(A) Impact fees accounting. Pursuant to U.C.A. § 11-36a-601 of the Impact Fees Act, the city will establish a separate interest bearing ledger account for each type of public facility for which an impact fee is collected, deposit a receipt for an impact fee in the appropriate ledger account established herein and retain the interest earned on each fund or ledger account in the fund or ledger account.
(B) Reporting. At the end of each fiscal year, the city shall prepare a report on each fund or ledger account showing the source and expenditures as required by law. Annually, the city shall produce and transmit to the State Auditor a certified report in accordance with U.C.A. § 11-36a-601 in a format developed by the State Auditor.
(C) Impact fee expenditures.
(1) Pursuant to U.C.A. § 11-36a-602 of the Impact Fees Act, the city may expend impact fees only for a system improvement:
(a) Identified in the IFFP; and
(b) For the specific public facility type for which the fee was collected.
(2) Impact fees will be expended on a first-in first-out basis.
(D) Time of expenditure. Except as otherwise provided by law, the city shall expend or encumber impact fees for a permissible use within six years of their receipt. For purposes of this calculation, the first funds received shall be deemed to be the first funds expended.
(E) Extension of time. Pursuant to U.C.A. § 11-36a-602 of the Impact Fees Act, the city may hold the impact fees for longer than six years if it identifies in writing:
(1) An extraordinary and compelling reason why the fees should be held longer than six years; and
(2) An absolute date by which the fees will be expended.
(F) Refunds.
(1) Pursuant to U.C.A. § 11-36a-603 of the Impact Fees Act, the city shall refund any impact fees paid by a developer, plus interest earned, when:
(a) The developer does not proceed with the development activity and has a written request for a refund;
(b) The fees have not been spent or encumbered; and
(c) No impact has resulted.
(2) 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.
(G) 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, at 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.
(H) Additional fees and costs. The impact fees authorized herein 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.
(I) Fees effective at time of payment. Unless otherwise provided in the city’s Consolidated Fee Schedule, the city will collect the impact fees prior to final plat recording or prior to building permit issuance, as applicable. The fees will be calculated by the city. Unless the city is otherwise bound by a contractual requirement, the impact fees shall be determined from the fee schedule in effect at the time of payment.
(J) Imposition of additional fee or refund after development. Should any developer undertake development activities such that the ultimate acreage 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 acreage within the development, the city shall be entitled to charge an additional impact fee to the developer or other appropriate person covering the acreage for which an impact fee was not previously paid.
(Prior Code, § 6.01.100) (Ord. 18-05, passed 5-17-2018)