Terms Used In Utah Code > Title 17C > Chapter 4 - Community Development

• 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.
• Amendment: means a request for an insignificant change to a notice of intention, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 40-8-4
• Applicant: means a person who has filed a notice of intent to commence mining operations, or who has applied to the board for a review of a notice or order. See Utah Code 40-8-4
• Approved notice of intention: means a formally filed notice of intention to commence mining operations, including revisions or amendments to the notice of intention that is approved under Section 40-8-13. See Utah Code 40-8-4
• Assessment roll: means the same as that term is defined in Section 59-2-102. See Utah Code 17C-1-102
• Base taxable value: means , unless otherwise adjusted in accordance with provisions of this title, a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17C-1-102
• Base year: means , except as provided in Subsection 17C-1-402(4)(c), the year during which the assessment roll is last equalized:
       (9)(a) for a pre-July 1, 1993, urban renewal or economic development project area plan, before the project area plan's effective date;
       (9)(b) for a post-June 30, 1993, urban renewal or economic development project area plan, or a community reinvestment project area plan that is subject to a taxing entity committee:

            (9)(b)(i) before the date on which the taxing entity committee approves the project area budget; or

            (9)(b)(ii) if taxing entity committee approval is not required for the project area budget, before the date on which the community legislative body adopts the project area plan;
       (9)(c) for a project on an inactive airport site, after the later of:

            (9)(c)(i) the date on which the inactive airport site is sold for remediation and development; or

            (9)(c)(ii) the date on which the airport that operated on the inactive airport site ceased operations; or
       (9)(d) for a community development project area plan or a community reinvestment project area plan that is subject to an interlocal agreement, as described in the interlocal agreement. See Utah Code 17C-1-102
• Basic levy: means the portion of a school district's tax levy constituting the minimum basic levy under Section 59-2-902. See Utah Code 17C-1-102
• Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
• Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-8-4
• Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
• Building: means a structure used or intended for supporting or sheltering any use or occupancy and any improvements attached to it. See Utah Code 15A-1-202
• Code: means :
       (5)(a) the State Construction Code; or
       (5)(b) an approved code. See Utah Code 15A-1-202
• Community: means a county or municipality. See Utah Code 17C-1-102
• Community development project area plan: means a project area plan adopted under Chapter 4, Part 1, Community Development Project Area Plan. See Utah Code 17C-1-102
• Community legislative body: means the legislative body of the community that created the agency. See Utah Code 17C-1-102
• Compliance agency: means :
       (7)(a) an agency of the state or any of its political subdivisions which issues permits for construction regulated under the codes;
       (7)(b) any other agency of the state or its political subdivisions specifically empowered to enforce compliance with the codes;
       (7)(c) a third-party inspection firm as defined in Section 15A-1-105; or
       (7)(d) any other state agency which chooses to enforce codes adopted under this chapter by authority given the agency under a title other than this part and Part 3, Factory Built Housing and Modular Units Administration Act. See Utah Code 15A-1-202
• Contest: means to file a written complaint in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, and in a county in which the agency is located if the action is filed in the district court. See Utah Code 17C-1-102
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Development: means the work performed in relation to a deposit following the deposit's discovery but before and in contemplation of production mining operations, aimed at preparing the site for mining operations, defining further the ore deposit by drilling or other means, conducting pilot plant operations, constructing roads or ancillary facilities, and other related activities. See Utah Code 40-8-4
• Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-8-4
• Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
       (2)(a) Part 4, State Fire Code Administration Act; and
       (2)(b) Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
• Donor: The person who makes a gift.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Exploration: includes :
            (13)(b)(i) sinking shafts;
            (13)(b)(ii) tunneling;
            (13)(b)(iii) drilling holes and digging pits or cuts;
            (13)(b)(iv) building of roads, and other access ways; and
            (13)(b)(v) constructing and operating other facilities related to the activities described in this Subsection (13)(b). See Utah Code 40-8-4
• Hearing: means a formal adjudicative proceeding conducted by the board under the board's procedural rules. See Utah Code 40-8-4
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Land affected: means the surface and subsurface of an area within the state where mining operations are being or will be conducted, including:
            (17)(a)(i) on-site private ways, roads, and railroads;
            (17)(a)(ii) land excavations;
            (17)(a)(iii) exploration sites;
            (17)(a)(iv) drill sites or workings;
            (17)(a)(v) refuse banks or spoil piles;
            (17)(a)(vi) evaporation or settling ponds;
            (17)(a)(vii) stockpiles;
            (17)(a)(viii) leaching dumps;
            (17)(a)(ix) placer areas;
            (17)(a)(x) tailings ponds or dumps; and
            (17)(a)(xi) work, parking, storage, or waste discharge areas, structures, and facilities. See Utah Code 40-8-4
• Large mining operation: means a mining operation that is not a small mining operation and, for purposes of filing a notice of intention, does not include an exploration mining operation. See Utah Code 40-8-4
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• mineral deposit: means an accumulation of mineral matter in the form of consolidated rock, unconsolidated material, solutions, or occurring on the surface, beneath the surface, or in the waters of the land from which any product useful to man may be produced, extracted, or obtained or which is extracted by underground mining methods for underground storage. See Utah Code 40-8-4
• Mining operation: means activities conducted on the surface of the land for the exploration for, development of, or extraction of a mineral deposit, including surface mining and the surface effects of underground and in situ mining, on-site transportation, concentrating, milling, evaporation, and other primary processing. See Utah Code 40-8-4
• Municipality: means a cityor town. See Utah Code 17C-1-102
• Notice: means :
       (20)(a) notice of intention, as defined in this chapter; or
       (20)(b) written information given to an operator by the division describing compliance conditions at a mining operation. See Utah Code 40-8-4
• Notice of intention: means a notice to commence mining operations, including revisions to the notice. See Utah Code 40-8-4
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mining operation or proposed mining operation. See Utah Code 40-8-4
• Order: means written information provided by the division or board to an operator or other parties, describing the compliance status of a permit or mining operation. See Utah Code 40-8-4
• Participant: means one or more persons that enter into a participation agreement with an agency. See Utah Code 17C-1-102
• Permit: means a permit order. See Utah Code 40-8-4
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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 budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:
       (47)(a) for an urban renewal project area, Section 17C-2-201;
       (47)(b) for an economic development project area, Section 17C-3-201;
       (47)(c) for a community development project area, Section 17C-4-204; or
       (47)(d) for a community reinvestment project area, Section 17C-5-302. See Utah Code 17C-1-102
• Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
       (48)(a) promoting, creating, or retaining public or private jobs within the state or a community;
       (48)(b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
       (48)(c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
       (48)(d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
       (48)(e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
       (48)(f) providing open space, including streets or other public grounds or space around buildings;
       (48)(g) providing public or private buildings, infrastructure, structures, or improvements;
       (48)(h) relocating a business;
       (48)(i) improving public or private recreation areas or other public grounds;
       (48)(j) eliminating a development impediment or the causes of a development impediment;
       (48)(k) redevelopment as defined under the law in effect before May 1, 2006; or
       (48)(l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
• Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
• Project area funds collection period: means the period of time that:
       (50)(a) begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and
       (50)(b) ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. 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
• Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Reclamation: means actions performed during or after mining operations to shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable ecological condition and use that is consistent with local environmental conditions. See Utah Code 40-8-4
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Revision: means a request for a change to a notice of intention that is not an amendment to a notice of intention. See Utah Code 40-8-4
• Sales and use tax revenue: means revenue that is:
       (56)(a) generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act; and
       (56)(b) distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205. See Utah Code 17C-1-102
• Small mining operations: means mining operations that disturb or will disturb 20 or less surface acres at any given time in an unincorporated area of a county or 10 or less surface acres at any given time in an incorporated area of a county. See Utah Code 40-8-4
• 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
• State Construction Code: means the State Construction Code adopted by:
       (3)(a) Chapter 2, Adoption of State Construction Code;
       (3)(b) Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code;
       (3)(c) Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code;
       (3)(d) Chapter 4, Local Amendments Incorporated as Part of State Construction Code; and
       (3)(e) Chapter 6, Additional Construction Requirements. See Utah Code 15A-1-102
• State Fire Code: means the State Fire Code adopted by Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
• Statute: A law passed by a legislature.
• 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 Section 59-2-924. See Utah Code 17C-1-102
• Taxable value: means :
       (60)(a) the taxable value of all real property a county assessor assesses in accordance with Title 59, Chapter 2, Part 3, County Assessment, for the current year;
       (60)(b) the taxable value of all real and personal property the commission assesses in accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and
       (60)(c) the year end taxable value of all personal property a county assessor assesses in accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's tax rolls of the taxing entity. 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
• Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-1-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5