Lindon City Zoning Code
Title 11
Impact Fees
11.01 Impact Fees
1. Prior to the imposition of any impact fee, the city shall prepare an impact fee analysis for each specific impact fee to be imposed. The impact fee analysis shall be made available for public inspection prior to adoption of an impact fee and shall be maintained and available to the public upon request after adoption. An impact fee analysis shall include the following:
a. Executive Summary. A summary of the findings of the written impact fee analysis that is designed to be understood by a layperson and demonstrates the need for impact fees to be charged to fairly show costs related to capital infrastructure.
11.05 Repealed
(Ord. 2020-6, amended, 2020; Ord. 2009-5, amended, 2009)
11.08 Repealed
(Ord. 2010-6, amended, 2010; Ord. 97-11, adopted, 2000)
11.12 Repealed
(Ord. 2004-12, amended, 2004; Ord. 2003-8, adopted, 2003)
11.13 Repealed
(Ord. 2016-13, adopted, 2016)
11.01.010 Purpose.
This impact fee policy is promulgated pursuant to the requirements of the Utah “Impact Fees Act,” as established in Chapter 36a of Title 11 of the Utah Code (the “Act”). This chapter establishes service areas, describes certain facility improvements to be funded through impact fees, establishes impact fees, provides a schedule of impact fees for differing types of land use development, and sets forth the procedures and processes for seeking adjustments to impact fees and for challenging and appealing impact fees. (Ord. 2024-11 §1, renumbered, 2024. Formerly 11.04.010)
11.01.020 Definitions.
The following definitions shall apply for purposes of this chapter unless the context clearly requires otherwise. Terms otherwise not defined herein shall have the same meaning as defined in Chapter 36a of Title 11 of the Act. Terms not defined herein, or in the Act, shall be defined by their usual and customary meanings.
“Accessory apartment” means a subordinate building or structure, located on the same lot with the main building, occupied by, or devoted to, an accessory dwelling or residential use.
“Act” means the Utah Impact Fees Act, Utah Code Title 11, Chapter 36a, as in existence on the effective date hereof or as hereafter amended.
“Building permit” means an official document or certification which is issued by the building official of the city and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure.
“City” means Lindon City, Utah, a local political subdivision of the state of Utah.
“Citywide impact fee service area” means the geographic area designated by the city based on sound planning or engineering principles in which a defined set of the city’s public facilities provides service. The service area for purposes of the citywide impact fee analysis includes all areas within the jurisdictional boundaries of the city, including any future annexed area. The citywide service area is the applicable service area for the culinary water system impact fee, the parks, recreation, and trails impact fee, the public safety impact fee, the stormwater system impact fee, and the wastewater system impact fee.
“Culinary water system facilities” means water rights and facilities that have a life expectancy of ten (10) years or more, owned or operated by or on behalf of Lindon City, and are used for water supply, treatment, storage, and distribution.
“Culinary water system impact fee” means the impact fee designated to pay for culinary water system facilities.
“Developer” means an individual, group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency, or other person undertaking development activity, and their successors and assigns.
“Development activity” means any construction or expansion of building, structure or use, any change in use of building or structure, or any change in the use of land that creates additional demand and need for planned facilities for culinary water, wastewater, stormwater, public streets and roads, public safety and/or parks, recreation or trails.
“Development approval” means any written authorization from the city that authorizes the commencement of development activity, including, but not limited to, plat approval, planned development approval, site plan approval, and/or issuance of a conditional use permit or building permit.
“Fee payer” means a person, corporation, partnership, incorporated association, or any other similar entity commencing a development activity which creates the demand for planned facilities and which requires the issuance of a building permit. “Fee payer” includes an applicant for an impact fee credit.
“Impact fee” means a payment of money imposed upon development activity as a condition of development approval. “Impact fee” includes development impact fees, but does not include a tax, a special assessment, a hookup fee, a building permit fee, a fee for project improvements, or other reasonable permit or application fees, any administrative fee for collecting and handling impact fees, the cost of reviewing independent impact fee calculations, or the administrative fee required for an appeal.
“Impact fee analysis” means a written analysis of each impact fee as required under Utah Code § 11-36a-303, as may be amended.
“Impact fee facilities plan” means the plan adopted by the city to determine the needed public facilities required to serve development resulting from a new development activity, as required under Utah Code § 11-36a-301, as may be amended.
“Independent impact fee calculation” means an impact calculation or economic documentation prepared by a fee payer to support the assessment of an impact fee other than the fees established in the city’s impact fee schedule.
“Parks, recreation, and trails facilities” means recreation facilities that have a life expectancy of ten (10) years or more, owned or operated by or on behalf of Lindon City, and parks, open space, and trails. “Parks, recreation, and trails facilities” does not include private recreational facilities.
“Parks, recreation, and trails impact fee” means the impact fee designated to pay for parks, recreation, and trails facilities.
“Private recreational facility” means any recreational facility which is not owned by or dedicated to any governmental entity.
“Project improvements” means site improvements and facilities that are planned and designed to provide service for development resulting from a development activity and are necessary for the use and convenience of the occupant or users of development resulting from a development activity. “Project improvements” do not include “system improvements” as defined below.
“Proportionate share” means the cost of public facilities improvements in an amount that is roughly proportionate and reasonably related to the service demand and needs of a development activity.
“Public safety facilities” means public safety buildings, fixtures, structures and improvements which are owned or operated by or on behalf of the city for public safety purposing, including a fire suppression vehicle costing in excess of five hundred thousand dollars ($500,000). “Public safety facilities” does not include a jail, prison, or other place of involuntary incarceration.
“Public safety impact fee” means the impact fee designated to pay for public safety facilities.
“Residential unit” means any building or dwelling, or portion thereof, which contains living facilities including provisions for sleeping, cooking, eating, and sanitation, and including site-built buildings, manufactured homes and modular homes.
“Roadway facilities” means a street or road that has been designated on an officially adopted subdivision plat, roadway plan, or general plan of the city, together with all necessary appurtenances, and which is found within the roadway impact fee service area. Roadway facilities include associated improvements to a federal or state roadway only when the associated improvements are necessitated by the new development and are not funded by the state or federal government. “Roadway facilities” does not mean federal or state roadways.
“Roadway facilities impact fee” means the impact fee designated to pay for roadway facilities.
“Roadway facilities impact fee service area” means the I-15 regional transportation area, which includes service areas A, B, C, and D and refers to a geographic area designated by the city, based on sound planning or engineering principles, in which a defined set of the city’s public facilities provides service. The service areas for purposes of the roadway facilities impact fee include all of the area within the jurisdictional boundaries of the Lindon I-15 region. (Exhibit A: Map of the Lindon Road Facilities Impact Fee Service Area.)
“Storm water system facilities” means facilities that have a life expectancy of ten (10) years or more, owned or operated by or on behalf of Lindon City, used for collecting, detaining, conveying, or managing storm water and flood control facilities.
“Storm water system impact fee” means the impact fee designated to pay for storm water system facilities.
“System improvements” means both existing public facilities designed to provide services within the designated service areas and to future public facilities identified in an impact fee analysis adopted by the city under Utah Code § 11-36-304, as may be amended, and that are intended to provide service to the Lindon citywide service area or roadway facilities impact fee service area. “System improvements” do not include “project improvements” as defined above.
“Wastewater system facilities” means facilities that have a life expectancy of ten (10) years or more, owned or operated by or on behalf of Lindon City, and used in the collection, conveyance and/or treatment of wastewater.
“Wastewater system impact fee” means the impact fee designated to pay for wastewater system facilities. (Ord. 2024-11 §1, renumbered, 2024. Formerly 11.04.020)
11.01.030 Service Areas.
1. For each impact fee, the impact fee service area is as follows:
a. For the culinary water system impact fee, the service area is the citywide impact fee service area and shall include all incorporated areas of the city, including any future annexed area.
b. For the parks, recreation and trails impact fee, the service area is the citywide impact fee service area and shall include all incorporated areas of the city, including any future annexed area.
c. For the public safety impact fee, the service area is the citywide impact fee service area and shall include all incorporated areas of the city, including any future annexed area.
d. For the storm water system impact fee, the service area is the citywide impact fee service area and shall include all incorporated areas of the city, including any future annexed area.
e. For the wastewater system impact fee, the service area is the citywide impact fee service area and shall include all incorporated areas of the city, including any future annexed area.
f. For the roadway facilities impact fee, the service area shall be the I-15 regional transportation area, which includes service areas A, B, C, and D and refers to a geographic area designated by the city, based on sound planning or engineering principles, in which a defined set of the city’s public facilities provides service. The service areas for purposes of the roadway facilities impact fee include all of the area within the jurisdictional boundaries of the Lindon I-15 region. (Exhibit A: Map of the Lindon Road Facilities Impact Fee Service Area.) (Ord. 2024-11 §1, adopted, 2024)
11.01.040 Impact Fee Facilities Plan.
1. Prior to the imposition of any impact fee, the city shall prepare an impact fee facilities plan for each specific impact fee to be imposed. The impact fee facilities plan shall be made available for public inspection prior to adoption of an impact fee and shall be maintained and available to the public upon request after adoption. An impact fee facilities plan shall:
a. Identify the existing level of service.
b. Establish a proposed level of service, which, subject to the requirement of Utah Code § 11-36a-302, as may be amended, may exceed the existing level of service if, independent of the use of impact fees, the city provides, implements, and maintains the means to increase the existing level of service for existing demand within six (6) years of the date on which new growth is charged for the proposed level of service.
c. Identify any excess capacity to accommodate future growth at the proposed level of service.
d. Identify demands placed upon existing public facilities by new development activity at the proposed level of service.
e. Identify the means by which the city will meet those growth demands.
2. In preparing an impact fee facilities plan, the city shall generally consider all revenue sources to finance the impacts on system improvements, including grants, bonds, interfund loans, impact fee, and anticipated or accepted dedication of system improvements. (Ord. 2024-11 §1, adopted, 2024)
11.01.050 Impact Fee Analysis.
1. Prior to the imposition of any impact fee, the city shall prepare an impact fee analysis for each specific impact fee to be imposed. The impact fee analysis shall be made available for public inspection prior to adoption of an impact fee and shall be maintained and available to the public upon request after adoption. An impact fee analysis shall include the following:
a. Executive Summary. A summary of the findings of the written impact fee analysis that is designed to be understood by a layperson and demonstrates the need for impact fees to be charged to fairly show costs related to capital infrastructure.
b. Written Analysis. A written analysis that identifies the impacts upon the individual systems required by the development activity and demonstrates how those impacts on system improvements are reasonably related to the development activity, estimates the proportionate share of the costs of impact on system improvements that are reasonably related to the development activity and identifies how the impact fees are calculated.
c. Proportionate Share Analysis. An analysis of whether or not the proportionate share of the costs of public facilities is reasonably related to the new development activity. The proportionate share analysis identifies the costs of existing public facilities, the manner of financing existing public facilities, the relative extent to which new development will contribute to the cost of existing facilities and the extent to which new development is entitled to a credit for payment toward the costs of new facilities from general taxation or other means apart from user charges in other parts of the city. (Ord. 2024-11 §1, renumbered, 2024. Formerly 11.13.040)
11.01.060 Impact Fee Calculations.
1. Ordinance Enacting Impact Fees. The city council may only approve an impact fee in accordance with an impact fee analysis prepared for that specific impact fee.
a. Elements. In calculating the impact fee, the city shall include the construction costs, land acquisition costs, costs of improvements, fees for planning, surveying, and engineering services provided for and directly related to the construction of system improvements, and debt service charges if the city might use impact fees as a revenue stream to pay principal and interest on bonds or other obligations to finance the cost of system improvements.
b. Notice and Hearing. Before adopting an impact fee, the city shall hold a public hearing and shall provide notice as required in Part 5, Chapter 36a, of Title 11 of the Utah Code, as may be amended. After the public hearing, the city council may adopt or reject the impact fee as proposed or amend the impact fee and adopt or reject it as amended.
2. Adjustments. The standard impact fee may be adjusted at the time the fee is charged in response to unusual circumstances or to fairly allocate costs associated with impacts created by a development activity or project. The standard impact fee may also be adjusted to ensure that impact fees are imposed fairly for affordable housing projects, in accordance with the local government’s affordable housing policy, and other development activities with broad public purposes.
3. Previously Incurred Costs. To the extent that the new growth and development will be served by previously constructed improvements, the city’s impact fee may include public facility costs and bond costs related to the culinary water, wastewater and parks and recreation improvements previously incurred by the city. These costs may include all projects included in the reasonable capital projects plan which are under construction or completed but have not been utilized to their capacity, as evidenced by outstanding debt obligations.
4. Developer Credits. Development may be allowed a credit against impact fees for any dedication or improvement to land or new construction of system improvements provided by the developer; provided, that it is (a) identified in the city’s impact fee facilities plans and (b) required by the city as a condition of approving the development activity. Otherwise, no credit may be allowed unless expressly provided in Section 11.01.090.
5. Impact Fees Accounting. The city shall establish separate interest-bearing ledger accounts for each type of public facility for which an impact fee is promulgated in accordance with the requirements of the Impact Fees Act deposited in the appropriate ledger account. Interest earned on each fund or account shall be segregated to that account.
a. Reporting. At the end of each fiscal year, the city shall prepare a report on each fund or account generally showing the source and amount of all monies collected, earned and received by the fund or account and each expenditure from the fund or account.
b. Impact Fee Expenditures. The city may expend impact fees covered by this impact fees policy only for system improvements that are (i) public facilities identified in the city’s impact fee facilities plan and (ii) of the specific public facility types for which the fee was collected.
c. Time of Expenditure. Impact fees collected pursuant to the requirements of this impact fees policy are to be expended, dedicated or encumbered for permissible use within six (6) years of the receipt of those funds by the city. For purposes of this calculation, the first funds received shall be deemed to be the first funds expended.
d. Extension of Time. The city may hold previously dedicated or unencumbered fees for longer than six (6) years if the city council identifies in writing (i) an extraordinary and compelling reason why the fees should be held longer than six (6) years and (ii) an absolute date by which the fees will be expended.
6. Refunds. The city shall refund any impact fees paid by a developer, plus interest actually earned, when (a) the developer does not proceed with the development activity and files a written request for a refund; (b) the fees have not been spent or encumbered; and (c) no impact has resulted. An impact that would preclude a developer from a refund from the city may include any impact reasonably identified by the city, including, but not limited to, the city having sized facilities and/or paid for, installed and/or caused the installation of facilities based, in whole or in part, upon the developer’s planned development activity even though that capacity may, at some future time, be utilized by another development.
a. A refund shall be made to the original owner, if the original owner is the sole claimant, or to the claimants as the claimants agree, if there are multiple claimants. If there are multiple claimants who cannot agree on how a refund should be paid, the city shall interplead the impact fee refund to a court of competent jurisdiction for a determination of the entitlement to the refund.
7. Other Impact Fees. To the extent allowed by law, the city council may negotiate or otherwise impose impact fees and other fees different from those currently charged. Those charges may, in the discretion of the city council, include, but not be limited to, reductions or increases in impact fees, all or part of which may be reimbursed to the developer who installed improvements that service the land to be connected with the city’s system.
8. Additional Fees and Costs. The impact fees authorized hereby are separate from and in addition to user fees and other charges lawfully imposed by the city, and other fees and costs that may not be included as itemized component parts of the impact fee schedule. In charging any such fees as a condition of development approval, the city recognizes that the fees must be a reasonable charge for the service provided.
9. Fees Effective at Time of Payment. Unless the city is otherwise bound by a contractual requirement, the impact fee shall be determined from the impact fee schedule in effect at the time of payment, and in accordance with any adjustments made under the provisions of Section 11.01.090.
10. Imposition of Additional Fee After Development. Should any developer undertake development activities such that the ultimate density or other impact of the development activity is not revealed to the city, either through inadvertence, neglect, a change in plans, or any other cause whatsoever, and/or the impact fee is not initially charged against all units or the total density within the development, the city shall be entitled to charge an additional impact fee to the developer or other appropriate person covering the density for which an impact fee was not previously paid. (Ord. 2024-11 §1, renumbered, 2024. Formerly 11.13.050)
11.01.070 Imposition of Impact Fees.
1. Any person seeking to engage in development activities within the city shall pay an impact fee in the manner and amount set forth in this title.
2. No new building permit or new permit for mobile home installation, or for any activity requiring payment of an impact fee pursuant to this title, shall be issued unless and until the required impact fee has been paid. (Ord. 2024-11 §1, adopted, 2024)
11.01.080 Impact Fee Formula and Schedules.
1. Impact Fee Schedule Formula.
a. Maximum Supportable Impact Fees. The impact fee schedule included herein represents the maximum impact fees which the city may impose on development within Lindon City and is based upon general demand characteristics and potential demand that can be created by each class of user. Pursuant to Utah Code § 11-36a-402, as may be amended, the city may assess an adjusted fee to respond to unusual circumstances to ensure that fees are equitably assessed for nonstandard users. This adjustment may result in a higher impact fee if the city determines that a user would create a greater than normal impact on any of the systems. The city may also decrease the impact fee if the developer can provide documentation that the proposed impact will be less than what could be expected given the type of user.
b. Nonstandard Impact Fee Calculation. The impact fee for nonstandard uses and/or meter sizes not listed in this chapter can be calculated using formulas and methodology set forth in the impact fee facility plan and impact fee analysis prepared for each of the respective impact fees. Nonstandard impact fees as determined by using the recommended methodologies in each of these respective plans and analyses are hereby approved.
c. Expansion or Change in Use. In the case of change of use, redevelopment, or expansion or modification of an existing use which required the issuance of a land use application or building permit or permit for mobile home installation, the impact fee shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use.
d. Mixed Uses. If a land use application or building permit is requested for mixed uses, then the impact fee shall be determined using the above schedule by apportioning the space committed to uses specified on the schedule.
e. Accessory Apartments. For purposes of all impact fees, accessory apartments are not considered an additional equivalent residential unit (ERU) and are not assessed a separate or additional impact fee from the primary residence.
2. Impact Fee Schedules.
a. Culinary Water System Impact Fee.
Water Meter Size | ERUs | Impact Fee |
|---|---|---|
3/4" or 1" | 1.0 | $1,467 |
1 1/2" | 1.70 | $4,886 |
2" | 2.40 | $7,820 |
Properties that use multiple meters should pay one (1) impact fee corresponding to the meter size that would have been necessary if the property had used only one (1) meter.
Impact fees for water meters larger than two inches (2") are calculated pursuant to the formula contained in the culinary water impact fee analysis, which has been approved and adopted by the Lindon city council, and are set forth in the Lindon fee schedule.
b. Parks, Recreation, and Trails Impact Fee.
Development Type | Impact Fee |
|---|---|
Single-Family Residential Units (Detached) | $4,500 per residential unit |
Other Residential Units | $1,500 per residential unit |
c. Public Safety Impact Fee.
Zone | Fire Impact Fee | Police Impact Fee | Combined Public Safety Impact Fee |
|---|---|---|---|
Residential (Per Residential Unit) | $152.00 | $162.00 | $314.00 |
Nonresidential (Per 1,000 Square Feet Floor Space) | |||
Commercial | $78.00 | $84.00 | $162.00 |
Industrial | $31.00 | $41.00 | $72.00 |
d. Roadway Facilities Impact Fee.
Roadway Facilities Service Area A | |
|---|---|
Capital Improvement | 700 N/I-15 |
Proportionate Share of Costs | 6/24%/41.86% |
Capital Project Costs | $198,066 |
Proposed Series 2006 Costs | 295,964 |
(Bond Proceeds From 2006 Bonds) | (198,066) |
Series 2000 B Costs | 812,322 |
Buy-In Cost | (45,901) |
Impact Fee Analysis Updates | 5,991 |
Fee Stabilization Charge (Credit) | 190,124 |
Total Costs | $1,258,501 |
Trip Ends Served | 26,775 |
Impact Fee per Trip End | $47.00 |
Roadway Facilities Service Area B | |
|---|---|
Capital Improvement | 700 N/I-15 |
Proportionate Share of Costs | 33.66%/12.67% |
Capital Project Costs | $1,068,154 |
Proposed Series 2006 Costs | 1,596,115 |
(Bond Proceeds From 2003 Bonds) | (1,068,154) |
Series 2000 B Costs | 245,939 |
Buy-In Cost | (13,897) |
Impact Fee Analysis Updates | 20,615 |
Fee Stabilization Charge (Credit) | (155,777) |
Total Costs | $1,692,996 |
Trip Ends Served | 15,200 |
Impact Fee per Trip End | $111.38 |
Roadway Facilities Service Area C | |
|---|---|
Capital Improvement | 700 N/I-15 |
Proportionate Share of Costs | 35.29%/15.78% |
Capital Project Costs | $1,119,760 |
Proposed Series 2006 Costs | 1,673,228 |
(Bond Proceeds from 2006 Bonds) | (1,119,760) |
Series 2000 B Costs | 306,163 |
Buy-In Cost | (17,300) |
Impact Fee Analysis Updates | 21,748 |
Fee Stabilization Charge (Credit) | 37,238 |
Total Costs | $2,021,077 |
Trip Ends Served | 22,862 |
Impact Fee per Trip End | $88.40 |
Roadway Facilities Service Area D | |
|---|---|
Capital Improvement | 700 N/I-15 |
Proportionate Share of Costs | 1.5%/8.85% |
Capital Project Costs | $47,574 |
Proposed Series 2006 Costs | 71,088 |
(Bond Proceeds From 2006 Bonds) | (47,574) |
Series 2000 B Costs | 171,699 |
Buy-In Cost | 9,702 |
Impact Fee Analysis Updates | 1,373 |
Fee Stabilization Charge (Credit) | 20,374 |
Total Costs | $254,832 |
Trip Ends Served | 6,431 |
Impact Fee per Trip End | $39.62 |
Commercial and Residential Multipliers
Land Use Categories | Trip Ends | Adjustment Factors |
|---|---|---|
Nonresidential (per 1,000 square feet) | ||
Office Building | 11.0 | 50% |
Medical Office | 36.1 | 21% |
Retail | 66.4 | 45% |
Quality Restaurant | 90.0 | 40% |
Fast Food/Drive-Through | 587.0 | 10% |
Convenience Market with Gas Pumps | 1148.3 | 5% |
Quick Lube Center | 41.0 | 5% |
Supermarket | 111.5 | 35% |
Bank Drive-Through | 265.2 | 5% |
Automobile Care Center | 15.9 | 40% |
Manufacturing | 3.8 | 45% |
Specialty Retail | 40.7 | 45% |
Hotel (per room) | 8.2 | 21% |
General Heavy Industrial | 7.0 | 45% |
RV Park/Campground | 4.1 | 50% |
Golf Course (per acre) | 5.6 | 35% |
Driving Range | 21.6 | 35% |
Recreational/Community Center | 11.4 | 21% |
Residential (per unit) | ||
Low Density Residential | 7.0 | 50% |
Medium Density Residential | 7.0 | 50% |
e. Stormwater System Impact Fee. The amount of the impact fee shall be determined by the following formula:
i. Development cost for stormwater facilities related to new growth.
ii. Total new growth households.
iii. Credit for past payments.
iv. Credit for future payments.
(a\b) = Total Cost
TC - (TC*c) - d = Impact Fee
The formula set forth above renders the current stormwater impact fee per ERU to be as follows:
Per ERU | Impact Fee |
|---|---|
1 ERU | $799 |
For purposes of the stormwater impact fee, one equivalent residential unit is counted for each single-family unit or for each twenty thousand (20,000) square feet of land developed.
f. Wastewater System Impact Fee (Per ERU).
Drinking Water Meter Size | ERUs | Impact Fee |
|---|---|---|
3/4" or 1" | 1.0 | $1,809 |
1 1/2" | 3.33 | $6,023 |
2" | 5.33 | $9,640 |
Properties that use multiple meters should pay one (1) impact fee corresponding to the meter size that would have been necessary if the property had used only one (1) meter.
Impact fees for water meters larger than two inches (2") are calculated pursuant to the formula contained in the wastewater system impact fee analysis, which has been approved and adopted by the Lindon city council, and are set forth in the Lindon fee schedule.
(Ord. 2024-11 §1, adopted, 2024)
11.01.090 Fee Exceptions, Adjustments, and Development Agreements.
1. Waiver for “Public Purpose.” The city council may, on a project-by-project basis, authorize exceptions or adjustments to the impact fee rate structure for those projects the city council determines to be of such benefit to the community as a whole to justify the exception or adjustment. This option is available to: (a) respond to unusual circumstances in specific cases, (b) ensure that the impact fees are imposed fairly and (c) exempt low income housing and other development activities from impact fees and establish one (1) or more sources of funds other than impact fees to pay for the development activity, and (d) induce certain development that will generate sales tax, property tax or franchise tax in an amount sufficient to defray a fair cost of the infrastructure being provided.
a. Procedures. Applications for exceptions are to be filed with the city at the time the applicant first requests the extension of service to the applicant’s development or property.
2. Independent Studies and Data. If a fee payer desires not to have the impact fees determined according to the city’s impact fee schedule, then the fee payer shall prepare and submit to the city an independent impact fee calculation for the development activity for which a building permit is sought. The documentation submitted shall show the basis upon which the independent impact fee calculation was made. City staff shall review the independent impact fee calculation and provide an analysis concerning whether the independent impact fee calculation should be accepted, rejected, or accepted in part. The city may adopt, reject, or adopt in part the independent impact fee calculation based on the analysis and based on the specific characteristics of the development activity. The impact fees or alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.
a. A fee payer submitting an independent impact fee calculation must pay to the city a fee to cover the cost of reviewing the independent impact fee calculation. The fee shall be an amount equal to the actual review costs incurred by the city, including the cost of any consultant services deemed necessary by the city. The city shall require the fee payer to post a cash deposit in the amount set forth on the fee schedule prior to initiating the review. If the city’s actual review costs exceed the cash deposit amount, then the fee payer will be responsible for paying such additional review costs. However, if the city’s actual review costs fall below the cash deposit amount, then the fee payer shall be entitled to a refund of any portion of such cash deposit amount that exceeds the actual costs of review.
b. The city shall consider the documentation submitted by the fee payer and the analysis prepared by city staff, but is not required to accept such documentation or analysis. The city may require the fee payer to submit additional or different documentation for consideration. The city may adjust the impact fees on a case-by-case basis based on the independent impact fee calculation and the specific characteristics of the development activity. The impact fees or alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.
3. Development Agreements. Where a development activity includes or requires a qualifying improvement, the city and the developer may agree in writing to have the developer participate in the financing or construction of part or all of the qualifying improvements. Such agreement may provide for cash reimbursements, offsets, or other appropriate compensation to the developer for the developer’s participation in the financing or construction of the qualifying improvements. The agreement shall include:
a. The estimated cost of the qualifying improvements, using the lowest responsive bid by a qualified bidder, which bid is approved by the city or, if no bid is available, the estimated cost certified by a licensed Utah engineer and approved by the city.
b. The requirement that the qualifying improvement be designed and completed in compliance with any applicable city or state laws or regulations.
c. Such other terms and conditions as the city deems necessary. (Ord. 2024-11 §1, renumbered, 2024. Formerly 11.05.080)
11.01.100 Appeals.
1. Application. The appeal procedure applies both to challenges to the legality of impact fees, to similar and related fees of the city and to the interpretation and/or application of those fees. By way of illustration, in addition to the legality of the impact fee schedule, determinations of the density of a development activity or calculation of the amount of the impact fee due will also be subject to this appeal procedure.
2. Declaratory Judgment Action. Any person or entity residing in or owning property within the city and any organization, association or corporation representing the interests of persons or entities owning property within the city may file a declaratory judgment action challenging the validity of an impact fee pursuant to the procedures and requirements set forth in Utah Code Section 11-36a-701, as may be amended.
3. Request for Information Concerning the Fee. Any person or entity required to pay an impact fee may file a written request for information concerning the fee with the city. The city will provide the person with the impact fee analysis and other information relating to the impact fee within fourteen (14) days after receipt of the request for information.
4. Appeal to the City Before Payment of the Impact Fee. An affected or potentially affected person or entity wishing to challenge an impact fee prior to payment may file a written request for information concerning the fee and proceed under the appeal procedure.
5. Appeal to the City After Payment of the Impact Fee – Statute of Limitations for Failure to File. Any person or entity that has paid an impact fee and wishes to challenge the fee must initiate the challenge within the time limitations set forth in Utah Code Section 11-36a-701, as may be amended. A person or entity failing to bring a timely challenge is barred from filing an administrative appeal with the city or seeking judicial relief.
6. Appeal to the City. Any developer, landowner or affected party desiring to challenge the legality of any impact fee or related fee or exaction may appeal directly to the administrative law judge, appointed pursuant to Section 2.22.070, by filing a written challenge with the city; provided, that the affected party does so in writing within the time requirements set forth in Utah Code Section 11-36a-701, as may be amended.
a. Hearing. An informal hearing will be held not sooner than five (5) nor more than thirty (30) days after a written appeal to the administrative law judge is filed.
b. Decision. After the conclusion of the informal hearing, the administrative law judge shall affirm, reverse, or take action with respect to the challenge or appeal as appropriate in light of the city’s policies and procedures and any applicable law, rule or regulation. The decision of the administrative law judge may include the establishment of calculation of the impact fee applicable to the development activity at issue; any impact fee set by the administrative law judge may include the establishment or calculation of the impact fee applicable to the development activity at issue. Fees set by the administrative law judge may be the same as or higher or lower than that being appealed; provided, that it shall not be higher than the maximum allowed under the city’s lawful impact fee rate or formula which is either in existence on the effective date of the Act or as promulgated under the impact fees policy, as appropriate. Regardless of when the hearing is held, the decision of the administrative law judge must be issued within thirty (30) days after the date the written challenge was filed with the city as mandated by Utah Code Section 11-36a-703, as may be amended. In light of the statutorily mandated time restriction, the city shall not be required to provide more than three (3) working days’ prior notice of the time, date and location of the informal hearing and the inconvenience of the hearing to the challenging party shall not serve as a basis of appeal of the city’s final determination.
7. Denial Due to Passage of Time. Should the administrative law judge, for any reason, fail to issue a final decision on a written challenge to an impact fee, its calculation or application, within thirty (30) days after the filing of that challenge with the city, the challenge shall be deemed to have been denied and any affected party to the proceedings may seek appropriate judicial relief from such denial.
8. Judicial Review. Judicial review of any city decision relating to impact fees shall be governed by Part 7 of Chapter 36a of Title 11 of the Utah Code, as may be amended. (Ord. 2025-15 § 23, amended, 2025; Ord. 2024-11 §1, renumbered, 2024. Formerly 11.04.070)
11.01.110 Miscellaneous.
1. Severability. If any section, subsection, paragraph, clause or phrase of this impact fee policy shall be declared invalid for any reason, such decision shall not affect the remaining portions of this impact fee policy, which shall remain in full force and effect, and for this purpose, the provisions of this impact fee policy are declared to be severable.
2. Interpretation. This impact fee policy has been divided into sections, subsections, paragraphs and clauses for convenience only and the interpretation of this impact fee policy shall not be affected by such division or by any heading contained herein.
3. Effect on Existing Impact Fees. Except as otherwise specifically provided herein, this impact fee policy shall not repeal, modify or affect any impact fee of the city in existence as of July 1, 2024. All impact fees established, including amendments and modifications to previously existing impact fees, after the effective date of this chapter shall comply with the requirements of this impact fee policy. (Ord. 2024-11 §1, renumbered, 2024. Formerly 11.04.080)