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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-507, 2024

Certain property owners may file an incorporation petition within one year after the required hearings are completed, if the petition includes specified information and supporting documents.

Source excerpt

bond/deposit/letter of creditcounty jurisdictionfeasibility requestincorporationinfrastructure completionmunicipal dissolutionmunicipal incorporationpetition filingproperty ownerspublic hearing costssurveying
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2024
Dates
Enacted 2024
More statute details
Dates
Enacted 2024
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01

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“Certain property owners may file an incorporation petition within one year after the required hearings are completed, if the petition includes specified information and supporting documents.”

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Petition for incorporation -- Requirements and form.

Certain property owners may file an incorporation petition within one year after the required hearings are completed, if the petition includes specified information and supporting documents.

Section 10-2a-507

Subsection 10-2a-507(1)(h)

A bond, cash deposit, or letter of credit must be posted by the initial landowners to secure completion of the system infrastructure within six years after they file the incorporation petition.

Section 10-2a-507(1)(h)

Subsection 10-2a-507(2)

If the preliminary municipality’s system infrastructure is not completed within six years after the initial landowners file a petition for incorporation, the unrefunded portion of the bond, cash deposit, or letter of credit forfeits to the preliminary…

Section 10-2a-507(2)

Subsection 10-2a-507(3)(d)

Initial landowners are liable to the county for damages caused by dissolution of the preliminary municipality.

Section 10-2a-507(3)(d)

04

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In force source record

Source record from le.utah.gov · Enacted 2024

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Showing 22 of 22 provisions

Provision 22

Part 10-2a-5

part 10-2a-5 Incorporation of a Preliminary Municipality

§ 10-2a-507Petition for incorporation -- Requirements and form.Provision

Source excerpt

Certain property owners may file an incorporation petition within one year after the required hearings are completed, if the petition includes specified information and supporting documents.

Petition for incorporation -- Requirements and form. At any time within one year after the day on which the lieutenant governor completes the public hearings required under Section 10-2a-506 , the owners of the property who filed the feasibility request under Section 10-2a-502 for the proposed preliminary municipality area may proceed with the incorporation process by filing a petition for incorporation of the proposed preliminary municipality that: includes the typed or printed name, signature, address, and phone number of the initial landowners; describes the proposed preliminary municipality area, as described in the feasibility request or the modified feasibility request; demonstrates compliance with Subsection 10-2a-504(4) ; states the proposed name for the proposed preliminary municipality; designates the primary sponsor contact for the proposed preliminary municipality; designates the board chair and three of the four board members who will serve as a five member council form of government for the preliminary municipality, described in Section 10-3b-402 , for the preliminary municipality; is accompanied by an accurate map or plat, prepared by a licensed surveyor, showing: the boundaries of the proposed preliminary municipality; a single development plan for the proposed municipality, depicting each phase of the development; is accompanied by a bond, cash deposit, or letter of credit that: is posted by the initial landowners; is in favor of the proposed preliminary municipality, to guarantee that the initial landowners will complete the system infrastructure no later than six years after the day on which the initial landowners file the petition for incorporation described in this section; and will be refunded to the initial landowners in percentages that reflect the progress toward completing the system infrastructure; and is accompanied by payment in full, from the initial landowners, of the costs incurred by the lieutenant governor for the feasibility study, the public notices, the hearings, and the other expenses incurred by the lieutenant governor to comply with the requirements of this part in relation to the proposed preliminary municipality. If, within six years after the day on which the initial landowners file a petition for incorporation under Subsection (1), the system infrastructure for the preliminary municipality is not completed, the portion of the bond, cash deposit, or letter of credit described in Subsection (1)(h) that has not been refunded to the initial landowners shall forfeit to the preliminary municipality. If, within four years after the day on which the first residential certificate of occupancy is issued for the development described in Subsection 10-2a-503(5)(e) , or six years after the day on which the initial landowners file a petition for incorporation under Subsection (1), the preliminary municipality has not transitioned to a town: the lieutenant governor shall issue a certificate dissolving the preliminary municipality; all roads and infrastructure within the preliminary municipality revert to the county in which the preliminary municipality is located; the area within the proposed municipality falls under the jurisdiction of the county and is no longer incorporated; and the initial landowners are liable to the county for damages caused to the county due to the dissolution of the preliminary municipality.
Section 10-2a-507Verify source
§ 10-2a-507(1)Subsection 10-2a-507(1)Provision

Source excerpt

Certain property owners may file a petition to start incorporation within one year after the lieutenant governor finishes the required public hearings, and the filing must include specified names, signatures, contact details, a description, a map, a development plan, financial security, and payment of the lieutenant governor’s costs.

At any time within one year after the day on which the lieutenant governor completes the public hearings required under Section 10-2a-506 , the owners of the property who filed the feasibility request under Section 10-2a-502 for the proposed preliminary municipality area may proceed with the incorporation process by filing a petition for incorporation of the proposed preliminary municipality that: includes the typed or printed name, signature, address, and phone number of the initial landowners; describes the proposed preliminary municipality area, as described in the feasibility request or the modified feasibility request; demonstrates compliance with Subsection 10-2a-504(4) ; states the proposed name for the proposed preliminary municipality; designates the primary sponsor contact for the proposed preliminary municipality; designates the board chair and three of the four board members who will serve as a five member council form of government for the preliminary municipality, described in Section 10-3b-402 , for the preliminary municipality; is accompanied by an accurate map or plat, prepared by a licensed surveyor, showing: the boundaries of the proposed preliminary municipality; a single development plan for the proposed municipality, depicting each phase of the development; is accompanied by a bond, cash deposit, or letter of credit that: is posted by the initial landowners; is in favor of the proposed preliminary municipality, to guarantee that the initial landowners will complete the system infrastructure no later than six years after the day on which the initial landowners file the petition for incorporation described in this section; and will be refunded to the initial landowners in percentages that reflect the progress toward completing the system infrastructure; and is accompanied by payment in full, from the initial landowners, of the costs incurred by the lieutenant governor for the feasibility study, the public notices, the hearings, and the other expenses incurred by the lieutenant governor to comply with the requirements of this part in relation to the proposed preliminary municipality.
Section 10-2a-507(1)Verify source
§ 10-2a-507(1)(a)Subsection 10-2a-507(1)(a)Provision

Source excerpt

includes the typed or printed name, signature, address, and phone number of the initial landowners;

includes the typed or printed name, signature, address, and phone number of the initial landowners;
Section 10-2a-507(1)(a)Verify source
§ 10-2a-507(1)(b)Subsection 10-2a-507(1)(b)Provision

Source excerpt

describes the proposed preliminary municipality area, as described in the feasibility request or the modified feasibility request;

describes the proposed preliminary municipality area, as described in the feasibility request or the modified feasibility request;
Section 10-2a-507(1)(b)Verify source
§ 10-2a-507(1)(c)Subsection 10-2a-507(1)(c)Provision

Source excerpt

demonstrates compliance with Subsection 10-2a-504(4) ;

demonstrates compliance with Subsection 10-2a-504(4) ;
Section 10-2a-507(1)(c)Verify source
§ 10-2a-507(1)(d)Subsection 10-2a-507(1)(d)Provision

Source excerpt

states the proposed name for the proposed preliminary municipality;

states the proposed name for the proposed preliminary municipality;
Section 10-2a-507(1)(d)Verify source
§ 10-2a-507(1)(e)Subsection 10-2a-507(1)(e)Provision

Source excerpt

This provision designates the primary sponsor contact for the proposed preliminary municipality.

designates the primary sponsor contact for the proposed preliminary municipality;
Section 10-2a-507(1)(e)Verify source
§ 10-2a-507(1)(f)Subsection 10-2a-507(1)(f)Provision

Source excerpt

It designates the board chair and three board members to serve on a five-member council form of government for the preliminary municipality.

designates the board chair and three of the four board members who will serve as a five member council form of government for the preliminary municipality, described in Section 10-3b-402 , for the preliminary municipality;
Section 10-2a-507(1)(f)Verify source
§ 10-2a-507(1)(g)Subsection 10-2a-507(1)(g)Provision

Source excerpt

is accompanied by an accurate map or plat, prepared by a licensed surveyor, showing: the boundaries of the proposed preliminary municipality; a single development plan for the proposed municipality, depicting each phase of the development;

is accompanied by an accurate map or plat, prepared by a licensed surveyor, showing: the boundaries of the proposed preliminary municipality; a single development plan for the proposed municipality, depicting each phase of the development;
Section 10-2a-507(1)(g)Verify source
§ 10-2a-507(1)(g)(i)Subsection 10-2a-507(1)(g)(i)Provision

Source excerpt

the boundaries of the proposed preliminary municipality;

the boundaries of the proposed preliminary municipality;
Section 10-2a-507(1)(g)(i)Verify source
§ 10-2a-507(1)(g)(ii)Subsection 10-2a-507(1)(g)(ii)Provision

Source excerpt

a single development plan for the proposed municipality, depicting each phase of the development;

a single development plan for the proposed municipality, depicting each phase of the development;
Section 10-2a-507(1)(g)(ii)Verify source
§ 10-2a-507(1)(h)Subsection 10-2a-507(1)(h)Provision

Source excerpt

A bond, cash deposit, or letter of credit must be posted by the initial landowners to secure completion of the system infrastructure within six years after they file the incorporation petition.

is accompanied by a bond, cash deposit, or letter of credit that: is posted by the initial landowners; is in favor of the proposed preliminary municipality, to guarantee that the initial landowners will complete the system infrastructure no later than six years after the day on which the initial landowners file the petition for incorporation described in this section; and will be refunded to the initial landowners in percentages that reflect the progress toward completing the system infrastructure; and
Section 10-2a-507(1)(h)Verify source
§ 10-2a-507(1)(h)(i)Subsection 10-2a-507(1)(h)(i)Provision

Source excerpt

is posted by the initial landowners;

is posted by the initial landowners;
Section 10-2a-507(1)(h)(i)Verify source
§ 10-2a-507(1)(h)(ii)Subsection 10-2a-507(1)(h)(ii)Provision

Source excerpt

The initial landowners must complete the system infrastructure no later than six years after filing the petition for incorporation.

is in favor of the proposed preliminary municipality, to guarantee that the initial landowners will complete the system infrastructure no later than six years after the day on which the initial landowners file the petition for incorporation described in this section; and
Section 10-2a-507(1)(h)(ii)Verify source
§ 10-2a-507(1)(h)(iii)Subsection 10-2a-507(1)(h)(iii)Provision

Source excerpt

will be refunded to the initial landowners in percentages that reflect the progress toward completing the system infrastructure; and

will be refunded to the initial landowners in percentages that reflect the progress toward completing the system infrastructure; and
Section 10-2a-507(1)(h)(iii)Verify source
§ 10-2a-507(1)(i)Subsection 10-2a-507(1)(i)Provision

Source excerpt

is accompanied by payment in full, from the initial landowners, of the costs incurred by the lieutenant governor for the feasibility study, the public notices, the hearings, and the other expenses incurred by the lieutenant governor to

is accompanied by payment in full, from the initial landowners, of the costs incurred by the lieutenant governor for the feasibility study, the public notices, the hearings, and the other expenses incurred by the lieutenant governor to comply with the requirements of this part in relation to the proposed preliminary municipality.
Section 10-2a-507(1)(i)Verify source
§ 10-2a-507(2)Subsection 10-2a-507(2)Provision

Source excerpt

If the preliminary municipality’s system infrastructure is not completed within six years after the initial landowners file a petition for incorporation, the unrefunded portion of the bond, cash deposit, or letter of credit forfeits to the preliminary municipality.

If, within six years after the day on which the initial landowners file a petition for incorporation under Subsection (1), the system infrastructure for the preliminary municipality is not completed, the portion of the bond, cash deposit, or letter of credit described in Subsection (1)(h) that has not been refunded to the initial landowners shall forfeit to the preliminary municipality.
Section 10-2a-507(2)Verify source
§ 10-2a-507(3)Subsection 10-2a-507(3)Provision

Source excerpt

If, within four years after the day on which the first residential certificate of occupancy is issued for the development described in Subsection 10-2a-503(5)(e) , or six years after the day on which the initial landowners file a petition

If, within four years after the day on which the first residential certificate of occupancy is issued for the development described in Subsection 10-2a-503(5)(e) , or six years after the day on which the initial landowners file a petition for incorporation under Subsection (1), the preliminary municipality has not transitioned to a town: the lieutenant governor shall issue a certificate dissolving the preliminary municipality; all roads and infrastructure within the preliminary municipality revert to the county in which the preliminary municipality is located; the area within the proposed municipality falls under the jurisdiction of the county and is no longer incorporated; and the initial landowners are liable to the county for damages caused to the county due to the dissolution of the preliminary municipality.
Section 10-2a-507(3)Verify source
§ 10-2a-507(3)(a)Subsection 10-2a-507(3)(a)Provision

Source excerpt

The lieutenant governor must issue a certificate dissolving the preliminary municipality.

the lieutenant governor shall issue a certificate dissolving the preliminary municipality;
Section 10-2a-507(3)(a)Verify source
§ 10-2a-507(3)(b)Subsection 10-2a-507(3)(b)Provision

Source excerpt

all roads and infrastructure within the preliminary municipality revert to the county in which the preliminary municipality is located;

all roads and infrastructure within the preliminary municipality revert to the county in which the preliminary municipality is located;
Section 10-2a-507(3)(b)Verify source
§ 10-2a-507(3)(c)Subsection 10-2a-507(3)(c)Provision

Source excerpt

the area within the proposed municipality falls under the jurisdiction of the county and is no longer incorporated; and

the area within the proposed municipality falls under the jurisdiction of the county and is no longer incorporated; and
Section 10-2a-507(3)(c)Verify source
§ 10-2a-507(3)(d)Subsection 10-2a-507(3)(d)Provision

Source excerpt

Initial landowners are liable to the county for damages caused by dissolution of the preliminary municipality.

the initial landowners are liable to the county for damages caused to the county due to the dissolution of the preliminary municipality.
Section 10-2a-507(3)(d)Verify source

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