(1) A local political subdivision or private entity may include a provision in an impact fee enactment that:
(a) provides an impact fee exemption for:
(i) development activity attributable to:
- (A) low income housing;
- (B) the state;
- (C) subject to Subsection (2), a school district; or
- (D) subject to Subsection (2), a charter school; or
- (ii) other development activity with a broad public purpose; and
- (b) except for an exemption under Subsection (1)(a)(i)(A), establishes one or more sources of funds other than impact fees to pay for that development activity.
- (2) An impact fee enactment that provides an impact fee exemption for development activity attributable to a school district or charter school shall allow either a school district or a charter school to qualify for the exemption on the same basis.
- (3) An impact fee enactment that repeals or suspends the collection of impact fees is exempt from the notice requirements of Section 11-36a-504.
Enacted by Chapter 47, 2011 General Session