Utah Code 10-9a-403.1. Station area plan requirements — Contents — Review and certification by applicable metropolitan planning organization

10-9a-403.1. Station area plan requirements — Contents — Review and certification by applicable metropolitan planning organization.

(1)

As used in this section:

Terms Used In Utah Code 10-9a-403.1

Contiguous: means :

(a)	if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and

(b)

if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104

General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Land: includes :Utah Code 68-3-12.5

Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103

Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the city is located. See Utah Code 10-9a-103

Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5

Municipality: means :

(a)	a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;

(b)	a town, as classified in Section 10-2-301; or

(c)

a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104

Parcel: means any real property that is not a lot. See Utah Code 10-9a-103

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Property: includes both real and personal property. See Utah Code 68-3-12.5

Writing: includes :Utah Code 68-3-12.5

(a)

“Applicable metropolitan planning organization” means the metropolitan planning organization that has jurisdiction over the area in which a fixed guideway public transit station is located.

(b)	“Applicable public transit district” means the public transit district, as defined in Section 17B-2a-802, of which a fixed guideway public transit station is included.

(c)	“Existing fixed guideway public transit station” means a fixed guideway public transit station for which construction begins before June 1, 2022.

(d)	“Fixed guideway” means the same as that term is defined in Section 59-12-102.

(e)	“Metropolitan planning organization” means an organization established under 23 U.S.C. § 134.

(f)	“New fixed guideway public transit station” means a fixed guideway public transit station for which construction begins on or after June 1, 2022.

(g)

“Qualifying land use petition” means a petition:

(i)	that involves land located within a station area for an existing public transit station that provides rail services;

(ii)	that involves land located within a station area for which the municipality has not yet satisfied the requirements of Subsection (2)(a);

(iii)

that proposes the development of an area greater than five contiguous acres, with no less than 51% of the acreage within the station area;

(iv)	that would require the municipality to amend the municipality’s general plan or change a zoning designation for the land use application to be approved;

(v)	that would require a higher density than the density currently allowed by the municipality;

(vi)	that proposes the construction of new residential units, at least 10% of which are dedicated to moderate income housing; and

(vii)

for which the land use applicant requests the municipality to initiate the process of satisfying the requirements of Subsection (2)(a) for the station area in which the development is proposed, subject to Subsection (3)(d).

(h)

(i)

“Station area” means:

(A)	for a fixed guideway public transit station that provides rail services, the area within a one-half mile radius of the center of the fixed guideway public transit station platform; or

(B)	for a fixed guideway public transit station that provides bus services only, the area within a one-fourth mile radius of the center of the fixed guideway public transit station platform.

(ii)	“Station area” includes any parcel bisected by the radius limitation described in Subsection (1)(h)(i)(A) or (B).

(i)

“Station area plan” means a plan that:

(i)	establishes a vision, and the actions needed to implement that vision, for the development of land within a station area; and

(ii)	is developed and adopted in accordance with this section.

(2)

(a)

Subject to the requirements of this section, a municipality that has a fixed guideway public transit station located within the municipality’s boundaries shall, for the station area:

(i)	develop and adopt a station area plan; and

(ii)	adopt any appropriate land use regulations to implement the station area plan.

(b)

The requirements of Subsection (2)(a) shall be considered satisfied if:

(i)

(A)

the municipality has already adopted plans or ordinances, approved land use applications, approved agreements or financing, or investments have been made, before June 1, 2022, that substantially promote each of the objectives in Subsection (7)(a) within the station area, and can demonstrate that such plans, ordinances, approved land use applications, approved agreements or financing, or investments are still relevant to making meaningful progress towards achieving such objectives; and

(B)	the municipality adopts a resolution finding that the objectives of Subsection (7)(a) have been substantially promoted.

(ii)

(A)

the municipality has determined that conditions exist that make satisfying a portion or all of the requirements of Subsection (2)(a) for a station area impracticable, including conditions that relate to existing development, entitlements, land ownership, land uses that make opportunities for new development and long-term redevelopment infeasible, environmental limitations, market readiness, development impediment conditions, or other similar conditions; and

(B)	the municipality adopts a resolution describing the conditions that exist to make satisfying the requirements of Subsection (2)(a) impracticable.

(c)	To the extent that previous actions by a municipality do not satisfy the requirements of Subsection (2)(a) for a station area, the municipality shall take the actions necessary to satisfy those requirements.

(3)

(a)

A municipality that has a new fixed guideway public transit station located within the municipality’s boundaries shall satisfy the requirements of Subsection (2)(a) for the station area surrounding the new fixed guideway public transit station before the new fixed guideway public transit station begins transit services.

(b)

Except as provided in Subsections (3)(c) and (d), a municipality that has an existing fixed guideway public transit station located within the municipality’s boundaries shall satisfy the requirements of Subsection (2)(a) for the station area surrounding the existing fixed guideway public transit station on or before December 31, 2025.

(c)

If a municipality has more than four existing fixed guideway public transit stations located within the municipality’s boundaries, the municipality shall:

(i)	on or before December 31, 2025, satisfy the requirements of Subsection (2)(a) for four or more station areas located within the municipality; and

(ii)	on or before December 31 of each year thereafter, satisfy the requirements of Subsection (2)(a) for no less than two station areas located within the municipality until the municipality has satisfied the requirements of Subsection (2)(a) for each station area located within the municipality.

(d)

(i)

Subject to Subsection (3)(d)(ii):

(A)	if a municipality receives a complete qualifying land use petition on or before July 1, 2022, the municipality shall satisfy the requirements of Subsection (2)(a) for the station area in which the development is proposed on or before July 1, 2023; and

(B)

if a municipality receives a complete qualifying land use petition after July 1, 2022, the municipality shall satisfy the requirements of Subsection (2)(a) for the station area in which the development is proposed within a 12-month period beginning on the first day of the month immediately following the month in which the qualifying land use petition is submitted to the municipality, and shall notify the applicable metropolitan planning organization of the receipt of the qualified land use petition within 45 days of the date of receipt.

(ii)

(A)	A municipality is not required to satisfy the requirements of Subsection (2)(a) for more than two station areas under Subsection (3)(d)(i) within any 12-month period.

(B)	If a municipality receives more than two complete qualifying land use petitions on or before July 1, 2022, the municipality shall select two station areas for which the municipality will satisfy the requirements of Subsection (2)(a) in accordance with Subsection (3)(d)(i)(A).

(iii)

A municipality shall process on a first priority basis a land use application, including an application for a building permit, if:

(A)	the land use application is for a residential use within a station area for which the municipality has not satisfied the requirements of Subsection (2)(a); and

(B)	the municipality would be required to change a zoning designation for the land use application to be approved.

(e)

Notwithstanding Subsections (3)(a) through (d), the time period for satisfying the requirements of Subsection (2)(a) for a station area may be extended once for a period of 12 months if:

(i)	the municipality demonstrates to the applicable metropolitan planning organization that conditions exist that make satisfying the requirements of Subsection (2)(a) within the required time period infeasible, despite the municipality’s good faith efforts; and

(ii)	the applicable metropolitan planning organization certifies to the municipality in writing that the municipality satisfied the demonstration in Subsection (3)(e)(i).

(4)

(a)

Except as provided in Subsection (4)(b), if a station area is included within the boundaries of more than one municipality, each municipality with jurisdiction over the station area shall satisfy the requirements of Subsection (2)(a) for the portion of the station area over which the municipality has jurisdiction.

(b)	Two or more municipalities with jurisdiction over a station area may coordinate to develop a shared station area plan for the entire station area.

(5)	A municipality that has more than one fixed guideway public transit station located within the municipality may, through an integrated process, develop station area plans for multiple station areas if the station areas are within close proximity of each other.

(6)

(a)	A municipality that is required to develop and adopt a station area plan under this section may request technical assistance from the applicable metropolitan planning organization.

(b)	An applicable metropolitan planning organization that receives funds from the Governor’s Office of Economic Opportunity under Section 63N-3-113 shall, when utilizing the funds, give priority consideration to requests for technical assistance for station area plans required under Subsection (3)(d).

(7)

(a)

A station area plan shall promote the following objectives within the station area:

(i)	increasing the availability and affordability of housing, including moderate income housing;

(ii)	promoting sustainable environmental conditions;

(iii)

enhancing access to opportunities; and

(iv)	increasing transportation choices and connections.

(b)

(i)

To promote the objective described in Subsection (7)(a)(i), a municipality may consider implementing the following actions:

(A)	aligning the station area plan with the moderate income housing element of the municipality’s general plan;

(B)	providing for densities necessary to facilitate the development of moderate income housing;

(C)	providing for affordable costs of living in connection with housing, transportation, and parking; or

(D)	any other similar action that promotes the objective described in Subsection (7)(a)(i).

(ii)

To promote the objective described in Subsection (7)(a)(ii), a municipality may consider implementing the following actions:

(A)	conserving water resources through efficient land use;

(B)	improving air quality by reducing fuel consumption and motor vehicle trips;

(C)	establishing parks, open spaces, and recreational opportunities; or

(D)	any other similar action that promotes the objective described in Subsection (7)(a)(ii).

(iii)

To promote the objective described in Subsection (7)(a)(iii), a municipality may consider the following actions:

(A)	maintaining and improving the connections between housing, transit, employment, education, recreation, and commerce;

(B)	encouraging mixed-use development;

(C)	enabling employment and educational opportunities within the station area;

(D)	encouraging and promoting enhanced broadband connectivity; or

(E)	any other similar action that promotes the objective described in Subsection (7)(a)(iii).

(iv)

To promote the objective described in Subsection (7)(a)(iv), a municipality may consider the following:

(A)	supporting investment in infrastructure for all modes of transportation;

(B)	increasing utilization of public transit;

(C)	encouraging safe streets through the designation of pedestrian walkways and bicycle lanes;

(D)	encouraging manageable and reliable traffic conditions;

(E)	aligning the station area plan with the regional transportation plan of the applicable metropolitan planning organization; or

(F)	any other similar action that promotes the objective described in Subsection (7)(a)(iv).

(8)

A station area plan shall include the following components:

(a)

a station area vision that:

(i)	is consistent with Subsection (7); and

(ii)

describes the following:

(A)	opportunities for the development of land within the station area under existing conditions;

(B)	constraints on the development of land within the station area under existing conditions;

(C)	the municipality’s objectives for the transportation system within the station area and the future transportation system that meets those objectives;

(D)	the municipality’s objectives for land uses within the station area and the future land uses that meet those objectives;

(E)	the municipality’s objectives for public and open spaces within the station area and the future public and open spaces that meet those objectives; and

(F)	the municipality’s objectives for the development of land within the station area and the future development standards that meet those objectives;

(b)

a map that depicts:

(i)	the station area;

(ii)	the area within the station area to which the station area plan applies, provided that the station area plan may apply to areas outside the station area, and the station area plan is not required to apply to the entire station area; and

(iii)

the area where each action is needed to implement the station area plan;

(c)

an implementation plan that identifies and describes each action needed within the next five years to implement the station area plan, and the party responsible for taking each action, including any actions to:

(i)	modify land use regulations;

(ii)	make infrastructure improvements;

(iii)

modify deeds or other relevant legal documents;

(iv)	secure funding or develop funding strategies;

(v)	establish design standards for development within the station area; or

(vi)	provide environmental remediation;

(d)	a statement that explains how the station area plan promotes the objectives described in Subsection (7)(a); and

(e)

as an alternative or supplement to the requirements of Subsection (7) or this Subsection (8), and for purposes of Subsection (2)(b)(ii), a statement that describes any conditions that would make the following impracticable:

(i)	promoting the objectives described in Subsection (7)(a); or

(ii)	satisfying the requirements of this Subsection (8).

(9)

A municipality shall develop a station area plan with the involvement of all relevant stakeholders that have an interest in the station area through public outreach and community engagement, including:

(a)	other impacted communities;

(b)	the applicable public transit district;

(c)	the applicable metropolitan planning organization;

(d)	the Department of Transportation;

(e)	owners of property within the station area; and

(f)	the municipality’s residents and business owners.

(10)

(a)

A municipality that is required to develop and adopt a station area plan for a station area under this section shall submit to the applicable metropolitan planning organization and the applicable public transit district documentation evidencing that the municipality has satisfied the requirement of Subsection (2)(a)(i) for the station area, including:

(i)	a station area plan; or

(ii)	a resolution adopted under Subsection (2)(b)(i) or (ii).

(b)

The applicable metropolitan planning organization, in consultation with the applicable public transit district, shall:

(i)	review the documentation submitted under Subsection (10)(a) to determine the municipality’s compliance with this section; and

(ii)	provide written certification to the municipality if the applicable metropolitan planning organization determines that the municipality has satisfied the requirement of Subsection (2)(a)(i) for the station area.

(c)	The municipality shall include the certification described in Subsection (10)(b)(ii) in the municipality’s report to the Department of Workforce Services under Section 10-9a-408.

Amended by Chapter 219, 2023 General Session

Previous section

Next section

Part 4 Contents