Utah Code 11-36a-503. Notice of preparation of an impact fee analysis

11-36a-503. Notice of preparation of an impact fee analysis.

(1)	Before preparing or contracting to prepare an impact fee analysis, each local political subdivision or, subject to Subsection (2), private entity shall provide a public notice for the local political subdivision, as a class A notice under Section 63G-30-102, for at least 10 days.

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
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)

For a private entity required to post notice under Subsection (1):

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

(b)	the general purpose local government described in Subsection (2)(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