a governing board resolution, for a special district, special service district, or private entity. 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
Impact fee analysis: means the written analysis of each impact fee required by Section 11-36a-303. 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
(a)
A local political subdivision or private entity wishing to impose impact fees shall pass an impact feeenactment in accordance with Section 11-36a-402.
(b)
An impact fee imposed by an impact fee enactment may not exceed the highest fee justified by the impact fee analysis.
(2)
An impact fee enactment may not take effect until 90 days after the day on which the impact fee enactment is approved.
