Utah Admin. Code R990-300-6 - Review Process for the Moderate Income Housing Report
(1) The division will review each moderate
income housing report for completeness and compliance with Sections
10-9a-403,
10-9a-408,
17-27a-403, and
17-27a-408.
(2) A moderate income housing report is
complete if it contains all required information and the minimum number of
moderate income housing strategies in Sections
10-9a-403,
10-9a-408,
17-27a-403, and
17-27a-408.
(3) A moderate income housing report is
compliant if it is submitted timely and meets the requirements for the report.
(a) The division will review an initial
report to confirm the:
(i) proposed strategy
restates the exact language used to describe the strategy in the Utah
Code;
(ii) report includes the
required number of strategies;
(iii) report includes the required types of
strategies;
(iv) proposed timelines
for implementation are specific and cover the five-year planning period;
and
(v) proposed benchmarks are
specific and measurable.
(b) The division will review a subsequent
report to confirm the:
(i) strategies reported
reflect the strategies selected in the reporting entity's implementation
plan;
(ii) report includes the
required number of strategies;
(iii) reporting entity met the timelines in
the reporting entity's implementation plan; and
(iv) reporting entity made progress toward
meeting the identified benchmarks.
(4) A reporting entity's failure to include
the minimum statutory and administrative rule elements in a report will result
in a determination of noncompliance.
(5) A reporting entity must substantially
meet a timeline in its moderate income housing report to demonstrate compliance
with the reporting entity's implementation plan.
(6) A reporting entity may use state, local,
or other reliable data to describe the changes the entity experienced in
implementing each strategy to identify in a subsequent progress report how the
market has responded to a reporting entity's selected strategies.
(7) A reporting entity may submit more than
the minimum required information in its moderate income housing report, but the
report must include at least the minimum elements to be compliant.
(a) Additional planning requirements are
detailed in Title 10, Chapter 9a, Municipal Land Use, Development, and
Management Act, Title 17, Chapter 27a, County Land Use, Development, and
Management Act, or other sections of Utah Code.
(b) Although certain planning requirements
are not included as part of the plan for moderate income housing or are not
subject to review by the division, a reporting entity may be required to
demonstrate compliance with other requirements in its moderate income housing
report, including station area plan requirements under Section
10-9a-403.1 or housing and transit
reinvestment zone requirements under Title 63N, Chapter 3, Part 6, Housing and
Transit Reinvestment Zone Act.
(8)
(a) A
reporting entity may amend its implementation plan at any time.
(b) A reporting entity may consult with the
division before amending its implementation plan.
(c) The reporting entity shall detail in its
subsequent progress report the amended implementation plan and the reporting
entity's progress on the original and the amended implementation
plans.
Notes
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