State Codes and Statutes

Statutes > Utah > Title-10 > Chapter-09a > 10-9a-305

10-9a-305. Other entities required to conform to municipality's land useordinances -- Exceptions -- School districts and charter schools -- Submission ofdevelopment plan and schedule.
(1) (a) Each county, municipality, school district, charter school, local district, specialservice district, and political subdivision of the state shall conform to any applicable land useordinance of any municipality when installing, constructing, operating, or otherwise using anyarea, land, or building situated within that municipality.
(b) In addition to any other remedies provided by law, when a municipality's land useordinance is violated or about to be violated by another political subdivision, that municipalitymay institute an injunction, mandamus, abatement, or other appropriate action or proceeding toprevent, enjoin, abate, or remove the improper installation, improvement, or use.
(2) (a) Notwithstanding Subsection (1), a public transit district under Title 17B, Chapter2a, Part 8, Public Transit District Act, is not required to conform to any applicable land useordinance of a municipality located within the boundaries of a county of the first class whenconstructing a:
(i) rail fixed guideway public transit facility that extends across two or more counties; or
(ii) structure that serves a rail fixed guideway public transit facility that extends acrosstwo or more counties, including:
(A) platforms;
(B) passenger terminals or stations;
(C) park and ride facilities;
(D) maintenance facilities;
(E) all related utility lines, roadways, and other facilities serving the public transitfacility; or
(F) other auxiliary facilities.
(b) The exemption from municipal land use ordinances under this Subsection (2) doesnot extend to any property not necessary for the construction or operation of a rail fixedguideway public transit facility.
(c) A municipality located within the boundaries of a county of the first class may not,through an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, require a publictransit district under Title 17B, Chapter 2a, Part 8, Public Transit District Act, to obtain approvalfrom the municipality prior to constructing a:
(i) rail fixed guideway public transit facility that extends across two or more counties; or
(ii) structure that serves a rail fixed guideway public transit facility that extends acrosstwo or more counties, including:
(A) platforms;
(B) passenger terminals or stations;
(C) park and ride facilities;
(D) maintenance facilities;
(E) all related utility lines, roadways, and other facilities serving the public transitfacility; or
(F) other auxiliary facilities.
(3) (a) Except as provided in Subsection (4), a school district or charter school is subjectto a municipality's land use ordinances.
(b) (i) Notwithstanding Subsection (4), a municipality may:

(A) subject a charter school to standards within each zone pertaining to setback, height,bulk and massing regulations, off-site parking, curb cut, traffic circulation, and constructionstaging; and
(B) impose regulations upon the location of a project that are necessary to avoidunreasonable risks to health or safety, as provided in Subsection (4)(f).
(ii) The standards to which a municipality may subject a charter school under Subsection(3)(b)(i) shall be objective standards only and may not be subjective.
(iii) Except as provided in Subsection (8)(d), the only basis upon which a municipalitymay deny or withhold approval of a charter school's land use application is the charter school'sfailure to comply with a standard imposed under Subsection (3)(b)(i).
(iv) Nothing in Subsection (3)(b)(iii) may be construed to relieve a charter school of anobligation to comply with a requirement of an applicable building or safety code to which it isotherwise obligated to comply.
(4) A municipality may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations, constructionmethods or materials, additional building inspections, municipal building codes, building use foreducational purposes, or the placement or use of temporary classroom facilities on schoolproperty;
(b) except as otherwise provided in this section, require a school district or charter schoolto participate in the cost of any roadway or sidewalk, or a study on the impact of a school on aroadway or sidewalk, that is not reasonably necessary for the safety of school children and notlocated on or contiguous to school property, unless the roadway or sidewalk is required toconnect an otherwise isolated school site to an existing roadway;
(c) require a district or charter school to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges forinspection, unless the school district or charter school is unable to provide for inspection by aninspector, other than the project architect or contractor, who is qualified under criteria establishedby the state superintendent;
(e) require a school district or charter school to pay any impact fee for an improvementproject unless the impact fee is imposed as provided in Title 11, Chapter 36, Impact Fees Act;
(f) impose regulations upon the location of an educational facility except as necessary toavoid unreasonable risks to health or safety; or
(g) for a land use or a structure owned or operated by a school district or charter schoolthat is not an educational facility but is used in support of providing instruction to pupils, imposea regulation that:
(i) is not imposed on a similar land use or structure in the zone in which the land use orstructure is approved; or
(ii) uses the tax exempt status of the school district or charter school as criteria forprohibiting or regulating the land use or location of the structure.
(5) Subject to Section 53A-20-108, a school district or charter school shall coordinate thesiting of a new school with the municipality in which the school is to be located, to:
(a) avoid or mitigate existing and potential traffic hazards, including consideration of theimpacts between the new school and future highways; and
(b) maximize school, student, and site safety.
(6) Notwithstanding Subsection (4)(d), a municipality may, at its discretion:

(a) provide a walk-through of school construction at no cost and at a time convenient tothe district or charter school; and
(b) provide recommendations based upon the walk-through.
(7) (a) Notwithstanding Subsection (4)(d), a school district or charter school shall use:
(i) a municipal building inspector;
(ii) (A) for a school district, a school district building inspector from that school district;or
(B) for a charter school, a school district building inspector from the school district inwhich the charter school is located; or
(iii) an independent, certified building inspector who is:
(A) not an employee of the contractor;
(B) approved by:
(I) a municipal building inspector; or
(II) (Aa) for a school district, a school district building inspector from that schooldistrict; or
(Bb) for a charter school, a school district building inspector from the school district inwhich the charter school is located; and
(C) licensed to perform the inspection that the inspector is requested to perform.
(b) The approval under Subsection (7)(a)(iii)(B) may not be unreasonably withheld.
(c) If a school district or charter school uses a school district or independent buildinginspector under Subsection (7)(a)(ii) or (iii), the school district or charter school shall submit tothe state superintendent of public instruction and municipal building official, on a monthly basisduring construction of the school building, a copy of each inspection certificate regarding theschool building.
(8) (a) A charter school shall be considered a permitted use in all zoning districts withina municipality.
(b) Each land use application for any approval required for a charter school, including anapplication for a building permit, shall be processed on a first priority basis.
(c) Parking requirements for a charter school may not exceed the minimum parkingrequirements for schools or other institutional public uses throughout the municipality.
(d) If a municipality has designated zones for a sexually oriented business, or a businesswhich sells alcohol, a charter school may be prohibited from a location which would otherwisedefeat the purpose for the zone unless the charter school provides a waiver.
(e) (i) A school district or a charter school may seek a certificate authorizing permanentoccupancy of a school building from:
(A) the state superintendent of public instruction, as provided in Subsection53A-20-104(3), if the school district or charter school used an independent building inspector forinspection of the school building; or
(B) a municipal official with authority to issue the certificate, if the school district orcharter school used a municipal building inspector for inspection of the school building.
(ii) A school district may issue its own certificate authorizing permanent occupancy of aschool building if it used its own building inspector for inspection of the school building, subjectto the notification requirement of Subsection 53A-20-104(3)(a)(ii).
(iii) A charter school may seek a certificate authorizing permanent occupancy of a schoolbuilding from a school district official with authority to issue the certificate, if the charter school

used a school district building inspector for inspection of the school building.
(iv) A certificate authorizing permanent occupancy issued by the state superintendent ofpublic instruction under Subsection 53A-20-104(3) or a school district official with authority toissue the certificate shall be considered to satisfy any municipal requirement for an inspection ora certificate of occupancy.
(9) (a) A specified public agency intending to develop its land shall submit to the landuse authority a development plan and schedule:
(i) as early as practicable in the development process, but no later than thecommencement of construction; and
(ii) with sufficient detail to enable the land use authority to assess:
(A) the specified public agency's compliance with applicable land use ordinances;
(B) the demand for public facilities listed in Subsections 11-36-102(14)(a), (b), (c), (d),(e), and (g) caused by the development;
(C) the amount of any applicable fee listed in Subsection 10-9a-510(5);
(D) any credit against an impact fee; and
(E) the potential for waiving an impact fee.
(b) The land use authority shall respond to a specified public agency's submission underSubsection (9)(a) with reasonable promptness in order to allow the specified public agency toconsider information the municipality provides under Subsection (9)(a)(ii) in the process ofpreparing the budget for the development.
(10) Nothing in this section may be construed to modify or supersede Section 10-9a-304.

Amended by Chapter 203, 2010 General Session
Amended by Chapter 330, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-10 > Chapter-09a > 10-9a-305

10-9a-305. Other entities required to conform to municipality's land useordinances -- Exceptions -- School districts and charter schools -- Submission ofdevelopment plan and schedule.
(1) (a) Each county, municipality, school district, charter school, local district, specialservice district, and political subdivision of the state shall conform to any applicable land useordinance of any municipality when installing, constructing, operating, or otherwise using anyarea, land, or building situated within that municipality.
(b) In addition to any other remedies provided by law, when a municipality's land useordinance is violated or about to be violated by another political subdivision, that municipalitymay institute an injunction, mandamus, abatement, or other appropriate action or proceeding toprevent, enjoin, abate, or remove the improper installation, improvement, or use.
(2) (a) Notwithstanding Subsection (1), a public transit district under Title 17B, Chapter2a, Part 8, Public Transit District Act, is not required to conform to any applicable land useordinance of a municipality located within the boundaries of a county of the first class whenconstructing a:
(i) rail fixed guideway public transit facility that extends across two or more counties; or
(ii) structure that serves a rail fixed guideway public transit facility that extends acrosstwo or more counties, including:
(A) platforms;
(B) passenger terminals or stations;
(C) park and ride facilities;
(D) maintenance facilities;
(E) all related utility lines, roadways, and other facilities serving the public transitfacility; or
(F) other auxiliary facilities.
(b) The exemption from municipal land use ordinances under this Subsection (2) doesnot extend to any property not necessary for the construction or operation of a rail fixedguideway public transit facility.
(c) A municipality located within the boundaries of a county of the first class may not,through an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, require a publictransit district under Title 17B, Chapter 2a, Part 8, Public Transit District Act, to obtain approvalfrom the municipality prior to constructing a:
(i) rail fixed guideway public transit facility that extends across two or more counties; or
(ii) structure that serves a rail fixed guideway public transit facility that extends acrosstwo or more counties, including:
(A) platforms;
(B) passenger terminals or stations;
(C) park and ride facilities;
(D) maintenance facilities;
(E) all related utility lines, roadways, and other facilities serving the public transitfacility; or
(F) other auxiliary facilities.
(3) (a) Except as provided in Subsection (4), a school district or charter school is subjectto a municipality's land use ordinances.
(b) (i) Notwithstanding Subsection (4), a municipality may:

(A) subject a charter school to standards within each zone pertaining to setback, height,bulk and massing regulations, off-site parking, curb cut, traffic circulation, and constructionstaging; and
(B) impose regulations upon the location of a project that are necessary to avoidunreasonable risks to health or safety, as provided in Subsection (4)(f).
(ii) The standards to which a municipality may subject a charter school under Subsection(3)(b)(i) shall be objective standards only and may not be subjective.
(iii) Except as provided in Subsection (8)(d), the only basis upon which a municipalitymay deny or withhold approval of a charter school's land use application is the charter school'sfailure to comply with a standard imposed under Subsection (3)(b)(i).
(iv) Nothing in Subsection (3)(b)(iii) may be construed to relieve a charter school of anobligation to comply with a requirement of an applicable building or safety code to which it isotherwise obligated to comply.
(4) A municipality may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations, constructionmethods or materials, additional building inspections, municipal building codes, building use foreducational purposes, or the placement or use of temporary classroom facilities on schoolproperty;
(b) except as otherwise provided in this section, require a school district or charter schoolto participate in the cost of any roadway or sidewalk, or a study on the impact of a school on aroadway or sidewalk, that is not reasonably necessary for the safety of school children and notlocated on or contiguous to school property, unless the roadway or sidewalk is required toconnect an otherwise isolated school site to an existing roadway;
(c) require a district or charter school to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges forinspection, unless the school district or charter school is unable to provide for inspection by aninspector, other than the project architect or contractor, who is qualified under criteria establishedby the state superintendent;
(e) require a school district or charter school to pay any impact fee for an improvementproject unless the impact fee is imposed as provided in Title 11, Chapter 36, Impact Fees Act;
(f) impose regulations upon the location of an educational facility except as necessary toavoid unreasonable risks to health or safety; or
(g) for a land use or a structure owned or operated by a school district or charter schoolthat is not an educational facility but is used in support of providing instruction to pupils, imposea regulation that:
(i) is not imposed on a similar land use or structure in the zone in which the land use orstructure is approved; or
(ii) uses the tax exempt status of the school district or charter school as criteria forprohibiting or regulating the land use or location of the structure.
(5) Subject to Section 53A-20-108, a school district or charter school shall coordinate thesiting of a new school with the municipality in which the school is to be located, to:
(a) avoid or mitigate existing and potential traffic hazards, including consideration of theimpacts between the new school and future highways; and
(b) maximize school, student, and site safety.
(6) Notwithstanding Subsection (4)(d), a municipality may, at its discretion:

(a) provide a walk-through of school construction at no cost and at a time convenient tothe district or charter school; and
(b) provide recommendations based upon the walk-through.
(7) (a) Notwithstanding Subsection (4)(d), a school district or charter school shall use:
(i) a municipal building inspector;
(ii) (A) for a school district, a school district building inspector from that school district;or
(B) for a charter school, a school district building inspector from the school district inwhich the charter school is located; or
(iii) an independent, certified building inspector who is:
(A) not an employee of the contractor;
(B) approved by:
(I) a municipal building inspector; or
(II) (Aa) for a school district, a school district building inspector from that schooldistrict; or
(Bb) for a charter school, a school district building inspector from the school district inwhich the charter school is located; and
(C) licensed to perform the inspection that the inspector is requested to perform.
(b) The approval under Subsection (7)(a)(iii)(B) may not be unreasonably withheld.
(c) If a school district or charter school uses a school district or independent buildinginspector under Subsection (7)(a)(ii) or (iii), the school district or charter school shall submit tothe state superintendent of public instruction and municipal building official, on a monthly basisduring construction of the school building, a copy of each inspection certificate regarding theschool building.
(8) (a) A charter school shall be considered a permitted use in all zoning districts withina municipality.
(b) Each land use application for any approval required for a charter school, including anapplication for a building permit, shall be processed on a first priority basis.
(c) Parking requirements for a charter school may not exceed the minimum parkingrequirements for schools or other institutional public uses throughout the municipality.
(d) If a municipality has designated zones for a sexually oriented business, or a businesswhich sells alcohol, a charter school may be prohibited from a location which would otherwisedefeat the purpose for the zone unless the charter school provides a waiver.
(e) (i) A school district or a charter school may seek a certificate authorizing permanentoccupancy of a school building from:
(A) the state superintendent of public instruction, as provided in Subsection53A-20-104(3), if the school district or charter school used an independent building inspector forinspection of the school building; or
(B) a municipal official with authority to issue the certificate, if the school district orcharter school used a municipal building inspector for inspection of the school building.
(ii) A school district may issue its own certificate authorizing permanent occupancy of aschool building if it used its own building inspector for inspection of the school building, subjectto the notification requirement of Subsection 53A-20-104(3)(a)(ii).
(iii) A charter school may seek a certificate authorizing permanent occupancy of a schoolbuilding from a school district official with authority to issue the certificate, if the charter school

used a school district building inspector for inspection of the school building.
(iv) A certificate authorizing permanent occupancy issued by the state superintendent ofpublic instruction under Subsection 53A-20-104(3) or a school district official with authority toissue the certificate shall be considered to satisfy any municipal requirement for an inspection ora certificate of occupancy.
(9) (a) A specified public agency intending to develop its land shall submit to the landuse authority a development plan and schedule:
(i) as early as practicable in the development process, but no later than thecommencement of construction; and
(ii) with sufficient detail to enable the land use authority to assess:
(A) the specified public agency's compliance with applicable land use ordinances;
(B) the demand for public facilities listed in Subsections 11-36-102(14)(a), (b), (c), (d),(e), and (g) caused by the development;
(C) the amount of any applicable fee listed in Subsection 10-9a-510(5);
(D) any credit against an impact fee; and
(E) the potential for waiving an impact fee.
(b) The land use authority shall respond to a specified public agency's submission underSubsection (9)(a) with reasonable promptness in order to allow the specified public agency toconsider information the municipality provides under Subsection (9)(a)(ii) in the process ofpreparing the budget for the development.
(10) Nothing in this section may be construed to modify or supersede Section 10-9a-304.

Amended by Chapter 203, 2010 General Session
Amended by Chapter 330, 2010 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-10 > Chapter-09a > 10-9a-305

10-9a-305. Other entities required to conform to municipality's land useordinances -- Exceptions -- School districts and charter schools -- Submission ofdevelopment plan and schedule.
(1) (a) Each county, municipality, school district, charter school, local district, specialservice district, and political subdivision of the state shall conform to any applicable land useordinance of any municipality when installing, constructing, operating, or otherwise using anyarea, land, or building situated within that municipality.
(b) In addition to any other remedies provided by law, when a municipality's land useordinance is violated or about to be violated by another political subdivision, that municipalitymay institute an injunction, mandamus, abatement, or other appropriate action or proceeding toprevent, enjoin, abate, or remove the improper installation, improvement, or use.
(2) (a) Notwithstanding Subsection (1), a public transit district under Title 17B, Chapter2a, Part 8, Public Transit District Act, is not required to conform to any applicable land useordinance of a municipality located within the boundaries of a county of the first class whenconstructing a:
(i) rail fixed guideway public transit facility that extends across two or more counties; or
(ii) structure that serves a rail fixed guideway public transit facility that extends acrosstwo or more counties, including:
(A) platforms;
(B) passenger terminals or stations;
(C) park and ride facilities;
(D) maintenance facilities;
(E) all related utility lines, roadways, and other facilities serving the public transitfacility; or
(F) other auxiliary facilities.
(b) The exemption from municipal land use ordinances under this Subsection (2) doesnot extend to any property not necessary for the construction or operation of a rail fixedguideway public transit facility.
(c) A municipality located within the boundaries of a county of the first class may not,through an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, require a publictransit district under Title 17B, Chapter 2a, Part 8, Public Transit District Act, to obtain approvalfrom the municipality prior to constructing a:
(i) rail fixed guideway public transit facility that extends across two or more counties; or
(ii) structure that serves a rail fixed guideway public transit facility that extends acrosstwo or more counties, including:
(A) platforms;
(B) passenger terminals or stations;
(C) park and ride facilities;
(D) maintenance facilities;
(E) all related utility lines, roadways, and other facilities serving the public transitfacility; or
(F) other auxiliary facilities.
(3) (a) Except as provided in Subsection (4), a school district or charter school is subjectto a municipality's land use ordinances.
(b) (i) Notwithstanding Subsection (4), a municipality may:

(A) subject a charter school to standards within each zone pertaining to setback, height,bulk and massing regulations, off-site parking, curb cut, traffic circulation, and constructionstaging; and
(B) impose regulations upon the location of a project that are necessary to avoidunreasonable risks to health or safety, as provided in Subsection (4)(f).
(ii) The standards to which a municipality may subject a charter school under Subsection(3)(b)(i) shall be objective standards only and may not be subjective.
(iii) Except as provided in Subsection (8)(d), the only basis upon which a municipalitymay deny or withhold approval of a charter school's land use application is the charter school'sfailure to comply with a standard imposed under Subsection (3)(b)(i).
(iv) Nothing in Subsection (3)(b)(iii) may be construed to relieve a charter school of anobligation to comply with a requirement of an applicable building or safety code to which it isotherwise obligated to comply.
(4) A municipality may not:
(a) impose requirements for landscaping, fencing, aesthetic considerations, constructionmethods or materials, additional building inspections, municipal building codes, building use foreducational purposes, or the placement or use of temporary classroom facilities on schoolproperty;
(b) except as otherwise provided in this section, require a school district or charter schoolto participate in the cost of any roadway or sidewalk, or a study on the impact of a school on aroadway or sidewalk, that is not reasonably necessary for the safety of school children and notlocated on or contiguous to school property, unless the roadway or sidewalk is required toconnect an otherwise isolated school site to an existing roadway;
(c) require a district or charter school to pay fees not authorized by this section;
(d) provide for inspection of school construction or assess a fee or other charges forinspection, unless the school district or charter school is unable to provide for inspection by aninspector, other than the project architect or contractor, who is qualified under criteria establishedby the state superintendent;
(e) require a school district or charter school to pay any impact fee for an improvementproject unless the impact fee is imposed as provided in Title 11, Chapter 36, Impact Fees Act;
(f) impose regulations upon the location of an educational facility except as necessary toavoid unreasonable risks to health or safety; or
(g) for a land use or a structure owned or operated by a school district or charter schoolthat is not an educational facility but is used in support of providing instruction to pupils, imposea regulation that:
(i) is not imposed on a similar land use or structure in the zone in which the land use orstructure is approved; or
(ii) uses the tax exempt status of the school district or charter school as criteria forprohibiting or regulating the land use or location of the structure.
(5) Subject to Section 53A-20-108, a school district or charter school shall coordinate thesiting of a new school with the municipality in which the school is to be located, to:
(a) avoid or mitigate existing and potential traffic hazards, including consideration of theimpacts between the new school and future highways; and
(b) maximize school, student, and site safety.
(6) Notwithstanding Subsection (4)(d), a municipality may, at its discretion:

(a) provide a walk-through of school construction at no cost and at a time convenient tothe district or charter school; and
(b) provide recommendations based upon the walk-through.
(7) (a) Notwithstanding Subsection (4)(d), a school district or charter school shall use:
(i) a municipal building inspector;
(ii) (A) for a school district, a school district building inspector from that school district;or
(B) for a charter school, a school district building inspector from the school district inwhich the charter school is located; or
(iii) an independent, certified building inspector who is:
(A) not an employee of the contractor;
(B) approved by:
(I) a municipal building inspector; or
(II) (Aa) for a school district, a school district building inspector from that schooldistrict; or
(Bb) for a charter school, a school district building inspector from the school district inwhich the charter school is located; and
(C) licensed to perform the inspection that the inspector is requested to perform.
(b) The approval under Subsection (7)(a)(iii)(B) may not be unreasonably withheld.
(c) If a school district or charter school uses a school district or independent buildinginspector under Subsection (7)(a)(ii) or (iii), the school district or charter school shall submit tothe state superintendent of public instruction and municipal building official, on a monthly basisduring construction of the school building, a copy of each inspection certificate regarding theschool building.
(8) (a) A charter school shall be considered a permitted use in all zoning districts withina municipality.
(b) Each land use application for any approval required for a charter school, including anapplication for a building permit, shall be processed on a first priority basis.
(c) Parking requirements for a charter school may not exceed the minimum parkingrequirements for schools or other institutional public uses throughout the municipality.
(d) If a municipality has designated zones for a sexually oriented business, or a businesswhich sells alcohol, a charter school may be prohibited from a location which would otherwisedefeat the purpose for the zone unless the charter school provides a waiver.
(e) (i) A school district or a charter school may seek a certificate authorizing permanentoccupancy of a school building from:
(A) the state superintendent of public instruction, as provided in Subsection53A-20-104(3), if the school district or charter school used an independent building inspector forinspection of the school building; or
(B) a municipal official with authority to issue the certificate, if the school district orcharter school used a municipal building inspector for inspection of the school building.
(ii) A school district may issue its own certificate authorizing permanent occupancy of aschool building if it used its own building inspector for inspection of the school building, subjectto the notification requirement of Subsection 53A-20-104(3)(a)(ii).
(iii) A charter school may seek a certificate authorizing permanent occupancy of a schoolbuilding from a school district official with authority to issue the certificate, if the charter school

used a school district building inspector for inspection of the school building.
(iv) A certificate authorizing permanent occupancy issued by the state superintendent ofpublic instruction under Subsection 53A-20-104(3) or a school district official with authority toissue the certificate shall be considered to satisfy any municipal requirement for an inspection ora certificate of occupancy.
(9) (a) A specified public agency intending to develop its land shall submit to the landuse authority a development plan and schedule:
(i) as early as practicable in the development process, but no later than thecommencement of construction; and
(ii) with sufficient detail to enable the land use authority to assess:
(A) the specified public agency's compliance with applicable land use ordinances;
(B) the demand for public facilities listed in Subsections 11-36-102(14)(a), (b), (c), (d),(e), and (g) caused by the development;
(C) the amount of any applicable fee listed in Subsection 10-9a-510(5);
(D) any credit against an impact fee; and
(E) the potential for waiving an impact fee.
(b) The land use authority shall respond to a specified public agency's submission underSubsection (9)(a) with reasonable promptness in order to allow the specified public agency toconsider information the municipality provides under Subsection (9)(a)(ii) in the process ofpreparing the budget for the development.
(10) Nothing in this section may be construed to modify or supersede Section 10-9a-304.

Amended by Chapter 203, 2010 General Session
Amended by Chapter 330, 2010 General Session


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