State Codes and Statutes

Statutes > Utah > Title-63h > Chapter-01 > 63h-1-401

63H-1-401. Preparation of project area plan -- Required contents of project areaplan.
(1) (a) Before spending any funds in a project area or entering into any lease ordevelopment agreement, the authority board shall adopt a project area plan as provided in thispart.
(b) In order to adopt a project area plan, the authority board shall:
(i) prepare a draft project area plan;
(ii) give notice as required under Subsection 63H-1-402(2);
(iii) hold at least one public meeting, as required under Subsection 63H-1-402(1); and
(iv) after holding at least one public meeting and subject to Subsection (1)(c), adopt thedraft project area plan as the project area plan.
(c) Before adopting a draft project area plan as the project area plan, the authority boardmay make modifications to the draft project area plan that the board considers necessary orappropriate.
(2) Each project area plan and draft project area plan shall contain:
(a) a legal description of the boundary of the project area that is the subject of the projectarea plan;
(b) the authority's purposes and intent with respect to the project area; and
(c) the board's findings and determination that:
(i) there is a need to effectuate a public purpose;
(ii) there is a public benefit to the proposed development project;
(iii) it is economically sound and feasible to adopt and carry out the project area plan;and
(iv) carrying out the project area plan will promote the public peace, health, safety, andwelfare of the community in which the project area is located.
(3) (a) A project area described in a project area plan:
(i) shall include military land; and
(ii) may include one or all of the following:
(A) private land if:
(I) the owner of the private land consents to the inclusion of the land within the projectarea;
(II) subject to Subsection (3)(b), the private land included within the project area iscontiguous to the military land included within the project area;
(III) the total size of the project area does not exceed 100 acres; and
(IV) the project area is located within a county of the third, fourth, fifth, or sixth class;
(B) up to an additional 150 acres of public or private land that is not contiguous tomilitary land if:
(I) the land is included in a project area that will include a hotel facility for current andretired military personnel at a military discount rate;
(II) the owner of the public or private land consents to the inclusion of the land in theproject area; and
(III) 50 or more acres of the 150 acres was jointly owned by a municipality and a countyon January 1, 2010; or
(C) public or private land, whether or not it is contiguous to military land, if:
(I) the legislative body of the county in which the public or private land is located passes

a resolution consenting to the inclusion of the land in the project area;
(II) the legislative body of an included municipality passes a resolution consenting to theinclusion of the land in the project area; and
(III) the owner of the public or private land consents to the inclusion of the land in theproject area.
(b) Private land does not lose its contiguousness to military land because of the presenceof a road or right-of-way.

Amended by Chapter 9, 2010 General Session