Download PDF version Note: An Addendum was issued for this Advisory Opinion:Advisory Opinion 154 (Addendum) Parties: David Davis and Tooele City Issued: December 19, 2014Topic Categories: Exactions on Development An exaction must be roughly proportional to the impact caused by new development. If a new structure replaces an old one, the impact of the new development should be reduced …
Advisory Opinion 149
Download PDF version Parties: Larry Jacobson and Herriman City Issued: December 5, 2014Topic Categories: Appealing Land Use Decisions Entitlement to Application Approval (Vested Rights) Exactions on Development A local government may regulate density in a separate provision from lot size. Development requirements may be derived by reference to a general plan. If an ordinance allows a range of allowable …
Advisory Opinion 148
Download PDF version Parties: Matthew Peterson and Hooper City Issued: November 21, 2014Topic Categories: Exactions on Development Requirements Imposed on Development Preserving waterways and protecting against flood damage are within local government authority. The means to carry out that authority are within a local government’s reasonable discretion. A setback to protect waterways and prevent flood damage is a reasonable …
Advisory Opinion 147
Download PDF version Parties: Camm & Jan Arrington and Town of Mantua Issued: October 31, 2014Topic Categories: Exactions on Development Impact Fees A fee charged to fund capital facilities (including water rights), which is imposed as a condition of approval, is an impact fee, and must comply with the Impact Fees Act. A fee that was not imposed as …
Advisory Opinion 144
Download PDF version ;Parties: Fieldstone Homes and American Fork Issued: September 8, 2014Topic Categories: Exactions on Development An exaction is a dedication of property or payment of money imposed as a condition of development approval. Valid exactions must satisfy rough proportionality analysis. If an exaction does not alleviate a public burden caused by a development’s impact, it does not …
Advisory Opinion 136
Download PDF version Parties: Highland City Issued: December 26, 2013Topic Categories: Exactions on Development Requirements Imposed on Development Interpretation of Ordinances A local government may allow voluntary dedications from developers for open space or parks, as long as the developer receives a fair exchange in the form of development concessions or other incentives. Since the dedications are voluntary, they …
Advisory Opinion 134
Download PDF version Parties: Ed Green and Layton City Issued: November 15, 2013Topic Categories: Exactions on Development Requirements Imposed On Development A city and a developer are bound to comply with the terms of a valid annexation agreement, even if the required construction is more than the developer’s proportionate share of the needed costs for the construction. An exaction …
Advisory Opinion 121
Download PDF version Parties: Matthew M. Stewart and Provo City Issued: March 15, 2013Topic Categories: Exactions on Development A government entity may require a developer to contribute to public facilities, but only to the extent necessitated by the impact of the development. Any required contribution over and above what is needed is an exaction. Voluntary contribution to public facilities …
Advisory Opinion 119
Download PDF version Parties: Travis S. Taylor and Saratoga Springs Issued: December 21, 2012Topic Categories: Exactions on Development Requirements Imposed On Development Development agreements are important land use tools, but like all public actions, they are subject to constitutional provisions guaranteeing property rights. If the circumstances which led to a development agreement are significantly altered, the obligations incurred by …
