Riverton City Zoning Code
CHAPTER 18
205 IMPACT FEES 1
§ 18.205.010 Purpose.
This article revises and prescribes the city's impact fee policies and procedures and is promulgated pursuant to the requirements of the Utah Impact Fees Act. Further, this article:
(1)
Revises currently assessed impact fees within the service area;
(2)
Describes certain capital improvements to be funded by impact fees;
(3)
Provides a schedule of impact fees for differing types of land use development; and
(4)
Sets forth direction for challenging, modifying and appealing impact fees.
(Ord. 08-16 § 1; Ord. 18-28 § 2 (Exh. B))
§ 18.205.020 Definitions.
Words and phrases that are defined in the Act shall have the same definition in this impact fee policy. The following words and phrases shall have the following meanings:
means all capital facilities components of the Riverton City general plan.
means a local political subdivision of the state of Utah and is referred to herein as Riverton City (the "city").
means the governing body of Riverton City.
means any construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand and need for public facilities. "Development activity" will include all development that will connect to the referenced systems.
means any written authorization from the city that authorizes the commencement of development activity.
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, special assessment, hookup fee, building permit fee, fee for project improvements, or other reasonable permit or application fees.
means the account or accounts established for the planned facilities for which impact fees are collected.
means the plan required by Section 11-36a-301 of the Act.
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 in this section.
of the cost of public facility improvements means an amount that is roughly proportionate and reasonably related to the service demands and needs of a development activity.
means system improvements of the city relating to the services for which impact fees will be assessed.
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.
means the quantity and quality of service which the director has determined to be appropriate and desirable for the city. A measure of the standard of service may include, but is in no way limited to, maximum levels of congestion on city streets and roads, maximum commute times, maximum wait at stops, minimum police service capabilities, minimum fire suppression capabilities, minimum park space per capita for a variety of types of parks, minimum distance from residences to parks, and any other factors the director may deem appropriate.
refers both to existing public facilities designed to provide services to the service area within the city at large and to future public facilities identified in a reasonable plan for capital improvements adopted by the city that are intended to provide service to service areas within the city at large. "System improvements" does not include "project improvements" as defined in this section.
(Ord. 08-16 § 2; Ord. 18-28 § 2 (Exh. B))
§ 18.205.030 Applicability.
The city shall collect appropriate impact fees which may be assessed to all new development activity in the city unless otherwise provided herein. Until any impact fee required by this chapter has been paid in full, no building permit for any development activity shall be issued. A stop work order shall be issued on any development activity for which the applicable impact fee has not been paid in full.
(1)
The movement of a structure onto a lot shall be considered development activity and shall be subject to the impact fee provisions, unless otherwise provided herein.
(2)
The units of development activity specified in the fee schedule shall be interpreted as follows:
(a)
Residential impact fees shall be collected by unit. For the purposes of this chapter, modular or manufactured homes are considered residential.
(b)
Building square footage shall be measured in terms of gross floor area, which is the area included within the exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above.
(3)
For categories of uses not specified in the applicable impact fee schedule, the director shall apply the category of use set forth in the applicable fee schedule that is deemed to be most similar to the proposed use.
(4)
If the development plan approval or permit for the proposed development activity indicates a mix of uses in the development, the impact fees shall be calculated separately for each use according to the fee schedule, and the results aggregated.
(5)
For an addition to or remodeling or replacement of existing structures, or for a change in use of an existing structure, the impact fee to be paid shall be the difference, if any, between:
(a)
The fee, if any, that would be payable for existing development activity on the site or, in the case of demolition or removal of a structure, the previous development activity on the site; provided, that the demolition or removal has occurred within 12 months after the date of submittal of the application for which impact fees are assessed; and
(b)
The fee, if any, that would be payable for the total development activity on the site for the new development.
(6)
Upon written request of an applicant, the director shall provide an estimate of the current fee based on the data provided by the applicant. However, the director shall not be responsible for determining, at such preliminary date, the accuracy of the information provided, nor shall such estimate provide any vested rights.
(Ord. 08-16 § 3; Ord. 18-28 § 2 (Exh. B))
§ 18.205.040 Service areas.
(1)
Impact fees may only be assessed upon development which takes place within established service areas within the city, as it relates to specific impact fees.
(2)
The city shall establish service areas for each impact fee which is imposed under this chapter.
(3)
Impact fees collected within a service area shall be spent within that service area, only on capital projects identified in the IFFP related to that fee.
(4)
Boundaries of service areas may only be revised following a public hearing and all other procedures as provided in the Act. Two service areas exist for collection of stormwater impact fees, as described in RCC § 18.205.080. For all other impact fee facilities for which an impact fee is collected, the service area associated with said impact fee shall be the entirety of the city as a single service area.
(Ord. 08-16 § 4; Ord. 18-28 § 2 (Exh. B))
§ 18.205.050 Written impact fee analysis.
(1)
Executive Summary. A summary of the findings of the written impact fee analysis that is designed to be understood by a lay person is included in the written impact fee analysis adopted by the council. The impact fee analysis demonstrates the need for impact fees to be charged. A copy of the executive summary is included in the written impact fee analysis and has been available for public inspection at least 14 days prior to the adoption of the ordinance codified in this article.
(2)
Written Analysis. The city must prepare a written impact fee analysis for the impact fees that identifies the impact upon the public utilities and 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 impacts on system improvements that are reasonably related to the development activity and identifies how the impact fees are calculated. A copy of the written impact fee analysis has been available for public inspection at least 14 days prior to the adoption of the ordinance codified in this article.
(3)
Proportionate Share Analysis. The city must prepare a proportionate share analysis which analyzes whether the proportionate share of the costs of future public facilities is reasonably related to new development activity. The proportionate share analysis must identify 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 towards the costs of new facilities from general taxation or other means apart from user charges. A copy of the proportionate share analysis is included in the written impact fee analysis, and has been available for public inspection at least 14 days prior to the adoption of the ordinance codified in this article.
(Ord. 08-16 § 5; Ord. 18-28 § 2 (Exh. B))
§ 18.205.060 Impact fee calculations and exemptions.
(1)
Article Enacting Impact Fees. The city council, by this article, approves impact fees in accordance with the written impact fee analyses previously adopted by the council.
(a)
Elements. In calculating the impact fee, the city has included the costs of improvements, material costs, fees for 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 approving the ordinance codified in this article, the city held a public hearing on September 4, 2018, in conformity with the requirements of Utah law. After the public hearing, the city council adopted this article as presented herein.
(c)
Contents of the Ordinance. The ordinance adopting or modifying an impact fee will contain such detail and elements as deemed appropriate by the city council, including a designation of the service area within which the impact fee is to be calculated and imposed. The ordinance will include (i) a schedule of impact fees to be imposed for each type of system improvement or (ii) the formula to be used by the city in calculating the impact fees, or both.
(d)
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.
(e)
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 and bond costs previously incurred by the city. These projects are included in the calculation of the impact fee and are under construction or completed but have not been utilized to their capacity, as evidenced by outstanding debt obligations.
(2)
Developer Credits. A developer may be allowed a credit against impact fees for any dedication of land or improvement to or new construction of system improvements provided by the developer; provided, that (a) it is identified in the city's capital facilities plan and (b) required by the city as a condition of approving the development activity. Otherwise, no credit may be allowed.
(3)
Exemptions. The following shall be exempted from the payment of all impact fees:
(a)
Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit for such replacement is obtained within 12 months after the demolition or destruction of the prior structure or mobile home and the replacement is completed within 24 months after the granting of the building permit.
(b)
Alteration, expansion, enlargement, remodeling, rehabilitation, or conversion of an existing unit where no additional units are created and the use is not materially changed.
(c)
Construction of accessory structures that will not create significant impacts on the planned facilities.
(d)
Miscellaneous accessory improvements to use, including, but not limited to, fences, walls, and signs.
(e)
Demolition or moving of a structure.
(f)
Placing on a lot in the city a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office.
(g)
Any development activity not involving the construction or placement of a structure or building, including, but not limited to, the mere subdivision of land, installation of utilities, or the use of land for limited recreational, agricultural, filling or dredging purposes, which, as demonstrated by the developer in writing to the director, will not result in a net increase in demand on facilities covered by impact fees.
(4)
Impact Fees Accounting. The city will establish separate interest-bearing ledger accounts for each type of public facility for which an impact fee is collected and deposited into 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 moneys 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 the impact fees policy only for system improvements that are (i) public facilities identified in the city's capital facilities plan and (ii) of the specific public facility type for which the fee was collected.
(c)
Time of Expenditure. Impact fees collected pursuant to the requirements of this impact fee policy are to be expended, dedicated or encumbered for a permissible use within six years of the receipt of those funds by the city, unless otherwise directed by the city council. 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 years if it identifies in writing (i) an extraordinary and compelling reason why the fees should be held longer than six years and (ii) an absolute date by which the fees will be expended.
(5)
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 seized 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.
(6)
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.
(7)
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, such as engineering and inspection fees, 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.
(8)
Fees Effective at Time of Payment. Unless the city is otherwise bound by a contractual requirement, the impact fee shall be determined from the fee schedule in effect at the time of payment in accordance with the provisions of RCC § 18.205.080.
(9)
Imposition of Additional Fee or Refund 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. 08-16 § 6; Ord. 18-28 § 2 (Exh. B))
§ 18.205.070 Capital facilities plan.
The city has prepared capital facilities plans for storm drain, secondary water, transportation, public safety, and parks and recreation. The capital facilities plans have been prepared based on reasonable growth assumptions for the city, general demand characteristics of future users of each system, and engineering principles. Furthermore, the capital facilities plans identify the impact on system improvements created by development activity and estimate the proportionate share of the costs of impacts on system improvements that are reasonably related to new development activity.
(Ord. 08-16 § 7; amended during 2011 recodification; Ord. 18-28 § 2 (Exh. B))
§ 18.205.080 Impact fee schedule and calculations – Maximum supportable impact fees.
The fee schedule included herein represents the maximum impact fees which the city may impose on development within the defined service area and are based upon general demand characteristics and potential demand that can be created by each class of user. The city reserves the right under the Impact Fees Act, Section 11-36-202(2)(c) and (d), Utah Code Annotated 1953, to assess an adjusted fee to respond to unusual circumstances to ensure that the fees are equitably assessed.
This adjustment may result in a higher fee if the city determines that a user would create a greater than normal impact on the system. The city may also decrease the fee if the developer provides documentation that the proposed impact will be less than what could be expected given the type of user (Section 11-36-202(3)(a), Utah Code Annotated 1953).
STORM DRAIN IMPACT FEES | |
|---|---|
FEES BY SERVICE AREA | |
East Service Area Impact Fee per Acre: | $3,071.67 |
West Service Area Impact Fee per Acre: | $4,604.81 |
FIRE IMPACT FEES | ||
|---|---|---|
Calls per Unit/SF | Fee per Unit/SF | |
Residential – per unit | 0.08946 | $355.38 |
Nonresidential – per building SF | 0.0000562 | $0.22 |
PARKS AND RECREATION IMPACT FEES | |
|---|---|
COMBINED PARKS/TRAILS IMPACT FEE | |
Total Fee per Capita | $877.17 |
Total Fee per Household (3.62 PPH) | $3,894.82 |
CULINARY WATER IMPACT FEES | |
|---|---|
CULINARY WATER IMPACT FEE | |
Total Impact Fee per Equivalent Residential Unit | $1,426.06 |
SECONDARY WATER IMPACT FEES | |
|---|---|
SECONDARY WATER IMPACT FEE | |
Total Impact Fee per Equivalent Residential Unit | $6,306.42 |
TRANSPORTATION IMPACT FEES | ||||||
|---|---|---|---|---|---|---|
Land Use Category | ITE Code | Cost per Trip | Peak Hour Trips | Adjustment Factor | Trip Lengths | Impact Fee/Unit |
Single-Family Residential (unit) | 210 | $1,510 | 1.01 | 1.00 | 1.74 | $2,653.36 |
Apartment Building (unit) | 220 | $1,510 | 0.62 | 1.00 | 1.74 | $1,628.79 |
Condo/Townhouse (each dwelling unit) | 230 | $1,510 | 0.52 | 1.00 | 1.74 | $1,366.09 |
Assisted Living (each dwelling unit) | 254 | $1,510 | 0.22 | 1.00 | 1.74 | $577.96 |
Land Use/1,000 sq. ft. | ||||||
Warehousing (each 1,000 sq. ft.) | 150 | $1,510 | 0.32 | 1.00 | 2.71 | $1,309.32 |
Light Industrial (1,000 sq. ft.) | 110 | $1,510 | 0.97 | 1.00 | 2.71 | $3,968.86 |
Manufacturing (each 1,000 sq. ft.) | 140 | $1,510 | 0.73 | 1.00 | 2.71 | $2,986.88 |
Lodging | ||||||
Hotel (per room) | 310 | $1,510 | 0.59 | 1.00 | 1.59 | $1,416.36 |
Motel Lodging (each room) | 320 | $1,510 | 0.47 | 1.00 | 1.59 | $1,128.29 |
Recreational | ||||||
Golf Course (per hole) | 430 | $1,510 | 2.78 | 1.00 | 1.59 | $6,673.71 |
Multiplex Movie Theater (each seat) | 444 | $1,510 | 0.08 | 1.00 | 1.59 | $192.05 |
Health/Fitness Club (each 1,000 sq. ft.) | 492 | $1,510 | 3.53 | 1.00 | 1.59 | $8,474.17 |
Institutional | ||||||
Elementary School (each 1,000 sq. ft.) | 520 | $1,510 | 1.21 | 1.00 | 1.7 | $3,105.70 |
Middle/Jr. High School (each 1,000 sq. ft.) | 522 | $1,510 | 1.19 | 1.00 | 1.7 | $3,054.37 |
High School (each 1,000 sq. ft.) | 530 | $1,510 | 0.97 | 1.00 | 1.7 | $2,489.69 |
Church (each 1,000 sq. ft.) | 560 | $1,510 | 0.55 | 1.00 | 1.7 | $1,411.68 |
Day Care Center (each 1,000 sq. ft.) | 565 | $1,510 | 12.46 | 1.00 | 1.7 | $31,981.01 |
Medical | ||||||
Hospital (each 1,000 sq. ft.) | 610 | $1,510 | 1.14 | 1.00 | 1.59 | $2,736.70 |
Nursing Home (each 1,000 sq. ft.) | 620 | $1,510 | 0.74 | 1.00 | 1.59 | $1,776.45 |
Animal Hospital/Veterinary Clinic (each 1,000 sq. ft.) | 640 | $1,510 | 4.72 | 1.00 | 1.59 | $11,330.90 |
Office | ||||||
General Office Building (each 1,000 sq. ft.) | 710 | $1,510 | 1.49 | 1.00 | 1.59 | $3,576.91 |
Medical/Dental Office Building (each 1,000 sq. ft.) | 720 | $1,510 | 3.46 | 1.00 | 1.59 | $8,306.12 |
Retail | ||||||
Building Materials and Lumber (each 1,000 sq. ft.) | 812 | $1,510 | 4.49 | 0.74 | 1.59 | $7,976.28 |
Freestanding Discount Superstore (each 1,000 sq. ft.) | 813 | $1,510 | 4.61 | 0.72 | 1.59 | $7,968.12 |
Specialty Retail (each 1,000 sq. ft.) | 814 | $1,510 | 2.71 | 0.66 | 1.59 | $4,293.74 |
Garden Center/Nursery (each 1,000 sq. ft.) | 817 | $1,510 | 3.8 | 0.74 | 1.59 | $6,750.53 |
Shopping Center (each 1,000 sq. ft.) | 820 | $1,510 | 3.73 | 0.66 | 1.59 | $5,909.83 |
New Car Sales (each 1,000 sq. ft.) | 841 | $1,510 | 2.59 | 0.72 | 1.59 | $4,476.66 |
Automobile Parts Sales (each 1,000 sq. ft.) | 843 | $1,510 | 5.98 | 0.57 | 1.59 | $8,182.73 |
Tire Store (each 1,000 sq. ft.) | 848 | $1,510 | 4.15 | 0.72 | 1.59 | $7,173.03 |
Supermarket (1,000 sq. ft.) | 850 | $1,510 | 10.5 | 0.64 | 1.59 | $16,132.12 |
Convenience Market – 24 hrs. (each 1,000 sq. ft.) | 851 | $1,510 | 52.41 | 0.39 | 1.59 | $49,068.31 |
Discount Club (each 1,000 sq. ft.) | 857 | $1,510 | 4.24 | 0.77 | 1.59 | $7,837.52 |
Department Store | 875 | $1,510 | 1.78 | 0.66 | 1.59 | $2,820.24 |
Apparel Store (each 1,000 sq. ft.) | 876 | $1,510 | 3.83 | 0.66 | 1.59 | $6,068.27 |
Pharmacy/Drug Store no Drive-Through (each 1,000 sq. ft.) | 880 | $1,510 | 8.42 | 0.47 | 1.59 | $9,500.19 |
Pharmacy/Drug Store with Drive-Through (each 1,000 sq. ft.) | 881 | $1,510 | 10.35 | 0.51 | 1.59 | $12,671.64 |
Furniture Store (each 1,000 sq. ft.) | 890 | $1,510 | 0.45 | 0.47 | 1.59 | $507.73 |
Services | ||||||
Bank, Drive-Through (each 1,000 sq. ft.) | 912 | $1,510 | 25.82 | 0.53 | 1.59 | $32,851.44 |
Restaurant – Quality (each 1,000 sq. ft.) | 931 | $1,510 | 7.49 | 0.56 | 1.59 | $10,069.13 |
High Turnover (Sit-Down) Restaurant | 932 | $1,510 | 11.15 | 0.57 | 1.59 | $15,257.10 |
Fast Food Restaurant | 934 | $1,510 | 33.84 | 0.58 | 1.59 | $47,117.33 |
Quick Lubrication (each servicing position) | 941 | $1,510 | 5.19 | 0.50 | 1.59 | $6,229.59 |
Automobile Care Center (each 1,000 sq. ft.) | 942 | $1,510 | 3.38 | 0.72 | 1.59 | $5,842.13 |
Automobile Parts and Service Center (each 1,000 sq. ft.) | 943 | $1,510 | 4.46 | 0.57 | 1.59 | $6,102.84 |
Gas Station (each fueling position) | 944 | $1,510 | 13.87 | 0.58 | 1.59 | $19,311.98 |
Gas Station with Convenience Market (each fueling position) | 945 | $1,510 | 13.38 | 0.44 | 1.59 | $14,132.89 |
Self-Service Car Wash (each stall) | 947 | $1,510 | 5.54 | 0.58 | 1.59 | $7,713.65 |
(Ord. 08-16 § 8; Ord. 18-28 § 2 (Exh. B); Ord. 20-30 § 7)
§ 18.205.090 Developer agreements for impact fees.
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:
(1)
The estimated cost of the qualifying improvements, using the lowest responsive bid by a qualified bidder, which bid is approved by the director; or, if no bid is available, the estimated cost certified by a licensed Utah engineer and approved by the director;
(2)
A schedule for initiation and completion of the qualifying improvement;
(3)
A requirement that the qualifying improvement be designed and completed in compliance with any applicable city or state laws or regulations; and
(4)
Such other terms and conditions as deemed necessary by the city.
(Ord. 11-02 § 2; Ord. 18-28 § 2 (Exh. B))
§ 18.205.100 Fee exceptions and adjustments.
(1)
Waiver for Public Purpose. The city council may, on a project-by-project basis, authorize exceptions or adjustments to the then 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. Such projects may include low income housing.
(2)
Adjustments. The city may adjust impact fees imposed pursuant to this article as necessary in order to respond to unusual circumstances in specific areas, ensure that impact fees are imposed fairly, permit the adjustments of the amount of the impact fees based upon studies and data submitted by an applicant in order to ensure that the impact fee represents the proportionate share of the cost of providing such public facilities and water which are reasonably related to and necessary in order to provide the services in question to anticipate future growth and development activities. The city may also adjust impact fees to respond to a request for a prompt and individualized impact fee review for the development activity of an agency of the state of Utah, a school district, or charter school.
(Ord. 11-02 § 3; Ord. 18-28 § 2 (Exh. B))
§ 18.205.110 Appeal procedures.
(1)
Application. The appeal procedure applies 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.
(2)
Request for Information Concerning the Fee. Any person or entity required to pay an impact fee under this article may file a written request for information concerning the fee with the city. The city will provide the person or entity with the city's written impact fee analysis and other relevant information relating to the impact fee within 14 days after receipt of the request for information.
(3)
Appeal to City before Payment of the Impact Fee. Any affected or potentially affected person or entity who wishes to challenge an impact fee under this article prior to payment thereof may file a written request for information concerning the fee and proceed under the city's appeal procedure.
(4)
Appeal to City after Payment of the Impact Fee – Statute of Limitations for Failure to File. Any person or entity that has paid an impact fee under this article and wishes to challenge the fee shall file a written request for information concerning the fee after having paid the fee and proceed under the city's appeal procedure. The deadlines for filing an appeal shall be as follows:
(a)
Notice. Within 30 days after the person making the appeal pays the impact fee, he or she may challenge whether the city complied with the notice requirements of the Utah State Impact Fee Act with respect to the imposition of the impact fee; and
(b)
Procedure. Within 180 days after the person making the appeal pays the impact fee, he or she may challenge whether the city complied with other procedural requirements of the Utah State Impact Fee Act for imposing the impact fee; and
(c)
Impact Fee. Within one year after the person making the appeal pays the impact fee, he or she may challenge the impact fee.
(5)
Appeals to City. Any developer, landowner or affected party desiring to challenge the legality of any impact fee or related fee or exaction under this article may appeal directly to the city by filing a written challenge with the city before the deadlines provided in subsection (4) of this section.
(a)
Hearing. An informal hearing will be held not sooner than five days nor more than 25 days after the written appeal to the city is filed.
(b)
Decision. After the conclusion of the informal hearing, the mayor shall affirm, reverse, or take action with respect to the challenge or appeal as the mayor deems appropriate. The decision of the mayor will be issued within 30 days after the date the written challenge was filed. In light of the statutorily mandated time restriction, the city shall not be required to provide more than three 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.
(6)
Denial Due to Passage of Time. Should the city, for any reason, fail to issue a final decision on a written challenge to an impact fee, its calculation or application, within 30 days after the filing of that challenge with the city, the challenge shall be deemed to have been denied.
(7)
Judicial Review. Nothing in this article shall be interpreted to alter the statutory deadlines before which an action to challenge an impact fee must be initiated in the district court. After having been served with a copy of the pleadings initiating a court review, the city shall submit to the court the record of the proceedings before the city, including minutes, and, if available, a true and correct transcript of any proceedings.
(Ord. 11-02 § 4; Ord. 18-28 § 2 (Exh. B))