Download PDF version Parties: Uintah County and Galway Group, LLC Issued: August 2, 2007Topic Categories: Exactions on Development A subdivision plat may be amended or vacated as provided in the Utah Code, even if property owners do not agree with the proposal. No person may be required to accept ownership of property, if the property is not wanted.DISCLAIMER The …
Advisory Opinion 15
Download PDF version Parties: Brian Hofheins and Wasatch County, and Wasatch County Special Service District #1 Issued: April 27, 2007Topic Categories: Exactions on Development A requirement that a developer dedicate water rights is an exaction. An exaction must satisfy rough proportionality analysis. There was no showing that the amount of water required is roughly proportionate to the impact of …
Advisory Opinion 12
Download PDF version Parties: Jordan School District and City of West Jordan Issued: March 1, 2007Topic Categories: Exactions on Development Application Review Fees The City can require a school district to connect to the City’s water utility for a new school site, as long as the charges are reasonable. The City cannot require the District to connect to the …
Advisory Opinion 11
Download PDF version Parties: Michael Pierce, Utah Valley Real Estate, LLC and Pleasant Grove City Issued: March 1, 2007Topic Categories: Exactions on Development The applicant has no duty to provide land to extend a street through its subdivision. The City could impose a condition upon approval of the subdivision which would require the applicant to demonstrate that it has …
Advisory Opinion 10
Download PDF version Parties: Shawn Warnke, Grand County Administrator and Grand County Issued: February 7, 2007Topic Categories: Exactions on Development Requirements Imposed On Development It is reasonable to interpret the County’s Ordinance as requiring improvement to existing roads, if they related to a new development. Since the improvements are to an existing road that directly serves the new lots …
Advisory Opinion 8
Download PDF version Parties: Kim C. Datwyler, Neighborhood Nonprofit Housing Corporation and Smithfield City Issued: September 7, 2006Topic Categories: Exactions on Development Entitlement to Application Approval (Vested Rights) Compelling, Countervailing Public Interests Dedication of property for a park must satisfy “rough proportionality” analysis. Since the application appeared to satisfy the City’s ordinances, requiring additional access to the City’s road …
Advisory Opinion 7
Download PDF version Parties: Nathan Zollinger and Nibley City Issued: September 6, 2006Topic Categories: Exactions on Development Interpretation of Ordinances A local government may require connection to a sewer system, but only if the property is no more than 300 feet from the nearest sewer line. A ban on septic systems should not operate as a “back-door” approach to …
Advisory Opinion 1
Download PDF version Parties: Ivory Development and Taylorsville City Issued: July 5, 2006Topic Categories: Exactions on Development Compliance With Land Use Ordinances A municipality is bound by the terms and standards of its applicable land use ordinances and must comply with the mandatory provisions of its ordinances. When the ordinance uses the word “shall,” it indicates a mandatory provision.DISCLAIMER …
