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The owner or developer of property located in one of the drainage basins for which storm water facilities improvements are necessary in order to accommodate new development shall pay an impact fee to the city for that purpose. The amount of the fees shall be as set in this section. The city council may adjust the fee for inflation by resolution on an annual basis for each fiscal year based on a report from the department utilizing the construction cost index published by the engineering news record. The fee shall be paid as a condition precedent to the issuance of a building permit or construction of improvements upon the property in question. Where the development is a subdivision of a conditional use, the fee shall be paid to and collected by the department prior to the approval of the plat or plan by the department.
Holladay (Big Cottonwood) Basin
(Development Runoff ÷ 903.5) X $8,060,037 = Gross Fees
(1999 Code)
All of the impact fees collected pursuant to this chapter shall be deposited into a separate interest bearing ledger account for storm water facilities and may only be used for that purpose. The accounting, expenditure and refund of all such impact fees collected shall be handled by the city in accordance with the provisions of the Utah impact fees act. (1999 Code)
A. Purposes: 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 as approved by the division in order to ensure that the fee represents the proportionate share of the costs of providing such facilities which are reasonably related to and necessary in order to provide the services in question to anticipated future growth and development activities; and
4. Allow credits against impact fees for dedication of land for, improvement to or new construction of, any system improvements which are identified in the capital facilities plan and 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. Mayor Authority: The mayor shall have the authority to make such adjustments based upon information submitted by the applicant and the recommendations from the department.
C. Adoption Of Policies: 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 title related to storm water facilities impact fees.
D. Appeal: If the applicant, person or entity is not satisfied with the mayor's decision, a further appeal may be made to the city council under the procedures specified in section 17.27.060 of this chapter. (1999 Code)
A. Request For Information: Any person or entity required to pay an impact fee who believes the fee does not meet the requirements of law may file a written request for information with the city as provided by the Utah impact fees act. Within two (2) weeks of the receipt of the request for information, the city shall provide the person or entity with the written analysis required by the Utah impact fees act and any other relevant information relating to the impact fee.
B. Written Appeal; Time Limit; Hearing; Decision: Any person or entity residing in or owning property within the city who believes the fee does not meet the requirements of the law or wishes to challenge the fee shall file a written appeal within thirty (30) days after payment of any impact fee with the city setting forth in detail all factual and legal grounds in support of the appeal. Upon receipt of the appeal, the mayor promptly shall make a recommendation to the city council and shall schedule a public hearing before the city council for the purpose of receiving input from all persons interested in the appeal. The city council shall thereafter render its decision on the appeal no later than thirty (30) days after the date the appeal was filed. Any person or entity who has failed to comply with these administrative remedies may not file or join an action challenging the validity of any impact fee.
C. District Court Review: Any person or entity who was a party to an appeal under this section who is adversely affected by the decision of the mayor may petition the district court for a review of the decision within ninety (90) days after a decision upholding an impact fee by the mayor or within one hundred twenty (120) days after the date the challenge to the impact fee was filed, whichever is earlier. Such a declaratory judgment action or petition for review challenging the validity of the fee shall be filed in the third judicial district court for Salt Lake County.
D. Record Transmitted To Court: In the event a petition is filed with the court, the city shall transmit to the reviewing court the record of its proceedings including its minutes, findings, orders and, if available, a true and correct transcript of its proceedings.
E. Tape Recording If Available: If the proceeding was tape recorded, a transcript of that tape recording is a true and correct transcript for the purposes of subsection D of this section.
F. Record; Scope Of Review: If there is a record:
1. The district court's review is limited to the record provided by the city; and
2. The court may not accept or consider any evidence outside the city's record unless that evidence was offered to the city and the court determines that it was improperly excluded by the city.
G. Inadequate Record: If there is an inadequate record, the court may call witnesses and take evidence.
H. Affirmation Of City Decision: The court shall affirm the decision of the city if the decision was supported by substantial evidence in the record.
I. Award Of Fees And Costs: The judge may award reasonable attorney fees and costs to the prevailing party in any action brought under this section. (1999 Code)