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1. Waiver for “Public Purpose”: The City Council may, on a project-by-project basis, authorize exceptions or adjustments to the impact fee rate structure for those projects the City Council determines to be of such benefit to the community as a whole to justify the exception or adjustment. Such projects may included low income housing.

2. Adjustments For Non-Standard Land Uses. The City reserves the right under the Utah Impact Fee Act to assess an adjusted impact fee that more closely matches the true impact that a land use will have on the Public Safety facilities. The Council may adjust impact fees imposed pursuant to this Ordinance as necessary in order to respond to unusual circumstances in specific areas, to ensure that impact fees are imposed fairly, or to permit the adjustments of the amount of the impact fees based upon studies and data submitted by an applicant in order to ensure that the impact fee represents the proportionate share of the cost of providing such public safety facilities which are reasonably related to and necessary in order to provide the services in question to anticipate future growth and development activities.

a. This adjustment could result in a higher impact fee if the City determines that a particular user creates a greater impact than what is standard for its land use. The City may also decrease the impact fee if the developer can provide documented evidence or other credible analysis that the proposed use will have a lower impact than is standard for its land use

b. Any analysis upon which an adjustment is made must adequately demonstrate that the modification is appropriate for both the Fire and Police portions of the Public Safety Impact Fee. Adequate documentation justifying the adjustment in one portion of the impact fee shall not be presumed to justify a modification of the other portion of the impact fee.

c. The formula for determining a non-standard impact fee will assume the buy-in/fair share approach and will be as follows:

Total call, per the specified land use, multiplied by the cost per call equal the impact fee. (total calls * cost per call = impact fee)

3. Government Entity or School. The City Council may also adjust impact fees to respond to a request for a prompt and individualized impact fee review for the development activity of an agency of the State of Utah, a school district, or charter school.

4. Procedures. Applications for Waiver or Adjustments shall be filed with the City at the time the applicant first requests the extension of service to the applicant’s development or property. Upon receipt of an application, the City Council shall cause a study to be completed, which will evaluate the net economic value received compared to the magnitude of impact fees being waived.