Utah Code 17C-5-113. Expedited community reinvestment project area plan — Hearing and notice requirements
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 17C-5-113
- Community: means a county or municipality. See Utah Code 17C-1-102
- Community reinvestment project area plan: means a project area plan adopted under Chapter 5, Part 1, 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
- Tax increment: means the difference between:(61)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section
59-2-924 ; and(61)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section59-2-924 . See Utah Code 17C-1-102- 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(1)(a) “Qualified business entity” means a business entity that:(1)(a)(i) has a primary market for the qualified business entity’s goods or services outside of the state; and(1)(a)(ii) is not primarily engaged in retail sales.(1)(b) “Tax increment incentive” means the portion of an agency’s tax increment that is paid to a qualified business entity for the purpose of implementing a community reinvestment project area plan.(2) An agency and a qualified business entity may, in accordance with Subsection (3), enter into an agreement that allows the qualified business entity to receive a tax increment incentive.(3) An agreement described in Subsection (2) shall set annual postperformance targets for:(3)(a) capital investment within the community reinvestment project area;(3)(b) the number of new jobs created within the community reinvestment project area;(3)(c) the average wage of the jobs described in Subsection (3)(b) that is at least 110% of the prevailing wage of the county within which the community reinvestment project area is located; and(3)(d) the amount of local vendor opportunity generated by the qualified business entity.(4) A qualified business entity may only receive a tax increment incentive:(4)(a) if the qualified business entity complies with the agreement described in Subsection (3);(4)(b) on a postperformance basis; and(4)(c) on an annual basis after the agency receives tax increment from a taxing entity.(5) An agency may create or amend a community reinvestment project area plan for the purpose of providing a tax increment incentive without complying with the requirements described in Chapter 1, Part 8, Hearing and Notice Requirements, if:(5)(a) the agency:(5)(a)(i) holds a public hearing to consider the need to create or amend a community reinvestment project area plan on an expedited basis;(5)(a)(ii) publishes notice for the community, as a class A notice under Section 63G-30-102, for at least 14 days before the day on which the public hearing described in Subsection (5)(a)(i) is held; and(5)(a)(iii) at the hearing described in Subsection (5)(a)(i), adopts a resolution to create or amend the community reinvestment project area plan on an expedited basis;(5)(b) all record property owners within the existing or proposed community reinvestment project area plan give written consent; and(5)(c) each taxing entity affected by the tax increment incentive consents and enters into an interlocal agreement with the agency authorizing the agency to pay a tax increment incentive to the qualified business entity. - Taxing entity: means a public entity that: