17C-4-108 - Amending a community development project area plan.
17C-4-108. Amending a community development project area plan.
(1) Except as provided in Subsection (2), the requirements under this part that apply toadopting a community development project area plan apply equally to a proposed amendment ofa community development project area plan as though the amendment were a proposed projectarea plan.
(2) (a) Notwithstanding Subsection (1), an adopted project area plan may be amendedwithout complying with the notice and public hearing requirements of this part if the proposedamendment:
(i) makes a minor adjustment in the legal description of a project area boundaryrequested by a county assessor or county auditor to avoid inconsistent property boundary lines; or
(ii) subject to Subsection (2)(b), removes a parcel of real property from a project areabecause the agency determines that inclusion of the parcel is no longer necessary or desirable tothe project area.
(b) An amendment removing a parcel of real property from a community developmentproject area under Subsection (2)(a)(ii) may not be made without the consent of the recordproperty owner of the parcel being removed.
(3) (a) An amendment approved by board resolution under this section may not takeeffect until adopted by ordinance of the legislative body of the community in which the projectarea that is the subject of the project area plan being amended is located.
(b) Upon a community legislative body passing an ordinance adopting an amendment toa community development project area plan, the agency whose project area plan was amendedshall comply with the requirements of Sections 17C-4-106 and 17C-4-107 to the same extent asif the amendment were a project area plan.
Enacted by Chapter 359, 2006 General Session