(1) |
A person or entity intending to challenge an impact fee under Section 11-36a-703 shall file a written request for arbitration with the local political subdivision within the time limitation described in Section 11-36a-702 for the applicable type of challenge. |
Terms Used In Utah Code 11-36a-705
(2) |
If a person or an entity files a written request for arbitration under Subsection (1), an arbitrator or arbitration panel shall be selected as follows:
(a) |
the local political subdivision and the person or entity filing the request may agree on a single arbitrator within 10 days after the day on which the request for arbitration is filed; or |
(b) |
if a single arbitrator is not agreed to in accordance with Subsection (2)(a), an arbitration panel shall be created with the following members:
(i) |
each party shall select an arbitrator within 20 days after the date the request is filed; and |
(ii) |
the arbitrators selected under Subsection (2)(b)(i) shall select a third arbitrator. |
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(3) |
The arbitration panel shall hold a hearing on the challenge no later than 30 days after the day on which:
(a) |
the single arbitrator is agreed on under Subsection (2)(a); or |
(b) |
the two arbitrators are selected under Subsection (2)(b)(i). |
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(4) |
The arbitrator or arbitration panel shall issue a decision in writing no later than 10 days after the day on which the hearing described in Subsection (3) is completed. |
(6) |
The parties may agree to:
(b) |
formal, nonbinding arbitration; or |
(c) |
informal, nonbinding arbitration. |
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(7) |
If the parties agree in writing to binding arbitration:
(a) |
the arbitration shall be binding; |
(b) |
the decision of the arbitration panel shall be final; |
(c) |
neither party may appeal the decision of the arbitration panel; and |
(d) |
notwithstanding Subsection (10), the person or entity challenging the impact fee may not also challenge the impact fee under Subsection 11-36a-701(1) or Subsection 11-36a-703(2)(a) or (2)(c). |
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(9) |
(a) |
An appeal from a decision in an informal, nonbinding arbitration may be filed with the district court in which the local political subdivision is located. |
(b) |
An appeal under Subsection (9)(a) shall be filed within 30 days after the day on which the arbitration panel issues a decision under Subsection (4). |
(c) |
The district court shall consider de novo each appeal filed under this Subsection (9). |
(d) |
Notwithstanding Subsection (10), a person or entity that files an appeal under this Subsection (9) may not also challenge the impact fee under Subsection 11-36a-701(1) or Subsection 11-36a-703(2)(a) or (2)(c). |
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(10) |
(a) |
Except as provided in Subsections (7)(d) and (9)(d), this section may not be construed to prohibit a person or entity from challenging an impact fee as provided in Subsection 11-36a-701(1) or Subsection 11-36a-703(2)(a) or (2)(c). |
(b) |
The filing of a written request for arbitration within the required time in accordance with Subsection (1) tolls all time limitations under Section 11-36a-702 until the day on which the arbitration panel issues a decision. |
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(11) |
The person or entity filing a request for arbitration and the local political subdivision shall equally share all costs of an arbitration proceeding under this section. |
Enacted by Chapter 47, 2011 General Session