Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 358 First Substitute (2018GS)

Sponsor

Rep. Ray, P.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires a municipality and a county to submit, to the Automated Geographic Reference Center, information for inclusion in the unified statewide 911 emergency service database;
• requires the State Geographic Information Database to contain certain information regarding each public highway in the state; and
• makes conforming changes.

Every vote on this bill

Bill text

STATE DATABASES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill establishes provisions relating to information to be contained in certain
databases maintained by the state.
Highlighted Provisions:
This bill:
▸ requires a municipality and a county to submit, to the Automated Geographic
Reference Center, information for inclusion in the unified statewide 911 emergency
service database;
▸ requires the State Geographic Information Database to contain certain information
regarding each public highway in the state; and
▸ makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-603
, as last amended by Laws of Utah 2017, Chapters 410 and 428
10-9a-604
, as last amended by Laws of Utah 2017, Chapter 405
17-27a-603
, as last amended by Laws of Utah 2017, Chapters 410 and 428
17-27a-604
, as last amended by Laws of Utah 2017, Chapter 405
63F-1-507
, as last amended by Laws of Utah 2009, Chapter 350
Be it enacted by the Legislature of the state of Utah:
Section 1. 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
facility, as defined in Section 
54-8a-2
, and for any other utility facility.
(2) (a) Subject to Subsections (3), (4), and [
(5)
] 
(6)
, if the plat conforms to the
municipality's ordinances and this part and has been approved by the culinary water authority,
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.
]
(b) (i) Before approving a plat, a municipality shall request recommendations on the
plat from the fire authority and the public safety answering point that have jurisdiction over the
area described in the plat.
(ii) If a fire authority or public safety answering point fails to provide a
recommendation on the plat within 20 days after the municipality requests a recommendation
under Subsection (2)(b)(i), the municipality may approve the plat without the recommendation.
(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; or
(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.
(d) For a subdivision application that includes land located within a notification zone,
as determined under Subsection (2)(e), the land use authority shall:
(i) within 20 days after the day on which a complete subdivision application is filed,
provide written notice of the application to the canal owner or associated canal operator contact
described in:
(A) Section 
10-9a-211
;
(B) Subsection 
73-5-7
(2); or
(C) Subsection [
(4)
] 
(5)
(c); and
(ii) wait to approve or reject the subdivision application for at least 20 days after the
day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
to receive input from the canal owner or associated canal operator, including input regarding:
(A) access to the canal;
(B) maintenance of the canal;
(C) canal protection; and
(D) canal safety.
(e) The land use authority shall provide the notice described in Subsection (2)(d) to a
canal owner or associated canal operator if:
(i) the canal's centerline is located within 100 feet of a proposed subdivision; and
(ii) the centerline alignment is available to the land use authority:
(A) from information provided by the canal company under Section 
10-9a-211
, using
mapping-grade global positioning satellite units or digitized data from the most recent aerial
photo available to the canal owner or associated canal operator;
(B) using the state engineer's inventory of canals under Section 
73-5-7
; or
(C) from information provided by a surveyor under Subsection [
(4)
] 
(5)
(c).
(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) Within 30 days after approving a final plat under this section, a municipality
shall submit to the Automated Geographic Reference Center, created in Section 
63F-1-506
, for
inclusion in the unified statewide 911 emergency service database described in Subsection
63H-7a-304
(4)(b):
(i) an electronic copy of the approved final plat; or
(ii) preliminary geospatial data that depict any new streets and situs addresses proposed
for construction within the bounds of the approved plat.
(b) If requested by the Automated Geographic Reference Center, a municipality that
approves a final plat under this section shall:
(i) coordinate with the Automated Geographic Reference Center to validate the
information described in Subsection (4)(a); and
(ii) assist the Automated Geographic Reference Center in creating electronic files that
contain the information described in Subsection (4)(a) for inclusion in the unified statewide
emergency service database.
[
(4)
] 
(5)
 (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)
] 
(5)
(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) To the extent possible, the surveyor shall consult with the owner or operator of
an existing or proposed underground facility or utility 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 public rights-of-way, a
public or private easement, or grants of record;
(B) location of an existing underground facility and utility facility; and
(C) physical restrictions governing the location of the underground facility and utility
facility within the subdivision.
(ii) The cooperation of an owner or operator under Subsection [
(4)
] 
(5)
(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)
] 
(6)
 (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 2. Section 
10-9a-604
 is amended to read:
10-9a-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 
10-9a-603
[
(4)
]
(5)
(a);
(b) the plat has been approved by:
(i) the land use authority of the municipality in which the land described in the plat is
located; and
(ii) other officers that the municipality designates in its ordinance;
(c) all approvals described in Subsection (1)(b) are entered in writing on the plat by the
designated officers; and
(d) if the person submitting the plat intends the plat to be or if the plat is part of a
community association subject to Title 57, Chapter 8a, Community Association Act, the plat
includes language conveying to the association, as that term is defined in Section 
57-8a-102
, all
common areas, as that term is defined in Section 
57-8a-102
. 
(2) A subdivision plat recorded without the signatures required under this section is
void.
(3) A transfer of land pursuant to a void plat is voidable.
Section 3. 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
facility, as defined in Section 
54-8a-2
, and for any other utility facility.
(2) (a) Subject to Subsections (3), (4), and [
(5)
] 
(6)
, if the plat conforms to the county's
ordinances and this part and has been approved by the culinary water authority, 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.
]
(b) (i) Before approving a plat, a county shall request recommendations on the plat
from the fire authority and the public safety answering point that have jurisdiction over the area
described in the plat.
(ii) If a fire authority or public safety answering point fails to provide a
recommendation on the plat within 20 days after the county requests a recommendation under
Subsection (2)(b)(i), the county may approve the plat without the recommendation.
(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; or
(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.
(d) For a subdivision application that includes land located within a notification zone,
as determined under Subsection (2)(e), the land use authority shall:
(i) within 20 days after the day on which a complete subdivision application is filed,
provide written notice of the application to the canal owner or associated canal operator contact
described in:
(A) Section 
17-27a-211
;
(B) Subsection 
73-5-7
(2); or
(C) Subsection [
(4)
] 
(5)
(c); and
(ii) wait to approve or reject the subdivision application for at least 20 days after the
day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
receive input from the canal owner or associated canal operator, including input regarding:
(A) access to the canal;
(B) maintenance of the canal;
(C) canal protection; and
(D) canal safety.
(e) The land use authority shall provide the notice described in Subsection (2)(d) to a
canal owner or associated canal operator if:
(i) the canal's centerline is located within 100 feet of a proposed subdivision; and
(ii) the centerline alignment is available to the land use authority:
(A) from information provided by the canal company under Section 
17-27a-211
 using
mapping-grade global positioning satellite units or digitized data from the most recent aerial
photo available to the canal owner or canal operator;
(B) using the state engineer's inventory of canals under Section 
73-5-7
; or
(C) from information provided by a surveyor under Subsection [
(4)
] 
(5)
(c).
(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) Within 30 days after approving a final plat under this section, a county shall
submit to the Automated Geographic Reference Center, created in Section 
63F-1-506
, for
inclusion in the unified statewide 911 emergency service database described in Subsection
63H-7a-304
(4)(b):
(i) an electronic copy of the approved final plat; or
(ii) preliminary geospatial data that depict any new streets and situs addresses proposed
for construction within the bounds of the approved plat.
(b) If requested by the Automated Geographic Reference Center, a county that
approves a final plat under this section shall:
(i) coordinate with the Automated Geographic Reference Center to validate the
information described in Subsection (4)(a); and
(ii) assist the Automated Geographic Reference Center in creating electronic files that
contain the information described in Subsection (4)(a) for inclusion in the unified statewide
emergency service database.
[
(4)
] 
(5)
 (a) A plat may not be submitted to a county recorder for recording unless,
subject to Subsection 
17-27a-604
[
(2)
]
(1)
:
(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)
] 
(5)
(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) To the extent possible, the surveyor shall consult with the owner or operator of
an existing or proposed underground facility or utility 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 public rights-of-way, a
public or private easement, or grants of record;
(B) location of an existing underground facility and utility facility; and
(C) physical restrictions governing the location of the underground facility and utility
facility within the subdivision.
(ii) The cooperation of an owner or operator under Subsection [
(4)
] 
(5)
(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)
] 
(6)
 (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 
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)
]
(5)
(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; 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;
(c) all approvals described in Subsection (1)(b) are entered in writing on the plat by
designated officers; and
(d) if the person submitting the plat intends the plat to be or if the plat is part of a
community association subject to Title 57, Chapter 8a, Community Association Act, the plat
includes language conveying to the association, as that term is defined in Section 
57-8a-102
, all
common areas, as that term is defined in Section 
57-8a-102
.
(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 5. Section 
63F-1-507
 is amended to read:
63F-1-507.
State Geographic Information Database.
(1) There is created a State Geographic Information Database to be managed by the
center.
(2) The database shall:
(a) serve as the central reference for all information contained in any GIS database by
any state agency;
(b) serve as a clearing house and repository for all data layers required by multiple
users;
(c) serve as a standard format for geographic information acquired, purchased, or
produced by any state agency; [
and
]
(d) include an accurate representation of all civil subdivision boundaries of the state[
.
]
;
and
(e) for each public highway, as defined in Section 
72-1-102
, in the state, include an
accurate representation of the highway's centerline, physical characteristics, and associated
street address ranges.
(3) The center shall, in coordination with municipalities, counties, emergency
communications centers, and the Department of Transportation:
(a) develop the information described in Subsection (2)(e); and
(b) update the information described in Subsection (2)(e) in a timely manner after a
county recorder records a final plat.
[
(3)
] 
(4)
 Each state agency that acquires, purchases, or produces digital geographic
information data shall:
(a) inform the center of the existence of the data layers and their geographic extent;
(b) allow the center access to all data classified public; and
(c) comply with any database requirements established by the center.
[
(4)
] 
(5)
 At least annually, the State Tax Commission shall deliver to the center
information the State Tax Commission receives under Section 
67-1a-6.5
 relating to the creation
or modification of the boundaries of political subdivisions.
[
(5)
] 
(6)
 The boundary of a political subdivision within the State Geographic
Information Database is the official boundary of the political subdivision for purposes of
meeting the needs of the United States Bureau of the Census in identifying the boundary of the
political subdivision.
Legislative Review Note
Office of Legislative Research and General Counsel