(1) In order to adopt an economic development project area plan, after adopting a resolution under Subsection 17C-3-101.5(1) the agency shall:

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Terms Used In Utah Code 17C-3-102

  • 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
  • Economic development project area plan: means a project area plan adopted under Chapter 3, Part 1, Economic Development Project Area Plan. See Utah Code 17C-1-102
  • 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.
  • Municipality: means a cityor town. See Utah Code 17C-1-102
  • Plan hearing: means the public hearing on a proposed project area plan required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d) for a community development project area plan, or Subsection 17C-5-104(3)(e) for a community reinvestment project area plan. 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • Taxing entity: means a public entity that:
         (62)(a) levies a tax on property located within a project area; or
         (62)(b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
     (1)(a) prepare a proposed economic development project area plan and conduct any examination, investigation, and negotiation regarding the project area plan that the agency considers appropriate;
     (1)(b) make the proposed project area plan available to the public at the agency’s offices during normal business hours;
     (1)(c) provide notice of the plan hearing as provided in Chapter 1, Part 8, Hearing and Notice Requirements;
     (1)(d) hold a public hearing on the proposed project area plan and, at that public hearing:

          (1)(d)(i) allow public comment on:

               (1)(d)(i)(A) the proposed project area plan; and
               (1)(d)(i)(B) whether the proposed project area plan should be revised, approved, or rejected; and
          (1)(d)(ii) receive all written and hear all oral objections to the proposed project area plan;
     (1)(e) before holding the plan hearing, provide an opportunity for the State Board of Education and each taxing entity within the proposed project area to consult with the agency regarding the proposed project area plan;
     (1)(f) after holding the plan hearing, at the same meeting or at a subsequent meeting consider:

          (1)(f)(i) the oral and written objections to the proposed project area plan and evidence and testimony for or against adoption of the proposed project area plan; and
          (1)(f)(ii) whether to revise, approve, or reject the proposed project area plan;
     (1)(g) approve the proposed project area plan, with or without revisions, as the project area plan by a resolution that complies with Section 17C-3-105; and
     (1)(h) submit the project area plan to the community legislative body for adoption.
(2) An agency may not propose a project area plan under Subsection (1) unless the community in which the proposed project area is located:

     (2)(a) has a planning commission; and
     (2)(b) has adopted a general plan under:

          (2)(b)(i) if the community is a municipality, Title 10, Chapter 9a, Part 4, General Plan; or
          (2)(b)(ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
(3) A board may not approve a project area plan more than one year after the date of the plan hearing.
(4)

     (4)(a) Except as provided in Subsection (4)(b), a proposed project area plan may not be modified to add one or more parcels to the proposed project area unless the board holds a plan hearing to consider the addition and gives notice of the plan hearing as required under Chapter 1, Part 8, Hearing and Notice Requirements.
     (4)(b) The notice and hearing requirements under Subsection (4)(a) do not apply to a proposed project area plan being modified to add one or more parcels to the proposed project area if:

          (4)(b)(i) the parcel is contiguous to the parcels already included in the proposed project area under the proposed project area plan; and
          (4)(b)(ii) the record owner of the property consents to adding the parcel to the proposed project area.
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