17C-4-102 - Process for adopting a community development project area plan -- Prerequisites -- Restrictions.
17C-4-102. Process for adopting a community development project area plan --Prerequisites -- Restrictions.
(1) In order to adopt a community development project area plan, after adopting aresolution under Subsection 17C-4-101(1) the agency shall:
(a) prepare a draft of a community development project area plan and conduct anyexamination, investigation, and negotiation regarding the project area plan that the agencyconsiders appropriate;
(b) make the draft project area plan available to the public at the agency's offices duringnormal business hours;
(c) provide notice of the plan hearing as provided in Section 17C-4-402;
(d) hold a public hearing on the draft project area plan and, at that public hearing:
(i) allow public comment on:
(A) the draft project area plan; and
(B) whether the draft project area plan should be revised, approved, or rejected; and
(ii) receive all written and hear all oral objections to the draft project area plan;
(e) after holding the plan hearing, at the same meeting or at one or more subsequentmeetings consider:
(i) the oral and written objections to the draft project area plan and evidence andtestimony for or against adoption of the draft project area plan; and
(ii) whether to revise, approve, or reject the draft project area plan;
(f) approve the draft project area plan, with or without revisions, as the project area planby 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 underSubsection (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 city or town, Title 10, Chapter 9a, Part 4, General Plan; or
(ii) if the community is a county, Title 17, Chapter 27a, Part 4, General Plan.
(3) (a) Except as provided in Subsection (3)(b), a draft project area plan may not bemodified to add real property to the proposed project area unless the board holds a plan hearingto consider the addition and gives notice of the plan hearing as required under Section17C-4-402.
(b) The notice and hearing requirements under Subsection (3)(a) do not apply to a draftproject area plan being modified to add real property to the proposed project area if:
(i) the property is contiguous to the property already included in the proposed projectarea under the draft project area plan; and
(ii) the record owner of the property consents to adding the real property to the proposedproject area.
Enacted by Chapter 359, 2006 General Session