“I certify that the attached impact fee facilities plan:

1. includes only the costs of public facilities that are:

     a. allowed under the Impact Fees Act; and

     b. actually incurred; or

     c. projected to be incurred or encumbered within six years after the day on which each impact fee is paid;

2. does not include:

     a. costs of operation and maintenance of public facilities; or

     b. costs for qualifying public facilities that will raise the level of service for the facilities, through impact fees, above the level of service that is supported by existing residents; and

3. complies in each and every relevant respect with the Impact Fees Act.”

Terms Used In Utah Code 11-36a-306

• 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
• 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
• 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
• 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

“I certify that the attached impact fee analysis:

1. includes only the costs of public facilities that are:

     a. allowed under the Impact Fees Act; and

     b. actually incurred; or

     c. projected to be incurred or encumbered within six years after the day on which each impact fee is paid;

2. does not include:

     a. costs of operation and maintenance of public facilities; or

     b. costs for qualifying public facilities that will raise the level of service for the facilities, through impact fees, above the level of service that is supported by existing residents;

3. offsets costs with grants or other alternate sources of payment; and

4. complies in each and every relevant respect with the Impact Fees Act.”