Bill Summary – FastDemocracy

Enrolled Copy                                                                                H.B. 476
                   MUNICIPAL LAND USE REGULATION MODIFICATIONS
                                          2024 GENERAL SESSION
                                               STATE OF UTAH
                                     Chief Sponsor: Stephen L. Whyte Senate Sponsor: Lincoln Fillmore
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  LONG TITLE
  General Description:
      This bill modifies provisions relating to local governments.
  Highlighted Provisions:
      This bill:
      ▸ modifies the signature requirements for a petition proposing to annex an area to a
  municipality;
      ▸ modifies county and municipal land use provisions;
      ▸ requires a county or municipality to accept and process a complete land use application
  under specified conditions;
      ▸ modifies provisions relating to development agreements;
      ▸ modifies the limitation of a provision on building design elements;
      ▸ authorizes a county or municipality to require a seller to notify a buyer of water wise
  landscaping requirements;
      ▸ enacts language relating to residential rear setback limitations;
      ▸ modifies provisions relating to the review of subdivision applications and subdivision
  improvement plans;
      ▸ modifies a provision relating to the landscaping of residential lots or open space;
      ▸ modifies a provision relating to a completion assurance bond;
      ▸ modifies provisions relating to the enforcement of county and municipal land use
  regulations; and
      ▸ makes technical and conforming changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
     H.B. 476                                                                           Enrolled Copy
       This bill provides a special effective date.
   Utah Code Sections Affected:
   AMENDS:
       10-2-403 (Effective 11/01/24), as last amended by Laws of Utah 2023, Chapters 16, 34
       and 478
       10-9a-509 (Effective 11/01/24), as last amended by Laws of Utah 2023, Chapter 478
       10-9a-532 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 478
       10-9a-534 (Effective 11/01/24), as last amended by Laws of Utah 2023, Chapters 160,
       478
       10-9a-536 (Effective 11/01/24), as last amended by Laws of Utah 2023, Chapters 139,
       247
       10-9a-604.2 (Effective 11/01/24), as enacted by Laws of Utah 2023, Chapter 501
       10-9a-604.5 (Effective 11/01/24), as last amended by Laws of Utah 2023, Chapter 478
       10-9a-802 (Effective 11/01/24), as last amended by Laws of Utah 2020, Chapter 434
       17-27a-508 (Effective 11/01/24), as last amended by Laws of Utah 2023, Chapter 478
       17-27a-528 (Effective 11/01/24), as last amended by Laws of Utah 2023, Chapter 478
       17-27a-530 (Effective 11/01/24), as last amended by Laws of Utah 2023, Chapters 160,
       478
       17-27a-532 (Effective 11/01/24), as last amended by Laws of Utah 2023, Chapters 139,
       247
       17-27a-604.2 (Effective 11/01/24), as enacted by Laws of Utah 2023, Chapter 501
       17-27a-604.5 (Effective 11/01/24), as last amended by Laws of Utah 2023, Chapter 478
       17-27a-802 (Effective 11/01/24), as last amended by Laws of Utah 2020, Chapter 434
       38-9-102 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 16
   ENACTS:
       10-9a-538 (Effective 11/01/24), Utah Code Annotated 1953
       17-27a-534 (Effective 11/01/24), Utah Code Annotated 1953
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   Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 10-2-403 is amended to read:
         10-2-403 (Effective 11/01/24). Annexation petition -- Requirements -- Notice
   required before filing.
   (1) Except as provided in Section 10-2-418, the process to annex an unincorporated area to
       a municipality is initiated by a petition as provided in this section.
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  (2) (a) (i) Before filing a petition under Subsection (1), the person or persons
      intending to file a petition shall:
               (A) file with the city recorder or town clerk of the proposed annexing municipality
                   a notice of intent to file a petition; and
               (B) send a copy of the notice of intent to each affected entity.
          (ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of
               the area that is proposed to be annexed.
      (b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to be
          annexed is located shall:
               (A) mail the notice described in Subsection (2)(b)(iii) to:
                   (I) each owner of real property located within the area proposed to be annexed;
                        and
                   (II) each owner of real property located within 300 feet of the area proposed to
                        be annexed; and
               (B) send to the proposed annexing municipality a copy of the notice and a
                   certificate indicating that the notice has been mailed as required under
                   Subsection (2)(b)(i)(A).
          (ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20
               days after receiving from the person or persons who filed the notice of intent:
               (A) a written request to mail the required notice; and
               (B) payment of an amount equal to the county's expected actual cost of mailing
                   the notice.
          (iii) Each notice required under Subsection (2)(b)(i)(A) shall:
               (A) be in writing;
  (B) state, in bold and conspicuous terms, substantially the following:
        "Attention: Your property may be affected by a proposed annexation.
        Records show that you own property within an area that is intended to be included in a
      proposed annexation to (state the name of the proposed annexing municipality) or that is
      within 300 feet of that area. If your property is within the area proposed for annexation, you
      may be asked to sign a petition supporting the annexation. You may choose whether to sign
      the petition. By signing the petition, you indicate your support of the proposed annexation. If
      you sign the petition but later change your mind about supporting the annexation, you may
      withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
      of (state the name of the proposed annexing municipality) within 30 days after (state the name
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      H.B. 476                                                                               Enrolled Copy
       of the proposed annexing municipality) receives notice that the petition has been certified.
         There will be no public election on the proposed annexation because Utah law does not
       provide for an annexation to be approved by voters at a public election. Signing or not signing
       the annexation petition is the method under Utah law for the owners of property within the
       area proposed for annexation to demonstrate their support of or opposition to the proposed
       annexation.
         You may obtain more information on the proposed annexation by contacting (state the
       name, mailing address, telephone number, and email address of the official or employee of the
       proposed annexing municipality designated to respond to questions about the proposed
       annexation), (state the name, mailing address, telephone number, and email address of the
       county official or employee designated to respond to questions about the proposed
       annexation), or (state the name, mailing address, telephone number, and email address of the
       person who filed the notice of intent under Subsection (2)(a)(i)(A), or, if more than one person
       filed the notice of intent, one of those persons). Once filed, the annexation petition will be
       available for inspection and copying at the office of (state the name of the proposed annexing
       municipality) located at (state the address of the municipal offices of the proposed annexing
       municipality)."; and
                (C) be accompanied by an accurate map identifying the area proposed for
                     annexation.
            (iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A)
                any other information or materials related or unrelated to the proposed annexation.
       (c) (i) After receiving the certificate from the county as provided in Subsection
            (2)(b)(i)(B), the proposed annexing municipality shall, upon request from the
            person or persons who filed the notice of intent under Subsection (2)(a)(i)(A),
            provide an annexation petition for the annexation proposed in the notice of intent.
            (ii) An annexation petition provided by the proposed annexing municipality may be
                duplicated for circulation for signatures.
   (3) Each petition under Subsection (1) shall:
       (a) be filed with the applicable city recorder or town clerk of the proposed annexing
            municipality;
       (b) contain the signatures of, if all the real property within the area proposed for
            annexation is owned by a public entity other than the federal government, the owners
            of all the publicly owned real property, or the owners of private real property that:
            (i) is located within the area proposed for annexation;
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      Enrolled Copy                                                                                    H.B. 476
          (ii) (A) subject to Subsection (3)(b)(ii)(C), covers a majority of the private land
               area within the area proposed for annexation;
               (B) covers 100% of all of the rural real property within the area proposed for
                   annexation; and
               (C) covers 100% of all of the private land area within the area proposed for
                   annexation [or] if the area is within a migratory bird production area created
                   under Title 23A, Chapter 13, Migratory Bird Production Area; and
          (iii) is equal in value to at least 1/3 of the value of all private real property within the
               area proposed for annexation;
      (c) be accompanied by:
          (i) an accurate and recordable map, prepared by a licensed surveyor in accordance
               with Section 17-23-20, of the area proposed for annexation; and
          (ii) a copy of the notice sent to affected entities as required under Subsection
               (2)(a)(i)(B) and a list of the affected entities to which notice was sent;
  (d) contain on each signature page a notice in bold and conspicuous terms that states
      substantially the following:
        "Notice:
        • There will be no public election on the annexation proposed by this petition because Utah
      law does not provide for an annexation to be approved by voters at a public election.
        • If you sign this petition and later decide that you do not support the petition, you may
      withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk
      of (state the name of the proposed annexing municipality). If you choose to withdraw your
      signature, you shall do so no later than 30 days after (state the name of the proposed annexing
      municipality) receives notice that the petition has been certified.";
      (e) if the petition proposes a cross-county annexation, as defined in Section 10-2-402.5,
          be accompanied by a copy of the resolution described in Subsection 10-2-402.5
          (4)(a)(iii)(A); and
      (f) designate up to five of the signers of the petition as sponsors, one of whom shall be
          designated as the contact sponsor, and indicate the mailing address of each sponsor.
  (4) A petition under Subsection (1) may not propose the annexation of all or part of an area
      proposed for annexation to a municipality in a previously filed petition that has not been
      denied, rejected, or granted.
  (5) If practicable and feasible, the boundaries of an area proposed for annexation shall be
      drawn:
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      H.B. 476                                                                                  Enrolled Copy
       (a) along the boundaries of existing special districts and special service districts for
            sewer, water, and other services, along the boundaries of school districts whose
            boundaries follow city boundaries or school districts adjacent to school districts
            whose boundaries follow city boundaries, and along the boundaries of other taxing
            entities;
       (b) to eliminate islands and peninsulas of territory that is not receiving municipal-type
            services;
       (c) to facilitate the consolidation of overlapping functions of local government;
       (d) to promote the efficient delivery of services; and
       (e) to encourage the equitable distribution of community resources and obligations.
   (6) On the date of filing, the petition sponsors shall deliver or mail a copy of the petition to
       the clerk of the county in which the area proposed for annexation is located.
   (7) A property owner who signs an annexation petition may withdraw the owner's signature
       by filing a written withdrawal, signed by the property owner, with the city recorder or
       town clerk no later than 30 days after the municipal legislative body's receipt of the
       notice of certification under Subsection 10-2-405(2)(c)(i).
         Section 2. Section 10-9a-509 is amended to read:
         10-9a-509 (Effective 11/01/24). Applicant's entitlement to land use application
   approval -- Municipality's requirements and limitations -- Vesting upon submission
   of development plan and schedule.
   (1) (a) (i) An applicant who has submitted a complete land use application as
       described in Subsection (1)(c), including the payment of all application fees, is
       entitled to substantive review of the application under the land use regulations:
                (A) in effect on the date that the application is complete; and
                (B) applicable to the application or to the information shown on the application.
            (ii) An applicant is entitled to approval of a land use application if the application
                conforms to the requirements of the applicable land use regulations, land use
                decisions, and development standards in effect when the applicant submits a
                complete application and pays application fees, unless:
                (A) the land use authority, on the record, formally finds that a compelling,
                        countervailing public interest would be jeopardized by approving the
                        application and specifies the compelling, countervailing public interest in
                        writing; or
                (B) in the manner provided by local ordinance and before the applicant submits
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      Enrolled Copy                                                                                H.B. 476
                  the application, the municipality formally initiates proceedings to amend the
                  municipality's land use regulations in a manner that would prohibit approval of
                  the application as submitted.
      (b) The municipality shall process an application without regard to proceedings the
          municipality initiated to amend the municipality's ordinances as described in
          Subsection (1)(a)(ii)(B) if:
          (i) 180 days have passed since the municipality initiated the proceedings; and
          (ii) (A) the proceedings have not resulted in an enactment that prohibits approval
              of the application as submitted; or
              (B) during the 12 months prior to the municipality processing the application, or
                  multiple applications of the same type, are impaired or prohibited under the
                  terms of a temporary land use regulation adopted under Section 10-9a-504.
      (c) A land use application is considered submitted and complete when the applicant
          provides the application in a form that complies with the requirements of applicable
          ordinances and pays all applicable fees.
      (d) A subsequent incorporation of a municipality or a petition that proposes the
          incorporation of a municipality does not affect a land use application approved by a
          county in accordance with Section 17-27a-508.
      (e) Unless a phasing sequence is required in an executed development agreement, a
          municipality shall, without regard to any other separate and distinct land use
          application, accept and process a complete land use application.
      [(e)] (f) The continuing validity of an approval of a land use application is conditioned
          upon the applicant proceeding after approval to implement the approval with
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