HP1262
LD 1810
First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 2241
Item 9
Bill Tracking Chamber Status

Amend the amendment in §4366 in subsection 2 in the 3rd line (page 1, line 21 in amendment) by striking out the following: " 4367" and inserting the following: ' 4368'

Amend the amendment in §4366 in subsection 10 in the 3rd line (page 2, line 17 in amendment) and in the 5th line (page 2, line 19 in amendment) by striking out the following: " 4367" and inserting the following: ' 4368'

Amend the amendment by inserting after §4366 the following:

§ 4367 Application of subchapter; adoption by municipality

A municipality may adopt this Act in accordance with the procedures set forth in section 3003. Nothing in this subchapter may be construed to apply to a municipality that has not adopted this Act.

Amend the amendment in §4367 in the first line (page 2, line 21 in amendment) by striking out the following: " §4367" and inserting the following: ' §4368'

Amend the amendment in §4367 in the first paragraph in the first line (page 2, line 22 in amendment) by striking out the following: " As" and inserting the following: ' If a municipality has adopted this Act pursuant to section 4367, as'

Amend the amendment in §4367 by striking out all of subsection 3 (page 2, lines 35 to 42 and page 3, lines 1 to 3 in amendment) and inserting the following:

3 Payment.   The applicant for the permit shall pay a fee to the municipality. The development application is not complete for processing until the fee has been paid. The municipality's contract for the study must be defined and priced to ensure that the fee assessed will be sufficient to cover the costs of the comprehensive economic impact study, notice of public hearing, notice to abutting communities and residents and all other reasonable costs of processing, review, regulation and supervision of the study. Any unexpended funds from the fee must be returned to the applicant.

Amend the amendment on page 3 by inserting after subsection 4 the following:

Amend the bill in section 1 in §4368 in the first line (page 3, line 26 in L.D.) by striking out the following: " §4368" and inserting the following: ' §4369'

Amend the bill in section 1 in §4368 by inserting before subsection 1 the following:

This section applies to municipalities that have adopted this Act pursuant to section 4367.

Amend the amendment in §4369 in the first line (page 3, line 37 in amendment) by striking out the following: " §4369" and inserting the following: ' §4370'

Amend the amendment in §4369 in the first paragraph in the first line (page 3, line 38 in amendment) by striking out the following: " The" and inserting the following: ' If a municipality has adopted this Act pursuant to section 4367, the'

Amend the amendment in §4369 in the first paragraph in the 5th line (page 3, line 42 in amendment) by striking out the following: " 4368" and inserting the following: ' 4369'

Amend the amendment on page 4 by inserting after §4369 the following:

Amend the bill in section 1 in §4370 in the first line (page 4, line 13 in L.D.) by striking out the following: " §4370" and inserting the following: ' §4371'

Amend the amendment on page 4 by striking out all of the first indented paragraph (page 4, line 9 in amendment)

Amend the amendment by striking out all of section 2.

summary

This amendment allows a municipality to voluntarily adopt the Informed Growth Act, but specifies that the Act does not apply to a municipality that chooses not to adopt the Act.

This amendment also replaces the requirement that the applicant for a permit pay a $40,000 fee with language allowing the municipality to assess the fee necessary to conduct the impact study.


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