Advisory Opinion 110
Download PDF version Parties: Promontory School of Expeditionary Learning and Perry City Issued: February 16, 2012Topic Categories: Exactions on Development Interpretation of Ordinances To be valid, exactions must have a link to a legitimate government interest, and be roughly proportionate to the impact of the development. The Utah Code provides additional clarification for exactions imposed upon charter schools, emphasizing …
Advisory Opinion 100
Download PDF version Parties: Ken Macqueen and West Valley City Issued: June 20, 2011Topic Categories: Exactions on Development Requirements Imposed On Development Ordinance provisions concerning minimum and maximum setbacks, parking, and building size are generally applicable requirements, and are permissible, because it is reasonably debatable that they promote public purposes. Ordinances requiring dedication of property for public use are …
Advisory Opinion 96
Download PDF version Parties: Bruce Nilson, Nilson & Company, Inc. and Morgan County Issued: February 28, 2011Topic Categories: Exactions on Development Requirements Imposed On Development A requirement that a new planned unit development contribute to affordable housing is an exaction, which must satisfy rough proportionality analysis. Since it has not been shown that more housing is needed due to …
Advisory Opinion 94
Download PDF version Parties: Mark Seiter and City of Lehi Issued: December 23, 2010Topic Categories: Exactions on Development Requirements Imposed On Development Exactions must satisfy rough proportionality analysis. A local agency is obligated to share the cost of an exaction that does not satisfy rough proportionality analysis. Paving a small portion of the street adjoining the development satisfies rough proportionality …
Advisory Opinion 91
Download PDF version Parties: Norman Schmehl for Susan Schmehl Family Protection Trust & Jill Olsen Taylor Trust and City of North Ogden and Weber-Box Elder Conservancy District Issued: October 6, 2010Topic Categories: Exactions on Development The requirement that the developer install a connecting pipe to a secondary water system is an exaction subject to rough proportionality analysis. Both the …
Advisory Opinion 79
Download PDF version Parties: Frederico & Loretta Buj and Iron County Issued: November 30, 2009Topic Categories: Exactions on Development Requirements Imposed On Development Subdividing property alone does not create the type of impact that requires installation of a fire suppression system. While there is a legitimate interest in fire safety, a local government may not require installation of a …
Advisory Opinion 77
Download PDF version Parties: Corry and Kristen Craig and City of Hyde Park Issued: November 9, 2009Topic Categories: Exactions on Development Requirements Imposed On Development Requiring a property owner to purchase property, construct a road, and dedicate that road to the public in order to obtain a building permit is an exaction, which must satisfy rough proportionality analysis. A …
Advisory Opinion 73
Download PDF version Parties: Waxie Enterprises, Inc and Salt Lake City Issued: August 31, 2009Topic Categories: Impact Fees Exactions on Development There was no evidence suggesting that the City’s Impact Fee Study was improper or did not comply with state law. Compliance with the Impact Fee Act confers a presumption of validity on the fees. In order to successfully …
