Authority jurisdictional land: means land within the authority boundary delineated:
(a)
in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
Development: means :
(a)
the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
(b)
the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102
Inland port: means one or more sites that:
(a)
contain multimodal facilities, intermodal facilities, or other facilities that:
(i)
are related but may be separately owned and managed; and
(ii)
together are intended to:
(A)
allow global trade to be processed and altered by value-added services as goods move through the supply chain;
(B)
provide a regional merging point for transportation modes for the distribution of goods to and from ports and other locations in other regions;
(C)
provide cargo-handling services to allow freight consolidation and distribution, temporary storage, customs clearance, and connection between transport modes; and
(D)
provide international logistics and distribution services, including freight forwarding, customs brokerage, integrated logistics, and information systems; and
(b)
may include a satellite customs clearance terminal, an intermodal facility, a customs pre-clearance for international trade, or other facilities that facilitate, encourage, and enhance regional, national, and international trade. See Utah Code 11-58-102
Inland port use: means a use of land:
(a)
for an inland port;
(b)
that directly implements or furthers the purposes of an inland port, as stated in Subsection (9);
(c)
that complements or supports the purposes of an inland port, as stated in Subsection (9); or
(d)
that depends upon the presence of the inland port for the viability of the use. See Utah Code 11-58-102
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
(a)
“Municipal inland port regulations” means a municipality’s land use ordinances and regulations relating to the use of land within the authority jurisdictional land for an inland port use.
(b)
“Vested development right” means a right:
(i)
to use or develop land located within the authority jurisdictional land for an inland port use in accordance with municipal inland port regulations in effect on December 31, 2018; and
(ii)
that may not be affected by later changes to municipal ordinances or regulations.
(c)
“Vested right notice” means a notice that complies with the requirements of Subsection (3).
(2)
An owner of land located within the boundary of the authority jurisdictional land may establish a vested development right on that land by causing a notice to be recorded in the office of the recorder of the county in which the land is located.
(3)
A notice under Subsection (2) shall:
(a)
state that the owner elects to establish a vested development right on the owner’s land to use or develop the land for an inland port use in accordance with municipal inland port regulations in effect on December 31, 2018;
describe the land in a way that complies with applicable requirements for the recording of an instrument affecting land;
(d)
indicate the zoning district in which the land is located, including any overlay district;
(e)
bear the signature of each owner of the land;
(f)
be accompanied by the applicable recording fee; and
(g)
include the following acknowledgment: “I/we acknowledge that: • the land identified in this notice is situated within the authority jurisdictional land of the Utah Inland Port Authority, established under Utah CodeTitle 11, Chapter 58, Utah Inland Port Authority Act, and is eligible for this election of a vested right; • this vested right allows the land described in this notice to be used or developed in the manner allowed by applicable land use regulations in effect on December 31, 2018; • all development activity must comply with those land use regulations; • the right to use and develop the land described in this notice in accordance with those land use regulations continues for 40 years from the date this notice is recorded, unless a land use application is submitted to the applicable land use authority that proposes a use or development activity that is not allowed under the land use regulations in effect on December 31, 2018, or all record owners of the land record a rescission of the election of a vested development right for this land.”.
(4)
(a)
An owner of land against which a vested right notice is recorded has a vested development right with respect to that land for 40 years from the date the vested right notice is recorded, or, if earlier, until the vested development right is rescinded by the recording of a rescission of the election of the vested development right signed by all record owners of the land.
(b)
A vested development right may not be affected by changes to municipal ordinances or regulations that occur after a vested right notice is recorded.
(5)
Within 10 days after the recording of a vested right notice under this section, the owner of the land shall provide a copy of the vested right notice, with recording information, to the applicable local land use authority.
