Download PDF version (opens in a new tab)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 …
Advisory Opinion 295
Download PDF version (opens in a new tab)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 …
Advisory Opinion 270
Download PDF version (opens in a new tab)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 …
Advisory Opinion 265
Download PDF version (opens in a new tab)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 …
Advisory Opinion 251
Download PDF version (opens in a new tab)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 …
Advisory Opinion 242
Download PDF version (opens in a new tab)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 …
Advisory Opinion 225
Download PDF version (opens in a new tab)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 …
Advisory Opinion 206
Download PDF version (opens in a new tab)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 …
Advisory Opinion 204
Download PDF version (opens in a new tab)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 …