Representative Joel Ferry proposes the following substitute bill:


1     
SUBDIVISION PLAT AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel Ferry

5     
Senate Sponsor: Derrin R. Owens

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions applicable to the recording of a subdivision plat.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires an owner of land seeking a municipality's or county's approval for the
14     recording of a subdivision plat to describe certain water conveyance facilities
15     located within the plat;
16          ▸     modifies provisions related to:
17               •     a municipality's or county's notification to the owners of certain water
18     conveyance facilities regarding a proposed subdivision; and
19               •     the comments provided to a municipality or county regarding a proposed
20     subdivision;
21          ▸     requires the surveyor making a subdivision plat to verify certain information
22     regarding water conveyance facilities located within the plat, in addition to
23     underground facilities and utility facilities; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          10-9a-603, as last amended by Laws of Utah 2020, Chapter 434
32          10-9a-604, as last amended by Laws of Utah 2020, Chapter 434
33          17-27a-603, as last amended by Laws of Utah 2020, Chapter 434
34          17-27a-604, as last amended by Laws of Utah 2020, Chapter 434
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 10-9a-603 is amended to read:
38          10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
39     acknowledgment, surveyor certification, and verification of plat -- Recording plat.
40          (1) As used in this section:
41          (a) (i) "Facility owner" means the same as that term is defined in Section 73-1-15.5.
42          (ii) "Facility owner" includes a canal owner or associated canal operator contact
43     described in:
44          (A) Section 10-9a-211;
45          (B) Subsection 73-5-7(3); or
46          (C) Subsection (6)(c).
47          (b) "Local health department" means the same as that term is defined in Section
48     26A-1-102.
49          (c) "State engineer's inventory of canals" means the state engineer's inventory of water
50     conveyance systems established in Section 73-5-7.
51          (d) "Underground facility" means the same as that term is defined in Section 54-8a-2.
52          (e) "Water conveyance facility" means the same as that term is defined in Section
53     73-1-15.5.
54          [(1)] (2) Unless exempt under Section 10-9a-605 or excluded from the definition of
55     subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
56     the land shall provide to the municipality in which the land is located an accurate plat that
57     describes or specifies:
58          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
59     the county recorder's office;
60          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
61     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
62     intended to be used as a street or for any other public use, and whether any such area is
63     reserved or proposed for dedication for a public purpose;
64          (c) the lot or unit reference, block or building reference, street or site address, street
65     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
66     and width of the blocks and lots intended for sale; [and]
67          (d) every existing right-of-way and recorded easement [grant of record for an
68     underground facility, as defined in Section 54-8a-2, and for any other utility facility.] located
69     within the plat for:
70          (i) an underground facility;
71          (ii) a water conveyance facility; or
72          (iii) any other utility facility; and
73          (e) any water conveyance facility located, entirely or partially, within the plat that:
74          (i) is not recorded; and
75          (ii) of which the owner of the land has actual or constructive knowledge, including
76     from information made available to the owner of the land:
77          (A) in the state engineer's inventory of canals; or
78          (B) from a surveyor under Subsection (6)(c).
79          [(2)] (3) (a) Subject to Subsections [(3), (5), and (6)] (4), (6), and (7), if the plat
80     conforms to the municipality's ordinances and this part and has been approved by the culinary
81     water authority, the sanitary sewer authority, and the local health department, [as defined in
82     Section 26A-1-102,] if the local health department and the municipality consider the local
83     health department's approval necessary, the municipality shall approve the plat.
84          (b) Municipalities are encouraged to receive a recommendation from the fire authority
85     and the public safety answering point before approving a plat.
86          (c) A municipality may not require that a plat be approved or signed by a person or
87     entity who:
88          (i) is not an employee or agent of the municipality; or
89          (ii) does not:
90          (A) have a legal or equitable interest in the property within the proposed subdivision;
91          (B) provide a utility or other service directly to a lot within the subdivision;
92          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
93     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
94     relation to the plat; or
95          (D) provide culinary public water service whose source protection zone designated as
96     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
97          [(d) For a subdivision application that includes land located within a notification zone,
98     as determined under Subsection (2)(f), the land use authority shall:]
99          [(i) within 20 days after the day on which a complete subdivision application is filed,
100     provide written notice of the application to the canal owner or associated canal operator contact
101     described in:]
102          [(A) Section 10-9a-211;]
103          [(B) Subsection 73-5-7(2); or]
104          [(C) Subsection (5)(c); and]
105          (d) A municipality shall:
106          (i) within 20 days after the day on which an owner of land submits to the municipality
107     a complete subdivision plat land use application, mail written notice of the proposed
108     subdivision to the facility owner of any water conveyance facility located, entirely or partially,
109     within 100 feet of the subdivision plat, as determined using information made available to the
110     municipality:
111          (A) from the facility owner under Section 10-9a-211, using mapping-grade global
112     positioning satellite units or digitized data from the most recent aerial photo available to the
113     facility owner;
114          (B) in the state engineer's inventory of canals; or
115          (C) from a surveyor under Subsection (6)(c); and
116          (ii) [wait to] not approve [or reject] the subdivision [application] plat for at least 20
117     days after the day on which the [land use authority] municipality mails to each facility owner
118     the notice described in Subsection [(2)] (3)(d)(i), in order to receive [input from the canal
119     owner or associated canal operator, including input] any comments from each facility owner
120     regarding:
121          (A) access to the [canal] water conveyance facility;
122          (B) maintenance of the [canal] water conveyance facility;
123          [(C) canal protection; and]
124          [(D) canal safety.]
125          (C) protection of the water conveyance facility;
126          (D) safety of the water conveyance facility; or
127          (E) any other issue related to water conveyance facility operations.
128          (e) When applicable, the owner of the land seeking subdivision [applicant] plat
129     approval shall comply with Section 73-1-15.5.
130          [(f) The land use authority shall provide the notice described in Subsection (2)(d) to a
131     canal owner or associated canal operator if:]
132          [(i) the canal's centerline is located within 100 feet of a proposed subdivision; and]
133          [(ii) the centerline alignment is available to the land use authority:]
134          [(A) from information provided by the canal company under Section 10-9a-211, using
135     mapping-grade global positioning satellite units or digitized data from the most recent aerial
136     photo available to the canal owner or associated canal operator;]
137          [(B) using the state engineer's inventory of canals under Section 73-5-7; or]
138          [(C) from information provided by a surveyor under Subsection (5)(c).]
139          (f) A facility owner's failure to provide comments to a municipality in accordance with
140     Subsection (3)(d)(ii) does not affect or impair the municipality's authority to approve the
141     subdivision plat.
142          [(3)] (4) The municipality may withhold an otherwise valid plat approval until the
143     owner of the land provides the legislative body with a tax clearance indicating that all taxes,
144     interest, and penalties owing on the land have been paid.
145          [(4)] (5) (a) Within 30 days after approving a final plat under this section, a
146     municipality shall submit to the Automated Geographic Reference Center, created in Section
147     63F-1-506, for inclusion in the unified statewide 911 emergency service database described in
148     Subsection 63H-7a-304(4)(b):
149          (i) an electronic copy of the approved final plat; or
150          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
151     for construction within the bounds of the approved plat.
152          (b) If requested by the Automated Geographic Reference Center, a municipality that
153     approves a final plat under this section shall:
154          (i) coordinate with the Automated Geographic Reference Center to validate the
155     information described in Subsection [(4)] (5)(a); and
156          (ii) assist the Automated Geographic Reference Center in creating electronic files that
157     contain the information described in Subsection [(4)] (5)(a) for inclusion in the unified
158     statewide 911 emergency service database.
159          [(5)] (6) (a) A county recorder may not record a plat unless:
160          (i) prior to recordation, the municipality has approved and signed the plat;
161          (ii) each owner of record of land described on the plat has signed the owner's
162     dedication as shown on the plat; and
163          (iii) the signature of each owner described in Subsection [(5)] (6)(a)(ii) is
164     acknowledged as provided by law.
165          (b) The surveyor making the plat shall certify that the surveyor:
166          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
167     Professional Land Surveyors Licensing Act;
168          (ii) has completed a survey of the property described on the plat in accordance with
169     Section 17-23-17 and has verified all measurements; and
170          (iii) has placed monuments as represented on the plat.
171          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator, or a
172     representative designated by the owner or operator, of an existing [or proposed] water
173     conveyance facility located within the proposed subdivision, or an existing or proposed
174     underground facility or utility facility located within the proposed subdivision, [or a
175     representative designated by the owner or operator,] to verify the accuracy of the surveyor's
176     depiction of the:
177          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
178     public or private easement, or grants of record;
179          (B) location of [an existing] the existing water conveyance facility, or the existing or
180     proposed underground facility [and] or utility facility; and
181          (C) physical restrictions governing the location of the existing or proposed
182     underground facility [and] or utility facility [within the subdivision].
183          (ii) The cooperation of an owner or operator of a water conveyance facility,
184     underground facility, or utility facility under Subsection [(5)] (6)(c)(i):
185          (A) indicates only that the plat approximates the location of the existing [underground
186     and utility] facilities but does not warrant or verify their precise location; and
187          (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
188     Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
189     applicable to prescriptive rights, or any other provision of law.
190          [(6)] (7) (a) Except as provided in Subsection [(5)] (6)(c), after the plat has been
191     acknowledged, certified, and approved, the [individual] owner of the land seeking to record the
192     plat shall, within the time period and manner designated by ordinance, record the plat in the
193     county recorder's office in the county in which the lands platted and laid out are situated.
194          (b) A failure to record a plat within the time period designated by ordinance renders the
195     plat voidable by the [land use authority] municipality.
196          Section 2. Section 10-9a-604 is amended to read:
197          10-9a-604. Subdivision plat approval procedure -- Effect of not complying.
198          (1) A person may not submit a subdivision plat to the county recorder's office for
199     recording unless:
200          (a) the person has complied with the requirements of Subsection 10-9a-603[(5)](6)(a);
201          (b) the plat has been approved by:
202          (i) the land use authority of the municipality in which the land described in the plat is
203     located; and
204          (ii) other officers that the municipality designates in its ordinance;
205          (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by the
206     designated officers; and
207          (d) if the person submitting the plat intends the plat to be or if the plat is part of a
208     community association subject to Title 57, Chapter 8a, Community Association Act, the plat
209     includes language conveying to the association, as that term is defined in Section 57-8a-102, all
210     common areas, as that term is defined in Section 57-8a-102.
211          (2) A subdivision plat recorded without the signatures required under this section is
212     void.
213          (3) A transfer of land pursuant to a void plat is voidable by the land use authority.
214          Section 3. Section 17-27a-603 is amended to read:
215          17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
216     acknowledgment, surveyor certification, and verification of plat -- Recording plat.
217          (1) As used in this section:
218          (a) (i) "Facility owner" means the same as that term is defined in Section 73-1-15.5.
219          (ii) "Facility owner" includes a canal owner or associated canal operator contact
220     described in:
221          (A) Section 17-27a-211;
222          (B) Subsection 73-5-7(3); or
223          (C) Subsection (6)(c).
224          (b) "Local health department" means the same as that term is defined in Section
225     26A-1-102.
226          (c) "State engineer's inventory of canals" means the state engineer's inventory of water
227     conveyance systems established in Section 73-5-7.
228          (d) "Underground facility" means the same as that term is defined in Section 54-8a-2.
229          (e) "Water conveyance facility" means the same as that term is defined in Section
230     73-1-15.5.
231          [(1)] (2) Unless exempt under Section 17-27a-605 or excluded from the definition of
232     subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
233     the land shall provide to the county in which the land is located an accurate plat that describes
234     or specifies:
235          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
236     the county recorder's office;
237          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
238     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
239     intended to be used as a street or for any other public use, and whether any such area is
240     reserved or proposed for dedication for a public purpose;
241          (c) the lot or unit reference, block or building reference, street or site address, street
242     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
243     and width of the blocks and lots intended for sale; [and]
244          (d) every existing right-of-way and recorded easement [grant of record for an
245     underground facility, as defined in Section 54-8a-2, and for any other utility facility.] located
246     within the plat for:
247          (i) an underground facility;
248          (ii) a water conveyance facility; or
249          (iii) any other utility facility; and
250          (e) any water conveyance facility located, entirely or partially, within the plat that:
251          (i) is not recorded; and
252          (ii) of which the owner of the land has actual or constructive knowledge, including
253     from information made available to the owner of the land:
254          (A) in the state engineer's inventory of canals; or
255          (B) from a surveyor under Subsection (6)(c).
256          [(2)] (3) (a) Subject to Subsections [(3), (5), and (6)] (4), (6), and (7), if the plat
257     conforms to the county's ordinances and this part and has been approved by the culinary water
258     authority, the sanitary sewer authority, and the local health department, [as defined in Section
259     26A-1-102,] if the local health department and the county consider the local health
260     department's approval necessary, the county shall approve the plat.
261          (b) Counties are encouraged to receive a recommendation from the fire authority and
262     the public safety answering point before approving a plat.
263          (c) A county may not require that a plat be approved or signed by a person or entity
264     who:
265          (i) is not an employee or agent of the county; or
266          (ii) does not:
267          (A) have a legal or equitable interest in the property within the proposed subdivision;
268          (B) provide a utility or other service directly to a lot within the subdivision;
269          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
270     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
271     relation to the plat; or
272          (D) provide culinary public water service whose source protection zone designated as
273     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
274          [(d) For a subdivision application that includes land located within a notification zone,
275     as determined under Subsection (2)(f), the land use authority shall:]
276          [(i) within 20 days after the day on which a complete subdivision application is filed,
277     provide written notice of the application to the canal owner or associated canal operator contact
278     described in:]
279          [(A) Section 17-27a-211;]
280          [(B) Subsection 73-5-7(2); or]
281          [(C) Subsection (5)(c); and]
282          (d) A county shall:
283          (i) within 20 days after the day on which an owner of land submits to the county a
284     complete subdivision plat land use application, mail written notice of the proposed subdivision
285     to the facility owner of any water conveyance facility located, entirely or partially, within 100
286     feet of the subdivision plat, as determined using information made available to the county:
287          (A) from the facility owner under Section 10-9a-211, using mapping-grade global
288     positioning satellite units or digitized data from the most recent aerial photo available to the
289     facility owner;
290          (B) in the state engineer's inventory of canals; or
291          (C) from a surveyor under Subsection (6)(c); and
292          (ii) [wait to] not approve [or reject] the subdivision [application] plat for at least 20
293     days after the day on which the [land use authority] county mails to each facility owner the
294     notice under Subsection [(2)] (3)(d)(i) in order to receive [input from the canal owner or
295     associated canal operator, including input] any comments from each facility owner regarding:
296          (A) access to the [canal] water conveyance facility;
297          (B) maintenance of the [canal] water conveyance facility;
298          [(C) canal protection; and]
299          [(D) canal safety.]
300          (C) protection of the water conveyance facility integrity;
301          (D) safety of the water conveyance facility; or
302          (E) any other issue related to water conveyance facility operations.
303          (e) When applicable, the owner of the land seeking subdivision [applicant] plat
304     approval shall comply with Section 73-1-15.5.
305          [(f) The land use authority shall provide the notice described in Subsection (2)(d) to a
306     canal owner or associated canal operator if:]
307          [(i) the canal's centerline is located within 100 feet of a proposed subdivision; and]
308          [(ii) the centerline alignment is available to the land use authority:]
309          [(A) from information provided by the canal company under Section 17-27a-211 using
310     mapping-grade global positioning satellite units or digitized data from the most recent aerial
311     photo available to the canal owner or canal operator;]
312          [(B) using the state engineer's inventory of canals under Section 73-5-7; or]
313          [(C) from information provided by a surveyor under Subsection (5)(c).]
314          (f) A facility owner's failure to provide comments to a county in accordance with
315     Subsection (3)(d)(ii) does not affect or impair the county's authority to approve the subdivision
316     plat.
317          [(3)] (4) The county may withhold an otherwise valid plat approval until the owner of
318     the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
319     penalties owing on the land have been paid.
320          [(4)] (5) (a) Within 30 days after approving a final plat under this section, a county
321     shall submit to the Automated Geographic Reference Center, created in Section 63F-1-506, for
322     inclusion in the unified statewide 911 emergency service database described in Subsection
323     63H-7a-304(4)(b):
324          (i) an electronic copy of the approved final plat; or
325          (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
326     for construction within the bounds of the approved plat.
327          (b) If requested by the Automated Geographic Reference Center, a county that
328     approves a final plat under this section shall:
329          (i) coordinate with the Automated Geographic Reference Center to validate the
330     information described in Subsection [(4)] (5)(a); and
331          (ii) assist the Automated Geographic Reference Center in creating electronic files that
332     contain the information described in Subsection [(4)] (5)(a) for inclusion in the unified
333     statewide 911 emergency service database.
334          [(5)] (6) (a) A county recorder may not record a plat unless, subject to Subsection
335     17-27a-604(1):
336          (i) prior to recordation, the county has approved and signed the plat;
337          (ii) each owner of record of land described on the plat has signed the owner's
338     dedication as shown on the plat; and
339          (iii) the signature of each owner described in Subsection [(5)] (6)(a)(ii) is
340     acknowledged as provided by law.
341          (b) The surveyor making the plat shall certify that the surveyor:
342          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
343     Professional Land Surveyors Licensing Act;
344          (ii) has completed a survey of the property described on the plat in accordance with
345     Section 17-23-17 and has verified all measurements; and
346          (iii) has placed monuments as represented on the plat.
347          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator, or a
348     representative designated by the owner or operator, of an existing [or proposed] water
349     conveyance facility located within the proposed subdivision, or an existing or proposed
350     underground facility or utility facility located within the proposed subdivision, [or a
351     representative designated by the owner or operator,] to verify the accuracy of the surveyor's
352     depiction of the:
353          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
354     public or private easement, or grants of record;
355          (B) location of [an] the existing water conveyance facility, or the existing or proposed
356     underground facility [and] or utility facility; and
357          (C) physical restrictions governing the location of the existing or proposed
358     underground facility [and] or utility facility [within the subdivision].
359          (ii) The cooperation of an owner or operator of a water conveyance facility,
360     underground facility, or utility facility under Subsection [(5)] (6)(c)(i):
361          (A) indicates only that the plat approximates the location of the existing [underground
362     and utility] facilities but does not warrant or verify their precise location; and
363          (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
364     Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
365     applicable to prescriptive rights, or any other provision of law.
366          [(6)] (7) (a) Except as provided in Subsection [(5)] (6)(c), after the plat has been
367     acknowledged, certified, and approved, the [individual] owner of the land seeking to record the
368     plat shall, within the time period and manner designated by ordinance, record the plat in the
369     county recorder's office in the county in which the lands platted and laid out are situated.
370          (b) A failure to record a plat within the time period designated by ordinance renders the
371     plat voidable by the [land use authority] county.
372          Section 4. Section 17-27a-604 is amended to read:
373          17-27a-604. Subdivision plat approval procedure -- Effect of not complying.
374          (1) A person may not submit a subdivision plat to the county recorder's office for
375     recording unless:
376          (a) the person has complied with the requirements of Subsection 17-27a-603[(5)](6)(a);
377          (b) the plat has been approved by:
378          (i) the land use authority of the:
379          (A) county in whose unincorporated area the land described in the plat is located; or
380          (B) mountainous planning district in whose area the land described in the plat is
381     located; and
382          (ii) other officers that the county designates in its ordinance;
383          (c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
384     designated officers; and
385          (d) if the person submitting the plat intends the plat to be or if the plat is part of a
386     community association subject to Title 57, Chapter 8a, Community Association Act, the plat
387     includes language conveying to the association, as that term is defined in Section 57-8a-102, all
388     common areas, as that term is defined in Section 57-8a-102.
389          (2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if
390     the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a,
391     Community Association Act.
392          (3) A plat recorded without the signatures required under this section is void.
393          (4) A transfer of land pursuant to a void plat is voidable by the land use authority.