13-1-9 Adoption Procedures.
A. Adopting or Amending the Infrastructure Improvements Plan. The infrastructure improvements plan shall be adopted or amended subject to the following procedures:
1. Major Amendments to the Infrastructure Improvements Plan. Except as provided in subsection (A)(2) of this section, the adoption or amendment of an infrastructure improvements plan shall occur at one (1) or more public hearings according to the following schedule, and may occur concurrently with the adoption of an update of the Town’s land use assumptions as provided in Section 13-1-7:
a. Sixty (60) days before the first public hearing regarding a new or updated infrastructure improvements plan, the Town shall provide public notice of the hearing and post the infrastructure improvements plan and the underlying land use assumptions on its website; the Town shall additionally make available to the public the documents used to prepare the infrastructure improvements plan and underlying land use assumptions and the amount of any proposed changes to the plan-based cost per service unit.
b. The Town shall conduct a public hearing on the infrastructure improvements plan and underlying land use assumptions.
c. The Town shall approve or disapprove the infrastructure improvements plan within sixty (60) days, but no sooner than thirty (30) days, after the public hearing. If the document was amended as a result of the public hearing, the revised infrastructure improvements plan shall be posted on the Town’s public website at least fifteen (15) days prior to the meeting.
2. Minor Amendments to the Infrastructure Improvements Plan. Notwithstanding the other requirements of this section, the Town may update the infrastructure improvements plan and/or its underlying land use assumptions without a public hearing if all of the following apply:
a. The changes in the infrastructure improvements plan and/or the underlying land use assumptions will not add any new category of necessary public services to any service area.
b. The changes in the infrastructure improvements plan and/or the underlying land use assumptions will not increase the level of service to be provided in any service area.
c. Based on a written analysis, the changes in the infrastructure improvements plan and/or the underlying land use assumptions would not, individually or cumulatively with other amendments undertaken pursuant to this subsection, have caused a development fee in any service area to have been increased by more than five (5) percent above the development fee that is provided in the current development fee schedule.
d. At least thirty (30) days prior to the date that any amendment pursuant to this section is adopted, the Town shall post the proposed amendments on the Town website.
B. Adopting or Amending the Fees. Any adoption or amendment of a fee schedule shall occur at one (1) or more public hearings according to the following schedule:
1. The first public hearing on the fee schedule must be held at least thirty (30) days after the adoption or approval of the infrastructure improvements plan as provided in subsection (A) of this section. The Town must give at least thirty (30) days’ notice prior to the hearing; provided, that this notice may be given on the same day as the approval or disapproval of the infrastructure improvements plan.
2. The Town shall make the fee schedule available to the public on the Town’s website thirty (30) days prior to the public hearing described in subsection (B)(1) of this section.
3. The fee schedule may be adopted by the Town no sooner than thirty (30) days, and no later than sixty (60) days, after the hearing described in subsection (B)(1) of this section. If the fee schedule was amended as a result of the public hearing, the revised fee schedule shall be posted on the Town’s public website at least fifteen (15) days prior to the meeting.
4. The development fee schedule adopted pursuant to this subsection shall become effective no earlier than seventy-five (75) days after adoption of the fee schedule by the Town. ((O)14-04, 04/02/2014)