Advisory Opinion 292

Download PDF version (opens in a new tab)Parties: Jeffrey Kummer / Sevier County Issued: August 23, 2024  Topic Categories: Exactions on Development  Requirements Imposed On Development  Subdivision Plat Approval The County has not met its burden of establishing that a dirt road over private property is an existing County right-of-way that had been dedicated by public use. Therefore, because the …

Advisory Opinion 288

Download PDF version (opens in a new tab)Parties: Wright Mind, LLC / Millcreek City Issued: June 27, 2024  Topic Categories: Compliance With Land Use Regulations  Entitlement to Application Approval (Vested Rights)  Subdivision Plat Approval Where a substandard property was created by deed without subdivision approval, the city’s recording of a notice of noncompliance on the property was an appropriate action …

Advisory Opinion 269

Download PDF version (opens in a new tab)Parties: Blaine K. Andersen; Hyrum City Issued: June 6, 2023  Topic Categories: TOPIC CATEGORIES: Compliance with Land Use Regulations Requirements Imposed on Development Subdivision Plat Approval State law requirements that cities provide notice of subdivision applications to certain nearby water conveyance facility owners to solicit feedback does not mandate that the subdivision approval …

Advisory Opinion 266

Download PDF version (opens in a new tab)Parties: Christensen Farms Lots LLC / Wasatch County Issued: March 24, 2023Topic Categories: Compliance with Land Use Regulations  Subdivision Plat Approval The county code’s requiring a development agreement for all “Large Scale” subdivisions did not violate state law’s prohibition on development agreements as the “only” option for development land within a county, because …

Advisory Opinion 262

Download PDF version (opens in a new tab)Parties: Land Development Solutions, LLC / Apple Valley Issued: October 5, 2022  Topic Categories: Compliance With Land Use Regulations  Proceeding with Reasonable Diligence  Requirements Imposed On Development  Subdivision Plat Approval A previous landowner’s subdivision approval made years prior that was left abandoned before completion and recording was no longer valid for purposes of …

Advisory Opinion 261

Download PDF version (opens in a new tab)Parties: Fox Hollow of Providence, Inc. / Providence City Issued: October 5, 2022  Topic Categories: Compliance With Land Use Regulations  Development Bonds  Interpretation of Ordinances  Requirements Imposed On Development  Subdivision Plat Approval Development agreements may not be mandated for all conventional subdivisions as the only option for developing property in the municipality. A …

Advisory Opinion 256

Download PDF version (opens in a new tab)Parties: Spencer Packer / Centerville Issued: May 11, 2022  Topic Categories: Compliance With Land Use Ordinances  Subdivision Plat Approval   The City appropriately approved a subdivision that was opposed by an adjoining landowner who claimed that certain easement interests he held in the subdivision property would be adversely affected by the proposed subdivision …

Advisory Opinion 254

Download PDF version (opens in a new tab)Parties: Ivins City Issued: April 13, 2022  Topic Categories: Entitlement to Application Approval (Vested Rights)  Subdivision Plat Approval   Vested rights apply to regulations applicable to a land use application or to the information shown on the submitted application. A subdivision approval creates developable lots. Typically, and assuming there isn’t a binding development …

Advisory Opinion 247

Download PDF version (opens in a new tab)Parties: Spring Creek Cove Development Corp, Murray City Issued: December 2, 2021Topic Categories: Exactions on Development  Requirements Imposed on Development  Subdivision Plat Approval The city’s requirement that irrigation canals be piped within new residential subdivisions is lawful, even where the developer must enter an agreement it finds “outrageous and illegal” to secure permission …