Terms Used In Utah Code > Title 11 > Chapter 36a > Part 3 - Establishing an Impact Fee

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 13-57-102
• Career service position: means any position in the county service except those exempted under Section 17-33-8. See Utah Code 17-33-2
• 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 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Contract: A legal written agreement that becomes binding when signed. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Council: means the career service council, a three-member appeals and personnel advisory board. See Utah Code 17-33-2 County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Dependent: A person dependent for support upon another. 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 Director: means the director of personnel management. See Utah Code 17-33-2 Director: means the director of the Division of Consumer Protection. See Utah Code 13-57-102 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Division of Consumer Protection of the Department of Commerce established in Section 13-2-1. See Utah Code 13-57-102 Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101 Fraud: Intentional deception resulting in injury to another. Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 13-57-102 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 Impact fee analysis: means the written analysis of each impact fee required by Section 11-36a-303. 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 Individual: means a person who: (a)  resides in this state; and (b)  has or may have a pending legal action in this state. See Utah Code 13-57-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 Legal funding: means a payment of $500,000 or less to an individual in exchange for the right to receive an amount out of the potential proceeds of any realized settlement, judgment, award, or verdict the individual may receive in a civil legal action. See Utah Code 13-57-102 Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 Level of service: means the defined performance standard or unit of demand for each capital component of a public facility within a service area. 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 Maintenance funding agreement: means an agreement between an individual and a maintenance funding provider under which the maintenance funding provider provides legal funding to the individual. See Utah Code 13-57-102 Maintenance funding provider: means a business entity that engages in the business of legal funding. See Utah Code 13-57-102 Merit system: means a system of personnel administration based on the principles set forth in Section 17-33-3. See Utah Code 17-33-2 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means :Utah Code 68-3-12.5 Position classification: means a grouping of positions under the same title which are sufficiently similar to be compensated at the same salary range and to which the same tests of ability can be applied. See Utah Code 17-33-2 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 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Proportionate share: means the cost of public facility improvements that are roughly proportionate and reasonably related to the service demands and needs of any development activity. See Utah Code 11-36a-102 Public facilities: means only the following impact fee facilities that have a life expectancy of 10 or more years and are owned or operated by or on behalf of a local political subdivision or private entity: (a)  water rights and water supply, treatment, storage, and distribution facilities; (b)  wastewater collection and treatment facilities; (c)  storm water, drainage, and flood control facilities; (d)  municipal power facilities; (e)  roadway facilities; (f)  parks, recreation facilities, open space, and trails; (g)  public safety facilities; (h)  environmental mitigation as provided in Section 11-36a-205; or (i)  municipal natural gas facilities. See Utah Code 11-36a-102 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 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 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Writing: includes :Utah Code 68-3-12.5