Utah Code 11-36a-402. Required provisions of impact fee enactment
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(1) A local political subdivision or private entity shall ensure, in addition to the requirements described in Subsections (2) and (3), that an impact fee enactment contains:
Terms Used In Utah Code 11-36a-402
- Charter school: includes :(2)(a) an operating charter school;(2)(b) an applicant for a charter school whose application has been approved by a charter school authorizer as provided in Title 53G, Chapter 5, Part 6, Charter School Credit Enhancement Program; and(2)(c) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 11-36a-102
- Development activity: means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities. See Utah Code 11-36a-102
- Enactment: means :
(5)(a) a municipal ordinance, for a municipality;(5)(b) a county ordinance, for a county; and(5)(c) a governing board resolution, for a special district, special service district, or private entity. See Utah Code 11-36a-102- 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
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- 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- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- System improvements: means :
(22)(a)(i) existing public facilities that are:(22)(a)(i)(A) identified in the impact fee analysis under Section 11-36a-304; and(22)(a)(i)(B) designed to provide services to service areas within the community at large; and(22)(a)(ii) future public facilities identified in the impact fee analysis under Section 11-36a-304 that are intended to provide services to service areas within the community at large. See Utah Code 11-36a-102(1)(a) a provision establishing one or more service areas within which the local political subdivision or private entity calculates and imposes impact fees for various land use categories;(1)(b)(1)(b)(i) a schedule of impact fees for each type of development activity that specifies the amount of the impact fee to be imposed for each type of system improvement; or(1)(b)(ii) the formula that the local political subdivision or private entity, as the case may be, will use to calculate each impact fee;(1)(c) a provision authorizing the local political subdivision or private entity, as the case may be, to adjust the standard impact fee at the time the fee is charged to:(1)(c)(i) respond to:(1)(c)(i)(A) unusual circumstances in specific cases; or(1)(c)(i)(B) a request for a prompt and individualized impact fee review for the development activity of the state, a school district, or a charter school and an offset or credit for a public facility for which an impact fee has been or will be collected; and(1)(c)(ii) ensure that the impact fees are imposed fairly; and(1)(d) a provision governing calculation of the amount of the impact fee to be imposed on a particular development that permits adjustment of the amount of the impact fee based upon studies and data submitted by the developer.(2) A local political subdivision or private entity shall ensure that an impact fee enactment allows a developer, including a school district or a charter school, to receive a credit against or proportionate reimbursement of an impact fee if the developer:(2)(a) dedicates land for a system improvement;(2)(b) builds and dedicates some or all of a system improvement; or(2)(c) dedicates a public facility that the local political subdivision or private entity and the developer agree will reduce the need for a system improvement.(3) A local political subdivision or private entity shall include a provision in an impact fee enactment that requires a credit against impact fees for any dedication of land for, improvement to, or new construction of, any system improvements provided by the developer if the facilities:(3)(a) are system improvements; or(3)(b)(3)(b)(i) are dedicated to the public; and(3)(b)(ii) offset the need for an identified system improvement.