17C-5-403. Development impediment study -- Requirements -- Deadline.

454 words·~2 min read·/ut/title-17c/chapter-5/17c-5-403

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

Effective 5/14/2019

(1)An agency shall ensure that a development impediment study:

(a)undertakes a parcel by parcel survey of the survey area;

(b)provides data so the board may determine:

(i)whether the conditions described in Section 17C-5-405 :

(A)exist in part or all of the survey area; and

(B)meet the qualifications for a development impediment determination in all or part of the survey area; and

(ii)whether the survey area contains all or part of a superfund site;

(c)includes a written report that states:

(i)the conclusions reached;

(ii)any area within the survey area that meets the statutory criteria of a development impediment under Section 17C-5-405 ; and

(iii)any other information requested by the agency to determine whether a development impediment exists within the survey area; and

(d)is completed within one year after the day on which the survey area resolution is adopted.

(a)If a development impediment study is not completed within the time described in Subsection (1)(d) , the agency may not approve a community reinvestment project area plan or an amendment to a community reinvestment project area plan under Subsection 17C-5-112(4) based on a development impediment study unless the agency first adopts a new resolution under Subsection 17C-5-103(1) .

(b)A new resolution described in Subsection (2)(a) shall in all respects be considered to be a resolution under Subsection 17C-5-103(1) adopted for the first time, except that any actions taken toward completing a development impediment study under the resolution that the new resolution replaces shall be considered to have been taken under the new resolution.

(a)For the purpose of making a development impediment determination under Subsection 17C-5-402(2)(c)(ii) , a development impediment study is valid for one year from the day on which the development impediment study is completed.

(i)Except as provided in Subsection (3)(b)(ii) , an agency that makes a development impediment determination under a valid development impediment study and subsequently adopts a community reinvestment project area plan in accordance with Section 17C-5-104 may amend the community reinvestment project area plan without conducting a new development impediment study.

(ii)An agency shall conduct a supplemental development impediment study for the area proposed to be added to the community reinvestment project area if the agency proposes an amendment to a community reinvestment project area plan that:

(A)increases the community reinvestment project area's geographic boundary and the area proposed to be added was not included in the original development impediment study; and

(B)provides for the use of eminent domain within the area proposed to be added to the community reinvestment project area.

Amended by Chapter 376 , 2019 General Session