10-2a-501. Definitions.

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

Effective 5/7/2025

As used in this part:

(1)"Affordable housing" means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income of the applicable municipal or county statistical area for households of the same size.

(2)"Board," in relation to a preliminary municipality, means the same as a council described in Section 10-3b-402 .

(3)"Board chair," in relation to a preliminary municipality, means the same as a mayor described in Section 10-3b-402 .

(4)"Contiguous" means the same as that term is defined in Section 10-2a-102 .

(5)"Feasibility consultant" means a person or firm:

(a)with expertise in the processes and economics of local government; and

(b)who is independent of, and not affiliated with, a county or a sponsor of a petition to incorporate a preliminary municipality under this part.

(6)"Feasibility request" means a request, described in Section 10-2a-502 , for a feasibility study for the proposed incorporation of a preliminary municipality.

(7)"Initial landowners" means the persons who owned the land within the proposed preliminary municipality area when the person filed the feasibility request under Section 20A-1-501 .

(8)"Municipal service" means the same as that term is defined in Section 10-2a-102 .

(9)"Pending annexation area" means an area proposed for annexation in an annexation petition described in Section 10-2-806 that is filed before, and is still pending when, a person files the applicable request for a feasibility study under Section 10-2a-502 .

(10)"Primary sponsor contact" means:

(a)in relation to a feasibility request:

(i)the individual designated as the primary sponsor contact for a feasibility request under Subsection 10-2a-502 (5)(c); or

(ii)an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed; or

(b)in relation to a petition for incorporation of a preliminary municipality:

(i)the individual designated as the primary sponsor contact for a petition for incorporation of a preliminary municipality under Subsection 10-2a-507 (1)(d); or

(ii)an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed.

(11)"Private," in relation to real property, means taxable real property.

(12)"Proposed preliminary municipality area" means the area proposed for incorporation as a preliminary municipality in a feasibility request.

(13)"System infrastructure" means, as shown on the map or plat described in Subsection 10-2a-502 (5)(e) for the proposed preliminary municipal area:

(a)the main thoroughfares within the proposed preliminary municipal area, including the roads that connect the proposed preliminary municipality area to an existing road outside the proposed preliminary municipality area; and

(b)the main lines that will connect a utility to the proposed preliminary municipality area, including the stubs that will connect the main lines to the development in the proposed preliminary municipality area.

Amended by Chapter 399 , 2025 General Session