Advisory Opinion 303

Download PDF version Parties: Lawrence and Kabrina Allen and the City of West Haven Issued: March 11, 2025 …Topic Categories: Impact Fees Exactions on Development The city’s storm water impact fee is not lawful where it is based on parcel size rather than impact on the storm water infrastructure.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to …

Advisory Opinion 295

Download PDF version Parties: Mountain Sunrise Academy and Saratoga Springs City Issued: October 1, 2024 …Topic Categories: Exactions on Development Impact Fees Act Although schools enjoy certain benefits with regard to impact fees, the development activity of schools, like any development that has an impact on a community, must pay its own way. The Impact Fees Act does not exempt …

Advisory Opinion 270

Download PDF version Parties: Yard AF, LLC; American Fork Issued: June 6, 2023 …Topic Categories: Impact Fees The City may require an apartment developer to pay an additional nearly $150,000 in additional impact fees that were miscalculated by the city and originally paid over a year ago. The city ordinances require that correct impact fees “in effect” be collected and …

Advisory Opinion 265

Download PDF version Parties: WDG Washington, LLC & Millcreek Partners, LLC / Washington City and Washington County Water Conservancy District Issued: March 22, 2023 …Topic Categories: Impact Fees Act We make the following conclusions on each of the eight questions raised: Habitat Conservation Impact Fee: Until and unless the City provides some sort of individualized determination that the impact fee …

Advisory Opinion 251

Download PDF version Parties: Oscar Bluth / Swiss Alpine Water Company Issued: January 20, 2022 …Topic Categories: Impact Fees Act Review Within a Reasonable Time … Private water companies providing water services necessary for land development as the only realistic source of water for its members are subject to certain provisions of the County Land Use Development and Management Act …

Advisory Opinion 242

Download PDF version Parties: Utah Valley Homebuilders Association / Eagle Mountain Issued: July 30, 2021Topic Categories: Impact Fees Act   The Utah Valley Home Builders Association raised a general challenge to Eagle Mountain City’s impact fee update by disagreeing with the city’s method of identifying the level of service and advancing alternative assumptions or considerations not adopted by the city …

Advisory Opinion 225

Download PDF version Parties: Weber School District and Pleasant View City Issued:  June 25, 2020Topic Categories: Impact Fees Act   School districts are afforded certain privileges under Utah’s Impact Fee Act. No impact fees may be assessed against a school district unless the construction of a school directly results in the need for additional improvements to public facility systems. The …

Advisory Opinion 206

Download PDF version Party: Central Weber Sewer Improvement District Issued:  December 21, 2018Topic Categories: Impact Fees Act   Central Weber Sewer Improvement District’s draft Sewer Impact Fee substantially complies with the Utah Impact Fees Act.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to ensure that the legal analysis of each Advisory Opinion is based on a correct …

Advisory Opinion 204

Download PDF version Parties: Ryan Walz; City of American Fork Issued:  December 12, 2018Topic Categories: Impact Fees Act   If a development will detain all of its storm water, and thus not use the City’s storm water system, it will have no impact on the City’s system. Thus the City cannot charge impact fees to the developer for storm sewer. …