17C-5-112. Amending a community reinvestment project area plan.
(1)
Except as provided in Section 17C-1-1002, an agency may amend a community reinvestment project area plan in accordance with this section.
Terms Used In Utah Code 17C-5-112
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Base year: means , except as provided in Subsection 17C-1-402(4)(c), the year during which the assessment roll is last equalized:
(a)
for a pre-July 1, 1993, urban renewal or economic development project area plan, before the project area plan's effective date;
(b)
for a post-June 30, 1993, urban renewal or economic development project area plan, or a community reinvestment project area plan that is subject to a taxing entity committee:
(i)
before the date on which the taxing entity committee approves the project area budget; or
(ii)
if taxing entity committee approval is not required for the project area budget, before the date on which the community legislative body adopts the project area plan;
(c)
for a project on an inactive airport site, after the later of:
(i)
the date on which the inactive airport site is sold for remediation and development; or
(ii)
the date on which the airport that operated on the inactive airport site ceased operations; or
(d)
for a community development project area plan or a community reinvestment project area plan that is subject to an interlocal agreement, as described in the interlocal agreement. 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
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
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
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 funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
Project area funds collection period: means the period of time that:
(a)
begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and
(b)
ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. 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
Tax increment: means the difference between:
(i)
the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
(ii)
the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. 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
Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102
(2)
(a)
If an amendment proposes to enlarge a community reinvestment project area’s geographic area, the agency shall:
(i)
comply with this part as though the agency were creating a community reinvestment project area;
(ii)
if the agency anticipates receiving project area funds from the area proposed to be added to the community reinvestment project area, before the agency may collect project area funds:
(A)
for a community reinvestment project area plan that is subject to a taxing entity committee, obtain approval to receive tax increment from the taxing entity committee; or
(B)
for a community reinvestment project area plan that is subject to an interlocal agreement, obtain the approval of the taxing entity that is a party to the interlocal agreement; and
(iii)
if the agency anticipates acquiring property in the area proposed to be added to the community reinvestment project area by eminent domain, follow the procedures described in Section 17C-5-402.
(b)
The base year for the area proposed to be added to the community reinvestment project area shall be determined using the date of:
(i)
the taxing entity committee’s consent as described in Subsection (2)(a)(ii)(A); or
(ii)
the taxing entity’s consent as described in Subsection (2)(a)(ii)(B).
(3)
If an amendment does not propose to enlarge a community reinvestment project area’s geographic area, the board may adopt a resolution approving the amendment after the agency:
(a)
if the amendment does not propose to allow the agency to receive a greater amount of project area funds or to extend a project area funds collection period:
(i)
gives notice in accordance with Section 17C-1-806; and
(ii)
holds a public hearing on the proposed amendment that meets the requirements described in Subsection 17C-5-104(3); or
(b)
if the amendment proposes to also allow the agency to receive a greater amount of project area funds or to extend a project area funds collection period:
(i)
complies with Subsections (3)(a)(i) and (ii); and
(ii)
(A)
for a community reinvestment project area plan that is subject to a taxing entity committee, obtains approval from the taxing entity committee; or
(B)
for a community reinvestment project area plan that is subject to an interlocal agreement, obtains approval to receive project area funds from the taxing entity that is a party to the interlocal agreement.
(4)
(a)
If a board has not made a determination under 4, but intends to use eminent domain within a community reinvestment project area, the agency may amend the community reinvestment project area plan in accordance with this Subsection (4).
(b)
To amend a community reinvestment project area plan as described in Subsection (4)(a), an agency shall:
(i)
adopt a survey area resolution that identifies each parcel that the agency intends to study to determine whether a development impediment exists;
(ii)
in accordance with 4, conduct a development impediment study within the survey area and make a development impediment determination; and
(iii)
obtain approval to amend the community reinvestment project area plan from each taxing entity that is a party to an interlocal agreement.
(c)
Amending a community reinvestment project area plan as described in this Subsection (4) does not affect:
(i)
the base year of the parcel or parcels that are the subject of an amendment under this Subsection (4); and
(ii)
any interlocal agreement under which the agency is authorized to receive project area funds from the community reinvestment project area.
(5)
An agency may amend a community reinvestment project area plan without obtaining the consent of a taxing entity or a taxing entity committee and without providing notice or holding a public hearing if the amendment:
(a)
makes a minor adjustment in the community reinvestment project area boundary that is requested by a county assessor or county auditor to avoid inconsistent property boundary lines; or
(b)
removes one or more parcels from a community reinvestment project area because the agency determines that each parcel is:
(i)
tax exempt;
(ii)
without a development impediment; or
(iii)
no longer necessary or desirable to the project area.
(6)
(a)
An amendment approved by board resolution under this section may not take effect until the community legislative body adopts an ordinance approving the amendment.
(b)
Upon the community legislative body adopting an ordinance approving an amendment under Subsection (6)(a), the agency shall comply with the requirements described in Sections 17C-5-110 and 17C-5-111 as if the amendment were a community reinvestment project area plan.
(7)
(a)
Within 30 days after the day on which an amendment to a project area plan becomes effective, a person may contest the amendment to the project area plan or the procedure used to adopt the amendment to the project area plan if the amendment or procedure fails to comply with a provision of this title.
(b)
After the 30-day period described in Subsection (7)(a) expires, a person may not contest the amendment to the project area plan or procedure used to adopt the amendment to the project area plan for any cause.
