(1)  As used in this section, “develop” or “development” means:

Terms Used In Utah Code 10-9a-522

(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 body, the local legislative body. See Utah Code 10-9a-103
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Parcel: means any real property that is not a lot. 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
  • Subdivision: includes :
    (i) 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
    (a)  the construction, alteration, or improvement of land, including any related moving, demolition, or excavation outside of a refinery property boundary;

    (b)  the subdivision of land for a non-industrial use; or

    (c)  the construction of a non-industrial structure on a parcel that is not subject to the subdivision process.
  • (2)  Before a legislative body may adopt a non-industrial zoning change to permit development within 500 feet of a refinery boundary, the legislative body shall consult with the refinery to determine whether the proposed change is compatible with the refinery.

    (3)  Before a land use authority may approve an application to develop within 500 feet of a refinery boundary, the land use authority shall consult with the refinery to determine whether the development is compatible with the refinery.

    (4)  A legislative body described in Subsection (2), or a land use authority described in Subsection (3), may not request from the refinery:

    (a)  proprietary information;

    (b)  information, if made public, that would create a security or safety risk to the refinery or the public;

    (c)  information that is restricted from public disclosure under federal or state law; or

    (d)  information that is available in public record.

    (5) 

    (a)  This section does not grant authority to a legislative body described in Subsection (2), or a land use authority described in Subsection (3), to require a refinery to undertake or cease an action.

    (b)  This section does not create a cause of action against a refinery.

    (c)  Except as expressly provided in this section, this section does not alter or remove any legal right or obligation of a refinery.

    Enacted by Chapter 306, 2010 General Session