10-9a-510. Limit on fees -- Requirement to itemize fees.
(1) A municipality may not impose or collect a fee for reviewing or approving the plans
for a commercial or residential building that exceeds the lesser of:
(a) the actual cost of performing the plan review; and
(b) 65% of the amount the municipality charges for a building permit fee for that
building.
(2) Subject to Subsection (1), a municipality may impose and collect only a nominal fee
for reviewing and approving identical plans.
(3) A municipality may not impose or collect a hookup fee that exceeds the reasonable
cost of installing and inspecting the pipe, line, meter, and appurtenance to connect to the
municipal water, sewer, storm water, power, or other utility system.
(4) A municipality may not impose or collect:
(a) a land use application fee that exceeds the reasonable cost of processing the
application; or
(b) an inspection or review fee that exceeds the reasonable cost of performing the
inspection or review.
(5) Upon the request of an applicant or an owner of residential property, the municipality
shall itemize each fee that the municipality imposes on the applicant or on the residential
property, respectively, showing the basis of each calculation for each fee imposed.
(6) A municipality may not impose on or collect from a public agency any fee associated
with the public agency's development of its land other than:
(a) subject to Subsection (4), a fee for a development service that the public agency does
not itself provide;
(b) subject to Subsection (3), a hookup fee; and
(c) an impact fee for a public facility listed in Subsection 11-36-102(13)(a), (b), (c), (d),
(e), or (g), subject to any applicable credit under Subsection 11-36-202(2)(b).
Amended by Chapter 181, 2009 General Session
Amended by Chapter 225, 2009 General Session
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Last revised: Thursday, May 28, 2009