Utah Code 17C-5-103. Initiating a community reinvestment project area plan

17C-5-103. Initiating a community reinvestment project area plan.

(1)

Subject to Subsection (2), a board shall initiate the process of adopting a community reinvestment project area plan by adopting a survey area resolution that:

Terms Used In Utah Code 17C-5-103

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 reinvestment project area plan: means a project area plan adopted under 1. 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
Process: means a writ or summons issued in the course of a judicial proceeding. See 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 development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:

(a)	promoting, creating, or retaining public or private jobs within the state or a community;

(b)	providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;

(c)	planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;

(d)	providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;

(e)	altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;

(f)	providing open space, including streets or other public grounds or space around buildings;

(g)	providing public or private buildings, infrastructure, structures, or improvements;

(h)	relocating a business;

(i)	improving public or private recreation areas or other public grounds;

(j)	eliminating a development impediment or the causes of a development impediment;

(k)	redevelopment as defined under the law in effect before May 1, 2006; or

(l)

any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. 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

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
(a)	designates a geographic area located within the agency’s boundaries as a survey area;

(b)	contains a description or map of the boundaries of the survey area;

(c)	contains a statement that the survey area requires study to determine whether project area development is feasible within one or more proposed community reinvestment project areas within the survey area; and

(d)

authorizes the agency to:

(i)	prepare a proposed community reinvestment project area plan for each proposed community reinvestment project area; and

(ii)	conduct any examination, investigation, or negotiation regarding the proposed community reinvestment project area that the agency considers appropriate.

(2)

If an agency anticipates using eminent domain to acquire property within the survey area, the resolution described in Subsection (1) shall include:

(a)	a statement that the survey area requires study to determine whether a development impediment exists within the survey area; and

(b)	authorization for the agency to conduct a development impediment study in accordance with Section 17C-5-403.

Amended by Chapter 376, 2019 General Session

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