reglab/housing_qa huggingface dataset:
UT Code § 11-36a-304 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 3 - Establishing an Impact Fee|Section 304 - Impact fee analysis requirements.

11-36a-304. Impact fee analysis requirements.    (1) An impact fee analysis shall:   (a) identify the anticipated impact on or consumption of any existing capacity of a public facility by the anticipated development activity;     (b) identify the anticipated impact on system improvements required by the anticipated development activity to maintain the established level of service for each public facility;     (c) subject to Subsection (2), demonstrate how the anticipated impacts described in Subsections (1)(a) and (b) are reasonably related to the anticipated development activity;     (d) estimate the proportionate share of:   (i) the costs for existing capacity that will be recouped; and     (ii) the costs of impacts on system improvements that are reasonably related to the new development activity; and       (e) based on the requirements of this chapter, identify how the impact fee was calculated.       (2) 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 or private entity, as the case may be, shall identify, if applicable:   (a) the cost of each existing public facility that has excess capacity to serve the anticipated development resulting from the new development activity;     (b) the cost of system improvements for each public facility;     (c) other than impact fees, the manner of financing for each public facility, such as user charges, special assessments, bonded indebtedness, general taxes, or federal grants;     (d) the relative extent to which development activity will contribute to financing the excess capacity of and system improvements for each existing public facility, by such means as user charges, special assessments, or payment from the proceeds of general taxes;     (e) the relative extent to which development activity will contribute to the cost of existing public facilities and system improvements in the future;     (f) the extent to which the development activity is entitled to a credit against impact fees because the development activity will dedicate system improvements or public facilities that will offset the demand for system improvements, inside or outside the proposed development;     (g) extraordinary costs, if any, in servicing the newly developed properties; and     (h) the time-price differential inherent in fair comparisons of amounts paid at different times.      Enacted by Chapter 47, 2011 General Session
UT Code § 11-36a-305 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 3 - Establishing an Impact Fee|Section 305 - Calculating impact fees.

 Effective 5/5/2021  11-36a-305. Calculating impact fees.    (1) In calculating an impact fee, a local political subdivision or private entity may include:   (a) the construction contract price;     (b) the cost of acquiring land, improvements, materials, and fixtures;     (c) for services provided for and directly related to the construction of the system improvements, the cost for planning and surveying, and engineering fees;     (d) for a political subdivision, debt service charges, if the political subdivision might use impact fees as a revenue stream to pay the principal and interest on bonds, notes, or other obligations issued to finance the costs of the system improvements; and     (e) one or more expenses for overhead.       (2) In calculating an impact fee, each local political subdivision or private entity shall base amounts calculated under Subsection (1) on realistic estimates, and the assumptions underlying those estimates shall be disclosed in the impact fee analysis.    Amended by Chapter 35, 2021 General Session
UT Code § 11-36a-306 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 3 - Establishing an Impact Fee|Section 306 - Certification of impact fee analysis.

 Effective 5/5/2021  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; or 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; and3. 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; or 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;3. offsets costs with grants or other alternate sources of payment; and4. complies in each and every relevant respect with the Impact Fees Act."    Amended by Chapter 35, 2021 General Session
UT Code § 11-36a-401 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 4 - Enactment of Impact Fees|Section 401 - Impact fee enactment.

11-36a-401. Impact fee enactment.    (1)   (a) A local political subdivision or private entity wishing to impose impact fees shall pass an impact fee enactment in accordance with Section 11-36a-402.     (b) An impact fee imposed by an impact fee enactment may not exceed the highest fee justified by the impact fee analysis.       (2) An impact fee enactment may not take effect until 90 days after the day on which the impact fee enactment is approved.    Enacted by Chapter 47, 2011 General Session
UT Code § 11-36a-402 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 4 - Enactment of Impact Fees|Section 402 - Required provisions of impact fee enactment.

11-36a-402. Required provisions of impact fee enactment.    (1) A local political subdivision or private entity shall ensure, in addition to the requirements described in Subsections (2) and (3), that an impact fee enactment contains:   (a) a provision establishing one or more service areas within which the local political subdivision or private entity calculates and imposes impact fees for various land use categories;     (b)   (i) a schedule of impact fees for each type of development activity that specifies the amount of the impact fee to be imposed for each type of system improvement; or     (ii) the formula that the local political subdivision or private entity, as the case may be, will use to calculate each impact fee;       (c) a provision authorizing the local political subdivision or private entity, as the case may be, to adjust the standard impact fee at the time the fee is charged to:   (i) respond to:   (A) unusual circumstances in specific cases; or     (B) a request for a prompt and individualized impact fee review for the development activity of the state, a school district, or a charter school and an offset or credit for a public facility for which an impact fee has been or will be collected; and       (ii) ensure that the impact fees are imposed fairly; and       (d) a provision governing calculation of the amount of the impact fee to be imposed on a particular development that permits adjustment of the amount of the impact fee based upon studies and data submitted by the developer.       (2) A local political subdivision or private entity shall ensure that an impact fee enactment allows a developer, including a school district or a charter school, to receive a credit against or proportionate reimbursement of an impact fee if the developer:   (a) dedicates land for a system improvement;     (b) builds and dedicates some or all of a system improvement; or     (c) dedicates a public facility that the local political subdivision or private entity and the developer agree will reduce the need for a system improvement.       (3) A local political subdivision or private entity shall include a provision in an impact fee enactment that requires a credit against impact fees for any dedication of land for, improvement to, or new construction of, any system improvements provided by the developer if the facilities:   (a) are system improvements; or     (b)   (i) are dedicated to the public; and     (ii) offset the need for an identified system improvement.        Enacted by Chapter 47, 2011 General Session
UT Code § 11-36a-403 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 4 - Enactment of Impact Fees|Section 403 - Other provisions of impact fee enactment.

11-36a-403. Other provisions of impact fee enactment.    (1) A local political subdivision or private entity may include a provision in an impact fee enactment that:   (a) provides an impact fee exemption for:   (i) development activity attributable to:   (A) low income housing;     (B) the state;     (C) subject to Subsection (2), a school district; or     (D) subject to Subsection (2), a charter school; or       (ii) other development activity with a broad public purpose; and       (b) except for an exemption under Subsection (1)(a)(i)(A), establishes one or more sources of funds other than impact fees to pay for that development activity.       (2) An impact fee enactment that provides an impact fee exemption for development activity attributable to a school district or charter school shall allow either a school district or a charter school to qualify for the exemption on the same basis.     (3) An impact fee enactment that repeals or suspends the collection of impact fees is exempt from the notice requirements of Section 11-36a-504.    Enacted by Chapter 47, 2011 General Session
UT Code § 11-36a-501 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 5 - Notice|Section 501 - Notice of intent to prepare an impact fee facilities plan.

 Effective 7/1/2021  11-36a-501. Notice of intent to prepare an impact fee facilities plan.    (1) Before preparing or amending an impact fee facilities plan, a local political subdivision or private entity shall provide written notice of its intent to prepare or amend an impact fee facilities plan.     (2) A notice required under Subsection (1) shall:   (a) indicate that the local political subdivision or private entity intends to prepare or amend an impact fee facilities plan;     (b) describe or provide a map of the geographic area where the proposed impact fee facilities will be located; and     (c) subject to Subsection (3), be posted on the Utah Public Notice Website created under Section 63A-16-601.       (3) For a private entity required to post notice on the Utah Public Notice Website under Subsection (2)(c):   (a) the private entity shall give notice to the general purpose local government in which the private entity's private business office is located; and     (b) the general purpose local government described in Subsection (3)(a) shall post the notice on the Utah Public Notice Website.      Amended by Chapter 84, 2021 General SessionAmended by Chapter 344, 2021 General Session
UT Code § 11-36a-502 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 5 - Notice|Section 502 - Notice to adopt or amend an impact fee facilities plan.

11-36a-502. Notice to adopt or amend an impact fee facilities plan.    (1) If a local political subdivision chooses to prepare an independent impact fee facilities plan rather than include an impact fee facilities element in the general plan in accordance with Section 11-36a-301, the local political subdivision shall, before adopting or amending the impact fee facilities plan:   (a) give public notice, in accordance with Subsection (2), of the plan or amendment at least 10 days before the day on which the public hearing described in Subsection (1)(d) is scheduled;     (b) make a copy of the plan or amendment, together with a summary designed to be understood by a lay person, available to the public;     (c) place a copy of the plan or amendment and summary in each public library within the local political subdivision; and     (d) hold a public hearing to hear public comment on the plan or amendment.       (2) With respect to the public notice required under Subsection (1)(a):   (a) each municipality shall comply with the notice and hearing requirements of, and, except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Sections 10-9a-205 and 10-9a-801 and Subsection 10-9a-502(2);     (b) each county shall comply with the notice and hearing requirements of, and, except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Sections 17-27a-205 and 17-27a-801 and Subsection 17-27a-502(2); and     (c) each local district, special service district, and private entity shall comply with the notice and hearing requirements of, and receive the protections of, Section 17B-1-111.       (3) Nothing contained in this section or Section 11-36a-503 may be construed to require involvement by a planning commission in the impact fee facilities planning process.    Enacted by Chapter 47, 2011 General Session
UT Code § 11-36a-503 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 5 - Notice|Section 503 - Notice of preparation of an impact fee analysis.

 Effective 7/1/2021  11-36a-503. Notice of preparation of an impact fee analysis.    (1) Before preparing or contracting to prepare an impact fee analysis, each local political subdivision or, subject to Subsection (2), private entity shall post a public notice on the Utah Public Notice Website created under Section 63A-16-601.     (2) For a private entity required to post notice on the Utah Public Notice Website under Subsection (1):   (a) the private entity shall give notice to the general purpose local government in which the private entity's primary business is located; and     (b) the general purpose local government described in Subsection (2)(a) shall post the notice on the Utah Public Notice Website.      Amended by Chapter 84, 2021 General SessionAmended by Chapter 345, 2021 General Session
UT Code § 11-36a-504 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 5 - Notice|Section 504 - Notice of intent to adopt impact fee enactment -- Hearing -- Protections.

 Effective 7/1/2021  11-36a-504. Notice of intent to adopt impact fee enactment -- Hearing -- Protections.    (1) Before adopting an impact fee enactment:   (a) a municipality legislative body shall:   (i) comply with the notice requirements of Section 10-9a-205 as if the impact fee enactment were a land use regulation;     (ii) hold a hearing in accordance with Section 10-9a-502 as if the impact fee enactment were a land use regulation; and     (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Section 10-9a-801 as if the impact fee were a land use regulation;       (b) a county legislative body shall:   (i) comply with the notice requirements of Section 17-27a-205 as if the impact fee enactment were a land use regulation;     (ii) hold a hearing in accordance with Section 17-27a-502 as if the impact fee enactment were a land use regulation; and     (iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Section 17-27a-801 as if the impact fee were a land use regulation;       (c) a local district or special service district shall:   (i) comply with the notice and hearing requirements of Section 17B-1-111; and     (ii) receive the protections of Section 17B-1-111;       (d) a local political subdivision shall at least 10 days before the day on which a public hearing is scheduled in accordance with this section:   (i) make a copy of the impact fee enactment available to the public; and     (ii) post notice of the local political subdivision's intent to enact or modify the impact fee, specifying the type of impact fee being enacted or modified, on the Utah Public Notice Website created under Section 63A-16-601; and       (e) a local political subdivision shall submit a copy of the impact fee analysis and a copy of the summary of the impact fee analysis prepared in accordance with Section 11-36a-303 on its website or to each public library within the local political subdivision.       (2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning commission in the impact fee enactment process.    Amended by Chapter 84, 2021 General SessionAmended by Chapter 345, 2021 General Session
UT Code § 11-36a-601 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 6 - Impact Fee Proceeds|Section 601 - Accounting of impact fees.

 Effective 5/9/2017  11-36a-601. Accounting of impact fees.  A local political subdivision that collects an impact fee shall:  (1) establish a separate interest bearing ledger account for each type of public facility for which an impact fee is collected;     (2) deposit a receipt for an impact fee in the appropriate ledger account established under Subsection (1);     (3) retain the interest earned on each fund or ledger account in the fund or ledger account;     (4) at the end of each fiscal year, prepare a report that:   (a) for each fund or ledger account, shows:   (i) the source and amount of all money collected, earned, and received by the fund or ledger account during the fiscal year; and     (ii) each expenditure from the fund or ledger account;       (b) accounts for all impact fee funds that the local political subdivision has on hand at the end of the fiscal year;      (c) identifies the impact fee funds described in Subsection (4)(b) by:   (i) the year in which the impact fee funds were received;     (ii) the project from which the impact fee funds were collected;     (iii) the project for which the impact fee funds are budgeted; and     (iv) the projected schedule for expenditure; and       (d) is:   (i) in a format developed by the state auditor;     (ii) certified by the local political subdivision's chief financial officer; and     (iii) transmitted to the state auditor within 180 days after the day on which the fiscal year ends.        Amended by Chapter 394, 2017 General Session
UT Code § 11-36a-602 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 6 - Impact Fee Proceeds|Section 602 - Expenditure of impact fees.

 Effective 5/9/2017  11-36a-602. Expenditure of impact fees.    (1) A local political subdivision may expend impact fees only for a system improvement:   (a) identified in the impact fee facilities plan; and     (b) for the specific public facility type for which the fee was collected.       (2)   (a) Except as provided in Subsection (2)(b), a local political subdivision shall expend or encumber an impact fee collected with respect to a lot:   (i) for a permissible use; and     (ii) within six years after the impact fee with respect to that lot is collected.       (b) A local political subdivision may hold the fees for longer than six years if it identifies, in writing:   (i) an extraordinary and compelling reason why the fees should be held longer than six years; and     (ii) an absolute date by which the fees will be expended.        Amended by Chapter 190, 2017 General Session
UT Code § 11-36a-702 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 7 - Challenges|Section 702 - Time limitations.

 Effective 5/8/2018  11-36a-702. Time limitations.    (1) A person or an entity that initiates a challenge under Subsection 11-36a-701(3)(a) may not initiate that challenge unless it is initiated within:   (a) for a challenge under Subsection 11-36a-701(3)(a)(i)(A), 30 days after the day on which the person or entity pays the impact fee;     (b) for a challenge under Subsection 11-36a-701(3)(a)(i)(B), 180 days after the day on which the person or entity pays the impact fee;     (c) for a challenge under Subsection 11-36a-701(5):   (i) if the local political subdivision has spent or encumbered the impact fee, one year after the expiration of the time specified in Subsection 11-36a-602(2); or     (ii) if the local political subdivision has not yet spent or encumbered the impact fee, two years after the expiration of the time specified in Subsection 11-36a-602(2); or       (d) for a challenge under Subsection 11-36a-701(3)(a)(ii), one year after the day on which the person or entity pays the impact fee.       (2) The deadline to file an action in district court is tolled from the date that a challenge is filed using an administrative appeals procedure described in Section 11-36a-703 until 30 days after the day on which a final decision is rendered in the administrative appeals procedure.    Amended by Chapter 215, 2018 General Session
UT Code § 11-36a-703 (2021)
2021 Utah Code|Title 11 - Cities, Counties, and Local Taxing Units|Chapter 36a - Impact Fees Act|Part 7 - Challenges|Section 703 - Procedures for challenging an impact fee.

11-36a-703. Procedures for challenging an impact fee.    (1)   (a) A local political subdivision may establish, by ordinance or resolution, or a private entity may establish by prior written policy, an administrative appeals procedure to consider and decide a challenge to an impact fee.     (b) If the local political subdivision or private entity establishes an administrative appeals procedure, the local political subdivision shall ensure that the procedure includes a requirement that the local political subdivision make its decision no later than 30 days after the day on which the challenge to the impact fee is filed.       (2) A challenge under Subsection 11-36a-701(3)(a) is initiated by filing:   (a) if the local political subdivision or private entity has established an administrative appeals procedure under Subsection (1), the necessary document, under the administrative appeals procedure, for initiating the administrative appeal;     (b) a request for arbitration as provided in Section 11-36a-705; or     (c) an action in district court.       (3) The sole remedy for a successful challenge under Subsection 11-36a-701(1), which determines that an impact fee process was invalid, or an impact fee is in excess of the fee allowed under this act, is a declaration that, until the local political subdivision or private entity enacts a new impact fee study, from the date of the decision forward, the entity may charge an impact fee only as the court has determined would have been appropriate if it had been properly enacted.     (4) Subsections (2), (3), 11-36a-701(3), and 11-36a-702(1) may not be construed as requiring a person or an entity to exhaust administrative remedies with the local political subdivision before filing an action in district court under Subsections (2), (3), 11-36a-701(3), and 11-36a-702(1).     (5) The judge may award reasonable attorney fees and costs to the prevailing party in an action brought under this section.     (6) This chapter may not be construed as restricting or limiting any rights to challenge impact fees that were paid before the effective date of this chapter.    Amended by Chapter 200, 2013 General Session