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First Substitute S.B. 91
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6 AN ACT RELATING TO HEALTH AND THE ENVIRONMENT; ESTABLISHING
7 PROCEDURES AND REQUIREMENTS FOR THE IMPLEMENTATION OF REGIONAL
8 GROWTH PLANS AND INTERLOCAL COORDINATION PLANS ADDRESSING AIR
9 QUALITY, LAND USE, TRANSPORTATION, AND RELATED AREAS; AND AMENDING
10 MUNICIPAL AND COUNTY STATUTORY PROVISIONS TO INCORPORATE
11 REFERENCES TO THESE PLANS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 10-9-103, as last amended by Chapter 179, Laws of Utah 1995
15 10-9-106, as last amended by Chapter 23, Laws of Utah 1992
16 10-9-201, as enacted by Chapter 235, Laws of Utah 1991
17 10-9-204, as enacted by Chapter 235, Laws of Utah 1991
18 10-9-301, as last amended by Chapters 23 and 93, Laws of Utah 1992
19 10-9-302, as last amended by Chapters 23 and 93, Laws of Utah 1992
20 10-9-303, as last amended by Chapter 23, Laws of Utah 1992
21 10-9-402, as last amended by Chapter 79, Laws of Utah 1995
22 10-9-404, as last amended by Chapter 23, Laws of Utah 1992
23 10-9-801, as last amended by Chapter 23, Laws of Utah 1992
24 17-27-103, as last amended by Chapter 179, Laws of Utah 1995
25 17-27-105, as last amended by Chapter, 23, Laws of Utah 1992
26 17-27-201, as last amended by Chapters 179 and 225, Laws of Utah 1995
27 17-27-204, as last amended by Chapter 225, Laws of Utah 1995
1 17-27-301, as last amended by Chapter 257, Laws of Utah 1994
2 17-27-302, as last amended by Chapters 23 and 93, Laws of Utah 1992
3 17-27-303, as last amended by Chapter 23, Laws of Utah 1992
4 17-27-402, as last amended by Chapter 23, Laws of Utah 1992
5 17-27-404, as last amended by Chapter 23, Laws of Utah 1992
6 17-27-801, as enacted by Chapter 235, Laws of Utah 1991
7 ENACTS:
8 10-9-303.5, Utah Code Annotated 1953
9 11-38-101, Utah Code Annotated 1953
10 11-38-102, Utah Code Annotated 1953
11 11-38-103, Utah Code Annotated 1953
12 11-38-104, Utah Code Annotated 1953
13 11-38-105, Utah Code Annotated 1953
14 11-38-106, Utah Code Annotated 1953
15 11-38-107, Utah Code Annotated 1953
16 11-38-108, Utah Code Annotated 1953
17 17-27-303.5, Utah Code Annotated 1953
18 REPEALS:
19 10-9-401, as enacted by Chapter 235, Laws of Utah 1991
20 17-27-401, as enacted by Chapter 235, Laws of Utah 1991
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 10-9-103 is amended to read:
23 10-9-103. Definitions -- Notice.
24 (1) As used in this chapter:
25 (a) "Agency" has the same meaning as in Section 11-38-102.
26 [
27 or residential property if the sign is designed or intended to direct attention to a business, product,
28 or service that is not sold, offered, or existing on the property where the sign is located.
29 [
30 (i) the mayor in municipalities operating under all forms of municipal government except
31 the council-manager form; or
1 (ii) the city manager in municipalities operating under the council-manager form of
2 municipal government.
3 [
4 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
5 compatible in some areas or may be compatible only if certain conditions are required that mitigate
6 or eliminate the detrimental impacts.
7 [
8 [
9 needs to live with other elderly persons in a group setting, but who is capable of living
10 independently.
11 (g) "Entity" has the same meaning as in Section 11-38-102.
12 [
13 general guidelines for proposed future development of the land within the municipality, as set forth
14 in Sections 10-9-301 and 10-9-302.
15 (ii) "General plan" includes what is also commonly referred to as a "master plan."
16 (i) "Growth policy issues" means the issues listed under Section 11-38-102.
17 [
18 (i) has a severe, chronic disability attributable to a mental or physical impairment or to a
19 combination of mental and physical impairments that is likely to continue indefinitely and that
20 results in a substantial functional limitation in three or more of the following areas of major life
21 activity:
22 (A) self-care;
23 (B) receptive and expressive language;
24 (C) learning;
25 (D) mobility;
26 (E) self-direction;
27 (F) capacity for independent living; and
28 (G) economic self-sufficiency; and
29 (ii) requires a combination or sequence of special interdisciplinary or generic care,
30 treatment, or other services that are individually planned and coordinated to allow the person to
31 function in, and contribute to, a residential neighborhood.
1 (k) "Interlocal coordination plan" has the same meaning as in Section 11-38-102.
2 [
3 (m) "Local government" has the same meaning as in Section 11-38-102.
4 [
5 boundary line between two adjoining lots with the consent of the owners of record.
6 [
7 [
8 (i) legally existed before its current zoning designation; and
9 (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
10 setback, height restrictions, or other regulations that govern the structure.
11 [
12 (i) legally existed before its current zoning designation;
13 (ii) has been maintained continuously since the time the zoning regulation governing the
14 land changed; and
15 (iii) because of subsequent zoning changes, does not conform with the zoning regulations
16 that now govern the land.
17 [
18 prohibiting development of the property until the municipality develops the proposed street.
19 [
20 multiple-family dwelling unit that meets the requirements of Part 5 and any ordinance adopted
21 under authority of that part.
22 (ii) "Residential facility for elderly persons" does not include a health care facility as
23 defined by Section 26-21-2.
24 [
25 multiple-family dwelling unit that meets the requirements of Part 6 and any ordinance adopted
26 under authority of that part.
27 [
28 and any other governmental or quasi-governmental entity that is not a county, municipality, school
29 district, or unit of the state.
30 [
31 parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
1 other ways.
2 [
3 divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
4 whether immediate or future, for offer, sale, lease, or development either on the installment plan
5 or upon any and all other plans, terms, and conditions.
6 (ii) "Subdivision" includes:
7 (A) the division or development of land whether by deed, metes and bounds description,
8 devise and testacy, lease, map, plat, or other recorded instrument; and
9 (B) divisions of land for all residential and nonresidential uses, including land used or to
10 be used for commercial, agricultural, and industrial purposes.
11 [
12 and towns.
13 (2) (a) A municipality meets the requirements of reasonable notice required by this chapter
14 if it:
15 (i) posts notice of the hearing or meeting in at least three public places within the
16 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
17 in the jurisdiction, if one is available; or
18 (ii) gives actual notice of the hearing or meeting.
19 (b) A municipal legislative body may enact an ordinance establishing stricter notice
20 requirements than those required by this subsection.
21 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
22 is prima facie evidence that notice was properly given.
23 (ii) If notice given under authority of this section is not challenged as provided in Section
24 10-9-1001 within 30 days from the date of the meeting for which the notice was given, the notice
25 is considered adequate and proper.
26 Section 2. Section 10-9-106 is amended to read:
27 10-9-106. Property owned by other government units -- Effect of land use and
28 development ordinances.
29 (1) (a) Each county, municipality, school district, special district, and political subdivision
30 [
31 coordination plan, and land use and development ordinances of any municipality when granting
1 permits or other authorization, or installing, constructing, operating, or otherwise using any area,
2 land, or building situated within that municipality [
3
4 (b) When state agencies construct, operate, or otherwise use any area, land, or building,
5 or grant permits or other authorizations within a municipality that involve or may reasonably be
6 expected to affect air quality, transportation, land use, or water, state agencies shall, prior to taking
7 action:
8 (i) notify the municipality of its intentions;
9 (ii) provide an opportunity for the municipality and the public to provide comment and
10 input; and
11 (iii) coordinate with the general plan, interlocal coordination plan, and land use and
12 development ordinances of the affected municipality.
13 [
14 plan, interlocal coordination plan, or land use and development ordinances are being violated or
15 about to be violated by another political subdivision, that municipality may institute an injunction,
16 mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or
17 remove the improper installation, improvement, or use.
18 (2) A school district is subject to a municipality's general plan, interlocal coordination
19 plan, and land use and development regulations under this chapter, except that a municipality may
20 not:
21 (a) impose requirements for landscaping, fencing, aesthetic considerations, construction
22 methods or materials, building codes, building use for educational purposes, or the placement or
23 use of temporary classroom facilities on school property;
24 (b) require a school district to participate in the cost of any roadway or sidewalk not
25 reasonably necessary for the safety of school children and not located on or contiguous to school
26 property, unless the roadway or sidewalk is required to connect an otherwise isolated school site
27 to an existing roadway;
28 (c) require a district to pay fees not authorized by this section;
29 (d) provide for inspection of school construction or assess a fee or other charges for
30 inspection, unless neither the school district nor the state superintendent has provided for
31 inspection by an inspector, other than the project architect or contractor, who is qualified under
1 criteria established by the state superintendent with the approval of the state building board and
2 state fire marshal; or
3 (e) require a school district to pay any impact fee for an improvement project that is not
4 reasonably related to the impact of the project upon the need that the improvement is to address[
5
6 [
7
8 Section 3. Section 10-9-201 is amended to read:
9 10-9-201. Appointment, term, vacancy, and compensation.
10 (1) (a) Each municipality [
11 coordination plan, or any land use ordinance [
12 commission.
13 (b) The ordinance shall define:
14 (i) the number and terms of the members;
15 (ii) the mode of appointment;
16 (iii) the procedures for filling vacancies and removal from office; and
17 (iv) other details relating to the organization and procedures of the planning commission.
18 (2) The legislative body may fix per diem compensation for the members of the planning
19 commission, based on necessary and reasonable expenses and on meetings actually attended.
20 Section 4. Section 10-9-204 is amended to read:
21 10-9-204. Powers and duties.
22 The planning commission shall:
23 (1) prepare and recommend to the legislative body as provided in this chapter a general
24 plan, which may include an interlocal coordination plan, and amendments to the general plan [
25
26 (2) recommend zoning ordinances and maps, and amendments to zoning ordinances and
27 maps, to the legislative body as provided in this chapter;
28 (3) administer provisions of the zoning ordinance, where specifically provided for in the
29 zoning ordinance adopted by the legislative body;
30 (4) recommend subdivision regulations and amendments to those regulations to the
31 legislative body as provided in this chapter;
1 (5) recommend approval or denial of subdivision applications as provided in this chapter;
2 (6) advise the legislative body on matters as the legislative body directs;
3 (7) hear or decide any matters that the legislative body designates, including the approval
4 or denial of, or recommendations to approve or deny, conditional use permits;
5 (8) exercise any other powers:
6 (a) [
7 (b) delegated to it by the legislative body[
8 (9) ensure that its actions taken under this section are consistent with any general plan and
9 interlocal coordination plan adopted at that time.
10 Section 5. Section 10-9-301 is amended to read:
11 10-9-301. General plan.
12 (1) In order to accomplish the purposes set forth in this chapter, each municipality shall
13 prepare and adopt a comprehensive, long-range general plan [
14 (a) addresses present and future needs of the municipality; [
15 (b) addresses growth and development of the land within the municipality or any part of
16 the municipality[
17 (c) provides for coordination with the plans and needs of entities located adjacent to or
18 within the municipality.
19 (2) The plan may provide for:
20 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
21 activities, aesthetics, and recreational, educational, and cultural opportunities;
22 (b) the reduction of the waste of physical, financial, or human resources that result from
23 either excessive congestion or excessive scattering of population;
24 (c) the efficient and economical use, conservation, and production of the supply of:
25 (i) food and water; and
26 (ii) drainage, sanitary, and other facilities and resources;
27 (d) the use of energy conservation and solar and renewable energy resources;
28 (e) [
29 (f) the protection and promotion of air quality.
30 (3) The municipality may determine the comprehensiveness, extent, and format of the
31 general plan.
1 Section 6. Section 10-9-302 is amended to read:
2 10-9-302. Plan preparation.
3 (1) [
4 proposed general plan for the area within the municipality.
5 (2) In preparing or amending the general plan, the planning commission shall:
6 (a) be consistent with the interlocal coordination plan required under Section 11-38-105;
7 and
8 (b) provide public notice and opportunity to participate regarding the planning process for
9 the proposed plan to entities and the public:
10 (i) located within the area the plan affects or may reasonably be expected to affect; and
11 (ii) whose boundaries are within or are adjacent to any portion of the municipality the plan
12 addresses.
13 [
14 if, in the commission's judgment, [
15 territory.
16 [
17 plan of a municipality [
18 territory outside the boundaries of the municipality, the municipality may not [
19
20 of the agency, the county, or other municipalities affected.
21 (4) If a disagreement regarding the proposed interlocal coordination plan arises between
22 the municipality and any entity claiming to be affected by any part of the plan, the municipality
23 and the entity shall submit the issue to the dispute resolution process established under Section
24 11-38-106.
25 [
26 explanatory matter, shall show the planning commission's recommendations for the development
27 of the territory covered by the plan, and may include, among other things:
28 (a) a land use element that:
29 (i) designates the proposed general distribution and location and extent of uses of land for
30 housing, business, industry, agriculture, recreation, education, public buildings and grounds, open
31 space, and other categories of public and private uses of land as appropriate; and
1 (ii) may include a statement of the standards of population density and building intensity
2 recommended for the various land use categories covered by the plan;
3 (b) a transportation and circulation element consisting of the general location and extent
4 of existing and proposed freeways, arterial and collector streets, mass transit, and any other modes
5 of transportation that are appropriate, all correlated with the land use element of the plan;
6 (c) an environmental element that addresses:
7 (i) the protection, conservation, development, and use of natural resources, including the
8 quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other
9 natural resources; and
10 (ii) the reclamation of land, flood control, prevention and control of the pollution of
11 streams and other waters, regulation of the use of land on hillsides, stream channels and other
12 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
13 protection of watersheds and wetlands, and the mapping of known geologic hazards;
14 (d) a public services and facilities element showing general plans for sewage, waste
15 disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and fire
16 protection, and other public services;
17 (e) a rehabilitation, redevelopment, and conservation element consisting of plans and
18 programs for:
19 (i) historic preservation; and
20 (ii) the elimination of blight and for redevelopment, including housing sites, business and
21 industrial sites, and public building sites;
22 (f) an economic element composed of appropriate studies and an economic development
23 plan that may include review of municipal revenue and expenditures, revenue sources,
24 identification of base and residentiary industry, primary and secondary market areas, employment,
25 and retail sales activity;
26 (g) recommendations for implementing the plan, including the use of zoning ordinances,
27 subdivision ordinances, capital improvement plans, and other appropriate actions; and
28 (h) any other elements the municipality considers appropriate.
29 Section 7. Section 10-9-303 is amended to read:
30 10-9-303. Plan adoption.
31 (1) (a) After completing a proposed general plan for all or part of the area within the
1 municipality, the planning commission shall schedule and hold a public hearing on the proposed
2 plan.
3 (b) The planning commission shall provide reasonable notice of the public hearing at least
4 14 days before the date of the hearing.
5 (c) After the public hearing, the planning commission may make changes to the proposed
6 general plan.
7 (2) The planning commission shall then forward the proposed general plan to the
8 legislative body.
9 (3) (a) The legislative body shall hold a public hearing on the proposed general plan
10 recommended to it by the planning commission.
11 (b) The legislative body shall provide reasonable notice of the public hearing at least 14
12 days before the date of the hearing.
13 (4) After the public hearing, the legislative body may make any modifications to the
14 proposed general plan that it considers appropriate and consistent with the interlocal coordination
15 plan.
16 (5) The legislative body may:
17 (a) adopt the proposed general plan without amendment;
18 (b) amend the proposed general plan and adopt or reject it as amended; or
19 (c) reject the proposed general plan.
20 [
21 [
22
23 (6) All zoning and land use ordinances, and other regulations of the municipality affecting
24 land use shall be consistent with the general plan and the interlocal coordination plan.
25 Section 8. Section 10-9-303.5 is enacted to read:
26 10-9-303.5. Updating general plans.
27 (1) General plans adopted under this chapter shall be updated or readopted not less
28 frequently than every five years from the date the original plan is adopted.
29 (2) The municipality's procedure in conducting the update shall include at a minimum the
30 same notice and opportunities for input in the process as required for the preparation of an original
31 plan under this chapter.
1 Section 9. Section 10-9-402 is amended to read:
2 10-9-402. Preparation and adoption.
3 (1) [
4 shall prepare and recommend to the legislative body [
5 both the full text of the zoning ordinance and maps, that represents the commission's
6 recommendations for zoning all or any part of the area within the municipality.
7 (b) The proposed ordinance shall be consistent with the general plan and any interlocal
8 coordination plan adopted by the municipality.
9 (2) As part of the zoning ordinance preparation process, the planning commission shall
10 provide at least 14 days' notice of the hearing, and the opportunity to provide written comment,
11 to the public, and entities whose boundaries, or any portion of their boundaries, are:
12 (a) located within or are adjacent to the area of the municipality the proposed zoning
13 ordinance addresses; or
14 (b) are within an area adjacent to the area the proposed zoning ordinance addresses or
15 could reasonably be expected to affect.
16 [
17 ordinance recommended to it by the planning commission.
18 (b) The legislative body shall provide reasonable notice of the public hearing at least 14
19 days before the date of the hearing.
20 (c) If a municipality mails notice of a proposed zoning change to property owners within
21 that municipality within a specified distance of the property on which the zoning change is being
22 proposed, it shall also mail equivalent notice to property owners of an adjacent municipality within
23 the same distance of the property on which the zoning change is being proposed.
24 [
25 (a) adopt the zoning ordinance as proposed;
26 (b) amend the zoning ordinance and adopt or reject the zoning ordinance as amended; or
27 (c) reject the ordinance.
28 Section 10. Section 10-9-404 is amended to read:
29 10-9-404. Temporary regulations.
30 (1) [
31 temporary zoning regulations for any part or all of the area within the municipality [
1 compliance with this section.
2 (2) If the legislative body has adopted a general plan, an interlocal coordination plan, or
3 both, temporary zoning regulations may be enacted under this section if:
4 (a) the zoning regulations are consistent with any adopted general plan and interlocal
5 coordination plan;
6 [
7 or
8 [
9 (3) If the legislative body has not adopted a general plan or an interlocal coordination plan,
10 temporary zoning regulations may be enacted under this section if:
11 (a) the legislative body makes a finding of compelling, countervailing public interest; or
12 (b) the area is unzoned.
13 [
14 prohibit or regulate the erection, construction, reconstruction, or alteration of any building or
15 structure or subdivision approval.
16 [
17 not to exceed six months.
18 Section 11. Section 10-9-801 is amended to read:
19 10-9-801. Enactment of subdivision ordinance.
20 [
21 ordinance [
22 (1) be consistent with the general plan and the interlocal coordination plan of the
23 municipality; and
24 (2) require that a subdivision plat comply with the provisions of the subdivision ordinance
25 and be approved as required by this part before:
26 [
27 [
28 Section 12. Section 11-38-101 is enacted to read:
29
30 11-38-101. Title
31 This chapter is known as the "Interlocal Planning Coordination Act".
1 Section 13. Section 11-38-102 is enacted to read:
2 11-38-102. Definitions.
3 As used in this chapter:
4 (1) (a) "Agency" means each department, commission, board, council, agency, institution,
5 officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,
6 panel, or other administrative unit of the state.
7 (b) "Agency" includes the legislative branch, the judicial branch, the attorney general's
8 office, the State Office of Education, the Board of Regents, the institutional councils of each higher
9 education institution, and each higher education institution.
10 (2) (a) "AOG" stands for "association of governments" and means any one of seven
11 organizations of groups of contiguous counties that:
12 (i) is administered by representatives of all the local governments within the organization's
13 area;
14 (ii) is designated as an "association of governments," by direction of the Executive Order,
15 Appendix IV, issued by Governor Calvin Rampton on May 27, 1970; and
16 (iii) is created under Title 11, Chapter 13, Interlocal Cooperation Act.
17 (b) The counties and titles of the seven AOGs are:
18 (i) Bear River Association of Governments: Box Elder, Cache, and Rich counties;
19 (ii) Wasatch Front Regional Council: Davis, Morgan, Salt Lake, Tooele, and Weber
20 counties;
21 (iii) Mountainlands Association of Governments: Summit, Utah, and Wasatch counties;
22 (iv) Six County Association of Governments: Juab, Millard, Piute, Sanpete, Sevier, and
23 Wayne counties;
24 (v) Five County Association of Governments: Beaver, Garfield, Iron, Kane, and
25 Washington counties;
26 (vi) Uintah Basin Association of Governments: Daggett, Duchesne, and Uintah counties;
27 and
28 (vii) Southeastern Association of Governments: Carbon, Emery, Grand, and San Juan
29 counties.
30 (3) "Entity" means agencies, local governments, school districts, special districts, and any
31 board serving any of these, if the board's authority includes planning or advising regarding
1 planning.
2 (4) "Growth policy issues" are:
3 (a) growth and development both within areas where adequate public facilities,
4 infrastructure, and services exist or can be provided in an efficient manner and consideration of
5 where urban growth would result in disproportionately high costs for public services or
6 disproportionately high impacts on the environment;
7 (b) affordable housing for all economic segments of the population of Utah, including a
8 variety of residential densities and housing types, and preservation of existing housing stock;
9 (c) conservation of agricultural and forest lands and avoidance of incompatible uses in
10 these areas;
11 (d) retention of open space and development of recreational opportunities, conservation
12 of fish and wildlife habitat, access to natural resource lands and water, and development of parks;
13 (e) protection of the environment and enhancement of Utah's quality of life, including air
14 and water quality;
15 (f) transportation systems that facilitate and are coordinated with Subsections (a) through
16 (e) above;
17 (g) economic development that is consistent with Subsections (a) through (e) above and
18 coordinated with transportation planning;
19 (h) rights of property owners;
20 (i) making of governmental land use decisions at the local level; and
21 (j) coordination of general planning with adjoining or affected entities.
22 (5) "Local government" means any county or municipal government, or township created
23 under Section 17-27a-104.
24 (6) (a) "Interlocal coordination plan" means a growth plan that is established by an entity
25 regarding air quality, transportation, land use, and water and:
26 (i) is compatible with the regional growth policy as that entity's functions involve or affect
27 those policies; or
28 (ii) if a regional growth policy for the area where the entity is located has not yet been
29 adopted, addresses the growth policy issues.
30 (b) An interlocal coordination plan may be a part or element of the general plan of a
31 county or municipality.
1 (7) "Regional growth policy" means a growth policy established under Section 11-38-103
2 by a joint and cooperative effort of entities:
3 (a) located within the geographical area of an AOG; and
4 (b) who choose to participate in the formulation of the policy.
5 Section 14. Section 11-38-103 is enacted to read:
6 11-38-103. Regional growth policy.
7 (1) The entities within the boundaries of an AOG shall jointly establish a regional growth
8 policy for the area encompassed by the boundaries.
9 (2) The regional growth policy shall:
10 (a) address the growth policy issues;
11 (b) be formulated in an open and cooperative process that includes:
12 (i) public notice; and
13 (ii) opportunity for representatives of entities, representatives of interested federal
14 agencies, and members of the public to participate fully; and
15 (c) reflect, as accurately as possible, the interests and recommendations of the public and
16 the participating entities, as presented during the formulation process.
17 (3) (a) The AOG shall initiate the formulation process by establishing a date and location
18 for the initial meeting and providing public notice of the date and location.
19 (b) The public and representatives of all entities within the AOG have equal right and
20 standing to participate and present recommendations during the formulation process.
21 Section 15. Section 11-38-104 is enacted to read:
22 11-38-104. The role of the AOG as facilitator in planning.
23 (1) The role of an AOG under this chapter is to facilitate, coordinate, and otherwise assist
24 in the planning processes of the local governments and other entities within the AOG.
25 (2) The AOG is not authorized under this chapter to direct, mandate, or otherwise affect
26 the decisions of the entities subject to, or engaged in, the planning process under this chapter.
27 Section 16. Section 11-38-105 is enacted to read:
28 11-38-105. Entities to adopt interlocal coordination plans.
29 (1) (a) Each entity, as defined in this chapter, shall prepare an interlocal coordination plan
30 regarding any activities or functions of the entity that involve or can reasonably be expected to
31 affect air quality, transportation, land use, or water resources.
1 (b) The interlocal coordination plan shall be compatible with the regional growth policy
2 established under Section 11-38-103 for the AOG area where the entity is located.
3 (c) In developing the interlocal coordination plan, the entity shall provide public notice
4 of the interlocal coordination plan preparation, and opportunity to participate in and provide input
5 in the plan preparation process, to the public and:
6 (i) all entities that will be affected, or may reasonably be expected to be affected, by the
7 interlocal coordination plan;
8 (ii) any entity adjacent to or sharing a boundary with the planning entity; and
9 (iii) any agency or local government that grants any permit or other authorization to the
10 entity in order for it to carry out any of the activities that involve or can reasonably be expected
11 to affect air quality, transportation, land use, or water resources.
12 (2) If the entity subject to this section is a local government, the interlocal coordination
13 plan may be a part or element of that local government's general plan.
14 Section 17. Section 11-38-106 is enacted to read:
15 11-38-106. Dispute resolution process.
16 (1) (a) The entities within the boundaries of each participating AOG shall jointly establish
17 a dispute resolution process to serve as a forum for resolving disagreements, regarding
18 compatibility of interlocal coordination plans, that may arise during the development of those
19 plans under this chapter.
20 (b) Any dispute resolution process established under this subsection shall provide for
21 participation by representatives of each party involved in the dispute.
22 (2) The participating AOGs shall jointly establish a dispute resolution process to serve as
23 a forum for resolving conflicts between regional growth policies or between interlocal coordination
24 plans of entities whose mutual boundary is also a boundary between two AOGs.
25 (3) The dispute resolution processes established under this section shall be advisory only.
26 Section 18. Section 11-38-107 is enacted to read:
27 11-38-107. Interlocal coordination plan and regional growth policy review.
28 (1) An entity shall review an interlocal coordination plan or regional growth policy it
29 adopts under this chapter not less than every five years from the date the plan or policy is
30 implemented.
31 (2) The review process shall include public notice and opportunity for participation of
1 entities and the general public to the same extent as required by the interlocal coordination plan
2 or regional growth policy preparation process, as applicable, under this section.
3 Section 19. Section 11-38-108 is enacted to read:
4 11-38-108. Permits and authorizations to be compatible with interlocal coordination
5 plans.
6 An entity that grants any permit or other authorization to any applicant in order for that
7 applicant to carry out any activities that involve or can reasonably be expected to affect air quality,
8 transportation, land use, or water resources shall, when determining whether to grant the permit
9 or authorization:
10 (1) provide public notice and opportunity for comment from the public and affected local
11 governments; and
12 (2) require the applicant to provide a written statement from the local government where
13 the activity is to be carried out, indicating the proposed permit or authorization is compatible with
14 the local government's interlocal coordination plan.
15 Section 20. Section 17-27-103 is amended to read:
16 17-27-103. Definitions -- Notice.
17 (1) As used in this chapter:
18 (a) "Agency" has the same meaning as in Section 11-38-102.
19 [
20 or residential property if the sign is designed or intended to direct attention to a business, product,
21 or service that is not sold, offered, or existing on the property where the sign is located.
22 [
23 an alternative form of government, the official who exercises the executive powers.
24 [
25 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
26 compatible in some areas or may be compatible only if certain conditions are required that mitigate
27 or eliminate the detrimental impacts.
28 [
29 [
30 needs to live with other elderly persons in a group setting, but who is capable of living
31 independently.
1 (g) "Entity" has the same meaning as in Section 11-38-102.
2 [
3 guidelines for proposed future development of the land within the county, as set forth in Sections
4 17-27-301 and 17-27-302.
5 (ii) "General plan" includes what is also commonly referred to as a "master plan."
6 (i) "Growth policy issues" means the issues listed under Section 11-38-102.
7 [
8 (i) has a severe, chronic disability attributable to a mental or physical impairment, or to
9 a combination of mental and physical impairments, that is likely to continue indefinitely and that
10 results in a substantial functional limitation in three or more of the following areas of major life
11 activity:
12 (A) self-care;
13 (B) receptive and expressive language;
14 (C) learning;
15 (D) mobility;
16 (E) self-direction;
17 (F) capacity for independent living; and
18 (G) economic self-sufficiency; and
19 (ii) requires a combination or sequence of special interdisciplinary or generic care,
20 treatment, or other services that are individually planned and coordinated to allow the person to
21 function in, and contribute to, a residential neighborhood.
22 (k) "Interlocal coordination plan" has the same meaning as in Section 11-38-102.
23 [
24 adopted an alternative form of government, the body exercising legislative powers.
25 [
26 two adjoining lots with the consent of the owners of record.
27 [
28 [
29 (i) legally existed before its current zoning designation; and
30 (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
31 setback, height restrictions, or other regulations that govern the structure.
1 [
2 (i) legally existed before its current zoning designation;
3 (ii) has been maintained continuously since the time the zoning regulation governing the
4 land changed; and
5 (iii) because of subsequent zoning changes, does not conform with the zoning regulations
6 that now govern the land.
7 [
8 prohibiting development of the property until the county develops the proposed street.
9 [
10 multiple-family dwelling unit that meets the requirements of Part 5 and any ordinance adopted
11 under authority of that part.
12 (ii) "Residential facility for elderly persons" does not include a health care facility as
13 defined by Section 26-21-2.
14 [
15 multiple-family dwelling unit that meets the requirements of Part 6 and any ordinance adopted
16 under authority of that part.
17 [
18 and any other governmental or quasi-governmental entity that is not a county, municipality, school
19 district, or unit of the state.
20 [
21 parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
22 other ways.
23 [
24 divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
25 whether immediate or future, for offer, sale, lease, or development either on the installment plan
26 or upon any and all other plans, terms, and conditions.
27 (ii) "Subdivision" includes the division or development of land whether by deed, metes
28 and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
29 (iii) "Subdivision" does not include a bona fide division or partition of agricultural land
30 for agricultural purposes or of commercial, manufacturing, or industrial land for commercial,
31 manufacturing, or industrial purposes.
1 [
2 and towns.
3 (2) (a) A county meets the requirements of reasonable notice required by this chapter if
4 it:
5 (i) posts notice of the hearing or meeting in at least three public places within the
6 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
7 in the jurisdiction, if one is available; or
8 (ii) gives actual notice of the hearing or meeting.
9 (b) A county legislative body may enact an ordinance establishing stricter notice
10 requirements than those required by this subsection.
11 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
12 is prima facie evidence that notice was properly given.
13 (ii) If notice given under authority of this section is not challenged as provided in Section
14 17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
15 is considered adequate and proper.
16 Section 21. Section 17-27-105 is amended to read:
17 17-27-105. Property owned by other government units -- Effect of land use and
18 development ordinances.
19 (1) (a) Each county, municipality, school district, special district, and political subdivision
20 [
21 coordination plan, and land use and development ordinances of any county when granting permits
22 or other authorization, or installing, constructing, operating, or otherwise using any area, land, or
23 building situated within that county [
24
25 (b) When state agencies construct, operate, or otherwise use any area, land, or building,
26 or grant permits or other authorizations within a county that involve or may reasonably be
27 expected to affect air quality, transportation, land use, or water, state agencies shall, prior to taking
28 action:
29 (i) notify the county of its intentions;
30 (ii) provide an opportunity for the county and the public to provide comment and input;
31 and
1 (iii) coordinate with the interlocal coordination plan and land use and development
2 ordinances of the affected county.
3 [
4 interlocal coordination plan, or land use and development ordinances are being violated or about
5 to be violated by another political subdivision, that county may institute injunction, mandamus,
6 abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove the
7 improper installation, improvement, or use.
8 (2) A school district is subject to a county's general plan, interlocal coordination plan, and
9 land use and development regulations under this chapter, except that a county may not:
10 (a) impose requirements for landscaping, fencing, aesthetic considerations, construction
11 methods or materials, building codes, building use for educational purposes, or the placement or
12 use of temporary classroom facilities on school property;
13 (b) require a school district to participate in the cost of any roadway or sidewalk not
14 reasonably necessary for the safety of school children and not located on or contiguous to school
15 property, unless the roadway or sidewalk is required to connect an otherwise isolated school site
16 to an existing roadway;
17 (c) require a district to pay fees not authorized by this section;
18 (d) provide for inspection of school construction or assess a fee or other charges for
19 inspection, unless neither the school district nor the state superintendent has provided for
20 inspection by an inspector, other than the project architect or contractor, who is qualified under
21 criteria established by the state superintendent with the approval of the state building board and
22 state fire marshal; or
23 (e) require a school district to pay any impact fee for an improvement project that is not
24 reasonably related to the impact of the project upon the need that the improvement is to address[
25
26 [
27
28 Section 22. Section 17-27-201 is amended to read:
29 17-27-201. Planning commission -- Appointment, term, vacancy, and compensation.
30 (1) Each county [
31 land use ordinance shall enact an ordinance establishing:
1 (a) one countywide planning commission; or
2 (b) one district planning commission for each planning district.
3 (2) If the county establishes a countywide planning commission, the ordinance shall
4 define:
5 (a) the number and terms of the members;
6 (b) the mode of appointment;
7 (c) the procedures for filling vacancies and removal from office; and
8 (d) other details relating to the organization and procedures of the planning commission.
9 (3) (a) If the county establishes district planning commissions, the county legislative body
10 shall enact an ordinance defining appointment procedures, procedures for filling vacancies and
11 removing members from office, and other details relating to the organization and procedures of
12 each district planning commission.
13 (b) Each district planning commission shall consist of seven members appointed by the
14 county executive with the advice and consent of the county legislative body.
15 (c) [
16 qualified[
17 executive shall appoint members of the [
18 commission, the terms of at least two members and no more than three members expire each year.
19 (4) The legislative body may fix per diem compensation for the members of the planning
20 commission, based on necessary and reasonable expenses and on meetings actually attended.
21 Section 23. Section 17-27-204 is amended to read:
22 17-27-204. Powers and duties.
23 (1) A countywide planning commission shall:
24 (a) prepare and recommend to the legislative body as provided in this chapter a general
25 plan, which may include an interlocal coordination plan, and amendments to the general plan [
26
27 (b) recommend zoning ordinances and maps, and amendments to zoning ordinances and
28 maps, to the legislative body as provided in this chapter;
29 (c) administer provisions of the zoning ordinance, where specifically provided for in the
30 zoning ordinance adopted by the legislative body;
31 (d) recommend subdivision regulations and amendments to those regulations to the
1 legislative body as provided in this chapter;
2 (e) recommend approval or denial of subdivision applications as provided in this chapter;
3 (f) advise the legislative body on matters as the legislative body directs;
4 (g) hear or decide any matters that the legislative body designates, including the approval
5 or denial of, or recommendations to approve or deny, conditional use permits;
6 (h) exercise any other powers:
7 (i) that are necessary to enable it to perform its function; or
8 (ii) delegated to it by the legislative body.
9 (2) Each district planning commission shall:
10 (a) prepare and recommend to the legislative body as provided in this chapter a general
11 plan, which may include an interlocal coordination plan, for the planning district and amendments
12 to the general plan [
13 (b) recommend zoning ordinances and maps, and amendments to zoning ordinances and
14 maps, to the legislative body as provided in this chapter;
15 (c) administer provisions of the zoning ordinance, where specifically provided for in the
16 zoning ordinance adopted by the legislative body;
17 (d) recommend subdivision regulations and amendments to those regulations to the
18 legislative body as provided in this chapter;
19 (e) recommend approval or denial of subdivision applications as provided in this chapter;
20 (f) advise the legislative body on matters as the legislative body directs;
21 (g) hear or decide any matters that the legislative body designates, including the approval
22 or denial of, or recommendations to approve or deny, conditional use permits;
23 (h) exercise any other powers:
24 (i) [
25 (ii) delegated to it by the legislative body.
26 (3) The planning commissions shall ensure actions taken under this section are consistent
27 with any general plan and any interlocal coordination plan adopted at that time.
28 Section 24. Section 17-27-301 is amended to read:
29 17-27-301. General plan.
30 (1) In order to accomplish the purposes set forth in this chapter, each county shall prepare
31 and adopt a comprehensive, long range general plan [
1 (a) addresses the present and future needs of the county; [
2 (b) addresses the growth and development of the land within the county or any part of the
3 county, including uses of land for urbanization, trade, industry, residential, agricultural, wildlife
4 habitat, and other purposes[
5 (c) provides for coordination with the plans and needs of entities located adjacent to or
6 within the county.
7 (2) The plan may also provide for:
8 (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic
9 activities, aesthetics, and recreational, educational, and cultural opportunities;
10 (b) the reduction of the waste of physical, financial, or human resources that result from
11 either excessive congestion or excessive scattering of population;
12 (c) the efficient and economical use, conservation, and production of the supply of:
13 (i) food and water; and
14 (ii) drainage, sanitary, and other facilities and resources;
15 (d) the use of energy conservation and solar and renewable energy resources;
16 (e) [
17 (f) the protection and promotion of air quality.
18 (3) The plan may define the county's local customs, local culture, and the components
19 necessary for the county's economic stability.
20 (4) The county may determine the comprehensiveness, extent, and format of the general
21 plan.
22 Section 25. Section 17-27-302 is amended to read:
23 17-27-302. General plan preparation.
24 (1) [
25 proposed general plan for the area within the county.
26 (2) In preparing or amending the general plan, the planning commission shall:
27 (a) be consistent with the interlocal coordination plan required under Section 11-38-105;
28 (b) provide public notice and opportunity to participate regarding the planning process for
29 the proposed plan to the entities and the public:
30 (i) located within the area the plan affects or may reasonably be expected to affect; and
31 (ii) whose boundaries are within or are adjacent to any portion of the county the plan
1 addresses.
2 [
3 planning commission's judgment, [
4 territory or of the county as a whole.
5 [
6 plan or part of a municipal plan for any municipality, unless it is adopted by the municipal
7 planning commission and the governing body of the municipality.
8 (4) If a disagreement regarding the proposed interlocal coordination plan arises between
9 the county and any entity claiming to be affected by any part of the plan, the county and the entity
10 shall submit the issue to the dispute resolution process established under Section 11-38-106.
11 [
12 explanatory matter, shall show the planning commission's recommendations for the development
13 of the territory covered by the plan, and may include, among other things:
14 (a) a land use element that:
15 (i) designates the proposed general distribution and location and extent of uses of land for
16 housing, business, industry, agriculture, recreation, education, public buildings and grounds, open
17 space, and other categories of public and private uses of land as appropriate; and
18 (ii) may include a statement of the standards of population density and building intensity
19 recommended for the various land use categories covered by the plan;
20 (b) a transportation and circulation element consisting of the general location and extent
21 of existing and proposed freeways, arterial and collector streets, mass transit, and any other modes
22 of transportation that are appropriate, all correlated with the land use element of the plan;
23 (c) an environmental element that addresses:
24 (i) the protection, conservation, development, and use of natural resources, including the
25 quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other
26 natural resources; and
27 (ii) the reclamation of land, flood control, prevention and control of the pollution of
28 streams and other waters, regulation of the use of land on hillsides, stream channels and other
29 environmentally sensitive areas, the prevention, control, and correction of the erosion of soils,
30 protection of watersheds and wetlands, and the mapping of known geologic hazards;
31 (d) a public services and facilities element showing general plans for sewage, waste
1 disposal, drainage, local utilities, rights-of-way, easements, and facilities for them, police and fire
2 protection, and other public services;
3 (e) a rehabilitation, redevelopment, and conservation element consisting of plans and
4 programs for:
5 (i) historic preservation; and
6 (ii) the elimination of blight and for redevelopment, including housing sites, business and
7 industrial sites, and public building sites;
8 (f) an economic element composed of appropriate studies and an economic development
9 plan that may include review of county revenue and expenditures, revenue sources, identification
10 of base and residentiary industry, primary and secondary market areas, employment, and retail
11 sales activity;
12 (g) recommendations for implementing the plan, including the use of zoning ordinances,
13 subdivision ordinances, capital improvement plans, and other appropriate actions; and
14 (h) any other elements that the county considers appropriate.
15 Section 26. Section 17-27-303 is amended to read:
16 17-27-303. Plan adoption.
17 (1) (a) After completing a proposed general plan for all or part of the area within the
18 county, the planning commission shall schedule and hold a public hearing on the proposed plan.
19 (b) The planning commission shall provide reasonable notice of the public hearing at least
20 14 days before the date of the hearing.
21 (c) After the public hearing, the planning commission may make changes to the proposed
22 general plan.
23 (2) The planning commission shall then forward the proposed general plan to the
24 legislative body.
25 (3) (a) The legislative body shall hold a public hearing on the proposed general plan
26 recommended to it by the planning commission.
27 (b) The legislative body shall provide reasonable notice of the public hearing at least 14
28 days before the date of the hearing.
29 (4) After the public hearing, the legislative body may make any modifications to the
30 proposed general plan that it considers appropriate and consistent with the interlocal coordination
31 plan.
1 (5) The legislative body may:
2 (a) adopt the proposed general plan without amendment;
3 (b) amend the proposed general plan and adopt or reject it as amended; or
4 (c) reject the proposed general plan.
5 [
6 [
7
8 (6) All zoning and land use ordinances, and other regulations of the county shall be
9 consistent with the general plan and the interlocal coordination plan.
10 Section 27. Section 17-27-303.5 is enacted to read:
11 17-27-303.5. Updating general plans.
12 (1) General plans adopted under this chapter shall be updated or readopted not less
13 frequently than every five years from the date the original plan is adopted.
14 (2) The procedure in conducting the update shall include at a minimum the same notice
15 and opportunities for input in the process as required for the preparation of an original plan under
16 this chapter.
17 Section 28. Section 17-27-402 is amended to read:
18 17-27-402. Preparation and adoption.
19 (1) [
20 prepare and recommend to the legislative body [
21 the full text of the zoning ordinance and maps, that represents the commission's recommendations
22 for zoning all or any part of the area within the county.
23 (b) The proposed ordinance shall be consistent with the general plan and interlocal
24 coordination plan adopted by the county.
25 (2) As part of the zoning ordinance preparation process, the planning commission shall
26 provide at least 14 days' notice of the hearing, and the opportunity to provide written comment,
27 to governmental entities whose boundaries, or any portion of their boundaries, are:
28 (a) located within or are adjacent to the area of the county the proposed zoning ordinance
29 addresses; or
30 (b) are within an area adjacent to the area the proposed zoning ordinance addresses or
31 could reasonably be expected to affect.
1 [
2 ordinance recommended to it by the planning commission.
3 [
4 14 days before the date of the hearing.
5 [
6 (a) adopt the zoning ordinance as proposed;
7 (b) amend the zoning ordinance and adopt or reject the zoning ordinance as amended; or
8 (c) reject the ordinance.
9 Section 29. Section 17-27-404 is amended to read:
10 17-27-404. Temporary regulations.
11 (1) [
12 temporary zoning regulations for any part or all of the area within the county [
13 compliance with this section.
14 (2) If the legislative body has adopted a general plan, an interlocal coordination plan, or
15 both, temporary zoning regulations may be enacted under this section if:
16 (a) the zoning regulations are consistent with any adopted general plan and interlocal
17 coordination plan;
18 [
19 or
20 [
21 (3) If the legislative body has not adopted a general plan or an interlocal coordination plan,
22 temporary zoning regulations may be enacted under this section if:
23 (a) the legislative body makes a finding of compelling, countervailing public interest; or
24 (b) the area is unzoned.
25 [
26 prohibit, restrict, or regulate the erection, construction, reconstruction, or alteration of any building
27 or structure or subdivision approval.
28 [
29 ordinances not to exceed six months.
30 Section 30. Section 17-27-801 is amended to read:
31 17-27-801. Enactment of subdivision ordinance.
1 [
2 [
3 (1) be consistent with the general plan and the interlocal coordination plan of the county;
4 and
5 (2) require that a subdivision plat comply with the provisions of the subdivision ordinance
6 and be approved as required by this part before:
7 [
8 [
9 Section 31. Repealer.
10 This act repeals:
11 Section 10-9-401, General powers.
12 Section 17-27-401, General powers.
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