Before imposing an impact fee, each local political subdivision or private entity shall, except as provided in Subsection (3), prepare an impact fee facilities plan to determine the public facilities required to serve development resulting from new development activity.
Terms Used In Utah Code 11-36a-301
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
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
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 municipality or county need not prepare a separate impact fee facilities plan if the general plan required by Section 10-9a-401 or 17-27a-401, respectively, contains the elements required by Section 11-36a-302.
(3)
A local political subdivision or a private entity with a population, or serving a population, of less than 5,000 as of the last federal census that charges impact fees of less than $250,000 annually need not comply with the impact fee facilities plan requirements of this part, but shall ensure that:
(a)
the impact fees that the local political subdivision or private entity imposes are based upon a reasonable plan that otherwise complies with the common law and this chapter; and
(b)
each applicable notice required by this chapter is given.
