Section 202 - Request for feasibility study -- Requirements -- Limitations.

UT Code § 10-2a-202 (2019) (N/A)
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(1) The process to incorporate a contiguous area of a county as a municipality is initiated by an individual filing a request for a feasibility study with the Office of the Lieutenant Governor that: (a) is signed by 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 equal in value to at least 7% of the value of all private real property within the area; (b) indicates the typed or printed name and current residence address of each owner signing the request; (c) describes the contiguous area proposed to be incorporated as a municipality; (d) designates 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; (e) is accompanied by and circulated with an accurate map or plat, prepared by a licensed surveyor, showing a legal description of the boundaries of the proposed municipality; and (f) requests the lieutenant governor to commission a study to determine the feasibility of incorporating the area as a municipality.

(a) is signed by 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 equal in value to at least 7% of the value of all private real property within the area;

(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 equal in value to at least 7% of the value of all private real property within the area;

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

(c) describes the contiguous area proposed to be incorporated as a municipality;

(d) designates 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;

(e) is accompanied by and circulated with an accurate map or plat, prepared by a licensed surveyor, showing a legal description of the boundaries of the proposed municipality; and

(f) requests the lieutenant governor to commission a study to determine the feasibility of incorporating the area as a municipality.

(2) A request for a feasibility study under this section may not propose for incorporation an area that includes some or all of an area that is the subject of a completed feasibility study or supplemental feasibility study whose results comply with Subsection 10-2a-205(6)(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.

(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.

(3) Sponsors may not file a request under this section regarding 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.