Title 11 Cities, Counties, and Local Taxing Units Chapter 36 Impact Fees Act Section 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 after 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 or resolution, 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.
(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 181, 2009 General Session
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