1. The City Council finds and determines:
   1. There is a need for public facilities for new development which have not been constructed and which are required to be consistent with the city general plan and to protect the public's health, safety, and welfare.
   2. The rapid and continuing growth of the city necessitates the imposition and collection of impact fees pursuant to law that require development to pay its fair share of the cost of providing public facilities occasioned by the demands and needs of the development project at service levels necessary to promote and preserve the public health, safety, and welfare.
   3. The City Council hereby adopts the following documents, and their subsequent updates, as the capital facilities plan required by Utah Code § 11-36-201(2): "Development Impact Fee Calculation Report For North Ogden City" (1997) by Management Services Institute; the "Sanitary Sewer Master Plan And Impact Fee Study" (1997) by Jones and Associates; and "Development Impact Fee Calculation Report" (1999) by Revenue and Costs Specialists, LLC. Adoption of a report includes adoption of all related supporting data which establish the costs of providing public facilities occasioned by development projects within the city.
   4. The impact fees established by this chapter are based upon the costs which are generated through the need for new facilities and other capital acquisition costs required, incrementally, by new development within the city.
   5. The impact fees established by this chapter do not exceed the reasonable cost of providing public facilities occasioned by development projects within the city.

The following service areas are established within the city:

1. Water pressure zones 7 through 11, which are between five thousand eighteen feet (5,018') and five thousand seven hundred feet (5,700') of elevation as shown on the city culinary water master plan.
2. Water pressure zones 1 through 6, which are between four thousand three hundred fifty feet (4,350') and five thousand seventeen feet (5,017') of elevation as shown on the city culinary water master plan.

1. The impact fees imposed in the city are contained in resolution 11-97 and may be changed by the City Council by resolution from time to time.
   

1. Unless otherwise provided by the City Council, impact fees shall be payable by the developer prior to the issuance of a city building permit.
   

1. The fees shall be used solely to:
   1. Pay for the land and described public facilities to be constructed by the City;
   2. For reimbursing the city for the development's share of those capital improvements already constructed by the city; or
   3. To reimburse developers who have constructed public facilities where those facilities were beyond that needed to mitigate the impact of the developers' projects.

1. The city may, upon a proper showing, adjust the standard impact fee at the time the fee is charged to:
   1. Respond to unusual circumstances in specific cases; and
   2. Ensure that the impact fees are imposed fairly; and
   3. Adjust the amount of the fee based upon studies and data submitted by the developer which are approved by the city after review of the same; and
   4. Allow credits as approved by the city for dedication of land for improvement to, or new construction of, public facilities providing services to the community at large, provided such facilities are identified in the capital facilities plan and are required by the city as a condition of approving the development activity. No credit shall be given for project improvements as defined by Utah Code § 11-36-102.

1. The city shall account for, expend, and refund impact fees in accordance with the provisions of Utah Code § 11-36-101 et seq.
   

1. Property Owners and Residents. Any person or entity residing in or owning property within a service area, and any organization, association or corporation representing the interests of persons or entities owning property within a service area, may file a declaratory judgment action challenging the validity of the fee.
2. Request for Information. Any person or entity required to pay an impact fee imposed by the city who believes the fee does not meet the requirements of law may file a written request for information with the city as provided by law.
3. Written Analysis. 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 the act and with any other relevant information relating to the impact fee.
4. Appeal Procedure. 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:
   1. File a written appeal with the City Council by delivering a copy of such appeal to the city administrator setting forth in detail all grounds for the appeal and all facts relied upon by the appealing party with respect to the fees appealed. Upon receipt of the appeal, the City Council shall thereafter schedule a public hearing on the appeal at which time all interested persons will be given an opportunity to be heard. The City Council shall schedule the appeal hearing and thereafter render its decision on the appeal no later than thirty (30) days after the challenge to the impact fee is filed. Any person or entity who has failed to comply with the administrative appeal remedies established by this section may not file or join an action challenging the validity of any impact fee.
   2. Within ninety (90) days of a decision upholding an impact fee by the city or within one hundred twenty (120) days after the date the challenge to the impact fee was filed, whichever is earlier, any party to the appeal that is adversely affected by the City Council's decision may petition the second judicial district court in and for Weber County for review of the decision.
   3. In the event of a petition to the second judicial district court, the city shall transmit to the reviewing court the record of its proceedings including its minutes, findings, orders and, if available, a true and correct transcript of its proceedings.
   4. If the proceeding was tape recorded, a transcript of that tape recording is a true and correct transcript for the purposes of subsection D.3 of this section.
   5. If there is a record:
      1. The district court's review is limited to the record provided by the city; and
      2. The district court may not accept or consider any evidence outside the city's record unless that evidence was offered to the city and the court determines that it was improperly excluded by the city.
   6. If there is an inadequate record, the district court may call witnesses and take evidence.
   7. The district court shall affirm the decision of the city if the decision is supported by substantial evidence in the record.
   8. The judge may award reasonable attorney fees and costs to the prevailing party in any action brought under this section.