Layton City   search site  
Home Do Business Live & Work Play Departments Services & Payments Contact Us Follow Layton City Twitter Like Us on Facebook
   
  Skip Navigation Links Home Departments Legal Municipal Code
  Legal Department
 

Back To Title List | Chapter List | Section List

14.01.160. Independent fee calculations

            (1)        If the Community and Economic Development Director believes in good faith that none of the impact fee categories or impact fee amounts set forth in the schedules in the appendixes accurately describe or capture the impacts of a development activity on planned facilities, the Community and Economic Development Director may conduct independent fee calculations.  The Community and Economic Development Director may impose alternative impact fees on a specific development activity based on these calculations.  The alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.

            (2)        If a fee payer opts not to have the impact fees determined according to the schedules set forth in the appendixes, then the fee payer shall prepare and submit to the Community and Economic Development Director an independent fee calculation for the development activity for which final plat, PRUD, site plan, or other development approval, or a building permit is sought.  The documentation submitted shall show the basis upon which the independent fee calculation was made.  The appropriate City staff persons shall review the independent fee calculation and provide an analysis to the Community and Economic Development Director concerning whether the independent fee calculation should be accepted, rejected, or accepted in part.  The Community and Economic Development Director may adopt, reject, or adopt in part the independent fee calculation based on the analysis prepared by appropriate City staff persons, and based on the specific characteristics of the development activity, and/or principles of fairness.  The impact fees or alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.

            (3)        Any fee payer submitting an independent fee calculation will be required to pay the City of Layton, a fee to cover the cost of reviewing the independent fee calculation.  The fee shall be One Hundred Fifty Dollars ($150.00) plus the actual cost of any additional staff time in excess of One Hundred Fifty Dollars ($150.00) spent in review, and the cost of consultant services if the City deems these services to be necessary, provided, however, for independent fee calculations for single residential lots where, in the sole discretion of the Community and Economic Development Director, the issues involved are easily handled and the fee is clearly excessive, the One Hundred Fifty Dollar ($150.00) fee may be reduced.  The City shall require the fee payer to post a cash deposit of One Hundred Fifty Dollars ($150.00) prior to initiating the review.

            (4)        While there is a presumption that the calculations set forth in the City Capital Improvements Plan are valid, the Community and Economic Development Director shall consider the documentation submitted by the fee payer and the analysis prepared by the appropriate City staff persons, but is not required to accept such documentation or analysis which the Community and Economic Development Director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the fee payer to submit additional or different documentation for consideration.  The Community and Economic Development Director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development activity, and/or principles of fairness.  The impact fees or alternative impact fees and the calculations shall be set forth in writing and shall be mailed to the fee payer.

            (5)        Determinations made by the Community and Economic Development Director pursuant to this Section may be appealed to the City Council subject to the procedures set forth in Section 14.01.080.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-42, Enacted, 6/30/1997

Municipal Code (PDF Format)



 
 
Index Contact Us Site Credits Privacy and Security Statement
Top