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H.B. 288
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to an impact fee.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . amends provisions relating to an impact fee facilities plan;
14 . requires a political subdivision or private entity to identify in an impact fee analysis
15 the cost of an impact fee facilities plan, analysis, independent review, or enactment;
16 . amends provisions related to a private entity's:
17 . accounting of impact fees;
18 . expenditure of impact fees;
19 . challenge of an impact fee; and
20 . arbitration of an impact fee;
21 . allows a local government or aggrieved person to request a written advisory opinion
22 prior to the enactment of an impact fee, in certain circumstances;
23 . amends provisions related to an advisory opinion regarding a private entity and
24 issued by the Office of the Property Rights Ombudsman; and
25 . makes technical corrections.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 10-9a-305, as last amended by Laws of Utah 2011, Chapters 47, 92, and 407
33 10-9a-510, as last amended by Laws of Utah 2011, Chapters 47 and 92
34 11-36a-102, as enacted by Laws of Utah 2011, Chapter 47
35 11-36a-302, as enacted by Laws of Utah 2011, Chapter 47
36 11-36a-304, as enacted by Laws of Utah 2011, Chapter 47
37 11-36a-601, as enacted by Laws of Utah 2011, Chapter 47
38 11-36a-602, as enacted by Laws of Utah 2011, Chapter 47
39 11-36a-603, as enacted by Laws of Utah 2011, Chapter 47
40 11-36a-701, as enacted by Laws of Utah 2011, Chapter 47
41 11-36a-703, as enacted by Laws of Utah 2011, Chapter 47
42 11-36a-705, as enacted by Laws of Utah 2011, Chapter 47
43 13-43-205, as last amended by Laws of Utah 2011, Chapters 47 and 385
44 13-43-206, as last amended by Laws of Utah 2011, Chapter 47
45 17-27a-305, as last amended by Laws of Utah 2011, Chapters 47, 92, and 407
46 17-27a-509, as last amended by Laws of Utah 2011, Chapters 47 and 92
47 17B-1-118, as last amended by Laws of Utah 2011, Chapter 47
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49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 10-9a-305 is amended to read:
51 10-9a-305. Other entities required to conform to municipality's land use
52 ordinances -- Exceptions -- School districts and charter schools -- Submission of
53 development plan and schedule.
54 (1) (a) Each county, municipality, school district, charter school, local district, special
55 service district, and political subdivision of the state shall conform to any applicable land use
56 ordinance of any municipality when installing, constructing, operating, or otherwise using any
57 area, land, or building situated within that municipality.
58 (b) In addition to any other remedies provided by law, when a municipality's land use
59 ordinance is violated or about to be violated by another political subdivision, that municipality
60 may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
61 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
62 (2) (a) Notwithstanding Subsection (1), a public transit district under Title 17B,
63 Chapter 2a, Part 8, Public Transit District Act, is not required to conform to any applicable
64 land use ordinance of a municipality located within the boundaries of a county of the first class
65 when constructing a:
66 (i) rail fixed guideway public transit facility that extends across two or more counties;
67 or
68 (ii) structure that serves a rail fixed guideway public transit facility that extends across
69 two or more counties, including:
70 (A) platforms;
71 (B) passenger terminals or stations;
72 (C) park and ride facilities;
73 (D) maintenance facilities;
74 (E) all related utility lines, roadways, and other facilities serving the public transit
75 facility; or
76 (F) other auxiliary facilities.
77 (b) The exemption from municipal land use ordinances under this Subsection (2) does
78 not extend to any property not necessary for the construction or operation of a rail fixed
79 guideway public transit facility.
80 (c) A municipality located within the boundaries of a county of the first class may not,
81 through an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, require a public
82 transit district under Title 17B, Chapter 2a, Part 8, Public Transit District Act, to obtain
83 approval from the municipality prior to constructing a:
84 (i) rail fixed guideway public transit facility that extends across two or more counties;
85 or
86 (ii) structure that serves a rail fixed guideway public transit facility that extends across
87 two or more counties, including:
88 (A) platforms;
89 (B) passenger terminals or stations;
90 (C) park and ride facilities;
91 (D) maintenance facilities;
92 (E) all related utility lines, roadways, and other facilities serving the public transit
93 facility; or
94 (F) other auxiliary facilities.
95 (3) (a) Except as provided in Subsection (4), a school district or charter school is
96 subject to a municipality's land use ordinances.
97 (b) (i) Notwithstanding Subsection (4), a municipality may:
98 (A) subject a charter school to standards within each zone pertaining to setback, height,
99 bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
100 staging; and
101 (B) impose regulations upon the location of a project that are necessary to avoid
102 unreasonable risks to health or safety, as provided in Subsection (4)(f).
103 (ii) The standards to which a municipality may subject a charter school under
104 Subsection (3)(b)(i) shall be objective standards only and may not be subjective.
105 (iii) Except as provided in Subsection (8)(d), the only basis upon which a municipality
106 may deny or withhold approval of a charter school's land use application is the charter school's
107 failure to comply with a standard imposed under Subsection (3)(b)(i).
108 (iv) Nothing in Subsection (3)(b)(iii) may be construed to relieve a charter school of an
109 obligation to comply with a requirement of an applicable building or safety code to which it is
110 otherwise obligated to comply.
111 (4) A municipality may not:
112 (a) impose requirements for landscaping, fencing, aesthetic considerations,
113 construction methods or materials, additional building inspections, municipal building codes,
114 building use for educational purposes, or the placement or use of temporary classroom facilities
115 on school property;
116 (b) except as otherwise provided in this section, require a school district or charter
117 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
118 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
119 children and not located on or contiguous to school property, unless the roadway or sidewalk is
120 required to connect an otherwise isolated school site to an existing roadway;
121 (c) require a district or charter school to pay fees not authorized by this section;
122 (d) provide for inspection of school construction or assess a fee or other charges for
123 inspection, unless the school district or charter school is unable to provide for inspection by an
124 inspector, other than the project architect or contractor, who is qualified under criteria
125 established by the state superintendent;
126 (e) require a school district or charter school to pay any impact fee for an improvement
127 project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
128 (f) impose regulations upon the location of an educational facility except as necessary
129 to avoid unreasonable risks to health or safety; or
130 (g) for a land use or a structure owned or operated by a school district or charter school
131 that is not an educational facility but is used in support of providing instruction to pupils,
132 impose a regulation that:
133 (i) is not imposed on a similar land use or structure in the zone in which the land use or
134 structure is approved; or
135 (ii) uses the tax exempt status of the school district or charter school as criteria for
136 prohibiting or regulating the land use or location of the structure.
137 (5) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
138 the siting of a new school with the municipality in which the school is to be located, to:
139 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
140 the impacts between the new school and future highways; and
141 (b) maximize school, student, and site safety.
142 (6) Notwithstanding Subsection (4)(d), a municipality may, at its discretion:
143 (a) provide a walk-through of school construction at no cost and at a time convenient to
144 the district or charter school; and
145 (b) provide recommendations based upon the walk-through.
146 (7) (a) Notwithstanding Subsection (4)(d), a school district or charter school shall use:
147 (i) a municipal building inspector;
148 (ii) (A) for a school district, a school district building inspector from that school
149 district; or
150 (B) for a charter school, a school district building inspector from the school district in
151 which the charter school is located; or
152 (iii) an independent, certified building inspector who is:
153 (A) not an employee of the contractor;
154 (B) approved by:
155 (I) a municipal building inspector; or
156 (II) (Aa) for a school district, a school district building inspector from that school
157 district; or
158 (Bb) for a charter school, a school district building inspector from the school district in
159 which the charter school is located; and
160 (C) licensed to perform the inspection that the inspector is requested to perform.
161 (b) The approval under Subsection (7)(a)(iii)(B) may not be unreasonably withheld.
162 (c) If a school district or charter school uses a school district or independent building
163 inspector under Subsection (7)(a)(ii) or (iii), the school district or charter school shall submit to
164 the state superintendent of public instruction and municipal building official, on a monthly
165 basis during construction of the school building, a copy of each inspection certificate regarding
166 the school building.
167 (8) (a) A charter school shall be considered a permitted use in all zoning districts
168 within a municipality.
169 (b) Each land use application for any approval required for a charter school, including
170 an application for a building permit, shall be processed on a first priority basis.
171 (c) Parking requirements for a charter school may not exceed the minimum parking
172 requirements for schools or other institutional public uses throughout the municipality.
173 (d) If a municipality has designated zones for a sexually oriented business, or a
174 business which sells alcohol, a charter school may be prohibited from a location which would
175 otherwise defeat the purpose for the zone unless the charter school provides a waiver.
176 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
177 occupancy of a school building from:
178 (A) the state superintendent of public instruction, as provided in Subsection
179 53A-20-104 (3), if the school district or charter school used an independent building inspector
180 for inspection of the school building; or
181 (B) a municipal official with authority to issue the certificate, if the school district or
182 charter school used a municipal building inspector for inspection of the school building.
183 (ii) A school district may issue its own certificate authorizing permanent occupancy of
184 a school building if it used its own building inspector for inspection of the school building,
185 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
186 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
187 school building from a school district official with authority to issue the certificate, if the
188 charter school used a school district building inspector for inspection of the school building.
189 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
190 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority
191 to issue the certificate shall be considered to satisfy any municipal requirement for an
192 inspection or a certificate of occupancy.
193 (9) (a) A specified public agency intending to develop its land shall submit to the land
194 use authority a development plan and schedule:
195 (i) as early as practicable in the development process, but no later than the
196 commencement of construction; and
197 (ii) with sufficient detail to enable the land use authority to assess:
198 (A) the specified public agency's compliance with applicable land use ordinances;
199 (B) the demand for public facilities listed in Subsections 11-36a-102 [
200 (c), (d), (e), and (g) caused by the development;
201 (C) the amount of any applicable fee described in Section 10-9a-510 ;
202 (D) any credit against an impact fee; and
203 (E) the potential for waiving an impact fee.
204 (b) The land use authority shall respond to a specified public agency's submission
205 under Subsection (9)(a) with reasonable promptness in order to allow the specified public
206 agency to consider information the municipality provides under Subsection (9)(a)(ii) in the
207 process of preparing the budget for the development.
208 (10) Nothing in this section may be construed to:
209 (a) modify or supersede Section 10-9a-304 ; or
210 (b) authorize a municipality to enforce an ordinance in a way, or enact an ordinance,
211 that fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
212 Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
213 1990, 42 U.S.C. 12102, or any other provision of federal law.
214 Section 2. Section 10-9a-510 is amended to read:
215 10-9a-510. Limit on fees -- Requirement to itemize fees -- Appeal of fee --
216 Provider of culinary or secondary water.
217 (1) A municipality may not impose or collect a fee for reviewing or approving the
218 plans for a commercial or residential building that exceeds the lesser of:
219 (a) the actual cost of performing the plan review; and
220 (b) 65% of the amount the municipality charges for a building permit fee for that
221 building.
222 (2) Subject to Subsection (1), a municipality may impose and collect only a nominal
223 fee for reviewing and approving identical floor plans.
224 (3) A municipality may not impose or collect a hookup fee that exceeds the reasonable
225 cost of installing and inspecting the pipe, line, meter, and appurtenance to connect to the
226 municipal water, sewer, storm water, power, or other utility system.
227 (4) A municipality may not impose or collect:
228 (a) a land use application fee that exceeds the reasonable cost of processing the
229 application or issuing the permit; or
230 (b) an inspection, regulation, or review fee that exceeds the reasonable cost of
231 performing the inspection, regulation, or review.
232 (5) (a) If requested by an applicant who is charged a fee or an owner of residential
233 property upon which a fee is imposed, the municipality shall provide an itemized fee statement
234 that shows the calculation method for each fee.
235 (b) If an applicant who is charged a fee or an owner of residential property upon which
236 a fee is imposed submits a request for an itemized fee statement no later than 30 days after the
237 day on which the applicant or owner pays the fee, the municipality shall no later than 10 days
238 after the day on which the request is received provide or commit to provide within a specific
239 time:
240 (i) for each fee, any studies, reports, or methods relied upon by the municipality to
241 create the calculation method described in Subsection (5)(a);
242 (ii) an accounting of each fee paid;
243 (iii) how each fee will be distributed; and
244 (iv) information on filing a fee appeal through the process described in Subsection
245 (5)(c).
246 (c) A municipality shall establish a fee appeal process subject to an appeal authority
247 described in Part 7, Appeal Authority and Variances, and district court review in accordance
248 with Part 8, District Court Review, to determine whether a fee reflects only the reasonable
249 estimated cost of:
250 (i) regulation;
251 (ii) processing an application;
252 (iii) issuing a permit; or
253 (iv) delivering the service for which the applicant or owner paid the fee.
254 (6) A municipality may not impose on or collect from a public agency any fee
255 associated with the public agency's development of its land other than:
256 (a) subject to Subsection (4), a fee for a development service that the public agency
257 does not itself provide;
258 (b) subject to Subsection (3), a hookup fee; and
259 (c) an impact fee for a public facility listed in Subsection 11-36a-102 [
260 (c), (d), (e), or (g), subject to any applicable credit under Subsection 11-36a-402 (2).
261 (7) A provider of culinary or secondary water that commits to provide a water service
262 required by a land use application process is subject to the following as if it were a
263 municipality:
264 (a) Subsections (5) and (6);
265 (b) Section 10-9a-508 ; and
266 (c) Section 10-9a-509.5 .
267 Section 3. Section 11-36a-102 is amended to read:
268 11-36a-102. Definitions.
269 As used in this chapter:
270 (1) (a) "Affected entity" means each county, municipality, local district under Title
271 17B, Limited Purpose Local Government Entities - Local Districts, special service district
272 under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation
273 entity established under Chapter 13, Interlocal Cooperation Act, and specified public utility:
274 (i) whose services or facilities are likely to require expansion or significant
275 modification because of the facilities proposed in the proposed impact fee facilities plan; or
276 (ii) that has filed with the local political subdivision or private entity a copy of the
277 general or long-range plan of the county, municipality, local district, special service district,
278 school district, interlocal cooperation entity, or specified public utility.
279 (b) "Affected entity" does not include the local political subdivision or private entity
280 that is required under Section 11-36a-501 to provide notice.
281 (2) "Charter school" includes:
282 (a) an operating charter school;
283 (b) an applicant for a charter school whose application has been approved by a
284 chartering entity as provided in Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act;
285 and
286 (c) an entity that is working on behalf of a charter school or approved charter applicant
287 to develop or construct a charter school building.
288 (3) "Development activity" means any construction or expansion of a building,
289 structure, or use, any change in use of a building or structure, or any changes in the use of land
290 that creates additional demand and need for public facilities.
291 (4) "Development approval" means:
292 (a) except as provided in Subsection (4)(b), any written authorization from a local
293 political subdivision that authorizes the commencement of development activity;
294 (b) development activity, for a public entity that may develop without written
295 authorization from a local political subdivision;
296 (c) a written authorization from a public water supplier, as defined in Section 73-1-4 ,
297 or a private water company:
298 (i) to reserve or provide:
299 (A) a water right;
300 (B) a system capacity; or
301 (C) a distribution facility; or
302 (ii) to deliver for a development activity:
303 (A) culinary water; or
304 (B) irrigation water; or
305 (d) a written authorization from a sanitary sewer authority, as defined in Section
306 10-9a-103 :
307 (i) to reserve or provide:
308 (A) sewer collection capacity; or
309 (B) treatment capacity; or
310 (ii) to provide sewer service for a development activity.
311 (5) "Enactment" means:
312 (a) a municipal ordinance, for a municipality;
313 (b) a county ordinance, for a county; and
314 (c) a governing board resolution, for a local district, special service district, or private
315 entity.
316 (6) "Encumber" means:
317 (a) a pledge to retire a debt; or
318 (b) an allocation to a current purchase order or contract.
319 (7) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
320 meter, or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility
321 system of a municipality, county, local district, special service district, or private entity.
322 (8) (a) "Impact fee" means a payment of money imposed upon new development
323 activity as a condition of development approval to mitigate the impact of the new development
324 on public infrastructure.
325 (b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, a
326 hookup fee, a fee for project improvements, or other reasonable permit or application fee.
327 (9) "Impact fee analysis" means the written analysis of each impact fee required by
328 Section 11-36a-303 .
329 (10) "Impact fee facilities plan" means the plan required by Section 11-36a-301 .
330 (11) "Level of service" means the capacity of a public facility within a service area
331 measured as a performance standard or unit of demand for the public facility within the service
332 area.
333 [
334 district under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a
335 special service district under Title 17D, Chapter 1, Special Service District Act.
336 (b) "Local political subdivision" does not mean a school district, whose impact fee
337 activity is governed by Section 53A-20-100.5 .
338 [
339 culinary or secondary water that is required [
340 condition of development.
341 [
342 (i) planned and designed to provide service for development resulting from a
343 development activity;
344 (ii) necessary for the use and convenience of the occupants or users of development
345 resulting from a development activity; and
346 (iii) not identified or reimbursed as a system improvement.
347 (b) "Project improvements" does not mean system improvements.
348 [
349 are roughly proportionate and reasonably related to the service demands and needs of any
350 development activity.
351 [
352 life expectancy of 10 or more years and are owned or operated by or on behalf of a local
353 political subdivision or private entity:
354 (a) water rights and water supply, treatment, and distribution facilities;
355 (b) wastewater collection and treatment facilities;
356 (c) storm water, drainage, and flood control facilities;
357 (d) municipal power facilities;
358 (e) roadway facilities;
359 (f) parks, recreation facilities, open space, and trails;
360 (g) public safety facilities; or
361 (h) environmental mitigation as provided in Section 11-36a-205 .
362 [
363 (i) a building constructed or leased to house police, fire, or other public safety entities;
364 or
365 (ii) a fire suppression vehicle costing in excess of $500,000.
366 (b) "Public safety facility" does not mean a jail, prison, or other place of involuntary
367 incarceration.
368 [
369 an officially adopted subdivision plat, roadway plan, or general plan of a political subdivision,
370 together with all necessary appurtenances.
371 (b) "Roadway facilities" includes associated improvements to a federal or state
372 roadway only when the associated improvements:
373 (i) are necessitated by the new development; and
374 (ii) are not funded by the state or federal government.
375 (c) "Roadway facilities" does not mean federal or state roadways.
376 [
377
378 principles in which a public facility, or a defined set of public facilities, provides service within
379 the area.
380 (b) "Service area" may include the entire local political subdivision or an entire area
381 served by a private entity.
382 [
383 (a) the state;
384 (b) a school district; or
385 (c) a charter school.
386 [
387 (i) existing public facilities that are:
388 (A) identified in the impact fee analysis under Section 11-36a-304 ; and
389 (B) designed to provide services to service areas within the community at large; and
390 (ii) future public facilities identified in the impact fee analysis under Section
391 11-36a-304 that are intended to provide services to service areas within the community at large.
392 (b) "System improvements" does not mean project improvements.
393 Section 4. Section 11-36a-302 is amended to read:
394 11-36a-302. Impact fee facilities plan requirements -- Limitations -- School
395 district or charter school.
396 (1) (a) An impact fee facilities plan shall [
397 (i) establish the existing level of service of each public facility, less any excess capacity
398 existing within the public facility that is available to accommodate future growth;
399 (ii) subject to Subsection (1)(b), establish a proposed level of service of each public
400 facility;
401 [
402 activity; and
403 [
404 meet those demands.
405 (b) A proposed level of service may:
406 (i) exceed the existing level of service of an existing public facility; or
407 (ii) establish a standard for a new public facility if, independent of the use of impact
408 fees, the political subdivision or private entity:
409 (A) provides a means; and
410 (B) implements and maintains the means to increase the existing level of service for
411 existing demand.
412 (2) In preparing an impact fee facilities plan, each local political subdivision shall
413 generally consider all revenue sources, including impact fees and anticipated dedication of
414 system improvements, to finance the impacts on system improvements.
415 (3) A local political subdivision or private entity may only impose impact fees on
416 development activities when the local political subdivision's or private entity's plan for
417 financing system improvements establishes that impact fees are necessary to [
418
419
420 (a) an established level of service; or
421 (b) a proposed level of service that complies with Subsection (1)(b).
422 (4) (a) Subject to Subsection (4)(c), the impact fee facilities plan shall include a public
423 facility for which an impact fee may be charged or required for a school district or charter
424 school if the local political subdivision is aware of the planned location of the school district
425 facility or charter school:
426 (i) through the planning process; or
427 (ii) after receiving a written request from a school district or charter school that the
428 public facility be included in the impact fee facilities plan.
429 (b) If necessary, a local political subdivision or private entity shall amend the impact
430 fee facilities plan to reflect a public facility described in Subsection (4)(a).
431 (c) (i) In accordance with Subsections 10-9a-305 (4) and 17-27a-305 (4), a local
432 political subdivision may not require a school district or charter school to participate in the cost
433 of any roadway or sidewalk.
434 (ii) Notwithstanding Subsection (4)(c)(i), if a school district or charter school agrees to
435 build a roadway or sidewalk, the roadway or sidewalk shall be included in the impact fee
436 facilities plan if the local jurisdiction has an impact fee facilities plan for roads and sidewalks.
437 Section 5. Section 11-36a-304 is amended to read:
438 11-36a-304. Impact fee analysis requirements.
439 (1) An impact fee analysis shall:
440 (a) identify the anticipated impact on or consumption of any existing capacity of a
441 public facility by the anticipated development activity;
442 (b) identify the anticipated impact on system improvements required by the anticipated
443 development activity to maintain the established level of service for each public facility;
444 (c) subject to Subsection (2), demonstrate how the anticipated impacts described in
445 Subsections (1)(a) and (b) are reasonably related to the anticipated development activity;
446 (d) estimate the proportionate share of:
447 (i) the costs for existing capacity that will be recouped; and
448 (ii) the costs of impacts on system improvements that are reasonably related to the new
449 development activity; and
450 (e) based on the requirements of this chapter, identify how the impact fee was
451 calculated.
452 (2) In analyzing whether or not the proportionate share of the costs of public facilities
453 are reasonably related to the new development activity, the local political subdivision or private
454 entity, as the case may be, shall identify, if applicable:
455 (a) the cost of each existing public facility that has excess capacity to serve the
456 anticipated development resulting from the new development activity;
457 (b) the cost of system improvements for each public facility, including financing costs;
458 (c) other than impact fees, the manner of financing for each public facility, such as user
459 charges, special assessments, bonded indebtedness, general taxes, or federal grants;
460 (d) the relative extent to which development activity will contribute to financing the
461 excess capacity of and system improvements for each existing public facility, by such means as
462 user charges, special assessments, or payment from the proceeds of general taxes;
463 (e) the relative extent to which development activity will contribute to the cost of
464 existing public facilities and system improvements in the future;
465 (f) the extent to which the development activity is entitled to a credit against impact
466 fees because the development activity will dedicate system improvements or public facilities
467 that will offset the demand for system improvements, inside or outside the proposed
468 development;
469 (g) extraordinary costs, if any, in servicing the newly developed properties; and
470 [
471
472 (h) the cost of an impact fee facilities plan, analysis, independent review, or enactment.
473 Section 6. Section 11-36a-601 is amended to read:
474 11-36a-601. Accounting of impact fees.
475 A local political subdivision or private entity that collects an impact fee shall:
476 (1) establish a separate interest bearing ledger account for each type of public facility
477 for which an impact fee is collected;
478 (2) deposit a receipt for an impact fee in the appropriate ledger account established
479 under Subsection (1);
480 (3) retain the interest earned on each fund or ledger account in the fund or ledger
481 account;
482 (4) at the end of each fiscal year, prepare a report on each fund or ledger account
483 showing:
484 (a) the source and amount of all money collected, earned, and received by the fund or
485 ledger account; and
486 (b) each expenditure from the fund or ledger account; and
487 (5) produce a report that:
488 (a) identifies impact fee funds by the year in which they were received, the project
489 from which the funds were collected, the impact fee projects for which the funds were
490 budgeted, and the projected schedule for expenditure;
491 (b) is in a format developed by the state auditor;
492 (c) is certified by the local political subdivision's or private entity's chief financial
493 officer; and
494 (d) is transmitted annually:
495 (i) for a local political subdivision, to the state auditor[
496 (ii) for a private entity, to the chief financial officer of each political subdivision within
497 which it charges an impact fee.
498 Section 7. Section 11-36a-602 is amended to read:
499 11-36a-602. Expenditure of impact fees.
500 (1) A local political subdivision or private entity may expend impact fees only for a
501 system improvement:
502 (a) identified in the impact fee facilities plan; and
503 (b) for the specific public facility type for which the fee was collected.
504 (2) (a) Except as provided in Subsection (2)(b), a local political subdivision or private
505 entity shall expend or encumber the impact fees for a permissible use within six years of their
506 receipt.
507 (b) A local political subdivision or private entity may hold the fees for longer than six
508 years if it identifies, in writing:
509 (i) an extraordinary and compelling reason why the fees should be held longer than six
510 years; and
511 (ii) an absolute date by which the fees will be expended.
512 Section 8. Section 11-36a-603 is amended to read:
513 11-36a-603. Refunds.
514 A local political subdivision or private entity shall refund any impact fee paid by a
515 developer, plus interest earned, when:
516 (1) the developer does not proceed with the development activity and has filed a
517 written request for a refund;
518 (2) the fee has not been spent or encumbered; and
519 (3) no impact has resulted.
520 Section 9. Section 11-36a-701 is amended to read:
521 11-36a-701. Impact fee challenge.
522 (1) A person or an entity residing in or owning property within a service area, or an
523 organization, association, or a corporation representing the interests of persons or entities
524 owning property within a service area, has standing to file a declaratory judgment action
525 challenging the validity of an impact fee.
526 (2) (a) A person or an entity required to pay an impact fee who believes the impact fee
527 does not meet the requirements of law may file a written request for information with the local
528 political subdivision or private entity who established the impact fee.
529 (b) Within two weeks after the receipt of the request for information under Subsection
530 (2)(a), the local political subdivision or private entity shall provide the person or entity with the
531 impact fee analysis, the impact fee facilities plan, and any other relevant information relating to
532 the impact fee.
533 (3) (a) Subject to the time limitations described in Section 11-36a-702 and procedures
534 set forth in Section 11-36a-703 , a person or an entity that has paid an impact fee that was
535 imposed by a local political subdivision or private entity may challenge:
536 (i) if the impact fee enactment was adopted on or after July 1, 2000:
537 (A) subject to Subsection (3)(b)(i) and except as provided in Subsection (3)(b)(ii),
538 whether the local political subdivision or private entity complied with the notice requirements
539 of this chapter with respect to the imposition of the impact fee; and
540 (B) whether the local political subdivision or private entity complied with other
541 procedural requirements of this chapter for imposing the impact fee; and
542 (ii) except as limited by Subsection (3)(c), the impact fee.
543 (b) (i) The sole remedy for a challenge under Subsection (3)(a)(i)(A) is the equitable
544 remedy of requiring the local political subdivision or private entity to correct the defective
545 notice and repeat the process.
546 (ii) The protections given to a municipality under Section 10-9a-801 and to a county
547 under Section 17-27a-801 do not apply in a challenge under Subsection (3)(a)(i)(A).
548 (c) The sole remedy for a challenge under Subsection (3)(a)(ii) is a refund of the
549 difference between what the person or entity paid as an impact fee and the amount the impact
550 fee should have been if it had been correctly calculated.
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578 (4) A person who submits an impact fee for an advisory opinion in accordance with
579 Section 13-43-205 , and that impact fee is also listed as a cause of action in litigation, is subject
580 to the provisions of Subsection 13-43-206 (12).
581 Section 10. Section 11-36a-703 is amended to read:
582 11-36a-703. Procedures for challenging an impact fee.
583 (1) (a) A local political subdivision may establish, by ordinance or resolution, or a
584 private entity may establish by prior written policy, an administrative appeals procedure to
585 consider and decide a challenge to an impact fee.
586 (b) If the local political subdivision or private entity establishes an administrative
587 appeals procedure, the local political subdivision or private entity shall ensure that the
588 procedure includes a requirement that the local political subdivision or private entity make its
589 decision no later than 30 days after the day on which the challenge to the impact fee is filed.
590 (2) A challenge under Subsection 11-36a-701 (3)(a) is initiated by filing:
591 (a) if the local political subdivision or private entity has established an administrative
592 appeals procedure under Subsection (1), the necessary document, under the administrative
593 appeals procedure, for initiating the administrative appeal;
594 (b) a request for arbitration as provided in Section 11-36a-705 ; or
595 (c) an action in district court.
596 (3) The sole remedy for a successful challenge under Subsection 11-36a-701 (1), which
597 determines that an impact fee process was invalid, or an impact fee is in excess of the fee
598 allowed under this act, is a declaration that, until the local political subdivision or private entity
599 enacts a new impact fee study, from the date of the decision forward, the entity may charge an
600 impact fee only as the court has determined would have been appropriate if it had been
601 properly enacted.
602 (4) Subsections (2), (3), 11-36a-701 (3), and 11-36a-702 (1) may not be construed as
603 requiring a person or an entity to exhaust administrative remedies with the local political
604 subdivision or private entity before filing an action in district court under Subsections (2), (3),
605 11-36a-701 (3), and 11-36a-702 (1).
606 (5) The judge may award reasonable attorney fees and costs to the prevailing party in
607 an action brought under this section.
608 (6) This chapter may not be construed as restricting or limiting any rights to challenge
609 impact fees that were paid before the effective date of this chapter.
610 Section 11. Section 11-36a-705 is amended to read:
611 11-36a-705. Arbitration.
612 (1) A person or entity intending to challenge an impact fee under Section 11-36a-703
613 shall file a written request for arbitration with the local political subdivision or private entity
614 within the time limitation described in Section 11-36a-702 for the applicable type of challenge.
615 (2) If a person or an entity files a written request for arbitration under Subsection (1),
616 an arbitrator or arbitration panel shall be selected as follows:
617 (a) the local political subdivision or private entity and the person or entity filing the
618 request may agree on a single arbitrator within 10 days after the day on which the request for
619 arbitration is filed; or
620 (b) if a single arbitrator is not agreed to in accordance with Subsection (2)(a), an
621 arbitration panel shall be created with the following members:
622 (i) each party shall select an arbitrator within 20 days after the date the request is filed;
623 and
624 (ii) the arbitrators selected under Subsection (2)(b)(i) shall select a third arbitrator.
625 (3) The arbitration panel shall hold a hearing on the challenge no later than 30 days
626 after the day on which:
627 (a) the single arbitrator is agreed on under Subsection (2)(a); or
628 (b) the two arbitrators are selected under Subsection (2)(b)(i).
629 (4) The arbitrator or arbitration panel shall issue a decision in writing no later than 10
630 days after the day on which the hearing described in Subsection (3) is completed.
631 (5) Except as provided in this section, each arbitration shall be governed by Title 78B,
632 Chapter 11, Utah Uniform Arbitration Act.
633 (6) The parties may agree to:
634 (a) binding arbitration;
635 (b) formal, nonbinding arbitration; or
636 (c) informal, nonbinding arbitration.
637 (7) If the parties agree in writing to binding arbitration:
638 (a) the arbitration shall be binding;
639 (b) the decision of the arbitration panel shall be final;
640 (c) neither party may appeal the decision of the arbitration panel; and
641 (d) notwithstanding Subsection (10), the person or entity challenging the impact fee
642 may not also challenge the impact fee under Subsection 11-36a-701 (1) or Subsection
643 11-36a-703 (2)(a) or (2)(c).
644 (8) (a) Except as provided in Subsection (8)(b), if the parties agree to formal,
645 nonbinding arbitration, the arbitration shall be governed by the provisions of Title 63G,
646 Chapter 4, Administrative Procedures Act.
647 (b) For purposes of applying Title 63G, Chapter 4, Administrative Procedures Act, to a
648 formal, nonbinding arbitration under this section, notwithstanding Section 63G-4-502 ,
649 "agency" means a local political subdivision or private entity.
650 (9) (a) An appeal from a decision in an informal, nonbinding arbitration may be filed
651 with the district court in which the local political subdivision is located or in which the impact
652 fee was paid.
653 (b) An appeal under Subsection (9)(a) shall be filed within 30 days after the day on
654 which the arbitration panel issues a decision under Subsection (4).
655 (c) The district court shall consider de novo each appeal filed under this Subsection (9).
656 (d) Notwithstanding Subsection (10), a person or entity that files an appeal under this
657 Subsection (9) may not also challenge the impact fee under Subsection 11-36a-701 (1) or
658 Subsection 11-36a-703 (2)(a) or (2)(c).
659 (10) (a) Except as provided in Subsections (7)(d) and (9)(d), this section may not be
660 construed to prohibit a person or entity from challenging an impact fee as provided in
661 Subsection 11-36a-701 (1) or Subsection 11-36a-703 (2)(a) or (2)(c).
662 (b) The filing of a written request for arbitration within the required time in accordance
663 with Subsection (1) tolls all time limitations under Section 11-36a-702 until the day on which
664 the arbitration panel issues a decision.
665 (11) The person or entity filing a request for arbitration and the local political
666 subdivision shall equally share all costs of an arbitration proceeding under this section.
667 Section 12. Section 13-43-205 is amended to read:
668 13-43-205. Advisory opinion.
669 A local government or a potentially aggrieved person may, in accordance with Section
670 13-43-206 , request a written advisory opinion:
671 (1) from a neutral third party to determine compliance with:
672 (a) Sections 10-9a-507 through 10-9a-511 ;
673 (b) Sections 17-27a-506 through 17-27a-510 ; and
674 (c) Title 11, Chapter 36a, Impact Fees Act; and
675 (2) (a) at any time before a final decision on a land use application by a local appeal
676 authority under Title 11, Chapter 36a, Impact Fees Act, or Section 10-9a-708 or 17-27a-708 ; or
677 (b) at any time before the deadline for filing an appeal with the district court under
678 Title 11, Chapter 36a, Impact Fees Act, or Section 10-9a-801 or 17-27a-801 , if no local appeal
679 authority is designated to hear the issue that is the subject of the request for an advisory
680 opinion[
681 (c) at any time prior to the enactment of an impact fee, if the request for an advisory
682 opinion is a request to review and comment on a proposed impact fee facilities plan or a
683 proposed impact fee analysis.
684 Section 13. Section 13-43-206 is amended to read:
685 13-43-206. Advisory opinion -- Process.
686 (1) A request for an advisory opinion under Section 13-43-205 shall be:
687 (a) filed with the Office of the Property Rights Ombudsman; and
688 (b) accompanied by a filing fee of $150.
689 (2) The Office of the Property Rights Ombudsman may establish policies providing for
690 partial fee waivers for a person who is financially unable to pay the entire fee.
691 (3) A person requesting an advisory opinion need not exhaust administrative remedies,
692 including remedies described under Section 10-9a-801 or 17-27a-801 , before requesting an
693 advisory opinion.
694 (4) The Office of the Property Rights Ombudsman shall:
695 (a) deliver notice of the request to opposing parties indicated in the request;
696 (b) inquire of all parties if there are other necessary parties to the dispute; and
697 (c) deliver notice to all necessary parties.
698 (5) If a governmental entity is an opposing party, the Office of the Property Rights
699 Ombudsman shall deliver the request in the manner provided for in Section 63G-7-401 .
700 (6) (a) The Office of the Property Rights Ombudsman shall promptly determine if the
701 parties can agree to a neutral third party to issue an advisory opinion.
702 (b) If no agreement can be reached within four business days after notice is delivered
703 pursuant to Subsections (4) and (5), the Office of the Property Rights Ombudsman shall
704 appoint a neutral third party to issue an advisory opinion.
705 (7) All parties that are the subject of the request for advisory opinion shall:
706 (a) share equally in the cost of the advisory opinion; and
707 (b) provide financial assurance for payment that the neutral third party requires.
708 (8) The neutral third party shall comply with the provisions of Section 78B-11-109 ,
709 and shall promptly:
710 (a) seek a response from all necessary parties to the issues raised in the request for
711 advisory opinion;
712 (b) investigate and consider all responses; and
713 (c) issue a written advisory opinion within 15 business days after the appointment of
714 the neutral third party under Subsection (6)(b), unless:
715 (i) the parties agree to extend the deadline; or
716 (ii) the neutral third party determines that the matter is complex and requires additional
717 time to render an opinion, which may not exceed 30 calendar days.
718 (9) An advisory opinion shall include a statement of the facts and law supporting the
719 opinion's conclusions.
720 (10) (a) Copies of any advisory opinion issued by the Office of the Property Rights
721 Ombudsman shall be delivered as soon as practicable to all necessary parties.
722 (b) A copy of the advisory opinion shall be delivered to the government entity in the
723 manner provided for in Section 63G-7-401 .
724 (11) An advisory opinion issued by the Office of the Property Rights Ombudsman is
725 not binding on any party to, nor admissible as evidence in, a dispute involving land use law
726 except as provided in Subsection (12).
727 (12) (a) Subject to Subsection (12)(d), if the same issue that is the subject of an
728 advisory opinion is listed as a cause of action in litigation, and that cause of action is litigated
729 on the same facts and circumstances and is resolved consistent with the advisory opinion:
730 (i) the substantially prevailing party on that cause of action:
731 (A) may collect reasonable attorney fees and court costs pertaining to the development
732 of that cause of action from the date of the delivery of the advisory opinion to the date of the
733 court's resolution; and
734 (B) shall be refunded an impact fee held to be in violation of Title 11, Chapter 36a,
735 Impact Fees Act, based on the difference between the impact fee paid and what the impact fee
736 should have been if the government or private entity had correctly calculated the impact fee;
737 and
738 (ii) in accordance with Subsection (12)(b), a government or private entity shall refund
739 an impact fee held to be in violation of Title 11, Chapter 36a, Impact Fees Act, to the person
740 who was in record title of the property on the day on which the impact fee for the property was
741 paid if:
742 (A) the impact fee was paid on or after the day on which the advisory opinion on the
743 impact fee was issued but before the day on which the final court ruling on the impact fee is
744 issued; and
745 (B) the person described in Subsection (12)(a)(ii) requests the impact fee refund from
746 the government or private entity within 30 days after the day on which the court issued the final
747 ruling on the impact fee.
748 (b) A government or private entity subject to Subsection (12)(a)(ii) shall refund the
749 impact fee based on the difference between the impact fee paid and what the impact fee should
750 have been if the government or private entity had correctly calculated the impact fee.
751 (c) Nothing in this Subsection (12) is intended to create any new cause of action under
752 land use law.
753 (d) Subsection (12)(a) does not apply unless the resolution described in Subsection
754 (12)(a) is final.
755 (13) Unless filed by the local government, a request for an advisory opinion under
756 Section 13-43-205 does not stay the progress of a land use application, or the effect of a land
757 use decision.
758 Section 14. Section 17-27a-305 is amended to read:
759 17-27a-305. Other entities required to conform to county's land use ordinances --
760 Exceptions -- School districts and charter schools -- Submission of development plan and
761 schedule.
762 (1) (a) Each county, municipality, school district, charter school, local district, special
763 service district, and political subdivision of the state shall conform to any applicable land use
764 ordinance of any county when installing, constructing, operating, or otherwise using any area,
765 land, or building situated within the unincorporated portion of the county.
766 (b) In addition to any other remedies provided by law, when a county's land use
767 ordinance is violated or about to be violated by another political subdivision, that county may
768 institute an injunction, mandamus, abatement, or other appropriate action or proceeding to
769 prevent, enjoin, abate, or remove the improper installation, improvement, or use.
770 (2) (a) Notwithstanding Subsection (1), a public transit district under Title 17B,
771 Chapter 2a, Part 8, Public Transit District Act, is not required to conform to any applicable
772 land use ordinance of a county of the first class when constructing a:
773 (i) rail fixed guideway public transit facility that extends across two or more counties;
774 or
775 (ii) structure that serves a rail fixed guideway public transit facility that extends across
776 two or more counties, including:
777 (A) platforms;
778 (B) passenger terminals or stations;
779 (C) park and ride facilities;
780 (D) maintenance facilities;
781 (E) all related utility lines, roadways, and other facilities serving the public transit
782 facility; or
783 (F) other auxiliary facilities.
784 (b) The exemption from county land use ordinances under this Subsection (2) does not
785 extend to any property not necessary for the construction or operation of a rail fixed guideway
786 public transit facility.
787 (c) A county of the first class may not, through an agreement under Title 11, Chapter
788 13, Interlocal Cooperation Act, require a public transit district under Title 17B, Chapter 2a,
789 Part 8, Public Transit District Act, to obtain approval from the county prior to constructing a:
790 (i) rail fixed guideway public transit facility that extends across two or more counties;
791 or
792 (ii) structure that serves a rail fixed guideway public transit facility that extends across
793 two or more counties, including:
794 (A) platforms;
795 (B) passenger terminals or stations;
796 (C) park and ride facilities;
797 (D) maintenance facilities;
798 (E) all related utility lines, roadways, and other facilities serving the public transit
799 facility; or
800 (F) other auxiliary facilities.
801 (3) (a) Except as provided in Subsection (4), a school district or charter school is
802 subject to a county's land use ordinances.
803 (b) (i) Notwithstanding Subsection (4), a county may:
804 (A) subject a charter school to standards within each zone pertaining to setback, height,
805 bulk and massing regulations, off-site parking, curb cut, traffic circulation, and construction
806 staging; and
807 (B) impose regulations upon the location of a project that are necessary to avoid
808 unreasonable risks to health or safety, as provided in Subsection (4)(f).
809 (ii) The standards to which a county may subject a charter school under Subsection
810 (3)(b)(i) shall be objective standards only and may not be subjective.
811 (iii) Except as provided in Subsection (8)(d), the only basis upon which a county may
812 deny or withhold approval of a charter school's land use application is the charter school's
813 failure to comply with a standard imposed under Subsection (3)(b)(i).
814 (iv) Nothing in Subsection (3)(b)(iii) may be construed to relieve a charter school of an
815 obligation to comply with a requirement of an applicable building or safety code to which it is
816 otherwise obligated to comply.
817 (4) A county may not:
818 (a) impose requirements for landscaping, fencing, aesthetic considerations,
819 construction methods or materials, additional building inspections, county building codes,
820 building use for educational purposes, or the placement or use of temporary classroom facilities
821 on school property;
822 (b) except as otherwise provided in this section, require a school district or charter
823 school to participate in the cost of any roadway or sidewalk, or a study on the impact of a
824 school on a roadway or sidewalk, that is not reasonably necessary for the safety of school
825 children and not located on or contiguous to school property, unless the roadway or sidewalk is
826 required to connect an otherwise isolated school site to an existing roadway;
827 (c) require a district or charter school to pay fees not authorized by this section;
828 (d) provide for inspection of school construction or assess a fee or other charges for
829 inspection, unless the school district or charter school is unable to provide for inspection by an
830 inspector, other than the project architect or contractor, who is qualified under criteria
831 established by the state superintendent;
832 (e) require a school district or charter school to pay any impact fee for an improvement
833 project unless the impact fee is imposed as provided in Title 11, Chapter 36a, Impact Fees Act;
834 (f) impose regulations upon the location of an educational facility except as necessary
835 to avoid unreasonable risks to health or safety; or
836 (g) for a land use or a structure owned or operated by a school district or charter school
837 that is not an educational facility but is used in support of providing instruction to pupils,
838 impose a regulation that:
839 (i) is not imposed on a similar land use or structure in the zone in which the land use or
840 structure is approved; or
841 (ii) uses the tax exempt status of the school district or charter school as criteria for
842 prohibiting or regulating the land use or location of the structure.
843 (5) Subject to Section 53A-20-108 , a school district or charter school shall coordinate
844 the siting of a new school with the county in which the school is to be located, to:
845 (a) avoid or mitigate existing and potential traffic hazards, including consideration of
846 the impacts between the new school and future highways; and
847 (b) maximize school, student, and site safety.
848 (6) Notwithstanding Subsection (4)(d), a county may, at its discretion:
849 (a) provide a walk-through of school construction at no cost and at a time convenient to
850 the district or charter school; and
851 (b) provide recommendations based upon the walk-through.
852 (7) (a) Notwithstanding Subsection (4)(d), a school district or charter school shall use:
853 (i) a county building inspector;
854 (ii) (A) for a school district, a school district building inspector from that school
855 district; or
856 (B) for a charter school, a school district building inspector from the school district in
857 which the charter school is located; or
858 (iii) an independent, certified building inspector who is:
859 (A) not an employee of the contractor;
860 (B) approved by:
861 (I) a county building inspector; or
862 (II) (Aa) for a school district, a school district building inspector from that school
863 district; or
864 (Bb) for a charter school, a school district building inspector from the school district in
865 which the charter school is located; and
866 (C) licensed to perform the inspection that the inspector is requested to perform.
867 (b) The approval under Subsection (7)(a)(iii)(B) may not be unreasonably withheld.
868 (c) If a school district or charter school uses a school district or independent building
869 inspector under Subsection (7)(a)(ii) or (iii), the school district or charter school shall submit to
870 the state superintendent of public instruction and county building official, on a monthly basis
871 during construction of the school building, a copy of each inspection certificate regarding the
872 school building.
873 (8) (a) A charter school shall be considered a permitted use in all zoning districts
874 within a county.
875 (b) Each land use application for any approval required for a charter school, including
876 an application for a building permit, shall be processed on a first priority basis.
877 (c) Parking requirements for a charter school may not exceed the minimum parking
878 requirements for schools or other institutional public uses throughout the county.
879 (d) If a county has designated zones for a sexually oriented business, or a business
880 which sells alcohol, a charter school may be prohibited from a location which would otherwise
881 defeat the purpose for the zone unless the charter school provides a waiver.
882 (e) (i) A school district or a charter school may seek a certificate authorizing permanent
883 occupancy of a school building from:
884 (A) the state superintendent of public instruction, as provided in Subsection
885 53A-20-104 (3), if the school district or charter school used an independent building inspector
886 for inspection of the school building; or
887 (B) a county official with authority to issue the certificate, if the school district or
888 charter school used a county building inspector for inspection of the school building.
889 (ii) A school district may issue its own certificate authorizing permanent occupancy of
890 a school building if it used its own building inspector for inspection of the school building,
891 subject to the notification requirement of Subsection 53A-20-104 (3)(a)(ii).
892 (iii) A charter school may seek a certificate authorizing permanent occupancy of a
893 school building from a school district official with authority to issue the certificate, if the
894 charter school used a school district building inspector for inspection of the school building.
895 (iv) A certificate authorizing permanent occupancy issued by the state superintendent
896 of public instruction under Subsection 53A-20-104 (3) or a school district official with authority
897 to issue the certificate shall be considered to satisfy any county requirement for an inspection or
898 a certificate of occupancy.
899 (9) (a) A specified public agency intending to develop its land shall submit to the land
900 use authority a development plan and schedule:
901 (i) as early as practicable in the development process, but no later than the
902 commencement of construction; and
903 (ii) with sufficient detail to enable the land use authority to assess:
904 (A) the specified public agency's compliance with applicable land use ordinances;
905 (B) the demand for public facilities listed in Subsections 11-36a-102 [
906 (c), (d), (e), and (g) caused by the development;
907 (C) the amount of any applicable fee described in Section 17-27a-509 ;
908 (D) any credit against an impact fee; and
909 (E) the potential for waiving an impact fee.
910 (b) The land use authority shall respond to a specified public agency's submission
911 under Subsection (9)(a) with reasonable promptness in order to allow the specified public
912 agency to consider information the municipality provides under Subsection (9)(a)(ii) in the
913 process of preparing the budget for the development.
914 (10) Nothing in this section may be construed to:
915 (a) modify or supersede Section 17-27a-304 ; or
916 (b) authorize a county to enforce an ordinance in a way, or enact an ordinance, that
917 fails to comply with Title 57, Chapter 21, Utah Fair Housing Act, the federal Fair Housing
918 Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq., the Americans with Disabilities Act of
919 1990, 42 U.S.C. 12102, or any other provision of federal law.
920 Section 15. Section 17-27a-509 is amended to read:
921 17-27a-509. Limit on fees -- Requirement to itemize fees -- Appeal of fee --
922 Provider of culinary or secondary water.
923 (1) A county may not impose or collect a fee for reviewing or approving the plans for a
924 commercial or residential building that exceeds the lesser of:
925 (a) the actual cost of performing the plan review; and
926 (b) 65% of the amount the county charges for a building permit fee for that building.
927 (2) Subject to Subsection (1), a county may impose and collect only a nominal fee for
928 reviewing and approving identical floor plans.
929 (3) A county may not impose or collect a hookup fee that exceeds the reasonable cost
930 of installing and inspecting the pipe, line, meter, or appurtenance to connect to the county
931 water, sewer, storm water, power, or other utility system.
932 (4) A county may not impose or collect:
933 (a) a land use application fee that exceeds the reasonable cost of processing the
934 application or issuing the permit; or
935 (b) an inspection, regulation, or review fee that exceeds the reasonable cost of
936 performing the inspection, regulation, or review.
937 (5) (a) If requested by an applicant who is charged a fee or an owner of residential
938 property upon which a fee is imposed, the county shall provide an itemized fee statement that
939 shows the calculation method for each fee.
940 (b) If an applicant who is charged a fee or an owner of residential property upon which
941 a fee is imposed submits a request for an itemized fee statement no later than 30 days after the
942 day on which the applicant or owner pays the fee, the county shall no later than 10 days after
943 the day on which the request is received provide or commit to provide within a specific time:
944 (i) for each fee, any studies, reports, or methods relied upon by the county to create the
945 calculation method described in Subsection (5)(a);
946 (ii) an accounting of each fee paid;
947 (iii) how each fee will be distributed; and
948 (iv) information on filing a fee appeal through the process described in Subsection
949 (5)(c).
950 (c) A county shall establish a fee appeal process subject to an appeal authority
951 described in Part 7, Appeal Authority and Variances, and district court review in accordance
952 with Part 8, District Court Review, to determine whether a fee reflects only the reasonable
953 estimated cost of:
954 (i) regulation;
955 (ii) processing an application;
956 (iii) issuing a permit; or
957 (iv) delivering the service for which the applicant or owner paid the fee.
958 (6) A county may not impose on or collect from a public agency any fee associated
959 with the public agency's development of its land other than:
960 (a) subject to Subsection (4), a fee for a development service that the public agency
961 does not itself provide;
962 (b) subject to Subsection (3), a hookup fee; and
963 (c) an impact fee for a public facility listed in Subsection 11-36a-102 [
964 (c), (d), (e), or (g), subject to any applicable credit under Subsection 11-36a-402 (2).
965 (7) A provider of culinary or secondary water that commits to provide a water service
966 required by a land use application process is subject to the following as if it were a county:
967 (a) Subsections (5) and (6);
968 (b) Section 17-27a-507 ; and
969 (c) Section 17-27a-509.5 .
970 Section 16. Section 17B-1-118 is amended to read:
971 17B-1-118. Local district hookup fee -- Preliminary design or site plan from a
972 specified public agency.
973 (1) As used in this section:
974 (a) "Hookup fee" means a fee for the installation and inspection of any pipe, line,
975 meter, or appurtenance to connect to a local district water, sewer, storm water, power, or other
976 utility system.
977 (b) "Impact fee" has the same meaning as defined in Section 11-36a-102 .
978 (c) "Specified public agency" means:
979 (i) the state;
980 (ii) a school district; or
981 (iii) a charter school.
982 (d) "State" includes any department, division, or agency of the state.
983 (2) A local district may not impose or collect a hookup fee that exceeds the reasonable
984 cost of installing and inspecting the pipe, line, meter, or appurtenance to connect to the local
985 district water, sewer, storm water, power, or other utility system.
986 (3) (a) A specified public agency intending to develop its land shall submit a
987 development plan and schedule to each local district from which the specified public agency
988 anticipates the development will receive service:
989 (i) as early as practicable in the development process, but no later than the
990 commencement of construction; and
991 (ii) with sufficient detail to enable the local district to assess:
992 (A) the demand for public facilities listed in Subsections 11-36a-102 [
993 (c), (d), (e), and (g) caused by the development;
994 (B) the amount of any hookup fees, or impact fees or substantive equivalent;
995 (C) any credit against an impact fee; and
996 (D) the potential for waiving an impact fee.
997 (b) The local district shall respond to a specified public agency's submission under
998 Subsection (3)(a) with reasonable promptness in order to allow the specified public agency to
999 consider information the local district provides under Subsection (3)(a)(ii) in the process of
1000 preparing the budget for the development.
1001 (4) Upon a specified public agency's submission of a development plan and schedule as
1002 required in Subsection (3) that complies with the requirements of that subsection, the specified
1003 public agency vests in the local district's hookup fees and impact fees in effect on the date of
1004 submission.
Legislative Review Note
as of 1-16-12 3:22 PM