Utah § 36a-402 - Required provisions of impact fee enactment.
Full text of Utah Utah Code § 36a-402 — Required provisions of impact fee enactment., with citation guidance and answers to common questions.
§ 36a-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.
Section 36a-402 ("Required provisions of impact fee enactment.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 36a-402?
A common citation format is "Utah Code § 36a-402" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 36a-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
