Download PDF version Parties: Dan S. Hales; Box Elder County Issued: March 24, 2023 …Topic Categories: Exactions The county may require that the half-width of an adjacent local road be dedicated and improved as a condition of development. Furthermore, this required half-width is appropriately measured from the centerline of the existing right-of-way unless the local ordinances or master plan clearly …
Advisory Opinion 264
Download PDF version Parties: Jerry Carroll / Spanish Fork City Issued: December 31, 2022 …Topic Categories: Exactions on Development A city may not impose an exaction requiring a property owner to improve and dedicate private property for some future public use as a condition of development approval when such future use is not occasioned by the development sought to be …
Advisory Opinion 260
Download PDF version Parties: Kristopher Sorensen / City of Saratoga Springs Issued: October 5, 2022 …Topic Categories: Exactions The City may require the dedication and improvement of the half-width of the local roadway adjacent to the property as a condition of issuing the building permit for a single-family residence on a large agricultural parcel but may not lawfully require …
Advisory Opinion 253
Download PDF version Parties: Highland City / Steve & Travis Maddox Issued: April 6, 2022 …Topic Categories: Exactions on Development … A city may only require a property owner to offset impacts of development proposed in a land use application. It may not address impacts of future development a property owner has yet to propose. In this case, the Maddoxes …
Advisory Opinion 249
Download PDF version Parties: Auburn Hills, LLC and Hyrum City Issued: January 11, 2022Topic Categories: Exactions on Development If a phase of development is applied for and approved independent of prior subdivision applications, and absent any explicit agreement otherwise, the relevant impact to be offset by exaction is the immediate proposal presented in the land use application, without regard to …
Advisory Opinion 247
Download PDF version Parties: Spring Creek Cove Development Corp, Murray City Issued: December 2, 2021Topic Categories: Exactions on Development Requirements Imposed on Development Subdivision Plat Approval The city’s requirement that irrigation canals be piped within new residential subdivisions is lawful, even where the developer must enter an agreement it finds “outrageous and illegal” to secure permission to enclose them. Cities …
Advisory Opinion 245
Download PDF version Parties: D.R. Horton, Saratoga Springs City Issued: November 16, 2021Topic Categories: Exactions on Development Requirements Imposed on Development Subdivision Plat Approval The Developer may only be responsible for providing that portion of the impact they impose, which in this case appears to be at most approximately 49% of the cost of the traffic signal, even though …
Advisory Opinion 243
Download PDF version Parties: ARB Investments, LLC / West Jordan City Issued: September 2, 2021Topic Categories: Exactions on Development In response to the developer’s requested rezone for a proposed residential development, the city has asked a developer to dedicate an off-site portion of property for a future roadway as a condition precedent to favorable legislative approval, and also stated …
Advisory Opinion 241
Download PDF version Parties: Troy Green / Weber County Issued: July 16, 2021Topic Categories: Exactions on Development The County’s requirement to dedicate a 33-foot wide strip of land for a future right-of-way to serve future development does not solve a problem created by the property owner’s development proposal. The property owner’s amended plat simply merges two parcels without changing …
