10-2a-202. Feasibility request -- Requirements -- Limitations.-- Request to Utah Population Committee.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)Subject to Subsection (2), the process to incorporate an unincorporated area as a municipality is initiated by an individual filing a feasibility request, with the county clerk of the county where the area proposed to be incorporated is located, that :

(a)includes the signatures of the owners of private real property that:

(i)is located within the area proposed to be incorporated;

(ii)covers at least 10% of the total private land area within the area; and

(iii)is, as of January 1 of the current year, equal in assessed fair market value to at least 7% of the assessed fair market value of all private real property within the area;

(b)includes the typed or printed name and current residence address of each owner signing the request; and

(c)is accompanied by the Utah Population Committee's written notice under Subsection (2)(d)(ii).

(a)Before submitting a feasibility request under Subsection (1), an individual intending to file a feasibility request shall submit to the lieutenant governor a written request to the Utah Population Committee.

(b)A written request under Subsection (2)(a) shall:

(i)request the Utah Population Committee to determine whether, on the date the individual filed the request, the proposed municipality complied with the population, population density, and contiguity requirements described in Section 10-2a-201.5 ;

(ii)provide a description of the contiguous area proposed to be incorporated as a municipality; and

(iii)be accompanied by an accurate map or plat, prepared by a licensed surveyor, showing a legal description of the boundary of the proposed municipality.

(c)Within seven business days after receiving a request under Subsection (2)(a), the lieutenant governor shall transmit the request to the Utah Population Committee.

(d)Within 20 days after receiving a written request from the lieutenant governor under Subsection (2)(c), the Utah Population Committee shall:

(i)determine whether, on the date the individual filed the request under Subsection (2)(a), the proposed municipality complied with the population, population density, and contiguity requirements described in Section 10-2a-201.5 ; and

(ii)provide a written notice of the determination to:

(A)the lieutenant governor; and

(B)the individual who submitted the request under Subsection (2)(a).

(e)An individual may not file a feasibility request under Subsection

(1)unless the Utah Population Committee determines that the proposed municipality complies with the population, population density, and contiguity requirements described in Section 10-2a-201.5 .

(f)A feasibility request may not be filed more than 30 days after the Utah Population Committee's written determination under Subsection (2)(d).

(3)The feasibility request shall include:

(a)the same description of the unincorporated area proposed to be incorporated as a municipality that was provided to the Utah Population Committee under Subsection (2)(b);

(b)a designation of up to five signers of the request as sponsors, one of whom is designated as the contact sponsor, with the mailing address and telephone number of each;

(c)an accurate map or plat, prepared by a licensed surveyor, showing the same legal description of the boundaries of the proposed municipality as was included with a request submitted to the Utah Population Committee under Subsection (2)(b);

(d)a copy of the Utah Population Committee's written determination under Subsection (2)(d); and

(e)a request that the lieutenant governor commission a study to determine the feasibility of incorporating the area as a municipality.

(4)The individual described in Subsection

(1)shall, on the day on which the individual files the feasibility request with the county clerk, provide to the lieutenant governor:

(a)written notice that the individual filed the feasibility request that indicates the day on which the individual filed the feasibility request; and

(b)a complete copy of the feasibility request, including a copy of the written determination by the Utah Population Committee under Subsection (2)(d).

(5)A feasibility request may not propose for incorporation an area that includes all or part of an area that is the subject of a completed feasibility study or supplemental feasibility study whose results comply with Subsection 10-2a-205 (5)(a) unless:

(a)the proposed incorporation that is the subject of the completed feasibility study or supplemental feasibility study has been defeated by the voters at an election under Section 10-2a-210 ; or

(b)the time described in Subsection 10-2a-208

(1)for filing an incorporation petition based on the completed feasibility study or supplemental feasibility study has elapsed without the sponsors filing an incorporation petition under Section 10-2a-208 .

(6)A feasibility request may not propose for incorporation an area that includes all or part of an area that is the subject of a completed feasibility study or supplemental feasibility study whose results comply with Subsection 10-2a-504 (4), unless the time described in Subsection 10-2a-507

(1)for filing a petition for incorporation based on the completed feasibility study or supplemental feasibility study has elapsed without the sponsors filing a petition for incorporation under Section 10-2a-507 .

(7)Sponsors may not file a feasibility request relating to the incorporation of a town if the cumulative private real property that the sponsors own exceeds 40% of the total private land area within the boundaries of the proposed town.

Amended by Chapter 342 , 2024 General Session

Amended by Chapter 518 , 2024 General Session

Amended by Chapter 534 , 2024 General Session