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HomeMy WebLinkAboutStatutory Compliance Tracking 7-13-2020Page 1 of 4 Statutory Compliance Tracking Table July 13, 2020 TITLE 76. LAND RESOURCES AND USE CHAPTER 1. PLANNING BOARDS Part 6. Growth Policy 76-1-601. Growth policy -- contents. Required or Authorized Content Response or Where Information is Located (1) A growth policy may cover all or part of the jurisdictional area. Covers entire area (2) The extent to which a growth policy addresses the elements listed in subsection (3) is at the full discretion of the governing body. (3) A growth policy must include: (a) community goals and objectives; Ch. 2 - Themes (b) maps and text describing an inventory of the existing characteristics and features of the jurisdictional area, including: Appendix C – Inventory Report (i) land uses; Ch. 3 – Future Land Use (ii) population; Appendix C – Inventory Report (iii) housing needs; Appendix C – Inventory Report (iv) economic conditions; Appendix C – Inventory Report (v) local services; Appendix B – Infrastructure Plans (vi) public facilities; Appendix B – Infrastructure Plans (vii) natural resources; Appendix C – Inventory Report (viii) sand and gravel resources; and Appendix C – Inventory Report (ix) other characteristics and features proposed by the planning board and adopted by the governing bodies; No other items included (c) projected trends for the life of the growth policy for each of the following elements: Appendix D – Projections report (i) land use; Ch. 3 – Future Land Use (ii) population; Appendix D – Projections report (iii) housing needs; Appendix D – Projections report (iv) economic conditions; Appendix D – Projections report (v) local services; Appendix B and D – Infrastructure plans (vi) natural resources; and Appendix D – Projections Report (vii) other elements proposed by the planning board and adopted by the governing bodies; No other items included (d) a description of policies, regulations, and other measures to be implemented in order to achieve the goals and objectives Ch. 4 - Implementation Page 2 of 4 established pursuant to subsection (3)(a)[community goals and objectives]; (e) a strategy for development, maintenance, and replacement of public infrastructure, including drinking water systems, wastewater treatment facilities, sewer systems, solid waste facilities, fire protection facilities, roads, and bridges; Appendix B – Infrastructure Plan (f) an implementation strategy that includes: Ch. 4 - Implementation (i) a timetable for implementing the growth policy; Ch. 4 - Implementation (ii) a list of conditions that will lead to a revision of the growth policy; and Ch. 5 – Amendments and Review (iii) a timetable for reviewing the growth policy at least once every 5 years and revising the policy if necessary; Ch. 5 – Amendments and Review (g) a statement of how the governing bodies will coordinate and cooperate with other jurisdictions that explains: Chapter 2, Theme 7 and Appendix B (i) if a governing body is a city or town, how the governing body will coordinate and cooperate with the county in which the city or town is located on matters related to the growth policy; Chapter 2, Theme 7 and Appendix B (ii) if a governing body is a county, how the governing body will coordinate and cooperate with cities and towns located within the county's boundaries on matters related to the growth policy; NA (h) a statement explaining how the governing bodies will: Ch. 5 – Amendments and Review (i) define the criteria in 76-3-608(3)(a) [subdivision and platting act primary review criteria] ; and Ch. 5 – Amendments and Review (ii) evaluate and make decisions regarding proposed subdivisions with respect to the criteria in 76-3-608(3)(a); Ch. 5 – Amendments and Review (i) a statement explaining how public hearings regarding proposed subdivisions will be conducted; and Ch. 5 – Amendments and Review (j) an evaluation of the potential for fire and wildland fire in the jurisdictional area, including whether or not there is a need to: Gallatin Hazard plan (i) delineate the wildland-urban interface; and (ii) adopt regulations requiring: (A) defensible space around structures; (B) adequate ingress and egress to and from structures and developments to facilitate fire suppression activities; and (C) adequate water supply for fire protection. (4) A growth policy may: (a) include one or more neighborhood plans. A neighborhood plan must be consistent with the growth policy. Optional – Not done with this plan. Existing neighborhood plans are not altered but continue in current status. Page 3 of 4 (b) establish minimum criteria defining the jurisdictional area for a neighborhood plan; Optional - Not done (c) establish an infrastructure plan that, at a minimum, includes: Appendix E – Infrastructure Plan (i) projections, in maps and text, of the jurisdiction's growth in population and number of residential, commercial, and industrial units over the next 20 years; Appendix D – Projections report, Appendix E (ii) for a city, a determination regarding if and how much of the city's growth is likely to take place outside of the city's existing jurisdictional area over the next 20 years and a plan of how the city will coordinate infrastructure planning with the county or counties where growth is likely to take place; Appendix B, D, and E (iii) for a county, a plan of how the county will coordinate infrastructure planning with each of the cities that project growth outside of city boundaries and into the county's jurisdictional area over the next 20 years; Not applicable (iv) for cities, a land use map showing where projected growth will be guided and at what densities within city boundaries; Ch. 3 – Future Land Use, Appendix E– Infrastructure Plan (v) for cities and counties, a land use map that designates infrastructure planning areas adjacent to cities showing where projected growth will be guided and at what densities; Ch. 3 – Future Land Use, Appendix E– Infrastructure Plan (vi) using maps and text, a description of existing and future public facilities necessary to efficiently serve projected development and densities within infrastructure planning areas, including, whenever feasible, extending interconnected municipal street networks, sidewalks, trail systems, public transit facilities, and other municipal public facilities throughout the infrastructure planning area. For the purposes of this subsection (4)(c)(vi), public facilities include but are not limited to drinking water treatment and distribution facilities, sewer systems, wastewater treatment facilities, solid waste disposal facilities, parks and open space, schools, public access areas, roads, highways, bridges, and facilities for fire protection, law enforcement, and emergency services; Appendix B – Infrastructure Plans Appendix E– Infrastructure Plan (vii) a description of proposed land use management techniques and incentives that will be adopted to promote development within cities and in an infrastructure planning area, including land use management techniques and incentives that address issues of housing affordability; Appendix B – infrastructure Plans, cross references to main document, Appendix E – Infrastructure Plan (viii) a description of how and where projected development inside municipal boundaries for cities and inside designated joint infrastructure planning areas for cities and counties could adversely impact: Appendix E – Infrastructure Plan (A) threatened or endangered wildlife and critical wildlife habitat and corridors; Appendix E – Infrastructure Plan (B) water available to agricultural water users and facilities; Appendix E – Infrastructure Plan Page 4 of 4 (C) the ability of public facilities, including schools, to safely and efficiently service current residents and future growth; Appendix B – Infrastructure Plans, Appendix E – Infrastructure Plan (D) a local government's ability to provide adequate local services, including but not limited to emergency, fire, and police protection; Appendix B – Infrastructure Plans, Appendix E – Infrastructure Plan (E) the safety of people and property due to threats to public health and safety, including but not limited to wildfire, flooding, erosion, water pollution, hazardous wildlife interactions, and traffic hazards; Appendix B – Infrastructure Plans, Joint Hazard Plan, Appendix E – Infrastructure Plan (F) natural resources, including but not limited to forest lands, mineral resources, sand and gravel resources, streams, rivers, lakes, wetlands, and ground water; and Appendix E – Infrastructure Plan G) agricultural lands and agricultural production; and Appendix E – Infrastructure Plan (ix) a description of measures, including land use management techniques and incentives, that will be adopted to avoid, significantly reduce, or mitigate the adverse impacts identified under subsection (4)(c)(viii). Appendix E – Infrastructure Plan (d) include any elements required by a federal land management agency in order for the governing body to establish coordination or cooperating agency status as provided in 76-1-607. Not applicable (5) The planning board may propose and the governing bodies may adopt additional elements of a growth policy in order to fulfill the purpose of this chapter. Optional – Not done with this plan