11-36a-603. Refunds.
| (1) |
A local political subdivision shall refund any impact fee paid by a developer, plus interest earned, when:
Terms Used In Utah Code 11-36a-603- 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. See Utah Code 11-36a-102
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Impact fee: means a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. See Utah Code 11-36a-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local political subdivision: means a county, a municipality, a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, a special service district under Title 17D, Chapter 1, Special Service District Act, or the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-36a-102
- Person: means :Utah Code 68-3-12.5
| (a) |
the developer does not proceed with the development activity and has filed a written request for a refund; |
| (b) |
the fee has not been spent or encumbered; and |
| (c) |
no impact has resulted. |
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| (2) |
| (a) |
As used in this Subsection (2):
| (i) |
“Affected lot” means the lot or parcel with respect to which a local political subdivision collected an impact fee that is subject to a refund under this Subsection (2). |
| (ii) |
“Claimant” means:
| (B) |
the person who paid an impact fee; or |
| (C) |
another person who, under Subsection (2)(d), submits a timely notice of the person’s valid legal claim to an impact fee refund. |
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| (iii) |
“Original owner” means the record owner of an affected lot at the time the local political subdivision collected the impact fee. |
| (iv) |
“Unclaimed refund” means an impact fee that:
| (A) |
is subject to refund under this Subsection (2); and |
| (B) |
the local political subdivision has not refunded after application of Subsections (2)(b) and (c). |
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| (b) |
If an impact fee is not spent or encumbered in accordance with Section 11-36a-602, the local political subdivision shall, subject to Subsection (2)(c):
| (i) |
refund the impact fee to:
| (A) |
the original owner, if the original owner is the sole claimant; or |
| (B) |
to the claimants, as the claimants agree, if there are multiple claimants; or |
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| (ii) |
interplead the impact fee refund to a court of competent jurisdiction for a determination of the entitlement to the refund, if there are multiple claimants who fail to agree on how the refund should be paid to the claimants. |
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| (c) |
If the original owner’s last known address is no longer valid at the time a local political subdivision attempts under Subsection (2)(b) to refund an impact fee to the original owner, the local political subdivision shall:
| (i) |
post a notice on the local political subdivision’s website, stating the local political subdivision’s intent to refund the impact fee and identifying the original owner; |
| (ii) |
maintain the notice on the website for a period of one year; and |
| (iii) |
disqualify the original owner as a claimant unless the original owner submits a written request for the refund within one year after the first posting of the notice under Subsection (2)(c)(i). |
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| (d) |
| (i) |
In order to be considered as a claimant for an impact fee refund under this Subsection (2), a person, other than the original owner, shall submit a written notice of the person’s valid legal claim to the impact fee refund. |
| (ii) |
A notice under Subsection (2)(d)(i) shall:
| (A) |
explain the person’s valid legal claim to the refund; and |
| (B) |
be submitted to the local political subdivision no later than 30 days after expiration of the time specified in Subsection 11-36a-602(2) for the impact fee that is the subject of the refund. |
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| (e) |
A local political subdivision:
| (i) |
may retain an unclaimed refund; and |
| (ii) |
shall expend any unclaimed refund on capital facilities identified in the current capital facilities plan for the type of public facility for which the impact fee was collected. |
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Amended by Chapter 215, 2018 General Session
