63N-2-204.  Criteria for designation of enterprise zones — Application.

(1)  A county applicant seeking designation as an enterprise zone shall file an application with the office that, in addition to complying with the other requirements of this part:

Terms Used In Utah Code 63N-2-204

  • County applicant: means the governing authority of a county that meets the requirements for designation as an enterprise zone under Section 63N-2-204. See Utah Code 63N-2-202
  • 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.
  • Municipal applicant: means the governing authority of a city or town that meets the requirements for designation as an enterprise zone under Section 63N-2-204. See Utah Code 63N-2-202
(a)  verifies that the county has a population of not more than 70,000; and

(b)  provides clear evidence of the need for development in the county.

(2)  A municipal applicant seeking designation as an enterprise zone shall file an application with the office that, in addition to complying with other requirements of this part:

(a)  verifies that the municipality has a population that does not exceed 20,000;

(b)  verifies that the municipality is within a county that has a population of not more than 70,000; and

(c)  provides clear evidence of the need for development in the municipality.

(3)  An application filed under Subsection (1) or (2) shall be in a form and in accordance with procedures approved by the office, and shall include the following information:

(a)  a plan developed by the county applicant or municipal applicant that identifies local contributions meeting the requirements of Section 63N-2-205;

(b)  the county applicant or municipal applicant has a development plan that outlines:

(i)  the types of investment and development within the zone that the county applicant or municipal applicant expects to take place if the incentives specified in this part are provided;

(ii)  the specific investment or development reasonably expected to take place;

(iii)  any commitments obtained from businesses;

(iv)  the projected number of jobs that will be created and the anticipated wage level of those jobs;

(v)  any proposed emphasis on the type of jobs created, including any affirmative action plans; and

(vi)  a copy of the county applicant’s or municipal applicant’s economic development plan to demonstrate coordination between the zone and overall county or municipal goals;

(c)  the county applicant’s or municipal applicant’s proposed means of assessing the effectiveness of the development plan or other programs within the zone once they have been implemented within the zone;

(d)  any additional information required by the office; and

(e)  any additional information the county applicant or municipal applicant considers relevant to its designation as an enterprise zone.

(4)  On or after January 1, 2021, no new enterprise zones shall be designated.

Amended by Chapter 360, 2020 General Session