17C-4-102.  Process for adopting a community development project area plan — Prerequisites — Restrictions.

(1)  In order to adopt a community development project area plan, after adopting a resolution under Subsection 17C-4-101.5(1) the agency shall:

Terms Used In Utah Code 17C-4-102

  • Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
  • Community: means a county or municipality. See Utah Code 17C-1-102
  • Community development project area plan: means a project area plan adopted under 1. 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
  • 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.
  • Municipality: means a city, town, or metro township as defined in Section 10-2a-403. 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a)  prepare a proposed community development project area plan and conduct any examination, investigation, and negotiation regarding the project area plan that the agency considers appropriate;

(b)  make the proposed project area plan available to the public at the agency’s offices during normal business hours;

(c)  provide notice of the plan hearing as described in 8;

(d)  hold a public hearing on the proposed project area plan and, at that public hearing:

(i)  allow public comment on:

(A)  the proposed project area plan; and

(B)  whether the proposed project area plan should be revised, approved, or rejected; and

(ii)  receive all written and hear all oral objections to the proposed project area plan;

(e)  after holding the plan hearing, at the same meeting or at one or more subsequent meetings consider:

(i)  the oral and written objections to the proposed project area plan and evidence and testimony for or against adoption of the proposed project area plan; and

(ii)  whether to revise, approve, or reject the proposed project area plan;

(f)  approve the proposed project area plan, with or without revisions, as the project area plan by a resolution that complies with Section 17C-4-104; and

(g)  submit the project area plan to the community legislative body for adoption.

(2)  An agency may not propose a community development 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)  Except as provided in Subsection (3)(b), a proposed project area plan may not be modified to add a parcel 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 8.

(b)  The notice and hearing requirements under Subsection (3)(a) do not apply to a proposed project area plan being modified to add a parcel to the proposed project area if:

(i)  the parcel is contiguous to one or more parcels already included in the proposed project area under the proposed project area plan; and

(ii)  the record owner of the property consents to adding the parcel to the proposed project area.

Amended by Chapter 350, 2016 General Session

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