Common use of Development Impact Fees Clause in Contracts

Development Impact Fees. In consideration for the agreements of the County in this Amended Agreement, the Developers agree that the Project Sites shall be subject to all impact fees of the County or any other special service distric which are (1) imposed at the time of issuance of building permits, and (2) generally applicable to other property in the Snyderville Basin; and, Developers waive their position with respect to any vested rights to the imposition of such fees, but shall be entitled to similar treatment afforded other vested projects if the impact fee ordinance makes any such distinction. If fees are properly imposed under the preceding tests, the fees shall be payable in accordance with the payment requirements of the particular impact fee ordinance and implementing resolution. Notwithstanding the agreement of the Developers to subject The Canyons SPA Plan to impact fees under the above-stated conditions, the Developers do not waive Developers' rights under any applicable law to challenge the reasonableness of the amount of the fees within thirty (30) days following imposition of the fees on The Canyons SPA Plan based upon the application of the Rational Nexus Test. For purposes of this Amended Agreement, the Rational Nexus Test shall mean and refer to a standard of reasonableness whereby The Canyons SPA Plan and Property shall not bear more than an equitable share of the capital costs financed by an impact fee or exaction in relation to the benefits conferred on and impacts of The Canyons SPA Plan. The interpretation of "rational nexus" shall be governed by the federal or Utah case law and statutes in effect at the time of any challenge to an impact fee or exaction imposed as provided herein including, but not limited to, the standards of Banberry Development Corp.

Development Impact Fees. In consideration for the agreements of the County in this Amended Agreement, the Developers agree that the Project Sites shall be subject to all impact fees of the County or any other special service distric district which are (1) imposed at the time of issuance of building permits, and (2) generally applicable to other property in the Snyderville Basin; and, Developers waive their position with respect to any vested rights to the imposition of such fees, but shall be entitled to similar treatment afforded other vested projects if the impact fee ordinance makes any such distinction. If fees are properly imposed under the preceding tests, the fees shall be payable in accordance with the payment requirements of the particular impact fee ordinance and implementing resolution. Notwithstanding the agreement of the Developers to subject The Canyons SPA Plan to impact fees under the above-stated conditions, the Developers do not waive Developers' ’ rights under any applicable law to challenge the reasonableness of the amount of the fees within thirty (30) days following imposition of the fees on The Canyons SPA Plan based upon the application of the Rational Nexus Test. For purposes of this Amended Agreement, the Rational Nexus Test shall mean and refer to a standard of reasonableness whereby The Canyons SPA Plan and Property shall not bear more than an equitable share of the capital costs financed by an impact fee or exaction in relation to the benefits conferred on and impacts of The Canyons SPA Plan. The interpretation of "“rational nexus" ” shall be governed by the federal or Utah case law and statutes in effect at the time of any challenge to an impact fee or exaction imposed as provided herein including, but not limited to, the standards of Banberry Development Corp.Corp. v. South Jordan County, or its successor case law.