17C-2-102 - Process for adopting urban renewal project area plan -- Prerequisites -- Restrictions.
17C-2-102. Process for adopting urban renewal project area plan -- Prerequisites --Restrictions.
(1) (a) In order to adopt an urban renewal project area plan, after adopting a resolutionunder Subsection 17C-2-101(1) the agency shall:
(i) unless a finding of blight is based on a finding made under Subsection17C-2-303(1)(b) relating to an inactive industrial site or inactive airport site:
(A) cause a blight study to be conducted within the survey area as provided in Section17C-2-301;
(B) provide notice of a blight hearing as required under Part 5, Urban Renewal NoticeRequirements; and
(C) hold a blight hearing as provided in Section 17C-2-302;
(ii) after the blight hearing has been held or, if no blight hearing is required underSubsection (1)(a)(i), after adopting a resolution under Subsection 17C-2-101(1), hold a boardmeeting at which the board shall:
(A) consider:
(I) the issue of blight and the evidence and information relating to the existence ornonexistence of blight; and
(II) whether adoption of one or more urban renewal project area plans should be pursued;and
(B) by resolution:
(I) make a finding regarding the existence of blight in the proposed urban renewal projectarea;
(II) select one or more project areas comprising part or all of the survey area; and
(III) authorize the preparation of a draft project area plan for each project area;
(iii) prepare a draft of a project area plan and conduct any examination, investigation,and negotiation regarding the project area plan that the agency considers appropriate;
(iv) make the draft project area plan available to the public at the agency's offices duringnormal business hours;
(v) provide notice of the plan hearing as provided in Sections 17C-2-502 and 17C-2-504;
(vi) hold a public hearing on the draft project area plan and, at that public hearing:
(A) allow public comment on:
(I) the draft project area plan; and
(II) whether the draft project area plan should be revised, approved, or rejected; and
(B) receive all written and hear all oral objections to the draft project area plan;
(vii) before holding the plan hearing, provide an opportunity for the State Board ofEducation and each taxing entity that levies a tax on property within the proposed project area toconsult with the agency regarding the draft project area plan;
(viii) if applicable, hold the election required under Subsection 17C-2-105(3);
(ix) after holding the plan hearing, at the same meeting or at a subsequent meetingconsider:
(A) the oral and written objections to the draft project area plan and evidence andtestimony for and against adoption of the draft project area plan; and
(B) whether to revise, approve, or reject the draft project area plan;
(x) approve the draft project area plan, with or without revisions, as the project area planby a resolution that complies with Section 17C-2-106; and
(xi) submit the project area plan to the community legislative body for adoption.
(b) (i) If an agency makes a finding under Subsection (1)(a)(ii)(B) that blight exists in theproposed urban renewal project area, the agency may not adopt the project area plan until thetaxing entity committee approves the finding of blight.
(ii) (A) A taxing entity committee may not disapprove an agency's finding of blightunless the committee demonstrates that the conditions the agency found to exist in the urbanrenewal project area that support the agency's finding of blight under Section 17C-2-303:
(I) do not exist; or
(II) do not constitute blight.
(B) (I) If the taxing entity committee questions or disputes the existence of some or all ofthe blight conditions that the agency found to exist in the urban renewal project area or that thoseconditions constitute blight, the taxing entity committee may hire a consultant, mutually agreedupon by the taxing entity committee and the agency, with the necessary expertise to assist thetaxing entity committee to make a determination as to the existence of the questioned or disputedblight conditions.
(II) The agency shall pay the fees and expenses of each consultant hired under Subsection(1)(b)(ii)(B)(I).
(III) The findings of a consultant under this Subsection (1)(b)(ii)(B) shall be binding onthe taxing entity committee and the agency.
(2) An agency may not propose a project area plan under Subsection (1) unless thecommunity in which the proposed project area is located:
(a) has a planning commission; and
(b) has adopted a general plan under:
(i) if the community is a city or town, Title 10, Chapter 9a, Part 4, General Plan; or
(ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
(3) (a) Subject to Subsection (3)(b), an agency board may not approve a project area planmore than one year after adoption of a resolution making a finding of blight under Subsection(1)(a)(ii)(B).
(b) If a project area plan is submitted to an election under Subsection 17C-2-105(3), thetime between the plan hearing and the date of the election does not count for purposes ofcalculating the year period under Subsection (3)(a).
(4) (a) Except as provided in Subsection (4)(b), a draft project area plan may not bemodified to add real property to the proposed project area unless the board holds a plan hearingto consider the addition and gives notice of the plan hearing as required under Sections17C-2-502 and 17C-2-504.
(b) The notice and hearing requirements under Subsection (4)(a) do not apply to a draftproject area plan being modified to add real property to the proposed project area if:
(i) the property is contiguous to the property already included in the proposed projectarea under the draft project area plan;
(ii) the record owner of the property consents to adding the real property to the proposedproject area; and
(iii) the property is located within the survey area.
Amended by Chapter 125, 2008 General Session