Title 36, Chapter 70, Section 24
( 36-70-24)
In the development of a service delivery strategy, the following
criteria shall be met: (1) The strategy shall promote the delivery of local government
services in the most efficient, effective, and responsive manner.
The strategy shall identify steps which will be taken to remediate
or avoid overlapping and unnecessary competition and duplication
of service delivery and shall identify the time frame in which
such steps shall be taken. When a municipality provides a service
at a higher level than the base level of service provided
throughout the geographic area of the county by the county, such
service shall not be considered a duplication of the county
service; (2)(A) The strategy shall provide that water or sewer fees
charged to customers located outside the geographic boundaries
of a service provider shall not be arbitrarily higher than the
fees charged to customers receiving such service which are
located within the geographic boundaries of the service
provider. (B) If a governing authority disputes the reasonableness of
water and sewer rate differentials imposed within its
jurisdiction by another governing authority, that disputing
governing authority may hold a public hearing for the purpose of
reviewing the rate differential. Following the preparation of a
rate study by a qualified engineer, the governing authority may
challenge the arbitrary rate differentials on behalf of its
residents in a court of competent jurisdiction. Prior to such
challenge, the dispute shall be submitted to some form of
alternative dispute resolution; (3)(A) The strategy shall ensure that the cost of any service
which a county provides primarily for the benefit of the
unincorporated area of the county shall be borne by the
unincorporated area residents, individuals, and property owners
who receive the service. Further, when the county and one or
more municipalities jointly fund a county-wide service, the
county share of such funding shall be borne by the
unincorporated residents, individuals, and property owners that
receive the service. (B) Such funding shall be derived from special service districts
created by the county in which property taxes, insurance premium
taxes, assessments, or user fees are levied or imposed or
through such other mechanism agreed upon by the affected parties
which complies with the intent of subparagraph (A) of this
paragraph; and (4)(A) Local governments within the same county shall, if
necessary, amend their land use plans so that such plans are
compatible and nonconflicting, or, as an alternative, they shall
adopt a single land use plan for the unincorporated and
incorporated areas of the county. (B) The provision of extraterritorial water and sewer services
by any jurisdiction shall be consistent with all applicable land
use plans and ordinances.
(C) A process shall be established by each county and every
municipality located within each county, regardless of
population, to resolve land use classification disputes when a
county objects to the proposed land use of an area to be annexed
into a municipality within the county. |