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Draft ordinance lets conveyance owners decline piping by submitting written declination
Summary
The ordinance includes an owner-declination pathway: if a conveyance owner declines piping and the applicant does not pursue statutory rights, a written declination submitted to Community Development with the preliminary plat prevents the piping requirement, subject to easement and construction restrictions.
The draft contains an "Owner Declination Provision" that allows a conveyance owner to withhold consent to piping. Under the provision, if the facility owner sends a written declination to the Box Elder County Community Development Department and the applicant does not invoke rights under Utah Code 73-1-15.5, the piping requirement will not apply so long as the declination is submitted prior to or with the preliminary plat and the applicant refrains from installing fences, structures, deep-rooted vegetation or permanent infrastructure within the easement.
The transcript reads five explicit conditions (timing of the letter, content of the letter, restrictions on installations within easements, and prescriptive-easement recording when applicable). The provision is procedural: it creates a documented process for owners to preserve open conveyances while ensuring that easement access and rights are maintained.
