Utah Code § 10-2-807 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-807
§ 10-2-807. Acceptance or denial of an annexation petition -- Petition certification process -- Modified petition.
Status: in_force

(1) (a) (i) A municipal legislative body may: (A) subject to Subsection (1)(a)(ii), deny a petition filed under Section 10-2-806; or (B) accept the petition for further consideration under this part. (ii) A petition shall be considered to have been accepted for further consideration under this part if a municipal legislative body fails to deny or accept the petition under Subsection (1)(a)(i): (A) in the case of a city of the first or second class, within 14 days after the petition is filed; or (B) in the case of a city of the third, fourth, or fifth class or a town, at the next regularly scheduled meeting of the municipal legislative body that is at least 14 days after the date the petition was filed. (b) If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall, within five days after the denial, mail written notice of the denial to: (i) the contact sponsor; and (ii) the county clerk of the county in which the area proposed for annexation is located. (2) If the municipal legislative body accepts a petition under Subsection (1)(a)(i)(B) or is considered to have accepted the petition under Subsection (1)(a)(ii), the municipal records officer shall, within 30 days after the day of acceptance: (a) obtain from the assessor, clerk, surveyor, and recorder of the county in which the area proposed for annexation is located the records the municipal records officer needs to determine whether the petition meets the requirements of Subsections 10-2-806(3) and (4); (b) with the assistance of the municipal attorney, determine whether the petition meets the requirements of Subsections 10-2-806(3) and (4); and (c) (i) if the municipal records officer determines that the petition meets the requirements described in Subsection (2)(b), certify the petition and mail or deliver written notification to: (A) the municipal legislative body; (B) the contact sponsor; and (C) the county legislative body; or (ii) if the municipal records officer determines that the petition fails to meet a requirement described in Subsection (2)(b), reject the petition and mail or deliver written notification of the rejection and the reasons for the rejection to: (A) the municipal legislative body; (B) the contact sponsor; and (C) the county legislative body. (3) The day the municipal records officer mails or delivers written notification of the certification, as described in Subsection (2)(c)(i), is the day of certification. (4) (a) (i) If the municipal records officer rejects a petition under Subsection (2)(c)(ii), the petition sponsor may modify the petition to correct the deficiencies for which it was rejected and refile the petition with the municipal records officer. (ii) A signature on an annexation petition filed under Section 10-2-806 may be used toward fulfilling the signature requirement of Subsection 10-2-806(2)(b) for the petition as modified under Subsection (4)(a)(i). (b) If a petition is refiled under Subsection (4)(a) after having been rejected by the municipal records officer under Subsection (2)(c)(ii), the refiled petition shall be treated as a newly filed petition under Subsection 10-2-806(1). (5) Any vote by a municipal legislative body to deny a petition under this part may be recalled and set for reconsideration by a majority of the voting members of the municipal legislative body. (6) Each county assessor, clerk, surveyor, and recorder shall provide copies of records that a municipal records officer requests under Subsection (2)(a).
Utah Code § 10-2-710 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-710
§ 10-2-710. Limitation on jurisdiction of court to consider disincorporation petition.
Status: in_force

A court may not consider a petition seeking disincorporation of a municipality or to order an election based upon the submission of such a petition if: (1) the disincorporation petition is filed with the court less than two years after the official date of incorporation of the municipality which the petition seeks to dissolve; or (2) the disincorporation petition is filed with the court less than two years after the date of an election held to decide the question of dissolution of the municipality which the petition seeks to dissolve.
Utah Code § 10-1-205 — Utah Code / Title 10 / Chapter 10-1 / § 10-1-205
§ 10-1-205. Training requirements.
Status: in_force

A municipality shall ensure that any training that the municipality requires of a municipal officer or employee complies with Title 63G, Chapter 22, State Training and Certification Requirements.
Utah Code § 10-2-608 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-608
§ 10-2-608. Contents of notice.
Status: in_force

The notice required in the preceding section shall contain a summary of: (1) the contents of the resolutions or petitions for consolidation; (2) the consolidation plan; (3) where the resolutions or petitions and consolidation plan can be found; (4) the time and place where public hearings on the question of consolidation will be held and shall state that any interested person may be heard on the question of consolidation and on the plan for consolidation; (5) a description of the territory and the names of the municipalities which will be included within the proposed consolidated municipality which descriptions may be by any means which describe the territories involved; (6) the time and place or places at which the election for consolidation shall be held; and (7) the form of the ballot to be used in the election to determine the question of consolidation which shall read substantially as follows:______________________________________________________________________________Shall the municipality of ________YESbe consolidated with themunicipality (or municipalities) of ________NO______________________________________________________________________________The voters shall mark their ballots with a cross (x) opposite the words "yes" or "no."
Utah Code § 10-8-30 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-30
§ 10-8-30. Traffic regulations.
Status: in_force

They may regulate the movement of traffic on the streets, sidewalks and public places, including the movement of pedestrians as well as of vehicles, and the cars and engines of railroads, street railroads and tramways, and may prevent racing and immoderate driving or riding.
Utah Code § 10-7-20.5 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-20.5
§ 10-7-20.5. Restrictions on municipality procurement of architect-engineer services.
Status: in_force

(1) As used in this section, "architect-engineer services" means those professional services within the scope of the practice of architecture as defined in Section 58-3a-102, or professional engineering as defined in Section 58-22-102. (2) When a municipality elects to obtain architect or engineering services by using a competitive procurement process and has provided public notice of its competitive procurement process: (a) a higher education entity, or any part of one, may not submit a proposal in response to the municipality's competitive procurement process; and (b) the municipality may not award a contract to perform the architect or engineering services solicited in the competitive procurement process to a higher education entity or any part of one.
Utah Code § 10-2a-505 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-505
§ 10-2a-505. Modified feasibility request -- Supplemental feasibility study.
Status: in_force

(1) (a) The sponsors of a feasibility request may modify the request to alter the boundaries of the proposed preliminary municipality area and refile the modified feasibility request with the lieutenant governor if: (i) the results of the feasibility study do not comply with Subsection 10-2a-504(5)(a); or (ii) (A) the feasibility request complies with Subsection 10-2a-502(3)(a); (B) the annexation petition described in Subsection 10-2a-502(3)(a) that proposed the annexation of an area that is part of the proposed preliminary municipality area has been denied; and (C) a petition for incorporation described in Section 10-2a-507, based on the feasibility request, has not been filed. (b) (i) The sponsors of a feasibility request may not file a modified request under Subsection (1)(a)(i) more than 90 days after the day on which the feasibility consultant submits the final results of the feasibility study under Subsection 10-2a-504(2)(c)(iii). (ii) The sponsors of a feasibility request may not file a modified request under Subsection (1)(a)(ii) more than 18 months after filing the original feasibility request under Section 10-2a-502. (c) A modified feasibility request under Subsection (1)(a) shall comply with Subsections 10-2a-502(1) through (4). (d) Within 20 days after the day on which the lieutenant governor receives the modified request, the lieutenant governor shall follow the same procedure described in Subsections 10-2a-503(1) through (4) for the modified feasibility request as for an original feasibility request. (2) The timely filing of a modified feasibility request under Subsection (1) gives the modified feasibility request the same processing priority under Subsection 10-2a-503(6) as the original feasibility request. (3) The sponsors of a feasibility request may not file a modified feasibility request under Subsection (1)(a)(i) more than once. (4) Within 10 days after the day on which the county clerk receives a modified feasibility request under Subsection (1)(a) that relates to a request for which a feasibility study has already been completed, the lieutenant governor shall commission the feasibility consultant who conducted the feasibility study to conduct a supplemental feasibility study that accounts for the modified feasibility request. (5) The lieutenant governor shall require the feasibility consultant to: (a) submit a draft of the supplemental feasibility study to each applicable person with whom the feasibility consultant is required to consult under Subsection 10-2a-504(3)(c) within 30 days after the day on which the feasibility consultant is engaged to conduct the supplemental study; (b) allow each person to whom the consultant provided a draft under Subsection (5)(a) to review and provide comment on the draft; and (c) submit a completed supplemental feasibility study, to the following within 45 days after the day on which the feasibility consultant is engaged to conduct the feasibility study: (i) the lieutenant governor; (ii) the county legislative body of the county in which the incorporation is proposed; (iii) the primary sponsor contact; and (iv) each person to whom the consultant provided a draft under Subsection (5)(a). (6) (a) Subject to Subsections (3) and (6)(b), if the results of the supplemental feasibility study do not comply with Subsection 10-2a-504(4), the sponsors may further modify the request in accordance with Subsection (1). (b) Subsections (1)(d), (4), and (5) apply to a modified feasibility request described in Subsection (6)(a). (c) The lieutenant governor shall consider a modified feasibility request described in Subsection (6)(a) as an original feasibility request for purposes of determining the modified feasibility request's processing priority under Subsection 10-2a-503(6).
Utah Code § 10-7-29 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-29
§ 10-7-29. Railway companies to repave streets.
Status: in_force

(1) All railway companies shall be required to pave or repave at their own cost all the space between their different rails and tracks and also a space two feet wide outside of the outer rails of the outside tracks in any city or town, including all sidetracks, crossings and turnouts used by such companies. (2) Where two or more companies occupy the same street or alley with separate tracks each company shall be responsible for its proportion of the surface of the street or alley occupied by all the parallel tracks as herein required. (3) Such paving or repaving by such railway companies shall be done at the same time and shall be of the same material and character as the paving or repaving of the streets or alleys upon which the track or tracks are located, unless other material is specially ordered by the municipality. (4) Such railway companies shall be required to keep that portion of the street which they are herein required to pave or repave in good and proper repair, using for that purpose the same material as the street upon which the track or tracks are laid at the point of repair or such other material as the governing body of the city may require and order; and as streets are hereafter paved or repaved street railway companies shall be required to lay in the best approved manner a rail to be approved by the governing body of the city. (5) The tracks of all railway companies when located upon the streets or avenues of a city or town shall be kept in repair and safe in all respects for the use of the traveling public, and such companies shall be liable for all damages resulting by reason of neglect to keep such tracks in repair, or for obstructing the streets. (6) For injuries to persons or property arising from the failure of any such company to keep its tracks in proper repair and free from obstructions such company shall be liable and the city or town shall be exempt from liability. (7) The word "railway companies" as used in this section shall be taken to mean and include any persons, companies, corporations or associations owning or operating any street or other railway in any city or town.
Utah Code § 10-3-719 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-719
§ 10-3-719. Resolutions need no publication effective date.
Status: in_force

Resolutions may become effective without publication or posting and may take effect on passage or at a later date as the governing body may determine, but resolutions may not become effective more than three months from the date of passage.
Utah Code § 10-2-813 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-813
§ 10-2-813. Filing of notice and plat -- Recording and notice requirements -- Effective date of annexation or boundary adjustment.
Status: in_force

(1) An applicable legislative body shall: (a) within 60 days after an annexation action, file with the lieutenant governor: (i) a notice of an impending boundary action, as defined in Section 67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and (iii) if applicable, a copy of a resolution under Subsection 10-2-814(2)(b); (b) upon the lieutenant governor's issuance of a certificate of annexation or boundary adjustment, as the case may be, under Section 67-1a-6.5: (i) if the annexed area or area subject to the boundary adjustment is located within the boundary of a single county, submit to the recorder of that county the original notice of an impending boundary action, the original certificate of annexation or boundary adjustment, the original approved final local entity plat, and a certified copy of the ordinance approving the annexation or boundary adjustment; or (ii) if the annexed area or area subject to the boundary adjustment is located within the boundaries of more than a single county: (A) submit to the recorder of one of the affected counties the original notice of impending boundary action, the original certificate of annexation or boundary adjustment, and the original approved final local entity plat; (B) submit to the recorder of each other affected county a certified copy of the documents listed in Subsection (1)(b)(ii)(A); and (C) submit a certified copy of the ordinance approving the annexation or boundary adjustment to each county described in Subsections (1)(b)(ii)(A) and (B); and (c) concurrently with Subsection (1)(b): (i) send notice of the annexation or boundary adjustment to each affected entity; and (ii) in accordance with Section 53-2d-514, file with the Bureau of Emergency Medical Services: (A) a certified copy of the ordinance approving the annexation of an unincorporated area or the adjustment of a boundary, if applicable; and (B) a copy of the approved final local entity plat. (2) If an annexation under this part or a boundary adjustment under Part 9, Municipal Boundary Adjustments, also causes an automatic annexation to a special district under Section 17B-1-416 or an automatic withdrawal from a special district under Subsection 17B-1-502(2), the municipal legislative body shall, as soon as practicable after the lieutenant governor issues a certificate of annexation or boundary adjustment under Section 67-1a-6.5, send notice of the annexation or boundary adjustment to the special district to which the annexed area is automatically annexed or from which the annexed area is automatically withdrawn. (3) Each notice required under Subsection (1) relating to an annexation or boundary adjustment shall state the effective date of the annexation or boundary adjustment, as determined under Subsection (4). (4) An annexation under this part or a boundary adjustment under Part 9, Municipal Boundary Adjustments, is completed and takes effect: (a) for the annexation of or boundary adjustment affecting an area located in a county of the first class, except for an annexation under Section 10-2-812: (i) July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if: (A) the certificate is issued during the preceding November 1 through April 30; and (B) the requirements of Subsection (1) are met before that July 1; or (ii) January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a certificate of annexation or boundary adjustment if: (A) the certificate is issued during the preceding May 1 through October 31; and (B) the requirements of Subsection (1) are met before that January 1; and (b) subject to Subsection (5), for all other annexations and boundary adjustments, the date of the lieutenant governor's issuance, under Section 67-1a-6.5, of a certificate of annexation or boundary adjustment. (5) (a) The effective date of an annexation or boundary adjustment for purposes of assessing property within an affected area is governed by Section 59-2-305.5. (b) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the recorder of each county in which the property is located, a municipality may not: (i) levy or collect a property tax on property within an affected area; (ii) levy or collect an assessment on property within an affected area; or (iii) charge or collect a fee for service provided to property within an affected area, unless the municipality was charging and collecting the fee within that area immediately before annexation.
Utah Code § 10-2a-106 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-106
§ 10-2a-106. Feasibility request filed before changes to law take effect.
Status: in_force

(1) If an individual files a feasibility request for incorporation of a city or town before May 14, 2019, the process for incorporating the city or town is not subject to Laws of Utah 2019, Chapter 165 or Laws of Utah 2023, Chapter 224, and is instead subject to the municipal incorporation law in effect on the day on which the individual files the feasibility request. (2) If an individual files a feasibility request for incorporation of a city or town before May 3, 2023: (a) except as provided in Subsection (2)(b), the process for incorporating the city or town is not subject to Laws of Utah 2023, Chapter 224, and is subject to the municipal incorporation law in effect on the day on which the individual files the feasibility request; and (b) the process and requirements for filing a modified feasibility request on or after May 6, 2026, shall be in accordance with the law in effect on the day on which the individual or an incorporation sponsor files a modified feasibility request.
Utah Code § 10-3b-601 — Utah Code / Title 10 / Chapter 10-3b / § 10-3b-601
§ 10-3b-601. Authority to change to another form of municipal government.
Status: in_force

As provided in this part, a municipality may change from the form of government under which it operates to: (1) the council-mayor form of government with a five-member council; (2) the council-mayor form of government with a seven-member council; (3) the six-member council form of government; or (4) the five-member council form of government.
Utah Code § 10-20-609 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-609
§ 10-20-609. Regulation of amateur radio antennas.
Status: in_force

(1) A municipality may not enact or enforce an ordinance that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 C.F.R. Part 97. (2) If a municipality adopts an ordinance involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance shall: (a) reasonably accommodate amateur radio communications; and (b) represent the minimal practicable regulation to accomplish the municipality's purpose.
Utah Code § 10-2a-205 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-205
§ 10-2a-205. Feasibility study -- Feasibility study consultant -- Qualifications for proceeding with incorporation.
Status: in_force

(1) (a) The lieutenant governor shall, within 10 days after the day on which the lieutenant governor certifies a feasibility request under Subsection 10-2a-204(5)(a): (i) estimate the cost of a feasibility study under this section; and (ii) provide the estimated cost to the feasibility request sponsors. (b) The feasibility request sponsors shall pay to the lieutenant governor the amount of the estimated cost under Subsection (1)(a) of a feasibility study conducted on or after May 1, 2024. (c) Within 90 days after the feasibility request sponsors pay the estimated feasibility study cost under Subsection (1)(a), the lieutenant governor shall, in accordance with Subsection (2), engage a feasibility consultant to conduct a feasibility study. (2) The lieutenant governor shall: (a) select a feasibility consultant in accordance with Title 63G, Chapter 6a, Utah Procurement Code; (b) ensure that the feasibility consultant: (i) has expertise in the processes and economics of local government; (ii) is independent of and not affiliated with a sponsor of the feasibility request or the county in which the proposed municipality is located; and (iii) for a feasibility study for the proposed incorporation of a community council area, has expertise in the processes and economics of a municipal services district providing municipal services to an unincorporated island, as defined in Section 10-2-814; and (c) require the feasibility consultant to: (i) submit a draft of the feasibility study to each applicable person with whom the feasibility consultant is required to consult under Subsection (3)(c) within 90 days after the day on which the lieutenant governor engages the feasibility consultant to conduct the study; (ii) allow each person to whom the consultant provides a draft under Subsection (2)(c)(i) to review and provide comment on the draft; (iii) submit a completed feasibility study, including a one-page summary of the results, to the following within 120 days after the day on which the lieutenant governor engages the feasibility consultant to conduct the feasibility study: (A) the lieutenant governor; (B) the county legislative body of the county in which the incorporation is proposed; (C) the contact sponsor; and (D) each person to whom the consultant provided a draft under Subsection (2)(c)(i); and (iv) attend the public hearings described in Section 10-2a-207 to present the feasibility study results and respond to questions from the public. (3) (a) The feasibility study shall include: (i) an analysis of the population and population density within the area proposed for incorporation and the surrounding area; (ii) the current and projected five-year demographics and tax base within the boundaries of the proposed municipality and surrounding area, including household size and income, commercial and industrial development, and public facilities; (iii) subject to Subsection (3)(b), the current and five-year projected cost of providing municipal services to the proposed municipality, including administrative costs; (iv) assuming the same tax categories and tax rates as currently imposed by the county and all other current service providers, the present and five-year projected revenue for the proposed municipality; (v) an analysis of the risks and opportunities that might affect the actual costs described in Subsection (3)(a)(iii) or revenues described in Subsection (3)(a)(iv) of the newly incorporated municipality; (vi) an analysis of new revenue sources that may be available to the newly incorporated municipality that are not available before the area incorporates, including an analysis of the amount of revenues the municipality might obtain from those revenue sources; (vii) the projected tax burden per household of any new taxes that may be levied within the proposed municipality within five years after incorporation; (viii) the fiscal impact of the municipality's incorporation on unincorporated areas, other municipalities, special districts, special service districts, and other governmental entities in the county; and (ix) if the county clerk excludes property from, or includes property in, the proposed municipality under Section 10-2a-204.5, an update to the map and legal description described in Subsection 10-2a-202(3)(c). (b) (i) In calculating the projected costs under Subsection (3)(a)(iii), the feasibility consultant shall assume the proposed municipality will provide a level and quality of municipal services that fairly and reasonably approximate the level and quality of municipal services that are provided to the area of the proposed municipality at the time the feasibility consultant conducts the feasibility study. (ii) In calculating the current cost of a municipal service under Subsection (3)(a)(iii), the feasibility consultant shall consider: (A) the amount it would cost the proposed municipality to provide the municipal service for the first five years after the municipality's incorporation; and (B) the current municipal service provider's present and five-year projected cost of providing the municipal service. (iii) In calculating costs under Subsection (3)(a)(iii), the feasibility consultant shall account for inflation and anticipated growth. (c) In conducting the feasibility study, the feasibility consultant shall consult with the following before submitting a draft of the feasibility study under Subsection (2)(c)(i): (i) if the proposed municipality will include lands owned by the United States federal government, the entity within the United States federal government that has jurisdiction over the land; (ii) if the proposed municipality will include lands owned by the state, the entity within state government that has jurisdiction over the land; (iii) each entity that provides a municipal service to a portion of the proposed municipality; and (iv) each other special service district that provides services to a portion of the proposed municipality. (4) If the five-year projected revenues calculated under Subsection (3)(a)(iv) exceed the five-year projected costs calculated under Subsection (3)(a)(iii) by more than 5%, the feasibility consultant shall project and report the expected annual revenue surplus to the contact sponsor and the lieutenant governor. (5) (a) Except as provided in Subsection (5)(b), if the results of the feasibility study, or a supplemental feasibility study described in Section 10-2a-206, show that the average annual amount of revenue calculated under Subsection (3)(a)(iv) does not exceed the average annual cost calculated under Subsection (3)(a)(iii) by more than 5%, the process to incorporate the area that is the subject of the feasibility study or supplemental feasibility study may not proceed. (b) The process to incorporate an area described in Subsection (5)(a) may proceed if a subsequent supplemental feasibility study conducted under Section 10-2a-206 for the proposed incorporation demonstrates compliance with Subsection (5)(a). (6) If the results of the feasibility study or revised feasibility study do not comply with Subsection (5), and if requested by the sponsors of the request, the feasibility consultant shall, as part of the feasibility study or revised feasibility study, make recommendations regarding how the boundaries of the proposed municipality may be altered to comply with Subsection (5). (7) The lieutenant governor shall post a copy of the feasibility study, and any supplemental feasibility study described in Section 10-2a-206, on the lieutenant governor's website and make a copy available for public review at the lieutenant governor's office.
Utah Code § 10-5-105 — Utah Code / Title 10 / Chapter 10-5 / § 10-5-105
§ 10-5-105. Revenue and expenditure records.
Status: in_force

Towns shall record their revenues and expenditures according to current generally accepted accounting principles prescribed by the state auditor.
Utah Code § 10-8-58.5 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-58.5
§ 10-8-58.5. Contracting for management, maintenance, operation, or construction of jails.
Status: in_force

(1) As used in this section, "medication assisted treatment plan" means a prescription plan to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal symptoms or an opioid use disorder. (2) (a) The governing body of a city or town may contract with private contractors for management, maintenance, operation, and construction of city jails. (b) The governing body may include a provision in the contract that requires that any jail facility meet any federal, state, or local standards for the construction of jails. (3) If the governing body contracts only for the management, maintenance, or operation of a jail, the governing body shall include provisions in the contract that: (a) require the private contractor to post a performance bond in the amount set by the governing body; (b) establish training standards that shall be met by jail personnel; (c) require the private contractor to provide and fund training for jail personnel so that the personnel meet the standards established in the contract and any other federal, state, or local standards for the operation of jails and the treatment of jail prisoners; (d) require the private contractor to indemnify the city or town for errors, omissions, defalcations, and other activities committed by the private contractor that result in liability to the city or town; (e) require the private contractor to show evidence of liability insurance protecting the city or town and its officers, employees, and agents from liability arising from the construction, operation, or maintenance of the jail, in an amount not less than those specified in Title 63G, Chapter 7, Governmental Immunity Act of Utah; (f) require the private contractor to: (i) receive all prisoners committed to the jail by competent authority; (ii) provide them with necessary food, clothing, and bedding in the manner prescribed by the governing body; and (iii) cooperate with medical personnel to continue a medication assisted treatment plan for an inmate if the inmate was an active client before arrest and commitment; and (g) prohibit the use of inmates by the private contractor for private business purposes of any kind. (4) A medication used for a medication assisted treatment plan under Subsection (3)(f)(iii): (a) shall be administered to an inmate in accordance with the inmate's prescription under the direction of the sheriff; (b) may be paid for by a county; and (c) may be left or stored at a jail at the discretion of the sheriff. (5) A contractual provision requiring the private contractor to maintain liability insurance in an amount not less than the liability limits established by Title 63G, Chapter 7, Governmental Immunity Act of Utah, may not be construed as waiving the limitation on damages recoverable from a governmental entity or its employees established by that chapter.
Utah Code § 10-20-806 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-806
§ 10-20-806. Review of subdivision applications and subdivision improvement plans.
Status: in_force

(1) As used in this section: (a) "Review cycle" means the occurrence of: (i) the applicant's submittal of a complete subdivision application; (ii) the municipality's review of that subdivision application; (iii) the municipality's response to that subdivision application, in accordance with this section; and (iv) the applicant's reply to the municipality's response that addresses each of the municipality's required modifications or requests for additional information. (b) "Subdivision application" means a land use application for the subdivision of land. (c) "Subdivision improvement plans" means the civil engineering plans associated with required infrastructure improvements and municipally controlled utilities required for a subdivision. (d) "Subdivision ordinance review" means review by a municipality to verify that a subdivision application meets the criteria of the municipality's ordinances. (e) "Subdivision plan review" means a review of the applicant's subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with municipal ordinances and applicable installation standards and inspection specifications for infrastructure improvements. (2) The review cycle restrictions and requirements of this section do not apply to the review of subdivision applications affecting property within identified geological hazard areas. (3) (a) A municipality may require a subdivision improvement plan to be submitted with a subdivision application. (b) A municipality may not require a subdivision improvement plan to be submitted with both a preliminary subdivision application and a final subdivision application. (4) (a) The review cycle requirements of this section apply: (i) to the review of a preliminary subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a preliminary subdivision application; or (ii) to the review of a final subdivision application, if the municipality requires a subdivision improvement plan to be submitted with a final subdivision application. (b) A municipality may not, outside the review cycle, engage in a substantive review of required infrastructure improvements or a municipally controlled utility. (5) (a) A municipality shall complete the initial review of a complete subdivision application submitted for ordinance review for a residential subdivision for single-family dwellings, two-family dwellings, or town homes: (i) no later than 15 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or (ii) no later than 30 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less. (b) A municipality shall maintain and publish a list of the items comprising the complete subdivision application, including: (i) the application; (ii) the owner's affidavit; (iii) an electronic copy of all plans in PDF format; (iv) the preliminary subdivision plat drawings; and (v) a breakdown of fees due upon approval of the application. (6) A municipality shall publish a list of the items that comprise a complete subdivision land use application. (7) A municipality shall complete a subdivision plan review of a subdivision improvement plan that is submitted with a complete subdivision application for a residential subdivision for single-family dwellings, two-family dwellings, or town homes: (a) within 20 business days after the complete subdivision application is submitted, if the municipality has a population over 5,000; or (b) within 40 business days after the complete subdivision application is submitted, if the municipality has a population of 5,000 or less. (8) (a) In reviewing a subdivision application, a municipality may require: (i) additional information relating to an applicant's plans to ensure compliance with municipal ordinances and approved standards and specifications for construction of public improvements; and (ii) modifications to plans that do not meet current ordinances, applicable standards or specifications, or do not contain complete information. (b) A municipality's request for additional information or modifications to plans under Subsection (8)(a)(i) or (ii) shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans, and shall be logged in an index of requested modifications or additions. (c) A municipality may not require more than four review cycles for a subdivision improvement plan review. (d) (i) Subject to Subsection (8)(d)(ii), unless the change or correction is necessitated by the applicant's adjustment to a subdivision improvement plan or an update to a phasing plan that adjusts the infrastructure needed for the specific development, a change or correction not addressed or referenced in a municipality's subdivision improvement plan review is waived. (ii) A modification or correction necessary to protect public health and safety or to enforce state or federal law may not be waived. (iii) If an applicant makes a material change to a subdivision improvement plan, the municipality has the discretion to restart the review process at the first review of the subdivision improvement plan review, but only with respect to the portion of the subdivision improvement plan that the material change substantively affects. (e) (i) This Subsection (8)(e) applies if an applicant does not submit a revised subdivision improvement plan within : (A) 20 business days after the municipality requires a modification or correction, if the municipality has a population over 5,000; or (B) 40 business days after the municipality requires a modification or correction, if the municipality has a population of 5,000 or less. (ii) If an applicant does not submit a revised subdivision improvement plan within the time specified in Subsection (8)(e)(i), a municipality has an additional 20 business days after the time specified in Subsection (7) to respond to a revised subdivision improvement plan. (9) After the applicant has responded to the final review cycle, and the applicant has complied with each modification requested in the municipality's previous review cycle, the municipality may not require additional revisions if the applicant has not materially changed the plan, other than changes that were in response to requested modifications or corrections. (10) (a) In addition to revised plans, an applicant shall provide a written explanation in response to the municipality's review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any. (b) The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction. (c) If an applicant fails to address a review comment in the response, the review cycle is not complete and the subsequent review cycle may not begin until all comments are addressed. (11) If, on the fourth or final review, a municipality fails to respond within 20 business days, the municipality shall, upon request of the property owner, and within 10 business days after the day on which the request is received: (a) for a dispute arising from the subdivision improvement plans, assemble an appeal panel in accordance with Subsection 10-20-911(4)(d) to review and approve or deny the final revised set of plans; or (b) for a dispute arising from the subdivision ordinance review, advise the applicant, in writing, of the deficiency in the application and of the right to appeal the determination to a designated appeal authority.
Utah Code § 10-1-103 — Utah Code / Title 10 / Chapter 10-1 / § 10-1-103
§ 10-1-103. Construction.
Status: in_force

The powers herein delegated to any municipality shall be liberally construed to permit the municipality to exercise the powers granted by this title except in cases clearly contrary to the intent of the law.
Utah Code § 10-2a-218 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-218
§ 10-2a-218. Powers of officers-elect.
Status: in_force

(1) After the county conducts the canvass of the final election of municipal officers under Section 10-2a-215, and until the future municipality becomes legally incorporated, the officers of the future municipality may: (a) prepare and adopt, under Chapter 6, Uniform Fiscal Procedures Act for Utah Cities, a proposed budget and compilation of ordinances; (b) negotiate and make personnel contracts and hirings; (c) negotiate and make service contracts; (d) negotiate and make contracts to purchase equipment, materials, and supplies; (e) borrow funds from the county in which the future municipality is located under Subsection 10-2a-219(3); (f) borrow funds for startup expenses of the future municipality; (g) issue tax anticipation notes in the name of the future municipality; and (h) make appointments to the municipality's planning commission. (2) The municipal council shall review and ratify each contract made by a municipal officer under Subsection (1) within 30 days after the day on which the municipality's incorporation is effective under Section 10-2a-217.
Utah Code § 10-21-301 — Utah Code / Title 10 / Chapter 10-21 / § 10-21-301
§ 10-21-301. Moderate income housing.
Status: in_force

(1) A municipality may only require the development of a certain number of moderate income housing units as a condition of approval of a land use application if: (a) the municipality and the applicant enter into a written agreement regarding the number of moderate income housing units; (b) the municipality provides incentives for an applicant who agrees to include moderate income housing units in a development; or (c) the municipality offers or approves, and an applicant accepts, an incentive described in Section 10-21-401 or 10-21-402. (2) If an applicant does not agree to participate in the development of moderate income housing units under Subsection (1)(a) or (b), a municipality may not take into consideration the applicant's decision in the municipality's determination of whether to approve or deny a land use application. (3) Notwithstanding Subsections (1) and (2), a municipality that imposes a resort community sales and use tax as described in Section 59-12-401, may require the development of a certain number of moderate income housing units as a condition of approval of a land use application if the requirement is in accordance with an ordinance enacted by the municipality before January 1, 2022.
Utah Code § 10-8-22 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-22
§ 10-8-22. Water rates.
Status: in_force

(1) As used in this section: (a) "Designated water service area" means the area defined by a municipality in accordance with the Utah Constitution, Article XI, Section 6, Subsection (1)(c). (b) "Large municipal drinking water system" means a municipally owned and operated drinking water system serving a population of 10,000 or more. (c) "Retail customer" means an end user: (i) who receives culinary water directly from a municipality's waterworks system; and (ii) whom the municipality described in Subsection (1)(c)(i) bills for water service. (2) A municipality shall fix the rates to be paid for the use of water furnished by the municipality. (3) The setting of municipal water rates is a legislative act. (4) Within the municipality's designated water service area, a municipality shall: (a) establish, by ordinance, reasonable rates for the services provided to the municipality's retail customers; (b) use the same method of providing notice to all retail customers of proposed rate changes; and (c) allow all retail customers the same opportunity to appear and participate in a public meeting addressing water rates. (5) (a) A municipality may establish different rates for different classifications of retail customers within the municipality's designated water service area, if the rates and classifications have a reasonable basis. (b) A reasonable basis for charging different rates for different classifications may include, among other things, a situation in which: (i) there is a difference in the cost of providing service to a particular classification; (ii) one classification bears more risk in relation to a system operation or obligation; (iii) retail customers in one classification invested or contributed to acquire a water source or supply or build or maintain a system differently than retail customers in another classification; (iv) the needs or conditions of one classification: (A) are distinguishable from the needs or conditions of another classification; and (B) based on economic, public policy, or other identifiable elements, support a different rate; (v) there is a differential between the classifications based on a cost of service standard or a generally accepted rate setting method, including a standard or method the American Water Works Association establishes; or (vi) water conservation is used as an element in determining the rate charged for a block unit of water as provided in Section 73-10-32.5. (c) An adjustment based solely on the fact that a particular classification of retail customers is located either inside or outside of the municipality's corporate boundary is not a reasonable basis. (6) (a) If more than 10% of the retail customers within a large municipal drinking water system's designated water service area are located outside of the municipality's corporate boundary, the municipality shall: (i) post on the municipality's website the rates assessed to retail customers within the designated water service area; and (ii) establish an advisory board to make recommendations to the municipal legislative body regarding water rates, capital projects, and other water service standards. (b) In establishing an advisory board described in Subsection (6)(a)(ii), a municipality shall: (i) if more than 10% but no more than 30% of the municipality's retail customers receive service outside the municipality's municipal boundary, ensure that at least 20% of the advisory board's members represent the municipality's retail customers receiving service outside the municipality's municipal boundary; (ii) if more than 30% of the municipality's retail customers receive service outside of the municipality's municipal boundary, ensure that at least 40% of the advisory board's members represent the municipality's retail customers receiving service outside of the municipality's municipal boundary; and (iii) in appointing board members who represent retail customers receiving service outside of the municipality's municipal boundary, as required in Subsections (6)(b)(i) and (ii), solicit recommendations from each municipality and county outside of the municipality's municipal boundary whose residents are retail customers within the municipality's designated water service area. (7) A municipality that supplies water outside of the municipality's designated water service area shall supply the water only by contract and shall include in the contract the terms and conditions under which the contract can be terminated. (8) A municipality shall: (a) notify the director of the Division of Drinking Water of a contract the municipality enters into with a person outside of the municipality's designated water service area, including the name and contact information of the person named in each contract; and (b) each year, provide to the director of the Division of Drinking Water any supplementing or new information regarding a contract described in Subsection (8)(a), including whether there is no new information to provide at that time.
Utah Code § 10-3b-205 — Utah Code / Title 10 / Chapter 10-3b / § 10-3b-205
§ 10-3b-205. Rules and regulations by municipal officers.
Status: in_force

A municipal officer in a municipality operating under a council-mayor form of government may prescribe rules and regulations, not inconsistent with statute, municipal ordinance, or the merit plan.
Utah Code § 10-7-32 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-32
§ 10-7-32. Actions to recover taxes.
Status: in_force

(1) It shall also be competent for any municipality to bring a civil action against any party owning or operating any such railway liable to pay such taxes to recover the amount thereof, or any part thereof, delinquent and unpaid, in any court having jurisdiction of the amount, and obtain judgment and have execution therefor, and no property, real or personal, shall be exempt from any such execution; provided, that real estate may not be levied upon by execution except by execution out of the court on judgment therein, or transcript of judgment filed therein, as is now or hereafter may be provided by law. (2) No defense shall be allowed in any such civil action except such as goes to the groundwork, equity and justice of the tax, and the burden of proof shall rest upon the party assailing the tax. (3) In case part of such special tax shall be shown to be invalid, unjust or inequitable, judgment shall be rendered for such amount as is just and equitable.
Utah Code § 10-6-124 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-124
§ 10-6-124. Transfer of appropriation balance between accounts -- Excess expenditure within departments.
Status: in_force

With the consent of the budget officer, or the approval in charter cities as required by charter, the head of any department may transfer any unencumbered or unexpended appropriation balance or any portion thereof from one expenditure account to another within the department during the budget period, or an excess expenditure of one or more line items may be permitted by any department head with the consent of the budget officer, or his equivalent in charter cities, provided the total of all excess expenditures or encumbrances do not exceed total unused appropriations within the department at the close of the budget period.
Utah Code § 10-3-1312 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-1312
§ 10-3-1312. Violation of disclosure requirements -- Penalties -- Rescission of prohibited transaction.
Status: in_force

If a transaction is entered into in connection with a violation of Section 10-3-1305, 10-3-1306, 10-3-1307, or 10-3-1308, the municipality: (1) shall dismiss or remove the officer or municipal employee who knowingly and intentionally violates this part from employment or office; and (2) may rescind or void a contract or subcontract entered into pursuant to that transaction without returning any part of the consideration received by the municipality.
Utah Code § 10-3-715 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-715
§ 10-3-715. Municipal ordinances received in evidence.
Status: in_force

Whenever municipal ordinances are printed in book, pamphlet or looseleaf form and purport to be published by the authority of the governing body, the book, pamphlet or looseleaf shall be prima facie evidence of the contents, passage, and legal publication of such ordinances, as of the dates mentioned in the book, pamphlet, or looseleaf in all courts and administrative proceedings.
Utah Code § 10-3b-101 — Utah Code / Title 10 / Chapter 10-3b / § 10-3b-101
§ 10-3b-101. Title.
Status: in_force

This chapter is known as "Forms of Municipal Government."
Utah Code § 10-5-126 — Utah Code / Title 10 / Chapter 10-5 / § 10-5-126
§ 10-5-126. Receipts for payments to town -- Filing copies.
Status: in_force

The town treasurer shall give or cause to be given to every person paying money to the town treasury, a receipt or other evidence of payment therefor, specifying, as appropriate, the date of payment and on which account the payment was made and shall file the duplicate of the receipt, a summary report, or other evidence of payment in the office of the clerk.
Utah Code § 10-20-623 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-623
§ 10-20-623. Residential rear setback limitations.
Status: in_force

(1) As used in this section: (a) "Allowable feature" means: (i) a landing or walkout porch that: (A) is no more than 32 square feet in size; and (B) is used for ingress to and egress from the rear of the residential dwelling; or (ii) a window well. (b) "Landing" means an uncovered, above-ground platform, with or without stairs, connected to the rear of a residential dwelling. (c) "Setback" means the required distance between the property line of a lot or parcel and the location where a structure is allowed to be placed under an adopted land use regulation. (d) "Walkout porch" means an uncovered platform that is on the ground and connected to the rear of a residential dwelling. (e) "Window well" means a recess in the ground around a residential dwelling to allow for ingress and egress through a window installed in a basement that is fully or partially below ground. (2) A municipality may not enact or enforce an ordinance, resolution, or policy that prohibits or has the effect of prohibiting an allowable feature within the rear setback of a residential building lot or parcel. (3) Subsection (2) does not apply to a historic district within the municipality.
Utah Code § 10-2a-210 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-210
§ 10-2a-210. Incorporation election -- Notice of election -- Voter information pamphlet.
Status: in_force

(1) (a) If the county clerk certifies a petition for incorporation under Subsection 10-2a-209(1)(b), the lieutenant governor shall schedule an incorporation election for the proposed municipality described in the petition for incorporation to be held on the date of the next regular general election described in Section 20A-1-201, or the next municipal general election described in Section 20A-1-202, that is at least 65 days after the day on which the county clerk certifies the petition for incorporation. (b) (i) The lieutenant governor shall direct the county legislative body of the county in which the proposed municipality is located to hold the election on the date that the lieutenant governor schedules under Subsection (1)(a). (ii) The county legislative body shall hold the election as directed by the lieutenant governor under Subsection (1)(b)(i). (2) The county clerk shall provide notice of the election for the area proposed to be incorporated, as a class B notice under Section 63G-30-102, for at least three weeks before the day of the election. (3) (a) The notice described in Subsection (2) shall include: (i) a statement of the contents of the petition for incorporation; (ii) a description of the area proposed to be incorporated as a municipality; (iii) a statement of the date and time of the election and the location of polling places; and (iv) except as provided in Subsection (3)(b), the feasibility study summary described in Subsection 10-2a-205(2)(c)(iii) and a statement that a full copy of the study is available on the county's website and for inspection at the county offices. (b) Instead of including the feasibility summary under Subsection (3)(a)(iv), the notice may include a statement that specifies the following sources where a registered voter in the area proposed to be incorporated may view or obtain a copy of the feasibility study: (i) the county's website; (ii) the physical address of the county clerk office; and (iii) a mailing address and telephone number. (4) (a) In addition to the notice described in Subsection (2), the county clerk shall publish and distribute, before the incorporation election is held, a voter information pamphlet: (i) in accordance with the procedures and requirements of Section 20A-7-402; (ii) in consultation with the lieutenant governor; and (iii) in a manner that the county clerk determines is adequate, subject to Subsections (4)(a)(i) and (ii). (b) The voter information pamphlet described in Subsection (4)(a): (i) shall inform the public of the proposed incorporation; and (ii) may include written statements, printed in the same font style and point size, from proponents and opponents of the proposed incorporation. (5) An individual may not vote in an incorporation election under this section unless the individual is a registered voter who is a resident, as defined in Section 20A-1-102, within the boundaries of the proposed municipality. (6) (a) Subject to Subsection (6)(b), if a majority of those who vote in an incorporation election held under this section cast votes in favor of incorporation, the area shall incorporate. (b) (i) As used in this Subsection (6)(b): (A) "Approving separate area" means a separate area in which a majority of those voting in an incorporation election for the incorporation of a community council area vote in favor of incorporation. (B) "Separate area" means an unincorporated island, as defined in Section 10-2-814, that is within a community council area. (ii) If a majority of those within a separate area voting in an incorporation election for the incorporation of a community council area vote against incorporation, that separate area is excluded from the incorporation. (iii) Approving separate areas are incorporated as a municipality if the combined total population within all approving separate areas is at least 80% of the population within the community council area.
Utah Code § 10-3-603 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-603
§ 10-3-603. Public records.
Status: in_force

(1) The governing body of each municipality shall keep a journal of its proceedings. (2) The books, records, accounts and documents of each municipality shall be kept at the office of the recorder and approved copies shall be open and available to the public during regular business hours for examination and copying. (3) The governing body may by resolution establish reasonable charges for providing copies of its public records to individuals, except when by law the municipality must provide the records without cost to the public.
Utah Code § 10-8-85.11 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-85.11
§ 10-8-85.11. Golf courses -- Limitations on municipal ordinances restricting golf course maintenance.
Status: in_force

(1) As used in this section: (a) "Golf course" means: (i) a privately owned golf course that is located, in whole or in part, within municipal boundaries; or (ii) a golf course located, in whole or in part, within municipal boundaries, that is owned by a county, municipality, or other governmental entity. (b) "Maintenance operations" means mowing or trimming grass as part of the routine upkeep of golf course grounds. (2) Except as provided in Subsection (3), a municipality may not enact or enforce an ordinance that prohibits a golf course from conducting maintenance operations between the hours of 5:30 a.m. and 10 p.m. (3) A municipality may prohibit or restrict maintenance operations at a golf course at any time if the golf course is owned by the municipality.
Utah Code § 10-18-201 — Utah Code / Title 10 / Chapter 10-18 / § 10-18-201
§ 10-18-201. Limitations on providing broadband, cable television, and public telecommunications services.
Status: in_force

(1) Except as provided in this chapter, a municipality may not: (a) provide to one or more subscribers: (i) a broadband service; (ii) a cable television service; or (iii) a public telecommunications service; or (b) for the purpose of providing a broadband service, a cable television service, or a public telecommunications service to one or more subscribers, purchase, lease, construct, maintain, or operate any facility. (2) For purposes of this chapter, a municipality provides a broadband service, cable television service, or public telecommunications service if the municipality provides the service: (a) directly or indirectly, including through an authority or instrumentality: (i) acting on behalf of the municipality; or (ii) for the benefit of the municipality; (b) by itself; (c) through: (i) an entity created pursuant to an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, to which the municipality is a party; (ii) a partnership; or (iii) a joint venture; or (d) by contract, resale, or otherwise.
Utah Code § 10-8-85.5 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-85.5
§ 10-8-85.5. "Rental dwelling" defined -- Municipality may require a business license or a regulatory business license and inspections -- Exception.
Status: in_force

(1) As used in this section, "rental dwelling" means a building or portion of a building that is: (a) used or designated for use as a residence by one or more persons; and (b) (i) available to be rented, loaned, leased, or hired out for a period of one month or longer; or (ii) arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer. (2) (a) Subject to Subsection (2)(e), the legislative body of a municipality may by ordinance require the owner of a rental dwelling located within the municipality: (i) to obtain a business license pursuant to Section 10-1-203; or (ii) (A) to obtain a regulatory business license to operate and maintain the rental dwelling in accordance with Section 10-1-203.5; and (B) to allow inspections of the rental dwelling as a condition of obtaining a regulatory business license. (b) A municipality may not require an owner of multiple rental dwellings or multiple buildings containing rental dwellings to obtain more than one regulatory business license for the operation and maintenance of those rental dwellings. (c) A municipality may not charge a fee for the inspection of a rental dwelling. (d) If a municipality's inspection of a rental dwelling, allowed under Subsection (2)(a)(ii)(B), approves the rental dwelling for purposes of a regulatory business license, a municipality may not inspect that rental dwelling except as provided for in Section 10-1-203.5. (e) An ordinance under Subsection (2)(a) does not apply to an owner of a rental dwelling who demonstrates by a signed affidavit that the owner does not receive compensation from the use of the owner's rental dwelling. (3) A municipality may not: (a) interfere with the ability of an owner of a rental dwelling to contract with a tenant concerning the payment of the cost of a utility or municipal service provided to the rental dwelling; or (b) except as required under the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act, for a structural change to the rental dwelling, or as required in an ordinance adopted before January 1, 2008, require the owner of a rental dwelling to retrofit the rental dwelling with or install in the rental dwelling a safety feature that was not required when the rental dwelling was constructed. (4) Nothing in this section shall be construed to affect the rights and duties established under Title 57, Chapter 22, Utah Fit Premises Act, or to restrict a municipality's ability to enforce its generally applicable health ordinances or building code, a local health department's authority under Title 26A, Chapter 1, Local Health Departments, or the Department of Health and Human Service's authority under Title 26B, Utah Health and Human Services Code.
Utah Code § 10-3-608 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-608
§ 10-3-608. Rules of conduct for the public.
Status: in_force

(1) The governing body on a two-thirds vote may expel any person who is disorderly during the meeting of the governing body. (2) This section or any action taken by the governing body pursuant hereto does not preclude prosecution under any other provision of law.
Utah Code § 10-20-802 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-802
§ 10-20-802. Planning commission preparation and recommendation of subdivision ordinance -- Adoption or rejection by legislative body.
Status: in_force

(1) A planning commission shall: (a) review and provide a recommendation to the legislative body on any proposed ordinance that regulates the subdivision of land in the municipality; (b) review and make a recommendation to the legislative body on any proposed ordinance that amends the regulation of the subdivision of the land in the municipality; (c) provide notice consistent with Section 10-20-205; and (d) hold a public hearing on the proposed ordinance before making the planning commission's final recommendation to the legislative body. (2) (a) A legislative body may adopt, modify, revise, or reject an ordinance described in Subsection (1) that the planning commission recommends. (b) A legislative body may consider a planning commission's failure to make a timely recommendation as a negative recommendation if the legislative body has provided for that consideration by ordinance.
Utah Code § 10-2-611 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-611
§ 10-2-611. When consolidation effective -- Disincorporation of original municipalities -- Effective date for assessment purposes.
Status: in_force

(1) Upon the lieutenant governor's issuance of a certificate of consolidation under Section 67-1a-6.5: (a) the consolidation is effective; and (b) the original municipalities involved in the consolidation are disincorporated. (2) (a) The effective date of a consolidation of municipalities for purposes of assessing property within the consolidated municipality is governed by Section 59-2-305.5. (b) Until the documents listed in Subsection 10-2-610(3)(b) are recorded in the office of the recorder of each county in which the property is located, a consolidated municipality may not: (i) levy or collect a property tax on property within the consolidated municipality; (ii) levy or collect an assessment on property within the consolidated municipality; or (iii) charge or collect a fee for service provided to property within the consolidated municipality.
Utah Code § 10-2-510 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-510
§ 10-2-510. Boundary adjustment procedure not affected.
Status: in_force

This part may not be construed to abrogate, modify, or replace the boundary adjustment procedure provided in Section 10-2-903.
Utah Code § 10-20-602 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-602
§ 10-20-602. Limit on single family designation.
Status: in_force

(1) As used in this section, "single-family limit" means the number of individuals allowed to occupy each residential unit that is recognized by a land use authority in a zone permitting occupancy by a single family. (2) A municipality may not adopt a single-family limit that is less than: (a) three, if the municipality has within its boundary: (i) a state university; or (ii) a private university with a student population of at least 20,000; or (b) four, for each other municipality.
Utah Code § 10-20-622 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-622
§ 10-20-622. Operation of a tower crane.
Status: in_force

(1) As used in this section: (a) "Affected land" means a parcel of land over which a part of a tower crane travels, other than the parcel on which the tower crane is located. (b) "Airspace approval" means a license, easement, permission of the owner of affected land, or other approval for a part of a tower crane to travel within the air space over affected land. (c) (i) "Live load" means material being suspended from or lifted by a tower crane. (ii) "Live load" does not include the components of a tower crane. (d) "Permit period" means the period during which a land use permit is in effect. (e) (i) "Tower crane" means a crane that is attached to and supported by a building or foundation. (ii) "Tower crane" does not include a crane supported by tracks or tires. (2) Except as provided in Subsection (3), a municipality may not require airspace approval as a condition for the municipality's: (a) approval of a building permit; or (b) authorization of a development activity. (3) A municipality may require airspace approval relating to affected land as a condition for the municipality's approval of a building permit or for the municipality's authorization of a development activity if: (a) the tower crane will, during the permit period or development activity, carry a live load over the affected land; or (b) the affected land is within: (i) an airport overlay zone; or (ii) another zone designated to protect the airspace around an airport.
Utah Code § 10-7-84 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-84
§ 10-7-84. Expenditure of city funds authorized.
Status: in_force

The board of city commissioners or council may expend city funds as are deemed advisable to carry out the purposes of this part.
Utah Code § 10-3b-102 — Utah Code / Title 10 / Chapter 10-3b / § 10-3b-102
§ 10-3b-102. Definitions.
Status: in_force

As used in this chapter: (1) "Council-mayor form of government" means the form of municipal government that: (a) (i) is provided for in Laws of Utah 1977, Chapter 48; (ii) may not be adopted without voter approval; and (iii) consists of two separate, independent, and equal branches of municipal government; and (b) on and after May 5, 2008, is described in Part 2, Council-Mayor Form of Municipal Government. (2) "Five-member council form of government" means the form of municipal government described in Part 4, Five-Member Council Form of Municipal Government. (3) "Six-member council form of government" means the form of municipal government described in Part 3, Six-Member Council Form of Municipal Government.
Utah Code § 10-8-29 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-29
§ 10-8-29. Sales and merchandising on streets.
Status: in_force

They may regulate merchandising and sales upon the streets, sidewalks and public places.
Utah Code § 10-3-1012.5 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-1012.5
§ 10-3-1012.5. Appeal to Court of Appeals -- Scope of review.
Status: in_force

(1) Any final action or order of the commission may be appealed to the Court of Appeals for review. (2) The notice of appeal shall be filed within 30 days of the issuance of the final action or order of the commission. (3) The review by Court of Appeals shall be on the record of the commission and shall be for the purpose of determining if the commission has abused its discretion or exceeded its authority.
Utah Code § 10-6-133.4 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-133.4
§ 10-6-133.4. Property taxes levied for specified services -- Special revenue fund -- Limitations on use -- Collection, accounting, and expenditures.
Status: in_force

(1) A city may account separately for the revenues derived from a property tax, that is lawfully levied for a specific purpose, in accordance with this section. (2) To levy a property tax under this section, the legislative body of the city that levies the property tax shall indicate through ordinance: (a) that the city levies the tax under this section; and (b) the specific service for which the city levies the tax. (3) A property tax levied under this section is subject to the maximum rate a city may levy for property taxes under Section 10-6-133. (4) (a) A city that collects a property tax under this section shall: (i) create a special revenue fund to hold the revenues collected under this section; and (ii) deposit revenues collected from that tax into the special revenue fund described in Subsection (4)(a)(i). (b) A city may only expend revenues from a special revenue fund described in Subsection (4)(a) for a purpose that is solely related to the provision of the service described in Subsection (2)(b) for which the city created the special revenue fund. (5) Except as provided in Subsections (2) and (4), a city that levies a property tax under this section shall: (a) levy and collect the tax in accordance with Title 59, Chapter 2, Property Tax Act; (b) account for revenues derived from the tax in accordance with this chapter; and (c) levy and collect and account for revenues derived from the tax in the same general manner as for the city's other property taxes.
Utah Code § 10-2a-204 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-204
§ 10-2a-204. Processing a feasibility request  -- Certification or rejection  -- Processing priority.
Status: in_force

(1) Within 45 days after the day on which an individual files a feasibility request under Section 10-2a-202, the county clerk shall: (a) determine whether the feasibility request complies with Section 10-2a-202; and (b) notify the lieutenant governor, in writing, of the determination made under Subsection (1)(a) and the grounds for the determination. (2) The county clerk: (a) shall keep the lieutenant governor apprised of the county clerk's progress in making the determination described in Subsection (1)(a); and (b) may consult with the lieutenant governor in making the determination described in Subsection (1)(a). (3) Within five days after the day on which the county clerk provides the notification described in Subsection (1)(b), the lieutenant governor shall: (a) review the determination and the grounds for the determination to evaluate whether the feasibility request complies with Section 10-2a-202; and (b) (i) uphold the determination; (ii) reverse the determination; or (iii) require the county clerk to provide additional information that the lieutenant governor identifies as necessary for the lieutenant governor to uphold or reverse the county clerk's determination. (4) If the office requires the county clerk to provide additional information under Subsection (3)(b)(iii): (a) the county clerk shall provide the additional information to the office within five days after the day on which the office notifies the county clerk that the additional information is required; and (b) the office shall, within five days after the day on which the county clerk provides the additional information, uphold or reverse the determination of the county clerk described in Subsection (1)(b). (5) If the lieutenant governor determines that the feasibility request complies with Section 10-2a-202, the lieutenant governor shall: (a) certify the request; and (b) transmit written notification of the certification to the contact sponsor. (6) If the lieutenant governor determines that the feasibility request fails to comply with Section 10-2a-202, the lieutenant governor shall reject the feasibility request and notify the contact sponsor in writing of the rejection and the grounds for the rejection. (7) The lieutenant governor shall certify or reject feasibility requests in the order in which the requests are filed. (8) (a) If the lieutenant governor determines that the feasibility request fails to comply with Section 10-2a-202, the sponsors may, subject to Section 10-2a-206, amend the feasibility request to correct the deficiencies and refile the feasibility request with the county clerk. (b) The sponsors shall submit any amended feasibility request within 90 days after the day on which the lieutenant governor makes the determination or rejection described in Subsection (8)(a). (c) The sponsors may reuse a signature described in Subsection 10-2a-202(1)(a) that is on a rejected feasibility request or on an amended feasibility request described in Subsection (8)(a). (d) The county clerk and the lieutenant governor shall consider a feasibility request that is amended and refiled under Subsection (8)(a) as a newly filed feasibility request and process the feasibility request in accordance with this section.
Utah Code § 10-2a-211 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-211
§ 10-2a-211. Ballot used in incorporation election.
Status: in_force

(1) (a) The ballot used in an incorporation election described in Section 10-2a-210 shall pose the incorporation question substantially as follows:"Shall the area described as (insert a description of the proposed municipality) be incorporated as (insert the proposed name of the proposed municipality)?" (b) The ballot shall provide a space for the voter to answer "yes" or "no" to the question described in Subsection (1)(a). (2) The ballot for an incorporation election for a proposed city shall also: (a) (i) pose the question relating to the form of government substantially as follows:"If the above incorporation proposal passes, under what form of municipal government shall (insert the name of the proposed city) operate? Vote for one:Five-member council formSix-member council formFive-member council-mayor formSeven-member council-mayor form." (ii) provide a space for the voter to vote for one form of government; and (b) (i) pose the question of whether to elect city council members by district substantially as follows:"If the above incorporation proposal passes, shall members of the city council of (insert the name of the proposed city) be elected by district?"; and (ii) provide a space for the voter to answer "yes" or "no" to the question described in Subsection (2)(b)(i).
Utah Code § 10-6-154 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-154
§ 10-6-154. Duties of state auditor -- Adoption and expansion of uniform system.
Status: in_force

(1) The state auditor shall: (a) prescribe uniform accounting and reporting procedures for cities, in conformity with generally accepted accounting principles; (b) conduct a continuing review and modification of such procedures to improve them; (c) prepare and supply each city with suitable budget and reporting forms; and (d) prepare instructional materials, conduct training programs and render other services deemed necessary to assist cities in implementing the uniform accounting, budgeting and reporting procedures. (2) The Uniform Accounting Manual for Utah Cities shall prescribe reasonable exceptions and modifications for fourth and fifth class cities to the uniform system of accounting, budgeting, and reporting. (3) The state auditor shall establish and conduct a continuing review of suggested measurements and procedures for program and performance budgeting and reporting which may be evaluated on a statewide basis. (4) Cities may expand the uniform accounting and reporting procedures to better serve their needs; however, no deviations from or alterations to the basic prescribed classification systems for the identity of funds and accounts shall be made.
Utah Code § 10-18-304 — Utah Code / Title 10 / Chapter 10-18 / § 10-18-304
§ 10-18-304. Eminent domain.
Status: in_force

A municipality may not exercise the municipality's power of eminent domain to condemn the plant or equipment of a private provider for the purpose of providing to a subscriber: (1) a broadband service; (2) a cable television service; or (3) a public telecommunications service.
Utah Code § 10-5-119 — Utah Code / Title 10 / Chapter 10-5 / § 10-5-119
§ 10-5-119. Special fund balance -- Disposition when fund no longer required.
Status: in_force

If the purpose for which a special fund was created no longer exists, and a balance remains in the fund, the town council shall authorize the transfer of the balance to the fund balance account in the town general fund, subject to all of the following: (1) Any balance remaining in a special assessment fund and any unrequired balance in the town's special improvements guaranty fund shall be treated in the manner provided in Sections 11-42-413 and 11-42-701. (2) Any balance remaining in a capital improvements or capital projects fund shall be transferred to: (a) the appropriate debt service fund or other fund as required by the bond ordinance; or (b) to the fund balance account in the town general fund. (3) (a) If the town council proposes to transfer a balance held in a trust fund for a specific purpose, other than a cemetery perpetual care trust fund, because the trust fund's original purpose or restriction has ceased to exist, the town council shall hold a public hearing in accordance with Sections 10-5-108 and 10-5-109. (b) In addition to the notice requirements of Section 10-5-108, the published notice shall invite original contributors who contributed to the fund to appear at the hearing. (c) (i) If the town council determines that the fund balance amounts are refundable to the original fund contributors, the original contributors shall have 30 days after the day on which the hearing in Subsection (3)(a) is held to file with the council a verified claim only for the amount of each original contributor's contribution. (ii) Any claim not filed in accordance with this section is invalid and barred. (d) Any balance remaining, after refunds to eligible original contributors, shall be transferred to the fund balance account in the town general fund. (4) (a) If the town council decides, in accordance with applicable laws and ordinances, that the need for continued maintenance of its cemetery perpetual care trust fund no longer exists, the council may, subject to Subsection (4)(b), transfer the balance in the cemetery perpetual care trust fund to the capital improvements fund. (b) The balance transferred from the cemetery perpetual care trust fund to the capital improvements fund shall be used for cemetery purposes only, including land, buildings, or major improvements.
Utah Code § 10-8-84.5 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-84.5
§ 10-8-84.5. Limitations on employee benefits imposed by a municipality.
Status: in_force

(1) For the purpose of this section: (a) "Accident and health insurance" is as defined in Section 31A-1-301. (b) "Employee" means an individual employed by an employer. (c) "Employee benefit" means one or more benefits or services provided to: (i) an employee; or (ii) a dependent of an employee. (d) "Private employer" means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. (e) "Insurance" is as defined in Section 31A-1-301. (f) "Life insurance" is as defined in Section 31A-1-301. (2) A municipality may not enact or enforce an ordinance that establishes, mandates, or requires a private employer to establish or offer an employee benefit, including: (a) accident and health insurance; (b) life insurance; (c) sick leave; or (d) family medical leave. (3) Nothing in this section prohibits a municipality from considering an employee benefit described in Subsection (2) among other criteria when issuing a request for proposals.
Utah Code § 10-6-145 — Utah Code / Title 10 / Chapter 10-6 / § 10-6-145
§ 10-6-145. City treasurer -- Special assessments -- Application of proceeds.
Status: in_force

(1) All money received by the treasurer on any special assessment shall be applied to the payment of the improvement for which the assessment was made. (2) The money shall be used for the payment of interest and principal on bonds or other indebtedness issued in settlement thereof, and shall be used for no other purpose whatever, except as otherwise provided in Section 10-6-131.
Utah Code § 10-5-101 — Utah Code / Title 10 / Chapter 10-5 / § 10-5-101
§ 10-5-101. Short title.
Status: in_force

This chapter shall be known and may be cited as the "Uniform Fiscal Procedures Act for Utah Towns."
Utah Code § 10-2-701 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-701
§ 10-2-701. Petition for disincorporation -- Validity -- Certification of petition signatures -- Removal of signature -- District court order for election.
Status: in_force

(1) Disincorporation of a municipality shall be initiated upon petition. (2) The petition shall bear signatures equal in number to 25% of all votes cast from the municipality at the last congressional election. (3) No signature is valid, for purposes of this section, unless it is that of a registered voter who is a resident of the municipality proposed for disincorporation. (4) The petition containing the specified number of signatures shall be filed with the county clerk for validation by that officer. (5) Within 21 days after the day on which the county clerk receives a petition, the county clerk shall: (a) use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (2); and (b) certify on the petition whether each name is that of a registered voter from the municipality. (6) (a) A voter who signs a petition under this section may have the voter's signature removed from the petition by, no later than three business days after the day on which the petition is filed with the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed. (b) A statement described in Subsection (6)(a) shall comply with the requirements described in Subsection 20A-1-1003(2). (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature. (7) If the county clerk finds the petition valid, the clerk shall file the original with the district court and furnish a copy to the governing body of the municipality. (8) The district court, upon determining that the petition comports with Section 10-2-701.5 and that it does not offend Section 10-2-710 and is otherwise complete, shall order that the question of dissolution be placed before the voters of the municipality.
Utah Code § 10-3-703.7 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-703.7
§ 10-3-703.7. Administrative proceedings -- Penalty for code violation.
Status: in_force

(1) A municipality may adopt an ordinance establishing an administrative proceeding to review and decide a violation of a civil municipal ordinance. (2) An ordinance adopted in accordance with Subsection (1) shall provide due process for parties participating in the administrative proceeding. (3) (a) A municipality may not impose a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance unless the municipality provides to the individual who is subject to the penalty written notice that: (i) identifies the relevant regulation or ordinance at issue; (ii) specifies the violation of the relevant regulation or ordinance; and (iii) provides for a reasonable time to cure the violation, taking into account the cost of curing the violation. (b) A municipality may not collect on a nonjudicial penalty for a violation of a land use regulation or a nuisance ordinance that is outstanding or pending on or after May 14, 2019, unless the municipality imposed the outstanding or pending penalty in relation to a written notice that: (i) identified the relevant regulation or ordinance at issue; (ii) specified the violation of the relevant regulation or ordinance; and (iii) provided for a reasonable time to cure the violation, taking into account the cost of curing the violation.
Utah Code § 10-1-301 — Utah Code / Title 10 / Chapter 10-1 / § 10-1-301
§ 10-1-301. Title.
Status: in_force

This part shall be known as the "Municipal Energy Sales and Use Tax Act."
Utah Code § 10-2a-217 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-217
§ 10-2a-217. Filing of notice and approved final local entity plat with lieutenant governor -- Effective date of incorporation -- Necessity of recording documents and effect of not recording.
Status: in_force

(1) The mayor of the future municipality shall: (a) within 30 days after the day of the canvass of the final election of municipal officers under Section 10-2a-215, file with the lieutenant governor: (i) a copy of a notice of an impending boundary action, as defined in Section 67-1a-6.5, that complies with Subsection 67-1a-6.5(3); and (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5; and (b) upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5: (i) if the municipality is located within the boundary of a single county, submit to the recorder of that county the original: (A) notice of an impending boundary action; (B) certificate of incorporation; and (C) approved final local entity plat; or (ii) if the municipality is located within the boundaries of more than one county, submit the original of the documents described in Subsection (1)(b)(i) to one of those counties and a certified copy of those documents to each other county. (2) (a) The incorporation of a new municipality is effective upon the lieutenant governor's issuance of a certificate of incorporation under Section 67-1a-6.5. (b) Notwithstanding any other provision of law, a municipality is conclusively presumed to be lawfully incorporated and existing if, for two years following the municipality's incorporation: (i) (A) the municipality has levied and collected a property tax; or (B) for a municipality incorporated on or after July 1, 1998, the municipality has imposed a sales and use tax; and (ii) no challenge to the existence or incorporation of the municipality has been filed in the district court for the county in which the municipality is located. (3) (a) The effective date of an incorporation for purposes of assessing property within the new municipality is governed by Section 59-2-305.5. (b) Until the documents listed in Subsection (1)(b) are recorded in the office of the recorder of each county in which the property is located, a newly incorporated municipality may not: (i) levy or collect a property tax on property within the municipality; (ii) levy or collect an assessment on property within the municipality; or (iii) charge or collect a fee for service provided to property within the municipality.
Utah Code § 10-7-80 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-80
§ 10-7-80. Development committee -- Appointment of members -- Terms, compensation and expenses, vacancies and removal of members.
Status: in_force

(1) The board of city commissioners or council of any city within the state is hereby authorized and empowered to appoint by resolution an unpaid commission of three or more members, to be known as the city resource development committee. (2) One or more members of the board of city commissioners or council shall be designated by the board of city commissioners or council as members of such committee. (3) Each of the other members of the committee shall be a resident of the city. (4) The term of appointed members of the committee shall be two years and until their respective successors have been appointed. (5) The members of the committee shall serve as such without compensation, except that the board of city commissioners or council may provide for reimbursement of the members of the committee for actual expenses incurred, upon presentation of proper receipts and vouchers. (6) The board of city commissioners or council shall provide for the filling of vacancies in the membership of the committee and for the removal of a member for nonperformance of duty or misconduct.
Utah Code § 10-20-607 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-607
§ 10-20-607. Termination of a billboard and associated rights.
Status: in_force

(1) A municipality may only require termination of a billboard and associated rights through: (a) gift; (b) purchase; (c) agreement; (d) exchange; or (e) eminent domain. (2) A termination under Subsection (1)(a), (b), (c), or (d) requires the voluntary consent of the billboard owner. (3) A termination under Subsection (1)(e) requires the municipality to: (a) acquire the billboard and associated rights through eminent domain, in accordance with Title 78B, Chapter 6, Part 5, Eminent Domain, except as provided in Subsections 10-20-608(2)(f) and (h); and (b) after acquiring the rights under Subsection (3)(a), terminate the billboard and associated rights.
Utah Code § 10-20-626 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-626
§ 10-20-626. Structure height.
Status: in_force

(1) A municipality may regulate: (a) the number of habitable stories that a structure may contain; and (b) the overall height of a structure. (2) If a land use authority approved a land use application for a commercial lodging structure on or before September 1, 2025, and the land use application is subject to land use regulations described in Subsection (1) that conflict, the land use authority may not limit the number of above-ground habitable stories the land use applicant builds within the maximum overall height that the land use authority approved for the structure.
Utah Code § 10-3b-402 — Utah Code / Title 10 / Chapter 10-3b / § 10-3b-402
§ 10-3b-402. Mayor in a five-member council form of government.
Status: in_force

(1) The mayor in a municipality operating under a five-member council form of municipal government: (a) is a regular and voting member of the council; (b) is the chair of the council and presides at all council meetings; (c) exercises ceremonial functions for the municipality; (d) may not veto any ordinance, tax levy, or appropriation passed by the council; and (e) except as modified by ordinance under Subsection 10-3b-403(2), has the powers and duties described in Section 10-3b-104. (2) (a) If the mayor is absent or unable or refuses to act, the council may elect a member of the council as mayor pro tempore, to: (i) preside at a council meeting; and (ii) perform, during the mayor's absence, disability, or refusal to act, the duties and functions of mayor. (b) The municipal clerk or recorder shall enter in the minutes of the council meeting the election of a council member as mayor pro tempore under Subsection (2)(a).
Utah Code § 10-3-606 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-606
§ 10-3-606. Rules of order and procedure.
Status: in_force

(1) As used in this section, "rules of order and procedure" means a set of rules that govern and prescribe in a public meeting: (a) parliamentary order and procedure; (b) ethical behavior; and (c) civil discourse. (2) (a) Subject to Subsection (2)(b), a municipal legislative body shall: (i) adopt rules of order and procedure to govern a public meeting of the legislative body; (ii) conduct a public meeting in accordance with the rules of order and procedure described in Subsection (2)(a)(i); and (iii) make the rules of order and procedure described in Subsection (2)(a)(i) available to the public: (A) at each meeting of the municipal legislative body; and (B) on the municipality's public website, if available. (b) Subsection (2)(a) does not affect a municipal legislative body's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
Utah Code § 10-5-109 — Utah Code / Title 10 / Chapter 10-5 / § 10-5-109
§ 10-5-109. Adoption of budgets -- Filing.
Status: in_force

(1) Before June 30 of each year, or September 1 in the case of a property tax rate increase under Sections 59-2-919 through 59-2-923, the council shall by resolution or ordinance adopt a budget for the ensuing fiscal year for each fund for which a budget is required under this chapter. (2) The council shall file a copy of the final budget for each fund with the state auditor within 30 days after adoption.
Utah Code § 10-8-55.5 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-55.5
§ 10-8-55.5. Prohibition of flat response fee.
Status: in_force

(1) A municipality, or a person who contracts with a municipality to provide emergency services: (a) may not impose a flat fee, or collect a flat fee, from an individual involved in a traffic incident; and (b) may only charge the individual for the actual cost of services provided in responding to the traffic incident, limited to: (i) medical costs for: (A) transporting an individual from the scene of a traffic accident; or (B) treatment of a person injured in a traffic accident; (ii) repair to damaged public property, if the individual is legally liable for the damage; (iii) the cost of materials used in cleaning up the traffic accident, if the individual is legally liable for the traffic accident; and (iv) towing costs. (2) If a municipality, or a person who contracts with a municipality to provide emergency services, imposes a charge on more than one individual for the actual cost of responding to a traffic incident, the municipality or person contracting with the municipality shall apportion the charges so that it does not receive more for responding to the traffic incident than the actual response cost.
Utah Code § 10-20-401 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-401
§ 10-20-401. General plan required -- Content.
Status: in_force

(1) To accomplish the purposes of this chapter, a municipality shall prepare and adopt a comprehensive, long-range general plan for: (a) present and future needs of the municipality; and (b) growth and development of all or any part of the land within the municipality. (2) The general plan may provide for: (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic activities, aesthetics, and recreational, educational, and cultural opportunities; (b) the reduction of the waste of physical, financial, or human resources that result from either excessive congestion or excessive scattering of population; (c) the efficient and economical use, conservation, and production of the supply of: (i) food and water; and (ii) drainage, sanitary, and other facilities and resources; (d) the use of energy conservation and solar and clean energy resources; (e) the protection of urban development; (f) if the municipality is a town, the protection or promotion of moderate income housing; (g) the protection and promotion of air quality; (h) historic preservation; (i) identifying future uses of land that are likely to require an expansion or significant modification of services or facilities provided by an affected entity; and (j) an official map. (3) Subject to Section 10-20-404, the municipality may determine the comprehensiveness, extent, and format of the general plan. (4) Except for a city of the fifth class or a town, on or before December 31, 2025, a municipality that has a general plan that does not include a water use and preservation element that complies with Section 10-20-404 shall amend the municipality's general plan to comply with Section 10-20-404.
Utah Code § 10-3b-607 — Utah Code / Title 10 / Chapter 10-3b / § 10-3b-607
§ 10-3b-607. Effective date of change in the form of government.
Status: in_force

A change in the form of government under this chapter takes effect at noon on the first Monday of January next following the election of officers under Section 10-3b-606.
Utah Code § 10-3-818 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-818
§ 10-3-818. Salaries in municipalities -- Notice.
Status: in_force

(1) The elective and statutory officers of municipalities shall receive the compensation for their services that the governing body fixes by ordinance adopting compensation or compensation schedules enacted after public hearing. (2) (a) As used in this Subsection (2): (i) "Compensation" means: (A) salary, including salary paid under a contract; (B) a budgeted bonus or budgeted incentive pay; (C) a vehicle allowance; and (D) deferred salary. (ii) "Compensation increase" means an increase in any item of compensation listed in Subsection (2)(a)(i). (iii) "Executive municipal officer" means: (A) the city or town manager or chief administrative officer; (B) the assistant city or town manager or assistant city or town chief administrative officer; (C) the city or town attorney; (D) an individual who is the head or chief of a city or town department or division; or (E) an individual who is the chief assistant or deputy of an individual described in Subsection (2)(a)(iii)(D). (b) Before a governing body may adopt a final budget or a final amended budget that includes a compensation increase for an executive municipal officer, the governing body shall: (i) hold a public hearing on the compensation increase; and (ii) publish notice of the time, place, and purpose of the public hearing: (A) for at least seven days before the date of the public hearing; and (B) as a class A notice under Section 63G-30-102. (c) A public hearing under Subsection (2)(b)(i): (i) shall be held separate from any other public hearing; and (ii) may be held the same day as another public hearing, including immediately before or after the other public hearing.
Utah Code § 10-8-87 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-87
§ 10-8-87. Transportation connectivity plan -- Reporting.
Status: in_force

(1) On or before July 1, 2027, a municipality within a metropolitan planning organization boundary shall, in consultation with relevant stakeholders, update the transportation and traffic circulation element of the municipality's general plan as described in Subsection 10-20-404(2)(a)(ii) to identify priority connections to remedy physical impediments, including water conveyances, that would improve circulation and enhance vehicle, transit, bicycle, or pedestrian access to significant economic, educational, recreational, and other priority destinations. (2) For a priority connection identified in accordance with Subsection (1), a municipality shall identify: (a) cost estimates; (b) potential funding sources, including state, local, federal, and private funding; and (c) impediments to constructing the connections. (3) (a) A metropolitan planning organization, in consultation with each affected municipality, shall report to the Transportation Interim Committee regarding: (i) the status of the required municipal modifications to general plans required by Subsection (2); (ii) the status of a regional roadway grid network study; (iii) physical and other impediments to constructing priority transportation connections; and (iv) potential funding sources, including state, local, federal, and private funding, to make transportation connectivity improvements. (b) The metropolitan planning organization shall provide the report described in Subsection (3)(a) on or before November 1 of 2025, 2026, and 2027. (4) Enhancement of transportation connectivity as described in Subsection (1) shall be given consideration in the prioritization processes described in Sections 72-1-304 and 72-2-302.
Utah Code § 10-8-1.7 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-1.7
§ 10-8-1.7. Use of incremental tax revenue for relocation expenses of displaced mobile home park residents.
Status: in_force

(1) As used in this section: (a) "Displaced mobile home park resident" means a resident within a mobile home park who is required to relocate his or her residence from the mobile home park because of development activities that will change the use of the property on which the mobile home park is located. (b) "Former mobile home park property" means property on which a mobile home park was located but whose use has changed from a mobile home park because of development activities that require mobile home park residents to relocate. (c) "Incremental tax revenue" means property tax revenue that: (i) is generated from a former mobile home park property located within a municipality; (ii) exceeds the amount of property tax revenue the former mobile home park property would have generated if its use had not changed from a mobile home park; and (iii) is levied and collected by: (A) the municipality in which the former mobile home park property is located; or (B) another taxing entity. (d) "Taxing entity" has the same meaning as defined in Section 59-2-102. (2) A municipality may use incremental tax revenue to pay some or all of the relocation expenses of a displaced mobile home park resident. (3) Any taxing entity may share some or all of its incremental tax revenue with a municipality for use as provided in Subsection (2).
Utah Code § 10-8-90 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-90
§ 10-8-90. Ownership and operation of hospitals.
Status: in_force

(1) Each city of the third, fourth, or fifth class and each town of the state is authorized to construct, own, and operate hospitals and to join with other cities, towns, and counties in the construction, ownership, and operation of hospitals. (2) (a) Beginning July 1, 2017, a hospital under Subsection (1) that owns a nursing care facility regulated under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, and uses an intergovernmental transfer as that term is defined in Section 26B-3-130 may not enter into a new agreement or arrangement to operate a nursing care facility in another city, town, or county without first entering into an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or other contract with the other city, town, or county to operate the nursing care facility. (b) Subsection (2)(a) only applies to a city or town described in Subsection (1).
Utah Code § 10-2a-202 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-202
§ 10-2a-202. Feasibility request -- Requirements -- Limitations.-- Request to Utah Population Committee.
Status: in_force

(1) 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 : (a) includes the signatures of 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, 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; (b) includes the typed or printed name and current residence address of each owner signing the request; and (c) is accompanied by the Utah Population Committee's written notice under Subsection (2)(d)(ii). (2) (a) 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. (b) A written request under Subsection (2)(a) shall: (i) 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; (ii) provide a description of the contiguous area proposed to be incorporated as a municipality; and (iii) be accompanied by an accurate map or plat, prepared by a licensed surveyor, showing a legal description of the boundary of the proposed municipality. (c) Within seven business days after receiving a request under Subsection (2)(a), the lieutenant governor shall transmit the request to the Utah Population Committee. (d) Within 20 days after receiving a written request from the lieutenant governor under Subsection (2)(c), the Utah Population Committee shall: (i) 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 (ii) provide a written notice of the determination to: (A) the lieutenant governor; and (B) the individual who submitted the request under Subsection (2)(a). (e) 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. (f) A feasibility request may not be filed more than 30 days after the Utah Population Committee's written determination under Subsection (2)(d). (3) The feasibility request shall include: (a) 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); (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; (c) 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); (d) a copy of the Utah Population Committee's written determination under Subsection (2)(d); and (e) a request that the lieutenant governor commission a study to determine the feasibility of incorporating the area as a municipality. (4) 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: (a) written notice that the individual filed the feasibility request that indicates the day on which the individual filed the feasibility request; and (b) a complete copy of the feasibility request, including a copy of the written determination by the Utah Population Committee under Subsection (2)(d). (5) 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: (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. (6) 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. (7) 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.
Utah Code § 10-20-102 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-102
§ 10-20-102. Definitions.
Status: in_force

As used in this chapter: (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. (2) "Adversely affected party" means a person other than a land use applicant who: (a) owns real property adjoining the property that is the subject of a land use application or land use decision; or (b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. (3) "Affected entity" means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if: (a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; (b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or (c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. (4) "Affected owner" means the owner of real property that is: (a) a single project; and (b) the subject of a land use approval that: (i) sponsors of a referendum timely challenged in accordance with Section 20A-7-601; and (ii) is determined to be legally referable under Section 20A-7-602.8. (5) "Appeal authority" means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. (7) (a) "Boundary adjustment" means an agreement between adjoining property owners to relocate a common boundary that results in a conveyance of property between the adjoining lots, adjoining parcels, or adjoining lots and parcels. (b) "Boundary adjustment" does not mean a modification of a lot or parcel boundary that: (i) creates an additional lot or parcel; or (ii) is made by the Department of Transportation. (8) (a) "Boundary establishment" means an agreement between adjoining property owners to clarify the location of an ambiguous, uncertain, or disputed common boundary. (b) "Boundary establishment" does not mean a modification of a lot or parcel boundary that: (i) creates an additional lot or parcel; or (ii) is made by the Department of Transportation. (9) "Building code adoption cycle" means the period of time beginning the day on which a specific edition of a construction code from a nationally recognized code authority is adopted and effective in Title 15A, State Construction and Fire Codes Act, until the day before a new edition of a construction code is adopted and effective in Title 15A, State Construction and Fire Codes Act. (10) (a) "Charter school" means: (i) an operating charter school; (ii) a charter school applicant that a charter school authorizer approves in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or (iii) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. (b) "Charter school" does not include a therapeutic school. (11) "Conditional use" means a land use that, because of the unique characteristics or potential detrimental impact of the land use on the municipality, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. (12) "Constitutional taking" means a governmental action that results in a taking of private property where compensation to the property owner is required by the: (a) Fifth or Fourteenth Amendment to the Constitution of the United States; or (b) Utah Constitution, Article I, Section 22. (13) "Conveyance document" means an instrument that: (a) meets the definition of "document" in Section 57-1-1; and (b) meets the requirements of Section 57-1-45.5. (14) "Conveyance of property" means the transfer of ownership of any portion of real property from one person to another person. (15) "Culinary water authority" means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. (16) "Department of Transportation" means the entity created in Section 72-1-201. (17) "Development activity" means: (a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; (b) any change in use of a building or structure that creates additional demand and need for public facilities; or (c) any change in the use of land that creates additional demand and need for public facilities. (18) (a) "Development agreement" means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. (b) "Development agreement" does not include an improvement completion assurance. (19) (a) "Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. (b) "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in the Controlled Substances Act, 21 U.S.C. Sec. 802. (20) "Document" means the same as that term is defined in Section 57-1-1. (21) "Educational facility": (a) means: (i) a school district's building at which pupils assemble to receive instruction in a program for any combination of grades from preschool through grade 12, including kindergarten and a program for children with disabilities; (ii) a structure or facility: (A) located on the same property as a building described in Subsection (21)(a)(i); and (B) used in support of the use of that building; and (iii) a building to provide office and related space to a school district's administrative personnel; and (b) does not include: (i) land or a structure, including land or a structure for inventory storage, equipment storage, food processing or preparing, vehicle storage or maintenance, or similar use that is: (A) not located on the same property as a building described in Subsection (21)(a)(i); and (B) used in support of the purposes of a building described in Subsection (21)(a)(i); or (ii) a therapeutic school. (22) "Establishment document" means an instrument that: (a) meets the definition of "document" in Section 57-1-1; and (b) meets the requirements of Section 57-1-45. (23) "Fire authority" means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. (24) "Flood plain" means land that: (a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or (b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. (25) "Full boundary adjustment" means a boundary adjustment that is not a simple boundary adjustment. (26) "General plan" means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. (27) "Geologic hazard" means: (a) a surface fault rupture; (b) shallow groundwater; (c) liquefaction; (d) a landslide; (e) a debris flow; (f) unstable soil; (g) a rock fall; or (h) any other geologic condition that presents a risk: (i) to life; (ii) of substantial loss of real property; or (iii) of substantial damage to real property. (28) "Historic preservation authority" means a person, board, commission, or other body designated by a legislative body to: (a) recommend land use regulations to preserve local historic districts or areas; and (b) administer local historic preservation land use regulations within a local historic district or area. (29) "Home-based microschool" means the same as that term is defined in Section 53G-6-201. (30) "Hookup fee" means a fee for the installation and inspection of any pipe, line, meter, or appurtenance that connects to a municipal water, sewer, storm water, power, or other utility system. (31) (a) "Identical plans" means floor plans submitted to a municipality that: (i) are submitted within the same building code adoption cycle as floor plans that were previously approved by the municipality; (ii) have no structural differences from floor plans that were previously approved by the municipality; and (iii) describe a building that: (A) is located on land zoned the same as the land on which the building described in the previously approved plans is located; (B) has a substantially identical floor plan to a floor plan previously approved by the municipality; and (C) does not require any engineering or analysis beyond a review to confirm the submitted floor plans are substantially identical to a floor plan previously approved by the municipality or a review of the site plan and associated geotechnical reports for the site. (b) "Identical plans" include floor plans that are oriented differently as the floor plan that was previously approved by the municipality. (32) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. (33) "Improvement completion assurance" means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to: (a) recording a subdivision plat; or (b) development of a commercial, industrial, mixed use, or multifamily project. (34) "Improvement warranty" means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement: (a) complies with the municipality's written standards for design, materials, and workmanship; and (b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. (35) "Improvement warranty period" means a period: (a) no later than one year after a municipality's acceptance of required public landscaping; or (b) no later than one year after a municipality's acceptance of required infrastructure, unless the municipality: (i) determines, based on accepted industry standards and for good cause, that a one-year period would be inadequate to protect the public health, safety, and welfare; and (ii) has substantial evidence, on record: (A) of prior poor performance by the applicant; or (B) that the area upon which the infrastructure will be constructed contains suspect soil and the municipality has not otherwise required the land use applicant to mitigate the suspect soil. (36) "Infrastructure improvement" means permanent infrastructure that is essential for the public health and safety or that: (a) is required for human occupation; and (b) an applicant shall install: (i) in accordance with published installation and inspection specifications for public improvements; and (ii) whether the improvement is public or private, as a condition of: (A) recording a subdivision plat; (B) obtaining a building permit; or (C) development of a commercial, industrial, mixed use, condominium, or multifamily project. (37) "Internal lot restriction" means a platted note, platted demarcation, or platted designation that: (a) runs with the land; and (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or (ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. (38) "Land use applicant" means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. (39) "Land use application": (a) means an application that is: (i) required by a municipality; and (ii) submitted by a land use applicant to obtain a land use decision; and (b) does not mean an application to enact, amend, or repeal a land use regulation. (40) "Land use authority" means: (a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. (41) "Land use decision" means an administrative decision of a land use authority or appeal authority regarding: (a) a land use permit; or (b) a land use application. (42) "Land use permit" means a permit issued by a land use authority. (43) "Land use regulation": (a) means a legislative decision enacted by ordinance, law, code, map, resolution, engineering or development standard, specification for public improvement, fee, or rule that governs the use or development of land; (b) includes the adoption or amendment of a zoning map or the text of the zoning code; and (c) does not include: (i) a land use decision of the legislative body acting as the land use authority, even if the decision is expressed in a resolution or ordinance; or (ii) a temporary revision to an engineering specification that does not materially: (A) increase a land use applicant's cost of development compared to the existing specification; or (B) impact a land use applicant's use of land. (44) "Legislative body" means the municipal council. (45) "Local historic district or area" means a geographically definable area that: (a) contains any combination of buildings, structures, sites, objects, landscape features, archeological sites, or works of art that contribute to the historic preservation goals of a legislative body; and (b) is subject to land use regulations to preserve the historic significance of the local historic district or area. (46) "Lot" means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. (47) "Major transit investment corridor" means public transit service that uses or occupies: (a) public transit rail right-of-way; (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or (c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and: (i) a public transit district as defined in Section 17B-2a-802; or (ii) an eligible political subdivision as defined in Section 59-12-2202. (48) "Micro-education entity" means the same as that term is defined in Section 53G-6-201. (49) "Moderate income 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 for households of the same size in the county in which the city is located. (50) "Municipal utility easement" means an easement that: (a) is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use; (b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27; (c) the municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines; (d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement; (e) (i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and (ii) is located in a utility easement granted for public use; or (f) is described in Section 10-20-615 and is used by a specified public utility. (51) "Nominal fee" means a fee that reasonably reimburses a municipality only for time spent and expenses incurred in: (a) verifying that building plans are identical plans; and (b) reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans. (52) "Noncomplying structure" means a structure that: (a) legally existed before the structure's current land use designation; and (b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations, which govern the use of land. (53) "Nonconforming use" means a use of land that: (a) legally existed before the land's current land use designation; (b) has been maintained continuously since the time the land use ordinance governing the land changed; and (c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. (54) "Official map" means a map drawn by municipal authorities and recorded in a county recorder's office that: (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; (b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (c) has been adopted as an element of the municipality's general plan. (55) "Parcel" means any real property that is not a lot. (56) "Person" means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. (57) "Plan for moderate income housing" means a written document adopted by a municipality's legislative body that includes: (a) an estimate of the existing supply of moderate income housing located within the municipality; (b) an estimate of the need for moderate income housing in the municipality for the next five years; (c) a survey of total residential land use; (d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and (e) a description of the municipality's program to encourage an adequate supply of moderate income housing. (58) "Planning commission" means the commission established under Section 10-20-301. (59) "Plat" means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-20-803 or 57-8-13. (60) "Potential geologic hazard area" means an area that: (a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or (b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. (61) "Property owner" means a person that holds legal title in real property. (62) "Public agency" means: (a) the federal government; (b) the state; (c) a county, municipality, school district, special district, special service district, or other political subdivision of the state; or (d) a charter school. (63) "Public hearing" means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. (64) "Public meeting" means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. (65) "Public street" means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. (66) "Receiving zone" means an area that a municipality designates, by ordinance, as an area in which an owner of land may receive a transferable development right. (67) "Record of survey map" means a map of a survey of land prepared in accordance with Section 17-73-504. (68) "Residential facility for persons with a disability" means a residence: (a) in which more than one person with a disability resides; and (b) which is licensed or certified by the Department of Health and Human Services under: (i) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities; or (ii) Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection. (69) "Residential roadway" means a public local residential road that: (a) will serve primarily to provide access to adjacent primarily residential areas and property; (b) is designed to accommodate minimal traffic volumes or vehicular traffic; (c) is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan; (d) has a posted speed limit of 25 miles per hour or less; (e) does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network; (f) cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries; and (g) primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas. (70) "Rules of order and procedure" means a set of rules that govern and prescribe in a public meeting: (a) parliamentary order and procedure; (b) ethical behavior; and (c) civil discourse. (71) "Sanitary sewer authority" means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. (72) "Sending zone" means an area that a municipality designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. (73) "Simple boundary adjustment" means a boundary adjustment that does not: (a) affect a public right-of-way, municipal utility easement, or other public property; (b) affect an existing easement, onsite wastewater system, or an internal lot restriction; or (c) result in a lot or parcel out of conformity with land use regulations. (74) "Special district" means an entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. (75) "Specific land use law" means a requirement or restriction on the use of a specific parcel in a development agreement that a legislative body approves with the consent of an affected property owner. (76) "Specified public agency" means: (a) the state; (b) a school district; or (c) a charter school. (77) "Specified public utility" means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. (78) "State" includes any department, division, or agency of the state. (79) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. (b) "Subdivision" includes: (i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and (ii) except as provided in Subsection (79)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. (c) "Subdivision" does not include: (i) a bona fide division or partition of land used for agricultural purposes as provided in Subsection 10-20-808(2); (ii) a recorded conveyance document: (A) consolidating multiple lots or parcels into one legal description encompassing all lots by reference to a recorded plat and all parcels by metes and bounds description; or (B) joining a lot to a parcel; (iii) a bona fide division of land by deed or other instrument if the deed or other instrument states in writing that the division: (A) is in anticipation of future land use approvals on the parcel or parcels; (B) does not confer any land use approvals; and (C) has not been approved by the land use authority; (iv) a boundary adjustment; (v) a boundary establishment; (vi) a road, street, or highway dedication plat; (vii) a deed or easement for a road, street, or highway purpose; or (viii) any other division of land authorized by law. (80) (a) "Subdivision amendment" means an amendment to a recorded subdivision in accordance with Section 10-20-811 that: (i) vacates all or a portion of the subdivision; (ii) increases the number of lots within the subdivision; (iii) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or (iv) alters a common area or other common amenity within the subdivision. (b) "Subdivision amendment" does not include a simple boundary adjustment. (81) "Substantial evidence" means evidence that: (a) is beyond a scintilla; and (b) a reasonable mind would accept as adequate to support a conclusion. (82) "Suspect soil" means soil that has: (a) a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential; (b) bedrock units with high shrink or swell susceptibility; or (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features. (83) "Therapeutic school" means a residential group living facility: (a) for four or more individuals who are not related to: (i) the owner of the facility; or (ii) the primary service provider of the facility; (b) that serves students who have a history of failing to function: (i) at home; (ii) in a public school; or (iii) in a nonresidential private school; and (c) that offers: (i) room and board; and (ii) an academic education integrated with: (A) specialized structure and supervision; or (B) services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development. (84) "Transferable development right" means a right to develop and use land that originates by an ordinance that authorizes a property owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. (85) "Unincorporated" means the area outside of the incorporated area of a city or town. (86) "Water interest" means any right to the beneficial use of water, including: (a) each of the rights listed in Section 73-1-11; and (b) an ownership interest in the right to the beneficial use of water represented by: (i) a contract; or (ii) a share in a water company, as defined in Section 73-3-3.5. (87) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts.
Utah Code § 10-7-31 — Utah Code / Title 10 / Chapter 10-7 / § 10-7-31
§ 10-7-31. Sale of property to satisfy claims for special taxes.
Status: in_force

(1) (a) The city treasurer may: (i) seize any personal property belonging to any company described in Section 10-7-30 to satisfy a delinquent political subdivision lien described in Section 10-7-30; and (ii) sell the seized personal property upon advertisement and in the same manner as constables may sell personal property upon execution. (b) Failure to seize and sell personal property in accordance with Subsection (1)(a) does not affect or impair the lien described in Section 10-7-30 or any proceeding allowed by law to enforce the lien. (2) The county may sell all or a portion of the real property the company described in Section 10-7-30 owns for the payment of the lien through a tax sale in accordance with Title 59, Chapter 2, Part 13, Collection of Taxes.
Utah Code § 10-1-407 — Utah Code / Title 10 / Chapter 10-1 / § 10-1-407
§ 10-1-407. Attributing the gross receipts from telecommunications service to a municipality -- Rate impact.
Status: in_force

(1) The gross receipts from a telecommunications service are attributed to a municipality if the gross receipts are from a transaction for telecommunications service that is located within the municipality: (a) for purposes of sales and use taxes under Title 59, Chapter 12, Sales and Use Tax Act; and (b) determined in accordance with Section 59-12-215. (2) (a) The rate imposed on the gross receipts for telecommunications service shall be determined in accordance with Subsection (2)(b) if the location of a transaction for telecommunications service is determined under Subsection (1) to be a municipality other than the municipality in which is located: (i) for telecommunications service other than mobile telecommunications service, the customer's service address; or (ii) for mobile telecommunications service, the customer's primary place of use. (b) The rate imposed on the gross receipts for telecommunications service described in Subsection (2)(a) shall be the lower of: (i) the rate imposed by the taxing jurisdiction in which the transaction is located under Subsection (1); or (ii) the rate imposed by the municipality in which it is located: (A) for telecommunications service other than mobile telecommunications service, the customer's service address; or (B) for mobile telecommunications service, the customer's primary place of use.
Utah Code § 10-8-85.7 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-85.7
§ 10-8-85.7. Implements of husbandry tracking debris onto municipal roads.
Status: in_force

A municipality may not prohibit or punish the tracking of dirt, mud, or other debris onto a municipal road resulting from the operation of an implement of husbandry if the operation of the implement of husbandry is consistent with accepted agricultural practices.
Utah Code § 10-2-809 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-809
§ 10-2-809. Boundary commission -- Creation -- Members -- Terms -- Chair -- Boundary commission quorum -- Municipal selection committee.
Status: in_force

(1) The legislative body of each county: (a) may create a boundary commission on its own initiative at any time; and (b) shall create a boundary commission within 30 days of the filing of a protest under Section 10-2-810. (2) A boundary commission shall hear and decide, according to the provisions of this part, any protest filed under Section 10-2-810 with respect to an area that is located within the boundary commission's county. (3) Each boundary commission shall be composed of: (a) in a county with two or more municipalities: (i) two members who are elected county officers, appointed by: (A) in a county operating under a form of government in which the executive and legislative functions are separated, the county executive with the advice and consent of the county legislative body; or (B) in a county operating under a form of government in which the executive and legislative functions of the governing body are not separated, the county legislative body; (ii) two members who are elected municipal officers from separate municipalities within the county, appointed by the municipal selection committee described in Subsection (13); and (iii) three members who are residents of the county, none of whom is a county or municipal elected officer, appointed by the four other members of the boundary commission; and (b) in a county with only one municipality: (i) two members who are county elected officers, appointed by the county legislative body; (ii) one member who is a municipal elected officer, appointed by the governing body of the municipality; and (iii) two members who are residents of the county, neither of whom is a county or municipal elected officer, appointed by the other three members of the boundary commission. (4) At the expiration of the term of each member appointed under this section, the member's successor shall be appointed by the same body that appointed the member whose term is expiring, as provided in this section. (5) (a) Except as provided in Subsection (5)(b), the term of each member of a boundary commission: (i) is approximately four years; and (ii) begins and expires on the first Monday of January of the applicable year. (b) Notwithstanding Subsection (5)(a), the terms of the first members of a boundary commission shall be staggered by lot so that: (i) on a seven-member commission described in Subsection (3)(a), the term of one member is approximately one year, the term of two members is approximately two years, the term of two members is approximately three years, and the term of two members is approximately four years; and (ii) on a five-member commission described in Subsection (3)(b), the term of two members is approximately two years and the term of the other three members is approximately four years. (c) A vacancy on a boundary commission shall be filled for the remaining unexpired term in the same manner that the predecessor member was appointed, as described in Subsection (3). (6) (a) (i) The members of a boundary commission shall elect a chair from the eligible membership of the boundary commission. (ii) A member of a boundary commission is eligible to serve as chair if the member has at least two years remaining in the member's term. (b) The term of a boundary commission chair is two years from the day on which the chair is elected. (7) (a) A majority of the members of the boundary commission constitutes a quorum. (b) Boundary commission action requires a majority vote of the members of the boundary commission. (8) (a) A member of the boundary commission is disqualified from hearing and deciding a protest if the boundary commission member owns any property within the area proposed for annexation that is the subject of the protest. (b) In the event a member of the boundary commission is disqualified as described in Subsection (8)(a), the body that appointed the disqualified member of the boundary commission shall appoint an alternate member of the boundary commission to hear and decide the protest. (9) In considering a protest filed under Section 10-2-810, the boundary commission may: (a) adopt and enforce rules of procedure for the orderly and fair conduct of boundary commission proceedings; (b) authorize a member of the boundary commission to administer oaths, if necessary in the performance of the boundary commission's duties; (c) employ staff or retain professional or consulting services reasonably necessary to enable the commission to carry out the boundary commission's duties; (d) incur reasonable and necessary expenses in order to carry out the boundary commission's duties; and (e) request any additional information from the sponsor of the protest that the boundary commission considers necessary to make a determination. (10) The legislative body of each county shall, with respect to the boundary commission in that county: (a) furnish the boundary commission with any necessary office space, equipment, and supplies; (b) pay necessary operating expenses incurred by the boundary commission; and (c) reimburse the reasonable and necessary expenses incurred by each member appointed under Subsection (2), unless otherwise provided by interlocal agreement. (11) Each county legislative body or municipal legislative body shall reimburse the reasonable and necessary expenses incurred by a boundary commission member who is a county or municipal elected officer, respectively. (12) The boundary commission may request, and a relevant county or municipality shall provide, records, information, or any other relevant material necessary to enable the boundary commission to hear and decide a protest. (13) (a) A municipal selection committee consists of the municipal executive of each municipality in the county. (b) (i) In a county with an odd number of municipalities, a majority of the members of a municipal selection committee constitutes a quorum. (ii) In a county with an even number of municipalities, half of the members of the municipal selection committee constitutes a quorum. (c) A legislative body that creates a boundary commission described in Subsection (3)(a) shall, at the same time the legislative body creates the boundary commission as described in Subsection (1), notify the municipal selection committee of the obligation to select the members described in Subsection (3)(a)(ii).
Utah Code § 10-2a-216 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-216
§ 10-2a-216. Notification to lieutenant governor of election of municipal officers.
Status: in_force

Within 10 days after the day on which the county conducts the canvass of the final election of municipal officers under Section 10-2a-215, the county clerk shall send written notice to the lieutenant governor of the name and position of each officer elected in a new municipality and the term for which each has been elected.
Utah Code § 10-2-812 — Utah Code / Title 10 / Chapter 10-2 / § 10-2-812
§ 10-2-812. Annexation of an island or peninsula without a petition -- Notice -- Hearing.
Status: in_force

(1) Notwithstanding Subsection 10-2-804(4), a municipality may annex an unincorporated area under this section without an annexation petition if: (a) for an unincorporated area within the expansion area of more than one municipality, each municipality agrees to the annexation; and (b) (i) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality; (B) the majority of each island or peninsula consists of residential or commercial development; (C) the area proposed for annexation requires the delivery of municipal-type services; and (D) the municipality has provided most or all of the municipal-type services to the area for more than one year; (ii) (A) the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and (B) the municipality has provided one or more municipal-type services to the area for at least one year; (iii) the area consists of: (A) an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and (B) no more than 50 acres; or (iv) (A) the area to be annexed consists only of one or more unincorporated islands in a county of the second class; (B) the area to be annexed is located in the expansion area of a municipality; and (C) the county legislative body in which the municipality is located provides notice to each property owner within the area to be annexed that the county legislative body will hold a public hearing, no less than 15 days after the day on which the county legislative body provides the notice, and may make a recommendation of annexation to the municipality whose expansion area includes the area to be annexed after the public hearing. (2) Notwithstanding Subsection 10-2-804(2)(c), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if: (a) in adopting the resolution under Subsection (3)(a) the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality's best interest; and (b) for an annexation of one or more unincorporated islands under Subsection (1)(b), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (1)(b)(ii) relating to the number of residents. (3) The legislative body of each municipality intending to annex an area under this section shall: (a) adopt a resolution indicating the municipal legislative body's intent to annex the area, describing the area proposed to be annexed; and (b) hold a public hearing on the proposed annexation no earlier than 30 days after the adoption of the resolution described in Subsection (3)(a). (4) A legislative body described in Subsection (3) shall provide notice of a public hearing described in Subsection (3)(b): (a) for at least three weeks before the day of the public hearing, for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102; and (b) by sending written notice to: (i) the board of each special district and special service district whose boundaries contain some or all of the area proposed for annexation; and (ii) the legislative body of the county in which the area proposed for annexation is located. (5) The legislative body of the annexing municipality shall ensure that: (a) each notice described in Subsection (4): (i) states that the municipal legislative body has adopted a resolution indicating the municipality's intent to annex the area proposed for annexation; (ii) states the date, time, and place of the public hearing described in Subsection (3)(b); (iii) describes the area proposed for annexation; and (iv) except for an annexation that meets the requirements of Subsection (6)(b) or (c), states in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing described in Subsection (3)(b), written protests to the annexation are filed by the owners of private real property that: (A) is located within the area proposed for annexation; (B) covers a majority of the total private land area within the entire area proposed for annexation; and (C) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation; and (b) the first publication of the notice described in Subsection (4)(a) occurs within 14 days after the day on which the municipal legislative body adopts a resolution under Subsection (3)(a). (6) (a) Except as provided in Subsections (6)(b)(i) and (6)(c)(i), upon conclusion of the public hearing described in Subsection (3)(b), the municipal legislative body may adopt an ordinance approving the annexation of the area proposed for annexation under this section unless, at or before the hearing, written protests to the annexation have been filed with the recorder or clerk of the municipality by the owners of private real property that: (i) is located within the area proposed for annexation; (ii) covers a majority of the total private land area within the entire area proposed for annexation; and (iii) is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation. (b) (i) Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of the area proposed for annexation under this section without allowing or considering protests under Subsection (6)(a) if the owners of at least 75% of the total private land area within the entire area proposed for annexation, representing at least 75% of the value of the private real property within the entire area proposed for annexation, have consented in writing to the annexation. (ii) Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(b)(i), the area annexed is conclusively presumed to be validly annexed. (c) (i) Notwithstanding Subsection (6)(a), upon conclusion of the public hearing described in Subsection (3)(b), a municipality may adopt an ordinance approving the annexation of an area that the county legislative body proposes for annexation under this section without allowing or considering protests under Subsection (6)(a) if the county legislative body has formally recommended annexation to the annexing municipality and has made a formal finding that: (A) the area to be annexed can be more efficiently served by the municipality than by the county; (B) the area to be annexed is not likely to be naturally annexed by the municipality in the future as the result of urban development; (C) annexation of the area is likely to facilitate the consolidation of overlapping functions of local government; and (D) annexation of the area is likely to result in an equitable distribution of community resources and obligations. (ii) The county legislative body may base the finding required in Subsection (6)(c)(i)(B) on: (A) existing development in the area; (B) natural or other conditions that may limit the future development of the area; or (C) other factors that the county legislative body considers relevant. (iii) A county legislative body may make the recommendation for annexation required in Subsection (6)(c)(i) for only a portion of an unincorporated island if, as a result of information provided at the public hearing, the county legislative body makes a formal finding that it would be equitable to leave a portion of the island unincorporated. (iv) If a county legislative body has made a recommendation of annexation under Subsection (6)(c)(i): (A) the relevant municipality is not required to proceed with the recommended annexation; and (B) if the relevant municipality proceeds with annexation, the municipality shall annex the entire area that the county legislative body recommended for annexation. (v) Upon the effective date under Section 10-2-813 of an annexation approved by an ordinance adopted under Subsection (6)(c)(i), the area annexed is conclusively presumed to be validly annexed. (7) (a) Except as provided in Subsections (6)(b)(i) and (6)(c)(i), if protests are timely filed under Subsection (6)(a), the municipal legislative body may not adopt an ordinance approving the annexation of the area proposed for annexation, and the annexation proceedings under this section shall be considered terminated. (b) Subsection (7)(a) does not prohibit the municipal legislative body from excluding from a proposed annexation under Subsection (1)(b) the property within an unincorporated island regarding which protests have been filed and proceeding under Subsection (2) to annex some or all of the remaining portion of the unincorporated island. (8) Nothing in this section prohibits a municipal legislative body from excluding from a proposed annexation any property that is the subject of a protest, or excluding from a proposed annexation any property for any other reason, and proceeding with the annexation of the non-excluded property if: (a) the non-excluded property complies with Subsection (1); and (b) the requirements of Subsection (2) are met.
Utah Code § 10-2a-104 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-104
§ 10-2a-104. Elections governed by the Election Code.
Status: in_force

Except as otherwise provided in this chapter, each election under this chapter is governed by the provisions of Title 20A, Election Code.
Utah Code § 10-20-807 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-807
§ 10-20-807. Subdivision plat recording or development activity before required landscaping or infrastructure is completed -- Improvement completion assurance -- Improvement warranty.
Status: in_force

(1) As used in this section: (a) "Private landscaping plan" means a proposal: (i) to install landscaping on a lot owned by a private individual or entity; and (ii) submitted to a municipality by the private individual or entity, or on behalf of a private individual or entity, that owns the lot. (b) "Public landscaping improvement" means landscaping that an applicant is required to install to comply with published installation and inspection specifications for public improvements that: (i) will be dedicated to and maintained by the municipality; or (ii) are associated with and proximate to trail improvements that connect to planned or existing public infrastructure. (2) A land use authority shall establish objective inspection standards for acceptance of a public landscaping improvement or infrastructure improvement that the land use authority requires. (3) (a) Except as provided in Subsection (3)(d) or (e), before an applicant conducts any development activity or records a plat, the applicant shall: (i) complete any required public landscaping improvements or infrastructure improvements; or (ii) post an improvement completion assurance for any required public landscaping improvements or infrastructure improvements. (b) If an applicant elects to post an improvement completion assurance, the applicant shall, in accordance with Subsection (5), provide completion assurance for: (i) completion of 100% of the required public landscaping improvements or infrastructure improvements; or (ii) if the municipality has inspected and accepted a portion of the public landscaping improvements or infrastructure improvements, 100% of the incomplete or unaccepted public landscaping improvements or infrastructure improvements. (c) A municipality shall: (i) establish a minimum of two acceptable forms of completion assurance; (ii) (A) if an applicant elects to post an improvement completion assurance, allow the applicant to post an assurance that meets the conditions of this chapter and any local ordinances; and (B) beginning on May 7, 2025, if a municipality accepts cash deposits as a form of completion assurance and the applicant elects to post a new cash deposit as a form of completion assurance, place the cash deposit in an interest-bearing account upon receipt and return any earned interest to the applicant with the return of the completion assurance according to the conditions of this chapter and any local ordinances; (iii) establish a system for the partial release of an improvement completion assurance as portions of required public landscaping improvements or infrastructure improvements are completed and accepted in accordance with local ordinance; and (iv) issue or deny a building permit in accordance with Section 10-20-1001 based on the installation of public landscaping improvements or infrastructure improvements. (d) A municipality may not require an applicant to post an improvement completion assurance for: (i) public landscaping improvements or an infrastructure improvement that the municipality has previously inspected and accepted; (ii) infrastructure improvements that are private and not essential or required to meet the building code, fire code, flood or storm water management provisions, street and access requirements, or other essential necessary public safety improvements adopted in a land use regulation; (iii) in a municipality where ordinances require all infrastructure improvements within the area to be private, infrastructure improvements within a development that the municipality requires to be private; (iv) landscaping improvements that are not public landscaping improvements, unless the landscaping improvements and completion assurance are required under the terms of a development agreement; (v) a private landscaping plan; (vi) landscaping improvements or infrastructure improvements that an applicant elects to install at the applicant's own risk: (A) before the plat is recorded; (B) in accordance with inspections required by the municipality for the infrastructure improvement; and (C) in accordance with final civil engineering plan approval by the municipality; or (vii) any individual public landscaping improvement or individual infrastructure improvement when the individual public landscaping improvement or individual infrastructure improvement is also included as part of a separate improvement completion assurance. (e) (i) A municipality may not: (A) prohibit an applicant from installing a public landscaping improvement or an infrastructure improvement when the municipality has approved final civil engineering plans for the development activity or plat for which the public landscaping improvement or infrastructure improvement is required; or (B) require an applicant to sign an agreement, release, or other document inconsistent with this chapter as a condition of posting an improvement completion assurance, security for an improvement warranty, or receiving a building permit. (ii) Notwithstanding Subsection (3)(e)(i)(A), public infrastructure improvements and infrastructure improvements that are installed by an applicant are subject to inspection by the municipality in accordance with the municipality's adopted inspection standards. (f) (i) Each improvement completion assurance and improvement warranty posted by an applicant with a municipality shall be independent of any other improvement completion assurance or improvement warranty posted by the same applicant with the municipality. (ii) Subject to Section 10-20-905, if an applicant has posted a form of security with a municipality for more than one infrastructure improvement or public landscaping improvement, the municipality may not withhold acceptance of an applicant's required subdivision improvements, public landscaping improvement, infrastructure improvements, or the performance of warranty work for the same applicant's failure to complete a separate subdivision improvement, public landscaping improvement, infrastructure improvement, or warranty work under a separate improvement completion assurance or improvement warranty. (4) (a) Except as provided in Subsection (4)(c), as a condition for increased density or other entitlement benefit not currently available under the existing zone, a municipality may require a completion assurance bond for landscaped amenities and common area that are dedicated to and maintained by a homeowners association. (b) Any agreement regarding a completion assurance bond under Subsection (4)(a) between the applicant and the municipality shall be memorialized in a development agreement. (c) A municipality may not require a completion assurance bond for or dictate who installs or is responsible for the cost of the landscaping of residential lots or the equivalent open space surrounding single-family attached homes, whether platted as lots or common area. (5) The sum of the improvement completion assurance required under Subsections (3) and (4) may not exceed the sum of: (a) 100% of the estimated cost of the public landscaping improvements or infrastructure improvements, as evidenced by an engineer's estimate or licensed contractor's bid; and (b) 10% of the amount of the bond to cover administrative costs incurred by the municipality to complete the improvements, if necessary. (6) (a) Upon an applicant's written request that the land use authority accept or reject the applicant's installation of required subdivision improvements or performance of warranty work as set forth in Section 10-20-905, and for the duration of each improvement warranty period, the municipality may require the applicant to: (i) execute an improvement warranty for the improvement warranty period; and (ii) post a cash deposit, surety bond, letter of credit, or other similar security, as required by the municipality, in the amount of up to 10% of the lesser of the: (A) municipal engineer's original estimated cost of completion; or (B) applicant's reasonable proven cost of completion. (b) A municipality may not require the payment of the deposit of the improvement warranty assurance described in Subsection (6)(a)(i) for an infrastructure improvement or public landscaping improvement before the applicant indicates through written request that the applicant has completed the infrastructure improvement or public landscaping improvement. (7) When a municipality accepts an improvement completion assurance for public landscaping improvements or infrastructure improvements for a development in accordance with Subsection (3)(c)(ii), the municipality may not deny an applicant a building permit if the development meets the requirements for the issuance of a building permit under the building code and fire code. (8) A municipality may not require the submission of a private landscaping plan as part of an application for a building permit. (9) The provisions of this section do not supersede the terms of a valid development agreement, an adopted phasing plan, or the State Construction Code.
Utah Code § 10-8-33 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-33
§ 10-8-33. Railroads -- Tracks and franchises.
Status: in_force

They may permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, or tramway in any street, alley or public place; and may by ordinance grant franchises to railroad and street railroad companies, and to union railroad depot companies, to lay, maintain and operate in any street or part or parts of streets or other public places tracks therefor, but such permission may not be exclusive or for a longer time than 100 years.
Utah Code § 10-8-60 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-60
§ 10-8-60. Nuisances.
Status: in_force

They may declare what shall be a nuisance, and abate the same, and impose fines upon persons who may create, continue or suffer nuisances to exist.
Utah Code § 10-1-306 — Utah Code / Title 10 / Chapter 10-1 / § 10-1-306
§ 10-1-306. Rules for delivered value and point of sale.
Status: in_force

(1) The delivered value of taxable energy under this part shall be established pursuant to rules made by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) The rules made by the commission under Subsection (1): (a) shall provide that an arm's length sales price for taxable energy sold or used by a taxpayer in the municipality is the delivered value, unless the sales price does not include some portion of the taxable energy or component of delivered value; (b) shall establish one or more default methods for determining the delivered value for each customer class one time per calendar year on or before January 31 for taxable energy when the commission determines that the sales price does not accurately reflect delivered value; and (c) shall provide that for purposes of determining the point of sale or use of taxable energy the location of the meter is normally the point of sale or use unless the taxpayer demonstrates that the use is not in a municipality imposing the municipal energy sales and use tax. (3) In establishing a default method under Subsection (2)(b), the commission: (a) shall take into account quantity discounts and other reductions or increases in value that are generally available in the marketplace for various grades or types of property and classes of services; and (b) may consider: (i) generally applicable tariffs for various classes of utility services approved by the Public Service Commission or other governmental entity; (ii) posted prices; (iii) spot-market prices; (iv) trade publications; (v) market data; and (vi) other information and data prescribed by the commission.
Utah Code § 10-21-303 — Utah Code / Title 10 / Chapter 10-21 / § 10-21-303
§ 10-21-303. Internal accessory dwelling units.
Status: in_force

(1) In any area zoned primarily for residential use: (a) the use of an internal accessory dwelling unit is a permitted use; (b) except as provided in Subsections (2) and (3), a municipality may not establish any restrictions or requirements for the construction or use of one internal accessory dwelling unit within a primary dwelling, including a restriction or requirement governing: (i) the size of the internal accessory dwelling unit in relation to the primary dwelling; (ii) total lot size; (iii) street frontage; or (iv) internal connectivity; and (c) a municipality's regulation of architectural elements for internal accessory dwelling units shall be consistent with the regulation of single-family units, including single-family units located in historic districts. (2) An internal accessory dwelling unit shall comply with all applicable building, health, and fire codes. (3) A municipality may: (a) prohibit the installation of a separate utility meter for an internal accessory dwelling unit; (b) require that an internal accessory dwelling unit be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling; (c) require a primary dwelling: (i) regardless of whether the primary dwelling is existing or new construction, to include one additional on-site parking space for an internal accessory dwelling unit, in addition to the parking spaces required under the municipality's land use regulation, except that if the municipality's land use ordinance requires four off-street parking spaces, the municipality may not require the additional space contemplated under this Subsection (3)(c)(i); and (ii) to replace any parking spaces contained within a garage or carport if an internal accessory dwelling unit is created within the garage or carport and is a habitable space; (d) prohibit the creation of an internal accessory dwelling unit within a mobile home as defined in Section 57-16-3; (e) require the owner of a primary dwelling to obtain a permit or license for renting an internal accessory dwelling unit; (f) prohibit the creation of an internal accessory dwelling unit within a zoning district covering an area that is equivalent to: (i) 25% or less of the total area in the municipality that is zoned primarily for residential use, except that the municipality may not prohibit newly constructed internal accessory dwelling units that: (A) have a final plat approval dated on or after October 1, 2021; and (B) comply with applicable land use regulations; or (ii) 67% or less of the total area in the municipality that is zoned primarily for residential use, if the main campus of a state or private university with a student population of 10,000 or more is located within the municipality; (g) prohibit the creation of an internal accessory dwelling unit if the primary dwelling is served by a failing septic tank; (h) prohibit the creation of an internal accessory dwelling unit if the lot containing the primary dwelling is 6,000 square feet or less in size; (i) prohibit the rental or offering the rental of an internal accessory dwelling unit for a period of less than 30 consecutive days; (j) prohibit the rental of an internal accessory dwelling unit if the internal accessory dwelling unit is located in a dwelling that is not occupied as the owner's primary residence; (k) hold a lien against a property that contains an internal accessory dwelling unit in accordance with Subsection (4); and (l) record a notice for an internal accessory dwelling unit in accordance with Subsection (5). (4) (a) In addition to any other legal or equitable remedies available to a municipality, a municipality may hold a lien against a property that contains an internal accessory dwelling unit if: (i) the owner of the property violates any of the provisions of this section or any ordinance adopted under Subsection (3); (ii) the municipality provides a written notice of violation in accordance with Subsection (4)(b); (iii) the municipality holds a hearing and determines that the violation has occurred in accordance with Subsection (4)(d), if the owner files a written objection in accordance with Subsection (4)(b)(iv); (iv) the owner fails to cure the violation within the time period prescribed in the written notice of violation under Subsection (4)(b); (v) the municipality provides a written notice of lien in accordance with Subsection (4)(c); and (vi) the municipality records a copy of the written notice of lien described in Subsection (4)(a)(v) with the county recorder of the county in which the property is located. (b) The written notice of violation shall: (i) describe the specific violation; (ii) provide the owner of the internal accessory dwelling unit a reasonable opportunity to cure the violation that is: (A) no less than 14 days after the day on which the municipality sends the written notice of violation, if the violation results from the owner renting or offering to rent the internal accessory dwelling unit for a period of less than 30 consecutive days; or (B) no less than 30 days after the day on which the municipality sends the written notice of violation, for any other violation; (iii) state that if the owner of the property fails to cure the violation within the time period described in Subsection (4)(b)(ii), the municipality may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; (iv) notify the owner of the property: (A) that the owner may file a written objection to the violation within 14 days after the day on which the written notice of violation is post-marked or posted on the property; and (B) of the name and address of the municipal office where the owner may file the written objection; (v) be mailed to: (A) the property's owner of record; and (B) any other individual designated to receive notice in the owner's license or permit records; and (vi) be posted on the property. (c) The written notice of lien shall: (i) comply with the requirements of Section 38-12-102; (ii) state that the property is subject to a lien; (iii) specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; (iv) be mailed to: (A) the property's owner of record; and (B) any other individual designated to receive notice in the owner's license or permit records; and (v) be posted on the property. (d) (i) If an owner of property files a written objection in accordance with Subsection (4)(b)(iv), the municipality shall: (A) hold a hearing in accordance with Title 52, Chapter 4, Open and Public Meetings Act, to conduct a review and determine whether the specific violation described in the written notice of violation under Subsection (4)(b) has occurred; and (B) notify the owner in writing of the date, time, and location of the hearing described in Subsection (4)(d)(i)(A) no less than 14 days before the day on which the hearing is held. (ii) If an owner of property files a written objection under Subsection (4)(b)(iv), a municipality may not record a lien under this Subsection (4) until the municipality holds a hearing and determines that the specific violation has occurred. (iii) If the municipality determines at the hearing that the specific violation has occurred, the municipality may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired. (e) If an owner cures a violation within the time period prescribed in the written notice of violation under Subsection (4)(b), the municipality may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation under Subsection (4)(b). (5) (a) A municipality that issues, on or after October 1, 2021, a permit or license to an owner of a primary dwelling to rent an internal accessory dwelling unit, or a building permit to an owner of a primary dwelling to create an internal accessory dwelling unit, may record a notice in the office of the recorder of the county in which the primary dwelling is located. (b) The notice described in Subsection (5)(a) shall include: (i) a description of the primary dwelling; (ii) a statement that the primary dwelling contains an internal accessory dwelling unit; and (iii) a statement that the internal accessory dwelling unit may only be used in accordance with the municipality's land use regulations. (c) The municipality shall, upon recording the notice described in Subsection (5)(a), deliver a copy of the notice to the owner of the internal accessory dwelling unit.
Utah Code § 10-3-508 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-508
§ 10-3-508. Reconsideration.
Status: in_force

Any action taken by the governing body may not be reconsidered or rescinded at any special meeting unless the number of members of the governing body present at the special meeting is equal to or greater than the number of members present at the meeting when the action was approved.
Utah Code § 10-8-72 — Utah Code / Title 10 / Chapter 10-8 / § 10-8-72
§ 10-8-72. Libraries and reading rooms -- Establishment and maintenance.
Status: in_force

They may establish, maintain and regulate free public libraries and reading rooms, as provided by law, and may perpetuate such free libraries and reading rooms as may have been heretofore established in the city.
Utah Code § 10-20-803 — Utah Code / Title 10 / Chapter 10-20 / § 10-20-803
§ 10-20-803. Plat required when land is subdivided -- Approval of plat -- Owner acknowledgment, surveyor certification, and underground utility facility owner verification of plat -- Recording plat.
Status: in_force

(1) As used in this section: (a) (i) "Facility owner" means the same as that term is defined in Section 73-1-15.5. (ii) "Facility owner" includes a canal owner or associated canal operator contact described in: (A) Section 10-20-211; (B) Subsection 73-5-7(3); or (C) Subsection (6)(c). (b) "Local health department" means the same as that term is defined in Section 26A-1-102. (c) "State engineer's inventory of canals" means the state engineer's inventory of water conveyance systems established in Section 73-5-7. (d) "Underground facility" means the same as that term is defined in Section 54-8a-2. (e) "Water conveyance facility" means the same as that term is defined in Section 73-1-15.5. (2) Unless exempt under Section 10-20-808 or excluded from the definition of subdivision under Section 10-20-102, whenever any land is laid out and platted, the owner of the land shall provide to the municipality in which the land is located an accurate plat that describes or specifies: (a) a subdivision name that is distinct from any subdivision name on a plat recorded in the county recorder's office; (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by their boundaries, course, and extent, whether the owner proposes that any parcel of ground is intended to be used as a street or for any other public use, and whether any such area is reserved or proposed for dedication for a public purpose; (c) the lot or unit reference, block or building reference, street or site address, street name or coordinate address, acreage or square footage for all parcels, units, or lots, and length and width of the blocks and lots intended for sale; (d) every existing right-of-way and recorded easement located within the plat for: (i) an underground facility; (ii) a water conveyance facility; or (iii) any other utility facility; and (e) any water conveyance facility located, entirely or partially, within the plat that: (i) is not recorded; and (ii) of which the owner of the land has actual or constructive knowledge, including from information made available to the owner of the land: (A) in the state engineer's inventory of canals; or (B) from a surveyor under Subsection (6)(c). (3) (a) Subject to Subsections (4), (6), and (7), if the plat conforms to the municipality's ordinances and this part and has been approved by the culinary water authority, the sanitary sewer authority, and the local health department, if the local health department and the municipality consider the local health department's approval necessary, the municipality shall approve the plat. (b) Municipalities are encouraged to receive a recommendation from the fire authority and the public safety answering point before approving a plat. (c) A municipality may not require that a plat be approved or signed by a person or entity who: (i) is not an employee or agent of the municipality; or (ii) does not: (A) have a legal or equitable interest in the property within the proposed subdivision; (B) provide a utility or other service directly to a lot within the subdivision; (C) own an easement or right-of-way adjacent to the proposed subdivision who signs for the purpose of confirming the accuracy of the location of the easement or right-of-way in relation to the plat; or (D) provide culinary public water service whose source protection zone designated as provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision. (d) A municipality shall: (i) within 20 days after the day on which an owner of land submits to the municipality a complete subdivision plat land use application, mail written notice of the proposed subdivision to the facility owner of any water conveyance facility located, entirely or partially, within 100 feet of the subdivision plat, as determined using information made available to the municipality: (A) from the facility owner under Section 10-20-211, using mapping-grade global positioning satellite units or digitized data from the most recent aerial photo available to the facility owner; (B) in the state engineer's inventory of canals; or (C) from a surveyor under Subsection (6)(c); and (ii) not approve the subdivision plat for at least 20 days after the day on which the municipality mails to each facility owner the notice described in Subsection (3)(d)(i), in order to receive any comments from each facility owner regarding: (A) access to the water conveyance facility; (B) maintenance of the water conveyance facility; (C) protection of the water conveyance facility; (D) safety of the water conveyance facility; or (E) any other issue related to water conveyance facility operations. (e) When applicable, the owner of the land seeking subdivision plat approval shall comply with Section 73-1-15.5. (f) A facility owner's failure to provide comments to a municipality in accordance with Subsection (3)(d)(ii) does not affect or impair the municipality's authority to approve the subdivision plat. (4) The municipality may withhold an otherwise valid plat approval until the owner of the land provides the legislative body with a tax clearance indicating that all taxes, interest, and penalties owing on the land have been paid. (5) (a) Within 30 days after approving a final plat under this section, a municipality shall submit to the Utah Geospatial Resource Center, created in Section 63A-16-505, for inclusion in the unified statewide 911 emergency service database described in Section 63H-7a-304: (i) an electronic copy of the approved final plat; or (ii) preliminary geospatial data that depict any new streets and situs addresses proposed for construction within the bounds of the approved plat. (b) If requested by the Utah Geospatial Resource Center, a municipality that approves a final plat under this section shall: (i) coordinate with the Utah Geospatial Resource Center to validate the information described in Subsection (5)(a); and (ii) assist the Utah Geospatial Resource Center in creating electronic files that contain the information described in Subsection (5)(a) for inclusion in the unified statewide 911 emergency service database. (6) (a) A county recorder may not record a plat unless: (i) before recordation, the municipality has approved and signed the plat; (ii) each owner of record of land described on the plat has signed the owner's dedication as shown on the plat; and (iii) the signature of each owner described in Subsection (6)(a)(ii) is acknowledged as provided by law. (b) A surveyor who prepares the plat shall certify that the surveyor: (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act; (ii) (A) has completed a survey of the property described on the plat in accordance with Section 17-73-504 and has verified all measurements; or (B) has referenced a record of survey map of the existing property boundaries shown on the plat and verified the locations of the boundaries; and (iii) has placed monuments as represented on the plat. (c) (i) To the extent possible, the surveyor shall consult with the owner or operator, or a representative designated by the owner or operator, of an existing water conveyance facility located within the proposed subdivision, or an existing or proposed underground facility or utility facility located within the proposed subdivision, to verify the accuracy of the surveyor's depiction of the: (A) boundary, course, dimensions, and intended use of the public rights-of-way, a public or private easement, or grants of record; (B) location of the existing water conveyance facility, or the existing or proposed underground facility or utility facility; and (C) physical restrictions governing the location of the existing or proposed underground facility or utility facility. (ii) The cooperation of an owner or operator of a water conveyance facility, underground facility, or utility facility under Subsection (6)(c)(i): (A) indicates only that the plat approximates the location of the existing facilities but does not warrant or verify their precise location; and (B) does not affect a right that the owner or operator has under Title 54, Chapter 8a, Damage to Underground Utility Facilities, a recorded easement or right-of-way, the law applicable to prescriptive rights, or any other provision of law. (7) (a) Except as provided in Subsection (6)(c), after the plat has been acknowledged, certified, and approved, the owner of the land seeking to record the plat shall, within the time period and manner designated by ordinance, record the plat in the county recorder's office in the county in which the lands platted and laid out are situated. (b) A failure to record a plat within the time period designated by ordinance renders the plat voidable by the municipality. (8) A municipality acting as a land use authority shall approve a condominium plat that complies with the requirements of Section 57-8-13 unless the condominium plat violates a land use regulation of the municipality.
Utah Code § 10-3-507 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-507
§ 10-3-507. Minimum vote required.
Status: in_force

(1) The minimum number of yes votes required to pass any ordinance or resolution, or to take any action by the council, unless otherwise prescribed by law, is a majority of the voting members of the council, regardless of absence or vacancy. (2) (a) Any ordinance, resolution, or motion of the council having fewer favorable votes than required in this section is defeated and invalid. (b) Notwithstanding Subsection (2)(a), a council meeting may be adjourned to a specific time by a majority vote of the council even though the majority vote is less than that required in this section. (3) If a vacancy exists in one or more council seats, a majority of the council members may vote to fill the vacancy as provided under Section 20A-1-510.
Utah Code § 10-3-917 — Utah Code / Title 10 / Chapter 10-3 / § 10-3-917
§ 10-3-917. Engineer in a city of the third, fourth, or fifth class or town.
Status: in_force

(1) The governing body of a city of the third, fourth, or fifth class or a town may by ordinance establish the office of municipal engineer and prescribe the duties and obligations for that office which are consistent with the duties and obligations of the city engineer in cities of the first and second class. (2) If a city of the third, fourth, or fifth class or town uses the engineer employed by the county in which the municipality is located, the municipality may, by ordinance prescribe for its municipal engineer either the duties of a municipal engineer or, if different, the duties of the county engineer, or a combination of duties.
Utah Code § 10-2a-215 — Utah Code / Title 10 / Chapter 10-2a / § 10-2a-215
§ 10-2a-215. Election of officers of new municipality -- Primary and final election dates -- Notice of election -- County clerk duties -- Candidate duties -- Occupation of office.
Status: in_force

(1) For the election of municipal officers, the county legislative body shall: (a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a primary election; and (b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a final election. (2) Each election described in Subsection (1) shall be held: (a) consistent with the petition sponsors' determination of the length of each council member's initial term; and (b) for the incorporation of a city: (i) appropriate to the form of government chosen by the voters at the incorporation election; (ii) consistent with the voters' decision about whether to elect city council members by district and, if applicable, consistent with the boundaries of those districts as determined by the petition sponsors; and (iii) consistent with the sponsors' determination of the number of city council members to be elected. (3) (a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2), the primary election described in Subsection (1)(a) shall be held at the earliest of the next: (i) regular primary election described in Subsection 20A-1-201.5(1); or (ii) municipal primary election described in Section 20A-9-404. (b) The county shall hold the primary election, if necessary, on the next election date described in Subsection (3)(a) that is after the incorporation election conducted under Section 10-2a-210. (4) (a) Subject to Subsection (4)(b), the county shall hold the final election described in Subsection (1)(b): (i) on the following election date that next follows the date of the incorporation election held under Subsection 10-2a-210(1)(a); (ii) a regular general election described in Section 20A-1-201; or (iii) a regular municipal general election under Section 20A-1-202. (b) The county shall hold the final election on the earliest of the next election date that is listed in Subsection (4)(a)(i), (ii), or (iii): (i) that is after a primary election; or (ii) if there is no primary election, that is at least: (A) 75 days after the incorporation election under Section 10-2a-210; and (B) 65 days after the candidate filing period. (5) The county clerk shall provide notice of an election under this section for the future municipality, as a class A notice under Section 63G-30-102, for at least two weeks before the day of the election. (6) Until the municipality is incorporated, the county clerk: (a) is the election officer for all purposes related to the election of municipal officers; (b) may, as necessary, determine appropriate deadlines, procedures, and instructions related to the election of municipal officers for a new municipality that are not otherwise contrary to law; (c) shall require and determine deadlines for municipal office candidates to file campaign financial disclosures in accordance with Section 10-3-208; and (d) shall ensure that the ballot for the election includes each office that is required to be included in the election for officers of the newly incorporated municipality, including the term of each office. (7) An individual who has filed as a candidate for an office described in this section shall comply with: (a) the campaign finance disclosure requirements described in Section 10-3-208; and (b) the requirements and deadlines established by the county clerk under this section. (8) Notwithstanding Section 10-3-201, the officers elected at a final election described in Subsection (4)(a) shall take office: (a) after taking the oath of office; and (b) at noon on the first Monday following the day on which the election official transmits a certificate of nomination or election under the officer's seal to each elected candidate in accordance with Subsection 20A-4-304(6)(b).