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