2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 2a - Municipal Incorporation › Part 2 - Incorporation of a Municipality › Section 206 - Modified feasibility request -- Supplemental feasibility study.

Effective 5/3/2023
10-2a-206.
Modified feasibility request -- Supplemental feasibility study.
(1)
(a) The sponsors of a feasibility request may modify the request to alter the boundaries of the proposed municipality and refile the modified feasibility request with the county clerk if:
(i) the results of the feasibility study do not comply with Subsection 10-2a-205(5)(a); or
(ii)
(A) the feasibility request complies with Subsection 10-2a-201.5(4)(b);
(B) the annexation petition described in Subsection 10-2a-201.5(4)(b) 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 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-205(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-202.
(c)
(i) Subject to Subsection (1)(c)(ii), each modified feasibility request under Subsection (1)(a) shall comply with Subsections 10-2a-202(1) through (4) and Subsection 10-2a-201.5(4).
(ii) Notwithstanding Subsection (1)(c)(i), a signature on a feasibility request filed under Section 10-2a-202 may be used toward fulfilling the signature requirement of Subsection 10-2a-202(2)(a) for the feasibility request as modified under Subsection (1)(a), unless the modified feasibility request proposes the incorporation of an area that is more than 20% larger or smaller than the area described by the original feasibility request in terms of:
(A) private land area; or
(B) assessed fair market value of private real property, as of January 1 of the current year.
(d) Within 20 days after the day on which the county clerk receives the modified request, the county clerk and the lieutenant governor shall follow the same procedure described in Subsections 10-2a-204(1) through (6) 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-204(8) as the original feasibility request.
(3) 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.
(4) 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(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 (4)(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 contact sponsor; and
(iv) each person to whom the consultant provided a draft under Subsection (4)(a).
(5)
(a) Subject to Subsection (5)(b), if the results of the supplemental feasibility study do not comply with Subsection 10-2a-205(5)(a), the sponsors may further modify the request in accordance with Subsection (1).
(b) Subsections (1)(d), (3), and (4) apply to a modified feasibility request described in Subsection (5)(a).
(c) The county clerk shall consider a modified feasibility request described in Subsection (5)(a) as an original feasibility request for purposes of determining the modified feasibility request's processing priority under Subsection 10-2a-204(8).
Amended by Chapter 224, 2023 General Session