Advisory Opinion 261

Download PDF version Parties: Fox Hollow of Providence, Inc. / Providence City Issued: October 5, 2022 …Topic Categories: Compliance With Land Use Regulations  Development Bonds  Interpretation of Ordinances  Requirements Imposed On Development  Subdivision Plat Approval Development agreements may not be mandated for all conventional subdivisions as the only option for developing property in the municipality. A plat approval was improperly …

Advisory Opinion 152

Download PDF version Parties: Chad Clifford (Snow Hound, LLC) and the City of Moab Issued:  January 7, 2015Topic Categories: Development Bonds   The amount of a development bond should be based on the reasonable costs to complete required improvements. The costs may include anticipated administrative costs if a local government assumes responsibility for completion. A local ordinance conflicts with state …

Advisory Opinion 137

Download PDF version Parties: Ryan Bybee (Cadence Homes) and American Fork City Issued: January 31, 2014Topic Categories: Review of Warranty Work Development Bonds   Local governments may require completion and warranty bonds, to ensure that public infrastructure is properly constructed. Local agencies should adopt design and construction standards to govern construction and warranty work, but the standards must be in …

Advisory Opinion 31

Download PDF version Parties: Ivory Development, LLC and City of Draper Issued: February 28, 2008Topic Categories: Exactions on Development Development Bonds   Warranty bonds are development exactions, and they are subject to rough proportionality analysis. It is unjust to force Developer to pay for damage caused by normal use simply because it occurred within the warranty period, when, at any …

Advisory Opinion 29

Download PDF version Parties: Woodside Homes Corporation and City of Kaysville Issued: February 4, 2008Topic Categories: Requirements Imposed On Development Development Bonds   Local governments may require completion bonds in order to guarantee that public improvements will be completed. The City may only use bond funds for the purposes expressed in the bond documents. Conditions not expressed in ordinances, statutes, …