63H-1-401.  Preparation of project area plan — Required contents of project area plan.

(1) 

Terms Used In Utah Code 63H-1-401

  • Authority: means the Military Installation Development Authority, created under Section 63H-1-201. See Utah Code 63H-1-102
  • Board: means the governing body of the authority created under Section 63H-1-301. See Utah Code 63H-1-102
  • Development: includes the demolition, construction, reconstruction, modification, expansion, maintenance, operation, or improvement of a building, facility, utility, landscape, parking lot, park, trail, or recreational amenity. See Utah Code 63H-1-102
  • Development project: means a project to develop land within a project area. See Utah Code 63H-1-102
  • Included municipality: means a municipality, some or all of which is included within a project area. See Utah Code 63H-1-102
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Military: includes , in relation to property, property that is occupied by the military and is owned by the government of the United States or the state. See Utah Code 63H-1-102
  • Military land: means land or a facility, including leased land or a leased facility, that is part of or affiliated with a base, camp, post, station, yard, center, or installation under the jurisdiction of the United States Department of Defense, the United States Department of Veterans Affairs, or the Utah National Guard. See Utah Code 63H-1-102
  • Project area: means the land, including military land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 63H-1-102
  • Project area plan: means a written plan that, after the plan's effective date, guides and controls the development within a project area. See Utah Code 63H-1-102
(a)  The authority board shall adopt a project area plan as provided in this part.

(b)  In order to adopt a project area plan, the authority board shall:

(i)  prepare a draft project area plan;

(ii)  give notice as required under Subsection 63H-1-402(2);

(iii)  hold at least one public meeting, as required under Subsection 63H-1-402(1); and

(iv)  after holding at least one public meeting and subject to Subsection (1)(c), adopt the draft project area plan as the project area plan.

(c)  Before adopting a draft project area plan as the project area plan, the authority board may make modifications to the draft project area plan that the board considers necessary or appropriate.

(d) 

(i)  A lease or development agreement that the authority enters before the creation of a project area shall provide that the board is not required to create a project area.

(ii)  An authority may not be required to pay any amount or incur any loss or penalty for the board’s failure to create a project area.

(2)  Each project area plan and draft project area plan shall contain:

(a)  a legal description of the boundary of the project area that is the subject of the project area plan;

(b)  the authority’s purposes and intent with respect to the project area; and

(c)  the board’s findings and determination that:

(i)  there is a need to effectuate a public purpose;

(ii)  there is a public benefit to the proposed development project;

(iii)  it is economically sound and feasible to adopt and carry out the project area plan; and

(iv)  carrying out the project area plan will promote the public peace, health, safety, and welfare of the community in which the project area is located.

(3) 

(a)  A project area described in a project area plan:

(i)  shall include military land; and

(ii)  may include public or private land, whether or not it is contiguous to military land, if:

(A)  the legislative body of the county in which the public or private land is located, if the public land or private land is located in an unincorporated county, passes a resolution consenting to the inclusion of the land in the project area;

(B)  the legislative body of an included municipality passes a resolution consenting to the inclusion of the land in the project area; and

(C)  the owner of the public or private land consents to the inclusion of the land in the project area.

(b) 

(i)  Consent provided under Subsection (3)(a)(ii)(A), (B), or (C) is irrevocable.

(ii)  The authority may rely on a consent provided under Subsection (3)(a)(ii)(A), (B), or (C) for long-term planning, contractual commitments, and issuing bonds or other indebtedness.

Amended by Chapter 463, 2022 General Session

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