11-36a-304. Impact fee analysis requirements.

368 words·~2 min read·/ut/title-11/chapter-36a/11-36a-304

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)An impact fee analysis shall:

(a)identify the anticipated impact on or consumption of any existing capacity of a public facility by the anticipated development activity;

(b)identify the anticipated impact on system improvements required by the anticipated development activity to maintain the established level of service for each public facility;

(c)subject to Subsection

(2), demonstrate how the anticipated impacts described in Subsections (1)(a) and

(b)are reasonably related to the anticipated development activity;

(d)estimate the proportionate share of:

(i)the costs for existing capacity that will be recouped; and

(ii)the costs of impacts on system improvements that are reasonably related to the new development activity; and

(e)based on the requirements of this chapter, identify how the impact fee was calculated.

(2)In analyzing whether or not the proportionate share of the costs of public facilities are reasonably related to the new development activity, the local political subdivision or private entity, as the case may be, shall identify, if applicable:

(a)the cost of each existing public facility that has excess capacity to serve the anticipated development resulting from the new development activity;

(b)the cost of system improvements for each public facility;

(c)other than impact fees, the manner of financing for each public facility, such as user charges, special assessments, bonded indebtedness, general taxes, or federal grants;

(d)the relative extent to which development activity will contribute to financing the excess capacity of and system improvements for each existing public facility, by such means as user charges, special assessments, or payment from the proceeds of general taxes;

(e)the relative extent to which development activity will contribute to the cost of existing public facilities and system improvements in the future;

(f)the extent to which the development activity is entitled to a credit against impact fees because the development activity will dedicate system improvements or public facilities that will offset the demand for system improvements, inside or outside the proposed development;

(g)extraordinary costs, if any, in servicing the newly developed properties; and

(h)the time-price differential inherent in fair comparisons of amounts paid at different times.

Enacted by Chapter 47 , 2011 General Session