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 section 23A-79(A)(2), the adoption or amendment of an infrastructure improvement plan shall occur after one (1) or more public hearings according to the following schedule, and may occur concurrently with the adoption of an update of the city's land use assumptions as provided in section 23A-77:
a. Sixty (60) days before the first public hearing regarding a new or updated infrastructure improvements plan, the city shall provide public notice of the hearing and post the infrastructure improvements plan and the underlying land use assumptions on its website; the city 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 SU.
b. The city shall conduct a public hearing on the infrastructure improvements plan and underlying land use assumptions at least thirty (30) days, but no more than sixty (60) days, before approving or disapproving the infrastructure improvements plan.
2. Minor amendments to the infrastructure improvements plan. Notwithstanding the other requirements of this section, the city 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 an analysis of the fee report and the city's adopted development impact fee schedules, 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 impact fee in any service area to have been increased by more than five percent (5%) above the development impact fee that is provided in the current development impact fee schedule.
d. At least thirty (30) days prior to the date that the amendment pursuant to this section is adopted, the city shall post the proposed amendments on the city website.
B. Amendments to the fee report. Any adoption or amendment of a fee report and fee schedule shall occur according to the following schedule:
1. The first public hearing on the fee report must be held at least thirty (30) days after the adoption or approval of and infrastructure improvements plan as provided in section 23A-79(A). The city 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 city shall make the infrastructure improvements plan and underlying land use assumptions available to the public on the city's website thirty (30) days prior to the public hearing described in section 23A-79(B)(1).
3. The fee report may be adopted by the city no sooner than thirty (30) days, and no later than sixty (60) days, after the hearing described in subparagraph section 23A-79(B)(1).
4. The development fee schedules in the fee report adopted pursuant to this subsection shall become effective seventy-five (75) days after adoption of the fee report by the city.
(Ord. No. 11203, § 1, 10-9-14, eff. 12-23-14)