A. The city may adjust the impact fees imposed pursuant to this chapter as necessary in order to:
1. Respond to unusual circumstances in specific cases;
2. Ensure that the impact fees are imposed fairly;
3. Permit the adjustment of the amount of the fee based upon studies and data submitted by an applicant or developer, as approved by the city council; and
4. Allow a credit against impact fees, as approved by the city council, for dedication of land for, improvement to, or new construction of, any system improvements by the applicant or developer if the facilities are identified in the city facilities capital improvement plan or other reasonable plans and are required by the city as a condition of approving the development activity. No credits shall be given for project improvements as defined by the Utah impact fees act.
B. The planning and zoning commission shall have the authority to make such adjustments based upon information submitted by an applicant or developer and any recommendations from other appropriate city officials or employees, including the city engineer.
C. The city may adopt policies consistent with this chapter and any resolutions passed by the city council to assist in the implementation, administration and interpretation of this chapter related to municipal impact fees.
D. If the applicant, developer, person or entity is not satisfied with the planning and zoning commission's decision, an appeal may be made to the city council under the procedures set forth in section 8-2-6 of this chapter. (Ord. 2003-10, 10-21-2003)