Download PDF version Parties: Steve Glezos, Salt Lake County, and the Unified Fire Authority Issued: June 2, 2015Topic Categories: Compliance With Land Use Ordinances Requirements Imposed on Development A public agency is not obligated to transfer a portion of its property to another public entity for a public use, simply because it is a public agency. It may choose …
Advisory Opinion 153
Download PDF version Parties: Coyote Development, LLC and Heber City Issued: February 24, 2015Topic Categories: Requirements Imposed on Development The owner of parcel identified as “privately owned open space” is not obligated to preserve that parcel as open space unless there has been a specific dedication to a public agency. Preservation of open space may be made a condition …
Advisory Opinion 148
Download PDF version Parties: Matthew Peterson and Hooper City Issued: November 21, 2014Topic Categories: Exactions on Development Requirements Imposed on Development Preserving waterways and protecting against flood damage are within local government authority. The means to carry out that authority are within a local government’s reasonable discretion. A setback to protect waterways and prevent flood damage is a reasonable …
Advisory Opinion 142
Download PDF version Parties: Bob Mason and Centerville City Issued: July 16, 2014Topic Categories: Compliance With Land Use Ordinances Requirements Imposed on Development The prior approval granted by the City did not specifically include approval for storage on the property. The site plan considered by the City’s Planning Commission was for a building expansion. Although storage on other areas …
Advisory Opinion 136
Download PDF version Parties: Highland City Issued: December 26, 2013Topic Categories: Exactions on Development Requirements Imposed on Development Interpretation of Ordinances A local government may allow voluntary dedications from developers for open space or parks, as long as the developer receives a fair exchange in the form of development concessions or other incentives. Since the dedications are voluntary, they …
Advisory Opinion 134
Download PDF version Parties: Ed Green and Layton City Issued: November 15, 2013Topic Categories: Exactions on Development Requirements Imposed On Development A city and a developer are bound to comply with the terms of a valid annexation agreement, even if the required construction is more than the developer’s proportionate share of the needed costs for the construction. An exaction …
Advisory Opinion 119
Download PDF version Parties: Travis S. Taylor and Saratoga Springs Issued: December 21, 2012Topic Categories: Exactions on Development Requirements Imposed On Development Development agreements are important land use tools, but like all public actions, they are subject to constitutional provisions guaranteeing property rights. If the circumstances which led to a development agreement are significantly altered, the obligations incurred by …
Advisory Opinion 106
Download PDF version Parties: Citizens for Responsible Government, Debie Wangsgard and City of Draper Issued: September 21, 2011Topic Categories: Requirements Imposed On Development Interpretation of Ordinances The conclusion that a Master Area Plan is not yet required is reasonable, and is supported by the language and intent of the ordinance. Allowing a road to be built within a required …
Advisory Opinion 104
Download PDF version Parties: Jeff Love and Park City Issued: July 27, 2011Topic Categories: Requirements Imposed On Development Interpretation of Ordinances Interpretation of ordinances starts with the language of the ordinance, and the purposes the ordinance is intended to promote. Although local governments have some discretion to control land use, a property owner’s right to the use and enjoyment of …
