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This Chapter shall be uniformly applicable to development activity that occurs within a designated development service area in accordance with any impact fee enacted pursuant to Section 7-9-17 of this Chapter.
(1979 Code § 12.40.030; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Required; Calculation, Verification: No building permit shall be issued for development activity in a designated development service area unless an enacted and in force impact fee is calculated and imposed pursuant to the provisions of this Chapter and the ordinance enacted pursuant to Section 7-9-12 of this Chapter. The Building Official shall forward any building permit application for development activity within a designated development service area to the City Engineer, who shall calculate and verify in writing the applicability of the impact fee ordinance, the method of calculation, and the total fee amount to be imposed by designated service area.
B. Proportionate Share: Impact fees shall not exceed the proportionate share of the costs of providing public facilities which are reasonably related to those development activities subject to the fees.
C. Previously Constructed Improvements: Impact fees also may include a proportionate assessment for public facility costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvement.
D. Standards And Guidelines Of Act: For any impact fee enacted after July 1, 1995, or for any impact fee, effective July 1, 1997, in analyzing whether or not the proportionate share of the costs of public facilities are reasonably related to the new development activity, the City shall comply with the standards and guidelines established under the Act.
E. Existing, Temporary Fees; Factors: Until July 1, 1997, for existing impact fees or temporary impact fees for public facilities approved prior to July 1, 1995, in determining the portion of capital improvement costs that will be funded through the imposition of any impact fee, the following factors shall be considered:
1. The need for new facilities to serve new development based on a capital improvements plan that shows: a) any deficiencies in existing facilities that serve existing development and the means by which existing development will be assessed and assessments used to make up such deficiencies; and b) any capital improvements that are attributable to the demands placed on specified facilities by new development;
2. The need for impact fees considering the availability of other means to fund capital improvements, including, but not limited to, user charges, taxes, intergovernmental transfers and other revenue, and special taxation or assessment districts;
3. The cost of existing capital improvements;
4. The method by which the existing capital improvements were financed;
5. The extent to which developments paying the impact fee already have contributed to the cost of the existing facility and the credit against impact fees that may be due therefrom;
6. The extent to which developments paying the impact fee will contribute to the cost of the existing facility in the future (i.e., user fees, debt payments, or proportion of future taxes reasonably expected to be used for any debt retirement of the existing facility) and the credit against impact fees that may be due therefrom;
7. The extent to which new development is required as a condition of approval to construct facilities that substantially benefit other development and the credit against impact fees that may be due therefrom; and
8. The time-price differential inherent in comparisons of amounts paid and benefits received at different times and the credit against or reduction in impact fees that may be due therefrom.
E. Use Of Revenues: Impact fee revenues may be used for new or enlarged capital improvement projects that will reasonably benefit anticipated future development as well as those developments that have paid the fee, as long as the fee represents the benefit received by the development being assessed.
F. New Developments: Impact fees that are assessed against new development shall be assessed in such a manner that any new development having the same impacts on capital facilities shall be assessed the same impact fee. This provision notwithstanding, the local governing body may contribute any part or all of the impact fee assessed against certain new development that achieves other policies, including, but not limited to, the provision of affordable housing and the retention of existing employment or the generation of new employment.
(1979 Code § 12.40.040; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Requirements: Development service areas are established as shown on the development service areas map within the ordinance enacting the impact fee. Such development service areas will be established consistent with any facility service areas established in the Capital Facilities Plan for each public facility. Such areas will provide a nexus between those paying the fees and benefits received to ensure that those developments paying impact fees receive substantial benefits.
B. Additional Areas; Considerations: Additional development service areas or combinations of all or parts of existing development service areas may be designated by the City Council as development service areas consistent with the procedure set forth in this Chapter. The City Council must consider the following factors in determining when and whether to add development service areas:
1. The general plan.
2. Any standards for adequate public facilities incorporated in the Capital Improvements Plan.
3. The projected full development as permitted by the Subdivision Title and the Zoning Title.
4. The need for and cost of unprogrammed capital improvements necessary to support projected development.
5. Such other factors as the City Council may deem relevant.
The principal reason for identifying a development service area or combination of development service areas is to ensure that development service areas projected to experience significant development in the future will be served adequately by necessary capital improvements.
(1979 Code § 12.40.050; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
As a part of the Capital Facilities Plan, each development service area shall have calculated for it upon an engineering or planning basis, the appropriate type of and total applicable units of measure in order to determine the development potential of the development service area. These calculations shall take into consideration:
A. Acreage available for development.
B. Current zoning of the respective service area.
C. Zoning Title.
D. Subdivision Title.
E. Topographic and geologic features affecting developability of the service area.
(1979 Code § 12.40.060; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
As a part of the Capital Improvements Plan, there shall be developed and maintained a capital improvements program which specifies the schedule by which capital improvements financed by impact fees under this Chapter will be installed.
(1979 Code § 12.40.070; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
The impact fee coefficients applicable to each of the various service areas shall be based upon the Capital Facilities Plan and the equitable distribution of the costs delineated within the Plan by dividing the cost of the specific public facility by the number of units of measure applicable to the respective service area.
(1979 Code § 12.40.080; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Determinations For Calculation: The City shall calculate the amount of the applicable impact fee due for each building permit, under the enacted impact fee ordinance, by:
1. Determining the applicable designated development service area;
2. Determining the types of uses within the development, if applicable;
3. Verifying the applicable type of units of measure for that service area for which each building permit is sought;
4. Verifying the applicable impact fee coefficient;
5. Determining the number of units of measure applicable to the particular development;
6. Multiplying the applicable impact fee coefficient by the number of the units of measure;
7. Applying any adjustments provided under subsection D of this Section.
B. Mixed Uses: If the development for which a building permit is sought contains a mix of uses which are subject to different units of measure or coefficients under the impact fee ordinance, the City must separately calculate the impact fee due for each type of development.
C. Nonbinding Impact Fee Estimate: Prior to making an application for building permit, an applicant may request a nonbinding impact fee estimate from the City, which estimate shall be based on the development potential of the particular site and through the same manner as provided above.
D. Adjustment Of Fee: The Director of the Public Works Department, upon recommendation of the City Engineer, may adjust the standard impact fee or the calculation of the amount of the impact fee at the time the fee is charged or imposed:
1. To respond to unusual circumstances in specific cases and ensure that the impact fees are imposed fairly; or
2. Based upon studies and data submitted by the developer indicating such adjustment is required to meet the intent of the provisions of this Chapter and the Act.
The basis for such adjustments shall be documented in writing. If the reasons presented for such adjustment indicate a need to adjust the impact fee coefficient or the applicable unit of measure under the standard impact fee, the City Engineer shall make recommendations to the City Council for such amendment to the impact fee ordinance.
(1979 Code § 12.40.090; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Requirement To Pay: 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. 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 section 11-36-201 of the Act and with any other relevant information relating to the impact fee.
B. Payment: Within thirty (30) days after paying an impact fee, any person or entity who has paid the fee and wishes to challenge the fee may appeal the imposition or amount of the impact fee to the Mayor by filing a written notice of appeal with the City Recorder.
C. Hearing Procedure: Hearings to consider an appeal of the imposition or amount of an impact fee shall be heard by the Mayor or the Mayor's appointed designee, as the hearing officer. Such hearing shall conform to the following procedures:
1. Reasonable notice of the date, time and place of the hearing shall be provided to the appellant by mailing a notice of hearing to the appellant not later than five (5) days prior to the hearing.
2. All witnesses called at such hearing shall be sworn by a person duly authorized to administer oaths, and a record of such proceedings shall be made by a recording or written minutes, at the direction of the hearing officer.
3. An appellant shall have the right to appear at the hearing in person or by counsel, or both, present evidence, present argument on the appellant's behalf, cross-examine witnesses, and in all proper ways present the appellant's position.
4. The hearing officer shall make a decision based upon the evidence presented at such hearing and shall issue a written decision or order with findings no later than thirty (30) days after the date the appeal is filed.
D. District Court Petition: Within ninety (90) days of the decision or order upholding an impact fee or within one hundred twenty (120) days after the date the appeal was filed, whichever is earlier, any party adversely affected by the decision may petition the District Court for a review of the decision in accordance with Utah Code Annotated section 11-36-401, as amended.
(1979 Code § 12.40.100; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Transfer Of Funds To City Treasurer: Upon receipt of impact fees, the City Treasurer shall be responsible for placement of such funds into separate accounts or subaccounts as hereinafter specified. All such funds shall be deposited in interest-bearing accounts in a bank authorized to receive deposits of City funds. Interest earned by each account or subaccount shall be credited to that account or subaccount and shall be used solely for the purpose specified for funds of such account or subaccount.
B. Establishment And Maintenance Of Accounts: The City shall establish separate interest-bearing ledger accounts or subaccounts and maintain records for each such account whereby impact fees collected can be segregated by development service area (specific areas must be named).
C. Maintenance Of Records: The City shall maintain and keep accurate financial records for each such account or subaccount that shall show the source and amount of all monies collected, earned, and received by the fund or account; that shall show each expenditure from the fund or account; and that shall ensure that the disbursement of funds from each account or subaccount shall be used solely and exclusively for the provision of projects specified in the Capital Facilities Plan for the particular development service area; and that shall provide an annual accounting for each impact fee account or subaccount showing the source and amount of all funds collected and the projects that were funded.
D. Review And Modification: The City shall, in conjunction with the annual capital budget and Capital Improvements Plan adoption processes, review the development potential of each development service area and the Capital Facilities Plan and make such modifications as are deemed necessary as a result of
1. Development occurring in the prior year;
2. Public facilities actually constructed;
3. Changing facility needs;
4. Inflation;
5. Revised cost estimates for public facilities;
6. Changes in the availability of other funding sources applicable to public facility projects; and
7. Such other factors as may be relevant.
Modifications to the development potential, the capital improvements program, and the impact fee coefficients shall be recommended to the City Council as necessary. Responsibility for these actions shall rest with the City Engineer.
(1979 Code § 12.40.110; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
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