Download PDF version Parties: Alexis Butler and Millcreek City Issued: July 7, 2025 …Topic Categories: Exactions on Development The City may not impose conditions of approval to dedicate additional right of way and to install curb, gutter, and sidewalk under a deferral agreement, because the City has failed to present evidence that Property Owner’s proposal to construct a single-family dwelling …
Advisory Opinion 304
Download PDF version Parties: Jess Lynn Green Descendants Trust and American Fork City Issued: March 17, 2025 …Topic Categories: Exactions on Development Local governments may only impose exactions on a landowner when the landowner is proposing development that will create impacts and need municipal services. In this case, the landowner is requesting approval of a zone change that will allow …
Advisory Opinion 303
Download PDF version Parties: Lawrence and Kabrina Allen and the City of West Haven Issued: March 11, 2025 …Topic Categories: Impact Fees Exactions on Development The city’s storm water impact fee is not lawful where it is based on parcel size rather than impact on the storm water infrastructure.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to …
Advisory Opinion 302
Download PDF version Parties: South Nephi, LLC and Nephi City Issued: January 31, 2025 …Topic Categories: Compliance With Land Use Regulations Exactions on Development Interpretation of Ordinances Local government has discretion to establish—by legislative enactment—reasonable quality specifications or performance standards for the public facilities and services it provides and may exact from new development equitable contributions at that established level …
Advisory Opinion 300
Download PDF version Parties: Edge Homes of Utah, LLC and Lehi City Issued: December 13, 2024 …Topic Categories: Exactions on Development Compliance with Land Use Regulations Requirements Imposed On Development … The city may lawfully require a developer to pay for publicly owned and managed fiber optic conduit as a condition of approval of a residential subdivision development where the …
Advisory Opinion 295
Download PDF version Parties: Mountain Sunrise Academy and Saratoga Springs City Issued: October 1, 2024 …Topic Categories: Exactions on Development Impact Fees Act Although schools enjoy certain benefits with regard to impact fees, the development activity of schools, like any development that has an impact on a community, must pay its own way. The Impact Fees Act does not exempt …
Advisory Opinion 294
Download PDF version Parties: Brian Buchanan / Hooper City Issued: September 26, 2024 …Topic Categories: Compliance with Land Use Regulations Exactions on Development The City may require the Property Owner to install infrastructure improvements along the frontage of his building lot, and it may also require him to pay a fee in lieu that the City may use to construct …
Advisory Opinion 292
Download PDF version Parties: Jeffrey Kummer / Sevier County Issued: August 23, 2024 …Topic Categories: Exactions on Development Requirements Imposed On Development Subdivision Plat Approval The County has not met its burden of establishing that a dirt road over private property is an existing County right-of-way that had been dedicated by public use. Therefore, because the County’s land use ordinances …
Advisory Opinion 283
Download PDF version Parties: Jacob and Tamara Schellenberg / Cache County Issued: January 22, 2024 …Topic Categories: Exactions The County’s ordinances requiring that adjacent roadways meet minimum established roadway standards a condition of subdivision plat approval is legal on its face. Similarly, the County may lawfully impose an in-lieu fee as an alternate method of improving the roadway to established …
