11-36-302 - Impact fees -- Expenditure.
11-36-302. Impact fees -- Expenditure.
(1) A local political subdivision may expend impact fees only for a system improvement:
(a) identified in the capital 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 expendor encumber the impact fees for a permissible use within six years of their receipt.
(b) A local political subdivision may hold the fees for longer than six years if itidentifies, in writing:
(i) an extraordinary and compelling reason why the fees should be held longer than sixyears; and
(ii) an absolute date by which the fees will be expended.
Amended by Chapter 181, 2009 General Session