Utah Code 11-36a-504. Notice of intent to adopt impact fee enactment — Hearing — Protections
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(1) Before adopting an impact fee enactment:
Terms Used In Utah Code 11-36a-504
- County legislative body: means :(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section
17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5 - Enactment: means :(5)(a) a municipal ordinance, for a municipality;(5)(b) a county ordinance, for a county; and(5)(c) a governing board resolution, for a special district, special service district, or private entity. See Utah Code 11-36a-102
- 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 analysis: means the written analysis of each impact fee required by Section 11-36a-303. See Utah Code 11-36a-102
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(1)(a) a municipality legislative body shall:
(1)(a)(i) comply with the notice requirements of Section 10-9a-205 as if the impact fee enactment were a land use regulation;
(1)(a)(ii) hold a hearing in accordance with Section 10-9a-502 as if the impact fee enactment were a land use regulation; and
(1)(a)(iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Section 10-9a-801 as if the impact fee were a land use regulation;
(1)(b) a county legislative body shall:
(1)(b)(i) comply with the notice requirements of Section 17-27a-205 as if the impact fee enactment were a land use regulation;
(1)(b)(ii) hold a hearing in accordance with Section 17-27a-502 as if the impact fee enactment were a land use regulation; and
(1)(b)(iii) except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Section 17-27a-801 as if the impact fee were a land use regulation;
(1)(c) a special district or special service district shall:
(1)(c)(i) comply with the notice and hearing requirements of Section 17B-1-111; and
(1)(c)(ii) receive the protections of Section 17B-1-111;
(1)(d) a local political subdivision shall at least 10 days before the day on which a public hearing is scheduled in accordance with this section:
(1)(d)(i) make a copy of the impact fee enactment available to the public; and
(1)(d)(ii) provide notice of the local political subdivision’s intent to enact or modify the impact fee, specifying the type of impact fee being enacted or modified, for the local political subdivision, as a class A notice under Section 63G-30-102, for at least 10 days; and
(1)(e) a local political subdivision shall submit a copy of the impact fee analysis and a copy of the summary of the impact fee analysis prepared in accordance with Section 11-36a-303 on its website or to each public library within the local political subdivision.
(2) Subsection (1)(a) or (b) may not be construed to require involvement by a planning commission in the impact fee enactment process.