Utah Code 11-36a-203. Private entity assessment of impact fees — Charges for water rights, physical infrastructure — Notice — Audit
Current as of: 2024 | Check for updates
|
Other versions
(1) A private entity:
Terms Used In Utah Code 11-36a-203
- 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(1)(a) shall comply with the requirements of this chapter before imposing an impact fee; and(1)(b) except as otherwise specified in this chapter, is subject to the same requirements of this chapter as a local political subdivision.(2) A private entity may only impose a charge for water rights or physical infrastructure necessary to provide water or sewer facilities by imposing an impact fee.(3) Where notice and hearing requirements are specified, a private entity shall comply with the notice and hearing requirements for special districts.(4) A private entity that assesses an impact fee under this chapter is subject to the audit requirements of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act.