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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-2a-509, 2024

A preliminary municipality has limited municipal powers, but cannot tax, receive sales-tax or gas-tax allocations, or use eminent domain. The county, engineer, and initial landowners have specific…

Source excerpt

gas taxinterlocal agreementsland usemunicipal powersroad maintenancesales taxtaxationutilitiesutility serviceszoningzoning and land use
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2024
Dates
Enacted 2024
More statute details
Dates
Enacted 2024
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“A preliminary municipality has limited municipal powers, but cannot tax, receive sales-tax or gas-tax allocations, or use eminent domain. The county, engineer, and initial landowners have specific appointment, notice, and replacement duties, and the municipality must maintain certain roadways and select an engineer bef”

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Subsection 10-2a-509(3)(a)

The engineer must notify the county and the lieutenant governor in writing within 14 days after the first residential certificate of occupancy is issued.

Section 10-2a-509(3)(a)

Subsection 10-2a-509(4)(a)

Subject to Subsection (4)(b), a preliminary municipality has all the powers and duties of a municipality.

Section 10-2a-509(4)(a)

Subsection 10-2a-509(5)

As needed, the county shall provide all services and utility connections to the preliminary municipality that the county provides other areas in the county if the preliminary municipality: pays the uniformly assessed rates for the services

Section 10-2a-509(5)

Subsection 10-2a-509(8)

Chapter 2, Classification, Boundaries, Consolidation, and Dissolution of Municipalities, does not apply to a preliminary municipality.

Section 10-2a-509(8)

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In force source record

Source record from le.utah.gov · Enacted 2024

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Showing 32 of 32 provisions

Provision 32

Part 10-2a-5

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

§ 10-2a-509Governance of preliminary municipality -- Utilities -- Road maintenance.Provision

Source excerpt

A preliminary municipality has limited municipal powers, but cannot tax, receive sales-tax or gas-tax allocations, or use eminent domain. The county, engineer, and initial landowners have specific appointment, notice, and replacement duties, and the municipality must maintain certain roadways and select an engineer before a town-transition petition.

Governance of preliminary municipality -- Utilities -- Road maintenance. Within 30 days after the day on which the lieutenant governor issues a certificate of incorporation described in Subsection 10-2a-508(1)(b)(i) , the county in which the preliminary municipality is located shall appoint one board member for the preliminary municipality. If the county fails to timely comply with Subsection (1)(a), the board chair and the three board members appointed under Subsection 10-2a-508(1)(b)(i) shall, by majority vote, appoint the final board member. The board chair and board members, described in Subsection (1), of a preliminary municipality: are not required to be residents of the preliminary municipality; and shall serve as the board for the preliminary municipality until replaced by election under Section 10-2a-510 . Within 14 days after the day on which the first residential certificate of occupancy is issued for the development described in Subsection 10-2a-503(5)(e) , the engineer described in Subsection 10-2a-509(6) , shall notify the county and the lieutenant governor, in writing: that the first residential certificate of occupancy has been issued for the preliminary municipality; of the date on which the first residential certificate of occupancy was issued; and of the physical address for which the first residential certificate of occupancy was issued. No later than the next municipal general election, or regular general election, that is at least 30 days after the date described in Subsection (3)(a)(ii), the initial landowners shall: replace the board chair or a board member with an individual who is a resident of the preliminary municipality; and notify the county and the lieutenant governor of the appointment, in writing. Subject to Subsection (4)(b), a preliminary municipality has all the powers and duties of a municipality. A preliminary municipality: may not impose a tax; may enter into an interlocal agreement with a special district to provide utility services to the preliminary municipality; has the same authority as another municipality to make decisions regarding zoning and land use; may not receive an allocation of sales tax or gas tax; and may not exercise eminent domain authority. As needed, the county shall provide all services and utility connections to the preliminary municipality that the county provides other areas in the county if the preliminary municipality: pays the uniformly assessed rates for the services and utilities and reasonable connection fees; and complies with the county's established regulations and specifications for the construction and connection of the local improvements. The preliminary municipality shall maintain and repair any roadway that, on the day on which the individual filed the feasibility request under Section 10-2a-502 : existed within the preliminary municipality; was within a public right of way that abuts the preliminary municipality; or was within 1/2 mile of the preliminary municipality and connected to, or was proposed in the feasibility request to be connected to, the preliminary municipality. Before the preliminary municipality submits a petition to transition to a town, the preliminary municipality shall select an independent third-party engineer to review and approve all building permit applications within the preliminary municipality to ensure compliance with the law. Chapter 2, Classification, Boundaries, Consolidation, and Dissolution of Municipalities, does not apply to a preliminary municipality.
Section 10-2a-509Verify source
§ 10-2a-509(1)Subsection 10-2a-509(1)Provision

Source excerpt

The county where the preliminary municipality is located must appoint one board member within 30 days after the lieutenant governor issues a certificate of incorporation. If the county does not do so on time, the board chair and the three already appointed board members must appoint the final board member by majority vote.

Within 30 days after the day on which the lieutenant governor issues a certificate of incorporation described in Subsection 10-2a-508(1)(b)(i) , the county in which the preliminary municipality is located shall appoint one board member for the preliminary municipality. If the county fails to timely comply with Subsection (1)(a), the board chair and the three board members appointed under Subsection 10-2a-508(1)(b)(i) shall, by majority vote, appoint the final board member.
Section 10-2a-509(1)Verify source
§ 10-2a-509(1)(a)Subsection 10-2a-509(1)(a)Provision

Source excerpt

Within 30 days after the day on which the lieutenant governor issues a certificate of incorporation described in Subsection 10-2a-508(1)(b)(i) , the county in which the preliminary municipality is located shall appoint one board member for

Within 30 days after the day on which the lieutenant governor issues a certificate of incorporation described in Subsection 10-2a-508(1)(b)(i) , the county in which the preliminary municipality is located shall appoint one board member for the preliminary municipality.
Section 10-2a-509(1)(a)Verify source
§ 10-2a-509(1)(b)Subsection 10-2a-509(1)(b)Provision

Source excerpt

If the county does not timely comply with Subsection (1)(a), the board chair and three appointed board members must appoint the final board member by majority vote.

If the county fails to timely comply with Subsection (1)(a), the board chair and the three board members appointed under Subsection 10-2a-508(1)(b)(i) shall, by majority vote, appoint the final board member.
Section 10-2a-509(1)(b)Verify source
§ 10-2a-509(2)Subsection 10-2a-509(2)Provision

Source excerpt

The preliminary municipality’s board chair and board members do not have to live in the preliminary municipality, and they serve as its board until replaced by election under Section 10-2a-510.

The board chair and board members, described in Subsection (1), of a preliminary municipality: are not required to be residents of the preliminary municipality; and shall serve as the board for the preliminary municipality until replaced by election under Section 10-2a-510 .
Section 10-2a-509(2)Verify source
§ 10-2a-509(2)(a)Subsection 10-2a-509(2)(a)Provision

Source excerpt

are not required to be residents of the preliminary municipality; and

are not required to be residents of the preliminary municipality; and
Section 10-2a-509(2)(a)Verify source
§ 10-2a-509(2)(b)Subsection 10-2a-509(2)(b)Provision

Source excerpt

An unspecified holder must serve as the board for the preliminary municipality until replaced by election under Section 10-2a-510.

shall serve as the board for the preliminary municipality until replaced by election under Section 10-2a-510 .
Section 10-2a-509(2)(b)Verify source
§ 10-2a-509(3)Subsection 10-2a-509(3)Provision

Source excerpt

The engineer must notify the county and lieutenant governor in writing within 14 days after the first residential certificate of occupancy is issued. The initial landowners must later replace the board chair or a board member with a resident of the preliminary municipality and notify the county and lieutenant governor in writing.

Within 14 days after the day on which the first residential certificate of occupancy is issued for the development described in Subsection 10-2a-503(5)(e) , the engineer described in Subsection 10-2a-509(6) , shall notify the county and the lieutenant governor, in writing: that the first residential certificate of occupancy has been issued for the preliminary municipality; of the date on which the first residential certificate of occupancy was issued; and of the physical address for which the first residential certificate of occupancy was issued. No later than the next municipal general election, or regular general election, that is at least 30 days after the date described in Subsection (3)(a)(ii), the initial landowners shall: replace the board chair or a board member with an individual who is a resident of the preliminary municipality; and notify the county and the lieutenant governor of the appointment, in writing.
Section 10-2a-509(3)Verify source
§ 10-2a-509(3)(a)Subsection 10-2a-509(3)(a)Provision

Source excerpt

The engineer must notify the county and the lieutenant governor in writing within 14 days after the first residential certificate of occupancy is issued.

Within 14 days after the day on which the first residential certificate of occupancy is issued for the development described in Subsection 10-2a-503(5)(e) , the engineer described in Subsection 10-2a-509(6) , shall notify the county and the lieutenant governor, in writing: that the first residential certificate of occupancy has been issued for the preliminary municipality; of the date on which the first residential certificate of occupancy was issued; and of the physical address for which the first residential certificate of occupancy was issued.
Section 10-2a-509(3)(a)Verify source
§ 10-2a-509(3)(a)(i)Subsection 10-2a-509(3)(a)(i)Provision

Source excerpt

that the first residential certificate of occupancy has been issued for the preliminary municipality;

that the first residential certificate of occupancy has been issued for the preliminary municipality;
Section 10-2a-509(3)(a)(i)Verify source
§ 10-2a-509(3)(a)(ii)Subsection 10-2a-509(3)(a)(ii)Provision

Source excerpt

of the date on which the first residential certificate of occupancy was issued; and

of the date on which the first residential certificate of occupancy was issued; and
Section 10-2a-509(3)(a)(ii)Verify source
§ 10-2a-509(3)(a)(iii)Subsection 10-2a-509(3)(a)(iii)Provision

Source excerpt

of the physical address for which the first residential certificate of occupancy was issued.

of the physical address for which the first residential certificate of occupancy was issued.
Section 10-2a-509(3)(a)(iii)Verify source
§ 10-2a-509(3)(b)Subsection 10-2a-509(3)(b)Provision

Source excerpt

The initial landowners must, by the next qualifying municipal or regular general election, replace the board chair or a board member with a resident of the preliminary municipality and notify the county and lieutenant governor in writing.

No later than the next municipal general election, or regular general election, that is at least 30 days after the date described in Subsection (3)(a)(ii), the initial landowners shall: replace the board chair or a board member with an individual who is a resident of the preliminary municipality; and notify the county and the lieutenant governor of the appointment, in writing.
Section 10-2a-509(3)(b)Verify source
§ 10-2a-509(3)(b)(i)Subsection 10-2a-509(3)(b)(i)Provision

Source excerpt

replace the board chair or a board member with an individual who is a resident of the preliminary municipality; and

replace the board chair or a board member with an individual who is a resident of the preliminary municipality; and
Section 10-2a-509(3)(b)(i)Verify source
§ 10-2a-509(3)(b)(ii)Subsection 10-2a-509(3)(b)(ii)Provision

Source excerpt

The appointment must be notified in writing to the county and the lieutenant governor.

notify the county and the lieutenant governor of the appointment, in writing.
Section 10-2a-509(3)(b)(ii)Verify source
§ 10-2a-509(4)Subsection 10-2a-509(4)Provision

Source excerpt

A preliminary municipality has municipal powers and duties, but it may not impose a tax, receive sales or gas tax allocations, or exercise eminent domain. It may enter an interlocal agreement with a special district for utility services and has the same zoning and land-use decision authority as another municipality.

Subject to Subsection (4)(b), a preliminary municipality has all the powers and duties of a municipality. A preliminary municipality: may not impose a tax; may enter into an interlocal agreement with a special district to provide utility services to the preliminary municipality; has the same authority as another municipality to make decisions regarding zoning and land use; may not receive an allocation of sales tax or gas tax; and may not exercise eminent domain authority.
Section 10-2a-509(4)Verify source
§ 10-2a-509(4)(a)Subsection 10-2a-509(4)(a)Provision

Source excerpt

Subject to Subsection (4)(b), a preliminary municipality has all the powers and duties of a municipality.

Subject to Subsection (4)(b), a preliminary municipality has all the powers and duties of a municipality.
Section 10-2a-509(4)(a)Verify source
§ 10-2a-509(4)(b)Subsection 10-2a-509(4)(b)Provision

Source excerpt

A preliminary municipality may enter into an interlocal agreement for utility services, but may not impose a tax, receive sales or gas tax allocations, or exercise eminent domain authority.

A preliminary municipality: may not impose a tax; may enter into an interlocal agreement with a special district to provide utility services to the preliminary municipality; has the same authority as another municipality to make decisions regarding zoning and land use; may not receive an allocation of sales tax or gas tax; and may not exercise eminent domain authority.
Section 10-2a-509(4)(b)Verify source
§ 10-2a-509(4)(b)(i)Subsection 10-2a-509(4)(b)(i)Provision

Source excerpt

may not impose a tax;

may not impose a tax;
Section 10-2a-509(4)(b)(i)Verify source
§ 10-2a-509(4)(b)(ii)Subsection 10-2a-509(4)(b)(ii)Provision

Source excerpt

An actor may enter into an interlocal agreement with a special district to provide utility services to the preliminary municipality.

may enter into an interlocal agreement with a special district to provide utility services to the preliminary municipality;
Section 10-2a-509(4)(b)(ii)Verify source
§ 10-2a-509(4)(b)(iii)Subsection 10-2a-509(4)(b)(iii)Provision

Source excerpt

has the same authority as another municipality to make decisions regarding zoning and land use;

has the same authority as another municipality to make decisions regarding zoning and land use;
Section 10-2a-509(4)(b)(iii)Verify source
§ 10-2a-509(4)(b)(iv)Subsection 10-2a-509(4)(b)(iv)Provision

Source excerpt

may not receive an allocation of sales tax or gas tax; and

may not receive an allocation of sales tax or gas tax; and
Section 10-2a-509(4)(b)(iv)Verify source
§ 10-2a-509(4)(b)(v)Subsection 10-2a-509(4)(b)(v)Provision

Source excerpt

may not exercise eminent domain authority.

may not exercise eminent domain authority.
Section 10-2a-509(4)(b)(v)Verify source
§ 10-2a-509(5)Subsection 10-2a-509(5)Provision

Source excerpt

As needed, the county shall provide all services and utility connections to the preliminary municipality that the county provides other areas in the county if the preliminary municipality: pays the uniformly assessed rates for the services

As needed, the county shall provide all services and utility connections to the preliminary municipality that the county provides other areas in the county if the preliminary municipality: pays the uniformly assessed rates for the services and utilities and reasonable connection fees; and complies with the county's established regulations and specifications for the construction and connection of the local improvements.
Section 10-2a-509(5)Verify source
§ 10-2a-509(5)(a)Subsection 10-2a-509(5)(a)Provision

Source excerpt

pays the uniformly assessed rates for the services and utilities and reasonable connection fees; and

pays the uniformly assessed rates for the services and utilities and reasonable connection fees; and
Section 10-2a-509(5)(a)Verify source
§ 10-2a-509(5)(b)Subsection 10-2a-509(5)(b)Provision

Source excerpt

complies with the county's established regulations and specifications for the construction and connection of the local improvements.

complies with the county's established regulations and specifications for the construction and connection of the local improvements.
Section 10-2a-509(5)(b)Verify source
§ 10-2a-509(6)Subsection 10-2a-509(6)Provision

Source excerpt

The preliminary municipality must maintain and repair certain roadways that meet the stated location and connection conditions.

The preliminary municipality shall maintain and repair any roadway that, on the day on which the individual filed the feasibility request under Section 10-2a-502 : existed within the preliminary municipality; was within a public right of way that abuts the preliminary municipality; or was within 1/2 mile of the preliminary municipality and connected to, or was proposed in the feasibility request to be connected to, the preliminary municipality.
Section 10-2a-509(6)Verify source
§ 10-2a-509(6)(a)Subsection 10-2a-509(6)(a)Provision

Source excerpt

existed within the preliminary municipality;

existed within the preliminary municipality;
Section 10-2a-509(6)(a)Verify source
§ 10-2a-509(6)(b)Subsection 10-2a-509(6)(b)Provision

Source excerpt

was within a public right of way that abuts the preliminary municipality; or

was within a public right of way that abuts the preliminary municipality; or
Section 10-2a-509(6)(b)Verify source
§ 10-2a-509(6)(c)Subsection 10-2a-509(6)(c)Provision

Source excerpt

The text describes property or location criteria: something was within 1/2 mile of the preliminary municipality and connected to, or proposed in the feasibility request to be connected to, that municipality.

was within 1/2 mile of the preliminary municipality and connected to, or was proposed in the feasibility request to be connected to, the preliminary municipality.
Section 10-2a-509(6)(c)Verify source
§ 10-2a-509(7)Subsection 10-2a-509(7)Provision

Source excerpt

Before petitioning to transition to a town, the preliminary municipality must select an independent third-party engineer to review and approve all building permit applications within the municipality.

Before the preliminary municipality submits a petition to transition to a town, the preliminary municipality shall select an independent third-party engineer to review and approve all building permit applications within the preliminary municipality to ensure compliance with the law.
Section 10-2a-509(7)Verify source
§ 10-2a-509(8)Subsection 10-2a-509(8)Provision

Source excerpt

Chapter 2, Classification, Boundaries, Consolidation, and Dissolution of Municipalities, does not apply to a preliminary municipality.

Chapter 2, Classification, Boundaries, Consolidation, and Dissolution of Municipalities, does not apply to a preliminary municipality.
Section 10-2a-509(8)Verify source

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