Title 36, Chapter 71, Section 3
( 36-71-3)
(a) Municipalities and counties which have adopted a comprehensive
plan containing a capital improvements element are authorized to
impose by ordinance development impact fees as a condition of
development approval on all development pursuant to and in
accordance with the provisions of this chapter. After the
transition period provided in this chapter, development exactions
for other than project improvements shall be imposed by
municipalities and counties only by way of development impact fees
imposed pursuant to and in accordance with the provisions of this
chapter. (b) Notwithstanding any other provision of this chapter, that
portion of a project for which a valid building permit has been
issued prior to the effective date of a municipal or county
development impact fee ordinance shall not be subject to development
impact fees so long as the building permit remains valid and
construction is commenced and is pursued according to the terms of
the permit. (c) Payment of a development impact fee shall be deemed to be in
compliance with any municipal or county requirement for the
provision of adequate public facilities or services in regard to the
system improvements for which the development impact fee was paid. |