State Codes and Statutes
Statutes > Utah > Title-17 > Chapter-27a > 17-27a-509-517-27a-509.5. Review for application completeness -- Substantive applicationreview -- Reasonable diligence required for determination of whether improvements orwarranty work meets standards -- Money damages claim prohibited.
(1) (a) Each county shall, in a timely manner, determine whether an application iscomplete for the purposes of subsequent, substantive land use authority review.
(b) After a reasonable period of time to allow the county diligently to evaluate whetherall objective ordinance-based application criteria have been met, if application fees have beenpaid, the applicant may in writing request that the county provide a written determination eitherthat the application is:
(i) complete for the purposes of allowing subsequent, substantive land use authorityreview; or
(ii) deficient with respect to a specific, objective, ordinance-based applicationrequirement.
(c) Within 30 days of receipt of an applicant's request under this section, the county shalleither:
(i) mail a written notice to the applicant advising that the application is deficient withrespect to a specified, objective, ordinance-based criterion, and stating that the application mustbe supplemented by specific additional information identified in the notice; or
(ii) accept the application as complete for the purposes of further substantive processingby the land use authority.
(d) If the notice required by Subsection (1)(c)(i) is not timely mailed, the applicationshall 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 madeunder this Subsection (1) to the appeal authority, including an allegation that a reasonable periodof time has elapsed under Subsection (1)(a).
(ii) The appeal authority shall issue a written decision for any appeal requested under thisSubsection (1)(e).
(f) (i) The applicant may appeal to district court the decision of the appeal authority madeunder Subsection (1)(e).
(ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of thewritten decision.
(2) (a) Each land use authority shall substantively review a complete application and anapplication considered complete under Subsection (1)(d), and shall approve or deny eachapplication with reasonable diligence.
(b) After a reasonable period of time to allow the land use authority to consider anapplication, the applicant may in writing request that the land use authority take final actionwithin 45 days from date of service of the written request.
(c) The land use authority shall take final action, approving or denying the applicationwithin 45 days of the written request.
(d) If the land use authority denies an application processed under the mandates ofSubsection (2)(b), or if the applicant has requested a written decision in the application, the landuse authority shall include its reasons for denial in writing, on the record, which may include theofficial 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 mayappeal 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 theinstallation of required subdivision improvements or the performance of warranty work meets thecounty's adopted standards.
(b) (i) An applicant may in writing request the land use authority to accept or reject theapplicant's installation of required subdivision improvements or performance of warranty work.
(ii) The land use authority shall accept or reject subdivision improvements within 15days after receiving an applicant's written request under Subsection (3)(b)(i), or as soon aspracticable after that 15-day period if inspection of the subdivision improvements is impeded bywinter weather conditions.
(iii) The land use authority shall accept or reject the performance of warranty workwithin 45 days after receiving an applicant's written request under Subsection (3)(b)(i), or as soonas practicable after that 45-day period if inspection of the warranty work is impeded by winterweather conditions.
(c) If a land use authority determines that the installation of required subdivisionimprovements or the performance of warranty work does not meet the county's adoptedstandards, the land use authority shall comprehensively and with specificity list the reasons for itsdetermination.
(4) Subject to Section 17-27a-508, nothing in this section and no action or inaction of theland use authority relieves an applicant's duty to comply with all applicable substantiveordinances and regulations.
(5) There shall be no money damages remedy arising from a claim under this section.
Amended by Chapter 112, 2008 General Session
