11-36a-306.  Certification of impact fee analysis.

(1)  An impact fee facilities plan shall include a written certification from the person or entity that prepares the impact fee facilities plan that states the following:
“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 :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:
(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
(i) municipal natural gas facilities. See Utah Code 11-36a-102
(2)  An impact fee analysis shall include a written certification from the person or entity that prepares the impact fee analysis which states as follows:
“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.”

Amended by Chapter 35, 2021 General Session

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