Section 403 – Development impediment study — Requirements — Deadline.

• (1) An agency shall ensure that a development impediment study:
  • (a) undertakes a parcel by parcel survey of the survey area;
  • (b) provides data so the board may determine:
    • (i) whether the conditions described in Section 17C-5-405:
      • (A) exist in part or all of the survey area; and
      • (B) meet the qualifications for a development impediment determination in all or part of the survey area; and
    • (ii) whether the survey area contains all or part of a superfund site;
  • (c) includes a written report that states:
    • (i) the conclusions reached;
    • (ii) any area within the survey area that meets the statutory criteria of a development impediment under Section 17C-5-405; and
    • (iii) any other information requested by the agency to determine whether a development impediment exists within the survey area; and
  • (d) is completed within one year after the day on which the survey area resolution is adopted.

• (2)
  • (a) If a development impediment study is not completed within the time described in Subsection (1)(d), the agency may not approve a community reinvestment project area plan or an amendment to a community reinvestment project area plan under Subsection 17C-5-112(4) based on a development impediment study unless the agency first adopts a new resolution under Subsection 17C-5-103(1).
  • (b) A new resolution described in Subsection (2)(a) shall in all respects be considered to be a resolution under Subsection 17C-5-103(1) adopted for the first time, except that any actions taken toward completing a development impediment study under the resolution that the new resolution replaces shall be considered to have been taken under the new resolution.

• (3)
  • (a) For the purpose of making a development impediment determination under Subsection 17C-5-402(2)(c)(ii), a development impediment study is valid for one year from the day on which the development impediment study is completed.
  • (b)
    • (i) Except as provided in Subsection (3)(b)(ii), an agency that makes a development impediment determination under a valid development impediment study and subsequently adopts a community reinvestment project area plan in accordance with Section 17C-5-104 may amend the community reinvestment project area plan without conducting a new development impediment study.
    • (ii) An agency shall conduct a supplemental development impediment study for the area proposed to be added to the community reinvestment project area if the agency proposes an amendment to a community reinvestment project area plan that:
      • (A) increases the community reinvestment project area’s geographic boundary and the area proposed to be added was not included in the original development impediment study; and
      • (B) provides for the use of eminent domain within the area proposed to be added to the community reinvestment project area.

Amended by Chapter 376, 2019 General Session