17C-2-301.  Development impediment study — Requirements — Deadline.

(1)  An agency shall ensure that each development impediment study required under Subsection 17C-2-102(1)(a)(i)(A):

Terms Used In Utah Code 17C-2-301

  • Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
  • 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 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
  • 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
  • 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
  • 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
  • Survey area resolution: means a resolution adopted by a board that designates a 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
    (b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
    (a)  undertakes a parcel by parcel survey of the survey area;

    (b)  provides data so the board and taxing entity committee may determine:

    (i)  whether the conditions described in Subsection 17C-2-303(1):

    (A)  exist in part or all of the survey area; and

    (B)  qualify an area within the survey area as a project area; and

    (ii)  whether the survey area contains all or part of a superfund site, an inactive industrial site, or inactive airport site;

    (c)  includes a written report setting forth:

    (i)  the conclusions reached;

    (ii)  any recommended area within the survey area qualifying as a project area; and

    (iii)  any other information requested by the agency to determine whether an urban renewal project area is feasible; and

    (d)  is completed within one year after the adoption of the survey area resolution.

    • (2) 

    (a)  If a development impediment study is not completed within one year after the adoption of the resolution under Subsection 17C-2-101.5(1) designating a survey area, the agency may not approve an urban renewal project area plan based on that development impediment study unless the agency first adopts a new resolution under Subsection 17C-2-101.5(1).

    (b)  A new resolution under Subsection (2)(a) shall in all respects be considered to be a resolution under Subsection 17C-2-101.5(1) adopted for the first time, except that any actions taken toward completing a development impediment study under the resolution that the new resolution replaces shall be considered to have been taken under the new resolution.

    Amended by Chapter 376, 2019 General Session

      Previous section
    Next section  
     Part 3 Contents

    LawServer is used by

    New York Times, IRS, USDA, UCLA, DOT