Utah Code 11-36a-501. Notice of intent to prepare an impact fee facilities plan

11-36a-501. Notice of intent to prepare an impact fee facilities plan.

(1)	Before preparing or amending an impact fee facilities plan, a local political subdivision or private entity shall provide written notice of its intent to prepare or amend an impact fee facilities plan.

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 facilities plan: means the plan required by Section 11-36a-301. See Utah Code 11-36a-102
Local political subdivision: means a county, a municipality, a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, a special service district under Title 17D, Chapter 1, Special Service District Act, or the Point of the Mountain State Land Authority, created in Section 11-59-201. 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

(2)

A notice required under Subsection (1) shall:

(a)	indicate that the local political subdivision or private entity intends to prepare or amend an impact fee facilities plan;

(b)	describe or provide a map of the geographic area where the proposed impact fee facilities will be located; and

(c)	subject to Subsection (3), be provided for the geographic area where the proposed impact fee facilities will be located, as a class A notice under Section 63G-30-102, for at least 10 days.

(3)

For a private entity required to post notice under Subsection (2)(c):

(a)	the private entity shall give notice to the general purpose local government in which the private entity’s private business office is located; and

(b)	the general purpose local government described in Subsection (3)(a) shall post the notice on the Utah Public Notice Website and, as available, on the general purpose local government’s website.

Amended by Chapter 435, 2023 General Session