11-36a-705. Arbitration.
(1) A person or entity intending to challenge an impact fee under Sectionshall file a written request for arbitration with the local political subdivision within the time limitation described in Sectionfor the applicable type of challenge. 11-36a-703 11-36a-702
(2) If a person or an entity files a written request for arbitration under Subsection, an arbitrator or arbitration panel shall be selected as follows: (1) 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 if a single arbitrator is not agreed to in accordance with Subsection, an arbitration panel shall be created with the following members: (2)(a) each party shall select an arbitrator within 20 days after the date the request is filed; and the arbitrators selected under Subsectionshall select a third arbitrator. (2)(b)(i)
(3) The arbitration panel shall hold a hearing on the challenge no later than 30 days after the day on which: the single arbitrator is agreed on under Subsection; or (2)(a) the two arbitrators are selected under Subsection. (2)(b)(i)
(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 Subsectionis completed. (3)
(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: binding arbitration; formal, nonbinding arbitration; or informal, nonbinding arbitration.
(7) If the parties agree in writing to binding arbitration: the arbitration shall be binding; the decision of the arbitration panel shall be final; neither party may appeal the decision of the arbitration panel; and notwithstanding Subsection, the person or entity challenging the impact fee may not also challenge the impact fee under Subsectionor Subsectionor. (10) 11-36a-701(1) 11-36a-703(2)(a) (2)(c)
(8) Except as provided in Subsection, if the parties agree to formal, nonbinding arbitration, the arbitration shall be governed by the provisions of. (8)(b) Title 63G, Chapter 4, Administrative Procedures Act For purposes of applying, to a formal, nonbinding arbitration under this section, notwithstanding Section, "agency" means a local political subdivision. Title 63G, Chapter 4, Administrative Procedures Act 63G-4-502
(9) 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. An appeal under Subsectionshall be filed within 30 days after the day on which the arbitration panel issues a decision under Subsection. (9)(a) (4) The district court shall consider de novo each appeal filed under this Subsection. (9) Notwithstanding Subsection, a person or entity that files an appeal under this Subsectionmay not also challenge the impact fee under Subsectionor Subsectionor. (10) (9) 11-36a-701(1) 11-36a-703(2)(a) (2)(c)
(10) Except as provided in Subsectionsand, this section may not be construed to prohibit a person or entity from challenging an impact fee as provided in Subsectionor Subsectionor. (7)(d) (9)(d) 11-36a-701(1) 11-36a-703(2)(a) (2)(c) The filing of a written request for arbitration within the required time in accordance with Subsectiontolls all time limitations under Sectionuntil the day on which the arbitration panel issues a decision. (1) 11-36a-702
(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.