17C-4-106.  Notice of community development project area plan adoption — Effective date of plan — Contesting the formation of the plan.

(1) 

Terms Used In Utah Code 17C-4-106

  • 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
  • Contest: means to file a written complaint in the district court of the county in which the agency is located. See Utah Code 17C-1-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means :Utah Code 68-3-12.5
  • 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
(a)  Upon the community legislative body‘s adoption of a community development project area plan, the community legislative body shall provide notice as provided in Subsection (1)(b) by publishing notice for the agency’s jurisdiction, as a class A notice under Section 63G-30-102, for at least 30 days.

(b)  Each notice under Subsection (1)(a) shall:

(i)  set forth the community legislative body’s ordinance adopting the community development project area plan or a summary of the ordinance; and

(ii)  include a statement that the project area plan is available for general public inspection and the hours for inspection.

(2)  The community development project area plan shall become effective at the end of the 30-day period described in Subsection (1)(a).

(3) 

(a)  For a period of 30 days after the effective date of the community development project area plan under Subsection (2), any person may contest the project area plan or the procedure used to adopt the project area plan if the plan or procedure fails to comply with applicable statutory requirements.

(b)  After the 30-day period under Subsection (3)(a) expires, a person may not contest the community development project area plan or procedure used to adopt the project area plan for any cause.

(4)  Upon adoption of the community development project area plan by the community legislative body, the agency may carry out the project area plan.

(5)  Each agency shall make the adopted project area plan available to the public at the agency’s office during normal business hours.

Amended by Chapter 435, 2023 General Session