United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-904, 1999

Municipal fees for plan review, hookups, land use applications, inspections, and related services are capped at reasonable-cost limits, and the municipality must provide an itemized fee statement on request.

Source excerpt

appealsapplicationsbuilding feesbuilding plan review feesdevelopment servicesdevelopment services feesfee appealsfee capsfee itemizationfee statementsfeesimpact feesinspection feesland use applicationsmunicipal billingmunicipal feesmunicipal water and sewer systemspermitsplan review feesregulatory feesservice chargesutility feesutility hookup fees

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 1999
Dates: Enacted 1999

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Dates: Enacted 1999

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“Municipal fees for plan review, hookups, land use applications, inspections, and related services are capped at reasonable-cost limits, and the municipality must provide an itemized fee statement on request.”

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Limit on fees -- Requirement to itemize fees -- Appeal of fee -- Provider of culinary or secondary water.

Section 10-20-904

Subsection 10-20-904(2)(a)(ii)

Thirty percent of the fee otherwise imposed and collected under Subsection (1).

Section 10-20-904(2)(a)(ii)

Subsection 10-20-904(5)(a)

If an applicant charged a fee, or a residential property owner subject to a fee, asks for it, the municipality must provide an itemized fee statement showing how each fee was calculated.

Section 10-20-904(5)(a)

Subsection 10-20-904(5)(c)(i)

regulation;

Section 10-20-904(5)(c)(i)

Subsection 10-20-904(6)(c)

an impact fee for a public facility listed in Subsection 11-36a-102(17)(a) , (b) , (c) , (d) , (e) , or (g) , subject to any applicable credit under Subsection 11-36a-402(2) .

Section 10-20-904(6)(c)

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Source record from le.utah.gov · Enacted 1999

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Showing 30 of 30 provisions

Provision 30

Part 10-20-9

part 10-20-9 Administration of Land Use, Development, and Management Provisions

§ 10-20-904Limit on fees -- Requirement to itemize fees -- Appeal of fee -- Provider of culinary or secondary water.Provision

Source excerpt

Limit on fees -- Requirement to itemize fees -- Appeal of fee -- Provider of culinary or secondary water. A municipality may impose or collect a fee for reviewing or approving the plans for a commercial or residential building, not to exceed the lesser of: the actual cost of performing the plan review; and 65% of the amount the municipality charges for a building permit fee for that building. Subject to Subsection (2)(b) , a municipality may impose and collect a fee for reviewing and approving identical plans, as described in Section 10-20-908 , not to exceed the lesser of: the actual cost of performing the plan review; or 30% of the fee that would be imposed and collected under Subsection (1) . A municipality may impose and collect a fee for reviewing an original plan, as defined in Section 10-20-908 , that an applicant submits with the intent that the original plan be used as the basis for a future identical plan submission, the same as any other plan review fee under Subsection (1) . A municipality may not impose or collect a hookup fee that exceeds the reasonable cost of installing and inspecting the pipe, line, meter, and appurtenance to connect to the municipal water, sewer, storm water, power, or other utility system. A municipality may not impose or collect: a land use application fee that exceeds the reasonable cost of processing the application or issuing the permit; an inspection, regulation, or review fee that exceeds the reasonable cost of performing the inspection, regulation, or review; or an inspection fee on a qualified water conservancy district, as defined in Section 17B-2a-1010 , that hires a qualified inspector to conduct inspections on new infrastructure. If requested by an applicant who is charged a fee or an owner of residential property upon which a fee is imposed, the municipality shall provide an itemized fee statement that shows the calculation method for each fee. If an applicant who is charged a fee or an owner of residential property upon which a fee is imposed submits a request for an itemized fee statement no later than 30 days after the day on which the applicant or owner pays the fee, the municipality shall no later than 10 days after the day on which the request is received provide or commit to provide within a specific time: for each fee, any studies, reports, or methods relied upon by the municipality to create the calculation method described in Subsection (5)(a) ; an accounting of each fee paid; how each fee will be distributed; and information on filing a fee appeal through the process described in Subsection (5)(c) . A municipality shall establish a fee appeal process subject to an appeal authority described in Part 11, Appeal Authority, Variances, and District Court Review, and district court review in accordance with Part 11, Appeal Authority, Variances, and District Court Review, to determine whether a fee reflects only the reasonable estimated cost of: regulation; processing an application; issuing a permit; or delivering the service for which the applicant or owner paid the fee. A municipality may not impose on or collect from a public agency any fee associated with the public agency's development of its land other than: subject to Subsection (4) , a fee for a development service that the public agency does not itself provide; subject to Subsection (3) , a hookup fee; and an impact fee for a public facility listed in Subsection 11-36a-102(17)(a) , (b) , (c) , (d) , (e) , or (g) , subject to any applicable credit under Subsection 11-36a-402(2) .

Section 10-20-904Verify source

§ 10-20-904(1)Subsection 10-20-904(1)Provision

Source excerpt

A municipality may charge a fee to review or approve plans for a commercial or residential building, but the fee cannot exceed the lesser of the plan review’s actual cost or 65% of the building permit fee.

A municipality may impose or collect a fee for reviewing or approving the plans for a commercial or residential building, not to exceed the lesser of: the actual cost of performing the plan review; and 65% of the amount the municipality charges for a building permit fee for that building.

Section 10-20-904(1)Verify source

§ 10-20-904(1)(a)Subsection 10-20-904(1)(a)Provision

Source excerpt

Refers to the actual cost of performing the plan review.

the actual cost of performing the plan review; and

Section 10-20-904(1)(a)Verify source

§ 10-20-904(1)(b)Subsection 10-20-904(1)(b)Provision

Source excerpt

The amount is 65% of the building permit fee the municipality charges for that building.

65% of the amount the municipality charges for a building permit fee for that building.

Section 10-20-904(1)(b)Verify source

§ 10-20-904(2)Subsection 10-20-904(2)Provision

Source excerpt

Subject to Subsection (2)(b) , a municipality may impose and collect a fee for reviewing and approving identical plans, as described in Section 10-20-908 , not to exceed the lesser of: the actual cost of performing the plan review; or 30% of the fee that would be imposed and collected under Subsection (1) . A municipality may impose and collect a fee for reviewing an original plan, as defined in Section 10-20-908 , that an applicant submits with the intent that the original plan be used as the basis for a future identical plan submission, the same as any other plan review fee under Subsection (1) .

Section 10-20-904(2)Verify source

§ 10-20-904(2)(a)Subsection 10-20-904(2)(a)Provision

Source excerpt

Section 10-20-904(2)(a)Verify source

§ 10-20-904(2)(a)(i)Subsection 10-20-904(2)(a)(i)Provision

Source excerpt

the actual cost of performing the plan review; or

Section 10-20-904(2)(a)(i)Verify source

§ 10-20-904(2)(a)(ii)Subsection 10-20-904(2)(a)(ii)Provision

Source excerpt

Thirty percent of the fee otherwise imposed and collected under Subsection (1).

30% of the fee that would be imposed and collected under Subsection (1) .

Section 10-20-904(2)(a)(ii)Verify source

§ 10-20-904(2)(b)Subsection 10-20-904(2)(b)Provision

Source excerpt

A municipality may charge and collect a fee to review an original plan in this specific reuse scenario.

A municipality may impose and collect a fee for reviewing an original plan, as defined in Section 10-20-908 , that an applicant submits with the intent that the original plan be used as the basis for a future identical plan submission, the same as any other plan review fee under Subsection (1) .

Section 10-20-904(2)(b)Verify source

§ 10-20-904(3)Subsection 10-20-904(3)Provision

Source excerpt

A municipality may not charge a hookup fee above the reasonable cost of installing and inspecting the connection components.

A municipality may not impose or collect a hookup fee that exceeds the reasonable cost of installing and inspecting the pipe, line, meter, and appurtenance to connect to the municipal water, sewer, storm water, power, or other utility system.

Section 10-20-904(3)Verify source

§ 10-20-904(4)Subsection 10-20-904(4)Provision

Source excerpt

A municipality may not charge land use application fees, inspection/regulation/review fees, or certain inspection fees above reasonable cost.

A municipality may not impose or collect: a land use application fee that exceeds the reasonable cost of processing the application or issuing the permit; an inspection, regulation, or review fee that exceeds the reasonable cost of performing the inspection, regulation, or review; or an inspection fee on a qualified water conservancy district, as defined in Section 17B-2a-1010 , that hires a qualified inspector to conduct inspections on new infrastructure.

Section 10-20-904(4)Verify source

§ 10-20-904(4)(a)Subsection 10-20-904(4)(a)Provision

Source excerpt

a land use application fee that exceeds the reasonable cost of processing the application or issuing the permit;

Section 10-20-904(4)(a)Verify source

§ 10-20-904(4)(b)Subsection 10-20-904(4)(b)Provision

Source excerpt

A fee for inspection, regulation, or review may not exceed the reasonable cost of performing that inspection, regulation, or review.

an inspection, regulation, or review fee that exceeds the reasonable cost of performing the inspection, regulation, or review; or

Section 10-20-904(4)(b)Verify source

§ 10-20-904(4)(c)Subsection 10-20-904(4)(c)Provision

Source excerpt

an inspection fee on a qualified water conservancy district, as defined in Section 17B-2a-1010 , that hires a qualified inspector to conduct inspections on new infrastructure.

Section 10-20-904(4)(c)Verify source

§ 10-20-904(5)Subsection 10-20-904(5)Provision

Source excerpt

A municipality must provide an itemized fee statement on request, and in some cases must provide related supporting information within 10 days of receiving the request.

If requested by an applicant who is charged a fee or an owner of residential property upon which a fee is imposed, the municipality shall provide an itemized fee statement that shows the calculation method for each fee. If an applicant who is charged a fee or an owner of residential property upon which a fee is imposed submits a request for an itemized fee statement no later than 30 days after the day on which the applicant or owner pays the fee, the municipality shall no later than 10 days after the day on which the request is received provide or commit to provide within a specific time: for each fee, any studies, reports, or methods relied upon by the municipality to create the calculation method described in Subsection (5)(a) ; an accounting of each fee paid; how each fee will be distributed; and information on filing a fee appeal through the process described in Subsection (5)(c) . A municipality shall establish a fee appeal process subject to an appeal authority described in Part 11, Appeal Authority, Variances, and District Court Review, and district court review in accordance with Part 11, Appeal Authority, Variances, and District Court Review, to determine whether a fee reflects only the reasonable estimated cost of: regulation; processing an application; issuing a permit; or delivering the service for which the applicant or owner paid the fee.

Section 10-20-904(5)Verify source

§ 10-20-904(5)(a)Subsection 10-20-904(5)(a)Provision

Source excerpt

If an applicant charged a fee, or a residential property owner subject to a fee, asks for it, the municipality must provide an itemized fee statement showing how each fee was calculated.

Section 10-20-904(5)(a)Verify source

§ 10-20-904(5)(b)Subsection 10-20-904(5)(b)Provision

Source excerpt

If an applicant who is charged a fee or an owner of residential property upon which a fee is imposed submits a request for an itemized fee statement no later than 30 days after the day on which the applicant or owner pays the fee, the municipality shall no later than 10 days after the day on which the request is received provide or commit to provide within a specific time: for each fee, any studies, reports, or methods relied upon by the municipality to create the calculation method described in Subsection (5)(a) ; an accounting of each fee paid; how each fee will be distributed; and information on filing a fee appeal through the process described in Subsection (5)(c) .

Section 10-20-904(5)(b)Verify source

§ 10-20-904(5)(b)(i)Subsection 10-20-904(5)(b)(i)Provision

Source excerpt

for each fee, any studies, reports, or methods relied upon by the municipality to create the calculation method described in Subsection (5)(a) ;

Section 10-20-904(5)(b)(i)Verify source

§ 10-20-904(5)(b)(ii)Subsection 10-20-904(5)(b)(ii)Provision

Source excerpt

An accounting of each fee paid.

an accounting of each fee paid;

Section 10-20-904(5)(b)(ii)Verify source

§ 10-20-904(5)(b)(iii)Subsection 10-20-904(5)(b)(iii)Provision

Source excerpt

how each fee will be distributed; and

Section 10-20-904(5)(b)(iii)Verify source

§ 10-20-904(5)(b)(iv)Subsection 10-20-904(5)(b)(iv)Provision

Source excerpt

information on filing a fee appeal through the process described in Subsection (5)(c) .

Section 10-20-904(5)(b)(iv)Verify source

§ 10-20-904(5)(c)Subsection 10-20-904(5)(c)Provision

Source excerpt

A municipality must establish a fee appeal process.

A municipality shall establish a fee appeal process subject to an appeal authority described in Part 11, Appeal Authority, Variances, and District Court Review, and district court review in accordance with Part 11, Appeal Authority, Variances, and District Court Review, to determine whether a fee reflects only the reasonable estimated cost of: regulation; processing an application; issuing a permit; or delivering the service for which the applicant or owner paid the fee.

Section 10-20-904(5)(c)Verify source

§ 10-20-904(5)(c)(i)Subsection 10-20-904(5)(c)(i)Provision

Source excerpt

regulation;

Section 10-20-904(5)(c)(i)Verify source

§ 10-20-904(5)(c)(ii)Subsection 10-20-904(5)(c)(ii)Provision

Source excerpt

processing an application;

Section 10-20-904(5)(c)(ii)Verify source

§ 10-20-904(5)(c)(iii)Subsection 10-20-904(5)(c)(iii)Provision

Source excerpt

issuing a permit; or

Section 10-20-904(5)(c)(iii)Verify source

§ 10-20-904(5)(c)(iv)Subsection 10-20-904(5)(c)(iv)Provision

Source excerpt

delivering the service for which the applicant or owner paid the fee.

Section 10-20-904(5)(c)(iv)Verify source

§ 10-20-904(6)Subsection 10-20-904(6)Provision

Source excerpt

A municipality may not charge a public agency fees tied to the agency’s development of its land, except for specified development-service, hookup, and certain impact fees.

A municipality may not impose on or collect from a public agency any fee associated with the public agency's development of its land other than: subject to Subsection (4) , a fee for a development service that the public agency does not itself provide; subject to Subsection (3) , a hookup fee; and an impact fee for a public facility listed in Subsection 11-36a-102(17)(a) , (b) , (c) , (d) , (e) , or (g) , subject to any applicable credit under Subsection 11-36a-402(2) .

Section 10-20-904(6)Verify source

§ 10-20-904(6)(a)Subsection 10-20-904(6)(a)Provision

Source excerpt

Subject to Subsection (4), a fee may be charged for a development service the public agency does not itself provide.

subject to Subsection (4) , a fee for a development service that the public agency does not itself provide;

Section 10-20-904(6)(a)Verify source

§ 10-20-904(6)(b)Subsection 10-20-904(6)(b)Provision

Source excerpt

subject to Subsection (3) , a hookup fee; and

Section 10-20-904(6)(b)Verify source

§ 10-20-904(6)(c)Subsection 10-20-904(6)(c)Provision

Source excerpt

an impact fee for a public facility listed in Subsection 11-36a-102(17)(a) , (b) , (c) , (d) , (e) , or (g) , subject to any applicable credit under Subsection 11-36a-402(2) .

Section 10-20-904(6)(c)Verify source

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Utah Code § 10-20-904, 1999

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