§ 10-20-908 — Identical plan review -- Process -- Indexing of plans -- Prohibitions.

Utah § 10-20-908

• Jurisdiction: Utah
• Title 10: Utah Municipal Code
• Ch. 10-20: Municipal Land Use, Development, and Management Act
• Part 10-20-9: Administration of Land Use, Development, and Management Provisions

Text

(1) As used in this section:
(1)(a) "Business day" means Monday, Tuesday, Wednesday, Thursday, or Friday, unless the day falls on a federal, state, or municipal holiday.
(1)(b) "Nonidentical plan" means a plan that does not meet the definition of an identical plan in Section 10-20-102.
(1)(c) "Original plan" means a floor plan that an applicant intends to:
(1)(c)(i) replicate in the future; and
(1)(c)(ii) use as the basis for the submission of an identical plan.
(2) An applicant may submit, and a municipality shall review, an identical plan as described in this section.
(3) At the time of submitting an identical plan for review to a municipality, an applicant shall:
(3)(a) mark the floor plan as "identical plans";
(3)(b) identify in writing:
(3)(b)(i) the building permit number the municipality issued for the original plan:
(3)(b)(i)(A) that was previously approved by the municipality; and
(3)(b)(i)(B) to which the submitted floor plan qualifies as an identical plan; or
(3)(b)(ii) the identifying index number assigned by the municipality to the original plan, as described in Subsection (5)(b); and
(3)(c) identify the site on which the applicant intends to implement the identical plan.
(4) Beginning May 7, 2025, an applicant that intends to submit an identical plan for review to a municipality shall:
(4)(a) indicate, at the time of submitting an original plan to the municipality for review and approval, that the applicant intends to use the original plan as the basis for submitting a future identical plan if the original plan is approved by the municipality; and
(4)(b) identify:
(4)(b)(i) the name or other identifier of the original plan; and
(4)(b)(ii) the zone the building will be located in, if the municipality approves the original plan.
(5) Upon approving an original plan and receiving the information described in Subsection (4), a municipality shall:
(5)(a) file and index the original plan for future reference against an identical plan later submitted under Subsection (2); and
(5)(b) provide the applicant with an identifying index number for the original plan.
(6) A municipality that receives a submission under Subsection (2) shall review and compare the submitted identical plan to the original plan to ensure:
(6)(a) the identical plan and original plan are substantially identical; and
(6)(b) no structural changes have been made from the original plan.
(7) Nothing in this section prohibits a municipality from conducting a site review and requiring geological analysis of the proposed site identified by the applicant under Subsection (3)(c).
(8) A municipality shall:
(8)(a) review a submitted identical plan for compliance with this section; and
(8)(b) approve or reject the identical plan within five business days after the day on which the identical plan was submitted under Subsection (2).
(9) An applicant that submits a nonidentical plan to a municipality as an identical plan, with knowledge that the nonidentical plan does not qualify as an identical plan and with intent to deceive the municipality:
(9)(a) may be fined by the municipality receiving the submission of the nonidentical plan:
(9)(a)(i) in an amount not to exceed three times the building permit fee, if the municipality approved the nonidentical plan as an identical plan before discovering the submission did not qualify as an identical plan; or
(9)(a)(ii) in an amount equal to the building permit fee that would have been issued for the nonidentical plan, if the municipality did not approve the nonidentical plan before discovering the submission did not qualify as an identical plan; and
(9)(b) is prohibited from submitting an identical plan for review and approval under this section for a period of two years from the day on which the municipality discovers the nonidentical plan identified as an identical plan in the applicant's submission did not qualify as an identical plan.
(10) A municipality may impose a criminal penalty, as described in Section 10-3-703, for an applicant that knowingly violates the prohibition described in Subsection (9)(b).

Legislative History

Renumbered and Amended by Chapter 15, 2025 Special Session 1