Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 351 Third Substitute (2015GS)

Sponsor

Rep. Dee, B.

Final action

Governor Signed 4/1/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• excludes, with certain exceptions, any area located within a mountainous planning district from the land use jurisdiction, including the general plan, of a municipality;
• defines terms;
• authorizes a county to establish a planning commission for a mountainous planning district;
• amends other applicable provisions of Title 17, Chapter 27a, County Land Use, Development, and Management Act;
• authorizes a county to designate a mountainous planning district under certain circumstances;
• provides a repeal date; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

PLANNING DISTRICT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad L. Dee
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill authorizes the creation and governance of a mountainous planning district.
Highlighted Provisions:
This bill:
▸ excludes, with certain exceptions, any area located within a mountainous planning
district from the land use jurisdiction, including the general plan, of a municipality;
▸ defines terms;
▸ authorizes a county to establish a planning commission for a mountainous planning
district;
▸ amends other applicable provisions of Title 17, Chapter 27a, County Land Use,
Development, and Management Act;
▸ authorizes a county to designate a mountainous planning district under certain
circumstances;
▸ provides a repeal date; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
10-9a-304
, as renumbered and amended by Laws of Utah 2005, Chapter 254
17-27a-102
, as last amended by Laws of Utah 2007, Chapter 363
17-27a-103
, as last amended by Laws of Utah 2014, Chapters 136 and 363
17-27a-210
, as enacted by Laws of Utah 2005, Chapter 231
17-27a-301
, as last amended by Laws of Utah 2014, Chapter 189
17-27a-302
, as last amended by Laws of Utah 2012, Chapter 359
17-27a-305
, as last amended by Laws of Utah 2013, Chapter 200
17-27a-401
, as renumbered and amended by Laws of Utah 2005, Chapter 254
17-27a-403
, as last amended by Laws of Utah 2014, Chapter 176
17-27a-502
, as last amended by Laws of Utah 2013, Chapter 324
17-27a-505.5
, as last amended by Laws of Utah 2012, Chapter 172
17-27a-602
, as renumbered and amended by Laws of Utah 2005, Chapter 254
17-27a-604
, as last amended by Laws of Utah 2011, Chapter 377
17-27a-605
, as last amended by Laws of Utah 2012, Chapter 99
63I-2-210
, as last amended by Laws of Utah 2014, Chapter 405
63I-2-217
, as last amended by Laws of Utah 2014, Chapters 189 and 405
ENACTS:
17-27a-901
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-304
 is amended to read:
10-9a-304.
State and federal property -- Mountainous planning district.
(1)
 Unless otherwise provided by law, nothing contained in this chapter may be
construed as giving a municipality jurisdiction over property owned by the state or the United
States.
(2) (a) Except as provided in Subsection (2)(b), for purposes of this chapter, a
municipality, a municipal planning commission, or a municipal land use authority does not
have jurisdiction over property located within a mountainous planning district as defined in
Section 
17-27a-103
.
(b) Subsection (2)(a) does not apply to a municipality that:
(i) (A) is wholly located within the boundaries of a mountainous planning district; and
(B) was incorporated in or before 1970;
(ii) is exercising its extraterritorial jurisdiction as authorized by Section 
10-8-15
; or
(iii) has been granted joint authority to regulate, subject to Subsection (2)(c), its
watershed areas by a local health authority.
(c) The exception for a municipality under Subsection (2)(b)(iii) applies only for
matters related to regulation of the watershed within a watershed area.
Section 2. Section 
17-27a-102
 is amended to read:
17-27a-102.
Purposes -- General land use authority.
(1) (a) The purposes of this chapter are to provide for the health, safety, and welfare,
and promote the prosperity, improve the morals, peace and good order, comfort, convenience,
and aesthetics of each county and its present and future inhabitants and businesses, to protect
the tax base, to secure economy in governmental expenditures, to foster the state's agricultural
and other industries, to protect both urban and nonurban development, to protect and ensure
access to sunlight for solar energy devices, to provide fundamental fairness in land use
regulation, and to protect property values.
(b) To accomplish the purposes of this chapter, counties may enact all ordinances,
resolutions, and rules and may enter into other forms of land use controls and development
agreements that they consider necessary or appropriate for the use and development of land
within the unincorporated area of the county 
or a designated mountainous planning district
,
including ordinances, resolutions, rules, restrictive covenants, easements, and development
agreements governing uses, density, open spaces, structures, buildings, energy-efficiency, light
and air, air quality, transportation and public or alternative transportation, infrastructure, street
and building orientation and width requirements, public facilities, fundamental fairness in land
use regulation, considerations of surrounding land uses and the balance of the foregoing
purposes with a landowner's private property interests, height and location of vegetation, trees,
and landscaping, unless expressly prohibited by law.
(2) Each county shall comply with the mandatory provisions of this part before any
agreement or contract to provide goods, services, or municipal-type services to any storage
facility or transfer facility for high-level nuclear waste, or greater than class C radioactive
waste, may be executed or implemented.
Section 3. Section 
17-27a-103
 is amended to read:
17-27a-103.
Definitions.
As used in this chapter:
(1) "Affected entity" means a county, municipality, local district, special service
district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
property owner, property owners association, public utility, or the Utah Department of
Transportation, if:
(a) the entity's services or facilities are likely to require expansion or significant
modification because of an intended use of land;
(b) the entity has filed with the county a copy of the entity's general or long-range plan;
or
(c) the entity has filed with the county a request for notice during the same calendar
year and before the county provides notice to an affected entity in compliance with a
requirement imposed under this chapter.
(2) "Appeal authority" means the person, board, commission, agency, or other body
designated by ordinance to decide an appeal of a decision of a land use application or a
variance.
(3) "Billboard" means a freestanding ground sign located on industrial, commercial, or
residential property if the sign is designed or intended to direct attention to a business, product,
or service that is not sold, offered, or existing on the property where the sign is located.
(4) (a) "Charter school" means:
(i) an operating charter school;
(ii) a charter school applicant that has its application approved by a charter school
authorizer in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; or
(iii) an entity that is working on behalf of a charter school or approved charter
applicant to develop or construct a charter school building.
(b) "Charter school" does not include a therapeutic school.
(5) "Chief executive officer" means the person or body that exercises the executive
powers of the county.
(6) "Conditional use" means a land use that, because of its unique characteristics or
potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
compatible in some areas or may be compatible only if certain conditions are required that
mitigate or eliminate the detrimental impacts.
(7) "Constitutional taking" means a governmental action that results in a taking of
private property so that compensation to the owner of the property is required by the:
(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(b) Utah Constitution Article I, Section 22.
(8) "Culinary water authority" means the department, agency, or public entity with
responsibility to review and approve the feasibility of the culinary water system and sources for
the subject property.
(9) "Development activity" means:
(a) any construction or expansion of a building, structure, or use that creates additional
demand and need for public facilities;
(b) any change in use of a building or structure that creates additional demand and need
for public facilities; or
(c) any change in the use of land that creates additional demand and need for public
facilities.
(10) (a) "Disability" means a physical or mental impairment that substantially limits
one or more of a person's major life activities, including a person having a record of such an
impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
802.
(11) "Educational facility":
(a) means:
(i) a school district's building at which pupils assemble to receive instruction in a
program for any combination of grades from preschool through grade 12, including
kindergarten and a program for children with disabilities;
(ii) a structure or facility:
(A) located on the same property as a building described in Subsection (11)(a)(i); and
(B) used in support of the use of that building; and
(iii) a building to provide office and related space to a school district's administrative
personnel; and
(b) does not include:
(i) land or a structure, including land or a structure for inventory storage, equipment
storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
(A) not located on the same property as a building described in Subsection (11)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (11)(a)(i); or
(ii) a therapeutic school.
(12) "Fire authority" means the department, agency, or public entity with responsibility
to review and approve the feasibility of fire protection and suppression services for the subject
property.
(13) "Flood plain" means land that:
(a) is within the 100-year flood plain designated by the Federal Emergency
Management Agency; or
(b) has not been studied or designated by the Federal Emergency Management Agency
but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
the land has characteristics that are similar to those of a 100-year flood plain designated by the
Federal Emergency Management Agency.
(14) "Gas corporation" has the same meaning as defined in Section 
54-2-1
.
(15) "General plan" means a document that a county adopts that sets forth general
guidelines for proposed future development of
:
(a)
 the unincorporated land within the county[
.
]
; or
(b) for a mountainous planning district, the land within the mountainous planning
district.
(16) "Geologic hazard" means:
(a) a surface fault rupture;
(b) shallow groundwater;
(c) liquefaction;
(d) a landslide;
(e) a debris flow;
(f) unstable soil;
(g) a rock fall; or
(h) any other geologic condition that presents a risk:
(i) to life;
(ii) of substantial loss of real property; or
(iii) of substantial damage to real property.
(17) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility
system.
(18) "Identical plans" means building plans submitted to a county that:
(a) are clearly marked as "identical plans";
(b) are substantially identical building plans that were previously submitted to and
reviewed and approved by the county; and
(c) describe a building that:
(i) is located on land zoned the same as the land on which the building described in the
previously approved plans is located;
(ii) is subject to the same geological and meteorological conditions and the same law
as the building described in the previously approved plans;
(iii) has a floor plan identical to the building plan previously submitted to and reviewed
and approved by the county; and
(iv) does not require any additional engineering or analysis.
(19) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(20) "Improvement completion assurance" means a surety bond, letter of credit, cash,
or other security required by a county to guaranty the proper completion of landscaping or
infrastructure that the land use authority has required as a condition precedent to:
(a) recording a subdivision plat; or
(b) beginning development activity.
(21) "Improvement warranty" means an applicant's unconditional warranty that the
accepted landscaping or infrastructure:
(a) complies with the county's written standards for design, materials, and
workmanship; and
(b) will not fail in any material respect, as a result of poor workmanship or materials,
within the improvement warranty period.
(22) "Improvement warranty period" means a period:
(a) no later than one year after a county's acceptance of required landscaping; or
(b) no later than one year after a county's acceptance of required infrastructure, unless
the county:
(i) determines for good cause that a one-year period would be inadequate to protect the
public health, safety, and welfare; and
(ii) has substantial evidence, on record:
(A) of prior poor performance by the applicant; or
(B) that the area upon which the infrastructure will be constructed contains suspect soil
and the county has not otherwise required the applicant to mitigate the suspect soil.
(23) "Internal lot restriction" means a platted note, platted demarcation, or platted
designation that:
(a) runs with the land; and
(b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
the plat; or
(ii) designates a development condition that is enclosed within the perimeter of a lot
described on the plat.
(24) "Interstate pipeline company" means a person or entity engaged in natural gas
transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under
the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(25) "Intrastate pipeline company" means a person or entity engaged in natural gas
transportation that is not subject to the jurisdiction of the Federal Energy Regulatory
Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
(26) "Land use application" means an application required by a county's land use
ordinance.
(27) "Land use authority" means:
(a) a person, board, commission, agency, or body, including the local legislative body,
designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission,
agency, or body, the local legislative body.
(28) "Land use ordinance" means a planning, zoning, development, or subdivision
ordinance of the county, but does not include the general plan.
(29) "Land use permit" means a permit issued by a land use authority.
(30) "Legislative body" means the county legislative body, or for a county that has
adopted an alternative form of government, the body exercising legislative powers.
(31) "Local district" means any entity under Title 17B, Limited Purpose Local
Government Entities - Local Districts, and any other governmental or quasi-governmental
entity that is not a county, municipality, school district, or the state.
(32) "Lot line adjustment" means the relocation of the property boundary line in a
subdivision between two adjoining lots with the consent of the owners of record.
(33) "Moderate income housing" means housing occupied or reserved for occupancy
by households with a gross household income equal to or less than 80% of the median gross
income for households of the same size in the county in which the housing is located.
(34) "Mountainous planning district" means an area:
(a) designated by a county legislative body in accordance with Section 
17-27a-901
; and
(b) that is not otherwise exempt under Subsection 
10-9a-304
(2)(b).
[
(34)
] 
(35)
 "Nominal fee" means a fee that reasonably reimburses a county only for
time spent and expenses incurred in:
(a) verifying that building plans are identical plans; and
(b) reviewing and approving those minor aspects of identical plans that differ from the
previously reviewed and approved building plans.
[
(35)
] 
(36)
 "Noncomplying structure" means a structure that:
(a) legally existed before its current land use designation; and
(b) because of one or more subsequent land use ordinance changes, does not conform
to the setback, height restrictions, or other regulations, excluding those regulations that govern
the use of land.
[
(36)
] 
(37)
 "Nonconforming use" means a use of land that:
(a) legally existed before its current land use designation;
(b) has been maintained continuously since the time the land use ordinance regulation
governing the land changed; and
(c) because of one or more subsequent land use ordinance changes, does not conform
to the regulations that now govern the use of the land.
[
(37)
] 
(38)
 "Official map" means a map drawn by county authorities and recorded in
the county recorder's office that:
(a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for
highways and other transportation facilities;
(b) provides a basis for restricting development in designated rights-of-way or between
designated setbacks to allow the government authorities time to purchase or otherwise reserve
the land; and
(c) has been adopted as an element of the county's general plan.
[
(38)
] 
(39)
 "Parcel boundary adjustment" means a recorded agreement between owners
of adjoining properties adjusting their mutual boundary if:
(a) no additional parcel is created; and
(b) each property identified in the agreement is unsubdivided land, including a
remainder of subdivided land.
[
(39)
] 
(40)
 "Person" means an individual, corporation, partnership, organization,
association, trust, governmental agency, or any other legal entity.
[
(40)
] 
(41)
 "Plan for moderate income housing" means a written document adopted by
a county legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
county;
(b) an estimate of the need for moderate income housing in the county for the next five
years as revised biennially;
(c) a survey of total residential land use;
(d) an evaluation of how existing land uses and zones affect opportunities for moderate
income housing; and
(e) a description of the county's program to encourage an adequate supply of moderate
income housing.
[
(41)
] 
(42)
 "Plat" means a map or other graphical representation of lands being laid out
and prepared in accordance with Section 
17-27a-603
, 
17-23-17
, or 
57-8-13
.
[
(42)
] 
(43)
 "Potential geologic hazard area" means an area that:
(a) is designated by a Utah Geological Survey map, county geologist map, or other
relevant map or report as needing further study to determine the area's potential for geologic
hazard; or
(b) has not been studied by the Utah Geological Survey or a county geologist but
presents the potential of geologic hazard because the area has characteristics similar to those of
a designated geologic hazard area.
[
(43)
] 
(44)
 "Public agency" means:
(a) the federal government;
(b) the state;
(c) a county, municipality, school district, local district, special service district, or other
political subdivision of the state; or
(d) a charter school.
[
(44)
] 
(45)
 "Public hearing" means a hearing at which members of the public are
provided a reasonable opportunity to comment on the subject of the hearing.
[
(45)
] 
(46)
 "Public meeting" means a meeting that is required to be open to the public
under Title 52, Chapter 4, Open and Public Meetings Act.
[
(46)
] 
(47)
 "Receiving zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
[
(47)
] 
(48)
 "Record of survey map" means a map of a survey of land prepared in
accordance with Section 
17-23-17
.
[
(48)
] 
(49)
 "Residential facility for persons with a disability" means a residence:
(a) in which more than one person with a disability resides; and
(b) (i) which is licensed or certified by the Department of Human Services under Title
62A, Chapter 2, Licensure of Programs and Facilities; or
(ii) which is licensed or certified by the Department of Health under Title 26, Chapter
21, Health Care Facility Licensing and Inspection Act.
[
(49)
] 
(50)
 "Rules of order and procedure" means a set of rules that govern and
prescribe in a public meeting:
(a) parliamentary order and procedure;
(b) ethical behavior; and
(c) civil discourse.
[
(50)
] 
(51)
 "Sanitary sewer authority" means the department, agency, or public entity
with responsibility to review and approve the feasibility of sanitary sewer services or onsite
wastewater systems.
[
(51)
] 
(52)
 "Sending zone" means an unincorporated area of a county that the county
designates, by ordinance, as an area from which an owner of land may transfer a transferable
development right.
[
(52)
] 
(53)
 "Site plan" means a document or map that may be required by a county
during a preliminary review preceding the issuance of a building permit to demonstrate that an
owner's or developer's proposed development activity meets a land use requirement.
[
(53)
] 
(54)
 "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
[
(54)
] 
(55)
 "Specified public utility" means an electrical corporation, gas corporation,
or telephone corporation, as those terms are defined in Section 
54-2-1
.
[
(55)
] 
(56)
 "State" includes any department, division, or agency of the state.
[
(56)
] 
(57)
 "Street" means a public right-of-way, including a highway, avenue,
boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement,
or other way.
[
(57)
] 
(58)
 (a) "Subdivision" means any land that is divided, resubdivided or proposed
to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the
purpose, whether immediate or future, for offer, sale, lease, or development either on the
installment plan or upon any and all other plans, terms, and conditions.
(b) "Subdivision" includes:
(i) the division or development of land whether by deed, metes and bounds description,
devise and testacy, map, plat, or other recorded instrument; and
(ii) except as provided in Subsection [
(57)
] 
(58)
(c), divisions of land for residential and
nonresidential uses, including land used or to be used for commercial, agricultural, and
industrial purposes.
(c) "Subdivision" does not include:
(i) a bona fide division or partition of agricultural land for agricultural purposes;
(ii) a recorded agreement between owners of adjoining properties adjusting their
mutual boundary if:
(A) no new lot is created; and
(B) the adjustment does not violate applicable land use ordinances;
(iii) a recorded document, executed by the owner of record:
(A) revising the legal description of more than one contiguous unsubdivided parcel of
property into one legal description encompassing all such parcels of property; or
(B) joining a subdivided parcel of property to another parcel of property that has not
been subdivided, if the joinder does not violate applicable land use ordinances;
(iv) a bona fide division or partition of land in a county other than a first class county
for the purpose of siting, on one or more of the resulting separate parcels:
(A) an electrical transmission line or a substation;
(B) a natural gas pipeline or a regulation station; or
(C) an unmanned telecommunications, microwave, fiber optic, electrical, or other
utility service regeneration, transformation, retransmission, or amplification facility;
(v) a recorded agreement between owners of adjoining subdivided properties adjusting
their mutual boundary if:
(A) no new dwelling lot or housing unit will result from the adjustment; and
(B) the adjustment will not violate any applicable land use ordinance;
(vi) a bona fide division or partition of land by deed or other instrument where the land
use authority expressly approves in writing the division in anticipation of further land use
approvals on the parcel or parcels; or
(vii) a parcel boundary adjustment.
(d) The joining of a subdivided parcel of property to another parcel of property that has
not been subdivided does not constitute a subdivision under this Subsection [
(57)
] 
(58)
 as to
the unsubdivided parcel of property or subject the unsubdivided parcel to the county's
subdivision ordinance.
[
(58)
] 
(59)
 "Suspect soil" means soil that has:
(a) a high susceptibility for volumetric change, typically clay rich, having more than a
3% swell potential;
(b) bedrock units with high shrink or swell susceptibility; or
(c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum
commonly associated with dissolution and collapse features.
[
(59)
] 
(60)
 "Therapeutic school" means a residential group living facility:
(a) for four or more individuals who are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to a disability, an emotional development, a
behavioral development, a familial development, or a social development.
[
(60)
] 
(61)
 "Township" means a contiguous, geographically defined portion of the
unincorporated area of a county, established under this part or reconstituted or reinstated under
Section 
17-27a-306
, with planning and zoning functions as exercised through the township
planning commission, as provided in this chapter, but with no legal or political identity
separate from the county and no taxing authority, except that "township" means a former
township under Laws of Utah 1996, Chapter 308, where the context so indicates.
[
(61)
] 
(62)
 "Transferable development right" means a right to develop and use land that
originates by an ordinance that authorizes a land owner in a designated sending zone to transfer
land use rights from a designated sending zone to a designated receiving zone.
[
(62)
] 
(63)
 "Unincorporated" means the area outside of the incorporated area of a
municipality.
[
(63)
] 
(64)
 "Water interest" means any right to the beneficial use of water, including:
(a) each of the rights listed in Section 
73-1-11
; and
(b) an ownership interest in the right to the beneficial use of water represented by:
(i) a contract; or
(ii) a share in a water company, as defined in Section 
73-3-3.5
.
[
(64)
] 
(65)
 "Zoning map" means a map, adopted as part of a land use ordinance, that
depicts land use zones, overlays, or districts.
Section 4. Section 
17-27a-210
 is amended to read:
17-27a-210.
Notice to county when a private institution of higher education is
constructing student housing.
(1) Each private institution of higher education that intends to construct student
housing on property owned by the institution shall provide written notice of the intended
construction, as provided in Subsection (2), before any funds are committed to the
construction, if any of the proposed student housing buildings is within 300 feet of privately
owned residential property.
(2) Each notice under Subsection (1) shall be provided to the legislative body and, if
applicable, the mayor of:
(a) the county in whose unincorporated area 
or the mountainous planning district area
the privately owned residential property is located; or
(b) the municipality in whose boundaries the privately owned residential property is
located.
(3) At the request of a county or municipality that is entitled to notice under this
section, the institution and the legislative body of the affected county or municipality shall
jointly hold a public hearing to provide information to the public and receive input from the
public about the proposed construction.
Section 5. Section 
17-27a-301
 is amended to read:
17-27a-301.
Ordinance establishing planning commission required -- Exception --
Ordinance requirements -- Township planning commission -- Compensation.
(1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
establishing a countywide planning commission for the unincorporated areas of the county not
within a township.
(b) Subsection (1)(a) does not apply if all of the county is included within any
combination of:
(i) municipalities; [
and
]
(ii) townships with their own planning commissions[
.
]
; and
(iii) mountainous planning districts.
(c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
(1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
the entire mountainous planning district, including areas of the mountainous planning district
that are also located within a municipality or are unincorporated.
(ii) A planning commission described in Subsection (1)(c)(i):
(A) does not have jurisdiction over a municipality described in Subsection
10-9a-304
(2)(b); and
(B) has jurisdiction subject to a local health department exercising its authority in
accordance with Title 26A, Chapter 1, Local Health Departments and a municipality exercising
the municipality's authority in accordance with Section 
10-8-15
.
(iii) The ordinance shall require that:
(A) members of the planning commission represent areas located in the unincorporated
and incorporated county;
(B) members of the planning commission be registered voters who reside either in the
unincorporated or incorporated county; and
(C) at least one member of the planning commission resides within the mountainous
planning district.
(2) (a) The ordinance 
described in Subsection (1)(a) or (c)
 shall define:
(i) the number and terms of the members and, if the county chooses, alternate
members;
(ii) the mode of appointment;
(iii) the procedures for filling vacancies and removal from office;
(iv) the authority of the planning commission;
(v) subject to Subsection (2)(b), the rules of order and procedure for use by the
planning commission in a public meeting; and
(vi) other details relating to the organization and procedures of the planning
commission.
(b) Subsection (2)(a)(v) does not affect the planning commission's duty to comply with
Title 52, Chapter 4, Open and Public Meetings Act.
(3) (a) (i) If the county establishes a township planning commission, the county
legislative body shall enact an ordinance that defines:
(A) appointment procedures;
(B) procedures for filling vacancies and removing members from office;
(C) subject to Subsection (3)(a)(ii), the rules of order and procedure for use by the
township planning commission in a public meeting; and
(D) details relating to the organization and procedures of each township planning
commission.
(ii) Subsection (3)(a)(i)(C) does not affect the township planning commission's duty to
comply with Title 52, Chapter 4, Open and Public Meetings Act.
(b) The planning commission for each township shall consist of seven members who,
except as provided in Subsection (4), shall be appointed by:
(i) in a county operating under a form of government in which the executive and
legislative functions of the governing body are separated, the county executive with the advice
and consent of the county legislative body; or
(ii) in a county operating under a form of government in which the executive and
legislative functions of the governing body are not separated, the county legislative body.
(c) (i) Members shall serve four-year terms and until their successors are appointed or,
as provided in Subsection (4), elected and qualified.
(ii) Notwithstanding the provisions of Subsection (3)(c)(i) and except as provided in
Subsection (4), members of the first planning commissions shall be appointed so that, for each
commission, the terms of at least one member and no more than two members expire each
year.
(d) (i) Except as provided in Subsection (3)(d)(ii), each member of a township
planning commission shall be a registered voter residing within the township.
(ii) (A) Notwithstanding Subsection (3)(d)(i), one member of a planning commission
of a township reconstituted under Laws of Utah 1997, Chapter 389, or reinstated or established
under Subsection 
17-27a-306
(1)(k)(i) may be an appointed member who is a registered voter
residing outside the township if that member:
(I) is an owner of real property located within the township; and
(II) resides within the county in which the township is located.
(B) (I) Each appointee under Subsection (3)(d)(ii)(A) shall be chosen by the township
planning commission from a list of three persons submitted by the county legislative body.
(II) If the township planning commission has not notified the county legislative body of
its choice under Subsection (3)(d)(ii)(B)(I) within 60 days of the township planning
commission's receipt of the list, the county legislative body may appoint one of the three
persons on the list or a registered voter residing within the township as a member of the
township planning commission.
(4) (a) The legislative body of each county in which a township reconstituted under
Laws of Utah 1997, Chapter 389, or reinstated or established under Subsection
17-27a-306
(1)(k)(i) is located shall on or before January 1, 2012, enact an ordinance that
provides for the election of at least three members of the planning commission of that
township.
(b) (i) Beginning with the 2012 general election, the election of planning commission
members under Subsection (4)(a) shall coincide with the election of other county officers
during even-numbered years.
(ii) Approximately half the elected planning commission members shall be elected
every four years during elections held on even-numbered years, and the remaining elected
members shall be elected every four years on alternating even-numbered years.
(c) If no person files a declaration of candidacy in accordance with Section 
20A-9-202
for an open township planning commission member position:
(i) the position may be appointed in accordance with Subsection (3)(b); and
(ii) a person appointed under Subsection (4)(c)(i) may not serve for a period of time
that exceeds the elected term for which there was no candidate.
(5) (a) A legislative body described in Subsection (4)(a) shall on or before January 1,
2012, enact an ordinance that:
(i) designates the seats to be elected; and
(ii) subject to Subsection (6)(b), appoints a member of the planning and zoning board
of the former township, established under Laws of Utah 1996, Chapter 308, as a member of the
planning commission of the reconstituted or reinstated township.
(b) A member appointed under Subsection (5)(a) is considered an elected member.
(6) (a) Except as provided in Subsection (6)(b), the term of each member appointed
under Subsection (5)(a) shall continue until the time that the member's term as an elected
member of the former township planning and zoning board would have expired.
(b) (i) Notwithstanding Subsection (6)(a), the county legislative body may adjust the
terms of the members appointed under Subsection (5)(a) so that the terms of those members
coincide with the schedule under Subsection (4)(b) for elected members.
(ii) Subject to Subsection (6)(b)(iii), the legislative body of a county in which a
township reconstituted under Laws of Utah 1997, Chapter 389, or reinstated or established
under Subsection 
17-27a-306
(1)(k)(i) is located may enact an ordinance allowing each
appointed member of the planning and zoning board of the former township, established under
Laws of Utah 1996, Chapter 308, to continue to hold office as a member of the planning
commission of the reconstituted or reinstated township until the time that the member's term as
a member of the former township's planning and zoning board would have expired.
(iii) If a planning commission of a township reconstituted under Laws of Utah 1997,
Chapter 389, or reinstated or established under Subsection 
17-27a-306
(1)(k)(i) has more than
one appointed member who resides outside the township, the legislative body of the county in
which that township is located shall, within 15 days of the effective date of this Subsection
(6)(b)(iii), dismiss all but one of the appointed members who reside outside the township, and a
new member shall be appointed under Subsection (3)(b) to fill the position of each dismissed
member.
(7) (a) Except as provided in Subsection (7)(b), upon the appointment or election of all
members of a township planning commission, each township planning commission under this
section shall begin to exercise the powers and perform the duties provided in Section
17-27a-302
 with respect to all matters then pending that previously had been under the
jurisdiction of the countywide planning commission or township planning and zoning board.
(b) Notwithstanding Subsection (7)(a), if the members of a former township planning
and zoning board continue to hold office as members of the planning commission of the
township planning district under an ordinance enacted under Subsection (5)(a), the township
planning commission shall immediately begin to exercise the powers and perform the duties
provided in Section 
17-27a-302
 with respect to all matters then pending that had previously
been under the jurisdiction of the township planning and zoning board.
(8) The legislative body may fix per diem compensation for the members of the
planning commission, based on necessary and reasonable expenses and on meetings actually
attended.
Section 6. Section 
17-27a-302
 is amended to read:
17-27a-302.
Planning commission powers and duties.
(1) Each countywide [
or
] township 
or mountainous planning district
 planning
commission shall, with respect to the unincorporated area of the county, [
or
] the township, 
or
the mountainous planning district,
 make a recommendation to the county legislative body for:
(a) a general plan and amendments to the general plan;
(b) land use ordinances, zoning maps, official maps, and amendments;
(c) an appropriate delegation of power to at least one designated land use authority to
hear and act on a land use application;
(d) an appropriate delegation of power to at least one appeal authority to hear and act
on an appeal from a decision of the land use authority; and
(e) application processes that:
(i) may include a designation of routine land use matters that, upon application and
proper notice, will receive informal streamlined review and action if the application is
uncontested; and
(ii) shall protect the right of each:
(A) applicant and third party to require formal consideration of any application by a
land use authority;
(B) applicant, adversely affected party, or county officer or employee to appeal a land
use authority's decision to a separate appeal authority; and
(C) participant to be heard in each public hearing on a contested application.
(2) The planning commission of a township under this part may recommend to the
legislative body of the county in which the township is located that the legislative body file a
protest to a proposed annexation of an area located within the township, as provided in
Subsection 
10-2-407
(1)(b).
Section 7. Section 
17-27a-305
 is amended to read:
17-27a-305.
Other entities required to conform to county's land use ordinances --
Exceptions -- School districts and charter schools -- Submission of development plan and
schedule.
(1) (a) Each county, municipality, school district, charter school, local district, special
service district, and political subdivision of the state shall conform to any applicable land use
ordinance of any county when installing, constructing, operating, or otherwise using any area,
land, or building situated within 
a mountainous planning district or
 the unincorporated portion
of the county
, as applicable
.
(b) In addition to any other remedies provided by law, when a county's land use
ordinance is violated or about to be violated by another political subdivision, that county may
institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
prevent, enjoin, abate, or remove the improper installation, improvement, or use.
(2) (a) Except as provided in Subsection (3), a school district or charter school is
subject to a county's land use ordinances.
(b) (i) Notwithstanding Subsection (3), a county may:
(A) subject a charter school to standards within each zone pertaining to setback, height,
bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
staging; and
(B) impose regulations upon the location of a project that are necessary to avoid
unreasonable risks to health or safety, as provided in Subsection (3)(f).
(ii) The standards to which a county may subject a charter school under Subsection
(2)(b)(i) shall be objective standards only and may not be subjective.
(iii) Except as provided in Subsection (7)(d), the only basis upon which a county may
deny or withhold approval of a charter school's land use application is the charter school's
failure to comply with a standard imposed under Subsection (2)(b)(i).
(iv) Nothing in Subsection (2)(b)(iii) may be construed to relieve a charter school of an
obligation to comply with a requirement of an applicable building or safety code to which it is
otherwise obligated to comply.
(3) A county may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations,
construction methods or materials, additional building inspections, county building codes,
building use for educational purposes, or the placement or use of temporary classroom facilities
on school property;
(b) except as otherwise provided in this section, require a school district or charter
school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
children and not located on or contiguous to school property, unless the roadway or sidewalk is
required to connect an otherwise isolated school site to an existing roadway;
(c) require a district or charter school to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges for
inspection, unless the school district or charter school is unable to provide for inspection by an
inspector, other than the project architect or contractor, who is qualified under criteria
established by the state superintendent;
(e) require a school district or charter school to pay any impact fee for an improvement
project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
(f) impose regulations upon the location of an educational facility except as necessary
to avoid unreasonable risks to health or safety; or
(g) for a land use or a structure owned or operated by a school district or charter school
that is not an educational facility but is used in support of providing instruction to pupils,
impose a regulation that:
(i) is not imposed on a similar land use or structure in the zone in which the land use or
structure is approved; or
(ii) uses the tax exempt status of the school district or charter school as criteria for
prohibiting or regulating the land use or location of the structure.
(4) Subject to Section 
53A-20-108
, a school district or charter school shall coordinate
the siting of a new school with the county in which the school is to be located, to:
(a) avoid or mitigate existing and potential traffic hazards, including consideration of
the impacts between the new school and future highways; and
(b) maximize school, student, and site safety.
(5) Notwithstanding Subsection (3)(d), a county may, at its discretion:
(a) provide a walk-through of school construction at no cost and at a time convenient to
the district or charter school; and
(b) provide recommendations based upon the walk-through.
(6) (a) Notwithstanding Subsection (3)(d), a school district or charter school shall use:
(i) a county building inspector;
(ii) (A) for a school district, a school district building inspector from that school
district; or
(B) for a charter school, a school district building inspector from the school district in
which the charter school is located; or
(iii) an independent, certified building inspector who is:
(A) not an employee of the contractor;
(B) approved by:
(I) a county building inspector; or
(II) (Aa) for a school district, a school district building inspector from that school
district; or
(Bb) for a charter school, a school district building inspector from the school district in
which the charter school is located; and
(C) licensed to perform the inspection that the inspector is requested to perform.
(b) The approval under Subsection (6)(a)(iii)(B) may not be unreasonably withheld.
(c) If a school district or charter school uses a school district or independent building
inspector under Subsection (6)(a)(ii) or (iii), the school district or charter school shall submit to
the state superintendent of public instruction and county building official, on a monthly basis
during construction of the school building, a copy of each inspection certificate regarding the
school building.
(7) (a) A charter school shall be considered a permitted use in all zoning districts
within a county.
(b) Each land use application for any approval required for a charter school, including
an application for a building permit, shall be processed on a first priority basis.
(c) Parking requirements for a charter school may not exceed the minimum parking
requirements for schools or other institutional public uses throughout the county.
(d) If a county has designated zones for a sexually oriented business, or a business
which sells alcohol, a charter school may be prohibited from a location which would otherwise
defeat the purpose for the zone unless the charter school provides a waiver.
(e) (i) A school district or a charter school may seek a certificate authorizing permanent
occupancy of a school building from:
(A) the state superintendent of public instruction, as provided in Subsection
53A-20-104
(3), if the school district or charter school used an independent building inspector
for inspection of the school building; or
(B) a county official with authority to issue the certificate, if the school district or
charter school used a county building inspector for inspection of the school building.
(ii) A school district may issue its own certificate authorizing permanent occupancy of
a school building if it used its own building inspector for inspection of the school building,
subject to the notification requirement of Subsection 
53A-20-104
(3)(a)(ii).
(iii) A charter school may seek a certificate authorizing permanent occupancy of a
school building from a school district official with authority to issue the certificate, if the
charter school used a school district building inspector for inspection of the school building.
(iv) A certificate authorizing permanent occupancy issued by the state superintendent
of public instruction under Subsection 
53A-20-104
(3) or a school district official with authority
to issue the certificate shall be considered to satisfy any county requirement for an inspection or
a certificate of occupancy.
(8) (a) A specified public agency intending to develop its land shall submit to the land
use authority a development plan and schedule:
(i) as early as practicable in the development process, but no later than the
commencement of construction; and
(ii) with sufficient detail to enable the land use authority to assess:
(A) the specified public agency's compliance with applicable land use ordinances;
(B) the demand for public facilities listed in Subsections 
11-36a-102
(16)(a), (b), (c),
(d), (e), and (g) caused by the development;
(C) the amount of any applicable fee described in Section 
17-27a-509
;
(D) any credit against an impact fee; and
(E) the potential for waiving an impact fee.
(b) The land use authority shall respond to a specified public agency's submission
under Subsection (8)(a) with reasonable promptness in order to allow the specified public
agency to consider information the municipality provides under Subsection (8)(a)(ii) in the
process of preparing the budget for the development.
(9) Nothing in this section may be construed to:
(a) modify or supersede Section 
17-27a-304
; or
(b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that
fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
1990, 42 U.S.C. 12102, or any other provision of federal law.
Section 8. Section 
17-27a-401
 is amended to read:
17-27a-401.
General plan required -- Content -- Provisions related to radioactive
waste facility.
(1) In order to accomplish the purposes of this chapter, each county shall prepare and
adopt a comprehensive, long-range general plan [
for
]:
(a) 
for
 present and future needs of the county; and
(b) 
(i) for
 growth and development of all or any part of the land within the
unincorporated portions of the county[
.
]
; or
(ii) if a county has designated a mountainous planning district, for growth and
development of all or any part of the land within the mountainous planning district.
(2) The plan may provide for:
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
activities, aesthetics, and recreational, educational, and cultural opportunities;
(b) the reduction of the waste of physical, financial, or human resources that result
from either excessive congestion or excessive scattering of population;
(c) the efficient and economical use, conservation, and production of the supply of:
(i) food and water; and
(ii) drainage, sanitary, and other facilities and resources;
(d) the use of energy conservation and solar and renewable energy resources;
(e) the protection of urban development;
(f) the protection or promotion of moderate income housing;
(g) the protection and promotion of air quality;
(h) historic preservation;
(i) identifying future uses of land that are likely to require an expansion or significant
modification of services or facilities provided by each affected entity; and
(j) an official map.
(3) (a) The plan shall include specific provisions related to any areas within, or
partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
county, which are proposed for the siting of a storage facility or transfer facility for the
placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
these wastes are defined in Section 
19-3-303
. The provisions shall address the effects of the
proposed site upon the health and general welfare of citizens of the state, and shall provide:
(i) the information identified in Section 
19-3-305
;
(ii) information supported by credible studies that demonstrates that the provisions of
Subsection 
19-3-307
(2) have been satisfied; and
(iii) specific measures to mitigate the effects of high-level nuclear waste and greater
than class C radioactive waste and guarantee the health and safety of the citizens of the state.
(b) A county may, in lieu of complying with Subsection (3)(a), adopt an ordinance
indicating that all proposals for the siting of a storage facility or transfer facility for the
placement of high-level nuclear waste or greater than class C radioactive waste wholly or
partially within the county are rejected.
(c) A county may adopt the ordinance listed in Subsection (3)(b) at any time.
(d) The county shall send a certified copy of the ordinance under Subsection (3)(b) to
the executive director of the Department of Environmental Quality by certified mail within 30
days of enactment.
(e) If a county repeals an ordinance adopted pursuant to Subsection (3)(b) the county
shall:
(i) comply with Subsection (3)(a) as soon as reasonably possible; and
(ii) send a certified copy of the repeal to the executive director of the Department of
Environmental Quality by certified mail within 30 days after the repeal.
(4) The plan may define the county's local customs, local culture, and the components
necessary for the county's economic stability.
(5) Subject to Subsection 
17-27a-403
(2), the county may determine the
comprehensiveness, extent, and format of the general plan.
(6) If a county has designated a mountainous planning district, the general plan for the
mountainous planning district is the controlling plan and takes precedence over a municipality's
general plan for property located within the mountainous planning district.
Section 9. Section 
17-27a-403
 is amended to read:
17-27a-403.
Plan preparation.
(1) (a) The planning commission shall provide notice, as provided in Section
17-27a-203
, of its intent to make a recommendation to the county legislative body for a general
plan or a comprehensive general plan amendment when the planning commission initiates the
process of preparing its recommendation.
(b) The planning commission shall make and recommend to the legislative body a
proposed general plan for
:
(i)
 the unincorporated area within the county[
.
]
; or
(ii) if the planning commission is a planning commission for a mountainous planning
district, the mountainous planning district.
(c) (i) The plan may include planning for incorporated areas if, in the planning
commission's judgment, they are related to the planning of the unincorporated territory or of
the county as a whole.
(ii) Elements of the county plan that address incorporated areas are not an official plan
or part of a municipal plan for any municipality, unless it is recommended by the municipal
planning commission and adopted by the governing body of the municipality.
(iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous
planning district, the plan for the mountainous planning district controls and precedes a
municipal plan, if any, to which the property would be subject.
(2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i) a land use element that:
(A) designates the long-term goals and the proposed extent, general distribution, and
location of land for housing, business, industry, agriculture, recreation, education, public
buildings and grounds, open space, and other categories of public and private uses of land as
appropriate; and
(B) may include a statement of the projections for and standards of population density
and building intensity recommended for the various land use categories covered by the plan;
(ii) a transportation and traffic circulation element consisting of the general location
and extent of existing and proposed freeways, arterial and collector streets, mass transit, and
any other modes of transportation that the planning commission considers appropriate, all
correlated with the population projections and the proposed land use element of the general
plan; and
(iii) an estimate of the need for the development of additional moderate income
housing within the unincorporated area of the county 
or the mountainous planning district
, and
a plan to provide a realistic opportunity to meet estimated needs for additional moderate
income housing if long-term projections for land use and development occur.
(b) In drafting the moderate income housing element, the planning commission:
(i) shall consider the Legislature's determination that counties should facilitate a
reasonable opportunity for a variety of housing, including moderate income housing:
(A) to meet the needs of people desiring to live there; and
(B) to allow persons with moderate incomes to benefit from and fully participate in all
aspects of neighborhood and community life; and
(ii) may include an analysis of why the recommended means, techniques, or
combination of means and techniques provide a realistic opportunity for the development of
moderate income housing within the planning horizon, which means or techniques may include
a recommendation to:
(A) rezone for densities necessary to assure the production of moderate income
housing;
(B) facilitate the rehabilitation or expansion of infrastructure that will encourage the
construction of moderate income housing;
(C) encourage the rehabilitation of existing uninhabitable housing stock into moderate
income housing;
(D) consider county general fund subsidies to waive construction related fees that are
otherwise generally imposed by the county;
(E) consider utilization of state or federal funds or tax incentives to promote the
construction of moderate income housing;
(F) consider utilization of programs offered by the Utah Housing Corporation within
that agency's funding capacity; and
(G) consider utilization of affordable housing programs administered by the
Department of Workforce Services.
(c) In drafting the land use element, the planning commission shall:
(i) identify and consider each agriculture protection area within the unincorporated area
of the county 
or mountainous planning district
; and
(ii) avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture.
(3) The proposed general plan may include:
(a) an environmental element that addresses:
(i) the protection, conservation, development, and use of natural resources, including
the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
and other natural resources; and
(ii) the reclamation of land, flood control, prevention and control of the pollution of
streams and other waters, regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
protection of watersheds and wetlands, and the mapping of known geologic hazards;
(b) a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
police and fire protection, and other public services;
(c) a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i) historic preservation;
(ii) the diminution or elimination of blight; and
(iii) redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d) an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected county
revenue and expenditures, revenue sources, identification of basic and secondary industry,
primary and secondary market areas, employment, and retail sales activity;
(e) recommendations for implementing all or any portion of the general plan, including
the use of land use ordinances, capital improvement plans, community development and
promotion, and any other appropriate action;
(f) provisions addressing any of the matters listed in Subsection 
17-27a-401
(2); and
(g) any other element the county considers appropriate.
Section 10. Section 
17-27a-502
 is amended to read:
17-27a-502.
Preparation and adoption of land use ordinance or zoning map.
(1) The planning commission shall:
(a) provide notice as required by Subsection 
17-27a-205
(1)(a) and, if applicable,
Subsection 
17-27a-205
(4);
(b) hold a public hearing on a proposed land use ordinance or zoning map;
(c) if applicable, consider each written objection filed in accordance with Subsection
17-27a-205
(4) prior to the public hearing; and
(d) (i) prepare and recommend to the legislative body a proposed land use ordinance or
ordinances and zoning map that represent the planning commission's recommendation for
regulating the use and development of land within
:
(A)
 all or any part of the unincorporated area of the county; [
and
] 
or
(B) for a mountainous planning district, all or any part of the area in the mountainous
planning district; and
(ii) forward to the legislative body all objections filed in accordance with Subsection
17-27a-205
(4).
(2) The county legislative body shall consider each proposed land use ordinance and
zoning map recommended to it by the planning commission, and, after providing notice as
required by Subsection 
17-27a-205
(1)(b) and holding a public meeting, the legislative body
may adopt or reject the proposed ordinance or map either as proposed by the planning
commission or after making any revision the county legislative body considers appropriate.
Section 11. Section 
17-27a-505.5
 is amended to read:
17-27a-505.5.
Limit on single family designation.
(1) As used in this section, "single-family limit" means the number of unrelated
individuals allowed to occupy each residential unit that is recognized by a land use authority in
a zone permitting occupancy by a single family.
(2) A county may not adopt a single-family limit that is less than:
(a) three, if the county has within its unincorporated area:
(i) a state university; [
or
]
(ii) a private university with a student population of at least 20,000; or
(iii) a mountainous planning district; or
(b) four, for each other county.
Section 12. Section 
17-27a-602
 is amended to read:
17-27a-602.
Planning commission preparation and recommendation of
subdivision ordinance -- Adoption or rejection by legislative body.
(1) The planning commission shall:
(a) prepare and recommend a proposed ordinance to the legislative body that regulates
the subdivision of land;
(b) prepare and recommend or consider and recommend a proposed ordinance that
amends the regulation of the subdivision of the unincorporated land in the county 
or, in the
case of a mountainous planning district, the mountainous planning district
;
(c) provide notice consistent with Section 
17-27a-205
; and
(d) hold a public hearing on the proposed ordinance before making its final
recommendation to the legislative body.
(2) The county legislative body may adopt or reject the ordinance either as proposed by
the planning commission or after making any revision the county legislative body considers
appropriate.
Section 13. Section 
17-27a-604
 is amended to read:
17-27a-604.
Subdivision plat approval procedure -- Effect of not complying.
(1) A person may not submit a subdivision plat to the county recorder's office for
recording unless:
(a) the person has complied with the requirements of Subsection 
17-27a-603
(4)(a);
(b) the plat has been approved by:
(i) the land use authority of the
:
(A)
 county in whose unincorporated area the land described in the plat is located; [
and
]
or
(B) mountainous planning district in whose area the land described in the plat is
located; and
(ii) other officers that the county designates in its ordinance; and
(c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
designated officers.
(2) An owner of a platted lot is the owner of record sufficient to re-subdivide the lot if
the owner's platted lot is not part of a community association subject to Title 57, Chapter 8a,
Community Association Act.
(3) A plat recorded without the signatures required under this section is void.
(4) A transfer of land pursuant to a void plat is voidable.
Section 14. Section 
17-27a-605
 is amended to read:
17-27a-605.
Exemptions from plat requirement.
(1) Notwithstanding Sections 
17-27a-603
 and 
17-27a-604
, the land use authority may
approve the subdivision of unincorporated land 
or mountainous planning district land
 into 10
lots or less without a plat, by certifying in writing that:
(a) the county has provided notice as required by ordinance; and
(b) the proposed subdivision:
(i) is not traversed by the mapped lines of a proposed street as shown in the general
plan and does not require the dedication of any land for street or other public purposes;
(ii) has been approved by the culinary water authority and the sanitary sewer authority;
(iii) is located in a zoned area; and
(iv) conforms to all applicable land use ordinances or has properly received a variance
from the requirements of an otherwise conflicting and applicable land use ordinance.
(2) (a) Subject to Subsection (1), a lot or parcel resulting from a division of agricultural
land is exempt from the plat requirements of Section 
17-27a-603
 if:
(i) the lot or parcel:
(A) qualifies as land in agricultural use under Section 
59-2-502
; and
(B) is not used and will not be used for any nonagricultural purpose; and
(ii) the new owner of record completes, signs, and records with the county recorder a
notice:
(A) describing the parcel by legal description; and
(B) stating that the lot or parcel is created for agricultural purposes as defined in
Section 
59-2-502
 and will remain so until a future zoning change permits other uses.
(b) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
purpose, the county shall require the lot or parcel to comply with the requirements of Section
17-27a-603
 and all applicable land use ordinance requirements.
(3) (a) Except as provided in Subsection (4), a document recorded in the county
recorder's office that divides property by a metes and bounds description does not create an
approved subdivision allowed by this part unless the land use authority's certificate of written
approval required by Subsection (1) is attached to the document.
(b) The absence of the certificate or written approval required by Subsection (1) does
not:
(i) prohibit the county recorder from recording a document; or
(ii) affect the validity of a recorded document.
(c) A document which does not meet the requirements of Subsection (1) may be
corrected by the recording of an affidavit to which the required certificate or written approval is
attached in accordance with Section 
57-3-106
.
(4) (a) As used in this Subsection (4):
(i) "Divided land" means land that:
(A) is described as the land to be divided in a notice under Subsection (4)(b)(ii); and
(B) has been divided by a minor subdivision.
(ii) "Land to be divided" means land that is proposed to be divided by a minor
subdivision.
(iii) "Minor subdivision" means a division of at least 100 contiguous acres of
agricultural land in a county of the third, fourth, fifth, or sixth class to create one new lot that,
after the division, is separate from the remainder of the original 100 or more contiguous acres
of agricultural land.
(iv) "Minor subdivision lot" means a lot created by a minor subdivision.
(b) Notwithstanding Sections 
17-27a-603
 and 
17-27a-604
, an owner of at least 100
contiguous acres of agricultural land may make a minor subdivision by submitting for
recording in the office of the recorder of the county in which the land to be divided is located:
(i) a recordable deed containing the legal description of the minor subdivision lot; and
(ii) a notice:
(A) indicating that the owner of the land to be divided is making a minor subdivision;
(B) referring specifically to this section as the authority for making the minor
subdivision; and
(C) containing the legal description of:
(I) the land to be divided; and
(II) the minor subdivision lot.
(c) A minor subdivision lot:
(i) may not be less than one acre in size;
(ii) may not be within 1,000 feet of another minor subdivision lot; and
(iii) is not subject to the subdivision ordinance of the county in which the minor
subdivision lot is located.
(d) Land to be divided by a minor subdivision may not include divided land.
(e) A county:
(i) may not deny a building permit to an owner of a minor subdivision lot based on:
(A) the lot's status as a minor subdivision lot; or
(B) the absence of standards described in Subsection (4)(e)(ii); and
(ii) may, in connection with the issuance of a building permit, subject a minor
subdivision lot to reasonable health, safety, and access standards that the county has established
and made public.
Section 15. Section 
17-27a-901
 is enacted to read:
Part 9. Mountainous Planning District
 17-27a-901.
Mountainous planning district.
(1) (a) The legislative body of a county of the first class may adopt an ordinance
designating an area located within the county as a mountainous planning district if the
legislative body determines that:
(i) the area is primarily used for recreational purposes, including canyons, foothills, ski
resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas;
(ii) the area is used by residents of the county who live inside and outside the limits of
a municipality;
(iii) the total resident population in the proposed mountainous planning district is equal
to or less than 5% of the population of the county; and
(iv) the area is within the unincorporated area of the county or was within the
unincorporated area of the county before May 12, 2015.
(b) (i) A mountainous planning district may include within its boundaries a
municipality, whether in whole or in part.
(ii) If a mountainous planning district includes within its boundaries an unincorporated
area, and that area subsequently incorporates as a municipality:
(A) the area of the incorporated municipality that is located in the mountainous
planning district is included within the mountainous planning district boundaries; and
(B) property within the municipality that is also within the mountainous planning
district is subject to the authority of the mountainous planning district.
(iii) A subdivision and zoning ordinance that governs property located within a
mountainous planning district shall control over any subdivision or zoning ordinance, as
applicable, that a municipality may adopt.
(c) The population figure under Subsection (1)(a)(iii) shall be derived from a
population estimate by the Utah Population Estimates Committee.
(d) If any portion of a proposed mountainous planning district includes a municipality
with a land base of five square miles or less, the county shall ensure that all of that municipality
is wholly located within the boundaries of the mountainous planning district.
(2) (a) Notwithstanding Subsection 
10-9a-102
(2), 
17-34-1
(2)(a), or 
17-50-302
(1)(b), or
Section 
17-50-314
, a county may adopt a general plan and adopt a zoning or subdivision
ordinance for a property that is located within:
(i) a mountainous planning district; and
(ii) a municipality.
(b) A county plan or zoning or subdivision ordinance governs a property described in
Subsection (2)(a).
Section 16. Section 
63I-2-210
 is amended to read:
63I-2-210.
Repeal dates -- Title 10.
(1) Section 
10-2-130
 is repealed July 1, 2016.
[
(2) Subsection 
10-9a-305
(2) is repealed July 1, 2013.
]
(2) Subsection 
10-9a-304
(2) is repealed June 1, 2016.
Section 17. Section 
63I-2-217
 is amended to read:
63I-2-217.
Repeal dates -- Title 17.
(1) Subsection 
17-8-7
(2), the language that states "Sections 
17-19-1
 to 
17-19-28
 and"
and ", as applicable," is repealed January 1, 2015.
(2) Section 
17-15-30
 is repealed July 1, 2015.
(3) Title 17, Chapter 19, County Auditor, is repealed January 1, 2015.
(4) Subsection 
17-24-1
(4)(b), the language that states ", as applicable, Sections
17-19-1
, 
17-19-3
, and 
17-19-5
 or" is repealed January 1, 2015.
(5) Subsection 
17-24-4
(2), the language that states ", as applicable, Subsection
17-19-3
(3)(b) or" is repealed January 1, 2015.
(6) Subsection 
17-27a-102
(1)(b), the language that states "or a designated mountainous
planning district" is repealed June 1, 2016.
(7) (a) Subsection 
17-27a-103
(15)(b) is repealed June 1, 2016.
(b) Subsection 
17-27a-103
(34) is repealed June 1, 2016.
(8) Subsection 
17-27a-210
(2)(a), the language that states "or the mountainous planning
district area" is repealed June 1, 2016.
(9) (a) Subsection 
17-27a-301
(1)(b)(iii) is repealed June 1, 2016.
(b) Subsection 
17-27a-301
(1)(c) is repealed June 1, 2016.
(c) Subsection 
17-27a-301
(2)(a), the language that states "described in Subsection
(1)(a) or (c)" is repealed June 1, 2016.
(10) Subsection 
17-27a-302
(1), the language that states ", or mountainous planning
district" and "or the mountainous planning district," is repealed June 1, 2016.
(11) Subsection 
17-27a-305
(1)(a), the language that states "a mountainous planning
district or" and ", as applicable" is repealed June 1, 2016.
(12) (a) Subsection 
17-27a-401
(1)(b)(ii) is repealed June 1, 2016.
(b) Subsection 
17-27a-401
(6) is repealed June 1, 2016.
(13) (a) Subsection 
17-27a-403
(1)(b)(ii) is repealed June 1, 2016.
(b) Subsection 
17-27a-403
(1)(c)(iii) is repealed June 1, 2016.
(c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
district" is repealed June 1, 2016.
(d) Subsection 
17-27a-403
(2)(c)(i), the language that states "or mountainous planning
district" is repealed June 1, 2016.
(14) Subsection 
17-27a-502
(1)(d)(i)(B) is repealed June 1, 2016.
(15) Subsection 
17-27a-505.5
(2)(a)(iii) is repealed June 1, 2016.
(16) Subsection 
17-27a-602
(1)(b), the language that states "or, in the case of a
mountainous planning district, the mountainous planning district" is repealed June 1, 2016.
(17) Subsection 
17-27a-604
(1)(b)(i)(B) is repealed June 1, 2016.
(18) Subsection 
17-27a-605
(1), the language that states "or mountainous planning
district land" is repealed June 1, 2016.
(19) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
2016.
[
(6)
] 
(20)
 (a) Subsection 
17-36-3
(5)(a), the language that states "for a county of the
second, third, fourth, fifth, or sixth class, the county auditor, county clerk, or county executive
as provided in Subsection 
17-19-19
(1); or" is repealed January 1, 2015.
(b) Subsection 
17-36-3
(5)(b), the language that states "for a county of the first class," is
repealed January 1, 2015.
(c) Subsection 
17-36-3
(7), the language that states 
"17-19-3
," and ", or 
17-24-4
, as
applicable" is repealed January 1, 2015.
[
(7)
] 
(21)
 Subsection 
17-36-9
(1)(a)(iii), the language that states 
"17-36-10.1
, as
applicable, or" is repealed January 1, 2015.
[
(8)
] 
(22)
 Subsection 
17-36-10
(1), the language that states the following is repealed
January 1, 2015:
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
sixth class is not subject to the provisions of this section; and
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
is subject to the provisions of this section.".
[
(9)
] 
(23)
 Section 
17-36-10.1
 is repealed January 1, 2015.
[
(10)
] 
(24)
 Subsection 
17-36-11
(1), the language that states the following is repealed
January 1, 2015:
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
sixth class is not subject to the provisions of this section; and
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
is subject to the provisions of this section.".
[
(11)
] 
(25)
 Section 
17-36-11.1
 is repealed January 1, 2015.
[
(12)
] 
(26)
 Subsection 
17-36-15
(1), the language that states the following is repealed
January 1, 2015:
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
sixth class is not subject to the provisions of this section; and
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
is subject to the provisions of this section.".
[
(13)
] 
(27)
 Section 
17-36-15.1
 is repealed January 1, 2015.
[
(14)
] 
(28)
 Subsection 
17-36-20
(1), the language that states the following is repealed
January 1, 2015:
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
sixth class is not subject to the provisions of this section; and
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
is subject to the provisions of this section.".
[
(15)
] 
(29)
 Section 
17-36-20.1
 is repealed January 1, 2015.
[
(l6)
] 
(30)
 Subsection 
17-36-32
(4), the language that states "or 
17-36-20.1
, as
applicable, and" is repealed January 1, 2015.
[
(17)
] 
(31)
 Subsection 
17-36-43
(1), the language that states the following is repealed
January 1, 2015:
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
sixth class is not subject to the provisions of this section; and
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
is subject to the provisions of this section.".
[
(18)
] 
(32)
 Section 
17-36-43.1
 is repealed January 1, 2015.
[
(19)
] 
(33)
 Section 
17-36-44
, the language that states "or 
17-36-43.1
, as applicable" is
repealed January 1, 2015.
[
(20)
] 
(34)
 Subsection 
17-50-401
(1), the language that states the following is repealed
January 1, 2015:
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
sixth class is not subject to the provisions of this section; and
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
is subject to the provisions of this section.".
[
(21)
] 
(35)
 Section 
17-50-401.1
 is repealed January 1, 2015.
[
(22)
] 
(36)
 Subsection 
17-52-101
(2), the language that states "or 
17-52-401.1
, as
applicable" is repealed January 1, 2015.
[
(23)
] 
(37)
 Subsection 
17-52-401
(1), the language that states the following is repealed
January 1, 2015:
"(1) (a) On or before December 31, 2014, a county of the second, third, fourth, fifth, or
sixth class is not subject to the provisions of this section; and
(b) on or after January 1, 2015, a county of the second, third, fourth, fifth, or sixth class
is subject to the provisions of this section.".
[
(24)
] 
(38)
 Section 
17-52-401.1
 is repealed January 1, 2015.
[
(25)
] 
(39)
 Subsection 
17-52-403
(1)(a), the language that states "or 
17-52-401.1
(2)(c),
as applicable" is repealed January 1, 2015.
[
(26)
] 
(40)
 On January 1, 2015, when making the changes in this section, the Office of
Legislative Research and General Counsel shall:
(a) in addition to its authority under Subsection 
36-12-12
(3), make corrections
necessary to ensure that sections and subsections identified in this section are complete
sentences and accurately reflect the office's perception of the Legislature's intent; and
(b) identify the text of the affected sections and subsections based upon the section and
subsection numbers used in Laws of Utah 2012, Chapter 17.
(41) On June 1, 2016, when making the changes in this section, the Office of
Legislative Research and General Counsel shall:
(a) in addition to its authority under Subsection 
36-12-12
(3), make corrections
necessary to ensure that sections and subsections identified in this section are complete
sentences and accurately reflect the office's perception of the Legislature's intent; and
(b) identify the text of the affected sections and subsections based upon the section and
subsection numbers used in this bill.
Section 18. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace the language "this bill" in Subsection
63I-2-217
(41)(b) with the bill's designated chapter number in the Laws of Utah.