13.25.090 Extraordinary adjustments.
A. Where application of the standard impact fees would result in arbitrary, unfair, or unjustified fees the City may, in its discretion, adjust the impact fee to respond to site specific circumstances.
B. Upon request by any person subject to an impact fee, the City Manager is empowered to receive and review data and studies submitted by that person for the purposes of considering an adjustment to the fee. The applicant shall pay a review fee, specified in the Master Fee Schedule, Chapter 3.50, upon request of a review and shall be additionally responsible for staff review time and reasonable costs for consultant review services, if deemed necessary by the City. The City shall notify the applicant in writing of anticipated review expenses prior to incurring any costs.
C. The City Manager is empowered to review the data submitted by the applicant, accept the calculations, reject the calculations, or accept the calculations in part. Review shall be based upon the standards mandated by this chapter and the Utah Impact Fee Act, U.C.A. Section 11-36-201 et seq., as well as site specific factors and accepted engineering practices. Notice of decision shall be mailed to the applicant. Review of the determinations by the City Manager may be had via the procedures set forth in Section 13.25.100.
D. The City may elect to waive impact fees, in whole or in part, for development activities with broad based charitable and public purposes, including the construction of affordable and low income housing by nonprofit and for-profit entities, as follows:
1. Application must be made in writing to the City Council prior to connection to city services and shall provide the following:
a. A description of the project and its purpose, together with the applicant’s nonprofit tax identification number (if applicable), and a statement of the reasons why waiver of fees is appropriate and in the public interest;
b. For affordable housing projects, proof that the project will meet affordable housing cost criteria, as established from time to time by city housing studies; and
c. The fee amount requested to be waived and such other relevant information as may be requested by the Council.
2. The Council shall hear the application and rule upon the requested fee waiver. It may grant the waiver, in whole or in part, provided that the requirements of subsection D of this section are met and provided that there is available another source of public funds to account for the deficiency in the impact fund account as a result of the waiver. Any aggrieved party may seek judicial review of the Council decision as provided under Section 13.25.100. (Ord. 19-29 (part), 2019; Ord. 98-13 (part), 1998)