17C-1-204.  Project area development by an adjoining agency — Requirements.

(1) 

Terms Used In Utah Code 17C-1-204

  • Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Community: means a county or municipality. See Utah Code 17C-1-102
  • Community legislative body: means the legislative body of the community that created the agency. 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
  • 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
  • Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
  • Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • (a)  A community, regardless of whether the community has created an agency, may enter into an interlocal agreement with an agency located in the same or an abutting county that authorizes the agency to exercise all the powers granted to an agency under this title within all or a portion of the community.

    (b)  The agency and the community shall adopt an interlocal agreement described in Subsection (1)(a) by resolution.

    (2)  If an agency and a community enter into an interlocal agreement under Subsection (1):

    (a)  the agency may act in all respects as if a project area within the community were within the agency’s boundaries;

    (b)  the board has all the rights, powers, and privileges with respect to a project area within the community as if the project area were within the agency’s boundaries;

    (c)  the agency may be paid project area funds to the same extent as if a project area within the community were within the agency’s boundaries; and

    (d)  the community legislative body shall adopt, by ordinance, each project area plan within the community approved by the agency.

    (3)  If an agency’s project area abuts another agency’s project area, the agencies may coordinate with each other in order to assist and cooperate in the planning, undertaking, construction, or operation of project area development located within each agency’s project area.

    (4) 

    (a)  As used in this Subsection (4):

    (i)  “County agency” means an agency that is created by a county.

    (ii)  “Industrial property” means private real property:

    (A)  over half of which is located within the boundary of a town, as defined in Section 10-1-104; and

    (B)  comprises some or all of an inactive industrial site.

    (iii)  “Perimeter portion” means the portion of an inactive industrial site that is:

    (A)  part of the inactive industrial site because the site lies within the perimeter described in Section 17C-1-102; and

    (B)  located within the boundary of a city, as defined in Section 10-1-104.

    (b) 

    (i)  Subject to Subsection (4)(b)(ii), a county agency may undertake project area development on industrial property if the record property owner of the industrial property submits a written request to the county agency to do so.

    (ii)  A county agency may not include a perimeter portion within a project area without the approval of the city in which the perimeter portion is located.

    (c)  If a county agency undertakes project area development on industrial property:

    (i)  the county agency may act in all respects as if the project area that includes the industrial property were within the county agency’s boundary;

    (ii)  the board of the county agency has each right, power, and privilege with respect to the project area as if the project area were within the county agency’s boundary; and

    (iii)  the county agency may be paid project area funds to the same extent as if the project area were within the county agency’s boundary.

    (d)  A project area plan for a project on industrial property that is approved by the county agency shall be adopted by ordinance of the legislative body of the county in which the project area is located.

    Amended by Chapter 366, 2018 General Session