§ 11-58-501 — Preparation of project area plan -- Required contents of project area plan.

(1) (1)(a) Subject to Section 11-58-605, the authority jurisdictional land constitutes a single project area.
(1)(b) The authority is not required to adopt a project area plan for a project area consisting of the authority jurisdictional land.
(2) (2)(a) The board may adopt a project area plan for land that is outside the authority jurisdictional land, as provided in this part, if the board receives written consent to include the land in the project area described in the project area plan from, as applicable:
(2)(a)(i) the legislative body of the county in whose unincorporated area the land is located; or
(2)(a)(ii) the legislative body of the municipality in which the land is located.
(2)(b) (2)(b)(i) An owner of land proposed to be included within a project area may request that the owner's land be excluded from the project area.
(2)(b)(ii) A request under Subsection (2)(b)(i) shall be submitted to the board:

(2)(b)(ii)(A) in writing; and
(2)(b)(ii)(B) no more than 45 days after the public meeting under Subsection 11-58-502(1).
(2)(c) Land included or to be included within a project area need not be contiguous or in close proximity to the authority jurisdictional land.
(2)(d) In order to adopt a project area plan, the board shall:
(2)(d)(i) prepare a draft project area plan;
(2)(d)(ii) give notice as required under Subsection 11-58-502(2);
(2)(d)(iii) hold at least one public meeting, as required under Subsection 11-58-502(1); and
(2)(d)(iv) after holding at least one public meeting and subject to Subsections (2)(b) and (e), adopt the draft project area plan as the project area plan.
(2)(e) Before adopting a draft project area plan as the project area plan, the board:
(2)(e)(i) shall eliminate from the proposed project area the land of any owner who requests the owner's land to be excluded from the project area under Subsection (2)(b); and
(2)(e)(ii) may make other modifications to the draft project area plan that the board considers necessary or appropriate.
(3) Each project area plan and draft project area plan shall contain:

(3)(a) a legal description of the boundary of the project area;
(3)(b) the authority's purposes and intent with respect to the project area; and
(3)(c) the board's findings and determination that:
(3)(c)(i) there is a need to effectuate a public purpose;
(3)(c)(ii) there is a public benefit to the proposed development project;
(3)(c)(iii) it is economically sound and feasible to adopt and carry out the project area plan; and
(3)(c)(iv) carrying out the project area plan will promote the goals and objectives stated in Subsection 11-58-203(1).

Legislative History

Amended by Chapter 259, 2023 General Session