Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 388
         LAND USE DEVELOPMENT AND MANAGEMENT REVISIONS
                                      2020 GENERAL SESSION
                                          STATE OF UTAH
                                 Chief Sponsor: Logan Wilde
                              Senate Sponsor: Kirk A. Cullimore
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 LONG TITLE
 General Description:
        This bill revises provisions applicable to municipal and county land use development
 and management.
 Highlighted Provisions:
        This bill:
        < defines and modifies terms;
        < modifies requirements applicable to certain land use recommendations made by a
 planning commission;
        < modifies provisions applicable to certain exemptions from local plat requirements;
        < modifies provisions applicable to a petition for a subdivision amendment;
        < clarifies the powers of certain public utilities;
        < limits the right to appeal the decision of a land use authority to certain persons; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        10-9a-103, as last amended by Laws of Utah 2019, Chapters 327, 384 and last amended
 by Coordination Clause, Laws of Utah 2019, Chapter 384
        10-9a-302, as last amended by Laws of Utah 2019, Chapter 384
      H.B. 388                                                                  Enrolled Copy
        10-9a-404, as last amended by Laws of Utah 2018, Chapter 218
        10-9a-408, as last amended by Laws of Utah 2019, Chapter 327
        10-9a-509, as last amended by Laws of Utah 2019, Chapter 384 and last amended by
 Coordination Clause, Laws of Utah 2019, Chapter 384
        10-9a-603, as last amended by Laws of Utah 2019, Chapters 35 and 384
        10-9a-604, as last amended by Laws of Utah 2019, Chapter 35
        10-9a-605, as last amended by Laws of Utah 2019, Chapter 384
        10-9a-608, as last amended by Laws of Utah 2019, Chapter 384
        10-9a-609.5, as last amended by Laws of Utah 2019, Chapter 384
        10-9a-611, as last amended by Laws of Utah 2016, Chapter 303
        10-9a-701, as last amended by Laws of Utah 2019, Chapter 384
        10-9a-703, as last amended by Laws of Utah 2017, Chapter 17
        10-9a-704, as last amended by Laws of Utah 2017, Chapter 17
        10-9a-801, as last amended by Laws of Utah 2019, Chapter 384
        10-9a-802, as last amended by Laws of Utah 2019, Chapter 384
        17-27a-103, as last amended by Laws of Utah 2019, Chapters 327, 384 and last
 amended by Coordination Clause, Laws of Utah 2019, Chapter 384
        17-27a-302, as last amended by Laws of Utah 2019, Chapter 384
        17-27a-404, as last amended by Laws of Utah 2018, Chapter 218
        17-27a-408, as last amended by Laws of Utah 2019, Chapter 327
        17-27a-603, as last amended by Laws of Utah 2019, Chapters 35 and 384
        17-27a-604, as last amended by Laws of Utah 2019, Chapter 35
        17-27a-605, as last amended by Laws of Utah 2019, Chapter 384
        17-27a-608, as last amended by Laws of Utah 2019, Chapter 384
        17-27a-609.5, as last amended by Laws of Utah 2019, Chapter 384
        17-27a-611, as renumbered and amended by Laws of Utah 2005, Chapter 254
        17-27a-701, as last amended by Laws of Utah 2011, Chapter 92
        17-27a-703, as last amended by Laws of Utah 2009, Chapter 356
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       Enrolled Copy                                                                             H.B. 388
        17-27a-704, as last amended by Laws of Utah 2006, Chapter 240
        17-27a-801, as last amended by Laws of Utah 2019, Chapter 384
        17-27a-802, as last amended by Laws of Utah 2019, Chapter 384
        63I-2-217, as last amended by Laws of Utah 2019, Chapters 136, 252, 327, 384, 510
 and last amended by Coordination Clause, Laws of Utah 2019, Chapter 384
        63J-4-607, as last amended by Laws of Utah 2019, Chapter 246
 ENACTS:
        10-9a-529, Utah Code Annotated 1953
66
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 10-9a-103 is amended to read:
        10-9a-103. Definitions.
        As used in this chapter:
        (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or
 detached from a primary single-family dwelling and contained on one lot.
        (2) "Adversely affected party" means a person other than a land use applicant who:
        (a) owns real property adjoining the property that is the subject of a land use
 application or land use decision; or
        (b) will suffer a damage different in kind than, or an injury distinct from, that of the
 general community as a result of the land use decision.
        [(2)] (3) "Affected entity" means a county, municipality, local district, special service
 district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal
 cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified
 public utility, property owner, property owners association, or the Utah Department of
 Transportation, if:
        (a) the entity's services or facilities are likely to require expansion or significant
 modification because of an intended use of land;
        (b) the entity has filed with the municipality a copy of the entity's general or long-range
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        H.B. 388                                                                        Enrolled Copy
 plan; or
         (c) the entity has filed with the municipality a request for notice during the same
 calendar year and before the municipality provides notice to an affected entity in compliance
 with a requirement imposed under this chapter.
         [(3)] (4) "Affected owner" means the owner of real property that is:
         (a) a single project;
         (b) the subject of a land use approval that sponsors of a referendum timely challenged
 in accordance with Subsection 20A-7-601(5)(a); and
         (c) determined to be legally referable under Section 20A-7-602.8.
         [(4)] (5) "Appeal authority" means the person, board, commission, agency, or other
 body designated by ordinance to decide an appeal of a decision of a land use application or a
 variance.
         [(5)] (6) "Billboard" means a freestanding ground sign located on industrial,
 commercial, or residential property if the sign is designed or intended to direct attention to a
 business, product, or service that is not sold, offered, or existing on the property where the sign
 is located.
         [(6)] (7) (a) "Charter school" means:
         (i) an operating charter school;
         (ii) a charter school applicant that has its application approved by a charter school
 authorizer in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or
         (iii) an entity that is working on behalf of a charter school or approved charter
 applicant to develop or construct a charter school building.
         (b) "Charter school" does not include a therapeutic school.
         [(7)] (8) "Conditional use" means a land use that, because of its unique characteristics
 or potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not
 be compatible in some areas or may be compatible only if certain conditions are required that
 mitigate or eliminate the detrimental impacts.
         [(8)] (9) "Constitutional taking" means a governmental action that results in a taking of
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        Enrolled Copy                                                                           H.B. 388
 private property so that compensation to the owner of the property is required by the:
         (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
         (b) Utah Constitution Article I, Section 22.
         [(9)] (10) "Culinary water authority" means the department, agency, or public entity
 with responsibility to review and approve the feasibility of the culinary water system and
 sources for the subject property.
         [(10)] (11) "Development activity" means:
         (a) any construction or expansion of a building, structure, or use that creates additional
 demand and need for public facilities;
         (b) any change in use of a building or structure that creates additional demand and need
 for public facilities; or
         (c) any change in the use of land that creates additional demand and need for public
 facilities.
         [(11)] (12) (a) "Disability" means a physical or mental impairment that substantially
 limits one or more of a person's major life activities, including a person having a record of such
 an impairment or being regarded as having such an impairment.
         (b) "Disability" does not include current illegal use of, or addiction to, any federally
 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
 802.
         [(12)] (13) "Educational facility":
         (a) means:
         (i) a school district's building at which pupils assemble to receive instruction in a
 program for any combination of grades from preschool through grade 12, including
 kindergarten and a program for children with disabilities;
         (ii) a structure or facility:
         (A) located on the same property as a building described in Subsection [(12)]
 (13)(a)(i); and
         (B) used in support of the use of that building; and
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        H.B. 388                                                                         Enrolled Copy
         (iii) a building to provide office and related space to a school district's administrative
 personnel; and
         (b) does not include:
         (i) land or a structure, including land or a structure for inventory storage, equipment
 storage, food processing or preparing, vehicle storage or maintenance, or similar use that is:
         (A) not located on the same property as a building described in Subsection [(12)]
 (13)(a)(i); and
         (B) used in support of the purposes of a building described in Subsection [(12)]
 (13)(a)(i); or
         (ii) a therapeutic school.
         [(13)] (14) "Fire authority" means the department, agency, or public entity with
 responsibility to review and approve the feasibility of fire protection and suppression services
 for the subject property.
         [(14)] (15) "Flood plain" means land that:
         (a) is within the 100-year flood plain designated by the Federal Emergency
 Management Agency; or
         (b) has not been studied or designated by the Federal Emergency Management Agency
 but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because
 the land has characteristics that are similar to those of a 100-year flood plain designated by the
 Federal Emergency Management Agency.
         [(15)] (16) "General plan" means a document that a municipality adopts that sets forth
 general guidelines for proposed future development of the land within the municipality.
         [(16)] (17) "Geologic hazard" means:
         (a) a surface fault rupture;
         (b) shallow groundwater;
         (c) liquefaction;
         (d) a landslide;
         (e) a debris flow;
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        Enrolled Copy                                                                          H.B. 388
         (f) unstable soil;
         (g) a rock fall; or
         (h) any other geologic condition that presents a risk:
         (i) to life;
         (ii) of substantial loss of real property; or
         (iii) of substantial damage to real property.
         [(17)] (18) "Historic preservation authority" means a person, board, commission, or
 other body designated by a legislative body to:
         (a) recommend land use regulations to preserve local historic districts or areas; and
         (b) administer local historic preservation land use regulations within a local historic
 district or area.
         [(18)] (19) "Hookup fee" means a fee for the installation and inspection of any pipe,
 line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or
 other utility system.
         [(19)] (20) "Identical plans" means building plans submitted to a municipality that:
         (a) are clearly marked as "identical plans";
         (b) are substantially identical to building plans that were previously submitted to and
 reviewed and approved by the municipality; and
         (c) describe a building that:
         (i) is located on land zoned the same as the land on which the building described in the
 previously approved plans is located;
         (ii) is subject to the same geological and meteorological conditions and the same law
 as the building described in the previously approved plans;
         (iii) has a floor plan identical to the building plan previously submitted to and reviewed
 and approved by the municipality; and
         (iv) does not require any additional engineering or analysis.
         [(20)] (21) "Impact fee" means a payment of money imposed under Title 11, Chapter
 36a, Impact Fees Act.
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        H.B. 388                                                                        Enrolled Copy
        [(21)] (22) "Improvement completion assurance" means a surety bond, letter of credit,
 financial institution bond, cash, assignment of rights, lien, or other equivalent security required
 by a municipality to guaranty the proper completion of landscaping or an infrastructure
 improvement required as a condition precedent to:
        (a) recording a subdivision plat; or
        (b) development of a commercial, industrial, mixed use, or multifamily project.
        [(22)] (23) "Improvement warranty" means an applicant's unconditional warranty that
 the applicant's installed and accepted landscaping or infrastructure improvement:
        (a) complies with the municipality's written standards for design, materials, and
 workmanship; and
        (b) will not fail in any material respect, as a result of poor workmanship or materials,
 within the improvement warranty period.
        [(23)] (24) "Improvement warranty period" means a period:
        (a) no later than one year after a municipality's acceptance of required landscaping; or
        (b) no later than one year after a municipality's acceptance of required infrastructure,
 unless the municipality:
        (i) determines for good cause that a one-year period would be inadequate to protect the
 public health, safety, and welfare; and
        (ii) has substantial evidence, on record:
        (A) of prior poor performance by the applicant; or
        (B) that the area upon which the infrastructure will be constructed contains suspect soil
 and the municipality has not otherwise required the applicant to mitigate the suspect soil.
        [(24)] (25) "Infrastructure improvement" means permanent infrastructure that is
 essential for the public health and safety or that:
        (a) is required for human occupation; and
        (b) an applicant must install:
        (i) in accordance with published installation and inspection specifications for public
 improvements; and
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        Enrolled Copy                                                                            H.B. 388
         (ii) whether the improvement is public or private, as a condition of:
         (A) recording a subdivision plat;
         (B) obtaining a building permit; or
         (C) development of a commercial, industrial, mixed use, condominium, or multifamily
 project.
         [(25)] (26) "Internal lot restriction" means a platted note, platted demarcation, or
 platted designation that:
         (a) runs with the land; and
         (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on
 the plat; or
         (ii) designates a development condition that is enclosed within the perimeter of a lot
 described on the plat.
         [(26)] (27) "Land use applicant" means a property owner, or the property owner's
 designee, who submits a land use application regarding the property owner's land.
         [(27)] (28) "Land use application":
         (a) means an application that is:
         (i) required by a municipality; and
         (ii) submitted by a land use applicant to obtain a land use decision; and
         (b) does not mean an application to enact, amend, or repeal a land use regulation.
         [(28)] (29) "Land use authority" means:
         (a) a person, board, commission, agency, or body, including the local legislative body,
 designated by the local legislative body to act upon a land use application; or
         (b) if the local legislative body has not designated a person, board, commission,
 agency, or bo