Utah Code 17C-5-405. Conditions on a development impediment determination — Conditions of a development impediment caused by a participant
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(1) A board may not make a development impediment determination in a resolution under Subsection 17C-5-402(2)(c)(ii) unless the board finds that:
Terms Used In Utah Code 17C-5-405
- Board: means the governing body of an agency, as described in Section
17C-1-203 . See Utah Code 17C-1-102 - Community: means a county or municipality. 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 Section17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102 - Hazardous waste: means any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment, under state or federal law or regulation. See Utah Code 17C-1-102
- Inactive airport site: includes a perimeter of up to 2,500 feet around the land described in Subsection (30)(a). See Utah Code 17C-1-102
- Inactive industrial site: includes a perimeter of up to 1,500 feet around the land described in Subsection (31)(a). See Utah Code 17C-1-102
- Municipality: means a cityor town. See Utah Code 17C-1-102
- Participant: means one or more persons that enter into a participation agreement with an agency. 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
- 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
- Survey area: means a geographic area designated for study by a survey area resolution to determine whether:(58)(a) one or more project areas within the survey area are feasible; or(58)(b) a development impediment exists within the survey area. See Utah Code 17C-1-102(1)(a)(1)(a)(i) the survey area consists predominantly of nongreenfield parcels;(1)(a)(ii) the survey area is currently zoned for urban purposes and generally served by utilities;(1)(a)(iii) at least 50% of the parcels within the survey area contain nonagricultural or nonaccessory buildings or improvements used or intended for residential, commercial, industrial, or other urban purposes;(1)(a)(iv) the present condition or use of the survey area substantially impairs the sound growth of the community, delays the provision of housing accommodations, constitutes an economic liability, or is detrimental to the public health, safety, or welfare, as shown by the existence within the survey area of at least four of the following factors:(1)(a)(iv)(A) although sometimes interspersed with well maintained buildings and infrastructure, substantial physical dilapidation, deterioration, or defective construction of buildings or infrastructure, or significant noncompliance with current building code, safety code, health code, or fire code requirements or local ordinances;(1)(a)(iv)(B) unsanitary or unsafe conditions in the survey area that threaten the health, safety, or welfare of the community;(1)(a)(iv)(C) environmental hazards, as defined in state or federal law, which require remediation as a condition for current or future use and development;(1)(a)(iv)(D) excessive vacancy, abandoned buildings, or vacant lots within an area zoned for urban use and served by utilities;(1)(a)(iv)(E) abandoned or outdated facilities that pose a threat to public health, safety, or welfare;(1)(a)(iv)(F) criminal activity in the survey area, higher than that of comparable areas in the municipality or county that are without a development impediment; and(1)(a)(iv)(G) defective or unusual conditions of title rendering the title nonmarketable; and(1)(a)(v)(1)(a)(v)(A) at least 50% of the privately owned parcels within the survey area are affected by at least one of the factors, but not necessarily the same factor, listed in Subsection (1)(a)(iv); and(1)(a)(v)(B) the affected parcels comprise at least 66% of the privately owned acreage within the survey area; or(1)(b) the survey area includes some or all of:(1)(b)(i) a superfund site;(1)(b)(ii) a site used for the disposal of solid waste or hazardous waste, as those terms are defined in Section 19-6-102;(1)(b)(iii) an inactive industrial site; or(1)(b)(iv) an inactive airport site.
(2) A single parcel comprising 10% or more of the acreage within the survey area may not be counted as satisfying the requirement described in Subsection (1)(a)(iii) or (iv) unless at least 50% of the area of the parcel is occupied by buildings or improvements.
(3)
(3)(a) Except as provided in Subsection (3)(b), for purposes of Subsection (1), if a participant or proposed participant involved in the project area development has caused a condition listed in Subsection (1)(a)(iv) within the survey area, that condition may not be used in the determination of a development impediment.
(3)(b) Subsection (3)(a) does not apply to a condition that was caused by an owner or tenant who later becomes a participant.