A local political subdivision or private entity shall ensure, in addition to the requirements described in Subsections (2) and (3), that an impact feeenactment contains:
Terms Used In Utah Code 11-36a-402
Charter school: includes :
(a)
an operating charter school;
(b)
an applicant for a charter school whose application has been approved by a charter school authorizer as provided in 6; and
(c)
an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 11-36a-102
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
Enactment: means :
(a)
a municipal ordinance, for a municipality;
(b)
a county ordinance, for a county; and
(c)
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
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
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
System improvements: means :
(i)
existing public facilities that are:
(A)
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)
a provision establishing one or more service areas within which the local political subdivision or private entity calculates and imposes impact fees for various land use categories;
(b)
(i)
a schedule of impact fees for each type of development activity that specifies the amount of the impact fee to be imposed for each type of system improvement; or
(ii)
the formula that the local political subdivision or private entity, as the case may be, will use to calculate each impact fee;
(c)
a provision authorizing the local political subdivision or private entity, as the case may be, to adjust the standard impact fee at the time the fee is charged to:
(i)
respond to:
(A)
unusual circumstances in specific cases; or
(B)
a request for a prompt and individualized impact fee review for the development activity of the state, a school district, or a charter school and an offset or credit for a public facility for which an impact fee has been or will be collected; and
(ii)
ensure that the impact fees are imposed fairly; and
(d)
a provision governing calculation of the amount of the impact fee to be imposed on a particular development that permits adjustment of the amount of the impact fee based upon studies and data submitted by the developer.
(2)
A local political subdivision or private entity shall ensure that an impact fee enactment allows a developer, including a school district or a charter school, to receive a credit against or proportionate reimbursement of an impact fee if the developer:
(a)
dedicates land for a system improvement;
(b)
builds and dedicates some or all of a system improvement; or
(c)
dedicates a public facility that the local political subdivision or private entity and the developer agree will reduce the need for a system improvement.
(3)
A local political subdivision or private entity shall include a provision in an impact fee enactment that requires a credit against impact fees for any dedication of land for, improvement to, or new construction of, any system improvements provided by the developer if the facilities:
(a)
are system improvements; or
(b)
(i)
are dedicated to the public; and
(ii)
offset the need for an identified system improvement.
