10-9a-903. Rights of a critical infrastructure materials operator with a vested critical infrastructure materials operations. Notwithstanding a political subdivision‘s prohibition, restriction, or other limitation on a critical infrastructure materials operations adopted after the establishment of the critical infrastructure materials operations, the rights of a critical infrastructure materials operator with vested critical infrastructure materials operations include the right to:
(1)
use, operate, construct, reconstruct, restore, maintain, repair, alter, substitute, modernize, upgrade, and replace equipment, processes, facilities, and buildings; and
Terms Used In Utah Code 10-9a-903
Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 10-9a-901
Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 10-9a-901
Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
(a)
owns, controls, or manages a critical infrastructure materials operations; and
(b)
has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 10-9a-901
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
Vested critical infrastructure materials operations: means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the municipality that existed or was conducted or otherwise engaged in before:
(a)
a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and
discontinue, suspend, terminate, deactivate, or continue and reactivate, temporarily or permanently, all or any part of the critical infrastructure materials operations.
