Utah Code 10-9a-509. Applicant’s entitlement to land use application approval — Municipality’s requirements and limitations — Vesting upon submission of development plan and schedule
10-9a-509. Applicant’s entitlement to land use application approval — Municipality‘s requirements and limitations — Vesting upon submission of development plan and schedule.
(1)
Terms Used In Utah Code 10-9a-509
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(6); and
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
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 body, the local legislative body. See Utah Code 10-9a-103
Land use permit: means a permit issued by a land use authority. See Utah Code 10-9a-103
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Public agency: means :
(a)
the federal government;
(b)
the state;
(c)
a county, municipality, school district, special district, special service district, or other political subdivision of the state; or
the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
(ii)
except as provided in Subsection (65)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 10-9a-103
(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 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)
The continuing validity of an approval of a land use application is conditioned upon the applicant proceeding after approval to implement the approval with reasonable diligence.
(f)
A municipality may not impose on an applicant who has submitted a complete application a requirement that is not expressed in:
(i)
this chapter;
(ii)
a municipal ordinance in effect on the date that the applicant submits a complete application, subject to Subsection 10-9a-509(1)(a)(ii); or
(iii)
a municipal specification for public improvements applicable to a subdivision or development that is in effect on the date that the applicant submits an application.
(g)
A municipality may not impose on a holder of an issued land use permit or a final, unexpired subdivision plat a requirement that is not expressed:
(i)
in a land use permit;
(ii)
on the subdivision plat;
(iii)
in a document on which the land use permit or subdivision plat is based;
(iv)
in the written record evidencing approval of the land use permit or subdivision plat;
(v)
in this chapter;
(vi)
in a municipal ordinance; or
(vii)
in a municipal specification for residential roadways in effect at the time a residential subdivision was approved.
(h)
Except as provided in Subsection (1)(i), a municipality may not withhold issuance of a certificate of occupancy or acceptance of subdivision improvements because of an applicant’s failure to comply with a requirement that is not expressed:
(i)
in the building permit or subdivision plat, documents on which the building permit or subdivision plat is based, or the written record evidencing approval of the land use permit or subdivision plat; or
(ii)
in this chapter or the municipality’s ordinances.
(i)
A municipality may not unreasonably withhold issuance of a certificate of occupancy where an applicant has met all requirements essential for the public health, public safety, and general welfare of the occupants, in accordance with this chapter, unless:
(i)
the applicant and the municipality have agreed in a written document to the withholding of a certificate of occupancy; or
(ii)
the applicant has not provided a financial assurance for required and uncompleted public landscaping improvements or infrastructure improvements in accordance with an applicable ordinance that the legislative body adopts under this chapter.
(2)
A municipality is bound by the terms and standards of applicable land use regulations and shall comply with mandatory provisions of those regulations.
(3)
A municipality may not, as a condition of land use application approval, require a person filing a land use application to obtain documentation regarding a school district’s willingness, 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 as required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the specified public agency vests in the municipality’s applicable land use maps, zoning map, hookup fees, impact fees, other applicable development fees, and land use regulations in effect on the date of submission.
(5)
(a)
If sponsors of a referendum timely challenge a project in accordance with Subsection 20A-7-601(6), the project’s affected owner may rescind the project’s land use approval by delivering a written notice:
(i)
to the local clerk as defined in Section 20A-7-101; and
(ii)
no later than seven days after the day on which a petition for a referendum is determined sufficient under Subsection 20A-7-607(5).
(b)
Upon delivery of a written notice described in Subsection (5)(a) the following are rescinded and are of no further force or effect:
(i)
the relevant land use approval; and
(ii)
any land use regulation enacted specifically in relation to the land use approval.
