10-21-301. Moderate income housing.
(1) A municipality may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if: the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units; the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development; or the municipality offers or approves, and an applicant accepts, an incentive described in Sectionor. 10-21-401 10-21-402
(2) If an applicant does not agree to participate in the development of moderate income housing units under Subsectionor, a municipality may not take into consideration the applicant's decision in the municipality's determination of whether to approve or deny a land use application. (1)(a) (b)
(3) Notwithstanding Subsectionsand, a municipality that imposes a resort community sales and use tax as described in Section, may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the municipality before January 1, 2022. (1) (2) 59-12-401