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American Fork City Zoning Code

CHAPTER 17

19 PIONEERING-CONNECTOR'S AGREEMENTS

17.19.100 Benefitted Parcel

Benefited Parcel (generally): Any parcel of land which abuts a proposed public facility that will receive service from said public facility. Benefitted Parcel shall not include any such land abutting land owned by the applicant or the width of the right-of way of any existing adjacent intersecting public street. Benefitted Parcel – Water/sewer line: Any parcel of land which abuts a water and/or sewer line, and is capable of receiving service from the line.


HISTORY
Reenacted by Ord. 2021-11-53 on 11/9/2021

17.19.200 Unavailability Of Adequate Public Facilities

  1. In the event that the City Engineer determines that adequate public facilities are not available and will not be available by the time of approval, so as to assure that adequate public services are available at the time of occupancy, the following alternatives may be elected, at the discretion of the City Council:
    1. Allowing the developer to voluntarily construct those public facilities which are necessary to service the proposed development and provide adequate facilities as determined by the City Engineer and by entering into an appropriate form of pioneering/connector’s agreement, which may include, as deemed appropriate by the City Engineer, provisions for recoupment of any expenses incurred above and beyond those reasonably necessary for or related to the need created by or the benefit conferred upon the proposed development, and the method and conditions upon which recoupment is to be obtained. Any pioneering/connector’s agreement authorized by this paragraph must be requested no less than 60 days prior to Planning Commission recommendation and/or approval of the subdivision and/or site plan, whichever occurs sooner, and shall not exceed a duration of 10 years from the date of acceptance by the City.
    2. Requiring the timing, sequencing, and phasing of the proposed development consistent with the availability of adequate public facilities.
    3. Deferring approval and the issuance of building permits until all necessary public facilities are adequate and available.
    4. Denying approval and allowing the applicant to reapply when adequate public facilities are available.
  2. In the event the City installs infrastructure improvements which benefits specific properties, it may also recover reimbursement on a pro-rata basis from the benefitted properties when they develop, on the same basis as a developer would recover reimbursement with a pioneering agreement as set forth in paragraph A, including the 10 year duration.
  3. When a pioneering agreement is granted, or the City installs infrastructure for which it will be reimbursed, the City will record a notice against the benefitted properties so that a future owner/developer will be on notice of development costs associated with that parcel. The notice is not a lien on the property. The City Engineer is designated to sign, on behalf of the City, the Notice of Development Obligations.
HISTORY
Reenacted by Ord. 2021-11-53 on 11/9/2021

2021-11-53