Impact fees are hereby imposed as a condition of the issuance of a building permit by the city for any development activity which creates additional demand and need for public facilities for the culinary water system, stormwater system, and parks and recreation system. The amount of the impact fee shall be set by resolution and is incorporated herein by reference.

(Adopted by Ord. 2007-02 on 7/11/2007)

The entire area of the city and any areas outside the city serviced by such systems are hereby designated and established as one service area with respect to the culinary water system and parks and recreation system. The service area for the stormwater system are those areas of the city which have natural storm drainage into the areas as shown on the Honeyville City storm drain facility plan map.

(Adopted by Ord. 2007-02 on 7/11/2007)

Unless otherwise provided by the city council, impact fees shall be paid to the city prior to the issuance of a building permit by the city.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

The city may adjust the impact fees imposed pursuant to this chapter as necessary in order to:

1.

Respond to unusual circumstances in specific cases.

2.

Ensure that the impact fees are imposed fairly.

3.

Permit the adjustment of the amount of the fee based upon studies and data submitted by an applicant or developer, as approved by the city council.

4.

Allow a credit against impact fees, as approved by the city council, for dedication of land for, improvement to, or new construction of, any system improvements by the applicant or developer if the facilities are identified in the city's capital facilities plan and are required by the city as a condition of approving a development activity. No credit shall be given for project improvements as defined by the Utah impact fees act.

B.

The city planning commission shall make recommendations on such adjustments based upon information submitted by an applicant or developer and any recommendations from other appropriate city officials or employees, including the city engineer. The city council shall make such adjustments based upon information submitted by an applicant or developer and any recommendations from the planning commission or other appropriate city officials or employees, including the city engineer.

C.

The city may adopt policies consistent with this chapter and any resolutions passed by the city council to assist in the implementation, administration and interpretation of this chapter related to municipal impact fees.

D.

If a person or entity is not satisfied with the city council's decision, an appeal may be made under the procedures set forth in section 10-32-6 of this chapter.

(Adopted by Ord. 2007-02 on 7/11/2007)

The city shall account for, expend and refund impact fees collected pursuant to this chapter in accordance with the provisions of the Utah impact fees act.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Any person or entity residing in or owning property within the service area, and any organization, association, or corporation representing the interests of persons or entities owning property within the service area, may file a declaratory judgment action challenging the validity of an impact fee.

B.

1.

Any person or entity required to pay an impact fee who believes the fee does not meet the requirements of law may file a written request for information with the city.

2.

Within two (2) weeks of the receipt of the request for information, the city shall provide the person or entity with the written analysis required by section 11-36-201 of the Utah code, the capital facilities plan, and with any other relevant information relating to the impact fee.

C.

Within thirty (30) days after paying an impact fee, any person or entity who has paid the fee and wishes to challenge the fee shall file a written appeal with the Honeyville City recorder setting forth in detail all factual and legal grounds in support of the appeal and challenge to the impact fee, and which is relied upon by the appealing party with respect to the fees challenged. Upon receipt of the written appeal, the city recorder shall forward the appeal, together with any recommendations from the city engineer, to the city council and shall schedule a public hearing before the city council on the appeal for the purpose of receiving input from all interested persons. The city council shall thereafter render its decision on the appeal no later than thirty (30) days after the date the appeal was filed with the city recorder.

D.

1.

In addition to the method of challenging an impact fee under subsection C of this section, a person or entity that has paid an impact fee imposed by Honeyville City may challenge:

a.

If the impact fee enactment was adopted on or after July 1, 2000:

(1)

Whether the city complied with the notice requirements of the impact fees act with respect to the imposition of the impact fee; and

(2)

Whether the city complied with other procedural requirements of the Utah impact fees act for imposing the impact fee; and

b.

Except as limited by subsection D,1,a of this section, the impact fee.

2.

A challenge under subsection D,1 of this section may not be initiated unless it is initiated within:

a.

For a challenge under subsection D,1,a,(1) of this section, thirty (30) days after the person or entity pays the impact fee.

b.

For a challenge under subsection D,1,a,(2) of this section, one hundred eighty (180) days after the person or entity pays the impact fee.

c.

For a challenge under subsection D,1,b of this section, one year after the person or entity pays the impact fee.

3.

A challenge under subsection D,1 of this section is initiated by filing:

a.

The documentation required under subsection C of this section;

b.

A request for arbitration as provided in section 10-32-7 of this chapter; or

c.

An action in the first district court.

4.

a.

The sole remedy for a challenge under subsection D,1,a,(1) of this section is the equitable remedy of requiring the local political subdivision to correct the defective notice and repeat the process.

b.

The sole remedy for a challenge under subsection D,1,a,(2) of this section is the equitable remedy of requiring the city to correct the defective process.

c.

The sole remedy for a challenge under subsection D,1,b of this section is a refund of the difference between what the person or entity paid as an impact fee and the amount the impact fee should have been if it had been correctly calculated.

5.

Nothing in this subsection D may be construed as requiring a person or entity to exhaust administrative remedies with the city before filing an action in first district court under this subsection D.

6.

The protections given to the city under section 10-9a-801 of the Utah code do not apply in a challenge under subsection D,1,a,(1) of this section.

E.

The judge may award reasonable attorney fees and costs to the prevailing party in any action brought under this section.

F.

Nothing in this chapter may be construed as restricting or limiting any rights to challenge impact fees that were paid before the effective date of this chapter.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Each person or entity intending to challenge an impact fee under subsection 10-32-6D,3 of this chapter shall file a written request for arbitration with the local political subdivision within the time limitation provided in subsection 10-32-6D,2 of this chapter for the applicable type of challenge.

B.

If a person or entity files a written request for arbitration under subsection A of this section, an arbitrator or arbitration panel shall be selected as follows:

1.

The city and the person or entity filing the request may agree on a single arbitrator within ten (10) days after the day the request for arbitration is filed; or

2.

If a single arbitrator is not agreed to in accordance with subsection B1 of this section, an arbitration panel shall be created with the following members:

a.

Each party shall select an arbitrator within twenty (20) days after the date the request is filed.

b.

The arbitrators selected under subsection B,2,a of this section shall select a third arbitrator.

C.

The arbitration panel shall hold a hearing on the challenge within thirty (30) days after the date:

1.

The single arbitrator is agreed on under subsection B,1 of this section; or

2.

The two (2) arbitrators are selected under subsection B,2,a of this section.

D.

The arbitrator or arbitration panel shall issue a decision in writing within ten (10) days from the date the hearing under subsection C of this section is completed.

E.

Except as provided in this section, each arbitration shall be governed by the Utah uniform arbitration act, title 78B, chapter 11 of the Utah code.

F.

The parties may agree to:

1.

Binding arbitration;

2.

Formal, nonbinding arbitration; or

3.

Informal, nonbinding arbitration.

G.

If the parties agree in writing to binding arbitration:

1.

The arbitration shall be binding;

2.

The decision of the arbitration panel shall be final;

3.

Neither party may appeal the decision of the arbitration panel; and

4.

Notwithstanding subsection J of this section, the person or entity challenging the impact fee may not also challenge the impact fee under any subsection of this chapter.

H.

1.

Except as provided in subsection H,2 of this section, if the parties agree to formal, nonbinding arbitration, the arbitration shall be governed by the provisions of title 63G, chapter 4 of the Utah code.

2.

For purposes of applying title 63G, chapter 4 to a formal, nonbinding arbitration under this section, notwithstanding section 63G-4-502, "agency" means Honeyville City.

I.

1.

An appeal from a decision in an informal, nonbinding arbitration may be filed with the first district court.

2.

Each appeal under subsection I,1 of this section shall be filed within thirty (30) days after the date the arbitration panel issues a decision under subsection D of this section.

3.

The district court shall consider de novo each appeal filed under this subsection I.

4.

Notwithstanding subsection J of this section, a person or entity that files an appeal under this subsection I may not also challenge the impact fee under subsection 11-36-401(1), 11-36-401(4)(c)(i), or 11-36-401(4)(c)(iii) of the Utah code.

J.

1.

Except as provided in subsections G,4 and I,4 of this section, this section may not be construed to prohibit a person or entity from challenging an impact fee as provided in subsection 11-36-401(1), 11-36-401(4)(c)(i), or 11-36-401(4)(c)(iii) of the Utah code.

2.

The filing of a written request for arbitration within the required time in accordance with subsection A of this section tolls all time limitations under section 10-32-6 of this chapter until the date the arbitration panel issues a decision.

K.

The person or entity filing a request for arbitration and Honeyville City shall equally share all costs of an arbitration proceeding under this section.

(Adopted by Ord. 2007-02 on 7/11/2007)