Terms Used In Utah Code > Title 11 > Chapter 36a > Part 1 - General Provisions

• 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
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Development approval: means :
       (4)(a) except as provided in Subsection (4)(b), any written authorization from a local political subdivision that authorizes the commencement of development activity;
       (4)(b) development activity, for a public entity that may develop without written authorization from a local political subdivision;
       (4)(c) a written authorization from a public water supplier, as defined in Section 73-1-4, or a private water company:

            (4)(c)(i) to reserve or provide:

                 (4)(c)(i)(A) a water right;

                 (4)(c)(i)(B) a system capacity; or

                 (4)(c)(i)(C) a distribution facility; or

            (4)(c)(ii) to deliver for a development activity:

                 (4)(c)(ii)(A) culinary water; or

                 (4)(c)(ii)(B) irrigation water; or
       (4)(d) a written authorization from a sanitary sewer authority, as defined in Section 10-9a-103:

            (4)(d)(i) to reserve or provide:

                 (4)(d)(i)(A) sewer collection capacity; or

                 (4)(d)(i)(B) treatment capacity; or

            (4)(d)(ii) to provide sewer service for a development activity. See Utah Code 11-36a-102
• Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility system of a municipality, county, 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
• Impact fee analysis: means the written analysis of each impact fee required by Section 11-36a-303. 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
• 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
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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
• Motor vehicle rental company: means any person or organization in the business of renting motor vehicles to the public. See Utah Code 13-48-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• 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
• Project improvements: means site improvements and facilities that are:
            (15)(a)(i) planned and designed to provide service for development resulting from a development activity;
            (15)(a)(ii) necessary for the use and convenience of the occupants or users of development resulting from a development activity; and
            (15)(a)(iii) not identified or reimbursed as a system improvement. 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
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Roadway facilities: includes associated improvements to a federal or state roadway only when the associated improvements:
            (19)(b)(i) are necessitated by the new development; and
            (19)(b)(ii) are not funded by the state or federal government. See Utah Code 11-36a-102
• Service area: means a geographic area designated by an entity that imposes an impact fee on the basis of sound planning or engineering principles in which a public facility, or a defined set of public facilities, provides service within the area. 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