This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 3, 2023 at 9:57 AM by lpoole.
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8 LONG TITLE
9 General Description:
10 This bill amends provisions related to municipal land use, development, and
11 management of real property.
12 Highlighted Provisions:
13 This bill:
14 ▸ modifies the definition of rural real property;
15 ▸ modifies provisions relating to a municipality's annexation of unincorporated
16 private property;
17 ▸ modifies the process by which a boundary commission considers competing
18 petitions for annexation of unincorporated private property;
19 ▸ clarifies the circumstances under which a municipality may adopt temporary land
20 use restrictions; and
21 ▸ modifies the way private parties and municipalities may use development
22 agreements.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 10-2-401, as last amended by Laws of Utah 2021, Chapter 112
30 10-2-402, as last amended by Laws of Utah 2021, Chapter 112
31 10-2-403, as last amended by Laws of Utah 2021, Chapter 112
32 10-2-405, as last amended by Laws of Utah 2021, Chapter 112
33 10-2-407, as last amended by Laws of Utah 2022, Chapter 355
34 10-2-408, as last amended by Laws of Utah 2021, Chapter 112
35 10-2-416, as last amended by Laws of Utah 2015, Chapter 352
36 10-9a-103, as last amended by Laws of Utah 2022, Chapters 355, 406
37 10-9a-504, as renumbered and amended by Laws of Utah 2005, Chapter 254
38 10-9a-508, as last amended by Laws of Utah 2016, Chapter 350
39 10-9a-509, as last amended by Laws of Utah 2022, Chapters 325, 355 and 406
40 10-9a-532, as enacted by Laws of Utah 2021, Chapter 385
41 10-9a-534, as enacted by Laws of Utah 2021, First Special Session, Chapter 3
42 10-9a-604.5, as last amended by Laws of Utah 2019, Chapter 384
43 17-27a-103, as last amended by Laws of Utah 2022, Chapter 406
44 17-27a-504, as renumbered and amended by Laws of Utah 2005, Chapter 254
45 17-27a-507, as last amended by Laws of Utah 2013, Chapter 309
46 17-27a-508, as last amended by Laws of Utah 2022, Chapters 325, 355 and 406
47 17-27a-528, as enacted by Laws of Utah 2021, Chapter 385
48 17-27a-530, as enacted by Laws of Utah 2021, First Special Session, Chapter 3
49 17-27a-604.5, as last amended by Laws of Utah 2020, Chapter 354
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51 Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 10-2-401 is amended to read:
53 10-2-401. Definitions -- Property owner provisions.
54 (1) As used in this part:
55 (a) "Affected entity" means:
56 (i) a county of the first or second class in whose unincorporated area the area proposed
57 for annexation is located;
58 (ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the
59 area proposed for annexation is located, if the area includes residents or commercial or
60 industrial development;
61 (iii) a local district under Title 17B, Limited Purpose Local Government Entities -
62 Local Districts, or special service district under Title 17D, Chapter 1, Special Service District
63 Act, whose boundary includes any part of an area proposed for annexation;
64 (iv) a school district whose boundary includes any part of an area proposed for
65 annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
66 (v) a municipality whose boundaries are within 1/2 mile of an area proposed for
67 annexation.
68 (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
69 annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
70 municipality.
71 (c) "Commission" means a boundary commission established under Section 10-2-409
72 for the county in which the property that is proposed for annexation is located.
73 (d) "Expansion area" means the unincorporated area that is identified in an annexation
74 policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
75 the future.
76 (e) "Feasibility consultant" means a person or firm with expertise in the processes and
77 economics of local government.
78 (f) "Mining protection area" means the same as that term is defined in Section
79 17-41-101.
80 (g) "Municipal selection committee" means a committee in each county composed of
81 the mayor of each municipality within that county.
82 (h) "Planning advisory area" means the same as that term is defined in Section
83 17-27a-306.
84 (i) "Private," with respect to real property, means not owned by the United States or
85 any agency of the federal government, the state, a county, a municipality, a school district, a
86 local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a
87 special service district under Title 17D, Chapter 1, Special Service District Act, or any other
88 political subdivision or governmental entity of the state.
89 (j) (i) "Rural real property" means [
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91 (A) are under common ownership;
92 (B) consist of no less than 1,000 total acres;
93 (C) are zoned for manufacturing or agricultural purposes; and
94 (D) do not have a residential unit density greater than one unit per acre.
95 (ii) "Rural real property" includes any portion of private real property, if the private
96 real property:
97 (A) qualifies as rural real property under Subsection (1)(j)(i); and
98 (B) consists of more than 1,500 total acres.
99 (k) "Specified county" means a county of the second, third, fourth, fifth, or sixth class.
100 (l) "Unincorporated peninsula" means an unincorporated area:
101 (i) that is part of a larger unincorporated area;
102 (ii) that extends from the rest of the unincorporated area of which it is a part;
103 (iii) that is surrounded by land that is within a municipality, except where the area
104 connects to and extends from the rest of the unincorporated area of which it is a part; and
105 (iv) whose width, at any point where a straight line may be drawn from a place where it
106 borders a municipality to another place where it borders a municipality, is no more than 25% of
107 the boundary of the area where it borders a municipality.
108 (m) "Urban development" means:
109 (i) a housing development with more than 15 residential units and an average density
110 greater than one residential unit per acre; or
111 (ii) a commercial or industrial development for which cost projections exceed
112 $750,000 for all phases.
113 (2) For purposes of this part:
114 (a) the owner of real property shall be:
115 (i) except as provided in Subsection (2)(a)(ii), the record title owner according to the
116 records of the county recorder on the date of the filing of the petition or protest; or
117 (ii) the lessee of military land, as defined in Section 63H-1-102, if the area proposed
118 for annexation includes military land that is within a project area described in a project area
119 plan adopted by the military installation development authority under Title 63H, Chapter 1,
120 Military Installation Development Authority Act; and
121 (b) the value of private real property shall be determined according to the last
122 assessment roll for county taxes before the filing of the petition or protest.
123 (3) For purposes of each provision of this part that requires the owners of private real
124 property covering a percentage or majority of the total private land area within an area to sign a
125 petition or protest:
126 (a) a parcel of real property may not be included in the calculation of the required
127 percentage or majority unless the petition or protest is signed by:
128 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
129 ownership interest in that parcel; or
130 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
131 of owners of that parcel;
132 (b) the signature of a person signing a petition or protest in a representative capacity on
133 behalf of an owner is invalid unless:
134 (i) the person's representative capacity and the name of the owner the person represents
135 are indicated on the petition or protest with the person's signature; and
136 (ii) the person provides documentation accompanying the petition or protest that
137 substantiates the person's representative capacity; and
138 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
139 petition or protest on behalf of a deceased owner.
140 Section 2. Section 10-2-402 is amended to read:
141 10-2-402. Annexation -- Limitations.
142 (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
143 annexed to the municipality as provided in this part.
144 (b) Except as provided in Subsection (1)(c), an unincorporated area may not be
145 annexed to a municipality unless:
146 (i) the unincorporated area is a contiguous area;
147 (ii) the unincorporated area is contiguous to the municipality;
148 (iii) annexation will not leave or create an unincorporated island or unincorporated
149 peninsula:
150 (A) except as provided in Subsection 10-2-418(3);
151 (B) except where an unincorporated island or peninsula existed before the annexation,
152 if the annexation will reduce the size of the unincorporated island or peninsula; or
153 [
154 (iv) for an area located in a specified county, the area is within the proposed annexing
155 municipality's expansion area.
156 (c) A municipality may annex an unincorporated area within a specified county that
157 does not meet the requirements of Subsection (1)(b), leaving or creating an unincorporated
158 island or unincorporated peninsula, if:
159 (i) the area is within the annexing municipality's expansion area;
160 (ii) the specified county in which the area is located and the annexing municipality
161 agree to the annexation;
162 (iii) the area is not within the area of another municipality's annexation policy plan,
163 unless the other municipality agrees to the annexation; and
164 (iv) the annexation is for the purpose of providing municipal services to the area.
165 (2) Except as provided in Section 10-2-418, a municipality may not annex an
166 unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
167 (3) (a) An annexation under this part may not include part of a parcel of real property
168 and exclude part of that same parcel unless the owner of that parcel has signed the annexation
169 petition under Section 10-2-403.
170 (b) A piece of real property that has more than one parcel number is considered to be a
171 single parcel for purposes of Subsection (3)(a) if owned by the same owner.
172 (4) A municipality may not annex an unincorporated area in a specified county for the
173 sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
174 annex the same or a related area unless the municipality has the ability and intent to benefit the
175 annexed area by providing municipal services to the annexed area.
176 (5) (a) As used in this subsection, "expansion area urban development" means:
177 (i) for a specified county, urban development within a city or town's expansion area; or
178 (ii) for a county of the first class, urban development within a city or town's expansion
179 area that:
180 (A) consists of 50 or more acres;
181 (B) requires the county to change the zoning designation of the land on which the
182 urban development is located; and
183 (C) does not include commercial or industrial development that is located within a
184 mining protection area as defined in Section 17-41-101, regardless of whether the commercial
185 or industrial development is for a mining use as defined in Section 17-41-101.
186 (b) A county legislative body may not approve expansion area urban development
187 unless:
188 (i) the county notifies the city or town of the proposed development; and
189 (ii) (A) the city or town consents in writing to the development;
190 (B) within 90 days after the county's notification of the proposed development, the city
191 or town submits to the county a written objection to the county's approval of the proposed
192 development and the county responds in writing to the city or town's objection; or
193 (C) the city or town fails to respond to the county's notification of the proposed
194 development within 90 days after the day on which the county provides the notice.
195 (6) (a) As used in this Subsection (6), "airport" means an area that the Federal Aviation
196 Administration has, by a record of decision, approved for the construction or operation of a
197 Class I, II, or III commercial service airport, as designated by the Federal Aviation
198 Administration in 14 C.F.R. Part 139.
199 (b) A municipality may not annex an unincorporated area within 5,000 feet of the
200 center line of any runway of an airport operated or to be constructed and operated by another
201 municipality unless the legislative body of the other municipality adopts a resolution
202 consenting to the annexation.
203 (c) A municipality that operates or intends to construct and operate an airport and does
204 not adopt a resolution consenting to the annexation of an area described in Subsection (6)(b)
205 may not deny an annexation petition proposing the annexation of that same area to that
206 municipality.
207 (7) (a) As used in this Subsection (7), "project area" means a project area as defined in
208 Section 63H-1-102 that is in a project area plan as defined in Section 63H-1-102 adopted by
209 the Military Installation Development Authority under Title 63H, Chapter 1, Military
210 Installation Development Authority Act.
211 (b) A municipality may not annex an unincorporated area located within a project area
212 without the authority's approval.
213 (c) (i) Except as provided in Subsection (7)(c)(ii), the Military Installation
214 Development Authority may petition for annexation of the following areas to a municipality as
215 if the Military Installation Development Authority was the sole private property owner within
216 the area:
217 (A) an area within a project area;
218 (B) an area that is contiguous to a project area and within the boundaries of a military
219 installation;
220 (C) an area owned by the Military Installation Development Authority; and
221 (D) an area that is contiguous to an area owned by the Military Installation
222 Development Authority that the Military Installation Development Authority plans to add to an
223 existing project area.
224 (ii) If any portion of an area annexed under a petition for annexation filed by the
225 Military Installation Development Authority is located in a specified county:
226 (A) the annexation process shall follow the requirements for a specified county; and
227 (B) the provisions of Section 10-2-402.5 do not apply.
228 (8) A municipality may not annex an unincorporated area if:
229 (a) the area is proposed for incorporation in:
230 (i) a feasibility study conducted under Section 10-2a-205; or
231 (ii) a supplemental feasibility study conducted under Section 10-2a-206;
232 (b) the lieutenant governor completes the first public hearing on the proposed
233 incorporation under Subsection 10-2a-207(4); and
234 (c) the time period for a specified landowner, as defined in Section 10-2a-203, to
235 request that the lieutenant governor exclude the specified landowner's property from the
236 proposed incorporation under Subsection 10-2a-207(5)(a) has expired.
237 Section 3. Section 10-2-403 is amended to read:
238 10-2-403. Annexation petition -- Requirements -- Notice required before filing.
239 (1) Except as provided in Section 10-2-418, the process to annex an unincorporated
240 area to a municipality is initiated by a petition as provided in this section.
241 (2) (a) (i) Before filing a petition under Subsection (1), the person or persons intending
242 to file a petition shall:
243 (A) file with the city recorder or town clerk of the proposed annexing municipality a
244 notice of intent to file a petition; and
245 (B) send a copy of the notice of intent to each affected entity.
246 (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
247 area that is proposed to be annexed.
248 (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
249 annexed is located shall:
250 (A) mail the notice described in Subsection (2)(b)(iii) to:
251 (I) each owner of real property located within the area proposed to be annexed; and
252 (II) each owner of real property located within 300 feet of the area proposed to be
253 annexed; and
254 (B) send to the proposed annexing municipality a copy of the notice and a certificate
255 indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
256 (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
257 days after receiving from the person or persons who filed the notice of intent:
258 (A) a written request to mail the required notice; and
259 (B) payment of an amount equal to the county's expected actual cost of mailing the
260 notice.
261 (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
262 (A) be in writing;
263 (B) state, in bold and conspicuous terms, substantially the following:
264 "Attention: Your property may be affected by a proposed annexation.
265 Records show that you own property within an area that is intended to be included in a
266 proposed annexation to (state the name of the proposed annexing municipality) or that is within
267 300 feet of that area. If your property is within the area proposed for annexation, you may be
268 asked to sign a petition supporting the annexation. You may choose whether to sign the
269 petition. By signing the petition, you indicate your support of the proposed annexation. If you
270 sign the petition but later change your mind about supporting the annexation, you may
271 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
272 of (state the name of the proposed annexing municipality) within 30 days after (state the name
273 of the proposed annexing municipality) receives notice that the petition has been certified.
274 There will be no public election on the proposed annexation because Utah law does not
275 provide for an annexation to be approved by voters at a public election. Signing or not signing
276 the annexation petition is the method under Utah law for the owners of property within the area
277 proposed for annexation to demonstrate their support of or opposition to the proposed
278 annexation.
279 You may obtain more information on the proposed annexation by contacting (state the
280 name, mailing address, telephone number, and email address of the official or employee of the
281 proposed annexing municipality designated to respond to questions about the proposed
282 annexation), (state the name, mailing address, telephone number, and email address of the
283 county official or employee designated to respond to questions about the proposed annexation),
284 or (state the name, mailing address, telephone number, and email address of the person who
285 filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
286 notice of intent, one of those persons). Once filed, the annexation petition will be available for
287 inspection and copying at the office of (state the name of the proposed annexing municipality)
288 located at (state the address of the municipal offices of the proposed annexing municipality).";
289 and
290 (C) be accompanied by an accurate map identifying the area proposed for annexation.
291 (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
292 other information or materials related or unrelated to the proposed annexation.
293 (c) (i) After receiving the certificate from the county as provided in Subsection
294 (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
295 who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
296 the annexation proposed in the notice of intent.
297 (ii) An annexation petition provided by the proposed annexing municipality may be
298 duplicated for circulation for signatures.
299 (3) Each petition under Subsection (1) shall:
300 (a) be filed with the applicable city recorder or town clerk of the proposed annexing
301 municipality;
302 (b) contain the signatures of, if all the real property within the area proposed for
303 annexation is owned by a public entity other than the federal government, the owners of all the
304 publicly owned real property, or the owners of private real property that:
305 (i) is located within the area proposed for annexation;
306 (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area
307 within the area proposed for annexation;
308 (B) covers 100% of all of the rural real property within the area proposed for
309 annexation; and
310 (C) covers 100% of all of the private land area within the area proposed for
311 annexation[
312
313 bird production area created under Title 23, Chapter 28, Migratory Bird Production Area; and
314 (iii) is equal in value to at least 1/3 of the value of all private real property within the
315 area proposed for annexation;
316 (c) be accompanied by:
317 (i) an accurate and recordable map, prepared by a licensed surveyor in accordance with
318 Section 17-23-20, of the area proposed for annexation; and
319 (ii) a copy of the notice sent to affected entities as required under Subsection
320 (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
321 (d) contain on each signature page a notice in bold and conspicuous terms that states
322 substantially the following:
323 "Notice:
324 • There will be no public election on the annexation proposed by this petition because
325 Utah law does not provide for an annexation to be approved by voters at a public election.
326 • If you sign this petition and later decide that you do not support the petition, you may
327 withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
328 of (state the name of the proposed annexing municipality). If you choose to withdraw your
329 signature, you shall do so no later than 30 days after (state the name of the proposed annexing
330 municipality) receives notice that the petition has been certified.";
331 (e) if the petition proposes a cross-county annexation, as defined in Section 10-2-402.5,
332 be accompanied by a copy of the resolution described in Subsection 10-2-402.5(4)(a)(iii)(A);
333 and
334 (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
335 designated as the contact sponsor, and indicate the mailing address of each sponsor.
336 (4) A petition under Subsection (1) may not propose the annexation of all or part of an
337 area proposed for annexation to a municipality in a previously filed petition that has not been
338 denied, rejected, or granted.
339 (5) If practicable and feasible, the boundaries of an area proposed for annexation shall
340 be drawn:
341 (a) along the boundaries of existing local districts and special service districts for
342 sewer, water, and other services, along the boundaries of school districts whose boundaries
343 follow city boundaries or school districts adjacent to school districts whose boundaries follow
344 city boundaries, and along the boundaries of other taxing entities;
345 (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
346 services;
347 (c) to facilitate the consolidation of overlapping functions of local government;
348 (d) to promote the efficient delivery of services; and
349 (e) to encourage the equitable distribution of community resources and obligations.
350 (6) On the date of filing, the petition sponsors shall deliver or mail a copy of the
351 petition to the clerk of the county in which the area proposed for annexation is located.
352 (7) A property owner who signs an annexation petition may withdraw the owner's
353 signature by filing a written withdrawal, signed by the property owner, with the city recorder or
354 town clerk no later than 30 days after the municipal legislative body's receipt of the notice of
355 certification under Subsection 10-2-405(2)(c)(i).
356 Section 4. Section 10-2-405 is amended to read:
357 10-2-405. Acceptance or denial of an annexation petition -- Petition certification
358 process -- Modified petition.
359 (1) (a) (i) A municipal legislative body may:
360 (A) subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-403; or
361 (B) accept the petition for further consideration under this part.
362 (ii) A petition shall be considered to have been accepted for further consideration under
363 this part if a municipal legislative body fails to act to deny or accept the petition under
364 Subsection (1)(a)(i):
365 (A) in the case of a city of the first or second class, within 14 days after the filing of the
366 petition; or
367 (B) in the case of a city of the third, fourth, or fifth class, a town, or a metro township,
368 at the next regularly scheduled meeting of the municipal legislative body that is at least 14 days
369 after the date the petition was filed.
370 (b) If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall,
371 within five days after the denial, mail written notice of the denial to:
372 (i) the contact sponsor; and
373 (ii) the clerk of the county in which the area proposed for annexation is located.
374 (2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i) or is
375 considered to have accepted the petition under Subsection (1)(a)(ii), the city recorder or town
376 clerk, as the case may be, shall, within 30 days after that acceptance:
377 (a) obtain from the assessor, clerk, surveyor, and recorder of the county in which the
378 area proposed for annexation is located the records the city recorder or town clerk needs to
379 determine whether the petition meets the requirements of Subsections 10-2-403(3) and (4);
380 (b) with the assistance of the municipal attorney, determine whether the petition meets
381 the requirements of Subsections 10-2-403(3) and (4); and
382 (c) (i) if the city recorder or town clerk determines that the petition meets those
383 requirements, certify the petition and mail or deliver written notification of the certification to
384 the municipal legislative body, the contact sponsor, and the county legislative body; or
385 (ii) if the city recorder or town clerk determines that the petition fails to meet any of
386 those requirements, reject the petition and mail or deliver written notification of the rejection
387 and the reasons for the rejection to the municipal legislative body, the contact sponsor, and the
388 county legislative body.
389 (3) (a) (i) If the city recorder or town clerk rejects a petition under Subsection (2)(c)(ii),
390 the petition may be modified to correct the deficiencies for which it was rejected and then
391 refiled with the city recorder or town clerk, as the case may be.
392 (ii) A signature on an annexation petition filed under Section 10-2-403 may be used
393 toward fulfilling the signature requirement of Subsection 10-2-403(2)(b) for the petition as
394 modified under Subsection (3)(a)(i).
395 (b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
396 recorder or town clerk under Subsection (2)(c)(ii), the refiled petition shall be treated as a
397 newly filed petition under Subsection 10-2-403(1).
398 (4) Any vote by a municipal legislative body to deny a petition under this part may be
399 recalled and set for reconsideration by a majority of the voting members of the municipal
400 legislative body.
401 [
402 records that a city recorder or town clerk requests under Subsection (2)(a).
403 Section 5. Section 10-2-407 is amended to read:
404 10-2-407. Protest to annexation petition -- Planning advisory area planning
405 commission recommendation -- Petition requirements -- Disposition of petition if no
406 protest filed.
407 (1) A protest to an annexation petition under Section 10-2-403 may only be filed by:
408 (a) the legislative body or governing board of an affected entity;
409 (b) an owner of rural real property located within the area proposed for annexation;
410 (c) for a proposed annexation of an area within a county of the first class, an owner of
411 private real property that:
412 (i) is located in the unincorporated area within 1/2 mile of the area proposed for
413 annexation;
414 (ii) covers at least 25% of the private land area located in the unincorporated area
415 within 1/2 mile of the area proposed for annexation; and
416 (iii) is equal in value to at least 15% of all real property located in the unincorporated
417 area within 1/2 mile of the area proposed for annexation; or
418 (d) an owner of private real property located in a mining protection area.
419 (2) Each protest under Subsection (1) shall:
420 (a) be filed:
421 (i) no later than 30 days after the municipal legislative body's receipt of the notice of
422 certification under Subsection 10-2-405(2)(c)(i); and
423 (ii) (A) in a county that has already created a commission under Section 10-2-409, with
424 the commission; or
425 (B) in a county that has not yet created a commission under Section 10-2-409, with the
426 clerk of the county in which the area proposed for annexation is located;
427 (b) state each reason for the protest of the annexation petition and, if the area proposed
428 to be annexed is located in a specified county, justification for the protest under the standards
429 established in this chapter;
430 (c) if the area proposed to be annexed is located in a specified county, contain other
431 information that the commission by rule requires or that the party filing the protest considers
432 pertinent; and
433 (d) contain the name and address of a contact person who is to receive notices sent by
434 the commission with respect to the protest proceedings.
435 (3) The party filing a protest under this section shall on the same date deliver or mail a
436 copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
437 (4) Each clerk who receives a protest under Subsection (2)(a)(ii)(B) shall:
438 (a) immediately notify the county legislative body of the protest; and
439 (b) deliver the protest to the boundary commission within five days after:
440 (i) receipt of the protest, if the boundary commission has previously been created; or
441 (ii) creation of the boundary commission under Subsection 10-2-409(1)(b), if the
442 boundary commission has not previously been created.
443 (5) (a) If a protest is filed under this section:
444 (i) the municipal legislative body may, at its next regular meeting after expiration of
445 the deadline under Subsection (2)(a)(i), deny the annexation petition; or
446 (ii) if the municipal legislative body does not deny the annexation petition under
447 Subsection (5)(a)(i), the municipal legislative body may take no further action on the
448 annexation petition until after receipt of the commission's notice of its decision on the protest
449 under Section 10-2-416.
450 (b) If a municipal legislative body denies an annexation petition under Subsection
451 (5)(a)(i), the municipal legislative body shall, within five days after the denial, send notice of
452 the denial in writing to:
453 (i) the contact sponsor of the annexation petition;
454 (ii) the commission; and
455 (iii) each entity that filed a protest.
456 (6) If no timely protest is filed under this section, the municipal legislative body may,
457 subject to Subsection (7), approve the petition.
458 (7) Before approving an annexation petition under Subsection (6), the municipal
459 legislative body shall hold a public hearing and provide notice of the public hearing:
460 (a) (i) at least seven days before the day of the public hearing, by posting one notice,
461 and at least one additional notice per 2,000 population within the municipality and the area
462 proposed for annexation, in places within that combined area that are most likely to give notice
463 to the residents within, and the owners of real property located within, the combined area,
464 subject to a maximum of 10 notices; or
465 (ii) at least 10 days before the day of the public hearing, by mailing the notice to each
466 residence within, and to each owner of real property located within, the combined area
467 described in Subsection (7)(a)(i);
468 (b) by posting notice on the Utah Public Notice Website, created in Section
469 63A-16-601, for seven days before the day of the public hearing; and
470 (c) if the municipality has a website, by posting notice on the municipality's website for
471 seven days before the day of the public hearing.
472 (8) (a) Subject to Subsection (8)(b), only a person or entity that is described in
473 Subsection (1) has standing to challenge an annexation in district court.
474 (b) A person or entity described in Subsection (1) may only bring an action in district
475 court to challenge an annexation if the person or entity has timely filed a protest as described in
476 Subsection (2) and exhausted the administrative remedies described in this section.
477 Section 6. Section 10-2-408 is amended to read:
478 10-2-408. Denying or approving the annexation petition -- Notice of approval.
479 (1) After receipt of the commission's decision on a protest under Subsection
480 10-2-416(2), a municipal legislative body may:
481 (a) deny the annexation petition; or
482 (b) subject to Subsection (2), if the commission approves the annexation, approve the
483 annexation petition consistent with the commission's decision.
484 (2) A municipal legislative body shall exclude from the annexed area:
485 (a) rural real property, unless the owner of the rural real property has signed the
486 petition for annexation or gives written consent to include the rural real property; and
487 (b) private real property located in a mining protection area, unless the owner of the
488 private real property gives written consent to include the private real property.
489 Section 7. Section 10-2-416 is amended to read:
490 10-2-416. Commission decision -- Time limit -- Limitation on approval of
491 annexation.
492 (1) (a) Subject to [
493 under Subsection 10-2-415(1) the boundary commission may:
494 [
495 [
496 with or without conditions; or
497 [
498 (b) If a legislative body or governing board of an affected entity files a timely protest to
499 the annexation petition in accordance with Section 10-2-407, the boundary commission, in
500 making a decision under Subsection (1)(a), shall consider and weigh the preferences, to the
501 extent made known during the boundary commission's proceedings, of:
502 (i) the person or persons who submitted the annexation petition; and
503 (ii) any property owner who has timely filed a protest in accordance with Section
504 10-2-407.
505 (2) The commission shall issue a written decision on the proposed annexation within
506 30 days after the conclusion of the hearing under Section 10-2-415 and shall send a copy of the
507 decision to:
508 (a) the legislative body of the county in which the area proposed for annexation is
509 located;
510 (b) the legislative body of the proposed annexing municipality;
511 (c) the contact person on the annexation petition;
512 (d) the contact person of each entity that filed a protest; and
513 (e) if a protest was filed under Subsection 10-2-407(1)(c) with respect to a proposed
514 annexation of an area located in a county of the first class, the contact person designated in the
515 protest.
516 (3) Except for an annexation for which a feasibility study may not be required under
517 Subsection 10-2-413(1)(b), the commission may not approve a proposed annexation of an area
518 located within a county of the first class unless the results of the feasibility study under Section
519 10-2-413 show that the average annual amount under Subsection 10-2-413(3)(a)(ix) does not
520 exceed the average annual amount under Subsection 10-2-413(3)(a)(viii) by more than 5%.
521 Section 8. Section 10-9a-103 is amended to read:
522 10-9a-103. Definitions.
523 As used in this chapter:
524 (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
525 detached from a primary single-family dwelling and contained on one lot.
526 (2) "Adversely affected party" means a person other than a land use applicant who:
527 (a) owns real property adjoining the property that is the subject of a land use
528 application or land use decision; or
529 (b) will suffer a damage different in kind than, or an injury distinct from, that of the
530 general community as a result of the land use decision.
531 (3) "Affected entity" means a county, municipality, local district, special service
532 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
533 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
534 public utility, property owner, property owners association, or the Utah Department of
535 Transportation, if:
536 (a) the entity's services or facilities are likely to require expansion or significant
537 modification because of an intended use of land;
538 (b) the entity has filed with the municipality a copy of the entity's general or long-range
539 plan; or
540 (c) the entity has filed with the municipality a request for notice during the same
541 calendar year and before the municipality provides notice to an affected entity in compliance
542 with a requirement imposed under this chapter.
543 (4) "Affected owner" means the owner of real property that is:
544 (a) a single project;
545 (b) the subject of a land use approval that sponsors of a referendum timely challenged
546 in accordance with Subsection 20A-7-601(6); and
547 (c) determined to be legally referable under Section 20A-7-602.8.
548 (5) "Appeal authority" means the person, board, commission, agency, or other body
549 designated by ordinance to decide an appeal of a decision of a land use application or a
550 variance.
551 (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
552 residential property if the sign is designed or intended to direct attention to a business, product,
553 or service that is not sold, offered, or existing on the property where the sign is located.
554 (7) (a) "Charter school" means:
555 (i) an operating charter school;
556 (ii) a charter school applicant that a charter school authorizer approves in accordance
557 with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
558 (iii) an entity that is working on behalf of a charter school or approved charter
559 applicant to develop or construct a charter school building.
560 (b) "Charter school" does not include a therapeutic school.
561 (8) "Conditional use" means a land use that, because of the unique characteristics or
562 potential impact of the land use on the municipality, surrounding neighbors, or adjacent land
563 uses, may not be compatible in some areas or may be compatible only if certain conditions are
564 required that mitigate or eliminate the detrimental impacts.
565 (9) "Constitutional taking" means a governmental action that results in a taking of
566 private property so that compensation to the owner of the property is required by the:
567 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
568 (b) Utah Constitution Article I, Section 22.
569 (10) "Culinary water authority" means the department, agency, or public entity with
570 responsibility to review and approve the feasibility of the culinary water system and sources for
571 the subject property.
572 (11) "Development activity" means:
573 (a) any construction or expansion of a building, structure, or use that creates additional
574 demand and need for public facilities;
575 (b) any change in use of a building or structure that creates additional demand and need
576 for public facilities; or
577 (c) any change in the use of land that creates additional demand and need for public
578 facilities.
579 (12) (a) "Development agreement" means a written agreement or amendment to a
580 written agreement between a municipality and one or more parties that regulates or controls the
581 use or development of a specific area of land.
582 (b) "Development agreement" does not include an improvement completion assurance.
583 (13) (a) "Disability" means a physical or mental impairment that substantially limits
584 one or more of a person's major life activities, including a person having a record of such an
585 impairment or being regarded as having such an impairment.
586 (b) "Disability" does not include current illegal use of, or addiction to, any federally
587 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
588 802.
589 (14) "Educational facility":
590 (a) means:
591 (i) a school district's building at which pupils assemble to receive instruction in a
592 program for any combination of grades from preschool through grade 12, including
593 kindergarten and a program for children with disabilities;
594 (ii) a structure or facility:
595 (A) located on the same property as a building described in Subsection (14)(a)(i); and
596 (B) used in support of the use of that building; and
597 (iii) a building to provide office and related space to a school district's administrative
598 personnel; and
599 (b) does not include:
600 (i) land or a structure, including land or a structure for inventory storage, equipment
601 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
602 (A) not located on the same property as a building described in Subsection (14)(a)(i);
603 and
604 (B) used in support of the purposes of a building described in Subsection (14)(a)(i); or
605 (ii) a therapeutic school.
606 (15) "Fire authority" means the department, agency, or public entity with responsibility
607 to review and approve the feasibility of fire protection and suppression services for the subject
608 property.
609 (16) "Flood plain" means land that:
610 (a) is within the 100-year flood plain designated by the Federal Emergency
611 Management Agency; or
612 (b) has not been studied or designated by the Federal Emergency Management Agency
613 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
614 the land has characteristics that are similar to those of a 100-year flood plain designated by the
615 Federal Emergency Management Agency.
616 (17) "General plan" means a document that a municipality adopts that sets forth general
617 guidelines for proposed future development of the land within the municipality.
618 (18) "Geologic hazard" means:
619 (a) a surface fault rupture;
620 (b) shallow groundwater;
621 (c) liquefaction;
622 (d) a landslide;
623 (e) a debris flow;
624 (f) unstable soil;
625 (g) a rock fall; or
626 (h) any other geologic condition that presents a risk:
627 (i) to life;
628 (ii) of substantial loss of real property; or
629 (iii) of substantial damage to real property.
630 (19) "Historic preservation authority" means a person, board, commission, or other
631 body designated by a legislative body to:
632 (a) recommend land use regulations to preserve local historic districts or areas; and
633 (b) administer local historic preservation land use regulations within a local historic
634 district or area.
635 (20) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
636 meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
637 utility system.
638 (21) "Identical plans" means building plans submitted to a municipality that:
639 (a) are clearly marked as "identical plans";
640 (b) are substantially identical to building plans that were previously submitted to and
641 reviewed and approved by the municipality; and
642 (c) describe a building that:
643 (i) is located on land zoned the same as the land on which the building described in the
644 previously approved plans is located;
645 (ii) is subject to the same geological and meteorological conditions and the same law
646 as the building described in the previously approved plans;
647 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
648 and approved by the municipality; and
649 (iv) does not require any additional engineering or analysis.
650 (22) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
651 Impact Fees Act.
652 (23) "Improvement completion assurance" means a surety bond, letter of credit,
653 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
654 by a municipality to guaranty the proper completion of landscaping or an infrastructure
655 improvement required as a condition precedent to:
656 (a) recording a subdivision plat; or
657 (b) development of a commercial, industrial, mixed use, or multifamily project.
658 (24) "Improvement warranty" means an applicant's unconditional warranty that the
659 applicant's installed and accepted landscaping or infrastructure improvement:
660 (a) complies with the municipality's written standards for design, materials, and
661 workmanship; and
662 (b) will not fail in any material respect, as a result of poor workmanship or materials,
663 within the improvement warranty period.
664 (25) "Improvement warranty period" means a period:
665 (a) no later than one year after a municipality's acceptance of required landscaping; or
666 (b) no later than one year after a municipality's acceptance of required infrastructure,
667 unless the municipality:
668 (i) determines for good cause that a one-year period would be inadequate to protect the
669 public health, safety, and welfare; and
670 (ii) has substantial evidence, on record:
671 (A) of prior poor performance by the applicant; or
672 (B) that the area upon which the infrastructure will be constructed contains suspect soil
673 and the municipality has not otherwise required the applicant to mitigate the suspect soil.
674 (26) "Infrastructure improvement" means permanent infrastructure that is essential for
675 the public health and safety or that:
676 (a) is required for human occupation; and
677 (b) an applicant must install:
678 (i) in accordance with published installation and inspection specifications for public
679 improvements; and
680 (ii) whether the improvement is public or private, as a condition of:
681 (A) recording a subdivision plat;
682 (B) obtaining a building permit; or
683 (C) development of a commercial, industrial, mixed use, condominium, or multifamily
684 project.
685 (27) "Internal lot restriction" means a platted note, platted demarcation, or platted
686 designation that:
687 (a) runs with the land; and
688 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
689 the plat; or
690 (ii) designates a development condition that is enclosed within the perimeter of a lot
691 described on the plat.
692 (28) "Land use applicant" means a property owner, or the property owner's designee,
693 who submits a land use application regarding the property owner's land.
694 (29) "Land use application":
695 (a) means an application that is:
696 (i) required by a municipality; and
697 (ii) submitted by a land use applicant to obtain a land use decision; and
698 (b) does not mean an application to enact, amend, or repeal a land use regulation.
699 (30) "Land use authority" means:
700 (a) a person, board, commission, agency, or body, including the local legislative body,
701 designated by the local legislative body to act upon a land use application; or
702 (b) if the local legislative body has not designated a person, board, commission,
703 agency, or body, the local legislative body.
704 (31) "Land use decision" means an administrative decision of a land use authority or
705 appeal authority regarding:
706 (a) a land use permit; or
707 (b) a land use application.
708 (32) "Land use permit" means a permit issued by a land use authority.
709 (33) "Land use regulation":
710 (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
711 specification, fee, or rule that governs the use or development of land;
712 (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
713 and
714 (c) does not include:
715 (i) a land use decision of the legislative body acting as the land use authority, even if
716 the decision is expressed in a resolution or ordinance; or
717 (ii) a temporary revision to an engineering specification that does not materially:
718 (A) increase a land use applicant's cost of development compared to the existing
719 specification; or
720 (B) impact a land use applicant's use of land.
721 (34) "Legislative body" means the municipal council.
722 (35) "Local district" means an entity under Title 17B, Limited Purpose Local
723 Government Entities - Local Districts, and any other governmental or quasi-governmental
724 entity that is not a county, municipality, school district, or the state.
725 (36) "Local historic district or area" means a geographically definable area that:
726 (a) contains any combination of buildings, structures, sites, objects, landscape features,
727 archeological sites, or works of art that contribute to the historic preservation goals of a
728 legislative body; and
729 (b) is subject to land use regulations to preserve the historic significance of the local
730 historic district or area.
731 (37) "Lot" means a tract of land, regardless of any label, that is created by and shown
732 on a subdivision plat that has been recorded in the office of the county recorder.
733 (38) (a) "Lot line adjustment" means a relocation of a lot line boundary between
734 adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
735 (i) whether or not the lots are located in the same subdivision; and
736 (ii) with the consent of the owners of record.
737 (b) "Lot line adjustment" does not mean a new boundary line that:
738 (i) creates an additional lot; or
739 (ii) constitutes a subdivision or a subdivision amendment.
740 (c) "Lot line adjustment" does not include a boundary line adjustment made by the
741 Department of Transportation.
742 (39) "Major transit investment corridor" means public transit service that uses or
743 occupies:
744 (a) public transit rail right-of-way;
745 (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
746 or
747 (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
748 municipality or county and:
749 (i) a public transit district as defined in Section 17B-2a-802; or
750 (ii) an eligible political subdivision as defined in Section 59-12-2219.
751 (40) "Moderate income housing" means housing occupied or reserved for occupancy
752 by households with a gross household income equal to or less than 80% of the median gross
753 income for households of the same size in the county in which the city is located.
754 (41) "Municipal utility easement" means an easement that:
755 (a) is created or depicted on a plat recorded in a county recorder's office and is
756 described as a municipal utility easement granted for public use;
757 (b) is not a protected utility easement or a public utility easement as defined in Section
758 54-3-27;
759 (c) the municipality or the municipality's affiliated governmental entity uses and
760 occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm
761 water, or communications or data lines;
762 (d) is used or occupied with the consent of the municipality in accordance with an
763 authorized franchise or other agreement;
764 (e) (i) is used or occupied by a specified public utility in accordance with an authorized
765 franchise or other agreement; and
766 (ii) is located in a utility easement granted for public use; or
767 (f) is described in Section 10-9a-529 and is used by a specified public utility.
768 (42) "Nominal fee" means a fee that reasonably reimburses a municipality only for time
769 spent and expenses incurred in:
770 (a) verifying that building plans are identical plans; and
771 (b) reviewing and approving those minor aspects of identical plans that differ from the
772 previously reviewed and approved building plans.
773 (43) "Noncomplying structure" means a structure that:
774 (a) legally existed before the structure's current land use designation; and
775 (b) because of one or more subsequent land use ordinance changes, does not conform
776 to the setback, height restrictions, or other regulations, excluding those regulations, which
777 govern the use of land.
778 (44) "Nonconforming use" means a use of land that:
779 (a) legally existed before its current land use designation;
780 (b) has been maintained continuously since the time the land use ordinance governing
781 the land changed; and
782 (c) because of one or more subsequent land use ordinance changes, does not conform
783 to the regulations that now govern the use of the land.
784 (45) "Official map" means a map drawn by municipal authorities and recorded in a
785 county recorder's office that:
786 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
787 highways and other transportation facilities;
788 (b) provides a basis for restricting development in designated rights-of-way or between
789 designated setbacks to allow the government authorities time to purchase or otherwise reserve
790 the land; and
791 (c) has been adopted as an element of the municipality's general plan.
792 (46) "Parcel" means any real property that is not a lot.
793 (47) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
794 adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
795 agreement in accordance with Section 10-9a-524, if no additional parcel is created and:
796 (i) none of the property identified in the agreement is a lot; or
797 (ii) the adjustment is to the boundaries of a single person's parcels.
798 (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
799 line that:
800 (i) creates an additional parcel; or
801 (ii) constitutes a subdivision.
802 (c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
803 the Department of Transportation.
804 (48) "Person" means an individual, corporation, partnership, organization, association,
805 trust, governmental agency, or any other legal entity.
806 (49) "Plan for moderate income housing" means a written document adopted by a
807 municipality's legislative body that includes:
808 (a) an estimate of the existing supply of moderate income housing located within the
809 municipality;
810 (b) an estimate of the need for moderate income housing in the municipality for the
811 next five years;
812 (c) a survey of total residential land use;
813 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
814 income housing; and
815 (e) a description of the municipality's program to encourage an adequate supply of
816 moderate income housing.
817 (50) "Plat" means an instrument subdividing property into lots as depicted on a map or
818 other graphical representation of lands that a licensed professional land surveyor makes and
819 prepares in accordance with Section 10-9a-603 or 57-8-13.
820 (51) "Potential geologic hazard area" means an area that:
821 (a) is designated by a Utah Geological Survey map, county geologist map, or other
822 relevant map or report as needing further study to determine the area's potential for geologic
823 hazard; or
824 (b) has not been studied by the Utah Geological Survey or a county geologist but
825 presents the potential of geologic hazard because the area has characteristics similar to those of
826 a designated geologic hazard area.
827 (52) "Public agency" means:
828 (a) the federal government;
829 (b) the state;
830 (c) a county, municipality, school district, local district, special service district, or other
831 political subdivision of the state; or
832 (d) a charter school.
833 (53) "Public hearing" means a hearing at which members of the public are provided a
834 reasonable opportunity to comment on the subject of the hearing.
835 (54) "Public meeting" means a meeting that is required to be open to the public under
836 Title 52, Chapter 4, Open and Public Meetings Act.
837 (55) "Public street" means a public right-of-way, including a public highway, public
838 avenue, public boulevard, public parkway, public road, public lane, public alley, public
839 viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
840 easement, or other public way.
841 (56) "Receiving zone" means an area of a municipality that the municipality
842 designates, by ordinance, as an area in which an owner of land may receive a transferable
843 development right.
844 (57) "Record of survey map" means a map of a survey of land prepared in accordance
845 with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
846 (58) "Residential facility for persons with a disability" means a residence:
847 (a) in which more than one person with a disability resides; and
848 (b) (i) which is licensed or certified by the Department of Human Services under Title
849 62A, Chapter 2, Licensure of Programs and Facilities; or
850 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
851 21, Health Care Facility Licensing and Inspection Act.
852 (59) "Residential roadway" means a public local residential road that:
853 (a) will serve primarily to provide access to adjacent primarily residential areas and
854 property;
855 (b) is designed to accommodate minimal traffic volumes or vehicular traffic;
856 (c) is not identified as a supplementary to a collector or other higher system classified
857 street in an approved municipal street or transportation master plan;
858 (d) has a posted speed limit of 25 miles per hour or less;
859 (e) does not have higher traffic volumes resulting from connecting previously separated
860 areas of the municipal road network;
861 (f) cannot have a primary access, but can have a secondary access, and does not abut
862 lots intended for high volume traffic or community centers, including schools, recreation
863 centers, sports complexes, or libraries; and
864 (g) is primarily serves traffic within a neighborhood or limited residential area and
864a Ŝ→ [
865 not necessarily continuous through several residential areas.
866 [
867 prescribe in a public meeting:
868 (a) parliamentary order and procedure;
869 (b) ethical behavior; and
870 (c) civil discourse.
871 [
872 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
873 wastewater systems.
874 [
875 designates, by ordinance, as an area from which an owner of land may transfer a transferable
876 development right.
877 [
878 (a) the state;
879 (b) a school district; or
880 (c) a charter school.
881 [
882 or telephone corporation, as those terms are defined in Section 54-2-1.
883 [
884 [
885 to be divided into two or more lots or other division of land for the purpose, whether
886 immediate or future, for offer, sale, lease, or development either on the installment plan or
887 upon any and all other plans, terms, and conditions.
888 (b) "Subdivision" includes:
889 (i) the division or development of land, whether by deed, metes and bounds
890 description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
891 the division includes all or a portion of a parcel or lot; and
892 (ii) except as provided in Subsection (65)(c), divisions of land for residential and
893 nonresidential uses, including land used or to be used for commercial, agricultural, and
894 industrial purposes.
895 (c) "Subdivision" does not include:
896 (i) a bona fide division or partition of agricultural land for the purpose of joining one of
897 the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
898 neither the resulting combined parcel nor the parcel remaining from the division or partition
899 violates an applicable land use ordinance;
900 (ii) a boundary line agreement recorded with the county recorder's office between
901 owners of adjoining parcels adjusting the mutual boundary in accordance with Section
902 10-9a-524 if no new parcel is created;
903 (iii) a recorded document, executed by the owner of record:
904 (A) revising the legal descriptions of multiple parcels into one legal description
905 encompassing all such parcels; or
906 (B) joining a lot to a parcel;
907 (iv) a boundary line agreement between owners of adjoining subdivided properties
908 adjusting the mutual lot line boundary in accordance with Sections 10-9a-524 and 10-9a-608 if:
909 (A) no new dwelling lot or housing unit will result from the adjustment; and
910 (B) the adjustment will not violate any applicable land use ordinance;
911 (v) a bona fide division of land by deed or other instrument if the deed or other
912 instrument states in writing that the division:
913 (A) is in anticipation of future land use approvals on the parcel or parcels;
914 (B) does not confer any land use approvals; and
915 (C) has not been approved by the land use authority;
916 (vi) a parcel boundary adjustment;
917 (vii) a lot line adjustment;
918 (viii) a road, street, or highway dedication plat;
919 (ix) a deed or easement for a road, street, or highway purpose; or
920 (x) any other division of land authorized by law.
921 [
922 subdivision in accordance with Section 10-9a-608 that:
923 [
924 [
925 [
926 [
927 the subdivision; or
928 [
929 (b) "Subdivision amendment" does not include a lot line adjustment, between a single
930 lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
931 [
932 (a) is beyond a scintilla; and
933 (b) a reasonable mind would accept as adequate to support a conclusion.
934 [
935 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
936 3% swell potential;
937 (b) bedrock units with high shrink or swell susceptibility; or
938 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
939 commonly associated with dissolution and collapse features.
940 [
941 (a) for four or more individuals who are not related to:
942 (i) the owner of the facility; or
943 (ii) the primary service provider of the facility;
944 (b) that serves students who have a history of failing to function:
945 (i) at home;
946 (ii) in a public school; or
947 (iii) in a nonresidential private school; and
948 (c) that offers:
949 (i) room and board; and
950 (ii) an academic education integrated with:
951 (A) specialized structure and supervision; or
952 (B) services or treatment related to a disability, an emotional development, a
953 behavioral development, a familial development, or a social development.
954 [
955 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
956 land use rights from a designated sending zone to a designated receiving zone.
957 [
958 or town.
959 [
960 (a) each of the rights listed in Section 73-1-11; and
961 (b) an ownership interest in the right to the beneficial use of water represented by:
962 (i) a contract; or
963 (ii) a share in a water company, as defined in Section 73-3-3.5.
964 [
965 depicts land use zones, overlays, or districts.
966 Section 9. Section 10-9a-504 is amended to read:
967 10-9a-504. Temporary land use regulations.
968 (1) (a) [
969 without prior consideration of or recommendation from the planning commission, enact an
970 ordinance establishing a temporary land use regulation for any part or all of the area within the
971 municipality if:
972 (i) the legislative body makes a finding of compelling, countervailing public interest;
973 or
974 (ii) the area is unregulated.
975 (b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate
976 the erection, construction, reconstruction, or alteration of any building or structure or any
977 subdivision approval.
978 (c) A temporary land use regulation under Subsection (1)(a) may not impose an impact
979 fee or other financial requirement on building or development.
980 (2) (a) The municipal legislative body shall establish a period of limited effect for the
981 ordinance not to exceed [
982 (b) A municipal legislative body may not apply the provisions of a temporary land use
983 regulation to the review of a specific land use application if the land use application is impaired
984 or prohibited by proceedings initiated under Subsection 10-9a-509(1)(a)(ii)(B).
985 (3) (a) A municipal legislative body may, without prior planning commission
986 consideration or recommendation, enact an ordinance establishing a temporary land use
987 regulation prohibiting construction, subdivision approval, and other development activities
988 within an area that is the subject of an Environmental Impact Statement or a Major Investment
989 Study examining the area as a proposed highway or transportation corridor.
990 (b) A regulation under Subsection (3)(a):
991 (i) may not exceed [
992 (ii) may be renewed, if requested by the Transportation Commission created under
993 Section 72-1-301, for up to two additional [
994 before the expiration of the previous regulation; and
995 (iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
996 Environmental Impact Statement or Major Investment Study is in progress.
997 Section 10. Section 10-9a-508 is amended to read:
998 10-9a-508. Exactions -- Exaction for water interest -- Requirement to offer to
999 original owner property acquired by exaction.
1000 (1) A municipality may impose an exaction or exactions on development proposed in a
1001 land use application, including, subject to Subsection (3), an exaction for a water interest, if:
1002 (a) an essential link exists between a legitimate governmental interest and each
1003 exaction; and
1004 (b) each exaction is roughly proportionate, both in nature and extent, to the impact of
1005 the proposed development.
1006 (2) If a land use authority imposes an exaction for another governmental entity:
1007 (a) the governmental entity shall request the exaction; and
1008 (b) the land use authority shall transfer the exaction to the governmental entity for
1009 which it was exacted.
1010 (3) (a) (i) A municipality shall base any exaction for a water interest on the culinary
1011 water authority's established calculations of projected water interest requirements.
1012 (ii) Upon an applicant's request, the culinary water authority shall provide the applicant
1013 with the basis for the culinary water authority's calculations under Subsection (3)(a)(i) on
1014 which an exaction for a water interest is based.
1015 (b) A municipality may not impose an exaction for a water interest if the culinary water
1016 authority's existing available water interests exceed the water interests needed to meet the
1017 reasonable future water requirement of the public, as determined under Subsection
1018 73-1-4(2)(f).
1019 (4) (a) If a municipality plans to dispose of surplus real property that was acquired
1020 under this section and has been owned by the municipality for less than 15 years, the
1021 municipality shall first offer to reconvey the property, without receiving additional
1022 consideration, to the person who granted the property to the municipality.
1023 (b) A person to whom a municipality offers to reconvey property under Subsection
1024 (4)(a) has 90 days to accept or reject the municipality's offer.
1025 (c) If a person to whom a municipality offers to reconvey property declines the offer,
1026 the municipality may offer the property for sale.
1027 (d) Subsection (4)(a) does not apply to the disposal of property acquired by exaction by
1028 a community reinvestment agency.
1029 (5) (a) A municipality may not, as part of an infrastructure improvement, require the
1030 installation of pavement on a residential roadway at a width in excess of 32 feet.
1031 (b) Subsection (5)(a) does not apply if a municipality requires the installation of
1032 pavement in excess of 32 feet:
1033 (i) in a vehicle turnaround area;
1034 (ii) in a cul-de-sac;
1035 (iii) to address specific traffic flow constraints at an intersection, mid-block crossings,
1036 or other areas;
1037 (iv) to address an applicable general or master plan improvement, including
1038 transportation, bicycle lanes, trails or other similar improvements that are not included within
1039 an impact fee area;
1040 (v) to address traffic flow constraints for service to or abutting higher density
1041 developments or uses that generate higher traffic volumes, including community centers,
1042 schools and other similar uses;
1043 (vi) as needed for the installation or location of a utility which is maintained by the
1044 municipality and is considered a transmission line or requires additional roadway width;
1045 (vii) for third-party utility lines that have an easement preventing the installation of
1046 utilities maintained by the municipality within the roadway;
1047 (viii) for utilities over 12 feet in depth;
1048 (ix) for roadways with a design speed that exceeds 25 miles per hour;
1049 (x) as needed for flood and stormwater routing;
1050 (xi) as needed to meet fire code requirements for parking and hydrants; or
1051 (xii) as needed to accommodate street parking.
1052 (c) Nothing in this section shall be construed to prevent a municipality from approving
1053 a road cross section with a pavement width less than 32 feet.
1054 (d) (i) A land use applicant may appeal a municipal requirement for pavement in
1055 excess of 32 feet on a residential roadway.
1056 (ii) A land use applicant that has appealed a municipal specification for a residential
1057 roadway pavement width in excess of 32 feet may request that the municipality assemble a
1058 panel of qualified experts to serve as the appeal authority for purposes of determining the
1059 technical aspects of the appeal.
1060 (iii) Unless otherwise agreed by the applicant and the municipality, the panel described
1061 in Subsection (5)(d)(ii) shall consist of the following three experts:
1062 (A) one licensed engineer, designated by the municipality;
1063 (B) one licensed engineer, designated by the land use applicant; and
1064 (C) one licensed engineer, agreed upon and designated by the two designated engineers
1065 under Subsections (5)(a)(d)(iii)(A) and (B).
1066 (iv) A member of the panel assembled by the municipality under Subsection (5)(d)(ii)
1067 may not have an interest in the application that is the subject of the appeal.
1068 (v) The land use applicant shall pay:
1069 (A) 50% of the cost of the panel; and
1070 (B) the municipality's published appeal fee.
1071 (vi) The decision of the panel is a final decision, subject to a petition for review under
1072 Subsection (5)(d)(vii).
1073 (vii) Pursuant to Section 10-9a-801, a land use applicant or the municipality may file a
1074 petition for review of the decision with the district court within 30 days after the date that the
1075 decision is final.
1076 Section 11. Section 10-9a-509 is amended to read:
1077 10-9a-509. Applicant's entitlement to land use application approval --
1078 Municipality's requirements and limitations -- Vesting upon submission of development
1079 plan and schedule.
1080 (1) (a) (i) An applicant who has submitted a complete land use application as described
1081 in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
1082 review of the application under the land use regulations:
1083 (A) in effect on the date that the application is complete; and
1084 (B) applicable to the application or to the information shown on the application.
1085 (ii) An applicant is entitled to approval of a land use application if the application
1086 conforms to the requirements of the applicable land use regulations, land use decisions, and
1087 development standards in effect when the applicant submits a complete application and pays
1088 application fees, unless:
1089 (A) the land use authority, on the record, formally finds that a compelling,
1090 countervailing public interest would be jeopardized by approving the application and specifies
1091 the compelling, countervailing public interest in writing; or
1092 (B) in the manner provided by local ordinance and before the applicant submits the
1093 application, the municipality formally initiates proceedings to amend the municipality's land
1094 use regulations in a manner that would prohibit approval of the application as submitted.
1095 (b) The municipality shall process an application without regard to proceedings the
1096 municipality initiated to amend the municipality's ordinances as described in Subsection
1097 (1)(a)(ii)(B) if:
1098 (i) 180 days have passed since the municipality initiated the proceedings; and
1099 (ii) (A) the proceedings have not resulted in an enactment that prohibits approval of the
1100 application as submitted[
1101 (B) during the 12 months prior to the municipality processing the application, or
1102 multiple applications of the same type, are impaired or prohibited under the terms of a
1103 temporary land use regulation adopted under Section 10-9a-504.
1104 (c) A land use application is considered submitted and complete when the applicant
1105 provides the application in a form that complies with the requirements of applicable ordinances
1106 and pays all applicable fees.
1107 (d) A subsequent incorporation of a municipality or a petition that proposes the
1108 incorporation of a municipality does not affect a land use application approved by a county in
1109 accordance with Section 17-27a-508.
1110 (e) The continuing validity of an approval of a land use application is conditioned upon
1111 the applicant proceeding after approval to implement the approval with reasonable diligence.
1112 (f) A municipality may not impose on an applicant who has submitted a complete
1113 application a requirement that is not expressed in:
1114 (i) this chapter;
1115 (ii) a municipal ordinance in effect on the date that the applicant submits a complete
1116 application, subject to Subsection 10-9a-509(1)(a)(ii); or
1117 (iii) a municipal specification for public improvements applicable to a subdivision or
1118 development that is in effect on the date that the applicant submits an application.
1119 (g) A municipality may not impose on a holder of an issued land use permit or a final,
1120 unexpired subdivision plat a requirement that is not expressed:
1121 (i) in a land use permit;
1122 (ii) on the subdivision plat;
1123 (iii) in a document on which the land use permit or subdivision plat is based;
1124 (iv) in the written record evidencing approval of the land use permit or subdivision
1125 plat;
1126 (v) in this chapter; [
1127 (vi) in a municipal ordinance; or
1128 (vii) in a municipal specification for residential roadways in effect at the time a
1129 residential subdivision was approved.
1130 (h) Except as provided in Subsection (1)(i), a municipality may not withhold issuance
1131 of a certificate of occupancy or acceptance of subdivision improvements because of an
1132 applicant's failure to comply with a requirement that is not expressed:
1133 (i) in the building permit or subdivision plat, documents on which the building permit
1134 or subdivision plat is based, or the written record evidencing approval of the land use permit or
1135 subdivision plat; or
1136 (ii) in this chapter or the municipality's ordinances.
1137 (i) A municipality may not unreasonably withhold issuance of a certificate of
1138 occupancy where an applicant has met all requirements essential for the public health, public
1139 safety, and general welfare of the occupants, in accordance with this chapter, unless:
1140 (i) the applicant and the municipality have agreed in a written document to the
1141 withholding of a certificate of occupancy; or
1142 (ii) the applicant has not provided a financial assurance for required and uncompleted
1143 [
1144 with an applicable ordinance that the legislative body adopts under this chapter.
1145 (2) A municipality is bound by the terms and standards of applicable land use
1146 regulations and shall comply with mandatory provisions of those regulations.
1147 (3) A municipality may not, as a condition of land use application approval, require a
1148 person filing a land use application to obtain documentation regarding a school district's
1149 willingness, capacity, or ability to serve the development proposed in the land use application.
1150 (4) Upon a specified public agency's submission of a development plan and schedule as
1151 required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
1152 specified public agency vests in the municipality's applicable land use maps, zoning map,
1153 hookup fees, impact fees, other applicable development fees, and land use regulations in effect
1154 on the date of submission.
1155 (5) (a) If sponsors of a referendum timely challenge a project in accordance with
1156 Subsection 20A-7-601(6), the project's affected owner may rescind the project's land use
1157 approval by delivering a written notice:
1158 (i) to the local clerk as defined in Section 20A-7-101; and
1159 (ii) no later than seven days after the day on which a petition for a referendum is
1160 determined sufficient under Subsection 20A-7-607(5).
1161 (b) Upon delivery of a written notice described in Subsection (5)(a) the following are
1162 rescinded and are of no further force or effect:
1163 (i) the relevant land use approval; and
1164 (ii) any land use regulation enacted specifically in relation to the land use approval.
1165 Section 12. Section 10-9a-532 is amended to read:
1166 10-9a-532. Development agreements.
1167 (1) Subject to Subsection (2), a municipality may enter into a development agreement
1168 containing any term that the municipality considers necessary or appropriate to accomplish the
1169 purposes of this chapter.
1170 (2) (a) A development agreement may not:
1171 (i) limit a municipality's authority in the future to:
1172 (A) enact a land use regulation; or
1173 (B) take any action allowed under Section 10-8-84;
1174 (ii) require a municipality to change the zoning designation of an area of land within
1175 the municipality in the future; or
1176 [
1177
1178 (iii) allow a use or development of land that applicable land use regulations governing
1179 the area subject to the development agreement would otherwise prohibit, unless the legislative
1180 body approves the development agreement in accordance with the same procedures for
1181 enacting a land use regulation under Section 10-9a-502, including a review and
1182 recommendation from the planning commission and a public hearing.
1183 (b) A development agreement that requires the implementation of an existing land use
1184 regulation as an administrative act does not require a legislative body's approval under Section
1185 10-9a-502.
1186 [
1187
1188 (c) (i) If a development agreement restricts an applicant's rights under clearly
1189 established state law, the municipality shall disclose in writing to the applicant the rights of the
1190 applicant the development agreement restricts.
1191 (ii) A municipality's failure to disclose in accordance with Subsection (2)(c)(i) voids
1192 any provision in the development agreement pertaining to the undisclosed rights.
1193 (d) A municipality may not require a development agreement as a condition for
1194 developing land if the municipality's land use regulations establish all applicable standards for
1195 development on the land.
1196 [
1197 matter or concern related to land use or development, the matter or concern is governed by:
1198 (i) this chapter; and
1199 (ii) any applicable land use regulations.
1200 Section 13. Section 10-9a-534 is amended to read:
1201 10-9a-534. Regulation of building design elements prohibited -- Exceptions.
1202 (1) As used in this section, "building design element" means:
1203 (a) exterior color;
1204 (b) type or style of exterior cladding material;
1205 (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
1206 (d) exterior nonstructural architectural ornamentation;
1207 (e) location, design, placement, or architectural styling of a window or door;
1208 (f) location, design, placement, or architectural styling of a garage door, not including a
1209 rear-loading garage door;
1210 (g) number or type of rooms;
1211 (h) interior layout of a room;
1212 (i) minimum square footage over 1,000 square feet, not including a garage;
1213 (j) rear yard landscaping requirements;
1214 (k) minimum building dimensions; or
1215 (l) a requirement to install front yard fencing.
1216 (2) Except as provided in Subsection (3), a municipality may not impose a requirement
1217 for a building design element on a [
1218 (3) Subsection (2) does not apply to:
1219 (a) a dwelling located within an area designated as a historic district in:
1220 (i) the National Register of Historic Places;
1221 (ii) the state register as defined in Section 9-8-402; or
1222 (iii) a local historic district or area, or a site designated as a local landmark, created by
1223 ordinance before January 1, 2021, except as provided under Subsection (4)(b);
1224 (b) an ordinance enacted as a condition for participation in the National Flood
1225 Insurance Program administered by the Federal Emergency Management Agency;
1226 (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
1227 Interface Code adopted under Section 15A-2-103;
1228 (d) building design elements agreed to under a development agreement;
1229 (e) a dwelling located within an area that:
1230 (i) is zoned primarily for residential use; and
1231 (ii) was substantially developed before calendar year 1950;
1232 (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
1233 (g) an ordinance enacted to regulate type of cladding, in response to findings or
1234 evidence from the construction industry of:
1235 (i) defects in the material of existing cladding; or
1236 (ii) consistent defects in the installation of existing cladding; or
1237 (h) a land use regulation, including a planned unit development or overlay zone, that a
1238 property owner requests:
1239 (i) the municipality to apply to the owner's property; and
1240 (ii) in exchange for an increase in density or other benefit not otherwise available as a
1241 permitted use in the zoning area or district.
1242 Section 14. Section 10-9a-604.5 is amended to read:
1243 10-9a-604.5. Subdivision plat recording or development activity before required
1244 landscaping or infrastructure is completed -- Improvement completion assurance --
1245 Improvement warranty.
1246 (1) As used in this section, "public landscaping improvement" means landscaping that
1247 an applicant is required to install to comply with published installation and inspection
1248 specifications for public improvements that:
1249 (a) will be dedicated to and maintained by the municipality; or
1250 (b) are associated with and proximate to trail improvements that connect to planned or
1251 existing public infrastructure.
1252 [
1253 acceptance of a [
1254 that the land use authority requires.
1255 [
1256 the applicant shall:
1257 (i) complete any required [
1258 infrastructure improvements; or
1259 (ii) post an improvement completion assurance for any required [
1260 landscaping improvements or infrastructure improvements.
1261 (b) If an applicant elects to post an improvement completion assurance, the applicant
1262 shall provide completion assurance for:
1263 (i) completion of 100% of the required [
1264 or infrastructure improvements; or
1265 (ii) if the municipality has inspected and accepted a portion of the [
1266 landscaping improvements or infrastructure improvements, 100% of the incomplete or
1267 unaccepted [
1268 (c) A municipality shall:
1269 (i) establish a minimum of two acceptable forms of completion assurance;
1270 (ii) if an applicant elects to post an improvement completion assurance, allow the
1271 applicant to post an assurance that meets the conditions of this title, and any local ordinances;
1272 (iii) establish a system for the partial release of an improvement completion assurance
1273 as portions of required [
1274 improvements are completed and accepted in accordance with local ordinance; and
1275 (iv) issue or deny a building permit in accordance with Section 10-9a-802 based on the
1276 installation of [
1277 (d) A municipality may not require an applicant to post an improvement completion
1278 assurance for:
1279 (i) [
1280 that the municipality has previously inspected and accepted;
1281 (ii) infrastructure improvements that are private and not essential or required to meet
1282 the building code, fire code, flood or storm water management provisions, street and access
1283 requirements, or other essential necessary public safety improvements adopted in a land use
1284 regulation; [
1285 (iii) in a municipality where ordinances require all infrastructure improvements within
1286 the area to be private, infrastructure improvements within a development that the municipality
1287 requires to be private[
1288 (iv) landscaping improvements that are not public landscaping improvements, as
1289 defined in Section 10-9a-103, unless the landscaping improvements and completion assurance
1290 are required under the terms of a development agreement.
1291 (4) (a) Except as provided in Subsection (4)(c), as a condition for increased density or
1292 other entitlement benefit not currently available under the existing zone, a municipality may
1293 require a completion assurance bond for landscaped amenities and common area that are
1294 dedicated to and maintained by a homeowners association.
1295 (b) Any agreement regarding a completion assurance bond under Subsection (4)(a)
1296 between the applicant and the municipality shall be memorialized in a development agreement.
1297 (c) A municipality may not require a completion assurance bond for the landscaping of
1298 residential lots or the equivalent open space surrounding single family attached homes, whether
1299 platted as lots or common area.
1300 (5) The sum of the improvement completion assurance required under Subsections (3)
1301 and (4) may not exceed the sum of:
1302 (a) 100% of the estimated cost of the public landscaping improvements or
1303 infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's
1304 bid; and
1305 (b) 10% of the amount of the bond to cover administrative costs incurred by the
1306 municipality to complete the improvements, if necessary.
1307 [
1308 improvement or infrastructure improvement, and for the duration of each improvement
1309 warranty period, the municipality may require the applicant to:
1310 (a) execute an improvement warranty for the improvement warranty period; and
1311 (b) post a cash deposit, surety bond, letter of credit, or other similar security, as
1312 required by the municipality, in the amount of up to 10% of the lesser of the:
1313 (i) municipal engineer's original estimated cost of completion; or
1314 (ii) applicant's reasonable proven cost of completion.
1315 [
1316 [
1317 development in accordance with [
1318 may not deny an applicant a building permit if the development meets the requirements for the
1319 issuance of a building permit under the building code and fire code.
1320 [
1321 development agreement, an adopted phasing plan, or the state construction code.
1322 Section 15. Section 17-27a-103 is amended to read:
1323 17-27a-103. Definitions.
1324 As used in this chapter:
1325 (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
1326 detached from a primary single-family dwelling and contained on one lot.
1327 (2) "Adversely affected party" means a person other than a land use applicant who:
1328 (a) owns real property adjoining the property that is the subject of a land use
1329 application or land use decision; or
1330 (b) will suffer a damage different in kind than, or an injury distinct from, that of the
1331 general community as a result of the land use decision.
1332 (3) "Affected entity" means a county, municipality, local district, special service
1333 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
1334 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
1335 property owner, property owner's association, public utility, or the Utah Department of
1336 Transportation, if:
1337 (a) the entity's services or facilities are likely to require expansion or significant
1338 modification because of an intended use of land;
1339 (b) the entity has filed with the county a copy of the entity's general or long-range plan;
1340 or
1341 (c) the entity has filed with the county a request for notice during the same calendar
1342 year and before the county provides notice to an affected entity in compliance with a
1343 requirement imposed under this chapter.
1344 (4) "Affected owner" means the owner of real property that is:
1345 (a) a single project;
1346 (b) the subject of a land use approval that sponsors of a referendum timely challenged
1347 in accordance with Subsection 20A-7-601(6); and
1348 (c) determined to be legally referable under Section 20A-7-602.8.
1349 (5) "Appeal authority" means the person, board, commission, agency, or other body
1350 designated by ordinance to decide an appeal of a decision of a land use application or a
1351 variance.
1352 (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or
1353 residential property if the sign is designed or intended to direct attention to a business, product,
1354 or service that is not sold, offered, or existing on the property where the sign is located.
1355 (7) (a) "Charter school" means:
1356 (i) an operating charter school;
1357 (ii) a charter school applicant that a charter school authorizer approves in accordance
1358 with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
1359 (iii) an entity that is working on behalf of a charter school or approved charter
1360 applicant to develop or construct a charter school building.
1361 (b) "Charter school" does not include a therapeutic school.
1362 (8) "Chief executive officer" means the person or body that exercises the executive
1363 powers of the county.
1364 (9) "Conditional use" means a land use that, because of the unique characteristics or
1365 potential impact of the land use on the county, surrounding neighbors, or adjacent land uses,
1366 may not be compatible in some areas or may be compatible only if certain conditions are
1367 required that mitigate or eliminate the detrimental impacts.
1368 (10) "Constitutional taking" means a governmental action that results in a taking of
1369 private property so that compensation to the owner of the property is required by the:
1370 (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
1371 (b) Utah Constitution, Article I, Section 22.
1372 (11) "County utility easement" means an easement that:
1373 (a) a plat recorded in a county recorder's office described as a county utility easement
1374 or otherwise as a utility easement;
1375 (b) is not a protected utility easement or a public utility easement as defined in Section
1376 54-3-27;
1377 (c) the county or the county's affiliated governmental entity owns or creates; and
1378 (d) (i) either:
1379 (A) no person uses or occupies; or
1380 (B) the county or the county's affiliated governmental entity uses and occupies to
1381 provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or
1382 communications or data lines; or
1383 (ii) a person uses or occupies with or without an authorized franchise or other
1384 agreement with the county.
1385 (12) "Culinary water authority" means the department, agency, or public entity with
1386 responsibility to review and approve the feasibility of the culinary water system and sources for
1387 the subject property.
1388 (13) "Development activity" means:
1389 (a) any construction or expansion of a building, structure, or use that creates additional
1390 demand and need for public facilities;
1391 (b) any change in use of a building or structure that creates additional demand and need
1392 for public facilities; or
1393 (c) any change in the use of land that creates additional demand and need for public
1394 facilities.
1395 (14) (a) "Development agreement" means a written agreement or amendment to a
1396 written agreement between a county and one or more parties that regulates or controls the use
1397 or development of a specific area of land.
1398 (b) "Development agreement" does not include an improvement completion assurance.
1399 (15) (a) "Disability" means a physical or mental impairment that substantially limits
1400 one or more of a person's major life activities, including a person having a record of such an
1401 impairment or being regarded as having such an impairment.
1402 (b) "Disability" does not include current illegal use of, or addiction to, any federally
1403 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
1404 Sec. 802.
1405 (16) "Educational facility":
1406 (a) means:
1407 (i) a school district's building at which pupils assemble to receive instruction in a
1408 program for any combination of grades from preschool through grade 12, including
1409 kindergarten and a program for children with disabilities;
1410 (ii) a structure or facility:
1411 (A) located on the same property as a building described in Subsection (16)(a)(i); and
1412 (B) used in support of the use of that building; and
1413 (iii) a building to provide office and related space to a school district's administrative
1414 personnel; and
1415 (b) does not include:
1416 (i) land or a structure, including land or a structure for inventory storage, equipment
1417 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
1418 (A) not located on the same property as a building described in Subsection (16)(a)(i);
1419 and
1420 (B) used in support of the purposes of a building described in Subsection (16)(a)(i); or
1421 (ii) a therapeutic school.
1422 (17) "Fire authority" means the department, agency, or public entity with responsibility
1423 to review and approve the feasibility of fire protection and suppression services for the subject
1424 property.
1425 (18) "Flood plain" means land that:
1426 (a) is within the 100-year flood plain designated by the Federal Emergency
1427 Management Agency; or
1428 (b) has not been studied or designated by the Federal Emergency Management Agency
1429 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
1430 the land has characteristics that are similar to those of a 100-year flood plain designated by the
1431 Federal Emergency Management Agency.
1432 (19) "Gas corporation" has the same meaning as defined in Section 54-2-1.
1433 (20) "General plan" means a document that a county adopts that sets forth general
1434 guidelines for proposed future development of:
1435 (a) the unincorporated land within the county; or
1436 (b) for a mountainous planning district, the land within the mountainous planning
1437 district.
1438 (21) "Geologic hazard" means:
1439 (a) a surface fault rupture;
1440 (b) shallow groundwater;
1441 (c) liquefaction;
1442 (d) a landslide;
1443 (e) a debris flow;
1444 (f) unstable soil;
1445 (g) a rock fall; or
1446 (h) any other geologic condition that presents a risk:
1447 (i) to life;
1448 (ii) of substantial loss of real property; or
1449 (iii) of substantial damage to real property.
1450 (22) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
1451 meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
1452 system.
1453 (23) "Identical plans" means building plans submitted to a county that:
1454 (a) are clearly marked as "identical plans";
1455 (b) are substantially identical building plans that were previously submitted to and
1456 reviewed and approved by the county; and
1457 (c) describe a building that:
1458 (i) is located on land zoned the same as the land on which the building described in the
1459 previously approved plans is located;
1460 (ii) is subject to the same geological and meteorological conditions and the same law
1461 as the building described in the previously approved plans;
1462 (iii) has a floor plan identical to the building plan previously submitted to and reviewed
1463 and approved by the county; and
1464 (iv) does not require any additional engineering or analysis.
1465 (24) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
1466 Impact Fees Act.
1467 (25) "Improvement completion assurance" means a surety bond, letter of credit,
1468 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
1469 by a county to guaranty the proper completion of landscaping or an infrastructure improvement
1470 required as a condition precedent to:
1471 (a) recording a subdivision plat; or
1472 (b) development of a commercial, industrial, mixed use, or multifamily project.
1473 (26) "Improvement warranty" means an applicant's unconditional warranty that the
1474 applicant's installed and accepted landscaping or infrastructure improvement:
1475 (a) complies with the county's written standards for design, materials, and
1476 workmanship; and
1477 (b) will not fail in any material respect, as a result of poor workmanship or materials,
1478 within the improvement warranty period.
1479 (27) "Improvement warranty period" means a period:
1480 (a) no later than one year after a county's acceptance of required landscaping; or
1481 (b) no later than one year after a county's acceptance of required infrastructure, unless
1482 the county:
1483 (i) determines for good cause that a one-year period would be inadequate to protect the
1484 public health, safety, and welfare; and
1485 (ii) has substantial evidence, on record:
1486 (A) of prior poor performance by the applicant; or
1487 (B) that the area upon which the infrastructure will be constructed contains suspect soil
1488 and the county has not otherwise required the applicant to mitigate the suspect soil.
1489 (28) "Infrastructure improvement" means permanent infrastructure that is essential for
1490 the public health and safety or that:
1491 (a) is required for human consumption; and
1492 (b) an applicant must install:
1493 (i) in accordance with published installation and inspection specifications for public
1494 improvements; and
1495 (ii) as a condition of:
1496 (A) recording a subdivision plat;
1497 (B) obtaining a building permit; or
1498 (C) developing a commercial, industrial, mixed use, condominium, or multifamily
1499 project.
1500 (29) "Internal lot restriction" means a platted note, platted demarcation, or platted
1501 designation that:
1502 (a) runs with the land; and
1503 (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
1504 the plat; or
1505 (ii) designates a development condition that is enclosed within the perimeter of a lot
1506 described on the plat.
1507 (30) "Interstate pipeline company" means a person or entity engaged in natural gas
1508 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
1509 the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1510 (31) "Intrastate pipeline company" means a person or entity engaged in natural gas
1511 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
1512 Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
1513 (32) "Land use applicant" means a property owner, or the property owner's designee,
1514 who submits a land use application regarding the property owner's land.
1515 (33) "Land use application":
1516 (a) means an application that is:
1517 (i) required by a county; and
1518 (ii) submitted by a land use applicant to obtain a land use decision; and
1519 (b) does not mean an application to enact, amend, or repeal a land use regulation.
1520 (34) "Land use authority" means:
1521 (a) a person, board, commission, agency, or body, including the local legislative body,
1522 designated by the local legislative body to act upon a land use application; or
1523 (b) if the local legislative body has not designated a person, board, commission,
1524 agency, or body, the local legislative body.
1525 (35) "Land use decision" means an administrative decision of a land use authority or
1526 appeal authority regarding:
1527 (a) a land use permit;
1528 (b) a land use application; or
1529 (c) the enforcement of a land use regulation, land use permit, or development
1530 agreement.
1531 (36) "Land use permit" means a permit issued by a land use authority.
1532 (37) "Land use regulation":
1533 (a) means a legislative decision enacted by ordinance, law, code, map, resolution,
1534 specification, fee, or rule that governs the use or development of land;
1535 (b) includes the adoption or amendment of a zoning map or the text of the zoning code;
1536 and
1537 (c) does not include:
1538 (i) a land use decision of the legislative body acting as the land use authority, even if
1539 the decision is expressed in a resolution or ordinance; or
1540 (ii) a temporary revision to an engineering specification that does not materially:
1541 (A) increase a land use applicant's cost of development compared to the existing
1542 specification; or
1543 (B) impact a land use applicant's use of land.
1544 (38) "Legislative body" means the county legislative body, or for a county that has
1545 adopted an alternative form of government, the body exercising legislative powers.
1546 (39) "Local district" means any entity under Title 17B, Limited Purpose Local
1547 Government Entities - Local Districts, and any other governmental or quasi-governmental
1548 entity that is not a county, municipality, school district, or the state.
1549 (40) "Lot" means a tract of land, regardless of any label, that is created by and shown
1550 on a subdivision plat that has been recorded in the office of the county recorder.
1551 (41) (a) "Lot line adjustment" means a relocation of a lot line boundary between
1552 adjoining lots or between a lot and adjoining parcels in accordance with Section 17-27a-608:
1553 (i) whether or not the lots are located in the same subdivision; and
1554 (ii) with the consent of the owners of record.
1555 (b) "Lot line adjustment" does not mean a new boundary line that:
1556 (i) creates an additional lot; or
1557 (ii) constitutes a subdivision or a subdivision amendment.
1558 (c) "Lot line adjustment" does not include a boundary line adjustment made by the
1559 Department of Transportation.
1560 (42) "Major transit investment corridor" means public transit service that uses or
1561 occupies:
1562 (a) public transit rail right-of-way;
1563 (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit;
1564 or
1565 (c) fixed-route bus corridors subject to an interlocal agreement or contract between a
1566 municipality or county and:
1567 (i) a public transit district as defined in Section 17B-2a-802; or
1568 (ii) an eligible political subdivision as defined in Section 59-12-2219.
1569 (43) "Moderate income housing" means housing occupied or reserved for occupancy
1570 by households with a gross household income equal to or less than 80% of the median gross
1571 income for households of the same size in the county in which the housing is located.
1572 (44) "Mountainous planning district" means an area designated by a county legislative
1573 body in accordance with Section 17-27a-901.
1574 (45) "Nominal fee" means a fee that reasonably reimburses a county only for time spent
1575 and expenses incurred in:
1576 (a) verifying that building plans are identical plans; and
1577 (b) reviewing and approving those minor aspects of identical plans that differ from the
1578 previously reviewed and approved building plans.
1579 (46) "Noncomplying structure" means a structure that:
1580 (a) legally existed before the structure's current land use designation; and
1581 (b) because of one or more subsequent land use ordinance changes, does not conform
1582 to the setback, height restrictions, or other regulations, excluding those regulations that govern
1583 the use of land.
1584 (47) "Nonconforming use" means a use of land that:
1585 (a) legally existed before the current land use designation;
1586 (b) has been maintained continuously since the time the land use ordinance regulation
1587 governing the land changed; and
1588 (c) because of one or more subsequent land use ordinance changes, does not conform
1589 to the regulations that now govern the use of the land.
1590 (48) "Official map" means a map drawn by county authorities and recorded in the
1591 county recorder's office that:
1592 (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
1593 highways and other transportation facilities;
1594 (b) provides a basis for restricting development in designated rights-of-way or between
1595 designated setbacks to allow the government authorities time to purchase or otherwise reserve
1596 the land; and
1597 (c) has been adopted as an element of the county's general plan.
1598 (49) "Parcel" means any real property that is not a lot.
1599 (50) (a) "Parcel boundary adjustment" means a recorded agreement between owners of
1600 adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line
1601 agreement in accordance with Section 17-27a-523, if no additional parcel is created and:
1602 (i) none of the property identified in the agreement is a lot; or
1603 (ii) the adjustment is to the boundaries of a single person's parcels.
1604 (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary
1605 line that:
1606 (i) creates an additional parcel; or
1607 (ii) constitutes a subdivision.
1608 (c) "Parcel boundary adjustment" does not include a boundary line adjustment made by
1609 the Department of Transportation.
1610 (51) "Person" means an individual, corporation, partnership, organization, association,
1611 trust, governmental agency, or any other legal entity.
1612 (52) "Plan for moderate income housing" means a written document adopted by a
1613 county legislative body that includes:
1614 (a) an estimate of the existing supply of moderate income housing located within the
1615 county;
1616 (b) an estimate of the need for moderate income housing in the county for the next five
1617 years;
1618 (c) a survey of total residential land use;
1619 (d) an evaluation of how existing land uses and zones affect opportunities for moderate
1620 income housing; and
1621 (e) a description of the county's program to encourage an adequate supply of moderate
1622 income housing.
1623 (53) "Planning advisory area" means a contiguous, geographically defined portion of
1624 the unincorporated area of a county established under this part with planning and zoning
1625 functions as exercised through the planning advisory area planning commission, as provided in
1626 this chapter, but with no legal or political identity separate from the county and no taxing
1627 authority.
1628 (54) "Plat" means an instrument subdividing property into lots as depicted on a map or
1629 other graphical representation of lands that a licensed professional land surveyor makes and
1630 prepares in accordance with Section 17-27a-603 or 57-8-13.
1631 (55) "Potential geologic hazard area" means an area that:
1632 (a) is designated by a Utah Geological Survey map, county geologist map, or other
1633 relevant map or report as needing further study to determine the area's potential for geologic
1634 hazard; or
1635 (b) has not been studied by the Utah Geological Survey or a county geologist but
1636 presents the potential of geologic hazard because the area has characteristics similar to those of
1637 a designated geologic hazard area.
1638 (56) "Public agency" means:
1639 (a) the federal government;
1640 (b) the state;
1641 (c) a county, municipality, school district, local district, special service district, or other
1642 political subdivision of the state; or
1643 (d) a charter school.
1644 (57) "Public hearing" means a hearing at which members of the public are provided a
1645 reasonable opportunity to comment on the subject of the hearing.
1646 (58) "Public meeting" means a meeting that is required to be open to the public under
1647 Title 52, Chapter 4, Open and Public Meetings Act.
1648 (59) "Public street" means a public right-of-way, including a public highway, public
1649 avenue, public boulevard, public parkway, public road, public lane, public alley, public
1650 viaduct, public subway, public tunnel, public bridge, public byway, other public transportation
1651 easement, or other public way.
1652 (60) "Receiving zone" means an unincorporated area of a county that the county
1653 designates, by ordinance, as an area in which an owner of land may receive a transferable
1654 development right.
1655 (61) "Record of survey map" means a map of a survey of land prepared in accordance
1656 with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13.
1657 (62) "Residential facility for persons with a disability" means a residence:
1658 (a) in which more than one person with a disability resides; and
1659 (b) (i) which is licensed or certified by the Department of Human Services under Title
1660 62A, Chapter 2, Licensure of Programs and Facilities; or
1661 (ii) which is licensed or certified by the Department of Health under Title 26, Chapter
1662 21, Health Care Facility Licensing and Inspection Act.
1663 (63) "Residential roadway" means a public local residential road that:
1664 (a) will serve primarily to provide access to adjacent primarily residential areas and
1665 property;
1666 (b) is designed to accommodate minimal traffic volumes or vehicular traffic;
1667 (c) is not identified as a supplementary to a collector or other higher system classified
1668 street in an approved municipal street or transportation master plan;
1669 (d) has a posted speed limit of 25 miles per hour or less;
1670 (e) does not have higher traffic volumes resulting from connecting previously separated
1671 areas of the municipal road network;
1672 (f) cannot have a primary access, but can have a secondary access, and does not abut
1673 lots intended for high volume traffic or community centers, including schools, recreation
1674 centers, sports complexes, or libraries; and
1675 (g) is primarily serves traffic within a neighborhood or limited residential area and
1675a Ŝ→ [
1676 not necessarily continuous through several residential areas.
1677 [
1678 prescribe in a public meeting:
1679 (a) parliamentary order and procedure;
1680 (b) ethical behavior; and
1681 (c) civil discourse.
1682 [
1683 with responsibility to review and approve the feasibility of sanitary sewer services or onsite
1684 wastewater systems.
1685 [
1686 designates, by ordinance, as an area from which an owner of land may transfer a transferable
1687 development right.
1688 [
1689 during a preliminary review preceding the issuance of a building permit to demonstrate that an
1690 owner's or developer's proposed development activity meets a land use requirement.
1691 [
1692 (a) the state;
1693 (b) a school district; or
1694 (c) a charter school.
1695 [
1696 or telephone corporation, as those terms are defined in Section 54-2-1.
1697 [
1698 [
1699 to be divided into two or more lots or other division of land for the purpose, whether
1700 immediate or future, for offer, sale, lease, or development either on the installment plan or
1701 upon any and all other plans, terms, and conditions.
1702 (b) "Subdivision" includes:
1703 (i) the division or development of land, whether by deed, metes and bounds
1704 description, devise and testacy, map, plat, or other recorded instrument, regardless of whether
1705 the division includes all or a portion of a parcel or lot; and
1706 (ii) except as provided in Subsection (70)(c), divisions of land for residential and
1707 nonresidential uses, including land used or to be used for commercial, agricultural, and
1708 industrial purposes.
1709 (c) "Subdivision" does not include:
1710 (i) a bona fide division or partition of agricultural land for agricultural purposes;
1711 (ii) a boundary line agreement recorded with the county recorder's office between
1712 owners of adjoining parcels adjusting the mutual boundary in accordance with Section
1713 17-27a-523 if no new lot is created;
1714 (iii) a recorded document, executed by the owner of record:
1715 (A) revising the legal descriptions of multiple parcels into one legal description
1716 encompassing all such parcels; or
1717 (B) joining a lot to a parcel;
1718 (iv) a bona fide division or partition of land in a county other than a first class county
1719 for the purpose of siting, on one or more of the resulting separate parcels:
1720 (A) an electrical transmission line or a substation;
1721 (B) a natural gas pipeline or a regulation station; or
1722 (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
1723 utility service regeneration, transformation, retransmission, or amplification facility;
1724 (v) a boundary line agreement between owners of adjoining subdivided properties
1725 adjusting the mutual lot line boundary in accordance with Sections 17-27a-523 and 17-27a-608
1726 if:
1727 (A) no new dwelling lot or housing unit will result from the adjustment; and
1728 (B) the adjustment will not violate any applicable land use ordinance;
1729 (vi) a bona fide division of land by deed or other instrument if the deed or other
1730 instrument states in writing that the division:
1731 (A) is in anticipation of future land use approvals on the parcel or parcels;
1732 (B) does not confer any land use approvals; and
1733 (C) has not been approved by the land use authority;
1734 (vii) a parcel boundary adjustment;
1735 (viii) a lot line adjustment;
1736 (ix) a road, street, or highway dedication plat;
1737 (x) a deed or easement for a road, street, or highway purpose; or
1738 (xi) any other division of land authorized by law.
1739 [
1740 subdivision in accordance with Section 17-27a-608 that:
1741 [
1742 [
1743 [
1744 [
1745 the subdivision; or
1746 [
1747 (b) "Subdivision amendment" does not include a lot line adjustment, between a single
1748 lot and an adjoining lot or parcel, that alters the outside boundary of the subdivision.
1749 [
1750 (a) is beyond a scintilla; and
1751 (b) a reasonable mind would accept as adequate to support a conclusion.
1752 [
1753 (a) a high susceptibility for volumetric change, typically clay rich, having more than a
1754 3% swell potential;
1755 (b) bedrock units with high shrink or swell susceptibility; or
1756 (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
1757 commonly associated with dissolution and collapse features.
1758 [
1759 (a) for four or more individuals who are not related to:
1760 (i) the owner of the facility; or
1761 (ii) the primary service provider of the facility;
1762 (b) that serves students who have a history of failing to function:
1763 (i) at home;
1764 (ii) in a public school; or
1765 (iii) in a nonresidential private school; and
1766 (c) that offers:
1767 (i) room and board; and
1768 (ii) an academic education integrated with:
1769 (A) specialized structure and supervision; or
1770 (B) services or treatment related to a disability, an emotional development, a
1771 behavioral development, a familial development, or a social development.
1772 [
1773 originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
1774 land use rights from a designated sending zone to a designated receiving zone.
1775 [
1776 municipality.
1777 [
1778 (a) each of the rights listed in Section 73-1-11; and
1779 (b) an ownership interest in the right to the beneficial use of water represented by:
1780 (i) a contract; or
1781 (ii) a share in a water company, as defined in Section 73-3-3.5.
1782 [
1783 depicts land use zones, overlays, or districts.
1784 Section 16. Section 17-27a-504 is amended to read:
1785 17-27a-504. Temporary land use regulations.
1786 (1) (a) [
1787 without prior consideration of or recommendation from the planning commission, enact an
1788 ordinance establishing a temporary land use regulation for any part or all of the area within the
1789 county if:
1790 (i) the legislative body makes a finding of compelling, countervailing public interest;
1791 or
1792 (ii) the area is unregulated.
1793 (b) A temporary land use regulation under Subsection (1)(a) may prohibit or regulate
1794 the erection, construction, reconstruction, or alteration of any building or structure or any
1795 subdivision approval.
1796 (c) A temporary land use regulation under Subsection (1)(a) may not impose an impact
1797 fee or other financial requirement on building or development.
1798 (2) (a) The legislative body shall establish a period of limited effect for the ordinance
1799 not to exceed [
1800 (b) A county legislative body may not apply the provisions of a temporary land use
1801 regulation to the review of a specific land use application if the land use application is impaired
1802 or prohibited by proceedings initiated under Subsection 17-27a-508(1)(a)(ii)(B).
1803 (3) (a) A legislative body may, without prior planning commission consideration or
1804 recommendation, enact an ordinance establishing a temporary land use regulation prohibiting
1805 construction, subdivision approval, and other development activities within an area that is the
1806 subject of an Environmental Impact Statement or a Major Investment Study examining the area
1807 as a proposed highway or transportation corridor.
1808 (b) A regulation under Subsection (3)(a):
1809 (i) may not exceed [
1810 (ii) may be renewed, if requested by the Transportation Commission created under
1811 Section 72-1-301, for up to two additional [
1812 before the expiration of the previous regulation; and
1813 (iii) notwithstanding Subsections (3)(b)(i) and (ii), is effective only as long as the
1814 Environmental Impact Statement or Major Investment Study is in progress.
1815 Section 17. Section 17-27a-507 is amended to read:
1816 17-27a-507. Exactions -- Exaction for water interest -- Requirement to offer to
1817 original owner property acquired by exaction.
1818 (1) A county may impose an exaction or exactions on development proposed in a land
1819 use application, including, subject to Subsection (3), an exaction for a water interest, if:
1820 (a) an essential link exists between a legitimate governmental interest and each
1821 exaction; and
1822 (b) each exaction is roughly proportionate, both in nature and extent, to the impact of
1823 the proposed development.
1824 (2) If a land use authority imposes an exaction for another governmental entity:
1825 (a) the governmental entity shall request the exaction; and
1826 (b) the land use authority shall transfer the exaction to the governmental entity for
1827 which it was exacted.
1828 (3) (a) (i) A county or, if applicable, the county's culinary water authority shall base any
1829 exaction for a water interest on the culinary water authority's established calculations of
1830 projected water interest requirements.
1831 (ii) Upon an applicant's request, the culinary water authority shall provide the applicant
1832 with the basis for the culinary water authority's calculations under Subsection (3)(a)(i) on
1833 which an exaction for a water interest is based.
1834 (b) A county or its culinary water authority may not impose an exaction for a water
1835 interest if the culinary water authority's existing available water interests exceed the water
1836 interests needed to meet the reasonable future water requirement of the public, as determined
1837 under Subsection 73-1-4(2)(f).
1838 (4) (a) If a county plans to dispose of surplus real property under Section 17-50-312
1839 that was acquired under this section and has been owned by the county for less than 15 years,
1840 the county shall first offer to reconvey the property, without receiving additional consideration,
1841 to the person who granted the property to the county.
1842 (b) A person to whom a county offers to reconvey property under Subsection (4)(a) has
1843 90 days to accept or reject the county's offer.
1844 (c) If a person to whom a county offers to reconvey property declines the offer, the
1845 county may offer the property for sale.
1846 (d) Subsection (4)(a) does not apply to the disposal of property acquired by exaction by
1847 a community development or urban renewal agency.
1848 (5) (a) A county may not, as part of an infrastructure improvement, require the
1849 installation of pavement on a residential roadway at a width in excess of 32 feet.
1850 (b) Subsection (5)(a) does not apply if a county requires the installation of pavement in
1851 excess of 32 feet:
1852 (i) in a vehicle turnaround area;
1853 (ii) in a cul-de-sac;
1854 (iii) to address specific traffic flow constraints at an intersection, mid-block crossings,
1855 or other areas;
1856 (iv) to address an applicable general or master plan improvement, including
1857 transportation, bicycle lanes, trails or other similar improvements that are not included within
1858 an impact fee area;
1859 (v) to address traffic flow constraints for service to or abutting higher density
1860 developments or uses that generate higher traffic volumes, including community centers,
1861 schools and other similar uses;
1862 (vi) as needed for the installation or location of a utility which is maintained by the
1863 county and is considered a transmission line or requires additional roadway width;
1864 (vii) for third-party utility lines that have an easement preventing the installation of
1865 utilities maintained by the county within the roadway;
1866 (viii) for utilities over 12 feet in depth;
1867 (ix) for roadways with a design speed that exceeds 25 miles per hour;
1868 (x) as needed for flood and stormwater routing;
1869 (xi) as needed to meet fire code requirements for parking and hydrants; or
1870 (xii) as needed to accommodate street parking.
1871 (c) Nothing in this section shall be construed to prevent a county from approving a
1872 road cross section with a pavement width less than 32 feet.
1873 (d) (i) A land use applicant may appeal a municipal requirement for pavement in
1874 excess of 32 feet on a residential roadway.
1875 (ii) A land use applicant that has appealed a municipal specification for a residential
1876 roadway pavement width in excess of 32 feet may request that the county assemble a panel of
1877 qualified experts to serve as the appeal authority for purposes of determining the technical
1878 aspects of the appeal.
1879 (iii) Unless otherwise agreed by the applicant and the county, the panel described in
1880 Subsection (5)(d)(ii) shall consist of the following three experts:
1881 (A) one licensed engineer, designated by the county;
1882 (B) one licensed engineer, designated by the land use applicant; and
1883 (C) one licensed engineer, agreed upon and designated by the two designated engineers
1884 under Subsections (5)(a)(d)(iii)(A) and (B).
1885 (iv) A member of the panel assembled by the county under Subsection (5)(d)(ii) may
1886 not have an interest in the application that is the subject of the appeal.
1887 (v) The land use applicant shall pay:
1888 (A) 50% of the cost of the panel; and
1889 (B) the county's published appeal fee.
1890 (vi) The decision of the panel is a final decision, subject to a petition for review under
1891 Subsection (5)(d)(vii).
1892 (vii) Pursuant to Section 17-27a-801, a land use applicant or the county may file a
1893 petition for review of the decision with the district court within 30 days after the date that the
1894 decision is final.
1895 Section 18. Section 17-27a-508 is amended to read:
1896 17-27a-508. Applicant's entitlement to land use application approval --
1897 Application relating to land in a high priority transportation corridor -- County's
1898 requirements and limitations -- Vesting upon submission of development plan and
1899 schedule.
1900 (1) (a) (i) An applicant who has submitted a complete land use application, including
1901 the payment of all application fees, is entitled to substantive review of the application under the
1902 land use regulations:
1903 (A) in effect on the date that the application is complete; and
1904 (B) applicable to the application or to the information shown on the submitted
1905 application.
1906 (ii) An applicant is entitled to approval of a land use application if the application
1907 conforms to the requirements of the applicable land use regulations, land use decisions, and
1908 development standards in effect when the applicant submits a complete application and pays all
1909 application fees, unless:
1910 (A) the land use authority, on the record, formally finds that a compelling,
1911 countervailing public interest would be jeopardized by approving the application and specifies
1912 the compelling, countervailing public interest in writing; or
1913 (B) in the manner provided by local ordinance and before the applicant submits the
1914 application, the county formally initiates proceedings to amend the county's land use
1915 regulations in a manner that would prohibit approval of the application as submitted.
1916 (b) The county shall process an application without regard to proceedings the county
1917 initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
1918 (i) 180 days have passed since the county initiated the proceedings; and
1919 (ii) (A) the proceedings have not resulted in an enactment that prohibits approval of the
1920 application as submitted[
1921 (B) during the 12 months prior to the county processing the application or multiple
1922 applications of the same type, the application is impaired or prohibited under the terms of a
1923 temporary land use regulation adopted under Section 17-27a-504.
1924 (c) A land use application is considered submitted and complete when the applicant
1925 provides the application in a form that complies with the requirements of applicable ordinances
1926 and pays all applicable fees.
1927 (d) The continuing validity of an approval of a land use application is conditioned upon
1928 the applicant proceeding after approval to implement the approval with reasonable diligence.
1929 (e) A county may not impose on an applicant who has submitted a complete
1930 application a requirement that is not expressed in:
1931 (i) [
1932 (ii) [
1933 application, subject to Subsection 17-27a-508(1)(a)(ii); or
1934 (iii) [
1935 development that is in effect on the date that the applicant submits an application.
1936 (f) A county may not impose on a holder of an issued land use permit or a final,
1937 unexpired subdivision plat a requirement that is not expressed:
1938 (i) in a land use permit;
1939 (ii) on the subdivision plat;
1940 (iii) in a document on which the land use permit or subdivision plat is based;
1941 (iv) in the written record evidencing approval of the land use permit or subdivision
1942 plat;
1943 (v) in this chapter; [
1944 (vi) in a county ordinance; or
1945 (vii) in a county specification for residential roadways in effect at the time a residential
1946 subdivision was approved.
1947 (g) Except as provided in Subsection (1)(h), a county may not withhold issuance of a
1948 certificate of occupancy or acceptance of subdivision improvements because of an applicant's
1949 failure to comply with a requirement that is not expressed:
1950 (i) in the building permit or subdivision plat, documents on which the building permit
1951 or subdivision plat is based, or the written record evidencing approval of the building permit or
1952 subdivision plat; or
1953 (ii) in this chapter or the county's ordinances.
1954 (h) A county may not unreasonably withhold issuance of a certificate of occupancy
1955 where an applicant has met all requirements essential for the public health, public safety, and
1956 general welfare of the occupants, in accordance with this chapter, unless:
1957 (i) the applicant and the county have agreed in a written document to the withholding
1958 of a certificate of occupancy; or
1959 (ii) the applicant has not provided a financial assurance for required and uncompleted
1960 [
1961 with an applicable ordinance that the legislative body adopts under this chapter.
1962 (2) A county is bound by the terms and standards of applicable land use regulations and
1963 shall comply with mandatory provisions of those regulations.
1964 (3) A county may not, as a condition of land use application approval, require a person
1965 filing a land use application to obtain documentation regarding a school district's willingness,
1966 capacity, or ability to serve the development proposed in the land use application.
1967 (4) Upon a specified public agency's submission of a development plan and schedule as
1968 required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,
1969 the specified public agency vests in the county's applicable land use maps, zoning map, hookup
1970 fees, impact fees, other applicable development fees, and land use regulations in effect on the
1971 date of submission.
1972 (5) (a) If sponsors of a referendum timely challenge a project in accordance with
1973 Subsection 20A-7-601(6), the project's affected owner may rescind the project's land use
1974 approval by delivering a written notice:
1975 (i) to the local clerk as defined in Section 20A-7-101; and
1976 (ii) no later than seven days after the day on which a petition for a referendum is
1977 determined sufficient under Subsection 20A-7-607(5).
1978 (b) Upon delivery of a written notice described in Subsection(5)(a) the following are
1979 rescinded and are of no further force or effect:
1980 (i) the relevant land use approval; and
1981 (ii) any land use regulation enacted specifically in relation to the land use approval.
1982 Section 19. Section 17-27a-528 is amended to read:
1983 17-27a-528. Development agreements.
1984 (1) Subject to Subsection (2), a county may enter into a development agreement
1985 containing any term that the county considers necessary or appropriate to accomplish the
1986 purposes of this chapter.
1987 (2) (a) A development agreement may not:
1988 (i) limit a county's authority in the future to:
1989 (A) enact a land use regulation; or
1990 (B) take any action allowed under Section 17-53-223;
1991 (ii) require a county to change the zoning designation of an area of land within the
1992 county in the future; or
1993 (iii) [
1994
1995 a use or development of land that applicable land use regulations governing the area subject to
1996 the development agreement would otherwise prohibit, unless the legislative body approves the
1997 development agreement in accordance with the same procedures for enacting a land use
1998 regulation under Section 17-27a-502, including a review and recommendation from the
1999 planning commission and a public hearing.
2000 (b) A development agreement that requires the implementation of an existing land use
2001 regulation as an administrative act does not require a legislative body's approval under Section
2002 17-27a-502.
2003 [
2004
2005 (c) (i) If a development agreement restricts an applicant's rights under clearly
2006 established state law, the county shall disclose in writing to the applicant the rights of the
2007 applicant the development agreement restricts.
2008 (ii) A county's failure to disclose in accordance with Subsection (2)(c)(i) voids any
2009 provision in the development agreement pertaining to the undisclosed rights.
2010 (d) A county may not require a development agreement as a condition for developing
2011 land if the county's land use regulations establish all applicable standards for development on
2012 the land.
2013 (e) To the extent that a development agreement does not specifically address a matter
2014 or concern related to land use or development, the matter or concern is governed by:
2015 (i) this chapter; and
2016 (ii) any applicable land use regulations.
2017 Section 20. Section 17-27a-530 is amended to read:
2018 17-27a-530. Regulation of building design elements prohibited -- Exceptions.
2019 (1) As used in this section, "building design element" means:
2020 (a) exterior color;
2021 (b) type or style of exterior cladding material;
2022 (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
2023 (d) exterior nonstructural architectural ornamentation;
2024 (e) location, design, placement, or architectural styling of a window or door;
2025 (f) location, design, placement, or architectural styling of a garage door, not including a
2026 rear-loading garage door;
2027 (g) number or type of rooms;
2028 (h) interior layout of a room;
2029 (i) minimum square footage over 1,000 square feet, not including a garage;
2030 (j) rear yard landscaping requirements;
2031 (k) minimum building dimensions; or
2032 (l) a requirement to install front yard fencing.
2033 (2) Except as provided in Subsection (3), a county may not impose a requirement for a
2034 building design element on a [
2035 (3) Subsection (2) does not apply to:
2036 (a) a dwelling located within an area designated as a historic district in:
2037 (i) the National Register of Historic Places;
2038 (ii) the state register as defined in Section 9-8-402; or
2039 (iii) a local historic district or area, or a site designated as a local landmark, created by
2040 ordinance before January 1, 2021, except as provided under Subsection (4)(b);
2041 (b) an ordinance enacted as a condition for participation in the National Flood
2042 Insurance Program administered by the Federal Emergency Management Agency;
2043 (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
2044 Interface Code adopted under Section 15A-2-103;
2045 (d) building design elements agreed to under a development agreement;
2046 (e) a dwelling located within an area that:
2047 (i) is zoned primarily for residential use; and
2048 (ii) was substantially developed before calendar year 1950;
2049 (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
2050 (g) an ordinance enacted to regulate type of cladding, in response to findings or
2051 evidence from the construction industry of:
2052 (i) defects in the material of existing cladding; or
2053 (ii) consistent defects in the installation of existing cladding; or
2054 (h) a land use regulation, including a planned unit development or overlay zone, that a
2055 property owner requests:
2056 (i) the county to apply to the owner's property; and
2057 (ii) in exchange for an increase in density or other benefit not otherwise available as a
2058 permitted use in the zoning area or district.
2059 Section 21. Section 17-27a-604.5 is amended to read:
2060 17-27a-604.5. Subdivision plat recording or development activity before required
2061 infrastructure is completed -- Improvement completion assurance -- Improvement
2062 warranty.
2063 (1) As used in this section, "public landscaping improvement" means landscaping that
2064 an applicant is required to install to comply with published installation and inspection
2065 specifications for public improvements that:
2066 (a) will be dedicated to and maintained by the county; or
2067 (b) are associated with and proximate to trail improvements that connect to planned or
2068 existing public infrastructure
2069 (2) A land use authority shall establish objective inspection standards for acceptance of
2070 a required [
2071 [
2072 the applicant shall:
2073 (i) complete any required [
2074 infrastructure improvements; or
2075 (ii) post an improvement completion assurance for any required [
2076 landscaping improvements or infrastructure improvements.
2077 (b) If an applicant elects to post an improvement completion assurance, the applicant
2078 shall provide completion assurance for:
2079 (i) completion of 100% of the required [
2080 or infrastructure improvements; or
2081 (ii) if the county has inspected and accepted a portion of the [
2082 landscaping improvements or infrastructure improvements, 100% of the incomplete or
2083 unaccepted [
2084 (c) A county shall:
2085 (i) establish a minimum of two acceptable forms of completion assurance;
2086 (ii) if an applicant elects to post an improvement completion assurance, allow the
2087 applicant to post an assurance that meets the conditions of this title, and any local ordinances;
2088 (iii) establish a system for the partial release of an improvement completion assurance
2089 as portions of required [
2090 improvements are completed and accepted in accordance with local ordinance; and
2091 (iv) issue or deny a building permit in accordance with Section 17-27a-802 based on
2092 the installation of [
2093 improvements.
2094 (d) A county may not require an applicant to post an improvement completion
2095 assurance for:
2096 (i) [
2097 infrastructure improvements that the county has previously inspected and accepted;
2098 (ii) infrastructure improvements that are private and not essential or required to meet
2099 the building code, fire code, flood or storm water management provisions, street and access
2100 requirements, or other essential necessary public safety improvements adopted in a land use
2101 regulation; or
2102 (iii) in a county where ordinances require all infrastructure improvements within the
2103 area to be private, infrastructure improvements within a development that the county requires
2104 to be private[
2105 (iv) landscaping improvements that are not public landscaping improvements, as
2106 defined in Section 17-27a-103, unless the landscaping improvements and completion assurance
2107 are required under the terms of a development agreement.
2108 (4) (a) Except as provided in Subsection (4)(c), as a condition for increased density or
2109 other entitlement benefit not currently available under the existing zone, a county may require a
2110 completion assurance bond for landscaped amenities and common area that are dedicated to
2111 and maintained by a homeowners association.
2112 (b) Any agreement regarding a completion assurance bond under Subsection (4)(a)
2113 between the applicant and the county shall be memorialized in a development agreement.
2114 (c) A county may not require a completion assurance bond for the landscaping of
2115 residential lots or the equivalent open space surrounding single family attached homes, whether
2116 platted as lots or common area.
2117 (5) The sum of the improvement completion assurance required under Subsections (3)
2118 and (4) may not exceed the sum of:
2119 (a) 100% of the estimated cost of the public landscaping improvements or
2120 infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's
2121 bid; and
2122 (b) 10% of the amount of the bond to cover administrative costs incurred by the county
2123 to complete the improvements, if necessary.
2124 [
2125 improvement or infrastructure improvement, and for the duration of each improvement
2126 warranty period, the land use authority may require the applicant to:
2127 (a) execute an improvement warranty for the improvement warranty period; and
2128 (b) post a cash deposit, surety bond, letter of credit, or other similar security, as
2129 required by the county, in the amount of up to 10% of the lesser of the:
2130 (i) county engineer's original estimated cost of completion; or
2131 (ii) applicant's reasonable proven cost of completion.
2132 [
2133 [
2134 development in accordance with [
2135 not deny an applicant a building permit if the development meets the requirements for the
2136 issuance of a building permit under the building code and fire code.
2137 [
2138 development agreement, an adopted phasing plan, or the state construction code.