacating some or all of a public street or county
2081 utility easement that has been dedicated to public use:
2082 (a) operates to the extent to which it is vacated, upon the effective date of the recorded
2083 plat or ordinance, as a revocation of the acceptance of and the relinquishment of the county's
2084 fee in the vacated street, right-of-way, or easement; and
2085 (b) may not be construed to impair:
2086 (i) any right-of-way or easement of any parcel or lot owner; [
2087 (ii) the rights of any public utility[
2088 (iii) the rights of a culinary water authority or sanitary sewer authority.
2089 (7) (a) A county may submit a petition, in accordance with Subsection (2), and initiate
2090 and complete a process to vacate some or all of a public street.
2091 (b) If a county submits a petition and initiates a process under Subsection (7)(a):
2092 (i) the legislative body shall hold a public hearing;
2093 (ii) the petition and process may not apply to or affect a public utility easement, except
2094 to the extent:
2095 (A) the easement is not a protected utility easement as defined in Section 54-3-27;
2096 (B) the easement is included within the public street; and
2097 (C) the notice to vacate the public street also contains a notice to vacate the easement;
2098 and
2099 (iii) a recorded ordinance to vacate a public street has the same legal effect as vacating
2100 a public street through a recorded plat or amended plat.
2101 (8) A legislative body may not approve a petition to vacate a public street under this
2102 section unless the vacation identifies and preserves any easements owned by a culinary water
2103 authority and sanitary sewer authority for existing facilities located within the public street.
2104 Section 26. Section 17-27a-701 is amended to read:
2105 17-27a-701. Appeal authority required -- Condition precedent to judicial review
2106 -- Appeal authority duties.
2107 (1) (a) Each county adopting a land use ordinance shall, by ordinance, establish one or
2108 more appeal authorities [
2109 (b) An appeal authority shall hear and decide:
2110 [
2111 [
2112 [
2113 (c) An appeal authority may not hear an appeal from the enactment of a land use
2114 regulation.
2115 (2) As a condition precedent to judicial review, each adversely affected party shall
2116 timely and specifically challenge a land use authority's land use decision, in accordance with
2117 local ordinance.
2118 (3) An appeal authority described in Subsection (1)(a):
2119 (a) shall:
2120 (i) act in a quasi-judicial manner; and
2121 (ii) serve as the final arbiter of issues involving the interpretation or application of land
2122 use ordinances; and
2123 (b) may not entertain an appeal of a matter in which the appeal authority, or any
2124 participating member, had first acted as the land use authority.
2125 (4) By ordinance, a county may:
2126 (a) designate a separate appeal authority to hear requests for variances than the appeal
2127 authority [
2128 (b) designate one or more separate appeal authorities to hear distinct types of appeals
2129 of land use authority decisions;
2130 (c) require an adversely affected party to present to an appeal authority every theory of
2131 relief that [
2132 (d) not require a land use applicant or adversely affected party to pursue duplicate or
2133 successive appeals before the same or separate appeal authorities as a condition of an appealing
2134 party's duty to exhaust administrative remedies; and
2135 (e) provide that specified types of land use decisions may be appealed directly to the
2136 district court.
2137 (5) If the county establishes or, prior to the effective date of this chapter, has
2138 established a multiperson board, body, or panel to act as an appeal authority, at a minimum the
2139 board, body, or panel shall:
2140 (a) notify each of [
2141 hearing of the board, body, or panel;
2142 (b) provide each of [
2143 information and access to municipal resources as any other member;
2144 (c) convene only if a quorum of [
2145 present; and
2146 (d) act only upon the vote of a majority of [
2147 body, or panel.
2148 Section 27. Section 17-27a-801 is amended to read:
2149 17-27a-801. No district court review until administrative remedies exhausted --
2150 Time for filing -- Tolling of time -- Standards governing court review -- Record on review
2151 -- Staying of decision.
2152 (1) No person may challenge in district court a land use decision until that person has
2153 exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
2154 Variances, if applicable.
2155 (2) (a) [
2156 may file a petition for review of [
2157 after the decision is final.
2158 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
2159 property owner files a request for arbitration of a constitutional taking issue with the property
2160 rights ombudsman under Section 13-43-204 until 30 days after:
2161 (A) the arbitrator issues a final award; or
2162 (B) the property rights ombudsman issues a written statement under Subsection
2163 13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
2164 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
2165 taking issue that is the subject of the request for arbitration filed with the property rights
2166 ombudsman by a property owner.
2167 (iii) A request for arbitration filed with the property rights ombudsman after the time
2168 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
2169 (3) (a) A court shall:
2170 (i) presume that a land use regulation properly enacted under the authority of this
2171 chapter is valid; and
2172 (ii) determine only whether:
2173 (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
2174 or federal law; and
2175 (B) it is reasonably debatable that the land use regulation is consistent with this
2176 chapter.
2177 (b) A court shall:
2178 (i) presume that a final land use decision of a land use authority or an appeal authority
2179 is valid; and
2180 (ii) uphold the land use decision unless the land use decision is:
2181 (A) arbitrary and capricious; or
2182 (B) illegal.
2183 (c) (i) A land use decision is arbitrary and capricious if the land use decision is not
2184 supported by substantial evidence in the record.
2185 (ii) A land use decision is illegal if the land use decision is:
2186 (A) based on an incorrect interpretation of a land use regulation; or
2187 (B) contrary to law.
2188 (d) (i) A court may affirm or reverse [
2189 decision.
2190 (ii) If the court reverses a [
2191 shall remand the matter to the land use authority with instructions to issue [
2192 use decision consistent with the court's decision.
2193 (4) The provisions of Subsection (2)(a) apply from the date on which the county takes
2194 final action on a land use application, if the county conformed with the notice provisions of
2195 Part 2, Notice, or for any person who had actual notice of the pending land use decision.
2196 (5) If the county has complied with Section 17-27a-205, a challenge to the enactment
2197 of a land use regulation or general plan may not be filed with the district court more than 30
2198 days after the enactment.
2199 (6) A challenge to a land use decision is barred unless the challenge is filed within 30
2200 days after the land use decision is final.
2201 (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
2202 the reviewing court the record of [
2203 authority, including [
2204 transcript of [
2205 (b) If the proceeding was recorded, a transcript of that recording is a true and correct
2206 transcript for purposes of this Subsection (7).
2207 (8) (a) (i) If there is a record, the district court's review is limited to the record provided
2208 by the land use authority or appeal authority, as the case may be.
2209 (ii) The court may not accept or consider any evidence outside the record of the land
2210 use authority or appeal authority, as the case may be, unless that evidence was offered to the
2211 land use authority or appeal authority, respectively, and the court determines that [
2212 evidence was improperly excluded.
2213 (b) If there is no record, the court may call witnesses and take evidence.
2214 (9) (a) The filing of a petition does not stay the land use decision of the land use
2215 authority or appeal authority, as the case may be.
2216 (b) (i) Before filing a petition under this section or a request for mediation or
2217 arbitration of a constitutional taking issue under Section 13-43-204, a land use applicant may
2218 petition the appeal authority to stay [
2219 (ii) Upon receipt of a petition to stay, the appeal authority may order [
2220 authority's decision stayed pending district court review if the appeal authority finds [
2221 order to be in the best interest of the county.
2222 (iii) After a petition is filed under this section or a request for mediation or arbitration
2223 of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
2224 injunction staying the appeal authority's land use decision.
2225 (10) If the court determines that a party initiated or pursued a challenge to [
2226 use decision on a land use application in bad faith, the court may award attorney fees.
2227 Section 28. Section 57-1-13 is amended to read:
2228 57-1-13. Form of quitclaim deed -- Effect.
2229 (1) A conveyance of land may also be substantially in the following form:
2230
2231 ____ (here insert name), grantor, of ____ (insert place of residence), hereby quitclaims
2232 to ____ (insert name), grantee, of ____ (here insert place of residence), for the sum of ____
2233 dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe
2234 the premises).
2235 Witness the hand of said grantor this __________(month\day\year).
2236 A quitclaim deed when executed as required by law shall have the effect of a
2237 conveyance of all right, title, interest, and estate of the grantor in and to the premises therein
2238 described and all rights, privileges, and appurtenances thereunto belonging, at the date of the
2239 conveyance."
2240 (2) A boundary line agreement operating as a quitclaim deed shall meet the
2241 requirements described in Section [
2242 Section 29. Section 57-1-45 is amended to read:
2243 57-1-45. Boundary line agreements.
2244 [
2245
2246
2247
2248
2249
2250 [
2251
2252 [
2253 [
2254 [
2255 [
2256 [
2257 [
2258 [
2259
2260
2261 [
2262
2263 [
2264
2265 [
2266
2267 [
2268
2269
2270
2271 [
2272 [
2273
2274
2275 [
2276 [
2277 [
2278 A boundary line agreement to adjust the boundaries of adjoining properties shall
2279 comply with Section 10-9a-524 or 17-27a-523, as applicable.
2280 Section 30. Section 63I-2-217 is amended to read:
2281 63I-2-217. Repeal dates -- Title 17.
2282 (1) Section 17-22-32.2, regarding restitution reporting, is repealed January 1, 2021.
2283 (2) Section 17-22-32.3, regarding the Jail Incarceration and Transportation Costs Study
2284 Council, is repealed January 1, 2021.
2285 (3) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
2286 planning district" is repealed June 1, 2021.
2287 (4) (a) Subsection 17-27a-103[
2288 is repealed June 1, 2021.
2289 (b) Subsection 17-27a-103[
2290 repealed June 1, 2021.
2291 (5) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
2292 district area" is repealed June 1, 2021.
2293 (6) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning district, is
2294 repealed June 1, 2021.
2295 (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
2296 June 1, 2021.
2297 (c) Subsection 17-27a-301(3)(a), the language that states " or (c)" is repealed June 1,
2298 2021.
2299 (7) Section 17-27a-302, the language that states ", or mountainous planning district"
2300 and "or the mountainous planning district," is repealed June 1, 2021.
2301 (8) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
2302 district or" and ", as applicable" is repealed June 1, 2021.
2303 (9) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning district, is
2304 repealed June 1, 2021.
2305 (b) Subsection 17-27a-401(7), regarding a mountainous planning district, is repealed
2306 June 1, 2021.
2307 (10) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning district, is
2308 repealed June 1, 2021.
2309 (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
2310 repealed June 1, 2021.
2311 (c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
2312 planning district" is repealed June 1, 2021.
2313 (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
2314 district" is repealed June 1, 2021.
2315 (11) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning district, is
2316 repealed June 1, 2021.
2317 (12) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning district, is
2318 repealed June 1, 2021.
2319 (13) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
2320 mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
2321 (14) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning district, is
2322 repealed June 1, 2021.
2323 (15) Subsection 17-27a-605(1)(a), the language that states "or mountainous planning
2324 district land" is repealed June 1, 2021.
2325 (16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
2326 2021.
2327 (17) On June 1, 2021, when making the changes in this section, the Office of
2328 Legislative Research and General Counsel shall:
2329 (a) in addition to its authority under Subsection 36-12-12(3):
2330 (i) make corrections necessary to ensure that sections and subsections identified in this
2331 section are complete sentences and accurately reflect the office's understanding of the
2332 Legislature's intent; and
2333 (ii) make necessary changes to subsection numbering and cross references; and
2334 (b) identify the text of the affected sections and subsections based upon the section and
2335 subsection numbers used in Laws of Utah 2017, Chapter 448.
2336 (18) Subsection 17-34-1(5)(d), regarding county funding of certain municipal services
2337 in a designated recreation area, is repealed June 1, 2021.
2338 (19) Title 17, Chapter 35b, Consolidation of Local Government Units, is repealed
2339 January 1, 2022.
2340 (20) On June 1, 2022:
2341 (a) Section 17-52a-104 is repealed;
2342 (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
2343 described in Subsection 17-52a-104(1)(b) or (2)(b)," is repealed; and
2344 (c) Subsection 17-52a-301(3)(a)(iv), regarding the first initiated process, is repealed.
2345 (21) On January 1, 2028, Subsection 17-52a-103(3), requiring certain counties to
2346 initiate a change of form of government process by July 1, 2018, is repealed.