17-27a-102. Purposes — General land use authority — Limitations.
(1)
Terms Used In Utah Code 17-27a-102
Contract: A legal written agreement that becomes binding when signed.
Development agreement: means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 17-27a-103
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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 17-27a-103
Mountainous planning district: means an area designated by a county legislative body in accordance with Section 17-27a-901. See Utah Code 17-27a-103
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
(a)
The purposes of this chapter are to:
(i)
provide for the health, safety, and welfare;
(ii)
promote the prosperity;
(iii)
improve the morals, peace, good order, comfort, convenience, and aesthetics of each county and each county’s present and future inhabitants and businesses;
(iv)
protect the tax base;
(v)
secure economy in governmental expenditures;
(vi)
foster the state‘s agricultural and other industries;
(vii)
protect both urban and nonurban development;
(viii)
protect and ensure access to sunlight for solar energy devices;
(ix)
provide fundamental fairness in land use regulation;
(x)
facilitate orderly growth and allow growth in a variety of housing types; and
(xi)
protect property values.
(b)
Subject to Subsection (4) and Section 11-41-103, to accomplish the purposes of this chapter, a county may enact all ordinances, resolutions, and rules and may enter into other forms of land use controls and development agreements that the county considers necessary or appropriate for the use and development of land within the unincorporated area of the county or a designated mountainous planning district, including ordinances, resolutions, rules, restrictive covenants, easements, and development agreements governing:
(i)
uses;
(ii)
density;
(iii)
open spaces;
(iv)
structures;
(v)
buildings;
(vi)
energy-efficiency;
(vii)
light and air;
(viii)
air quality;
(ix)
transportation and public or alternative transportation;
(x)
infrastructure;
(xi)
street and building orientation and width requirements;
(xii)
public facilities;
(xiii)
fundamental fairness in land use regulation; and
(xiv)
considerations of surrounding land uses to balance the foregoing purposes with a landowner’s private property interests and associated statutory and constitutional protections.
(2)
Each county shall comply with the mandatory provisions of this part before any agreement or contract to provide goods, services, or municipal-type services to any storage facility or transfer facility for high-level nuclear waste, or greater than class C radioactive waste, may be executed or implemented.
(3)
(a)
Any ordinance, resolution, or rule enacted by a county pursuant to its authority under this chapter shall comply with the state’s exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5.
(b)
A county may enact an ordinance, resolution, or rule that regulates surface activity incident to an oil and gas activity if the county demonstrates that the regulation:
(i)
is necessary for the purposes of this chapter;
(ii)
does not effectively or unduly limit, ban, or prohibit an oil and gas activity; and
(iii)
does not interfere with the state’s exclusive jurisdiction to regulate oil and gas activity, as described in Section 40-6-2.5.
(4)
(a)
This Subsection (4) applies to development agreements entered into on or after May 5, 2021.
(b)
A provision in a county development agreement is unenforceable if the provision requires an individual or an entity, as a condition for issuing building permits or otherwise regulating development activities within an unincorporated area of the county, to initiate a process for a municipality to annex the unincorporated area in accordance with 4.
(c)
Subsection (4)(b) does not affect or impair the enforceability of any other provision in the development agreement.
