Utah Code 11-36a-602. Expenditure of impact fees
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(1) A local political subdivision may expend impact fees only for a system improvement:
Terms Used In Utah Code 11-36a-602
- Encumber: means :(6)(a) a pledge to retire a debt; or(6)(b) an allocation to a current purchase order or contract. 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
- 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
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) identified in the impact fee facilities plan; and(1)(b) for the specific public facility type for which the fee was collected.(2)(2)(a) Except as provided in Subsection (2)(b), a local political subdivision shall expend or encumber an impact fee collected with respect to a lot:(2)(a)(i) for a permissible use; and(2)(a)(ii) within six years after the impact fee with respect to that lot is collected.(2)(b) A local political subdivision may hold the fees for longer than six years if it identifies, in writing:(2)(b)(i) an extraordinary and compelling reason why the fees should be held longer than six years; and(2)(b)(ii) an absolute date by which the fees will be expended.