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Mountain Bay developers say sewer costs imperil project; annexation, wetland permitting weigh on timeline
Summary
Developers of the proposed Mountain Bay Subdivision near 8200 S. Highway 89 told the commission they cannot afford sewer dry lines and are exploring alternatives — including possible deannexation to county jurisdiction — while commissioners discussed requiring written annexation/subdivision agreements and the complications of wetland jurisdiction.
Developers of the proposed Mountain Bay Subdivision at about 8200 South Highway 89 told the Willard City Planning Commission on Aug. 7 they cannot afford to install sewer dry lines as originally planned, and the commission heard the applicant is exploring other options, including disconnecting from Willard and pursuing county permitting.
An unidentified planning commission member summarized the status: "They are back to the drawing board," and staff reported the developer said "it's not financially possible for them to do the sewer dry lines." Commissioners expressed concern about leaving unresolved obligations if an annexation proceeds without clear, written commitments.
One staff member recommended a procedural change: require an applicant that seeks annexation plus a subdivision application to execute a written agreement spelling out development obligations so the city does not later face partial performance or deannexation. That proposal drew support as a way to ensure obligations are explicit before approving annexation.
Commissioners also discussed wetlands and federal permitting. Staff explained that a developer contested whether a wet area constituted "waters of the U.S.," and said the developer had resisted filing a Clean Water Act (404) permit because doing so would acknowledge jurisdiction and begin a court timeline. Commissioners warned a court outcome could set precedent affecting other projects in the area.
What’s next: Staff will communicate updates to the city council; developers have requested a work session with the council to discuss how to proceed. The commission did not take formal action on the subdivision at the meeting.
