RE: Question for Utah Planners

 
From: "Scott Hess via Utah Chapter APA Listserv" <utahapa@PROTECTED>
In-Reply-To: Question for Utah Planners
Date: January 11th 2024

Hello Samantha,

 

John Janson is correct. The change happened last year in HB406, lines 1137 through 1144: https://le.utah.gov/~2023/bills/static/HB0406.html

 

 (i) A municipality may not unreasonably withhold issuance of a certificate of
1138     occupancy where an applicant has met all requirements essential for the public health, public
1139     safety, and general welfare of the occupants, in accordance with this chapter, unless:
1140          (i) the applicant and the municipality have agreed in a written document to the
1141     withholding of a certificate of occupancy; or
1142          (ii) the applicant has not provided a financial assurance for required and uncompleted
1143     [landscaping] public landscaping improvements or infrastructure improvements in accordance
1144     with an applicable ordinance that the legislative body adopts under this chapter.

 

Unless there is a written document (development agreement or otherwise) the municipality cannot withhold CofO for private landscaping improvements.

 

Great question, thank you!

 

 

Scott A. Hess

North Ogden City

Community and Economic Development Director

(801) 737-9841

northogdencity.com

 

From: Samantha DeSeelhorst via Utah Chapter APA Listserv <utahapa@PROTECTED>
Sent: Thursday, January 11, 2024 12:18 PM
To: Utah Chapter APA Listserv <utahapa@PROTECTED>
Subject: [UAPA] Question for Utah Planners

 

  From: SDeSeelhorst@PROTECTED Hi all,   As an alternative to requiring single-family lots be landscaped prior to certificate of occupancy, has anyone used landscaping bonds?   If so,

sophospsmartbannerend

 

From: SDeSeelhorst@PROTECTED

Hi all,

 

As an alternative to requiring single-family lots be landscaped prior to certificate of occupancy, has anyone used landscaping bonds?

 

If so, do you use a flat amount or customize the bond calc to the scope of the approved landscaping plan?

 

Many thanks!

 

Samantha J. DeSeelhorst

Senior Planner

City of Cottonwood Heights

 

O: 801-944-7069

C: 385-630-6042

 

 

Disclaimer: The city’s Community and Economic Development Department strives to provide the best customer service possible and to respond to questions as accurately as possible based upon the information provided. However, information provided informally and/or prior to application is not binding and is not a substitute for formal final action, which may only occur in response to a complete application to the Community and Economic Development Department. Those relying on verbal input or preliminary written feedback do so at their own risk and do not vest any property with development rights.

 

 

 

                                                           

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