United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-202

Feasibility request -- Requirements -- Limitations.-- Request to Utah Population Committee. Subject to Subsection (2), the process to incorporate an unincorporated area as a municipality is initiated by an individual…

feasibility requestfiling deadlinesmunicipal incorporationpetition requirementspopulation requirements

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“Feasibility request -- Requirements -- Limitations.-- Request to Utah Population Committee. Subject to Subsection (2), the process to incorporate an unincorporated area as a municipality is initiated by an individual filing a feasibility”

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Subsection 10-2a-202(2)(a)

Before filing a feasibility request under Subsection (1), an individual must submit a written request to the Utah Population Committee through the lieutenant governor.

Section 10-2a-202(2)(a)

Subsection 10-2a-202(3)(d)

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

Section 10-2a-202(3)(d)

Subsection 10-2a-202(7)

Sponsors may not file a feasibility request to incorporate a town if they own more than 40% of the private land area in the proposed town.

Section 10-2a-202(7)

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Showing 36 of 36 provisions

Provision 36

Part 10-2a-2

part 10-2a-2 Incorporation of a Municipality

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

Feasibility request -- Requirements -- Limitations.-- Request to Utah Population Committee. Subject to Subsection (2), the process to incorporate an unincorporated area as a municipality is initiated by an individual filing a feasibility

Feasibility request -- Requirements -- Limitations.-- Request to Utah Population Committee. 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 : includes the signatures of the owners of private real property that: is located within the area proposed to be incorporated; covers at least 10% of the total private land area within the area; and 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; includes the typed or printed name and current residence address of each owner signing the request; and is accompanied by the Utah Population Committee's written notice under Subsection (2)(d)(ii). 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. A written request under Subsection (2)(a) shall: 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 ; provide a description of the contiguous area proposed to be incorporated as a municipality; and be accompanied by an accurate map or plat, prepared by a licensed surveyor, showing a legal description of the boundary of the proposed municipality. Within seven business days after receiving a request under Subsection (2)(a), the lieutenant governor shall transmit the request to the Utah Population Committee. Within 20 days after receiving a written request from the lieutenant governor under Subsection (2)(c), the Utah Population Committee shall: 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 provide a written notice of the determination to: the lieutenant governor; and the individual who submitted the request under Subsection (2)(a). 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 . A feasibility request may not be filed more than 30 days after the Utah Population Committee's written determination under Subsection (2)(d). The feasibility request shall include: 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); 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; 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); a copy of the Utah Population Committee's written determination under Subsection (2)(d); and a request that the lieutenant governor commission a study to determine the feasibility of incorporating the area as a municipality. 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: written notice that the individual filed the feasibility request that indicates the day on which the individual filed the feasibility request; and a complete copy of the feasibility request, including a copy of the written determination by the Utah Population Committee under Subsection (2)(d). 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: 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 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 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 . 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.
Section 10-2a-202Verify source
§ 10-2a-202(1)Subsection 10-2a-202(1)Provision

A person starts the municipality incorporation process by filing a feasibility request with the county clerk, but only if the request includes qualifying property-owner signatures and the required notice.

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 : includes the signatures of the owners of private real property that: is located within the area proposed to be incorporated; covers at least 10% of the total private land area within the area; and 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; includes the typed or printed name and current residence address of each owner signing the request; and is accompanied by the Utah Population Committee's written notice under Subsection (2)(d)(ii).
Section 10-2a-202(1)Verify source
§ 10-2a-202(1)(a)Subsection 10-2a-202(1)(a)Provision

The provision requires signatures from owners of private real property meeting specified location, land-area, and value thresholds.

includes the signatures of the owners of private real property that: is located within the area proposed to be incorporated; covers at least 10% of the total private land area within the area; and 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;
Section 10-2a-202(1)(a)Verify source
§ 10-2a-202(1)(a)(i)Subsection 10-2a-202(1)(a)(i)Provision

is located within the area proposed to be incorporated;

is located within the area proposed to be incorporated;
Section 10-2a-202(1)(a)(i)Verify source
§ 10-2a-202(1)(a)(ii)Subsection 10-2a-202(1)(a)(ii)Provision

A threshold of at least 10% of the total private land area within the area applies.

covers at least 10% of the total private land area within the area; and
Section 10-2a-202(1)(a)(ii)Verify source
§ 10-2a-202(1)(a)(iii)Subsection 10-2a-202(1)(a)(iii)Provision

It says the assessed fair market value must, as of January 1 of the current year, be at least 7% of the assessed fair market value of all private real property within the area.

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;
Section 10-2a-202(1)(a)(iii)Verify source
§ 10-2a-202(1)(b)Subsection 10-2a-202(1)(b)Provision

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

includes the typed or printed name and current residence address of each owner signing the request; and
Section 10-2a-202(1)(b)Verify source
§ 10-2a-202(1)(c)Subsection 10-2a-202(1)(c)Provision

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

is accompanied by the Utah Population Committee's written notice under Subsection (2)(d)(ii).
Section 10-2a-202(1)(c)Verify source
§ 10-2a-202(2)Subsection 10-2a-202(2)Provision

An individual must first submit a written request to the lieutenant governor for the Utah Population Committee, and later filing is blocked until the committee determines the proposed municipality meets the stated requirements.

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. A written request under Subsection (2)(a) shall: 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 ; provide a description of the contiguous area proposed to be incorporated as a municipality; and be accompanied by an accurate map or plat, prepared by a licensed surveyor, showing a legal description of the boundary of the proposed municipality. Within seven business days after receiving a request under Subsection (2)(a), the lieutenant governor shall transmit the request to the Utah Population Committee. Within 20 days after receiving a written request from the lieutenant governor under Subsection (2)(c), the Utah Population Committee shall: 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 provide a written notice of the determination to: the lieutenant governor; and the individual who submitted the request under Subsection (2)(a). 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 . A feasibility request may not be filed more than 30 days after the Utah Population Committee's written determination under Subsection (2)(d).
Section 10-2a-202(2)Verify source
§ 10-2a-202(2)(a)Subsection 10-2a-202(2)(a)Provision

Before filing a feasibility request under Subsection (1), an individual must submit a written request to the Utah Population Committee through the lieutenant governor.

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.
Section 10-2a-202(2)(a)Verify source
§ 10-2a-202(2)(b)Subsection 10-2a-202(2)(b)Provision

A written request under Subsection (2)(a) must ask the Utah Population Committee to determine compliance with certain requirements, describe the contiguous area, and include an accurate surveyor-prepared map or plat.

A written request under Subsection (2)(a) shall: 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 ; provide a description of the contiguous area proposed to be incorporated as a municipality; and be accompanied by an accurate map or plat, prepared by a licensed surveyor, showing a legal description of the boundary of the proposed municipality.
Section 10-2a-202(2)(b)Verify source
§ 10-2a-202(2)(b)(i)Subsection 10-2a-202(2)(b)(i)Provision

A requester must ask the Utah Population Committee to determine whether the proposed municipality met certain population, density, and contiguity requirements on the date the request was filed.

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 ;
Section 10-2a-202(2)(b)(i)Verify source
§ 10-2a-202(2)(b)(ii)Subsection 10-2a-202(2)(b)(ii)Provision

A person must provide a description of the contiguous area proposed to be incorporated as a municipality.

provide a description of the contiguous area proposed to be incorporated as a municipality; and
Section 10-2a-202(2)(b)(ii)Verify source
§ 10-2a-202(2)(b)(iii)Subsection 10-2a-202(2)(b)(iii)Provision

The filing must include an accurate map or plat prepared by a licensed surveyor that shows the legal boundary description of the proposed municipality.

be accompanied by an accurate map or plat, prepared by a licensed surveyor, showing a legal description of the boundary of the proposed municipality.
Section 10-2a-202(2)(b)(iii)Verify source
§ 10-2a-202(2)(c)Subsection 10-2a-202(2)(c)Provision

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

Within seven business days after receiving a request under Subsection (2)(a), the lieutenant governor shall transmit the request to the Utah Population Committee.
Section 10-2a-202(2)(c)Verify source
§ 10-2a-202(2)(d)Subsection 10-2a-202(2)(d)Provision

Within 20 days after receiving a written request from the lieutenant governor under Subsection (2)(c), the Utah Population Committee shall: determine whether, on the date the individual filed the request under Subsection (2)(a), the

Within 20 days after receiving a written request from the lieutenant governor under Subsection (2)(c), the Utah Population Committee shall: 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 provide a written notice of the determination to: the lieutenant governor; and the individual who submitted the request under Subsection (2)(a).
Section 10-2a-202(2)(d)Verify source
§ 10-2a-202(2)(d)(i)Subsection 10-2a-202(2)(d)(i)Provision

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

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
Section 10-2a-202(2)(d)(i)Verify source
§ 10-2a-202(2)(d)(ii)Subsection 10-2a-202(2)(d)(ii)Provision

provide a written notice of the determination to: the lieutenant governor; and the individual who submitted the request under Subsection (2)(a).

provide a written notice of the determination to: the lieutenant governor; and the individual who submitted the request under Subsection (2)(a).
Section 10-2a-202(2)(d)(ii)Verify source
§ 10-2a-202(2)(d)(ii)(A)Subsection 10-2a-202(2)(d)(ii)(A)Provision

the lieutenant governor; and

the lieutenant governor; and
Section 10-2a-202(2)(d)(ii)(A)Verify source
§ 10-2a-202(2)(d)(ii)(B)Subsection 10-2a-202(2)(d)(ii)(B)Provision

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

the individual who submitted the request under Subsection (2)(a).
Section 10-2a-202(2)(d)(ii)(B)Verify source
§ 10-2a-202(2)(e)Subsection 10-2a-202(2)(e)Provision

An individual may not file a feasibility request unless the Utah Population Committee determines the proposed municipality meets the population, population density, and contiguity requirements in Section 10-2a-201.5.

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 .
Section 10-2a-202(2)(e)Verify source
§ 10-2a-202(2)(f)Subsection 10-2a-202(2)(f)Provision

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

A feasibility request may not be filed more than 30 days after the Utah Population Committee's written determination under Subsection (2)(d).
Section 10-2a-202(2)(f)Verify source
§ 10-2a-202(3)Subsection 10-2a-202(3)Provision

A feasibility request must include specific documents and details about the proposed municipality, including sponsor information, a licensed-surveyor map or plat, the Utah Population Committee’s written determination, and a request for the lieutenant governor to commission a feasibility study.

The feasibility request shall include: 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); 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; 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); a copy of the Utah Population Committee's written determination under Subsection (2)(d); and a request that the lieutenant governor commission a study to determine the feasibility of incorporating the area as a municipality.
Section 10-2a-202(3)Verify source
§ 10-2a-202(3)(a)Subsection 10-2a-202(3)(a)Provision

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);

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);
Section 10-2a-202(3)(a)Verify source
§ 10-2a-202(3)(b)Subsection 10-2a-202(3)(b)Provision

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;

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;
Section 10-2a-202(3)(b)Verify source
§ 10-2a-202(3)(c)Subsection 10-2a-202(3)(c)Provision

The map or plat must be prepared by a licensed surveyor and show the same legal boundary description as the request submitted to the Utah Population Committee under Subsection (2)(b).

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);
Section 10-2a-202(3)(c)Verify source
§ 10-2a-202(3)(d)Subsection 10-2a-202(3)(d)Provision

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

a copy of the Utah Population Committee's written determination under Subsection (2)(d); and
Section 10-2a-202(3)(d)Verify source
§ 10-2a-202(3)(e)Subsection 10-2a-202(3)(e)Provision

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

a request that the lieutenant governor commission a study to determine the feasibility of incorporating the area as a municipality.
Section 10-2a-202(3)(e)Verify source
§ 10-2a-202(4)Subsection 10-2a-202(4)Provision

The individual described in Subsection (1) must give the lieutenant governor written notice and a complete copy of the feasibility request on the same day the request is filed with the county clerk.

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: written notice that the individual filed the feasibility request that indicates the day on which the individual filed the feasibility request; and a complete copy of the feasibility request, including a copy of the written determination by the Utah Population Committee under Subsection (2)(d).
Section 10-2a-202(4)Verify source
§ 10-2a-202(4)(a)Subsection 10-2a-202(4)(a)Provision

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

written notice that the individual filed the feasibility request that indicates the day on which the individual filed the feasibility request; and
Section 10-2a-202(4)(a)Verify source
§ 10-2a-202(4)(b)Subsection 10-2a-202(4)(b)Provision

The feasibility request must include a complete copy of the written determination by the Utah Population Committee under Subsection (2)(d).

a complete copy of the feasibility request, including a copy of the written determination by the Utah Population Committee under Subsection (2)(d).
Section 10-2a-202(4)(b)Verify source
§ 10-2a-202(5)Subsection 10-2a-202(5)Provision

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

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: 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 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 .
Section 10-2a-202(5)Verify source
§ 10-2a-202(5)(a)Subsection 10-2a-202(5)(a)Provision

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

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
Section 10-2a-202(5)(a)Verify source
§ 10-2a-202(5)(b)Subsection 10-2a-202(5)(b)Provision

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

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 .
Section 10-2a-202(5)(b)Verify source
§ 10-2a-202(6)Subsection 10-2a-202(6)Provision

A feasibility request may not propose incorporation of an area covered by a completed or supplemental feasibility study, unless the filing time for a related incorporation petition has passed without a petition being filed.

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 .
Section 10-2a-202(6)Verify source
§ 10-2a-202(7)Subsection 10-2a-202(7)Provision

Sponsors may not file a feasibility request to incorporate a town if they own more than 40% of the private land area in the proposed town.

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.
Section 10-2a-202(7)Verify source

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