2006 Utah Code - 17A-2-104 — Notice before preparing or amending a long-range plan or acquiring certain property.

     17A-2-104.   Notice before preparing or amending a long-range plan or acquiring certain property.
     (1) As used in this section:
     (a) (i) "Affected entity" means each county, municipality, independent special district under this chapter, local district under Title 17B, Chapter 2, Local Districts, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, and specified public utility:
     (A) whose services or facilities are likely to require expansion or significant modification because of an intended use of land; or
     (B) that has filed with the independent special district a copy of the general or long-range plan of the county, municipality, independent special district, local district, school district, interlocal cooperation entity, or specified public utility.
     (ii) "Affected entity" does not include the independent special district that is required under this section to provide notice.
     (b) "Specified public utility" means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1.
     (2) (a) If an independent special district under this chapter located in a county of the first or second class prepares a long-range plan regarding its facilities proposed for the future or amends an already existing long-range plan, the independent special district shall, before preparing a long-range plan or amendments to an existing long-range plan, provide written notice, as provided in this section, of its intent to prepare a long-range plan or to amend an existing long-range plan.
     (b) Each notice under Subsection (2) shall:
     (i) indicate that the independent special district intends to prepare a long-range plan or to amend a long-range plan, as the case may be;
     (ii) describe or provide a map of the geographic area that will be affected by the long-range plan or amendments to a long-range plan;
     (iii) be sent to:
     (A) each county in whose unincorporated area and each municipality in whose boundaries is located the land on which the proposed long-range plan or amendments to a long-range plan are expected to indicate that the proposed facilities will be located;
     (B) each affected entity;
     (C) the Automated Geographic Reference Center created in Section 63F-1-506;
     (D) each association of governments, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality described in Subsection (2)(b)(iii)(A) is a member; and
     (E) the state planning coordinator appointed under Section 63-38d-202;
     (iv) with respect to the notice to counties and municipalities described in Subsection (2)(b)(iii)(A) and affected entities, invite them to provide information for the independent special district to consider in the process of preparing, adopting, and implementing the long-range plan or amendments to a long-range plan concerning:
     (A) impacts that the use of land proposed in the proposed long-range plan or amendments to a long-range plan may have on the county, municipality, or affected entity; and
     (B) uses of land that the county, municipality, or affected entity is planning or considering that may conflict with the proposed long-range plan or amendments to a long-range

plan; and
     (v) include the address of an Internet website, if the independent special district has one, and the name and telephone number of a person where more information can be obtained concerning the independent special district's proposed long-range plan or amendments to a long-range plan.
     (3) (a) Except as provided in Subsection (3)(d), each independent special district intending to acquire real property in a county of the first or second class for the purpose of expanding the district's infrastructure or other facilities used for providing the services that the district is authorized to provide shall provide written notice, as provided in this Subsection (3), of its intent to acquire the property if the intended use of the property is contrary to:
     (i) the anticipated use of the property under the county or municipality's general plan; or
     (ii) the property's current zoning designation.
     (b) Each notice under Subsection (3)(a) shall:
     (i) indicate that the independent special district intends to acquire real property;
     (ii) identify the real property; and
     (iii) be sent to:
     (A) each county in whose unincorporated area and each municipality in whose boundaries the property is located; and
     (B) each affected entity.
     (c) A notice under this Subsection (3) is a protected record as provided in Subsection 63-2-304(7).
     (d) (i) The notice requirement of Subsection (3)(a) does not apply if the independent special district previously provided notice under Subsection (2) identifying the general location within the municipality or unincorporated part of the county where the property to be acquired is located.
     (ii) If an independent special district is not required to comply with the notice requirement of Subsection (3)(a) because of application of Subsection (3)(d)(i), the independent special district shall provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real property.

Amended by Chapter 169, 2005 General Session