Utah Code 11-36a-502. Notice to adopt or amend an impact fee facilities plan

11-36a-502. Notice to adopt or amend an impact fee facilities plan.

(1)

If a local political subdivision chooses to prepare an independent impact fee facilities plan rather than include an impact fee facilities element in the general plan in accordance with Section 11-36a-301, the local political subdivision shall, before adopting or amending the impact fee facilities plan:

Terms Used In Utah Code 11-36a-502

Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Impact fee: means a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. See Utah Code 11-36a-102
Impact fee facilities plan: means the plan required by Section 11-36a-301. See Utah Code 11-36a-102
Local political subdivision: means a county, a municipality, a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, a special service district under Title 17D, Chapter 1, Special Service District Act, or the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-36a-102
Person: means :Utah Code 68-3-12.5
Private entity: means an entity in private ownership with at least 100 individual shareholders, customers, or connections, that is located in a first, second, third, or fourth class county and provides water to an applicant for development approval who is required to obtain water from the private entity either as a:

(a)	specific condition of development approval by a local political subdivision acting pursuant to a prior agreement, whether written or unwritten, with the private entity; or

(b)

functional condition of development approval because the private entity:

(i)	has no reasonably equivalent competition in the immediate market; and

(ii)	is the only realistic source of water for the applicant's development. See Utah Code 11-36a-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(a)	give public notice, in accordance with Subsection (2), of the plan or amendment at least 10 days before the day on which the public hearing described in Subsection (1)(d) is scheduled;

(b)	make a copy of the plan or amendment, together with a summary designed to be understood by a lay person, available to the public;

(c)	place a copy of the plan or amendment and summary in each public library within the local political subdivision; and

(d)	hold a public hearing to hear public comment on the plan or amendment.

(2)

With respect to the public notice required under Subsection (1)(a):

(a)	each municipality shall comply with the notice and hearing requirements of, and, except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Sections 10-9a-205 and 10-9a-801 and Subsection 10-9a-502(2);

(b)	each county shall comply with the notice and hearing requirements of, and, except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Sections 17-27a-205 and 17-27a-801 and Subsection 17-27a-502(2); and

(c)	each special district, special service district, and private entity shall comply with the notice and hearing requirements of, and receive the protections of, Section 17B-1-111.

(3)	Nothing contained in this section or Section 11-36a-503 may be construed to require involvement by a planning commission in the impact fee facilities planning process.

Amended by Chapter 16, 2023 General Session

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