17B-1-118 - Local district hookup fee -- Preliminary design or site plan from a specified public agency.

17B-1-118. Local district hookup fee -- Preliminary design or site plan from aspecified public agency.
(1) As used in this section:
(a) "Hookup fee" means a fee for the installation and inspection of any pipe, line, meter,or appurtenance to connect to a local district water, sewer, storm water, power, or other utilitysystem.
(b) "Impact fee" has the same meaning as defined in Section 11-36-102.
(c) "Specified public agency" means:
(i) the state;
(ii) a school district; or
(iii) a charter school.
(d) "State" includes any department, division, or agency of the state.
(2) A local district may not impose or collect a hookup fee that exceeds the reasonablecost of installing and inspecting the pipe, line, meter, or appurtenance to connect to the localdistrict water, sewer, storm water, power, or other utility system.
(3) (a) A specified public agency intending to develop its land shall submit adevelopment plan and schedule to each local district from which the specified public agencyanticipates the development will receive service:
(i) as early as practicable in the development process, but no later than thecommencement of construction; and
(ii) with sufficient detail to enable the local district to assess:
(A) the demand for public facilities listed in Subsections 11-36-102(14)(a), (b), (c), (d),(e), and (g) caused by the development;
(B) the amount of any hookup fees, or impact fees or substantive equivalent;
(C) any credit against an impact fee; and
(D) the potential for waiving an impact fee.
(b) The local district shall respond to a specified public agency's submission underSubsection (3)(a) with reasonable promptness in order to allow the specified public agency toconsider information the local district provides under Subsection (3)(a)(ii) in the process ofpreparing the budget for the development.
(4) Upon a specified public agency's submission of a development plan and schedule asrequired in Subsection (3) that complies with the requirements of that subsection, the specifiedpublic agency vests in the local district's hookup fees and impact fees in effect on the date ofsubmission.

Amended by Chapter 203, 2010 General Session