17C-4-108. Amending a community development project area plan.

414 words·~2 min read·/ut/title-17c/chapter-4/17c-4-108

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

Effective 5/5/2021

(1)Except as provided in Section 17C-1-1002 , an agency may amend a community development project area plan as provided in this section.

(2)Except as provided in Subsection

(3)and Section 17C-4-109 , the requirements under this part that apply to adopting a community development project area plan apply equally to a proposed amendment of a community development project area plan as though the amendment were a proposed project area plan.

(a)Notwithstanding Subsection

(2), a community development project area plan may be amended without complying with the requirements of Chapter 1, Part 8, Hearing and Notice Requirements , if the proposed amendment:

(i)makes a minor adjustment in the boundary description of a project area boundary requested by a county assessor or county auditor to avoid inconsistent property boundary lines; or

(ii)subject to Subsection

(3)(b), removes one or more parcels from a project area because the agency determines that each parcel removed is:

(A)tax exempt; or

(B)no longer necessary or desirable to the project area.

(b)An amendment removing one or more parcels from a community development project area under Subsection

(3)(a)(ii) may be made without the consent of the record property owner of each parcel being removed.

(a)An amendment approved by board resolution under this section may not take effect until adopted by ordinance of the legislative body of the community in which the project area 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 to a community development project area plan, the agency whose project area plan was amended shall comply with the requirements of Sections 17C-4-106 and 17C-4-107 to the same extent as if the amendment were a project area plan.

(a)Within 30 days after the day on which an amendment to a project area plan becomes effective, a person may contest the amendment to the project area plan or the procedure used to adopt the amendment to the project area plan if the amendment or procedure fails to comply with a provision of this title.

(b)After the 30-day period described in Subsection

(a)expires, a person may not contest the amendment to the project area plan or procedure used to adopt the amendment to the project area plan for any cause.

Amended by Chapter 214 , 2021 General Session