A local political subdivision or private entity may include a provision in an impact feeenactment that:
Terms Used In Utah Code 11-36a-403
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
(a)
provides an impact fee exemption for:
(i)
development activity attributable to:
(A)
low income housing;
(B)
the state;
(C)
subject to Subsection (2), a school district; or
(D)
subject to Subsection (2), a charter school; or
(ii)
other development activity with a broad public purpose; and
(b)
except for an exemption under Subsection (1)(a)(i)(A), establishes one or more sources of funds other than impact fees to pay for that development activity.
(2)
An impact fee enactment that provides an impact fee exemption for development activity attributable to a school district or charter school shall allow either a school district or a charter school to qualify for the exemption on the same basis.
(3)
An impact fee enactment that repeals or suspends the collection of impact fees is exempt from the notice requirements of Section 11-36a-504.
