11-36a-602. Expenditure of impact fees.
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Effective 5/9/2017
11-36a-602. Expenditure of impact fees.
(1)A local political subdivision may expend impact fees only for a system improvement:
(a)identified in the impact fee facilities plan; and
(b)for the specific public facility type for which the fee was collected.
(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