Utah Code 17B-1-111. Impact fee resolution — Notice and hearing requirements
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Terms Used In Utah Code 17B-1-111
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Special district: means a limited purpose local government entity, as described in Section
17B-1-103 , that operates under, is subject to, and has the powers described in:(31)(a) this chapter; or(31)(b)(31)(b)(i) this chapter; and(31)(b)(ii)(31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;(31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;(31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;(31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;(31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;(31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;(31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;(31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;(31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;(31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;(31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or(31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102(1)(a) If a special district wishes to impose impact fees, the board of trustees of the special district shall:(1)(a)(i) prepare a proposed impact fee resolution that meets the requirements of Title 11, Chapter 36a, Impact Fees Act;(1)(a)(ii) make a copy of the impact fee resolution available to the public at least 10 days before the date of the public hearing and hold a public hearing on the proposed impact fee resolution; and(1)(a)(iii) provide reasonable notice of the public hearing for the special district, as a class A notice under Section 63G-30-102, for at least 10 days before the date of the hearing.(1)(b) After the public hearing, the board of trustees may:(1)(b)(i) adopt the impact fee resolution as proposed;(1)(b)(ii) amend the impact fee resolution and adopt or reject it as amended; or(1)(b)(iii) reject the resolution.(2) The special district’s board of trustees may enact a resolution establishing stricter notice requirements than those required by this section.(3)(3)(a) Proof that notice required by this section was given is prima facie evidence that notice was properly given.(3)(b) If notice given under authority of this section is not challenged within 30 days from the date of the meeting for which the notice was given, the notice is considered adequate and proper.