Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Municipality: means :
(a)
a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
Official map: means a map drawn by municipal authorities and recorded in a county recorder's office that:
(a)
shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities;
(b)
provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
(c)
has been adopted as an element of the municipality's general plan. See Utah Code 10-9a-103
Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103
(2)
(a)
An official map does not:
(i)
require a landowner to dedicate and construct a street as a condition of development approval, except under circumstances provided in Subsection (2)(b)(iii); or
(ii)
require a municipality to immediately acquire property it has designated for eventual use as a public street.
(b)
This section does not prohibit a municipality from:
(i)
recommending that an applicant consider and accommodate the location of the proposed streets in the planning of a development proposal in a manner that is consistent with Section 10-9a-508;
(ii)
acquiring the property through purchase, gift, voluntary dedication, or eminent domain; or
(iii)
requiring the dedication and improvement of a street if the street is found necessary by the municipality because of a proposed development and if the dedication and improvement are consistent with Section 10-9a-508.
Renumbered and Amended by Chapter 254, 2005 General Session
