17C-4-102. Process for adopting a community development project area plan -- Prerequisites -- Restrictions.

461 words·~2 min read·/ut/title-17c/chapter-4/17c-4-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

(1)In order to adopt a community development project area plan, after adopting a resolution under Subsection 17C-4-101.5(1) the agency shall:

(a)prepare a proposed community development project area plan and conduct any examination, investigation, and negotiation regarding the project area plan that the agency considers appropriate;

(b)make the proposed project area plan available to the public at the agency's offices during normal business hours;

(c)provide notice of the plan hearing as described in Chapter 1, Part 8, Hearing and Notice Requirements ;

(d)hold a public hearing on the proposed project area plan and, at that public hearing:

(i)allow public comment on:

(A)the proposed project area plan; and

(B)whether the proposed project area plan should be revised, approved, or rejected; and

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

(e)after holding the plan hearing, at the same meeting or at one or more subsequent meetings consider:

(i)the oral and written objections to the proposed project area plan and evidence and testimony for or against adoption of the proposed project area plan; and

(ii)whether to revise, approve, or reject the proposed project area plan;

(f)approve the proposed project area plan, with or without revisions, as the project area plan by a resolution that complies with Section 17C-4-104 ; and

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

(2)An agency may not propose a community development project area plan under Subsection

(1)unless the community 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 municipality, Title 10, Chapter 20, Part 4, General Plan; or

(ii)if the community is a county, Title 17, Chapter 79, Part 4, General Plan.

(a)Except as provided in Subsection (3)(b) , a proposed project area plan may not be modified to add a parcel to the proposed project area unless the board holds a plan hearing to consider the addition and gives notice of the plan hearing as required under Chapter 1, Part 8, Hearing and Notice Requirements .

(b)The notice and hearing requirements under Subsection (3)(a) do not apply to a proposed project area plan being modified to add a parcel to the proposed project area if:

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

(ii)the record owner of the property consents to adding the parcel to the proposed project area.

Amended by Chapter 15 , 2025 Special Session 1