Utah 2023 Regular Session

Utah House Bill HB0565 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 565
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: B. Hess 6
4	4	6 02-27-23 7:38 AM 6
5	5	H.B. 565
6	6	1 MUNICIPAL LAND USE AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Kera Birkeland
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill provides that an individual may bring a claim against a municipality regardless
15	15	10of certain other appeal processes.
16	16	11Highlighted Provisions:
17	17	12 This bill:
18	18	13 <provides that an individual may bring a claim against a municipality regardless of
19	19	14certain other appeal processes.
20	20	15Money Appropriated in this Bill:
21	21	16 None
22	22	17Other Special Clauses:
23	23	18 None
24	24	19Utah Code Sections Affected:
25	25	20AMENDS:
26	26	21 10-9a-509.5, as last amended by Laws of Utah 2020, Chapter 126
27	27	22
28	28	23Be it enacted by the Legislature of the state of Utah:
29	29	24 Section 1. Section 10-9a-509.5 is amended to read:
30	30	25 10-9a-509.5. Review for application completeness -- Substantive application
31	31	26review -- Reasonable diligence required for determination of whether improvements or
32	32	27warranty work meets standards -- Money damages claim prohibited.
33	33	HB0565 H.B. 565 02-27-23 7:38 AM
34	34	- 2 -
35	35	28 (1) (a) Each municipality shall, in a timely manner, determine whether a land use
36	36	29application is complete for the purposes of subsequent, substantive land use authority review.
37	37	30 (b) After a reasonable period of time to allow the municipality diligently to evaluate
38	38	31whether all objective ordinance-based application criteria have been met, if application fees
39	39	32have been paid, the applicant may in writing request that the municipality provide a written
40	40	33determination either that the application is:
41	41	34 (i) complete for the purposes of allowing subsequent, substantive land use authority
42	42	35review; or
43	43	36 (ii) deficient with respect to a specific, objective, ordinance-based application
44	44	37requirement.
45	45	38 (c) Within 30 days of receipt of an applicant's request under this section, the
46	46	39municipality shall either:
47	47	40 (i) mail a written notice to the applicant advising that the application is deficient with
48	48	41respect to a specified, objective, ordinance-based criterion, and stating that the application shall
49	49	42be supplemented by specific additional information identified in the notice; or
50	50	43 (ii) accept the application as complete for the purposes of further substantive
51	51	44processing by the land use authority.
52	52	45 (d) If the notice required by Subsection (1)(c)(i) is not timely mailed, the application
53	53	46shall be considered complete, for purposes of further substantive land use authority review.
54	54	47 (e) (i) The applicant may raise and resolve in a single appeal any determination made
55	55	48under this Subsection (1) to the appeal authority, including an allegation that a reasonable
56	56	49period of time has elapsed under Subsection (1)(a).
57	57	50 (ii) The appeal authority shall issue a written decision for any appeal requested under
58	58	51this Subsection (1)(e).
59	59	52 (f) (i) The applicant may appeal to district court the decision of the appeal authority
60	60	53made under Subsection (1)(e).
61	61	54 (ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of
62	62	55the written decision.
63	63	56 (g) The appeal process described in Subsection (1)(f) for a land use appeal does not
64	64	57preclude an individual from bringing a claim against a municipality that is not a land-use
65	65	58appeal. 02-27-23 7:38 AM H.B. 565
66	66	- 3 -
67	67	59 (2) (a) Each land use authority shall substantively review a complete application and an
68	68	60application considered complete under Subsection (1)(d), and shall approve or deny each
69	69	61application with reasonable diligence.
70	70	62 (b) After a reasonable period of time to allow the land use authority to consider an
71	71	63application, the applicant may in writing request that the land use authority take final action
72	72	64within 45 days from date of service of the written request.
73	73	65 (c) Within 45 days from the date of service of the written request described in
74	74	66Subsection (2)(b):
75	75	67 (i) except as provided in Subsection (2)(c)(ii), the land use authority shall take final
76	76	68action, approving or denying the application; and
77	77	69 (ii) if a landowner petitions for a land use regulation, a legislative body shall take final
78	78	70action by approving or denying the petition.
79	79	71 (d) If the land use authority denies an application processed under the mandates of
80	80	72Subsection (2)(b), or if the applicant has requested a written decision in the application, the
81	81	73land use authority shall include its reasons for denial in writing, on the record, which may
82	82	74include the official minutes of the meeting in which the decision was rendered.
83	83	75 (e) If the land use authority fails to comply with Subsection (2)(c), the applicant may
84	84	76appeal this failure to district court within 30 days of the date on which the land use authority is
85	85	77required to take final action under Subsection (2)(c).
86	86	78 (3) (a) With reasonable diligence, each land use authority shall determine whether the
87	87	79installation of required subdivision improvements or the performance of warranty work meets
88	88	80the municipality's adopted standards.
89	89	81 (b) (i) An applicant may in writing request the land use authority to accept or reject the
90	90	82applicant's installation of required subdivision improvements or performance of warranty work.
91	91	83 (ii) The land use authority shall accept or reject subdivision improvements within 15
92	92	84days after receiving an applicant's written request under Subsection (3)(b)(i), or as soon as
93	93	85practicable after that 15-day period if inspection of the subdivision improvements is impeded
94	94	86by winter weather conditions.
95	95	87 (iii) The land use authority shall accept or reject the performance of warranty work
96	96	88within 45 days after receiving an applicant's written request under Subsection (3)(b)(i), or as
97	97	89soon as practicable after that 45-day period if inspection of the warranty work is impeded by H.B. 565 02-27-23 7:38 AM
98	98	- 4 -
99	99	90winter weather conditions.
100	100	91 (c) If a land use authority determines that the installation of required subdivision
101	101	92improvements or the performance of warranty work does not meet the municipality's adopted
102	102	93standards, the land use authority shall comprehensively and with specificity list the reasons for
103	103	94the land use authority's determination.
104	104	95 (4) Subject to Section 10-9a-509, nothing in this section and no action or inaction of
105	105	96the land use authority relieves an applicant's duty to comply with all applicable substantive
106	106	97ordinances and regulations.
107	107	98 (5) There shall be no money damages remedy arising from a claim under this section.