Download PDF version Parties: Ivory Development, LLC; Provo City Issued: August 27, 2018Topic Categories: Impact Fees Exactions on Development The overlay fee charged to the developer by the City is not an impact fee, because it is a fee for project improvements, which is plainly excepted from the definition of an impact fee under State law. Consequently, the City …
Advisory Opinion 200
Download PDF version Parties: Mitchell Development, Inc.; Provo City Issued: August 27, 2018Topic Categories: Impact Fees Exactions on Development The overlay fee charged to the developer by the City is not an impact fee, because it is a fee for project improvements, which is plainly excepted from the definition of an impact fee under State law. Consequently, the City …
Advisory Opinion 197
Download PDF version Parties: Andrea Franklin; Morgan County Issued: May 25, 2018Topic Categories: Impact Fees Act The County soccer facility in Morgan City is not currently identified in the County’s IFFP. Consequently, the County may not spend collected park impact fees on the facility unless it amends its IFFP to include that facility. The County may spend impact fees on …
Advisory Opinion 183
Download PDF version Parties: Wasatch School District, Heber City / Part 2 (Part 1 – Opinion #177) Issued: April 28, 2017Topic Categories: Impact Fees Heber City has imposed various impact fees against school construction projects of the Wasatch School District. Some of the imposed fees are valid under the Impact Fees Act, while others are not. – A local …
Advisory Opinion 177
Download PDF version Parties: Wasatch School District, Heber City / Part 1 (Part 2 – Opinion #183) Issued: November 30, 2016Topic Categories: Impact Fees Compliance with Mandatory Ordinances Interpretation of Ordinances Utah law requires that a building used for human occupancy connect to an accessible sewer line that is within 300 feet of the boundary of the property. This …
Advisory Opinion 170
Download PDF version Parties: Destination Homes, Inc., Legacy Neighborhoods, LLC and Golden Land Management, Inc. Issued: July 19, 2016Topic Categories: Impact Fees Kaysville City’s requirement that Destination Homes pipe the Joe Hill Ditch is an illegal exaction and a violation of Kaysville City ordinance. Kays Creek Irrigation Company has unequivocally determined that it will not distribute water in the …
Advisory Opinion 168
Download PDF version Parties: Kearns Improvement District Issued: June 30, 2016Topic Categories: Impact Fees Kearns Improvement District’s Draft Sewer Impact Fee and Draft Water Impact Fee both substantially comply with the 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 167
Download PDF version Parties: Salt Lake City, Price Bangerter/Distribution Issued: April 22, 2016Topic Categories: Impact Fees A city may impose impact fees on new development to help fund new infrastructure attributable to new growth. An impact fee is presumed to be valid unless a challenger can show that an imposed fee is unreasonable and inequitable in that it does …
Advisory Opinion 163
Download PDF version Party: Toquerville City Issued: 10/8/2015Topic Categories: Impact Fees Toquerville City has requested early review of its impact fees. The fee does not comply with the Impact Fee Act. A city must identify the system improvements upon which it intends to spend impact fees in its Impact Fees Facilities Plan. Moreover, a city must identify an existing …
