§ 17C-4-108. Amending a community development project area plan.

(1) Except as provided in Subsection (2), 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.

(2)

(a) Notwithstanding Subsection (1), an adopted project area plan may be amended without complying with the notice and public hearing requirements of this part if the proposed amendment:

(i) makes a minor adjustment in the legal 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 (2)(b), removes a parcel of real property from a project area because the agency determines that inclusion of the parcel is no longer necessary or desirable to the project area.

(b) An amendment removing a parcel of real property from a community development project area under Subsection (2)(a)(ii) may not be made without the consent of the record property owner of the parcel being removed.

(3)

(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.

Enacted by Chapter 359, 2006 General Session