1     
TRANSFERABLE DEVELOPMENT AGREEMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kraig Powell

5     
Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill enacts language related to transferable development rights.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows a municipality and county to enter into an agreement to allow the transfer of
13     development rights between their respective jurisdictions.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          10-9a-509.7, as last amended by Laws of Utah 2012, Chapter 231
21          17-27a-509.7, as last amended by Laws of Utah 2012, Chapter 231
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 10-9a-509.7 is amended to read:
25          10-9a-509.7. Transferable development rights.
26          (1) A municipality may adopt an ordinance:
27          (a) designating sending zones and receiving zones within the municipality; and

28          (b) allowing the transfer of a transferable development right from a sending zone to a
29     receiving zone.
30          (2) A municipality may not allow the use of a transferable development right unless the
31     municipality adopts an ordinance described in Subsection (1).
32          (3) A municipality may enter into, in accordance with Title 11, Chapter 13, Interlocal
33     Cooperation Act, an interlocal agreement with a county to designate or use sending and
34     receiving zones located in the county's jurisdiction and allow the transfer of transferable
35     development rights between sending and receiving zones that are located in the respective
36     municipality's and county's jurisdictions.
37          Section 2. Section 17-27a-509.7 is amended to read:
38          17-27a-509.7. Transferable development rights.
39          (1) A county may adopt an ordinance:
40          (a) designating sending zones and receiving zones within the unincorporated area of
41     the county; and
42          (b) allowing the transfer of a transferable development right from a sending zone to a
43     receiving zone.
44          (2) A county may not allow the use of a transferable development right unless the
45     county adopts an ordinance described in Subsection (1).
46          (3) A county may enter into, in accordance with Title 11, Chapter 13, Interlocal
47     Cooperation Act, an interlocal agreement with a municipality to designate or use sending and
48     receiving zones located in the municipality's jurisdiction and allow the transfer of transferable
49     development rights between sending and receiving zones that are located in the respective
50     county's and municipality's jurisdictions.






Legislative Review Note
     as of 2-9-15 11:07 AM


Office of Legislative Research and General Counsel