Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 124 Third Substitute (2015GS)

Sponsor

Sen. Stevenson, J.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• authorizes a municipality or county to make certain exceptions from specific zoning district standards;
• requires a surveyor to consult with an owner or operator of an existing or proposed underground facility or utility facility for verification of the surveyor's depiction;
• amends provisions related to the completion of landscaping and infrastructure improvement prior to recording a plat;
• amends provisions prohibiting certain counties from adopting a land use ordinance that requires an owner to landscape certain single family dwellings;
• prohibits a municipality or a county from denying a building permit for an incomplete nonessential improvement; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

LAND USE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jerry W. Stevenson
House Sponsor: 
Mike Schultz
LONG TITLE
General Description:
This bill amends municipal and county land use provisions.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ authorizes a municipality or county to make certain exceptions from specific zoning
district standards;
▸ requires a surveyor to consult with an owner or operator of an existing or proposed
underground facility or utility facility for verification of the surveyor's depiction;
▸ amends provisions related to the completion of landscaping and infrastructure
improvement prior to recording a plat;
▸ amends provisions prohibiting certain counties from adopting a land use ordinance
that requires an owner to landscape certain single family dwellings;
▸ prohibits a municipality or a county from denying a building permit for an
incomplete nonessential improvement; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-103
, as last amended by Laws of Utah 2014, Chapters 136 and 363
10-9a-505
, as last amended by Laws of Utah 2008, Chapter 326
10-9a-603
, as last amended by Laws of Utah 2010, Chapters 269 and 381
10-9a-604.5
, as repealed and reenacted by Laws of Utah 2013, Chapter 309
10-9a-606
, as last amended by Laws of Utah 2010, Chapter 381
10-9a-802
, as renumbered and amended by Laws of Utah 2005, Chapter 254
17-27a-103
, as last amended by Laws of Utah 2014, Chapters 136 and 363
17-27a-505
, as last amended by Laws of Utah 2013, Chapter 476
17-27a-603
, as last amended by Laws of Utah 2011, Chapter 377
17-27a-604.5
, as repealed and reenacted by Laws of Utah 2013, Chapter 309
17-27a-606
, as last amended by Laws of Utah 2010, Chapter 381
17-27a-802
, as renumbered and amended by Laws of Utah 2005, Chapter 254
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-103
 is amended to read:
10-9a-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
public utility, property owner, property owners association, 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 municipality a copy of the entity's general or long-range
plan; or
(c) the entity has filed with the municipality a request for notice during the same
calendar year and before the municipality 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) "Conditional use" means a land use that, because of its unique characteristics or
potential impact on the municipality, 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.
(6) "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.
(7) "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.
(8) "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.
(9) (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.
(10) "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 (10)(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 (10)(a)(i);
and
(B) used in support of the purposes of a building described in Subsection (10)(a)(i); or
(ii) a therapeutic school.
(11) "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.
(12) "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.
(13) "General plan" means a document that a municipality adopts that sets forth general
guidelines for proposed future development of the land within the municipality.
(14) "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.
(15) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other
utility system.
(16) "Identical plans" means building plans submitted to a municipality that:
(a) are clearly marked as "identical plans";
(b) are substantially identical to building plans that were previously submitted to and
reviewed and approved by the municipality; 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 municipality; and
(iv) does not require any additional engineering or analysis.
(17) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a,
Impact Fees Act.
(18) "Improvement completion assurance" means a surety bond, letter of credit,
financial institution bond,
 cash, 
assignment of rights, lien,
 or other 
equivalent
 security required
by a municipality to guaranty the proper completion of landscaping or 
an
 infrastructure [
that
the land use authority has
] 
improvement
 required as a condition precedent to:
(a) recording a subdivision plat; or
(b) [
beginning
] development [
activity
] 
of a commercial, industrial, mixed use, or
multifamily project
.
(19) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and
 accepted landscaping or infrastructure 
improvement
:
(a) complies with the municipality'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.
(20) "Improvement warranty period" means a period:
(a) no later than one year after a municipality's acceptance of required landscaping; or
(b) no later than one year after a municipality's acceptance of required infrastructure,
unless the municipality:
(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 municipality has not otherwise required the applicant to mitigate the suspect soil.
(21) "Infrastructure improvement" means permanent infrastructure that an applicant
must install:
(a) pursuant to published installation and inspection specifications for public
improvements; and
(b) as a condition of:
(i) recording a subdivision plat; or
(ii) development of a commercial, industrial, mixed use, condominium, or multifamily
project.
[
(21)
] 
(22)
 "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.
[
(22)
] 
(23)
 "Land use application" means an application required by a municipality's
land use ordinance.
[
(23)
] 
(24)
 "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.
[
(24)
] 
(25)
 "Land use ordinance" means a planning, zoning, development, or
subdivision ordinance of the municipality, but does not include the general plan.
[
(25)
] 
(26)
 "Land use permit" means a permit issued by a land use authority.
[
(26)
] 
(27)
 "Legislative body" means the municipal council.
[
(27)
] 
(28)
 "Local district" means an 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.
[
(28)
] 
(29)
 "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.
[
(29)
] 
(30)
 "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 city is located.
[
(30)
] 
(31)
 "Nominal fee" means a fee that reasonably reimburses a municipality 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.
[
(31)
] 
(32)
 "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, which
govern the use of land.
[
(32)
] 
(33)
 "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 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.
[
(33)
] 
(34)
 "Official map" means a map drawn by municipal authorities and recorded in
a 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 municipality's general plan.
[
(34)
] 
(35)
 "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.
[
(35)
] 
(36)
 "Person" means an individual, corporation, partnership, organization,
association, trust, governmental agency, or any other legal entity.
[
(36)
] 
(37)
 "Plan for moderate income housing" means a written document adopted by
a city legislative body that includes:
(a) an estimate of the existing supply of moderate income housing located within the
city;
(b) an estimate of the need for moderate income housing in the city 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 city's program to encourage an adequate supply of moderate
income housing.
[
(37)
] 
(38)
 "Plat" means a map or other graphical representation of lands being laid out
and prepared in accordance with Section 
10-9a-603
, 
17-23-17
, or 
57-8-13
.
[
(38)
] 
(39)
 "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.
[
(39)
] 
(40)
 "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.
[
(40)
] 
(41)
 "Public hearing" means a hearing at which members of the public are
provided a reasonable opportunity to comment on the subject of the hearing.
[
(41)
] 
(42)
 "Public meeting" means a meeting that is required to be open to the public
under Title 52, Chapter 4, Open and Public Meetings Act.
[
(42)
] 
(43)
 "Receiving zone" means an area of a municipality that the municipality
designates, by ordinance, as an area in which an owner of land may receive a transferable
development right.
[
(43)
] 
(44)
 "Record of survey map" means a map of a survey of land prepared in
accordance with Section 
17-23-17
.
[
(44)
] 
(45)
 "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.
[
(45)
] 
(46)
 "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.
[
(46)
] 
(47)
 "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.
[
(47)
] 
(48)
 "Sending zone" means an area of a municipality that the municipality
designates, by ordinance, as an area from which an owner of land may transfer a transferable
development right.
[
(48)
] 
(49)
 "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
[
(49)
] 
(50)
 "Specified public utility" means an electrical corporation, gas corporation,
or telephone corporation, as those terms are defined in Section 
54-2-1
.
[
(50)
] 
(51)
 "State" includes any department, division, or agency of the state.
[
(51)
] 
(52)
 "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.
[
(52)
] 
(53)
 (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 [
(52)
] 
(53)
(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 the purpose of joining one of
the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if
neither the resulting combined parcel nor the parcel remaining from the division or partition
violates an applicable land use ordinance;
(ii) a recorded agreement between owners of adjoining unsubdivided 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 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;
(v) 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
(vi) 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 [
(52)
] 
(53)
 as to
the unsubdivided parcel of property or subject the unsubdivided parcel to the municipality's
subdivision ordinance.
[
(53)
] 
(54)
 "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.
[
(54)
] 
(55)
 "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.
[
(55)
] 
(56)
 "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.
[
(56)
] 
(57)
 "Unincorporated" means the area outside of the incorporated area of a city
or town.
[
(57)
] 
(58)
 "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
.
[
(58)
] 
(59)
 "Zoning map" means a map, adopted as part of a land use ordinance, that
depicts land use zones, overlays, or districts.
Section 2. Section 
10-9a-505
 is amended to read:
10-9a-505.
Zoning districts.
(1) (a) The legislative body may divide the territory over which it has jurisdiction into
zoning districts of a number, shape, and area that it considers appropriate to carry out the
purposes of this chapter.
(b) Within those zoning districts, the legislative body may regulate and restrict the
erection, construction, reconstruction, alteration, repair, or use of buildings and structures, and
the use of land.
(c) A municipality may enact an ordinance regulating land use and development in a
flood plain or potential geologic hazard area to:
(i) protect life; and
(ii) prevent:
(A) the substantial loss of real property; or
(B) substantial damage to real property.
(2) The legislative body shall ensure that the regulations are uniform for each class or
kind of buildings throughout each zoning district, but the regulations in one zone may differ
from those in other zones.
(3) (a) There is no minimum area or diversity of ownership requirement for a zone
designation.
(b) Neither the size of a zoning district nor the number of landowners within the
district may be used as evidence of the illegality of a zoning district or of the invalidity of a
municipal decision.
(4) A municipality may by ordinance exempt from specific zoning district standards a
subdivision of land to accommodate the siting of a public utility infrastructure.
Section 3. Section 
10-9a-603
 is amended to read:
10-9a-603.
Plat required when land is subdivided -- Approval of plat -- Owner
acknowledgment, surveyor certification, and underground utility facility owner
verification of plat -- Recording plat.
(1) Unless exempt under Section 
10-9a-605
 or excluded from the definition of
subdivision under Section 
10-9a-103
, whenever any land is laid out and platted, the owner of
the land shall provide an accurate plat that describes or specifies:
(a) a subdivision name that is distinct from any subdivision name on a plat recorded in
the county recorder's office;
(b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
intended to be used as a street or for any other public use, and whether any such area is
reserved or proposed for dedication for a public purpose;
(c) the lot or unit reference, block or building reference, street or site address, street
name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
and width of the blocks and lots intended for sale; and
(d) every existing right-of-way and easement grant of record for 
an
 underground
[
facilities
] 
facility
, as defined in Section 
54-8a-2
, and for 
any
 other utility [
facilities
] 
facility
.
(2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the municipality's
ordinances and this part and has been approved by the culinary water authority [
and
]
,
 the
sanitary sewer authority, 
and the local health department, as defined in Section 
26A-1-102
, if
the local health department and the municipality consider the local health department's
approval necessary,
 the municipality shall approve the plat.
(b) Municipalities are encouraged to receive a recommendation from the fire authority
before approving a plat.
(c) A municipality may not require that a plat be approved or signed by a person or
entity who:
(i) is not an employee or agent of the municipality;
(ii) does not:
(A) have a legal or equitable interest in the property within the proposed subdivision;
(B) provide a utility or other service directly to a lot within the subdivision;
(C) own an easement or right-of-way adjacent to the proposed subdivision who signs
for the purpose of confirming the accuracy of the location of the easement or right-of-way in
relation to the plat; or
(D) provide culinary public water service whose source protection zone designated as
provided in Section 
19-4-113
 is included, in whole or in part, within the proposed subdivision;
or
(iii) is not entitled to notice of the subdivision pursuant to Subsection
10-9a-509
(1)(b)(iv) for the purpose of determining the accuracy of the information depicted on
the plat.
(3) The municipality may withhold an otherwise valid plat approval until the owner of
the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
penalties owing on the land have been paid.
(4) (a) A plat may not be submitted to a county recorder for recording unless:
(i) prior to recordation, each owner of record of land described on the plat has signed
the owner's dedication as shown on the plat; and
(ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
provided by law.
(b) The surveyor making the plat shall certify that the surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; and
(iii) has placed monuments as represented on the plat.
(c) (i) [
As applicable
] 
To the extent possible
, the 
surveyor shall consult with the
 owner
or operator of [
the
] 
an existing or proposed
 underground [
and
] 
facility or
 utility [
facilities shall
approve
] 
facility within the proposed subdivision, or a representative designated by the owner
or operator, to verify the accuracy of the surveyor's depiction of
 the:
(A) boundary, course, dimensions, and intended use of the [
right-of-way and
] 
public
rights-of-way, a public or private
 easement
, or
 grants of record;
(B) location of 
an
 existing underground 
facility
 and utility [
facilities
] 
facility
; and
(C) [
conditions or
] 
physical
 restrictions governing the location of the [
facilities within
the right-of-way, and easement grants of records,
] 
underground facility
 and utility [
facilities
]
facility
 within the subdivision.
(ii) The [
approval
] 
cooperation
 of an owner or operator under Subsection (4)(c)(i):
(A) indicates only that the plat approximates the location of the existing underground
and utility facilities but does not warrant or verify their precise location; and
(B) does not affect a right that the owner or operator has under:
(I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
(II) a recorded easement or right-of-way;
(III) the law applicable to prescriptive rights; or
(IV) any other provision of law.
(5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
land shall, within the time period designated by ordinance, record the plat in the county
recorder's office in the county in which the lands platted and laid out are situated.
(b) An owner's failure to record a plat within the time period designated by ordinance
renders the plat voidable.
Section 4. Section 
10-9a-604.5
 is amended to read:
10-9a-604.5.
Subdivision plat recording or development activity before required
infrastructure is completed -- Infrastructure completion assurance -- Infrastructure
warranty.
(1) A land use authority shall establish objective inspection standards for acceptance of
a 
required
 landscaping or infrastructure improvement [
required by the land use authority as a
condition of:
]
.
[
(a) subdivision; or
]
[
(b) development activity.
]
(2) (a) A land use authority shall require an applicant to complete a required
landscaping or infrastructure improvement prior to any plat recordation or development
activity.
(b) Subsection (2)(a) does not apply if:
(i) upon the applicant's request, the land use authority has authorized the applicant to
post an improvement completion assurance in a manner that is consistent with local ordinance;
and
(ii) the land use authority has established a system for the partial release of the
improvement completion assurance as portions of required improvements are completed and
accepted.
(3) At any time up to the land use authority's acceptance of a landscaping or
infrastructure improvement, and for the duration of each improvement warranty period, the
land use authority may require the developer to:
(a) execute an improvement warranty for the improvement warranty period; and
(b) post a cash deposit, surety bond, letter of credit, or other similar security, as
required by the municipality, in the amount of up to 10% of the lesser of the:
(i) 
municipal
 engineer's original estimated cost of completion; or
(ii) applicant's reasonable proven cost of completion.
(4) The provisions of this section may not be interpreted to supersede the terms of a
valid development agreement, an adopted phasing plan, or the state construction code.
Section 5. Section 
10-9a-606
 is amended to read:
10-9a-606.
Common or community area parcels on a plat -- No separate
ownership -- Ownership interest equally divided among other parcels on plat and
included in description of other parcels.
(1) (a) A parcel designated as a common or community area on a plat recorded in
compliance with this part may not be separately owned or conveyed independent of the other
lots, units, or parcels created by the plat unless:
(i) the parcel is being acquired by a municipality for a governmental purpose; and
(ii) the conveyance is approved by the owners of at least 75% of the lots, units, or
parcels on the plat, after the municipality gives its approval.
(b) A notice of the owner approval described in Subsection (1)(a)(ii) shall be:
(i) attached as an exhibit to the document of conveyance; or
(ii) recorded concurrently with the conveyance as a separate document.
(2) The ownership interest in a parcel described in Subsection (1) shall:
(a) for purposes of assessment, be divided equally among all parcels created by the
plat, unless a different division of interest for assessment purposes is indicated on the plat or an
accompanying recorded document; and
(b) be considered to be included in the description of each instrument describing a
parcel on the plat by its identifying plat number, even if the common or community area
interest is not explicitly stated in the instrument.
(3) A parcel designated as common or community area on a plat before, on, or after
May 12, 2015, may be modified in size and location if the modification:
(a) is approved as part of a subdivision plat amendment by the local government;
(b) is approved by at least 75% of the voting interests in a homeowners association
having an interest in the common or community area, if any;
(c) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
there is no homeowners association having an interest in the common or community area, if
any; and
(d) does not create a new buildable lot.
(4) A parcel designated as common or community area on a plat before, on, or after
May 12, 2015, may be modified in size without a subdivision plat amendment approval by the
local government, if the modification:
(a) is a lot line adjustment approved by at least 75% of the voting interests in a
homeowners association having an interest in the common or community area, if any;
(b) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
there is no homeowners association having an interest in the common or community area, if
any; and
(c) does not create a new buildable lot.
Section 6. Section 
10-9a-802
 is amended to read:
10-9a-802.
Enforcement.
(1) (a) A municipality or any adversely affected owner of real estate within the
municipality in which violations of this chapter or ordinances enacted under the authority of
this chapter occur or are about to occur may, in addition to other remedies provided by law,
institute:
(i) injunctions, mandamus, abatement, or any other appropriate actions; or
(ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
(b) A municipality need only establish the violation to obtain the injunction.
(2) (a) [
The
] 
A
 municipality may enforce the 
municipality's
 ordinance by withholding 
a
building [
permits
] 
permit
.
(b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any
building or other structure within a municipality without approval of a building permit.
(c) [
The
] 
A
 municipality may not issue a building permit unless the plans of and for the
proposed erection, construction, reconstruction, alteration, or use fully conform to all
regulations then in effect.
(d) A municipality may not deny an applicant a building permit because the applicant
has not completed an infrastructure improvement:
(i) that is not essential to meet the requirements for the issuance of a building permit
under the building code and fire code; and
(ii) for which the municipality has accepted an infrastructure improvement assurance
for infrastructure improvements for the development.
Section 7. 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 the unincorporated land within the county.
(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,
financial institution bond,
 cash, 
assignment of rights, lien,
 or other 
equivalent
 security required
by a county to guaranty the proper completion of landscaping or 
an
 infrastructure [
that the land
use authority has
] 
improvement
 required as a condition precedent to:
(a) recording a subdivision plat; or
(b) [
beginning
] development [
activity
] 
of a commercial, industrial, mixed use, or
multifamily project
.
(21) "Improvement warranty" means an applicant's unconditional warranty that the
applicant's installed and
 accepted landscaping or infrastructure 
improvement
:
(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) "Infrastructure improvement" means permanent infrastructure that an applicant
must install:
(a) pursuant to published installation and inspection specifications for public
improvements; and
(b) as a condition of:
(i) recording a subdivision plat; or
(ii) development of a commercial, industrial, mixed use, condominium, or multifamily
project.
[
(23)
] 
(24)
 "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)
] 
(25)
 "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)
] 
(26)
 "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)
] 
(27)
 "Land use application" means an application required by a county's land use
ordinance.
[
(27)
] 
(28)
 "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)
] 
(29)
 "Land use ordinance" means a planning, zoning, development, or
subdivision ordinance of the county, but does not include the general plan.
[
(29)
] 
(30)
 "Land use permit" means a permit issued by a land use authority.
[
(30)
] 
(31)
 "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)
] 
(32)
 "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)
] 
(33)
 "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)
] 
(34)
 "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)
] 
(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 8. Section 
17-27a-505
 is amended to read:
17-27a-505.
Zoning districts.
(1) (a) The legislative body may divide the territory over which it has jurisdiction into
zoning districts of a number, shape, and area that it considers appropriate to carry out the
purposes of this chapter.
(b) Within those zoning districts, the legislative body may regulate and restrict the
erection, construction, reconstruction, alteration, repair, or use of buildings and structures, and
the use of land.
(c) A county may enact an ordinance regulating land use and development in a flood
plain or potential geologic hazard area to:
(i) protect life; and
(ii) prevent:
(A) the substantial loss of real property; or
(B) substantial damage to real property.
(d) A county 
of the second, third, fourth, fifth, or sixth class
 may not adopt a land use
ordinance requiring a property owner to revegetate or landscape a single family dwelling
disturbance area unless the property is located in a flood zone or geologic hazard except as
required in Title 19, Chapter 5, Water Quality Act, to comply with federal law related to water
pollution.
(2) The legislative body shall ensure that the regulations are uniform for each class or
kind of buildings throughout each zone, but the regulations in one zone may differ from those
in other zones.
(3) (a) There is no minimum area or diversity of ownership requirement for a zone
designation.
(b) Neither the size of a zoning district nor the number of landowners within the
district may be used as evidence of the illegality of a zoning district or of the invalidity of a
county decision.
(4) A county may by ordinance exempt from specific zoning district standards a
subdivision of land to accommodate the siting of a public utility infrastructure.
Section 9. Section 
17-27a-603
 is amended to read:
17-27a-603.
Plat required when land is subdivided -- Approval of plat -- Owner
acknowledgment, surveyor certification, and underground utility facility owner
verification of plat -- Recording plat.
(1) Unless exempt under Section 
17-27a-605
 or excluded from the definition of
subdivision under Section 
17-27a-103
, whenever any land is laid out and platted, the owner of
the land shall provide an accurate plat that describes or specifies:
(a) a subdivision name that is distinct from any subdivision name on a plat recorded in
the county recorder's office;
(b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
intended to be used as a street or for any other public use, and whether any such area is
reserved or proposed for dedication for a public purpose;
(c) the lot or unit reference, block or building reference, street or site address, street
name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
and width of the blocks and lots intended for sale; and
(d) every existing right-of-way and easement grant of record for 
an
 underground
[
facilities
] 
facility
, as defined in Section 
54-8a-2
, and for 
any
 other utility [
facilities
] 
facility
.
(2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the county's
ordinances and this part and has been approved by the culinary water authority [
and
]
,
 the
sanitary sewer authority, 
and the local health department, as defined in Section 
26A-1-102
, if
the local health department and the county consider the local health department's approval
necessary,
 the county shall approve the plat.
(b) Counties are encouraged to receive a recommendation from the fire authority before
approving a plat.
(c) A county may not require that a plat be approved or signed by a person or entity
who:
(i) is not an employee or agent of the county;
(ii) does not:
(A) have a legal or equitable interest in the property within the proposed subdivision;
(B) provide a utility or other service directly to a lot within the subdivision;
(C) own an easement or right-of-way adjacent to the proposed subdivision who signs
for the purpose of confirming the accuracy of the location of the easement or right-of-way in
relation to the plat; or
(D) provide culinary public water service whose source protection zone designated as
provided in Section 
19-4-113
 is included, in whole or in part, within the proposed subdivision;
or
(iii) is not entitled to notice of the subdivision pursuant to Subsection
17-27a-508
(1)(b)(iv) for the purpose of determining the accuracy of the information depicted
on the plat.
(3) The county may withhold an otherwise valid plat approval until the owner of the
land provides the legislative body with a tax clearance indicating that all taxes, interest, and
penalties owing on the land have been paid.
(4) (a) A plat may not be submitted to a county recorder for recording unless, subject to
Subsection 
17-27a-604
(2):
(i) prior to recordation, each owner of record of land described on the plat has signed
the owner's dedication as shown on the plat; and
(ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
provided by law.
(b) The surveyor making the plat shall certify that the surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; and
(iii) has placed monuments as represented on the plat.
(c) (i) [
As applicable
] 
To the extent possible
, the 
surveyor shall consult with the
 owner
or operator of [
the
] 
an existing or proposed
 underground [
and
] 
facility or
 utility [
facilities shall
approve
] 
facility within the proposed subdivision, or a representative designated by the owner
or operator, to verify the accuracy of the surveyor's depiction of
 the:
(A) boundary, course, dimensions, and intended use of the [
right-of-way and
] 
public
rights-of-way, a public or private
 easement
, or
 grants of record;
(B) location of 
an
 existing underground 
facility
 and utility [
facilities
] 
facility
; and
(C) [
conditions or
] 
physical
 restrictions governing the location of the [
facilities within
the right-of-way, and easement grants of records,
] 
underground facility
 and utility [
facilities
]
facility
 within the subdivision.
(ii) The [
approval
] 
cooperation
 of an owner or operator under Subsection (4)(c)(i):
(A) indicates only that the plat approximates the location of the existing underground
and utility facilities but does not warrant or verify their precise location; and
(B) does not affect a right that the owner or operator has under:
(I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
(II) a recorded easement or right-of-way;
(III) the law applicable to prescriptive rights; or
(IV) any other provision of law.
(5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
land shall, within the time period designated by ordinance, record the plat in the county
recorder's office in the county in which the lands platted and laid out are situated.
(b) An owner's failure to record a plat within the time period designated by ordinance
renders the plat voidable.
Section 10. Section 
17-27a-604.5
 is amended to read:
17-27a-604.5.
Subdivision plat recording or development activity before required
infrastructure is completed -- Infrastructure completion assurance -- Infrastructure
warranty.
(1) A land use authority shall establish objective inspection standards for acceptance of
a 
required
 landscaping or infrastructure improvement [
required by the land use authority as a
condition of:
]
.
[
(a) subdivision; or
]
[
(b) development activity.
]
(2) (a) A land use authority shall require an applicant to complete a required
landscaping or infrastructure improvement prior to any plat recordation or development
activity.
(b) Subsection (2)(a) does not apply if:
(i) upon the applicant's request, the land use authority has authorized the applicant to
post an improvement completion assurance in a manner that is consistent with local ordinance;
and
(ii) the land use authority has established a system for the partial release of the
improvement completion assurance as portions of required improvements are completed and
accepted.
(3) At any time up to the land use authority's acceptance of a landscaping or
infrastructure improvement, and for the duration of each improvement warranty period, the
land use authority may require the developer to:
(a) execute an improvement warranty for the improvement warranty period; and
(b) post a cash deposit, surety bond, letter of credit, or other similar security, as
required by the county, in the amount of up to 10% of the lesser of the:
(i) 
county
 engineer's original estimated cost of completion; or
(ii) applicant's reasonable proven cost of completion.
(4) The provisions of this section may not be interpreted to supersede the terms of a
valid development agreement, an adopted phasing plan, or the state construction code.
Section 11. Section 
17-27a-606
 is amended to read:
17-27a-606.
Common or community area parcels on a plat -- No separate
ownership -- Ownership interest equally divided among other parcels on plat and
included in description of other parcels.
(1) (a) A parcel designated as a common or community area on a plat recorded in
compliance with this part may not be separately owned or conveyed independent of the other
lots, units, or parcels created by the plat unless:
(i) the parcel is being acquired by a county for a governmental purpose; and
(ii) the conveyance is approved by the owners of at least 75% of the lots, units, or
parcels on the plat, after the county gives its approval.
(b) A notice of the approval required in Subsection (1)(a)(ii) shall be:
(i) attached as an exhibit to the document of conveyance; or
(ii) recorded concurrently with the conveyance as a separate document.
(2) The ownership interest in a parcel described in Subsection (1) shall:
(a) for purposes of assessment, be divided equally among all parcels created by the
plat, unless a different division of interest for assessment purposes is indicated on the plat or an
accompanying recorded document; and
(b) be considered to be included in the description of each instrument describing a
parcel on the plat by its identifying plat number, even if the common or community area
interest is not explicitly stated in the instrument.
(3) A parcel designated as common or community area on a plat before, on, or after
May 12, 2015, may be modified in size and location if the modification:
(a) is approved as part of a subdivision plat amendment by the local government;
(b) is approved by at least 75% of the voting interests in a homeowners association
having an interest in the common or community area, if any;
(c) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
there is no homeowners association having an interest in the common or community area, if
any; and
(d) does not create a new buildable lot.
(4) A parcel designated as common or community area on a plat before, on, or after
May 12, 2015, may be modified in size without a subdivision plat amendment approval by the
local government, if the modification:
(a) is a lot line adjustment approved by at least 75% of the voting interests in a
homeowners association having an interest in the common or community area, if any;
(b) is approved by at least 75% of the owners of lots, units, or parcels on the plat if
there is no homeowners association having an interest in the common or community area, if
any; and
(c) does not create a new buildable lot.
Section 12. Section 
17-27a-802
 is amended to read:
17-27a-802.
Enforcement.
(1) (a) A county or any adversely affected owner of real estate within the county in
which violations of this chapter or ordinances enacted under the authority of this chapter occur
or are about to occur may, in addition to other remedies provided by law, institute:
(i) injunctions, mandamus, abatement, or any other appropriate actions; or
(ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
(b) A county need only establish the violation to obtain the injunction.
(2) (a) [
The
] 
A
 county may enforce the 
county's
 ordinance by withholding 
a
 building
[
permits
] 
permit
.
(b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any
building or other structure within a county without approval of a building permit.
(c) The county may not issue a building permit unless the plans of and for the proposed
erection, construction, reconstruction, alteration, or use fully conform to all regulations then in
effect.
(d) A county may not deny an applicant a building permit because the applicant has not
completed an infrastructure improvement:
(i) that is not essential to meet the requirements for the issuance of a building permit
under the building code and fire code; and
(ii) for which the county has accepted an infrastructure improvement assurance for
infrastructure improvements for the development.