17C-5-104.  Process for adopting a community reinvestment project area plan — Prerequisites — Restrictions.

(1)  An agency may not propose a community reinvestment project area plan unless the community in which the proposed community reinvestment project area plan is located:

Terms Used In Utah Code 17C-5-104

  • 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 legislative body: means the legislative body of the community that created the agency. 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
  • 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. 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
  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
    • (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.

    • (2) 

    (a)  Before an agency may adopt a proposed community reinvestment project area plan, the agency shall conduct a development impediment study and make a development impediment determination in accordance with 4, if the agency anticipates using eminent domain to acquire property within the proposed community reinvestment project area.

    (b)  If applicable, an agency may not approve a community reinvestment project area plan more than one year after the agency adopts a resolution making a development impediment determination under Section 17C-5-402.

    (3)  To adopt a community reinvestment project area plan, an agency shall:

    (a)  prepare a proposed community reinvestment project area plan in accordance with Section 17C-5-105;

    (b)  make the proposed community reinvestment project area plan available to the public at the agency’s office during normal business hours for at least 30 days before the plan hearing described in Subsection (3)(e);

    (c)  before holding the plan hearing described in Subsection (3)(e), provide an opportunity for the State Board of Education and each taxing entity that levies or imposes a tax within the proposed community reinvestment project area to consult with the agency regarding the proposed community reinvestment project area plan;

    (d)  provide notice of the plan hearing in accordance with 8;

    (e)  hold a plan hearing on the proposed community reinvestment project area plan and, at the plan hearing:

    (i)  allow public comment on:

    (A)  the proposed community reinvestment project area plan; and

    (B)  whether the agency should revise, approve, or reject the proposed community reinvestment project area plan; and

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

    (f)  following the plan hearing described in Subsection (3)(e), or at a subsequent agency meeting:

    (i)  consider:

    (A)  the oral and written objections to the proposed community reinvestment project area plan and evidence and testimony for and against adoption of the proposed community reinvestment project area plan; and

    (B)  whether to revise, approve, or reject the proposed community reinvestment project area plan;

    (ii)  adopt a resolution in accordance with Section 17C-5-108 that approves the proposed community reinvestment project area plan, with or without revisions, as the community reinvestment project area plan; and

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

    (4) 

    (a)  Except as provided in Subsection (4)(b), an agency may not modify a proposed community reinvestment project area plan to add one or more parcels to the proposed community reinvestment project area unless the agency holds a plan hearing to consider the addition and gives notice of the plan hearing in accordance with 8.

    (b)  The notice and hearing requirements described in Subsection (4)(a) do not apply to a proposed community reinvestment project area plan being modified to add one or more parcels to the proposed community reinvestment project area if:

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

    (ii)  the record owner of each parcel consents to adding the parcel to the proposed community reinvestment project area; and

    (iii)  each parcel is located within the survey area.

    Amended by Chapter 376, 2019 General Session

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