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Animal Control

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1. How many dogs and cats can I have?

City Code Section 9.1.180. Number of Animals. It shall be unlawful for any person to have charge, care, or custody of more than 3 dogs. It shall be unlawful for any person to have charge, care, or custody of more than 4 Cats.

2. What are the rules about dogs barking?

City Code Section 9.1.150. Dogs Which Disturb Neighborhood. No person shall own, keep, or harbor any dog which by loud, continued, or frequent barking, howling, yelping, or by noxious or offensive odors shall annoy, disturb or endanger the health or welfare of any person or neighborhood. A violation of this section shall be a class B misdemeanor, and such is hereby declared a public nuisance, and each day the violation is permitted to exist or continue shall constitute a separate offense. This section shall not apply to the City Animal Shelter, Veterinary, or medical laboratories.

3. What can I do about my neighbor’s dog running loose all the time?

City Code Section 9.01.05. Dogs Running at Large:

1. It shall be unlawful for the owner or keeper of any dog to permit such dog to run at large.
2. It shall be unlawful for the owner of a dog to permit such dog to go upon the private property of any person without the permission of the owner or person entitled possession of such private property.
3. The owner of any dog running at large shall be deemed in violation of this section regardless of the precautions taken to prevent the escape of the dog and to prohibit it from running at large.
4. Any dog running at large in violation of the provisions of this section is hereby declared to be a public nuisance and a menace to public health and safety, and the dog shall be taken and impounded as provided herein.

4. What about dogs attacking my dog or cat?

City Code Section 9.1.10: “Attacking dogs. It is unlawful for the owner or person having charge, care, custody, or control of any dog to allow such dog to attack, chase, or worry any person, any domesticated animal having commercial value, or any species of hoofed protected wildlife, or to attack domestic fowl. “Worry,” as used in this section, means to harass by tearing, biting, or shaking with the teeth.” For more information regarding animals, view the City Code Chapter 9 - Animals (PDF).

5. Does my dog need to be licensed?

City Code Section 9.2.01: "It is unlawful for any person to keep, or harbor or maintain any dog 4 months old and older unless such dog has been registered and licensed in the manner herein. The owner or custodian of any dog shall obtain a license for the animal within 30 days after the dog reaches 4 months, or, in the case of a dog over 4 months, within 10 days of the acquisition of the dog. A person seeking a dog license shall be 18 years of age or older.” For more information regarding animals, view the City Code Chapter 9 - Animals (PDF).

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Civic Events

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1. Where can I find more information about the Carnival?

For carnival opening times and information go to the  Carnival Information page.

2. When and where can I buy presale carnival all day wristbands?

Information on presale carnival wristbands can be found on the carnival information page in the Splash Days section of the website.

3. Who is performing at Splash this year?

The Civic Events Coordinators and the City celebrations Committee work hard to find fun, family friendly for our Splash Days concerts and entertainment. For detailed information refer to the Friday Page in the Daily Details section.

4. What food vendor's will be at each event?

The food vendor's for each event are listed in the event description on the Event Details Here.

5. Where do I apply to be a food vendor?

We have contracted with the Food Truck League to provide the food vendors for most of the events for Saratoga Splash Days. 

6. What is the difference between a boutique vendor and a community fair vendor?

 A Boutique vendor has products they are selling for profit. The Boutique is Friday and Saturday. Fore more information on being a vendor of he Splash Days Boutique go to the Splash Days Boutique Page.

A Community Fair Vendor is a local business that is providing a free activity at their booth. We hold a community fair as part of the Fall Festival. For more information on that event go to the Fall Festival Page.

7. How do I register to participate in Splash events?

Parade Registration Page 

 Pickleball Tournament Registration and Information Page

Car Show Registration and Information Page 

Boutique Information and Registration Page

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Code Enforcement

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1. What is that loud bang I keep hearing?

The answer could be several different uses in and around the City of Saratoga Springs. On the very far south end of the City, Dyno Nobel operates a manufacturing and testing facility for commercial grade explosives. On the North end of the City, Camp Williams operates several firing and artillery ranges. During training Camp Williams informs the public and the City when these training events are taking place. In addition there is a rock quarry off of Pioneer Crossing on the boarder of Eagle Mountain and Saratoga Springs, and South of the city along Redwood Road.

2. Can I put up yard/garage sale signs?

Yes, city code 19.18.07(2) has specific information for home owners. No signs may be placed on street signs, or stop signs, or any property without the owners’ permission.  See the City sign code: Sign Regulations Code

3. What are the rules about trailers and boats parked on the street?

City Codes in Section 13.08.05. It shall be unlawful to park or keep any trailer, unattached camper, or boat on a public street.

4. What are the rules about motorized vehicles parked on the street?

City Code Section 13.08.06. It shall be unlawful to park any vehicle in the same location on a public street for a continuous period of time exceeding forty-eight (48) hours. 

City Code Section 13.08.08. Every vehicle while parked upon the public highways, streets, alleys, or City-owned parking lots in the City of Saratoga Springs, shall:

1. Be registered in the name of the owner thereof in accordance with the laws of Utah;
2. Display in proper position two valid, unexpired license (registration) plates, one on the front and one on the rear of such vehicle; and
3. When required, have current validation or indicia of registration attached to the rear plate and in a manner complying with the laws of the state of Utah, and such plate shall be free from defacement, mutilation, and sight obscuring matter so as to be plainly visible.

However, if such vehicle is not required to be registered in Utah, and the indicia of registration issued by another state, territory, possession or district of the United States, or of a foreign country, complies with the laws of Utah and substantially complies with the provisions hereof, such registration shall be considered as compliance with this section.

5. Can I store RVs, cars trucks, and trailers on my property?

Generally the answer is yes, remember to check with your HOA for any additional restrictions.  Parking of vehicles including trailers is allowed on private property. All vehicles must be owned by a resident currently living in the home and all vehicles parked on an improved surface, registered, and operable. No vehicles may be parked on or across the sidewalk. Vehicle storage for any non-residence or someone not currently living in the home is strictly prohibited in residential zones. For more information see the City code here: Off Street Parking

6. What is the ordinance on fences? How tall, what type?

Fences are permitted mainly without permits, remember to check with your HOA for any additional restrictions. See the city code at: Landscaping & Fencing Code

7. When does my yard have to be landscaped?

City Ordinance 19.06.08 requires all residential lots to have front yards landscaped within 1 year and backyards within 2 years after receiving a Certificate of Occupancy.

8. Does the city require certain trees in certain areas?

Yes, The City has established a list of recommended trees for certain areas in the city. You can see the complete list here: Recommended Tree & Plant Palate

9. What is the ordinance on weeds?

City Ordinance Section 10.10.03.10B. Weeds shall not be permitted to reach a height of more than 6 inches at any time.

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General

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1. Does my dog need to be licensed?

City Code Section 9.2.010: "It is unlawful for any person to keep, or harbor or maintain any dog 4 months or more old unless such dog has been registered and licensed in the manner herein. The owner or custodian of any dog shall obtain a license for the animal within 30 days after the dog reaches 4 months, or, in the case of a dog over 4 months, within 10 days of the acquisition of the dog. Person seeking dog license shall be 18 years of age or older.” For more information regarding animals, view the City Code Chapter 9 - Animals (PDF) document.

2. What is the ordinance on weeds?

City Ordinance Section 10.10.04.9B states that weeds shall not be permitted to reach a height of more than 6 inches at any time.

3. Can I pay my city utilities online?

Payments for water, sewer, garbage and recycling can all be paid online by visiting the Xpress Bill Pay.

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Library

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1. I want to get a card here, but I live just outside of the city limits. I guess technically I live in Eagle Mountain or Lehi, why do I need to pay for a non-resident card?

Did you know that libraries are supported by the taxes you pay to your city? Libraries aren’t actually free. It costs money to purchase shaker eggs and scarves, books and speakers, paper towels and sanitizer. The library uses the funds it receives from taxes to provide the programs for its cardholders. Like most educational programs, the library works on a tight budget and every cent counts. When you pay your city taxes, you are helping the library in your city. We’d love to invite everyone to attend our programs! Having more kids come does mean we need to purchase more shaker eggs and other items, though, and our space is small, so we need to limit the amount of kids that come at once - which is why we ask for those that attend our programs to have a card with the Saratoga Springs Public Library and to register for the  program. If you’re a resident, awesome! Thanks for supporting us! If you’re a non-resident of our city but want to use our library, awesome! We’re glad literacy and early childhood education is important to you. Non-residents can come read our books in the library and play at Community Play for free; if they want to utilize the full benefits of our library, such as attending programming and being able to check out & take home the awesome array of items we have, we ask them to pay for a card because their tax money doesn’t go to our city. 

 

2. Why do I have to register for a program?

We require program registration for several reasons:

1. To limit group size so that our staff can better serve you.

2. To prepare the appropriate amount of supplies. 

3. To ensure we are serving Saratoga Springs residents and Library Card holders first. There are a large number of non-residents who wish to use our services. Our funding is provided by Saratoga Springs City tax payers. Allowing them to register first ensures we are providing residents access to the services they pay for. 

3. Do you have a meeting room?

At this time the Library does not have a meeting room, conference room, or dedicated study space. The library is in a space that is less than 3,000 square feet . We have 3 two-person tables for seating that are available to customers outside of the scheduled programs.

4. Do you have a study room?

At this time the Library does not have a dedicated study space. The library is in a space that is less than 3,000 square feet . We have 3 two-person tables for seating that are available to customers outside of the scheduled programs.

5. Do I need a card to check out books?

Yes, a library card is needed to check out items from the library.

6. How do I obtain a library card?

Saratoga Springs Residents are eligible for a library card for free. You need to have current picture identification printed with your name and current Saratoga Springs address.  We will also accept picture identification and recently delivered mail or pay stub, current auto insurance card or current year property tax notice with your name and current Saratoga Springs address printed on it.

7. Can I access my account online?

• Log into your account online
• Use the number on the back of your library card as your card number
• Use the last four digits of your library card as your password/PIN
• You may change your password once you are logged in
• You may place holds, view your checkouts, search our catalog, and choose your notice options from within your account. 

8. How do I add someone else to my card?

1. Visit our catalogue at sscity.bywatersolutions.com 
2. Log into your account using your card number and PIN.
3. Click on "Your Personal Details"
4. Add an "Alternative Contact" and "Submit update request." 

9. Why am I being charged for a lost or damaged book?

When you received your library card, you agreed to be responsible for all fines, damages, losses and collection fees associated with your account.

10. How many books can I check out?

An adult card for individuals over 18 can have as many as 100 items checked out and are limited to 20 DVDs, 5 video games, and 3 kits. A youth card for individuals under the age of 18 can have as many as 30 items checked out and are limited to 20 DVDs, 5 video games, and 3 kits. 

11. How long can I keep the items?

The check-out period for books, kits, & audio books is 21 days. Video games, Equipment, Launchpads, Libary of Things, and Recreation Equipment are checked out for 14 days. DVDs are checked out for 7 days. An email receipt of your check out is automatically sent to the email address on file. 

You are also able to check the date due, renew items, and check how many items you have out on our library catalog website.

12. Can I renew my stuff?

All items, except for Interlibrary Loans, can be renewed 3 times (as long as there are no holds on the item) with the exception of Equipment, Launchpads, Library of Things, and Recreation Equipment which will only renew 1 time.  If items are able to renew we will do so for you automatically and will send  the email address on file an auto renewal notice. 

13. Is there an app for that?

Yes. Use:

• Libby to access downloadable digital materials.

14. I've forgotten my PIN. Can I reset my PIN?

Helpful Hint: try the last four digits of your card number as your password if it’s your first time logging in. 

You may change your pin once you are logged in online or by calling the library during open hours at 801-766-6513. You must have your card number available for us to access the account. We can only reset the PIN to the last four digits of the account number.

15. How much will I have to pay if my items are returned late?

Our fines and fees are:

• 25¢ per day per item for books and kits
• 50¢ per day per item for DVDs and video games
• $0.75 per day per item for Equipment, Library of Things, Launchpads, and Recreation Equipment

16. If I find a ripped or loose page in a book I checked out, can I just tape it?

Please do not tape any books or pages. The library uses special glue to fix ripped, torn or loose pages and covers. Tape is actually bad for the paper the books are printed on. So, if you accidentally rip a page or find a torn or loose page, please gather the pieces and let a librarian know about the damage when you bring the item back. In most cases there won't be a charge for ripped pages.

17. Can I access the Internet at the library?

Internet is available to use in the library. You can use one of our computers- Microsoft Office 2010 word processing, PowerPoint and spreadsheet programs are available.  Printing is available from the library computers; there is a 10¢ charge for each black and white page printed, and color pages are charged at 25¢ each.

We also offer wireless. Printing is not available from the wireless.

18. Can I print?

• Printing is available. 
• Print jobs delete after 48 hours. 
• Print wirelessly from all mobile devices, including laptops, tablets and smartphones.
  Submit print jobs from home or in the library through http://www.saratogaspringscity.com/1070/Wireless-Printing . 
• $0.10 for each black and white page
• $0.25 for each color page
• We will not print to specialized paper. 
• Printers are located at the circulation desk. 

19. If you don’t have a book I need, what can I do?

Fill out the "Request a Title" form on our website. Please understand that we may not purchase every request if it does not meet our collection development policy. 

If you have a current Saratoga Springs Library card, interlibrary loan of some items from other libraries is available.  We will only process requests for items we do not have in our catalog.  There is a form available at the library that you need to fill out. The process takes 2 to 3 weeks and there is a $3.00 fee to help cover postage costs. If we receive the item you request, you are responsible for the $3.00 fee regardless of the condition of the item or if you no longer require the item.

20. Do you have any eBooks?

As a patron you can have access to eBooks and eAudiobooks by going to Utah’s Online Library or through the Online Resources page of our site.

21. Can I use my debit / credit card to pay my fines and fees?

The library will accept VISA and MasterCard for charges of $1.00 or more. You can also choose to log into your account online and pay via PayPal. 

22. Do you have an outside / after hours book drop?

Yes, our outside book drop and media drop are located on the southwest corner of the library building.

23. Am I notified if I have overdue items?

The library can now email a pre-overdue notice to you if you have registered your email address with the library. This will be sent out 2 days prior to the due date of items.

We would also like to remind patrons that this is a courtesy service. If patrons do not receive the notice, due to error on our part or theirs, patrons are still responsible to turn in their items on the date they were told when they checked those items out, or there will be fines assessed to the account.

We will send you an overdue notice on days 7, 14, and 30  after your items are due back at the library. You will receive a final mailed notice to the address on file when your items are 30 days overdue. Any library cards which have more than $50 in overdue or damaged items fines will be sent to our collections agency.

You are always welcome to call to find out when your items are due or access your account online through our website.

24. What if I am not receiving emails from the library and I have given them my email address?

If you are not receiving emails from the library, do the following:

1. Check with Library Staff to make sure we have your current / correct email address.
2. Check your spam and mark any items received from ByWater Solutions or library@saratogaspringscity.com as safe.
3. If these do not solve your problem contact your email provider for any possible solutions.

25. Do you accept donations?

If you wish to donate books:

• Be sure they are in new condition.
• Check to be sure they have been published within the last 5 years. 
• Donations must be brought in a bag, tote or box that you do not want returned. 
• Call ahead and make an appointment to donate more than 1 box at one time. 
  • Due to our space we may only be able to accept a specific number of boxes at a time. 

All donations become property of the Library and the Library reserves the right to use them according to its needs. The library is under no obligation to add materials to the collection or to notify the donor of disposition of items. We do not accept magazines, VHS tapes, textbooks, newspapers and some other formats. Please check our Collection Development Policy for more information. 

26. Do you offer proctoring services?

Check the proctoring section of our website for this information. If you still have questions please give us a call.

27. Can I get a non-resident card?

As a non-resident you will be able to purchase a library card at a cost of $40.00 per card for six months, or $80.00 per card for 12 months. This card would give you access to services offered by the Saratoga Springs Library including programming, materials, and digital services.

More About How to Get a Card

28. Is the library a member of the North Utah County Library Cooperative?

Saratoga Springs is no longer a member of the North Utah County Library Cooperative as of November 30, 2019. We will apply for membership once we have a collection of 50,000 items or 2.5 items for every resident of Saratoga Springs.

Participating Libraries are American Fork City Library, Eagle Mountain Library, Highland City Library, Lehi City Library and Pleasant Grove City Library.  

29. Can someone else use my account?

1. Visit our catalogue at sscity.bywatersolutions.com
2. Log into your account using your card number and PIN
3. Click on "Your Personal Details"
4. Add an "Alternative Contact" and "Submit Update request"

30. How can I help?

1. Amazon

   Amazon will now donate 0.5% of the price of your eligible AmazonSmile purchases when you shop at AmazonSmile. Select the Friends Of The Library - Saratoga Springs Utah to ensure your donation gets to the Library. 

2. Donate

   We rely heavily on monetary donations to provide the services our community needs.

3. Friends of the Library

   The Friends of the Library is our 503(c) non-profit fundraising organization. Interested in learning more about how the Friends of the Library support the Saratoga Springs Public Library? Contact Donna Nyborg at 219-241-1611 with any questions. 

4. Volunteer

   The library has a variety of volunteer opportunities including story tellers, shelvers, or one-time service projects.

31. Who are the Friends of the Library?

The Friends of the Library are intended to be a non-profit fundraising group for the library. Once funds are raised the Library has to request access to funds for a specific purpose that can be voted on and approved by the Friends of the Library Board. For more information about the Friends contact friendsofsslibrary@gmail.com. The Friends are actively recruiting members to re-establish this volunteer group and nominate officers. 

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Police - Parking Enforcement

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1. What are the rules about trailers and boats parked on the street?

City Codes in Section 13.08.05. It shall be unlawful to park or keep any trailer, unattached camper, or boat on a public street.

2. What are the rules about motorized vehicles parked on the street?

City Code Section 13.08.06. It shall be unlawful to park any vehicle in the same location on a public street for a continuous period of time exceeding forty-eight (48) hours. 

City Code Section 13.08.08. Every vehicle while parked upon the public highways, streets, alleys, or City-owned parking lots in the City of Saratoga Springs, shall:

1. Be registered in the name of the owner thereof in accordance with the laws of Utah;
2. Display in proper position two valid, unexpired license (registration) plates, one on the front and one on the rear of such vehicle; and
3. When required, have current validation or indicia of registration attached to the rear plate and in a manner complying with the laws of the state of Utah, and such plate shall be free from defacement, mutilation, and sight obscuring matter so as to be plainly visible.

However, if such a vehicle is not required to be registered in Utah, and the indicia of registration issued by another state, territory, possession, or district of the United States, or of a foreign country, complies with the laws of Utah and substantially complies with the provisions hereof, such registration shall be considered as compliance with this section.

Code 11.3.090. Snow Removal From Streets:

1. In order to facilitate the speedy and safe removal of snow from City streets, it is illegal for the owner or driver of any vehicle to park or cause or allow to be parked such vehicle upon a City street or right-of-way of a City street during or following a snowstorm and the City's snow removal equipment is being utilized to remove the snow. For more information, please see Snow Removal.

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Police - Victim Services - Affects on Children

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1. How much physical child abuse is associated with domestic violence?

About 50% of children in families with domestic violence will also be physically abused.

• Older children may be harmed because they try to protect a parent.
• Children may get indirect injuries by flying objects intended to hit the other parent.
• Infants have been hurt while being held by a parent when the abuser strikes them.
• Abusers may use the children in order to control their partner. For example, an abuser may threaten to harm or kidnap the children to stop his/her partner from leaving.

2. How does domestic violence change a child's life?

Whether or not the children are physically abused, they will always suffer emotional and mental trauma from living in a violent family.

• Children raised in abusive homes may believe that violence is the way to resolve problems.
• Children may have problems eating and sleeping due to stress. They end up suffering from lack of sleep and nutrition.
• Children may slip back into more childish behaviors, such as thumb-sucking, nail-biting and bed-wetting.
• The stress can cause them to do poorly in school and have problems getting along with other children.
• Children are more likely to have stress related ailments such as: headaches, ulcers, stomach aches and rashes.
• Children often have problems with depression, anxiety, fear and guilt that they carry into their adult life.
• They may live in constant fear of injury to their parent or themselves.
• They may have mixed feelings and feel guilty that they still love the abuser.
• Teenagers may run away, be involved in juvenile crime or enter abusive relationships themselves.

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Public Works - Storm Water

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1. What is Storm Water?

Storm water is the runoff from precipitation (rain or snow melt) that is not absorbed into the ground and flows over land surfaces entering our lakes and streams. As the water travels across land it collects debris, sediment, yard waste, engine oils, lawn fertilizers, herbicides, and other pollutants that negatively impact our lakes, streams and drinking water.

2. What is the City doing?

The City has put together and is implementing a Storm Water Management Plan. The Plan aims to educate and involve the community, provide guidelines and requirements to minimize pollutants caused by construction activities, improve and maintain current storm drain infrastructure, and minimize illicit discharges into the storm drain system.

3. What is NPDES?

About the National Pollutant Discharge Elimination System (NPDES)

The NPDES permit program, created in 1972 by the Clean Water Act (CWA), helps address water pollution by regulating point sources that discharge pollutants to waters of the United States. The permit provides two levels of control: technology-based limits and water quality-based limits (if technology-based limits are not sufficient to provide protection of the water body).

Under the CWA, EPA authorizes the NPDES permit program to state, tribal, and territorial governments, enabling them to perform many of the permitting, administrative, and enforcement aspects of the NPDES program. In states authorized to implement CWA programs, EPA retains oversight responsibilities. Currently 46 states and one territory are authorized to implement the NPDES program.

Learn more about NPDES.

4. What is NPDES?

About the Utah Pollutant Discharge Elimination System (UPDES)

The Utah Pollutant Discharge Elimination System (UPDES) is the Utah version of the National Pollutant Discharge Elimination System (NPDES), which is the permit system mandated by § 402 of the Clean Water Act to control pollutants in waters of the U.S., including storm water. The Utah Storm Water Program is part of the UPDES Program.

To view the Utah Department of Environmental Quality’s Stormwater site, click here.

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Residents

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1. What are the City's office hours?

Hours of Operation

Monday - Thursday

7 a.m. - 6 p.m.

Friday

8 a.m. - 5 p.m.

2. What is the garbage and recycling pick up schedule?

View the 2023 Garbage and Recycling Calendar and the *NEW* 2024 Garbage and Recycling Calendar

3. Can I pay my city utilities online?

Payments for water, sewer, garbage and recycling can all be paid online by visiting the Xpress Bill Pay.

4. What are the election precincts and voting locations?

5. How do I reserve a park pavilion?

Click here For information on Pavilion Rentals. 

6. When do I need a Building Permit for a Shed?

To fully understand when a resident needs a building permit for a shed view the Building Shed Permit page.

7. Can I license my dog in Saratoga Springs?

You can license your dog at the City offices. We need a copy of current immunization records, including rabies shots, and the fee. For more information visit the Dog Licensing page.

8. What do I do if I go to the Marina and there isn’t a person in the guard shack at the Saratoga Spring Public Marina? How do I enter? How do I get a year pass?

If there is no attendant is on duty at the marina you must put your day payment in the self-pay envelope or come to the City Offices to obtain a pass. Additionally, annual passes are available for purchase at the City Offices.

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Vested Rights & Proposition 6

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1. What is a vested right?

A vested right is a right that a property owner has to approval for his or her land use or development application, which cannot legally be taken away until the right expires⁽²⁾. The vested right includes the right to have the land use allowed or the application approved by the City⁽³⁾.

Sources

(2) Western Land Equities, Inc. v. City of Logan, 617 P.2d 388, 396 (1980)

(3) Western Land Equities, 617 P.2d at 391 (holding that an applicant is entitled to favorable action if the application conforms to the zoning ordinance in effect at the time of the application)

2. What is a land use?

A land use is any use of land, including homes, town homes, apartments, businesses, farms, schools, churches, etc⁽⁴⁾. Allowed land uses are listed in the Land Development Code (“LDC”) as permitted or conditional uses⁽⁵⁾. Anything not listed as a permitted or conditional use is not permitted and is illegal unless it has been grandfathered in⁽⁶⁾.

Sources

(4) Chapter 19.04, Saratoga Springs Land Development Code (“LDC”)

(5) LDC § 19.04.07

(6) LDC § 19.04.04(2)

3. What is an application?

A development application includes an application for approval of a development agreement, annexation agreement, preliminary or final plat, conditional use, site plan, district area plan, community plan, village plan, etc.⁽⁷⁾.

Source

(7) LDC §19.13.04 and Chapter 19.26

4. When does a vested right occur?

A property owner has a vested right beginning when a complete application is filed-if the application meets City ordinances at the time the application was filed-lasting all the way through application approval and until the approval expires⁽⁸⁾. If the City approves the application, the property owner still has a vested right even if the application did not meet the City ordinances at the time the application was filed if the time limit to appeal has expired, which is either 10 days or 30 days after a decision⁽⁹⁾. For example, if the City approved an application and mistakenly believed it met the zoning requirements, and in fact it did not, the vested right would occur if an appeal or lawsuit was not filed before the time period to appeal expires⁽¹⁰⁾.

Sources

(8) Western Land Equities, 617 P.2d at 391

(9) Utah Code Annotated § 10-9a-801(2); LDC § 19.03.20(1); see Fox v. Park City, 200 P.3d 182 (Utah 2008) (holding that upon discovering that a building permit was issued despite not being in accordance with City Code, no appeal can be granted after the appeal period ends); see also Lund v. Cottonwood Meadows Co., 392 P.2d 40 (Utah 1964)

(10) Utah Code Annotated § 10-9a-801(2); LDC § 19.03.20(1); see Fox v. Park City, 200 P.3d 182 (Utah 2008) (holding that upon discovering that a building permit was issued despite not being in accordance with the city code, no appeal can be granted after the appeal period ends); see also Lund v. Cottonwood Meadows Co., 392 P.2d 40 (Utah 1964)

5. When does a vested right expire?

If a land use is already established, the vested right lasts forever, except for a few exceptions in Utah law⁽¹¹⁾. In the case of development agreements, annexation agreements, district area plans, community plans, and village plans, the vested right and approval lasts until the agreement expires or until the time specified in the approval⁽¹²⁾. For site plans, conditional uses, and plat approvals, the vested right expires at the time specified by City ordinances⁽¹³⁾.

Sources

(11) Utah Code Annotated § 10-9a-510(2)

(12) See Tooele Associates Ltd. Partnership v. Tooele City, 2012 UT App 214. The Tooele court held that a City has a contractual obligation to uphold a development agreement and treat the developer fairly and in good faith. A City cannot hinder the developer’s performance of the contract or withhold additional approvals needed for the developer to proceed in accordance with the development agreement. The City cannot breach their own contractual obligations, despite any minor breaches of the other party

(13) Judkins v. Fronk, 234 P.2d 849 (Utah 1951). In this case, the property owner was issued a building permit for a gas station; thus, he had a vested right to build despite the fact that the zoning changed shortly thereafter. However, the court held that upon the expiration of that permit, no vested right existed

6. Can the City, or the citizens through an initiative or referendum, take away a vested right?

The City Council, or the citizens through the referendum or initiative power, cannot legally take away a vested right, or change the law for a property with a vested right, until the approval expires⁽¹⁴⁾. However, the law may be changed for a property that does not have a vested right.

Source

(14) Western Land Equities, 617 P.2d at 391

7. What are the consequences for taking away a vested right?

If the City chooses not to honor a vested right, the City will be responsible for a takings claim under the Utah and United States Constitution⁽¹⁵⁾. This means the City will have to pay the difference in market value of the property before the taking as compared to after the taking⁽¹⁶⁾. The City currently has a large number of properties with vested rights. As a result, not honoring these vested rights will likely result in a loss of hundreds of millions of dollars to landowners, and the City will be responsible to compensate these landowners for their loss. This is why the City Council has taken the position that Proposition 6 does not affect properties with vested rights.

Sources

(15) U.S Const. Amend. V. (“nor shall private property be taken for public use, without just compensation”); U.C.A. 1953, Constitution Art 1, § 22

(16) City of Hildale v. Cooke, 28 P.3d 697, 703 (2001); see also Kelo v. City of New London, 545 U.S 469 (2005) (for a more thorough discussion on requirements for a takings claim)