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
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
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
Proportionate share: means the cost of public facility improvements that are roughly proportionate and reasonably related to the service demands and needs of any development activity. 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
identified in the impact fee analysis under Section 11-36a-304; and
(B)
designed to provide services to service areas within the community at large; and
(ii)
future public facilities identified in the impact fee analysis under Section 11-36a-304 that are intended to provide services to service areas within the community at large. See Utah Code 11-36a-102
(a)
identify the anticipated impact on or consumption of any existing capacity of a public facility by the anticipated development activity;
(b)
identify the anticipated impact on system improvements required by the anticipated development activity to maintain the established level of service for each public facility;
(c)
subject to Subsection (2), demonstrate how the anticipated impacts described in Subsections (1)(a) and (b) are reasonably related to the anticipated development activity;
(d)
estimate the proportionate share of:
(i)
the costs for existing capacity that will be recouped; and
(ii)
the costs of impacts on system improvements that are reasonably related to the new development activity; and
(e)
based on the requirements of this chapter, identify how the impact fee was calculated.
(2)
In analyzing whether or not the proportionate share of the costs of public facilities are reasonably related to the new development activity, the local political subdivision or private entity, as the case may be, shall identify, if applicable:
(a)
the cost of each existing public facility that has excess capacity to serve the anticipated development resulting from the new development activity;
(b)
the cost of system improvements for each public facility;
(c)
other than impact fees, the manner of financing for each public facility, such as user charges, special assessments, bonded indebtedness, general taxes, or federal grants;
(d)
the relative extent to which development activity will contribute to financing the excess capacity of and system improvements for each existing public facility, by such means as user charges, special assessments, or payment from the proceeds of general taxes;
(e)
the relative extent to which development activity will contribute to the cost of existing public facilities and system improvements in the future;
(f)
the extent to which the development activity is entitled to a credit against impact fees because the development activity will dedicate system improvements or public facilities that will offset the demand for system improvements, inside or outside the proposed development;
(g)
extraordinary costs, if any, in servicing the newly developed properties; and
(h)
the time-price differential inherent in fair comparisons of amounts paid at different times.
