Section 205 - Environmental mitigation impact fees.

UT Code § 11-36a-205 (2019) (N/A)
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(1) the local political subdivision has formally agreed to fund a Habitat Conservation Plan to resolve conflicts with the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531, et seq. or other state or federal environmental law or regulation;

(2) the impact fee bears a reasonable relationship to the environmental mitigation required by the Habitat Conservation Plan; and

(3) the legislative body of the local political subdivision adopts an ordinance or resolution: (a) declaring that an impact fee is required to finance the Habitat Conservation Plan; (b) establishing periodic sunset dates for the impact fee; and (c) requiring the legislative body to: (i) review the impact fee on those sunset dates; (ii) determine whether or not the impact fee is still required to finance the Habitat Conservation Plan; and (iii) affirmatively reauthorize the impact fee if the legislative body finds that the impact fee must remain in effect.

(a) declaring that an impact fee is required to finance the Habitat Conservation Plan;

(b) establishing periodic sunset dates for the impact fee; and

(c) requiring the legislative body to: (i) review the impact fee on those sunset dates; (ii) determine whether or not the impact fee is still required to finance the Habitat Conservation Plan; and (iii) affirmatively reauthorize the impact fee if the legislative body finds that the impact fee must remain in effect.

(i) review the impact fee on those sunset dates;

(ii) determine whether or not the impact fee is still required to finance the Habitat Conservation Plan; and

(iii) affirmatively reauthorize the impact fee if the legislative body finds that the impact fee must remain in effect.