63H-1-403.  Notice of project area plan adoption — Effective date of plan — Contesting the formation of the plan.

(1)  Upon the effective date of a project area plan, the board shall provide notice as provided in Subsection (1)(b) by publishing or causing to be published legal notice:

Terms Used In Utah Code 63H-1-403

  • 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.
  • 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
  • Person: means :Utah Code 68-3-12.5
  • 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
  • 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
(a)  in a newspaper of general circulation within or near the project area; and

(b)  as required by Section 45-1-101.

(2) 

(a)  Each notice under Subsection (1) shall include:

(i)  the board resolution adopting the project area plan or a summary of the resolution;

(ii)  a statement that the project area plan is available for general public inspection as provided in Subsection (4); and

(iii)  an email address to which a person may send an email requesting an electronic copy of the project area plan.

(b)  The statement required under Subsection (2)(a)(ii) may be included in the board resolution or summary described in Subsection (2)(a)(i).

(3)  The project area plan becomes effective on the date designated in the board resolution adopting the project area plan.

(4)  The authority shall make the adopted project area plan available to the general public by:

(a)  providing an electronic link to the project area plan on the authority’s website, if the authority has a website; and

(b)  sending an email free of charge with an electronic copy of the project area plan to any person who submits an email to the authority at an email address identified in the notice under Subsection (2).

(5)  Within 10 days after the effective date of a project area plan that establishes a project area, or after an amendment to a project area plan is adopted under which the boundary of a project area is modified, the authority shall send notice of the establishment or modification of the project area and an accurate map or plat of the project area to:

(a)  the State Tax Commission;

(b)  the Utah Geospatial Resource Center created in Section 63A-16-505; and

(c)  the assessor and recorder of each county where the project area is located.

(6) 

(a)  A legal action or other challenge to a project area plan or a project area described in a project area plan is barred unless brought within 30 days after the effective date of the project area plan.

(b)  For a project area created before December 1, 2018, a legal action or other challenge is barred.

(c)  For a project area created after December 1, 2018, and before May 14, 2019, a legal action or other challenge is barred after July 1, 2019.

Amended by Chapter 162, 2021 General Session
Amended by Chapter 345, 2021 General Session
Amended by Chapter 414, 2021 General Session