(1) A local political subdivision or private entity shall ensure that any imposed impact fees comply with the requirements of this chapter.

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Terms Used In Utah Code 11-36a-201

  • Impact fee: means a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. See Utah Code 11-36a-102
  • Local political subdivision: means a county, a municipality, a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, a special service district under Title 17D, Chapter 1, Special Service District Act, or the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-36a-102
  • Private entity: means an entity in private ownership with at least 100 individual shareholders, customers, or connections, that is located in a first, second, third, or fourth class county and provides water to an applicant for development approval who is required to obtain water from the private entity either as a:
         (14)(a) specific condition of development approval by a local political subdivision acting pursuant to a prior agreement, whether written or unwritten, with the private entity; or
         (14)(b) functional condition of development approval because the private entity:
              (14)(b)(i) has no reasonably equivalent competition in the immediate market; and
              (14)(b)(ii) is the only realistic source of water for the applicant's development. See Utah Code 11-36a-102
  • Public facilities: means only the following impact fee facilities that have a life expectancy of 10 or more years and are owned or operated by or on behalf of a local political subdivision or private entity:
         (17)(a) water rights and water supply, treatment, storage, and distribution facilities;
         (17)(b) wastewater collection and treatment facilities;
         (17)(c) storm water, drainage, and flood control facilities;
         (17)(d) municipal power facilities;
         (17)(e) roadway facilities;
         (17)(f) parks, recreation facilities, open space, and trails;
         (17)(g) public safety facilities;
         (17)(h) environmental mitigation as provided in Section 11-36a-205; or
         (17)(i) municipal natural gas facilities. See Utah Code 11-36a-102
(2) A local political subdivision and private entity may establish impact fees only for those public facilities defined in Section 11-36a-102.
(3) Nothing in this chapter may be construed to repeal or otherwise eliminate an impact fee in effect on the effective date of this chapter that is pledged as a source of revenues to pay bonded indebtedness that was incurred before the effective date of this chapter.