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