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H.B. 116
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5 Gregory H. Hughes 6
7 LONG TITLE
8 General Description:
9 This bill modifies and enacts provisions relating to notice and land use dispute
10 resolution applicable to certain entities in first and second class counties.
11 Highlighted Provisions:
12 This bill:
13 . modifies provisions relating to elements of a county or municipality's general plan;
14 . requires certain local government entities and certain public utilities to provide
15 notice before preparing or amending a general, long-range, or capital facilities plan;
16 . requires certain entities to provide notice of an intent to acquire real property if its
17 intended use is inconsistent with local planning or zoning, unless the entity has
18 previously provided notice of the property's general location;
19 . requires certain entities to provide post-acquisition notice of the acquisition of real
20 property, under certain circumstances;
21 . establishes a commission to hear and decide certain land use disputes;
22 . provides for the membership and duties of that commission;
23 . provides for judicial review of a commission decision; and
24 . requires commission review of certain disputes before judicial review may be
25 sought.
26 Monies Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 10-9-301, as last amended by Chapter 105, Laws of Utah 2003
33 10-9-302, as last amended by Chapters 23 and 93, Laws of Utah 1992
34 10-9-1001, as last amended by Chapter 124, Laws of Utah 2003
35 11-36-201, as last amended by Chapter 239, Laws of Utah 2002
36 17-27-301, as last amended by Chapter 105, Laws of Utah 2003
37 17-27-302, as last amended by Chapters 23 and 93, Laws of Utah 1992
38 17-27-1001, as last amended by Chapter 124, Laws of Utah 2003
39 ENACTS:
40 10-9-301.5, Utah Code Annotated 1953
41 11-41-101, Utah Code Annotated 1953
42 11-41-102, Utah Code Annotated 1953
43 11-41-103, Utah Code Annotated 1953
44 11-41-104, Utah Code Annotated 1953
45 11-41-105, Utah Code Annotated 1953
46 11-41-106, Utah Code Annotated 1953
47 17-27-301.5, Utah Code Annotated 1953
48 17A-2-104, Utah Code Annotated 1953
49 17B-2-104, Utah Code Annotated 1953
50 53A-2-123, Utah Code Annotated 1953
51 54-3-27, Utah Code Annotated 1953
52
53 Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 10-9-301 is amended to read:
55 10-9-301. General plan.
56 (1) In order to accomplish the purposes set forth in this chapter, each municipality shall
57 prepare and adopt a comprehensive, long-range general plan for:
58 (a) present and future needs of the municipality; and
59 (b) growth and development of the land within the municipality or any part of the
60 municipality.
61 (2) The plan may provide for:
62 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
63 activities, aesthetics, and recreational, educational, and cultural opportunities;
64 (b) the reduction of the waste of physical, financial, or human resources that result
65 from either excessive congestion or excessive scattering of population;
66 (c) the efficient and economical use, conservation, and production of the supply of:
67 (i) food and water; and
68 (ii) drainage, sanitary, and other facilities and resources;
69 (d) the use of energy conservation and solar and renewable energy resources;
70 (e) the protection of urban development;
71 (f) the protection and promotion of air quality;
72 (g) historic preservation; [
73 (h) identifying future uses of land that are likely to require an expansion or significant
74 modification of services or facilities provided by affected entities and specified public utilities,
75 as those terms are defined in Section 10-9-301.5 ; and
76 [
77 Corridor Preservation.
78 (3) The municipality may determine the comprehensiveness, extent, and format of the
79 general plan.
80 Section 2. Section 10-9-301.5 is enacted to read:
81 10-9-301.5. Notice of intent to prepare a general plan or amendments to a general
82 plan in certain municipalities.
83 (1) As used in this section:
84 (a) (i) "Affected entity" means each county, municipality, independent special district
85 under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
86 Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
87 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
88 (A) whose services or facilities are likely to require expansion or significant
89 modification because of an intended use of land; or
90 (B) that has filed with the municipality a copy of the entity's general or long-range
91 plan.
92 (ii) "Affected entity" does not include the municipality that is required under this
93 section to provide notice.
94 (b) "Specified public utility" means an electrical corporation, gas corporation, or
95 telephone corporation, as those terms are defined in Section 54-2-1 .
96 (2) Before preparing a proposed general plan or amendments to an existing general
97 plan, each municipality within a county of the first or second class shall provide written notice,
98 as provided in this section, of its intent to prepare a proposed general plan or amendments to a
99 general plan.
100 (3) Each notice under Subsection (2) shall:
101 (a) indicate that the municipality intends to prepare a general plan or amendments to a
102 general plan, as the case may be;
103 (b) describe or provide a map of the geographic area that will be affected by the general
104 plan or amendments to a general plan;
105 (c) be sent to:
106 (i) each affected entity;
107 (ii) the Automated Geographic Reference Center created in Section 63A-6-202 ;
108 (iii) the association of governments, established pursuant to an interlocal agreement
109 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the municipality is a member;
110 and
111 (iv) the state planning coordinator appointed under Section 63-38d-202 ;
112 (d) with respect to the notice to affected entities, invite the affected entities to provide
113 information for the municipality to consider in the process of preparing, adopting, and
114 implementing a general plan or amendments to a general plan concerning:
115 (i) impacts that the use of land proposed in the proposed general plan or amendments
116 to a general plan may have on the affected entity; and
117 (ii) uses of land within the municipality that the affected entity is planning or
118 considering that may conflict with the proposed general plan or amendments to the general
119 plan; and
120 (e) include the address of an Internet website, if the municipality has one, and the name
121 and telephone number of a person where more information can be obtained concerning the
122 municipality's proposed general plan or amendments to a general plan.
123 Section 3. Section 10-9-302 is amended to read:
124 10-9-302. Plan preparation.
125 (1) (a) [
126 recommend to the legislative body a proposed general plan for the area within the municipality.
127 (b) The plan may include areas outside the boundaries of the municipality if, in the
128 commission's judgment, they are related to the planning of the municipality's territory.
129 (c) Except as otherwise provided by law, when the plan of a municipality involves
130 territory outside the boundaries of the municipality, the municipality may not take action
131 affecting that territory without the concurrence of the county or other municipalities affected.
132 (2) The general plan, with the accompanying maps, plats, charts and descriptive and
133 explanatory matter, shall show the planning commission's recommendations for the
134 development of the territory covered by the plan, and may include, among other things:
135 (a) a land use element that:
136 (i) designates the proposed general distribution and location and extent of uses of land
137 for housing, business, industry, agriculture, recreation, education, public buildings and
138 grounds, open space, and other categories of public and private uses of land as appropriate; and
139 (ii) may include a statement of the standards of population density and building
140 intensity recommended for the various land use categories covered by the plan;
141 (b) a transportation and circulation element consisting of the general location and
142 extent of existing and proposed freeways, arterial and collector streets, mass transit, and any
143 other modes of transportation that are appropriate, all correlated with the land use element of
144 the plan;
145 (c) an environmental element that addresses:
146 (i) the protection, conservation, development, and use of natural resources, including
147 the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
148 and other natural resources; and
149 (ii) the reclamation of land, flood control, prevention and control of the pollution of
150 streams and other waters, regulation of the use of land on hillsides, stream channels and other
151 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
152 protection of watersheds and wetlands, and the mapping of known geologic hazards;
153 (d) a public services and facilities element showing general plans for sewage, waste
154 disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and
155 fire protection, and other public services;
156 (e) a rehabilitation, redevelopment, and conservation element consisting of plans and
157 programs for:
158 (i) historic preservation; and
159 (ii) the elimination of blight and for redevelopment, including housing sites, business
160 and industrial sites, and public building sites;
161 (f) an economic element composed of appropriate studies and an economic
162 development plan that may include review of municipal revenue and expenditures, revenue
163 sources, identification of base and residentiary industry, primary and secondary market areas,
164 employment, and retail sales activity;
165 (g) recommendations for implementing the plan, including the use of zoning
166 ordinances, subdivision ordinances, capital improvement plans, and other appropriate actions;
167 [
168 (h) provisions addressing any of the matters listed in Subsection 10-9-301 (2); and
169 [
170 Section 4. Section 10-9-1001 is amended to read:
171 10-9-1001. Appeals.
172 (1) (a) No person may challenge in district court a municipality's land use decisions
173 made under this chapter or under the regulation made under authority of this chapter until that
174 person has exhausted his administrative remedies.
175 (b) An appeal by another municipality or by a county, independent special district
176 under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
177 Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
178 11, Chapter 13, Interlocal Cooperation Act, or specified public utility, as defined in Section
179 10-9-301.5 , of a municipality's land use decision that prevents the municipality, county,
180 independent special district, local district, school district, interlocal cooperation entity, or
181 specified public utility from pursuing its proposed use of land is not governed by this section
182 but is governed by Title 11, Chapter 41, Facilities Dispute Resolution Commission.
183 (2) (a) Any person adversely affected by any decision made in the exercise of or in
184 violation of the provisions of this chapter may file a petition for review of the decision with the
185 district court within 30 days after the local decision is rendered.
186 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
187 property owner files a request for arbitration of a constitutional taking issue with the private
188 property ombudsman under Section 63-34-13 until 30 days after:
189 (A) the arbitrator issues a final award; or
190 (B) the private property ombudsman issues a written statement under Subsection
191 63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
192 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
193 taking issues that are the subject of the request for arbitration filed with the private property
194 ombudsman by a property owner.
195 (iii) A request for arbitration filed with the private property ombudsman after the time
196 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
197 (3) The courts shall:
198 (a) presume that land use decisions and regulations are valid; and
199 (b) determine only whether or not the decision is arbitrary, capricious, or illegal.
200 Section 5. Section 11-36-201 is amended to read:
201 11-36-201. Impact fees -- Analysis -- Capital facilities plan -- Notice of plan --
202 Summary -- Exemptions.
203 (1) (a) Each local political subdivision and private entity shall comply with the
204 requirements of this chapter before establishing or modifying any impact fee.
205 (b) A local political subdivision may not:
206 (i) establish any new impact fees that are not authorized by this chapter; or
207 (ii) impose or charge any other fees as a condition of development approval unless
208 those fees are a reasonable charge for the service provided.
209 (c) Notwithstanding any other requirements of this chapter, each local political
210 subdivision shall ensure that each existing impact fee that is charged for any public facility not
211 authorized by Subsection 11-36-102 (12) is repealed by July 1, 1995.
212 (d) (i) Existing impact fees for public facilities authorized in Subsection 11-36-102 (12)
213 that are charged by local political subdivisions need not comply with the requirements of this
214 chapter until July 1, 1997.
215 (ii) By July 1, 1997, each local political subdivision shall:
216 (A) review any impact fees in existence as of the effective date of this act, and prepare
217 and approve the analysis required by this section for each of those impact fees; and
218 (B) ensure that the impact fees comply with the requirements of this chapter.
219 (2) (a) Before imposing impact fees, each local political subdivision shall prepare a
220 capital facilities plan.
221 (b) (i) As used in this Subsection (2)(b):
222 (A) (I) "Affected entity" means each county, municipality, independent special district
223 under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
224 Chapter 2, Local Districts, school district, interlocal cooperation entity established under
225 Chapter 13, Interlocal Cooperation Act, and specified public utility:
226 (Aa) whose services or facilities are likely to require expansion or significant
227 modification because of the facilities proposed in the proposed capital facilities plan; or
228 (Bb) that has filed with the local political subdivision or private entity a copy of the
229 general or long-range plan of the county, municipality, independent special district, local
230 district, school district, interlocal cooperation entity, or specified public utility.
231 (II) "Affected entity" does not include the local political subdivision or private entity
232 that is required under this Subsection (2) to provide notice.
233 (B) "Specified public utility" means an electrical corporation, gas corporation, or
234 telephone corporation, as those terms are defined in Section 54-2-1 .
235 (ii) Before preparing a capital facilities plan for facilities proposed on land located
236 within a county of the first or second class, each local political subdivision and each private
237 entity shall provide written notice, as provided in this Subsection (2)(b), of its intent to prepare
238 a capital facilities plan.
239 (iii) Each notice under Subsection (2)(b)(ii) shall:
240 (A) indicate that the local political subdivision or private entity intends to prepare a
241 capital facilities plan;
242 (B) describe or provide a map of the geographic area where the proposed capital
243 facilities will be located;
244 (C) be sent to:
245 (I) each county in whose unincorporated area and each municipality in whose
246 boundaries is located the land on which the proposed facilities will be located;
247 (II) each affected entity;
248 (III) the Automated Geographic Reference Center created in Section 63A-6-202 ;
249 (IV) the association of governments, established pursuant to an interlocal agreement
250 under Title 11, Chapter 13, Interlocal Cooperation Act, in which the facilities are proposed to
251 be located; and
252 (V) the state planning coordinator appointed under Section 63-38d-202 ; and
253 (D) with respect to the notice to affected entities, invite the affected entities to provide
254 information for the local political subdivision or private entity to consider in the process of
255 preparing, adopting, and implementing a capital facilities plan concerning:
256 (I) impacts that the facilities proposed in the capital facilities plan may have on the
257 affected entity; and
258 (II) facilities or uses of land that the affected entity is planning or considering that may
259 conflict with the facilities proposed in the capital facilities plan.
260 [
261 (i) demands placed upon existing public facilities by new development activity; and
262 (ii) the proposed means by which the local political subdivision will meet those
263 demands.
264 [
265 if the general plan required by Sections 10-9-301 and 17-27-301 contains the elements required
266 by Subsection (2)[
267 [
268 plan rather than including a capital facilities element in the general plan, the local political
269 subdivision shall, before adopting the capital facilities plan:
270 (A) give public notice of the plan according to this Subsection (2)[
271 (B) at least 14 days before the date of the public hearing:
272 (I) make a copy of the plan, together with a summary designed to be understood by a
273 lay person, available to the public; and
274 (II) place a copy of the plan and summary in each public library within the local
275 political subdivision; and
276 (C) hold a public hearing to hear public comment on the plan.
277 (ii) Municipalities shall comply with the notice and hearing requirements of, and,
278 except as provided in Subsection 11-36-401 (4)(f), receive the protections of, Subsections
279 10-9-103 (2) and 10-9-402 (2).
280 (iii) Counties shall comply with the notice and hearing requirements of, and, except as
281 provided in Subsection 11-36-401 (4)(f), receive the protections of, Subsections 17-27-103 (2)
282 and 17-27-402 (2).
283 (iv) Special districts and private entities shall comply with the notice and hearing
284 requirements of, and receive the protections of, Section 17A-1-203 .
285 (v) Nothing contained in this Subsection (2)[
286 Subsections (2)[
287 commission in the capital facilities planning process.
288 [
289 less than 5,000 as of the last federal census need not comply with the capital facilities plan
290 requirements of this part, but shall ensure that the impact fees imposed by them are based upon
291 a reasonable plan.
292 (ii) Subsection (2)[
293 (3) In preparing the plan, each local political subdivision shall generally consider all
294 revenue sources, including impact fees, to finance the impacts on system improvements.
295 (4) A local political subdivision may only impose impact fees on development
296 activities when its plan for financing system improvements establishes that impact fees are
297 necessary to achieve an equitable allocation to the costs borne in the past and to be borne in the
298 future, in comparison to the benefits already received and yet to be received.
299 (5) (a) Each local political subdivision imposing impact fees shall prepare a written
300 analysis of each impact fee that:
301 (i) identifies the impact on system improvements required by the development activity;
302 (ii) demonstrates how those impacts on system improvements are reasonably related to
303 the development activity;
304 (iii) estimates the proportionate share of the costs of impacts on system improvements
305 that are reasonably related to the new development activity; and
306 (iv) based upon those factors and the requirements of this chapter, identifies how the
307 impact fee was calculated.
308 (b) In analyzing whether or not the proportionate share of the costs of public facilities
309 are reasonably related to the new development activity, the local political subdivision shall
310 identify, if applicable:
311 (i) the cost of existing public facilities;
312 (ii) the manner of financing existing public facilities, such as user charges, special
313 assessments, bonded indebtedness, general taxes, or federal grants;
314 (iii) the relative extent to which the newly developed properties and the other
315 properties in the municipality have already contributed to the cost of existing public facilities,
316 by such means as user charges, special assessments, or payment from the proceeds of general
317 taxes;
318 (iv) the relative extent to which the newly developed properties and the other
319 properties in the municipality will contribute to the cost of existing public facilities in the
320 future;
321 (v) the extent to which the newly developed properties are entitled to a credit because
322 the municipality is requiring their developers or owners, by contractual arrangement or
323 otherwise, to provide common facilities, inside or outside the proposed development, that have
324 been provided by the municipality and financed through general taxation or other means, apart
325 from user charges, in other parts of the municipality;
326 (vi) extraordinary costs, if any, in servicing the newly developed properties; and
327 (vii) the time-price differential inherent in fair comparisons of amounts paid at
328 different times.
329 (c) Each local political subdivision that prepares a written analysis under this
330 Subsection (5) on or after July 1, 2000 shall also prepare a summary of the written analysis,
331 designed to be understood by a lay person.
332 (6) Each local political subdivision that adopts an impact fee enactment under Section
333 11-36-202 on or after July 1, 2000 shall, at least 14 days before adopting the enactment, submit
334 to each public library within the local political subdivision:
335 (a) a copy of the written analysis required by Subsection (5)(a); and
336 (b) a copy of the summary required by Subsection (5)(c).
337 (7) Nothing in this chapter may be construed to repeal or otherwise eliminate any
338 impact fee in effect on the effective date of this act that is pledged as a source of revenues to
339 pay bonded indebtedness that was incurred before the effective date of this act.
340 Section 6. Section 11-41-101 is enacted to read:
341
342 11-41-101. Title.
343 This chapter is known as the "Facilities Dispute Resolution Commission."
344 Section 7. Section 11-41-102 is enacted to read:
345 11-41-102. Definitions.
346 As used in this chapter:
347 (1) "Commission" means a facilities dispute resolution commission established under
348 Section 11-41-103 .
349 (2) "Specified public utility" means an electrical corporation, gas corporation, or
350 telephone corporation, as those terms are defined in Section 54-1-2 .
351 Section 8. Section 11-41-103 is enacted to read:
352 11-41-103. Facilities Dispute Resolution Commission.
353 (1) There is established a facilities dispute resolution commission for each association
354 of governments:
355 (a) that has been established pursuant to an interlocal agreement under Chapter 13,
356 Interlocal Cooperation Act; and
357 (b) whose membership includes a county of the first or second class.
358 (2) Each commission shall be composed of:
359 (a) one person who holds an elected county office in a county of the first or second
360 class, appointed by the association of governments;
361 (b) one person who holds an elected municipal office in a municipality located in a
362 county of the first or second class, appointed by the association of governments;
363 (c) one person who serves as a member of a board of trustees of an independent special
364 district under Title 17A, Chapter 2, Independent Special Districts, appointed by the Utah
365 Association of Special Districts;
366 (d) one person who is an officer or employee of a specified public utility that provides
367 service within a county of the first or second class, appointed by the Utah Public Service
368 Commission;
369 (e) one person who serves as a board member of a school district located in a county of
370 the first or second class, appointed by the State Board of Education; and
371 (f) two persons who reside within a county of the first or second class that is a member
372 of the association of governments, appointed by majority vote of the five other members of the
373 commission.
374 (3) The term of each commission member shall be four years, except that:
375 (a) the initial term of two members of the commission, chosen by lot, shall be one year;
376 (b) the initial term of two members of the commission, chosen by lot, shall be two
377 years; and
378 (c) the initial term of two members of the commission, chosen by lot, shall be three
379 years.
380 (4) A commission member is not limited in the number of terms the member may
381 serve.
382 (5) (a) For each member of the commission under Subsection (2), an alternate member
383 shall be appointed by the same body that appointed the member.
384 (b) Each alternate member shall serve for the same term as the member for which the
385 alternate member is an alternate.
386 (c) An alternate serves on the commission only:
387 (i) if the member for whom the alternate member is an alternate is:
388 (A) disqualified under Subsection 11-41-105 (2); or
389 (B) otherwise unable to participate in the commission's consideration of a particular
390 dispute; and
391 (ii) for each particular dispute for which the member does not serve under Subsection
392 (5)(c)(i).
393 (6) (a) Commission members shall choose from their number a chair, who shall preside
394 at commission meetings, and a vice chair, who shall preside at commission meetings in the
395 absence of the chair.
396 (b) The chair and vice chair serve in those positions at the pleasure of the commission,
397 but the commission may designate a set term for those positions.
398 (7) (a) A majority of commission members constitutes a quorum for holding meetings
399 and transacting business.
400 (b) A decision by the commission resolving a dispute requires the concurrence of a
401 majority of commission members.
402 Section 9. Section 11-41-104 is enacted to read:
403 11-41-104. Commission duties and authority.
404 (1) Each commission shall hear and decide disputes concerning:
405 (a) a proposed use of land that is rejected by the county in whose unincorporated area
406 or the municipality in whose boundaries the land is located; or
407 (b) a school district's action that the county or municipality claims violates its land use
408 planning and zoning ordinances.
409 (2) Each commission shall activate and operate only when presented with a dispute as
410 provided in this chapter.
411 (3) In resolving disputes, the commission shall consider:
412 (a) whether the entity proposing the use of land:
413 (i) included the proposed use of land in its long-term planning;
414 (ii) complied with applicable notice requirements with respect to the acquisition or
415 proposed use of land; and
416 (iii) has made a good faith effort to cooperate and resolve conflicts with the applicable
417 county or municipality concerning the proposed use of land;
418 (b) whether allowing the proposed use of land will provide a greater benefit to a larger
419 segment of the public than not allowing it;
420 (c) whether there are other suitable locations for the proposed use;
421 (d) (i) whether an entity other than the entity proposing the land use will bear an
422 unreasonable burden or suffer an unreasonable impact, including financial burden or impact,
423 from the proposed use of land; and
424 (ii) the extent to which the entity proposing the use of land is willing to mitigate the
425 burden or impact;
426 (e) whether the proposed use of land is consistent with the county or municipality's
427 general plan;
428 (f) whether the county or municipality's general plan and zoning applicable to the land
429 in question was consistent with the proposed use of the land at the time the entity proposing the
430 use of land acquired it; and
431 (g) all other factors the commission considers relevant to a resolution of the dispute
432 that best serves the public interest.
433 (4) A commission may:
434 (a) adopt and enforce rules of procedure for the orderly and fair conduct of its
435 proceedings;
436 (b) authorize a member of the commission to administer oaths if necessary in the
437 performance of the commission's duties; and
438 (c) in order to enable the commission to carry out its duties in hearing and deciding
439 disputes, use the services of the staff of the association of governments or employ other
440 personnel.
441 (5) Each commission shall keep a record of all its proceedings concerning a dispute.
442 (6) If the commission decides to allow the proposed use of land, the commission may
443 formulate its decision to achieve a result that best serves the public interest, including:
444 (a) imposing reasonable conditions or requirements on the entity proposing the use of
445 land to mitigate the unreasonable burdens or impacts caused by the proposed use of land; and
446 (b) allowing a land use that is contrary to existing local municipal or county land use
447 ordinances.
448 (7) The principal place of business of the association of counties shall constitute the
449 commission's office and shall be the place for filing a petition under Section 11-41-105 .
450 Section 10. Section 11-41-105 is enacted to read:
451 11-41-105. Procedure for commission review of dispute.
452 (1) (a) (i) A county, municipality, independent special district under Title 17A, Chapter
453 2, Independent Special Districts, local district under Title 17B, Chapter 2, Local Districts,
454 school district, interlocal cooperation entity established under Chapter 13, Interlocal
455 Cooperation Act, or specified public utility may request commission review of a county or
456 municipality's land use decision that prevents the county, municipality, independent special
457 district, local district, school district, interlocal cooperation entity, or specified public utility
458 from pursuing its proposed use of land by filing with the commission a petition requesting
459 review of the land use decision.
460 (ii) A county or municipality may request commission review of a school district action
461 that the county or municipality claims violates its land use planning and zoning ordinances.
462 (b) Each petition under Subsection (1)(a) shall be filed within 30 days after:
463 (i) for a petition under Subsection (1)(a)(i), the date of the land use decision for which
464 commission review is sought; and
465 (ii) for a petition under Subsection (1)(a)(ii), the date of the school district action for
466 which commission review is sought.
467 (2) (a) A commission member is disqualified from hearing and deciding a dispute if:
468 (i) the member has a direct interest in the outcome of the dispute;
469 (ii) the member concludes that the member cannot impartially participate in the hearing
470 and decision of the dispute; or
471 (iii) a majority of all remaining members of the commission vote to remove the
472 member from participating in the hearing and decision of the dispute.
473 (b) If a member is disqualified under Subsection (2)(a), that member's alternate shall
474 serve on the commission for purposes of hearing and deciding that particular dispute for which
475 the member is disqualified.
476 (3) The parties to a dispute before the commission shall equally share the expenses
477 incurred by the commission relating to its hearing and deciding the dispute.
478 Section 11. Section 11-41-106 is enacted to read:
479 11-41-106. Court review of commission decision.
480 (1) (a) A county, municipality, independent special district under Title 17A, Chapter 2,
481 Independent Special Districts, local district under Title 17B, Chapter 2, Local Districts, school
482 district, interlocal cooperation entity established under Chapter 13, Interlocal Cooperation Act,
483 and specified public utility may not seek district court review of a municipality or county's land
484 use decision for which commission review is provided in this chapter unless the land use
485 decision has been heard and decided by the commission.
486 (b) A county or municipality may not seek district court review of a school district
487 action that the county or municipality claims violates its land use planning and zoning
488 ordinances unless the dispute has been heard and decided by the commission.
489 (2) An entity adversely affected by a commission decision may file, within 30 days
490 after the commission decision, a petition for review of the decision with the district court.
491 (3) The district court review of a commission decision is on the record created during
492 the commission proceedings.
493 (4) In its review of a commission decision, the court shall uphold the decision if it is
494 supported by substantial evidence.
495 Section 12. Section 17-27-301 is amended to read:
496 17-27-301. General plan.
497 (1) In order to accomplish the purposes set forth in this chapter, each county shall
498 prepare and adopt a comprehensive general plan for:
499 (a) the present and future needs of the county; and
500 (b) the growth and development of the land within the county or any part of the county,
501 including uses of land for urbanization, trade, industry, residential, agricultural, wildlife
502 habitat, and other purposes.
503 (2) The plan may provide for:
504 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
505 activities, aesthetics, and recreational, educational, and cultural opportunities;
506 (b) the reduction of the waste of physical, financial, or human resources that result
507 from either excessive congestion or excessive scattering of population;
508 (c) the efficient and economical use, conservation, and production of the supply of:
509 (i) food and water; and
510 (ii) drainage, sanitary, and other facilities and resources;
511 (d) the use of energy conservation and solar and renewable energy resources;
512 (e) the protection of urban development;
513 (f) the protection and promotion of air quality;
514 (g) historic preservation; [
515 (h) identifying future uses of land that are likely to require an expansion or significant
516 modification of services or facilities provided by affected entities and specified public utilities,
517 as those terms are defined in Section 17-27-301.5 ; and
518 [
519 Corridor Preservation.
520 (3) (a) The plan shall include specific provisions related to any areas within, or
521 partially within, the exterior boundaries of the county, or contiguous to the boundaries of a
522 county, which are proposed for the siting of a storage facility or transfer facility for the
523 placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as
524 these wastes are defined in Section 19-3-303 . The provisions shall address the effects of the
525 proposed site upon the health and general welfare of citizens of the state, and shall provide:
526 (i) the information identified in Section 19-3-305 ;
527 (ii) information supported by credible studies that demonstrates that the provisions of
528 Subsection 19-3-307 (2) have been satisfied; and
529 (iii) specific measures to mitigate the effects of high-level nuclear waste and greater
530 than class C radioactive waste and guarantee the health and safety of the citizens of the state.
531 (b) A county may, in lieu of complying with Subsection (3)(a), adopt an ordinance
532 indicating that all proposals for the siting of a storage facility or transfer facility for the
533 placement of high-level nuclear waste or greater than class C radioactive waste wholly or
534 partially within the county are rejected.
535 (c) A county may adopt the ordinance listed in Subsection (3)(b) at any time.
536 (d) The county shall send a certified copy of the ordinance under Subsection (3)(b) to
537 the executive director of the Department of Environmental Quality by certified mail within 30
538 days of enactment.
539 (e) If a county repeals an ordinance adopted pursuant to Subsection (3)(b) the county
540 shall:
541 (i) comply with Subsection (3)(a) as soon as reasonably possible; and
542 (ii) send a certified copy of the repeal to the executive director of the Department of
543 Environmental Quality by certified mail within 30 days after the repeal.
544 (4) The plan may define the county's local customs, local culture, and the components
545 necessary for the county's economic stability.
546 (5) The county may determine the comprehensiveness, extent, and format of the
547 general plan.
548 Section 13. Section 17-27-301.5 is enacted to read:
549 17-27-301.5. Notice of intent to prepare a general plan or amendments to a
550 general plan in certain counties.
551 (1) As used in this section:
552 (a) (i) "Affected entity" means each county, municipality, independent special district
553 under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
554 Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
555 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
556 (A) whose services or facilities are likely to require expansion or significant
557 modification because of an intended use of land; or
558 (B) that has filed with the county a copy of the entity's general or long-range plan.
559 (ii) "Affected entity" does not include the county that is required under this section to
560 provide notice.
561 (b) "Specified public utility" means an electrical corporation, gas corporation, or
562 telephone corporation, as those terms are defined in Section 54-2-1 .
563 (2) Before preparing a proposed general plan or amendments to an existing general
564 plan, each county of the first or second class shall provide written notice, as provided in this
565 section, of its intent to prepare a proposed general plan or amendments to a general plan.
566 (3) Each notice under Subsection (2) shall:
567 (a) indicate that the county intends to prepare a general plan or amendments to a
568 general plan, as the case may be;
569 (b) describe or provide a map of the geographic area that will be affected by the general
570 plan or amendments to a general plan;
571 (c) be sent to:
572 (i) each affected entity;
573 (ii) the Automated Geographic Reference Center created in Section 63A-6-202 ;
574 (iii) the association of governments, established pursuant to an interlocal agreement
575 under Title 11, Chapter 13, Interlocal Cooperation Act, of which the county is a member; and
576 (iv) the state planning coordinator appointed under Section 63-38d-202 ;
577 (d) with respect to the notice to affected entities, invite the affected entities to provide
578 information for the county to consider in the process of preparing, adopting, and implementing
579 a general plan or amendments to a general plan concerning:
580 (i) impacts that the use of land proposed in the proposed general plan or amendments
581 to a general plan may have on the affected entity; and
582 (ii) uses of land within the county that the affected entity is planning or considering
583 that may conflict with the proposed general plan or amendments to the general plan; and
584 (e) include the address of an Internet website, if the county has one, and the name and
585 telephone number of a person where more information can be obtained concerning the county's
586 proposed general plan or amendments to a general plan.
587 Section 14. Section 17-27-302 is amended to read:
588 17-27-302. Plan preparation.
589 (1) (a) [
590 recommend to the legislative body a proposed general plan for the area within the county.
591 (b) (i) The plan may include planning for incorporated areas if, in the planning
592 commission's judgment, they are related to the planning of the unincorporated territory or of
593 the county as a whole.
594 (ii) Elements of the county plan that address incorporated areas are not an official plan
595 or part of a municipal plan for any municipality, unless it is adopted by the municipal planning
596 commission and the governing body of the municipality.
597 (2) The general plan, with the accompanying maps, plats, charts and descriptive and
598 explanatory matter, shall show the planning commission's recommendations for the
599 development of the territory covered by the plan, and may include, among other things:
600 (a) a land use element that:
601 (i) designates the proposed general distribution and location and extent of uses of land
602 for housing, business, industry, agriculture, recreation, education, public buildings and
603 grounds, open space, and other categories of public and private uses of land as appropriate; and
604 (ii) may include a statement of the standards of population density and building
605 intensity recommended for the various land use categories covered by the plan;
606 (b) a transportation and circulation element consisting of the general location and
607 extent of existing and proposed freeways, arterial and collector streets, mass transit, and any
608 other modes of transportation that are appropriate, all correlated with the land use element of
609 the plan;
610 (c) an environmental element that addresses:
611 (i) the protection, conservation, development, and use of natural resources, including
612 the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals,
613 and other natural resources; and
614 (ii) the reclamation of land, flood control, prevention and control of the pollution of
615 streams and other waters, regulation of the use of land on hillsides, stream channels and other
616 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
617 protection of watersheds and wetlands, and the mapping of known geologic hazards;
618 (d) a public services and facilities element showing general plans for sewage, waste
619 disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and
620 fire protection, and other public services;
621 (e) a rehabilitation, redevelopment, and conservation element consisting of plans and
622 programs for:
623 (i) historic preservation; and
624 (ii) the elimination of blight and for redevelopment, including housing sites, business
625 and industrial sites, and public building sites;
626 (f) an economic element composed of appropriate studies and an economic
627 development plan that may include review of county revenue and expenditures, revenue
628 sources, identification of base and residentiary industry, primary and secondary market areas,
629 employment, and retail sales activity;
630 (g) recommendations for implementing the plan, including the use of zoning
631 ordinances, subdivision ordinances, capital improvement plans, and other appropriate actions;
632 [
633 (h) provisions addressing any of the matters listed in Subsection 17-27-301 (2); and
634 [
635 Section 15. Section 17-27-1001 is amended to read:
636 17-27-1001. Appeals.
637 (1) (a) No person may challenge in district court a county's land use decisions made
638 under this chapter or under the regulation made under authority of this chapter until that person
639 has exhausted all administrative remedies.
640 (b) An appeal by another county or by a municipality, independent special district
641 under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
642 Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
643 11, Chapter 13, Interlocal Cooperation Act, or specified public utility, as defined in Section
644 10-9-301.5 , of a county's land use decision that prevents the county, municipality, independent
645 special district, local district, school district, interlocal cooperation entity, or specified public
646 utility from pursuing its proposed use of land is not governed by this section but is governed by
647 Title 11, Chapter 41, Facilities Dispute Resolution Commission.
648 (2) (a) Any person adversely affected by any decision made in the exercise of or in
649 violation of the provisions of this chapter may file a petition for review of the decision with the
650 district court within 30 days after the local decision is rendered.
651 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a
652 property owner files a request for arbitration of a constitutional taking issue with the private
653 property ombudsman under Section 63-34-13 until 30 days after:
654 (A) the arbitrator issues a final award; or
655 (B) the private property ombudsman issues a written statement under Subsection
656 63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
657 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
658 taking issues that are the subject of the request for arbitration filed with the private property
659 ombudsman by a property owner.
660 (iii) A request for arbitration filed with the private property ombudsman after the time
661 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
662 (3) (a) The courts shall:
663 (i) presume that land use decisions and regulations are valid; and
664 (ii) determine only whether or not the decision is arbitrary, capricious, or illegal.
665 (b) A determination of illegality requires a determination that the decision violates a
666 statute, ordinance, or existing law.
667 Section 16. Section 17A-2-104 is enacted to read:
668 17A-2-104. Notice before preparing a long-range plan or acquiring certain
669 property.
670 (1) As used in this section:
671 (a) (i) "Affected entity" means each county, municipality, independent special district
672 under this chapter, local district under Title 17B, Chapter 2, Local Districts, school district,
673 interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act,
674 and specified public utility:
675 (A) whose services or facilities are likely to require expansion or significant
676 modification because of an intended use of land; or
677 (B) that has filed with the independent special district a copy of the general or
678 long-range plan of the county, municipality, independent special district, local district, school
679 district, interlocal cooperation entity, or specified public utility.
680 (ii) "Affected entity" does not include the independent special district that is required
681 under this section to provide notice.
682 (b) "Specified public utility" means an electrical corporation, gas corporation, or
683 telephone corporation, as those terms are defined in Section 54-2-1 .
684 (2) (a) If an independent special district under this chapter located in a county of the
685 first or second class prepares a long-range plan regarding its facilities proposed for the future or
686 amends an already existing long-range plan, the independent special district shall, before
687 preparing a long-range plan or amendments to an existing long-range plan, provide written
688 notice, as provided in this section, of its intent to prepare a long-range plan or to amend an
689 existing long-range plan.
690 (b) Each notice under Subsection (2) shall:
691 (i) indicate that the independent special district intends to prepare a long-range plan or
692 to amend a long-range plan, as the case may be;
693 (ii) describe or provide a map of the geographic area that will be affected by the
694 long-range plan or amendments to a long-range plan;
695 (iii) be sent to:
696 (A) each county in whose unincorporated area and each municipality in whose
697 boundaries is located the land on which the proposed long-range plan or amendments to a
698 long-range plan are expected to indicate that the proposed facilities will be located;
699 (B) each affected entity;
700 (C) the Automated Geographic Reference Center created in Section 63A-6-202 ;
701 (D) each association of governments, established pursuant to an interlocal agreement
702 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
703 described in Subsection (2)(b)(iii)(A) is a member; and
704 (E) the state planning coordinator appointed under Section 63-38d-202 ;
705 (iv) with respect to the notice to counties and municipalities described in Subsection
706 (2)(b)(iii)(A) and affected entities, invite them to provide information for the independent
707 special district to consider in the process of preparing, adopting, and implementing the
708 long-range plan or amendments to a long-range plan concerning:
709 (A) impacts that the use of land proposed in the proposed long-range plan or
710 amendments to a long-range plan may have on the county, municipality, or affected entity; and
711 (B) uses of land that the county, municipality, or affected entity is planning or
712 considering that may conflict with the proposed long-range plan or amendments to a long-range
713 plan; and
714 (v) include the address of an Internet website, if the independent special district has
715 one, and the name and telephone number of a person where more information can be obtained
716 concerning the independent special district's proposed long-range plan or amendments to a
717 long-range plan.
718 (3) (a) Except as provided in Subsection (3)(d), each independent special district
719 intending to acquire real property for the purpose of expanding the district's infrastructure or
720 other facilities used for providing the services that the district is authorized to provide shall
721 provide written notice, as provided in this Subsection (3), of its intent to acquire the property if
722 the intended use of the property is contrary to:
723 (i) the anticipated use of the property under the county or municipality's general plan;
724 or
725 (ii) the property's current zoning designation.
726 (b) Each notice under Subsection (3)(a) shall:
727 (i) indicate that the independent special district intends to acquire real property;
728 (ii) identify the real property; and
729 (iii) be sent to:
730 (A) each county in whose unincorporated area and each municipality in whose
731 boundaries the property is located; and
732 (B) each affected entity.
733 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
734 63-2-304 (7).
735 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the independent
736 special district previously provided notice under Subsection (2) identifying the general location
737 within the municipality or unincorporated part of the county where the property to be acquired
738 is located.
739 (ii) If an independent special district is not required to comply with the notice
740 requirement of Subsection (3)(a) because of application of Subsection (3)(d)(i), the
741 independent special district shall provide the notice specified in Subsection (3)(a) as soon as
742 practicable after its acquisition of the real property.
743 Section 17. Section 17B-2-104 is enacted to read:
744 17B-2-104. Notice before preparing a long-range plan or acquiring certain
745 property.
746 (1) As used in this section:
747 (a) (i) "Affected entity" means each county, municipality, independent special district
748 under this chapter, local district under this chapter, school district, interlocal cooperation entity
749 established under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
750 (A) whose services or facilities are likely to require expansion or significant
751 modification because of an intended use of land; or
752 (B) that has filed with the local district a copy of the general or long-range plan of the
753 county, municipality, independent special district, local district, school district, interlocal
754 cooperation entity, or specified public utility.
755 (ii) "Affected entity" does not include the local district that is required under this
756 section to provide notice.
757 (b) "Specified public utility" means an electrical corporation, gas corporation, or
758 telephone corporation, as those terms are defined in Section 54-2-1 .
759 (2) (a) If a local district under this chapter located in a county of the first or second
760 class prepares a long-range plan regarding its facilities proposed for the future or amends an
761 already existing long-range plan, the local district shall, before preparing a long-range plan or
762 amendments to an existing long-range plan, provide written notice, as provided in this section,
763 of its intent to prepare a long-range plan or to amend an existing long-range plan.
764 (b) Each notice under Subsection (2)(a) shall:
765 (i) indicate that the local district intends to prepare a long-range plan or to amend a
766 long-range plan, as the case may be;
767 (ii) describe or provide a map of the geographic area that will be affected by the
768 long-range plan or amendments to a long-range plan;
769 (iii) be sent to:
770 (A) each county in whose unincorporated area and each municipality in whose
771 boundaries is located the land on which the proposed long-range plan or amendments to a
772 long-range plan are expected to indicate that the proposed facilities will be located;
773 (B) each affected entity;
774 (C) the Automated Geographic Reference Center created in Section 63A-6-202 ;
775 (D) each association of governments, established pursuant to an interlocal agreement
776 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
777 described in Subsection (2)(b)(iii)(A) is a member; and
778 (E) the state planning coordinator appointed under Section 63-38d-202 ;
779 (iv) with respect to the notice to counties and municipalities described in Subsection
780 (2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
781 consider in the process of preparing, adopting, and implementing the long-range plan or
782 amendments to a long-range plan concerning:
783 (A) impacts that the use of land proposed in the proposed long-range plan or
784 amendments to a long-range plan may have on the county, municipality, or affected entity; and
785 (B) uses of land that the county, municipality, or affected entity is planning or
786 considering that may conflict with the proposed long-range plan or amendments to a long-range
787 plan; and
788 (v) include the address of an Internet website, if the local district has one, and the name
789 and telephone number of a person where more information can be obtained concerning the
790 local district's proposed long-range plan or amendments to a long-range plan.
791 (3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
792 real property for the purpose of expanding the district's infrastructure or other facilities used for
793 providing the services that the district is authorized to provide shall provide written notice, as
794 provided in this Subsection (3), of its intent to acquire the property if the intended use of the
795 property is contrary to:
796 (i) the anticipated use of the property under the county or municipality's general plan;
797 or
798 (ii) the property's current zoning designation.
799 (b) Each notice under Subsection (3)(a) shall:
800 (i) indicate that the local district intends to acquire real property;
801 (ii) identify the real property; and
802 (iii) be sent to:
803 (A) each county in whose unincorporated area and each municipality in whose
804 boundaries the property is located; and
805 (B) each affected entity.
806 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
807 63-2-304 (7).
808 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
809 previously provided notice under Subsection (2) identifying the general location within the
810 municipality or unincorporated part of the county where the property to be acquired is located.
811 (ii) If a local district is not required to comply with the notice requirement of
812 Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
813 the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
814 property.
815 Section 18. Section 53A-2-123 is enacted to read:
816 53A-2-123. Notice before preparing or amending a long-range plan or acquiring
817 certain property.
818 (1) As used in this section:
819 (a) "Affected entity" means each county, municipality, independent special district
820 under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
821 Chapter 2, Local Districts, interlocal cooperation entity established under Title 11, Chapter 13,
822 Interlocal Cooperation Act, and specified public utility:
823 (i) whose services or facilities are likely to require expansion or significant
824 modification because of an intended use of land; or
825 (ii) that has filed with the school district a copy of the general or long-range plan of the
826 county, municipality, independent special district, local district, school district, interlocal
827 cooperation entity, or specified public utility.
828 (b) "Specified public utility" means an electrical corporation, gas corporation, or
829 telephone corporation, as those terms are defined in Section 54-2-1 .
830 (2) (a) If a school district located in a county of the first or second class prepares a
831 long-range plan regarding its facilities proposed for the future or amends an already existing
832 long-range plan, the school district shall, before preparing a long-range plan or amendments to
833 an existing long-range plan, provide written notice, as provided in this section, of its intent to
834 prepare a long-range plan or to amend an existing long-range plan.
835 (b) Each notice under Subsection (2)(a) shall:
836 (i) indicate that the school district intends to prepare a long-range plan or to amend a
837 long-range plan, as the case may be;
838 (ii) describe or provide a map of the geographic area that will be affected by the
839 long-range plan or amendments to a long-range plan;
840 (iii) be sent to:
841 (A) each county in whose unincorporated area and each municipality in whose
842 boundaries is located the land on which the proposed long-range plan or amendments to a
843 long-range plan are expected to indicate that the proposed facilities will be located;
844 (B) each affected entity;
845 (C) the Automated Geographic Reference Center created in Section 63A-6-202 ;
846 (D) each association of governments, established pursuant to an interlocal agreement
847 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
848 described in Subsection (2)(b)(iii)(A) is a member; and
849 (E) the state planning coordinator appointed under Section 63-38d-202 ;
850 (iv) with respect to the notice to counties and municipalities described in Subsection
851 (2)(b)(iii)(A) and affected entities, invite them to provide information for the school district to
852 consider in the process of preparing, adopting, and implementing the long-range plan or
853 amendments to a long-range plan concerning:
854 (A) impacts that the use of land proposed in the proposed long-range plan or
855 amendments to a long-range plan may have on the county, municipality, or affected entity; and
856 (B) uses of land that the county, municipality, or affected entity is planning or
857 considering that may conflict with the proposed long-range plan or amendments to a long-range
858 plan; and
859 (v) include the address of an Internet website, if the school district has one, and the
860 name and telephone number of a person where more information can be obtained concerning
861 the school district's proposed long-range plan or amendments to a long-range plan.
862 (3) (a) Except as provided in Subsection (3)(d), each school district intending to
863 acquire real property for the purpose of expanding the district's infrastructure or other facilities
864 shall provide written notice, as provided in this Subsection (3), of its intent to acquire the
865 property if the intended use of the property is contrary to:
866 (i) the anticipated use of the property under the county or municipality's general plan;
867 or
868 (ii) the property's current zoning designation.
869 (b) Each notice under Subsection (3)(a) shall:
870 (i) indicate that the school district intends to acquire real property;
871 (ii) identify the real property; and
872 (iii) be sent to:
873 (A) each county in whose unincorporated area and each municipality in whose
874 boundaries the property is located; and
875 (B) each affected entity.
876 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
877 63-2-304 (7).
878 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the school district
879 previously provided notice under Subsection (2) identifying the general location within the
880 municipality or unincorporated part of the county where the property to be acquired is located.
881 (ii) If a school district is not required to comply with the notice requirement of
882 Subsection (3)(a) because of application of Subsection (3)(d)(i), the school district shall
883 provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of
884 the real property.
885 Section 19. Section 54-3-27 is enacted to read:
886 54-3-27. Notice required of certain public utilities before preparing a long-range
887 plan or acquiring certain property.
888 (1) As used in this section:
889 (a) (i) "Affected entity" means each county, municipality, independent special district
890 under Title 17A, Chapter 2, Independent Special Districts, local district under Title 17B,
891 Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title
892 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
893 (A) whose services or facilities are likely to require expansion or significant
894 modification because of expected uses of land under a proposed long-range plan or under
895 proposed amendments to a long-range plan; or
896 (B) that has filed with the specified public utility a copy of the general or long-range
897 plan of the county, municipality, independent special district, local district, school district,
898 interlocal cooperation entity, or specified public utility.
899 (ii) "Affected entity" does not include the specified public utility that is required under
900 Subsection (2) to provide notice.
901 (b) "Specified public utility" means an electrical corporation, gas corporation, or
902 telephone corporation, as those terms are defined in Section 54-2-1 .
903 (2) (a) If a specified public utility prepares a long-range plan regarding its facilities
904 proposed for the future in a county of the first or second class or amends an already existing
905 long-range plan, the specified public utility shall, before preparing a long-range plan or
906 amendments to an existing long-range plan, provide written notice, as provided in this section,
907 of its intent to prepare a long-range plan or to amend an existing long-range plan.
908 (b) Each notice under Subsection (2) shall:
909 (i) indicate that the specified public utility intends to prepare a long-range plan or to
910 amend a long-range plan, as the case may be;
911 (ii) describe or provide a map of the geographic area that will be affected by the
912 long-range plan or amendments to a long-range plan;
913 (iii) be sent to:
914 (A) each county in whose unincorporated area and each municipality in whose
915 boundaries is located the land on which the proposed long-range plan or amendments to a
916 long-range plan are expected to indicate that the proposed facilities will be located;
917 (B) each affected entity;
918 (C) the Automated Geographic Reference Center created in Section 63A-6-202 ;
919 (D) each association of governments, established pursuant to an interlocal agreement
920 under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
921 described in Subsection (2)(b)(iii)(A) is a member; and
922 (E) the state planning coordinator appointed under Section 63-38d-202 ;
923 (iv) with respect to the notice to counties and municipalities described in Subsection
924 (2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public
925 utility to consider in the process of preparing, adopting, and implementing the long-range plan
926 or amendments to a long-range plan concerning:
927 (A) impacts that the use of land proposed in the proposed long-range plan or
928 amendments to a long-range plan may have on the county, municipality, or affected entity; and
929 (B) uses of land that the county, municipality, or affected entity is planning or
930 considering that may conflict with the proposed long-range plan or amendments to a long-range
931 plan; and
932 (v) include the address of an Internet website, if the specified public utility has one, and
933 the name and telephone number of a person where more information can be obtained
934 concerning the specified public utility's proposed long-range plan or amendments to a
935 long-range plan.
936 (3) (a) Except as provided in Subsection (3)(d), each specified public utility intending
937 to acquire real property for the purpose of expanding its infrastructure or other facilities used
938 for providing the services that the specified public utility is authorized to provide shall provide
939 written notice, as provided in this Subsection (3), of its intent to acquire the property if the
940 intended use of the property is contrary to:
941 (i) the anticipated use of the property under the county or municipality's general plan;
942 or
943 (ii) the property's current zoning designation.
944 (b) Each notice under Subsection (3)(a) shall:
945 (i) indicate that the specified public utility intends to acquire real property;
946 (ii) identify the real property; and
947 (iii) be sent to:
948 (A) each county in whose unincorporated area and each municipality in whose
949 boundaries the property is located; and
950 (B) each affected entity.
951 (c) A notice under this Subsection (3) is a protected record as provided in Subsection
952 63-2-304 (7).
953 (d) (i) The notice requirement of Subsection (3)(a) does not apply if the specified
954 public utility previously provided notice under Subsection (2) identifying the general location
955 within the municipality or unincorporated part of the county where the property to be acquired
956 is located.
957 (ii) If a specified public utility is not required to comply with the notice requirement of
958 Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility
959 shall provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition
960 of the real property.
Legislative Review Note
as of 1-27-04 11:45 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.