17C-5-403. Development impediment study -- Requirements -- Deadline.
(1) An agency shall ensure that a development impediment study: undertakes a parcel by parcel survey of the survey area; provides data so the board may determine: whether the conditions described in Section: 17C-5-405 exist in part or all of the survey area; and meet the qualifications for a development impediment determination in all or part of the survey area; and whether the survey area contains all or part of a superfund site; includes a written report that states: the conclusions reached; any area within the survey area that meets the statutory criteria of a development impediment under Section; and 17C-5-405 any other information requested by the agency to determine whether a development impediment exists within the survey area; and is completed within one year after the day on which the survey area resolution is adopted.
(2) If a development impediment study is not completed within the time described in Subsection, the agency may not approve a community reinvestment project area plan or an amendment to a community reinvestment project area plan under Subsectionbased on a development impediment study unless the agency first adopts a new resolution under Subsection. (1)(d) 17C-5-112(4) 17C-5-103(1) A new resolution described in Subsectionshall in all respects be considered to be a resolution under Subsectionadopted 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. (2)(a) 17C-5-103(1)
(3) For the purpose of making a development impediment determination under Subsection, a development impediment study is valid for one year from the day on which the development impediment study is completed. 17C-5-402(2)(c)(ii) Except as provided in Subsection, 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 Sectionmay amend the community reinvestment project area plan without conducting a new development impediment study. (3)(b)(ii) 17C-5-104 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: 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 provides for the use of eminent domain within the area proposed to be added to the community reinvestment project area.