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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 ▸ modifies provisions related to when a person may challenge an annexation in
15 district court;
16 ▸ modifies notice requirements after a municipality receives a request for
17 disconnection;
18 ▸ modifies notice requirements related to an amendment to public improvements in a
19 subdivision or development;
20 ▸ removes a prohibition on imposing a land use regulation under certain
21 circumstances;
22 ▸ modifies evidence requirements related to a noncomplying structure or a
23 nonconforming use;
24 ▸ authorizes a municipality or a county to determine if combining lots constitutes a
25 subdivision amendment;
26 ▸ modifies the requirements for preparation of a subdivided plat by a surveyor;
27 ▸ modifies provisions related to determining when a land use decision is illegal;
28 ▸ creates a process to establish an agreed boundary between landowners when a
29 boundary is disputed or uncertain; and
30 ▸ makes technical changes.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 10-2-407, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
38 10-2-501, as last amended by Laws of Utah 2021, Chapters 84 and 345
39 10-9a-212, as enacted by Laws of Utah 2012, Chapter 216
40 10-9a-509, as last amended by Laws of Utah 2021, Chapters 140 and 385
41 10-9a-511, as last amended by Laws of Utah 2018, Chapter 239
42 10-9a-601, as last amended by Laws of Utah 2021, Chapter 385
43 10-9a-603, as last amended by Laws of Utah 2021, Chapters 47, 162, and 345
44 10-9a-608, as last amended by Laws of Utah 2021, Chapter 385
45 10-9a-801, as last amended by Laws of Utah 2021, Chapter 385
46 17-27a-212, as enacted by Laws of Utah 2012, Chapter 216
47 17-27a-508, as last amended by Laws of Utah 2021, Chapters 140 and 385
48 17-27a-510, as last amended by Laws of Utah 2018, Chapter 239
49 17-27a-601, as last amended by Laws of Utah 2021, Chapter 385
50 17-27a-603, as last amended by Laws of Utah 2021, Chapters 47, 162, and 345
51 17-27a-608, as last amended by Laws of Utah 2021, Chapter 385
52 17-27a-801, as last amended by Laws of Utah 2021, Chapter 385
53 57-1-45, as last amended by Laws of Utah 2021, Chapter 385
54
55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 10-2-407 is amended to read:
57 10-2-407. Protest to annexation petition -- Planning advisory area planning
58 commission recommendation -- Petition requirements -- Disposition of petition if no
59 protest filed.
60 (1) A protest to an annexation petition under Section 10-2-403 may only be filed by:
61 (a) the legislative body or governing board of an affected entity;
62 (b) an owner of rural real property;
63 (c) for a proposed annexation of an area within a county of the first class, an owner of
64 private real property that:
65 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
66 annexation;
67 (ii) covers at least 25% of the private land area located in the unincorporated area
68 within 1/2 mile of the area proposed for annexation; and
69 (iii) is equal in value to at least 15% of all real property located in the unincorporated
70 area within 1/2 mile of the area proposed for annexation; or
71 (d) an owner of private real property located in a mining protection area.
72 (2) Each protest under Subsection (1) shall:
73 (a) be filed:
74 (i) no later than 30 days after the municipal legislative body's receipt of the notice of
75 certification under Subsection 10-2-405(2)(c)(i); and
76 (ii) (A) in a county that has already created a commission under Section 10-2-409, with
77 the commission; or
78 (B) in a county that has not yet created a commission under Section 10-2-409, with the
79 clerk of the county in which the area proposed for annexation is located;
80 (b) state each reason for the protest of the annexation petition and, if the area proposed
81 to be annexed is located in a specified county, justification for the protest under the standards
82 established in this chapter;
83 (c) if the area proposed to be annexed is located in a specified county, contain other
84 information that the commission by rule requires or that the party filing the protest considers
85 pertinent; and
86 (d) contain the name and address of a contact person who is to receive notices sent by
87 the commission with respect to the protest proceedings.
88 (3) The party filing a protest under this section shall on the same date deliver or mail a
89 copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
90 (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
91 (a) immediately notify the county legislative body of the protest; and
92 (b) deliver the protest to the boundary commission within five days after:
93 (i) receipt of the protest, if the boundary commission has previously been created; or
94 (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
95 boundary commission has not previously been created.
96 (5) (a) If a protest is filed under this section:
97 (i) the municipal legislative body may, at its next regular meeting after expiration of
98 the deadline under Subsection (2)(a)(i), deny the annexation petition; or
99 (ii) if the municipal legislative body does not deny the annexation petition under
100 Subsection (5)(a)(i), the municipal legislative body may take no further action on the
101 annexation petition until after receipt of the commission's notice of its decision on the protest
102 under Section 10-2-416.
103 (b) If a municipal legislative body denies an annexation petition under Subsection
104 (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
105 the denial in writing to:
106 (i) the contact sponsor of the annexation petition;
107 (ii) the commission; and
108 (iii) each entity that filed a protest.
109 (6) If no timely protest is filed under this section, the municipal legislative body may,
110 subject to Subsection (7), approve the petition.
111 (7) Before approving an annexation petition under Subsection (6), the municipal
112 legislative body shall hold a public hearing and provide notice of the public hearing:
113 (a) (i) at least seven days before the day of the public hearing, by posting one notice,
114 and at least one additional notice per 2,000 population within the municipality and the area
115 proposed for annexation, in places within that combined area that are most likely to give notice
116 to the residents within, and the owners of real property located within, the combined area,
117 subject to a maximum of 10 notices; or
118 (ii) at least 10 days before the day of the public hearing, by mailing the notice to each
119 residence within, and to each owner of real property located within, the combined area
120 described in Subsection (7)(a)(i);
121 (b) by posting notice on the Utah Public Notice Website, created in Section
122 63A-16-601, for seven days before the day of the public hearing; and
123 (c) if the municipality has a website, by posting notice on the municipality's website for
124 seven days before the day of the public hearing.
125 (8) (a) Subject to Subsection (8)(b), only a person or entity that is described in
126 Subsection (1) has standing to challenge an annexation in district court.
127 (b) A person or entity described in Subsection (1) may only bring an action in district
128 court to challenge an annexation if the person or entity has timely filed a protest as described in
129 Subsection (2) and exhausted the administrative remedies described in this section.
130 Section 2. Section 10-2-501 is amended to read:
131 10-2-501. Municipal disconnection -- Definitions -- Request for disconnection --
132 Requirements upon filing request.
133 (1) As used in this part "petitioner" means:
134 (a) one or more persons who:
135 (i) own title to real property within the area proposed for disconnection; and
136 (ii) sign a request for disconnection proposing to disconnect the area proposed for
137 disconnection from the municipality; or
138 (b) the mayor of the municipality within which the area proposed for disconnection is
139 located who signs a request for disconnection proposing to disconnect the area proposed for
140 disconnection from the municipality.
141 (2) (a) A petitioner proposing to disconnect an area within and lying on the borders of a
142 municipality shall file with that municipality's legislative body a request for disconnection.
143 (b) Each request for disconnection shall:
144 (i) contain the names, addresses, and signatures of the owners of more than 50% of any
145 private real property in the area proposed for disconnection;
146 (ii) give the reasons for the proposed disconnection;
147 (iii) include a map or plat of the territory proposed for disconnection; and
148 (iv) designate between one and five persons with authority to act on the petitioner's
149 behalf in the proceedings.
150 (3) Upon filing the request for disconnection, the petitioner shall publish notice of the
151 request:
152 (a) (i) once a week for three consecutive weeks before the public hearing described in
153 Section 10-2-502.5 in a newspaper of general circulation within the municipality; or
154 (ii) if there is no newspaper of general circulation in the municipality, at least three
155 weeks before the day of the public hearing described in Section 10-2-502.5, by posting one
156 notice, and at least one additional notice per 2,000 population of the municipality, in places
157 within the municipality that are most likely to give notice to the residents within, and the
158 owners of real property located within, the municipality, including the residents who live in the
159 area proposed for disconnection; [
160 [
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163 (b) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks
164 before the day of the public hearing described in Section 10-2-502.5;
165 (c) in accordance with the legal notice requirements described in Section 45-1-101, for
166 three weeks before the day of the public hearing described in Section 10-2-502.5;
167 (d) by mailing notice to each:
168 (i) owner of real property located within the area proposed to be disconnected; and
169 (ii) residence within the area proposed to be disconnected;
170 (e) by delivering a copy of the request to the legislative body of the county in which the
171 area proposed for disconnection is located; and
172 (f) if the municipality has a website, on the municipality's website for three weeks
173 before the day of the public hearing.
174 Section 3. Section 10-9a-212 is amended to read:
175 10-9a-212. Notice for an amendment to public improvements in a subdivision or
176 development.
177 [
178 improvements that apply to a subdivision or a development, a municipality shall [
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181 (1) hold a public hearing;
182 (2) mail a notice 30 days or more before the date of the public hearing to:
183 (a) each person who has submitted a land use application for which the land use
184 authority has not issued a land use decision; and
185 (b) each person who makes a written request to receive a copy of the notice; and
186 (3) allow each person who receives a notice in accordance with Subsection (2) to
187 provide public comment in writing before the public hearing or in person during the public
188 hearing.
189 Section 4. Section 10-9a-509 is amended to read:
190 10-9a-509. Applicant's entitlement to land use application approval --
191 Municipality's requirements and limitations -- Vesting upon submission of development
192 plan and schedule.
193 (1) (a) (i) An applicant who has submitted a complete land use application as described
194 in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
195 review of the application under the land use regulations:
196 (A) in effect on the date that the application is complete; and
197 (B) applicable to the application or to the information shown on the application.
198 (ii) An applicant is entitled to approval of a land use application if the application
199 conforms to the requirements of the applicable land use regulations, land use decisions, and
200 development standards in effect when the applicant submits a complete application and pays
201 application fees, unless:
202 (A) the land use authority, on the record, formally finds that a compelling,
203 countervailing public interest would be jeopardized by approving the application and specifies
204 the compelling, countervailing public interest in writing; or
205 (B) in the manner provided by local ordinance and before the applicant submits the
206 application, the municipality formally initiates proceedings to amend the municipality's land
207 use regulations in a manner that would prohibit approval of the application as submitted.
208 (b) The municipality shall process an application without regard to proceedings the
209 municipality initiated to amend the municipality's ordinances as described in Subsection
210 (1)(a)(ii)(B) if:
211 (i) 180 days have passed since the municipality initiated the proceedings; and
212 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
213 application as submitted.
214 (c) A land use application is considered submitted and complete when the applicant
215 provides the application in a form that complies with the requirements of applicable ordinances
216 and pays all applicable fees.
217 (d) A subsequent incorporation of a municipality or a petition that proposes the
218 incorporation of a municipality does not affect a land use application approved by a county in
219 accordance with Section 17-27a-508.
220 (e) The continuing validity of an approval of a land use application is conditioned upon
221 the applicant proceeding after approval to implement the approval with reasonable diligence.
222 (f) A municipality may not impose on an applicant who has submitted a complete
223 application a requirement that is not expressed in:
224 (i) this chapter;
225 (ii) a municipal ordinance; or
226 (iii) a municipal specification for public improvements applicable to a subdivision or
227 development that is in effect on the date that the applicant submits an application.
228 (g) A municipality may not impose on a holder of an issued land use permit or a final,
229 unexpired subdivision plat a requirement that is not expressed:
230 (i) in a land use permit;
231 (ii) on the subdivision plat;
232 (iii) in a document on which the land use permit or subdivision plat is based;
233 (iv) in the written record evidencing approval of the land use permit or subdivision
234 plat;
235 (v) in this chapter; or
236 (vi) in a municipal ordinance.
237 (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
238 of a certificate of occupancy or acceptance of subdivision improvements because of an
239 applicant's failure to comply with a requirement that is not expressed:
240 (i) in the building permit or subdivision plat, documents on which the building permit
241 or subdivision plat is based, or the written record evidencing approval of the land use permit or
242 subdivision plat; or
243 (ii) in this chapter or the municipality's ordinances.
244 (i) A municipality may not unreasonably withhold issuance of a certificate of
245 occupancy where an applicant has met all requirements essential for the public health, public
246 safety, and general welfare of the occupants, in accordance with this chapter, unless:
247 (i) the applicant and the municipality have agreed in a written document to the
248 withholding of a certificate of occupancy; or
249 (ii) the applicant has not provided a financial assurance for required and uncompleted
250 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
251 legislative body adopts under this chapter.
252 (2) A municipality is bound by the terms and standards of applicable land use
253 regulations and shall comply with mandatory provisions of those regulations.
254 (3) A municipality may not, as a condition of land use application approval, require a
255 person filing a land use application to obtain documentation regarding a school district's
256 willingness, capacity, or ability to serve the development proposed in the land use application.
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264 schedule as required in Subsection 10-9a-305(8) that complies with the requirements of that
265 subsection, the specified public agency vests in the municipality's applicable land use maps,
266 zoning map, hookup fees, impact fees, other applicable development fees, and land use
267 regulations in effect on the date of submission.
268 [
269 Subsection 20A-7-601(5), the project's affected owner may rescind the project's land use
270 approval by delivering a written notice:
271 (i) to the local clerk as defined in Section 20A-7-101; and
272 (ii) no later than seven days after the day on which a petition for a referendum is
273 determined sufficient under Subsection 20A-7-607(4).
274 (b) Upon delivery of a written notice described in Subsection [
275 are rescinded and are of no further force or effect:
276 (i) the relevant land use approval; and
277 (ii) any land use regulation enacted specifically in relation to the land use approval.
278 Section 5. Section 10-9a-511 is amended to read:
279 10-9a-511. Nonconforming uses and noncomplying structures.
280 (1) (a) Except as provided in this section, a nonconforming use or noncomplying
281 structure may be continued by the present or a future property owner.
282 (b) A nonconforming use may be extended through the same building, provided no
283 structural alteration of the building is proposed or made for the purpose of the extension.
284 (c) For purposes of this Subsection (1), the addition of a solar energy device to a
285 building is not a structural alteration.
286 (2) The legislative body may provide for:
287 (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
288 substitution of nonconforming uses upon the terms and conditions set forth in the land use
289 ordinance;
290 (b) the termination of all nonconforming uses, except billboards, by providing a
291 formula establishing a reasonable time period during which the owner can recover or amortize
292 the amount of his investment in the nonconforming use, if any; and
293 (c) the termination of a nonconforming use due to its abandonment.
294 (3) (a) A municipality may not prohibit the reconstruction or restoration of a
295 noncomplying structure or terminate the nonconforming use of a structure that is involuntarily
296 destroyed in whole or in part due to fire or other calamity unless the structure or use has been
297 abandoned.
298 (b) A municipality may prohibit the reconstruction or restoration of a noncomplying
299 structure or terminate the nonconforming use of a structure if:
300 (i) the structure is allowed to deteriorate to a condition that the structure is rendered
301 uninhabitable and is not repaired or restored within six months after the day on which written
302 notice is served to the property owner that the structure is uninhabitable and that the
303 noncomplying structure or nonconforming use will be lost if the structure is not repaired or
304 restored within six months; or
305 (ii) the property owner has voluntarily demolished a majority of the noncomplying
306 structure or the building that houses the nonconforming use.
307 (c) (i) Notwithstanding a prohibition in the municipality's zoning ordinance, a
308 municipality may permit a billboard owner to relocate the billboard within the municipality's
309 boundaries to a location that is mutually acceptable to the municipality and the billboard
310 owner.
311 (ii) If the municipality and billboard owner cannot agree to a mutually acceptable
312 location within 180 days after the day on which the owner submits a written request to relocate
313 the billboard, the billboard owner may relocate the billboard in accordance with Subsection
314 10-9a-513(2).
315 (4) (a) Unless the municipality establishes, by ordinance, a uniform presumption of
316 legal existence for nonconforming uses, the property owner shall have the burden of
317 establishing the legal existence of a noncomplying structure or nonconforming use through
318 substantial evidence, which may not be limited to municipal or county records.
319 (b) Any party claiming that a nonconforming use has been abandoned shall have the
320 burden of establishing the abandonment.
321 (c) Abandonment may be presumed to have occurred if:
322 (i) a majority of the primary structure associated with the nonconforming use has been
323 voluntarily demolished without prior written agreement with the municipality regarding an
324 extension of the nonconforming use;
325 (ii) the use has been discontinued for a minimum of one year; or
326 (iii) the primary structure associated with the nonconforming use remains vacant for a
327 period of one year.
328 (d) The property owner may rebut the presumption of abandonment under Subsection
329 (4)(c), and has the burden of establishing that any claimed abandonment under Subsection
330 (4)(b) has not occurred.
331 (5) A municipality may terminate the nonconforming status of a school district or
332 charter school use or structure when the property associated with the school district or charter
333 school use or structure ceases to be used for school district or charter school purposes for a
334 period established by ordinance.
335 Section 6. Section 10-9a-601 is amended to read:
336 10-9a-601. Enactment of subdivision ordinance.
337 (1) The legislative body of a municipality may enact ordinances requiring that a
338 subdivision plat comply with the provisions of the municipality's ordinances and this part
339 before:
340 (a) the subdivision plat may be filed and recorded in the county recorder's office; and
341 (b) lots may be sold.
342 (2) If the legislative body fails to enact a subdivision ordinance, the municipality may
343 regulate subdivisions only to the extent provided in this part.
344 (3) [
345 not constitute a subdivision as to the parcel or subject the parcel to the municipality's
346 subdivision ordinance.
347 (4) A legislative body may adopt a land use regulation that specifies that combining
348 lots is a subdivision amendment.
349 Section 7. Section 10-9a-603 is amended to read:
350 10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
351 acknowledgment, surveyor certification, and underground utility facility owner
352 verification of plat -- Recording plat.
353 (1) As used in this section:
354 (a) (i) "Facility owner" means the same as that term is defined in Section 73-1-15.5.
355 (ii) "Facility owner" includes a canal owner or associated canal operator contact
356 described in:
357 (A) Section 10-9a-211;
358 (B) Subsection 73-5-7(3); or
359 (C) Subsection (6)(c).
360 (b) "Local health department" means the same as that term is defined in Section
361 26A-1-102.
362 (c) "State engineer's inventory of canals" means the state engineer's inventory of water
363 conveyance systems established in Section 73-5-7.
364 (d) "Underground facility" means the same as that term is defined in Section 54-8a-2.
365 (e) "Water conveyance facility" means the same as that term is defined in Section
366 73-1-15.5.
367 (2) Unless exempt under Section 10-9a-605 or excluded from the definition of
368 subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
369 the land shall provide to the municipality in which the land is located an accurate plat that
370 describes or specifies:
371 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
372 the county recorder's office;
373 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
374 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
375 intended to be used as a street or for any other public use, and whether any such area is
376 reserved or proposed for dedication for a public purpose;
377 (c) the lot or unit reference, block or building reference, street or site address, street
378 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
379 and width of the blocks and lots intended for sale;
380 (d) every existing right-of-way and recorded easement located within the plat for:
381 (i) an underground facility;
382 (ii) a water conveyance facility; or
383 (iii) any other utility facility; and
384 (e) any water conveyance facility located, entirely or partially, within the plat that:
385 (i) is not recorded; and
386 (ii) of which the owner of the land has actual or constructive knowledge, including
387 from information made available to the owner of the land:
388 (A) in the state engineer's inventory of canals; or
389 (B) from a surveyor under Subsection (6)(c).
390 (3) (a) Subject to Subsections (4), (6), and (7), if the plat conforms to the municipality's
391 ordinances and this part and has been approved by the culinary water authority, the sanitary
392 sewer authority, and the local health department, if the local health department and the
393 municipality consider the local health department's approval necessary, the municipality shall
394 approve the plat.
395 (b) Municipalities are encouraged to receive a recommendation from the fire authority
396 and the public safety answering point before approving a plat.
397 (c) A municipality may not require that a plat be approved or signed by a person or
398 entity who:
399 (i) is not an employee or agent of the municipality; or
400 (ii) does not:
401 (A) have a legal or equitable interest in the property within the proposed subdivision;
402 (B) provide a utility or other service directly to a lot within the subdivision;
403 (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
404 for the purpose of confirming the accuracy of the location of the easement or right-of-way in
405 relation to the plat; or
406 (D) provide culinary public water service whose source protection zone designated as
407 provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
408 (d) A municipality shall:
409 (i) within 20 days after the day on which an owner of land submits to the municipality
410 a complete subdivision plat land use application, mail written notice of the proposed
411 subdivision to the facility owner of any water conveyance facility located, entirely or partially,
412 within 100 feet of the subdivision plat, as determined using information made available to the
413 municipality:
414 (A) from the facility owner under Section 10-9a-211, using mapping-grade global
415 positioning satellite units or digitized data from the most recent aerial photo available to the
416 facility owner;
417 (B) in the state engineer's inventory of canals; or
418 (C) from a surveyor under Subsection (6)(c); and
419 (ii) not approve the subdivision plat for at least 20 days after the day on which the
420 municipality mails to each facility owner the notice described in Subsection (3)(d)(i), in order
421 to receive any comments from each facility owner regarding:
422 (A) access to the water conveyance facility;
423 (B) maintenance of the water conveyance facility;
424 (C) protection of the water conveyance facility;
425 (D) safety of the water conveyance facility; or
426 (E) any other issue related to water conveyance facility operations.
427 (e) When applicable, the owner of the land seeking subdivision plat approval shall
428 comply with Section 73-1-15.5.
429 (f) A facility owner's failure to provide comments to a municipality in accordance with
430 Subsection (3)(d)(ii) does not affect or impair the municipality's authority to approve the
431 subdivision plat.
432 (4) The municipality may withhold an otherwise valid plat approval until the owner of
433 the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
434 penalties owing on the land have been paid.
435 (5) (a) Within 30 days after approving a final plat under this section, a municipality
436 shall submit to the Utah Geospatial Resource Center, created in Section 63A-16-505, for
437 inclusion in the unified statewide 911 emergency service database described in Subsection
438 63H-7a-304(4)(b):
439 (i) an electronic copy of the approved final plat; or
440 (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
441 for construction within the bounds of the approved plat.
442 (b) If requested by the Utah Geospatial Resource Center, a municipality that approves a
443 final plat under this section shall:
444 (i) coordinate with the Utah Geospatial Resource Center to validate the information
445 described in Subsection (5)(a); and
446 (ii) assist the Utah Geospatial Resource Center in creating electronic files that contain
447 the information described in Subsection (5)(a) for inclusion in the unified statewide 911
448 emergency service database.
449 (6) (a) A county recorder may not record a plat unless:
450 (i) prior to recordation, the municipality has approved and signed the plat;
451 (ii) each owner of record of land described on the plat has signed the owner's
452 dedication as shown on the plat; and
453 (iii) the signature of each owner described in Subsection (6)(a)(ii) is acknowledged as
454 provided by law.
455 (b) [
456 surveyor:
457 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
458 Professional Land Surveyors Licensing Act;
459 (ii) (A) has completed a survey of the property described on the plat in accordance with
460 Section 17-23-17 and has verified all measurements; [
461 (B) has referenced a record of survey map of the existing property boundaries shown
462 on the plat and verified the locations of the boundaries; and
463 (iii) has placed monuments as represented on the plat.
464 (c) (i) To the extent possible, the surveyor shall consult with the owner or operator, or a
465 representative designated by the owner or operator, of an existing water conveyance facility
466 located within the proposed subdivision, or an existing or proposed underground facility or
467 utility facility located within the proposed subdivision, to verify the accuracy of the surveyor's
468 depiction of the:
469 (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
470 public or private easement, or grants of record;
471 (B) location of the existing water conveyance facility, or the existing or proposed
472 underground facility or utility facility; and
473 (C) physical restrictions governing the location of the existing or proposed
474 underground facility or utility facility.
475 (ii) The cooperation of an owner or operator of a water conveyance facility,
476 underground facility, or utility facility under Subsection (6)(c)(i):
477 (A) indicates only that the plat approximates the location of the existing facilities but
478 does not warrant or verify their precise location; and
479 (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
480 Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
481 applicable to prescriptive rights, or any other provision of law.
482 (7) (a) Except as provided in Subsection (6)(c), after the plat has been acknowledged,
483 certified, and approved, the owner of the land seeking to record the plat shall, within the time
484 period and manner designated by ordinance, record the plat in the county recorder's office in
485 the county in which the lands platted and laid out are situated.
486 (b) A failure to record a plat within the time period designated by ordinance renders the
487 plat voidable by the municipality.
488 (8) A municipality acting as a land use authority shall approve a condominium plat that
489 complies with the requirements of Section 57-8-13 unless the condominium plat violates a land
490 use regulation of the municipality.
491 Section 8. Section 10-9a-608 is amended to read:
492 10-9a-608. Subdivision amendments.
493 (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
494 subdivision that has been laid out and platted as provided in this part may file a written petition
495 with the land use authority to request a subdivision amendment.
496 (b) Upon filing a written petition to request a subdivision amendment under Subsection
497 (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
498 accordance with Section 10-9a-603 that:
499 (i) depicts only the portion of the subdivision that is proposed to be amended;
500 (ii) includes a plat name distinguishing the amended plat from the original plat;
501 (iii) describes the differences between the amended plat and the original plat; and
502 (iv) includes references to the original plat.
503 (c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
504 notice of the petition by mail, email, or other effective means to each affected entity that
505 provides a service to an owner of record of the portion of the plat that is being vacated or
506 amended at least 10 calendar days before the land use authority may approve the petition for a
507 subdivision amendment.
508 (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
509 public hearing within 45 days after the day on which the petition is filed if:
510 (i) any owner within the plat notifies the municipality of the owner's objection in
511 writing within 10 days of mailed notification; or
512 (ii) a public hearing is required because all of the owners in the subdivision have not
513 signed the revised plat.
514 (e) A land use authority may not approve a petition for a subdivision amendment under
515 this section unless the amendment identifies and preserves any easements owned by a culinary
516 water authority and sanitary sewer authority for existing facilities located within the
517 subdivision.
518 (2) The public hearing requirement of Subsection (1)(d) does not apply and a land use
519 authority may consider at a public meeting an owner's petition for a subdivision amendment if:
520 (a) the petition seeks to:
521 (i) join two or more of the petitioner fee owner's contiguous lots;
522 (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
523 result in a violation of a land use ordinance or a development condition;
524 (iii) adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the
525 fee owners of each of the adjoining properties join in the petition, regardless of whether the
526 properties are located in the same subdivision;
527 (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
528 imposed by the local political subdivision; or
529 (v) alter the plat in a manner that does not change existing boundaries or other
530 attributes of lots within the subdivision that are not:
531 (A) owned by the petitioner; or
532 (B) designated as a common area; and
533 (b) notice has been given to adjoining property owners in accordance with any
534 applicable local ordinance.
535 (3) A petition under Subsection (1)(a) that contains a request to amend a public street or
536 municipal utility easement is also subject to Section 10-9a-609.5.
537 (4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
538 a portion of a plat shall include:
539 (a) the name and address of each owner of record of the land contained in the entire
540 plat or on that portion of the plat described in the petition; and
541 (b) the signature of each owner described in Subsection (4)(a) who consents to the
542 petition.
543 (5) (a) The owners of record of adjoining properties where one or more of the
544 properties is a lot may exchange title to portions of those parcels if the exchange of title is
545 approved by the land use authority in accordance with Subsection (5)(b).
546 (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
547 the exchange of title will not result in a violation of any land use ordinance.
548 (c) If an exchange of title is approved under Subsection (5)(b):
549 (i) a notice of approval shall be recorded in the office of the county recorder which:
550 (A) is executed by each owner included in the exchange and by the land use authority;
551 (B) contains an acknowledgment for each party executing the notice in accordance with
552 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
553 (C) recites the legal descriptions of both the original properties and the properties
554 resulting from the exchange of title; and
555 (ii) a document of conveyance shall be recorded in the office of the county recorder
556 with an amended plat.
557 (d) A notice of approval recorded under this Subsection (5) does not act as a
558 conveyance of title to real property and is not required in order to record a document conveying
559 title to real property.
560 (6) (a) The name of a recorded subdivision may be changed by recording an amended
561 plat making that change, as provided in this section and subject to Subsection (6)(c).
562 (b) The surveyor preparing the amended plat shall certify that the surveyor:
563 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
564 Professional Land Surveyors Licensing Act;
565 (ii) (A) has completed a survey of the property described on the plat in accordance with
566 Section 17-23-17 and has verified all measurements; [
567 (B) has referenced a record of survey map of the existing property boundaries shown
568 on the plat and verified the locations of the boundaries; and
569 (iii) has placed monuments as represented on the plat.
570 (c) An owner of land may not submit for recording an amended plat that gives the
571 subdivision described in the amended plat the same name as a subdivision in a plat already
572 recorded in the county recorder's office.
573 (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
574 document that purports to change the name of a recorded plat is void.
575 Section 9. Section 10-9a-801 is amended to read:
576 10-9a-801. No district court review until administrative remedies exhausted --
577 Time for filing -- Tolling of time -- Standards governing court review -- Record on review
578 -- Staying of decision.
579 (1) No person may challenge in district court a land use decision until that person has
580 exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
581 Variances, if applicable.
582 (2) (a) Subject to Subsection (1), a land use applicant or adversely affected party may
583 file a petition for review of a land use decision with the district court within 30 days after the
584 decision is final.
585 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
586 property owner files a request for arbitration of a constitutional taking issue with the property
587 rights ombudsman under Section 13-43-204 until 30 days after:
588 (A) the arbitrator issues a final award; or
589 (B) the property rights ombudsman issues a written statement under Subsection
590 13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
591 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
592 taking issue that is the subject of the request for arbitration filed with the property rights
593 ombudsman by a property owner.
594 (iii) A request for arbitration filed with the property rights ombudsman after the time
595 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
596 (3) (a) A court shall:
597 (i) presume that a land use regulation properly enacted under the authority of this
598 chapter is valid; and
599 (ii) determine only whether:
600 (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
601 or federal law; and
602 (B) it is reasonably debatable that the land use regulation is consistent with this
603 chapter.
604 (b) A court shall[
605 an appeal authority is valid[
606 is:
607 [
608 [
609 (c) (i) A land use decision is arbitrary and capricious if the land use decision is not
610 supported by substantial evidence in the record.
611 (ii) A land use decision is illegal if the land use decision [
612 (A) is based on an incorrect interpretation of a land use regulation; [
613 (B) exceeds the authority granted by this title; or
614 [
615 (d) (i) A court may affirm or reverse a land use decision.
616 (ii) If the court reverses a land use decision, the court shall remand the matter to the
617 land use authority with instructions to issue a land use decision consistent with the court's
618 ruling.
619 (4) The provisions of Subsection (2)(a) apply from the date on which the municipality
620 takes final action on a land use application, if the municipality conformed with the notice
621 provisions of Part 2, Notice, or for any person who had actual notice of the pending land use
622 decision.
623 (5) If the municipality has complied with Section 10-9a-205, a challenge to the
624 enactment of a land use regulation or general plan may not be filed with the district court more
625 than 30 days after the enactment.
626 (6) A challenge to a land use decision is barred unless the challenge is filed within 30
627 days after the land use decision is final.
628 (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
629 the reviewing court the record of the proceedings of the land use authority or appeal authority,
630 including the minutes, findings, orders, and, if available, a true and correct transcript of the
631 proceedings.
632 (b) If the proceeding was recorded, a transcript of that recording is a true and correct
633 transcript for purposes of this Subsection (7).
634 (8) (a) (i) If there is a record, the district court's review is limited to the record provided
635 by the land use authority or appeal authority, as the case may be.
636 (ii) The court may not accept or consider any evidence outside the record of the land
637 use authority or appeal authority, as the case may be, unless that evidence was offered to the
638 land use authority or appeal authority, respectively, and the court determines that the evidence
639 was improperly excluded.
640 (b) If there is no record, the court may call witnesses and take evidence.
641 (9) (a) The filing of a petition does not stay the land use decision of the land use
642 authority or appeal authority, as the case may be.
643 (b) (i) Before filing a petition under this section or a request for mediation or
644 arbitration of a constitutional taking issue under Section 13-43-204, a land use applicant may
645 petition the appeal authority to stay the appeal authority's land use decision.
646 (ii) Upon receipt of a petition to stay, the appeal authority may order the appeal
647 authority's land use decision stayed pending district court review if the appeal authority finds
648 the order to be in the best interest of the municipality.
649 (iii) After a petition is filed under this section or a request for mediation or arbitration
650 of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
651 injunction staying the appeal authority's land use decision.
652 (10) If the court determines that a party initiated or pursued a challenge to a land use
653 decision on a land use application in bad faith, the court may award attorney fees.
654 Section 10. Section 17-27a-212 is amended to read:
655 17-27a-212. Notice for an amendment to public improvements in a subdivision or
656 development.
657 [
658 improvements that apply to a subdivision or a development, a county shall [
659
660
661 (1) hold a public hearing;
662 (2) mail a notice 30 days or more before the date of the public hearing to:
663 (a) each person who has submitted a land use application for which the land use
664 authority has not issued a land use decision; and
665 (b) each person who makes a written request to receive a copy of the notice; and
666 (3) allow each person who receives a notice in accordance with Subsection (2) to
667 provide public comment in writing before the public hearing or in person during the public
668 hearing.
669 Section 11. Section 17-27a-508 is amended to read:
670 17-27a-508. Applicant's entitlement to land use application approval --
671 Application relating to land in a high priority transportation corridor -- County's
672 requirements and limitations -- Vesting upon submission of development plan and
673 schedule.
674 (1) (a) (i) An applicant who has submitted a complete land use application, including
675 the payment of all application fees, is entitled to substantive review of the application under the
676 land use regulations:
677 (A) in effect on the date that the application is complete; and
678 (B) applicable to the application or to the information shown on the submitted
679 application.
680 (ii) An applicant is entitled to approval of a land use application if the application
681 conforms to the requirements of the applicable land use regulations, land use decisions, and
682 development standards in effect when the applicant submits a complete application and pays all
683 application fees, unless:
684 (A) the land use authority, on the record, formally finds that a compelling,
685 countervailing public interest would be jeopardized by approving the application and specifies
686 the compelling, countervailing public interest in writing; or
687 (B) in the manner provided by local ordinance and before the applicant submits the
688 application, the county formally initiates proceedings to amend the county's land use
689 regulations in a manner that would prohibit approval of the application as submitted.
690 (b) The county shall process an application without regard to proceedings the county
691 initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
692 (i) 180 days have passed since the county initiated the proceedings; and
693 (ii) the proceedings have not resulted in an enactment that prohibits approval of the
694 application as submitted.
695 (c) A land use application is considered submitted and complete when the applicant
696 provides the application in a form that complies with the requirements of applicable ordinances
697 and pays all applicable fees.
698 (d) The continuing validity of an approval of a land use application is conditioned upon
699 the applicant proceeding after approval to implement the approval with reasonable diligence.
700 (e) A county may not impose on an applicant who has submitted a complete
701 application a requirement that is not expressed:
702 (i) in this chapter;
703 (ii) in a county ordinance; or
704 (iii) in a county specification for public improvements applicable to a subdivision or
705 development that is in effect on the date that the applicant submits an application.
706 (f) A county may not impose on a holder of an issued land use permit or a final,
707 unexpired subdivision plat a requirement that is not expressed:
708 (i) in a land use permit;
709 (ii) on the subdivision plat;
710 (iii) in a document on which the land use permit or subdivision plat is based;
711 (iv) in the written record evidencing approval of the land use permit or subdivision
712 plat;
713 (v) in this chapter; or
714 (vi) in a county ordinance.
715 (g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a
716 certificate of occupancy or acceptance of subdivision improvements because of an applicant's
717 failure to comply with a requirement that is not expressed:
718 (i) in the building permit or subdivision plat, documents on which the building permit
719 or subdivision plat is based, or the written record evidencing approval of the building permit or
720 subdivision plat; or
721 (ii) in this chapter or the county's ordinances.
722 (h) A county may not unreasonably withhold issuance of a certificate of occupancy
723 where an applicant has met all requirements essential for the public health, public safety, and
724 general welfare of the occupants, in accordance with this chapter, unless:
725 (i) the applicant and the county have agreed in a written document to the withholding
726 of a certificate of occupancy; or
727 (ii) the applicant has not provided a financial assurance for required and uncompleted
728 landscaping or infrastructure improvements in accordance with an applicable ordinance that the
729 legislative body adopts under this chapter.
730 (2) A county is bound by the terms and standards of applicable land use regulations and
731 shall comply with mandatory provisions of those regulations.
732 (3) A county may not, as a condition of land use application approval, require a person
733 filing a land use application to obtain documentation regarding a school district's willingness,
734 capacity, or ability to serve the development proposed in the land use application.
735 [
736
737
738
739 [
740
741 [
742 schedule as required in Subsection 17-27a-305(8) that complies with the requirements of that
743 subsection, the specified public agency vests in the county's applicable land use maps, zoning
744 map, hookup fees, impact fees, other applicable development fees, and land use regulations in
745 effect on the date of submission.
746 [
747 Subsection 20A-7-601(5), the project's affected owner may rescind the project's land use
748 approval by delivering a written notice:
749 (i) to the local clerk as defined in Section 20A-7-101; and
750 (ii) no later than seven days after the day on which a petition for a referendum is
751 determined sufficient under Subsection 20A-7-607(4).
752 (b) Upon delivery of a written notice described in Subsection [
753 are rescinded and are of no further force or effect:
754 (i) the relevant land use approval; and
755 (ii) any land use regulation enacted specifically in relation to the land use approval.
756 Section 12. Section 17-27a-510 is amended to read:
757 17-27a-510. Nonconforming uses and noncomplying structures.
758 (1) (a) Except as provided in this section, a nonconforming use or a noncomplying
759 structure may be continued by the present or a future property owner.
760 (b) A nonconforming use may be extended through the same building, provided no
761 structural alteration of the building is proposed or made for the purpose of the extension.
762 (c) For purposes of this Subsection (1), the addition of a solar energy device to a
763 building is not a structural alteration.
764 (2) The legislative body may provide for:
765 (a) the establishment, restoration, reconstruction, extension, alteration, expansion, or
766 substitution of nonconforming uses upon the terms and conditions set forth in the land use
767 ordinance;
768 (b) the termination of all nonconforming uses, except billboards, by providing a
769 formula establishing a reasonable time period during which the owner can recover or amortize
770 the amount of his investment in the nonconforming use, if any; and
771 (c) the termination of a nonconforming use due to its abandonment.
772 (3) (a) A county may not prohibit the reconstruction or restoration of a noncomplying
773 structure or terminate the nonconforming use of a structure that is involuntarily destroyed in
774 whole or in part due to fire or other calamity unless the structure or use has been abandoned.
775 (b) A county may prohibit the reconstruction or restoration of a noncomplying structure
776 or terminate the nonconforming use of a structure if:
777 (i) the structure is allowed to deteriorate to a condition that the structure is rendered
778 uninhabitable and is not repaired or restored within six months after the day on which written
779 notice is served to the property owner that the structure is uninhabitable and that the
780 noncomplying structure or nonconforming use will be lost if the structure is not repaired or
781 restored within six months; or
782 (ii) the property owner has voluntarily demolished a majority of the noncomplying
783 structure or the building that houses the nonconforming use.
784 (c) (i) Notwithstanding a prohibition in the county's zoning ordinance, a county may
785 permit a billboard owner to relocate the billboard within the county's unincorporated area to a
786 location that is mutually acceptable to the county and the billboard owner.
787 (ii) If the county and billboard owner cannot agree to a mutually acceptable location
788 within 180 days after the day on which the owner submits a written request to relocate the
789 billboard, the billboard owner may relocate the billboard in accordance with Subsection
790 17-27a-512(2).
791 (4) (a) Unless the county establishes, by ordinance, a uniform presumption of legal
792 existence for nonconforming uses, the property owner shall have the burden of establishing the
793 legal existence of a noncomplying structure or nonconforming use through substantial
794 evidence, which may not be limited to municipal or county records.
795 (b) Any party claiming that a nonconforming use has been abandoned shall have the
796 burden of establishing the abandonment.
797 (c) Abandonment may be presumed to have occurred if:
798 (i) a majority of the primary structure associated with the nonconforming use has been
799 voluntarily demolished without prior written agreement with the county regarding an extension
800 of the nonconforming use;
801 (ii) the use has been discontinued for a minimum of one year; or
802 (iii) the primary structure associated with the nonconforming use remains vacant for a
803 period of one year.
804 (d) The property owner may rebut the presumption of abandonment under Subsection
805 (4)(c), and has the burden of establishing that any claimed abandonment under Subsection
806 (4)(c) has not occurred.
807 (5) A county may terminate the nonconforming status of a school district or charter
808 school use or structure when the property associated with the school district or charter school
809 use or structure ceases to be used for school district or charter school purposes for a period
810 established by ordinance.
811 Section 13. Section 17-27a-601 is amended to read:
812 17-27a-601. Enactment of subdivision ordinance.
813 (1) The legislative body of a county may enact ordinances requiring that a subdivision
814 plat comply with the provisions of the county's ordinances and this part before:
815 (a) the subdivision plat may be filed and recorded in the county recorder's office; and
816 (b) lots may be sold.
817 (2) If the legislative body fails to enact a subdivision ordinance, the county may
818 regulate subdivisions only as provided in this part.
819 (3) [
820 not constitute a subdivision as to the parcel or subject the parcel to the county's subdivision
821 ordinance.
822 (4) A legislative body may adopt a land use regulation that specifies that combining
823 lots is a subdivision amendment.
824 Section 14. Section 17-27a-603 is amended to read:
825 17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
826 acknowledgment, surveyor certification, and verification of plat -- Recording plat.
827 (1) As used in this section:
828 (a) (i) "Facility owner" means the same as that term is defined in Section 73-1-15.5.
829 (ii) "Facility owner" includes a canal owner or associated canal operator contact
830 described in:
831 (A) Section 17-27a-211;
832 (B) Subsection 73-5-7(3); or
833 (C) Subsection (6)(c).
834 (b) "Local health department" means the same as that term is defined in Section
835 26A-1-102.
836 (c) "State engineer's inventory of canals" means the state engineer's inventory of water
837 conveyance systems established in Section 73-5-7.
838 (d) "Underground facility" means the same as that term is defined in Section 54-8a-2.
839 (e) "Water conveyance facility" means the same as that term is defined in Section
840 73-1-15.5.
841 (2) Unless exempt under Section 17-27a-605 or excluded from the definition of
842 subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
843 the land shall provide to the county in which the land is located an accurate plat that describes
844 or specifies:
845 (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
846 the county recorder's office;
847 (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
848 their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
849 intended to be used as a street or for any other public use, and whether any such area is
850 reserved or proposed for dedication for a public purpose;
851 (c) the lot or unit reference, block or building reference, street or site address, street
852 name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
853 and width of the blocks and lots intended for sale;
854 (d) every existing right-of-way and recorded easement located within the plat for:
855 (i) an underground facility;
856 (ii) a water conveyance facility; or
857 (iii) any other utility facility; and
858 (e) any water conveyance facility located, entirely or partially, within the plat that:
859 (i) is not recorded; and
860 (ii) of which the owner of the land has actual or constructive knowledge, including
861 from information made available to the owner of the land:
862 (A) in the state engineer's inventory of canals; or
863 (B) from a surveyor under Subsection (6)(c).
864 (3) (a) Subject to Subsections (4), (6), and (7), if the plat conforms to the county's
865 ordinances and this part and has been approved by the culinary water authority, the sanitary
866 sewer authority, and the local health department, if the local health department and the county
867 consider the local health department's approval necessary, the county shall approve the plat.
868 (b) Counties are encouraged to receive a recommendation from the fire authority and
869 the public safety answering point before approving a plat.
870 (c) A county may not require that a plat be approved or signed by a person or entity
871 who:
872 (i) is not an employee or agent of the county; or
873 (ii) does not:
874 (A) have a legal or equitable interest in the property within the proposed subdivision;
875 (B) provide a utility or other service directly to a lot within the subdivision;
876 (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
877 for the purpose of confirming the accuracy of the location of the easement or right-of-way in
878 relation to the plat; or
879 (D) provide culinary public water service whose source protection zone designated as
880 provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision.
881 (d) A county shall:
882 (i) within 20 days after the day on which an owner of land submits to the county a
883 complete subdivision plat land use application, mail written notice of the proposed subdivision
884 to the facility owner of any water conveyance facility located, entirely or partially, within 100
885 feet of the subdivision plat, as determined using information made available to the county:
886 (A) from the facility owner under Section 10-9a-211, using mapping-grade global
887 positioning satellite units or digitized data from the most recent aerial photo available to the
888 facility owner;
889 (B) in the state engineer's inventory of canals; or
890 (C) from a surveyor under Subsection (6)(c); and
891 (ii) not approve the subdivision plat for at least 20 days after the day on which the
892 county mails to each facility owner the notice under Subsection (3)(d)(i) in order to receive any
893 comments from each facility owner regarding:
894 (A) access to the water conveyance facility;
895 (B) maintenance of the water conveyance facility;
896 (C) protection of the water conveyance facility integrity;
897 (D) safety of the water conveyance facility; or
898 (E) any other issue related to water conveyance facility operations.
899 (e) When applicable, the owner of the land seeking subdivision plat approval shall
900 comply with Section 73-1-15.5.
901 (f) A facility owner's failure to provide comments to a county in accordance with
902 Subsection (3)(d)(ii) does not affect or impair the county's authority to approve the subdivision
903 plat.
904 (4) The county may withhold an otherwise valid plat approval until the owner of the
905 land provides the legislative body with a tax clearance indicating that all taxes, interest, and
906 penalties owing on the land have been paid.
907 (5) (a) Within 30 days after approving a final plat under this section, a county shall
908 submit to the Utah Geospatial Resource Center, created in Section 63A-16-505, for inclusion in
909 the unified statewide 911 emergency service database described in Subsection
910 63H-7a-304(4)(b):
911 (i) an electronic copy of the approved final plat; or
912 (ii) preliminary geospatial data that depict any new streets and situs addresses proposed
913 for construction within the bounds of the approved plat.
914 (b) If requested by the Utah Geospatial Resource Center, a county that approves a final
915 plat under this section shall:
916 (i) coordinate with the Utah Geospatial Resource Center to validate the information
917 described in Subsection (5)(a); and
918 (ii) assist the Utah Geospatial Resource Center in creating electronic files that contain
919 the information described in Subsection (5)(a) for inclusion in the unified statewide 911
920 emergency service database.
921 (6) (a) A county recorder may not record a plat unless, subject to Subsection
922 17-27a-604(1):
923 (i) prior to recordation, the county has approved and signed the plat;
924 (ii) each owner of record of land described on the plat has signed the owner's
925 dedication as shown on the plat; and
926 (iii) the signature of each owner described in Subsection (6)(a)(ii) is acknowledged as
927 provided by law.
928 (b) [
929 surveyor:
930 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
931 Professional Land Surveyors Licensing Act;
932 (ii) (A) has completed a survey of the property described on the plat in accordance with
933 Section 17-23-17 and has verified all measurements; [
934 (B) has referenced a record of survey map of the existing property boundaries shown
935 on the plat and verified the locations of the boundaries; and
936 (iii) has placed monuments as represented on the plat.
937 (c) (i) To the extent possible, the surveyor shall consult with the owner or operator, or a
938 representative designated by the owner or operator, of an existing water conveyance facility
939 located within the proposed subdivision, or an existing or proposed underground facility or
940 utility facility located within the proposed subdivision, to verify the accuracy of the surveyor's
941 depiction of the:
942 (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
943 public or private easement, or grants of record;
944 (B) location of the existing water conveyance facility, or the existing or proposed
945 underground facility or utility facility; and
946 (C) physical restrictions governing the location of the existing or proposed
947 underground facility or utility facility.
948 (ii) The cooperation of an owner or operator of a water conveyance facility,
949 underground facility, or utility facility under Subsection (6)(c)(i):
950 (A) indicates only that the plat approximates the location of the existing facilities but
951 does not warrant or verify their precise location; and
952 (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a,
953 Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law
954 applicable to prescriptive rights, or any other provision of law.
955 (7) (a) Except as provided in Subsection (6)(c), after the plat has been acknowledged,
956 certified, and approved, the owner of the land seeking to record the plat shall, within the time
957 period and manner designated by ordinance, record the plat in the county recorder's office in
958 the county in which the lands platted and laid out are situated.
959 (b) A failure to record a plat within the time period designated by ordinance renders the
960 plat voidable by the county.
961 (8) A county acting as a land use authority shall approve a condominium plat that
962 complies with the requirements of Section 57-8-13 unless the condominium plat violates a land
963 use regulation of the county.
964 Section 15. Section 17-27a-608 is amended to read:
965 17-27a-608. Subdivision amendments.
966 (1) (a) A fee owner of a lot, as shown on the last county assessment roll, in a plat that
967 has been laid out and platted as provided in this part may file a written petition with the land
968 use authority to request a subdivision amendment.
969 (b) Upon filing a written petition to request a subdivision amendment under Subsection
970 (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
971 accordance with Section 17-27a-603 that:
972 (i) depicts only the portion of the subdivision that is proposed to be amended;
973 (ii) includes a plat name distinguishing the amended plat from the original plat;
974 (iii) describes the differences between the amended plat and the original plat; and
975 (iv) includes references to the original plat.
976 (c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
977 notice of the petition by mail, email, or other effective means to each affected entity that
978 provides a service to an owner of record of the portion of the plat that is being amended at least
979 10 calendar days before the land use authority may approve the petition for a subdivision
980 amendment.
981 (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
982 public hearing within 45 days after the day on which the petition is filed if:
983 (i) any owner within the plat notifies the county of the owner's objection in writing
984 within 10 days of mailed notification; or
985 (ii) a public hearing is required because all of the owners in the subdivision have not
986 signed the revised plat.
987 (e) A land use authority may not approve a petition for a subdivision amendment under
988 this section unless the amendment identifies and preserves any easements owned by a culinary
989 water authority and sanitary sewer authority for existing facilities located within the
990 subdivision.
991 (2) The public hearing requirement of Subsection (1)(d) does not apply and a land use
992 authority may consider at a public meeting an owner's petition for a subdivision amendment if:
993 (a) the petition seeks to:
994 (i) join two or more of the petitioning fee owner's contiguous lots;
995 (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
996 result in a violation of a land use ordinance or a development condition;
997 (iii) adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the
998 fee owners of each of the adjoining properties join the petition, regardless of whether the
999 properties are located in the same subdivision;
1000 (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
1001 imposed by the local political subdivision; or
1002 (v) alter the plat in a manner that does not change existing boundaries or other
1003 attributes of lots within the subdivision that are not:
1004 (A) owned by the petitioner; or
1005 (B) designated as a common area; and
1006 (b) notice has been given to adjoining property owners in accordance with any
1007 applicable local ordinance.
1008 (3) A petition under Subsection (1)(a) that contains a request to amend a public street or
1009 county utility easement is also subject to Section 17-27a-609.5.
1010 (4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
1011 a portion of a plat shall include:
1012 (a) the name and address of each owner of record of the land contained in:
1013 (i) the entire plat; or
1014 (ii) that portion of the plan described in the petition; and
1015 (b) the signature of each owner who consents to the petition.
1016 (5) (a) The owners of record of adjoining properties where one or more of the
1017 properties is a lot may exchange title to portions of those properties if the exchange of title is
1018 approved by the land use authority in accordance with Subsection (5)(b).
1019 (b) The land use authority shall approve an exchange of title under Subsection (5)(a) if
1020 the exchange of title will not result in a violation of any land use ordinance.
1021 (c) If an exchange of title is approved under Subsection (5)(b):
1022 (i) a notice of approval shall be recorded in the office of the county recorder which:
1023 (A) is executed by each owner included in the exchange and by the land use authority;
1024 (B) contains an acknowledgment for each party executing the notice in accordance with
1025 the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
1026 (C) recites the legal descriptions of both the properties and the properties resulting
1027 from the exchange of title; and
1028 (ii) a document of conveyance of title reflecting the approved change shall be recorded
1029 in the office of the county recorder with an amended plat.
1030 (d) A notice of approval recorded under this Subsection (5) does not act as a
1031 conveyance of title to real property and is not required to record a document conveying title to
1032 real property.
1033 (6) (a) The name of a recorded subdivision may be changed by recording an amended
1034 plat making that change, as provided in this section and subject to Subsection (6)(c).
1035 (b) The surveyor preparing the amended plat shall certify that the surveyor:
1036 (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
1037 Professional Land Surveyors Licensing Act;
1038 (ii) (A) has completed a survey of the property described on the plat in accordance with
1039 Section 17-23-17 and has verified all measurements; [
1040 (B) has referenced a record of survey map of the existing property boundaries shown
1041 on the plat and verified the locations of the boundaries; and
1042 (iii) has placed monuments as represented on the plat.
1043 (c) An owner of land may not submit for recording an amended plat that gives the
1044 subdivision described in the amended plat the same name as a subdivision recorded in the
1045 county recorder's office.
1046 (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
1047 document that purports to change the name of a recorded plat is void.
1048 Section 16. Section 17-27a-801 is amended to read:
1049 17-27a-801. No district court review until administrative remedies exhausted --
1050 Time for filing -- Tolling of time -- Standards governing court review -- Record on review
1051 -- Staying of decision.
1052 (1) No person may challenge in district court a land use decision until that person has
1053 exhausted the person's administrative remedies as provided in Part 7, Appeal Authority and
1054 Variances, if applicable.
1055 (2) (a) Subject to Subsection (1), a land use applicant or adversely affected party may
1056 file a petition for review of a land use decision with the district court within 30 days after the
1057 decision is final.
1058 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
1059 property owner files a request for arbitration of a constitutional taking issue with the property
1060 rights ombudsman under Section 13-43-204 until 30 days after:
1061 (A) the arbitrator issues a final award; or
1062 (B) the property rights ombudsman issues a written statement under Subsection
1063 13-43-204(3)(b) declining to arbitrate or to appoint an arbitrator.
1064 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
1065 taking issue that is the subject of the request for arbitration filed with the property rights
1066 ombudsman by a property owner.
1067 (iii) A request for arbitration filed with the property rights ombudsman after the time
1068 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
1069 (3) (a) A court shall:
1070 (i) presume that a land use regulation properly enacted under the authority of this
1071 chapter is valid; and
1072 (ii) determine only whether:
1073 (A) the land use regulation is expressly preempted by, or was enacted contrary to, state
1074 or federal law; and
1075 (B) it is reasonably debatable that the land use regulation is consistent with this
1076 chapter.
1077 (b) A court shall[
1078 an appeal authority is valid[
1079 is:
1080 [
1081 [
1082 (c) (i) A land use decision is arbitrary and capricious if the land use decision is not
1083 supported by substantial evidence in the record.
1084 (ii) A land use decision is illegal if the land use decision [
1085 (A) is based on an incorrect interpretation of a land use regulation; [
1086 (B) exceeds the authority granted by this title; or
1087 [
1088 (d) (i) A court may affirm or reverse a land use decision.
1089 (ii) If the court reverses a land use decision, the court shall remand the matter to the
1090 land use authority with instructions to issue a land use decision consistent with the court's
1091 decision.
1092 (4) The provisions of Subsection (2)(a) apply from the date on which the county takes
1093 final action on a land use application, if the county conformed with the notice provisions of
1094 Part 2, Notice, or for any person who had actual notice of the pending land use decision.
1095 (5) If the county has complied with Section 17-27a-205, a challenge to the enactment
1096 of a land use regulation or general plan may not be filed with the district court more than 30
1097 days after the enactment.
1098 (6) A challenge to a land use decision is barred unless the challenge is filed within 30
1099 days after the land use decision is final.
1100 (7) (a) The land use authority or appeal authority, as the case may be, shall transmit to
1101 the reviewing court the record of the proceedings of the land use authority or appeal authority,
1102 including the minutes, findings, orders and, if available, a true and correct transcript of the
1103 proceedings.
1104 (b) If the proceeding was recorded, a transcript of that recording is a true and correct
1105 transcript for purposes of this Subsection (7).
1106 (8) (a) (i) If there is a record, the district court's review is limited to the record provided
1107 by the land use authority or appeal authority, as the case may be.
1108 (ii) The court may not accept or consider any evidence outside the record of the land
1109 use authority or appeal authority, as the case may be, unless that evidence was offered to the
1110 land use authority or appeal authority, respectively, and the court determines that the evidence
1111 was improperly excluded.
1112 (b) If there is no record, the court may call witnesses and take evidence.
1113 (9) (a) The filing of a petition does not stay the land use decision of the land use
1114 authority or appeal authority, as the case may be.
1115 (b) (i) Before filing a petition under this section or a request for mediation or
1116 arbitration of a constitutional taking issue under Section 13-43-204, a land use applicant may
1117 petition the appeal authority to stay the appeal authority's decision.
1118 (ii) Upon receipt of a petition to stay, the appeal authority may order the appeal
1119 authority's decision stayed pending district court review if the appeal authority finds the order
1120 to be in the best interest of the county.
1121 (iii) After a petition is filed under this section or a request for mediation or arbitration
1122 of a constitutional taking issue is filed under Section 13-43-204, the petitioner may seek an
1123 injunction staying the appeal authority's land use decision.
1124 (10) If the court determines that a party initiated or pursued a challenge to a land use
1125 decision on a land use application in bad faith, the court may award attorney fees.
1126 Section 17. Section 57-1-45 is amended to read:
1127 57-1-45. Boundary line agreements.
1128 (1) [
1129 between adjoining properties shall comply with Section 10-9a-524 or 17-27a-523, as
1130 applicable.
1131 (2) A recorded boundary line agreement to establish the location of a boundary
1132 between adjoining properties where the location of the boundary is ambiguous, uncertain, or
1133 disputed shall comply with Subsections (3) and (4).
1134 (3) A boundary line agreement between adjoining property owners establishing the
1135 owners' existing common boundary for the purpose of settling an ambiguity, uncertainty, or
1136 dispute shall include:
1137 (a) the name and signature of each party to the agreement and, if applicable, the name
1138 and signature of a party's predecessor in interest who agreed to the location of the boundary
1139 line;
1140 (b) the date of the boundary line agreement;
1141 (c) the address of each party to the boundary line agreement for assessment purposes;
1142 (d) a statement describing why the owners of adjoining properties were unable to
1143 determine the true location of the boundary line between the adjoining properties;
1144 (e) a statement that the owners of the adjoining properties agree on the boundary line
1145 described in the boundary line agreement;
1146 (f) a legal description of each parcel or lot that is subject to the boundary line
1147 agreement;
1148 (g) a legal description of the agreed boundary line;
1149 (h) (i) a reference to a record of survey map as defined in Section 17-23-17 in
1150 conjunction with the boundary line agreement that shows:
1151 (A) existing dwellings, outbuildings, improvements, and other physical features;
1152 (B) existing easements, rights-of-way, conditions, or restrictions recorded or apparent;
1153 (C) the location of the agreed boundary line; and
1154 (D) an explanation in the survey narrative of the reason for the boundary line
1155 agreement; or
1156 (ii) if the parcels or lots are unimproved, an attached exhibit depicting a graphical
1157 representation of the location of the agreed boundary line relative to physical objects marking
1158 the agreed boundary;
1159 (i) if any of the property that is the subject of the agreement is located in a recorded
1160 subdivision and the agreed boundary line is different from the boundary line recorded in the
1161 plat, an acknowledgment that each party to the agreement has been advised of the requirement
1162 of a subdivision plat amendment; and
1163 (j) a sufficient acknowledgment for each party's signature.
1164 (4) A boundary line agreement described in Subsection (3) may not be:
1165 (a) used to adjust a known boundary described in Subsection (1) between adjoining
1166 properties;
1167 (b) used to adjust a lot line in a recorded subdivision plat or create a new parcel or lot;
1168 or
1169 (c) used by or recorded by a successor in interest to a property owner who agreed to the
1170 boundary line unless the property owners who agreed to the boundary line treated the line as
1171 the actual boundary as demonstrated by:
1172 (i) actual possession by each owner up to the boundary line;
1173 (ii) a fence built and agreed to by each owner on the boundary line; or
1174 (iii) each owner cultivating or controlling the land up to the boundary line.
1175 (5) A boundary line agreement described in Subsection (3):
1176 (a) does not affect any previously recorded easement unless the easement is expressly
1177 modified by the boundary line agreement;
1178 (b) establishes the common boundary between the adjoining properties in the originally
1179 intended location of the boundary line;
1180 (c) affixes the ownership of the adjoining parties to the agreed boundary line;
1181 (d) is not subject to the review or approval of a municipal or county land use authority;
1182 and
1183 (e) shall be indexed by a county recorder in the title record against each property
1184 affected by the agreed boundary line.
1185 (6) The recording of a boundary line agreement described in Subsection (3) does not
1186 constitute a land use approval by a municipality or a county.
1187 (7) A municipality or a county may withhold approval of a land use application for
1188 property that is subject to a boundary line agreement described in Subsection (3) if the
1189 municipality or the county determines that the land, as established by the boundary line
1190 agreement, was not in compliance with the municipality's or the county's land use regulations
1191 in effect on the day on which the boundary line agreement was recorded.
1192 (8) If a judgment made by a court that establishes the location of a disputed boundary is
1193 recorded in the county title record, the judgment shall act as a boundary line agreement
1194 recorded under this section.