Download PDF version Parties: Joseph H. Florence and Central Weber Sewer Improvement District Issued: June 30, 2009Topic Categories: Impact Fees Exactions on Development The Applicant carries the burden to show that the impact fees as enacted or as applied are unfair or illegal. The Developer has not met that burden.DISCLAIMER The Office of the Property Rights Ombudsman makes every …
Advisory Opinion 71
Download PDF version Parties: Joseph H. Florence and City of South Ogden Issued: June 30, 2009Topic Categories: Impact Fees Exactions on Development By using today’s replacement cost to calculate the impact fees rather than the actual cost expended when the system was constructed, the City is going beyond recoupment of actual costs as permitted by the Impact Fees Act. …
Advisory Opinion 66
Download PDF version Parties: Hylan Harper and City of South Jordan Issued: April 7, 2009Topic Categories: Exactions on Development Subdivision Plat Approval Developers may be required to construct and dedicate streets and sidewalks if the cost to the developer is roughly equal to the impact of the development on local services. Based on decisions from other jurisdictions, it appears …
Advisory Opinion 63
Download PDF version Parties: Tom Spencer, Fieldstone Homes Utah, LLC and City of Tooele Issued: March 10, 2009Topic Categories: Exactions on Development A local government may impose exactions on new development, which must satisfy rough proportionality analysis. Local governments may enter agreements with developers, but those agreements cannot bargain away police power or regulatory authority, and must comply with …
Advisory Opinion 58
Download PDF version Parties: Otto Belvedere and City of Payson Issued: December 4, 2008Topic Categories: Exactions on Development Requirements Imposed On Development Review of Warranty Work Local governments may require performance bonds to guarantee completion of improvements, and they may also require warranty bonds to guarantee new construction.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to …
Advisory Opinion 55
Download PDF version Parties: Jim Shea and Wasatch County Issued: November 12, 2008Topic Categories: Exactions on Development Requirements Imposed On Development Compliance with the fire code was a requirement expressed in statute at the time the Property Owner applied for the building permit. Requiring installation of a fire suppression system is an exaction, which must satisfy rough proportionality analysis. …
Advisory Opinion 53
Download PDF version Parties: Tim & Nancy Kriser and City of Mapleton Issued: October 22, 2008Topic Categories: Exactions on Development Entitlement to Application Approval (Vested Rights) Proceeding With Reasonable Diligence Requirements Imposed On Development Subdivision Plat Approval A city ordinance which voided a subdivision plat for failure to record was valid. Local governments may require construction and dedication of …
Advisory Opinion 51
Download PDF version Parties: Jeff Glines and Cities of Washington and St. George Issued: September 25, 2008Topic Categories: Exactions on Development Requiring construction of a secondary access road is valid, even if the road is located in another jurisdiction. The requirement is an exaction, which much satisfy rough proportionality analysis. The cost of the road must be roughly equal …
Advisory Opinion 49
Download PDF version Parties: Jim Farrell, agent for Howard Kent and Grand County Issued: August 20, 2008Topic Categories: Exactions on Development Requirements Imposed On Development Requiring construction and dedication of a connector road (and a bond for the improvements) is an exaction, which must satisfy rough proportionality analysis. The condition was properly imposed, because it was proposed, discussed, and …
