Utah Code 10-9a-403. General plan preparation

(1)

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 10-9a-403

Accessory dwelling unit: means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. See Utah Code 10-9a-103
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Deed: The legal instrument used to transfer title in real property from one person to another.
General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. See Utah Code 10-9a-103
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Legislative body: means the municipal council. See Utah Code 10-9a-103
Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
Major transit investment corridor: means public transit service that uses or occupies:
     (39)(a) public transit rail right-of-way;
     (39)(b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or
     (39)(c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and:
          (39)(c)(i) a public transit district as defined in Section 17B-2a-802; or
          (39)(c)(ii) an eligible political subdivision as defined in Section 59-12-2219. See Utah Code 10-9a-103
Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipality: means :
     (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103
State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
Subdivision: includes :
(68)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
(68)(b)(ii) except as provided in Subsection (68)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104

(1)(a) The planning commission shall provide notice, as provided in Section 10-9a-203, of the planning commission’s intent to make a recommendation to the municipal legislative body for a general plan or a comprehensive general plan amendment when the planning commission initiates the process of preparing the planning commission’s recommendation.

(1)(b) The planning commission shall make and recommend to the legislative body a proposed general plan for the area within the municipality.

(1)(c) The plan may include areas outside the boundaries of the municipality if, in the planning commission’s judgment, those areas are related to the planning of the municipality’s territory.

(1)(d) Except as otherwise provided by law or with respect to a municipality’s power of eminent domain, when the plan of a municipality involves territory outside the boundaries of the municipality, the municipality may not take action affecting that territory without the concurrence of the county or other municipalities affected.

(2)

(2)(a) At a minimum, the proposed general plan, with the accompanying maps, charts, and descriptive and explanatory matter, shall include the planning commission’s recommendations for the following plan elements:

(2)(a)(i) a land use element that:

(2)(a)(i)(A) designates the long-term goals and the proposed extent, general distribution, and location of land for housing for residents of various income levels, business, industry, agriculture, recreation, education, public buildings and grounds, open space, and other categories of public and private uses of land as appropriate;

(2)(a)(i)(B) includes a statement of the projections for and standards of population density and building intensity recommended for the various land use categories covered by the plan;

(2)(a)(i)(C) except for a city of the fifth class or a town, is coordinated to integrate the land use element with the water use and preservation element; and

(2)(a)(i)(D) except for a city of the fifth class or a town, accounts for the effect of land use categories and land uses on water demand;

(2)(a)(ii) a transportation and traffic circulation element that:

(2)(a)(ii)(A) provides the general location and extent of existing and proposed freeways, arterial and collector streets, public transit, active transportation facilities, and other modes of transportation that the planning commission considers appropriate;

(2)(a)(ii)(B) for a municipality that has access to a major transit investment corridor, addresses the municipality’s plan for residential and commercial development around major transit investment corridors to maintain and improve the connections between housing, employment, education, recreation, and commerce;

(2)(a)(ii)(C) for a municipality that does not have access to a major transit investment corridor, addresses the municipality’s plan for residential and commercial development in areas that will maintain and improve the connections between housing, transportation, employment, education, recreation, and commerce; and

(2)(a)(ii)(D) correlates with the population projections, the employment projections, and the proposed land use element of the general plan;

(2)(a)(iii) a moderate income housing element that:

(2)(a)(iii)(A) provides a realistic opportunity to meet the need for additional moderate income housing within the municipality during the next five years;

(2)(a)(iii)(B) for a town, may include a recommendation to implement three or more of the moderate income housing strategies described in Subsection (2)(b)(iii);

(2)(a)(iii)(C) for a specified municipality, as defined in Section 10-9a-408, that does not have a fixed guideway public transit station, shall include a recommendation to implement three or more of the moderate income housing strategies described in Subsection (2)(b)(iii);

(2)(a)(iii)(D) for a specified municipality, as defined in Section 10-9a-408, that has a fixed guideway public transit station, shall include a recommendation to implement five or more of the moderate income housing strategies described in Subsection (2)(b)(iii), of which one shall be the moderate income housing strategy described in Subsection (2)(b)(iii)(W), and one shall be a moderate income housing strategy described in Subsection (2)(b)(iii)(G), (H), or (Q); and

(2)(a)(iii)(E) for a specified municipality, as defined in Section 10-9a-408, shall include an implementation plan as provided in Subsection (2)(c); and

(2)(a)(iv) except for a city of the fifth class or a town, a water use and preservation element that addresses:

(2)(a)(iv)(A) the effect of permitted development or patterns of development on water demand and water infrastructure;

(2)(a)(iv)(B) methods of reducing water demand and per capita consumption for future development;

(2)(a)(iv)(C) methods of reducing water demand and per capita consumption for existing development; and

(2)(a)(iv)(D) opportunities for the municipality to modify the municipality’s operations to eliminate practices or conditions that waste water.

(2)(b) In drafting the moderate income housing element, the planning commission:

(2)(b)(i) shall consider the Legislature’s determination that municipalities shall facilitate a reasonable opportunity for a variety of housing, including moderate income housing:

(2)(b)(i)(A) to meet the needs of people of various income levels living, working, or desiring to live or work in the community; and

(2)(b)(i)(B) to allow people with various incomes to benefit from and fully participate in all aspects of neighborhood and community life;

(2)(b)(ii) for a town, may include, and for a specified municipality as defined in Section 10-9a-408, shall include, an analysis of how the municipality will provide a realistic opportunity for the development of moderate income housing within the next five years;

(2)(b)(iii) for a town, may include, and for a specified municipality as defined in Section 10-9a-408, shall include a recommendation to implement the required number of any of the following moderate income housing strategies as specified in Subsection (2)(a)(iii):

(2)(b)(iii)(A) rezone for densities necessary to facilitate the production of moderate income housing;

(2)(b)(iii)(B) demonstrate investment in the rehabilitation or expansion of infrastructure that facilitates the construction of moderate income housing;

(2)(b)(iii)(C) demonstrate investment in the rehabilitation of existing uninhabitable housing stock into moderate income housing;

(2)(b)(iii)(D) identify and utilize general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the municipality for the construction or rehabilitation of moderate income housing;

(2)(b)(iii)(E) create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones;

(2)(b)(iii)(F) zone or rezone for higher density or moderate income residential development in commercial or mixed-use zones near major transit investment corridors, commercial centers, or employment centers;

(2)(b)(iii)(G) amend land use regulations to allow for higher density or new moderate income residential development in commercial or mixed-use zones near major transit investment corridors;

(2)(b)(iii)(H) amend land use regulations to eliminate or reduce parking requirements for residential development where a resident is less likely to rely on the resident’s own vehicle, such as residential development near major transit investment corridors or senior living facilities;

(2)(b)(iii)(I) amend land use regulations to allow for single room occupancy developments;

(2)(b)(iii)(J) implement zoning incentives for moderate income units in new developments;

(2)(b)(iii)(K) preserve existing and new moderate income housing and subsidized units by utilizing a landlord incentive program, providing for deed restricted units through a grant program, or, notwithstanding Section 10-9a-535, establishing a housing loss mitigation fund;

(2)(b)(iii)(L) reduce, waive, or eliminate impact fees related to moderate income housing;

(2)(b)(iii)(M) demonstrate creation of, or participation in, a community land trust program for moderate income housing;

(2)(b)(iii)(N) implement a mortgage assistance program for employees of the municipality, an employer that provides contracted services to the municipality, or any other public employer that operates within the municipality;

(2)(b)(iii)(O) apply for or partner with an entity that applies for state or federal funds or tax incentives to promote the construction of moderate income housing, an entity that applies for programs offered by the Utah Housing Corporation within that agency’s funding capacity, an entity that applies for affordable housing programs administered by the Department of Workforce Services, an entity that applies for affordable housing programs administered by an association of governments established by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, an entity that applies for services provided by a public housing authority to preserve and create moderate income housing, or any other entity that applies for programs or services that promote the construction or preservation of moderate income housing;

(2)(b)(iii)(P) demonstrate utilization of a moderate income housing set aside from a community reinvestment agency, redevelopment agency, or community development and renewal agency to create or subsidize moderate income housing;

(2)(b)(iii)(Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act;

(2)(b)(iii)(R) create a home ownership promotion zone pursuant to Part 10, Home Ownership Promotion Zone for Municipalities;

(2)(b)(iii)(S) eliminate impact fees for any accessory dwelling unit that is not an internal accessory dwelling unit as defined in Section 10-9a-530;

(2)(b)(iii)(T) create a program to transfer development rights for moderate income housing;

(2)(b)(iii)(U) ratify a joint acquisition agreement with another local political subdivision for the purpose of combining resources to acquire property for moderate income housing;

(2)(b)(iii)(V) develop a moderate income housing project for residents who are disabled or 55 years old or older;

(2)(b)(iii)(W) develop and adopt a station area plan in accordance with Section 10-9a-403.1;

(2)(b)(iii)(X) create or allow for, and reduce regulations related to, multifamily residential dwellings compatible in scale and form with detached single-family residential dwellings and located in walkable communities within residential or mixed-use zones;

(2)(b)(iii)(Y) create a first home investment zone in accordance with Title 63N, Chapter 3, Part 13, First Home Investment Zone Act; and

(2)(b)(iii)(Z) demonstrate implementation of any other program or strategy to address the housing needs of residents of the municipality who earn less than 80% of the area median income, including the dedication of a local funding source to moderate income housing or the adoption of a land use ordinance that requires 10% or more of new residential development in a residential zone be dedicated to moderate income housing; and

(2)(b)(iv) shall identify each moderate income housing strategy recommended to the legislative body for implementation by restating the exact language used to describe the strategy in Subsection (2)(b)(iii).

(2)(c)

(2)(c)(i) In drafting the implementation plan portion of the moderate income housing element as described in Subsection (2)(a)(iii)(C), the planning commission shall recommend to the legislative body the establishment of a five-year timeline for implementing each of the moderate income housing strategies selected by the municipality for implementation.

(2)(c)(ii) The timeline described in Subsection (2)(c)(i) shall:

(2)(c)(ii)(A) identify specific measures and benchmarks for implementing each moderate income housing strategy selected by the municipality, whether one-time or ongoing; and

(2)(c)(ii)(B) provide flexibility for the municipality to make adjustments as needed.

(2)(d) In drafting the land use element, the planning commission shall:

(2)(d)(i) identify and consider each agriculture protection area within the municipality;

(2)(d)(ii) avoid proposing a use of land within an agriculture protection area that is inconsistent with or detrimental to the use of the land for agriculture; and

(2)(d)(iii) consider and coordinate with any station area plans adopted by the municipality if required under Section 10-9a-403.1.

(2)(e) In drafting the transportation and traffic circulation element, the planning commission shall:

(2)(e)(i)

(2)(e)(i)(A) consider and coordinate with the regional transportation plan developed by the municipality’s region’s metropolitan planning organization, if the municipality is within the boundaries of a metropolitan planning organization; or

(2)(e)(i)(B) consider and coordinate with the long-range transportation plan developed by the Department of Transportation, if the municipality is not within the boundaries of a metropolitan planning organization; and

(2)(e)(ii) consider and coordinate with any station area plans adopted by the municipality if required under Section 10-9a-403.1.

(2)(f) In drafting the water use and preservation element, the planning commission:

(2)(f)(i) shall consider:

(2)(f)(i)(A) applicable regional water conservation goals recommended by the Division of Water Resources; and

(2)(f)(i)(B) if Section 73-10-32 requires the municipality to adopt a water conservation plan pursuant to Section 73-10-32, the municipality’s water conservation plan;

(2)(f)(ii) shall include a recommendation for:

(2)(f)(ii)(A) water conservation policies to be determined by the municipality; and

(2)(f)(ii)(B) landscaping options within a public street for current and future development that do not require the use of lawn or turf in a parkstrip;

(2)(f)(iii) shall review the municipality’s land use ordinances and include a recommendation for changes to an ordinance that promotes the inefficient use of water;

(2)(f)(iv) shall consider principles of sustainable landscaping, including the:

(2)(f)(iv)(A) reduction or limitation of the use of lawn or turf;

(2)(f)(iv)(B) promotion of site-specific landscape design that decreases stormwater runoff or runoff of water used for irrigation;

(2)(f)(iv)(C) preservation and use of healthy trees that have a reasonable water requirement or are resistant to dry soil conditions;

(2)(f)(iv)(D) elimination or regulation of ponds, pools, and other features that promote unnecessary water evaporation;

(2)(f)(iv)(E) reduction of yard waste; and

(2)(f)(iv)(F) use of an irrigation system, including drip irrigation, best adapted to provide the optimal amount of water to the plants being irrigated;

(2)(f)(v) shall consult with the public water system or systems serving the municipality with drinking water regarding how implementation of the land use element and water use and preservation element may affect:

(2)(f)(v)(A) water supply planning, including drinking water source and storage capacity consistent with Section 19-4-114; and

(2)(f)(v)(B) water distribution planning, including master plans, infrastructure asset management programs and plans, infrastructure replacement plans, and impact fee facilities plans;

(2)(f)(vi) shall consult with the Division of Water Resources for information and technical resources regarding regional water conservation goals, including how implementation of the land use element and the water use and preservation element may affect the Great Salt Lake;

(2)(f)(vii) may include recommendations for additional water demand reduction strategies, including:

(2)(f)(vii)(A) creating a water budget associated with a particular type of development;

(2)(f)(vii)(B) adopting new or modified lot size, configuration, and landscaping standards that will reduce water demand for new single family development;

(2)(f)(vii)(C) providing one or more water reduction incentives for existing development such as modification of existing landscapes and irrigation systems and installation of water fixtures or systems that minimize water demand;

(2)(f)(vii)(D) discouraging incentives for economic development activities that do not adequately account for water use or do not include strategies for reducing water demand; and

(2)(f)(vii)(E) adopting water concurrency standards requiring that adequate water supplies and facilities are or will be in place for new development; and

(2)(f)(viii) for a town, may include, and for another municipality, shall include, a recommendation for low water use landscaping standards for a new:

(2)(f)(viii)(A) commercial, industrial, or institutional development;

(2)(f)(viii)(B) common interest community, as defined in Section 57-25-102; or

(2)(f)(viii)(C) multifamily housing project.

(3) The proposed general plan may include:

(3)(a) an environmental element that addresses:

(3)(a)(i) the protection, conservation, development, and use of natural resources, including the quality of:

(3)(a)(i)(A) air;

(3)(a)(i)(B) forests;

(3)(a)(i)(C) soils;

(3)(a)(i)(D) rivers;

(3)(a)(i)(E) groundwater and other waters;

(3)(a)(i)(F) harbors;

(3)(a)(i)(G) fisheries;

(3)(a)(i)(H) wildlife;

(3)(a)(i)(I) minerals; and

(3)(a)(i)(J) other natural resources; and

(3)(a)(ii)

(3)(a)(ii)(A) the reclamation of land, flood control, prevention and control of the pollution of streams and other waters;

(3)(a)(ii)(B) the regulation of the use of land on hillsides, stream channels and other environmentally sensitive areas;

(3)(a)(ii)(C) the prevention, control, and correction of the erosion of soils;

(3)(a)(ii)(D) the preservation and enhancement of watersheds and wetlands; and

(3)(a)(ii)(E) the mapping of known geologic hazards;

(3)(b) a public services and facilities element showing general plans for sewage, water, waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them, police and fire protection, and other public services;

(3)(c) a rehabilitation, redevelopment, and conservation element consisting of plans and programs for:

(3)(c)(i) historic preservation;

(3)(c)(ii) the diminution or elimination of a development impediment as defined in Section 17C-1-102; and

(3)(c)(iii) redevelopment of land, including housing sites, business and industrial sites, and public building sites;

(3)(d) an economic element composed of appropriate studies and forecasts, as well as an economic development plan, which may include review of existing and projected municipal revenue and expenditures, revenue sources, identification of basic and secondary industry, primary and secondary market areas, employment, and retail sales activity;

(3)(e) recommendations for implementing all or any portion of the general plan, including the adoption of land and water use ordinances, capital improvement plans, community development and promotion, and any other appropriate action;

(3)(f) provisions addressing any of the matters listed in Subsection 10-9a-401(2) or (3); and

(3)(g) any other element the municipality considers appropriate.

Previous section

Next section

Part 4 Contents