§ 63H-1-401. Preparation of project area plan -- Required contents of project area plan.

(1)

(a) The authority board shall adopt a project area plan as provided in this part.

(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 the draft project area plan as the project area plan.

(c) Before adopting a draft project area plan as the project area plan, the authority board may make modifications to the draft project area plan that the board considers necessary or appropriate.

(d)

(i) A lease or development agreement that the authority enters before the creation of a project area shall provide that the board is not required to create a project area.

(ii) An authority may not be required to pay any amount or incur any loss or penalty for the board's failure to create a project area.

(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 project area 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, and welfare of the community in which the project area is located.

(3) A project area described in a project area plan:

(a) shall include military land; and

(b) may include 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, if the public land or private land is located in an unincorporated county, 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 the inclusion 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 the project area.

Amended by Chapter 80, 2012 General Session