(A) Adjustments.
(1) In accordance with U.C.A. § 11-36a-402 of the Impact Fees Act, the city may adjust the impact fees at the time the fee is charged to respond to:
(a) Unusual circumstances in specific cases;
(b) A request for a prompt and individualized impact fee review for the development activity of the state, a school district or a charter school and an offset or credit for a public facility for which an impact fee has been or will be collected; and
(c) To ensure that impact fees are imposed fairly.
(2) The impact fees assessed to a particular development may also be adjusted should the developer supply sufficient written information, studies and/or data to the city showing a discrepancy between the fee being assessed and the actual impact on the system.
(B) Developer credits.
(1) In accordance with U.C.A. § 11-36a-402 of the Impact Fees Act, a developer, including a school district or a charter school, may be allowed a credit against impact fees or proportionate reimbursement of impact fees if the developer:
(a) Dedicates land for a system improvement;
(b) Builds and dedicates some or all of a system improvement; or
(c) Dedicates a public facility that the city and the developer agree will reduce the need for a system improvement; provided that, the system improvement is:
1. Identified in the city’s IFFP; and
2. Is required by the city as a condition of approving the development activity.
(2) To the extent required in U.C.A. § 11-36a-402, the city shall provide a credit against impact fees for any dedication of land for, improvements to, or new construction of any system improvements provided by the developer if the facilities are:
(a) Are system improvement; or
(b) Are dedicated to the public and offset the need for an identified system improvement.
(C) Waiver for “public purpose”.
(1) The City Council may, on a project by project basis, authorize exceptions or adjustments to the impact fees for development activity attributable to:
(a) Low income housing;
(b) The state;
(c) A school district;
(d) A charter school; or
(e) Other development activity which the City Council determines to have a broad public purpose.
(2) Waivers provided under this division (C) shall be by resolution of the City Council.
(3) For development activities requesting a waiver as serving a broad public purpose, the City Council shall find that such activities will provide benefits to the citizens of the city as a whole and will accomplish a defined purpose of the city’s General Plan that may otherwise require the expenditure of city funds to accomplish. If the City Council is unable to make such a finding, no exemption shall be provided.
(4) The City Council shall consider requests for exemption of development activities due to the provision of low income housing only under the following circumstances:
(a) The developer is a bona fide non-profit organization which has the provision of low income housing as a principal objective;
(b) The developer has established procedures that will ensure that the dwelling or dwellings for which the exemption is requested will remain affordable to low income households for a period of not less than 30 years;
(c) The developer has established procedures that will guarantee the long-term maintenance and upkeep of the low income housing development, including all structures, landscaping and other site features; and
(d) The Planning Commission and City Council find that the project demonstrates quality in site planning and architecture.
(D) Impact Fee Adjustment Committee. Requests for adjustment or waiver of impact fees, or for developer credits, shall be reviewed by the Impact Fee Adjustment Committee (the “Committee”), which shall be comprised of three members, which shall be the Community and Economic Development Director, the Chief Building Official and the City Engineer. The Director of Public Works and the Director of Public Power shall advise the Committee, and may act as alternate members in the event that one of the Committee members is unable to attend. Committee members may also designate a member of their respective departments to act as their alternate in the event they are unable to attend.
(1) All requests for adjustment or waiver of impact fees or developer credits shall be submitted to the Community and Economic Development Department, which shall forward the request to the Committee. The Committee shall convene as needed to review all requests.
(2) Requests for adjustment or waiver of impact fees or developer credits must be requested in writing by the developer, and must include evidence supporting the request, and compiled, as applicable, in a standard form as it relates to equivalent residential units, as defined herein.
(3) If the request for adjustment or waiver or developer credit is the result of land dedication, or improvement of new public services or buildings, then a fair market appraisal shall be made of the proposal and shall be submitted, with any other evidence, to the Committee for review. The appraisal shall be at the expense of the developer. Land dedication must first be approved by the City Council.
(a) All submitted requests shall be reviewed by the Committee within 14 days from the date a complete application is submitted, and all decisions of the Committee shall be submitted in writing to the developer within 30 days following the Committee meeting.
(b) The Committee is authorized or deny requests for adjustment of impact fees. In such cases, the Committee’s decision may be appealed to the City Council.
(c) The committee shall make recommendations to the City Council regarding requests for waiver of impact fees.
(d) Minutes of committee meetings shall be submitted to the City Council.
(e) The Committee shall be subject to the requirements of the state’s Open and Public Meetings Act (U.C.A. Title 52, Chapter 4).
(4) Except for the exemption of low income housing, in the event that the City Council exempts a project from the payment of all or a portion of impact fees, it shall establish one or more sources of funds other than impact fees to offset funds that would otherwise be paid in the form of impact fees. 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.
(Prior Code, § 6.01.080) (Ord. 18-05, passed 5-17-2018)