13.19.040 Relief provisions.
1. Relief Petition. Any applicant for connection to the Lindon City Pressurized Irrigation System (the “applicant”), may file a Relief Petition with the City Recorder seeking relief from all or part of the City Pressurized Irrigation System connection requirements as contained in this ordinance on the basis that the requirements, as applied to the applicant or to the specific property for which the connection is requested is inequitable, or for any other reason should be modified.
2. Time for filing notice of petition and petition no later than ten (10) calendars days from final action by the City on any connection application, the applicant shall file a Notice of Petition in writing with the City Recorder. Within thirty (30) days of filing of a Notice of Petition, the applicant shall file a Relief Petition with the City Recorder.
3. Information to be submitted with relief petition.
a. The Relief Petition must be submitted on a form acceptable to the City, shall be signed by the applicant and verified, and must be accompanied at a minimum by the following information:
i. Name of the applicant;
ii. Name and business address of the current owner of the property, form of ownership, whether sale proprietorship, for-profit or not-for-profit corporation, partnership, joint venture, limited liability company, or other, and if owned by a corporation, partnership, joint venture, or limited liability company, the name and address of all principal shareholders, members, or partners.
iii. Price paid and other terms of purchase of the property, the date of purchase, and the name of the party from whom purchased, including the relationship, if any, between the applicant and the party from whom the property was acquired;
iv. Nature of the interest owned by the applicant in the subject property;
v. A complete description of all water rights and water shares owned by the applicant;
vi. A complete description of all water rights and water shares which have been utilized on the subject property during the ten (10) years prior to the date of the application;
vii. A description of all water rights and water shares transferred to the City by the applicant, related to the subject property;
viii. A description of all water rights and water shares transferred to the City by any prior owner of the property during the ten (10) years prior to the date of the application, related to the subject property;
ix. A complete description of the disposition or sale of all water rights and water shares related to the subject property during the ten (10)
year period prior to the date of the application;
x. All studies and reports commissioned by the applicant, agents of the applicant, or prior owners of the subject property within the previous ten (10) years concerning water usage, and/or availability, related to the subject property;
xi. Information from a title report showing all recorded liens, encumbrances, and ownership interests related to all water rights and water shares related to the subject property as of the date of the petition;
xii. Copies of all documents evidencing the existence of decreed water rights and water shares related to the subject property;
xiii. The complete detailed factual basis for the applicant's assertion that the connection requirements for the City Pressurized Irrigation System are inequitable or should be modified as to the applicant, related to the subject property for which connection is sought;
xiv. A specific description of the modification from the connection requirements for the City Pressurized Irrigation System which the applicant asserts are necessary, to the minimum extent necessary to prevent the requirements from being inequitable, together with the factual basis for said assertion.
b. The Planning Commission or the City Council may request additional information reasonably necessary, in their opinion, to arrive at a conclusion concerning the Relief Petition.
4. Failure to submit information. In the event that any of the information required to be submitted by the applicant is not reasonably available, the applicant shall file with the petition a statement of the information that cannot be obtained and shall describe the reasons why such in formation is unavailable.
5. Hearing by the Planning Commission. No later than (30) days after the filing of a complete Relief Petition, together with all required and requested supporting information and documentation required by the City Council or the Planning Commission, the Planning Commission shall schedule a hearing. The hearing shall be held no later than 30 days after the date of filing, unless a reasonable extension of time is agreed to by both the Planning Commission and the applicant. At the hearing, the applicant may testify, call and examine witnesses, and present facts and evidence. All witnesses shall be sworn and testify under oath.
6. Burden of proof. The applicant shall have the burden of proving that the strict application of the City Pressurized Irrigation Water System Connection requirements are inequitable or should be modified, in whole or in part, as applied to the specific applicant or property for which a connection is sought.
7. Findings of the Planning Commission. The Planning Commission shall, on the basis of the evidence and testimony presented, make specific findings as part of its report and recommendations to the City Council, which may include the following:
a. Whether the applicant has complied with the requirements for presenting the information to be submitted with a Relief Petition;
b. A determination as to all water rights and water shares which have been previously transferred to the City with regard to the subject property;
c. Whether, in the opinion of the Planning Commission, the imposition of the connection requirements, are inequitable or should be modified, as applied to the applicant or to the subject property.
8. Report and recommendations of the Planning Commission.
a. The Planning Commission, based upon the evidence and findings, shall make a report and recommendation to the City Council concerning the Relief Petition.
b. If the Planning Commission recommends to the City Council approval of the Relief Petition, in whole or in part, then the report of the Planning Commission shall discuss the type and extent of modifications necessary, in the opinion of the Planning Commission, to prevent the water connection requirements from having an inequitable effect.
c. The report and recommendation shall be submitted to the City Council and mailed to the applicant no later than 30 days after the hearing.
9. City Council review and consideration. 60 days after receipt of the Planning Commission's report, the City Council shall hold a hearing to review the report and recommendations of the Planning Commission. At the hearing, the applicant may testify, and examine witnesses, and present facts and evidence. All witnesses shall be sworn and testify under oath. At the hearing the City Council may limit the testimony and evidence to new testimony and evidence. The City Council shall approve, in whole or in part, or disapprove the Relief Petition. The City Council may modify or waive the Pressurized Irrigation System connection requirements to the extent reasonably necessary to prevent the Pressurized Irrigation System connection requirements from being inequitable as to the applicant or as to the subject property and may condition such modification or waiver upon approval of specific development plans. The City Council may take such action without the necessity of re-submission of the petition to the Planning Commission.
10. Findings of the City Council. The City Council shall, on the basis of the Report and Recommendation of the Planning Commission and the evidence and testimony presented, make specific findings as part of the its decision. The findings may adopt, change, or modify the findings of the Planning Commission.
11. Decision of the City Council. The decision of the City Council shall be mailed to the Applicant no later than 30 days after the hearing.
12. Decision final. The decision of the City Council shall be final. (Ord. 2002-1, amended, 2002; Ord. 10-93, adopted, 1993)