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2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 1 - Economic Development Project Area Plan › Section 108 - Agency required to transmit and record documents after adoption of economic development project area plan.

Effective 7/1/2021
17C-3-108.
Agency required to transmit and record documents after adoption of economic development project area plan.
Within 30 days after the community legislative body adopts, under Section 17C-3-106, an economic development project area plan, the agency shall:
(1) record with the recorder of the county in which the economic development project area is located a document containing:
(a) a description of the land within the project area;
(b) a statement that the project area plan for the project area has been adopted; and
(c) the date of adoption;
(2) transmit a copy of the description of the land within the project area and an accurate map or plat indicating the boundaries of the project area to the Utah Geospatial Resource Center created under Section 63A-16-505; and
(3) for a project area plan that provides for the agency to receive tax increment, transmit a copy of the description of the land within the project area, a copy of the community legislative body ordinance adopting the project area plan, and a map or plat indicating the boundaries of the project area to:
(a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any part of the project area is located;
(b) the officer or officers performing the function of auditor or assessor for each taxing entity that does not use the county assessment roll or collect the taxing entity's taxes through the county;
(c) the legislative body or governing board of each taxing entity;
(d) the State Tax Commission; and
(e) the State Board of Education.
Amended by Chapter 162, 2021 General Session
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 2 - Economic Development Project Area Budget › Section 202 - Part of tax increment funds in an economic development project area budget to be used for housing -- Waiver of requirement.

17C-3-202.
Part of tax increment funds in an economic development project area budget to be used for housing -- Waiver of requirement.
(1) This section applies only to an economic development project area budget adopted on or after May 1, 2000, but before March 30, 2009.
(2)
(a) Except as provided in Subsection (2)(b), each economic development project area budget adopted on or after May 1, 2000 but before March 30, 2009 that provides for more than $100,000 of annual tax increment to be paid to the agency shall allocate at least 20% of the tax increment for housing as provided in Section 17C-1-412.
(b) The 20% requirement of Subsection (2)(a) may be waived:
(i) in part or whole by the mutual consent of the loan fund board and the taxing entity committee if they determine that 20% of tax increment is more than is needed to address the community's need for income targeted housing; or
(ii) in fifth and sixth class counties, by the taxing entity committee for economic development project area budgets adopted on or after May 1, 2002 but before March 30, 2009, if the economic development project area consists of an area without housing units.
(3) An economic development project area budget not required under Subsection (2)(a) to allocate tax increment for housing may allocate 20% of tax increment payable to the agency over the life of the project area for housing as provided in Section 17C-1-412 if the project area budget is under a project area plan that is adopted on or after July 1, 1998.
Amended by Chapter 387, 2009 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 2 - Economic Development Project Area Budget › Section 203 - Consent of taxing entity committee required for economic development project area budget -- Exception.

Effective 5/10/2016
17C-3-203.
Consent of taxing entity committee required for economic development project area budget -- Exception.
(1)
(a) Except as provided in Subsection (1)(b) and subject to Subsection (2), each agency shall obtain the consent of the taxing entity committee for each economic development project area budget under a post-June 30, 1993 economic development project area plan before the agency may collect any tax increment from the project area.
(b) For an economic development project area budget adopted from July 1, 1998 through May 1, 2000 that allocates 20% or more of the tax increment for housing as provided in Section 17C-1-412, an agency:
(i) need not obtain the consent of the taxing entity committee for the project area budget; and
(ii) may not receive any tax increment from all or part of the project area until after:
(A) the loan fund board has certified the project area budget as complying with the requirements of Section 17C-1-412; and
(B) the board has approved and adopted the project area budget by a two-thirds vote.
(2)
(a) Before a taxing entity committee may consent to an economic development project area budget adopted on or after May 1, 2000 that allocates 20% of tax increment for housing under Subsection 17C-3-202(2)(a) or (3), the agency shall:
(i) adopt a housing plan showing the uses for the housing funds; and
(ii) provide a copy of the housing plan to the taxing entity committee and the loan fund board.
(b) If an agency amends a housing plan prepared under Subsection (2)(a), the agency shall provide a copy of the amendment to the taxing entity committee and the loan fund board.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 2 - Economic Development Project Area Budget › Section 204 - Filing a copy of the economic development project area budget.

17C-3-204.
Filing a copy of the economic development project area budget.
Each agency adopting an economic development project area budget shall:
(1) within 30 days after adopting the project area budget, file a copy of the project area budget with the auditor of the county in which the project area is located, the State Tax Commission, the state auditor, the State Board of Education, and each taxing entity affected by the agency's collection of tax increment under the project area budget; and
(2) if the project area budget allocates tax increment for housing under Section 17C-1-412, file a copy of the project area budget with the loan fund board.
Enacted by Chapter 359, 2006 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 2 - Economic Development Project Area Budget › Section 205 - Amending an economic development project area budget.

Effective 5/5/2021
17C-3-205.
Amending an economic development project area budget.
(1) Except as provided in Section 17C-1-1002, an agency may by resolution amend an economic development project area budget as provided in this section.
(2) To amend an adopted economic development project area budget, the agency shall:
(a) advertise and hold one public hearing on the proposed amendment as provided in Subsection (3);
(b) if approval of the taxing entity committee was required for adoption of the original project area budget, obtain the approval of the taxing entity committee to the same extent that the agency was required to obtain the consent of the taxing entity committee for the project area budget as originally adopted;
(c) if approval of the taxing entity committee is required under Subsection (2)(b), obtain a written certification, signed by an attorney licensed to practice law in this state, stating that the taxing entity committee followed the appropriate procedures to approve the project area budget; and
(d) adopt a resolution amending the project area budget.
(3) The public hearing required under Subsection (2)(a) shall be conducted according to the procedures and requirements of Section 17C-3-201, except that if the amended project area budget proposes that the agency be paid a greater proportion of tax increment from a project area than was to be paid under the previous project area budget, the notice shall state the percentage paid under the previous project area budget and the percentage proposed under the amended project area budget.
(4) If the removal of a parcel under Subsection 17C-3-109(4)(a)(ii) reduces the base taxable value of the project area, an agency may amend the project area budget to conform with the new base taxable value without:
(a) complying with Subsections (2)(a) and (3); and
(b) if applicable, obtaining taxing entity committee approval described in Subsection (2)(b).
(5) If a proposed amendment is not adopted, the agency shall continue to operate under the previously adopted economic development project area budget without the proposed amendment.
(6)
(a) A person may contest the agency's adoption of a budget amendment within 30 days after the day on which the agency adopts the amendment.
(b) A person that fails to contest a budget amendment under Subsection (6)(a):
(i) forfeits any claim against an agency's adoption of the amendment; and
(ii) may not contest:
(A) a distribution of tax increment to the agency under the budget amendment; or
(B) an agency's use of a tax increment under a budget amendment.
Amended by Chapter 214, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 3 - Economic Development › Part 2 - Economic Development Project Area Budget › Section 206 - Extending collection of tax increment under an economic development project area budget.

Effective 5/5/2021
17C-3-206.
Extending collection of tax increment under an economic development project area budget.
(1) An amendment or extension approved by a taxing entity or taxing entity committee before May 10, 2011, is not subject to this section.
(2)
(a) Except as provided in Section 17C-1-1002, an agency's collection of tax increment under an adopted economic development project area budget may be extended by:
(i) following the project area budget amendment procedures outlined in Section 17C-3-205; or
(ii) following the procedures outlined in this section.
(b) The base taxable value for an urban renewal project area budget may not be altered as a result of an extension under this section unless otherwise expressly provided for in an interlocal agreement adopted in accordance with Subsection (3)(a).
(3) To extend under this section the agency's collection of tax increment from a taxing entity under a previously approved project area budget, the agency shall:
(a) obtain the approval of the taxing entity through an interlocal agreement;
(b)
(i) hold a public hearing on the proposed extension in accordance with Subsection 17C-2-201(2)(d) in the same manner as required for a proposed project area budget; and
(ii) provide notice of the hearing:
(A) as required by Chapter 1, Part 8, Hearing and Notice Requirements; and
(B) including the proposed period of extension of the project area budget; and
(c) after obtaining the approval of the taxing entity in accordance with Subsection (3)(a), at or after the public hearing, adopt a resolution approving the extension.
(4) After the expiration of a project area budget, an agency may continue to receive tax increment from those taxing entities that have agreed to an extension through an interlocal agreement in accordance with Subsection (3)(a).
(5)
(a) A person may contest the agency's adoption of a budget extension within 30 days after the day on which the agency adopts the resolution providing for the extension.
(b) A person that fails to contest a budget extension under Subsection (5)(a):
(i) shall forfeit any claim against the agency's adoption of the extension; and
(ii) may not contest:
(A) a distribution of tax increment to the agency under the budget, as extended; or
(B) an agency's use of tax increment under the budget, as extended.
Amended by Chapter 214, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 1 - Community Development Project Area Plan › Section 101.1 - Title.

Effective 5/10/2016
17C-4-101.1.
Title.
This chapter is known as "Community Development."
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 1 - Community Development Project Area Plan › Section 101.2 - Applicability of chapter.

Effective 5/10/2016
17C-4-101.2.
Applicability of chapter.
This chapter applies to a community development project area that is effective:
(1) before May 10, 2016; or
(2) before September 1, 2016, if an agency adopted a resolution in accordance with Section 17C-4-101.5 before April 1, 2016.
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 1 - Community Development Project Area Plan › Section 101.5 - Resolution authorizing the preparation of a community development proposed project area plan -- Request to adopt resolution.

Effective 5/10/2016
17C-4-101.5.
Resolution authorizing the preparation of a community development proposed project area plan -- Request to adopt resolution.
(1) A board may begin the process of adopting a community development project area plan by adopting a resolution that authorizes the preparation of a proposed community development project area plan.
(2)
(a) Any person or any group, association, corporation, or other entity may submit a written request to the board to adopt a resolution under Subsection (1).
(b) A request under Subsection (2)(a) may include plans showing the project area development proposed for an area within the agency's boundaries.
(c) The board may, in the board's sole discretion, grant or deny a request under Subsection (2)(a).
Renumbered and Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 1 - Community Development Project Area Plan › Section 102 - Process for adopting a community development project area plan -- Prerequisites -- Restrictions.

Effective 5/10/2016
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 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 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 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 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 1 - Community Development Project Area Plan › Section 103 - Community development project area plan requirements.

Effective 5/10/2016
17C-4-103.
Community development project area plan requirements.
Each community development project area plan and proposed project area plan shall:
(1) describe the boundaries of the project area, subject to Section 17C-1-414, if applicable;
(2) contain a general statement of the land uses, layout of principal streets, population densities, and building intensities of the project area and how they will be affected by the community development;
(3) state the standards that will guide the project area development;
(4) show how the purposes of this title will be attained by the project area development;
(5) be consistent with the general plan of the community in which the project area is located and show that the project area development will conform to the community's general plan;
(6) describe any specific project or projects that are the object of the proposed project area development;
(7) identify how a participant will be selected to undertake the project area development and identify each participant currently involved in the project area development;
(8) state the reasons for the selection of the project area;
(9) describe the physical, social, and economic conditions existing in the project area;
(10) describe any tax incentives offered private entities for facilities located in the project area;
(11) include an analysis or description of the anticipated public benefit to be derived from the project area development, including:
(a) the beneficial influences upon the tax base of the community; and
(b) the associated business and economic activity likely to be stimulated; and
(12) include other information that the agency determines to be necessary or advisable.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 1 - Community Development Project Area Plan › Section 104 - Board resolution approving a community development project area plan -- Requirements.

Effective 5/10/2016
17C-4-104.
Board resolution approving a community development project area plan -- Requirements.
Each board resolution approving a proposed community development project area plan as the project area plan under Subsection 17C-4-102(1)(f) shall contain:
(1) a boundary description of the boundaries of the project area that is the subject of the project area plan;
(2) the agency's purposes and intent with respect to the project area;
(3) the project area plan incorporated by reference; and
(4) the board findings and determinations that adoption of the community development project area plan will:
(a) satisfy a public purpose;
(b) provide a public benefit as shown by the analysis described in Subsection 17C-4-103(11);
(c) be economically sound and feasible;
(d) conform to the community's general plan; and
(e) promote the public peace, health, safety, and welfare of the community in which the project area is located.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 1 - Community Development Project Area Plan › Section 105 - Community development plan to be adopted by community legislative body.

17C-4-105.
Community development plan to be adopted by community legislative body.
(1) A community development project area plan approved by board resolution under Section 17C-4-104 may not take effect until it has been adopted by ordinance of the legislative body of the community that created the agency and notice under Section 17C-4-106 is provided.
(2) Each ordinance under Subsection (1) shall:
(a) be adopted by the community legislative body after the board's approval of a resolution under Section 17C-4-104; and
(b) designate the approved project area plan as the official community development plan of the project area.
Enacted by Chapter 359, 2006 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 1 - Community Development Project Area Plan › Section 106 - Notice of community development project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.

Effective 5/3/2023
17C-4-106.
Notice of community development project area plan adoption -- Effective date of plan -- Contesting the formation of the plan.
(1)
(a) Upon the community legislative body's adoption of a community development project area plan, the community legislative body shall provide notice as provided in Subsection (1)(b) by publishing notice for the agency's jurisdiction, as a class A notice under Section 63G-30-102, for at least 30 days.
(b) Each notice under Subsection (1)(a) shall:
(i) set forth the community legislative body's ordinance adopting the community development project area plan or a summary of the ordinance; and
(ii) include a statement that the project area plan is available for general public inspection and the hours for inspection.
(2) The community development project area plan shall become effective at the end of the 30-day period described in Subsection (1)(a).
(3)
(a) For a period of 30 days after the effective date of the community development project area plan under Subsection (2), any person may contest the project area plan or the procedure used to adopt the project area plan if the plan or procedure fails to comply with applicable statutory requirements.
(b) After the 30-day period under Subsection (3)(a) expires, a person may not contest the community development project area plan or procedure used to adopt the project area plan for any cause.
(4) Upon adoption of the community development project area plan by the community legislative body, the agency may carry out the project area plan.
(5) Each agency shall make the adopted project area plan available to the public at the agency's office during normal business hours.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 1 - Community Development Project Area Plan › Section 107 - Agency required to transmit and record documents after adoption of community development project area plan.

Effective 7/1/2021
17C-4-107.
Agency required to transmit and record documents after adoption of community development project area plan.
Within 30 days after the community legislative body adopts, under Section 17C-4-105, a community development project area plan, the agency shall:
(1) record with the recorder of the county in which the project area is located a document containing:
(a) a description of the land within the project area;
(b) a statement that the project area plan for the project area has been adopted; and
(c) the date of adoption;
(2) transmit a copy of the description of the land within the project area and an accurate map or plat indicating the boundaries of the project area to the Utah Geospatial Resource Center created under Section 63A-16-505; and
(3) for a project area plan that provides for the agency to receive tax increment, transmit a copy of the description of the land within the project area, a copy of the community legislative body ordinance adopting the project area plan, and a map or plat indicating the boundaries of the project area to:
(a) the auditor, recorder, attorney, surveyor, and assessor of each county in which any part of the project area is located;
(b) the officer or officers performing the function of auditor or assessor for each taxing entity that does not use the county assessment roll or collect the taxing entity's taxes through the county;
(c) the legislative body or governing board of each taxing entity;
(d) the State Tax Commission; and
(e) the State Board of Education.
Amended by Chapter 162, 2021 General Session
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 1 - Community Development Project Area Plan › Section 108 - Amending a community development project area plan.

Effective 5/5/2021
17C-4-108.
Amending a community development project area plan.
(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.
(3)
(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.
(4)
(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.
(5)
(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 (5)(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
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 1 - Community Development Project Area Plan › Section 109 - Expedited community development project area plan -- Notice.

Effective 5/3/2023
17C-4-109.
Expedited community development project area plan -- Notice.
(1) As used in this section, "tax increment incentive" means the portion of tax increment awarded to an industry or business.
(2) A community development project area plan may be adopted or amended without complying with the notice and public hearing requirements of this part and Chapter 1, Part 8, Hearing and Notice Requirements, if the following requirements are met:
(a) the agency determines by resolution adopted in an open and public meeting the need to create or amend a project area plan on an expedited basis, which resolution shall include a description of why expedited action is needed;
(b) a public hearing on the amendment or adoption of the project area plan is held by the agency;
(c) notice of the public hearing is published at least 14 days before the day of the public hearing for the community that created the agency, as a class A notice under Section 63G-30-102, for at least 14 days;
(d) written consent to the amendment or adoption of the project area plan is given by all record property owners within the existing or proposed project area;
(e) each taxing entity that will be affected by the tax increment incentive enters into or amends an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, and Sections 17C-4-201, 17C-4-203, and 17C-4-204;
(f) the primary market for the goods or services that will be created by the industry or business entity that will receive a tax increment incentive from the amendment or adoption of the project area plan is outside of the state;
(g) the industry or business entity that will receive a tax increment incentive from the amendment or adoption of the project area plan is not primarily engaged in retail trade; and
(h) a tax increment incentive is only provided to an industry or business entity:
(i) on a postperformance basis as described in Subsection (3); and
(ii) on an annual basis after the tax increment is received by the agency.
(3) An industry or business entity may only receive a tax increment incentive under this section after entering into an agreement with the agency that sets postperformance targets that shall be met before the industry or business entity may receive the tax increment incentive, including annual targets for:
(a) capital investment in the project area;
(b) the increase in the taxable value of the project area;
(c) the number of new jobs created in the project area;
(d) the average wages of the jobs created, which shall be at least 110% of the prevailing wage of the county where the project area is located; and
(e) the amount of local vendor opportunity generated by the industry or business entity.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 2 - Funds for Community Development Project from Other Entities › Section 202 - Resolution or interlocal agreement to provide project area funds for the community development project area plan -- Notice -- Effective date of resolution or interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability of resolution or interlocal agreement.

Effective 5/3/2023
17C-4-202.
Resolution or interlocal agreement to provide project area funds for the community development project area plan -- Notice -- Effective date of resolution or interlocal agreement -- Time to contest resolution or interlocal agreement -- Availability of resolution or interlocal agreement.
(1) The approval and adoption of each resolution or interlocal agreement under Subsection 17C-4-201(2) shall be in an open and public meeting.
(2)
(a) Upon the adoption of a resolution or interlocal agreement under Section 17C-4-201, the agency shall provide notice as provided in Subsection (2)(b) by publishing notice for the agency's jurisdiction, as a class A notice under Section 63G-30-102, for 30 days.
(b) Each notice under Subsection (2)(a) shall:
(i) set forth a summary of the resolution or interlocal agreement; and
(ii) include a statement that the resolution or interlocal agreement is available for public inspection and the hours of inspection.
(3) The resolution or interlocal agreement shall become effective at the end of the 30-day period described in Subsection (2)(a).
(4)
(a) For a period of 30 days after the effective date of the resolution or interlocal agreement under Subsection (3), any person may contest the resolution or interlocal agreement or the procedure used to adopt the resolution or interlocal agreement if the resolution or interlocal agreement or procedure fails to comply with applicable statutory requirements.
(b) After the 30-day period under Subsection (4)(a) expires, a person may not contest:
(i) the resolution or interlocal agreement;
(ii) a distribution of tax increment to the agency under the resolution or interlocal agreement; or
(iii) the agency's use of project area funds under the resolution or interlocal agreement.
(5) Each agency that is to receive project area funds under a resolution or interlocal agreement under Section 17C-4-201 and each taxing entity that approves a resolution or enters into an interlocal agreement under Section 17C-4-201 shall make the resolution or interlocal agreement, as the case may be, available at the taxing entity's offices to the public for inspection and copying during normal business hours.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 2 - Funds for Community Development Project from Other Entities › Section 203 - Requirement to file a copy of the resolution or interlocal agreement -- County payment of tax increment to the agency.

Effective 5/10/2016
17C-4-203.
Requirement to file a copy of the resolution or interlocal agreement -- County payment of tax increment to the agency.
(1) Each agency that is to receive funds under a resolution or interlocal agreement under Section 17C-4-201 shall, within 30 days after the effective date of the resolution or interlocal agreement, file a copy of it with:
(a) the State Tax Commission, the State Board of Education, and the state auditor; and
(b) the auditor of the county in which the project area is located, if the resolution or interlocal agreement provides for the agency to receive tax increment from the taxing entity that adopted the resolution or entered into the interlocal agreement.
(2) Each county that collects property tax on property within a community development project area shall, in the manner and at the time provided in Section 59-2-1365, pay and distribute to the agency the tax increment that the agency is authorized to receive under a resolution approved or an interlocal agreement adopted under Section 17C-4-201.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 4 - Community Development › Part 2 - Funds for Community Development Project from Other Entities › Section 204 - Adoption of a budget for a community development project area plan -- Amendment.

Effective 5/10/2016
17C-4-204.
Adoption of a budget for a community development project area plan -- Amendment.
(1) An agency may prepare and, by resolution adopted at a regular or special meeting of the board, adopt a community development project area budget setting forth:
(a) the anticipated costs, including administrative costs, of implementing the community development project area plan; and
(b) the tax increment, sales and use tax revenue, and other revenue the agency anticipates receiving to fund the project.
(2) An agency may, by resolution adopted at a regular or special meeting of the board, amend a budget adopted under Subsection (1).
(3) Each resolution to adopt or amend a budget under this section shall appear as an item on the agenda for the regular or special board meeting at which the resolution is adopted without additional required notice.
(4) An agency is not required to obtain taxing entity or taxing entity committee approval to adopt or amend a community development project area budget.
Amended by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 1 - Community Reinvestment Project Area Plan › Section 101 - Title.

Effective 5/10/2016
17C-5-101.
Title.
(1) This chapter is known as "Community Reinvestment."
(2) This part is known as "Community Reinvestment Project Area Plan."
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 1 - Community Reinvestment Project Area Plan › Section 102 - Applicability of chapter.

Effective 5/5/2021
17C-5-102.
Applicability of chapter.
This chapter applies to a community reinvestment project area that:
(1) an agency created on or after May 10, 2016; and
(2) an agency, that has entered into an interlocal agreement and levies a property tax under Chapter 1, Part 10, Agency Taxing Authority, created for a cooperative development project or an economic development project as those terms are defined in Section 17C-1-1001.
Amended by Chapter 214, 2021 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 1 - Community Reinvestment Project Area Plan › Section 103 - Initiating a community reinvestment project area plan.

Effective 5/14/2019
17C-5-103.
Initiating a community reinvestment project area plan.
(1) Subject to Subsection (2), a board shall initiate the process of adopting a community reinvestment project area plan by adopting a survey area resolution that:
(a) designates a geographic area located within the agency's boundaries as a survey area;
(b) contains a description or map of the boundaries of the survey area;
(c) contains a statement that the survey area requires study to determine whether project area development is feasible within one or more proposed community reinvestment project areas within the survey area; and
(d) authorizes the agency to:
(i) prepare a proposed community reinvestment project area plan for each proposed community reinvestment project area; and
(ii) conduct any examination, investigation, or negotiation regarding the proposed community reinvestment project area that the agency considers appropriate.
(2) If an agency anticipates using eminent domain to acquire property within the survey area, the resolution described in Subsection (1) shall include:
(a) a statement that the survey area requires study to determine whether a development impediment exists within the survey area; and
(b) authorization for the agency to conduct a development impediment study in accordance with Section 17C-5-403.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 1 - Community Reinvestment Project Area Plan › Section 105 - Community reinvestment project area plan requirements.

Effective 7/1/2023
17C-5-105.
Community reinvestment project area plan requirements.
An agency shall ensure that each community reinvestment project area plan and proposed community reinvestment project area plan:
(1) subject to Section 17C-1-414, if applicable, includes a boundary description and a map of the community reinvestment project area;
(2) contains a general statement of the existing land uses, layout of principal streets, population densities, and building intensities of the community reinvestment project area and how each will be affected by project area development;
(3) states the standards that will guide project area development;
(4) shows how project area development will further purposes of this title;
(5) is consistent with the general plan of the community in which the community reinvestment project area is located and shows that project area development will conform to the community's general plan;
(6) if applicable, describes how project area development will eliminate or reduce a development impediment in the community reinvestment project area;
(7) describes any specific project area development that is the object of the community reinvestment project area plan;
(8) if applicable, explains how the agency plans to select a participant;
(9) states each reason the agency selected the community reinvestment project area;
(10) describes the physical, social, and economic conditions that exist in the community reinvestment project area;
(11) describes each type of financial assistance that the agency anticipates offering a participant;
(12) includes an analysis or description of the anticipated public benefit resulting from project area development, including benefits to the community's economic activity and tax base;
(13) if applicable, states that the agency shall comply with Section 9-8a-404 as required under Section 17C-5-106;
(14) for a community reinvestment project area plan that an agency adopted before May 14, 2019, states whether the community reinvestment project area plan or proposed community reinvestment project area plan is subject to a taxing entity committee or an interlocal agreement; and
(15) includes other information that the agency determines to be necessary or advisable.
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 1 - Community Reinvestment Project Area Plan › Section 106 - Existing and historic buildings and uses in a community reinvestment project area.

Effective 7/1/2023
17C-5-106.
Existing and historic buildings and uses in a community reinvestment project area.
An agency shall comply with Section 9-8a-404 as though the agency is a state agency if:
(1) any of the existing buildings or uses in a community reinvestment project area are included in, or eligible for inclusion in, the National Register of Historic Places or the State Register; and
(2) the agency spends agency funds on the demolition or rehabilitation of existing buildings described in Subsection (1).
Amended by Chapter 160, 2023 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 1 - Community Reinvestment Project Area Plan › Section 107 - Objections to a community reinvestment project area plan.

Effective 5/10/2016
17C-5-107.
Objections to a community reinvestment project area plan.
(1) A person may object to a proposed community reinvestment project area plan:
(a) in writing at any time before or during a plan hearing; or
(b) orally during a plan hearing.
(2) An agency may not approve a proposed community reinvestment project area plan if, after receiving public comment at a plan hearing in accordance with Subsection 17C-5-104(3)(e)(i), the record property owners of at least 51% of the private land area within the most recently proposed community reinvestment project area object to the proposed community reinvestment project area plan.
Enacted by Chapter 350, 2016 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 1 - Community Reinvestment Project Area Plan › Section 108 - Board resolution approving a community reinvestment project area plan -- Requirements.

Effective 5/14/2019
17C-5-108.
Board resolution approving a community reinvestment project area plan -- Requirements.
A board shall ensure that a resolution approving a proposed community reinvestment area plan as the community reinvestment project area plan under Section 17C-5-104 contains:
(1) a boundary description of the community reinvestment project area that is the subject of the community reinvestment project area plan;
(2) the agency's purposes and intent with respect to the community reinvestment project area;
(3) the proposed community reinvestment project area plan incorporated by reference;
(4) the board findings and determinations that the proposed community reinvestment project area plan:
(a) serves a public purpose;
(b) produces a public benefit as demonstrated by the analysis described in Subsection 17C-5-105(12);
(c) is economically sound and feasible;
(d) conforms to the community's general plan; and
(e) promotes the public peace, health, safety, and welfare of the community in which the proposed community reinvestment project area is located; and
(5) if the board made a development impediment determination under Section 17C-5-402, a statement that the board made a development impediment determination within the proposed community reinvestment project area and the date on which the board made the determination.
Amended by Chapter 376, 2019 General Session
2023 Utah Code › Title 17C - Limited Purpose Local Government Entities - Community Reinvestment Agency Act › Chapter 5 - Community Reinvestment › Part 1 - Community Reinvestment Project Area Plan › Section 109 - Community reinvestment project area plan to be adopted by community legislative body.

Effective 5/10/2016
17C-5-109.
Community reinvestment project area plan to be adopted by community legislative body.
(1) A proposed community reinvestment project area plan approved by board resolution under Section 17C-5-104 may not take effect until the community legislative body:
(a) by ordinance, adopts the proposed community reinvestment project area plan; and
(b) provides notice in accordance with Section 17C-5-110.
(2) An ordinance described in Subsection (1)(a) shall designate the community reinvestment project area plan as the official plan of the community reinvestment project area.
Enacted by Chapter 350, 2016 General Session