§ 17-79-805 — 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) (1)(a) 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.
(1)(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:
(1)(b)(i) complete for the purposes of allowing subsequent, substantive land use authority review; or
(1)(b)(ii) deficient with respect to a specific, objective, ordinance-based application requirement.
(1)(c) Within 30 days of receipt of an applicant's request under this section, the county shall either:
(1)(c)(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
(1)(c)(ii) accept the application as complete for the purposes of further substantive processing by the land use authority.
(1)(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.
(1)(e) (1)(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).
(1)(e)(ii) The appeal authority shall issue a written decision for any appeal requested under this Subsection (1)(e).
(1)(f) (1)(f)(i) The applicant may appeal to district court the decision of the appeal authority made under Subsection (1)(e).
(1)(f)(ii) Each appeal under Subsection (1)(f)(i) shall be made within 30 days of the date of the written decision.
(2) (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.
(2)(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.
(2)(c) Within 45 days from the date of service of the written request described in Subsection (2)(b):
(2)(c)(i) except as provided in Subsection (2)(c)(ii), the land use authority shall take final action, approving or denying the application; and
(2)(c)(ii) if a landowner petitions for a land use regulation, a legislative body shall take final action by approving or denying the petition.
(2)(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.
(2)(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) (3)(a) As used in this Subsection (3), an "infrastructure improvement category" includes a:
(3)(a)(i) culinary water system;
(3)(a)(ii) sanitary sewer system;
(3)(a)(iii) storm water system;
(3)(a)(iv) transportation system;
(3)(a)(v) secondary and irrigation water system;
(3)(a)(vi) public landscaping; or
(3)(a)(vii) public parks, trails, or open space.
(3)(b) 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.
(3)(c) (3)(c)(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.
(3)(c)(ii) The land use authority shall accept or reject subdivision improvements within 15 days after receiving an applicant's written request under Subsection (3)(c)(i), or as soon as practicable after that 15-day period if inspection of the subdivision improvements is impeded by winter weather conditions.
(3)(c)(iii) Except as provided in Subsection (3)(c)(iv), (3)(d), or (3)(e), the land use authority shall accept or reject the performance of warranty work within:
(3)(c)(iii)(A) for a county of the first, second, or third class, 15 days after the day on which the land use authority receives an applicant's written request under Subsection (3)(c)(i); and
(3)(c)(iii)(B) for a county of the fourth, fifth, or sixth class, 30 days after the day on which the land use authority receives an applicant's written request under Subsection (3)(c)(i).
(3)(c)(iv) If winter weather conditions do not reasonably permit a full and complete inspection of warranty work within the time periods described in Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) so the land use authority is able to accept or reject the warranty work, the land use authority shall:
(3)(c)(iv)(A) notify the applicant in writing before the end of the applicable time period described in Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) that, because of winter weather conditions, the land use authority will require additional time to accept or reject the performance of warranty work; and
(3)(c)(iv)(B) complete the inspection of the performance of warranty work and provide the applicant with an acceptance or rejection as soon as practicable.
(3)(d) If a land use authority rejects an applicant's performance of warranty work three times, the county may take 15 days in addition to the relevant time period described in Subsection (3)(c)(iii) for subsequent inspections of the applicant's warranty work.
(3)(e) (3)(e)(i) If extraordinary circumstances do not permit a land use authority to complete inspection of warranty work within the relevant time period described in Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) so the land use authority is able to accept or reject the warranty work, the land use authority shall:
(3)(e)(i)(A) notify the applicant in writing before the end of the applicable time period described in Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) that, because of the extraordinary circumstances, the land use authority will require additional time to accept or reject the performance of warranty work; and
(3)(e)(i)(B) complete the inspection of the performance of warranty work and provide the applicant with an acceptance or rejection within 30 days after the day on which the relevant time period described in Subsection (3)(c)(iii)(A) or (3)(c)(iii)(B) ends.
(3)(e)(ii) The following situations constitute extraordinary circumstances for purposes of Subsection (3)(e)(i):
(3)(e)(ii)(A) the land use authority is processing a request for inspection that substantially exceeds the normal scope of inspection the county is customarily required to perform;
(3)(e)(ii)(B) the applicant has provided two or more written requests described in Subsection (3)(c)(i) within the same 30-day time period; or
(3)(e)(ii)(C) the land use authority is processing an unusually large number of written requests described in Subsection (3)(c)(i) to accept or reject subdivision improvements or performance of warranty work.
(3)(f) (3)(f)(i) 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, within 15 days of the day on which the land use authority makes the determination, comprehensively and with specificity list the reasons for the land use authority's determination.
(3)(f)(ii) If the land use authority fails to provide an applicant with the list described in Subsection (3)(f)(i) within the required time period:
(3)(f)(ii)(A) the applicant may send written notice to the land use authority requesting the list within five days; and
(3)(f)(ii)(B) if the applicant does not receive the list within five days from the day on which the applicant provides the land use authority with written notice as described in Subsection (3)(f)(ii)(A), the applicant may demand, and the land use authority shall provide, a reimbursement equal to 20% of the applicant's improvement completion assurance or security for the warranty work within each infrastructure improvement category.
(3)(g) Subject to the provisions of Section 17-79-707:
(3)(g)(i) within 15 days of the day on which the land use authority determines that an infrastructure improvement within a certain infrastructure improvement category, as described in Subsection (3)(a), meets the county's adopted standards for that category of infrastructure improvement and an applicant submits complete as-built drawings to the land use authority, whichever occurs later, the land use authority shall return to the applicant 90% of the applicant's improvement completion assurance allocated toward that infrastructure improvement category; and
(3)(g)(ii) within 15 days of the day on which the warranty period expires and the land use authority determines that an infrastructure improvement within a certain infrastructure improvement category, as described in Subsection (3)(a), meets the county's adopted standards for that category of infrastructure improvement, the land use authority shall return to the applicant the remaining 10% of the applicant's improvement completion assurance allocated toward that infrastructure improvement category, plus any remaining portion of a bond described in Subsection 17-79-707(5)(b).
(3)(h) The following acts under this Subsection (3) are administrative acts:
(3)(h)(i) a county's return of an applicant's improvement completion assurance, or any portion of an improvement completion assurance, within a category of infrastructure improvements, to the applicant; and
(3)(h)(ii) a county's return of an applicant's security for an improvement warranty, or any portion of security for an improvement warranty, within a category of infrastructure improvements, to the applicant.
(4) Subject to Section 17-79-803, 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.

Legislative History

Renumbered and Amended by Chapter 14, 2025 Special Session 1