Representative Stephen L. Whyte proposes the following substitute bill:


1     
MUNICIPAL LAND USE REGULATION MODIFICATIONS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen L. Whyte

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to local governments.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the signature requirements for a petition proposing to annex an area to a
13     municipality;
14          ▸     modifies county and municipal land use provisions;
15          ▸     requires a county or municipality to accept and process a complete land use
16     application under specified conditions;
17          ▸     modifies provisions relating to development agreements;
18          ▸     modifies the limitation of a provision on building design elements;
19          ▸     authorizes a county or municipality to require a seller to notify a buyer of water wise
20     landscaping requirements;
21          ▸     enacts language relating to residential rear setback limitations;
22          ▸     modifies provisions relating to the review of subdivision applications and
23     subdivision improvement plans;
24          ▸     modifies a provision relating to the landscaping of residential lots or open space;
25          ▸     modifies a provision relating to a completion assurance bond;

26          ▸     modifies provisions relating to the enforcement of county and municipal land use
27     regulations; and
28          ▸     makes technical and conforming changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          This bill provides a special effective date.
33     Utah Code Sections Affected:
34     AMENDS:
35          10-2-403, as last amended by Laws of Utah 2023, Chapters 16, 34 and 478
36          10-9a-509, as last amended by Laws of Utah 2023, Chapter 478
37          10-9a-532, as last amended by Laws of Utah 2023, Chapter 478
38          10-9a-534, as last amended by Laws of Utah 2023, Chapters 160, 478
39          10-9a-536, as last amended by Laws of Utah 2023, Chapters 139, 247
40          10-9a-604.2, as enacted by Laws of Utah 2023, Chapter 501
41          10-9a-604.5, as last amended by Laws of Utah 2023, Chapter 478
42          10-9a-802, as last amended by Laws of Utah 2020, Chapter 434
43          17-27a-508, as last amended by Laws of Utah 2023, Chapter 478
44          17-27a-528, as last amended by Laws of Utah 2023, Chapter 478
45          17-27a-530, as last amended by Laws of Utah 2023, Chapters 160, 478
46          17-27a-532, as last amended by Laws of Utah 2023, Chapters 139, 247
47          17-27a-604.2, as enacted by Laws of Utah 2023, Chapter 501
48          17-27a-604.5, as last amended by Laws of Utah 2023, Chapter 478
49          17-27a-802, as last amended by Laws of Utah 2020, Chapter 434
50          38-9-102, as last amended by Laws of Utah 2023, Chapter 16
51     ENACTS:
52          10-9a-538, Utah Code Annotated 1953
53          17-27a-534, Utah Code Annotated 1953
54     

55     Be it enacted by the Legislature of the state of Utah:
56          Section 1. Section 10-2-403 is amended to read:

57          10-2-403. Annexation petition -- Requirements -- Notice required before filing.
58          (1) Except as provided in Section 10-2-418, the process to annex an unincorporated
59     area to a municipality is initiated by a petition as provided in this section.
60          (2) (a) (i) Before filing a petition under Subsection (1), the person or persons intending
61     to file a petition shall:
62          (A) file with the city recorder or town clerk of the proposed annexing municipality a
63     notice of intent to file a petition; and
64          (B) send a copy of the notice of intent to each affected entity.
65          (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of the
66     area that is proposed to be annexed.
67          (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
68     annexed is located shall:
69          (A) mail the notice described in Subsection (2)(b)(iii) to:
70          (I) each owner of real property located within the area proposed to be annexed; and
71          (II) each owner of real property located within 300 feet of the area proposed to be
72     annexed; and
73          (B) send to the proposed annexing municipality a copy of the notice and a certificate
74     indicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
75          (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
76     days after receiving from the person or persons who filed the notice of intent:
77          (A) a written request to mail the required notice; and
78          (B) payment of an amount equal to the county's expected actual cost of mailing the
79     notice.
80          (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
81          (A) be in writing;
82          (B) state, in bold and conspicuous terms, substantially the following:
83          "Attention: Your property may be affected by a proposed annexation.
84          Records show that you own property within an area that is intended to be included in a
85     proposed annexation to (state the name of the proposed annexing municipality) or that is within
86     300 feet of that area. If your property is within the area proposed for annexation, you may be
87     asked to sign a petition supporting the annexation. You may choose whether to sign the

88     petition. By signing the petition, you indicate your support of the proposed annexation. If you
89     sign the petition but later change your mind about supporting the annexation, you may
90     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
91     of (state the name of the proposed annexing municipality) within 30 days after (state the name
92     of the proposed annexing municipality) receives notice that the petition has been certified.
93          There will be no public election on the proposed annexation because Utah law does not
94     provide for an annexation to be approved by voters at a public election. Signing or not signing
95     the annexation petition is the method under Utah law for the owners of property within the area
96     proposed for annexation to demonstrate their support of or opposition to the proposed
97     annexation.
98          You may obtain more information on the proposed annexation by contacting (state the
99     name, mailing address, telephone number, and email address of the official or employee of the
100     proposed annexing municipality designated to respond to questions about the proposed
101     annexation), (state the name, mailing address, telephone number, and email address of the
102     county official or employee designated to respond to questions about the proposed annexation),
103     or (state the name, mailing address, telephone number, and email address of the person who
104     filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the
105     notice of intent, one of those persons). Once filed, the annexation petition will be available for
106     inspection and copying at the office of (state the name of the proposed annexing municipality)
107     located at (state the address of the municipal offices of the proposed annexing municipality).";
108     and
109          (C) be accompanied by an accurate map identifying the area proposed for annexation.
110          (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) any
111     other information or materials related or unrelated to the proposed annexation.
112          (c) (i) After receiving the certificate from the county as provided in Subsection
113     (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or persons
114     who filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition for
115     the annexation proposed in the notice of intent.
116          (ii) An annexation petition provided by the proposed annexing municipality may be
117     duplicated for circulation for signatures.
118          (3) Each petition under Subsection (1) shall:

119          (a) be filed with the applicable city recorder or town clerk of the proposed annexing
120     municipality;
121          (b) contain the signatures of, if all the real property within the area proposed for
122     annexation is owned by a public entity other than the federal government, the owners of all the
123     publicly owned real property, or the owners of private real property that:
124          (i) is located within the area proposed for annexation;
125          (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land area
126     within the area proposed for annexation;
127          (B) covers 100% of all of the rural real property within the area proposed for
128     annexation; and
129          (C) covers 100% of all of the private land area within the area proposed for annexation
130     [or] if the area is within a migratory bird production area created under Title 23A, Chapter 13,
131     Migratory Bird Production Area; and
132          (iii) is equal in value to at least 1/3 of the value of all private real property within the
133     area proposed for annexation;
134          (c) be accompanied by:
135          (i) an accurate and recordable map, prepared by a licensed surveyor in accordance with
136     Section 17-23-20, of the area proposed for annexation; and
137          (ii) a copy of the notice sent to affected entities as required under Subsection
138     (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
139          (d) contain on each signature page a notice in bold and conspicuous terms that states
140     substantially the following:
141          "Notice:
142          • There will be no public election on the annexation proposed by this petition because
143     Utah law does not provide for an annexation to be approved by voters at a public election.
144          • If you sign this petition and later decide that you do not support the petition, you may
145     withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
146     of (state the name of the proposed annexing municipality). If you choose to withdraw your
147     signature, you shall do so no later than 30 days after (state the name of the proposed annexing
148     municipality) receives notice that the petition has been certified.";
149          (e) if the petition proposes a cross-county annexation, as defined in Section 10-2-402.5,

150     be accompanied by a copy of the resolution described in Subsection 10-2-402.5(4)(a)(iii)(A);
151     and
152          (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
153     designated as the contact sponsor, and indicate the mailing address of each sponsor.
154          (4) A petition under Subsection (1) may not propose the annexation of all or part of an
155     area proposed for annexation to a municipality in a previously filed petition that has not been
156     denied, rejected, or granted.
157          (5) If practicable and feasible, the boundaries of an area proposed for annexation shall
158     be drawn:
159          (a) along the boundaries of existing special districts and special service districts for
160     sewer, water, and other services, along the boundaries of school districts whose boundaries
161     follow city boundaries or school districts adjacent to school districts whose boundaries follow
162     city boundaries, and along the boundaries of other taxing entities;
163          (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
164     services;
165          (c) to facilitate the consolidation of overlapping functions of local government;
166          (d) to promote the efficient delivery of services; and
167          (e) to encourage the equitable distribution of community resources and obligations.
168          (6) On the date of filing, the petition sponsors shall deliver or mail a copy of the
169     petition to the clerk of the county in which the area proposed for annexation is located.
170          (7) A property owner who signs an annexation petition may withdraw the owner's
171     signature by filing a written withdrawal, signed by the property owner, with the city recorder or
172     town clerk no later than 30 days after the municipal legislative body's receipt of the notice of
173     certification under Subsection 10-2-405(2)(c)(i).
174          Section 2. Section 10-9a-509 is amended to read:
175          10-9a-509. Applicant's entitlement to land use application approval --
176     Municipality's requirements and limitations -- Vesting upon submission of development
177     plan and schedule.
178          (1) (a) (i) An applicant who has submitted a complete land use application as described
179     in Subsection (1)(c), including the payment of all application fees, is entitled to substantive
180     review of the application under the land use regulations:

181          (A) in effect on the date that the application is complete; and
182          (B) applicable to the application or to the information shown on the application.
183          (ii) An applicant is entitled to approval of a land use application if the application
184     conforms to the requirements of the applicable land use regulations, land use decisions, and
185     development standards in effect when the applicant submits a complete application and pays
186     application fees, unless:
187          (A) the land use authority, on the record, formally finds that a compelling,
188     countervailing public interest would be jeopardized by approving the application and specifies
189     the compelling, countervailing public interest in writing; or
190          (B) in the manner provided by local ordinance and before the applicant submits the
191     application, the municipality formally initiates proceedings to amend the municipality's land
192     use regulations in a manner that would prohibit approval of the application as submitted.
193          (b) The municipality shall process an application without regard to proceedings the
194     municipality initiated to amend the municipality's ordinances as described in Subsection
195     (1)(a)(ii)(B) if:
196          (i) 180 days have passed since the municipality initiated the proceedings; and
197          (ii) (A) the proceedings have not resulted in an enactment that prohibits approval of the
198     application as submitted; or
199          (B) during the 12 months prior to the municipality processing the application, or
200     multiple applications of the same type, are impaired or prohibited under the terms of a
201     temporary land use regulation adopted under Section 10-9a-504.
202          (c) A land use application is considered submitted and complete when the applicant
203     provides the application in a form that complies with the requirements of applicable ordinances
204     and pays all applicable fees.
205          (d) A subsequent incorporation of a municipality or a petition that proposes the
206     incorporation of a municipality does not affect a land use application approved by a county in
207     accordance with Section 17-27a-508.
208          (e) Unless a phasing sequence is required in an executed development agreement, a
209     municipality shall, without regard to any other separate and distinct land use application, accept
210     and process a complete land use application.
211          [(e)] (f) The continuing validity of an approval of a land use application is conditioned

212     upon the applicant proceeding after approval to implement the approval with reasonable
213     diligence.
214          [(f)] (g) A municipality may not impose on an applicant who has submitted a complete
215     application a requirement that is not expressed in:
216          (i) this chapter;
217          (ii) a municipal ordinance in effect on the date that the applicant submits a complete
218     application, subject to Subsection 10-9a-509(1)(a)(ii); or
219          (iii) a municipal specification for public improvements applicable to a subdivision or
220     development that is in effect on the date that the applicant submits an application.
221          [(g)] (h) A municipality may not impose on a holder of an issued land use permit or a
222     final, unexpired subdivision plat a requirement that is not expressed:
223          (i) in a land use permit;
224          (ii) on the subdivision plat;
225          (iii) in a document on which the land use permit or subdivision plat is based;
226          (iv) in the written record evidencing approval of the land use permit or subdivision
227     plat;
228          (v) in this chapter;
229          (vi) in a municipal ordinance; or
230          (vii) in a municipal specification for residential roadways in effect at the time a
231     residential subdivision was approved.
232          [(h)] (i) Except as provided in Subsection (1)(i), a municipality may not withhold
233     issuance of a certificate of occupancy or acceptance of subdivision improvements because of an
234     applicant's failure to comply with a requirement that is not expressed:
235          (i) in the building permit or subdivision plat, documents on which the building permit
236     or subdivision plat is based, or the written record evidencing approval of the land use permit or
237     subdivision plat; or
238          (ii) in this chapter or the municipality's ordinances.
239          [(i)] (j) A municipality may not unreasonably withhold issuance of a certificate of
240     occupancy where an applicant has met all requirements essential for the public health, public
241     safety, and general welfare of the occupants, in accordance with this chapter, unless:
242          (i) the applicant and the municipality have agreed in a written document to the

243     withholding of a certificate of occupancy; or
244          (ii) the applicant has not provided a financial assurance for required and uncompleted
245     public landscaping improvements or infrastructure improvements in accordance with an
246     applicable ordinance that the legislative body adopts under this chapter.
247          (2) A municipality is bound by the terms and standards of applicable land use
248     regulations and shall comply with mandatory provisions of those regulations.
249          (3) A municipality may not, as a condition of land use application approval, require a
250     person filing a land use application to obtain documentation regarding a school district's
251     willingness, capacity, or ability to serve the development proposed in the land use application.
252          (4) Upon a specified public agency's submission of a development plan and schedule as
253     required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
254     specified public agency vests in the municipality's applicable land use maps, zoning map,
255     hookup fees, impact fees, other applicable development fees, and land use regulations in effect
256     on the date of submission.
257          (5) (a) If sponsors of a referendum timely challenge a project in accordance with
258     Subsection 20A-7-601(6), the project's affected owner may rescind the project's land use
259     approval by delivering a written notice:
260          (i) to the local clerk as defined in Section 20A-7-101; and
261          (ii) no later than seven days after the day on which a petition for a referendum is
262     determined sufficient under Subsection 20A-7-607(5).
263          (b) Upon delivery of a written notice described in Subsection (5)(a) the following are
264     rescinded and are of no further force or effect:
265          (i) the relevant land use approval; and
266          (ii) any land use regulation enacted specifically in relation to the land use approval.
267          Section 3. Section 10-9a-532 is amended to read:
268          10-9a-532. Development agreements.
269          (1) Subject to Subsection (2), a municipality may enter into a development agreement
270     containing any term that the municipality considers necessary or appropriate to accomplish the
271     purposes of this chapter, including a term relating to:
272          (a) a master planned development;
273          (b) a planned unit development;

274          (c) an annexation;
275          (d) affordable or moderate income housing with development incentives;
276          (e) a public private partnership; or
277          (f) a density transfer or bonus within a development project or between development
278     projects.
279          (2) (a) A development agreement may not:
280          (i) limit a municipality's authority in the future to:
281          (A) enact a land use regulation; or
282          (B) take any action allowed under Section 10-8-84;
283          (ii) require a municipality to change the zoning designation of an area of land within
284     the municipality in the future; or
285          (iii) allow a use or development of land that applicable land use regulations governing
286     the area subject to the development agreement would otherwise prohibit, unless the legislative
287     body approves the development agreement in accordance with the same procedures for
288     enacting a land use regulation under Section 10-9a-502, including a review and
289     recommendation from the planning commission and a public hearing.
290          (b) A development agreement that requires the implementation of an existing land use
291     regulation as an administrative act does not require a legislative body's approval under Section
292     10-9a-502.
293          [(c) (i) If a development agreement restricts an applicant's rights under clearly
294     established state law, the municipality shall disclose in writing to the applicant the rights of the
295     applicant the development agreement restricts.]
296          [(ii) A municipality's failure to disclose in accordance with Subsection (2)(c)(i) voids
297     any provision in the development agreement pertaining to the undisclosed rights.]
298          [(d) A municipality may not require a development agreement as a condition for
299     developing land if the municipality's land use regulations establish all applicable standards for
300     development on the land.]
301          (c) Subject to Subsection (2)(d), a municipality may require a development agreement
302     for developing land within the municipality if the applicant has applied for a legislative or
303     discretionary approval, including an approval relating to:
304          (i) the height of a structure;

305          (ii) a parking or setback exception;
306          (iii) a density transfer or bonus;
307          (iv) a development incentive;
308          (v) a zone change; or
309          (vi) an amendment to a prior development agreement.
310          (d) A municipality may not require a development agreement as a condition for
311     developing land within the municipality if:
312          (i) the development otherwise complies with applicable statute and municipal
313     ordinances;
314          (ii) the development is an allowed or permitted use; or
315          (iii) the municipality's land use regulations otherwise establish all applicable standards
316     for development on the land.
317          (e) A municipality may submit to a county recorder's office for recording:
318          (i) a fully executed agreement; or
319          (ii) a document related to:
320          (A) code enforcement;
321          (B) a special assessment area;
322          (C) a local historic district boundary; or
323          (D) the memorializing or enforcement of an agreed upon restriction, incentive, or
324     covenant.
325          (f) Subject to Subsection (2)(e)(i), a municipality may not cause to be recorded against
326     private real property a document that imposes development requirements, development
327     regulations, or development controls on the property.
328          [(e)] (g) To the extent that a development agreement does not specifically address a
329     matter or concern related to land use or development, the matter or concern is governed by:
330          (i) this chapter; and
331          (ii) any applicable land use regulations.
332          Section 4. Section 10-9a-534 is amended to read:
333          10-9a-534. Regulation of building design elements prohibited -- Exceptions.
334          (1) As used in this section, "building design element" means:
335          (a) exterior color;

336          (b) type or style of exterior cladding material;
337          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
338          (d) exterior nonstructural architectural ornamentation;
339          (e) location, design, placement, or architectural styling of a window or door;
340          (f) location, design, placement, or architectural styling of a garage door, not including a
341     rear-loading garage door;
342          (g) number or type of rooms;
343          (h) interior layout of a room;
344          (i) minimum square footage over 1,000 square feet, not including a garage;
345          (j) rear yard landscaping requirements;
346          (k) minimum building dimensions; or
347          (l) a requirement to install front yard fencing.
348          (2) Except as provided in Subsection (3), a municipality may not impose a requirement
349     for a building design element on a one- or two-family dwelling.
350          (3) Subsection (2) does not apply to:
351          (a) a dwelling located within an area designated as a historic district in:
352          (i) the National Register of Historic Places;
353          (ii) the state register as defined in Section 9-8a-402; or
354          (iii) a local historic district or area, or a site designated as a local landmark, created by
355     ordinance before January 1, 2021, except as provided under Subsection (3)(b);
356          (b) an ordinance enacted as a condition for participation in the National Flood
357     Insurance Program administered by the Federal Emergency Management Agency;
358          (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
359     Interface Code adopted under Section 15A-2-103;
360          (d) building design elements agreed to under a development agreement;
361          (e) a dwelling located within an area that:
362          (i) is zoned primarily for residential use; and
363          (ii) was substantially developed before calendar year 1950;
364          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
365          (g) an ordinance enacted to regulate type of cladding, in response to findings or
366     evidence from the construction industry of:

367          (i) defects in the material of existing cladding; or
368          (ii) consistent defects in the installation of existing cladding; [or]
369          (h) a land use regulation, including a planned unit development or overlay zone, that a
370     property owner requests:
371          (i) the municipality to apply to the owner's property; and
372          (ii) in exchange for an increase in density or other benefit not otherwise available as a
373     permitted use in the zoning area or district[.]; or
374          (i) an ordinance enacted to mitigate the impacts of an accidental explosion:
375          (i) in excess of 20,000 pounds of trinitrotoluene equivalent;
376          (ii) that would create overpressure waves greater than .2 pounds per square inch; and
377          (iii) that would pose a risk of damage to a window, garage door, or carport of a facility
378     located within the vicinity of the regulated area.
379          Section 5. Section 10-9a-536 is amended to read:
380          10-9a-536. Water wise landscaping.
381          (1) As used in this section:
382          (a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
383     grasses.
384          (b) "Mulch" means material such as rock, bark, wood chips, or other materials left
385     loose and applied to the soil.
386          (c) "Overhead spray irrigation" means above ground irrigation heads that spray water
387     through a nozzle.
388          (d) (i) "Vegetative coverage" means the ground level surface area covered by the
389     exposed leaf area of a plant or group of plants at full maturity.
390          (ii) "Vegetative coverage" does not mean the ground level surface area covered by the
391     exposed leaf area of a tree or trees.
392          (e) "Water wise landscaping" means any or all of the following:
393          (i) installation of plant materials suited to the microclimate and soil conditions that
394     can:
395          (A) remain healthy with minimal irrigation once established; or
396          (B) be maintained without the use of overhead spray irrigation;
397          (ii) use of water for outdoor irrigation through proper and efficient irrigation design

398     and water application; or
399          (iii) use of other landscape design features that:
400          (A) minimize the need of the landscape for supplemental water from irrigation; or
401          (B) reduce the landscape area dedicated to lawn or turf.
402          (2) A municipality may not enact or enforce an ordinance, resolution, or policy that
403     prohibits, or has the effect of prohibiting, a property owner from incorporating water wise
404     landscaping on the property owner's property.
405          (3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit a municipality
406     from requiring a property owner to:
407          (i) comply with a site plan review or other review process before installing water wise
408     landscaping;
409          (ii) maintain plant material in a healthy condition; and
410          (iii) follow specific water wise landscaping design requirements adopted by the
411     municipality, including a requirement that:
412          (A) restricts or clarifies the use of mulches considered detrimental to municipal
413     operations;
414          (B) imposes minimum or maximum vegetative coverage standards; or
415          (C) restricts or prohibits the use of specific plant materials.
416          (b) A municipality may not require a property owner to install or keep in place lawn or
417     turf in an area with a width less than eight feet.
418          (4) A municipality may require a seller of a newly constructed residence to inform the
419     first buyer of the newly constructed residence of a municipal ordinance requiring water wise
420     landscaping.
421          [(4)] (5) A municipality shall report to the Division of Water Resources the existence,
422     enactment, or modification of an ordinance, resolution, or policy that implements
423     regional-based water use efficiency standards established by the Division of Water Resources
424     by rule under Section 73-10-37.
425          Section 6. Section 10-9a-538 is enacted to read:
426          10-9a-538. Residential rear setback limitations.
427          (1) As used in this section:
428          (a) "Allowable feature" means:

429          (i) a landing or walkout porch that:
430          (A) is no more than 32 square feet in size; and
431          (B) is used for ingress to and egress from the rear of the residential dwelling; or
432          (ii) a window well.
433          (b) "Landing" means an uncovered, above-ground platform, with or without stairs,
434     connected to the rear of a residential dwelling.
435          (c) "Setback" means the required distance between the property line of a lot or parcel
436     and the location where a structure is allowed to be placed under an adopted land use regulation.
437          (d) "Walkout porch" means an uncovered platform that is on the ground and connected
438     to the rear of a residential dwelling.
439          (e) "Window well" means a recess in the ground around a residential dwelling to allow
440     for ingress and egress through a window installed in a basement that is fully or partially below
441     ground.
442          (2) A municipality may not enact or enforce an ordinance, resolution, or policy that
443     prohibits or has the effect of prohibiting an allowable feature within the rear setback of a
444     residential building lot or parcel.
445          (3) Subsection (2) does not apply to a historic district within the municipality.
446          Section 7. Section 10-9a-604.2 is amended to read:
447          10-9a-604.2. Review of subdivision applications and subdivision improvement
448     plans.
449          (1) As used in this section:
450          (a) "Review cycle" means the occurrence of:
451          (i) the applicant's submittal of a complete subdivision [land use] application;
452          (ii) the municipality's review of that subdivision [land use] application;
453          (iii) the municipality's response to that subdivision [land use] application, in
454     accordance with this section; and
455          (iv) the applicant's reply to the municipality's response that addresses each of the
456     municipality's required modifications or requests for additional information.
457          (b) "Subdivision application" means a land use application for the subdivision of land.
458          [(b)] (c) "Subdivision improvement plans" means the civil engineering plans associated
459     with required infrastructure improvements and municipally controlled utilities required for a

460     subdivision.
461          [(c)] (d) "Subdivision ordinance review" means review by a municipality to verify that
462     a subdivision [land use] application meets the criteria of the municipality's [subdivision]
463     ordinances.
464          [(d)] (e) "Subdivision plan review" means a review of the applicant's subdivision
465     improvement plans and other aspects of the subdivision [land use] application to verify that the
466     application complies with municipal ordinances and applicable installation standards and
467     inspection specifications for infrastructure improvements.
468          (2) The review cycle restrictions and requirements of this section do not apply to the
469     review of subdivision applications affecting property within identified geological hazard areas.
470          (3) (a) A municipality may require a subdivision improvement plan to be submitted
471     with a subdivision application.
472          (b) A municipality may not require a subdivision improvement plan to be submitted
473     with both a preliminary subdivision application and a final subdivision application.
474          (4) (a) The review cycle requirements of this section apply:
475          (i) to the review of a preliminary subdivision application, if the municipality requires a
476     subdivision improvement plan to be submitted with a preliminary subdivision application; or
477          (ii) to the review of a final subdivision application, if the municipality requires a
478     subdivision improvement plan to be submitted with a final subdivision application.
479          (b) A municipality may not, outside the review cycle, engage in a substantive review of
480     required infrastructure improvements or a municipally controlled utility.
481          [(3) (a) No later than 15 business days after the day on which an applicant submits a
482     complete preliminary subdivision land use application for a residential subdivision for
483     single-family dwellings, two-family dwellings, or townhomes, the municipality shall complete
484     the initial review of the application, including subdivision improvement plans.]
485          [(b)] (5) (a) A municipality shall complete the initial review of a complete subdivision
486     application submitted for ordinance review for a residential subdivision for single-family
487     dwellings, two-family dwellings, or town homes:
488          (i) no later than 15 business days after the complete subdivision application is
489     submitted, if the municipality has a population over 5,000; or
490          (ii) no later than 30 business days after the complete subdivision application is

491     submitted, if the municipality has a population of 5,000 or less.
492          (b) A municipality shall maintain and publish a list of the items comprising the
493     complete [preliminary] subdivision [land use] application, including:
494          (i) the application;
495          (ii) the owner's affidavit;
496          (iii) an electronic copy of all plans in PDF format;
497          (iv) the preliminary subdivision plat drawings; and
498          (v) a breakdown of fees due upon approval of the application.
499          (6) [(4) (a)] A municipality shall publish a list of the items that comprise a complete
500     [final] subdivision land use application.
501          [(b) No later than 20 business days after the day on which an applicant submits a plat,
502     the municipality shall complete a review of the applicant's final subdivision land use
503     application for a residential subdivision for single-family dwellings, two-family dwellings, or
504     townhomes, including all subdivision plan reviews.]
505          (7) A municipality shall complete a subdivision plan review of a subdivision
506     improvement plan that is submitted with a complete subdivision application for a residential
507     subdivision for single-family dwellings, two-family dwellings, or town homes:
508          (a) within 20 business days after the complete subdivision application is submitted, if
509     the municipality has a population over 5,000; or
510          (b) within 40 business days after the complete subdivision application is submitted, if
511     the municipality has a population of 5,000 or less.
512          [(5)] (8) (a) In reviewing a subdivision [land use] application, a municipality may
513     require:
514          (i) additional information relating to an applicant's plans to ensure compliance with
515     municipal ordinances and approved standards and specifications for construction of public
516     improvements; and
517          (ii) modifications to plans that do not meet current ordinances, applicable standards or
518     specifications, or do not contain complete information.
519          (b) A municipality's request for additional information or modifications to plans under
520     Subsection [(5)(a)(i)] (8)(a)(i) or (ii) shall be specific and include citations to ordinances,
521     standards, or specifications that require the modifications to subdivision improvement plans,

522     and shall be logged in an index of requested modifications or additions.
523          (c) A municipality may not require more than four review cycles for a subdivision
524     improvement plan review.
525          (d) (i) Subject to Subsection [(5)(d)(ii)] (8)(d)(ii), unless the change or correction is
526     necessitated by the applicant's adjustment to a subdivision improvement plan [set] or an update
527     to a phasing plan that adjusts the infrastructure needed for the specific development, a change
528     or correction not addressed or referenced in a municipality's subdivision improvement plan
529     review is waived.
530          (ii) A modification or correction necessary to protect public health and safety or to
531     enforce state or federal law may not be waived.
532          (iii) If an applicant makes a material change to a subdivision improvement plan [set],
533     the municipality has the discretion to restart the review process at the first review of the [final
534     application] subdivision improvement plan review, but only with respect to the portion of the
535     subdivision improvement plan [set] that the material change substantively [effects] affects.
536          (e) (i) [If] This Subsection (8)(e) applies if an applicant does not submit a revised
537     subdivision improvement plan within:
538          (A) 20 business days after the municipality requires a modification or correction, [the
539     municipality shall have an additional 20 business days to respond to the plans] if the
540     municipality has a population over 5,000; or
541          (B) 40 business days after the municipality requires a modification or correction, if the
542     municipality has a population of 5,000 or less.
543          (ii) If an applicant does not submit a revised subdivision improvement plan within the
544     time specified in Subsection (8)(e)(i), a municipality has an additional 20 business days after
545     the time specified in Subsection (7) to respond to a revised subdivision improvement plan.
546          [(6)] (9) After the applicant has responded to the final review cycle, and the applicant
547     has complied with each modification requested in the municipality's previous review cycle, the
548     municipality may not require additional revisions if the applicant has not materially changed
549     the plan, other than changes that were in response to requested modifications or corrections.
550          [(7)] (10) (a) In addition to revised plans, an applicant shall provide a written
551     explanation in response to the municipality's review comments, identifying and explaining the
552     applicant's revisions and reasons for declining to make revisions, if any.

553          (b) The applicant's written explanation shall be comprehensive and specific, including
554     citations to applicable standards and ordinances for the design and an index of requested
555     revisions or additions for each required correction.
556          (c) If an applicant fails to address a review comment in the response, the review cycle
557     is not complete and the subsequent review cycle may not begin until all comments are
558     addressed.
559          [(8)] (11) (a) If, on the fourth or final review, a municipality fails to respond within 20
560     business days, the municipality shall, upon request of the property owner, and within 10
561     business days after the day on which the request is received:
562          (i) for a dispute arising from the subdivision improvement plans, assemble an appeal
563     panel in accordance with Subsection 10-9a-508(5)(d) to review and approve or deny the final
564     revised set of plans; or
565          (ii) for a dispute arising from the subdivision ordinance review, advise the applicant, in
566     writing, of the deficiency in the application and of the right to appeal the determination to a
567     designated appeal authority.
568          Section 8. Section 10-9a-604.5 is amended to read:
569          10-9a-604.5. Subdivision plat recording or development activity before required
570     landscaping or infrastructure is completed -- Improvement completion assurance --
571     Improvement warranty.
572          (1) As used in this section, "public landscaping improvement" means landscaping that
573     an applicant is required to install to comply with published installation and inspection
574     specifications for public improvements that:
575          (a) will be dedicated to and maintained by the municipality; or
576          (b) are associated with and proximate to trail improvements that connect to planned or
577     existing public infrastructure.
578          (2) A land use authority shall establish objective inspection standards for acceptance of
579     a public landscaping improvement or infrastructure improvement that the land use authority
580     requires.
581          (3) (a) Before an applicant conducts any development activity or records a plat, the
582     applicant shall:
583          (i) complete any required public landscaping improvements or infrastructure

584     improvements; or
585          (ii) post an improvement completion assurance for any required public landscaping
586     improvements or infrastructure improvements.
587          (b) If an applicant elects to post an improvement completion assurance, the applicant
588     shall provide completion assurance for:
589          (i) completion of 100% of the required public landscaping improvements or
590     infrastructure improvements; or
591          (ii) if the municipality has inspected and accepted a portion of the public landscaping
592     improvements or infrastructure improvements, 100% of the incomplete or unaccepted public
593     landscaping improvements or infrastructure improvements.
594          (c) A municipality shall:
595          (i) establish a minimum of two acceptable forms of completion assurance;
596          (ii) if an applicant elects to post an improvement completion assurance, allow the
597     applicant to post an assurance that meets the conditions of this title, and any local ordinances;
598          (iii) establish a system for the partial release of an improvement completion assurance
599     as portions of required public landscaping improvements or infrastructure improvements are
600     completed and accepted in accordance with local ordinance; and
601          (iv) issue or deny a building permit in accordance with Section 10-9a-802 based on the
602     installation of public landscaping improvements or infrastructure improvements.
603          (d) A municipality may not require an applicant to post an improvement completion
604     assurance for:
605          (i) public landscaping improvements or an infrastructure improvement that the
606     municipality has previously inspected and accepted;
607          (ii) infrastructure improvements that are private and not essential or required to meet
608     the building code, fire code, flood or storm water management provisions, street and access
609     requirements, or other essential necessary public safety improvements adopted in a land use
610     regulation;
611          (iii) in a municipality where ordinances require all infrastructure improvements within
612     the area to be private, infrastructure improvements within a development that the municipality
613     requires to be private; or
614          (iv) landscaping improvements that are not public landscaping improvements[, as

615     defined in Section 10-9a-103], unless the landscaping improvements and completion assurance
616     are required under the terms of a development agreement.
617          (4) (a) Except as provided in Subsection (4)(c), as a condition for increased density or
618     other entitlement benefit not currently available under the existing zone, a municipality may
619     require a completion assurance bond for landscaped amenities and common area that are
620     dedicated to and maintained by a homeowners association.
621          (b) Any agreement regarding a completion assurance bond under Subsection (4)(a)
622     between the applicant and the municipality shall be memorialized in a development agreement.
623          (c) A municipality may not require a completion assurance bond for or dictate who
624     installs or is responsible for the cost of the landscaping of residential lots or the equivalent
625     open space surrounding single-family attached homes, whether platted as lots or common area.
626          (5) The sum of the improvement completion assurance required under Subsections (3)
627     and (4) may not exceed the sum of:
628          (a) 100% of the estimated cost of the public landscaping improvements or
629     infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's
630     bid; and
631          (b) 10% of the amount of the bond to cover administrative costs incurred by the
632     municipality to complete the improvements, if necessary.
633          (6) At any time before a municipality accepts a public landscaping improvement or
634     infrastructure improvement, and for the duration of each improvement warranty period, the
635     municipality may require the applicant to:
636          (a) execute an improvement warranty for the improvement warranty period; and
637          (b) post a cash deposit, surety bond, letter of credit, or other similar security, as
638     required by the municipality, in the amount of up to 10% of the lesser of the:
639          (i) municipal engineer's original estimated cost of completion; or
640          (ii) applicant's reasonable proven cost of completion.
641          (7) When a municipality accepts an improvement completion assurance for public
642     landscaping improvements or infrastructure improvements for a development in accordance
643     with Subsection (3)(c)(ii), the municipality may not deny an applicant a building permit if the
644     development meets the requirements for the issuance of a building permit under the building
645     code and fire code.

646          (8) The provisions of this section do not supersede the terms of a valid development
647     agreement, an adopted phasing plan, or the state construction code.
648          Section 9. Section 10-9a-802 is amended to read:
649          10-9a-802. Enforcement.
650          (1) (a) A municipality or an adversely affected party may, in addition to other remedies
651     provided by law, institute:
652          (i) injunctions, mandamus, abatement, or any other appropriate actions; or
653          (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
654          (b) A municipality need only establish the violation to obtain the injunction.
655          (2) (a) [A] Except as provided in Subsections (3) and (4), a municipality may enforce
656     the municipality's ordinance by withholding a building permit.
657          (b) It is an infraction to erect, construct, reconstruct, alter, or change the use of any
658     building or other structure within a municipality without approval of a building permit.
659          (c) A municipality may not issue a building permit unless the plans of and for the
660     proposed erection, construction, reconstruction, alteration, or use fully conform to all
661     regulations then in effect.
662          (d) A municipality may not deny an applicant a building permit or certificate of
663     occupancy because the applicant has not completed an infrastructure improvement:
664          (i) that is not essential to meet the requirements for the issuance of a building permit or
665     certificate of occupancy under the building code and fire code; and
666          (ii) for which the municipality has accepted an improvement completion assurance for
667     a public landscaping improvement, as defined in Section 10-9a-604.5, or an infrastructure
668     [improvements] improvement for the development.
669          (3) A municipality may not deny an applicant a building permit or certificate of
670     occupancy based on the lack of completion of a landscaping improvement that is not a public
671     landscaping improvement, as defined in Section 10-9a-604.5.
672          (4) A municipality may not withhold a building permit based on the lack of completion
673     of a portion of a public sidewalk to be constructed within a public right-of-way serving a lot
674     where a single-family or two-family residence or town home is proposed in a building permit
675     application if an improvement completion assurance has been posted for the incomplete portion
676     of the public sidewalk.

677          (5) A municipality may not prohibit the construction of a single-family or two-family
678     residence or town home, withhold recording a plat, or withhold acceptance of a public
679     landscaping improvement, as defined in Section 10-9a-604.5, or an infrastructure improvement
680     based on the lack of installation of a public sidewalk if an improvement completion assurance
681     has been posted for the public sidewalk.
682          (6) A municipality may not redeem an improvement completion assurance securing the
683     installation of a public sidewalk sooner than 18 months after the date the improvement
684     completion assurance is posted.
685          (7) A municipality shall allow an applicant to post an improvement completion
686     assurance for a public sidewalk separate from an improvement completion assurance for:
687          (a) another infrastructure improvement; or
688          (b) a public landscaping improvement, as defined in Section 10-9a-604.5.
689          (8) A municipality may withhold a certificate of occupancy for a single-family or
690     two-family residence or town home until the portion of the public sidewalk to be constructed
691     within a public right-of-way and located immediately adjacent to the single-family or
692     two-family residence or town home is completed and accepted by the municipality.
693          Section 10. Section 17-27a-508 is amended to read:
694          17-27a-508. Applicant's entitlement to land use application approval --
695     Application relating to land in a high priority transportation corridor -- County's
696     requirements and limitations -- Vesting upon submission of development plan and
697     schedule.
698          (1) (a) (i) An applicant who has submitted a complete land use application, including
699     the payment of all application fees, is entitled to substantive review of the application under the
700     land use regulations:
701          (A) in effect on the date that the application is complete; and
702          (B) applicable to the application or to the information shown on the submitted
703     application.
704          (ii) An applicant is entitled to approval of a land use application if the application
705     conforms to the requirements of the applicable land use regulations, land use decisions, and
706     development standards in effect when the applicant submits a complete application and pays all
707     application fees, unless:

708          (A) the land use authority, on the record, formally finds that a compelling,
709     countervailing public interest would be jeopardized by approving the application and specifies
710     the compelling, countervailing public interest in writing; or
711          (B) in the manner provided by local ordinance and before the applicant submits the
712     application, the county formally initiates proceedings to amend the county's land use
713     regulations in a manner that would prohibit approval of the application as submitted.
714          (b) The county shall process an application without regard to proceedings the county
715     initiated to amend the county's ordinances as described in Subsection (1)(a)(ii)(B) if:
716          (i) 180 days have passed since the county initiated the proceedings; and
717          (ii) (A) the proceedings have not resulted in an enactment that prohibits approval of the
718     application as submitted; or
719          (B) during the 12 months prior to the county processing the application or multiple
720     applications of the same type, the application is impaired or prohibited under the terms of a
721     temporary land use regulation adopted under Section 17-27a-504.
722          (c) A land use application is considered submitted and complete when the applicant
723     provides the application in a form that complies with the requirements of applicable ordinances
724     and pays all applicable fees.
725          (d) Unless a phasing sequence is required in an executed development agreement, a
726     county shall, without regard to any other separate and distinct land use application, accept and
727     process a complete land use application.
728          [(d)] (e) The continuing validity of an approval of a land use application is conditioned
729     upon the applicant proceeding after approval to implement the approval with reasonable
730     diligence.
731          [(e)] (f) A county may not impose on an applicant who has submitted a complete
732     application a requirement that is not expressed in:
733          (i) this chapter;
734          (ii) a county ordinance in effect on the date that the applicant submits a complete
735     application, subject to Subsection 17-27a-508(1)(a)(ii); or
736          (iii) a county specification for public improvements applicable to a subdivision or
737     development that is in effect on the date that the applicant submits an application.
738          [(f)] (g) A county may not impose on a holder of an issued land use permit or a final,

739     unexpired subdivision plat a requirement that is not expressed:
740          (i) in a land use permit;
741          (ii) on the subdivision plat;
742          (iii) in a document on which the land use permit or subdivision plat is based;
743          (iv) in the written record evidencing approval of the land use permit or subdivision
744     plat;
745          (v) in this chapter;
746          (vi) in a county ordinance; or
747          (vii) in a county specification for residential roadways in effect at the time a residential
748     subdivision was approved.
749          [(g)] (h) Except as provided in Subsection [(1)(h)] (1)(i), a county may not withhold
750     issuance of a certificate of occupancy or acceptance of subdivision improvements because of an
751     applicant's failure to comply with a requirement that is not expressed:
752          (i) in the building permit or subdivision plat, documents on which the building permit
753     or subdivision plat is based, or the written record evidencing approval of the building permit or
754     subdivision plat; or
755          (ii) in this chapter or the county's ordinances.
756          [(h)] (i) A county may not unreasonably withhold issuance of a certificate of occupancy
757     where an applicant has met all requirements essential for the public health, public safety, and
758     general welfare of the occupants, in accordance with this chapter, unless:
759          (i) the applicant and the county have agreed in a written document to the withholding
760     of a certificate of occupancy; or
761          (ii) the applicant has not provided a financial assurance for required and uncompleted
762     public landscaping improvements or infrastructure improvements in accordance with an
763     applicable ordinance that the legislative body adopts under this chapter.
764          (2) A county is bound by the terms and standards of applicable land use regulations and
765     shall comply with mandatory provisions of those regulations.
766          (3) A county may not, as a condition of land use application approval, require a person
767     filing a land use application to obtain documentation regarding a school district's willingness,
768     capacity, or ability to serve the development proposed in the land use application.
769          (4) Upon a specified public agency's submission of a development plan and schedule as

770     required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,
771     the specified public agency vests in the county's applicable land use maps, zoning map, hookup
772     fees, impact fees, other applicable development fees, and land use regulations in effect on the
773     date of submission.
774          (5) (a) If sponsors of a referendum timely challenge a project in accordance with
775     Subsection 20A-7-601(6), the project's affected owner may rescind the project's land use
776     approval by delivering a written notice:
777          (i) to the local clerk as defined in Section 20A-7-101; and
778          (ii) no later than seven days after the day on which a petition for a referendum is
779     determined sufficient under Subsection 20A-7-607(5).
780          (b) Upon delivery of a written notice described in Subsection(5)(a) the following are
781     rescinded and are of no further force or effect:
782          (i) the relevant land use approval; and
783          (ii) any land use regulation enacted specifically in relation to the land use approval.
784          Section 11. Section 17-27a-528 is amended to read:
785          17-27a-528. Development agreements.
786          (1) Subject to Subsection (2), a county may enter into a development agreement
787     containing any term that the county considers necessary or appropriate to accomplish the
788     purposes of this chapter[.], including a term relating to:
789          (a) a master planned development;
790          (b) a planned unit development;
791          (c) an annexation;
792          (d) affordable or moderate income housing with development incentives;
793          (e) a public private partnership; or
794          (f) a density transfer or bonus within a development project or between development
795     projects.
796          (2) (a) A development agreement may not:
797          (i) limit a county's authority in the future to:
798          (A) enact a land use regulation; or
799          (B) take any action allowed under Section 17-53-223;
800          (ii) require a county to change the zoning designation of an area of land within the

801     county in the future; or
802          (iii) allow a use or development of land that applicable land use regulations governing
803     the area subject to the development agreement would otherwise prohibit, unless the legislative
804     body approves the development agreement in accordance with the same procedures for
805     enacting a land use regulation under Section 17-27a-502, including a review and
806     recommendation from the planning commission and a public hearing.
807          (b) A development agreement that requires the implementation of an existing land use
808     regulation as an administrative act does not require a legislative body's approval under Section
809     17-27a-502.
810          [(c) (i) If a development agreement restricts an applicant's rights under clearly
811     established state law, the county shall disclose in writing to the applicant the rights of the
812     applicant the development agreement restricts.]
813          [(ii) A county's failure to disclose in accordance with Subsection (2)(c)(i) voids any
814     provision in the development agreement pertaining to the undisclosed rights.]
815          [(d) A county may not require a development agreement as a condition for developing
816     land if the county's land use regulations establish all applicable standards for development on
817     the land.]
818          [(e)] (c) Subject to Subsection (2)(d) a county may require a development agreement
819     for developing land within the unincorporated area of the county if the applicant has applied for
820     a legislative or discretionary approval, including an approval relating to:
821          (i) the height of a structure;
822          (ii) a parking or setback exception;
823          (iii) a density transfer or bonus;
824          (iv) a development incentive;
825          (v) a zone change; or
826          (vi) an amendment to a prior development agreement.
827          (d) A county may not require a development agreement as a condition for developing
828     land within the unincorporated area of the county if:
829          (i) the development otherwise complies with applicable statute and county ordinances;
830          (ii) the development is an allowed or permitted use; or
831          (iii) the county's land use regulations otherwise establish all applicable standards for

832     development on the land.
833          (e) A county may submit to a county recorder's office for recording:
834          (i) a fully executed agreement; or
835          (ii) a document related to:
836          (A) code enforcement;
837          (B) a special assessment area;
838          (C) a local historic district boundary; or
839          (D) the memorializing or enforcement of an agreed upon restriction, incentive, or
840     covenant.
841          (f) Subject to Subsection (2)(e)(i), a county may not cause to be recorded against
842     private real property a document that imposes development requirements, development
843     regulations, or development controls on the property.
844          (g) To the extent that a development agreement does not specifically address a matter
845     or concern related to land use or development, the matter or concern is governed by:
846          (i) this chapter; and
847          (ii) any applicable land use regulations.
848          Section 12. Section 17-27a-530 is amended to read:
849          17-27a-530. Regulation of building design elements prohibited -- Exceptions.
850          (1) As used in this section, "building design element" means:
851          (a) exterior color;
852          (b) type or style of exterior cladding material;
853          (c) style, dimensions, or materials of a roof structure, roof pitch, or porch;
854          (d) exterior nonstructural architectural ornamentation;
855          (e) location, design, placement, or architectural styling of a window or door;
856          (f) location, design, placement, or architectural styling of a garage door, not including a
857     rear-loading garage door;
858          (g) number or type of rooms;
859          (h) interior layout of a room;
860          (i) minimum square footage over 1,000 square feet, not including a garage;
861          (j) rear yard landscaping requirements;
862          (k) minimum building dimensions; or

863          (l) a requirement to install front yard fencing.
864          (2) Except as provided in Subsection (3), a county may not impose a requirement for a
865     building design element on a one- or [two-famiy] two-family dwelling.
866          (3) Subsection (2) does not apply to:
867          (a) a dwelling located within an area designated as a historic district in:
868          (i) the National Register of Historic Places;
869          (ii) the state register as defined in Section 9-8a-402; or
870          (iii) a local historic district or area, or a site designated as a local landmark, created by
871     ordinance before January 1, 2021, except as provided under Subsection (3)(b);
872          (b) an ordinance enacted as a condition for participation in the National Flood
873     Insurance Program administered by the Federal Emergency Management Agency;
874          (c) an ordinance enacted to implement the requirements of the Utah Wildland Urban
875     Interface Code adopted under Section 15A-2-103;
876          (d) building design elements agreed to under a development agreement;
877          (e) a dwelling located within an area that:
878          (i) is zoned primarily for residential use; and
879          (ii) was substantially developed before calendar year 1950;
880          (f) an ordinance enacted to implement water efficient landscaping in a rear yard;
881          (g) an ordinance enacted to regulate type of cladding, in response to findings or
882     evidence from the construction industry of:
883          (i) defects in the material of existing cladding; or
884          (ii) consistent defects in the installation of existing cladding; [or]
885          (h) a land use regulation, including a planned unit development or overlay zone, that a
886     property owner requests:
887          (i) the county to apply to the owner's property; and
888          (ii) in exchange for an increase in density or other benefit not otherwise available as a
889     permitted use in the zoning area or district[.]; or
890          (i) an ordinance enacted to mitigate the impacts of an accidental explosion:
891          (i) in excess of 20,000 pounds trinitrotoluene equivalent;
892          (ii) that would create overpressure waves greater than .2 pounds per square inch; and
893          (iii) that would pose a risk of damage to a window, garage door, or carport of a facility

894     located within the vicinity of the regulated area.
895          Section 13. Section 17-27a-532 is amended to read:
896          17-27a-532. Water wise landscaping.
897          (1) As used in this section:
898          (a) "Lawn or turf" means nonagricultural land planted in closely mowed, managed
899     grasses.
900          (b) "Mulch" means material such as rock, bark, wood chips, or other materials left
901     loose and applied to the soil.
902          (c) "Overhead spray irrigation" means above ground irrigation heads that spray water
903     through a nozzle.
904          (d) (i) "Vegetative coverage" means the ground level surface area covered by the
905     exposed leaf area of a plant or group of plants at full maturity.
906          (ii) "Vegetative coverage" does not mean the ground level surface area covered by the
907     exposed leaf area of a tree or trees.
908          (e) "Water wise landscaping" means any or all of the following:
909          (i) installation of plant materials suited to the microclimate and soil conditions that
910     can:
911          (A) remain healthy with minimal irrigation once established; or
912          (B) be maintained without the use of overhead spray irrigation;
913          (ii) use of water for outdoor irrigation through proper and efficient irrigation design
914     and water application; or
915          (iii) the use of other landscape design features that:
916          (A) minimize the need of the landscape for supplemental water from irrigation; or
917          (B) reduce the landscape area dedicated to lawn or turf.
918          (2) A county may not enact or enforce an ordinance, resolution, or policy that prohibits,
919     or has the effect of prohibiting, a property owner from incorporating water wise landscaping on
920     the property owner's property.
921          (3) (a) Subject to Subsection (3)(b), Subsection (2) does not prohibit a county from
922     requiring a property owner to:
923          (i) comply with a site plan review or other review process before installing water wise
924     landscaping;

925          (ii) maintain plant material in a healthy condition; and
926          (iii) follow specific water wise landscaping design requirements adopted by the county,
927     including a requirement that:
928          (A) restricts or clarifies the use of mulches considered detrimental to county
929     operations;
930          (B) imposes minimum or maximum vegetative coverage standards; or
931          (C) restricts or prohibits the use of specific plant materials.
932          (b) A county may not require a property owner to install or keep in place lawn or turf in
933     an area with a width less than eight feet.
934          (4) A county may require a seller of a newly constructed residence within the
935     unincorporated area of the county to inform the first buyer of the newly constructed residence
936     of a county ordinance requiring water wise landscaping.
937          [(4)] (5) A county shall report to the Division of Water Resources the existence,
938     enactment, or modification of an ordinance, resolution, or policy that implements
939     regional-based water use efficiency standards established by the Division of Water Resources
940     by rule under Section 73-10-37.
941          Section 14. Section 17-27a-534 is enacted to read:
942          17-27a-534. Residential rear setback limitations.
943          (1) As used in this section:
944          (a) "Allowable feature" means:
945          (i) a landing or walkout porch that:
946          (A) is no more than 32 square feet in size; and
947          (B) is used for ingress to and egress from the rear of the residential dwelling; or
948          (ii) a window well.
949          (b) "Landing" means an uncovered, above-ground platform, with or without stairs,
950     connected to the rear of a residential dwelling.
951          (c) "Setback" means the required distance between the property line of a lot or parcel
952     and the location where a structure is allowed to be placed under an adopted land use regulation.
953          (d) "Walkout porch" means an uncovered platform that is on the ground and connected
954     to the rear of a residential dwelling.
955          (e) "Window well" means a recess in the ground around a residential dwelling to allow

956     for ingress and egress through a window installed in a basement that is fully or partially below
957     ground.
958          (2) A county may not enact or enforce an ordinance, resolution, or policy that prohibits
959     or has the effect of prohibiting an allowable feature within the rear setback of a residential
960     building lot or parcel.
961          (3) Subsection (2) does not apply to a historic district located within the unincorporated
962     area of a county.
963          Section 15. Section 17-27a-604.2 is amended to read:
964          17-27a-604.2. Review of subdivision applications and subdivision improvement
965     plans.
966          (1) As used in this section:
967          (a) "Review cycle" means the occurrence of:
968          (i) the applicant's submittal of a complete subdivision [land use] application;
969          (ii) the county's review of that subdivision [land use] application;
970          (iii) the county's response to that subdivision [land use] application, in accordance with
971     this section; and
972          (iv) the applicant's reply to the county's response that addresses each of the county's
973     required modifications or requests for additional information.
974          (b) "Subdivision application" means a land use application for the subdivision of land
975     located within the unincorporated area of a county.
976          [(b)] (c) "Subdivision improvement plans" means the civil engineering plans associated
977     with required infrastructure improvements and county-controlled utilities required for a
978     subdivision.
979          [(c)] (d) "Subdivision ordinance review" means review by a county to verify that a
980     subdivision [land use] application meets the criteria of the county's [subdivision] ordinances.
981          [(d)] (e) "Subdivision plan review" means a review of the applicant's subdivision
982     improvement plans and other aspects of the subdivision [land use] application to verify that the
983     application complies with county ordinances and applicable installation standards and
984     inspection specifications for infrastructure improvements.
985          (2) The review cycle restrictions and requirements of this section do not apply to the
986     review of subdivision applications affecting property within identified geological hazard areas.

987          (3) (a) A county may require a subdivision improvement plan to be submitted with a
988     subdivision application.
989          (b) A county may not require a subdivision improvement plan to be submitted with
990     both a preliminary subdivision application and a final subdivision application.
991          (4) (a) The review cycle requirements of this section apply:
992          (i) to the review of a preliminary subdivision application, if the county requires a
993     subdivision improvement plan to be submitted with a preliminary subdivision application; or
994          (ii) to the review of a final subdivision application, if the county requires a subdivision
995     improvement plan to be submitted with a final subdivision application.
996          (b) A county may not, outside the review cycle, engage in a substantive review of
997     required infrastructure improvements or a county controlled utility.
998          [(3) (a) No later than 15 business days after the day on which an applicant submits a
999     complete preliminary subdivision land use application for a residential subdivision for
1000     single-family dwellings, two-family dwellings, or townhomes, the county shall complete the
1001     initial review of the application, including subdivision improvement plans.]
1002          [(b)] (5) (a) A county shall complete the initial review of a complete subdivision
1003     application submitted for ordinance review for a residential subdivision for single-family
1004     dwellings, two-family dwellings, or town homes:
1005          (i) no later than 15 business days after the complete subdivision application is
1006     submitted, if the county has a population over 5,000; or
1007          (ii) no later than 30 business days after the complete subdivision application is
1008     submitted, if the county has a population of 5,000 or less.
1009          (b) A county shall maintain and publish a list of the items comprising the complete
1010     [preliminary] subdivision [land use] application, including:
1011          (i) the application;
1012          (ii) the owner's affidavit;
1013          (iii) an electronic copy of all plans in PDF format;
1014          (iv) the preliminary subdivision plat drawings; and
1015          (v) a breakdown of fees due upon approval of the application.
1016          [(4)] (6) [(a)] A county shall publish a list of the items that comprise a complete [final]
1017     subdivision land use application.

1018          [(b) No later than 20 business days after the day on which an applicant submits a plat,
1019     the county shall complete a review of the applicant's final subdivision land use application for
1020     single-family dwellings, two-family dwellings, or townhomes, including all subdivision plan
1021     reviews.]
1022          (7) A county shall complete a subdivision plan review of a subdivision improvement
1023     plan that is submitted with a complete subdivision application for a residential subdivision for
1024     single-family dwellings, two-family dwellings, or town homes:
1025          (a) within 20 business days after the complete subdivision application is submitted, if
1026     the county has a population over 5,000; or
1027          (b) within 40 business days after the complete subdivision application is submitted, if
1028     the county has a population of 5,000 or less.
1029          [(5)] (8) (a) In reviewing a subdivision [land use] application, a county may require:
1030          (i) additional information relating to an applicant's plans to ensure compliance with
1031     county ordinances and approved standards and specifications for construction of public
1032     improvements; and
1033          (ii) modifications to plans that do not meet current ordinances, applicable standards, or
1034     specifications or do not contain complete information.
1035          (b) A county's request for additional information or modifications to plans under
1036     Subsections [(5)(a)(i)] (8)(a)(i) or (ii) shall be specific and include citations to ordinances,
1037     standards, or specifications that require the modifications to subdivision improvement plans,
1038     and shall be logged in an index of requested modifications or additions.
1039          (c) A county may not require more than four review cycles for a subdivision
1040     improvement plan review.
1041          (d) (i) Subject to Subsection [(5)(d)(ii)] ((8)(d)(ii), unless the change or correction is
1042     necessitated by the applicant's adjustment to a subdivision improvement plan [set] or an update
1043     to a phasing plan that adjusts the infrastructure needed for the specific development, a change
1044     or correction not addressed or referenced in a county's subdivision improvement plan review is
1045     waived.
1046          (ii) A modification or correction necessary to protect public health and safety or to
1047     enforce state or federal law may not be waived.
1048          (iii) If an applicant makes a material change to a subdivision improvement plan [set],

1049     the county has the discretion to restart the review process at the first review of the [final
1050     application] subdivision improvement plan review, but only with respect to the portion of the
1051     subdivision improvement plan [set] that the material change substantively [effects] affects.
1052          (e) (i) [If] This Subsection (8) applies if an applicant does not submit a revised
1053     subdivision improvement plan within:
1054          (A) 20 business days after the county requires a modification or correction, [the county
1055     shall have an additional 20 business days to respond to the plans] if the county has a population
1056     over 5,000; or
1057          (B) 40 business days after the county requires a modification or correction, if the
1058     county has a population of 5,000 or less.
1059          (ii) If an applicant does not submit a revised subdivision improvement plan within the
1060     time specified in Subsection (8)(e)(i), a county has an additional 20 business days after the time
1061     specified in Subsection (7) to respond to a revised subdivision improvement plan.
1062          [(6)] (9) After the applicant has responded to the final review cycle, and the applicant
1063     has complied with each modification requested in the county's previous review cycle, the
1064     county may not require additional revisions if the applicant has not materially changed the plan,
1065     other than changes that were in response to requested modifications or corrections.
1066          [(7)] (10) (a) In addition to revised plans, an applicant shall provide a written
1067     explanation in response to the county's review comments, identifying and explaining the
1068     applicant's revisions and reasons for declining to make revisions, if any.
1069          (b) The applicant's written explanation shall be comprehensive and specific, including
1070     citations to applicable standards and ordinances for the design and an index of requested
1071     revisions or additions for each required correction.
1072          (c) If an applicant fails to address a review comment in the response, the review cycle
1073     is not complete and the subsequent review cycle may not begin until all comments are
1074     addressed.
1075          [(8)] (11) (a) If, on the fourth or final review, a county fails to respond within 20
1076     business days, the county shall, upon request of the property owner, and within 10 business
1077     days after the day on which the request is received:
1078          (i) for a dispute arising from the subdivision improvement plans, assemble an appeal
1079     panel in accordance with Subsection 17-27a-507(5)(d) to review and approve or deny the final

1080     revised set of plans; or
1081          (ii) for a dispute arising from the subdivision ordinance review, advise the applicant, in
1082     writing, of the deficiency in the application and of the right to appeal the determination to a
1083     designated appeal authority.
1084          Section 16. Section 17-27a-604.5 is amended to read:
1085          17-27a-604.5. Subdivision plat recording or development activity before required
1086     infrastructure is completed -- Improvement completion assurance -- Improvement
1087     warranty.
1088          (1) As used in this section, "public landscaping improvement" means landscaping that
1089     an applicant is required to install to comply with published installation and inspection
1090     specifications for public improvements that:
1091          (a) will be dedicated to and maintained by the county; or
1092          (b) are associated with and proximate to trail improvements that connect to planned or
1093     existing public infrastructure.
1094          (2) A land use authority shall establish objective inspection standards for acceptance of
1095     a required public landscaping improvement or infrastructure improvement.
1096          (3) (a) Before an applicant conducts any development activity or records a plat, the
1097     applicant shall:
1098          (i) complete any required public landscaping improvements or infrastructure
1099     improvements; or
1100          (ii) post an improvement completion assurance for any required public landscaping
1101     improvements or infrastructure improvements.
1102          (b) If an applicant elects to post an improvement completion assurance, the applicant
1103     shall provide completion assurance for:
1104          (i) completion of 100% of the required public landscaping improvements or
1105     infrastructure improvements; or
1106          (ii) if the county has inspected and accepted a portion of the public landscaping
1107     improvements or infrastructure improvements, 100% of the incomplete or unaccepted public
1108     landscaping improvements or infrastructure improvements.
1109          (c) A county shall:
1110          (i) establish a minimum of two acceptable forms of completion assurance;

1111          (ii) if an applicant elects to post an improvement completion assurance, allow the
1112     applicant to post an assurance that meets the conditions of this title, and any local ordinances;
1113          (iii) establish a system for the partial release of an improvement completion assurance
1114     as portions of required public landscaping improvements or infrastructure improvements are
1115     completed and accepted in accordance with local ordinance; and
1116          (iv) issue or deny a building permit in accordance with Section 17-27a-802 based on
1117     the installation of public landscaping improvements or infrastructure improvements.
1118          (d) A county may not require an applicant to post an improvement completion
1119     assurance for:
1120          (i) public landscaping improvements or infrastructure improvements that the county
1121     has previously inspected and accepted;
1122          (ii) infrastructure improvements that are private and not essential or required to meet
1123     the building code, fire code, flood or storm water management provisions, street and access
1124     requirements, or other essential necessary public safety improvements adopted in a land use
1125     regulation; or
1126          (iii) in a county where ordinances require all infrastructure improvements within the
1127     area to be private, infrastructure improvements within a development that the county requires
1128     to be private;
1129          (iv) landscaping improvements that are not public landscaping improvements[, as
1130     defined in Section 17-27a-103], unless the landscaping improvements and completion
1131     assurance are required under the terms of a development agreement.
1132          (4) (a) Except as provided in Subsection (4)(c), as a condition for increased density or
1133     other entitlement benefit not currently available under the existing zone, a county may require a
1134     completion assurance bond for landscaped amenities and common area that are dedicated to
1135     and maintained by a homeowners association.
1136          (b) Any agreement regarding a completion assurance bond under Subsection (4)(a)
1137     between the applicant and the county shall be memorialized in a development agreement.
1138          (c) A county may not require a completion assurance bond for or dictate who installs or
1139     is responsible for the cost of the landscaping of residential lots or the equivalent open space
1140     surrounding single-family attached homes, whether platted as lots or common area.
1141          (5) The sum of the improvement completion assurance required under Subsections (3)

1142     and (4) may not exceed the sum of:
1143          (a) 100% of the estimated cost of the public landscaping improvements or
1144     infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's
1145     bid; and
1146          (b) 10% of the amount of the bond to cover administrative costs incurred by the county
1147     to complete the improvements, if necessary.
1148          (6) At any time before a county accepts a public landscaping improvement or
1149     infrastructure improvement, and for the duration of each improvement warranty period, the
1150     land use authority may require the applicant to:
1151          (a) execute an improvement warranty for the improvement warranty period; and
1152          (b) post a cash deposit, surety bond, letter of credit, or other similar security, as
1153     required by the county, in the amount of up to 10% of the lesser of the:
1154          (i) county engineer's original estimated cost of completion; or
1155          (ii) applicant's reasonable proven cost of completion.
1156          (7) When a county accepts an improvement completion assurance for public
1157     landscaping improvements or infrastructure improvements for a development in accordance
1158     with Subsection (3)(c)(ii), the county may not deny an applicant a building permit if the
1159     development meets the requirements for the issuance of a building permit under the building
1160     code and fire code.
1161          (8) The provisions of this section do not supersede the terms of a valid development
1162     agreement, an adopted phasing plan, or the state construction code.
1163          Section 17. Section 17-27a-802 is amended to read:
1164          17-27a-802. Enforcement.
1165          (1) (a) A county or an adversely affected party may, in addition to other remedies
1166     provided by law, institute:
1167          (i) injunctions, mandamus, abatement, or any other appropriate actions; or
1168          (ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
1169          (b) A county need only establish the violation to obtain the injunction.
1170          (2) (a) [A] Except as provided in Subsections (3) and (4), a county may enforce the
1171     county's ordinance by withholding a building permit.
1172          (b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any

1173     building or other structure within a county without approval of a building permit.
1174          (c) The county may not issue a building permit unless the plans of and for the proposed
1175     erection, construction, reconstruction, alteration, or use fully conform to all regulations then in
1176     effect.
1177          (d) A county may not deny an applicant a building permit or certificate of occupancy
1178     because the applicant has not completed an infrastructure improvement:
1179          (i) that is not essential to meet the requirements for the issuance of a building permit or
1180     certificate of occupancy under the building code and fire code; and
1181          (ii) for which the county has accepted an improvement completion assurance for a
1182     public landscaping improvement, as defined in Section 17-27a-604.5, or an infrastructure
1183     [improvements] improvement for the development.
1184          (3) A county may not deny an applicant a building permit or certificate of occupancy
1185     based on the lack of completion of a landscaping improvement that is not a public landscaping
1186     improvement, as defined in Section 17-27a-604.5.
1187          (4) A county may not withhold a building permit based on the lack of completion of a
1188     portion of a public sidewalk to be constructed within a public right-or-way serving a lot where
1189     a single-family or two-family residence or town home is proposed in a building permit
1190     application if an improvement completion assurance has been posted for the incomplete portion
1191     of the public sidewalk.
1192          (5) A county may not prohibit the construction of a single-family or two-family
1193     residence or town home, withhold recording a plat, or withhold acceptance of a public
1194     landscaping improvement, as defined in Section 17-27a-604.5, or an infrastructure
1195     improvement based on the lack of installation of a public sidewalk if an improvement
1196     completion assurance has been posted for the public sidewalk.
1197          (6) A county may not redeem an improvement completion assurance securing the
1198     installation of a public sidewalk sooner than 18 months after the date the improvement
1199     completion assurance is posted.
1200          (7) A county shall allow an applicant to post an improvement completion assurance for
1201     a public sidewalk separate from an improvement completion assurance for:
1202          (a) another infrastructure improvement; or
1203          (b) a public landscaping improvement, as defined in Section 17-27a-604.5.

1204          (8) A county may withhold a certificate of occupancy for a single-family or two-family
1205     residence or town home until the portion of the public sidewalk to be constructed within a
1206     public right-of-way and located immediately adjacent to the single-family or two-family
1207     residence or town home is completed and accepted by the county.
1208          Section 18. Section 38-9-102 is amended to read:
1209          38-9-102. Definitions.
1210          As used in this chapter:
1211          (1) "Affected person" means:
1212          (a) a person who is a record interest holder of the real property that is the subject of a
1213     recorded nonconsensual common law document; or
1214          (b) the person against whom a recorded nonconsensual common law document
1215     purports to reflect or establish a claim or obligation.
1216          (2) "Document sponsor" means a person who, personally or through a designee, signs
1217     or submits for recording a document that is, or is alleged to be, a nonconsensual common law
1218     document.
1219          (3) "Interest holder" means a person who holds or possesses a present, lawful property
1220     interest in certain real property, including an owner, title holder, mortgagee, trustee, or
1221     beneficial owner.
1222          (4) "Lien claimant" means a person claiming an interest in real property who offers a
1223     document for recording or filing with any county recorder in the state asserting a lien, or notice
1224     of interest, or other claim of interest in certain real property.
1225          (5) "Nonconsensual common law document" means a document that is submitted to a
1226     county recorder's office for recording against public official property that:
1227          (a) purports to create a lien or encumbrance on or a notice of interest in the real
1228     property;
1229          (b) at the time the document is recorded, is not:
1230          (i) expressly authorized by this chapter or a state or federal statute;
1231          (ii) authorized by or contained in an order or judgment of a court of competent
1232     jurisdiction; or
1233          (iii) signed by or expressly authorized by a document signed by the owner of the real
1234     property; and

1235          (c) is submitted in relation to the public official's status or capacity as a public official.
1236          (6) "Owner" means a person who has a vested ownership interest in real property.
1237          (7) "Political subdivision" means a county, city, town, school district, special
1238     improvement or taxing district, special district, special service district, or other governmental
1239     subdivision or public corporation.
1240          (8) "Public official" means:
1241          (a) a current or former:
1242          (i) member of the Legislature;
1243          (ii) member of Congress;
1244          (iii) judge;
1245          (iv) member of law enforcement;
1246          (v) corrections officer;
1247          (vi) active member of the Utah State Bar; or
1248          (vii) member of the Board of Pardons and Parole;
1249          (b) an individual currently or previously appointed or elected to an elected position in:
1250          (i) the executive branch of state or federal government; or
1251          (ii) a political subdivision;
1252          (c) an individual currently or previously appointed to or employed in a position in a
1253     political subdivision, or state or federal government that:
1254          (i) is a policymaking position; or
1255          (ii) involves:
1256          (A) purchasing or contracting decisions;
1257          (B) drafting legislation or making rules;
1258          (C) determining rates or fees; or
1259          (D) making adjudicative decisions; or
1260          (d) an immediate family member of a person described in Subsections (8)(a) through
1261     (c).
1262          (9) "Public official property" means real property that has at least one record interest
1263     holder who is a public official.
1264          (10) (a) "Record interest holder" means a person who holds or possesses a present,
1265     lawful property interest in real property, including an owner, titleholder, mortgagee, trustee, or

1266     beneficial owner, and whose name and interest in that real property appears in the county
1267     recorder's records for the county in which the property is located.
1268          (b) "Record interest holder" includes any grantor in the chain of the title in real
1269     property.
1270          (11) "Record owner" means an owner whose name and ownership interest in certain
1271     real property is recorded or filed in the county recorder's records for the county in which the
1272     property is located.
1273          (12) (a) "Wrongful lien" means any document that purports to create a lien, notice of
1274     interest, or encumbrance on an owner's interest in certain real property and at the time it is
1275     recorded is not:
1276          [(a)] (i) expressly authorized by this chapter or another state or federal statute;
1277          [(b)] (ii) authorized by or contained in an order or judgment of a court of competent
1278     jurisdiction in the state; or
1279          [(c)] (iii) signed by or authorized pursuant to a document signed by the owner of the
1280     real property.
1281          (b) "Wrongful lien" includes a document recorded in violation of Subsection
1282     10-9a-532(2)(d).
1283          Section 19. Effective date.
1284          (1) Except as provided in Subsection (2), this bill takes effect on November 1, 2024.
1285          (2) (a) Except as provided in Subsection (2)(b), the actions affecting Sections
1286     10-9a-532 and 38-9-102 take effect on May 1, 2024.
1287          (b) If this bill is approved by two-thirds of all the members elected to each house, the
1288     actions affecting Sections 10-9a-532 and 38-9-102 take effect upon approval by the governor,
1289     or the day following the constitutional time limit of Utah Constitution, Article VII, Section 8,
1290     without the governor's signature, or in the case of a veto, the date of veto override.