Utah § 36a-302 - Impact fee facilities plan requirements -- Limitations -- School district or charter school.
Full text of Utah Utah Code § 36a-302 — Impact fee facilities plan requirements -- Limitations -- School district or charter school., with citation guidance and answers to common questions.
§ 36a-302. Impact fee facilities plan requirements -- Limitations -- School district or charter school.
Effective 11/6/2025 11-36a-302.
Impact fee facilities plan requirements -- Limitations -- School district or charter school.
(1)
(a)
An impact fee facilities plan shall:
(i)
identify the existing level of service;
(ii)
subject to Subsection (1)(c), establish a proposed level of service;
(iii)
identify any excess capacity to accommodate future growth at the proposed level of service;
(iv)
identify demands placed upon existing public facilities by new development activity at the proposed level of service; and
(v)
identify the means by which the political subdivision or private entity will meet those growth demands.
(b)
A proposed level of service may diminish or equal the existing level of service.
(c)
A proposed level of service may:
(i)
exceed the existing level of service if, independent of the use of impact fees, the political subdivision or private entity provides, implements, and maintains the means to increase the existing level of service for existing demand within six years of the date on which new growth is charged for the proposed level of service; or
(ii)
establish a new public facility if, independent of the use of impact fees, the political subdivision or private entity provides, implements, and maintains the means to increase the existing level of service for existing demand within six years of the date on which new growth is charged for the proposed level of service.
(2)
In preparing an impact fee facilities plan, each local political subdivision shall generally consider all revenue sources to finance the impacts on system improvements, including:
(a)
grants;
(b)
bonds;
(c)
interfund loans;
(d)
impact fees; and
(e)
anticipated or accepted dedications of system improvements.
(3)
A local political subdivision or private entity may only impose impact fees on development activities when the local political subdivision's or private entity's plan for financing system improvements establishes that impact fees are necessary to maintain a proposed level of service that complies with Subsection (1)(b) or (c).
(4)
(a)
Subject to Subsection (4)(c), the impact fee facilities plan shall include a public facility for which an impact fee may be charged or required for a school district or charter school if the local political subdivision is aware of the planned location of the school district facility or charter school:
(i)
through the planning process; or
(ii)
after receiving a written request from a school district or charter school that the public facility be included in the impact fee facilities plan.
(b)
If necessary, a local political subdivision or private entity shall amend the impact fee facilities plan to reflect a public facility described in Subsection (4)(a).
(c)
(i)
In accordance with Sections 10-20-304 and 17-79-305, a local political subdivision may not require a school district or charter school to participate in the cost of any roadway or sidewalk.
(ii)
Notwithstanding Subsection (4)(c)(i), if a school district or charter school agrees to build a roadway or sidewalk, the roadway or sidewalk shall be included in the impact fee facilities plan if the local jurisdiction has an impact fee facilities plan for roads and sidewalks.
Section 36a-302 ("Impact fee facilities plan requirements -- Limitations -- School district or charter school.") 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-302?
A common citation format is "Utah Code § 36a-302" (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-302 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.
