Section 306 - Certification of impact fee analysis.

UT Code § 11-36a-306 (2019) (N/A)
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(1) An impact fee facilities plan shall include a written certification from the person or entity that prepares the impact fee facilities plan that states the following:"I certify that the attached impact fee facilities plan: 1. includes only the costs of public facilities that are: a. allowed under the Impact Fees Act; and b. actually incurred; or c. projected to be incurred or encumbered within six years after the day on which each impact fee is paid; 2. does not include: a. costs of operation and maintenance of public facilities; b. costs for qualifying public facilities that will raise the level of service for the facilities, through impact fees, above the level of service that is supported by existing residents; or c. an expense for overhead, unless the expense is calculated pursuant to a methodology that is consistent with generally accepted cost accounting practices and the methodological standards set forth by the federal Office of Management and Budget for federal grant reimbursement; and 3. complies in each and every relevant respect with the Impact Fees Act."

(2) An impact fee analysis shall include a written certification from the person or entity that prepares the impact fee analysis which states as follows:"I certify that the attached impact fee analysis: 1. includes only the costs of public facilities that are: a. allowed under the Impact Fees Act; and b. actually incurred; or c. projected to be incurred or encumbered within six years after the day on which each impact fee is paid; 2. does not include: a. costs of operation and maintenance of public facilities; b. costs for qualifying public facilities that will raise the level of service for the facilities, through impact fees, above the level of service that is supported by existing residents; or c. an expense for overhead, unless the expense is calculated pursuant to a methodology that is consistent with generally accepted cost accounting practices and the methodological standards set forth by the federal Office of Management and Budget for federal grant reimbursement; 3. offsets costs with grants or other alternate sources of payment; and 4. complies in each and every relevant respect with the Impact Fees Act."