1. (1) If a local political subdivision chooses to prepare an independent impact fee facilities plan rather than include an impact fee facilities element in the general plan in accordance with Section 11-36a-301, the local political subdivision shall, before adopting or amending the impact fee facilities plan:

   1. (a) give public notice, in accordance with Subsection (2), of the plan or amendment at least 10 days before the day on which the public hearing described in Subsection (1)(d) is scheduled;
   2. (b) make a copy of the plan or amendment, together with a summary designed to be understood by a lay person, available to the public;
   3. (c) place a copy of the plan or amendment and summary in each public library within the local political subdivision; and
   4. (d) hold a public hearing to hear public comment on the plan or amendment.

2. (2) With respect to the public notice required under Subsection (1)(a):

   1. (a) each municipality shall comply with the notice and hearing requirements of, and, except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Sections 10-20-205 and 10-20-1109 and Subsection 10-20-502(2);
   2. (b) each county shall comply with the notice and hearing requirements of, and, except as provided in Subsection 11-36a-701(3)(b)(ii), receive the protections of Sections 17-79-205 and 17-79-1009 and Subsection 17-79-502(2); and
   3. (c) each special district, special service district, and private entity shall comply with the notice and hearing requirements of, and receive the protections of, Section 17B-1-111.
3. (3) Nothing contained in this section or Section 11-36a-503 may be construed to require involvement by a planning commission in the impact fee facilities planning process.

Amended by Chapter 15, 2025 Special Session 1