Utah § 17-79-602 Private maintenance of public access amenities prohibited.

Utah Statutes

§ 17-79-602 — Private maintenance of public access amenities prohibited.

Utah·Title 17 Counties·Ch. 17-79 County Land Use, Development, and Management Act·Part 17-79-6 Land Use Regulations - Particular Situations

(1)As used in this section:

(1)(a) "Public access amenity" means a physical feature like a trail or recreation area that a municipality designates for public access and use.

(1)(b) "Retail water line" means the same as that term is defined in Section 11-8-4.

(1)(c) "Sewer lateral" means the same as that term is defined in Section 11-8-4.

(1)(d) (1)(d)(i) "Water utility" means a main line or other integral part of a sewer or water utility service.

(1)(d)(ii) "Water utility" does not include a retail water line or sewer lateral.

(2)A county may not require a private individual or entity, including a community association or homeowners association, to maintain and be responsible for a public access amenity or water utility in perpetuity unless:

(2)(a) the public access amenity is the proper

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(1) As used in this section:
(1)(a) "Public access amenity" means a physical feature like a trail or recreation area that a municipality designates for public access and use.
(1)(b) "Retail water line" means the same as that term is defined in Section 11-8-4.
(1)(c) "Sewer lateral" means the same as that term is defined in Section 11-8-4.
(1)(d) (1)(d)(i) "Water utility" means a main line or other integral part of a sewer or water utility service.
(1)(d)(ii) "Water utility" does not include a retail water line or sewer lateral.
(2) A county may not require a private individual or entity, including a community association or homeowners association, to maintain and be responsible for a public access amenity or water utility in perpetuity unless:
(2)(a) the public access amenity is the property located adjacent to the private property owned by the private individual or entity to the curb line of the street, including park strips and sidewalks; or
(2)(b) the private individual or entity agreed to maintain or be responsible for the public access amenity or water utility in perpetuity in a covenant, utility service agreement, development agreement, or other agreement between the county and the private individual or entity.

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