11-36a-402. Required provisions of impact fee enactment.

412 words·~2 min read·/ut/title-11/chapter-36a/11-36a-402

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

(1)A local political subdivision or private entity shall ensure, in addition to the requirements described in Subsections

(2)and

(3), that an impact fee enactment contains:

(a)a provision establishing one or more service areas within which the local political subdivision or private entity calculates and imposes impact fees for various land use categories;

(i)a schedule of impact fees for each type of development activity that specifies the amount of the impact fee to be imposed for each type of system improvement; or

(ii)the formula that the local political subdivision or private entity, as the case may be, will use to calculate each impact fee;

(c)a provision authorizing the local political subdivision or private entity, as the case may be, to adjust the standard impact fee at the time the fee is charged to:

(i)respond to:

(A)unusual circumstances in specific cases; or

(B)a request for a prompt and individualized impact fee review for the development activity of the state, a school district, or a charter school and an offset or credit for a public facility for which an impact fee has been or will be collected; and

(ii)ensure that the impact fees are imposed fairly; and

(d)a provision governing calculation of the amount of the impact fee to be imposed on a particular development that permits adjustment of the amount of the impact fee based upon studies and data submitted by the developer.

(2)A local political subdivision or private entity shall ensure that an impact fee enactment allows a developer, including a school district or a charter school, to receive a credit against or proportionate reimbursement of an impact fee if the developer:

(a)dedicates land for a system improvement;

(b)builds and dedicates some or all of a system improvement; or

(c)dedicates a public facility that the local political subdivision or private entity and the developer agree will reduce the need for a system improvement.

(3)A local political subdivision or private entity shall include a provision in an impact fee enactment that requires a credit against impact fees for any dedication of land for, improvement to, or new construction of, any system improvements provided by the developer if the facilities:

(a)are system improvements; or

(i)are dedicated to the public; and

(ii)offset the need for an identified system improvement.

Enacted by Chapter 47 , 2011 General Session