Download PDF version Parties: South Valley Large Animal Clinic, Saratoga Springs Issued: March 9, 2021Topic Categories: Exactions on Development An ordinance mandating that a property owner bury all powerlines in order to obtain a building permit serves a legitimate public purpose and is an enforceable land use regulation. However, this requirement is also an exaction and must satisfy the …
Advisory Opinion 229
Download PDF version Parties: Matthew V. Hess, Mussentuchit Holdings, LLC; Lehi City Issued: September 1, 2020Topic Categories: Exactions on Development Government-mandated contributions of property as a condition of development approval are exactions. To be legal, an exaction must provide a solution to a problem that particular development creates, and must be roughly proportionate to the actual impact of the …
Advisory Opinion 226
Download PDF version Parties: Sean Reddish and Hurricane City Issued: July 31, 2020Topic Categories: Exactions on Development An exaction on development is lawful insofar as the burden imposed on development is roughly proportionate, or roughly equivalent, to its impact. Where a property abuts two streets as a corner lot, an exaction requiring installation of improvements along both streets according …
Advisory Opinion 221
Download PDF version Parties: Ryan Bybee, Lindon OW, LLC; Lindon City Issued: April 21, 2020Topic Categories: Exactions on Development The City’s requirement that applicant connect the roadway serving his proposed development to an existing stub road, including the construction of approximately fifty feet of off-site roadway, extension of public utilities, and a creek culvert, as a condition to develop …
Advisory Opinion 207
Download PDF version Parties: A&B Hotel Management; Grand County Issued: January 9, 2019Topic Categories: Exactions on Development An affordable housing fee is an exaction. To be valid, an exaction must provide a solution to a problem development creates, and must be roughly proportionate to the impact of the development. Thus, Grand County’s affordable housing fee must solve a problem …
Advisory Opinion 205
Download PDF version Parties: Devin & Kayley McCabe; Paradise City Issued: December 12, 2018Topic Categories: Compliance with Land Use Ordinances Exactions on Development The Town waived requirements it would normally impose at the time of subdivision, expressly agreeing with the developer instead to impose them at the issuance of building permits. Thus, the Town may withhold building permits until …
Advisory Opinion 201
Download PDF version Parties: Ivory Development, LLC; Provo City Issued: August 27, 2018Topic Categories: Impact Fees Exactions on Development The overlay fee charged to the developer by the City is not an impact fee, because it is a fee for project improvements, which is plainly excepted from the definition of an impact fee under State law. Consequently, the City …
Advisory Opinion 200
Download PDF version Parties: Mitchell Development, Inc.; Provo City Issued: August 27, 2018Topic Categories: Impact Fees Exactions on Development The overlay fee charged to the developer by the City is not an impact fee, because it is a fee for project improvements, which is plainly excepted from the definition of an impact fee under State law. Consequently, the City …
Advisory Opinion 199
Download PDF version Parties: Shawn Cronquist; Nibley City Issued: July 17, 2018Topic Categories: Exactions on Development The City’s exaction requiring the developer to dedicate and construct a half-width of 450 West where it abuts the proposed development is roughly proportionate to the proposed development’s impact on the community. Moreover, the City’s requirement to dedicate a trail easement along the …
