17-27a-509.   Limit on fees -- Requirement to itemize fees.
     (1) A county 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 county charges for a building permit fee for that building.
     (2) Subject to Subsection (1), a county may impose and collect only a nominal fee for reviewing and approving identical plans.
     (3) A county may not impose or collect a hookup fee that exceeds the reasonable cost of installing and inspecting the pipe, line, meter, or appurtenance to connect to the county water, sewer, storm water, power, or other utility system.
     (4) A county 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 county shall itemize each fee that the county imposes on the applicant or on the residential property, respectively, showing the basis of each calculation for each fee imposed.
     (6) A county 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