125.4318 Development plan or tax increment plan as public purpose; determination; approval or rejection of plan; notice and hearing; conclusiveness of procedure, adequacy
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125.4318 Development plan or tax increment plan as public purpose; determination; approval or rejection of plan; notice and hearing; conclusiveness of procedure, adequacy of notice, and certain findings; validation and conclusiveness of plan; contesting plan.
Sec. 318.
(1)The governing body, after a public hearing on the development plan or the tax increment financing plan, or both, with notice of the hearing given pursuant to section 317, shall determine whether the development plan or tax increment financing plan constitutes a public purpose. If the governing body determines that the development plan or tax increment financing plan constitutes a public purpose, the governing body shall then approve or reject the plan, or approve it with modification, by resolution based on the following considerations:
(a)The findings and recommendations of a development area citizens council, if a development area citizens council was formed.
(b)Whether the development plan meets the requirements set forth in section 316(2) and the tax increment financing plan meets the requirements set forth in section 313(1).
(c)Whether the proposed method of financing the development is feasible and the authority has the ability to arrange the financing.
(d)Whether the development is reasonable and necessary to carry out the purposes of this part.
(e)Whether the amount of captured assessed value estimated to result from adoption of the plan is reasonable.
(f)Whether the land to be acquired within the development area is reasonably necessary to carry out the purposes of the plan and the purposes of this part.
(g)Whether the development plan is in reasonable accord with the approved master plan of the municipality, if an approved master plan exists.
(h)Whether public services, such as fire and police protection and utilities, are or will be adequate to service the development area.
(i)Whether changes in zoning, streets, street levels, intersections, and utilities are reasonably necessary for the project and for the municipality.
(2)Except as provided in this subsection, amendments to an approved development plan or tax increment plan must be submitted by the authority to the governing body for approval or rejection following the same notice and public hearing provisions that are necessary for approval or rejection of the original plan. Notice and hearing shall not be necessary for revisions in the estimates of captured assessed value and tax increment revenues.
(3)The procedure, adequacy of notice, and findings with respect to purpose and captured assessed value shall be conclusive unless contested in a court of competent jurisdiction within 60 days after adoption of the resolution adopting the plan. A plan adopted before July 18, 1983 is validated and shall be conclusive unless contested in a court of competent jurisdiction within 60 days after July 18, 1983. A plan in effect before July 18, 1983 shall not be contested to the extent that tax increment revenues are necessary for the payment of principal and interest on outstanding bonds issued pursuant to the plan and payable from the tax increment revenues or to the extent the authority or municipality has incurred other obligations or made commitments dependent upon tax increment revenues.
History: 2018, Act 57 , Eff. Jan. 1, 2019