11-36-402 - Challenging an impact fee by arbitration -- Procedure -- Appeal -- Costs.
11-36-402. Challenging an impact fee by arbitration -- Procedure -- Appeal --Costs.
(1) Each person or entity intending to challenge an impact fee under Subsection11-36-401(4)(c)(ii) shall file a written request for arbitration with the local political subdivisionwithin the time limitation provided in Subsection 11-36-401(4)(b) for the applicable type ofchallenge.
(2) If a person or entity files a written request for arbitration under Subsection (1), anarbitrator or arbitration panel shall be selected as follows:
(a) the local political subdivision and the person or entity filing the request may agree ona single arbitrator within 10 days after the day the request for arbitration is filed; or
(b) if a single arbitrator is not agreed to in accordance with Subsection (2)(a), anarbitration 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.
(3) The arbitration panel shall hold a hearing on the challenge within 30 days after thedate:
(a) the single arbitrator is agreed on under Subsection (2)(a); or
(b) the two arbitrators are selected under Subsection (2)(b)(i).
(4) The arbitrator or arbitration panel shall issue a decision in writing within 10 daysfrom the date the hearing under Subsection (3) is completed.
(5) Except as provided in this section, each arbitration shall be governed by Title 78B,Chapter 11, Utah Uniform Arbitration Act.
(6) The parties may agree to:
(a) binding arbitration;
(b) formal, nonbinding arbitration; or
(c) informal, nonbinding arbitration.
(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 maynot also challenge the impact fee under Subsection 11-36-401(1), (4)(c)(i), or (4)(c)(iii).
(8) (a) Except as provided in Subsection (8)(b), if the parties agree to formal, nonbindingarbitration, the arbitration shall be governed by the provisions of Title 63G, Chapter 4,Administrative Procedures Act.
(b) For purposes of applying Title 63G, Chapter 4, Administrative Procedures Act, to aformal, nonbinding arbitration under this section, notwithstanding Section 63G-4-502, "agency"means a local political subdivision.
(9) (a) An appeal from a decision in an informal, nonbinding arbitration may be filedwith the district court in which the local political subdivision is located.
(b) Each appeal under Subsection (9)(a) shall be filed within 30 days after the date thearbitration 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 11-36-401(1), (4)(c)(i), or(4)(c)(iii).
(10) (a) Except as provided in Subsections (7)(d) and (9)(d), this section may not beconstrued to prohibit a person or entity from challenging an impact fee as provided in Subsection11-36-401(1), (4)(c)(i), or (4)(c)(iii).
(b) The filing of a written request for arbitration within the required time in accordancewith Subsection (1) tolls all time limitations under Section 11-36-401 until the date thearbitration panel issues a decision.
(11) The person or entity filing a request for arbitration and the local political subdivisionshall equally share all costs of an arbitration proceeding under this section.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session