11-36-102 (Effective 05/11/11) - Definitions.
11-36-102 (Effective 05/11/11). Definitions.
As used in this chapter:
(1) "Building permit fee" means the fees charged to enforce the uniform codes adoptedpursuant to Title 58, Chapter 56, Utah Uniform Building Standards Act, that are not greater thanthe fees indicated in the appendix to the International Building Code.
(2) "Capital facilities plan" means the plan required by Section 11-36-201.
(3) "Charter school" includes:
(a) an operating charter school;
(b) an applicant for a charter school whose application has been approved by a charteringentity as provided in Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act; and
(c) an entity that is working on behalf of a charter school or approved charter applicant todevelop or construct a charter school building.
(4) "Development activity" means any construction or expansion of a building, structure,or use, any change in use of a building or structure, or any changes in the use of land that createsadditional demand and need for public facilities.
(5) "Development approval" means:
(a) except as provided in Subsection (5)(b), any written authorization from a localpolitical subdivision that authorizes the commencement of development activity;
(b) development activity, for a public entity that may develop without writtenauthorization from a local political subdivision;
(c) a written agreement between a local political subdivision and a public water supplier,as defined in Section 73-1-4, or a private water company:
(i) to reserve:
(A) a water right;
(B) system capacity; or
(C) a distribution facility; or
(ii) to deliver for new development:
(A) culinary water; or
(B) irrigation water; or
(d) a written agreement between a local political subdivision and a sanitary sewerauthority, as defined in Section 10-9a-103:
(i) to reserve:
(A) sewer collection capacity; or
(B) treatment capacity; or
(ii) to provide sewer service for a new development.
(6) "Enactment" means:
(a) a municipal ordinance, for a municipality;
(b) a county ordinance, for a county; and
(c) a governing board resolution, for a local district, special service district, or privateentity.
(7) "Encumber" means:
(a) a pledge to retire a debt; or
(b) an allocation to a current purchase order or contract.
(8) "Hookup fee" means a fee for the installation and inspection of any pipe, line, meter,or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility system of a
municipality, county, local district, special service district, or private entity.
(9) (a) "Impact fee" means a payment of money imposed upon new development activityas a condition of development approval to mitigate the impact of the new development on publicfacilities.
(b) "Impact fee" does not mean a tax, a special assessment, a building permit fee, ahookup fee, a fee for project improvements, or other reasonable permit or application fee.
(10) (a) "Local political subdivision" means a county, a municipality, a local districtunder Title 17B, Limited Purpose Local Government Entities - Local Districts, or a specialservice district under Title 17D, Chapter 1, Special Service District Act.
(b) "Local political subdivision" does not mean a school district, whose impact feeactivity is governed by Section 53A-20-100.5.
(11) "Private entity" means an entity with private ownership that provides culinary waterthat is required to be used as a condition of development.
(12) (a) "Project improvements" means site improvements and facilities that are:
(i) planned and designed to provide service for development resulting from adevelopment activity;
(ii) necessary for the use and convenience of the occupants or users of developmentresulting from a development activity; and
(iii) not identified or reimbursed as a system improvement.
(b) "Project improvements" does not mean system improvements.
(13) "Proportionate share" means the cost of public facility improvements that areroughly proportionate and reasonably related to the service demands and needs of anydevelopment activity.
(14) "Public facilities" means only the following capital facilities that have a lifeexpectancy of 10 or more years and are owned or operated by or on behalf of a local politicalsubdivision or private entity:
(a) water rights and water supply, treatment, and distribution facilities;
(b) wastewater collection and treatment facilities;
(c) storm water, drainage, and flood control facilities;
(d) municipal power facilities;
(e) roadway facilities;
(f) parks, recreation facilities, open space, and trails; and
(g) public safety facilities.
(15) (a) "Public safety facility" means:
(i) a building constructed or leased to house police, fire, or other public safety entities; or
(ii) a fire suppression vehicle costing in excess of $500,000.
(b) "Public safety facility" does not mean a jail, prison, or other place of involuntaryincarceration.
(16) (a) "Roadway facilities" means streets or roads that have been designated on anofficially adopted subdivision plat, roadway plan, or general plan of a political subdivision,together with all necessary appurtenances.
(b) "Roadway facilities" includes associated improvements to federal or state roadwaysonly when the associated improvements:
(i) are necessitated by the new development; and
(ii) are not funded by the state or federal government.
(c) "Roadway facilities" does not mean federal or state roadways.
(17) (a) "Service area" means a geographic area designated by a local politicalsubdivision on the basis of sound planning or engineering principles in which a defined set ofpublic facilities provide service within the area.
(b) "Service area" may include the entire local political subdivision.
(18) "Specified public agency" means:
(a) the state;
(b) a school district; or
(c) a charter school.
(19) (a) "System improvements" means:
(i) existing public facilities that are:
(A) identified in the impact fee analysis under Section 11-36-201; and
(B) designed to provide services to service areas within the community at large; and
(ii) future public facilities identified in the impact fee analysis under Section 11-36-201that are intended to provide services to service areas within the community at large.
(b) "System improvements" does not mean project improvements.
Amended by Chapter 203, 2010 General Session