By: Turner, S. H.B. No. 1749
73R5688 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to comprehensive planning on local issues and community
1-3 development.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Legislative Findings and Purpose. (a) The
1-6 legislature finds that:
1-7 (1) the metropolitan, urban, and suburban regions of
1-8 the state are of vital importance to the economy, health, and
1-9 general welfare of all citizens;
1-10 (2) the state has a vital role and essential public
1-11 interest in establishing minimum standards and procedures for
1-12 effective and coordinated regional, county, and local or municipal
1-13 comprehensive planning, to:
1-14 (A) promote economic development and more
1-15 efficient, attractive, and workable patterns of urban and suburban
1-16 development, including transportation and land uses; and
1-17 (B) protect, preserve, and enhance natural
1-18 resources and the natural environment; and
1-19 (3) to serve these vital and essential public
1-20 interests of the state, consistent standards and procedures must be
1-21 established for each metropolitan region governing coordinated
1-22 comprehensive planning, the relationship to land use and other land
1-23 development regulations, and the implementation of plans to promote
1-24 the eventual public interest of the state and its metropolitan
2-1 regions.
2-2 (b) The purposes of this Act are to:
2-3 (1) facilitate, encourage, and require coordinated
2-4 comprehensive regional, county, and local planning;
2-5 (2) encourage community development and growth in all
2-6 standard metropolitan statistical areas in the state;
2-7 (3) promote the health, safety, comfort, appearance,
2-8 and general welfare of the community;
2-9 (4) promote public safety, including law enforcement,
2-10 crime prevention, fire prevention, and the protection and nurturing
2-11 of children and families;
2-12 (5) promote sound and affordable housing for all
2-13 citizens to prevent overcrowding;
2-14 (6) facilitate the construction and improvement of
2-15 public facilities, including schools, libraries, parks, recreation
2-16 facilities, and water, sewage, and drainage systems;
2-17 (7) protect, conserve, properly use, and develop
2-18 natural resources;
2-19 (8) enable the state and its counties and
2-20 municipalities to qualify for maximum funding from federal and
2-21 other governmental programs;
2-22 (9) facilitate the coordination of governmental plans,
2-23 expenditures, and programs;
2-24 (10) respond competitively at all levels of state
2-25 government to federal initiatives, policies, programs, and funding
2-26 sources;
2-27 (11) ensure that major capital projects and major
3-1 developments of regional impact have the most comprehensive and
3-2 beneficial effects, long and short term, for all of the citizens of
3-3 the state;
3-4 (12) promote efficient and orderly patterns of urban
3-5 and suburban development, growth, and revitalization;
3-6 (13) discourage the inefficiencies and waste of
3-7 suburban sprawl;
3-8 (14) encourage and facilitate citizens of each
3-9 metropolitan region to participate in an organized community goals
3-10 and planning process;
3-11 (15) develop planning procedures for each metropolitan
3-12 region to facilitate the implementation of goals-oriented plans and
3-13 programs;
3-14 (16) cause to be established or facilitate effective
3-15 regional metropolitan planning councils with specific boundaries,
3-16 powers, duties, and responsibilities;
3-17 (17) provide a mechanism in the office of the governor
3-18 to assist, oversee, and coordinate metropolitan planning councils
3-19 and to review and evaluate the progress and effectiveness of
3-20 metropolitan planning councils;
3-21 (18) promote, encourage, and require coordinated
3-22 comprehensive planning among the various levels of regional
3-23 government and to efficiently plan and coordinate governmental
3-24 capital expenditures and programs at all levels;
3-25 (19) provide for an interim study commission appointed
3-26 by the legislature with representatives of major cities and
3-27 counties in each metropolitan area to further establish goals and
4-1 policies for regional planning and to prepare specific requirements
4-2 for coordinated comprehensive planning and capital improvement
4-3 programs;
4-4 (20) more effectively use, protect, conserve, and
4-5 enhance natural resources;
4-6 (21) facilitate harmonious relations, cooperation, and
4-7 community improvement among the diverse social and ethnic
4-8 populations of our metropolitan regions;
4-9 (22) assist in the revitalization of neighborhoods and
4-10 the restoration of a sense of neighborhood and community in the
4-11 urban and suburban areas of metropolitan regions, especially the
4-12 revitalization of disadvantaged neighborhoods;
4-13 (23) identify and facilitate federal revenue and
4-14 entitlement sharing programs to enable the state to be more
4-15 effective in competing for federal funds and to respond effectively
4-16 to new federal programs and initiatives;
4-17 (24) plan and coordinate state capital expenditures
4-18 with those of the various levels of government within each region;
4-19 and
4-20 (25) promote, through comprehensive planning, the
4-21 implementation of efficient coordinated regional transportation
4-22 systems, including mass transit and intraregional and interregional
4-23 transit corridors, to reduce automobile congestion, increase
4-24 mobility, especially for the elderly, handicapped and
4-25 disadvantaged, and further reduce air pollution and commuting time
4-26 from home to work.
4-27 SECTION 2. DEFINITIONS. In this Act:
5-1 (1) "Agricultural use" means an activity within a land
5-2 area that is predominantly used for the cultivation of crops and
5-3 livestock, including cropland, pastureland, an orchard, a vineyard,
5-4 a nursery, an ornamental horticulture area, a grove, a confined
5-5 feeding operation, a specialty farm, or a silviculture area.
5-6 (2) "Airport facility" means an area of land or water
5-7 improved, maintained, or operated by a governmental agency for the
5-8 landing and takeoff of aircraft or a privately owned paved runway
5-9 of 4,000 feet or more in length, and any appurtenant area used for
5-10 airport buildings, other airport facilities, or right-of-way.
5-11 (3) "Capital budget" means the portion of each local
5-12 government's budget that reflects capital improvements scheduled
5-13 for a fiscal year.
5-14 (4) "Capital improvement" means the physical assets
5-15 constructed or purchased to provide, improve, or replace a public
5-16 facility that are large scale and high in cost and that involve a
5-17 cost that is generally nonrecurring and may require multiyear
5-18 financing. The term includes physical assets that have been
5-19 identified as existing or projected needs in the individual
5-20 comprehensive plan elements.
5-21 (5) "Coastal area" means, for the purposes of
5-22 preparing and implementing requirements of the coastal management
5-23 element, except those requirements relating to hurricane
5-24 evacuation, hazard mitigation, water quality, water quantity, and
5-25 the coastal area or estuarine environmental quality, the area
5-26 designated as the coastal area by the local government.
5-27 (6) "COG" means a regional planning commission created
6-1 under Chapter 391, Local Government Code.
6-2 (7) "Developer" means a person, including a
6-3 governmental agency, undertaking any development.
6-4 (8) "Dune" means a mound or ridge of loose, usually
6-5 sand-sized sediments lying landward of a beach and extending inland
6-6 to the landward toe of the dune that intercepts the predicted
6-7 100-year storm surge line.
6-8 (9) "Drainage facility" means a system of man-made
6-9 structures designed to collect, convey, hold, divert, or discharge
6-10 storm water. The term includes storm-water sewers, canals,
6-11 detention structures, and retention structures.
6-12 (10) "GOPA" means the Governor's Office of Planning
6-13 Affairs.
6-14 (11) "Governing body" means the commissioners court of
6-15 a county or the governing body of a municipality.
6-16 (12) "Hazardous waste" means solid waste that because
6-17 of its quantity, concentration, or physical, chemical, or
6-18 infectious characteristics may:
6-19 (A) cause or significantly contribute to an
6-20 increase in mortality or an increase in serious irreversible or
6-21 incapacitating reversible illness; or
6-22 (B) pose a substantial present or potential
6-23 hazard to human health or the environment if improperly
6-24 transported, disposed of, stored, treated, or otherwise managed.
6-25 (13) "Historic resource" means an area, district, or
6-26 site containing property listed on the Texas Master Site File or
6-27 the National Register of Historic Places or designated by a local
7-1 government as historically, architecturally, or archaeologically
7-2 significant.
7-3 (14) "Hurricane vulnerability zone" means an area
7-4 delineated by the regional or local hurricane evacuation plan as
7-5 requiring evacuation, including an area requiring evacuation in
7-6 event of a 100-year storm or Category 3 storm event.
7-7 (15) "Industrial use" means an activity predominantly
7-8 connected with the manufacturing, assembly, processing, or storage
7-9 of products.
7-10 (16) "Infrastructure" means a man-made structure that
7-11 serves the common needs of the population, including a sewage
7-12 disposal system, potable water system, potable water well serving a
7-13 system, solid waste disposal site or retention area, storm-water
7-14 system, utility, pier, dock, wharf, breakwater, bulkhead, seawall,
7-15 bulwark, revetment, causeway, marina, navigation channel, bridge,
7-16 or roadway.
7-17 (17) "Land" includes water and air above, below, or on
7-18 the surface of land, and improvements or structures customarily
7-19 regarded as land.
7-20 (18) "Land use" means development that has occurred or
7-21 is proposed by a developer on land, or a use that is permitted or
7-22 permissible on land under:
7-23 (A) an adopted comprehensive plan or element or
7-24 portion of a plan or element;
7-25 (B) land development regulations; or
7-26 (C) a land development code.
7-27 (19) "Local government" means a county, municipality,
8-1 or other political subdivision of the state.
8-2 (20) "Local plan" means a comprehensive plan for a
8-3 county or municipality.
8-4 (21) "Local road" means a roadway providing service
8-5 that has relatively low traffic volume, short average trip length,
8-6 or minimal through traffic movements, or that provides high volume
8-7 land access for abutting property.
8-8 (22) "Minimum standards and procedures" means minimum
8-9 standards and procedures, including the minimum elements, to be
8-10 addressed and included for preparation of local comprehensive
8-11 plans, for implementation of local comprehensive plans, and for
8-12 participation in the coordinated and comprehensive planning
8-13 process. The term includes an element, standard, or procedure for
8-14 those purposes prescribed by an MPC or a county or municipality
8-15 within its region and approved in advance by GOPA in accordance
8-16 with rules and guidelines developed by GOPA.
8-17 (23) "MPC" means a metropolitan planning council.
8-18 (24) "MPR" means a metropolitan planning region.
8-19 (25) "Plan amendment" means a significant action by a
8-20 local government to change its currently approved comprehensive
8-21 plan. An amendment is considered necessary if the local government
8-22 determines conditions have changed dramatically so as to alter the
8-23 basic tenets of its approved comprehensive plan.
8-24 (26) "Plan approval" means certification conferred by
8-25 GOPA acknowledging that a local government has prepared, submitted
8-26 to the regional development center for review, and adopted a
8-27 comprehensive plan that meets the minimum standards and procedures.
9-1 (27) "Planning elements" means the minimum elements of
9-2 a comprehensive plan that must be addressed by a local government
9-3 in the preparation of the plan, including population, economic
9-4 development, natural and historic resources, community facilities,
9-5 housing, and land use.
9-6 (28) "Plan update" means the complete rewrite of the
9-7 local government comprehensive plan, which is to be accomplished
9-8 not later than six years after the date of approval of the most
9-9 recent comprehensive plan and must meet the minimum standards and
9-10 procedures.
9-11 (29) "Public facilities" means major capital
9-12 improvements, including transportation, sanitary sewer, solid
9-13 waste, drainage, potable water, educational, parks and
9-14 recreational, and health systems and facilities.
9-15 (30) "Qualified local government" means a county or
9-16 municipality that:
9-17 (A) adopts and maintains a comprehensive plan
9-18 conforming with the minimum standards and procedures; and
9-19 (B) establishes regulations consistent with its
9-20 comprehensive plan and with the minimum standards and procedures.
9-21 (31) "Recreation" means a component of a recreation
9-22 site used by the public, including a trail, court, athletic field,
9-23 or swimming pool.
9-24 (32) "Region" means the territorial area within the
9-25 boundaries of operation for any regional development center, as
9-26 established from time to time by the board.
9-27 (33) "Regional park" means a park designed to serve
10-1 two or more communities.
10-2 (34) "Regional plan" means a comprehensive plan for a
10-3 region prepared in accordance with the standards and procedures
10-4 established by GOPA.
10-5 (35) "Regional planning agency" means the agency
10-6 designated by GOPA to exercise responsibilities under law in a
10-7 particular region of the state.
10-8 (36) "SMSA" means standard metropolitan statistical
10-9 area.
10-10 (37) "Storm water" means the flow of water that
10-11 results from a rainfall event.
10-12 (38) "Water recharge area" means a land or water area
10-13 through which groundwater is replenished.
10-14 (39) "Water-related use" means an activity that is not
10-15 directly dependent on access to a water body, but that provides
10-16 goods and services that are directly associated with a
10-17 water-dependent or waterway use.
10-18 SECTION 3. Establishment of Metropolitan Planning Regions.
10-19 The governor shall divide the state into a number of MPRs, which
10-20 shall include all regions defined by the United States Bureau of
10-21 the Census as SMSAs including all concentrated population areas of
10-22 100,000 persons or more.
10-23 SECTION 4. Metropolitan Planning Council. (a) For each
10-24 MPR, there is created an MPC with powers to:
10-25 (1) coordinate the planning process and government
10-26 capital expenditures within the MPR;
10-27 (2) provide review of all federal funding applications
11-1 and A-95 reviews; and
11-2 (3) enforce this Act.
11-3 (b) An MPC consists of an 11-member board, an executive
11-4 director, and staff. The board shall be appointed by the governor
11-5 from nominations provided by the mayors and county judges of the
11-6 governmental units within the MPR, and must be representative of
11-7 the population of the area. The composition of each board must
11-8 reflect the ethnic population profile of the region generally.
11-9 Members serve two-year terms expiring February 1 of each
11-10 odd-numbered year. A member may not serve more than two terms. At
11-11 its first meeting after February 1 of an odd-numbered year the
11-12 members shall select a presiding officer.
11-13 SECTION 5. Governor's Office of Planning Affairs. (a) The
11-14 governor shall establish an office of planning affairs, which must
11-15 consist of an executive director and administrative staff as
11-16 required.
11-17 (b) GOPA shall:
11-18 (1) advise, coordinate, and review the activities and
11-19 plans of each MPC;
11-20 (2) coordinate the plans and capital expenditures of
11-21 the state with those of each MPC; and
11-22 (3) review and monitor the consistency of
11-23 comprehensive regional plans and sub-plans of local governments.
11-24 (c) All local and state expenditures, including expenditures
11-25 for highways, transit, education, health, water quality, including
11-26 water and sewage systems, law enforcement, and criminal justice,
11-27 must be consistent with adopted comprehensive regional plans and
12-1 must promote the goals and objectives of each MPC and of this Act.
12-2 (d) GOPA and its executive director shall determine the
12-3 number and boundaries of MPRs.
12-4 SECTION 6. Interim Comprehensive Regional Planning Study
12-5 Commission. (a) Before January 1, 1995, the Interim Comprehensive
12-6 Regional Planning Study Commission shall:
12-7 (1) report to GOPA recommending specific methods and
12-8 procedures for coordinating comprehensive regional planning
12-9 throughout the state;
12-10 (2) research current planning activities in the state;
12-11 and
12-12 (3) study the most effective coordination of capital
12-13 expenditures of all levels of government and the most effective
12-14 means to compete for federal funding.
12-15 (b) The executive director of GOPA shall serve as the
12-16 executive director of the interim study commission.
12-17 (c) The commission is composed of 11 members of the
12-18 legislature appointed jointly by the governor, lieutenant governor,
12-19 and speaker of the house of representatives.
12-20 (d) The commission shall report to the 74th Legislature the
12-21 means by which MPCs should most effectively carry out the intent,
12-22 purpose, and specific provisions of this Act, and shall recommend
12-23 additions and modifications to the procedures and standards
12-24 described by this Act.
12-25 SECTION 7. Schedule of Comprehensive Planning Requirements.
12-26 Before December 31, 1998, each MPC in the state shall adopt a
12-27 comprehensive regional plan. Before December 31, 1995, each major
13-1 municipality and local jurisdiction within the MPR shall adopt a
13-2 comprehensive plan, consistent with the standards and guidelines of
13-3 this Act and additional standards adopted by the legislature as a
13-4 result of the recommendations and procedures of the interim
13-5 regional planning study commission.
13-6 SECTION 8. Duties of Local Government. (a) A local
13-7 government shall serve the essential public interests of the state
13-8 by promoting the establishment, implementation, and performance of
13-9 coordinated and comprehensive planning and plans by municipal and
13-10 county governments. The governing body of a municipality or county
13-11 may develop comprehensive plans at the local level. A municipality
13-12 or county may not adopt or put into effect a comprehensive local
13-13 plan before 60 days after the date the municipality or county has
13-14 submitted the local plan to the MPC for review, comment, and
13-15 recommendation. A request to the MPC for reconsideration in
13-16 accordance with this Act automatically extends the 60-day period to
13-17 90 days. The MPC shall act on a plan submitted by the local
13-18 government before 60 days after the date the plan was submitted.
13-19 This action must be approval, approval with conditions, or denial.
13-20 In the case of approval with conditions or denial, the local
13-21 government must reapply to the MPC for approval before 90 days
13-22 after the date of the MPC's action. If the local plan is not
13-23 approved before one year after the date the plan was submitted, the
13-24 plan shall be adopted with the conditions established by the MPC.
13-25 (b) The governing body of a municipality or county may:
13-26 (1) employ personnel or enter into contracts with the
13-27 MPC or other public or private entity to assist in developing,
14-1 establishing, and implementing its comprehensive plan;
14-2 (2) contract with one or more counties or
14-3 municipalities for assistance in developing, establishing, and
14-4 implementing a comprehensive plan, regardless of whether the
14-5 contract is to obtain assistance or to provide assistance;
14-6 (3) develop, establish, and implement, to the extent
14-7 otherwise permitted by law, land use regulations and planning
14-8 standards and procedures that are consistent with the comprehensive
14-9 plan of the municipality or county government;
14-10 (4) develop, establish, and implement a plan for
14-11 capital improvements that conforms to the minimum standards and
14-12 procedures and make the plan a part of the local comprehensive
14-13 plan; a local government authorized and wishing to impose
14-14 development impact fees must adhere to the planning requirements
14-15 for capital improvements as established by the MPC;
14-16 (5) take any action necessary or desirable within its
14-17 powers to further the policy of the state for coordinated and
14-18 comprehensive planning;
14-19 (6) pay annual dues for membership in its MPC, in
14-20 accordance with standards developed by GOPA;
14-21 (7) participate in compiling a statewide geographic
14-22 information system data base and network to serve as a
14-23 comprehensive source of information for the coordinated and
14-24 comprehensive planning process; and
14-25 (8) participate in good faith in mediation or other
14-26 forms of conflict resolution, including those relating to
14-27 comprehensive plans, regionally important resources, or
15-1 developments of regional impact.
15-2 SECTION 9. Duties of MPC. (a) An MPC shall serve the
15-3 essential public interests of the state by promoting the
15-4 establishment, implementation, and performance of coordinated and
15-5 comprehensive planning by municipal and county governments, in
15-6 conformity with the minimum standards and procedures established
15-7 pursuant to this Act. To carry out this duty an MPC shall:
15-8 (1) contract with one or more counties or
15-9 municipalities for assistance in developing, establishing, and
15-10 implementing a comprehensive plan; and
15-11 (2) undertake and carry out planning and technical
15-12 assistance activities that its board of directors or GOPA considers
15-13 necessary for the development, preparation, and implementation of
15-14 comprehensive planning for the MPR and for municipalities and
15-15 counties within the MPR, or necessary for coordinated and
15-16 comprehensive planning within the MPR.
15-17 (b) To carry out specific planning and technical assistance
15-18 activities an MPC may:
15-19 (1) coordinate and assist local governments in
15-20 preparing local plans for submission to the MPC;
15-21 (2) provide technical planning assistance to local
15-22 governments;
15-23 (3) develop and prepare a local plan for a county or
15-24 municipality if the county or municipality enters into a contract
15-25 with an MPC for that purpose; and
15-26 (4) require that comprehensive plans within its MPR
15-27 include elements in addition to those established by GOPA as
16-1 minimum standards and procedures, but before imposing the
16-2 requirement, the MPC must receive GOPA's approval of additional
16-3 elements to be included in the comprehensive plans.
16-4 (c) Each MPC shall:
16-5 (1) prepare and adopt a regional plan that considers
16-6 local plans in the MPR and submit the regional plan to GOPA;
16-7 (2) participate in compiling a statewide geographic
16-8 information system data base and network, coordinated by GOPA to
16-9 serve as a comprehensive source of information available, in an
16-10 accessible form, to local governments, state agencies, and members
16-11 of the legislature; and
16-12 (3) review and comment on each local plan submitted to
16-13 it in accordance with minimum standards and procedures.
16-14 SECTION 10. PROCEDURE. (a) Each local plan shall be
16-15 submitted to the MPC for review and recommendations. After a
16-16 public hearing, the local plan shall be adopted as part of the
16-17 regional metropolitan plan.
16-18 (b) The MPC shall determine whether the local plan complies
16-19 with standards established by this Act and by the MPC.
16-20 (c) A local government may request reconsideration of
16-21 recommendations by the MPC at a public hearing. Not later than 90
16-22 days after the date of the public hearing, the MPC shall make a
16-23 determination on continuing or modifying its recommendations, and
16-24 shall give written notification to the local government of its
16-25 determination, which is final.
16-26 (d) The recommendations and decisions of the MPC must be
16-27 limited to issues of intergovernmental coordination, stated goals,
17-1 policies, and objectives of the MPR, compliance with the minimum
17-2 standards and procedures of this Act, and compliance with standards
17-3 and procedures required by federal regulations, policies, and
17-4 programs, and policies, plans, and programs of the state and
17-5 appropriate state agencies. This Act does not limit or compromise
17-6 the right of a local government to exercise a power of zoning or
17-7 comprehensive planning established by state law.
17-8 (e) Each application for federal funding from a local
17-9 government shall be prepared and submitted to the MPC for a
17-10 determination of compliance. The application shall be reviewed
17-11 expeditiously and shall be coordinated by the MPC with other local
17-12 jurisdictions if necessary.
17-13 (f) Each MPC shall serve as the regional clearinghouse for
17-14 all federal programs.
17-15 (g) A proposed action by a municipal or county government
17-16 that, based on guidelines of GOPA, may establish or affect
17-17 regionally important resources shall be reviewed by the MPC in
17-18 accordance with rules and procedures established by GOPA and shall
17-19 result in a public finding by GOPA as to whether the proposed
17-20 action will be in the best interests of the state. The action
17-21 shall be referred to the MPC for review.
17-22 (h) A proposed action by a municipal or county government
17-23 that, based on guidelines of GOPA, would further any development of
17-24 regional impact shall be reviewed by the MPC in accordance with
17-25 rules and procedures established by GOPA and shall result in a
17-26 public finding by GOPA as to whether the proposed action will be in
17-27 the best interest of the state.
18-1 (i) Each MPC shall coordinate mediation or other forms of
18-2 resolving conflicts relating to comprehensive plans, regionally
18-3 important resources, or developments of regional impact among local
18-4 governments within the MPR, pursuant to this Act and procedures
18-5 developed by GOPA.
18-6 (j) Each MPC shall participate in good faith in mediation or
18-7 another form of conflict resolution if the conflict involves
18-8 another MPC.
18-9 SECTION 11. INITIAL FUNDING. Funds to support GOPA and the
18-10 interim study commission shall be derived from one-half of one
18-11 percent annual set-aside from allocation of all state-administered
18-12 capital projects in each MPR, including federal funds.
18-13 SECTION 12. MINIMUM LOCAL PLANNING STANDARDS. (a) Minimum
18-14 local planning standards shall be established to guide local
18-15 governments in developing and implementing comprehensive plans.
18-16 The planning standards must provide sufficient flexibility to allow
18-17 communities to address the variety of situations the communities
18-18 face. Each MPC shall determine which items are appropriate for
18-19 consideration in its planning process. A local government shall
18-20 consider additional planning elements or data items in its plans,
18-21 as needed, to focus on special situations or issues of importance
18-22 to the community and local government.
18-23 (b) GOPA shall define the state's long-term goals and
18-24 priorities through coordinated and comprehensive planning. Goals
18-25 developed in local plans must be consistent with statewide goals.
18-26 GOPA shall utilize local and regional plans in developing and
18-27 refining these goals and priorities. Statewide goals and local
19-1 goals shall include the following elements:
19-2 (1) economic development, to achieve a growing and
19-3 balanced economy, consistent with the prudent management of the
19-4 state's resources, that equitably benefits all segments of the
19-5 population; economic development should focus on employment,
19-6 business growth, and attracting new industry and business to each
19-7 metropolitan region;
19-8 (2) natural and historic resources, to conserve and
19-9 protect the environmental, natural, and historic resources of the
19-10 state and its communities and regions;
19-11 (3) community facilities and services, to ensure that
19-12 public facilities throughout the state have adequate capacity, and
19-13 are in place when needed, to support and attract private growth and
19-14 development and maintain and enhance the quality of life of
19-15 residents of the state; community facilities include water supply,
19-16 sewage, and wastewater treatment systems and drainage, subsidence,
19-17 solid waste management, public safety, health, recreation,
19-18 education, library, cultural, and other government and public
19-19 facilities;
19-20 (4) housing and neighborhoods, to ensure that
19-21 residents of the state have access to adequate and affordable
19-22 housing, and to ensure the conservation and development of livable,
19-23 harmonious, attractive, and safe neighborhoods;
19-24 (5) land use, to ensure that land resources are
19-25 allocated for uses that will accommodate and enhance the state's
19-26 economic development, natural and historic resources, community
19-27 facilities, and housing, and to protect and improve the quality of
20-1 life of residents of the state; land use plans shall use the
20-2 standard classification system and shall include a future land use
20-3 map, which shall be periodically updated; and
20-4 (6) transportation, to ensure an efficient and
20-5 balanced transportation system in each MPR, including streets and
20-6 highways, public transit and rail systems, railroads and stations,
20-7 port facilities, airports, pedestrian circulation, and alternative
20-8 transportation.
20-9 (c) A local government shall follow a three-step planning
20-10 process in developing each of the topical planning elements under
20-11 Subsection (b). This process establishes the scope and sequence of
20-12 local planning activities and defines what must be considered and
20-13 accomplished by each local government to ensure minimum standards
20-14 of quality and comprehensiveness in local plans across the state.
20-15 The plan document must confirm that the three-step planning process
20-16 has been followed, but local governments may organize the plan
20-17 document in the manner that is appropriate to present the
20-18 information, conclusions, and intentions of the plan in the
20-19 clearest and most usable form. This process may not be interpreted
20-20 as discouraging local governments from exceeding the minimum
20-21 planning standards.
20-22 (d) The initial step of the planning process is intended to
20-23 provide local governments with a factual and conceptual basis for
20-24 making informed decisions about the future of the community and to
20-25 ensure that an appropriate range of issues and viewpoints is
20-26 considered. It must include:
20-27 (1) preparation of an inventory of data for each
21-1 planning element and development or presentation of projections or
21-2 forecasts as applicable; and
21-3 (2) analysis of the data for each element, including
21-4 consideration of the implications of historical trends, current
21-5 conditions, and forecasts for the future; a data item must be
21-6 assessed in terms of its significance to the community and
21-7 relevance to information analyzed under each of the other plan
21-8 elements; this step must include an assessment and identification
21-9 of community and natural resources and consideration of the manner
21-10 in which resources should be developed, conserved, or protected;
21-11 the assessment must also involve an evaluation of existing
21-12 community programs, facilities, services, regulatory tools, and
21-13 administrative systems to determine whether they are or will be
21-14 sufficient to meet the community's current and future needs; the
21-15 assessment must include input from the public and must involve the
21-16 development of alternatives for addressing current and future
21-17 problems and opportunities.
21-18 (e) The second step in the planning process is intended to
21-19 establish the community's long-range needs, goals, and ambitions,
21-20 resulting from the data inventory and assessment and an organized
21-21 community planning process. It must include:
21-22 (1) a statement of needs for each plan element, except
21-23 population, which may be addressed at the local government's
21-24 option, summarizing the conclusions reached during the inventory
21-25 and assessment step and addressing ways in which these needs may
21-26 affect or be affected by other elements of the plan; and
21-27 (2) goal statements expressing the community's common
22-1 ideals, desires, and vision for the future for each element; goals
22-2 must be directed toward addressing the community's social,
22-3 economic, and physical needs and opportunities in a manner that
22-4 will ensure the future well-being of the community.
22-5 (f) The third step of the planning process is implementation
22-6 of plans, strategies, and actions, with an emphasis on economic
22-7 development, natural and historic resources, community facilities,
22-8 housing, neighborhoods, land use, and the relationship of land use
22-9 to transportation. Strategies may address population growth trends
22-10 at the local government's option. The implementation strategies
22-11 must coordinate the goals and policies arising from the separate
22-12 plan elements. The implementation strategies must include:
22-13 (1) strategies that the local government will employ
22-14 during each of the next four five-year periods over a 20-year
22-15 planning period to address the needs and goals of the plan;
22-16 (2) policies the local government will adopt to
22-17 support community values and to define priorities regarding
22-18 specific issues and resources addressed in the plan, to provide
22-19 guidance and direction to local government officials in
22-20 implementing the plan; and
22-21 (3) an initial term work program to schedule specific
22-22 action the local government intends to take during each of the next
22-23 five years to address the needs and goals identified in the plan; a
22-24 local government shall update the initial term work program
22-25 periodically; the initial term work program shall include:
22-26 (A) a description of public and private
22-27 community and economic development initiatives or programs to be
23-1 put in place over each of the next five years, including cost
23-2 estimates and alternative funding sources, if applicable;
23-3 (B) a description of major capital improvements
23-4 or infrastructure expansions proposed over each of the next five
23-5 years, including cost estimates and alternative funding sources;
23-6 and
23-7 (C) a description of administrative systems,
23-8 regulatory measures, or land development regulations, including
23-9 building codes, subdivision regulations, zoning ordinances, and
23-10 performance standards, to be adopted or amended over each of the
23-11 next five years.
23-12 (g) To assist in plan preparation, GOPA shall supply
23-13 municipalities and counties with data from standard federal, state,
23-14 and private sources, to the extent that this data is available. A
23-15 local government is encouraged to update this information by any
23-16 means available. A local government is not required to use the
23-17 data provided by GOPA, and may use for projections specific numbers
23-18 or a range of numbers that it believes adequately reflect
23-19 conditions in the community. GOPA and each MPC shall provide local
23-20 governments with the best available population, demographic,
23-21 economic development, and housing data from the U.S. Census and
23-22 other standard sources, maps, and information on natural and
23-23 historic resources available at the state and federal level.
23-24 (h) GOPA may establish minimum planning elements to be
23-25 addressed by local governments in the coordinated and comprehensive
23-26 planning process. The following topical planning elements shall be
23-27 included in all local comprehensive plans:
24-1 (1) economic development;
24-2 (2) natural and historic resources;
24-3 (3) community facilities and services;
24-4 (4) housing population;
24-5 (5) transportation; and
24-6 (6) land use.
24-7 (i) A community may prepare and submit a comprehensive plan
24-8 that exceeds the minimum planning standards or that includes other
24-9 elements in addition to those prescribed by GOPA.
24-10 SECTION 13. Minimum Procedural Standards. (a) Established
24-11 minimum procedural standards for use in the coordinated and
24-12 comprehensive planning process shall be used in the preparation,
24-13 submission, review, adoption, update, and amendment of local
24-14 government comprehensive plans.
24-15 (b) If a local government has existing or proposed planning
24-16 or procedural practices that differ from but meet the intent of the
24-17 minimum local planning standards or minimum procedural standards
24-18 provided by this section, each MPC may grant the requesting local
24-19 government a variance from these requirements to recognize special
24-20 or unique local conditions. A local government is encouraged to
24-21 exceed standards provided by this section if appropriate. If a
24-22 local government's planning process clearly exceeds the minimum
24-23 standards and procedures, approval of the MPC is not required.
24-24 (c) GOPA shall develop a five-year schedule for phasing in
24-25 local government compliance and update it at least annually during
24-26 the phase-in period.
24-27 (d) A local government shall hold at least three public
25-1 hearings before submitting a draft comprehensive plan to the MPC
25-2 for review. At least one public hearing must be held before the
25-3 development of the plan to inform the public about the purpose of
25-4 the plan and the process to be followed in the preparation of the
25-5 plan, and to elicit community input on needs and goals. A local
25-6 government shall follow the public hearing notification procedures
25-7 it normally uses in announcing and conducting public hearings. The
25-8 local government shall hold at least two additional hearings before
25-9 submitting the draft plan to the MPC for review to inform the
25-10 community on the contents of the draft plan, to provide an
25-11 opportunity for residents to make suggestions, additions, or
25-12 revisions, and to notify the community of when the draft plan will
25-13 be submitted to the MPC for review.
25-14 (e) The governing body of the submitting local government
25-15 must by resolution authorize the submission of the draft plan to
25-16 the MPC for review and certify that the minimum public
25-17 participation requirements have been met.
25-18 (f) The MPC shall review a local plan for compliance with
25-19 the minimum standards and procedures and, in consultation with all
25-20 local governments in the MPR and adjoining MPRs, shall determine
25-21 whether the adoption or implementation of the plan would conflict
25-22 with plans or policies of other governmental units. The MPC shall:
25-23 (1) recommend approval of the plan to GOPA and notify
25-24 the submitting local government of the approval;
25-25 (2) recommend approval of the plan to GOPA and with
25-26 specific conditions to the submitting local government; or
25-27 (3) recommend to GOPA that the plan not be approved
26-1 based on noncompliance with the minimum standards and procedures
26-2 and suggest measures to the submitting local government that would
26-3 correct the deficiencies.
26-4 (g) The MPC shall notify GOPA and the submitting local
26-5 government of any conflicts or inconsistencies identified and shall
26-6 assist in resolving the conflicts.
26-7 (h) The executive director of the MPC shall notify members
26-8 of the MPC board and the submitting local government of all
26-9 recommendations and conflicts that are identified.
26-10 (i) Not later than 10 days after the date the MPC's
26-11 recommendation is made public, a submitting local government that
26-12 disagrees with the recommendation may petition the MPC for a
26-13 reconsideration hearing. This hearing shall be scheduled and held
26-14 by MPC not later than 15 days after the date of receipt of the
26-15 request. Not later than 10 days after the date of the
26-16 reconsideration hearing, the MPC shall continue or modify its
26-17 original recommendation and provide written notice of its decision
26-18 to the submitting local government and to GOPA.
26-19 (j) Informal or formal mediation of conflicts relating to
26-20 local plans may be initiated in accordance with the procedures for
26-21 mediation established by GOPA.
26-22 (k) A local government may not adopt or put into effect a
26-23 local plan prepared in accordance with the minimum standards and
26-24 procedures before 60 days after the date the plan is first
26-25 submitted to the MPC for review. If reconsideration is requested,
26-26 the period is 90 days.
26-27 (l) The governing body of the submitting local government
27-1 shall notify the MPC, in writing, not later than seven days after
27-2 the date of adoption of the local plan prepared in accordance with
27-3 the minimum standards and procedures of GOPA.
27-4 SECTION 14. EMERGENCY. The importance of this legislation
27-5 and the crowded condition of the calendars in both houses create an
27-6 emergency and an imperative public necessity that the
27-7 constitutional rule requiring bills to be read on three several
27-8 days in each house be suspended, and this rule is hereby suspended,
27-9 and that this Act take effect and be in force from and after its
27-10 passage, and it is so enacted.