Development impediment: means a condition of an area that meets the requirements described in Section 17C-2-303 for an urban renewal project area or Section 17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102
Inactive airport site: includes a perimeter of up to 2,500 feet around the land described in Subsection (30)(a). See Utah Code 17C-1-102
Inactive industrial site: includes a perimeter of up to 1,500 feet around the land described in Subsection (31)(a). See Utah Code 17C-1-102
Participant: means one or more persons that enter into a participation agreement with an agency. See Utah Code 17C-1-102
Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
(a)
promoting, creating, or retaining public or private jobs within the state or a community;
(b)
providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
(c)
planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
(d)
providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
(e)
altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
(f)
providing open space, including streets or other public grounds or space around buildings;
(g)
providing public or private buildings, infrastructure, structures, or improvements;
(h)
relocating a business;
(i)
improving public or private recreation areas or other public grounds;
(j)
eliminating a development impediment or the causes of a development impediment;
(k)
redevelopment as defined under the law in effect before May 1, 2006; or
(l)
any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
(i)
the proposed project area consists predominantly of nongreenfield parcels;
(ii)
the proposed project area is currently zoned for urban purposes and generally served by utilities;
(iii)
at least 50% of the parcels within the proposed project area contain nonagricultural or nonaccessory buildings or improvements used or intended for residential, commercial, industrial, or other urban purposes, or any combination of those uses;
(iv)
the present condition or use of the proposed project area substantially impairs the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic liability or is detrimental to the public health, safety, or welfare, as shown by the existence within the proposed project area of at least four of the following factors:
(A)
one of the following, although sometimes interspersed with well maintained buildings and infrastructure:
(I)
substantial physical dilapidation, deterioration, or defective construction of buildings or infrastructure; or
(II)
significant noncompliance with current building code, safety code, health code, or fire code requirements or local ordinances;
(B)
unsanitary or unsafe conditions in the proposed project area that threaten the health, safety, or welfare of the community;
(C)
environmental hazards, as defined in state or federal law, that require remediation as a condition for current or future use and development;
(D)
excessive vacancy, abandoned buildings, or vacant lots within an area zoned for urban use and served by utilities;
(E)
abandoned or outdated facilities that pose a threat to public health, safety, or welfare;
(F)
criminal activity in the project area, higher than that of comparable areas in the municipality or county that are without a development impediment; and
(G)
defective or unusual conditions of title rendering the title nonmarketable; and
(v)
(A)
at least 50% of the privately-owned parcels within the proposed project area are affected by at least one of the factors, but not necessarily the same factor, listed in Subsection (1)(a)(iv); and
(B)
the affected parcels comprise at least 66% of the privately-owned acreage of the proposed project area; or
(b)
the proposed project area includes some or all of a superfund site, inactive industrial site, or inactive airport site.
(2)
No single parcel comprising 10% or more of the acreage of the proposed project area may be counted as satisfying Subsection (1)(a)(iii) or (iv) unless at least 50% of the area of that parcel is occupied by buildings or improvements.
(3)
(a)
For purposes of Subsection (1), if a participant involved in the project area development has caused a condition listed in Subsection (1)(a)(iv) within the proposed project area, that condition may not be used in the determination of a development impediment.
(b)
Subsection (3)(a) does not apply to a condition that was caused by an owner or tenant who becomes a participant.
