Terms Used In Utah Code > Title 17C > Chapter 4 > Part 1 - Community Development Project Area Plan

• 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
• Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-8-4
• 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
• 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
• 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
• 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
• 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
• 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 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 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
• 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
• 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
• 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
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.