Title 11, Cities, Counties, and Local Taxing Units

11-36a-203. Private entity assessment of impact fees -- Charges for water rights, physical infrastructure -- Notice -- Audit. (1) A private entity: (a) shall comply with the requirements of this chapter before imposing an impact fee; and (b) except as otherwise specified in this …

11-36a-204. Other names for impact fees. (1) A fee that meets the definition of impact fee under Section 11-36a-102 is an impact fee subject to this chapter, regardless of what term the local political subdivision or private entity uses to refer to the fee. (2) A local political …

11-36a-205. Environmental mitigation impact fees. Notwithstanding the requirements and prohibitions of this chapter, a local political subdivision may impose and assess an impact fee for environmental mitigation when: (1) the local political subdivision has formally agreed to fun…

11-36a-206. Prohibition of school impact fees. (1) As used in this section, "school impact fee" means a charge on new development in order to generate revenue for funding or recouping the costs of capital improvements for schools or school facility expansions necessitated by and …

11-36a-301. Impact fee facilities plan. (1) Before imposing an impact fee, each local political subdivision or private entity shall, except as provided in Subsection (3), prepare an impact fee facilities plan to determine the public facilities required to serve development result…

11-36a-302. Impact fee facilities plan requirements -- Limitations -- School district or charter school. (1)(a) An impact fee facilities plan shall: (i) identify the existing level of service; (ii) subject to Subsection (1)(c), establish a proposed level of service; (iii) identif…

11-36a-303. Impact fee analysis. (1) Subject to the notice requirements of Section 11-36a-504, each local political subdivision or private entity intending to impose an impact fee shall prepare a written analysis of each impact fee. (2) Each local political subdivision or private…

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

11-36a-305. Calculating impact fees. (1) In calculating an impact fee, a local political subdivision or private entity may include: (a) the construction contract price; (b) the cost of acquiring land, improvements, materials, and fixtures; (c) for services provided for and direct…

11-36a-306. Certification of impact fee analysis. (1) An impact fee facilities plan shall include a written certification from the person or entity that prepares the impact fee facilities plan that states the following: "I certify that the attached impact fee facilities plan: 1. …

11-36a-401. Impact fee enactment. (1)(a) A local political subdivision or private entity wishing to impose impact fees shall pass an impact fee enactment in accordance with Section 11-36a-402. (b) An impact fee imposed by an impact fee enactment may not exceed the highest fee jus…

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

11-36a-403. Other provisions of impact fee enactment. (1) A local political subdivision or private entity may include a provision in an impact fee enactment that: (a) provides an impact fee exemption for: (i) development activity attributable to: (A) low income housing; (B) the s…

11-36a-501. Notice of intent to prepare an impact fee facilities plan. (1) Before preparing or amending an impact fee facilities plan, a local political subdivision or private entity shall provide written notice of its intent to prepare or amend an impact fee facilities plan. (2)…

11-36a-502. Notice to adopt or amend an impact fee facilities plan. (1) If a local political subdivision chooses to prepare an independent impact fee facilities plan rather than include an impact fee facilities element in the general plan in accordance with Section 11-36a-301, th…

11-36a-503. Notice of preparation of an impact fee analysis. (1) Before preparing or contracting to prepare an impact fee analysis, each local political subdivision or, subject to Subsection (2), private entity shall provide a public notice for the local political subdivision, as…

11-36a-504. Notice of intent to adopt impact fee enactment -- Hearing -- Protections. (1) Before adopting an impact fee enactment: (a) a municipality legislative body shall: (i) comply with the notice requirements of Section 10-20-205 as if the impact fee enactment were a land us…

11-36a-601. Accounting of impact fees. A local political subdivision that collects an impact fee shall: (1) establish a separate interest bearing ledger account for each type of public facility for which an impact fee is collected; (2) deposit a receipt for an impact fee in the a…

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. (2)(a) Except as provid…

11-36a-603. Refunds. (1) A local political subdivision shall refund any impact fee paid by a developer, plus interest earned, when: (a) the developer does not proceed with the development activity and has filed a written request for a refund; (b) the fee has not been spent or enc…

11-36a-701. Impact fee challenge. (1) A person or an entity residing in or owning property within a service area, or an organization, association, or a corporation representing the interests of persons or entities owning property within a service area, has standing to file a decl…

11-36a-702. Time limitations. (1) A person or an entity that initiates a challenge under Subsection 11-36a-701(3)(a) may not initiate that challenge unless it is initiated within: (a) for a challenge under Subsection 11-36a-701(3)(a)(i)(A), 30 days after the day on which the pers…

11-36a-703. Procedures for challenging an impact fee. (1)(a) A local political subdivision may establish, by ordinance or resolution, or a private entity may establish by prior written policy, an administrative appeals procedure to consider and decide a challenge to an impact fee…

11-36a-704. Mediation. (1) In addition to the methods of challenging an impact fee under Section 11-36a-701, a specified public agency may require a local political subdivision or private entity to participate in mediation of any applicable impact fee. (2) To require mediation, t…

11-36a-705. Arbitration. (1) A person or entity intending to challenge an impact fee under Section 11-36a-703 shall file a written request for arbitration with the local political subdivision within the time limitation described in Section 11-36a-702 for the applicable type of ch…