17-27a-509.5. Review for application completeness — Substantive application review — Reasonable diligence required for determination of whether improvements or warranty work meets standards — Money damages claim prohibited.
(1)
Terms Used In Utah Code 17-27a-509.5
Allegation: something that someone says happened.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
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
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a)
the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b)
those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
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 (70)(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 17-27a-103
Each county shall, in a timely manner, determine whether a land use application is complete for the purposes of subsequent, substantive land use authority review.
(b)
After a reasonable period of time to allow the county diligently to evaluate whether all objective ordinance-based application criteria have been met, if application fees have been paid, the applicant may in writing request that the county provide a written determination either that the application is:
(i)
complete for the purposes of allowing subsequent, substantive land use authority review; or
(ii)
deficient with respect to a specific, objective, ordinance-based application requirement.
(c)
Within 30 days of receipt of an applicant’s request under this section, the county shall either:
(i)
mail a written notice to the applicant advising that the application is deficient with respect to a specified, objective, ordinance-based criterion, and stating that the application must be supplemented by specific additional information identified in the notice; or
(ii)
accept the application as complete for the purposes of further substantive processing by the land use authority.
(d)
If the notice required by Subsection (1)(c)(i) is not timely mailed, the application shall be considered complete, for purposes of further substantive land use authority review.
(e)
(i)
The applicant may raise and resolve in a single appeal any determination made under this Subsection (1) to the appeal authority, including an allegation that a reasonable period of time has elapsed under Subsection (1)(a).
(ii)
The appeal authority shall issue a written decision for any appeal requested under this Subsection (1)(e).
(f)
(i)
The applicant may appeal to district court the decision of the appeal authority made under Subsection (1)(e).
(ii)
Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of the written decision.
(2)
(a)
Each land use authority shall substantively review a complete application and an application considered complete under Subsection (1)(d), and shall approve or deny each application with reasonable diligence.
(b)
After a reasonable period of time to allow the land use authority to consider an application, the applicant may in writing request that the land use authority take final action within 45 days from date of service of the written request.
(c)
Within 45 days from the date of service of the written request described in Subsection (2)(b):
(i)
except as provided in Subsection (2)(c)(ii), the land use authority shall take final action, approving or denying the application; and
(ii)
if a landowner petitions for a land use regulation, a legislative body shall take final action by approving or denying the petition.
(d)
If the land use authority denies an application processed under the mandates of Subsection (2)(b), or if the applicant has requested a written decision in the application, the land use authority shall include its reasons for denial in writing, on the record, which may include the official minutes of the meeting in which the decision was rendered.
(e)
If the land use authority fails to comply with Subsection (2)(c), the applicant may appeal this failure to district court within 30 days of the date on which the land use authority should have taken final action under Subsection (2)(c).
(3)
(a)
With reasonable diligence, each land use authority shall determine whether the installation of required subdivision improvements or the performance of warranty work meets the county’s adopted standards.
(b)
(i)
An applicant may in writing request the land use authority to accept or reject the applicant’s installation of required subdivision improvements or performance of warranty work.
(ii)
The land use authority shall accept or reject subdivision improvements within 15 days after receiving an applicant’s written request under Subsection (3)(b)(i), or as soon as practicable after that 15-day period if inspection of the subdivision improvements is impeded by winter weather conditions.
(iii)
The land use authority shall accept or reject the performance of warranty work within 45 days after receiving an applicant’s written request under Subsection (3)(b)(i), or as soon as practicable after that 45-day period if inspection of the warranty work is impeded by winter weather conditions.
(c)
If a land use authority determines that the installation of required subdivision improvements or the performance of warranty work does not meet the county’s adopted standards, the land use authority shall comprehensively and with specificity list the reasons for the land use authority’s determination.
(4)
Subject to Section 17-27a-508, nothing in this section and no action or inaction of the land use authority relieves an applicant’s duty to comply with all applicable substantive ordinances and regulations.
(5)
There shall be no money damages remedy arising from a claim under this section.
