Download PDF version Parties: Hylan Harper and City of South Jordan Issued: April 7, 2009Topic Categories: Exactions on Development Subdivision Plat Approval Developers may be required to construct and dedicate streets and sidewalks if the cost to the developer is roughly equal to the impact of the development on local services. Based on decisions from other jurisdictions, it appears …
Advisory Opinion 65
Download PDF version Parties: Sevier Power Company, LLC and Sevier County Issued: March 26, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Pending Ordinances An applicant is entitled to approval of a land use application if the application conforms to the requirements of the local government’s land use ordinances in effect when a complete application …
Advisory Opinion 64
Download PDF version Parties: Leon R. Day and Sanpete County Issued: March 11, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Subdivision Plat Approval A county may require that the Property Owner comply with its subdivision ordinance, because the parcel was not created by a valid subdivision. The parcel is not exempt from subdivision regulation, …
Advisory Opinion 63
Download PDF version Parties: Tom Spencer, Fieldstone Homes Utah, LLC and City of Tooele Issued: March 10, 2009Topic Categories: Exactions on Development A local government may impose exactions on new development, which must satisfy rough proportionality analysis. Local governments may enter agreements with developers, but those agreements cannot bargain away police power or regulatory authority, and must comply with …
Advisory Opinion 62
Download PDF version Parties: Alliance Youth Services and City of Pleasant Grove Issued: February 11, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Compliance With Land Use Ordinances Interpretation of Ordinances Appealing Land Use Decisions An appeal authority has inherent power to fashion a remedy, including the power to remand a decision for new consideration. The City correctly interpreted …
Advisory Opinion 61
Download PDF version Parties: Steven C. Pace and City of Holladay Issued: January 21, 2009Topic Categories: Nonconforming Uses and Noncomplying Structures Interpretation of Ordinances Although the doctrine of lot merger is unknown in Utah, a handful of other states have upheld similar ordinances. An ordinance requiring merger of noncomplying parcels can reasonably be seen to promote the health, safety, …
Advisory Opinion 60
Download PDF version Parties: M. Ray Taylor and City of Lindon Issued: January 20, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Interpretation of Ordinances The term “family-type arrangement” is not defined in the Utah Code, but the meaning can be ascertained by the plain and accepted meaning of the words. The City’s interpretation is allowed a degree of …
Advisory Opinion 59
Download PDF version Parties: The Utah Valley Home Builders Association and City of Lehi Issued: January 13, 2009Topic Categories: Impact Fees Property leased by the City is not a park or open space, and is not even owned by the City. Under the Impact Fees Act, it is not eligible to be used as a basis for the park …
Advisory Opinion 58
Download PDF version Parties: Otto Belvedere and City of Payson Issued: December 4, 2008Topic Categories: Exactions on Development Requirements Imposed On Development Review of Warranty Work Local governments may require performance bonds to guarantee completion of improvements, and they may also require warranty bonds to guarantee new construction.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to …
