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H.B. 323
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8 LONG TITLE
9 General Description:
10 This bill modifies county and municipal land use provisions related to general plan
11 notice requirements.
12 Highlighted Provisions:
13 This bill:
14 . modifies the notice that certain entities are required to provide before preparing a
15 proposed general plan or amendment, long-range plan, or capital facilities plan so
16 that:
17 . some entities are required to provide notice on the Utah Public Notice Website
18 rather than to the state planning coordinator; and
19 . those entities not required to provide notice on the Utah Public Notice Website
20 but that voluntarily provide notice on that website need not provide notice to the
21 state planning coordinator.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 10-9a-203, as last amended by Laws of Utah 2008, Chapter 382
29 11-36-201, as last amended by Laws of Utah 2008, Chapters 70, 360, and 382
30 17-27a-203, as last amended by Laws of Utah 2008, Chapter 382
31 17B-1-106, as last amended by Laws of Utah 2008, Chapter 382
32 53A-2-123, as last amended by Laws of Utah 2008, Chapters 360 and 382
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 10-9a-203 is amended to read:
36 10-9a-203. Notice of intent to prepare a general plan or comprehensive general
37 plan amendments in certain municipalities.
38 (1) Before preparing a proposed general plan or a comprehensive general plan
39 amendment, each municipality within a county of the first or second class shall provide ten
40 calendar days notice of its intent to prepare a proposed general plan or a comprehensive general
41 plan amendment [
42 (a) to each affected entity;
43 (b) to the Automated Geographic Reference Center created in Section 63F-1-506 ;
44 (c) to the association of governments, established pursuant to an interlocal agreement
45 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
46 and
47 (d) (i) on the Utah Public Notice Website created under Section 63F-1-701 , if the
48 municipality:
49 (A) is required under Subsection 52-4-202 (3) to use that website to provide public
50 notice of a meeting; or
51 (B) voluntarily chooses to provide notice on that website despite not being required to
52 do so under Subsection (1)(d)(i)(A); or
53 [
54 municipality does not provide notice on the Utah Public Notice Website under Subsection
55 (1)(d)(i).
56 (2) Each notice under Subsection (1) shall:
57 (a) indicate that the municipality intends to prepare a general plan or a comprehensive
58 general plan amendment, as the case may be;
59 (b) describe or provide a map of the geographic area that will be affected by the general
60 plan or amendment;
61 (c) be sent by mail, e-mail, or other effective means;
62 (d) invite the affected entities to provide information for the municipality to consider in
63 the process of preparing, adopting, and implementing a general plan or amendment concerning:
64 (i) impacts that the use of land proposed in the proposed general plan or amendment
65 may have; and
66 (ii) uses of land within the municipality that the affected entity is considering that may
67 conflict with the proposed general plan or amendment; and
68 (e) include the address of an Internet website, if the municipality has one, and the name
69 and telephone number of a person where more information can be obtained concerning the
70 municipality's proposed general plan or amendment.
71 Section 2. Section 11-36-201 is amended to read:
72 11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
73 Summary -- Exemptions.
74 (1) (a) Each local political subdivision and private entity shall comply with the
75 requirements of this chapter before establishing or modifying any impact fee.
76 (b) A local political subdivision may not:
77 (i) establish any new impact fees that are not authorized by this chapter; or
78 (ii) impose or charge any other fees as a condition of development approval unless
79 those fees are a reasonable charge for the service provided.
80 (c) Notwithstanding any other requirements of this chapter, each local political
81 subdivision shall ensure that each existing impact fee that is charged for any public facility not
82 authorized by Subsection 11-36-102 (12) is repealed by July 1, 1995.
83 (d) (i) Existing impact fees that a local political subdivision charges for public facilities
84 authorized in Subsection 11-36-102 (12) need not comply with the requirements of this chapter
85 until July 1, 1997.
86 (ii) By July 1, 1997, each local political subdivision shall:
87 (A) review any impact fees in existence as of the effective date of this act, and prepare
88 and approve the analysis required by this section for each of those impact fees; and
89 (B) ensure that the impact fees comply with the requirements of this chapter.
90 (2) (a) Before imposing impact fees, each local political subdivision and private entity
91 shall, except as provided in Subsection (2)(f), prepare a capital facilities plan.
92 (b) (i) As used in this Subsection (2)(b):
93 (A) (I) "Affected entity" means each county, municipality, local district under Title
94 17B, Limited Purpose Local Government Entities - Local Districts, special service district
95 under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation
96 entity established under Chapter 13, Interlocal Cooperation Act, and specified public utility:
97 (Aa) whose services or facilities are likely to require expansion or significant
98 modification because of the facilities proposed in the proposed capital facilities plan; or
99 (Bb) that has filed with the local political subdivision or private entity a copy of the
100 general or long-range plan of the county, municipality, local district, special service district,
101 school district, interlocal cooperation entity, or specified public utility.
102 (II) "Affected entity" does not include the local political subdivision or private entity
103 that is required under this Subsection (2) to provide notice.
104 (B) "Specified public utility" means an electrical corporation, gas corporation, or
105 telephone corporation, as those terms are defined in Section 54-2-1 .
106 (ii) Before preparing or amending a capital facilities plan, each local political
107 subdivision and each private entity shall provide written notice, as provided in this Subsection
108 (2)(b), of its intent to prepare or amend a capital facilities plan.
109 (iii) Each notice under Subsection (2)(b)(ii) shall:
110 (A) indicate that the local political subdivision or private entity intends to prepare or
111 amend a capital facilities plan;
112 (B) describe or provide a map of the geographic area where the proposed capital
113 facilities will be located;
114 (C) be [
115 (I) sent to each county in whose unincorporated area and each municipality in whose
116 boundaries is located the land on which the proposed facilities will be located;
117 (II) sent to each affected entity;
118 (III) sent to the Automated Geographic Reference Center created in Section 63F-1-506 ;
119 (IV) sent to the association of governments, established pursuant to an interlocal
120 agreement under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are
121 proposed to be located;
122 (V) (Aa) placed on the Utah Public Notice Website created under Section 63F-1-701 , if
123 the local political subdivision:
124 (Ii) is required under Subsection 52-4-203 (3) to use that website to provide public
125 notice of a meeting; or
126 (IIii) voluntarily chooses to place notice on that website despite not being required to
127 do so under Subsection (2)(b)(iii)(C)(V)(Aa)(Ii); or
128 [
129 the local political subdivision does not provide notice on the Utah Public Notice Website under
130 Subsection (2)(b)(iii)(C)(V)(Aa);
131 (VI) sent to the registered agent of the Utah Home Builders Association;
132 (VII) sent to the registered agent of the Utah Association of Realtors; and
133 (VIII) sent to the registered agent of the Utah Chapter of the Associated General
134 Contractors of America; and
135 (D) with respect to the notice to an affected entity, invite the affected entity to provide
136 information for the local political subdivision or private entity to consider in the process of
137 preparing, adopting, and implementing or amending a capital facilities plan concerning:
138 (I) impacts that the facilities proposed in the capital facilities plan may have on the
139 affected entity; and
140 (II) facilities or uses of land that the affected entity is planning or considering that may
141 conflict with the facilities proposed in the capital facilities plan.
142 (c) The plan shall identify:
143 (i) demands placed upon existing public facilities by new development activity; and
144 (ii) the proposed means by which the local political subdivision will meet those
145 demands.
146 (d) A municipality or county need not prepare a separate capital facilities plan if the
147 general plan required by Section 10-9a-401 or 17-27a-401 , respectively, contains the elements
148 required by Subsection (2)(c).
149 (e) (i) If a local political subdivision chooses to prepare an independent capital
150 facilities plan rather than include a capital facilities element in the general plan, the local
151 political subdivision shall:
152 (A) before preparing or contracting to prepare or amending or contracting to amend the
153 independent capital facilities plan, send written notice:
154 (I) to:
155 (Aa) the registered agent of the Utah Home Builders Association;
156 (Bb) the registered agent of the Utah Association of Realtors; and
157 (Cc) the registered agent of the Utah Chapter of the Associated General Contractors of
158 America;
159 (II) stating the local political subdivision's intent to prepare or amend a capital facilities
160 plan; and
161 (III) inviting each of the notice recipients to participate in the preparation of or
162 amendment to the capital facilities plan; and
163 (B) before adopting or amending the capital facilities plan:
164 (I) give public notice of the plan or amendment according to Subsection (2)(e)(ii)(A),
165 (B), or (C), as the case may be, at least 14 days before the date of the public hearing;
166 (II) make a copy of the plan or amendment, together with a summary designed to be
167 understood by a lay person, available to the public;
168 (III) place a copy of the plan or amendment and summary in each public library within
169 the local political subdivision; and
170 (IV) hold a public hearing to hear public comment on the plan or amendment.
171 (ii) With respect to the public notice required under Subsection (2)(e)(i)(B)(I):
172 (A) each municipality shall comply with the notice and hearing requirements of, and,
173 except as provided in Subsection 11-36-401 (4)(f), receive the protections of Sections
174 10-9a-205 and 10-9a-801 and Subsection 10-9a-502 (2);
175 (B) each county shall comply with the notice and hearing requirements of, and, except
176 as provided in Subsection 11-36-401 (4)(f), receive the protections of Sections 17-27a-205 and
177 17-27a-801 and Subsection 17-27a-502 (2); and
178 (C) each local district, special service district, and private entity shall comply with the
179 notice and hearing requirements of, and receive the protections of, Section 17B-1-111 .
180 (iii) Nothing contained in this Subsection (2)(e) or in the subsections referenced in
181 Subsections (2)(e)(ii)(A) and (B) may be construed to require involvement by a planning
182 commission in the capital facilities planning process.
183 (f) (i) A local political subdivision with a population or serving a population of less
184 than 5,000 as of the last federal census need not comply with the capital facilities plan
185 requirements of this part, but shall ensure that:
186 (A) the impact fees that the local political subdivision imposes are based upon a
187 reasonable plan; and
188 (B) each applicable notice required by this chapter is given.
189 (ii) Subsection (2)(f)(i) does not apply to private entities.
190 (3) In preparing the plan, each local political subdivision shall generally consider all
191 revenue sources, including impact fees, to finance the impacts on system improvements.
192 (4) A local political subdivision or private entity may only impose impact fees on
193 development activities when its plan for financing system improvements establishes that
194 impact fees are necessary to achieve an equitable allocation to the costs borne in the past and to
195 be borne in the future, in comparison to the benefits already received and yet to be received.
196 (5) (a) Subject to the notice requirement of Subsection (5)(b), each local political
197 subdivision and private entity intending to impose an impact fee shall prepare a written analysis
198 of each impact fee that:
199 (i) identifies the impact on system improvements required by the development activity;
200 (ii) demonstrates how those impacts on system improvements are reasonably related to
201 the development activity;
202 (iii) estimates the proportionate share of the costs of impacts on system improvements
203 that are reasonably related to the new development activity; and
204 (iv) based upon those factors and the requirements of this chapter, identifies how the
205 impact fee was calculated.
206 (b) Before preparing or contracting to prepare the written analysis required under
207 Subsection (5)(a), each local political subdivision or private entity shall provide:
208 (i) public notice; and
209 (ii) written notice:
210 (A) to:
211 (I) the registered agent of the Utah Home Builders Association;
212 (II) the registered agent of the Utah Association of Realtors; and
213 (III) the registered agent of the Utah Chapter of the Associated General Contractors of
214 America;
215 (B) indicating the local political subdivision or private entity's intent to prepare or
216 contract to prepare a written analysis of an impact fee; and
217 (C) inviting each notice recipient to participate in the preparation of the written
218 analysis.
219 (c) In analyzing whether or not the proportionate share of the costs of public facilities
220 are reasonably related to the new development activity, the local political subdivision or private
221 entity, as the case may be, shall identify, if applicable:
222 (i) the cost of existing public facilities;
223 (ii) the manner of financing existing public facilities, such as user charges, special
224 assessments, bonded indebtedness, general taxes, or federal grants;
225 (iii) the relative extent to which the newly developed properties and other properties
226 have already contributed to the cost of existing public facilities, by such means as user charges,
227 special assessments, or payment from the proceeds of general taxes;
228 (iv) the relative extent to which the newly developed properties and other properties
229 will contribute to the cost of existing public facilities in the future;
230 (v) the extent to which the newly developed properties are entitled to a credit because
231 the local political subdivision or private entity, as the case may be, requires its developers or
232 owners, by contractual arrangement or otherwise, to provide common facilities, inside or
233 outside the proposed development, that have been provided by the local political subdivision or
234 private entity, respectively, and financed through general taxation or other means, apart from
235 user charges, in other parts of the service area;
236 (vi) extraordinary costs, if any, in servicing the newly developed properties; and
237 (vii) the time-price differential inherent in fair comparisons of amounts paid at
238 different times.
239 (d) Each local political subdivision and private entity that prepares a written analysis
240 under this Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written
241 analysis, designed to be understood by a lay person.
242 (6) Each local political subdivision that adopts an impact fee enactment under Section
243 11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
244 a copy of the written analysis required by Subsection (5)(a) and a copy of the summary
245 required by Subsection (5)(d) to:
246 (a) each public library within the local political subdivision;
247 (b) the registered agent of the Utah Home Builders Association;
248 (c) the registered agent of the Utah Association of Realtors; and
249 (d) the registered agent of the Utah Chapter of the Associated General Contractors of
250 America.
251 (7) Nothing in this chapter may be construed to repeal or otherwise eliminate any
252 impact fee in effect on the effective date of this chapter that is pledged as a source of revenues
253 to pay bonded indebtedness that was incurred before the effective date of this chapter.
254 Section 3. Section 17-27a-203 is amended to read:
255 17-27a-203. Notice of intent to prepare a general plan or comprehensive general
256 plan amendments in certain counties.
257 (1) Before preparing a proposed general plan or a comprehensive general plan
258 amendment, each county of the first or second class shall provide ten calendar days notice of its
259 intent to prepare a proposed general plan or a comprehensive general plan amendment [
260 (a) to each affected entity;
261 (b) to the Automated Geographic Reference Center created in Section 63F-1-506 ;
262 (c) to the association of governments, established pursuant to an interlocal agreement
263 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
264 [
265 (d) on the Utah Public Notice Website created under Section 63F-1-701 .
266 (2) Each notice under Subsection (1) shall:
267 (a) indicate that the county intends to prepare a general plan or a comprehensive
268 general plan amendment, as the case may be;
269 (b) describe or provide a map of the geographic area that will be affected by the general
270 plan or amendment;
271 (c) be sent by mail, e-mail, or other effective means;
272 (d) invite the affected entities to provide information for the county to consider in the
273 process of preparing, adopting, and implementing a general plan or amendment concerning:
274 (i) impacts that the use of land proposed in the proposed general plan or amendment
275 may have; and
276 (ii) uses of land within the county that the affected entity is considering that may
277 conflict with the proposed general plan or amendment; and
278 (e) include the address of an Internet website, if the county has one, and the name and
279 telephone number of a person where more information can be obtained concerning the county's
280 proposed general plan or amendment.
281 Section 4. Section 17B-1-106 is amended to read:
282 17B-1-106. Notice before preparing or amending a long-range plan or acquiring
283 certain property.
284 (1) As used in this section:
285 (a) (i) "Affected entity" means each county, municipality, local district under this title,
286 special service district, school district, interlocal cooperation entity established under Title 11,
287 Chapter 13, Interlocal Cooperation Act, and specified public utility:
288 (A) whose services or facilities are likely to require expansion or significant
289 modification because of an intended use of land; or
290 (B) that has filed with the local district a copy of the general or long-range plan of the
291 county, municipality, local district, school district, interlocal cooperation entity, or specified
292 public utility.
293 (ii) "Affected entity" does not include the local district that is required under this
294 section to provide notice.
295 (b) "Specified public utility" means an electrical corporation, gas corporation, or
296 telephone corporation, as those terms are defined in Section 54-2-1 .
297 (2) (a) If a local district under this title located in a county of the first or second class
298 prepares a long-range plan regarding its facilities proposed for the future or amends an already
299 existing long-range plan, the local district shall, before preparing a long-range plan or
300 amendments to an existing long-range plan, provide written notice, as provided in this section,
301 of its intent to prepare a long-range plan or to amend an existing long-range plan.
302 (b) Each notice under Subsection (2)(a) shall:
303 (i) indicate that the local district intends to prepare a long-range plan or to amend a
304 long-range plan, as the case may be;
305 (ii) describe or provide a map of the geographic area that will be affected by the
306 long-range plan or amendments to a long-range plan;
307 (iii) be [
308 (A) sent to each county in whose unincorporated area and each municipality in whose
309 boundaries is located the land on which the proposed long-range plan or amendments to a
310 long-range plan are expected to indicate that the proposed facilities will be located;
311 (B) sent to each affected entity;
312 (C) sent to the Automated Geographic Reference Center created in Section 63F-1-506 ;
313 (D) sent to each association of governments, established pursuant to an interlocal
314 agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
315 municipality described in Subsection (2)(b)(iii)(A) is a member; and
316 (E) (I) placed on the Utah Public Notice Website created under Section 63F-1-701 , if
317 the local district:
318 (Aa) is required under Subsection 52-4-203 (3) to use that website to provide public
319 notice of a meeting; or
320 (Bb) voluntarily chooses to place notice on that website despite not being required to
321 do so under Subsection (2)(b)(iii)(E)(I)(Aa); or
322 (II) the state planning coordinator appointed under Section 63J-4-202 , if the local
323 district does not provide notice on the Utah Public Notice Website under Subsection
324 (2)(b)(iii)(E)(I);
325 (iv) with respect to the notice to counties and municipalities described in Subsection
326 (2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
327 consider in the process of preparing, adopting, and implementing the long-range plan or
328 amendments to a long-range plan concerning:
329 (A) impacts that the use of land proposed in the proposed long-range plan or
330 amendments to a long-range plan may have on the county, municipality, or affected entity; and
331 (B) uses of land that the county, municipality, or affected entity is planning or
332 considering that may conflict with the proposed long-range plan or amendments to a long-range
333 plan; and
334 (v) include the address of an Internet website, if the local district has one, and the name
335 and telephone number of a person where more information can be obtained concerning the
336 local district's proposed long-range plan or amendments to a long-range plan.
337 (3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
338 real property in a county of the first or second class for the purpose of expanding the district's
339 infrastructure or other facilities used for providing the services that the district is authorized to
340 provide shall provide written notice, as provided in this Subsection (3), of its intent to acquire
341 the property if the intended use of the property is contrary to:
342 (i) the anticipated use of the property under the county or municipality's general plan;
343 or
344 (ii) the property's current zoning designation.
345 (b) Each notice under Subsection (3)(a) shall:
346 (i) indicate that the local district intends to acquire real property;
347 (ii) identify the real property; and
348 (iii) be sent to:
349 (A) each county in whose unincorporated area and each municipality in whose
350 boundaries the property is located; and
351 (B) each affected entity.
352 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
353 63G-2-305 (7).
354 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
355 previously provided notice under Subsection (2) identifying the general location within the
356 municipality or unincorporated part of the county where the property to be acquired is located.
357 (ii) If a local district is not required to comply with the notice requirement of
358 Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
359 the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
360 property.
361 Section 5. Section 53A-2-123 is amended to read:
362 53A-2-123. Notice before preparing or amending a long-range plan or acquiring
363 certain property.
364 (1) As used in this section:
365 (a) "Affected entity" means each county, municipality, local district under Title 17B,
366 Limited Purpose Local Government Entities - Local Districts, special service district under
367 Title 17D, Chapter 1, Special Service District Act, interlocal cooperation entity established
368 under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
369 (i) whose services or facilities are likely to require expansion or significant
370 modification because of an intended use of land; or
371 (ii) that has filed with the school district a copy of the general or long-range plan of the
372 county, municipality, local district, special service district, school district, interlocal
373 cooperation entity, or specified public utility.
374 (b) "Specified public utility" means an electrical corporation, gas corporation, or
375 telephone corporation, as those terms are defined in Section 54-2-1 .
376 (2) (a) If a school district located in a county of the first or second class prepares a
377 long-range plan regarding its facilities proposed for the future or amends an already existing
378 long-range plan, the school district shall, before preparing a long-range plan or amendments to
379 an existing long-range plan, provide written notice, as provided in this section, of its intent to
380 prepare a long-range plan or to amend an existing long-range plan.
381 (b) Each notice under Subsection (2)(a) shall:
382 (i) indicate that the school district intends to prepare a long-range plan or to amend a
383 long-range plan, as the case may be;
384 (ii) describe or provide a map of the geographic area that will be affected by the
385 long-range plan or amendments to a long-range plan;
386 (iii) be [
387 (A) sent to each county in whose unincorporated area and each municipality in whose
388 boundaries is located the land on which the proposed long-range plan or amendments to a
389 long-range plan are expected to indicate that the proposed facilities will be located;
390 (B) sent to each affected entity;
391 (C) sent to the Automated Geographic Reference Center created in Section 63F-1-506 ;
392 (D) sent to each association of governments, established pursuant to an interlocal
393 agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
394 municipality described in Subsection (2)(b)(iii)(A) is a member; and
395 [
396 (E) placed on the Utah Public Notice Website created under Section 63F-1-701 ;
397 (iv) with respect to the notice to counties and municipalities described in Subsection
398 (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
399 consider in the process of preparing, adopting, and implementing the long-range plan or
400 amendments to a long-range plan concerning:
401 (A) impacts that the use of land proposed in the proposed long-range plan or
402 amendments to a long-range plan may have on the county, municipality, or affected entity; and
403 (B) uses of land that the county, municipality, or affected entity is planning or
404 considering that may conflict with the proposed long-range plan or amendments to a long-range
405 plan; and
406 (v) include the address of an Internet website, if the school district has one, and the
407 name and telephone number of a person where more information can be obtained concerning
408 the school district's proposed long-range plan or amendments to a long-range plan.
409 (3) (a) Except as provided in Subsection (3)(d), each school district intending to
410 acquire real property in a county of the first or second class for the purpose of expanding the
411 district's infrastructure or other facilities shall provide written notice, as provided in this
412 Subsection (3), of its intent to acquire the property if the intended use of the property is
413 contrary to:
414 (i) the anticipated use of the property under the county or municipality's general plan;
415 or
416 (ii) the property's current zoning designation.
417 (b) Each notice under Subsection (3)(a) shall:
418 (i) indicate that the school district intends to acquire real property;
419 (ii) identify the real property; and
420 (iii) be sent to:
421 (A) each county in whose unincorporated area and each municipality in whose
422 boundaries the property is located; and
423 (B) each affected entity.
424 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
425 63G-2-305 (7).
426 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
427 previously provided notice under Subsection (2) identifying the general location within the
428 municipality or unincorporated part of the county where the property to be acquired is located.
429 (ii) If a school district is not required to comply with the notice requirement of
430 Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
431 provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
432 the real property.
Legislative Review Note
as of 2-4-09 12:48 PM