Title 11 Chapter 36a Section 306

Cities, Counties, and Local Taxing Units
Impact Fees Act
Section 306
Certification of impact fee analysis.

            

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. includes only the costs of public facilities that are:

            a. allowed under the Impact Fees Act; and

            b. actually incurred; or

            c. projected to be incurred or encumbered within six years after the day on which each impact fee is paid;

2. does not include:

            a. costs of operation and maintenance of public facilities;

            b. costs for qualifying public facilities that will raise the level of service for the facilities, through impact fees, above the level of service that is supported by existing residents; or

            c. an expense for overhead, unless the expense is calculated pursuant to a methodology that is consistent with generally accepted cost accounting practices and the methodological standards set forth by the federal Office of Management and Budget for federal grant reimbursement; and

3. complies in each and every relevant respect with the Impact Fees Act."

            (2) An impact fee analysis shall include a written certification from the person or entity that prepares the impact fee analysis which states as follows:

"I certify that the attached impact fee analysis:

1. includes only the costs of public facilities that are:

            a. allowed under the Impact Fees Act; and

            b. actually incurred; or

            c. projected to be incurred or encumbered within six years after the day on which each impact fee is paid;

2. does not include:

            a. costs of operation and maintenance of public facilities;

            b. costs for qualifying public facilities that will raise the level of service for the facilities, through impact fees, above the level of service that is supported by existing residents; or

            c. an expense for overhead, unless the expense is calculated pursuant to a methodology that is consistent with generally accepted cost accounting practices and the methodological standards set forth by the federal Office of Management and Budget for federal grant reimbursement;

3. offsets costs with grants or other alternate sources of payment; and

4. complies in each and every relevant respect with the Impact Fees Act."


Amended by Chapter 278, 2013 General Session