3-2 Planning commission responsibility

(1) (a) The planning commission shall make and recommend to the county commission a proposed general plan for the unincorporated area within the county. (b) (i) The plan may include planning for incorporated areas if, in the planning commission's judgment, they are related to the planning of the unincorporated territory or of the county as a whole. (ii) Elements of the county plan that address incorporated areas are not an official plan or part of a municipal plan for any municipality, unless it is adopted by the municipal governing body. (2) The general plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the planning commission's recommendations for the development of the territory covered by the plan, and shall include, among other things: (a) recommendations for implementing the plan, including the use of land use ordinances, subdivision ordinances, capital improvement plans, and other appropriate actions; (b) any other elements that the county commission considers appropriate; (c) a reasonable opportunity for a variety of housing, including moderate income housing, to meet the needs of people desiring to live there; and (d) locating moderate income housing in all areas of a community to allow persons with moderate incomes to benefit from and to fully participate in all aspects of neighborhood and community life. (3) As used in this section: (a) "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 of the county statistical area for households of the same size. (b) "Plan for moderate income housing" or "plan" means a written document prepared by the county planner, recommended by the planning commission and adopted by the county commission that includes, but is not limited to: (i) an estimate of the existing supply of moderate income housing located within the county; (ii) an estimate of the need for moderate income housing in that county for the next five years as revised annually; (iii) a survey of total residential zoning; (iv) an evaluation of how existing zoning densities affect opportunities for moderate income housing; and (v) a description of the county's program to encourage an adequate supply of moderate income housing. (4) The plan shall provide for moderate income housing by any means or combination of techniques which provide a realistic opportunity to meet estimated needs. The plan may include an analysis of why the means or techniques selected provide a realistic opportunity to meet the objectives of this section. Such techniques may include: (a) rezoning for densities necessary to assure the economic viability of inclusionary developments, either through mandatory set asides or density bonuses; (b) infrastructure expansion and rehabilitation that will facilitate the construction of moderate income housing; (c) rehabilitation of existing uninhabitable housing stock; (d) consideration of waiving construction-related fees generally imposed by the county; (e) utilization of state or federal funds or tax incentives to promote the construction of moderate income housing; (f) utilization of programs offered by the Utah Housing Corporation within that agency's funding capacity; and (g) utilization of affordable housing programs administered by the Department of Community and Economic Development. (5) (a) After adoption of a plan for moderate income housing, each planning commission shall biannually: (i) review the plan and its implementation; and (ii) prepare a report setting forth the findings of the review. TOOELE COUNTY LAND USE ORDINANCE – CHAPTER 3 (b) Each report under Subsection (5)(a)(ii) shall include a description of: (i) efforts made by the county to reduce, mitigate, or eliminate local regulatory barriers to moderate income housing; (ii) actions taken by the county to encourage preservation of existing moderate income housing and development of new moderate income housing; (iii) progress made within the county to provide moderate income housing, as measured by permits issued for new units of moderate income housing; and (iv) efforts made by the county to coordinate moderate income housing plans and actions with neighboring municipalities or counties. (Ord 2005-22, 9/13/05)