LegalFix

Section 104 - Process for adopting a community reinvestment project area plan -- Prerequisites -- Restrictions.

UT Code § 17C-5-104 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) An agency may not propose a community reinvestment project area plan unless the community in which the proposed community reinvestment project area plan is located: (a) has a planning commission; and (b) has adopted a general plan under: (i) if the community is a municipality, Title 10, Chapter 9a, Part 4, General Plan; or (ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.

(a) has a planning commission; and

(b) has adopted a general plan under: (i) if the community is a municipality, Title 10, Chapter 9a, Part 4, General Plan; or (ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.

(i) if the community is a municipality, Title 10, Chapter 9a, Part 4, General Plan; or

(ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.

(2) (a) Before an agency may adopt a proposed community reinvestment project area plan, the agency shall conduct a development impediment study and make a development impediment determination in accordance with Part 4, Development Impediment Determination in a Community Reinvestment Project Area, if the agency anticipates using eminent domain to acquire property within the proposed community reinvestment project area. (b) If applicable, an agency may not approve a community reinvestment project area plan more than one year after the agency adopts a resolution making a development impediment determination under Section 17C-5-402.

(a) Before an agency may adopt a proposed community reinvestment project area plan, the agency shall conduct a development impediment study and make a development impediment determination in accordance with Part 4, Development Impediment Determination in a Community Reinvestment Project Area, if the agency anticipates using eminent domain to acquire property within the proposed community reinvestment project area.

(b) If applicable, an agency may not approve a community reinvestment project area plan more than one year after the agency adopts a resolution making a development impediment determination under Section 17C-5-402.

(3) To adopt a community reinvestment project area plan, an agency shall: (a) prepare a proposed community reinvestment project area plan in accordance with Section 17C-5-105; (b) make the proposed community reinvestment project area plan available to the public at the agency's office during normal business hours for at least 30 days before the plan hearing described in Subsection (3)(e); (c) before holding the plan hearing described in Subsection (3)(e), provide an opportunity for the State Board of Education and each taxing entity that levies or imposes a tax within the proposed community reinvestment project area to consult with the agency regarding the proposed community reinvestment project area plan; (d) provide notice of the plan hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements; (e) hold a plan hearing on the proposed community reinvestment project area plan and, at the plan hearing: (i) allow public comment on: (A) the proposed community reinvestment project area plan; and (B) whether the agency should revise, approve, or reject the proposed community reinvestment project area plan; and (ii) receive all written and oral objections to the proposed community reinvestment project area plan; and (f) following the plan hearing described in Subsection (3)(e), or at a subsequent agency meeting: (i) consider: (A) the oral and written objections to the proposed community reinvestment project area plan and evidence and testimony for and against adoption of the proposed community reinvestment project area plan; and (B) whether to revise, approve, or reject the proposed community reinvestment project area plan; (ii) adopt a resolution in accordance with Section 17C-5-108 that approves the proposed community reinvestment project area plan, with or without revisions, as the community reinvestment project area plan; and (iii) submit the community reinvestment project area plan to the community legislative body for adoption.

(a) prepare a proposed community reinvestment project area plan in accordance with Section 17C-5-105;

(b) make the proposed community reinvestment project area plan available to the public at the agency's office during normal business hours for at least 30 days before the plan hearing described in Subsection (3)(e);

(c) before holding the plan hearing described in Subsection (3)(e), provide an opportunity for the State Board of Education and each taxing entity that levies or imposes a tax within the proposed community reinvestment project area to consult with the agency regarding the proposed community reinvestment project area plan;

(d) provide notice of the plan hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements;

(e) hold a plan hearing on the proposed community reinvestment project area plan and, at the plan hearing: (i) allow public comment on: (A) the proposed community reinvestment project area plan; and (B) whether the agency should revise, approve, or reject the proposed community reinvestment project area plan; and (ii) receive all written and oral objections to the proposed community reinvestment project area plan; and

(i) allow public comment on: (A) the proposed community reinvestment project area plan; and (B) whether the agency should revise, approve, or reject the proposed community reinvestment project area plan; and

(A) the proposed community reinvestment project area plan; and

(B) whether the agency should revise, approve, or reject the proposed community reinvestment project area plan; and

(ii) receive all written and oral objections to the proposed community reinvestment project area plan; and

(f) following the plan hearing described in Subsection (3)(e), or at a subsequent agency meeting: (i) consider: (A) the oral and written objections to the proposed community reinvestment project area plan and evidence and testimony for and against adoption of the proposed community reinvestment project area plan; and (B) whether to revise, approve, or reject the proposed community reinvestment project area plan; (ii) adopt a resolution in accordance with Section 17C-5-108 that approves the proposed community reinvestment project area plan, with or without revisions, as the community reinvestment project area plan; and (iii) submit the community reinvestment project area plan to the community legislative body for adoption.

(i) consider: (A) the oral and written objections to the proposed community reinvestment project area plan and evidence and testimony for and against adoption of the proposed community reinvestment project area plan; and (B) whether to revise, approve, or reject the proposed community reinvestment project area plan;

(A) the oral and written objections to the proposed community reinvestment project area plan and evidence and testimony for and against adoption of the proposed community reinvestment project area plan; and

(B) whether to revise, approve, or reject the proposed community reinvestment project area plan;

(ii) adopt a resolution in accordance with Section 17C-5-108 that approves the proposed community reinvestment project area plan, with or without revisions, as the community reinvestment project area plan; and

(iii) submit the community reinvestment project area plan to the community legislative body for adoption.

(4) (a) Except as provided in Subsection (4)(b), an agency may not modify a proposed community reinvestment project area plan to add one or more parcels to the proposed community reinvestment project area unless the agency holds a plan hearing to consider the addition and gives notice of the plan hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements. (b) The notice and hearing requirements described in Subsection (4)(a) do not apply to a proposed community reinvestment project area plan being modified to add one or more parcels to the proposed community reinvestment project area if: (i) each parcel is contiguous to one or more parcels already included in the proposed community reinvestment project area under the proposed community reinvestment project area plan; (ii) the record owner of each parcel consents to adding the parcel to the proposed community reinvestment project area; and (iii) each parcel is located within the survey area.

(a) Except as provided in Subsection (4)(b), an agency may not modify a proposed community reinvestment project area plan to add one or more parcels to the proposed community reinvestment project area unless the agency holds a plan hearing to consider the addition and gives notice of the plan hearing in accordance with Chapter 1, Part 8, Hearing and Notice Requirements.

(b) The notice and hearing requirements described in Subsection (4)(a) do not apply to a proposed community reinvestment project area plan being modified to add one or more parcels to the proposed community reinvestment project area if: (i) each parcel is contiguous to one or more parcels already included in the proposed community reinvestment project area under the proposed community reinvestment project area plan; (ii) the record owner of each parcel consents to adding the parcel to the proposed community reinvestment project area; and (iii) each parcel is located within the survey area.

(i) each parcel is contiguous to one or more parcels already included in the proposed community reinvestment project area under the proposed community reinvestment project area plan;

(ii) the record owner of each parcel consents to adding the parcel to the proposed community reinvestment project area; and

(iii) each parcel is located within the survey area.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.