2006 Utah Code - 11-36-201 — Impact fees -- Analysis -- Capital facilities plan -- Notice of plan -- Summary -- Exemptions.

     11-36-201.   Impact fees -- Analysis -- Capital facilities plan -- Notice of plan -- Summary -- Exemptions.
     (1) (a) Each local political subdivision and private entity shall comply with the requirements of this chapter before establishing or modifying any impact fee.
     (b) A local political subdivision may not:
     (i) establish any new impact fees that are not authorized by this chapter; or
     (ii) impose or charge any other fees as a condition of development approval unless those fees are a reasonable charge for the service provided.
     (c) Notwithstanding any other requirements of this chapter, each local political subdivision shall ensure that each existing impact fee that is charged for any public facility not authorized by Subsection 11-36-102(12) is repealed by July 1, 1995.
     (d) (i) Existing impact fees for public facilities authorized in Subsection 11-36-102(12) that are charged by local political subdivisions need not comply with the requirements of this chapter until July 1, 1997.
     (ii) By July 1, 1997, each local political subdivision shall:
     (A) review any impact fees in existence as of the effective date of this act, and prepare and approve the analysis required by this section for each of those impact fees; and
     (B) ensure that the impact fees comply with the requirements of this chapter.
     (2) (a) Before imposing impact fees, each local political subdivision shall prepare a capital facilities plan.
     (b) (i) As used in this Subsection (2)(b):
     (A) (I) "Affected entity" means each county, municipality, independent special district under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B, Chapter 2, Local Districts, school district, interlocal cooperation entity established under Chapter 13, Interlocal Cooperation Act, and specified public utility:
     (Aa) whose services or facilities are likely to require expansion or significant modification because of the facilities proposed in the proposed capital facilities plan; or
     (Bb) that has filed with the local political subdivision or private entity a copy of the general or long-range plan of the county, municipality, independent special district, local district, school district, interlocal cooperation entity, or specified public utility.
     (II) "Affected entity" does not include the local political subdivision or private entity that is required under this Subsection (2) to provide notice.
     (B) "Specified public utility" means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1.
     (ii) Before preparing a capital facilities plan for facilities proposed on land located within a county of the first or second class, each local political subdivision and each private entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare a capital facilities plan.
     (iii) Each notice under Subsection (2)(b)(ii) shall:
     (A) indicate that the local political subdivision or private entity intends to prepare a capital facilities plan;
     (B) describe or provide a map of the geographic area where the proposed capital facilities will be located;
     (C) be sent to:
     (I) each county in whose unincorporated area and each municipality in whose boundaries

is located the land on which the proposed facilities will be located;
     (II) each affected entity;
     (III) the Automated Geographic Reference Center created in Section 63F-1-506;
     (IV) the association of governments, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to be located; and
     (V) the state planning coordinator appointed under Section 63-38d-202; and
     (D) with respect to the notice to affected entities, invite the affected entities to provide information for the local political subdivision or private entity to consider in the process of preparing, adopting, and implementing a capital facilities plan concerning:
     (I) impacts that the facilities proposed in the capital facilities plan may have on the affected entity; and
     (II) facilities or uses of land that the affected entity is planning or considering that may conflict with the facilities proposed in the capital facilities plan.
     (c) The plan shall identify:
     (i) demands placed upon existing public facilities by new development activity; and
     (ii) the proposed means by which the local political subdivision will meet those demands.
     (d) Municipalities and counties need not prepare a separate capital facilities plan if the general plan required by Sections 10-9a-401 and 17-27a-401 contains the elements required by Subsection (2)(c).
     (e) (i) If a local political subdivision prepares an independent capital facilities plan rather than including a capital facilities element in the general plan, the local political subdivision shall, before adopting the capital facilities plan:
     (A) give public notice of the plan according to this Subsection (2)(e);
     (B) at least 14 days before the date of the public hearing:
     (I) make a copy of the plan, together with a summary designed to be understood by a lay person, available to the public; and
     (II) place a copy of the plan and summary in each public library within the local political subdivision; and
     (C) hold a public hearing to hear public comment on the plan.
     (ii) Municipalities shall comply with the notice and hearing requirements of, and, except as provided in Subsection 11-36-401(4)(f), receive the protections of Sections 10-9a-205 and 10-9a-801 and Subsection 10-9a-502(2).
     (iii) Counties shall comply with the notice and hearing requirements of, and, except as provided in Subsection 11-36-401(4)(f), receive the protections of Sections 17-27a-205 and 17-27a-801 and Subsection 17-27a-502(2).
     (iv) Special districts and private entities shall comply with the notice and hearing requirements of, and receive the protections of, Section 17A-1-203.
     (v) Nothing contained in this Subsection (2)(e) or in the subsections referenced in Subsections (2)(e)(ii) and (iii) may be construed to require involvement by a planning commission in the capital facilities planning process.
     (f) (i) Local political subdivisions with a population or serving a population of less than 5,000 as of the last federal census need not comply with the capital facilities plan requirements of this part, but shall ensure that the impact fees imposed by them are based upon a reasonable plan.

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     (ii) Subsection (2)(f)(i) does not apply to private entities.
     (3) In preparing the plan, each local political subdivision shall generally consider all revenue sources, including impact fees, to finance the impacts on system improvements.
     (4) A local political subdivision may only impose impact fees on development activities when its plan for financing system improvements establishes that impact fees are necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the future, in comparison to the benefits already received and yet to be received.
     (5) (a) Each local political subdivision imposing impact fees shall prepare a written analysis of each impact fee that:
     (i) identifies the impact on system improvements required by the development activity;
     (ii) demonstrates how those impacts on system improvements are reasonably related to the development activity;
     (iii) estimates the proportionate share of the costs of impacts on system improvements that are reasonably related to the new development activity; and
     (iv) based upon those factors and the requirements of this chapter, identifies how the impact fee was calculated.
     (b) 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 shall identify, if applicable:
     (i) the cost of existing public facilities;
     (ii) the manner of financing existing public facilities, such as user charges, special assessments, bonded indebtedness, general taxes, or federal grants;
     (iii) the relative extent to which the newly developed properties and the other properties in the municipality have already contributed to the cost of existing public facilities, by such means as user charges, special assessments, or payment from the proceeds of general taxes;
     (iv) the relative extent to which the newly developed properties and the other properties in the municipality will contribute to the cost of existing public facilities in the future;
     (v) the extent to which the newly developed properties are entitled to a credit because the municipality is requiring their developers or owners, by contractual arrangement or otherwise, to provide common facilities, inside or outside the proposed development, that have been provided by the municipality and financed through general taxation or other means, apart from user charges, in other parts of the municipality;
     (vi) extraordinary costs, if any, in servicing the newly developed properties; and
     (vii) the time-price differential inherent in fair comparisons of amounts paid at different times.
     (c) Each local political subdivision that prepares a written analysis under this Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written analysis, designed to be understood by a lay person.
     (6) Each local political subdivision that adopts an impact fee enactment under Section 11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit to each public library within the local political subdivision:
     (a) a copy of the written analysis required by Subsection (5)(a); and
     (b) a copy of the summary required by Subsection (5)(c).
     (7) Nothing in this chapter may be construed to repeal or otherwise eliminate any impact fee in effect on the effective date of this chapter that is pledged as a source of revenues to pay

bonded indebtedness that was incurred before the effective date of this chapter.

Amended by Chapter 240, 2006 General Session