UT Code § 10-2a-206 (2021)
2021 Utah Code|Title 10 - Utah Municipal Code|Chapter 2a - Municipal Incorporation|Part 2 - Incorporation of a Municipality|Section 206 - Modified request for feasibility study -- Supplemental feasibility study.

 Effective 3/16/2021  10-2a-206. Modified request for feasibility study -- Supplemental feasibility study.    (1)   (a) The sponsors of a feasibility study request may modify the request to alter the boundaries of the proposed municipality and refile the modified request with the lieutenant governor if:   (i) the results of the feasibility study do not comply with Subsection 10-2a-205(6)(a);     (ii)   (A) the request complies with Subsection 10-2a-201.5(4)(b);     (B) the annexation petition that proposed the annexation of an area that is part of the area proposed for incorporation has been denied; and     (C) an incorporation petition based on the request has not been filed;       (iii)   (A) the lieutenant governor completes the first public hearing described in Subsection 10-2a-207(4); and     (B) property is excluded from the proposed municipality in accordance with Subsection 10-2a-207(5)(b); or       (iv) before the time period for a specified landowner, as defined in Section 10-2a-203, to request that the lieutenant governor exclude the specified landowner's property from the proposed incorporation under Subsection 10-2a-207(5)(a) has expired, a municipal legislative body:   (A) approves an annexation petition proposing the annexation of an area that is part of the area proposed for incorporation under Section 10-2-407 or 10-2-408; or     (B) adopts an ordinance approving the annexation of an area that is part of the area proposed for incorporation under Section 10-2-418.         (b)   (i) The sponsors of a feasibility study 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-205(3)(c).     (ii) The sponsors of a request may not file a modified request under Subsection (1)(a)(ii) more than 18 months after filing the original request under Section 10-2a-202.     (iii) The sponsors of a request may not file a modified request under Subsection (1)(a)(iii) more than 90 days after the day on which the lieutenant governor mails or transmits written notice under Subsection 10-2a-207(4)(c).     (iv) The sponsors of a request may not file a modified request under Subsection (1)(a)(iv) more than 90 days after the day on which the municipal legislative body:   (A) approves the annexation petition under Section 10-2-407 or 10-2-408; or     (B) adopts the ordinance approving the annexation under Section 10-2-418.         (c)   (i) Subject to Subsection (1)(c)(ii), each modified request under Subsection (1)(a) shall comply with Subsections 10-2a-202(1) and (2) and Subsection 10-2a-201.5(4).     (ii) Notwithstanding Subsection (1)(c)(i), a signature on a request filed under Section 10-2a-202 may be used toward fulfilling the signature requirement of Subsection 10-2a-202(1)(a) for the request as modified under Subsection (1)(a), unless the modified request proposes the incorporation of an area that is more than 20% larger or smaller than the area described by the original request in terms of:   (A) private land area; or     (B) value of private real property.           (2) Within 20 days after the lieutenant governor's receipt of the modified request, the lieutenant governor shall follow the same procedure under Subsection 10-2a-204(1) for the modified request as for an original request.     (3) The timely filing of a modified request under Subsection (1) gives the modified request the same processing priority under Subsection 10-2a-204(3) as the original request.     (4) Within 10 days after the day on which the lieutenant governor receives a modified 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 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-205(4)(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 study:   (i) the lieutenant governor;     (ii) the county legislative body of the county in which the incorporation is proposed;     (iii) the contact sponsor; and     (iv) each person to whom the consultant provided a draft under Subsection (5)(a).         (6)   (a) Subject to Subsection (6)(b), if the results of the supplemental feasibility study do not comply with Subsection 10-2a-205(6)(a), the sponsors may further modify the request in accordance with Subsection (1).     (b) Subsections (2), (4), and (5) apply to a modified request described in Subsection (6)(a).     (c) The lieutenant governor shall consider a modified request described in Subsection (6)(a) as an original request for a feasibility study for purposes of determining the modified request's processing priority under Subsection 10-2a-204(3).      Amended by Chapter 112, 2021 General Session