10-9a-510 - Limit on fees -- Requirement to itemize fees.
10-9a-510. Limit on fees -- Requirement to itemize fees.
(1) A municipality may not impose or collect a fee for reviewing or approving the plansfor a commercial or residential building that exceeds the lesser of:
(a) the actual cost of performing the plan review; and
(b) 65% of the amount the municipality charges for a building permit fee for thatbuilding.
(2) Subject to Subsection (1), a municipality may impose and collect only a nominal feefor reviewing and approving identical plans.
(3) A municipality may not impose or collect a hookup fee that exceeds the reasonablecost of installing and inspecting the pipe, line, meter, and appurtenance to connect to themunicipal water, sewer, storm water, power, or other utility system.
(4) A municipality may not impose or collect:
(a) a land use application fee that exceeds the reasonable cost of processing theapplication; or
(b) an inspection or review fee that exceeds the reasonable cost of performing theinspection or review.
(5) Upon the request of an applicant or an owner of residential property, the municipalityshall itemize each fee that the municipality imposes on the applicant or on the residentialproperty, respectively, showing the basis of each calculation for each fee imposed.
(6) A municipality may not impose on or collect from a public agency any fee associatedwith the public agency's development of its land other than:
(a) subject to Subsection (4), a fee for a development service that the public agency doesnot itself provide;
(b) subject to Subsection (3), a hookup fee; and
(c) an impact fee for a public facility listed in Subsection 11-36-102(14)(a), (b), (c), (d),(e), or (g), subject to any applicable credit under Subsection 11-36-202(2)(b).
Amended by Chapter 203, 2010 General Session