Notwithstanding the requirements and prohibitions of this chapter, a
local political subdivision may impose and assess an
impact fee for environmental mitigation when:
| (1) |
the local political subdivision has formally agreed to fund a Habitat Conservation Plan to resolve conflicts with the Endangered Species Act of 1973, 16 U.S.C. § 1531, et seq. or other state or federal environmental law or regulation; |
Terms Used In Utah Code 11-36a-205
- 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
- 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
| (2) |
the impact fee bears a reasonable relationship to the environmental mitigation required by the Habitat Conservation Plan; and |
| (3) |
the legislative body of the local political subdivision adopts an ordinance or resolution:
| (a) |
declaring that an impact fee is required to finance the Habitat Conservation Plan; |
| (b) |
establishing periodic sunset dates for the impact fee; and |
| (c) |
requiring the legislative body to:
| (i) |
review the impact fee on those sunset dates; |
| (ii) |
determine whether or not the impact fee is still required to finance the Habitat Conservation Plan; and |
| (iii) |
affirmatively reauthorize the impact fee if the legislative body finds that the impact fee must remain in effect. |
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Enacted by Chapter 47, 2011 General Session
