10-9a-510. Limit on fees — Requirement to itemize fees — Appeal of fee — Provider of culinary or secondary water.
(1)
A municipality may not impose or collect a fee for reviewing or approving the plans for a commercial or residential building that exceeds the lesser of:
Terms Used In Utah Code 10-9a-510
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.
Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other utility system. See Utah Code 10-9a-103
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
Nominal fee: means a fee that reasonably reimburses a municipality only for time spent and expenses incurred in:
(a)
verifying that building plans are identical plans; and
(b)
reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans. See Utah Code 10-9a-103
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
the actual cost of performing the plan review; and
(b)
65% of the amount the municipality charges for a building permit fee for that building.
(2)
Subject to Subsection (1), a municipality may impose and collect only a nominal fee for reviewing and approving identical floor plans.
(3)
A municipality may not impose or collect a hookup fee that exceeds the reasonable cost of installing and inspecting the pipe, line, meter, and appurtenance to connect to the municipal water, sewer, storm water, power, or other utility system.
(4)
A municipality may not impose or collect:
(a)
a land use application fee that exceeds the reasonable cost of processing the application or issuing the permit; or
(b)
an inspection, regulation, or review fee that exceeds the reasonable cost of performing the inspection, regulation, or review.
(5)
(a)
If requested by an applicant who is charged a fee or an owner of residential property upon which a fee is imposed, the municipality shall provide an itemized fee statement that shows the calculation method for each fee.
(b)
If an applicant who is charged a fee or an owner of residential property upon which a fee is imposed submits a request for an itemized fee statement no later than 30 days after the day on which the applicant or owner pays the fee, the municipality shall no later than 10 days after the day on which the request is received provide or commit to provide within a specific time:
(i)
for each fee, any studies, reports, or methods relied upon by the municipality to create the calculation method described in Subsection (5)(a);
(ii)
an accounting of each fee paid;
(iii)
how each fee will be distributed; and
(iv)
information on filing a fee appeal through the process described in Subsection (5)(c).
(c)
A municipality shall establish a fee appeal process subject to an appeal authority described in 7, and district court review in accordance with 8, to determine whether a fee reflects only the reasonable estimated cost of:
(i)
regulation;
(ii)
processing an application;
(iii)
issuing a permit; or
(iv)
delivering the service for which the applicant or owner paid the fee.
(6)
A municipality may not impose on or collect from a public agency any fee associated with the public agency’s development of its land other than:
(a)
subject to Subsection (4), a fee for a development service that the public agency does not itself provide;
A provider of culinary or secondary water that commits to provide a water service required by a land use application process is subject to the following as if it were a municipality:
