Download PDF version Parties: Deepwater Distribution Co. and Wasatch County Issued: June 17, 2010, clarified on August 25, 2010Topic Categories: Requirements Imposed On Development Interpretation of Ordinances The Utah Division of Drinking Water regulates culinary water systems and supplies, and does not have authority over fire suppression systems. Compliance with the Fire Code serves important public interests, but any …
Advisory Opinion 86
Download PDF version Parties: Peterson Development and City of West Jordan Issued: May 5, 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 public utilities.DISCLAIMER …
Advisory Opinion 83
Download PDF version Parties: Kristen Nilssen and City of Draper Issued: February 1, 2010Topic Categories: Requirements Imposed On Development Interpretation of Ordinances The City has a legitimate public interest in preventing harm due to geologic hazards such as subsidence or landslide. The benefits of a geologic review ordinance outweigh the burdens imposed upon property owners. An expert report should …
Advisory Opinion 82
Download PDF version Parties: John Lee and Town of Springdale Issued: January 19, 2010Topic Categories: Requirements Imposed On Development Interpretation of Ordinances The City properly designated a private drive as an “historic access.” A water line within the private drive was owned by the City, which had discretion to approve new hookups. All property is subject to entry in …
Advisory Opinion 79
Download PDF version Parties: Frederico & Loretta Buj and Iron County Issued: November 30, 2009Topic Categories: Exactions on Development Requirements Imposed On Development Subdividing property alone does not create the type of impact that requires installation of a fire suppression system. While there is a legitimate interest in fire safety, a local government may not require installation of a …
Advisory Opinion 77
Download PDF version Parties: Corry and Kristen Craig and City of Hyde Park Issued: November 9, 2009Topic Categories: Exactions on Development Requirements Imposed On Development Requiring a property owner to purchase property, construct a road, and dedicate that road to the public in order to obtain a building permit is an exaction, which must satisfy rough proportionality analysis. A …
Advisory Opinion 70
Download PDF version Parties: Craig Rasmussen, Property Owners in Beaver Creek Subdivision and Carbon County Issued: June 30, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Interpretation of Ordinances The County could withhold approval of building permits until the property owners showed that there was perpetual access to the properties from a public road. Access …
Advisory Opinion 69
Download PDF version Parties: Michael Cox and City of Willard Issued: May 18, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Subdivision Plat Approval A flag lot was properly created, and was allowed under existing City ordinances. The Property Owner’s right to develop the lot vested on the date the application was submitted. Even if …
Advisory Opinion 67
Download PDF version Parties: Christopher P. Gamvroulas, Ivory Development, LLC and City of West Point Issued: May 4, 2009Topic Categories: Requirements Imposed On Development Interpretation of Ordinances A development agreement’s requirement that “each dwelling unit shall not be less than 1300 square feet” is not ambiguous, and refers to total area, not above-ground area. The Agreement provides that a …
