A. Each person or entity intending to challenge an impact fee under section 8-2-6 of this chapter shall file a written request for arbitration with the city within thirty (30) days.
B. If a person or entity files a written request for arbitration under subsection A of this section, an arbitrator or arbitration panel shall be selected as follows:
1. The city and the person or entity filing the request may agree on a single arbitrator within ten (10) days after the day the request for arbitration is filed; or
2. If a single arbitrator is not agreed to in accordance with subsection B1 of this section, an arbitration panel shall be created with the following members:
a. Each party shall select an arbitrator within twenty (20) days after the day the request is filed; and
b. The arbitrators selected under subsection B2a of this section shall select a third arbitrator.
C. The arbitration panel shall hold a hearing on the challenge within thirty (30) days after the date:
1. The single arbitrator is agreed on under subsection B1 of this section; or
2. The two (2) arbitrators are selected under subsection B2b of this section.
D. The arbitrator or arbitration panel shall issue a decision in writing within ten (10) days from the date the hearing under subsection C of this section is completed.
E. Except as provided in this section, each arbitration shall be governed by Utah Code Annotated title 78, chapter 31a, the Utah arbitration act.
F. The parties may agree to:
1. Binding arbitration;
2. Formal, nonbinding arbitration; or
3. Informal, nonbinding arbitration.
G. If the parties agree in writing to binding arbitration:
1. The arbitration shall be binding;
2. The decision of the arbitration panel shall be final;
3. Neither party may appeal the decision of the arbitration panel; and
4. Notwithstanding subsection J of this section, the person or entity challenging the impact fee may not also challenge the impact fee under any subsection of section 8-2-6 of this chapter, nor under Utah Code Annotated section 11-36-401(1), (4)(c)(i) or (4)(c)(iii).
H. 1. Except as provided in subsection H2 of this section, if the parties agree to formal, nonbinding arbitration, the arbitration shall be governed by the provisions of Utah Code Annotated title 63, chapter 46b, the administrative procedures act.
2. For purposes of applying Utah Code Annotated title 63, chapter 46b, the administrative procedures act, to formal, nonbinding arbitration under this section, notwithstanding section 63-46b-20, "agency" means Garland City.
I. 1. An appeal from a decision in an informal, nonbinding arbitration may be filed with the first district court.
2. Each appeal under subsection I1 of this section shall be filed within thirty (30) days after the date the arbitration panel issues a decision under subsection D of this section.
3. The district court shall consider de novo each appeal filed under this subsection.
4. Notwithstanding subsection J of this section, a person or entity that files an appeal under this subsection provision may not also challenge the impact fee under any of section 8-2-6 of this chapter, nor under Utah Code Annotated section 11-36-401(1), (4)(c)(i) or (4)(c)(iii).
J. 1. Except as provided in subsections G4 and I4 of this section, this section may not be construed to prohibit a person or entity from challenging an impact fee as provided in section 8-2-6 of this chapter, or Utah Code Annotated section 11-36-401(1), (4)(c)(i) or (4)(c)(iii).
2. The filing of a written request for arbitration with thirty (30) days tolls all time limitations under section 8-2-6 of this chapter until the date the arbitration panel issues a decision.
K. The person or entity filing a request for arbitration and the city shall equally share all costs of an arbitration proceeding under this section. (Ord. 2003-10, 10-21-2003)