Download PDF version Parties: Leon R. Day and Sanpete County Issued: March 11, 2009Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Subdivision Plat Approval A county may require that the Property Owner comply with its subdivision ordinance, because the parcel was not created by a valid subdivision. The parcel is not exempt from subdivision regulation, …
Advisory Opinion 58
Download PDF version Parties: Otto Belvedere and City of Payson Issued: December 4, 2008Topic Categories: Exactions on Development Requirements Imposed On Development Review of Warranty Work Local governments may require performance bonds to guarantee completion of improvements, and they may also require warranty bonds to guarantee new construction.DISCLAIMER The Office of the Property Rights Ombudsman makes every effort to …
Advisory Opinion 55
Download PDF version Parties: Jim Shea and Wasatch County Issued: November 12, 2008Topic Categories: Exactions on Development Requirements Imposed On Development Compliance with the fire code was a requirement expressed in statute at the time the Property Owner applied for the building permit. Requiring installation of a fire suppression system is an exaction, which must satisfy rough proportionality analysis. …
Advisory Opinion 54
Download PDF version Parties: Gary McDougal and City of Eagle Mountain Issued: November 5, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Requirements Imposed On Development Interpretation of Ordinances Setback requirements are primarily imposed when construction begins, but a developer may rely upon existing setbacks when designing a subdivision plat. To the extent that existing setbacks were relied upon, …
Advisory Opinion 53
Download PDF version Parties: Tim & Nancy Kriser and City of Mapleton Issued: October 22, 2008Topic Categories: Exactions on Development Entitlement to Application Approval (Vested Rights) Proceeding With Reasonable Diligence Requirements Imposed On Development Subdivision Plat Approval A city ordinance which voided a subdivision plat for failure to record was valid. Local governments may require construction and dedication of …
Advisory Opinion 50
Download PDF version Parties: Blake Hazen and Perry City Issued: September 15, 2008Topic Categories: Requirements Imposed On Development Subdivision Plat Approval The Utah Code imposed an obligation on the City to ensure that the amended plat for Plat I was recorded. The property owner was materially injured by the amendment, which reduced the area of the commercial lot, and …
Advisory Opinion 49
Download PDF version Parties: Jim Farrell, agent for Howard Kent and Grand County Issued: August 20, 2008Topic Categories: Exactions on Development Requirements Imposed On Development Requiring construction and dedication of a connector road (and a bond for the improvements) is an exaction, which must satisfy rough proportionality analysis. The condition was properly imposed, because it was proposed, discussed, and …
Advisory Opinion 44
Download PDF version Parties: Ryan Pool & Ron Smith and City of Draper Issued: June 26, 2008Topic Categories: Compelling, Countervailing Public Interests Requirements Imposed On Development A developer and a local government may enter a development agreement, but that agreement must comply with statutory and constitutional restrictions. A local government may not avoid constitutional limits on exactions through contract …
Advisory Opinion 43
Download PDF version Parties: Duane Johnson, D & D Concrete, Inc and Morgan County Issued: June 12, 2008Topic Categories: Entitlement to Application Approval (Vested Rights) Complete Land Use Application Requirements Imposed On Development A land use applicant is entitled to approval if the application conforms to land use regulations in effect when a complete application is submitted. There was …
