Download PDF version Parties: Sean Brown, Deepwater Distribution Co., Inc. and Wasatch County Issued: July 6, 2011Topic Categories: Complete Land Use Application Requirements Imposed On Development Application Review Fees An application is not considered complete until all fees are paid, and all information needed to process the application is submitted. A local government may, by ordinance, require that some …
Advisory Opinion 102
Download PDF version Parties: Sean Brown, PCCARG Properties, LLC and Wasatch County Issued: July 6, 2011Topic Categories: Requirements Imposed On Development Interpretation of Ordinances A local government may impose requirements on new development that were not imposed on similarly-situated properties. The County has not forfeited its police power to impose the conditions even though previous permits were issued, and the …
Advisory Opinion 101
Download PDF version Parties: Mike & Carri Blackham and Garden City Issued: July 6, 2011Topic Categories: Requirements Imposed On Development Interpretation of Ordinances Local governments may charge fees for services or benefits provided. Operating a public water system confers distinct and tangible benefits on all properties served by the system, whether the property owners actually use the water service …
Advisory Opinion 100
Download PDF version Parties: Ken Macqueen and West Valley City Issued: June 20, 2011Topic Categories: Exactions on Development Requirements Imposed On Development Ordinance provisions concerning minimum and maximum setbacks, parking, and building size are generally applicable requirements, and are permissible, because it is reasonably debatable that they promote public purposes. Ordinances requiring dedication of property for public use are …
Advisory Opinion 96
Download PDF version Parties: Bruce Nilson, Nilson & Company, Inc. and Morgan County Issued: February 28, 2011Topic Categories: Exactions on Development Requirements Imposed On Development A requirement that a new planned unit development contribute to affordable housing is an exaction, which must satisfy rough proportionality analysis. Since it has not been shown that more housing is needed due to …
Advisory Opinion 94
Download PDF version Parties: Mark Seiter and City of Lehi Issued: December 23, 2010Topic Categories: Exactions on Development Requirements Imposed On Development Exactions must satisfy rough proportionality analysis. A local agency is obligated to share the cost of an exaction that does not satisfy rough proportionality analysis. Paving a small portion of the street adjoining the development satisfies rough proportionality …
Advisory Opinion 90
Download PDF version Parties: Jennifer Josephs and Park City Issued: August 26, 2010Topic Categories: Requirements Imposed On Development Interpretation of Ordinances Subdivision Plat Approval A local government may enact an ordinance providing for mandatory review and approval of lots created by illegal subdivisions. Property should not be subject to greater setbacks from a right-of-way that will never be developed …
Advisory Opinion 89
Download PDF version Parties: Old Ranch Neighborhood Group and Summit County Issued: August 17, 2010Topic Categories: Requirements Imposed On Development Interpretation of Ordinances A general plan is advisory unless local ordinances provide otherwise. The County requires that plans be consistent with the general plan. A proposal for development must be sufficiently detailed to determine if it complies with the …
Advisory Opinion 88
Download PDF version Parties: Lawrence Meadows and Park City Issued: July 14, 2010, clarified September 22, 2010Topic Categories: Requirements Imposed On Development Interpretation of Ordinances A local government has discretion to determine how and where new development connects to public utilities. Regulation by the Public Service Commission is not necessary to exercise eminent domain authority to acquire property for …
