9-461.11. Extraterritorial jurisdiction; development plans

A. In any county not having a county planning agency with jurisdiction in the unincorporated territory, the legislative body of any municipality may exercise the planning powers granted in this article both to territory within its corporate limits and to that which extends a distance of three contiguous miles in all directions of its corporate limits and is not located in a municipality. Any ordinance intended to have application beyond the corporate limits of the municipality shall expressly state the intention of such applications. Such ordinance shall be adopted in accordance with the provisions set forth therein.

B. The extraterritorial jurisdiction of two or more municipalities whose territorial boundaries are less than six miles apart terminates at a boundary line equidistant from the respective corporate limits of such municipalities, or at such line as is agreed to by the legislative bodies of the respective municipalities.

C. As a prerequisite to the exercise of extraterritorial jurisdiction, the membership of the planning agency charged with the preparation or administration of proposed comprehensive planning for the area of extraterritorial jurisdiction shall be increased to include at least two additional members to represent the unincorporated area. Any additional member shall be a resident of the extraterritorial jurisdiction area outside the corporate limits and shall be appointed by the board of supervisors of the county wherein the unincorporated area is situated. Any such member shall have equal rights, privileges and duties with other members of the planning agency in all matters pertaining to the plans and regulations of the unincorporated area in which they reside both in preparation of the original plans and regulations and in consideration of any proposed amendments to such plans and regulations.

D. Any municipal legislative body exercising the powers granted by this section may provide for the enforcement of its regulations for the area of extraterritorial jurisdiction in the same manner as the regulations for the area within the municipality are enforced.

E. A county may enter into an intergovernmental agreement under the provisions of title 11, chapter 7, article 3 with any tribal government, city or town within the county for the following purposes:

1. Adoption of a joint development plan that may include land use, circulation, conservation, recreation, transportation and transit, public services and facilities, housing, economic development and public safety.

2. Adoption of a planning program addressing the timing and sequencing of public facilities and services to serve new and existing development and the staging of development in accordance with the availability of public facilities and services.

3. Adoption of a capital improvements program containing the following components:

(a) Identification of capital improvements needed to serve new development based on adopted service levels and adequate facilities standards for roads and sewer, water and drainage facilities.

(b) Estimated costs of construction of capital improvements and the timing of construction, expansion or extension of such facilities.

(c) Projected funding sources for capital improvements for each type of facility.

4. Implementation of the joint development plan through the exercise of planning, zoning, subdivision or land division regulatory powers conferred by law on cities, towns or counties.

5. Implementation of the capital improvements program through any of the following:

(a) Special assessment and county or municipal improvement districts.

(b) Development fees.

(c) Development agreements.

(d) Utility fees and excise taxes.

(e) Any other powers to finance capital improvements by cities or counties conferred by law.

The agreement shall specify how revenues derived from such measures are to be apportioned between the county and city and how such revenues are to be expended and accounted for.

F. The planning, zoning, subdivision or land division regulatory powers under subsection E, paragraph 4 may be exercised by any agency of the city, town or county as designated in the intergovernmental agreement. The agreement shall provide for:

1. A method of assuring owners of private lands or improvements affected by a joint development plan that:

(a) The exercise of any power conferred upon a city or county pursuant to the establishment of a joint development plan shall not impair or diminish the legal vested rights of any affected property owner.

(b) The county shall not require as a condition of development approval of the construction of any public facility or other exaction which has been included in the calculation of a development fee enacted pursuant to a development fee ordinance unless a credit or reimbursement has been made for the reasonable or excess value of included facilities advanced, dedicated or improved by a developer.

(c) No moratorium on final approval of subdivision plats, building permits or certificates of occupancy shall be adopted pending the adoption of the joint development plan.

(d) A property owner shall be afforded the opportunity at a public hearing held prior to adoption and implementation of the joint development plan to present information and evidence related to any alleged deprivation of the economically viable use of the property. If on the basis of the information and evidence presented there is reason to believe adoption or implementation of the joint development plan may result in a significant deprivation of the economically viable use of the property, adoption or implementation of the plan shall be postponed pending investigation and resolution of the alleged deprivation.

2. A method of notifying affected persons, including governmental entities, of public hearings on development decisions within the joint planning area.

3. A method of circulating development applications and recommendations for action for review by affected persons, including governmental entities.

4. Provisions for appearances at public hearings.

5. Provisions for defining aggrieved party status for administrative or judicial appeal of development decisions.

G. Notwithstanding any other extraterritorial jurisdictional limitations, the authority of an intergovernmental agreement made pursuant to subsection E may extend to a distance of twenty contiguous miles in any direction from the corporate limits of the city or town entering into such intergovernmental agreement with a county provided that the joint development plan shall apply to at least one of the following:

1. An area of the county within a three mile radius of the corporate limits of the city or town.

2. An area of the county within a three mile radius of an unincorporated population center where there is a reasonable expectation of annual population growth of at least six per cent using for purposes of projection the most recent United States decennial or special census.

3. Any area within the extraterritorial jurisdiction if all the property owners consent in writing to inclusion in the development plan.