10-9a-509 - Applicant's entitlement to land use application approval -- Exceptions -- Application relating to land in a high priority transportation corridor -- Municipality's requirements and
10-9a-509. Applicant's entitlement to land use application approval -- Exceptions --Application relating to land in a high priority transportation corridor -- Municipality'srequirements and limitations -- Vesting upon submission of development plan andschedule.
(1) (a) Except as provided in Subsection (1)(b), an applicant is entitled to approval of aland use application if the application conforms to the requirements of the municipality's land usemaps, zoning map, and applicable land use ordinance in effect when a complete application issubmitted and all application fees have been paid, unless:
(i) the land use authority, on the record, finds that a compelling, countervailing publicinterest would be jeopardized by approving the application; or
(ii) in the manner provided by local ordinance and before the application is submitted,the municipality has formally initiated proceedings to amend its ordinances in a manner thatwould prohibit approval of the application as submitted.
(b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval ofa land use application until the requirements of this Subsection (1)(b) have been met if the landuse application relates to land located within the boundaries of a high priority transportationcorridor designated in accordance with Section 72-5-403.
(ii) (A) A municipality shall notify the executive director of the Department ofTransportation of any land use applications that relate to land located within the boundaries of ahigh priority transportation corridor.
(B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed bycertified or registered mail to the executive director of the Department of Transportation.
(iii) Except as provided in Subsection (1)(c), a municipality may not approve a land useapplication that relates to land located within the boundaries of a high priority transportationcorridor until:
(A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by theDepartment of Transportation if the land use application is for a building permit; or
(B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by theDepartment of Transportation if the land use application is for any land use other than a buildingpermit.
(iv) (A) If an application is an application for a subdivision approval, including any land,subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal, the landuse authority shall:
(I) within 30 days after the day on which the application is filed, notify the canalcompany or canal operator responsible for the canal, if the canal company or canal operator hasprovided information under Section 10-9a-211; and
(II) wait at least 10 days after the day on which the land use authority notifies a canalcompany or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the subdivisionapplication described in Subsection (1)(b)(iv)(A).
(B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed bycertified or registered mail to the canal company or canal operator contact described in Section10-9a-211.
(C) The location of land described in Subsection (1)(b)(iv)(A) shall be:
(I) provided by a canal company or canal operator to the land use authority; and
(II) (Aa) determined by use of mapping-grade global positioning satellite units; or
(Bb) digitized from the most recent aerial photo available to the canal company or canaloperator.
(c) (i) A land use application is exempt from the requirements of Subsections (1)(b)(i)and (ii) if:
(A) the land use application relates to land that was the subject of a previous land useapplication; and
(B) the previous land use application described under Subsection (1)(c)(i)(A) compliedwith the requirements of Subsections (1)(b)(i) and (ii).
(ii) A municipality may approve a land use application without making the requirednotifications under Subsection (1)(b)(ii)(A) if:
(A) the land use application relates to land that was the subject of a previous land useapplication; and
(B) the previous land use application described under Subsection (1)(c)(ii)(A) compliedwith the requirements of Subsections (1)(b)(i) and (ii).
(d) After a municipality has complied with the requirements of Subsection (1)(b) for aland use application, the municipality may not withhold approval of the land use application forwhich the applicant is otherwise entitled under Subsection (1)(a).
(e) The municipality shall process an application without regard to proceedings initiatedto amend the municipality's ordinances as provided in Subsection (1)(a)(ii) if:
(i) 180 days have passed since the proceedings were initiated; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of theapplication as submitted.
(f) An application for a land use approval is considered submitted and complete when theapplication is provided in a form that complies with the requirements of applicable ordinancesand all applicable fees have been paid.
(g) The continuing validity of an approval of a land use application is conditioned uponthe applicant proceeding after approval to implement the approval with reasonable diligence.
(h) A municipality may not impose on a holder of an issued land use permit or approvedsubdivision plat a requirement that is not expressed:
(i) in the land use permit or subdivision plat, documents on which the land use permit orsubdivision plat is based, or the written record evidencing approval of the land use permit orsubdivision plat; or
(ii) in this chapter or the municipality's ordinances.
(i) A municipality may not withhold issuance of a certificate of occupancy or acceptanceof subdivision improvements because of an applicant's failure to comply with a requirement thatis not expressed:
(i) in the building permit or subdivision plat, documents on which the building permit orsubdivision plat is based, or the written record evidencing approval of the land use permit orsubdivision plat; or
(ii) in this chapter or the municipality's ordinances.
(2) A municipality is bound by the terms and standards of applicable land use ordinancesand shall comply with mandatory provisions of those ordinances.
(3) A municipality may not, as a condition of land use application approval, require aperson filing a land use application to obtain documentation regarding a school district'swillingness, capacity, or ability to serve the development proposed in the land use application.
(4) Upon a specified public agency's submission of a development plan and schedule asrequired in Subsection 10-9a-305(9) that complies with the requirements of that subsection, thespecified public agency vests in the municipality's applicable land use maps, zoning map, hookupfees, impact fees, other applicable development fees, and land use ordinances in effect on thedate of submission.
Amended by Chapter 332, 2010 General Session