10-2a-202.  Feasibility request — Requirements — Limitations.

(1)  The process to incorporate a contiguous area of a county 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 includes:

Terms Used In Utah Code 10-2a-202

  • Contiguous: means :
(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
(b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Land: includes :Utah Code 68-3-12.5
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
    • (a)  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; and

    (b)  the typed or printed name and current residence address of each owner signing the request.

    • (2)  The feasibility request shall include:

    (a)  a description of the contiguous area proposed to be incorporated as a municipality;

    (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 a legal description of the boundaries of the proposed municipality; and

    (d)  a request that the lieutenant governor commission a study to determine the feasibility of incorporating the area as a municipality.

    (3)  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.

    (4)  A feasibility request may not propose for incorporation an area that includes some or all 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.

    (5)  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.

    Amended by Chapter 224, 2023 General Session

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