TITLE 38
IMPACT FEES
(Adopted 8/14/2007, Ord 2007-19)

Ordinance of Weber County relating to the regulation of the use and development of land in
unincorporated areas of Weber County, imposing impact fees on land development in
unincorporated areas of Weber County for providing trails, storm drains, wastewater, and
roadway necessitated by new development.

Whereas, in order to meet development demands and maintain trails, storm drains,
wastewater, and roadways, and to continue to promote and protect the public health, safety, and
welfare in the face of the growing population of unincorporated areas of Weber County; and

Whereas, a Capital Facility Plan and a Impact Fee Analysis was done in accordance with the
Impact Fees Act found in section 11-36 -101 et. seq. of the Utah State Code; and

Whereas, both the Western Weber County and Ogden Valley Township Planning
Commissions took public comment, and made no recommendation on the Capital Facility Plan and
Impact Fee Analysis; and

Whereas, the County Commission held a Public Hearing and invited public comment on the
Plan, all in accordance with and as required by the Impact Fees Act in August of 2006; and

Whereas, in preparing the Plan, the County has generally considered all revenue sources,
including impact fees, available to finance improvements; and

Whereas, the imposition of impact fees is one of the preferred methods of ensuring that new
development bears a proportionate share of the cost of the capital facilities necessary to accommodate
new growth; and

Whereas, the fees established in Title 38 are derived from, based upon, and do not exceed the
cost of providing additional improvements necessitated by the new land developments for which the
fees are levied;

Sections:
38-1 Purpose of Title
38-2 Definitions
38-3 Capital Facilities Plan for Trails, Storm Drains, Wastewater, and Roadway
38-4 Written Analysis of Impact Fees
38-5 Proportionate Share of Costs
38-6 County Area Subject to Impact Fees
38-7 Amount of Impact Fee
38-8 Adjustment of Standard Impact Fee
38-9 Potential Exemptions and Credits
38-10 Impact Fees for preciously constructed facilities
38-11 Impact Fees - Accounting
38-12 Impact Fees Expenditures
38-13 Refunds
38-14 Request for Information
38-15 Severability
38-16 Interpretation
38-17 Summary of Gross Impact Fees

38-1 Purpose of Title. In order to meet the growing needs of Weber County, it is necessary
for the County to plan for and build capital improvements. Impact fees are an essential part of
financing capital improvements. The Utah State Legislature has adopted the "Impact Fees Act" 11-
36-101 et. seq which authorizes assessment of impact fees and which sets forth requirements to be
met by municipalities, counties and special service districts of the State of Utah prior to assessment
of impact fees. It is the purpose of this Title to comply with all requirements of the Impact Fees Act
so that the County can fairly and equitably assess impact fees in accordance with the Impact Fees Act.

38-2 Definitions. As used in this Title:

(1) "Building permit fee" means the fees charged to enforce the uniform codes adopted
pursuant to Title 58, Chapter 56, Utah Code Annotated, 1953, Uniform Building
Standards Act, that are not greater than the fees indicated in the appendix to the Uniform
Building Code.

(2) "Capital Facilities Plan" means the plan required by the Impact Fees Act.

(3) "County" means Unincorporated areas of Weber County.

(4) "Development activity" means any construction or expansion of a building, structure, or
use, any change in use of a building or structure, or any changes in the use of land that
creates additional demand and need for public facilities.

(5) "Development approval" means any written authorization from a local political
subdivision that authorizes the commencement of development activity.

(6) "Enactment" means an ordinance adopted by the Weber County Commission.

(7) " ERU" means equivalent residential unit. A household connection is one unit or ERU and
a school equates to six ERU’s.

(8) (a) "Impact fee" means a payment of money imposed upon development activity as a
condition of development approval, connection to, use of or availability for use of
County services and/or facilities.
(b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
hookup fee, a fee for project improvements, or other reasonable permit or application
fee.

(9) (a) "Project improvements" means site improvements and facilities that are:

(i) Planned and designed to provide service for development resulting from a
development activity; and

(ii) Necessary for the use and convenience of the occupants or users of
development resulting from a development activity.

(b) "Project improvements" does not mean system improvements.

(10) "Proportionate share" means the cost of public facility improvements that are roughly
proportionate and reasonably related to the service demands and needs of any
development activity.

(11) "Public facilities" means only the following capital facilities that have a life expectancy of
ten or more years and are owned or operated by or on behalf of the County:

(a) Wastewater collection and treatment facilities;

(b) Storm water, drainage, and flood control facilities; and

(c) Roadway facilities.

(12) (a) "Roadway facilities" means streets or roads that have been designated on an officially
adopted subdivision plat, roadway plan, or general plan of the County, together with
all necessary appurtenances.

(b) "Roadway facilities" includes associated improvements to federal or state roadways
only when the associated improvements:

(i) Are necessitated by the new development; and

(ii) Are not funded by the state or federal government.

(c) "Roadway facilities" does not mean federal or state roadways.

(13) (a) "Service area" means a geographic area designated by the County on the basis of
sound planning or engineering principles in which a defined set of public facilities
provide service within the area.

(b) "Service area" includes the entire Unincorporated area of Weber County.

(14) (a) "System improvements" means:

(i) Existing public facilities that are designed to provide services to service areas
within the community at large; and

(ii) Future public facilities identified in a Capital Facilities Plan that are intended
to provide services to service areas within the community at large.

(b) "System improvements" does not mean project improvements.

38-3 Capital Facilities Plan. The County has caused a study to be made of the impact fee
needs. Such study is referred to herein as the “Plan.”

The said Plan is hereby adopted by reference as and for the Capital Facilities Plan of the
County.

The Plan identifies demands placed upon existing public facilities by new development and
states the means by which the County will meet those demands.

A copy of the Capital Facilities Plan will be filed with the Clerks Office as part of this
ordinance.

38-4 Written Analysis of Impact Fees. The Plan contains a written analysis of each impact
fee and:

(1) Identifies the impact on County system improvements required by the development activity;

(2) Demonstrates how those impacts on County system improvements are reasonably related to
the development activity;

(3) Estimates the proportionate share of the costs of impacts on County system improvements
that are reasonably related to the new development activity; and,

(4) Based upon those factors and the requirements of this Title, identifies how the impact fees
were calculated.

A copy of the Impact Fee Analysis will be filed with the Clerks Office as part of this ordinance.

38-5 Proportionate Share of Costs. In analyzing whether or not the proportionate share of
the costs of public facilities are reasonably related to the new development activity, the County shall
identify, if applicable:

(1) The cost of existing public facilities;

(2) The manner of financing existing public facilities, such as user charges, special assessments,
bonded indebtedness, general taxes, or federal grants;

(3) The relative extent to which the newly developed properties and the other properties in the
County have already contributed to the cost of existing public facilities, by such means as user
charges, special assessments, or payment from the proceeds of general taxes;

(4) The relevant extent to which the newly developed properties are entitled to a credit because
the County is requiring their developers or owners, by contractual arrangement or otherwise,
to provide common facilities, inside or outside the proposed development, that have been
provided by the County and financed through general taxation or other means, apart from
user charges, in other parts of the County;

(5) Extraordinary costs, if any, in servicing the newly developed properties; and

(6) The time-price differential inherent in fair comparisons of amounts paid at different times.

38-6 County Area Subject to Impact Fees. The County shall calculate and impose impact
fees within the entire boundaries of the County.

38-7 Amount of Impact Fee.

The formula and procedures by the County to calculate the amount of the Impact Fees is set
forth and analyzed in the Plan.

The amount of the Impact Fees adopted in this Ordinance may be changed by the County
Commission following procedures required by law.

Impact Fees shall be payable upon application for a building permit.

38-8 Adjustment of Standard Impact Fee.

(1) The County Commission, may adjust the standard impact fees at the time the fee is charged to:

(a) Respond to unusual circumstances in specific cases; and

(b) Ensure that the impact fees are imposed fairly;

(2) In calculating an impact fee, a local political subdivision may not include an expense for
overhead.

38-9 Potential Exemptions and Credits. The County may in its discretion exempt low
income housing and other development activities with broad public purposes from impact fees

(1) The County may in its discretion allow a credit against impact fees for any dedication of land
for, improvements to or new construction of, any system improvements provided by the
developer if the facilities:

(a) Are identified in the Plan; and

(b) Are required by the County as a condition of approving the development activity.

38-10 Impact Fees for previously constructed facilities.

County may impose an impact fee for public facility cost previously incurred by a local
political subdivision to the extent that new growth and development will be served by the previously
constructed improvements.

38-11 Impact Fees - Accounting. With respect to collecting impact fees, the County shall:

(1) Establish separate interest bearing ledger accounts for each type of public facility for which
an impact fee is collected;

(2) Deposit impact fee receipts in the appropriate ledger account;

(3) Retain the interest earned on each fund or account in the fund or account; and

(4) At the end of each fiscal year, prepare a report on each fund or account showing:

(a) The source and amount of all monies collected, earned, and received by the fund or
account; and

(b) Each expenditure from the fund or account.

38-12 Impact Fees Expenditures.

(1) The County may expend impact fees only for:

(a) System improvements for public facilities identified in the Plan; and

(b) System improvements for the specific public facility type for which the fee was collected.

(2) (a) Except as provided in Subsection (b), the County shall expend or encumber the impact
fees for a permissible use within six years of their receipt.
(b) The County may hold the fees for longer than six years if it identifies, in writing:

(i) An extraordinary and compelling reason why the fees should be held longer than six
years; and

(ii) An absolute date by which the fees will be expended.

38-13 Refunds. The County shall refund any impact fees paid by a developer, plus interest
earned, when:

(1) The developer does not proceed with the development activity and has filed a written request
for a refund;

(2) The fees have not been spent or encumbered; and

(3) No impact has resulted.

38-14 Request for Information. Any person or entity required to pay an impact fee who
believes the fee does not meet the requirements of the law may file a written request for information
with the County Clerk.

38-15 Severability. If any Section, Subsection, Paragraph, Clause or Phrase of this Title should
be declared invalid for any reason, such decision shall not affect the remaining portions of this Title,
which shall remain in full force and effect, and for this purpose each provision of this Title is declared
to be severable.

38-16 Interpretation. Interpretation and application of this Title shall be in accordance with
and compatible with the provisions of the Impact Fees Act and Utah case law interpreting the Impact
Fees Act and generally applying Utah law with respect to impact fees.

38-17 Summary of Gross Impact Fees.