108-7-19 Development On A Substandard Street Or Public By Right-Of-Use Road Section

definitions. For purposes of this section, the following definitions apply: “Development activity” means: any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; any change in use of a building or structure that creates additional demand and need for public facilities; or any change in the use of land that creates additional demand and need for public facilities. “Greater public street network” means the network of public streets that are interconnected, with multiple street routes available to and from any location, not including terminal streets or street-routes that have a single point of access connecting to and from the public street network. “Substandard” means not meeting minimum public street standards that are adopted by the city or required by law, including standards related to improvements and standards related to public right-of-way width. A “substandard street,” with reference to proposed development activity, means a public or private street or street-route that is substandard at any location along the street or street-route between the proposed development activity and the greater public street network, or that is substandard at any location adjacent to the proposed development activity. A “standard street,” with reference to proposed Development Activity, means a public or private street or street-route that is not Substandard at any location between the proposed Development Activity and the Greater Public Street Network. “Development on a substandard street” means any development activity for which one of the following conditions is true: The existing street adjacent to at least one of the Lots or Parcels being developed, from which the Lot or Parcel will be accessed, is Substandard at any location adjacent to that Lot or Parcel; or At least one of the Lots or Parcels being developed cannot access the Greater Public Street Network via an existing Standard Street. Compliance required. Development on a substandard street is not permitted unless in compliance with this section. New or improved accesses exclusively used for agricultural vehicles are exempt from these requirements. Roughly proportionate contribution. An application for a permit, subdivision, or any other approval authorized by this Land Use Code that proposes to provide, add, or increase the intensity of access to a Lot or Lots from a Substandard Street shall not be approved unless the Substandard nature of the street or street-route is cured. However, if curing the Substandard nature of the street or street route is not roughly proportionate to the increased impact of the proposal, then the following provisions shall apply: Right-of-way dedication or conveyance. In all cases, the applicant shall dedicate, by subdivision plat or deed conveyance, to the City the minimum required street right-of-way width that abuts the applicant’s subdivision, lot, or parcel being developed. Street frontage improvements. The applicant shall be financially responsible for the improvement of the applicant’s own street frontage. However, at the discretion of the City Engineer, a Lot that is not fully developed to the maximum potential of the zone’s minimum Lot Width and Lot Area may be allowed to have this reduced to no less than a width that is three times the applicable minimum Lot Width allowed in the zone, or the Lot’s entire frontage, whichever is less. City The City Engineer may determine required improvements based on adopted street standards and the demonstrated impacts of the proposed development. Required improvements shall be reasonably related and roughly proportionate to the development’s impact. Paying proportionate share. As part of a "project improvement," as defined in UCA 11-36a-102, the applicant shall pay the cost of a proportionate share of street design, street improvements, and, if applicable, street right-of-way acquisition to bring that street into or closer to compliance with City standards. The cost of the proportionate share shall be determined as follows: Engineer's cost estimate. Estimate the cost to improve the substandard street or street-route to City standards from the point it becomes substandard, or from the nearest intersection with a non-terminal street or street-route, whichever is closer, to the furthest extent of the applicant's proposed development adjacent to the street. This shall be furnished by the applicant in the form of an engineer's cost estimate. The estimate shall use up-to-date market costs for engineering and design, surveying, construction material, labor, and any other expense necessary to improve the street to City standards. The added expense of an intersection or other street component that is not related to providing a standard street to the applicant's subdivision shall be excluded from the calculation; The City Engineer may require the applicant to furnish engineered drawings of the street and an itemized cost-estimate in order to substantiate the estimated cost; The City Engineer has the discretion to adjust the cost-estimate for inflation or market fluctuations during the duration of construction of the applicant's obligations; and A subdivision improvement that is required of the applicant by the Land Use Code regardless of the condition of the street shall not be included in this calculation, and shall be provided as otherwise required by this Title. Determine street's estimated buildout potential. Find the street’s estimated buildout potential, which is the sum of the estimated number of lots expected along the street at buildout plus the applicant's proposed number of lots, as follows: Measure the length of the substandard street or street-route from the point it becomes substandard to the furthest extent of the applicant's subdivision along the substandard street or street-route; Divide the length of the street, the result of Subsection (c)(3)b.1. of this section, by the standard minimum lot width of the zone, as found in Title 104 of this Land Use Code. Do not use alternative lot widths, such as those allowed in a cluster subdivision or a lot-averaged subdivision, even if the applicant's subdivision has them; then Combine the estimated number of lots expected along the street at buildout, the results of Subsection (c)(3)b.2. of this section with the applicant's proposed number of subdivision lots. Final proportionate share calculation. Divide the cost to improve the street or street-route to City standards, the result of Subsection (c)(3)a. by the sum of the street’s estimated buildout potential plus the applicant's proposed number of lots, the results of Subsection (c)(3)b. Required improvements, escrow, and allowed deferral. The City Engineer shall: Required improvements. Require the applicant to make improvements to the substandard street or streetroute in an amount up to but not exceeding the applicant's cost of the proportionate share, as determined herein. The City Engineer has full authority and discretion to determine the specific improvements required of the applicant; Escrow. Require this cost to be deposited with the City for the City to add a street's needed improvements into scheduled road maintenance and improvements; or Deferral. If the City Engineer determines that the funds that would be made available are insufficient to provide meaningful project improvements along the substandard street or street-route, a substandard road agreement may be allowed in lieu of the project improvements required in this section. In this case, the applicant, and all owners having interest in the subject Lot or Lots shall execute a substandard road agreement and notice to new owners. The content of the substandard road agreement and notice shall be as specified by the City, but at a minimum it shall: For a terminal substandard street or street route, explain that the subject Lot or Lots has or have only a single street access connecting it to the greater interconnected Public Street network, and the single street access is not built to the adopted minimum design and safety standards; Require a deferral agreement that specifies that the owners or successors and heirs are responsible, at a time the governing authority deems it necessary, to pay for their proportionate share of curing the substandard nature of the street or street-route; Allow the governing authority, at its option to withhold any written protest filed by the owners or their successors or heirs under the State Code's Assessment Area Act, Provisions For Local Districts, or any similar government revenue generation mechanism, from the final tally of collected protests, provided, however, that the revenue generated by the mechanism is used to improve access to the Lot or Lots; and Be recorded to the property at the time of subdivision recordation or sooner for subdivision approval, or prior to the issuance of a land use permit or final approval for other types of approvals.