023 of 2000 - amending chapter 18.98 relating to impact fees 0 0*-1
0 99-32
SALT LAKE CITY ORDINANCE
No. 23 of 2000
(Impact Fees)
AN ORDINANCE AMENDING CHAPTER 18.98 OF THE SALT LAKE CITY CODE,
RELATING TO IMPACT FEES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 18.98, Salt Lake City Code, be, and the same hereby is,
amended to read as follows:
Chapter 18.98 IMPACT FEES
18.98.010 Purpose
18.98.020 Definitions.
18.98.030. Applicability.
18.98.040. Service areas.
18.98.050. Calculation of impact fees based on fee schedule.
18.98.060. Exemptions.
18.98.070. Offsets to impact fees.
18.98.080. Developer agreements for impact fees.
18.98.090. Challenges and appeals.
18.98.100. Collection of impact fees.
18.98.110. Fund accounting for impact fees.
18.98.120. Refunds.
18.98.130. Use of funds.
18.98.140. Impact fee as supplemental regulation to other financing methods.
18.98.150. Adjustments
18.98.160. Independent impact fee calculations.
18.98.170. Penalty provision.
18.98.010. Findings and authority.
The City Council of Salt Lake City (the "Council") finds and determines that growth and
development activity in the City will create additional demand and need for roadway facilities,
publicly owned parks, open space and recreational facilities and trails, and police and fire
facilities in the City, and the Council finds that persons responsible for growth and development
activity should pay a proportionate share of the cost of such planned facilities needed to serve the
growth and development activity. The Council further finds that impact fees are necessary to
achieve an equitable allocation to the costs borne in the past and to be borne in the future, in
comparison to the benefits already received and yet to be received. Therefore, pursuant to Utah
Code Title 11, Chapter 36, the Council adopts this Chapter to assess impact fees for planned
facilities. The provisions of this Chapter shall be liberally construed in order to carry out the
purposes of the Council in establishing the impact fee program.
18.98.020. Definitions.
The following definitions shall apply for purposes of this Chapter unless the context
clearly requires otherwise. Terms otherwise not defined herein shall be defined by their usual
and customary meaning.
"Accessory structure" means a subordinate building or structure, located on the same lot
with the main building, occupied by or devoted to an accessory use. When an accessory structure
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is attached to the main building in a substantial manner, as by a wall or roof, such accessory
structure shall be considered part of the main building.
"Accessory use"means a use that:
A. Is subordinate in area, extent and purpose to, and serves a principal use;
B. Is customarily found as an incident to such principal use;
C. Contributes to the comfort, convenience or necessity of those occupying, working
at or being serviced by such principal use;
D. Is located on the same zoning lot as such principal use; and
E. Is under the same ownership or control as the principal use.
"Act" means the Utah Impact Fees Act, Utah Code Title 11, Chapter 36, as in existence
on the effective date of this ordinance or as hereafter amended.
"Building permit" means an official document or certification which is issued by the
building officials of the City and which authorizes the construction, alteration, enlargement,
conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a
building or structure.
"Capital facilities" means the facilities or improvements included in a capital budget.
"Capital facilities plan" or the "plan" means the capital facilities plan of the City, as
amended from time to time, and supporting documents, and as adopted pursuant to Utah Code
Section 11-36-201, as amended.
"Change in use" means: (1) a change from commercial use to residential use; or (2) in
the Northwest Quadrant only, a change from office or industrial use to retail use.
"City" means Salt Lake City, Utah.
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"City Engineer" means the duly appointed and acting City Engineer for the City.
"Council" means the Municipal Council of the City.
"Department" means the Department of Community and Economic Development of the
City.
"Developer" means an individual, group of individuals, partnership, corporation, limited
liability company, association, municipal corporation, state agency, or other person undertaking
development activity, and their successors and assigns.
"Development activity" means any construction or expansion of a building, structure or
use; any change in use of a building or structure; the subdivision of land; the seeking of plat
approval, PD approval, site plan approval, lot line adjustment, or conditional use permit
approval; or any other change in use of land that creates additional demand and need for public
streets and roads, publicly owned parks, open space recreational facilities and trails, police or fire
facilities.
"Development approval" means any written authorization from the City, other than a
building permit, which authorizes the commencement of a development activity, including, but
not limited to, plat approval, PD approval, site plan approval, lot line adjustment, and a
conditional use permit.
"Director" means the Director of the Department of Community and Economic
Development of the City.
"Encumbered" means to reserve, set aside, or otherwise earmark impact fees in order to
pay for commitments, contractual obligations, or other liabilities incurred for planned facilities.
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"Fee payer" means a person, corporation, partnership, incorporated association, or any
other similar entity, or a department or bureau of any governmental entity or municipal
corporation commencing a development activity which creates the demand for planned facilities
and which requires the issuance of a building permit. "Fee payer" includes an applicant for an
impact fee credit.
"Fire impact fee" means the impact fee designated to pay for fire facilities.
"HUD" means the United States Department of Housing and Urban Development.
"Impact fee" means a payment of money imposed by the City on development activity
pursuant to this Chapter as a condition of granting a building permit in order to pay for the
planned facilities needed to serve new growth and development activity. "Impact fee" does not
include a tax, a special assessment, a hook-up fee, a fee for project improvements, a reasonable
permit or application fee, the administrative fee for collecting and handling impact fees, the cost
of reviewing independent impact fee calculations, or the administrative fee required for an
appeal.
"Impact fee account" or "account" means the account or accounts established for the
planned facilities for which impact fees are collected.
"Independent impact fee calculation" means the impact calculation or economic
documentation prepared by a fee payer to support the assessment of an impact fee other than by
the use of the schedules attached in Appendix "A"to this Chapter.
"Lot line adjustment" shall have the same meaning as set forth in Chapter 20.19 of this
Code.
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"Net positive fiscal impact" means new revenue to the City in excess of the cost of the
necessary infrastructure and municipal services attributable to a development activity.
"Northwest Quadrant" means the area bounded on the South by Interstate 80, on the
West by the City limits, on the North by the City limits, and on the East by a line, running North
and South, which is 1000 feet West of and parallel to the Centerline of Sections 23, 26, and 35 of
Township 1 North, Range 2 West, Salt Lake Base and Meridian Survey.
"Owner" means the owner of record of real property, or a person with an unrestricted
written option to purchase property; provided, that if the real property is being purchased under a
recorded real estate contract, the purchaser shall be considered the owner of the real property.
"Park impact fees" means the impact fee designated to pay for publicly owned parks,
open space, recreational facilities and trails.
"Planned facilities" means roadway facilities, parks, open space and recreational
facilities and trails, police and fire facilities included in the capital improvements plan of the
City.
"Planned Development" or "PD" have the same meaning as set forth in Chapter
21A.62.040 of this Code.
"Police impact fee" means the impact fee designated to pay for police facilities.
"Qualifying improvement" means any portion of the infrastructure listed in the Capital
Facilities Plan.
"Residential unit" means any building or portion thereof which contains living facilities
including provisions for sleeping, cooking, eating, and sanitation, as required by the City, for not
more than one family, and including site-built buildings, manufactured homes and modular
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homes.
"Roadway facilities impact fee" means the impact fee designated to pay for roadway
facilities.
"Standard of service" means the quantity and quality of service which the Director has
determined to be appropriate and desirable for the City. A measure of the standard of service
may include, but is in no way limited to, maximum levels of congestion on City streets and
roads, maximum commute times, maximum wait at stops, minimum police service capabilities,
minimum fire suppression capabilities, minimum park space of per capita for a variety of types of
parks, minimum distance from residences to parks, and any other factors the Director may deem
appropriate.
"State" means the State of Utah.
"Westside Industrial Area" means the area bounded on the East by Redwood Road, on
the West by the City limits, on the North by Interstate 80, and on the South by 2100 South Street.
18.98.030. Applicability.
The collection of impact fees shall apply to all new development activity in the City
unless otherwise provided herein. Until any impact fee required by this ordinance has been paid
in full, no building permit for any development activity shall be issued. A stop work order shall
be issued on any development activity for which the applicable impact fee has not been paid in
full.
(1) Park impact fees shall apply only to new residential development activity.
(2) Roadway facilities impact fees shall apply to any development activity which
makes improvements to any land in the Northwest Quadrant or the Westside Industrial Area.
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(3) The movement of a structure onto a lot shall be considered development activity
and shall be subject to the impact fee provisions, unless otherwise provided herein.
18.98.040. Service areas.
(1) The following impact fee service areas are hereby established:
(a) For the purpose of park impact fees, the service area shall be all of the
incorporated area of the City, including future annexed area.
(b) For the purpose of fire impact fees, the service area shall be all of the
incorporated area of the City, including future annexed area.
(c) For the purpose of roadway facilities impact fees, the service area shall be
the Westside Industrial Area and the Northwest Quadrant.
(d) For the purpose of police impact fees, the service area shall be all of the
incorporated area of the City, including future annexed area.
(2) Impact fees shall be assessed only on development activity within the service area.
(3) Impact fees collected within a service area shall be spent within that service area.
(4) The appropriateness of the designation and boundaries of the service areas shall
be reviewed periodically by the City as part of the impact fee revision process. Following such
review and a public hearing, the service areas may be amended.
18.98.050. Calculation of impact fees based on fee schedule.
Impact fees shall be calculated as follows:
(1) Unless an applicant requests an independent impact fee calculation as set forth in
Section 18.98.160, the impact fees shall be calculated for the proposed development activity
based on the permit allowing the use, according to the fee schedule in Appendix "A," less any
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applicable offsets under Section 18.98.070.
(2) The impact fee schedule attached as Appendix "A" is hereby adopted and
incorporated herein by reference.
(3) The units of development activity specified in the fee schedule shall be interpreted
as follows:
(a) Residential impact fees shall be collected by unit. For the purposes of this
Chapter, modular or manufactured homes are considered residential.
(b) Building square footage shall be measured in terms of gross floor area,
which is the area included within the exterior walls of a building or portion thereof, exclusive of
vent shafts and courts. The floor area of a building, or portion thereof, not provided with
surrounding exterior walls shall be the usable area under the horizontal projection of the roof or
floor above.
(4) For categories of uses not specified in the applicable impact fee schedule, the
Director shall apply the category of use set forth in the applicable fee schedule that is deemed to
be most similar to the proposed use.
(5) If the development plan approval or permit for the proposed development activity
indicates a mix of uses in the development, the impact fees shall be calculated separately for each
use according to the fee schedule, and the results aggregated.
(6) For an addition to or remodeling or replacement of existing structures, or for a
change in use of an existing structure, the impact fee to be paid shall be the difference, if any,
between:
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(a) The fee, if any, that would be payable for existing development activity on
the site or, in the case of demolition or removal of a structure, the previous development activity
on the site; provided that the demolition or removal has occurred within twelve (12) months after
the date of submittal of the application for which impact fees are assessed; and
(b) The fee, if any, that would be payable for the total development activity on
the site for the new development.
(7) Upon written request of an applicant, the Director shall provide an estimate of the
current fee based on the data provided by the applicant. However, the Director shall not be
responsible for determining, at such preliminary date, the accuracy of the information provided,
nor shall such estimate provide any vested rights.
18.98.060. Exemptions.
(1) The following shall be exempted from the payment of all impact fees:
(a) Replacement of a structure with a new structure of the same size and use at
the same site or lot when a building permit for such replacement is obtained within twelve (12)
months after the demolition or destruction of the prior structure or mobile home and the
replacement is completed within twenty-four (24) months after the granting of the building
permit.
(b) Alterations, expansion, enlargement, remodeling, rehabilitation, or
conversion of an existing unit where no additional units are created and the use is not materially
changed.
(c) Construction of accessory structures that will not create significant impacts
on the planned facilities.
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(d) Miscellaneous accessory improvements to use, including but not limited to
fences, walls, swimming pools, and signs.
(e) Demolition or moving of a structure.
(f) Placing on a lot in the City a temporary construction trailer or office, but
only for the life of the building permit issued for the construction served by the trailer or office.
(g) Any development activity not involving the construction or placement of a
structure or building, including but not limited to the mere subdivision of land, installation of
utilities, or the use of land for limited recreational, agricultural, filling or dredging purposes,
which, as demonstrated by the developer in writing to the Director, will not result in a net
increase in demand on facilities covered by impact fees.
(2) Nonresidential construction shall be exempted from the payment of the park
impact fees.
(3) Properties not located in the Westside Industrial Area or the Northwest Quadrant
shall be exempted from the payment of roadway impact fees.
(4) If, prior to the effective date of this Ordinance and in anticipation of the
imposition of impact fees, the City and a developer entered into a written agreement providing
for the payment of fees, the dedication of land, or the construction of planned facilities by the
developer in connection with a development activity, with specific reference to improvements
identified in the capital facilities plan, such development activity shall be exempted from the
payment of impact fees. The units in such development may be charged a reduced fee pursuant
to an independent impact fee calculation under Section 18.98.160. The developer shall provide
to the Director documentation demonstrating compliance with the terms of the voluntary
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agreement.
(5) The following housing is exempt from the payment of impact fees, to the
following extent:
(a) A one hundred (100)percent exemption shall be granted for rental housing for
which the annualized rent per dwelling unit does not exceed thirty(30)percent of the annual
income of a family whose annual income equals sixty (60)percent of the median income for Salt
Lake City, as determined by HUD;
(b) A one hundred (100)percent exemption shall be granted for non-rental housing
for which the annualized mortgage payment does not exceed thirty(30)percent of the annual
income of a family whose annual income equals eighty (80)percent of the median income for
Salt Lake City, as determined by HUD;
(c) A seventy-five (75)percent exemption shall be granted for non-rental housing for
which the annualized mortgage payment does not exceed thirty (30)percent of the annual income
of a family whose annual income equals ninety(90)percent of the median income for Salt Lake
City, as determined by HUD; and
(d) A fifty (50)percent exemption shall be granted for non-rental housing for which
the annualized mortgage payment does not exceed thirty(30)percent of the annual income of a
family whose annual income equals one hundred (100)percent of the median income for Salt
Lake City, as determined by HUD.
The City shall use moneys in its general fund to pay for the exempted development
activity.
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(6) The Director shall determine whether a particular development activity falls
within an exemption identified in this section,in any other section,or under other applicable law.
Determinations of the Director shall be in writing and shall be subject to the appeals procedures
set forth in this Chapter.
(7) At any time between three(3)and six(6)years after the payment of any impact
fee, the fee payer or his or her assignee (but not both) may request an exemption from such
impact fee by submitting to the Director a written request that the Director analyze whether the
development activity for which the fee payer paid the impact fee produced, as of the third
anniversary of the payment of the impact fee,a net positive fiscal impact in the City in an amount
exceeding the amount of the impact fee paid. At the time of submitting such request, the fee
payer or his or her assignee,as the case may be,shall pay to the Director a non-refundable fee of
$1,000 to cover the City's cost of making the analysis. If,after making such analysis and based
on such analysis,the Director determines that an exemption under this paragraph should not be
granted,the Director shall notify the fee payer or his or her assignee,as the case may be,that the
request for an exemption is denied. If,after making such analysis and based on such analysis,the
Director determines that an exemption under this paragraph should be granted,the Director shall,
in writing, recommend to the Council that the exemption be granted, which recommendation
shall contain an explanation of the reasons for such recommendation. The Council may, if it
determines to grant the exemption,direct the Director to refund to the fee payer or his or her
assignee,as the case may be,the amount paid as the impact fee,plus any interest earned on the
impact fee by the City,calculated at the average interest rate earned by the City on the applicable
impact fee account since the impact fee was paid. The City shall use moneys in its general fund
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to pay for any planned facilities necessitated by the exempted development activity.
(8) Upon the determination of the Director,following the filing with the Director of a
petition of the developer, if any portion of a development activity is funded or subsidized in
whole or in part with City funds or funds of the City's redevelopment agency, the impact fee
allocable to such funded or subsidized portion of the development activity shall be reduced by
the amount of such funding or subsidy. The City shall use moneys in its general fund to pay for
any planned facilities necessitated by the exempted development activity.
18.98.070. Offsets to impact fees.
Offsets against the impact fee that would otherwise be due for a development activity
may be approved by the Director in accordance with the following provisions.
(1) An offset shall be granted for qualifying improvements that are required to be
made by a developer as a condition of development approval.
(2) Offsets shall be allowable and payable only to offset impact fees otherwise due for
the same category of improvements. Unless otherwise expressly agreed to in writing by the City,
offsets shall not result in reimbursement from the City or constitute a credit against future fees,
and shall not constitute a liability of the City for any deficiency in the offset.
(3) Offsets shall be given only for the value of any construction of improvements or
contribution or dedication of land or money by a developer or his predecessor in title or interest
for qualifying improvements of the same category for which an impact fee was imposed.
(4) The person applying for all offset shall be responsible for providing and paying for
appraisals of land and improvements, construction cost figures, and documentation of all
contributions and dedications necessary to the computation of the offset claimed. The Director
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shall not grant offsets to any person who cannot provide such documentation in such form as the
Director may reasonably require.
(5) The value of land dedicated or donated shall be based on the appraised land value
of the parent parcel on the date of transfer of ownership to the City,as determined by an MAI-
certified appraiser who was selected from a list of City-approved appraisers provided by the
Director and paid for by the applicant,who used generally accepted appraisal techniques.
(6) Offsets provided for qualifying improvements meeting the requirements of this
section shall be valid from the date of approval until ten(10)years after the date of approval or
until the last date of construction of the project,whichever occurs first.
(7) The right to claim offsets shall run with the land and may be claimed only by
owners of property within the development area for which the qualifying improvement was
required.
(8) Any claim for offsets must be made in writing,not later than the time of submittal
of a building permit application or an application for another permit subsequent to development
approval that is subject to impact fees. Any claim not so made shall be deemed waived.
18.98.080. Developer agreements for impact fees.
Where a development activity includes or requires a qualifying improvement, the City
and the developer may agree in writing to have the developer participate in the financing or
construction of part or all of the qualifying improvements. Such agreement may provide for cash
reimbursements,offsets,or other appropriate compensation to the developer for the developer's
participation in the financing or construction of the qualifying improvements.
The agreement shall include:
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(1) The estimated cost of the qualifying improvements, using the lowest responsive
bid by a qualified bidder, which bid is approved by the Director; or, if no bid is available, the
estimated cost certified by a licensed Utah engineer and approved by the Director;
(2) A schedule for initiation and completion of the qualifying improvement;
(3) A requirement that the qualifying improvement be designed and completed in
compliance with any applicable City or State laws or regulations; and
(4) Such other terms and conditions as deemed necessary by the City.
18.98.090. Challenges and appeals.
(1) (a) Any fee payer that has paid an impact fee may challenge the impact fee by filing:
(i) an appeal pursuant to Section 18.98.090(2);
(ii) a request for arbitration as provided in Utah Code Section 11-36-402(1), as
amended; or
(iii) an action in district court as provided in Utah Code 11-36-401(4)(c)(iii), as
amended.
Such a challenge may not be initiated unless it is initiated within one (1) year after the fee payer
pays the impact fee.
(b) The sole remedy for a challenge under Section 18.98.090(1)(a) shall be a refund of
the difference between what the fee payer paid as an impact fee and the amount the impact fee
should have been if it had been correctly calculated.
(c) Nothing in this section shall be construed to require a fee payer to exhaust
administrative remedies with the City before filing an action in district court under Section
18.98.090(1)(a).
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(2) (a) Any fee payer may pay the impact fees imposed by this Chapter under protest
in order to obtain a building permit, and thereafter may appeal the validity or amount of such
payment to the Council. Appeals regarding the impact fees imposed on any development activity
may only be taken by the fee payer of the property where such development activity will occur.
No appeal shall be permitted unless and until the impact fees at issue have been paid.
(b) Appeals shall be made by filing a written notice of appeal with the Council,
specifying the grounds thereof, and depositing with the Council an administrative fee in the
amount of$50.00. The appellant shall also submit, in writing, a request for information relative
to the impact fee. The Council shall, within fourteen(14) calendar days after receiving the notice
of appeal, hold a hearing to consider the evidence and arguments of the appellant, and shall
record the hearing and retain such evidence. The Council shall issue a written decision on the
appeal within thirty (30) calendar days after the date the appeal was filed.
(3) If, pursuant to Utah Code Section 11-36-402, as amended, a person submits an
impact fee challenge to arbitration, the City shall not agree to participate in binding arbitration.
18.98.100. Collection of impact fees.
The impact fees for all new development activity shall be calculated and collected in
conjunction with the application for the first building permit for such development activity.
18.98.110. Fund accounting for impact fees.
(1) The City shall establish a separate interest bearing accounting fund for each type
of planned facility for which an impact fee is collected. Such fees shall be invested by the City
and the yield on such fees, at the actual rate of return to the City, shall be credited to such
accounting fund periodically in accordance with the accounting policies of the City, subject to a
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deduction by the City of a reasonable cash management fee. Such funds need not be segregated
from other City monies for banking purposes. Interfund loans may be made between such
accounting funds.
(2) Any yield on such accounting fund into which the fees are deposited shall accrue
to that fund and shall be used for the purposes specified for such fund.
(3) The City shall maintain and keep financial records for each such accounting fund,
showing the source and amount of all monies collected, earned and received by the fund, and
each expenditure from such fund, in accordance with normal City accounting practices, and at the
end of each fiscal year shall prepare a report on each such fund showing such information. The
records of such fund shall be open to public inspection in the same manner as other financial
records of the City.
(4) Impact fees shall be expended or encumbered within six (6) years after their
receipt, unless the Council identifies, in writing, an extraordinary and compelling reason to hold
the impact fees longer than six (6) years. Under such circumstances, the Council shall establish
an absolute date by which the impact fees shall be expended.
18.98.120. Refunds.
(1) If the City fails to expend or encumber the impact fees as required by Section
18.98.110 (4), all current owners of the property on which impact fees have been paid shall
receive a pro rata refund of such impact fees. In determining whether impact fees have been
expended or encumbered, impact fees shall be considered expended or encumbered on a first in,
first out basis.
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(2) The City shall notify the owner or owners of property for which such a refund
may be made, by first class mail deposited with the United States Postal Service, at the last
known address of such property owners.
(3) In order to receive such a refund,the owner or owners of the subject property must,
within twelve(12)months after the mailing of such notice by the City,make a written request for
a refund to the Director, including a certification that such person is a record owner of the
property and that he or she is entitled to the refund. The Director may rely on such certification,
in the absence of a written certification by another person asserting that the proposed payee is not
the proper payee. If in doubt as to whom to pay such funds,the Director may deposit the funds
with an appropriate court for disposition as the court may determine. In that event,the City may
deduct from the funds deposited an amount equal to the reasonable costs, including attorney's
fees,of causing the funds to be deposited with the court.
(4) Any impact fees for which no application for a refund has been made within such
one-year period shall be retained by the City and expended on appropriate planned facilities.
(5) Refunds of impact fees under this section shall include any interest earned on the
impact fees by the City.
(6) When the City seeks to terminate any or all components of the impact fee
program, all unexpended or unencumbered impact fees from any terminated component or
components,including interest earned,shall be refunded pursuant to this section.The City shall
publish notice of such termination and the availability of refunds in a newspaper of general
circulation at least two times and shall notify all owners of property for which a refund may be
made by first class mail at the last known address of such property owners. All funds available
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for refund shall be retained for a period of twelve(12)months following the second publication.
At the end of that period, any remaining funds shall be retained by the City, but must be
expended for appropriate planned facilities. This notice requirement shall not apply if there are
no unexpended or unencumbered balances within the impact fee account(s)being terminated.
(7) The City shall refund to a developer any impact fees paid by that developer,plus
interest earned on the impact fees,if: (a)the developer does not proceed with the development
activity for which the impact fees were imposed; (b) the developer files with the Director a
written request for the refund not later than thirty(30)calendar days after the expiration of the
building permit (or any extension thereof) in connection with which the impact fees were
assessed; and (c) the Director determines that no impact has resulted from the contemplated
development activity.
(8) The City shall charge an administrative fee for verifying and computing the refund
equal to the lesser of three percent(3%)of the amount of the refund or the City's actual cost of
such verification and computing.
18.98.130. Use of funds.
(1) Impact fees shall be used solely for the purposes for which they were received.
(2) Except as provided in Section 18.98.120(4) or (6), impact fees shall not be
imposed to make up for deficiencies in existing facilities serving existing developments.
(3) Impact fees shall not be used for maintenance or operation.
(4) Impact fees may be spent for planned facilities, including but not limited to
planning, land acquisition, construction, engineering, architectural, permitting, financing, and
administrative expenses,mitigation costs,capital equipment pertaining to planned facilities,and
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any other similar expenses which can be capitalized pursuant to generally accepted accounting
principles.
(5) Impact fees may also be used to recoup improvement costs previously incurred by
the City to the extent that new growth and development activity will be served by the previously
constructed improvements or incurred costs.
(6) Impact fees may be used to recoup the cost of studying,analyzing,and preparing
the impact fees.
(7) Impact fees may be used to pay debt service on bonds or similar debt instruments
issued to finance planned facilities to the extent such planned facilities serve the development
activity for which the impact fees were imposed.
18.98.140. Impact fee as supplemental regulation to other financing methods.
Except as otherwise provided herein, impact fees are in addition to any other
requirements, taxes, fees, or assessments imposed by the City on development activity or the
issuance of building permits or certificates of occupancy. Impact fees are intended to be
consistent with the City's General Plan,Capital Facilities Plan,land development ordinances,and
other City policies,ordinances and resolutions by which the City seeks to ensure the provision of
capital facilities in conjunction with development activity.
In addition to the use of impact fees, the City may finance qualifying capital
improvements through the issuance of bonds,the formation of assessment districts,or any other
authorized mechanism, in such manner and subject to such limitations as may be provided by
law.
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18.98.150. Adjustments
(1) The Director may adjust the impact fees or service areas periodically,after a study
and proper notice as provided in Utah Code Title 11,Chapter 36,as amended.
(2) The Director may adjust the standard impact fee in the schedule of impact fees at
the time the fee is charged to:
(a) Respond to unusual circumstances in specific areas.
(b) Ensure that the impact fees are imposed fairly.
18.98.160. Independent impact fee calculations.
(1) If a fee payer desires not to have the impact fees determined according to the
schedule set forth in Appendix"A,"then the fee payer shall prepare and submit to the Director an
independent impact fee calculation for the development activity for which a building permit is
sought. The documentation submitted shall show the basis upon which the independent impact
fee calculation was made. The appropriate Department staff persons shall review the
independent impact fee calculation and provide an analysis to the Director concerning whether
the independent impact fee calculation should be accepted,rejected, or accepted in part. The
Director may adopt,reject,or adopt in part the independent impact fee calculation based on the
Department's analysis and based on the specific characteristics of the development activity. The
impact fees or alternative impact fees and the calculations shall be set forth in writing and shall
be mailed to the fee payer.
(2) Any fee payer submitting an independent impact fee calculation must pay to the
City a fee to cover the cost of reviewing the independent impact fee calculation. The fee shall an
amount equal to the actual review costs incurred by the City,including the cost of any consultant
22
services deemed necessary by the City. The City shall require the fee payer to post a cash deposit
of$150.00 prior to initiating the review,subject to refunding to the fee payer any portion of such
deposit that exceeds actual costs of review.
(3) The Director shall consider the documentation submitted by the fee payer and the
analysis prepared by the appropriate Department staff persons,but is not required to accept such
documentation or analysis. The Director may require the fee payer to submit additional or
different documentation for consideration. The Director may adjust the impact fees on a
case-by-case basis based on the independent impact fee calculation and the specific
characteristics of the development activity. The impact fees or alternative impact fees and the
calculations shall be set forth in writing and shall be mailed to the fee payer.
18.98.170. Penalty provision.
A violation of this Ordinance is a Class B misdemeanor. Upon conviction,the violator
shall be punishable according to law; however, in addition to or in lieu of any criminal
prosecution,the City shall have the power to sue in civil court to enforce the provisions of this
Chapter.
SECTION 2. EFFECTIVE DATE. That this Ordinance shall take effect on June 1,
2000. However,this Ordinance shall not apply to any development activity with respect to which
the Developer has,prior to June 1,2000:(1)(a)acquired title to or control of the property to be
developed, or (b) obtained a commitment for financing of the development activity; and (2)
submitted development plans for the development activity to the City for review. For purposes
23
of this section, a person acquires"control"of property when that person becomes the lessee of
the property, obtains an option to purchase the property or becomes a party to a fully executed
purchase contract for the property.
Passed by the City Council of Salt Lake City,Utah,this 2nd day of
May ,2000.
r i
CHAIRPERSO
ATTEST:
CHIEF DEPUTY CITY RECORDER
Transmitted to the Mayor on 5-2-00
Mayor's Action: Xf Approved. Vetoed.
AYOR
ATTEST:
CHIEF DEPU ,r7 A*7;'4\ !c;
ID ER
(SEAL) :i •t 0
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�
'�� e' Pv y AI-F NUJr_u,AS i O FORM
4SkNitA t Salt Lake City Attorneys Office
Bill lYo. 23 0 :"''+'` Data
Published: 5-12-00 By /
G_lordina001Impact fees v9 elean.dec
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APPENDIX A
[Impact Fee Schedule]
Impact Fee Schedule by Unit of Development
Northwest Quadrant
Infill Development
Description Development
Public Safety—Fire Fees
Residential(per dwelling unit) $235 $235
Commercial/Industrial(per sq.ft.) $0.14 $0.14
Public Safety—Police Fees
Residential(per dwelling unit)(1) $210 $210
Commercial/Industrial(per sq.ft.)(1) $0.13 $0.13
Roadway Fees
Residential(per single family dwelling unit) $0.00 $1,710
Residential(per multi-family dwelling unit) $0.00 $1,195
Retail(per sq.ft.) $0.69 $6.49
Office(per sq.ft.) $0.69 $2.56
Industrial(per sq.ft.) $0.69 $0.00
Parks Fees
Residential(per dwelling unit) $445 $950
Commercial/Industrial(per sq.ft.) $0.00 $0.00
Total Fees
Residential(per single family dwelling unit) $890 $3,105
Residential(per multi-family dwelling unit) $890 $2,590
Retail(per sq.ft.) $0.96 $6.76
Office(per sq.ft.) $0.96 $2.83
Industrial(per sq.ft.) $0.96 $0.27
Note:
(1) Residential units are specified by single family and multi-family;commercial development is specified
by retail,office and industrial.
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