Download PDF version Parties: Boyer Dixie, L.C., Washington City Issued: July 10, 2015Topic Categories: Impact Fees Charter schools are public schools under Utah law and enjoy unique treatment under the Impact Fee Act. Impact fees can only be charged to schools when development of the school directly results in the need for additional system improvements. Washington City must give …
Advisory Opinion 157
Download PDF version Parties: Southern Utah Homebuilder’s Association and Dixie Power Issued: April 30, 2015Topic Categories: Impact Fees The Impact Fees Act does not apply to charges imposed by a public utility. Local government bodies and private water suppliers are the only entities subject to the Act, and a utility company, even a cooperative, is not required to comply. …
Advisory Opinion 155
Download PDF version Parties: City of Herriman Issued: April 14, 2015Topic Categories: Impact Fees Herriman City has requested early review of its Parks, Trails, and Recreation Impact Fee. This impact fee substantially complies with the Utah Impact Fees Act. Herriman’s “investment per thousand” method is a valid measure of level of service. The City’s Plan adequately identifies capacity to …
Advisory Opinion 151
Download PDF version Parties: Roger Cranney and Brigham City Issued: December 19, 2014Topic Categories: Impact Fees “Development Activity” consists of two parts: New construction, installation, or a change in land use; and an increased demand on public facilities. It is not the extent, but the existence of increased demand due to new construction that allows an impact fee. The …
Advisory Opinion 147
Download PDF version Parties: Camm & Jan Arrington and Town of Mantua Issued: October 31, 2014Topic Categories: Exactions on Development Impact Fees A fee charged to fund capital facilities (including water rights), which is imposed as a condition of approval, is an impact fee, and must comply with the Impact Fees Act. A fee that was not imposed as …
Advisory Opinion 138
Download PDF version This Advisory Opinion reconsiders Advisory Opinion 132 and supersedes it in part as set forth in this Opinion Parties: Gordon L. Miner and the City of Lehi Issued: March 25, 2014 Reconsidered Opinion – Original Opinion #132, Issued on October 25, 2013Topic Categories: Impact Fees Act Interpretation of Ordinances The Impact Fee Act requires certain information …
Advisory Opinion 132
Download PDF version This Advisory Opinion has been reconsidered and superseded in part by Advisory Opinion 138 after the applicant submitted additional information. Parties: Gordon L. Miner and the City of Lehi Issued: October 22, 2013Topic Categories: Impact Fees Act Impact fees are presumed valid when properly adopted. A party challenging an impact fee has the burden to prove …
Advisory Opinion 129
Download PDF version Parties: Gordon Miner and the Timpanogos Special Service District Issued: July 31, 2013Topic Categories: Impact Fees Act Impact fee analysis should follow the guidelines of the Impact Fees Act, and determine the fair allocation of capital costs that should be borne by new development. The Act does not endorse or prohibit any valuation methodology, and any …
Advisory Opinion 73
Download PDF version Parties: Waxie Enterprises, Inc and Salt Lake City Issued: August 31, 2009Topic Categories: Impact Fees Exactions on Development There was no evidence suggesting that the City’s Impact Fee Study was improper or did not comply with state law. Compliance with the Impact Fee Act confers a presumption of validity on the fees. In order to successfully …
