A local political subdivision or private entity shall ensure that any imposed impact fees comply with the requirements of this chapter.
Terms Used In Utah Code 11-36a-201
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
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:
(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
(b)
functional condition of development approval because the private entity:
(i)
has no reasonably equivalent competition in the immediate market; and
(ii)
is the only realistic source of water for the applicant's development. 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:
(a)
water rights and water supply, treatment, storage, and distribution facilities;
(b)
wastewater collection and treatment facilities;
(c)
storm water, drainage, and flood control facilities;
(d)
municipal power facilities;
(e)
roadway facilities;
(f)
parks, recreation facilities, open space, and trails;
(g)
public safety facilities;
(h)
environmental mitigation as provided in Section 11-36a-205; or
A local political subdivision and private entity may establish impact fees only for those public facilities defined in Section 11-36a-102.
(3)
Nothing in this chapter may be construed to repeal or otherwise eliminate an impact fee in effect on the effective date of this chapter that is pledged as a source of revenues to pay bonded indebtedness that was incurred before the effective date of this chapter.
