Section 205 - Applicability of other law -- Cooperation of state and local governments -- Municipality to consider board input -- Prohibition relating to natural resources -- Inland port as permitted or conditional use -- Municipal services -- Sharing property tax differential -- Disclosure by nonauthority governing body member.

UT Code § 11-58-205 (2019) (N/A)
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(1) Except as provided in Part 4, Appeals to Appeals Panel, the authority does not have and may not exercise any powers relating to the regulation of land uses on the authority jurisdictional land.

(2) The authority is subject to and governed by Sections 63E-2-106, 63E-2-107, 63E-2-108, 63E-2-109, 63E-2-110, and 63E-2-111, but is not otherwise subject to or governed by Title 63E, Independent Entities Code.

(3) A department, division, or other agency of the state and a political subdivision of the state shall cooperate with the authority to the fullest extent possible to provide whatever support, information, or other assistance the board requests that is reasonably necessary to help the authority fulfill its duties and responsibilities under this chapter.

(4) In making decisions affecting the authority jurisdictional land, the legislative body of a municipality in which the authority jurisdictional land is located shall consider input from the authority board.

(5) (a) No later than December 31, 2018, the ordinances of a municipality with authority jurisdictional land within its boundary shall allow an inland port as a permitted or conditional use, subject to standards that are: (i) determined by the municipality; and (ii) consistent with the policies and objectives stated in Subsection 11-58-203(1). (b) A municipality whose ordinances do not comply with Subsection (5)(a) within the time prescribed in that subsection shall allow an inland port as a permitted use without regard to any contrary provision in the municipality's land use ordinances.

(a) No later than December 31, 2018, the ordinances of a municipality with authority jurisdictional land within its boundary shall allow an inland port as a permitted or conditional use, subject to standards that are: (i) determined by the municipality; and (ii) consistent with the policies and objectives stated in Subsection 11-58-203(1).

(i) determined by the municipality; and

(ii) consistent with the policies and objectives stated in Subsection 11-58-203(1).

(b) A municipality whose ordinances do not comply with Subsection (5)(a) within the time prescribed in that subsection shall allow an inland port as a permitted use without regard to any contrary provision in the municipality's land use ordinances.

(6) The transporting, unloading, loading, transfer, or temporary storage of natural resources may not be prohibited on the authority jurisdictional land.

(7) (a) (i) A municipality whose boundary includes authority jurisdictional land shall provide the same municipal services to the area of the municipality that is within the authority jurisdictional land as the municipality provides to other areas of the municipality with similar zoning and a similar development level. (ii) The level and quality of municipal services that a municipality provides within authority jurisdictional land shall be fairly and reasonably consistent with the level and quality of municipal services that the municipality provides to other areas of the municipality with similar zoning and a similar development level. (b) (i) The board shall negotiate and enter into an agreement with a municipality providing municipal services, as described in Subsection (7)(a), with respect to the appropriate amount of property tax differential the authority should share with the municipality to cover the cost of providing those municipal services. (ii) Under an agreement described in Subsection (7)(b)(i), the board and municipality shall establish a method of determining the amount of property tax differential the authority shares over time with a municipality to cover the cost of providing municipal services, taking into account: (A) the cost of those services as documented in the audited financial statements under Subsection (7)(c); and (B) the variable level of need for those services within the authority jurisdictional land depending on the level, amount, and location of development and other relevant factors. (c) A municipality providing municipal services, as described in Subsection (7)(a), shall, as requested by the board, provide the board audited financial statements documenting the cost of the municipal services the municipality provides within the authority jurisdictional land.

(a) (i) A municipality whose boundary includes authority jurisdictional land shall provide the same municipal services to the area of the municipality that is within the authority jurisdictional land as the municipality provides to other areas of the municipality with similar zoning and a similar development level. (ii) The level and quality of municipal services that a municipality provides within authority jurisdictional land shall be fairly and reasonably consistent with the level and quality of municipal services that the municipality provides to other areas of the municipality with similar zoning and a similar development level.

(i) A municipality whose boundary includes authority jurisdictional land shall provide the same municipal services to the area of the municipality that is within the authority jurisdictional land as the municipality provides to other areas of the municipality with similar zoning and a similar development level.

(ii) The level and quality of municipal services that a municipality provides within authority jurisdictional land shall be fairly and reasonably consistent with the level and quality of municipal services that the municipality provides to other areas of the municipality with similar zoning and a similar development level.

(b) (i) The board shall negotiate and enter into an agreement with a municipality providing municipal services, as described in Subsection (7)(a), with respect to the appropriate amount of property tax differential the authority should share with the municipality to cover the cost of providing those municipal services. (ii) Under an agreement described in Subsection (7)(b)(i), the board and municipality shall establish a method of determining the amount of property tax differential the authority shares over time with a municipality to cover the cost of providing municipal services, taking into account: (A) the cost of those services as documented in the audited financial statements under Subsection (7)(c); and (B) the variable level of need for those services within the authority jurisdictional land depending on the level, amount, and location of development and other relevant factors.

(i) The board shall negotiate and enter into an agreement with a municipality providing municipal services, as described in Subsection (7)(a), with respect to the appropriate amount of property tax differential the authority should share with the municipality to cover the cost of providing those municipal services.

(ii) Under an agreement described in Subsection (7)(b)(i), the board and municipality shall establish a method of determining the amount of property tax differential the authority shares over time with a municipality to cover the cost of providing municipal services, taking into account: (A) the cost of those services as documented in the audited financial statements under Subsection (7)(c); and (B) the variable level of need for those services within the authority jurisdictional land depending on the level, amount, and location of development and other relevant factors.

(A) the cost of those services as documented in the audited financial statements under Subsection (7)(c); and

(B) the variable level of need for those services within the authority jurisdictional land depending on the level, amount, and location of development and other relevant factors.

(c) A municipality providing municipal services, as described in Subsection (7)(a), shall, as requested by the board, provide the board audited financial statements documenting the cost of the municipal services the municipality provides within the authority jurisdictional land.

(8) (a) The board shall negotiate and enter into an agreement with a municipality or other taxing entity in which the authority jurisdictional land is located to share some of the increase in property tax differential that occurs over time as development occurs and the amount of property tax revenue increases. (b) In an agreement described in Subsection (8)(a), the board and municipality or other taxing entity shall establish a method of determining the amount of property tax differential the authority shares over time to allow the municipality or other taxing entity to share in the benefit from increasing property tax revenue.

(a) The board shall negotiate and enter into an agreement with a municipality or other taxing entity in which the authority jurisdictional land is located to share some of the increase in property tax differential that occurs over time as development occurs and the amount of property tax revenue increases.

(b) In an agreement described in Subsection (8)(a), the board and municipality or other taxing entity shall establish a method of determining the amount of property tax differential the authority shares over time to allow the municipality or other taxing entity to share in the benefit from increasing property tax revenue.

(9) The board may consult with other taxing entities, in addition to a municipality under Subsection (7), for the purpose of receiving input from those taxing entities on the appropriate allocation of property tax differential, considering the needs of the authority and the needs of the other taxing entities.

(10) (a) The board shall review and reassess the amount of property tax differential the authority retains and the amount the authority shares with other taxing entities so that the authority retains property tax differential it reasonably needs to meet its responsibilities and purposes and adjusts the amount the authority shares with other taxing entities accordingly. (b) The board shall meet with taxing entities to review and reassess, as provided in Subsection (10)(a): (i) before December 31, 2020; and (ii) at least every other year after 2020.

(a) The board shall review and reassess the amount of property tax differential the authority retains and the amount the authority shares with other taxing entities so that the authority retains property tax differential it reasonably needs to meet its responsibilities and purposes and adjusts the amount the authority shares with other taxing entities accordingly.

(b) The board shall meet with taxing entities to review and reassess, as provided in Subsection (10)(a): (i) before December 31, 2020; and (ii) at least every other year after 2020.

(i) before December 31, 2020; and

(ii) at least every other year after 2020.

(11) (a) As used in this Subsection (11): (i) "Direct financial benefit" means the same as that term is defined in Section 11-58-304. (ii) "Nonauthority governing body member" means a member of the board or other body that has authority to make decisions for a nonauthority government owner. (iii) "Nonauthority government owner" mean a state agency or nonauthority local government entity that owns land that is part of the authority jurisdictional land. (iv) "Nonauthority local government entity": (A) means a county, city, town, metro township, local district, special service district, community reinvestment agency, or other political subdivision of the state; and (B) excludes the authority. (v) "State agency" means a department, division, or other agency or instrumentality of the state, including an independent state agency. (b) A nonauthority governing body member who owns or has a financial interest in land that is part of the authority jurisdictional land or who reasonably expects to receive a direct financial benefit from development of authority jurisdictional land shall submit a written disclosure to the authority board and the nonauthority government owner. (c) A written disclosure under Subsection (11)(b) shall describe, as applicable: (i) the nonauthority governing body member's ownership or financial interest in property that is part of the authority jurisdictional land; and (ii) the direct financial benefit the nonauthority governing body member expects to receive from development of authority jurisdictional land. (d) A nonauthority governing body member required under Subsection (11)(b) to submit a written disclosure shall submit the disclosure no later than 30 days after: (i) the nonauthority governing body member: (A) acquires an ownership or financial interest in property that is part of the authority jurisdictional land; or (B) first knows that the nonauthority governing body member expects to receive a direct financial benefit from the development of authority jurisdictional land; or (ii) the effective date of this Subsection (11), if that date is later than the period described in Subsection (11)(d)(i). (e) A written disclosure submitted under this Subsection (11) is a public record.

(a) As used in this Subsection (11): (i) "Direct financial benefit" means the same as that term is defined in Section 11-58-304. (ii) "Nonauthority governing body member" means a member of the board or other body that has authority to make decisions for a nonauthority government owner. (iii) "Nonauthority government owner" mean a state agency or nonauthority local government entity that owns land that is part of the authority jurisdictional land. (iv) "Nonauthority local government entity": (A) means a county, city, town, metro township, local district, special service district, community reinvestment agency, or other political subdivision of the state; and (B) excludes the authority. (v) "State agency" means a department, division, or other agency or instrumentality of the state, including an independent state agency.

(i) "Direct financial benefit" means the same as that term is defined in Section 11-58-304.

(ii) "Nonauthority governing body member" means a member of the board or other body that has authority to make decisions for a nonauthority government owner.

(iii) "Nonauthority government owner" mean a state agency or nonauthority local government entity that owns land that is part of the authority jurisdictional land.

(iv) "Nonauthority local government entity": (A) means a county, city, town, metro township, local district, special service district, community reinvestment agency, or other political subdivision of the state; and (B) excludes the authority.

(A) means a county, city, town, metro township, local district, special service district, community reinvestment agency, or other political subdivision of the state; and

(B) excludes the authority.

(v) "State agency" means a department, division, or other agency or instrumentality of the state, including an independent state agency.

(b) A nonauthority governing body member who owns or has a financial interest in land that is part of the authority jurisdictional land or who reasonably expects to receive a direct financial benefit from development of authority jurisdictional land shall submit a written disclosure to the authority board and the nonauthority government owner.

(c) A written disclosure under Subsection (11)(b) shall describe, as applicable: (i) the nonauthority governing body member's ownership or financial interest in property that is part of the authority jurisdictional land; and (ii) the direct financial benefit the nonauthority governing body member expects to receive from development of authority jurisdictional land.

(i) the nonauthority governing body member's ownership or financial interest in property that is part of the authority jurisdictional land; and

(ii) the direct financial benefit the nonauthority governing body member expects to receive from development of authority jurisdictional land.

(d) A nonauthority governing body member required under Subsection (11)(b) to submit a written disclosure shall submit the disclosure no later than 30 days after: (i) the nonauthority governing body member: (A) acquires an ownership or financial interest in property that is part of the authority jurisdictional land; or (B) first knows that the nonauthority governing body member expects to receive a direct financial benefit from the development of authority jurisdictional land; or (ii) the effective date of this Subsection (11), if that date is later than the period described in Subsection (11)(d)(i).

(i) the nonauthority governing body member: (A) acquires an ownership or financial interest in property that is part of the authority jurisdictional land; or (B) first knows that the nonauthority governing body member expects to receive a direct financial benefit from the development of authority jurisdictional land; or

(A) acquires an ownership or financial interest in property that is part of the authority jurisdictional land; or

(B) first knows that the nonauthority governing body member expects to receive a direct financial benefit from the development of authority jurisdictional land; or

(ii) the effective date of this Subsection (11), if that date is later than the period described in Subsection (11)(d)(i).

(e) A written disclosure submitted under this Subsection (11) is a public record.