(A) Impact fees act authority. The city is authorized to impose impact fees subject to and in accordance with applicable provisions of the Impact Fees Act. An IMPACT FEE is defined as a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. Impact fees may only be established for public facilities, as defined in U.C.A. § 11-36a-102 that have a life expectancy of ten or more years and are owned or operated by or on behalf of a local political subdivision. Public facilities for which impact fees may be imposed include public facilities for facilities.
(B) Impact fees act restrictions. Pursuant to U.C.A. § 11-36a-202 of the Impact Fees Act, the city may not impose an impact fee to:
(1) Cure deficiencies in public facilities serving existing development;
(2) Raise the established level of service of a public facility serving existing development;
(3) Recoup more than the local political subdivision’s costs actually incurred for excess capacity in an existing system improvement; or
(4) Include an expense for overhead, unless the expense is calculated pursuant to a methodology that is consistent with generally accepted cost accounting practices and the methodological standards set forth by the Federal Office of Management and Budget for federal grant reimbursement.
(Prior Code, § 6.01.020) (Ord. 18-05, passed 5-17-2018)