17C-5-403. Development impediment study — Requirements — Deadline.
(1)
An agency shall ensure that a development impediment study:
Terms Used In Utah Code 17C-5-403
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.
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
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
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
Survey area resolution: means a resolution adopted by a board that designates a survey area. See Utah Code 17C-1-102
(a)
undertakes a parcel by parcel survey of the survey area;
(b)
provides data so the board may determine:
(i)
whether the conditions described in Section 17C-5-405:
(A)
exist in part or all of the survey area; and
(B)
meet the qualifications for a development impediment determination in all or part of the survey area; and
(ii)
whether the survey area contains all or part of a superfund site;
(c)
includes a written report that states:
(i)
the conclusions reached;
(ii)
any area within the survey area that meets the statutory criteria of a development impediment under Section 17C-5-405; and
(iii)
any other information requested by the agency to determine whether a development impediment exists within the survey area; and
(d)
is completed within one year after the day on which the survey area resolution is adopted.
(2)
(a)
If a development impediment study is not completed within the time described in Subsection (1)(d), the agency may not approve a community reinvestment project area plan or an amendment to a community reinvestment project area plan under Subsection 17C-5-112(4) based on a development impediment study unless the agency first adopts a new resolution under Subsection 17C-5-103(1).
(b)
A new resolution described in Subsection (2)(a) shall in all respects be considered to be a resolution under Subsection 17C-5-103(1) adopted for the first time, except that any actions taken toward completing a development impediment study under the resolution that the new resolution replaces shall be considered to have been taken under the new resolution.
(3)
(a)
For the purpose of making a development impediment determination under Subsection 17C-5-402(2)(c)(ii), a development impediment study is valid for one year from the day on which the development impediment study is completed.
(b)
(i)
Except as provided in Subsection (3)(b)(ii), an agency that makes a development impediment determination under a valid development impediment study and subsequently adopts a community reinvestment project area plan in accordance with Section 17C-5-104 may amend the community reinvestment project area plan without conducting a new development impediment study.
(ii)
An agency shall conduct a supplemental development impediment study for the area proposed to be added to the community reinvestment project area if the agency proposes an amendment to a community reinvestment project area plan that:
(A)
increases the community reinvestment project area’s geographic boundary and the area proposed to be added was not included in the original development impediment study; and
(B)
provides for the use of eminent domain within the area proposed to be added to the community reinvestment project area.
