Signed by Governor Spencer Cox

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that amends land use rules in Utah.

Highlights:

• Amends the definition of rural real property to mean a group of contiguous tax parcels, or a single tax parcel that (Sec. 1):

• Are under common ownership;

• Is no less than 1,000 total acres;

• Zoned for manufacturing or agricultural purposes;

• Does not have a residential unit density greater than one unit per acre.

• Prohibits a contiguous, unincorporated area that is contiguous to a municipality to be annexed to the municipality when an unincorporated island or peninsula existed before the annexation, and if the annexation would reduce the size of the unincorporated island or peninsula (Sec. 2).

• Requires that if a legislative body or governing board of an affected entity files a timely protest to the annexation petition, the boundary commission must consider the preferences to the extent made know during th boundary commission’s proceedings of the person who submitted the petition, and any property owner who has filed a timely protest (Sec. 7).

• Defines residential roadway to mean a public local residential road that (Sec. 8):

• Will primarily serve to provide access to adjacent primarily residential areas and property;

• Is designated to accommodate minimal traffic volumes;

• Is not identified as a supplementary to a collector or other higher system classified street in an approved municipal master plan;

• Has a speed limit of 25 miles per hour or less;

• Does not have higher volumes of traffic as a result form connecting previously separated areas of the municipal road network;

• Cannot have primary access, can have secondary access, and does not abut lots intended for high volume traffic of community centers;

• Primarily serves traffic within a neighborhood or limited residential area and is not continuous though several residential areas.

• Specifies that subdivision amendment does not include a lot line adjustment between a single lot and an adjoining lot or parcel that alters the outside boundary of the subdivision (Sec. 8).

• Amends the period of limited effect for the ordinance, required for the municipal legislative body to establish, from 6 months to 180 days (Sec. 9).

• Prohibits a municipal legislative body from applying the provisions of a temporary land use regulation to the review of specific land use application if the land use application is impaired or prohibited by proceedings (Sec. 9).

• Prohibits a municipality from requiring the installation of pavement on a residential roadway at a width in excess of 32 feet as part of an infrastructure improvement (Sec. 10).

• Exempts the pavement installation prohibition if it is in a vehicle turnaround area, cul-de-sac, needed for stormwater routing, or other reasons related to traffic and land use (Sec. 10).

• Prohibits a development agreement from allowing a use or development of land that applicable land use regulations governing the area subject to the development agreement would otherwise prohibit (Sec. 11).

• Requires that if a development agreement restricts an applicant’s rights under clearly established state law, the municipality discloses in writing to the application, their rights the agreement restricts (Sec. 11).

• Defines public landscaping improvement to mean landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements (Sec. 14).

Full Bill Text