1     
LOCAL LAND USE AND DEVELOPMENT REVISIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Stephen L. Whyte

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to local land use and development.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the penalties for noncompliance with the requirements applicable to a
13     political subdivision's moderate income housing report;
14          ▸     defines the circumstances under which a garage may be included in the definition of
15     an internal accessory dwelling unit;
16          ▸     amends a political subdivision's authority with respect to restrictions and
17     requirements for internal accessory dwelling units;
18          ▸     enacts a new process for subdivision review and approval; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          10-9a-408, as last amended by Laws of Utah 2022, Chapter 406
27          10-9a-530, as enacted by Laws of Utah 2021, Chapter 102
28          10-9a-608, as last amended by Laws of Utah 2022, Chapter 355
29          17-27a-408, as last amended by Laws of Utah 2022, Chapter 406
30          17-27a-526, as enacted by Laws of Utah 2021, Chapter 102
31          17-27a-608, as last amended by Laws of Utah 2022, Chapter 355
32          63I-2-210, as last amended by Laws of Utah 2022, Chapter 274
33          63I-2-217, as last amended by Laws of Utah 2022, Chapter 123
34     ENACTS:
35          10-9a-604.1, Utah Code Annotated 1953
36          10-9a-604.2, Utah Code Annotated 1953
37          10-9a-604.9, Utah Code Annotated 1953
38          17-27a-604.1, Utah Code Annotated 1953
39          17-27a-604.2, Utah Code Annotated 1953
40          17-27a-604.9, Utah Code Annotated 1953
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 10-9a-408 is amended to read:
44          10-9a-408. Moderate income housing report -- Contents -- Prioritization for
45     funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
46          (1) As used in this section:
47          (a) "Division" means the Housing and Community Development Division within the
48     Department of Workforce Services.
49          (b) "Implementation plan" means the implementation plan adopted as part of the
50     moderate income housing element of a specified municipality's general plan as provided in
51     Subsection 10-9a-403(2)(c).
52          (c) "Moderate income housing report" or "report" means the report described in
53     Subsection (2)(a).
54          (d) "Moderate income housing strategy" means a strategy described in Subsection
55     10-9a-403(2)(b)(iii).
56          (e) "Specified municipality" means:
57          (i) a city of the first, second, third, or fourth class;
58          (ii) a city of the fifth class with a population of 5,000 or more, if the city is located
59     within a county of the first, second, or third class; or
60          (iii) a metro township with a population of 5,000 or more.
61          (2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
62     body of a specified municipality shall annually submit a written moderate income housing
63     report to the division.
64          (b) The moderate income housing report submitted in 2022 shall include:
65          (i) a description of each moderate income housing strategy selected by the specified
66     municipality for implementation; and
67          (ii) an implementation plan.
68          (c) The moderate income housing report submitted in each calendar year after 2022
69     shall include:
70          (i) the information required under Subsection (2)(b);
71          (ii) a description of each action, whether one-time or ongoing, taken by the specified
72     municipality during the previous fiscal year to implement the moderate income housing
73     strategies selected by the specified municipality for implementation;
74          (iii) a description of each land use regulation or land use decision made by the
75     specified municipality during the previous fiscal year to implement the moderate income
76     housing strategies, including an explanation of how the land use regulation or land use decision
77     supports the specified municipality's efforts to implement the moderate income housing
78     strategies;
79          (iv) a description of any barriers encountered by the specified municipality in the
80     previous fiscal year in implementing the moderate income housing strategies;
81          (v) information regarding the number of internal and external or detached accessory
82     dwelling units located within the specified municipality for which the specified municipality:
83          (A) issued a building permit to construct; or
84          (B) issued a business license to rent;
85          (vi) a description of how the market has responded to the selected moderate income
86     housing strategies, including the number of entitled moderate income housing units or other
87     relevant data; and
88          (vii) any recommendations on how the state can support the specified municipality in
89     implementing the moderate income housing strategies.
90          (d) The moderate income housing report shall be in a form:
91          (i) approved by the division; and
92          (ii) made available by the division on or before July 1 of the year in which the report is
93     required.
94          (3) Within 90 days after the day on which the division receives a specified
95     municipality's moderate income housing report, the division shall:
96          (a) post the report on the division's website;
97          (b) send a copy of the report to the Department of Transportation, the Governor's
98     Office of Planning and Budget, the association of governments in which the specified
99     municipality is located, and, if the specified municipality is located within the boundaries of a
100     metropolitan planning organization, the appropriate metropolitan planning organization; and
101          (c) subject to Subsection (4), review the report to determine compliance with
102     Subsection (2).
103          (4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
104     report:
105          (i) includes the information required under Subsection (2)(b);
106          (ii) demonstrates to the division that the specified municipality made plans to
107     implement:
108          (A) three or more moderate income housing strategies if the specified municipality
109     does not have a fixed guideway public transit station; or
110          (B) subject to Subsection 10-9a-403(2)(b)(iv), five or more moderate income housing
111     strategies if the specified municipality has a fixed guideway public transit station; and
112          (iii) is in a form approved by the division.
113          (b) The report described in Subsection (2)(c) complies with Subsection (2) if the
114     report:
115          (i) includes the information required under Subsection (2)(c);
116          (ii) demonstrates to the division that the specified municipality made plans to
117     implement:
118          (A) three or more moderate income housing strategies if the specified municipality
119     does not have a fixed guideway public transit station; or
120          (B) four or more moderate income housing strategies if the specified municipality has a
121     fixed guideway public transit station;
122          (iii) is in a form approved by the division; and
123          (iv) provides sufficient information for the division to:
124          (A) assess the specified municipality's progress in implementing the moderate income
125     housing strategies;
126          (B) monitor compliance with the specified municipality's implementation plan;
127          (C) identify a clear correlation between the specified municipality's land use
128     regulations and land use decisions and the specified municipality's efforts to implement the
129     moderate income housing strategies; and
130          (D) identify how the market has responded to the specified municipality's selected
131     moderate income housing strategies.
132          (5) (a) A specified municipality qualifies for priority consideration under this
133     Subsection (5) if the specified municipality's moderate income housing report:
134          (i) complies with Subsection (2); and
135          (ii) demonstrates to the division that the specified municipality made plans to
136     implement:
137          (A) five or more moderate income housing strategies if the specified municipality does
138     not have a fixed guideway public transit station; or
139          (B) six or more moderate income housing strategies if the specified municipality has a
140     fixed guideway public transit station.
141          [(b) The following apply to a specified municipality described in Subsection (5)(a)
142     during the fiscal year immediately following the fiscal year in which the report is required:]
143          [(i) the Transportation Commission may give priority consideration to transportation
144     projects located within the boundaries of the specified municipality in accordance with
145     Subsection 72-1-304(3)(c); and]
146          [(ii) the Governor's Office of Planning and Budget may give priority consideration for
147     awarding financial grants to the specified municipality under the COVID-19 Local Assistance
148     Matching Grant Program in accordance with Subsection 63J-4-802(6).]
149          (b) The Transportation Commission may give priority consideration to transportation
150     projects located within the boundaries of a specified municipality described in Subsection
151     (5)(a) during the fiscal year immediately following the fiscal year in which the report is
152     required, in accordance with Subsection 72-1-304(3)(c).
153          (c) Upon determining that a specified municipality qualifies for priority consideration
154     under this Subsection (5), the division shall send a notice of prioritization to the legislative
155     body of the specified municipality[,] and the Department of Transportation[, and the
156     Governor's Office of Planning and Budget].
157          (d) The notice described in Subsection (5)(c) shall:
158          (i) name the specified municipality that qualifies for priority consideration;
159          (ii) describe the funds or projects for which the specified municipality qualifies to
160     receive priority consideration;
161          (iii) specify the fiscal year during which the specified municipality qualifies for priority
162     consideration; and
163          (iv) state the basis for the division's determination that the specified municipality
164     qualifies for priority consideration.
165          (6) (a) If the division, after reviewing a specified municipality's moderate income
166     housing report, determines that the report does not comply with Subsection (2), the division
167     shall send a notice of noncompliance to the legislative body of the specified municipality.
168          (b) The notice described in Subsection (6)(a) shall:
169          (i) describe each deficiency in the report and the actions needed to cure each
170     deficiency;
171          (ii) state that the specified municipality has an opportunity to cure the deficiencies
172     within 90 days after the day on which the notice is sent; and
173          (iii) state that failure to cure the deficiencies within 90 days after the day on which the
174     notice is sent will result in ineligibility for funds and fees owed under Subsection (7).
175          (7) (a) A specified municipality is ineligible for funds and owes a fee under this
176     Subsection (7) if the specified municipality:
177          (i) fails to submit a moderate income housing report to the division; or
178          (ii) fails to cure the deficiencies in the specified municipality's moderate income
179     housing report within 90 days after the day on which the division sent to the specified
180     municipality a notice of noncompliance under Subsection (6).
181          (b) The following apply to a specified municipality described in Subsection (7)(a)
182     during the fiscal year immediately following the fiscal year in which the report is required:
183          (i) the executive director of the Department of Transportation may not program funds
184     from the Transportation Investment Fund of 2005, including the Transit Transportation
185     Investment Fund, to projects located within the boundaries of the specified municipality in
186     accordance with Subsection 72-2-124(5); [and]
187          [(ii) the Governor's Office of Planning and Budget may not award financial grants to
188     the specified municipality under the COVID-19 Local Assistance Matching Grant Program in
189     accordance with Subsection 63J-4-802(7).]
190          (ii) beginning with a report submitted in 2024, the specified municipality shall pay a
191     fee to the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified
192     municipality:
193          (A) fails to submit the report to the division in accordance with this section, beginning
194     the day after the day on which the report was due; or
195          (B) fails to cure the deficiencies in the report, beginning the day after the day by which
196     the cure was required to occur as described in the notice of noncompliance under Subsection
197     (6); and
198          (iii) beginning with the report submitted in 2025, the specified municipality shall pay a
199     fee to the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified
200     municipality, in a consecutive year:
201          (A) fails to submit the report to the division in accordance with this section, beginning
202     the day after the day on which the report was due; or
203          (B) fails to cure the deficiencies in the report, beginning the day after the day by which
204     the cure was required to occur as described in the notice of noncompliance under Subsection
205     (6).
206          (c) Upon determining that a specified municipality is ineligible for funds under this
207     Subsection (7), and is required to pay a fee under Subsection (7)(b), if applicable, the division
208     shall send a notice of ineligibility to the legislative body of the specified municipality, the
209     Department of Transportation, and the Governor's Office of Planning and Budget.
210          (d) The notice described in Subsection (7)(c) shall:
211          (i) name the specified municipality that is ineligible for funds;
212          (ii) describe the funds for which the specified municipality is ineligible to receive;
213          (iii) describe the fee the specified municipality is required to pay under Subsection
214     (7)(b), if applicable;
215          [(iii)] (iv) specify the fiscal year during which the specified municipality is ineligible
216     for funds; and
217          [(iv)] (v) state the basis for the division's determination that the specified municipality
218     is ineligible for funds.
219          (e) The division may not determine that a specified municipality that is required to pay
220     a fee under Subsection (7)(b) is in compliance with the reporting requirements of this section
221     until the specified municipality pays all outstanding fees required under Subsection (7)(b) to
222     the Olene Walker Housing Loan Fund, created under Title 35A, Chapter 8, Part 5, Olene
223     Walker Housing Loan Fund.
224          (8) In a civil action seeking enforcement or claiming a violation of this section or of
225     Subsection 10-9a-404(4)(c), a plaintiff may not recover damages but may be awarded only
226     injunctive or other equitable relief.
227          Section 2. Section 10-9a-530 is amended to read:
228          10-9a-530. Internal accessory dwelling units.
229          (1) As used in this section:
230          (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
231          (i) within a primary dwelling;
232          (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
233     time the internal accessory dwelling unit is created; and
234          (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
235          (b) (i) "Primary dwelling" means a single-family dwelling that:
236          [(i)] (A) is detached; and
237          [(ii)] (B) is occupied as the primary residence of the owner of record.
238          (ii) "Primary dwelling" includes a garage if the garage:
239          (A) is a habitable space; and
240          (B) is connected to the primary dwelling by a common wall.
241          (2) In any area zoned primarily for residential use:
242          (a) the use of an internal accessory dwelling unit is a permitted use; [and]
243          (b) except as provided in Subsections (3) and (4), a municipality may not establish any
244     restrictions or requirements for the construction or use of one internal accessory dwelling unit
245     within a primary dwelling, including a restriction or requirement governing:
246          (i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
247          (ii) total lot size; [or]
248          (iii) street frontage[.]; or
249          (iv) internal connectivity; and
250          (c) a municipality's regulation of architectural elements for internal accessory dwelling
251     units shall be consistent with the regulation of single-family units, including single-family units
252     located in historic districts.
253          (3) An internal accessory dwelling unit shall comply with all applicable building,
254     health, and fire codes.
255          (4) A municipality may:
256          (a) prohibit the installation of a separate utility meter for an internal accessory dwelling
257     unit;
258          (b) require that an internal accessory dwelling unit be designed in a manner that does
259     not change the appearance of the primary dwelling as a single-family dwelling;
260          (c) require a primary dwelling:
261          (i) regardless of whether the primary dwelling is existing or new construction, to
262     include one additional on-site parking space for an internal accessory dwelling unit, [regardless
263     of whether the primary dwelling is existing or new construction] in addition to the parking
264     spaces required under the municipality's land use regulation, except that if the municipality's
265     land use ordinance requires four off-street parking spaces, the municipality may not require the
266     additional space contemplated under this Subsection (4)(c)(i); and
267          (ii) to replace any parking spaces contained within a garage or carport if an internal
268     accessory dwelling unit is created within the garage or carport and is a habitable space;
269          (d) prohibit the creation of an internal accessory dwelling unit within a mobile home as
270     defined in Section 57-16-3;
271          (e) require the owner of a primary dwelling to obtain a permit or license for renting an
272     internal accessory dwelling unit;
273          (f) prohibit the creation of an internal accessory dwelling unit within a zoning district
274     covering an area that is equivalent to:
275          (i) 25% or less of the total area in the municipality that is zoned primarily for
276     residential use, except that the municipality may not prohibit newly constructed internal
277     accessory dwelling units that:
278          (A) have a final plat approval dated on or after October 1, 2021; and
279          (B) comply with applicable land use regulations; or
280          (ii) 67% or less of the total area in the municipality that is zoned primarily for
281     residential use, if the main campus of a state or private university with a student population of
282     10,000 or more is located within the municipality;
283          (g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling
284     is served by a failing septic tank;
285          (h) prohibit the creation of an internal accessory dwelling unit if the lot containing the
286     primary dwelling is 6,000 square feet or less in size;
287          (i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a
288     period of less than 30 consecutive days;
289          (j) prohibit the rental of an internal accessory dwelling unit if the internal accessory
290     dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
291          (k) hold a lien against a property that contains an internal accessory dwelling unit in
292     accordance with Subsection (5); and
293          (l) record a notice for an internal accessory dwelling unit in accordance with
294     Subsection (6).
295          (5) (a) In addition to any other legal or equitable remedies available to a municipality, a
296     municipality may hold a lien against a property that contains an internal accessory dwelling
297     unit if:
298          (i) the owner of the property violates any of the provisions of this section or any
299     ordinance adopted under Subsection (4);
300          (ii) the municipality provides a written notice of violation in accordance with
301     Subsection (5)(b);
302          (iii) the municipality holds a hearing and determines that the violation has occurred in
303     accordance with Subsection (5)(d), if the owner files a written objection in accordance with
304     Subsection (5)(b)(iv);
305          (iv) the owner fails to cure the violation within the time period prescribed in the
306     written notice of violation under Subsection (5)(b);
307          (v) the municipality provides a written notice of lien in accordance with Subsection
308     (5)(c); and
309          (vi) the municipality records a copy of the written notice of lien described in
310     Subsection [(5)(a)(iv)] (5)(a)(v) with the county recorder of the county in which the property is
311     located.
312          (b) The written notice of violation shall:
313          (i) describe the specific violation;
314          (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
315     to cure the violation that is:
316          (A) no less than 14 days after the day on which the municipality sends the written
317     notice of violation, if the violation results from the owner renting or offering to rent the internal
318     accessory dwelling unit for a period of less than 30 consecutive days; or
319          (B) no less than 30 days after the day on which the municipality sends the written
320     notice of violation, for any other violation;
321          (iii) state that if the owner of the property fails to cure the violation within the time
322     period described in Subsection (5)(b)(ii), the municipality may hold a lien against the property
323     in an amount of up to $100 for each day of violation after the day on which the opportunity to
324     cure the violation expires;
325          (iv) notify the owner of the property:
326          (A) that the owner may file a written objection to the violation within 14 days after the
327     day on which the written notice of violation is post-marked or posted on the property; and
328          (B) of the name and address of the municipal office where the owner may file the
329     written objection;
330          (v) be mailed to:
331          (A) the property's owner of record; and
332          (B) any other individual designated to receive notice in the owner's license or permit
333     records; and
334          (vi) be posted on the property.
335          (c) The written notice of lien shall:
336          (i) comply with the requirements of Section 38-12-102;
337          (ii) state that the property is subject to a lien;
338          (iii) specify the lien amount, in an amount of up to $100 for each day of violation after
339     the day on which the opportunity to cure the violation expires;
340          (iv) be mailed to:
341          (A) the property's owner of record; and
342          (B) any other individual designated to receive notice in the owner's license or permit
343     records; and
344          (v) be posted on the property.
345          (d) (i) If an owner of property files a written objection in accordance with Subsection
346     (5)(b)(iv), the municipality shall:
347          (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
348     Act, to conduct a review and determine whether the specific violation described in the written
349     notice of violation under Subsection (5)(b) has occurred; and
350          (B) notify the owner in writing of the date, time, and location of the hearing described
351     in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
352          (ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
353     municipality may not record a lien under this Subsection (5) until the municipality holds a
354     hearing and determines that the specific violation has occurred.
355          (iii) If the municipality determines at the hearing that the specific violation has
356     occurred, the municipality may impose a lien in an amount of up to $100 for each day of
357     violation after the day on which the opportunity to cure the violation expires, regardless of
358     whether the hearing is held after the day on which the opportunity to cure the violation has
359     expired.
360          (e) If an owner cures a violation within the time period prescribed in the written notice
361     of violation under Subsection (5)(b), the municipality may not hold a lien against the property,
362     or impose any penalty or fee on the owner, in relation to the specific violation described in the
363     written notice of violation under Subsection (5)(b).
364          (6) (a) A municipality that issues, on or after October 1, 2021, a permit or license to an
365     owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
366     an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
367     notice in the office of the recorder of the county in which the primary dwelling is located.
368          (b) The notice described in Subsection (6)(a) shall include:
369          (i) a description of the primary dwelling;
370          (ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
371     and
372          (iii) a statement that the internal accessory dwelling unit may only be used in
373     accordance with the municipality's land use regulations.
374          (c) The municipality shall, upon recording the notice described in Subsection (6)(a),
375     deliver a copy of the notice to the owner of the internal accessory dwelling unit.
376          Section 3. Section 10-9a-604.1 is enacted to read:
377          10-9a-604.1. Process for subdivision review and approval.
378          (1) (a) As used in this section, an "administrative land use authority" means an
379     individual, board, or commission, appointed or employed by a municipality, including
380     municipal staff or a municipal planning commission.
381          (b) "Administrative land use authority" does not include a municipal legislative body
382     or a member of a municipal legislative body.
383          (2) (a) This section applies to land use decisions arising from subdivision applications
384     for single-family dwellings, two-family dwellings, or townhomes.
385          (b) This section does not apply to land use regulations adopted, approved, or agreed
386     upon by a legislative body exercising land use authority in the review of land use applications
387     for zoning or other land use regulation approvals.
388          (3) A municipal ordinance governing the subdivision of land shall:
389          (a) comply with this section, and establish a standard method and form of application
390     for preliminary subdivision applications and final subdivision applications; and
391          (b) (i) designate a single administrative land use authority for the review of preliminary
392     applications to subdivide land; or
393          (ii) if the municipality has adopted an ordinance that establishes a separate procedure
394     for the review and approval of subdivisions under Section 10-9a-605, the municipality may
395     designate a different and separate administrative land use authority for the approval of
396     subdivisions under Section 10-9a-605.
397          (4) (a) If an applicant requests a pre-application meeting, the municipality shall, within
398     15 business days after the request, schedule the meeting to review the concept plan and give
399     initial feedback.
400          (b) At the pre-application meeting, the municipal staff shall provide or have available
401     on the municipal website the following:
402          (i) copies of applicable land use regulations;
403          (ii) a complete list of standards required for the project;
404          (iii) preliminary and final application checklists; and
405          (iv) feedback on the concept plan.
406          (5) A preliminary subdivision application shall comply with all applicable municipal
407     ordinances and requirements of this section.
408          (6) An administrative land use authority may complete a preliminary subdivision
409     application review in a public meeting or at a municipal staff level.
410          (7) With respect to a preliminary application to subdivide land, an administrative land
411     use authority may:
412          (a) receive public comment; and
413          (b) hold no more than one public hearing.
414          (8) If a preliminary subdivision application complies with the applicable municipal
415     ordinances and the requirements of this section, the administrative land use authority shall
416     approve the preliminary subdivision application.
417          (9) A municipality shall review and approve or deny a final subdivision plat
418     application in accordance with the provisions of this section and municipal ordinances, which:
419          (a) may permit concurrent processing of the final subdivision plat application with the
420     preliminary subdivision plat application; and
421          (b) may not require planning commission or city council approval.
422          (10) If a final subdivision application complies with the requirements of this section,
423     the applicable municipal ordinances, and the preliminary subdivision approval granted under
424     Subsection (9)(a), a municipality shall approve the final subdivision application.
425          Section 4. Section 10-9a-604.2 is enacted to read:
426          10-9a-604.2. Review of subdivision land use applications and subdivision
427     improvement plans.
428          (1) As used in this section:
429          (a) "Review cycle" means the occurrence of:
430          (i) the applicant's submittal of a complete subdivision land use application;
431          (ii) the municipality's review of that subdivision land use application;
432          (iii) the municipality's response to that subdivision land use application, in accordance
433     with this section; and
434          (iv) the applicant's reply to the municipality's response that addresses each of the
435     municipality's required modifications or requests for additional information.
436          (b) "Subdivision improvement plans" means the civil engineering plans associated with
437     required infrastructure and municipally controlled utilities required for a subdivision.
438          (c) "Subdivision ordinance review" means review by a municipality to verify that a
439     subdivision land use application meets the criteria of the municipality's subdivision ordinances.
440          (d) "Subdivision plan review" means a review of the applicant's subdivision
441     improvement plans and other aspects of the subdivision land use application to verify that the
442     application complies with municipal ordinances and applicable standards and specifications.
443          (2) The review cycle restrictions and requirements of this section do not apply to the
444     review of subdivision applications affecting property within identified geological hazard areas.
445          (3) (a) No later than 15 business days after the day on which an applicant submits a
446     complete preliminary subdivision land use application for a residential subdivision for
447     single-family dwellings, two-family dwellings, or townhomes, the municipality shall complete
448     the initial review of the application, including subdivision improvement plans.
449          (b) A municipality shall maintain and publish a list of the items comprising the
450     complete preliminary subdivision land use application, including:
451          (i) the application;
452          (ii) the owner's affidavit;
453          (iii) an electronic copy of all plans in PDF format;
454          (iv) the preliminary subdivision plat drawings; and
455          (v) a breakdown of fees due upon approval of the application.
456          (4) (a) A municipality shall publish a list of the items that comprise a complete final
457     subdivision land use application.
458          (b) No later than 20 business days after the day on which an applicant submits a plat,
459     the municipality shall complete a review of the applicant's final subdivision land use
460     application for a residential subdivision for single-family dwellings, two-family dwellings, or
461     townhomes, including all subdivision plan reviews.
462          (5) (a) In reviewing a subdivision land use application, a municipality may require:
463          (i) additional information relating to an applicant's plans to ensure compliance with
464     municipal ordinances and approved standards and specifications for construction of public
465     improvements; and
466          (ii) modifications to plans that do not meet current ordinances, applicable standards or
467     specifications, or do not contain complete information.
468          (b) A municipality's request for additional information or modifications to plans under
469     Subsection (5)(a)(i) or (ii) shall be specific and include citations to ordinances, standards, or
470     specifications that require the modifications to plans, and shall be logged in an index of
471     requested modifications or additions.
472          (c) A municipality may not require more than four review cycles.
473          (d) (i) Subject to Subsection (5)(d)(ii), unless the change or correction is necessitated
474     by the applicant's adjustment to a plan set or an update to a phasing plan that adjusts the
475     infrastructure needed for the specific development, a change or correction not addressed or
476     referenced in a municipality's plan review is waived.
477          (ii) A modification or correction necessary to protect public health and safety or to
478     enforce state or federal law may not be waived.
479          (iii) If an applicant makes a material change to a plan set, the municipality has the
480     discretion to restart the review process at the first review of the final application, but only with
481     respect to the portion of the plan set that the material change substantively effects.
482          (e) If an applicant does not submit a revised plan within 20 business days after the
483     municipality requires a modification or correction, the municipality shall have an additional 20
484     business days to respond to the plans.
485          (6) After the applicant has responded to the final review cycle, and the applicant has
486     complied with each modification requested in the municipality's previous review cycle, the
487     municipality may not require additional revisions if the applicant has not materially changed
488     the plan, other than changes that were in response to requested modifications or corrections.
489          (7) (a) In addition to revised plans, an applicant shall provide a written explanation in
490     response to the municipality's review comments, identifying and explaining the applicant's
491     revisions and reasons for declining to make revisions, if any.
492          (b) The applicant's written explanation shall be comprehensive and specific, including
493     citations to applicable standards and ordinances for the design and an index of requested
494     revisions or additions for each required correction.
495          (c) If an applicant fails to address a review comment in the response, the review cycle
496     is not complete and the subsequent review cycle may not begin until all comments are
497     addressed.
498          (8) (a) If, on the fourth or final review, a municipality fails to respond within 20
499     business days, the municipality shall, upon request of the property owner, and within 10
500     business days after the day on which the request is received:
501          (i) for a dispute arising from the subdivision improvement plans, assemble an appeal
502     panel in accordance with Subsection 10-9a-508(5)(d) to review and approve or deny the final
503     revised set of plans; or
504          (ii) for a dispute arising from the subdivision ordinance review, advise the applicant, in
505     writing, of the deficiency in the application and of the right to appeal the determination to a
506     designated appeal authority.
507          Section 5. Section 10-9a-604.9 is enacted to read:
508          10-9a-604.9. Effective dates of Sections 10-9a-604.1 and 10-9a-604.2.
509          (1) Except as provided in Subsection (2), Sections 10-9a-604.1 and 10-9a-604.2 do not
510     apply until December 31, 2024.
511          (2) For a specified municipality, as defined in Section 10-9a-408, Sections 10-9a-604.1
512     and 10-9a-604.2 do not apply until February 1, 2024.
513          Section 6. Section 10-9a-608 is amended to read:
514          10-9a-608. Subdivision amendments.
515          (1) (a) A fee owner of land, as shown on the last county assessment roll, in a
516     subdivision that has been laid out and platted as provided in this part may file a written petition
517     with the land use authority to request a subdivision amendment.
518          (b) Upon filing a written petition to request a subdivision amendment under Subsection
519     (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
520     accordance with Section 10-9a-603 that:
521          (i) depicts only the portion of the subdivision that is proposed to be amended;
522          (ii) includes a plat name distinguishing the amended plat from the original plat;
523          (iii) describes the differences between the amended plat and the original plat; and
524          (iv) includes references to the original plat.
525          (c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
526     notice of the petition by mail, email, or other effective means to each affected entity that
527     provides a service to an owner of record of the portion of the plat that is being vacated or
528     amended at least 10 calendar days before the land use authority may approve the petition for a
529     subdivision amendment.
530          (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
531     public hearing within 45 days after the day on which the petition is filed if:
532          (i) any owner within the plat notifies the municipality of the owner's objection in
533     writing within 10 days of mailed notification; or
534          (ii) a public hearing is required because all of the owners in the subdivision have not
535     signed the revised plat.
536          (e) A land use authority may not approve a petition for a subdivision amendment under
537     this section unless the amendment identifies and preserves any easements owned by a culinary
538     water authority and sanitary sewer authority for existing facilities located within the
539     subdivision.
540          (2) The public hearing requirement of Subsection (1)(d) does not apply and a land use
541     authority may consider at a public meeting an owner's petition for a subdivision amendment if:
542          (a) the petition seeks to:
543          (i) join two or more of the petitioner fee owner's contiguous lots;
544          (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
545     result in a violation of a land use ordinance or a development condition;
546          (iii) adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the
547     fee owners of each of the adjoining properties join in the petition, regardless of whether the
548     properties are located in the same subdivision;
549          (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
550     imposed by the local political subdivision; or
551          (v) alter the plat in a manner that does not change existing boundaries or other
552     attributes of lots within the subdivision that are not:
553          (A) owned by the petitioner; or
554          (B) designated as a common area; and
555          (b) notice has been given to adjoining property owners in accordance with any
556     applicable local ordinance.
557          (3) A petition under Subsection (1)(a) that contains a request to amend a public street
558     or municipal utility easement is also subject to Section 10-9a-609.5.
559          (4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
560     a portion of a plat shall include:
561          (a) the name and address of each owner of record of the land contained in the entire
562     plat or on that portion of the plat described in the petition; and
563          (b) the signature of each owner described in Subsection (4)(a) who consents to the
564     petition.
565          (5) (a) The owners of record of adjoining properties where one or more of the
566     properties is a lot may exchange title to portions of those [parcels] properties if the exchange of
567     title is approved by the land use authority as a lot line adjustment in accordance with
568     Subsection (5)(b).
569          (b) The land use authority shall approve [an exchange of title] a lot line adjustment
570     under Subsection (5)(a) if the exchange of title will not result in a violation of any land use
571     ordinance.
572          (c) If [an exchange of title] a lot line adjustment is approved under Subsection (5)(b):
573          (i) a notice of lot line adjustment approval shall be recorded in the office of the county
574     recorder which:
575          (A) is [executed] approved by [each owner included in the exchange and by] the land
576     use authority; and
577          [(B) contains an acknowledgment for each party executing the notice in accordance
578     with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and]
579          [(C)] (B) recites the legal descriptions of both the original properties and the properties
580     resulting from the exchange of title; and
581          (ii) a document of conveyance shall be recorded in the office of the county recorder
582     [with an amended plat].
583          (d) A notice of approval recorded under this Subsection (5) does not act as a
584     conveyance of title to real property and is not required in order to record a document conveying
585     title to real property.
586          (6) (a) The name of a recorded subdivision may be changed by recording an amended
587     plat making that change, as provided in this section and subject to Subsection (6)(c).
588          (b) The surveyor preparing the amended plat shall certify that the surveyor:
589          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
590     Professional Land Surveyors Licensing Act;
591          (ii) (A) has completed a survey of the property described on the plat in accordance with
592     Section 17-23-17 and has verified all measurements; or
593          (B) has referenced a record of survey map of the existing property boundaries shown
594     on the plat and verified the locations of the boundaries; and
595          (iii) has placed monuments as represented on the plat.
596          (c) An owner of land may not submit for recording an amended plat that gives the
597     subdivision described in the amended plat the same name as a subdivision in a plat already
598     recorded in the county recorder's office.
599          (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
600     document that purports to change the name of a recorded plat is void.
601          Section 7. Section 17-27a-408 is amended to read:
602          17-27a-408. Moderate income housing report -- Contents -- Prioritization for
603     funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
604          (1) As used in this section:
605          (a) "Division" means the Housing and Community Development Division within the
606     Department of Workforce Services.
607          (b) "Implementation plan" means the implementation plan adopted as part of the
608     moderate income housing element of a specified county's general plan as provided in
609     Subsection [10-9a-403(2)(c)] 17-27a-401(3)(a).
610          (c) "Moderate income housing report" or "report" means the report described in
611     Subsection (2)(a).
612          (d) "Moderate income housing strategy" means a strategy described in Subsection
613     17-27a-403(2)(b)(ii).
614          (e) "Specified county" means a county of the first, second, or third class, which has a
615     population of more than 5,000 in the county's unincorporated areas.
616          (2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
617     body of a specified county shall annually submit a written moderate income housing report to
618     the division.
619          (b) The moderate income housing report submitted in 2022 shall include:
620          (i) a description of each moderate income housing strategy selected by the specified
621     county for implementation; and
622          (ii) an implementation plan.
623          (c) The moderate income housing report submitted in each calendar year after 2022
624     shall include:
625          (i) the information required under Subsection (2)(b);
626          (ii) a description of each action, whether one-time or ongoing, taken by the specified
627     county during the previous fiscal year to implement the moderate income housing strategies
628     selected by the specified county for implementation;
629          (iii) a description of each land use regulation or land use decision made by the
630     specified county during the previous fiscal year to implement the moderate income housing
631     strategies, including an explanation of how the land use regulation or land use decision
632     supports the specified county's efforts to implement the moderate income housing strategies;
633          (iv) a description of any barriers encountered by the specified county in the previous
634     fiscal year in implementing the moderate income housing strategies; and
635          (v) information regarding the number of internal and external or detached accessory
636     dwelling units located within the specified county for which the specified county:
637          (A) issued a building permit to construct; or
638          (B) issued a business license to rent;
639          (vi) a description of how the market has responded to the selected moderate income
640     housing strategies, including the number of entitled moderate income housing units or other
641     relevant data; and
642          (vii) any recommendations on how the state can support the specified county in
643     implementing the moderate income housing strategies.
644          (d) The moderate income housing report shall be in a form:
645          (i) approved by the division; and
646          (ii) made available by the division on or before July 1 of the year in which the report is
647     required.
648          (3) Within 90 days after the day on which the division receives a specified county's
649     moderate income housing report, the division shall:
650          (a) post the report on the division's website;
651          (b) send a copy of the report to the Department of Transportation, the Governor's
652     Office of Planning and Budget, the association of governments in which the specified county is
653     located, and, if the unincorporated area of the specified county is located within the boundaries
654     of a metropolitan planning organization, the appropriate metropolitan planning organization;
655     and
656          (c) subject to Subsection (4), review the report to determine compliance with
657     Subsection (2).
658          (4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
659     report:
660          (i) includes the information required under Subsection (2)(b);
661          (ii) demonstrates to the division that the specified county made plans to implement
662     three or more moderate income housing strategies; and
663          (iii) is in a form approved by the division.
664          (b) The report described in Subsection (2)(c) complies with Subsection (2) if the
665     report:
666          (i) includes the information required under Subsection (2)(c);
667          (ii) demonstrates to the division that the specified county made plans to implement
668     three or more moderate income housing strategies;
669          (iii) is in a form approved by the division; and
670          (iv) provides sufficient information for the division to:
671          (A) assess the specified county's progress in implementing the moderate income
672     housing strategies;
673          (B) monitor compliance with the specified county's implementation plan;
674          (C) identify a clear correlation between the specified county's land use decisions and
675     efforts to implement the moderate income housing strategies; and
676          (D) identify how the market has responded to the specified county's selected moderate
677     income housing strategies.
678          (5) (a) A specified county qualifies for priority consideration under this Subsection (5)
679     if the specified county's moderate income housing report:
680          (i) complies with Subsection (2); and
681          (ii) demonstrates to the division that the specified county made plans to implement five
682     or more moderate income housing strategies.
683          [(b) The following apply to a specified county described in Subsection (5)(a) during the
684     fiscal year immediately following the fiscal year in which the report is required:]
685          [(i) the Transportation Commission may give priority consideration to transportation
686     projects located within the unincorporated areas of the specified county in accordance with
687     Subsection 72-1-304(3)(c); and]
688          [(ii) the Governor's Office of Planning and Budget may give priority consideration for
689     awarding financial grants to the specified county under the COVID-19 Local Assistance
690     Matching Grant Program in accordance with Subsection 63J-4-802(6).]
691          (b) The Transportation Commission may give priority consideration to transportation
692     projects located within the boundaries of a specified county described in Subsection (5)(a)
693     during the fiscal year immediately following the fiscal year in which the report is required, in
694     accordance with Subsection 72-1-304(3)(c).
695          (c) Upon determining that a specified county qualifies for priority consideration under
696     this Subsection (5), the division shall send a notice of prioritization to the legislative body of
697     the specified county[,] and the Department of Transportation[, and the Governor's Office of
698     Planning and Budget].
699          (d) The notice described in Subsection (5)(c) shall:
700          (i) name the specified county that qualifies for priority consideration;
701          (ii) describe the funds or projects for which the specified county qualifies to receive
702     priority consideration;
703          (iii) specify the fiscal year during which the specified county qualifies for priority
704     consideration; and
705          (iv) state the basis for the division's determination that the specified county qualifies
706     for priority consideration.
707          (6) (a) If the division, after reviewing a specified county's moderate income housing
708     report, determines that the report does not comply with Subsection (2), the division shall send a
709     notice of noncompliance to the legislative body of the specified county.
710          (b) The notice described in Subsection (6)(a) shall:
711          (i) describe each deficiency in the report and the actions needed to cure each
712     deficiency;
713          (ii) state that the specified county has an opportunity to cure the deficiencies within 90
714     days after the day on which the notice is sent; and
715          (iii) state that failure to cure the deficiencies within 90 days after the day on which the
716     notice is sent will result in ineligibility for funds and fees owed under Subsection (7).
717          (7) (a) A specified county is ineligible for funds and owes a fee under this Subsection
718     (7) if the specified county:
719          (i) fails to submit a moderate income housing report to the division; or
720          (ii) fails to cure the deficiencies in the specified county's moderate income housing
721     report within 90 days after the day on which the division sent to the specified county a notice of
722     noncompliance under Subsection (6).
723          (b) The following apply to a specified county described in Subsection (7)(a) during the
724     fiscal year immediately following the fiscal year in which the report is required:
725          (i) the executive director of the Department of Transportation may not program funds
726     from the Transportation Investment Fund of 2005, including the Transit Transportation
727     Investment Fund, to projects located within the unincorporated areas of the specified county in
728     accordance with Subsection 72-2-124(6); and
729          [(ii) the Governor's Office of Planning and Budget may not award financial grants to
730     the specified county under the COVID-19 Local Assistance Matching Grant Program in
731     accordance with Subsection 63J-4-802(7)]
732          (ii) beginning with the report submitted in 2024, the specified county shall pay a fee to
733     the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified county:
734          (A) fails to submit the report to the division in accordance with this section, beginning
735     the day after the day on which the report was due; or
736          (B) fails to cure the deficiencies in the report, beginning the day after the day by which
737     the cure was required to occur as described in the notice of noncompliance under Subsection
738     (6)[.]; and
739          (iii) beginning with the report submitted in 2025, the specified county shall pay a fee to
740     the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified county,
741     for a consecutive year:
742          (A) fails to submit the report to the division in accordance with this section, beginning
743     the day after the day on which the report was due; or
744          (B) fails to cure the deficiencies in the report, beginning the day after the day by which
745     the cure was required to occur as described in the notice of noncompliance under Subsection
746     (6).
747          (c) Upon determining that a specified county is ineligible for funds under this
748     Subsection (7), and is required to pay a fee under Subsection (7)(b), if applicable, the division
749     shall send a notice of ineligibility to the legislative body of the specified county, the
750     Department of Transportation, and the Governor's Office of Planning and Budget.
751          (d) The notice described in Subsection (7)(c) shall:
752          (i) name the specified county that is ineligible for funds;
753          (ii) describe the funds for which the specified county is ineligible to receive;
754          (iii) describe the fee the specified county is required to pay under Subsection (7)(b), if
755     applicable;
756          [(iii)] (iv) specify the fiscal year during which the specified county is ineligible for
757     funds; and
758          [(iv)] (v) state the basis for the division's determination that the specified county is
759     ineligible for funds.
760          (e) The division may not determine that a specified county that is required to pay a fee
761     under Subsection (7)(b) is in compliance with the reporting requirements of this section until
762     the specified county pays all outstanding fees required under Subsection (7)(b) to the Olene
763     Walker Housing Loan Fund, created under Title 35A, Chapter 8, Part 5, Olene Walker Housing
764     Loan Fund.
765          (8) In a civil action seeking enforcement or claiming a violation of this section or of
766     Subsection 17-27a-404(5)(c), a plaintiff may not recover damages but may be awarded only
767     injunctive or other equitable relief.
768          Section 8. Section 17-27a-526 is amended to read:
769          17-27a-526. Internal accessory dwelling units.
770          (1) As used in this section:
771          (a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
772          (i) within a primary dwelling;
773          (ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
774     time the internal accessory dwelling unit is created; and
775          (iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
776          (b) (i) "Primary dwelling" means a single-family dwelling that:
777          [(i)] (A) is detached; and
778          [(ii)] (B) is occupied as the primary residence of the owner of record.
779          (ii) "Primary dwelling" includes a garage if the garage:
780          (A) is a habitable space; and
781          (B) is connected to the primary dwelling by a common wall.
782          (2) In any area zoned primarily for residential use:
783          (a) the use of an internal accessory dwelling unit is a permitted use; [and]
784          (b) except as provided in Subsections (3) and (4), a county may not establish any
785     restrictions or requirements for the construction or use of one internal accessory dwelling unit
786     within a primary dwelling, including a restriction or requirement governing:
787          (i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
788          (ii) total lot size; [or]
789          (iii) street frontage[.]; or
790          (iv) internal connectivity; and
791          (c) a county's regulation of architectural elements for internal accessory dwelling units
792     shall be consistent with the regulation of single-family units, including single-family units
793     located in historic districts.
794          (3) An internal accessory dwelling unit shall comply with all applicable building,
795     health, and fire codes.
796          (4) A county may:
797          (a) prohibit the installation of a separate utility meter for an internal accessory dwelling
798     unit;
799          (b) require that an internal accessory dwelling unit be designed in a manner that does
800     not change the appearance of the primary dwelling as a single-family dwelling;
801          (c) require a primary dwelling:
802          (i) regardless of whether the primary dwelling is existing or new construction, to
803     include one additional on-site parking space for an internal accessory dwelling unit, [regardless
804     of whether the primary dwelling is existing or new construction] in addition to the parking
805     spaces required under the county's land use ordinance, except that if the county's land use
806     ordinance requires four off-street parking spaces, the county may not require the additional
807     space contemplated under this Subsection (4)(c)(i); and
808          (ii) to replace any parking spaces contained within a garage or carport if an internal
809     accessory dwelling unit is created within the garage or carport and is habitable space;
810          (d) prohibit the creation of an internal accessory dwelling unit within a mobile home as
811     defined in Section 57-16-3;
812          (e) require the owner of a primary dwelling to obtain a permit or license for renting an
813     internal accessory dwelling unit;
814          (f) prohibit the creation of an internal accessory dwelling unit within a zoning district
815     covering an area that is equivalent to 25% or less of the total unincorporated area in the county
816     that is zoned primarily for residential use[;], except that the county may not prohibit newly
817     constructed internal accessory dwelling units that:
818          (i) have a final plat approval dated on or after October 1, 2021; and
819          (ii) comply with applicable land use regulations;
820          (g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling
821     is served by a failing septic tank;
822          (h) prohibit the creation of an internal accessory dwelling unit if the lot containing the
823     primary dwelling is 6,000 square feet or less in size;
824          (i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a
825     period of less than 30 consecutive days;
826          (j) prohibit the rental of an internal accessory dwelling unit if the internal accessory
827     dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
828          (k) hold a lien against a property that contains an internal accessory dwelling unit in
829     accordance with Subsection (5); and
830          (l) record a notice for an internal accessory dwelling unit in accordance with
831     Subsection (6).
832          (5) (a) In addition to any other legal or equitable remedies available to a county, a
833     county may hold a lien against a property that contains an internal accessory dwelling unit if:
834          (i) the owner of the property violates any of the provisions of this section or any
835     ordinance adopted under Subsection (4);
836          (ii) the county provides a written notice of violation in accordance with Subsection
837     (5)(b);
838          (iii) the county holds a hearing and determines that the violation has occurred in
839     accordance with Subsection (5)(d), if the owner files a written objection in accordance with
840     Subsection (5)(b)(iv);
841          (iv) the owner fails to cure the violation within the time period prescribed in the
842     written notice of violation under Subsection (5)(b);
843          (v) the county provides a written notice of lien in accordance with Subsection (5)(c);
844     and
845          (vi) the county records a copy of the written notice of lien described in Subsection
846     [(5)(a)(iv)] (5)(a)(v) with the county recorder of the county in which the property is located.
847          (b) The written notice of violation shall:
848          (i) describe the specific violation;
849          (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
850     to cure the violation that is:
851          (A) no less than 14 days after the day on which the county sends the written notice of
852     violation, if the violation results from the owner renting or offering to rent the internal
853     accessory dwelling unit for a period of less than 30 consecutive days; or
854          (B) no less than 30 days after the day on which the county sends the written notice of
855     violation, for any other violation; [and]
856          (iii) state that if the owner of the property fails to cure the violation within the time
857     period described in Subsection (5)(b)(ii), the county may hold a lien against the property in an
858     amount of up to $100 for each day of violation after the day on which the opportunity to cure
859     the violation expires;
860          (iv) notify the owner of the property:
861          (A) that the owner may file a written objection to the violation within 14 days after the
862     day on which the written notice of violation is post-marked or posted on the property; and
863          (B) of the name and address of the county office where the owner may file the written
864     objection;
865          (v) be mailed to:
866          (A) the property's owner of record; and
867          (B) any other individual designated to receive notice in the owner's license or permit
868     records; and
869          (vi) be posted on the property.
870          (c) The written notice of lien shall:
871          (i) comply with the requirements of Section 38-12-102;
872          (ii) describe the specific violation;
873          (iii) specify the lien amount, in an amount of up to $100 for each day of violation after
874     the day on which the opportunity to cure the violation expires;
875          (iv) be mailed to:
876          (A) the property's owner of record; and
877          (B) any other individual designated to receive notice in the owner's license or permit
878     records; and
879          (v) be posted on the property.
880          (d) (i) If an owner of property files a written objection in accordance with Subsection
881     (5)(b)(iv), the county shall:
882          (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
883     Act, to conduct a review and determine whether the specific violation described in the written
884     notice of violation under Subsection (5)(b) has occurred; and
885          (B) notify the owner in writing of the date, time, and location of the hearing described
886     in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
887          (ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
888     county may not record a lien under this Subsection (5) until the county holds a hearing and
889     determines that the specific violation has occurred.
890          (iii) If the county determines at the hearing that the specific violation has occurred, the
891     county may impose a lien in an amount of up to $100 for each day of violation after the day on
892     which the opportunity to cure the violation expires, regardless of whether the hearing is held
893     after the day on which the opportunity to cure the violation has expired.
894          (e) If an owner cures a violation within the time period prescribed in the written notice
895     of violation under Subsection (5)(b), the county may not hold a lien against the property, or
896     impose any penalty or fee on the owner, in relation to the specific violation described in the
897     written notice of violation under Subsection (5)(b).
898          (6) (a) A county that issues, on or after October 1, 2021, a permit or license to an
899     owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
900     an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
901     notice in the office of the recorder of the county in which the primary dwelling is located.
902          (b) The notice described in Subsection (6)(a) shall include:
903          (i) a description of the primary dwelling;
904          (ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
905     and
906          (iii) a statement that the internal accessory dwelling unit may only be used in
907     accordance with the county's land use regulations.
908          (c) The county shall, upon recording the notice described in Subsection (6)(a), deliver a
909     copy of the notice to the owner of the internal accessory dwelling unit.
910          Section 9. Section 17-27a-604.1 is enacted to read:
911          17-27a-604.1. Process for subdivision review and approval.
912          (1) (a) As used in this section, an "administrative land use authority" means an
913     individual, board, or commission, appointed or employed by a county, including county staff or
914     a county planning commission.
915          (b) "Administrative land use authority" does not include a county legislative body or a
916     member of a county legislative body.
917          (2) (a) This section applies to land use decisions arising from subdivision applications
918     for single-family dwellings, two-family dwellings, or townhomes.
919          (b) This section does not apply to land use regulations adopted, approved, or agreed
920     upon by a legislative body exercising land use authority in the review of land use applications
921     for zoning or other land use regulation approvals.
922          (3) A county ordinance governing the subdivision of land shall:
923          (a) comply with this section and establish a standard method and form of application
924     for preliminary subdivision applications and final subdivision applications; and
925          (b) (i) designate a single administrative land use authority for the review of preliminary
926     applications to subdivide land; or
927          (ii) if the county has adopted an ordinance that establishes a separate procedure for the
928     review and approval of subdivisions under Section 17-27a-605, the county may designate a
929     different and separate administrative land use authority for the approval of subdivisions under
930     Section 17-27a-605.
931          (4) (a) If an applicant requests a pre-application meeting, the county shall, within 15
932     business days after the request, schedule the meeting to review the concept plan and give initial
933     feedback.
934          (b) At the pre-application meeting, the county staff shall provide or have available on
935     the county website the following:
936          (i) copies of applicable land use regulations;
937          (ii) a complete list of standards required for the project;
938          (iii) preliminary and final application checklists; and
939          (iv) feedback on the concept plan.
940          (5) A preliminary subdivision application shall comply with all applicable county
941     ordinances and requirements of this section.
942          (6) An administrative land use authority may complete a preliminary subdivision
943     application review in a public meeting or at a county staff level.
944          (7) With respect to a preliminary application to subdivide land, an administrative land
945     use authority may:
946          (a) receive public comment; and
947          (b) hold no more than one public hearing.
948          (8) If a preliminary subdivision application complies with the applicable county
949     ordinances and the requirements of this section, the administrative land use authority shall
950     approve the preliminary subdivision application.
951          (9) A county shall review and approve or deny a final subdivision plat application in
952     accordance with the provisions of this section and county ordinances, which:
953          (a) may permit concurrent processing of the final subdivision plat application with the
954     preliminary subdivision plat application; and
955          (b) may not require planning commission or county legislative body approval.
956          (10) If a final subdivision application complies with the requirements of this section,
957     the applicable county ordinances, and the preliminary subdivision approval granted under
958     Subsection (9)(a), a county shall approve the final subdivision application.
959          Section 10. Section 17-27a-604.2 is enacted to read:
960          17-27a-604.2. Review of subdivision land use applications and subdivision
961     improvement plans.
962          (1) As used in this section:
963          (a) "Review cycle" means the occurrence of:
964          (i) the applicant's submittal of a complete subdivision land use application;
965          (ii) the county's review of that subdivision land use application;
966          (iii) the county's response to that subdivision land use application, in accordance with
967     this section; and
968          (iv) the applicant's reply to the county's response that addresses each of the county's
969     required modifications or requests for additional information.
970          (b) "Subdivision improvement plans" means the civil engineering plans associated with
971     required infrastructure and county-controlled utilities required for a subdivision.
972          (c) "Subdivision ordinance review" means review by a county to verify that a
973     subdivision land use application meets the criteria of the county's subdivision ordinances.
974          (d) "Subdivision plan review" means a review of the applicant's subdivision
975     improvement plans and other aspects of the subdivision land use application to verify that the
976     application complies with county ordinances and applicable standards and specifications.
977          (2) The review cycle restrictions and requirements of this section do not apply to the
978     review of subdivision applications affecting property within identified geological hazard areas.
979          (3) (a) No later than 15 business days after the day on which an applicant submits a
980     complete preliminary subdivision land use application for a residential subdivision for
981     single-family dwellings, two-family dwellings, or townhomes, the county shall complete the
982     initial review of the application, including subdivision improvement plans.
983          (b) A county shall maintain and publish a list of the items comprising the complete
984     preliminary subdivision land use application, including:
985          (i) the application;
986          (ii) the owner's affidavit;
987          (iii) an electronic copy of all plans in PDF format;
988          (iv) the preliminary subdivision plat drawings; and
989          (v) a breakdown of fees due upon approval of the application.
990          (4) (a) A county shall publish a list of the items that comprise a complete final
991     subdivision land use application.
992          (b) No later than 20 business days after the day on which an applicant submits a plat,
993     the county shall complete a review of the applicant's final subdivision land use application for
994     single-family dwellings, two-family dwellings, or townhomes, including all subdivision plan
995     reviews.
996          (5) (a) In reviewing a subdivision land use application, a county may require:
997          (i) additional information relating to an applicant's plans to ensure compliance with
998     county ordinances and approved standards and specifications for construction of public
999     improvements; and
1000          (ii) modifications to plans that do not meet current ordinances, applicable standards, or
1001     specifications or do not contain complete information.
1002          (b) A county's request for additional information or modifications to plans under
1003     Subsections (5)(a)(i) or (ii) shall be specific and include citations to ordinances, standards, or
1004     specifications that require the modifications to plans, and shall be logged in an index of
1005     requested modifications or additions.
1006          (c) A county may not require more than four review cycles.
1007          (d) (i) Subject to Subsection (5)(d)(ii), unless the change or correction is necessitated
1008     by the applicant's adjustment to a plan set or an update to a phasing plan that adjusts the
1009     infrastructure needed for the specific development, a change or correction not addressed or
1010     referenced in a county's plan review is waived.
1011          (ii) A modification or correction necessary to protect public health and safety or to
1012     enforce state or federal law may not be waived.
1013          (iii) If an applicant makes a material change to a plan set, the county has the discretion
1014     to restart the review process at the first review of the final application, but only with respect to
1015     the portion of the plan set that the material change substantively effects.
1016          (e) If an applicant does not submit a revised plan within 20 business days after the
1017     county requires a modification or correction, the county shall have an additional 20 business
1018     days to respond to the plans.
1019          (6) After the applicant has responded to the final review cycle, and the applicant has
1020     complied with each modification requested in the county's previous review cycle, the county
1021     may not require additional revisions if the applicant has not materially changed the plan, other
1022     than changes that were in response to requested modifications or corrections.
1023          (7) (a) In addition to revised plans, an applicant shall provide a written explanation in
1024     response to the county's review comments, identifying and explaining the applicant's revisions
1025     and reasons for declining to make revisions, if any.
1026          (b) The applicant's written explanation shall be comprehensive and specific, including
1027     citations to applicable standards and ordinances for the design and an index of requested
1028     revisions or additions for each required correction.
1029          (c) If an applicant fails to address a review comment in the response, the review cycle
1030     is not complete and the subsequent review cycle may not begin until all comments are
1031     addressed.
1032          (8) (a) If, on the fourth or final review, a county fails to respond within 20 business
1033     days, the county shall, upon request of the property owner, and within 10 business days after
1034     the day on which the request is received:
1035          (i) for a dispute arising from the subdivision improvement plans, assemble an appeal
1036     panel in accordance with Subsection 17-27a-507(5)(d) to review and approve or deny the final
1037     revised set of plans; or
1038          (ii) for a dispute arising from the subdivision ordinance review, advise the applicant, in
1039     writing, of the deficiency in the application and of the right to appeal the determination to a
1040     designated appeal authority.
1041          Section 11. Section 17-27a-604.9 is enacted to read:
1042          17-27a-604.9. Effective dates of Sections 17-27a-604.1 and 17-27a-604.2.
1043          (1) Except as provided in Subsection (2), Sections 17-27a-604.1 and 17-27a-604.2 do
1044     not apply until December 31, 2024.
1045          (2) Sections 17-27a-604.1 and 17-27a-604.2 do not apply until February 1, 2024 for:
1046          (a) a specified county, as defined in Section 17-27a-408;
1047          (b) a county that is a voting member of the Wasatch Front Regional Council, including:
1048          (i) Davis County;
1049          (ii) Morgan County;
1050          (iii) Salt Lake County;
1051          (iv) Tooele County; and
1052          (v) Weber County; and
1053          (c) a county that is a member of the Mountainland Association of Governments,
1054     including:
1055          (i) Summit County;
1056          (ii) Utah County; and
1057          (iii) Wasatch County.
1058          Section 12. Section 17-27a-608 is amended to read:
1059          17-27a-608. Subdivision amendments.
1060          (1) (a) A fee owner of a lot, as shown on the last county assessment roll, in a plat that
1061     has been laid out and platted as provided in this part may file a written petition with the land
1062     use authority to request a subdivision amendment.
1063          (b) Upon filing a written petition to request a subdivision amendment under Subsection
1064     (1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
1065     accordance with Section 17-27a-603 that:
1066          (i) depicts only the portion of the subdivision that is proposed to be amended;
1067          (ii) includes a plat name distinguishing the amended plat from the original plat;
1068          (iii) describes the differences between the amended plat and the original plat; and
1069          (iv) includes references to the original plat.
1070          (c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
1071     notice of the petition by mail, email, or other effective means to each affected entity that
1072     provides a service to an owner of record of the portion of the plat that is being amended at least
1073     10 calendar days before the land use authority may approve the petition for a subdivision
1074     amendment.
1075          (d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
1076     public hearing within 45 days after the day on which the petition is filed if:
1077          (i) any owner within the plat notifies the county of the owner's objection in writing
1078     within 10 days of mailed notification; or
1079          (ii) a public hearing is required because all of the owners in the subdivision have not
1080     signed the revised plat.
1081          (e) A land use authority may not approve a petition for a subdivision amendment under
1082     this section unless the amendment identifies and preserves any easements owned by a culinary
1083     water authority and sanitary sewer authority for existing facilities located within the
1084     subdivision.
1085          (2) The public hearing requirement of Subsection (1)(d) does not apply and a land use
1086     authority may consider at a public meeting an owner's petition for a subdivision amendment if:
1087          (a) the petition seeks to:
1088          (i) join two or more of the petitioning fee owner's contiguous lots;
1089          (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
1090     result in a violation of a land use ordinance or a development condition;
1091          (iii) adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the
1092     fee owners of each of the adjoining properties join the petition, regardless of whether the
1093     properties are located in the same subdivision;
1094          (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
1095     imposed by the local political subdivision; or
1096          (v) alter the plat in a manner that does not change existing boundaries or other
1097     attributes of lots within the subdivision that are not:
1098          (A) owned by the petitioner; or
1099          (B) designated as a common area; and
1100          (b) notice has been given to adjoining property owners in accordance with any
1101     applicable local ordinance.
1102          (3) A petition under Subsection (1)(a) that contains a request to amend a public street
1103     or county utility easement is also subject to Section 17-27a-609.5.
1104          (4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
1105     a portion of a plat shall include:
1106          (a) the name and address of each owner of record of the land contained in:
1107          (i) the entire plat; or
1108          (ii) that portion of the plan described in the petition; and
1109          (b) the signature of each owner who consents to the petition.
1110          (5) (a) The owners of record of adjoining properties where one or more of the
1111     properties is a lot may exchange title to portions of those properties if the exchange of title is
1112     approved by the land use authority as a lot line adjustment in accordance with Subsection
1113     (5)(b).
1114          (b) The land use authority shall approve [an exchange of title] a lot line adjustment
1115     under Subsection (5)(a) if the exchange of title will not result in a violation of any land use
1116     ordinance.
1117          (c) If [an exchange of title] a lot line adjustment is approved under Subsection (5)(b):
1118          (i) a notice of lot line adjustment approval shall be recorded in the office of the county
1119     recorder which:
1120          (A) is [executed] approved by [each owner included in the exchange and by] the land
1121     use authority; and
1122          [(B) contains an acknowledgment for each party executing the notice in accordance
1123     with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and]
1124          [(C)] (B) recites the legal descriptions of both the properties and the properties
1125     resulting from the exchange of title; and
1126          (ii) a document of conveyance of title reflecting the approved change shall be recorded
1127     in the office of the county recorder [with an amended plat].
1128          (d) A notice of approval recorded under this Subsection (5) does not act as a
1129     conveyance of title to real property and is not required to record a document conveying title to
1130     real property.
1131          (6) (a) The name of a recorded subdivision may be changed by recording an amended
1132     plat making that change, as provided in this section and subject to Subsection (6)(c).
1133          (b) The surveyor preparing the amended plat shall certify that the surveyor:
1134          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
1135     Professional Land Surveyors Licensing Act;
1136          (ii) (A) has completed a survey of the property described on the plat in accordance with
1137     Section 17-23-17 and has verified all measurements; or
1138          (B) has referenced a record of survey map of the existing property boundaries shown
1139     on the plat and verified the locations of the boundaries; and
1140          (iii) has placed monuments as represented on the plat.
1141          (c) An owner of land may not submit for recording an amended plat that gives the
1142     subdivision described in the amended plat the same name as a subdivision recorded in the
1143     county recorder's office.
1144          (d) Except as provided in Subsection (6)(a), the recording of a declaration or other
1145     document that purports to change the name of a recorded plat is void.
1146          Section 13. Section 63I-2-210 is amended to read:
1147          63I-2-210. Repeal dates: Title 10.
1148          On January 1, 2025, Section 10-9a-604.9 is repealed.
1149          Section 14. Section 63I-2-217 is amended to read:
1150          63I-2-217. Repeal dates: Title 17.
1151          [(1) Title 17, Chapter 35b, Consolidation of Local Government Units, is repealed
1152     January 1, 2022.]
1153          (1) On January 1, 2022, Title 17, Chapter 35b, Consolidation of Local Government
1154     Units, is repealed.
1155          [(2) On January 1, 2028, Subsection 17-52a-103(3), requiring certain counties to
1156     initiate a change of form of government process by July 1, 2018, is repealed.]
1157          [(3)] (2) On June 1, 2022:
1158          (a) Section 17-52a-104 is repealed;
1159          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
1160     described in Subsection 17-52a-104(1)(b) or (2)(b)," is repealed; and
1161          (c) Subsection 17-52a-301(3)(a)(iv), regarding the first initiated process, is repealed.
1162          (3) On January 1, 2025, Section 17-27a-604.9 is repealed.
1163          (4) On January 1, 2028, Subsection 17-52a-103(3), requiring certain counties to initiate
1164     a change of form of government process by July 1, 2018, is repealed.