17C-3-102 - Process for adopting an economic development project area plan -- Prerequisites -- Restrictions.
17C-3-102. Process for adopting an economic development project area plan --Prerequisites -- Restrictions.
(1) In order to adopt an economic development project area plan, after adopting aresolution under Subsection 17C-3-101(1) the agency shall:
(a) prepare a draft of an economic development project area plan and conduct anyexamination, investigation, and negotiation regarding the project area plan that the agencyconsiders appropriate;
(b) make the draft project area plan available to the public at the agency's offices duringnormal business hours;
(c) provide notice of the plan hearing as provided in Part 4, Economic DevelopmentNotice Requirements;
(d) hold a public hearing on the draft project area plan and, at that public hearing:
(i) allow public comment on:
(A) the draft project area plan; and
(B) whether the draft project area plan should be revised, approved, or rejected; and
(ii) receive all written and hear all oral objections to the draft project area plan;
(e) 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;
(f) after holding the plan hearing, at the same meeting or at a subsequent meetingconsider:
(i) the oral and written objections to the draft project area plan and evidence andtestimony for or against adoption of the draft project area plan; and
(ii) whether to revise, approve, or reject the draft project area plan;
(g) approve the draft project area plan, with or without revisions, as the project area planby a resolution that complies with Section 17C-3-105; and
(h) submit the project area plan to the community legislative body for adoption.
(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) An agency board may not approve a project area plan more than one year after thedate of the plan hearing.
(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 Part 4, EconomicDevelopment Notice Requirements.
(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; and
(ii) the record owner of the property consents to adding the real property to the proposedproject area.
Enacted by Chapter 359, 2006 General Session