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United States — Utah legislation

Utah Code § 10-21-202

Moderate income housing report -- Contents -- Prioritization for funds or projects -- Ineligibility for funds after noncompliance -- Civil actions. The legislative body of a specified municipality…

Source excerpt

administrative appealadministrative complianceappealsappeals processboard compositiondecision deadlinesdensity bonusfeesfunding eligibilitygovernment disclosurehousinghousing reportinghousing strategy oversightinvestment zonesland useland use planningland use reportingmarket responsemoderate income housingmunicipal administrationmunicipal compliancemunicipal compliance reportingmunicipal planningmunicipal priority considerationmunicipal reportingnoncompliance determinationsplanningpriority considerationreinvestment zonesreporting complianceresidential certificates of occupancytransittransportation administrationtransportation projectszoning
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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“Moderate income housing report -- Contents -- Prioritization for funds or projects -- Ineligibility for funds after noncompliance -- Civil actions. The legislative body of a specified municipality shall submit an initial moderate income”

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Subsection 10-21-202(8)(e)(iii)

The notice must tell the specified municipality it may request an appeal within 10 days after the second noncompliance notice is sent, and that failing to act may make the municipality ineligible for funds under Subsection (10).

Section 10-21-202(8)(e)(iii)

Subsection 10-21-202(11)

In a civil action under this provision or Subsection 10-20-405(4)(c), a plaintiff may not recover damages and may obtain only injunctive or other equitable relief.

Section 10-21-202(11)

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Showing 143 of 143 provisions

Provision 143

Part 10-21-2

part 10-21-2 Municipal Plans for Housing

§ 10-21-202Moderate income housing report -- Contents -- Prioritization for funds or projects -- Ineligibility for funds after noncompliance -- Civil actions.Provision

Source excerpt

Moderate income housing report -- Contents -- Prioritization for funds or projects -- Ineligibility for funds after noncompliance -- Civil actions. The legislative body of a specified municipality shall submit an initial moderate income

Moderate income housing report -- Contents -- Prioritization for funds or projects -- Ineligibility for funds after noncompliance -- Civil actions. The legislative body of a specified municipality shall submit an initial moderate income housing report to the division. This Subsection (1)(b) applies to a municipality that is not a specified municipality as of January 1, 2023. As of January 1, if a municipality changes from one class to another or grows in population to qualify as a specified municipality, the municipality shall submit an initial plan to the division on or before August 1 of the first calendar year beginning on January 1 in which the municipality qualifies as a specified municipality. The initial report shall: identify each moderate income housing strategy selected by the specified municipality for continued, ongoing, or one-time implementation, restating the exact language used to describe the moderate income housing strategy; and include an implementation plan. For reporting year 2026: a specified municipality complies with the reporting requirements described in this section if the specified municipality satisfied the reporting requirements in 2025; a specified municipality qualifies for priority consideration under Subsection (5)(a) if the specified municipality qualified for priority consideration in 2025; the Department of Transportation shall consider all municipalities that the Department of Transportation received a notice of prioritization for in 2025 eligible for priority consideration under Subsection (5)(a) ; and on or before July 1, 2026, a specified municipality shall report to the division on the number of residential certificates of occupancy the municipality issued during the previous 12-month period. After the division approves a specified municipality's initial report under this section, the specified municipality shall, as an administrative act, annually submit to the division a subsequent progress report on or before August 1 of each year after the year in which the specified municipality is required to submit the initial report. The subsequent progress report shall include: subject to Subsection (2)(c) , a description of each action, whether one-time or ongoing, taken by the specified municipality during the previous 12-month period to implement the moderate income housing strategies identified in the initial report for implementation; a description of each land use regulation or land use decision made by the specified municipality during the previous 12-month period to implement the moderate income housing strategies, including an explanation of how the land use regulation or land use decision supports the specified municipality's efforts to implement the moderate income housing strategies; a description of any barriers encountered by the specified municipality in the previous 12-month period in implementing the moderate income housing strategies; information regarding the number of internal and external or detached accessory dwelling units located within the specified municipality for which the specified municipality: issued a building permit to construct; or issued a business license or comparable license or permit to rent; the number of residential dwelling units that have been entitled that have not received a building permit as of the submission date of the progress report; the number of new residential dwelling units, as measured by the number of residential certificates of occupancy the specified municipality issued during the previous 12-month period; the estimated percent change of total residential dwelling units, as measured by comparing the number of residential certificates of occupancy the specified municipality issued during the previous 12-month period to the number of housing units that existed in the specified municipality before the day on which the previous 12-month period began; shapefiles, or website links if shapefiles are not available, to current maps and tables related to zoning; a description of how the market has responded to the selected moderate income housing strategies, including the number of entitled moderate income housing units or other relevant data; and any recommendations on how the state can support the specified municipality in implementing the moderate income housing strategies. For purposes of describing actions taken by a specified municipality under Subsection (2)(b)(i) , the specified municipality may include an ongoing action taken by the specified municipality before the 12-month reporting period applicable to the subsequent progress report if the specified municipality: has already adopted an ordinance, approved a land use application, made an investment, or approved an agreement or financing that substantially promotes the implementation of a moderate income housing strategy identified in the initial report; and demonstrates in the subsequent progress report that the action taken under Subsection (2)(c)(i) is relevant to making meaningful progress towards the specified municipality's implementation plan. A specified municipality's report shall be in a form: approved by the division; and made available by the division on or before May 1 of the year in which the report is required. Within 90 days after the day on which the division receives a specified municipality's report, the division shall: post the report on the division's website; send a copy of the report to the Department of Transportation, the Governor's Office of Planning and Budget, the association of governments in which the specified municipality is located, and, if the specified municipality is located within the boundaries of a metropolitan planning organization, the appropriate metropolitan planning organization; and subject to Subsection (4) , review the report to determine compliance with this section. An initial report complies with this section if the report: includes the information required under Subsection (1)(c) ; demonstrates to the division that the specified municipality made plans to implement: three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or if the specified municipality has a fixed guideway public transit station: five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income strategy described in Subsection 10-21-201(3)(a)(iii) ; and is in a form approved by the division. A subsequent progress report complies with this section if the report: demonstrates to the division that the specified municipality made plans to implement: three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or if the specified municipality has a fixed guideway public transit station: five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii) ; is in a form approved by the division; and provides sufficient information for the division to: assess the specified municipality's progress in implementing the moderate income housing strategies; monitor compliance with the specified municipality's implementation plan; identify a clear correlation between the specified municipality's land use regulations and land use decisions and the specified municipality's efforts to implement the moderate income housing strategies; identify how the market has responded to the specified municipality's selected moderate income housing strategies; determine if the percent change of new residential dwelling units in the municipality during the previous 12-month period is 2.5% or greater; and identify any barriers encountered by the specified municipality in implementing the selected moderate income housing strategies. Notwithstanding the requirements of Subsection (4)(a)(ii)(A) or (b)(i)(A) , if a specified municipality without a fixed guideway public transit station implements or is implementing, by ordinance or development agreement, one of the following moderate income housing strategies, the division shall consider that one moderate income housing strategy to be the equivalent of three moderate income housing strategies: a housing and transit reinvestment zone, as described in Subsection 10-21-201(3)(a)(iii)(X) ; a home ownership promotion zone, as described in Subsection 10-21-201(3)(a)(iii)(Y) ; a first home investment zone, described in Subsection 10-21-201(3)(a)(iii)(Z) ; the approval or completion of a project described in Subsection 10-21-201(3)(a)(iii)(AA) ; a qualifying affordable home ownership density bonus for single-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(BB) ; or a qualifying affordable home ownership density bonus for multi-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(CC) . If the division considers one moderate income housing strategy described in Subsection (4)(c)(i) as the equivalent of three moderate income housing strategies, the division shall also consider the specified municipality compliant with the reporting requirement described in this section for: the year in which the specified municipality submits the initial report or subsequent report; and two subsequent reporting years. A specified municipality qualifies for priority consideration under this Subsection (5) if the specified municipality's report: complies with this section; and demonstrates to the division that the specified municipality made plans to implement: five or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or six or more moderate income housing strategies if the specified municipality has a fixed guideway public transit station. The Transportation Commission may, in accordance with Subsection 72-1-304(3)(c) , give priority consideration to transportation projects located within the boundaries of a specified municipality described in Subsection (5)(a) until the Department of Transportation receives notice from the division under Subsection (7)(c). In addition to the priority consideration a specified municipality may receive under Subsection (5) , a specified municipality qualifies for priority consideration under this Subsection (6) if the specified municipality's report: complies with this section; and demonstrates to the division that the specified municipality's percent change of new residential dwelling units in the municipality during the previous 12-month period, as described in Subsection (2)(b)(vii) , is 2.5% or greater. The Transportation Commission shall, in accordance with Subsection 72-1-304(3)(c) , give priority consideration to a significant regional transportation project, as determined by the Transportation Commission, that benefits a specified municipality described in Subsection (6)(a) and is located within or outside the boundaries of the specified municipality until the Department of Transportation receives notice from the division under Subsection (7)(c) . Upon determining that a specified municipality qualifies for priority consideration under Subsection (5) or (6), the division shall send a notice of prioritization to the legislative body of the specified municipality and the Department of Transportation. The notice described in Subsection (7)(a) shall: name the specified municipality that qualifies for priority consideration; describe the funds or projects for which the specified municipality qualifies to receive priority consideration under Subsection (5) or (6); and state the basis for the division's determination that the specified municipality qualifies for priority consideration. The division shall notify the legislative body of a specified municipality and the Department of Transportation in writing if the division determines that the specified municipality no longer qualifies for priority consideration under Subsection (5) or (6). If the division, after reviewing a specified municipality's report, determines that the report does not comply with this section, the division shall send a notice of noncompliance to the legislative body of the specified municipality. A specified municipality that receives a notice of noncompliance may: cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent. The notice described in Subsection (8)(a) shall: describe each deficiency in the report and the actions needed to cure each deficiency; state that the specified municipality has an opportunity to: submit to the division a corrected report that cures each deficiency in the report within 90 days after the day on which the notice of compliance is sent; or submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent; and state that failure to take action under Subsection (8)(c)(ii) will result in the specified municipality's ineligibility for funds under Subsection (10). For purposes of curing the deficiencies in a report under this Subsection (8), if the action needed to cure the deficiency as described by the division requires the specified municipality to make a legislative change, the specified municipality may cure the deficiency by making that legislative change within the 90-day cure period. If a specified municipality submits to the division a corrected report in accordance with Subsection (8)(b)(i) and the division determines that the corrected report does not comply with this section, the division shall send a second notice of noncompliance to the legislative body of the specified municipality within 30 days after the day on which the corrected report is submitted. A specified municipality that receives a second notice of noncompliance may submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent. The notice described in Subsection (8)(e)(i) shall: state that the specified municipality has an opportunity to submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; and state that failure to take action under Subsection (8)(e)(iii)(A) will result in the specified municipality's ineligibility for funds under Subsection (10). A specified municipality that receives a notice of noncompliance under Subsection (8)(a) or (8)(e)(i) may request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent. Within 90 days after the day on which the division receives a request for an appeal, an appeal board consisting of the following three members shall review and issue a written decision on the appeal: one individual appointed by the Utah League of Cities and Towns; one individual appointed by the Utah Homebuilders Association; and one individual appointed by the presiding member of the association of governments, established in accordance with an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the specified municipality is a member. The written decision of the appeal board shall either uphold or reverse the division's determination of noncompliance. The appeal board's written decision on the appeal is final. A specified municipality is ineligible for funds under this Subsection (10) if: the specified municipality fails to submit a report to the division; after submitting a report to the division, the division determines that the report does not comply with this section and the specified municipality fails to: cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent; after submitting to the division a corrected report to cure the deficiencies in a previously submitted report, the division determines that the corrected report does not comply with this section and the specified municipality fails to request an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; or after submitting a request for an appeal under Subsection (9), the appeal board issues a written decision upholding the division's determination of noncompliance. The following apply to a specified municipality described in Subsection (10)(a) until the division provides notice under Subsection (10)(e): the executive director of the Department of Transportation may not program funds from the Transportation Investment Fund of 2005, including the Transit Transportation Investment Fund, to projects located within the boundaries of the specified municipality in accordance with Subsection 72-2-124(5) ; beginning with a report submitted in 2024, the specified municipality shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified municipality: fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (8); and beginning with the report submitted in 2025, the specified municipality shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified municipality, in a consecutive year: fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (8). Upon determining that a specified municipality is ineligible for funds under this Subsection (10), and is required to pay a fee under Subsection (10)(b), if applicable, the division shall send a notice of ineligibility to the legislative body of the specified municipality, the Department of Transportation, the State Tax Commission, and the Governor's Office of Planning and Budget. The notice described in Subsection (10)(c) shall: name the specified municipality that is ineligible for funds; describe the funds for which the specified municipality is ineligible to receive; describe the fee the specified municipality is required to pay under Subsection (10)(b), if applicable; and state the basis for the division's determination that the specified municipality is ineligible for funds. The division shall notify the legislative body of a specified municipality and the Department of Transportation in writing if the division determines that the provisions of this Subsection (10) no longer apply to the specified municipality. The division may not determine that a specified municipality that is required to pay a fee under Subsection (10)(b) is in compliance with the reporting requirements of this section until the specified municipality pays all outstanding fees required under Subsection (10)(b) to the Olene Walker Housing Loan Fund, created in Section 63N-24-302 . In a civil action seeking enforcement or claiming a violation of this section or of Subsection 10-20-405(4)(c) , a plaintiff may not recover damages but may be awarded only injunctive or other equitable relief.
Section 10-21-202Verify source
§ 10-21-202(1)Subsection 10-21-202(1)Provision

Source excerpt

Certain municipalities must file an initial moderate income housing report with the division, and newly qualifying municipalities must file an initial plan by August 1 of the first calendar year they qualify.

The legislative body of a specified municipality shall submit an initial moderate income housing report to the division. This Subsection (1)(b) applies to a municipality that is not a specified municipality as of January 1, 2023. As of January 1, if a municipality changes from one class to another or grows in population to qualify as a specified municipality, the municipality shall submit an initial plan to the division on or before August 1 of the first calendar year beginning on January 1 in which the municipality qualifies as a specified municipality. The initial report shall: identify each moderate income housing strategy selected by the specified municipality for continued, ongoing, or one-time implementation, restating the exact language used to describe the moderate income housing strategy; and include an implementation plan. For reporting year 2026: a specified municipality complies with the reporting requirements described in this section if the specified municipality satisfied the reporting requirements in 2025; a specified municipality qualifies for priority consideration under Subsection (5)(a) if the specified municipality qualified for priority consideration in 2025; the Department of Transportation shall consider all municipalities that the Department of Transportation received a notice of prioritization for in 2025 eligible for priority consideration under Subsection (5)(a) ; and on or before July 1, 2026, a specified municipality shall report to the division on the number of residential certificates of occupancy the municipality issued during the previous 12-month period.
Section 10-21-202(1)Verify source
§ 10-21-202(1)(a)Subsection 10-21-202(1)(a)Provision

Source excerpt

The legislative body of a specified municipality must submit an initial moderate income housing report to the division.

The legislative body of a specified municipality shall submit an initial moderate income housing report to the division.
Section 10-21-202(1)(a)Verify source
§ 10-21-202(1)(b)Subsection 10-21-202(1)(b)Provision

Source excerpt

Some municipalities must submit an initial plan to the division by August 1 in the first calendar year after they qualify as a specified municipality.

This Subsection (1)(b) applies to a municipality that is not a specified municipality as of January 1, 2023. As of January 1, if a municipality changes from one class to another or grows in population to qualify as a specified municipality, the municipality shall submit an initial plan to the division on or before August 1 of the first calendar year beginning on January 1 in which the municipality qualifies as a specified municipality.
Section 10-21-202(1)(b)Verify source
§ 10-21-202(1)(b)(i)Subsection 10-21-202(1)(b)(i)Provision

Source excerpt

This subsection applies to a municipality that is not a specified municipality as of January 1, 2023.

This Subsection (1)(b) applies to a municipality that is not a specified municipality as of January 1, 2023.
Section 10-21-202(1)(b)(i)Verify source
§ 10-21-202(1)(b)(ii)Subsection 10-21-202(1)(b)(ii)Provision

Source excerpt

If a municipality becomes a specified municipality, it must submit an initial plan to the division by August 1 of the first calendar year that begins on January 1 after it qualifies.

As of January 1, if a municipality changes from one class to another or grows in population to qualify as a specified municipality, the municipality shall submit an initial plan to the division on or before August 1 of the first calendar year beginning on January 1 in which the municipality qualifies as a specified municipality.
Section 10-21-202(1)(b)(ii)Verify source
§ 10-21-202(1)(c)Subsection 10-21-202(1)(c)Provision

Source excerpt

The initial report must identify each selected moderate income housing strategy and include an implementation plan.

The initial report shall: identify each moderate income housing strategy selected by the specified municipality for continued, ongoing, or one-time implementation, restating the exact language used to describe the moderate income housing strategy; and include an implementation plan.
Section 10-21-202(1)(c)Verify source
§ 10-21-202(1)(c)(i)Subsection 10-21-202(1)(c)(i)Provision

Source excerpt

The specified municipality must identify each moderate income housing strategy it selected for continued, ongoing, or one-time implementation and restate the exact language used to describe it.

identify each moderate income housing strategy selected by the specified municipality for continued, ongoing, or one-time implementation, restating the exact language used to describe the moderate income housing strategy; and
Section 10-21-202(1)(c)(i)Verify source
§ 10-21-202(1)(c)(ii)Subsection 10-21-202(1)(c)(ii)Provision

Source excerpt

include an implementation plan.

include an implementation plan.
Section 10-21-202(1)(c)(ii)Verify source
§ 10-21-202(1)(d)Subsection 10-21-202(1)(d)Provision

Source excerpt

For reporting year 2026, a specified municipality must report to the division by July 1, 2026, on the number of residential certificates of occupancy it issued in the previous 12 months.

For reporting year 2026: a specified municipality complies with the reporting requirements described in this section if the specified municipality satisfied the reporting requirements in 2025; a specified municipality qualifies for priority consideration under Subsection (5)(a) if the specified municipality qualified for priority consideration in 2025; the Department of Transportation shall consider all municipalities that the Department of Transportation received a notice of prioritization for in 2025 eligible for priority consideration under Subsection (5)(a) ; and on or before July 1, 2026, a specified municipality shall report to the division on the number of residential certificates of occupancy the municipality issued during the previous 12-month period.
Section 10-21-202(1)(d)Verify source
§ 10-21-202(1)(d)(i)Subsection 10-21-202(1)(d)(i)Provision

Source excerpt

A specified municipality is treated as complying with the section’s reporting requirements if it satisfied those reporting requirements in 2025.

a specified municipality complies with the reporting requirements described in this section if the specified municipality satisfied the reporting requirements in 2025;
Section 10-21-202(1)(d)(i)Verify source
§ 10-21-202(1)(d)(ii)Subsection 10-21-202(1)(d)(ii)Provision

Source excerpt

A specified municipality qualifies for priority consideration if it qualified for priority consideration in 2025.

a specified municipality qualifies for priority consideration under Subsection (5)(a) if the specified municipality qualified for priority consideration in 2025;
Section 10-21-202(1)(d)(ii)Verify source
§ 10-21-202(1)(d)(iii)Subsection 10-21-202(1)(d)(iii)Provision

Source excerpt

The Department of Transportation must consider certain municipalities eligible for priority consideration under Subsection (5)(a).

the Department of Transportation shall consider all municipalities that the Department of Transportation received a notice of prioritization for in 2025 eligible for priority consideration under Subsection (5)(a) ; and
Section 10-21-202(1)(d)(iii)Verify source
§ 10-21-202(1)(d)(iv)Subsection 10-21-202(1)(d)(iv)Provision

Source excerpt

A specified municipality must report to the division the number of residential certificates of occupancy it issued during the previous 12 months by July 1, 2026.

on or before July 1, 2026, a specified municipality shall report to the division on the number of residential certificates of occupancy the municipality issued during the previous 12-month period.
Section 10-21-202(1)(d)(iv)Verify source
§ 10-21-202(2)Subsection 10-21-202(2)Provision

Source excerpt

The specified municipality must file an annual subsequent progress report with the division after its initial report is approved, and the report must follow the division-approved form.

After the division approves a specified municipality's initial report under this section, the specified municipality shall, as an administrative act, annually submit to the division a subsequent progress report on or before August 1 of each year after the year in which the specified municipality is required to submit the initial report. The subsequent progress report shall include: subject to Subsection (2)(c) , a description of each action, whether one-time or ongoing, taken by the specified municipality during the previous 12-month period to implement the moderate income housing strategies identified in the initial report for implementation; a description of each land use regulation or land use decision made by the specified municipality during the previous 12-month period to implement the moderate income housing strategies, including an explanation of how the land use regulation or land use decision supports the specified municipality's efforts to implement the moderate income housing strategies; a description of any barriers encountered by the specified municipality in the previous 12-month period in implementing the moderate income housing strategies; information regarding the number of internal and external or detached accessory dwelling units located within the specified municipality for which the specified municipality: issued a building permit to construct; or issued a business license or comparable license or permit to rent; the number of residential dwelling units that have been entitled that have not received a building permit as of the submission date of the progress report; the number of new residential dwelling units, as measured by the number of residential certificates of occupancy the specified municipality issued during the previous 12-month period; the estimated percent change of total residential dwelling units, as measured by comparing the number of residential certificates of occupancy the specified municipality issued during the previous 12-month period to the number of housing units that existed in the specified municipality before the day on which the previous 12-month period began; shapefiles, or website links if shapefiles are not available, to current maps and tables related to zoning; a description of how the market has responded to the selected moderate income housing strategies, including the number of entitled moderate income housing units or other relevant data; and any recommendations on how the state can support the specified municipality in implementing the moderate income housing strategies. For purposes of describing actions taken by a specified municipality under Subsection (2)(b)(i) , the specified municipality may include an ongoing action taken by the specified municipality before the 12-month reporting period applicable to the subsequent progress report if the specified municipality: has already adopted an ordinance, approved a land use application, made an investment, or approved an agreement or financing that substantially promotes the implementation of a moderate income housing strategy identified in the initial report; and demonstrates in the subsequent progress report that the action taken under Subsection (2)(c)(i) is relevant to making meaningful progress towards the specified municipality's implementation plan. A specified municipality's report shall be in a form: approved by the division; and made available by the division on or before May 1 of the year in which the report is required.
Section 10-21-202(2)Verify source
§ 10-21-202(2)(a)Subsection 10-21-202(2)(a)Provision

Source excerpt

After the division approves the initial report, the specified municipality must submit a subsequent progress report to the division every year by August 1.

After the division approves a specified municipality's initial report under this section, the specified municipality shall, as an administrative act, annually submit to the division a subsequent progress report on or before August 1 of each year after the year in which the specified municipality is required to submit the initial report.
Section 10-21-202(2)(a)Verify source
§ 10-21-202(2)(b)Subsection 10-21-202(2)(b)Provision

Source excerpt

The specified municipality must include several listed items in its subsequent progress report.

The subsequent progress report shall include: subject to Subsection (2)(c) , a description of each action, whether one-time or ongoing, taken by the specified municipality during the previous 12-month period to implement the moderate income housing strategies identified in the initial report for implementation; a description of each land use regulation or land use decision made by the specified municipality during the previous 12-month period to implement the moderate income housing strategies, including an explanation of how the land use regulation or land use decision supports the specified municipality's efforts to implement the moderate income housing strategies; a description of any barriers encountered by the specified municipality in the previous 12-month period in implementing the moderate income housing strategies; information regarding the number of internal and external or detached accessory dwelling units located within the specified municipality for which the specified municipality: issued a building permit to construct; or issued a business license or comparable license or permit to rent; the number of residential dwelling units that have been entitled that have not received a building permit as of the submission date of the progress report; the number of new residential dwelling units, as measured by the number of residential certificates of occupancy the specified municipality issued during the previous 12-month period; the estimated percent change of total residential dwelling units, as measured by comparing the number of residential certificates of occupancy the specified municipality issued during the previous 12-month period to the number of housing units that existed in the specified municipality before the day on which the previous 12-month period began; shapefiles, or website links if shapefiles are not available, to current maps and tables related to zoning; a description of how the market has responded to the selected moderate income housing strategies, including the number of entitled moderate income housing units or other relevant data; and any recommendations on how the state can support the specified municipality in implementing the moderate income housing strategies.
Section 10-21-202(2)(b)Verify source
§ 10-21-202(2)(b)(i)Subsection 10-21-202(2)(b)(i)Provision

Source excerpt

subject to Subsection (2)(c) , a description of each action, whether one-time or ongoing, taken by the specified municipality during the previous 12-month period to implement the moderate income housing strategies identified in the initial

subject to Subsection (2)(c) , a description of each action, whether one-time or ongoing, taken by the specified municipality during the previous 12-month period to implement the moderate income housing strategies identified in the initial report for implementation;
Section 10-21-202(2)(b)(i)Verify source
§ 10-21-202(2)(b)(ii)Subsection 10-21-202(2)(b)(ii)Provision

Source excerpt

a description of each land use regulation or land use decision made by the specified municipality during the previous 12-month period to implement the moderate income housing strategies, including an explanation of how the land use

a description of each land use regulation or land use decision made by the specified municipality during the previous 12-month period to implement the moderate income housing strategies, including an explanation of how the land use regulation or land use decision supports the specified municipality's efforts to implement the moderate income housing strategies;
Section 10-21-202(2)(b)(ii)Verify source
§ 10-21-202(2)(b)(iii)Subsection 10-21-202(2)(b)(iii)Provision

Source excerpt

a description of any barriers encountered by the specified municipality in the previous 12-month period in implementing the moderate income housing strategies;

a description of any barriers encountered by the specified municipality in the previous 12-month period in implementing the moderate income housing strategies;
Section 10-21-202(2)(b)(iii)Verify source
§ 10-21-202(2)(b)(iv)Subsection 10-21-202(2)(b)(iv)Provision

Source excerpt

information regarding the number of internal and external or detached accessory dwelling units located within the specified municipality for which the specified municipality: issued a building permit to construct; or issued a business

information regarding the number of internal and external or detached accessory dwelling units located within the specified municipality for which the specified municipality: issued a building permit to construct; or issued a business license or comparable license or permit to rent;
Section 10-21-202(2)(b)(iv)Verify source
§ 10-21-202(2)(b)(iv)(A)Subsection 10-21-202(2)(b)(iv)(A)Provision

Source excerpt

issued a building permit to construct; or

issued a building permit to construct; or
Section 10-21-202(2)(b)(iv)(A)Verify source
§ 10-21-202(2)(b)(iv)(B)Subsection 10-21-202(2)(b)(iv)(B)Provision

Source excerpt

issued a business license or comparable license or permit to rent;

issued a business license or comparable license or permit to rent;
Section 10-21-202(2)(b)(iv)(B)Verify source
§ 10-21-202(2)(b)(v)Subsection 10-21-202(2)(b)(v)Provision

Source excerpt

This text refers to residential dwelling units that have been entitled but have not yet received a building permit by the progress report submission date.

the number of residential dwelling units that have been entitled that have not received a building permit as of the submission date of the progress report;
Section 10-21-202(2)(b)(v)Verify source
§ 10-21-202(2)(b)(vi)Subsection 10-21-202(2)(b)(vi)Provision

Source excerpt

the number of new residential dwelling units, as measured by the number of residential certificates of occupancy the specified municipality issued during the previous 12-month period;

the number of new residential dwelling units, as measured by the number of residential certificates of occupancy the specified municipality issued during the previous 12-month period;
Section 10-21-202(2)(b)(vi)Verify source
§ 10-21-202(2)(b)(vii)Subsection 10-21-202(2)(b)(vii)Provision

Source excerpt

the estimated percent change of total residential dwelling units, as measured by comparing the number of residential certificates of occupancy the specified municipality issued during the previous 12-month period to the number of housing

the estimated percent change of total residential dwelling units, as measured by comparing the number of residential certificates of occupancy the specified municipality issued during the previous 12-month period to the number of housing units that existed in the specified municipality before the day on which the previous 12-month period began;
Section 10-21-202(2)(b)(vii)Verify source
§ 10-21-202(2)(b)(viii)Subsection 10-21-202(2)(b)(viii)Provision

Source excerpt

shapefiles, or website links if shapefiles are not available, to current maps and tables related to zoning;

shapefiles, or website links if shapefiles are not available, to current maps and tables related to zoning;
Section 10-21-202(2)(b)(viii)Verify source
§ 10-21-202(2)(b)(ix)Subsection 10-21-202(2)(b)(ix)Provision

Source excerpt

a description of how the market has responded to the selected moderate income housing strategies, including the number of entitled moderate income housing units or other relevant data; and

a description of how the market has responded to the selected moderate income housing strategies, including the number of entitled moderate income housing units or other relevant data; and
Section 10-21-202(2)(b)(ix)Verify source
§ 10-21-202(2)(b)(x)Subsection 10-21-202(2)(b)(x)Provision

Source excerpt

any recommendations on how the state can support the specified municipality in implementing the moderate income housing strategies.

any recommendations on how the state can support the specified municipality in implementing the moderate income housing strategies.
Section 10-21-202(2)(b)(x)Verify source
§ 10-21-202(2)(c)Subsection 10-21-202(2)(c)Provision

Source excerpt

A specified municipality may count certain earlier actions in a subsequent progress report if the actions substantially promote an identified moderate income housing strategy and are shown to be relevant to meaningful progress.

For purposes of describing actions taken by a specified municipality under Subsection (2)(b)(i) , the specified municipality may include an ongoing action taken by the specified municipality before the 12-month reporting period applicable to the subsequent progress report if the specified municipality: has already adopted an ordinance, approved a land use application, made an investment, or approved an agreement or financing that substantially promotes the implementation of a moderate income housing strategy identified in the initial report; and demonstrates in the subsequent progress report that the action taken under Subsection (2)(c)(i) is relevant to making meaningful progress towards the specified municipality's implementation plan.
Section 10-21-202(2)(c)Verify source
§ 10-21-202(2)(c)(i)Subsection 10-21-202(2)(c)(i)Provision

Source excerpt

has already adopted an ordinance, approved a land use application, made an investment, or approved an agreement or financing that substantially promotes the implementation of a moderate income housing strategy identified in the initial

has already adopted an ordinance, approved a land use application, made an investment, or approved an agreement or financing that substantially promotes the implementation of a moderate income housing strategy identified in the initial report; and
Section 10-21-202(2)(c)(i)Verify source
§ 10-21-202(2)(c)(ii)Subsection 10-21-202(2)(c)(ii)Provision

Source excerpt

It says the action taken under Subsection (2)(c)(i) must be shown in the subsequent progress report to be relevant to making meaningful progress toward the specified municipality’s implementation plan.

demonstrates in the subsequent progress report that the action taken under Subsection (2)(c)(i) is relevant to making meaningful progress towards the specified municipality's implementation plan.
Section 10-21-202(2)(c)(ii)Verify source
§ 10-21-202(2)(d)Subsection 10-21-202(2)(d)Provision

Source excerpt

A specified municipality's report shall be in a form: approved by the division; and made available by the division on or before May 1 of the year in which the report is required.

A specified municipality's report shall be in a form: approved by the division; and made available by the division on or before May 1 of the year in which the report is required.
Section 10-21-202(2)(d)Verify source
§ 10-21-202(2)(d)(i)Subsection 10-21-202(2)(d)(i)Provision

Source excerpt

approved by the division; and

approved by the division; and
Section 10-21-202(2)(d)(i)Verify source
§ 10-21-202(2)(d)(ii)Subsection 10-21-202(2)(d)(ii)Provision

Source excerpt

The division must make the report available on or before May 1 of the year the report is required.

made available by the division on or before May 1 of the year in which the report is required.
Section 10-21-202(2)(d)(ii)Verify source
§ 10-21-202(3)Subsection 10-21-202(3)Provision

Source excerpt

The division must, within 90 days after receiving a specified municipality’s report, post it on its website, send copies to listed agencies and organizations, and review it for compliance, subject to Subsection (4).

Within 90 days after the day on which the division receives a specified municipality's report, the division shall: post the report on the division's website; send a copy of the report to the Department of Transportation, the Governor's Office of Planning and Budget, the association of governments in which the specified municipality is located, and, if the specified municipality is located within the boundaries of a metropolitan planning organization, the appropriate metropolitan planning organization; and subject to Subsection (4) , review the report to determine compliance with this section.
Section 10-21-202(3)Verify source
§ 10-21-202(3)(a)Subsection 10-21-202(3)(a)Provision

Source excerpt

post the report on the division's website;

post the report on the division's website;
Section 10-21-202(3)(a)Verify source
§ 10-21-202(3)(b)Subsection 10-21-202(3)(b)Provision

Source excerpt

The specified municipality must send a copy of the report to several listed agencies, and also to the appropriate metropolitan planning organization if the municipality is within one.

send a copy of the report to the Department of Transportation, the Governor's Office of Planning and Budget, the association of governments in which the specified municipality is located, and, if the specified municipality is located within the boundaries of a metropolitan planning organization, the appropriate metropolitan planning organization; and
Section 10-21-202(3)(b)Verify source
§ 10-21-202(3)(c)Subsection 10-21-202(3)(c)Provision

Source excerpt

Subject to Subsection (4), the report must be reviewed to determine compliance with this section.

subject to Subsection (4) , review the report to determine compliance with this section.
Section 10-21-202(3)(c)Verify source
§ 10-21-202(4)Subsection 10-21-202(4)Provision

Source excerpt

A specified municipality’s initial or subsequent report must meet the listed content and form requirements, and the division may treat certain qualifying housing strategies as counting as three strategies.

An initial report complies with this section if the report: includes the information required under Subsection (1)(c) ; demonstrates to the division that the specified municipality made plans to implement: three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or if the specified municipality has a fixed guideway public transit station: five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income strategy described in Subsection 10-21-201(3)(a)(iii) ; and is in a form approved by the division. A subsequent progress report complies with this section if the report: demonstrates to the division that the specified municipality made plans to implement: three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or if the specified municipality has a fixed guideway public transit station: five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii) ; is in a form approved by the division; and provides sufficient information for the division to: assess the specified municipality's progress in implementing the moderate income housing strategies; monitor compliance with the specified municipality's implementation plan; identify a clear correlation between the specified municipality's land use regulations and land use decisions and the specified municipality's efforts to implement the moderate income housing strategies; identify how the market has responded to the specified municipality's selected moderate income housing strategies; determine if the percent change of new residential dwelling units in the municipality during the previous 12-month period is 2.5% or greater; and identify any barriers encountered by the specified municipality in implementing the selected moderate income housing strategies. Notwithstanding the requirements of Subsection (4)(a)(ii)(A) or (b)(i)(A) , if a specified municipality without a fixed guideway public transit station implements or is implementing, by ordinance or development agreement, one of the following moderate income housing strategies, the division shall consider that one moderate income housing strategy to be the equivalent of three moderate income housing strategies: a housing and transit reinvestment zone, as described in Subsection 10-21-201(3)(a)(iii)(X) ; a home ownership promotion zone, as described in Subsection 10-21-201(3)(a)(iii)(Y) ; a first home investment zone, described in Subsection 10-21-201(3)(a)(iii)(Z) ; the approval or completion of a project described in Subsection 10-21-201(3)(a)(iii)(AA) ; a qualifying affordable home ownership density bonus for single-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(BB) ; or a qualifying affordable home ownership density bonus for multi-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(CC) . If the division considers one moderate income housing strategy described in Subsection (4)(c)(i) as the equivalent of three moderate income housing strategies, the division shall also consider the specified municipality compliant with the reporting requirement described in this section for: the year in which the specified municipality submits the initial report or subsequent report; and two subsequent reporting years.
Section 10-21-202(4)Verify source
§ 10-21-202(4)(a)Subsection 10-21-202(4)(a)Provision

Source excerpt

An initial report must include required information, show the municipality’s plans to implement the required housing strategies, and be in a form approved by the division.

An initial report complies with this section if the report: includes the information required under Subsection (1)(c) ; demonstrates to the division that the specified municipality made plans to implement: three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or if the specified municipality has a fixed guideway public transit station: five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income strategy described in Subsection 10-21-201(3)(a)(iii) ; and is in a form approved by the division.
Section 10-21-202(4)(a)Verify source
§ 10-21-202(4)(a)(i)Subsection 10-21-202(4)(a)(i)Provision

Source excerpt

includes the information required under Subsection (1)(c) ;

includes the information required under Subsection (1)(c) ;
Section 10-21-202(4)(a)(i)Verify source
§ 10-21-202(4)(a)(ii)Subsection 10-21-202(4)(a)(ii)Provision

Source excerpt

demonstrates to the division that the specified municipality made plans to implement: three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or if the specified

demonstrates to the division that the specified municipality made plans to implement: three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or if the specified municipality has a fixed guideway public transit station: five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income strategy described in Subsection 10-21-201(3)(a)(iii) ; and
Section 10-21-202(4)(a)(ii)Verify source
§ 10-21-202(4)(a)(ii)(A)Subsection 10-21-202(4)(a)(ii)(A)Provision

Source excerpt

three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or

three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or
Section 10-21-202(4)(a)(ii)(A)Verify source
§ 10-21-202(4)(a)(ii)(B)Subsection 10-21-202(4)(a)(ii)(B)Provision

Source excerpt

If the specified municipality has a fixed guideway public transit station, the provision refers to a threshold of five or more listed moderate income housing strategies, with specified inclusions.

if the specified municipality has a fixed guideway public transit station: five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income strategy described in Subsection 10-21-201(3)(a)(iii) ; and
Section 10-21-202(4)(a)(ii)(B)Verify source
§ 10-21-202(4)(a)(ii)(B)(I)Subsection 10-21-202(4)(a)(ii)(B)(I)Provision

Source excerpt

At least five moderate income housing strategies must be included.

five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or
Section 10-21-202(4)(a)(ii)(B)(I)Verify source
§ 10-21-202(4)(a)(ii)(B)(II)Subsection 10-21-202(4)(a)(ii)(B)(II)Provision

Source excerpt

the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income strategy described

the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income strategy described in Subsection 10-21-201(3)(a)(iii) ; and
Section 10-21-202(4)(a)(ii)(B)(II)Verify source
§ 10-21-202(4)(a)(iii)Subsection 10-21-202(4)(a)(iii)Provision

Source excerpt

is in a form approved by the division.

is in a form approved by the division.
Section 10-21-202(4)(a)(iii)Verify source
§ 10-21-202(4)(b)Subsection 10-21-202(4)(b)Provision

Source excerpt

A subsequent progress report must show the municipality’s plan to implement the required housing strategies, be in a form approved by the division, and include enough information for the division’s review.

A subsequent progress report complies with this section if the report: demonstrates to the division that the specified municipality made plans to implement: three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or if the specified municipality has a fixed guideway public transit station: five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii) ; is in a form approved by the division; and provides sufficient information for the division to: assess the specified municipality's progress in implementing the moderate income housing strategies; monitor compliance with the specified municipality's implementation plan; identify a clear correlation between the specified municipality's land use regulations and land use decisions and the specified municipality's efforts to implement the moderate income housing strategies; identify how the market has responded to the specified municipality's selected moderate income housing strategies; determine if the percent change of new residential dwelling units in the municipality during the previous 12-month period is 2.5% or greater; and identify any barriers encountered by the specified municipality in implementing the selected moderate income housing strategies.
Section 10-21-202(4)(b)Verify source
§ 10-21-202(4)(b)(i)Subsection 10-21-202(4)(b)(i)Provision

Source excerpt

demonstrates to the division that the specified municipality made plans to implement: three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or if the specified

demonstrates to the division that the specified municipality made plans to implement: three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or if the specified municipality has a fixed guideway public transit station: five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii) ;
Section 10-21-202(4)(b)(i)Verify source
§ 10-21-202(4)(b)(i)(A)Subsection 10-21-202(4)(b)(i)(A)Provision

Source excerpt

Refers to three or more moderate income housing strategies when the specified municipality does not have a fixed guideway public transit station.

three or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or
Section 10-21-202(4)(b)(i)(A)Verify source
§ 10-21-202(4)(b)(i)(B)Subsection 10-21-202(4)(b)(i)(B)Provision

Source excerpt

If a specified municipality has a fixed guideway public transit station, it must meet one of two listed combinations of moderate income housing strategies.

if the specified municipality has a fixed guideway public transit station: five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii) ;
Section 10-21-202(4)(b)(i)(B)Verify source
§ 10-21-202(4)(b)(i)(B)(I)Subsection 10-21-202(4)(b)(i)(B)(I)Provision

Source excerpt

A qualifying set must include five or more moderate income housing strategies, including one strategy under Subsection 10-21-201(3)(a)(iii)(U) and one under (G) or (H).

five or more of the moderate income housing strategies described in Subsection 10-21-201(3)(a)(iii) , of which one shall be the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(G) or (H) ; or
Section 10-21-202(4)(b)(i)(B)(I)Verify source
§ 10-21-202(4)(b)(i)(B)(II)Subsection 10-21-202(4)(b)(i)(B)(II)Provision

Source excerpt

the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income housing strategy

the moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii)(U) , one of the moderate income housing strategies described in Subsections 10-21-201(3)(a)(iii)(X) through (CC), and one moderate income housing strategy described in Subsection 10-21-201(3)(a)(iii) ;
Section 10-21-202(4)(b)(i)(B)(II)Verify source
§ 10-21-202(4)(b)(ii)Subsection 10-21-202(4)(b)(ii)Provision

Source excerpt

is in a form approved by the division; and

is in a form approved by the division; and
Section 10-21-202(4)(b)(ii)Verify source
§ 10-21-202(4)(b)(iii)Subsection 10-21-202(4)(b)(iii)Provision

Source excerpt

The division must have enough information to assess a municipality’s moderate-income housing progress and related implementation factors.

provides sufficient information for the division to: assess the specified municipality's progress in implementing the moderate income housing strategies; monitor compliance with the specified municipality's implementation plan; identify a clear correlation between the specified municipality's land use regulations and land use decisions and the specified municipality's efforts to implement the moderate income housing strategies; identify how the market has responded to the specified municipality's selected moderate income housing strategies; determine if the percent change of new residential dwelling units in the municipality during the previous 12-month period is 2.5% or greater; and identify any barriers encountered by the specified municipality in implementing the selected moderate income housing strategies.
Section 10-21-202(4)(b)(iii)Verify source
§ 10-21-202(4)(b)(iii)(A)Subsection 10-21-202(4)(b)(iii)(A)Provision

Source excerpt

The specified municipality’s progress in implementing the moderate income housing strategies must be assessed.

assess the specified municipality's progress in implementing the moderate income housing strategies;
Section 10-21-202(4)(b)(iii)(A)Verify source
§ 10-21-202(4)(b)(iii)(B)Subsection 10-21-202(4)(b)(iii)(B)Provision

Source excerpt

Monitor compliance with the specified municipality’s implementation plan.

monitor compliance with the specified municipality's implementation plan;
Section 10-21-202(4)(b)(iii)(B)Verify source
§ 10-21-202(4)(b)(iii)(C)Subsection 10-21-202(4)(b)(iii)(C)Provision

Source excerpt

identify a clear correlation between the specified municipality's land use regulations and land use decisions and the specified municipality's efforts to implement the moderate income housing strategies;

identify a clear correlation between the specified municipality's land use regulations and land use decisions and the specified municipality's efforts to implement the moderate income housing strategies;
Section 10-21-202(4)(b)(iii)(C)Verify source
§ 10-21-202(4)(b)(iii)(D)Subsection 10-21-202(4)(b)(iii)(D)Provision

Source excerpt

identify how the market has responded to the specified municipality's selected moderate income housing strategies;

identify how the market has responded to the specified municipality's selected moderate income housing strategies;
Section 10-21-202(4)(b)(iii)(D)Verify source
§ 10-21-202(4)(b)(iii)(E)Subsection 10-21-202(4)(b)(iii)(E)Provision

Source excerpt

determine if the percent change of new residential dwelling units in the municipality during the previous 12-month period is 2.5% or greater; and

determine if the percent change of new residential dwelling units in the municipality during the previous 12-month period is 2.5% or greater; and
Section 10-21-202(4)(b)(iii)(E)Verify source
§ 10-21-202(4)(b)(iii)(F)Subsection 10-21-202(4)(b)(iii)(F)Provision

Source excerpt

identify any barriers encountered by the specified municipality in implementing the selected moderate income housing strategies.

identify any barriers encountered by the specified municipality in implementing the selected moderate income housing strategies.
Section 10-21-202(4)(b)(iii)(F)Verify source
§ 10-21-202(4)(c)Subsection 10-21-202(4)(c)Provision

Source excerpt

The division must treat one listed moderate income housing strategy as equivalent to three when a specified municipality without a fixed guideway public transit station uses one of the listed strategies.

Notwithstanding the requirements of Subsection (4)(a)(ii)(A) or (b)(i)(A) , if a specified municipality without a fixed guideway public transit station implements or is implementing, by ordinance or development agreement, one of the following moderate income housing strategies, the division shall consider that one moderate income housing strategy to be the equivalent of three moderate income housing strategies: a housing and transit reinvestment zone, as described in Subsection 10-21-201(3)(a)(iii)(X) ; a home ownership promotion zone, as described in Subsection 10-21-201(3)(a)(iii)(Y) ; a first home investment zone, described in Subsection 10-21-201(3)(a)(iii)(Z) ; the approval or completion of a project described in Subsection 10-21-201(3)(a)(iii)(AA) ; a qualifying affordable home ownership density bonus for single-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(BB) ; or a qualifying affordable home ownership density bonus for multi-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(CC) . If the division considers one moderate income housing strategy described in Subsection (4)(c)(i) as the equivalent of three moderate income housing strategies, the division shall also consider the specified municipality compliant with the reporting requirement described in this section for: the year in which the specified municipality submits the initial report or subsequent report; and two subsequent reporting years.
Section 10-21-202(4)(c)Verify source
§ 10-21-202(4)(c)(i)Subsection 10-21-202(4)(c)(i)Provision

Source excerpt

If a specified municipality without a fixed guideway public transit station uses one listed moderate income housing strategy, the division must treat that strategy as equal to three strategies.

Notwithstanding the requirements of Subsection (4)(a)(ii)(A) or (b)(i)(A) , if a specified municipality without a fixed guideway public transit station implements or is implementing, by ordinance or development agreement, one of the following moderate income housing strategies, the division shall consider that one moderate income housing strategy to be the equivalent of three moderate income housing strategies: a housing and transit reinvestment zone, as described in Subsection 10-21-201(3)(a)(iii)(X) ; a home ownership promotion zone, as described in Subsection 10-21-201(3)(a)(iii)(Y) ; a first home investment zone, described in Subsection 10-21-201(3)(a)(iii)(Z) ; the approval or completion of a project described in Subsection 10-21-201(3)(a)(iii)(AA) ; a qualifying affordable home ownership density bonus for single-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(BB) ; or a qualifying affordable home ownership density bonus for multi-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(CC) .
Section 10-21-202(4)(c)(i)Verify source
§ 10-21-202(4)(c)(i)(A)Subsection 10-21-202(4)(c)(i)(A)Provision

Source excerpt

a housing and transit reinvestment zone, as described in Subsection 10-21-201(3)(a)(iii)(X) ;

a housing and transit reinvestment zone, as described in Subsection 10-21-201(3)(a)(iii)(X) ;
Section 10-21-202(4)(c)(i)(A)Verify source
§ 10-21-202(4)(c)(i)(B)Subsection 10-21-202(4)(c)(i)(B)Provision

Source excerpt

A “home ownership promotion zone” is referenced as described in another subsection.

a home ownership promotion zone, as described in Subsection 10-21-201(3)(a)(iii)(Y) ;
Section 10-21-202(4)(c)(i)(B)Verify source
§ 10-21-202(4)(c)(i)(C)Subsection 10-21-202(4)(c)(i)(C)Provision

Source excerpt

a first home investment zone, described in Subsection 10-21-201(3)(a)(iii)(Z) ;

a first home investment zone, described in Subsection 10-21-201(3)(a)(iii)(Z) ;
Section 10-21-202(4)(c)(i)(C)Verify source
§ 10-21-202(4)(c)(i)(D)Subsection 10-21-202(4)(c)(i)(D)Provision

Source excerpt

the approval or completion of a project described in Subsection 10-21-201(3)(a)(iii)(AA) ;

the approval or completion of a project described in Subsection 10-21-201(3)(a)(iii)(AA) ;
Section 10-21-202(4)(c)(i)(D)Verify source
§ 10-21-202(4)(c)(i)(E)Subsection 10-21-202(4)(c)(i)(E)Provision

Source excerpt

a qualifying affordable home ownership density bonus for single-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(BB) ; or

a qualifying affordable home ownership density bonus for single-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(BB) ; or
Section 10-21-202(4)(c)(i)(E)Verify source
§ 10-21-202(4)(c)(i)(F)Subsection 10-21-202(4)(c)(i)(F)Provision

Source excerpt

a qualifying affordable home ownership density bonus for multi-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(CC) .

a qualifying affordable home ownership density bonus for multi-family residential units, as described in Subsection 10-21-201(3)(a)(iii)(CC) .
Section 10-21-202(4)(c)(i)(F)Verify source
§ 10-21-202(4)(c)(ii)Subsection 10-21-202(4)(c)(ii)Provision

Source excerpt

If the division treats one moderate income housing strategy as equal to three, it must also treat the specified municipality as compliant with this section’s reporting requirement for the report year and the next two reporting years.

If the division considers one moderate income housing strategy described in Subsection (4)(c)(i) as the equivalent of three moderate income housing strategies, the division shall also consider the specified municipality compliant with the reporting requirement described in this section for: the year in which the specified municipality submits the initial report or subsequent report; and two subsequent reporting years.
Section 10-21-202(4)(c)(ii)Verify source
§ 10-21-202(4)(c)(ii)(A)Subsection 10-21-202(4)(c)(ii)(A)Provision

Source excerpt

the year in which the specified municipality submits the initial report or subsequent report; and

the year in which the specified municipality submits the initial report or subsequent report; and
Section 10-21-202(4)(c)(ii)(A)Verify source
§ 10-21-202(4)(c)(ii)(B)Subsection 10-21-202(4)(c)(ii)(B)Provision

Source excerpt

two subsequent reporting years.

two subsequent reporting years.
Section 10-21-202(4)(c)(ii)(B)Verify source
§ 10-21-202(5)Subsection 10-21-202(5)Provision

Source excerpt

A specified municipality qualifies for priority consideration if its report complies with this section and shows plans to implement at least five moderate income housing strategies, or six if it has a fixed guideway public transit station.

A specified municipality qualifies for priority consideration under this Subsection (5) if the specified municipality's report: complies with this section; and demonstrates to the division that the specified municipality made plans to implement: five or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or six or more moderate income housing strategies if the specified municipality has a fixed guideway public transit station. The Transportation Commission may, in accordance with Subsection 72-1-304(3)(c) , give priority consideration to transportation projects located within the boundaries of a specified municipality described in Subsection (5)(a) until the Department of Transportation receives notice from the division under Subsection (7)(c).
Section 10-21-202(5)Verify source
§ 10-21-202(5)(a)Subsection 10-21-202(5)(a)Provision

Source excerpt

A specified municipality gets priority consideration under this subsection if its report complies with the section and it shows the division it has planned enough moderate income housing strategies.

A specified municipality qualifies for priority consideration under this Subsection (5) if the specified municipality's report: complies with this section; and demonstrates to the division that the specified municipality made plans to implement: five or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or six or more moderate income housing strategies if the specified municipality has a fixed guideway public transit station.
Section 10-21-202(5)(a)Verify source
§ 10-21-202(5)(a)(i)Subsection 10-21-202(5)(a)(i)Provision

Source excerpt

A person complies with this section.

complies with this section; and
Section 10-21-202(5)(a)(i)Verify source
§ 10-21-202(5)(a)(ii)Subsection 10-21-202(5)(a)(ii)Provision

Source excerpt

The municipality must demonstrate plans to implement at least five moderate income housing strategies if it does not have a fixed guideway public transit station, or at least six if it does.

demonstrates to the division that the specified municipality made plans to implement: five or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or six or more moderate income housing strategies if the specified municipality has a fixed guideway public transit station.
Section 10-21-202(5)(a)(ii)Verify source
§ 10-21-202(5)(a)(ii)(A)Subsection 10-21-202(5)(a)(ii)(A)Provision

Source excerpt

five or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or

five or more moderate income housing strategies if the specified municipality does not have a fixed guideway public transit station; or
Section 10-21-202(5)(a)(ii)(A)Verify source
§ 10-21-202(5)(a)(ii)(B)Subsection 10-21-202(5)(a)(ii)(B)Provision

Source excerpt

This provision refers to six or more moderate income housing strategies, applying if the specified municipality has a fixed guideway public transit station.

six or more moderate income housing strategies if the specified municipality has a fixed guideway public transit station.
Section 10-21-202(5)(a)(ii)(B)Verify source
§ 10-21-202(5)(b)Subsection 10-21-202(5)(b)Provision

Source excerpt

The Transportation Commission may, in accordance with Subsection 72-1-304(3)(c) , give priority consideration to transportation projects located within the boundaries of a specified municipality described in Subsection (5)(a) until the

The Transportation Commission may, in accordance with Subsection 72-1-304(3)(c) , give priority consideration to transportation projects located within the boundaries of a specified municipality described in Subsection (5)(a) until the Department of Transportation receives notice from the division under Subsection (7)(c).
Section 10-21-202(5)(b)Verify source
§ 10-21-202(6)Subsection 10-21-202(6)Provision

Source excerpt

A specified municipality gets priority consideration if its report complies with the section and shows at least a 2.5% increase in new residential dwelling units over the previous 12 months.

In addition to the priority consideration a specified municipality may receive under Subsection (5) , a specified municipality qualifies for priority consideration under this Subsection (6) if the specified municipality's report: complies with this section; and demonstrates to the division that the specified municipality's percent change of new residential dwelling units in the municipality during the previous 12-month period, as described in Subsection (2)(b)(vii) , is 2.5% or greater. The Transportation Commission shall, in accordance with Subsection 72-1-304(3)(c) , give priority consideration to a significant regional transportation project, as determined by the Transportation Commission, that benefits a specified municipality described in Subsection (6)(a) and is located within or outside the boundaries of the specified municipality until the Department of Transportation receives notice from the division under Subsection (7)(c) .
Section 10-21-202(6)Verify source
§ 10-21-202(6)(a)Subsection 10-21-202(6)(a)Provision

Source excerpt

A specified municipality may qualify for priority consideration if its report complies with the section and it shows the division that new residential dwelling units changed by at least 2.5% over the previous 12 months.

In addition to the priority consideration a specified municipality may receive under Subsection (5) , a specified municipality qualifies for priority consideration under this Subsection (6) if the specified municipality's report: complies with this section; and demonstrates to the division that the specified municipality's percent change of new residential dwelling units in the municipality during the previous 12-month period, as described in Subsection (2)(b)(vii) , is 2.5% or greater.
Section 10-21-202(6)(a)Verify source
§ 10-21-202(6)(a)(i)Subsection 10-21-202(6)(a)(i)Provision

Source excerpt

complies with this section; and

complies with this section; and
Section 10-21-202(6)(a)(i)Verify source
§ 10-21-202(6)(a)(ii)Subsection 10-21-202(6)(a)(ii)Provision

Source excerpt

The municipality must show the division that its percent change in new residential dwelling units over the previous 12 months is at least 2.5%.

demonstrates to the division that the specified municipality's percent change of new residential dwelling units in the municipality during the previous 12-month period, as described in Subsection (2)(b)(vii) , is 2.5% or greater.
Section 10-21-202(6)(a)(ii)Verify source
§ 10-21-202(6)(b)Subsection 10-21-202(6)(b)Provision

Source excerpt

The Transportation Commission must give priority consideration to certain significant regional transportation projects.

The Transportation Commission shall, in accordance with Subsection 72-1-304(3)(c) , give priority consideration to a significant regional transportation project, as determined by the Transportation Commission, that benefits a specified municipality described in Subsection (6)(a) and is located within or outside the boundaries of the specified municipality until the Department of Transportation receives notice from the division under Subsection (7)(c) .
Section 10-21-202(6)(b)Verify source
§ 10-21-202(7)Subsection 10-21-202(7)Provision

Source excerpt

The division must send a prioritization notice to the municipality’s legislative body and the Department of Transportation when the municipality qualifies for priority consideration, and must give written notice if the municipality later no longer qualifies.

Upon determining that a specified municipality qualifies for priority consideration under Subsection (5) or (6), the division shall send a notice of prioritization to the legislative body of the specified municipality and the Department of Transportation. The notice described in Subsection (7)(a) shall: name the specified municipality that qualifies for priority consideration; describe the funds or projects for which the specified municipality qualifies to receive priority consideration under Subsection (5) or (6); and state the basis for the division's determination that the specified municipality qualifies for priority consideration. The division shall notify the legislative body of a specified municipality and the Department of Transportation in writing if the division determines that the specified municipality no longer qualifies for priority consideration under Subsection (5) or (6).
Section 10-21-202(7)Verify source
§ 10-21-202(7)(a)Subsection 10-21-202(7)(a)Provision

Source excerpt

If a specified municipality qualifies for priority consideration under Subsection (5) or (6), the division must send a notice of prioritization to the municipality’s legislative body and the Department of Transportation.

Upon determining that a specified municipality qualifies for priority consideration under Subsection (5) or (6), the division shall send a notice of prioritization to the legislative body of the specified municipality and the Department of Transportation.
Section 10-21-202(7)(a)Verify source
§ 10-21-202(7)(b)Subsection 10-21-202(7)(b)Provision

Source excerpt

The notice must name the specified municipality, describe the funds or projects involved, and state the basis for the division’s determination.

The notice described in Subsection (7)(a) shall: name the specified municipality that qualifies for priority consideration; describe the funds or projects for which the specified municipality qualifies to receive priority consideration under Subsection (5) or (6); and state the basis for the division's determination that the specified municipality qualifies for priority consideration.
Section 10-21-202(7)(b)Verify source
§ 10-21-202(7)(b)(i)Subsection 10-21-202(7)(b)(i)Provision

Source excerpt

name the specified municipality that qualifies for priority consideration;

name the specified municipality that qualifies for priority consideration;
Section 10-21-202(7)(b)(i)Verify source
§ 10-21-202(7)(b)(ii)Subsection 10-21-202(7)(b)(ii)Provision

Source excerpt

Describes the funds or projects for which the specified municipality qualifies for priority consideration under Subsection (5) or (6).

describe the funds or projects for which the specified municipality qualifies to receive priority consideration under Subsection (5) or (6); and
Section 10-21-202(7)(b)(ii)Verify source
§ 10-21-202(7)(b)(iii)Subsection 10-21-202(7)(b)(iii)Provision

Source excerpt

state the basis for the division's determination that the specified municipality qualifies for priority consideration.

state the basis for the division's determination that the specified municipality qualifies for priority consideration.
Section 10-21-202(7)(b)(iii)Verify source
§ 10-21-202(7)(c)Subsection 10-21-202(7)(c)Provision

Source excerpt

The division must notify the legislative body of a specified municipality and the Department of Transportation in writing if it determines the municipality no longer qualifies for priority consideration under Subsection (5) or (6).

The division shall notify the legislative body of a specified municipality and the Department of Transportation in writing if the division determines that the specified municipality no longer qualifies for priority consideration under Subsection (5) or (6).
Section 10-21-202(7)(c)Verify source
§ 10-21-202(8)Subsection 10-21-202(8)Provision

Source excerpt

If the division finds a specified municipality’s report noncompliant, it must send notice of noncompliance; the municipality may cure the report or appeal within stated deadlines.

If the division, after reviewing a specified municipality's report, determines that the report does not comply with this section, the division shall send a notice of noncompliance to the legislative body of the specified municipality. A specified municipality that receives a notice of noncompliance may: cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent. The notice described in Subsection (8)(a) shall: describe each deficiency in the report and the actions needed to cure each deficiency; state that the specified municipality has an opportunity to: submit to the division a corrected report that cures each deficiency in the report within 90 days after the day on which the notice of compliance is sent; or submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent; and state that failure to take action under Subsection (8)(c)(ii) will result in the specified municipality's ineligibility for funds under Subsection (10). For purposes of curing the deficiencies in a report under this Subsection (8), if the action needed to cure the deficiency as described by the division requires the specified municipality to make a legislative change, the specified municipality may cure the deficiency by making that legislative change within the 90-day cure period. If a specified municipality submits to the division a corrected report in accordance with Subsection (8)(b)(i) and the division determines that the corrected report does not comply with this section, the division shall send a second notice of noncompliance to the legislative body of the specified municipality within 30 days after the day on which the corrected report is submitted. A specified municipality that receives a second notice of noncompliance may submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent. The notice described in Subsection (8)(e)(i) shall: state that the specified municipality has an opportunity to submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; and state that failure to take action under Subsection (8)(e)(iii)(A) will result in the specified municipality's ineligibility for funds under Subsection (10).
Section 10-21-202(8)Verify source
§ 10-21-202(8)(a)Subsection 10-21-202(8)(a)Provision

Source excerpt

If the division finds a specified municipality’s report does not comply with this section, it must send a notice of noncompliance to that municipality’s legislative body.

If the division, after reviewing a specified municipality's report, determines that the report does not comply with this section, the division shall send a notice of noncompliance to the legislative body of the specified municipality.
Section 10-21-202(8)(a)Verify source
§ 10-21-202(8)(b)Subsection 10-21-202(8)(b)Provision

Source excerpt

If a specified municipality receives a notice of noncompliance, it may cure report deficiencies within 90 days or request an appeal within 10 days.

A specified municipality that receives a notice of noncompliance may: cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent.
Section 10-21-202(8)(b)Verify source
§ 10-21-202(8)(b)(i)Subsection 10-21-202(8)(b)(i)Provision

Source excerpt

cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or

cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or
Section 10-21-202(8)(b)(i)Verify source
§ 10-21-202(8)(b)(ii)Subsection 10-21-202(8)(b)(ii)Provision

Source excerpt

An appeal of the division’s noncompliance determination must be requested within 10 days after the notice of noncompliance is sent.

request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent.
Section 10-21-202(8)(b)(ii)Verify source
§ 10-21-202(8)(c)Subsection 10-21-202(8)(c)Provision

Source excerpt

The notice must describe the report deficiencies and required fixes, tell the municipality it may submit a corrected report or appeal within the stated deadlines, and warn that failing to act can make the municipality ineligible for funds.

The notice described in Subsection (8)(a) shall: describe each deficiency in the report and the actions needed to cure each deficiency; state that the specified municipality has an opportunity to: submit to the division a corrected report that cures each deficiency in the report within 90 days after the day on which the notice of compliance is sent; or submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent; and state that failure to take action under Subsection (8)(c)(ii) will result in the specified municipality's ineligibility for funds under Subsection (10).
Section 10-21-202(8)(c)Verify source
§ 10-21-202(8)(c)(i)Subsection 10-21-202(8)(c)(i)Provision

Source excerpt

describe each deficiency in the report and the actions needed to cure each deficiency;

describe each deficiency in the report and the actions needed to cure each deficiency;
Section 10-21-202(8)(c)(i)Verify source
§ 10-21-202(8)(c)(ii)Subsection 10-21-202(8)(c)(ii)Provision

Source excerpt

The specified municipality may submit a corrected report within 90 days after a notice of compliance, or request an appeal within 10 days after a notice of noncompliance.

state that the specified municipality has an opportunity to: submit to the division a corrected report that cures each deficiency in the report within 90 days after the day on which the notice of compliance is sent; or submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent; and
Section 10-21-202(8)(c)(ii)Verify source
§ 10-21-202(8)(c)(ii)(A)Subsection 10-21-202(8)(c)(ii)(A)Provision

Source excerpt

The division must submit a corrected report that cures each deficiency within 90 days after the notice of compliance is sent.

submit to the division a corrected report that cures each deficiency in the report within 90 days after the day on which the notice of compliance is sent; or
Section 10-21-202(8)(c)(ii)(A)Verify source
§ 10-21-202(8)(c)(ii)(B)Subsection 10-21-202(8)(c)(ii)(B)Provision

Source excerpt

A request for appeal of the division’s noncompliance determination must be submitted to the division within 10 days after the notice of noncompliance is sent.

submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent; and
Section 10-21-202(8)(c)(ii)(B)Verify source
§ 10-21-202(8)(c)(iii)Subsection 10-21-202(8)(c)(iii)Provision

Source excerpt

Failure to take the action required by Subsection (8)(c)(ii) results in the specified municipality being ineligible for funds under Subsection (10).

state that failure to take action under Subsection (8)(c)(ii) will result in the specified municipality's ineligibility for funds under Subsection (10).
Section 10-21-202(8)(c)(iii)Verify source
§ 10-21-202(8)(d)Subsection 10-21-202(8)(d)Provision

Source excerpt

A specified municipality may cure a report deficiency by making a required legislative change within the 90-day cure period.

For purposes of curing the deficiencies in a report under this Subsection (8), if the action needed to cure the deficiency as described by the division requires the specified municipality to make a legislative change, the specified municipality may cure the deficiency by making that legislative change within the 90-day cure period.
Section 10-21-202(8)(d)Verify source
§ 10-21-202(8)(e)Subsection 10-21-202(8)(e)Provision

Source excerpt

If a specified municipality corrects a report but it still does not comply, the division must send a second notice of noncompliance, and the municipality may request an appeal within 10 days.

If a specified municipality submits to the division a corrected report in accordance with Subsection (8)(b)(i) and the division determines that the corrected report does not comply with this section, the division shall send a second notice of noncompliance to the legislative body of the specified municipality within 30 days after the day on which the corrected report is submitted. A specified municipality that receives a second notice of noncompliance may submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent. The notice described in Subsection (8)(e)(i) shall: state that the specified municipality has an opportunity to submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; and state that failure to take action under Subsection (8)(e)(iii)(A) will result in the specified municipality's ineligibility for funds under Subsection (10).
Section 10-21-202(8)(e)Verify source
§ 10-21-202(8)(e)(i)Subsection 10-21-202(8)(e)(i)Provision

Source excerpt

If a specified municipality submits a corrected report and the division finds it still noncompliant, the division must send a second notice of noncompliance to the municipality’s legislative body within 30 days.

If a specified municipality submits to the division a corrected report in accordance with Subsection (8)(b)(i) and the division determines that the corrected report does not comply with this section, the division shall send a second notice of noncompliance to the legislative body of the specified municipality within 30 days after the day on which the corrected report is submitted.
Section 10-21-202(8)(e)(i)Verify source
§ 10-21-202(8)(e)(ii)Subsection 10-21-202(8)(e)(ii)Provision

Source excerpt

A specified municipality that receives a second notice of noncompliance may submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of

A specified municipality that receives a second notice of noncompliance may submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent.
Section 10-21-202(8)(e)(ii)Verify source
§ 10-21-202(8)(e)(iii)Subsection 10-21-202(8)(e)(iii)Provision

Source excerpt

The notice must tell the specified municipality it may request an appeal within 10 days after the second noncompliance notice is sent, and that failing to act may make the municipality ineligible for funds under Subsection (10).

The notice described in Subsection (8)(e)(i) shall: state that the specified municipality has an opportunity to submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; and state that failure to take action under Subsection (8)(e)(iii)(A) will result in the specified municipality's ineligibility for funds under Subsection (10).
Section 10-21-202(8)(e)(iii)Verify source
§ 10-21-202(8)(e)(iii)(A)Subsection 10-21-202(8)(e)(iii)(A)Provision

Source excerpt

The specified municipality may submit a request for appeal to the division within 10 days after the second notice of noncompliance is sent.

state that the specified municipality has an opportunity to submit to the division a request for an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; and
Section 10-21-202(8)(e)(iii)(A)Verify source
§ 10-21-202(8)(e)(iii)(B)Subsection 10-21-202(8)(e)(iii)(B)Provision

Source excerpt

state that failure to take action under Subsection (8)(e)(iii)(A) will result in the specified municipality's ineligibility for funds under Subsection (10).

state that failure to take action under Subsection (8)(e)(iii)(A) will result in the specified municipality's ineligibility for funds under Subsection (10).
Section 10-21-202(8)(e)(iii)(B)Verify source
§ 10-21-202(9)Subsection 10-21-202(9)Provision

Source excerpt

A specified municipality that gets a notice of noncompliance may request an appeal within 10 days, and an appeal board must issue a written decision within 90 days.

A specified municipality that receives a notice of noncompliance under Subsection (8)(a) or (8)(e)(i) may request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent. Within 90 days after the day on which the division receives a request for an appeal, an appeal board consisting of the following three members shall review and issue a written decision on the appeal: one individual appointed by the Utah League of Cities and Towns; one individual appointed by the Utah Homebuilders Association; and one individual appointed by the presiding member of the association of governments, established in accordance with an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the specified municipality is a member. The written decision of the appeal board shall either uphold or reverse the division's determination of noncompliance. The appeal board's written decision on the appeal is final.
Section 10-21-202(9)Verify source
§ 10-21-202(9)(a)Subsection 10-21-202(9)(a)Provision

Source excerpt

A specified municipality may request an appeal of the division’s noncompliance determination if it received a notice of noncompliance.

A specified municipality that receives a notice of noncompliance under Subsection (8)(a) or (8)(e)(i) may request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent.
Section 10-21-202(9)(a)Verify source
§ 10-21-202(9)(b)Subsection 10-21-202(9)(b)Provision

Source excerpt

An appeal board must review an appeal and issue a written decision within 90 days after the division receives the appeal request.

Within 90 days after the day on which the division receives a request for an appeal, an appeal board consisting of the following three members shall review and issue a written decision on the appeal: one individual appointed by the Utah League of Cities and Towns; one individual appointed by the Utah Homebuilders Association; and one individual appointed by the presiding member of the association of governments, established in accordance with an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the specified municipality is a member.
Section 10-21-202(9)(b)Verify source
§ 10-21-202(9)(b)(i)Subsection 10-21-202(9)(b)(i)Provision

Source excerpt

one individual appointed by the Utah League of Cities and Towns;

one individual appointed by the Utah League of Cities and Towns;
Section 10-21-202(9)(b)(i)Verify source
§ 10-21-202(9)(b)(ii)Subsection 10-21-202(9)(b)(ii)Provision

Source excerpt

one individual appointed by the Utah Homebuilders Association; and

one individual appointed by the Utah Homebuilders Association; and
Section 10-21-202(9)(b)(ii)Verify source
§ 10-21-202(9)(b)(iii)Subsection 10-21-202(9)(b)(iii)Provision

Source excerpt

One individual is appointed by the presiding member of the association of governments.

one individual appointed by the presiding member of the association of governments, established in accordance with an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which the specified municipality is a member.
Section 10-21-202(9)(b)(iii)Verify source
§ 10-21-202(9)(c)Subsection 10-21-202(9)(c)Provision

Source excerpt

The appeal board must issue a written decision that either upholds or reverses the division's noncompliance determination.

The written decision of the appeal board shall either uphold or reverse the division's determination of noncompliance.
Section 10-21-202(9)(c)Verify source
§ 10-21-202(9)(d)Subsection 10-21-202(9)(d)Provision

Source excerpt

The appeal board's written decision on the appeal is final.

The appeal board's written decision on the appeal is final.
Section 10-21-202(9)(d)Verify source
§ 10-21-202(10)Subsection 10-21-202(10)Provision

Source excerpt

A specified municipality is ineligible for funds under this Subsection (10) if: the specified municipality fails to submit a report to the division; after submitting a report to the division, the division determines that the report does

A specified municipality is ineligible for funds under this Subsection (10) if: the specified municipality fails to submit a report to the division; after submitting a report to the division, the division determines that the report does not comply with this section and the specified municipality fails to: cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent; after submitting to the division a corrected report to cure the deficiencies in a previously submitted report, the division determines that the corrected report does not comply with this section and the specified municipality fails to request an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; or after submitting a request for an appeal under Subsection (9), the appeal board issues a written decision upholding the division's determination of noncompliance. The following apply to a specified municipality described in Subsection (10)(a) until the division provides notice under Subsection (10)(e): the executive director of the Department of Transportation may not program funds from the Transportation Investment Fund of 2005, including the Transit Transportation Investment Fund, to projects located within the boundaries of the specified municipality in accordance with Subsection 72-2-124(5) ; beginning with a report submitted in 2024, the specified municipality shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified municipality: fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (8); and beginning with the report submitted in 2025, the specified municipality shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified municipality, in a consecutive year: fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (8). Upon determining that a specified municipality is ineligible for funds under this Subsection (10), and is required to pay a fee under Subsection (10)(b), if applicable, the division shall send a notice of ineligibility to the legislative body of the specified municipality, the Department of Transportation, the State Tax Commission, and the Governor's Office of Planning and Budget. The notice described in Subsection (10)(c) shall: name the specified municipality that is ineligible for funds; describe the funds for which the specified municipality is ineligible to receive; describe the fee the specified municipality is required to pay under Subsection (10)(b), if applicable; and state the basis for the division's determination that the specified municipality is ineligible for funds. The division shall notify the legislative body of a specified municipality and the Department of Transportation in writing if the division determines that the provisions of this Subsection (10) no longer apply to the specified municipality. The division may not determine that a specified municipality that is required to pay a fee under Subsection (10)(b) is in compliance with the reporting requirements of this section until the specified municipality pays all outstanding fees required under Subsection (10)(b) to the Olene Walker Housing Loan Fund, created in Section 63N-24-302 .
Section 10-21-202(10)Verify source
§ 10-21-202(10)(a)Subsection 10-21-202(10)(a)Provision

Source excerpt

A specified municipality is ineligible for funds under this Subsection (10) if: the specified municipality fails to submit a report to the division; after submitting a report to the division, the division determines that the report does

A specified municipality is ineligible for funds under this Subsection (10) if: the specified municipality fails to submit a report to the division; after submitting a report to the division, the division determines that the report does not comply with this section and the specified municipality fails to: cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent; after submitting to the division a corrected report to cure the deficiencies in a previously submitted report, the division determines that the corrected report does not comply with this section and the specified municipality fails to request an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; or after submitting a request for an appeal under Subsection (9), the appeal board issues a written decision upholding the division's determination of noncompliance.
Section 10-21-202(10)(a)Verify source
§ 10-21-202(10)(a)(i)Subsection 10-21-202(10)(a)(i)Provision

Source excerpt

the specified municipality fails to submit a report to the division;

the specified municipality fails to submit a report to the division;
Section 10-21-202(10)(a)(i)Verify source
§ 10-21-202(10)(a)(ii)Subsection 10-21-202(10)(a)(ii)Provision

Source excerpt

If the division finds a report does not comply, the specified municipality must cure each deficiency within 90 days after notice of noncompliance is sent.

after submitting a report to the division, the division determines that the report does not comply with this section and the specified municipality fails to: cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent;
Section 10-21-202(10)(a)(ii)Verify source
§ 10-21-202(10)(a)(ii)(A)Subsection 10-21-202(10)(a)(ii)(A)Provision

Source excerpt

A deficiency in the report must be cured within 90 days after the notice of noncompliance is sent.

cure each deficiency in the report within 90 days after the day on which the notice of noncompliance is sent; or
Section 10-21-202(10)(a)(ii)(A)Verify source
§ 10-21-202(10)(a)(ii)(B)Subsection 10-21-202(10)(a)(ii)(B)Provision

Source excerpt

An appeal of the division’s noncompliance determination must be requested within 10 days after the notice of noncompliance is sent.

request an appeal of the division's determination of noncompliance within 10 days after the day on which the notice of noncompliance is sent;
Section 10-21-202(10)(a)(ii)(B)Verify source
§ 10-21-202(10)(a)(iii)Subsection 10-21-202(10)(a)(iii)Provision

Source excerpt

If a corrected report is submitted to fix deficiencies, and the division still finds it noncompliant, the specified municipality must request an appeal within 10 days after the second notice of noncompliance is sent.

after submitting to the division a corrected report to cure the deficiencies in a previously submitted report, the division determines that the corrected report does not comply with this section and the specified municipality fails to request an appeal of the division's determination of noncompliance within 10 days after the day on which the second notice of noncompliance is sent; or
Section 10-21-202(10)(a)(iii)Verify source
§ 10-21-202(10)(a)(iv)Subsection 10-21-202(10)(a)(iv)Provision

Source excerpt

After an appeal request under Subsection (9), the appeal board issues a written decision upholding the division’s noncompliance determination.

after submitting a request for an appeal under Subsection (9), the appeal board issues a written decision upholding the division's determination of noncompliance.
Section 10-21-202(10)(a)(iv)Verify source
§ 10-21-202(10)(b)Subsection 10-21-202(10)(b)Provision

Source excerpt

Until notice is given under Subsection (10)(e), the executive director of the Department of Transportation may not program certain transportation funds for projects in the specified municipality, and the municipality must pay daily fees for late or uncured reports starting in 2024 and 2025.

The following apply to a specified municipality described in Subsection (10)(a) until the division provides notice under Subsection (10)(e): the executive director of the Department of Transportation may not program funds from the Transportation Investment Fund of 2005, including the Transit Transportation Investment Fund, to projects located within the boundaries of the specified municipality in accordance with Subsection 72-2-124(5) ; beginning with a report submitted in 2024, the specified municipality shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified municipality: fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (8); and beginning with the report submitted in 2025, the specified municipality shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified municipality, in a consecutive year: fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (8).
Section 10-21-202(10)(b)Verify source
§ 10-21-202(10)(b)(i)Subsection 10-21-202(10)(b)(i)Provision

Source excerpt

The executive director of the Department of Transportation may not program certain transportation funds to projects within the specified municipality, subject to Subsection 72-2-124(5).

the executive director of the Department of Transportation may not program funds from the Transportation Investment Fund of 2005, including the Transit Transportation Investment Fund, to projects located within the boundaries of the specified municipality in accordance with Subsection 72-2-124(5) ;
Section 10-21-202(10)(b)(i)Verify source
§ 10-21-202(10)(b)(ii)Subsection 10-21-202(10)(b)(ii)Provision

Source excerpt

beginning with a report submitted in 2024, the specified municipality shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified municipality: fails to submit the report to the division in

beginning with a report submitted in 2024, the specified municipality shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $250 per day that the specified municipality: fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (8); and
Section 10-21-202(10)(b)(ii)Verify source
§ 10-21-202(10)(b)(ii)(A)Subsection 10-21-202(10)(b)(ii)(A)Provision

Source excerpt

A late report submission begins to be treated as noncompliance the day after the report was due.

fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or
Section 10-21-202(10)(b)(ii)(A)Verify source
§ 10-21-202(10)(b)(ii)(B)Subsection 10-21-202(10)(b)(ii)(B)Provision

Source excerpt

fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (8); and

fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (8); and
Section 10-21-202(10)(b)(ii)(B)Verify source
§ 10-21-202(10)(b)(iii)Subsection 10-21-202(10)(b)(iii)Provision

Source excerpt

The specified municipality must pay a $500 per day fee to the Olene Walker Housing Loan Fund starting with reports submitted in 2025 if it does not submit the report on time or does not cure report deficiencies on time.

beginning with the report submitted in 2025, the specified municipality shall pay a fee to the Olene Walker Housing Loan Fund in the amount of $500 per day that the specified municipality, in a consecutive year: fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (8).
Section 10-21-202(10)(b)(iii)Verify source
§ 10-21-202(10)(b)(iii)(A)Subsection 10-21-202(10)(b)(iii)(A)Provision

Source excerpt

A late report triggers a timing rule beginning the day after the report was due.

fails to submit the report to the division in accordance with this section, beginning the day after the day on which the report was due; or
Section 10-21-202(10)(b)(iii)(A)Verify source
§ 10-21-202(10)(b)(iii)(B)Subsection 10-21-202(10)(b)(iii)(B)Provision

Source excerpt

If the report deficiencies are not cured, the relevant timing starts the day after the cure deadline set in the notice of noncompliance under Subsection (8).

fails to cure the deficiencies in the report, beginning the day after the day by which the cure was required to occur as described in the notice of noncompliance under Subsection (8).
Section 10-21-202(10)(b)(iii)(B)Verify source
§ 10-21-202(10)(c)Subsection 10-21-202(10)(c)Provision

Source excerpt

If a specified municipality is ineligible for funds under this subsection, and must pay a fee under Subsection (10)(b) if applicable, the division must send a notice of ineligibility.

Upon determining that a specified municipality is ineligible for funds under this Subsection (10), and is required to pay a fee under Subsection (10)(b), if applicable, the division shall send a notice of ineligibility to the legislative body of the specified municipality, the Department of Transportation, the State Tax Commission, and the Governor's Office of Planning and Budget.
Section 10-21-202(10)(c)Verify source
§ 10-21-202(10)(d)Subsection 10-21-202(10)(d)Provision

Source excerpt

The notice must identify the ineligible municipality, describe the funds involved, state any required fee under Subsection (10)(b), and explain the basis for the division’s determination.

The notice described in Subsection (10)(c) shall: name the specified municipality that is ineligible for funds; describe the funds for which the specified municipality is ineligible to receive; describe the fee the specified municipality is required to pay under Subsection (10)(b), if applicable; and state the basis for the division's determination that the specified municipality is ineligible for funds.
Section 10-21-202(10)(d)Verify source
§ 10-21-202(10)(d)(i)Subsection 10-21-202(10)(d)(i)Provision

Source excerpt

name the specified municipality that is ineligible for funds;

name the specified municipality that is ineligible for funds;
Section 10-21-202(10)(d)(i)Verify source
§ 10-21-202(10)(d)(ii)Subsection 10-21-202(10)(d)(ii)Provision

Source excerpt

describe the funds for which the specified municipality is ineligible to receive;

describe the funds for which the specified municipality is ineligible to receive;
Section 10-21-202(10)(d)(ii)Verify source
§ 10-21-202(10)(d)(iii)Subsection 10-21-202(10)(d)(iii)Provision

Source excerpt

describe the fee the specified municipality is required to pay under Subsection (10)(b), if applicable; and

describe the fee the specified municipality is required to pay under Subsection (10)(b), if applicable; and
Section 10-21-202(10)(d)(iii)Verify source
§ 10-21-202(10)(d)(iv)Subsection 10-21-202(10)(d)(iv)Provision

Source excerpt

state the basis for the division's determination that the specified municipality is ineligible for funds.

state the basis for the division's determination that the specified municipality is ineligible for funds.
Section 10-21-202(10)(d)(iv)Verify source
§ 10-21-202(10)(e)Subsection 10-21-202(10)(e)Provision

Source excerpt

If the division decides Subsection (10) no longer applies to a specified municipality, it must notify that municipality’s legislative body and the Department of Transportation in writing.

The division shall notify the legislative body of a specified municipality and the Department of Transportation in writing if the division determines that the provisions of this Subsection (10) no longer apply to the specified municipality.
Section 10-21-202(10)(e)Verify source
§ 10-21-202(10)(f)Subsection 10-21-202(10)(f)Provision

Source excerpt

The division may not find a specified municipality compliant with this section’s reporting requirements until the municipality pays all outstanding fees required under Subsection (10)(b).

The division may not determine that a specified municipality that is required to pay a fee under Subsection (10)(b) is in compliance with the reporting requirements of this section until the specified municipality pays all outstanding fees required under Subsection (10)(b) to the Olene Walker Housing Loan Fund, created in Section 63N-24-302 .
Section 10-21-202(10)(f)Verify source
§ 10-21-202(11)Subsection 10-21-202(11)Provision

Source excerpt

In a civil action under this provision or Subsection 10-20-405(4)(c), a plaintiff may not recover damages and may obtain only injunctive or other equitable relief.

In a civil action seeking enforcement or claiming a violation of this section or of Subsection 10-20-405(4)(c) , a plaintiff may not recover damages but may be awarded only injunctive or other equitable relief.
Section 10-21-202(11)Verify source

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