Utah Code 11-36a-501. Notice of intent to prepare an impact fee facilities plan
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(1) Before preparing or amending an impact fee facilities plan, a local political subdivision or private entity shall provide written notice of its intent to prepare or amend an impact fee facilities plan.
Terms Used In Utah Code 11-36a-501
- 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
- Impact fee facilities plan: means the plan required by Section 11-36a-301. 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(2) A notice required under Subsection (1) shall:(2)(a) indicate that the local political subdivision or private entity intends to prepare or amend an impact fee facilities plan;(2)(b) describe or provide a map of the geographic area where the proposed impact fee facilities will be located; and(2)(c) subject to Subsection (3), be provided for the geographic area where the proposed impact fee facilities will be located, as a class A notice under Section 63G-30-102, for at least 10 days.(3) For a private entity required to post notice under Subsection (2)(c):(3)(a) the private entity shall give notice to the general purpose local government in which the private entity’s private business office is located; and(3)(b) the general purpose local government described in Subsection (3)(a) shall post the notice on the Utah Public Notice Website and, as available, on the general purpose local government’s website.