United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-911

Exactions -- Requirement to offer to original owner property acquired by exaction -- Exaction for right-of-way improvements -- Improvement completion assurance requirements. A municipality may imp…

Source excerpt

appealsappeals processdecision finalitydevelopmentdevelopment approvalsdevelopment exactionsdistrict court filingexactionsexpert panelfiling feesfire codeinfrastructure improvementland useland use applicationsmunicipal infrastructuremunicipal regulationpanel compositionpavement widthpetition for reviewprofessional designationproperty reconveyanceproperty salereconveyanceroadway designroadway improvementsstormwatersurplus real propertytraffic flowtraffic managementutilitiesutility installationwater interests

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Exactions -- Requirement to offer to original owner property acquired by exaction -- Exaction for right-of-way improvements -- Improvement completion assurance requirements. A municipality may impose an exaction or exactions on development”

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Exactions -- Requirement to offer to original owner property acquired by exaction -- Exaction for right-of-way improvements -- Improvement completion assurance requirements.

Section 10-20-911

Subsection 10-20-911(3)(c)

If a person to whom a municipality offers to reconvey property declines the offer, the municipality may offer the property for sale.

Section 10-20-911(3)(c)

Subsection 10-20-911(4)(b)(vi)

as needed for the installation or location of a utility which is maintained by the municipality and is considered a transmission line or requires additional roadway width;

Section 10-20-911(4)(b)(vi)

Subsection 10-20-911(4)(d)(ii)

A land use applicant who has appealed a municipal residential roadway pavement width specification over 32 feet may ask the municipality to assemble a panel of qualified experts as the appeal authority for the technical issues.

Section 10-20-911(4)(d)(ii)

Subsection 10-20-911(4)(d)(vii)

A land use applicant or the municipality may file a petition for review in district court within 30 days after the decision becomes final.

Section 10-20-911(4)(d)(vii)

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Showing 41 of 41 provisions

Provision 41

Part 10-20-9

part 10-20-9 Administration of Land Use, Development, and Management Provisions

§ 10-20-911Exactions -- Requirement to offer to original owner property acquired by exaction -- Exaction for right-of-way improvements -- Improvement completion assurance requirements.Provision

Source excerpt

Exactions -- Requirement to offer to original owner property acquired by exaction -- Exaction for right-of-way improvements -- Improvement completion assurance requirements. A municipality may impose an exaction or exactions on development proposed in a land use application, including, subject to Section 10-20-912 , an exaction for a water interest, if: an essential link exists between a legitimate governmental interest and each exaction; and each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development. If a land use authority imposes an exaction for another governmental entity: the governmental entity shall request the exaction; and the land use authority shall transfer the exaction to the governmental entity for which it was exacted. If a municipality plans to dispose of surplus real property that was acquired under this section and has been owned by the municipality for less than 15 years, the municipality shall first offer to reconvey the property, without receiving additional consideration, to the person who granted the property to the municipality. A person to whom a municipality offers to reconvey property under Subsection (3)(a) has 90 days to accept or reject the municipality's offer. If a person to whom a municipality offers to reconvey property declines the offer, the municipality may offer the property for sale. Subsection (3)(a) does not apply to the disposal of property acquired by exaction by a community reinvestment agency. A municipality may not, as part of an infrastructure improvement, require the installation of pavement on a residential roadway at a width in excess of 32 feet. Subsection (4)(a) does not apply if a municipality requires the installation of pavement in excess of 32 feet: in a vehicle turnaround area; in a cul-de-sac; to address specific traffic flow constraints at an intersection, mid-block crossings, or other areas; to address an applicable general or master plan improvement, including transportation, bicycle lanes, trails, or other similar improvements that are not included within an impact fee area; to address traffic flow constraints for service to or abutting higher density developments or uses that generate higher traffic volumes, including community centers, schools, and other similar uses; as needed for the installation or location of a utility which is maintained by the municipality and is considered a transmission line or requires additional roadway width; for third-party utility lines that have an easement preventing the installation of utilities maintained by the municipality within the roadway; for utilities over 12 feet in depth; for roadways with a design speed that exceeds 25 miles per hour; as needed for flood and stormwater routing; as needed to meet fire code requirements for parking and hydrants; or as needed to accommodate street parking. Nothing in this section shall be construed to prevent a municipality from approving a road cross section with a pavement width less than 32 feet. A land use applicant may appeal a municipal requirement for pavement in excess of 32 feet on a residential roadway. A land use applicant that has appealed a municipal specification for a residential roadway pavement width in excess of 32 feet may request that the municipality assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal. Unless otherwise agreed by the applicant and the municipality, the panel described in Subsection (4)(d)(ii) shall consist of the following three experts: one licensed engineer, designated by the municipality; one licensed engineer, designated by the land use applicant; and one licensed engineer, agreed upon and designated by the two designated engineers under Subsections (4)(d)(iii)(A) and (B) . A member of the panel assembled by the municipality under Subsection (4)(d)(ii) may not have an interest in the application that is the subject of the appeal. The land use applicant shall pay: 50% of the cost of the panel; and the municipality's published appeal fee. The decision of the panel is a final decision, subject to a petition for review under Subsection (4)(d)(vii). In accordance with Section 10-20-1109 , a land use applicant or the municipality may file a petition for review of the decision with the district court within 30 days after the date that the decision is final.

Section 10-20-911Verify source

§ 10-20-911(1)Subsection 10-20-911(1)Provision

Source excerpt

A municipality may impose development exactions in a land use application if there is an essential link to a legitimate governmental interest and each exaction is roughly proportionate to the development’s impact.

A municipality may impose an exaction or exactions on development proposed in a land use application, including, subject to Section 10-20-912 , an exaction for a water interest, if: an essential link exists between a legitimate governmental interest and each exaction; and each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.

Section 10-20-911(1)Verify source

§ 10-20-911(1)(a)Subsection 10-20-911(1)(a)Provision

Source excerpt

an essential link exists between a legitimate governmental interest and each exaction; and

Section 10-20-911(1)(a)Verify source

§ 10-20-911(1)(b)Subsection 10-20-911(1)(b)Provision

Source excerpt

each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.

Section 10-20-911(1)(b)Verify source

§ 10-20-911(2)Subsection 10-20-911(2)Provision

Source excerpt

If a land use authority imposes an exaction for another governmental entity: the governmental entity shall request the exaction; and the land use authority shall transfer the exaction to the governmental entity for which it was exacted.

Section 10-20-911(2)Verify source

§ 10-20-911(2)(a)Subsection 10-20-911(2)(a)Provision

Source excerpt

The governmental entity must request the exaction.

the governmental entity shall request the exaction; and

Section 10-20-911(2)(a)Verify source

§ 10-20-911(2)(b)Subsection 10-20-911(2)(b)Provision

Source excerpt

The land use authority must transfer the exaction to the governmental entity for which it was exacted.

the land use authority shall transfer the exaction to the governmental entity for which it was exacted.

Section 10-20-911(2)(b)Verify source

§ 10-20-911(3)Subsection 10-20-911(3)Provision

Source excerpt

If a municipality wants to sell surplus real property it acquired under this section and has owned for less than 15 years, it must first offer to reconvey it to the original grantor without extra consideration. The offer recipient has 90 days to accept or reject. If the offer is declined, the municipality may sell the property. This rule does not apply to property acquired by exaction by a community reinvestment agency.

If a municipality plans to dispose of surplus real property that was acquired under this section and has been owned by the municipality for less than 15 years, the municipality shall first offer to reconvey the property, without receiving additional consideration, to the person who granted the property to the municipality. A person to whom a municipality offers to reconvey property under Subsection (3)(a) has 90 days to accept or reject the municipality's offer. If a person to whom a municipality offers to reconvey property declines the offer, the municipality may offer the property for sale. Subsection (3)(a) does not apply to the disposal of property acquired by exaction by a community reinvestment agency.

Section 10-20-911(3)Verify source

§ 10-20-911(3)(a)Subsection 10-20-911(3)(a)Provision

Source excerpt

If a municipality wants to dispose of certain surplus real property, it must first offer to reconvey it to the original grantor if the municipality has owned it for less than 15 years.

Section 10-20-911(3)(a)Verify source

§ 10-20-911(3)(b)Subsection 10-20-911(3)(b)Provision

Source excerpt

A person offered reconveyance of property by a municipality has 90 days to accept or reject the offer.

A person to whom a municipality offers to reconvey property under Subsection (3)(a) has 90 days to accept or reject the municipality's offer.

Section 10-20-911(3)(b)Verify source

§ 10-20-911(3)(c)Subsection 10-20-911(3)(c)Provision

Source excerpt

If a person to whom a municipality offers to reconvey property declines the offer, the municipality may offer the property for sale.

Section 10-20-911(3)(c)Verify source

§ 10-20-911(3)(d)Subsection 10-20-911(3)(d)Provision

Source excerpt

Subsection (3)(a) does not apply to disposal of property acquired by exaction by a community reinvestment agency.

Subsection (3)(a) does not apply to the disposal of property acquired by exaction by a community reinvestment agency.

Section 10-20-911(3)(d)Verify source

§ 10-20-911(4)Subsection 10-20-911(4)Provision

Source excerpt

A municipality may not, as part of an infrastructure improvement, require the installation of pavement on a residential roadway at a width in excess of 32 feet. Subsection (4)(a) does not apply if a municipality requires the installation of pavement in excess of 32 feet: in a vehicle turnaround area; in a cul-de-sac; to address specific traffic flow constraints at an intersection, mid-block crossings, or other areas; to address an applicable general or master plan improvement, including transportation, bicycle lanes, trails, or other similar improvements that are not included within an impact fee area; to address traffic flow constraints for service to or abutting higher density developments or uses that generate higher traffic volumes, including community centers, schools, and other similar uses; as needed for the installation or location of a utility which is maintained by the municipality and is considered a transmission line or requires additional roadway width; for third-party utility lines that have an easement preventing the installation of utilities maintained by the municipality within the roadway; for utilities over 12 feet in depth; for roadways with a design speed that exceeds 25 miles per hour; as needed for flood and stormwater routing; as needed to meet fire code requirements for parking and hydrants; or as needed to accommodate street parking. Nothing in this section shall be construed to prevent a municipality from approving a road cross section with a pavement width less than 32 feet. A land use applicant may appeal a municipal requirement for pavement in excess of 32 feet on a residential roadway. A land use applicant that has appealed a municipal specification for a residential roadway pavement width in excess of 32 feet may request that the municipality assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal. Unless otherwise agreed by the applicant and the municipality, the panel described in Subsection (4)(d)(ii) shall consist of the following three experts: one licensed engineer, designated by the municipality; one licensed engineer, designated by the land use applicant; and one licensed engineer, agreed upon and designated by the two designated engineers under Subsections (4)(d)(iii)(A) and (B) . A member of the panel assembled by the municipality under Subsection (4)(d)(ii) may not have an interest in the application that is the subject of the appeal. The land use applicant shall pay: 50% of the cost of the panel; and the municipality's published appeal fee. The decision of the panel is a final decision, subject to a petition for review under Subsection (4)(d)(vii). In accordance with Section 10-20-1109 , a land use applicant or the municipality may file a petition for review of the decision with the district court within 30 days after the date that the decision is final.

Section 10-20-911(4)Verify source

§ 10-20-911(4)(a)Subsection 10-20-911(4)(a)Provision

Source excerpt

A municipality may not require pavement on a residential roadway to be installed wider than 32 feet when it is part of an infrastructure improvement.

A municipality may not, as part of an infrastructure improvement, require the installation of pavement on a residential roadway at a width in excess of 32 feet.

Section 10-20-911(4)(a)Verify source

§ 10-20-911(4)(b)Subsection 10-20-911(4)(b)Provision

Source excerpt

A municipality may require pavement wider than 32 feet only in the listed situations.

Subsection (4)(a) does not apply if a municipality requires the installation of pavement in excess of 32 feet: in a vehicle turnaround area; in a cul-de-sac; to address specific traffic flow constraints at an intersection, mid-block crossings, or other areas; to address an applicable general or master plan improvement, including transportation, bicycle lanes, trails, or other similar improvements that are not included within an impact fee area; to address traffic flow constraints for service to or abutting higher density developments or uses that generate higher traffic volumes, including community centers, schools, and other similar uses; as needed for the installation or location of a utility which is maintained by the municipality and is considered a transmission line or requires additional roadway width; for third-party utility lines that have an easement preventing the installation of utilities maintained by the municipality within the roadway; for utilities over 12 feet in depth; for roadways with a design speed that exceeds 25 miles per hour; as needed for flood and stormwater routing; as needed to meet fire code requirements for parking and hydrants; or as needed to accommodate street parking.

Section 10-20-911(4)(b)Verify source

§ 10-20-911(4)(b)(i)Subsection 10-20-911(4)(b)(i)Provision

Source excerpt

in a vehicle turnaround area;

Section 10-20-911(4)(b)(i)Verify source

§ 10-20-911(4)(b)(ii)Subsection 10-20-911(4)(b)(ii)Provision

Source excerpt

in a cul-de-sac;

Section 10-20-911(4)(b)(ii)Verify source

§ 10-20-911(4)(b)(iii)Subsection 10-20-911(4)(b)(iii)Provision

Source excerpt

to address specific traffic flow constraints at an intersection, mid-block crossings, or other areas;

Section 10-20-911(4)(b)(iii)Verify source

§ 10-20-911(4)(b)(iv)Subsection 10-20-911(4)(b)(iv)Provision

Source excerpt

to address an applicable general or master plan improvement, including transportation, bicycle lanes, trails, or other similar improvements that are not included within an impact fee area;

Section 10-20-911(4)(b)(iv)Verify source

§ 10-20-911(4)(b)(v)Subsection 10-20-911(4)(b)(v)Provision

Source excerpt

to address traffic flow constraints for service to or abutting higher density developments or uses that generate higher traffic volumes, including community centers, schools, and other similar uses;

Section 10-20-911(4)(b)(v)Verify source

§ 10-20-911(4)(b)(vi)Subsection 10-20-911(4)(b)(vi)Provision

Source excerpt

as needed for the installation or location of a utility which is maintained by the municipality and is considered a transmission line or requires additional roadway width;

Section 10-20-911(4)(b)(vi)Verify source

§ 10-20-911(4)(b)(vii)Subsection 10-20-911(4)(b)(vii)Provision

Source excerpt

for third-party utility lines that have an easement preventing the installation of utilities maintained by the municipality within the roadway;

Section 10-20-911(4)(b)(vii)Verify source

§ 10-20-911(4)(b)(viii)Subsection 10-20-911(4)(b)(viii)Provision

Source excerpt

Applies to utilities over 12 feet in depth.

for utilities over 12 feet in depth;

Section 10-20-911(4)(b)(viii)Verify source

§ 10-20-911(4)(b)(ix)Subsection 10-20-911(4)(b)(ix)Provision

Source excerpt

Applies to roadways with a design speed over 25 miles per hour.

for roadways with a design speed that exceeds 25 miles per hour;

Section 10-20-911(4)(b)(ix)Verify source

§ 10-20-911(4)(b)(x)Subsection 10-20-911(4)(b)(x)Provision

Source excerpt

as needed for flood and stormwater routing;

Section 10-20-911(4)(b)(x)Verify source

§ 10-20-911(4)(b)(xi)Subsection 10-20-911(4)(b)(xi)Provision

Source excerpt

as needed to meet fire code requirements for parking and hydrants; or

Section 10-20-911(4)(b)(xi)Verify source

§ 10-20-911(4)(b)(xii)Subsection 10-20-911(4)(b)(xii)Provision

Source excerpt

as needed to accommodate street parking.

Section 10-20-911(4)(b)(xii)Verify source

§ 10-20-911(4)(c)Subsection 10-20-911(4)(c)Provision

Source excerpt

A municipality is not prevented from approving a road cross section with pavement width under 32 feet.

Nothing in this section shall be construed to prevent a municipality from approving a road cross section with a pavement width less than 32 feet.

Section 10-20-911(4)(c)Verify source

§ 10-20-911(4)(d)Subsection 10-20-911(4)(d)Provision

Source excerpt

A land use applicant may appeal a municipal pavement requirement over 32 feet on a residential roadway.

A land use applicant may appeal a municipal requirement for pavement in excess of 32 feet on a residential roadway. A land use applicant that has appealed a municipal specification for a residential roadway pavement width in excess of 32 feet may request that the municipality assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal. Unless otherwise agreed by the applicant and the municipality, the panel described in Subsection (4)(d)(ii) shall consist of the following three experts: one licensed engineer, designated by the municipality; one licensed engineer, designated by the land use applicant; and one licensed engineer, agreed upon and designated by the two designated engineers under Subsections (4)(d)(iii)(A) and (B) . A member of the panel assembled by the municipality under Subsection (4)(d)(ii) may not have an interest in the application that is the subject of the appeal. The land use applicant shall pay: 50% of the cost of the panel; and the municipality's published appeal fee. The decision of the panel is a final decision, subject to a petition for review under Subsection (4)(d)(vii). In accordance with Section 10-20-1109 , a land use applicant or the municipality may file a petition for review of the decision with the district court within 30 days after the date that the decision is final.

Section 10-20-911(4)(d)Verify source

§ 10-20-911(4)(d)(i)Subsection 10-20-911(4)(d)(i)Provision

Source excerpt

A land use applicant may appeal a municipal requirement for pavement over 32 feet on a residential roadway.

A land use applicant may appeal a municipal requirement for pavement in excess of 32 feet on a residential roadway.

Section 10-20-911(4)(d)(i)Verify source

§ 10-20-911(4)(d)(ii)Subsection 10-20-911(4)(d)(ii)Provision

Source excerpt

A land use applicant that has appealed a municipal specification for a residential roadway pavement width in excess of 32 feet may request that the municipality assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal.

Section 10-20-911(4)(d)(ii)Verify source

§ 10-20-911(4)(d)(iii)Subsection 10-20-911(4)(d)(iii)Provision

Source excerpt

Unless the applicant and municipality agree otherwise, the panel must have three licensed engineers: one chosen by the municipality, one by the land use applicant, and one jointly agreed and designated by the two engineers.

Unless otherwise agreed by the applicant and the municipality, the panel described in Subsection (4)(d)(ii) shall consist of the following three experts: one licensed engineer, designated by the municipality; one licensed engineer, designated by the land use applicant; and one licensed engineer, agreed upon and designated by the two designated engineers under Subsections (4)(d)(iii)(A) and (B) .

Section 10-20-911(4)(d)(iii)Verify source

§ 10-20-911(4)(d)(iii)(A)Subsection 10-20-911(4)(d)(iii)(A)Provision

Source excerpt

one licensed engineer, designated by the municipality;

Section 10-20-911(4)(d)(iii)(A)Verify source

§ 10-20-911(4)(d)(iii)(B)Subsection 10-20-911(4)(d)(iii)(B)Provision

Source excerpt

one licensed engineer, designated by the land use applicant; and

Section 10-20-911(4)(d)(iii)(B)Verify source

§ 10-20-911(4)(d)(iii)(C)Subsection 10-20-911(4)(d)(iii)(C)Provision

Source excerpt

one licensed engineer, agreed upon and designated by the two designated engineers under Subsections (4)(d)(iii)(A) and (B) .

Section 10-20-911(4)(d)(iii)(C)Verify source

§ 10-20-911(4)(d)(iv)Subsection 10-20-911(4)(d)(iv)Provision

Source excerpt

A municipality panel member may not have an interest in the application being appealed.

A member of the panel assembled by the municipality under Subsection (4)(d)(ii) may not have an interest in the application that is the subject of the appeal.

Section 10-20-911(4)(d)(iv)Verify source

§ 10-20-911(4)(d)(v)Subsection 10-20-911(4)(d)(v)Provision

Source excerpt

A land use applicant must pay half of the panel cost and the municipality’s published appeal fee.

The land use applicant shall pay: 50% of the cost of the panel; and the municipality's published appeal fee.

Section 10-20-911(4)(d)(v)Verify source

§ 10-20-911(4)(d)(v)(A)Subsection 10-20-911(4)(d)(v)(A)Provision

Source excerpt

States a cost share of 50% of the panel cost.

50% of the cost of the panel; and

Section 10-20-911(4)(d)(v)(A)Verify source

§ 10-20-911(4)(d)(v)(B)Subsection 10-20-911(4)(d)(v)(B)Provision

Source excerpt

the municipality's published appeal fee.

Section 10-20-911(4)(d)(v)(B)Verify source

§ 10-20-911(4)(d)(vi)Subsection 10-20-911(4)(d)(vi)Provision

Source excerpt

The decision of the panel is a final decision, subject to a petition for review under Subsection (4)(d)(vii).

Section 10-20-911(4)(d)(vi)Verify source

§ 10-20-911(4)(d)(vii)Subsection 10-20-911(4)(d)(vii)Provision

Source excerpt

A land use applicant or the municipality may file a petition for review in district court within 30 days after the decision becomes final.

In accordance with Section 10-20-1109 , a land use applicant or the municipality may file a petition for review of the decision with the district court within 30 days after the date that the decision is final.

Section 10-20-911(4)(d)(vii)Verify source

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Utah Code § 10-20-911

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