11-36a-602.  Expenditure of impact fees.

(1)  A local political subdivision may expend impact fees only for a system improvement:

Terms Used In Utah Code 11-36a-602

  • Encumber: means :
(a) a pledge to retire a debt; or
(b) an allocation to a current purchase order or contract. 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
  • 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
  • Writing: includes :Utah Code 68-3-12.5
    • (a)  identified in the impact fee facilities plan; and

    (b)  for the specific public facility type for which the fee was collected.

    (2) 

    (a)  Except as provided in Subsection (2)(b), a local political subdivision shall expend or encumber an impact fee collected with respect to a lot:

    (i)  for a permissible use; and

    (ii)  within six years after the impact fee with respect to that lot is collected.

    (b)  A local political subdivision may hold the fees for longer than six years if it identifies, in writing:

    (i)  an extraordinary and compelling reason why the fees should be held longer than six years; and

    (ii)  an absolute date by which the fees will be expended.

    Amended by Chapter 190, 2017 General Session

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