10-9a-508. Exactions — Exaction for water interest — Requirement to offer to original owner property acquired by exaction.
(1)
A municipality may impose an exaction or exactions on development proposed in a land use application, including, subject to Subsection (3), an exaction for a water interest, if:
Terms Used In Utah Code 10-9a-508
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 10-9a-103
Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103
Land use authority: means :
(a)
a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(b)
if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
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
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Residential roadway: means a public local residential road that:
(a)
will serve primarily to provide access to adjacent primarily residential areas and property;
(b)
is designed to accommodate minimal traffic volumes or vehicular traffic;
(c)
is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan;
(d)
has a posted speed limit of 25 miles per hour or less;
(e)
does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network;
(f)
cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries; and
(g)
primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas. See Utah Code 10-9a-103
an essential link exists between a legitimate governmental interest and each exaction; and
(b)
each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.
(2)
If a land use authority imposes an exaction for another governmental entity:
(a)
the governmental entity shall request the exaction; and
(b)
the land use authority shall transfer the exaction to the governmental entity for which it was exacted.
(3)
(a)
(i)
Subject to the requirements of this Subsection (3), a municipality shall base an exaction for a water interest on the culinary water authority‘s established calculations of projected water interest requirements.
(ii)
Except as described in Subsection (3)(a)(iii), a culinary water authority shall base an exaction for a culinary water interest on:
(A)
consideration of the system-wide minimum sizing standards established for the culinary water authority by the Division of Drinking Water pursuant to Section 19-4-114; and
(B)
the number of equivalent residential connections associated with the culinary water demand for each specific development proposed in the development’s land use application, applying lower exactions for developments with lower equivalent residential connections as demonstrated by at least five years of usage data for like land uses within the municipality.
(iii)
A municipality may impose an exaction for a culinary water interest that results in less water being exacted than would otherwise be exacted under Subsection (3)(a)(ii) if the municipality, at the municipality’s sole discretion, determines there is good cause to do so.
(iv)
A municipality shall make public the methodology used to comply with Subsection (3)(a)(ii)(B). A land use applicant may appeal to the municipality’s governing body an exaction calculation used by the municipality under Subsection (3)(a)(ii). A land use applicant may present data and other information that illustrates a need for an exaction recalculation and the municipality’s governing body shall respond with due process.
(v)
Upon an applicant’s request, the culinary water authority shall provide the applicant with the basis for the culinary water authority’s calculations under Subsection (3)(a)(i) on which an exaction for a water interest is based.
(b)
A municipality may not impose an exaction for a water interest if the culinary water authority’s existing available water interests exceed the water interests needed to meet the reasonable future water requirement of the public, as determined under Subsection 73-1-4(2)(f).
(4)
(a)
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.
(b)
A person to whom a municipality offers to reconvey property under Subsection (4)(a) has 90 days to accept or reject the municipality’s offer.
(c)
If a person to whom a municipality offers to reconvey property declines the offer, the municipality may offer the property for sale.
(d)
Subsection (4)(a) does not apply to the disposal of property acquired by exaction by a community reinvestment agency.
(5)
(a)
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.
(b)
Subsection (5)(a) does not apply if a municipality requires the installation of pavement in excess of 32 feet:
(i)
in a vehicle turnaround area;
(ii)
in a cul-de-sac;
(iii)
to address specific traffic flow constraints at an intersection, mid-block crossings, or other areas;
(iv)
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;
(v)
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;
(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;
(vii)
for third-party utility lines that have an easement preventing the installation of utilities maintained by the municipality within the roadway;
(viii)
for utilities over 12 feet in depth;
(ix)
for roadways with a design speed that exceeds 25 miles per hour;
(x)
as needed for flood and stormwater routing;
(xi)
as needed to meet fire code requirements for parking and hydrants; or
(xii)
as needed to accommodate street parking.
(c)
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.
(d)
(i)
A land use applicant may appeal a municipal requirement for pavement in excess of 32 feet on a residential roadway.
(ii)
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.
(iii)
Unless otherwise agreed by the applicant and the municipality, the panel described in Subsection (5)(d)(ii) shall consist of the following three experts:
(A)
one licensed engineer, designated by the municipality;
(B)
one licensed engineer, designated by the land use applicant; and
(C)
one licensed engineer, agreed upon and designated by the two designated engineers under Subsections (5)(d)(iii)(A) and (B).
(iv)
A member of the panel assembled by the municipality under Subsection (5)(d)(ii) may not have an interest in the application that is the subject of the appeal.
(v)
The land use applicant shall pay:
(A)
50% of the cost of the panel; and
(B)
the municipality’s published appeal fee.
(vi)
The decision of the panel is a final decision, subject to a petition for review under Subsection (5)(d)(vii).
(vii)
Pursuant to Section 10-9a-801, 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.
Amended by Chapter 255, 2023 General Session Amended by Chapter 478, 2023 General Session
