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
Development impediment hearing: means a public hearing regarding whether a development impediment exists within a proposed:
Development impediment study: means a study to determine whether a development impediment exists within a survey area as described in Section 17C-2-301 for an urban renewal project area or Section 17C-5-403 for a community reinvestment project area. See Utah Code 17C-1-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
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
Plan hearing: means the public hearing on a proposed project area plan required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d) for a community development project area plan, or Subsection 17C-5-104(3)(e) for a community reinvestment project area plan. 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 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
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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
Survey area: means a geographic area designated for study by a survey area resolution to determine whether:
(a)
one or more project areas within the survey area are feasible; or
(b)
a development impediment exists within the survey area. See Utah Code 17C-1-102
Taxing entity: means a public entity that:
(a)
levies a tax on property located within a project area; or
Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a)
In order to adopt an urban renewal project area plan, after adopting a resolution under Subsection 17C-2-101.5(1) the agency shall:
(i)
unless a development impediment determination is based on a determination made under Subsection 17C-2-303(1)(b) relating to an inactive industrial site or inactive airport site:
(A)
cause a development impediment study to be conducted within the survey area as provided in Section 17C-2-301;
(B)
provide notice of a development impediment hearing as required under 8; and
(C)
hold a development impediment hearing as described in Section 17C-2-302;
(ii)
after the development impediment hearing has been held or, if no development impediment hearing is required under Subsection (1)(a)(i), after adopting a resolution under Subsection 17C-2-101.5(1), hold a board meeting at which the board shall:
(A)
consider:
(I)
the evidence and information relating to the existence or nonexistence of a development impediment; and
(II)
whether adoption of one or more urban renewal project area plans should be pursued; and
(B)
by resolution:
(I)
make a determination regarding the existence of a development impediment in the proposed urban renewal project area;
(II)
select one or more project areas comprising part or all of the survey area; and
(III)
authorize the preparation of a proposed project area plan for each project area;
(iii)
prepare a proposed project area plan and conduct any examination, investigation, and negotiation regarding the project area plan that the agency considers appropriate;
(iv)
make the proposed project area plan available to the public at the agency’s offices during normal business hours;
(v)
provide notice of the plan hearing in accordance with Sections 17C-1-806 and 17C-1-808;
(vi)
hold a plan hearing on the proposed project area plan and, at the plan hearing:
(A)
allow public comment on:
(I)
the proposed project area plan; and
(II)
whether the proposed project area plan should be revised, approved, or rejected; and
(B)
receive all written and hear all oral objections to the proposed project area plan;
(vii)
before holding the plan hearing, provide an opportunity for the StateBoard of Education and each taxing entity that levies a tax on property within the proposed project area to consult with the agency regarding the proposed project area plan;
(viii)
if applicable, hold the election required under Subsection 17C-2-105(3);
(ix)
after holding the plan hearing, at the same meeting or at a subsequent meeting consider:
(A)
the oral and written objections to the proposed project area plan and evidence and testimony for and against adoption of the proposed project area plan; and
(B)
whether to revise, approve, or reject the proposed project area plan;
(x)
approve the proposed project area plan, with or without revisions, as the project area plan by a resolution that complies with Section 17C-2-106; and
(xi)
submit the project area plan to the community legislative body for adoption.
(b)
(i)
If an agency makes a determination under Subsection (1)(a)(ii)(B) that a development impediment exists in the proposed urban renewal project area, the agency may not adopt the project area plan until the taxing entity committee approves the development impediment determination.
(ii)
(A)
A taxing entity committee may not disapprove an agency’s development impediment determination unless the committee demonstrates that the conditions the agency found to exist in the urban renewal project area that support the agency’s development impediment determination under Section 17C-2-303:
(I)
do not exist; or
(II)
do not constitute a development impediment.
(B)
(I)
If the taxing entity committee questions or disputes the existence of some or all of the development impediment conditions that the agency determined to exist in the urban renewal project area or that those conditions constitute a development impediment, the taxing entity committee may hire a consultant, mutually agreed upon by the taxing entity committee and the agency, with the necessary expertise to assist the taxing entity committee to make a determination as to the existence of the questioned or disputed development impediment conditions.
(II)
The agency shall pay the fees and expenses of each consultant hired under Subsection (1)(b)(ii)(B)(I).
(III)
The determination of a consultant under this Subsection (1)(b)(ii)(B) shall be binding on the taxing entity committee and the agency.
(2)
An agency may not propose a project area plan under Subsection (1) unless the community in which the proposed project area is located:
(a)
has a planning commission; and
(b)
has adopted a general plan under:
(i)
if the community is a municipality, 4; or
(ii)
if the community is a county, 4.
(3)
(a)
Subject to Subsection (3)(b), a board may not approve a project area plan more than one year after adoption of a resolution making a development impediment determination under Subsection (1)(a)(ii)(B).
(b)
If a project area plan is submitted to an election under Subsection 17C-2-105(3), the time between the plan hearing and the date of the election does not count for purposes of calculating the year period under Subsection (3)(a).
(4)
(a)
Except as provided in Subsection (4)(b), a proposed project area plan may not be modified to add real property to the proposed project area unless the board holds a plan hearing to consider the addition and gives notice of the plan hearing as required under Sections 17C-1-806 and 17C-1-808.
(b)
The notice and hearing requirements under Subsection (4)(a) do not apply to a proposed project area plan being modified to add real property to the proposed project area if:
(i)
the property is contiguous to the property already included in the proposed project area under the proposed project area plan;
(ii)
the record owner of the property consents to adding the real property to the proposed project area; and
