Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 174 Second Substitute (2023GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the penalties for noncompliance with the requirements applicable to a political subdivision's moderate income housing report;
• defines the circumstances under which a garage may be included in the definition of an internal accessory dwelling unit;
• amends a political subdivision's authority with respect to restrictions and requirements for internal accessory dwelling units;
• enacts a new process for subdivision review and approval; and
• makes technical changes.

Every vote on this bill

Bill text

LOCAL LAND USE AND DEVELOPMENT REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Stephen L. Whyte
LONG TITLE
General Description:
This bill amends provisions related to local land use and development.
Highlighted Provisions:
This bill:
▸ amends the penalties for noncompliance with the requirements applicable to a
political subdivision's moderate income housing report;
▸ defines the circumstances under which a garage may be included in the definition of
an internal accessory dwelling unit;
▸ amends a political subdivision's authority with respect to restrictions and
requirements for internal accessory dwelling units;
▸ enacts a new process for subdivision review and approval; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-408
, as last amended by Laws of Utah 2022, Chapter 406
10-9a-530
, as enacted by Laws of Utah 2021, Chapter 102
10-9a-608
, as last amended by Laws of Utah 2022, Chapter 355
17-27a-408
, as last amended by Laws of Utah 2022, Chapter 406
17-27a-526
, as enacted by Laws of Utah 2021, Chapter 102
17-27a-608
, as last amended by Laws of Utah 2022, Chapter 355
63I-2-210
, as last amended by Laws of Utah 2022, Chapter 274
63I-2-217
, as last amended by Laws of Utah 2022, Chapter 123
ENACTS:
10-9a-604.1
, Utah Code Annotated 1953
10-9a-604.2
, Utah Code Annotated 1953
10-9a-604.9
, Utah Code Annotated 1953
17-27a-604.1
, Utah Code Annotated 1953
17-27a-604.2
, Utah Code Annotated 1953
17-27a-604.9
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-408
 is amended to read:
10-9a-408.
Moderate income housing report -- Contents -- Prioritization for
funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
(1) As used in this section:
(a) "Division" means the Housing and Community Development Division within the
Department of Workforce Services.
(b) "Implementation plan" means the implementation plan adopted as part of the
moderate income housing element of a specified municipality's general plan as provided in
Subsection 
10-9a-403
(2)(c).
(c) "Moderate income housing report" or "report" means the report described in
Subsection (2)(a).
(d) "Moderate income housing strategy" means a strategy described in Subsection
10-9a-403
(2)(b)(iii).
(e) "Specified municipality" means:
(i) a city of the first, second, third, or fourth class;
(ii) a city of the fifth class with a population of 5,000 or more, if the city is located
within a county of the first, second, or third class; or
(iii) a metro township with a population of 5,000 or more.
(2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
body of a specified municipality shall annually submit a written moderate income housing
report to the division.
(b) The moderate income housing report submitted in 2022 shall include:
(i) a description of each moderate income housing strategy selected by the specified
municipality for implementation; and
(ii) an implementation plan.
(c) The moderate income housing report submitted in each calendar year after 2022
shall include:
(i) the information required under Subsection (2)(b);
(ii) a description of each action, whether one-time or ongoing, taken by the specified
municipality during the previous fiscal year to implement the moderate income housing
strategies selected by the specified municipality for implementation;
(iii) a description of each land use regulation or land use decision made by the
specified municipality during the previous fiscal year to implement the moderate income
housing strategies, including an explanation of how the land use regulation or land use decision
supports the specified municipality's efforts to implement the moderate income housing
strategies;
(iv) a description of any barriers encountered by the specified municipality in the
previous fiscal year in implementing the moderate income housing strategies;
(v) information regarding the number of internal and external or detached accessory
dwelling units located within the specified municipality for which the specified municipality:
(A) issued a building permit to construct; or
(B) issued a business license to rent;
(vi) a description of how the market has responded to the selected moderate income
housing strategies, including the number of entitled moderate income housing units or other
relevant data; and
(vii) any recommendations on how the state can support the specified municipality in
implementing the moderate income housing strategies.
(d) The moderate income housing report shall be in a form:
(i) approved by the division; and
(ii) made available by the division on or before July 1 of the year in which the report is
required.
(3) Within 90 days after the day on which the division receives a specified
municipality's moderate income housing report, the division shall:
(a) post the report on the division's website;
(b) send a copy of the report to the Department of Transportation, the Governor's
Office of Planning and Budget, the association of governments in which the specified
municipality is located, and, if the specified municipality is located within the boundaries of a
metropolitan planning organization, the appropriate metropolitan planning organization; and
(c) subject to Subsection (4), review the report to determine compliance with
Subsection (2).
(4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
report:
(i) includes the information required under Subsection (2)(b);
(ii) demonstrates to the division that the specified municipality made plans to
implement:
(A) three or more moderate income housing strategies if the specified municipality
does not have a fixed guideway public transit station; or
(B) subject to Subsection 
10-9a-403
(2)(b)(iv), five or more moderate income housing
strategies if the specified municipality has a fixed guideway public transit station; and
(iii) is in a form approved by the division.
(b) The report described in Subsection (2)(c) complies with Subsection (2) if the
report:
(i) includes the information required under Subsection (2)(c);
(ii) demonstrates to the division that the specified municipality made plans to
implement:
(A) three or more moderate income housing strategies if the specified municipality
does not have a fixed guideway public transit station; or
(B) four or more moderate income housing strategies if the specified municipality has a
fixed guideway public transit station;
(iii) is in a form approved by the division; and
(iv) provides sufficient information for the division to:
(A) assess the specified municipality's progress in implementing the moderate income
housing strategies;
(B) monitor compliance with the specified municipality's implementation plan;
(C) identify a clear correlation between the specified municipality's land use
regulations and land use decisions and the specified municipality's efforts to implement the
moderate income housing strategies; and
(D) identify how the market has responded to the specified municipality's selected
moderate income housing strategies.
(5) (a) A specified municipality qualifies for priority consideration under this
Subsection (5) if the specified municipality's moderate income housing report:
(i) complies with Subsection (2); and
(ii) demonstrates to the division that the specified municipality made plans to
implement:
(A) five or more moderate income housing strategies if the specified municipality does
not have a fixed guideway public transit station; or
(B) six or more moderate income housing strategies if the specified municipality has a
fixed guideway public transit station.
[
(b) The following apply to a specified municipality described in Subsection (5)(a)
during the fiscal year immediately following the fiscal year in which the report is required:
]
[
(i) the Transportation Commission may give priority consideration to transportation
projects located within the boundaries of the specified municipality in accordance with
Subsection 
72-1-304
(3)(c); and
]
[
(ii) the Governor's Office of Planning and Budget may give priority consideration for
awarding financial grants to the specified municipality under the COVID-19 Local Assistance
Matching Grant Program in accordance with Subsection 
63J-4-802
(6).
]
(b) The Transportation Commission may give priority consideration to transportation
projects located within the boundaries of a specified municipality described in Subsection
(5)(a) during the fiscal year immediately following the fiscal year in which the report is
required, in accordance with Subsection 
72-1-304
(3)(c).
(c) Upon determining that a specified municipality qualifies for priority consideration
under this Subsection (5), the division shall send a notice of prioritization to the legislative
body of the specified municipality[
,
] 
and
 the Department of Transportation[
, and the
Governor's Office of Planning and Budget
].
(d) The notice described in Subsection (5)(c) shall:
(i) name the specified municipality that qualifies for priority consideration;
(ii) describe the funds or projects for which the specified municipality qualifies to
receive priority consideration;
(iii) specify the fiscal year during which the specified municipality qualifies for priority
consideration; and
(iv) state the basis for the division's determination that the specified municipality
qualifies for priority consideration.
(6) (a) If the division, after reviewing a specified municipality's moderate income
housing report, determines that the report does not comply with Subsection (2), the division
shall send a notice of noncompliance to the legislative body of the specified municipality.
(b) The notice described in Subsection (6)(a) shall:
(i) describe each deficiency in the report and the actions needed to cure each
deficiency;
(ii) state that the specified municipality has an opportunity to cure the deficiencies
within 90 days after the day on which the notice is sent; and
(iii) state that failure to cure the deficiencies within 90 days after the day on which the
notice is sent will result in ineligibility for funds 
and fees owed
 under Subsection (7).
(7) (a) A specified municipality is ineligible for funds 
and owes a fee
 under this
Subsection (7) if the specified municipality:
(i) fails to submit a moderate income housing report to the division; or
(ii) fails to cure the deficiencies in the specified municipality's moderate income
housing report within 90 days after the day on which the division sent to the specified
municipality a notice of noncompliance under Subsection (6).
(b) The following apply to a specified municipality described in Subsection (7)(a)
during the fiscal year immediately following the fiscal year in which the report is required:
(i) the executive director of the Department of Transportation may not program funds
from the Transportation Investment Fund of 2005, including the Transit Transportation
Investment Fund, to projects located within the boundaries of the specified municipality in
accordance with Subsection 
72-2-124
(5); [
and
]
[
(ii) the Governor's Office of Planning and Budget may not award financial grants to
the specified municipality under the COVID-19 Local Assistance Matching Grant Program in
accordance with Subsection 
63J-4-802
(7).
]
(ii) beginning with a report submitted in 2024, the specified municipality shall pay a
fee to the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified
municipality:
(A) fails to submit the report to the division in accordance with this section, beginning
the day after the day on which the report was due; or
(B) fails to cure the deficiencies in the report, beginning the day after the day by which
the cure was required to occur as described in the notice of noncompliance under Subsection
(6); and
(iii) beginning with the report submitted in 2025, the specified municipality shall pay a
fee to the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified
municipality, in a consecutive year:
(A) fails to submit the report to the division in accordance with this section, beginning
the day after the day on which the report was due; or
(B) fails to cure the deficiencies in the report, beginning the day after the day by which
the cure was required to occur as described in the notice of noncompliance under Subsection
(6).
(c) Upon determining that a specified municipality is ineligible for funds under this
Subsection (7), 
and is required to pay a fee under Subsection (7)(b), if applicable,
 the division
shall send a notice of ineligibility to the legislative body of the specified municipality, the
Department of Transportation, and the Governor's Office of Planning and Budget.
(d) The notice described in Subsection (7)(c) shall:
(i) name the specified municipality that is ineligible for funds;
(ii) describe the funds for which the specified municipality is ineligible to receive;
(iii) describe the fee the specified municipality is required to pay under Subsection
(7)(b), if applicable;
[
(iii)
] 
(iv)
 specify the fiscal year during which the specified municipality is ineligible
for funds; and
[
(iv)
] 
(v)
 state the basis for the division's determination that the specified municipality
is ineligible for funds.
(e) The division may not determine that a specified municipality that is required to pay
a fee under Subsection (7)(b) is in compliance with the reporting requirements of this section
until the specified municipality pays all outstanding fees required under Subsection (7)(b) to
the Olene Walker Housing Loan Fund, created under Title 35A, Chapter 8, Part 5, Olene
Walker Housing Loan Fund.
(8) In a civil action seeking enforcement or claiming a violation of this section or of
Subsection 
10-9a-404
(4)(c), a plaintiff may not recover damages but may be awarded only
injunctive or other equitable relief.
Section 2. Section 
10-9a-530
 is amended to read:
10-9a-530.
Internal accessory dwelling units.
(1) As used in this section:
(a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
(i) within a primary dwelling;
(ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
time the internal accessory dwelling unit is created; and
(iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
(b) 
(i)
 "Primary dwelling" means a single-family dwelling that:
[
(i)
] 
(A)
 is detached; and
[
(ii)
] 
(B)
 is occupied as the primary residence of the owner of record.
(ii) "Primary dwelling" includes a garage if the garage:
(A) is a habitable space; and
(B) is connected to the primary dwelling by a common wall.
(2) In any area zoned primarily for residential use:
(a) the use of an internal accessory dwelling unit is a permitted use; [
and
]
(b) except as provided in Subsections (3) and (4), a municipality may not establish any
restrictions or requirements for the construction or use of one internal accessory dwelling unit
within a primary dwelling, including a restriction or requirement governing:
(i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
(ii) total lot size; [
or
]
(iii) street frontage[
.
]
; or
(iv) internal connectivity; and
(c) a municipality's regulation of architectural elements for internal accessory dwelling
units shall be consistent with the regulation of single-family units, including single-family units
located in historic districts.
(3) An internal accessory dwelling unit shall comply with all applicable building,
health, and fire codes.
(4) A municipality may:
(a) prohibit the installation of a separate utility meter for an internal accessory dwelling
unit;
(b) require that an internal accessory dwelling unit be designed in a manner that does
not change the appearance of the primary dwelling as a single-family dwelling;
(c) require a primary dwelling:
(i) 
regardless of whether the primary dwelling is existing or new construction,
 to
include one additional on-site parking space for an internal accessory dwelling unit, [
regardless
of whether the primary dwelling is existing or new construction
] 
in addition to the parking
spaces required under the municipality's land use regulation, except that if the municipality's
land use ordinance requires four off-street parking spaces, the municipality may not require the
additional space contemplated under this Subsection (4)(c)(i)
; and
(ii) to replace any parking spaces contained within a garage or carport if an internal
accessory dwelling unit is created within the garage or carport 
and is a habitable space
;
(d) prohibit the creation of an internal accessory dwelling unit within a mobile home as
defined in Section 
57-16-3
;
(e) require the owner of a primary dwelling to obtain a permit or license for renting an
internal accessory dwelling unit;
(f) prohibit the creation of an internal accessory dwelling unit within a zoning district
covering an area that is equivalent to:
(i) 25% or less of the total area in the municipality that is zoned primarily for
residential use
, except that the municipality may not prohibit newly constructed internal
accessory dwelling units that:
(A) have a final plat approval dated on or after October 1, 2021; and
(B) comply with applicable land use regulations
; or
(ii) 67% or less of the total area in the municipality that is zoned primarily for
residential use, if the main campus of a state or private university with a student population of
10,000 or more is located within the municipality;
(g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling
is served by a failing septic tank;
(h) prohibit the creation of an internal accessory dwelling unit if the lot containing the
primary dwelling is 6,000 square feet or less in size;
(i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a
period of less than 30 consecutive days;
(j) prohibit the rental of an internal accessory dwelling unit if the internal accessory
dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
(k) hold a lien against a property that contains an internal accessory dwelling unit in
accordance with Subsection (5); and
(l) record a notice for an internal accessory dwelling unit in accordance with
Subsection (6).
(5) (a) In addition to any other legal or equitable remedies available to a municipality, a
municipality may hold a lien against a property that contains an internal accessory dwelling
unit if:
(i) the owner of the property violates any of the provisions of this section or any
ordinance adopted under Subsection (4);
(ii) the municipality provides a written notice of violation in accordance with
Subsection (5)(b);
(iii) the municipality holds a hearing and determines that the violation has occurred in
accordance with Subsection (5)(d), if the owner files a written objection in accordance with
Subsection (5)(b)(iv);
(iv) the owner fails to cure the violation within the time period prescribed in the
written notice of violation under Subsection (5)(b);
(v) the municipality provides a written notice of lien in accordance with Subsection
(5)(c); and
(vi) the municipality records a copy of the written notice of lien described in
Subsection [
(5)(a)(iv)
] 
(5)(a)(v)
 with the county recorder of the county in which the property is
located.
(b) The written notice of violation shall:
(i) describe the specific violation;
(ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
to cure the violation that is:
(A) no less than 14 days after the day on which the municipality sends the written
notice of violation, if the violation results from the owner renting or offering to rent the internal
accessory dwelling unit for a period of less than 30 consecutive days; or
(B) no less than 30 days after the day on which the municipality sends the written
notice of violation, for any other violation;
(iii) state that if the owner of the property fails to cure the violation within the time
period described in Subsection (5)(b)(ii), the municipality may hold a lien against the property
in an amount of up to $100 for each day of violation after the day on which the opportunity to
cure the violation expires;
(iv) notify the owner of the property:
(A) that the owner may file a written objection to the violation within 14 days after the
day on which the written notice of violation is post-marked or posted on the property; and
(B) of the name and address of the municipal office where the owner may file the
written objection;
(v) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit
records; and
(vi) be posted on the property.
(c) The written notice of lien shall:
(i) comply with the requirements of Section 
38-12-102
;
(ii) state that the property is subject to a lien;
(iii) specify the lien amount, in an amount of up to $100 for each day of violation after
the day on which the opportunity to cure the violation expires;
(iv) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit
records; and
(v) be posted on the property.
(d) (i) If an owner of property files a written objection in accordance with Subsection
(5)(b)(iv), the municipality shall:
(A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
Act, to conduct a review and determine whether the specific violation described in the written
notice of violation under Subsection (5)(b) has occurred; and
(B) notify the owner in writing of the date, time, and location of the hearing described
in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
(ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
municipality may not record a lien under this Subsection (5) until the municipality holds a
hearing and determines that the specific violation has occurred.
(iii) If the municipality determines at the hearing that the specific violation has
occurred, the municipality may impose a lien in an amount of up to $100 for each day of
violation after the day on which the opportunity to cure the violation expires, regardless of
whether the hearing is held after the day on which the opportunity to cure the violation has
expired.
(e) If an owner cures a violation within the time period prescribed in the written notice
of violation under Subsection (5)(b), the municipality may not hold a lien against the property,
or impose any penalty or fee on the owner, in relation to the specific violation described in the
written notice of violation under Subsection (5)(b).
(6) (a) A municipality that issues, on or after October 1, 2021, a permit or license to an
owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
notice in the office of the recorder of the county in which the primary dwelling is located.
(b) The notice described in Subsection (6)(a) shall include:
(i) a description of the primary dwelling;
(ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
and
(iii) a statement that the internal accessory dwelling unit may only be used in
accordance with the municipality's land use regulations.
(c) The municipality shall, upon recording the notice described in Subsection (6)(a),
deliver a copy of the notice to the owner of the internal accessory dwelling unit.
Section 3. Section 
10-9a-604.1
 is enacted to read:
 10-9a-604.1.
Process for subdivision review and approval.
(1) (a) As used in this section, an "administrative land use authority" means an
individual, board, or commission, appointed or employed by a municipality, including
municipal staff or a municipal planning commission.
(b) "Administrative land use authority" does not include a municipal legislative body
or a member of a municipal legislative body.
(2) (a) This section applies to land use decisions arising from subdivision applications
for single-family dwellings, two-family dwellings, or townhomes.
(b) This section does not apply to land use regulations adopted, approved, or agreed
upon by a legislative body exercising land use authority in the review of land use applications
for zoning or other land use regulation approvals.
(3) A municipal ordinance governing the subdivision of land shall:
(a) comply with this section, and establish a standard method and form of application
for preliminary subdivision applications and final subdivision applications; and
(b) (i) designate a single administrative land use authority for the review of preliminary
applications to subdivide land; or
(ii) if the municipality has adopted an ordinance that establishes a separate procedure
for the review and approval of subdivisions under Section 
10-9a-605
, the municipality may
designate a different and separate administrative land use authority for the approval of
subdivisions under Section 
10-9a-605
.
(4) (a) If an applicant requests a pre-application meeting, the municipality shall, within
business days after the request, schedule the meeting to review the concept plan and give
initial feedback.
(b) At the pre-application meeting, the municipal staff shall provide or have available
on the municipal website the following:
(i) copies of applicable land use regulations;
(ii) a complete list of standards required for the project;
(iii) preliminary and final application checklists; and
(iv) feedback on the concept plan.
(5) A preliminary subdivision application shall comply with all applicable municipal
ordinances and requirements of this section.
(6) An administrative land use authority may complete a preliminary subdivision
application review in a public meeting or at a municipal staff level.
(7) With respect to a preliminary application to subdivide land, an administrative land
use authority may:
(a) receive public comment; and
(b) hold no more than one public hearing.
(8) If a preliminary subdivision application complies with the applicable municipal
ordinances and the requirements of this section, the administrative land use authority shall
approve the preliminary subdivision application.
(9) A municipality shall review and approve or deny a final subdivision plat
application in accordance with the provisions of this section and municipal ordinances, which:
(a) may permit concurrent processing of the final subdivision plat application with the
preliminary subdivision plat application; and
(b) may not require planning commission or city council approval.
(10) If a final subdivision application complies with the requirements of this section,
the applicable municipal ordinances, and the preliminary subdivision approval granted under
Subsection (9)(a), a municipality shall approve the final subdivision application.
Section 4. Section 
10-9a-604.2
 is enacted to read:
 10-9a-604.2.
Review of subdivision land use applications and subdivision
improvement plans.
(1) As used in this section:
(a) "Review cycle" means the occurrence of:
(i) the applicant's submittal of a complete subdivision land use application;
(ii) the municipality's review of that subdivision land use application;
(iii) the municipality's response to that subdivision land use application, in accordance
with this section; and
(iv) the applicant's reply to the municipality's response that addresses each of the
municipality's required modifications or requests for additional information.
(b) "Subdivision improvement plans" means the civil engineering plans associated with
required infrastructure and municipally controlled utilities required for a subdivision.
(c) "Subdivision ordinance review" means review by a municipality to verify that a
subdivision land use application meets the criteria of the municipality's subdivision ordinances.
(d) "Subdivision plan review" means a review of the applicant's subdivision
improvement plans and other aspects of the subdivision land use application to verify that the
application complies with municipal ordinances and applicable standards and specifications.
(2) The review cycle restrictions and requirements of this section do not apply to the
review of subdivision applications affecting property within identified geological hazard areas.
(3) (a) No later than 15 business days after the day on which an applicant submits a
complete preliminary subdivision land use application for a residential subdivision for
single-family dwellings, two-family dwellings, or townhomes, the municipality shall complete
the initial review of the application, including subdivision improvement plans.
(b) A municipality shall maintain and publish a list of the items comprising the
complete preliminary subdivision land use application, including:
(i) the application;
(ii) the owner's affidavit;
(iii) an electronic copy of all plans in PDF format;
(iv) the preliminary subdivision plat drawings; and
(v) a breakdown of fees due upon approval of the application.
(4) (a) A municipality shall publish a list of the items that comprise a complete final
subdivision land use application.
(b) No later than 20 business days after the day on which an applicant submits a plat,
the municipality shall complete a review of the applicant's final subdivision land use
application for a residential subdivision for single-family dwellings, two-family dwellings, or
townhomes, including all subdivision plan reviews.
(5) (a) In reviewing a subdivision land use application, a municipality may require:
(i) additional information relating to an applicant's plans to ensure compliance with
municipal ordinances and approved standards and specifications for construction of public
improvements; and
(ii) modifications to plans that do not meet current ordinances, applicable standards or
specifications, or do not contain complete information.
(b) A municipality's request for additional information or modifications to plans under
Subsection (5)(a)(i) or (ii) shall be specific and include citations to ordinances, standards, or
specifications that require the modifications to plans, and shall be logged in an index of
requested modifications or additions.
(c) A municipality may not require more than four review cycles.
(d) (i) Subject to Subsection (5)(d)(ii), unless the change or correction is necessitated
by the applicant's adjustment to a plan set or an update to a phasing plan that adjusts the
infrastructure needed for the specific development, a change or correction not addressed or
referenced in a municipality's plan review is waived.
(ii) A modification or correction necessary to protect public health and safety or to
enforce state or federal law may not be waived.
(iii) If an applicant makes a material change to a plan set, the municipality has the
discretion to restart the review process at the first review of the final application, but only with
respect to the portion of the plan set that the material change substantively effects.
(e) If an applicant does not submit a revised plan within 20 business days after the
municipality requires a modification or correction, the municipality shall have an additional 20
business days to respond to the plans.
(6) After the applicant has responded to the final review cycle, and the applicant has
complied with each modification requested in the municipality's previous review cycle, the
municipality may not require additional revisions if the applicant has not materially changed
the plan, other than changes that were in response to requested modifications or corrections.
(7) (a) In addition to revised plans, an applicant shall provide a written explanation in
response to the municipality's review comments, identifying and explaining the applicant's
revisions and reasons for declining to make revisions, if any.
(b) The applicant's written explanation shall be comprehensive and specific, including
citations to applicable standards and ordinances for the design and an index of requested
revisions or additions for each required correction.
(c) If an applicant fails to address a review comment in the response, the review cycle
is not complete and the subsequent review cycle may not begin until all comments are
addressed.
(8) (a) If, on the fourth or final review, a municipality fails to respond within 20
business days, the municipality shall, upon request of the property owner, and within 10
business days after the day on which the request is received:
(i) for a dispute arising from the subdivision improvement plans, assemble an appeal
panel in accordance with Subsection 
10-9a-508
(5)(d) to review and approve or deny the final
revised set of plans; or
(ii) for a dispute arising from the subdivision ordinance review, advise the applicant, in
writing, of the deficiency in the application and of the right to appeal the determination to a
designated appeal authority.
Section 5. Section 
10-9a-604.9
 is enacted to read:
 10-9a-604.9.
Effective dates of Sections 
10-9a-604.1
 and 
10-9a-604.2
.
(1) Except as provided in Subsection (2), Sections 
10-9a-604.1
 and 
10-9a-604.2
 do not
apply until December 31, 2024.
(2) For a specified municipality, as defined in Section 
10-9a-408
, Sections 
10-9a-604.1
and 
10-9a-604.2
 do not apply until February 1, 2024.
Section 6. Section 
10-9a-608
 is amended to read:
10-9a-608.
Subdivision amendments.
(1) (a) A fee owner of land, as shown on the last county assessment roll, in a
subdivision that has been laid out and platted as provided in this part may file a written petition
with the land use authority to request a subdivision amendment.
(b) Upon filing a written petition to request a subdivision amendment under Subsection
(1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
accordance with Section 
10-9a-603
 that:
(i) depicts only the portion of the subdivision that is proposed to be amended;
(ii) includes a plat name distinguishing the amended plat from the original plat;
(iii) describes the differences between the amended plat and the original plat; and
(iv) includes references to the original plat.
(c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
notice of the petition by mail, email, or other effective means to each affected entity that
provides a service to an owner of record of the portion of the plat that is being vacated or
amended at least 10 calendar days before the land use authority may approve the petition for a
subdivision amendment.
(d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
public hearing within 45 days after the day on which the petition is filed if:
(i) any owner within the plat notifies the municipality of the owner's objection in
writing within 10 days of mailed notification; or
(ii) a public hearing is required because all of the owners in the subdivision have not
signed the revised plat.
(e) A land use authority may not approve a petition for a subdivision amendment under
this section unless the amendment identifies and preserves any easements owned by a culinary
water authority and sanitary sewer authority for existing facilities located within the
subdivision.
(2) The public hearing requirement of Subsection (1)(d) does not apply and a land use
authority may consider at a public meeting an owner's petition for a subdivision amendment if:
(a) the petition seeks to:
(i) join two or more of the petitioner fee owner's contiguous lots;
(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
(iii) adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the
fee owners of each of the adjoining properties join in the petition, regardless of whether the
properties are located in the same subdivision;
(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
imposed by the local political subdivision; or
(v) alter the plat in a manner that does not change existing boundaries or other
attributes of lots within the subdivision that are not:
(A) owned by the petitioner; or
(B) designated as a common area; and
(b) notice has been given to adjoining property owners in accordance with any
applicable local ordinance.
(3) A petition under Subsection (1)(a) that contains a request to amend a public street
or municipal utility easement is also subject to Section 
10-9a-609.5
.
(4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
a portion of a plat shall include:
(a) the name and address of each owner of record of the land contained in the entire
plat or on that portion of the plat described in the petition; and
(b) the signature of each owner described in Subsection (4)(a) who consents to the
petition.
(5) (a) The owners of record of adjoining properties where one or more of the
properties is a lot may exchange title to portions of those [
parcels
] 
properties
 if the exchange of
title is approved by the land use authority 
as a lot line adjustment
 in accordance with
Subsection (5)(b).
(b) The land use authority shall approve [
an exchange of title
] 
a lot line adjustment
under Subsection (5)(a) if the exchange of title will not result in a violation of any land use
ordinance.
(c) If [
an exchange of title
] 
a lot line adjustment
 is approved under Subsection (5)(b):
(i) a notice of 
lot line adjustment
 approval shall be recorded in the office of the county
recorder which:
(A) is [
executed
] 
approved
 by [
each owner included in the exchange and by
] the land
use authority; 
and
[
(B) contains an acknowledgment for each party executing the notice in accordance
with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
]
[
(C)
] 
(B)
 recites the legal descriptions of both the original properties and the properties
resulting from the exchange of title; and
(ii) a document of conveyance shall be recorded in the office of the county recorder
[
with an amended plat
].
(d) A notice of approval recorded under this Subsection (5) does not act as a
conveyance of title to real property and is not required in order to record a document conveying
title to real property.
(6) (a) The name of a recorded subdivision may be changed by recording an amended
plat making that change, as provided in this section and subject to Subsection (6)(c).
(b) The surveyor preparing the amended 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) (A) has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; or
(B) has referenced a record of survey map of the existing property boundaries shown
on the plat and verified the locations of the boundaries; and
(iii) has placed monuments as represented on the plat.
(c) An owner of land may not submit for recording an amended plat that gives the
subdivision described in the amended plat the same name as a subdivision in a plat already
recorded in the county recorder's office.
(d) Except as provided in Subsection (6)(a), the recording of a declaration or other
document that purports to change the name of a recorded plat is void.
Section 7. Section 
17-27a-408
 is amended to read:
17-27a-408.
Moderate income housing report -- Contents -- Prioritization for
funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.
(1) As used in this section:
(a) "Division" means the Housing and Community Development Division within the
Department of Workforce Services.
(b) "Implementation plan" means the implementation plan adopted as part of the
moderate income housing element of a specified county's general plan as provided in
Subsection [
10-9a-403
(2)(c)
] 
17-27a-401
(3)(a)
.
(c) "Moderate income housing report" or "report" means the report described in
Subsection (2)(a).
(d) "Moderate income housing strategy" means a strategy described in Subsection
17-27a-403
(2)(b)(ii).
(e) "Specified county" means a county of the first, second, or third class, which has a
population of more than 5,000 in the county's unincorporated areas.
(2) (a) Beginning in 2022, on or before October 1 of each calendar year, the legislative
body of a specified county shall annually submit a written moderate income housing report to
the division.
(b) The moderate income housing report submitted in 2022 shall include:
(i) a description of each moderate income housing strategy selected by the specified
county for implementation; and
(ii) an implementation plan.
(c) The moderate income housing report submitted in each calendar year after 2022
shall include:
(i) the information required under Subsection (2)(b);
(ii) a description of each action, whether one-time or ongoing, taken by the specified
county during the previous fiscal year to implement the moderate income housing strategies
selected by the specified county for implementation;
(iii) a description of each land use regulation or land use decision made by the
specified county during the previous fiscal year to implement the moderate income housing
strategies, including an explanation of how the land use regulation or land use decision
supports the specified county's efforts to implement the moderate income housing strategies;
(iv) a description of any barriers encountered by the specified county in the previous
fiscal year in implementing the moderate income housing strategies; and
(v) information regarding the number of internal and external or detached accessory
dwelling units located within the specified county for which the specified county:
(A) issued a building permit to construct; or
(B) issued a business license to rent;
(vi) a description of how the market has responded to the selected moderate income
housing strategies, including the number of entitled moderate income housing units or other
relevant data; and
(vii) any recommendations on how the state can support the specified county in
implementing the moderate income housing strategies.
(d) The moderate income housing report shall be in a form:
(i) approved by the division; and
(ii) made available by the division on or before July 1 of the year in which the report is
required.
(3) Within 90 days after the day on which the division receives a specified county's
moderate income housing report, the division shall:
(a) post the report on the division's website;
(b) send a copy of the report to the Department of Transportation, the Governor's
Office of Planning and Budget, the association of governments in which the specified county is
located, and, if the unincorporated area of the specified county is located within the boundaries
of a metropolitan planning organization, the appropriate metropolitan planning organization;
and
(c) subject to Subsection (4), review the report to determine compliance with
Subsection (2).
(4) (a) The report described in Subsection (2)(b) complies with Subsection (2) if the
report:
(i) includes the information required under Subsection (2)(b);
(ii) demonstrates to the division that the specified county made plans to implement
three or more moderate income housing strategies; and
(iii) is in a form approved by the division.
(b) The report described in Subsection (2)(c) complies with Subsection (2) if the
report:
(i) includes the information required under Subsection (2)(c);
(ii) demonstrates to the division that the specified county made plans to implement
three or more moderate income housing strategies;
(iii) is in a form approved by the division; and
(iv) provides sufficient information for the division to:
(A) assess the specified county's progress in implementing the moderate income
housing strategies;
(B) monitor compliance with the specified county's implementation plan;
(C) identify a clear correlation between the specified county's land use decisions and
efforts to implement the moderate income housing strategies; and
(D) identify how the market has responded to the specified county's selected moderate
income housing strategies.
(5) (a) A specified county qualifies for priority consideration under this Subsection (5)
if the specified county's moderate income housing report:
(i) complies with Subsection (2); and
(ii) demonstrates to the division that the specified county made plans to implement five
or more moderate income housing strategies.
[
(b) The following apply to a specified county described in Subsection (5)(a) during the
fiscal year immediately following the fiscal year in which the report is required:
]
[
(i) the Transportation Commission may give priority consideration to transportation
projects located within the unincorporated areas of the specified county in accordance with
Subsection 
72-1-304
(3)(c); and
]
[
(ii) the Governor's Office of Planning and Budget may give priority consideration for
awarding financial grants to the specified county under the COVID-19 Local Assistance
Matching Grant Program in accordance with Subsection 
63J-4-802
(6).
]
(b) The Transportation Commission may give priority consideration to transportation
projects located within the boundaries of a specified county described in Subsection (5)(a)
during the fiscal year immediately following the fiscal year in which the report is required, in
accordance with Subsection 
72-1-304
(3)(c).
(c) Upon determining that a specified county qualifies for priority consideration under
this Subsection (5), the division shall send a notice of prioritization to the legislative body of
the specified county[
,
] 
and
 the Department of Transportation[
, and the Governor's Office of
Planning and Budget
].
(d) The notice described in Subsection (5)(c) shall:
(i) name the specified county that qualifies for priority consideration;
(ii) describe the funds or projects for which the specified county qualifies to receive
priority consideration;
(iii) specify the fiscal year during which the specified county qualifies for priority
consideration; and
(iv) state the basis for the division's determination that the specified county qualifies
for priority consideration.
(6) (a) If the division, after reviewing a specified county's moderate income housing
report, determines that the report does not comply with Subsection (2), the division shall send a
notice of noncompliance to the legislative body of the specified county.
(b) The notice described in Subsection (6)(a) shall:
(i) describe each deficiency in the report and the actions needed to cure each
deficiency;
(ii) state that the specified county has an opportunity to cure the deficiencies within 90
days after the day on which the notice is sent; and
(iii) state that failure to cure the deficiencies within 90 days after the day on which the
notice is sent will result in ineligibility for funds 
and fees owed
 under Subsection (7).
(7) (a) A specified county is ineligible for funds 
and owes a fee
 under this Subsection
(7) if the specified county:
(i) fails to submit a moderate income housing report to the division; or
(ii) fails to cure the deficiencies in the specified county's moderate income housing
report within 90 days after the day on which the division sent to the specified county a notice of
noncompliance under Subsection (6).
(b) The following apply to a specified county described in Subsection (7)(a) during the
fiscal year immediately following the fiscal year in which the report is required:
(i) the executive director of the Department of Transportation may not program funds
from the Transportation Investment Fund of 2005, including the Transit Transportation
Investment Fund, to projects located within the unincorporated areas of the specified county in
accordance with Subsection 
72-2-124
(6); and
[
(ii) the Governor's Office of Planning and Budget may not award financial grants to
the specified county under the COVID-19 Local Assistance Matching Grant Program in
accordance with Subsection 
63J-4-802
(7)
]
(ii) beginning with the report submitted in 2024, the specified county shall pay a fee to
the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified county:
(A) fails to submit the report to the division in accordance with this section, beginning
the day after the day on which the report was due; or
(B) fails to cure the deficiencies in the report, beginning the day after the day by which
the cure was required to occur as described in the notice of noncompliance under Subsection
(6)
[
.
]
; and
(iii) beginning with the report submitted in 2025, the specified county shall pay a fee to
the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified county,
for a consecutive year:
(A) fails to submit the report to the division in accordance with this section, beginning
the day after the day on which the report was due; or
(B) fails to cure the deficiencies in the report, beginning the day after the day by which
the cure was required to occur as described in the notice of noncompliance under Subsection
(6).
(c) Upon determining that a specified county is ineligible for funds under this
Subsection (7), 
and is required to pay a fee under Subsection (7)(b), if applicable,
 the division
shall send a notice of ineligibility to the legislative body of the specified county, the
Department of Transportation, and the Governor's Office of Planning and Budget.
(d) The notice described in Subsection (7)(c) shall:
(i) name the specified county that is ineligible for funds;
(ii) describe the funds for which the specified county is ineligible to receive;
(iii) describe the fee the specified county is required to pay under Subsection (7)(b), if
applicable;
[
(iii)
] 
(iv)
 specify the fiscal year during which the specified county is ineligible for
funds; and
[
(iv)
] 
(v)
 state the basis for the division's determination that the specified county is
ineligible for funds.
(e) The division may not determine that a specified county that is required to pay a fee
under Subsection (7)(b) is in compliance with the reporting requirements of this section until
the specified county pays all outstanding fees required under Subsection (7)(b) to the Olene
Walker Housing Loan Fund, created under Title 35A, Chapter 8, Part 5, Olene Walker Housing
Loan Fund.
(8) In a civil action seeking enforcement or claiming a violation of this section or of
Subsection 
17-27a-404
(5)(c), a plaintiff may not recover damages but may be awarded only
injunctive or other equitable relief.
Section 8. Section 
17-27a-526
 is amended to read:
17-27a-526.
Internal accessory dwelling units.
(1) As used in this section:
(a) "Internal accessory dwelling unit" means an accessory dwelling unit created:
(i) within a primary dwelling;
(ii) within the footprint of the primary dwelling described in Subsection (1)(a)(i) at the
time the internal accessory dwelling unit is created; and
(iii) for the purpose of offering a long-term rental of 30 consecutive days or longer.
(b) 
(i)
 "Primary dwelling" means a single-family dwelling that:
[
(i)
] 
(A)
 is detached; and
[
(ii)
] 
(B)
 is occupied as the primary residence of the owner of record.
(ii) "Primary dwelling" includes a garage if the garage:
(A) is a habitable space; and
(B) is connected to the primary dwelling by a common wall.
(2) In any area zoned primarily for residential use:
(a) the use of an internal accessory dwelling unit is a permitted use; [
and
]
(b) except as provided in Subsections (3) and (4), a county may not establish any
restrictions or requirements for the construction or use of one internal accessory dwelling unit
within a primary dwelling, including a restriction or requirement governing:
(i) the size of the internal accessory dwelling unit in relation to the primary dwelling;
(ii) total lot size; [
or
]
(iii) street frontage[
.
]
; or
(iv) internal connectivity; and
(c) a county's regulation of architectural elements for internal accessory dwelling units
shall be consistent with the regulation of single-family units, including single-family units
located in historic districts.
(3) An internal accessory dwelling unit shall comply with all applicable building,
health, and fire codes.
(4) A county may:
(a) prohibit the installation of a separate utility meter for an internal accessory dwelling
unit;
(b) require that an internal accessory dwelling unit be designed in a manner that does
not change the appearance of the primary dwelling as a single-family dwelling;
(c) require a primary dwelling:
(i) 
regardless of whether the primary dwelling is existing or new construction,
 to
include one additional on-site parking space for an internal accessory dwelling unit, [
regardless
of whether the primary dwelling is existing or new construction
] 
in addition to the parking
spaces required under the county's land use ordinance, except that if the county's land use
ordinance requires four off-street parking spaces, the county may not require the additional
space contemplated under this Subsection (4)(c)(i)
; and
(ii) to replace any parking spaces contained within a garage or carport if an internal
accessory dwelling unit is created within the garage or carport 
and is habitable space
;
(d) prohibit the creation of an internal accessory dwelling unit within a mobile home as
defined in Section 
57-16-3
;
(e) require the owner of a primary dwelling to obtain a permit or license for renting an
internal accessory dwelling unit;
(f) prohibit the creation of an internal accessory dwelling unit within a zoning district
covering an area that is equivalent to 25% or less of the total unincorporated area in the county
that is zoned primarily for residential use[
;
]
, except that the county may not prohibit newly
constructed internal accessory dwelling units that:
(i) have a final plat approval dated on or after October 1, 2021; and
(ii) comply with applicable land use regulations;
(g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling
is served by a failing septic tank;
(h) prohibit the creation of an internal accessory dwelling unit if the lot containing the
primary dwelling is 6,000 square feet or less in size;
(i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a
period of less than 30 consecutive days;
(j) prohibit the rental of an internal accessory dwelling unit if the internal accessory
dwelling unit is located in a dwelling that is not occupied as the owner's primary residence;
(k) hold a lien against a property that contains an internal accessory dwelling unit in
accordance with Subsection (5); and
(l) record a notice for an internal accessory dwelling unit in accordance with
Subsection (6).
(5) (a) In addition to any other legal or equitable remedies available to a county, a
county may hold a lien against a property that contains an internal accessory dwelling unit if:
(i) the owner of the property violates any of the provisions of this section or any
ordinance adopted under Subsection (4);
(ii) the county provides a written notice of violation in accordance with Subsection
(5)(b);
(iii) the county holds a hearing and determines that the violation has occurred in
accordance with Subsection (5)(d), if the owner files a written objection in accordance with
Subsection (5)(b)(iv);
(iv) the owner fails to cure the violation within the time period prescribed in the
written notice of violation under Subsection (5)(b);
(v) the county provides a written notice of lien in accordance with Subsection (5)(c);
and
(vi) the county records a copy of the written notice of lien described in Subsection
[
(5)(a)(iv)
] 
(5)(a)(v)
 with the county recorder of the county in which the property is located.
(b) The written notice of violation shall:
(i) describe the specific violation;
(ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity
to cure the violation that is:
(A) no less than 14 days after the day on which the county sends the written notice of
violation, if the violation results from the owner renting or offering to rent the internal
accessory dwelling unit for a period of less than 30 consecutive days; or
(B) no less than 30 days after the day on which the county sends the written notice of
violation, for any other violation; [
and
]
(iii) state that if the owner of the property fails to cure the violation within the time
period described in Subsection (5)(b)(ii), the county may hold a lien against the property in an
amount of up to $100 for each day of violation after the day on which the opportunity to cure
the violation expires;
(iv) notify the owner of the property:
(A) that the owner may file a written objection to the violation within 14 days after the
day on which the written notice of violation is post-marked or posted on the property; and
(B) of the name and address of the county office where the owner may file the written
objection;
(v) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit
records; and
(vi) be posted on the property.
(c) The written notice of lien shall:
(i) comply with the requirements of Section 
38-12-102
;
(ii) describe the specific violation;
(iii) specify the lien amount, in an amount of up to $100 for each day of violation after
the day on which the opportunity to cure the violation expires;
(iv) be mailed to:
(A) the property's owner of record; and
(B) any other individual designated to receive notice in the owner's license or permit
records; and
(v) be posted on the property.
(d) (i) If an owner of property files a written objection in accordance with Subsection
(5)(b)(iv), the county shall:
(A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings
Act, to conduct a review and determine whether the specific violation described in the written
notice of violation under Subsection (5)(b) has occurred; and
(B) notify the owner in writing of the date, time, and location of the hearing described
in Subsection (5)(d)(i)(A) no less than 14 days before the day on which the hearing is held.
(ii) If an owner of property files a written objection under Subsection (5)(b)(iv), a
county may not record a lien under this Subsection (5) until the county holds a hearing and
determines that the specific violation has occurred.
(iii) If the county determines at the hearing that the specific violation has occurred, the
county may impose a lien in an amount of up to $100 for each day of violation after the day on
which the opportunity to cure the violation expires, regardless of whether the hearing is held
after the day on which the opportunity to cure the violation has expired.
(e) If an owner cures a violation within the time period prescribed in the written notice
of violation under Subsection (5)(b), the county may not hold a lien against the property, or
impose any penalty or fee on the owner, in relation to the specific violation described in the
written notice of violation under Subsection (5)(b).
(6) (a) A county that issues, on or after October 1, 2021, a permit or license to an
owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to
an owner of a primary dwelling to create an internal accessory dwelling unit, may record a
notice in the office of the recorder of the county in which the primary dwelling is located.
(b) The notice described in Subsection (6)(a) shall include:
(i) a description of the primary dwelling;
(ii) a statement that the primary dwelling contains an internal accessory dwelling unit;
and
(iii) a statement that the internal accessory dwelling unit may only be used in
accordance with the county's land use regulations.
(c) The county shall, upon recording the notice described in Subsection (6)(a), deliver a
copy of the notice to the owner of the internal accessory dwelling unit.
Section 9. Section 
17-27a-604.1
 is enacted to read:
 17-27a-604.1.
Process for subdivision review and approval.
(1) (a) As used in this section, an "administrative land use authority" means an
individual, board, or commission, appointed or employed by a county, including county staff or
a county planning commission.
(b) "Administrative land use authority" does not include a county legislative body or a
member of a county legislative body.
(2) (a) This section applies to land use decisions arising from subdivision applications
for single-family dwellings, two-family dwellings, or townhomes.
(b) This section does not apply to land use regulations adopted, approved, or agreed
upon by a legislative body exercising land use authority in the review of land use applications
for zoning or other land use regulation approvals.
(3) A county ordinance governing the subdivision of land shall:
(a) comply with this section and establish a standard method and form of application
for preliminary subdivision applications and final subdivision applications; and
(b) (i) designate a single administrative land use authority for the review of preliminary
applications to subdivide land; or
(ii) if the county has adopted an ordinance that establishes a separate procedure for the
review and approval of subdivisions under Section 
17-27a-605
, the county may designate a
different and separate administrative land use authority for the approval of subdivisions under
Section 
17-27a-605
.
(4) (a) If an applicant requests a pre-application meeting, the county shall, within 15
business days after the request, schedule the meeting to review the concept plan and give initial
feedback.
(b) At the pre-application meeting, the county staff shall provide or have available on
the county website the following:
(i) copies of applicable land use regulations;
(ii) a complete list of standards required for the project;
(iii) preliminary and final application checklists; and
(iv) feedback on the concept plan.
(5) A preliminary subdivision application shall comply with all applicable county
ordinances and requirements of this section.
(6) An administrative land use authority may complete a preliminary subdivision
application review in a public meeting or at a county staff level.
(7) With respect to a preliminary application to subdivide land, an administrative land
use authority may:
(a) receive public comment; and
(b) hold no more than one public hearing.
(8) If a preliminary subdivision application complies with the applicable county
ordinances and the requirements of this section, the administrative land use authority shall
approve the preliminary subdivision application.
(9) A county shall review and approve or deny a final subdivision plat application in
accordance with the provisions of this section and county ordinances, which:
(a) may permit concurrent processing of the final subdivision plat application with the
preliminary subdivision plat application; and
(b) may not require planning commission or county legislative body approval.
(10) If a final subdivision application complies with the requirements of this section,
the applicable county ordinances, and the preliminary subdivision approval granted under
Subsection (9)(a), a county shall approve the final subdivision application.
Section 10. Section 
17-27a-604.2
 is enacted to read:
 17-27a-604.2.
Review of subdivision land use applications and subdivision
improvement plans.
(1) As used in this section:
(a) "Review cycle" means the occurrence of:
(i) the applicant's submittal of a complete subdivision land use application;
(ii) the county's review of that subdivision land use application;
(iii) the county's response to that subdivision land use application, in accordance with
this section; and
(iv) the applicant's reply to the county's response that addresses each of the county's
required modifications or requests for additional information.
(b) "Subdivision improvement plans" means the civil engineering plans associated with
required infrastructure and county-controlled utilities required for a subdivision.
(c) "Subdivision ordinance review" means review by a county to verify that a
subdivision land use application meets the criteria of the county's subdivision ordinances.
(d) "Subdivision plan review" means a review of the applicant's subdivision
improvement plans and other aspects of the subdivision land use application to verify that the
application complies with county ordinances and applicable standards and specifications.
(2) The review cycle restrictions and requirements of this section do not apply to the
review of subdivision applications affecting property within identified geological hazard areas.
(3) (a) No later than 15 business days after the day on which an applicant submits a
complete preliminary subdivision land use application for a residential subdivision for
single-family dwellings, two-family dwellings, or townhomes, the county shall complete the
initial review of the application, including subdivision improvement plans.
(b) A county shall maintain and publish a list of the items comprising the complete
preliminary subdivision land use application, including:
(i) the application;
(ii) the owner's affidavit;
(iii) an electronic copy of all plans in PDF format;
(iv) the preliminary subdivision plat drawings; and
(v) a breakdown of fees due upon approval of the application.
(4) (a) A county shall publish a list of the items that comprise a complete final
subdivision land use application.
(b) No later than 20 business days after the day on which an applicant submits a plat,
the county shall complete a review of the applicant's final subdivision land use application for
single-family dwellings, two-family dwellings, or townhomes, including all subdivision plan
reviews.
(5) (a) In reviewing a subdivision land use application, a county may require:
(i) additional information relating to an applicant's plans to ensure compliance with
county ordinances and approved standards and specifications for construction of public
improvements; and
(ii) modifications to plans that do not meet current ordinances, applicable standards, or
specifications or do not contain complete information.
(b) A county's request for additional information or modifications to plans under
Subsections (5)(a)(i) or (ii) shall be specific and include citations to ordinances, standards, or
specifications that require the modifications to plans, and shall be logged in an index of
requested modifications or additions.
(c) A county may not require more than four review cycles.
(d) (i) Subject to Subsection (5)(d)(ii), unless the change or correction is necessitated
by the applicant's adjustment to a plan set or an update to a phasing plan that adjusts the
infrastructure needed for the specific development, a change or correction not addressed or
referenced in a county's plan review is waived.
(ii) A modification or correction necessary to protect public health and safety or to
enforce state or federal law may not be waived.
(iii) If an applicant makes a material change to a plan set, the county has the discretion
to restart the review process at the first review of the final application, but only with respect to
the portion of the plan set that the material change substantively effects.
(e) If an applicant does not submit a revised plan within 20 business days after the
county requires a modification or correction, the county shall have an additional 20 business
days to respond to the plans.
(6) After the applicant has responded to the final review cycle, and the applicant has
complied with each modification requested in the county's previous review cycle, the county
may not require additional revisions if the applicant has not materially changed the plan, other
than changes that were in response to requested modifications or corrections.
(7) (a) In addition to revised plans, an applicant shall provide a written explanation in
response to the county's review comments, identifying and explaining the applicant's revisions
and reasons for declining to make revisions, if any.
(b) The applicant's written explanation shall be comprehensive and specific, including
citations to applicable standards and ordinances for the design and an index of requested
revisions or additions for each required correction.
(c) If an applicant fails to address a review comment in the response, the review cycle
is not complete and the subsequent review cycle may not begin until all comments are
addressed.
(8) (a) If, on the fourth or final review, a county fails to respond within 20 business
days, the county shall, upon request of the property owner, and within 10 business days after
the day on which the request is received:
(i) for a dispute arising from the subdivision improvement plans, assemble an appeal
panel in accordance with Subsection 
17-27a-507
(5)(d) to review and approve or deny the final
revised set of plans; or
(ii) for a dispute arising from the subdivision ordinance review, advise the applicant, in
writing, of the deficiency in the application and of the right to appeal the determination to a
designated appeal authority.
Section 11. Section 
17-27a-604.9
 is enacted to read:
 17-27a-604.9.
Effective dates of Sections 
17-27a-604.1
 and 
17-27a-604.2
.
(1) Except as provided in Subsection (2), Sections 
17-27a-604.1
 and 
17-27a-604.2
 do
not apply until December 31, 2024.
(2) Sections 
17-27a-604.1
 and 
17-27a-604.2
 do not apply until February 1, 2024 for:
(a) a specified county, as defined in Section 
17-27a-408
;
(b) a county that is a voting member of the Wasatch Front Regional Council, including:
(i) Davis County;
(ii) Morgan County;
(iii) Salt Lake County;
(iv) Tooele County; and
(v) Weber County; and
(c) a county that is a member of the Mountainland Association of Governments,
including:
(i) Summit County;
(ii) Utah County; and
(iii) Wasatch County.
Section 12. Section 
17-27a-608
 is amended to read:
17-27a-608.
Subdivision amendments.
(1) (a) A fee owner of a lot, as shown on the last county assessment roll, in a plat that
has been laid out and platted as provided in this part may file a written petition with the land
use authority to request a subdivision amendment.
(b) Upon filing a written petition to request a subdivision amendment under Subsection
(1)(a), the owner shall prepare and, if approved by the land use authority, record a plat in
accordance with Section 
17-27a-603
 that:
(i) depicts only the portion of the subdivision that is proposed to be amended;
(ii) includes a plat name distinguishing the amended plat from the original plat;
(iii) describes the differences between the amended plat and the original plat; and
(iv) includes references to the original plat.
(c) If a petition is filed under Subsection (1)(a), the land use authority shall provide
notice of the petition by mail, email, or other effective means to each affected entity that
provides a service to an owner of record of the portion of the plat that is being amended at least
10 calendar days before the land use authority may approve the petition for a subdivision
amendment.
(d) If a petition is filed under Subsection (1)(a), the land use authority shall hold a
public hearing within 45 days after the day on which the petition is filed if:
(i) any owner within the plat notifies the county of the owner's objection in writing
within 10 days of mailed notification; or
(ii) a public hearing is required because all of the owners in the subdivision have not
signed the revised plat.
(e) A land use authority may not approve a petition for a subdivision amendment under
this section unless the amendment identifies and preserves any easements owned by a culinary
water authority and sanitary sewer authority for existing facilities located within the
subdivision.
(2) The public hearing requirement of Subsection (1)(d) does not apply and a land use
authority may consider at a public meeting an owner's petition for a subdivision amendment if:
(a) the petition seeks to:
(i) join two or more of the petitioning fee owner's contiguous lots;
(ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not
result in a violation of a land use ordinance or a development condition;
(iii) adjust the lot lines of adjoining lots or between a lot and an adjoining parcel if the
fee owners of each of the adjoining properties join the petition, regardless of whether the
properties are located in the same subdivision;
(iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction
imposed by the local political subdivision; or
(v) alter the plat in a manner that does not change existing boundaries or other
attributes of lots within the subdivision that are not:
(A) owned by the petitioner; or
(B) designated as a common area; and
(b) notice has been given to adjoining property owners in accordance with any
applicable local ordinance.
(3) A petition under Subsection (1)(a) that contains a request to amend a public street
or county utility easement is also subject to Section 
17-27a-609.5
.
(4) A petition under Subsection (1)(a) that contains a request to amend an entire plat or
a portion of a plat shall include:
(a) the name and address of each owner of record of the land contained in:
(i) the entire plat; or
(ii) that portion of the plan described in the petition; and
(b) the signature of each owner who consents to the petition.
(5) (a) The owners of record of adjoining properties where one or more of the
properties is a lot may exchange title to portions of those properties if the exchange of title is
approved by the land use authority 
as a lot line adjustment
 in accordance with Subsection
(5)(b).
(b) The land use authority shall approve [
an exchange of title
] 
a lot line adjustment
under Subsection (5)(a) if the exchange of title will not result in a violation of any land use
ordinance.
(c) If [
an exchange of title
] 
a lot line adjustment
 is approved under Subsection (5)(b):
(i) a notice of 
lot line adjustment
 approval shall be recorded in the office of the county
recorder which:
(A) is [
executed
] 
approved
 by [
each owner included in the exchange and by
] the land
use authority; 
and
[
(B) contains an acknowledgment for each party executing the notice in accordance
with the provisions of Title 57, Chapter 2a, Recognition of Acknowledgments Act; and
]
[
(C)
] 
(B)
 recites the legal descriptions of both the properties and the properties
resulting from the exchange of title; and
(ii) a document of conveyance of title reflecting the approved change shall be recorded
in the office of the county recorder [
with an amended plat
].
(d) A notice of approval recorded under this Subsection (5) does not act as a
conveyance of title to real property and is not required to record a document conveying title to
real property.
(6) (a) The name of a recorded subdivision may be changed by recording an amended
plat making that change, as provided in this section and subject to Subsection (6)(c).
(b) The surveyor preparing the amended 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) (A) has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; or
(B) has referenced a record of survey map of the existing property boundaries shown
on the plat and verified the locations of the boundaries; and
(iii) has placed monuments as represented on the plat.
(c) An owner of land may not submit for recording an amended plat that gives the
subdivision described in the amended plat the same name as a subdivision recorded in the
county recorder's office.
(d) Except as provided in Subsection (6)(a), the recording of a declaration or other
document that purports to change the name of a recorded plat is void.
Section 13. Section 
63I-2-210
 is amended to read:
63I-2-210.
Repeal dates: Title 10.
On January 1, 2025, Section 
10-9a-604.9
 is repealed.
Section 14. Section 
63I-2-217
 is amended to read:
63I-2-217.
Repeal dates: Title 17.
[
(1) Title 17, Chapter 35b, Consolidation of Local Government Units, is repealed
January 1, 2022.
]
(1) On January 1, 2022, Title 17, Chapter 35b, Consolidation of Local Government
Units, is repealed.
[
(2) On January 1, 2028, Subsection 
17-52a-103
(3), requiring certain counties to
initiate a change of form of government process by July 1, 2018, is repealed.
]
[
(3)
] 
(2)
 On June 1, 2022:
(a) Section 
17-52a-104
 is repealed;
(b) in Subsection 
17-52a-301
(3)(a), the language that states "or under a provision
described in Subsection 
17-52a-104
(1)(b) or (2)(b)," is repealed; and
(c) Subsection 
17-52a-301
(3)(a)(iv), regarding the first initiated process, is repealed.
(3) On January 1, 2025, Section 
17-27a-604.9
 is repealed.
(4) On January 1, 2028, Subsection 
17-52a-103
(3), requiring certain counties to initiate
a change of form of government process by July 1, 2018, is repealed.