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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)
The City may issue bonds, revenue certificates, and other obligations of indebtedness in such manner and subject to such limitations as may be provided by law in furtherance of the provision of capital improvement projects. Funds pledged toward retirement of bonds, revenue certificates, or other obligations of indebtedness for such projects may include impact fees and other City revenues as may be allocated by the City Council. Impact fees paid pursuant to this Chapter, however, shall be restricted to use solely and exclusively for financing directly, or as a pledge against bonds, revenue certificates, and other obligations of indebtedness for the cost of public facilities as specified herein.
(1979 Code § 12.40.120; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Application: The current owner of the property for which an impact fee has been paid may apply for a refund of the fee amount paid, plus interest earned, if:
1. The City has failed to expend or encumber for the public facilities to be funded wholly or in part by the respective impact fee within six (6) years of the receipt of the impact fee; provided, that the City may hold the fees for longer than six (6) years if the City Council identifies, in writing:
a. An extraordinary and compelling reason why the fees should be held longer than six (6) years; and
b. An absolute date by which the fees will be expended; or
2. The applicant has expressed, in writing, the intention not to proceed with the development activity; and
a. The building permit for which the impact fee has been paid has expired; and
b. The fees have not been spent or encumbered and no impact has resulted; or
3. The development activity for which the impact fee was paid has been altered resulting in a decrease in the amount of the impact fee due; or
4. The applicable temporary or interim impact fee, adopted prior to July 1, 1995, has expired and has not been replaced by an impact fee enactment meeting the requirements of the Act; or
5. The amount paid pursuant to a temporary or interim impact fee resulted in an overpayment under the adopted impact fee enactment as provided in subsection 7-9-17B2 of this Chapter.
B. Refund To Recorded Owner: The refund shall be made to the then-current owner or owners of the property, according to the records of the Weber County Recorder. If any question exists as to ownership, the refund will be interpleaded into District Court.
C. Submission Of Petition: The petition for refund must be submitted to the City Engineer or his or her duly designated agent on a form provided by the City for such purpose.
D. Decision: Within one month of the date of receipt of a petition for refund, the City Engineer or his or her duly designated agent must provide the petitioner, in writing, with a decision on the refund request including the reasons for the decision. If a full or partial refund is due petitioner, the City Engineer or his or her duly designated agent shall notify the City Treasurer and request that a full or partial refund payment be made to petitioner.
E. Appeal Of Determination: Petitioner may appeal the determination of the City Engineer to the Mayor in the same manner as provided in Section 7-9-10 of this Chapter.
F. Reduction Of Refund: The amount of any refund due may be reduced by amounts applied as credits pursuant to Section 7-9-16 of this Chapter.
(1979 Code § 12.40.130; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
This Chapter shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of capital improvements subject to the zoning and subdivision regulations or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development.
(1979 Code § 12.40.140; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
The impact fee is additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits. It is intended to be consistent with and to further the objectives and policies of the General Plan, the Capital Improvements Plan, and other City policies, ordinances, and resolutions by which the City seeks to ensure the provisions of public facilities in conjunction with the development of land. In no event shall a property owner be obligated to pay for capital improvements in an amount in excess of the amount calculated pursuant to this Chapter; but, provided that a property owner may be required to pay, pursuant to City ordinances, regulations, or policies, for other taxes, assessments, hookup or connection fees, or project fees or improvements in addition to the impact fee for public facilities as specified herein.
(1979 Code § 12.40.150; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Construction By Property Owner: A property owner may elect to construct a capital improvement listed in the Capital Improvements Plan. If the property owner elects to make such improvement, the property owner must enter into an agreement with the City prior to issuance of any building permit. The agreement must establish the estimated cost of the improvement, the schedule for initiation and completion of the improvement, a requirement that the improvement be completed to City standards, and such other terms and conditions as deemed necessary by the City. The City must review the improvement plan, verify costs and time schedules, determine if the improvement is an eligible improvement, and determine the amount of the applicable credit for such improvement to be applied to the otherwise applicable impact fee prior to issuance of any building permit. In no event may the City provide a refund for a credit that is greater than the applicable impact fee.
B. Exception: No credits shall be given for the construction of local on-site facilities, or project improvements, required by zoning, subdivision, or other City regulations.
(1979 Code § 12.40.160; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)
A. Plan Required; Ordinance: An impact fee may be enacted by ordinance of the City Council under this Chapter only upon preparation and adoption of a Capital Facilities Plan meeting the substantive and procedural requirements of Utah Code Annotated section 11-36-201, as amended. The Capital Facilities Plan shall be reviewed by the Planning Commission, in order to determine compliance with the Ogden City General Plan, and its recommendations forwarded to the City Council. After adoption of the Capital Facilities Plan, the City Council may enact an impact fee by adoption of an ordinance, which shall contain the following:
1. Development service area designation. The City Council designates the development service area. The development subareas shall be infrastructure type specific and shall be indicated on a development service area map.
2. If not provided in the adopted Capital Facilities Plan, a description of the total costs for the public facility as used in calculating the impact fee using those costs allowable under subsection 11-36-202(c) of the Act.
3. The unit of measure.
4. The impact fee coefficient.
5. Any exemption for low income housing or other development activities with broad public purposes, and the designation of other sources of funds to pay for such exemption.
B. Interim Impact Fee; Establishment:
1. The Mayor is authorized and directed, whenever upon investigation he finds it necessary to impose interim impact fees until the various planning processes can be completed in order to assure the health, safety and welfare of the community, to establish and promulgate, by administrative order or executive order in writing filed with the City Recorder, temporary or interim impact fees which shall be imposed in the same manner described for impact fees under Section 7-9-4 of this Chapter. Interim impact fees shall be based upon an engineering estimate relating the interim impact fee to the impact of the development, in question, upon the particular infrastructure. The order shall state the basis of the engineering estimate by including the appropriate unit of measure, the impact fee coefficient, and a description of the development subarea, all of which shall be determined by using the principles and standards outlined in this Chapter.
2. Interim impact fees shall remain in force and effect until the development and enactment of the impact fee ordinance, at which time the interim impact fee shall be rescinded and replaced by the impact fees enacted in accordance with the provisions of this Chapter and the Act. Interim impact fees shall expire eighteen (18) months after its effective date unless extended or readopted by the Mayor upon a determination that the capital improvement is still needed and substantial progress toward development of the impact fee is being made. The payment of temporary or interim impact fees shall be applied to the impact fee finally adopted under subsection A of this Section, and any overpayment shall be refunded in the same manner as provided in Section 7-9-13 of this Chapter. Temporary impact fees are subject to the rights of appeal and refund as outlined in this Chapter.
3. Notwithstanding the above, no new impact fee shall be adopted as an interim impact fee, after July 1, 1995. Any impact fee originally established as a interim or temporary impact fee, prior to July 1, 1995, may be extended or readopted by the Mayor upon a determination that the public facility is still needed, substantial progress toward final enactment of the impact fee is being made, and more time is needed to complete the process, procedures and analysis necessary to enact the impact fee in accordance with the provisions of the Act; provided, that any such interim fee shall expire, if not enacted pursuant to the provisions of the Act by July 1, 1997.
(1979 Code § 12.40.170; Ord. 91-32, 8-15-1991; amd. Ord. 93-26, 6-22-1993; Ord. 97-24, 4-1-1997; 1999 Code)
The provisions of this Chapter are hereby found and declared to be in furtherance of the public health, safety, welfare, and convenience, and it shall be liberally construed to effectively carry out its purpose.
(1979 Code § 12.40.180; Ord. 91-32, 8-15-1991; amd. Ord. 97-24, 4-1-1997)