Terms Used In Utah Code > Title 11 > Chapter 36a > Part 2 - Impact Fees

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Car sharing: means the authorized use of a motor vehicle:
            (1)(a)(i) by an individual other than the owner of the motor vehicle; and
            (1)(a)(ii) through a peer-to-peer car-sharing program. See Utah Code 13-48a-101
• Car-sharing agreement: means an agreement:
            (2)(a)(i) applicable to a shared vehicle owner and a shared vehicle driver; and
            (2)(a)(ii) that governs a shared vehicle driver's use of a shared vehicle through a car-sharing program. See Utah Code 13-48a-101
• Car-sharing delivery period: means the period of time during which a shared vehicle is being delivered to the location of the car-sharing start time, if applicable, as documented by the governing car-sharing agreement. See Utah Code 13-48a-101
• Car-sharing period: means the period of time that:
       (4)(a)

            (4)(a)(i) begins at the car-sharing delivery period; or

            (4)(a)(ii) if there is no car-sharing delivery period, begins at the car-sharing start time; and
       (4)(b) ends at the car-sharing termination time. See Utah Code 13-48a-101
• Car-sharing start time: means the time when a shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of the shared vehicle is scheduled to begin, as documented in the records of the car-sharing program. See Utah Code 13-48a-101
• Car-sharing termination time: means the earliest of the following events:
       (7)(a) the expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car-sharing agreement, if the shared vehicle is delivered to the location agreed upon in the car-sharing agreement;
       (7)(b) when the shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a car-sharing program, which alternatively agreed upon location shall be incorporated into the car-sharing agreement; and
       (7)(c) when the shared vehicle owner or shared vehicle owner's authorized designee takes possession and control of the shared vehicle. See Utah Code 13-48a-101
• 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
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Department: means the Department of Commerce. See Utah Code 13-49-102
• Dependent: A person dependent for support upon another.
• 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
• Division: means the Division of Consumer Protection in the department. See Utah Code 13-49-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fraud: Intentional deception resulting in injury to another.
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Immigration consultant: means an individual who provides nonlegal assistance or advice on an immigration matter including:
       (5)(a) completing a document provided by a federal or state agency, but not advising a person as to the person's answers on the document;
       (5)(b) translating a person's answer to a question posed in a document provided by a federal or state agency;
       (5)(c) securing for a person supporting documents, such as a birth certificate, that may be necessary to complete a document provided by a federal or state agency;
       (5)(d) submitting a completed document on a person's behalf and at the person's request to the United States Citizenship and Immigration Services; or
       (5)(e) for valuable consideration, referring a person to a person who could undertake legal representation activities in an immigration matter. See Utah Code 13-49-102
• Immigration matter: means a proceeding, filing, or action affecting the immigration or citizenship status of a person that arises under:
       (6)(a) immigration and naturalization law;
       (6)(b) executive order or presidential proclamation; or
       (6)(c) action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. See Utah Code 13-49-102
• 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
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Level of service: means the defined performance standard or unit of demand for each capital component of a public facility within a service area. See Utah Code 11-36a-102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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: means the same as that term is defined in Section 41-1a-102. See Utah Code 13-48a-101
• Motor vehicle license cost recovery fee: means a fee or charge that may be separately stated and charged on the short-term motor vehicle lease or rental contract in a motor vehicle lease or rental transaction originating in this state to recover the costs incurred by a motor vehicle rental company to license, title, register, obtain license plates for, and inspect rental motor vehicles. See Utah Code 13-48-102
• 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
• peer-to-peer car-sharing program: means a business platform that connects motor vehicle owners with drivers to enable the sharing of motor vehicles for consideration. See Utah Code 13-48a-101
• 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Proportionate share: means the cost of public facility improvements that are roughly proportionate and reasonably related to the service demands and needs of any development activity. 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
• Public safety facility: means :
            (18)(a)(i) a building constructed or leased to house police, fire, or other public safety entities; or
            (18)(a)(ii) a fire suppression vehicle costing in excess of $500,000. 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
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shared vehicle: means a motor vehicle that is available for use by an individual other than the shared vehicle owner through a car-sharing program. See Utah Code 13-48a-101
• Shared vehicle driver: means an individual who has been authorized to drive a shared vehicle by the shared vehicle owner under a car-sharing program. See Utah Code 13-48a-101
• Shared vehicle owner: means :
            (12)(a)(i) the registered owner of a motor vehicle made available for car sharing; or
            (12)(a)(ii) a person designated by the registered owner of a motor vehicle made available for car sharing. See Utah Code 13-48a-101
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• 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
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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