17C-2-105. Objections to urban renewal project area plan — Owners’ alternative project area plan — Election if 40% of property owners object.
| (1) |
At any time before the plan hearing, any person may file with the agency a written statement of objections to the proposed urban renewal project area plan. |
Terms Used In Utah Code 17C-2-105
- Community: means a county or municipality. See Utah Code 17C-1-102
- Land: includes :Utah Code 68-3-12.5
- Person: means :Utah Code 68-3-12.5
- 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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Urban renewal project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102
- Writing: includes :Utah Code 68-3-12.5
| (2) |
If the record owners of property of a majority of the private real property included within the proposed urban renewal project area file a written petition before or at the plan hearing, proposing an alternative project area plan, the agency shall consider that proposed plan in conjunction with the project area plan proposed by the agency. |
| (3) |
| (a) |
If the record property owners of at least 40% of the private land area within the most recently proposed urban renewal project area object in writing to the proposed project area plan before or at the plan hearing, or object orally at the plan hearing, and do not withdraw their objections, an agency may not approve the project area plan until approved by voters within the boundaries of the agency in which the proposed project area is located at an election as provided in Subsection (3)(b). |
| (b) |
| (i) |
Except as provided in this section, each election required under Subsection (3)(a) shall comply with Title 20A, Election Code. |
| (ii) |
An election under Subsection (3)(a) may be held on the same day and with the same election officials as an election held by the community in which the proposed project area is located. |
| (iii) |
If a majority of those voting on the proposed project area plan vote in favor of it, the project area plan shall be considered approved and the agency shall confirm the approval by resolution. |
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| (4) |
If the record property owners of 2/3 of the private land area within the proposed project area object in writing to the proposed project area plan before or at the plan hearing and do not withdraw their objections, the project area plan may not be adopted and the agency may not reconsider the project area plan for three years. |
Amended by Chapter 350, 2016 General Session
