2006 Utah Code - 11-36-401 — Impact fees -- Challenges -- Appeals.

     11-36-401.   Impact fees -- Challenges -- Appeals.
     (1) Any person or entity residing in or owning property within a service area, and any organization, association, or corporation representing the interests of persons or entities owning property within a service area, may file a declaratory judgment action challenging the validity of the fee.
     (2) (a) 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 local political subdivision who established the fee.
     (b) Within two weeks of the receipt of the request for information, the local political subdivision shall provide the person or entity with the written analysis required by Section 11-36-201, the capital facilities plan, and with any other relevant information relating to the impact fee.
     (3) (a) Any local political subdivision may establish, by ordinance, an administrative appeals procedure to consider and decide challenges to impact fees.
     (b) If the local political subdivision establishes an administrative appeals procedure, the local political subdivision shall ensure that the procedure includes a requirement that the local political subdivision make its decision no later than 30 days after the date the challenge to the impact fee is filed.
     (4) (a) In addition to the method of challenging an impact fee under Subsection (1), a person or entity that has paid an impact fee that was imposed by a local political subdivision may challenge:
     (i) if the impact fee enactment was adopted on or after July 1, 2000:
     (A) whether the local political subdivision complied with the notice requirements of this chapter with respect to the imposition of the impact fee; and
     (B) whether the local political subdivision complied with other procedural requirements of this chapter for imposing the impact fee; and
     (ii) except as limited by Subsection (4)(a)(i), the impact fee.
     (b) A challenge under Subsection (4)(a) may not be initiated unless it is initiated within:
     (i) for a challenge under Subsection (4)(a)(i)(A), 30 days after the person or entity pays the impact fee;
     (ii) for a challenge under Subsection (4)(a)(i)(B), 180 days after the person or entity pays the impact fee; or
     (iii) for a challenge under Subsection (4)(a)(ii), one year after the person or entity pays the impact fee.
     (c) A challenge under Subsection (4)(a) is initiated by filing:
     (i) if the local political subdivision has established an administrative appeals procedure under Subsection (3), the necessary document, under the administrative appeals procedure, for initiating the administrative appeal;
     (ii) a request for arbitration as provided in Subsection 11-36-402(1); or
     (iii) an action in district court.
     (d) (i) The sole remedy for a challenge under Subsection (4)(a)(i)(A) is the equitable remedy of requiring the local political subdivision to correct the defective notice and repeat the process.
     (ii) The sole remedy for a challenge under Subsection (4)(a)(i)(B) is the equitable remedy of requiring the local political subdivision to correct the defective process.

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     (iii) The sole remedy for a challenge under Subsection (4)(a)(ii) is a refund of the difference between what the person or entity paid as an impact fee and the amount the impact fee should have been if it had been correctly calculated.
     (e) Nothing in this Subsection (4) may be construed as requiring a person or entity to exhaust administrative remedies with the local political subdivision before filing an action in district court under this Subsection (4).
     (f) The protections given to a municipality under Section 10-9a-801 and to a county under Section 17-27a-801 do not apply in a challenge under Subsection (4)(a)(i)(A).
     (5) The judge may award reasonable attorneys' fees and costs to the prevailing party in any action brought under this section.
     (6) Nothing in this chapter may be construed as restricting or limiting any rights to challenge impact fees that were paid before the effective date of this chapter.

Amended by Chapter 254, 2005 General Session