(1) As used in this section:

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Terms Used In Utah Code 10-9a-533

  • General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
  • Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
         (27)(a) is required for human occupation; and
         (27)(b) an applicant must install:
              (27)(b)(i) in accordance with published installation and inspection specifications for public improvements; and
              (27)(b)(ii) whether the improvement is public or private, as a condition of:
                   (27)(b)(ii)(A) recording a subdivision plat;
                   (27)(b)(ii)(B) obtaining a building permit; or
                   (27)(b)(ii)(C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103
  • Municipality: means :
         (5)(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;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
     (1)(a) “Low impact development” means the same as that term is defined in Section 19-5-108.5.
     (1)(b)

          (1)(b)(i) “Pavement” means the bituminous or concrete surface of a roadway.
          (1)(b)(ii) “Pavement” does not include a curb or gutter.
     (1)(c) “Residential street” means a public or private roadway that:

          (1)(c)(i) currently serves or is projected to serve an area designated primarily for single-family residential use;
          (1)(c)(ii) requires at least two off-site parking spaces for each single-family residential property abutting the roadway; and
          (1)(c)(iii) has or is projected to have, on average, traffic of no more than 1,000 trips per day, based on findings contained in:

               (1)(c)(iii)(A) a traffic impact study;
               (1)(c)(iii)(B) the municipality‘s general plan under Section 10-9a-401;
               (1)(c)(iii)(C) an adopted phasing plan; or
               (1)(c)(iii)(D) a written plan or report on current or projected traffic usage.
(2)

     (2)(a) Except as provided in Subsection (2)(b), a municipality may not, as part of an infrastructure improvement, require the installation of pavement on a residential street at a width in excess of 32 feet if the municipality requires low impact development for the area in which the residential street is located.
     (2)(b) Subsection (2)(a) does not apply if a municipality requires the installation of pavement:

          (2)(b)(i) in a vehicle turnaround area; or
          (2)(b)(ii) to address specific traffic flow constraints at an intersection or other area.
(3)

     (3)(a) A municipality shall, by ordinance, establish any standards that the municipality requires, as part of an infrastructure improvement, for fire department vehicle access and turnaround on roadways.
     (3)(b) The municipality shall ensure that the standards established under Subsection (3)(a) are consistent with the State Fire Code as defined in Section 15A-1-102.
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