CHAPTER 11
PROJECT IMPROVEMENT FEES; DEVELOPER REIMBURSEMENT AGREEMENTS
PROJECT IMPROVEMENT FEES; DEVELOPER REIMBURSEMENT AGREEMENTS
SECTION:
7-11-1: Project Improvement Fees; Developer Reimbursement Agreements
A. Authority: The Mayor is authorized to approve and adopt, by administrative order filed with the City Recorder, project improvement fees for the reimbursement of a developer who has installed and extended project improvements on or along undeveloped or underdeveloped property lying between the developer's property and the point of connection to existing City infrastructure, hereinafter referred to as "intervening property". Such project improvement fees shall:
1. Provide reimbursement for a developer in accordance with the provisions of a written agreement, between the City and such developer ("payback agreement");
2. Be assessed at such time as an owner or developer of the intervening property applies for development approval to the City and is requesting connection to or use of such project improvements, or, if required by the City Council, at the time such property is annexed;
3. Represent the intervening property's proportionate share of the cost of such project improvements;
4. Not be used, in any manner, to reimburse the City for the City's costs in making any capital improvement, including the City's cost attributable to the "up-sizing" of a water or sewer line or requiring the extension of a collector or arterial road; and
5. Be assessed only for the costs of water line extensions, sanitary or storm sewer line extensions, or street extensions required as part of a development approval.
B. Project Improvements Defined: For purposes of this Section, "project improvements" means project improvements, as defined under Utah Code Annotated section 11-36-102, as amended, or its successor provision.
C. Notice To Owners: Prior to adoption of an administrative order imposing such fees, the Mayor shall provide notice to the owners of record, according to the last assessment roles, of any intervening properties subject to such fees.
D. Appeal: Imposition of such fees may be appealed under the provisions of Title 4, Chapter 4, Article A of this Code.
(1979 Code § 12.44.060; Ord. 97-5, 1-21-1997)