17-27a-401 - General plan required -- Content -- Provisions related to radioactive waste facility.
17-27a-401. General plan required -- Content -- Provisions related to radioactivewaste facility.
(1) In order to accomplish the purposes of this chapter, each county shall prepare andadopt a comprehensive, long-range general plan for:
(a) present and future needs of the county; and
(b) growth and development of all or any part of the land within the unincorporatedportions of the county.
(2) The plan may provide for:
(a) health, general welfare, safety, energy conservation, transportation, prosperity, civicactivities, aesthetics, and recreational, educational, and cultural opportunities;
(b) the reduction of the waste of physical, financial, or human resources that result fromeither excessive congestion or excessive scattering of population;
(c) the efficient and economical use, conservation, and production of the supply of:
(i) food and water; and
(ii) drainage, sanitary, and other facilities and resources;
(d) the use of energy conservation and solar and renewable energy resources;
(e) the protection of urban development;
(f) the protection or promotion of moderate income housing;
(g) the protection and promotion of air quality;
(h) historic preservation;
(i) identifying future uses of land that are likely to require an expansion or significantmodification of services or facilities provided by each affected entity; and
(j) an official map.
(3) (a) The plan shall include specific provisions related to any areas within, or partiallywithin, the exterior boundaries of the county, or contiguous to the boundaries of a county, whichare proposed for the siting of a storage facility or transfer facility for the placement of high-levelnuclear waste or greater than class C radioactive nuclear waste, as these wastes are defined inSection 19-3-303. The provisions shall address the effects of the proposed site upon the healthand general welfare of citizens of the state, and shall provide:
(i) the information identified in Section 19-3-305;
(ii) information supported by credible studies that demonstrates that the provisions ofSubsection 19-3-307(2) have been satisfied; and
(iii) specific measures to mitigate the effects of high-level nuclear waste and greater thanclass C radioactive waste and guarantee the health and safety of the citizens of the state.
(b) A county may, in lieu of complying with Subsection (3)(a), adopt an ordinanceindicating that all proposals for the siting of a storage facility or transfer facility for theplacement of high-level nuclear waste or greater than class C radioactive waste wholly orpartially within the county are rejected.
(c) A county may adopt the ordinance listed in Subsection (3)(b) at any time.
(d) The county shall send a certified copy of the ordinance under Subsection (3)(b) to theexecutive director of the Department of Environmental Quality by certified mail within 30 daysof enactment.
(e) If a county repeals an ordinance adopted pursuant to Subsection (3)(b) the countyshall:
(i) comply with Subsection (3)(a) as soon as reasonably possible; and
(ii) send a certified copy of the repeal to the executive director of the Department ofEnvironmental Quality by certified mail within 30 days after the repeal.
(4) The plan may define the county's local customs, local culture, and the componentsnecessary for the county's economic stability.
(5) Subject to Subsection 17-27a-403(2), the county may determine thecomprehensiveness, extent, and format of the general plan.
Renumbered and Amended by Chapter 254, 2005 General Session