§ 11-36a-306. Certification of impact fee analysis.

(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."

Amended by Chapter 278, 2013 General Session