10-2-125. Incorporation of a town.
(1) As used in this section:
(a) "Assessed value," with respect to agricultural land, means the value at which the land
would be assessed without regard to a valuation for agricultural use under Section 59-2-503.
(b) "Financial feasibility study" means a study to determine:
(i) the projected revenues for the proposed town during the first three years after
incorporation; and
(ii) the projected costs, including overhead, that the proposed town will incur in
providing governmental services during the first three years after incorporation.
(c) "Municipal service" means a publicly provided service that is not provided on a
countywide basis.
(d) "Nonurban" means having a residential density of less than one unit per acre.
(2) (a) (i) A contiguous area of a county not within a municipality, with a population of
at least 100 but less than 1,000, may incorporate as a town as provided in this section.
(ii) An area within a county of the first class is not contiguous for purposes of Subsection
(2)(a)(i) if:
(A) the area includes a strip of land that connects geographically separate areas; and
(B) the distance between the geographically separate areas is greater than the average
width of the strip of land connecting the geographically separate areas.
(b) The population figure under Subsection (2)(a) shall be determined:
(i) as of the date the incorporation petition is filed; and
(ii) by the Utah Population Estimates Committee within 20 days after the county clerk's
certification under Subsection (6) of a petition filed under Subsection (4).
(3) (a) The process to incorporate an area as a town is initiated by filing a request for a
public hearing with the clerk of the county in which the area is located.
(b) Each request for a public hearing under Subsection (3)(a) shall:
(i) be signed by the owners of at least five separate parcels of private real property, each
owned by a different owner, located within the area proposed to be incorporated; and
(ii) be accompanied by an accurate map or plat depicting the boundary of the proposed
town.
(c) Within ten days after a request for a public hearing is filed under Subsection (3)(a),
the county clerk shall, with the assistance of other county officers from whom the clerk requests
assistance, determine whether the petition complies with the requirements of Subsection (3)(b).
(d) If the clerk determines that a request under Subsection (3)(a) fails to comply with the
requirements of Subsection (3)(b), the clerk shall reject the request and deliver written notice of
the rejection to the signers of the request.
(e) (i) If the clerk determines that a request under Subsection (3)(a) complies with the
requirements of Subsection (3)(b), the clerk shall:
(A) schedule and arrange for a public hearing to be held:
(I) (Aa) at a public facility located within the boundary of the proposed town; or
(Bb) if there is no public facility within the boundary of the proposed town, at another
nearby public facility or at the county seat; and
(II) within 20 days after the clerk provides the last notice required under Subsection
(3)(e)(i)(B); and
(B) subject to Subsection (3)(e)(ii), give notice of the public hearing on the proposed
incorporation by:
(I) posting notice of the public hearing on the county's Internet website, if the county has
an Internet website; and
(II) (Aa) (Ii) publishing notice of the public hearing at least once a week for two
consecutive weeks in a newspaper of general circulation within the proposed town; and
(IIii) publishing notice of the public hearing in accordance with Section 45-1-101 for two
weeks; or
(Bb) in accordance with Subsection (3)(e)(i)(B)(II)(Aa)(Ii), if there is no newspaper of
general circulation within the proposed town, posting notice of the public hearing in at least five
conspicuous public places within the proposed town.
(ii) The posting of notice required under Subsection (3)(e)(i)(B)(I) and, if applicable,
Subsection (3)(e)(i)(B)(II)(Bb) and the first publishing of notice required under Subsection
(3)(e)(i)(B)(II)(Aa), if applicable, shall occur no later than ten days after the clerk determines that
a request complies with the requirements of Subsection (3)(b).
(iii) Each public hearing under Subsection (3)(e)(i)(A) shall be conducted by the chair of
the county commission or council, or the chair's designee, to:
(A) introduce the concept of the proposed incorporation to the public;
(B) allow the public to review the map or plat of the boundary of the proposed town;
(C) allow the public to ask questions and become informed about the proposed
incorporation; and
(D) allow the public to express their views about the proposed incorporation, including
their views about the boundary of the area proposed to be incorporated.
(4) (a) At any time within three months after the public hearing under Subsection (3)(e),
a petition to incorporate the area as a town may be filed with the clerk of the county in which the
area is located.
(b) Each petition under Subsection (4)(a) shall:
(i) be signed by:
(A) the owners of private real property that:
(I) is located within the area proposed to be incorporated;
(II) covers a majority of the total private land area within the area;
(III) is equal in assessed value to more than 1/2 of the assessed value of all private real
property within the area; and
(IV) consists, in number of parcels, of at least 1/3 of the number of all parcels of private
real property within the area proposed to be incorporated; and
(B) a majority of all registered voters within the area proposed to be incorporated as a
town, according to the official voter registration list maintained by the county on the date the
petition is filed;
(ii) designate as sponsors at least five of the property owners who have signed the
petition, one of whom shall be designated as the contact sponsor, with the mailing address of
each owner signing as a sponsor;
(iii) be accompanied by and circulated with an accurate map or plat, prepared by a
licensed surveyor, showing a legal description of the boundary of the proposed town; and
(iv) substantially comply with and be circulated in the following form:
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed
town)
To the Honorable County Legislative Body of (insert the name of the county in which the
proposed town is located) County, Utah:
We, the undersigned owners of real property and registered voters within the area
described in this petition, respectfully petition the county legislative body for the area described
in this petition to be incorporated as a town. Each of the undersigned affirms that each has
personally signed this petition and is an owner of real property or a registered voter residing
within the described area, and that the current residence address of each is correctly written after
the signer's name. The area proposed to be incorporated as a town is described as follows: (insert
an accurate description of the area proposed to be incorporated).
(c) A petition under this Subsection (4) may not describe an area that includes some or
all of an area proposed for annexation in an annexation petition under Section 10-2-403 that:
(i) was filed before the filing of the petition; and
(ii) is still pending on the date the petition is filed.
(d) A petition may not be filed under this section if the private real property owned by
the petition sponsors, designated under Subsection (4)(b)(ii), cumulatively exceeds 40% of the
total private land area within the area proposed to be incorporated as a town.
(e) A signer of a petition under this Subsection (4) may withdraw or, after withdrawn,
reinstate the signer's signature on the petition:
(i) at any time until the county clerk certifies the petition under Subsection (6); and
(ii) by filing a signed, written withdrawal or reinstatement with the county clerk.
(5) (a) If a petition is filed under Subsection (4)(a) proposing to incorporate as a town an
area located within a county of the first class, the county clerk shall deliver written notice of the
proposed incorporation:
(i) to each owner of private real property owning more than 1% of the assessed value of
all private real property within the area proposed to be incorporated as a town; and
(ii) within seven calendar days after the date on which the petition is filed.
(b) A private real property owner described in Subsection (5)(a)(i) may exclude all or
part of the owner's property from the area proposed to be incorporated as a town by filing a
notice of exclusion:
(i) with the county clerk; and
(ii) within ten calendar days after receiving the clerk's notice under Subsection (5)(a).
(c) The county legislative body shall exclude from the area proposed to be incorporated
as a town the property identified in the notice of exclusion under Subsection (5)(b) if:
(i) the property:
(A) is nonurban; and
(B) does not and will not require a municipal service; and
(ii) exclusion will not leave an unincorporated island within the proposed town.
(d) If the county legislative body excludes property from the area proposed to be
incorporated as a town, the county legislative body shall send written notice of the exclusion to
the contact sponsor within five days after the exclusion.
(6) Within 20 days after the filing of a petition under Subsection (4), the county clerk
shall:
(a) with the assistance of other county officers from whom the clerk requests assistance,
determine whether the petition complies with the requirements of Subsection (4); and
(b) (i) if the clerk determines that the petition complies with those requirements:
(A) certify the petition and deliver the certified petition to the county legislative body;
and
(B) mail or deliver written notification of the certification to:
(I) the contact sponsor;
(II) if applicable, the chair of the planning commission of each township in which any
part of the area proposed for incorporation is located; and
(III) the Utah Population Estimates Committee; or
(ii) if the clerk determines that the petition fails to comply with any of those
requirements, reject the petition and notify the contact sponsor in writing of the rejection and the
reasons for the rejection.
(7) (a) (i) A petition that is rejected under Subsection (6)(b)(ii) may be amended to
correct a deficiency for which it was rejected and then refiled with the county clerk.
(ii) A valid signature on a petition filed under Subsection (4)(a) may be used toward
fulfilling the signature requirement of Subsection (4)(b) for the same petition that is amended
under Subsection (7)(a)(i) and then refiled with the county clerk.
(b) If a petition is amended and refiled under Subsection (7)(a)(i) after having been
rejected by the county clerk under Subsection (6)(b)(ii):
(i) the amended petition shall be considered as a newly filed petition; and
(ii) the amended petition's processing priority is determined by the date on which it is
refiled.
(8) (a) (i) The legislative body of a county with which a petition is filed under Subsection
(4) may, at its option and upon the petition being certified under Subsection (6), commission and
pay for a financial feasibility study.
(ii) If the county legislative body chooses to commission a financial feasibility study, the
county legislative body shall:
(A) within 20 days after the incorporation petition is certified, select and engage a
feasibility consultant; and
(B) require the feasibility consultant to complete the financial feasibility study and
submit written results of the study to the county legislative body no later than 30 days after the
feasibility consultant is engaged to conduct the financial feasibility study.
(b) The county legislative body shall approve a petition proposing the incorporation of a
town and hold an election for town officers, as provided in Subsection (9), if:
(i) the county clerk has certified the petition under Subsection (6); and
(ii) (A) (I) the county legislative body has commissioned a financial feasibility study
under Subsection (8)(a); and
(II) the results of the financial feasibility study show that the average annual amount of
revenues described in Subsection (1)(b)(i) does not exceed the average annual amount of costs
described in Subsection (1)(b)(ii) by more than 10%; or
(B) the county legislative body chooses not to commission a financial feasibility study.
(c) (i) If the county legislative body commissions a financial feasibility study under
Subsection (8)(a) and the results of the financial feasibility study show that the average annual
amount of revenues described in Subsection (1)(b)(i) exceeds the average annual amount of costs
described in Subsection (1)(b)(ii) by more than 10%, the county legislative body may:
(A) deny the petition, subject to Subsection (8)(c)(ii), if the results of the financial
feasibility study show that the average annual amount of revenues described in Subsection
(1)(b)(i) exceeds the average annual amount of costs described in Subsection (1)(b)(ii) by 25% or
more;
(B) approve the petition and hold an election for town officers, as provided in Subsection
(9); or
(C) (I) with the consent of the petition sponsors:
(Aa) impose conditions to mitigate the fiscal inequities identified in the financial
feasibility study; or
(Bb) alter the boundaries of the area proposed to be incorporated as a town to
approximate the boundaries necessary to prevent the average annual amount of revenues
described in Subsection (1)(b)(i) from exceeding the average annual amount of costs described in
Subsection (1)(b)(ii); and
(II) approve the incorporation petition and hold an election for town officers, as provided
in Subsection (9).
(ii) A county legislative body intending to deny a petition under Subsection (8)(c)(i)(A)
shall deny the petition within 20 days after the feasibility consultant submits the written results of
the financial feasibility study.
(d) Each town that incorporates pursuant to a petition approved after the county
legislative body imposes conditions under Subsection (8)(c)(i)(C)(I) shall comply with those
conditions.
(9) (a) The legislative body of the county in which the proposed new town is located
shall hold the election for town officers provided for in Subsection (8) within:
(i) 45 days after the petition is certified, for an election under Subsection (8)(b)(ii)(B);
(ii) 45 days after the feasibility consultant submits the written results of the financial
feasibility study, for an election under Subsection (8)(b)(ii)(A) or (8)(c)(i)(B); or
(iii) 60 days after the feasibility consultant submits the written results of the financial
feasibility study, for an election under Subsection (8)(c)(i)(C).
(b) The officers elected at an election under Subsection (9)(a) shall take office:
(i) at noon on the first Monday in January next following the election, if the election is
held on a regular general or municipal general election date; or
(ii) at noon on the first day of the month next following the effective date of the
incorporation under Subsection (12), if the election of officers is held on any other date.
(10) Each newly incorporated town shall operate under the five-member council form of
government as defined in Section 10-3b-102.
(11) The mayor-elect of the future town shall:
(a) within 30 days after the canvass of the election of town officers under Subsection (9),
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 meets the requirements of 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 town 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 town is located within the boundaries of more than a single county, submit the
original of the documents listed in Subsections (11)(b)(i)(A), (B), and (C) to one of those
counties and a certified copy of those documents to each other county.
(12) (a) A new town is incorporated:
(i) on December 31 of the year in which the lieutenant governor issues a certificate of
incorporation under Section 67-1a-6.5, if the election of town officers under Subsection (9) is
held on a regular general or municipal general election date; or
(ii) on the last day of the month during which the lieutenant governor issues a certificate
of incorporation under Section 67-1a-6.5, if the election of town officers under Subsection (9) is
held on any other date.
(b) (i) The effective date of an incorporation for purposes of assessing property within
the new town is governed by Section 59-2-305.5.
(ii) Until the documents listed in Subsection (11)(b) are recorded in the office of the
recorder of each county in which the property is located, a newly incorporated town may not:
(A) levy or collect a property tax on property within the town;
(B) levy or collect an assessment on property within the town; or
(C) charge or collect a fee for service provided to property within the town.
(13) For each petition filed before March 5, 2008:
(a) the petition is subject to and governed by the law in effect at the time the petition was
filed; and
(b) the law in effect at the time the petition was filed governs in all administrative and
judicial proceedings relating to the petition.
Amended by Chapter 350, 2009 General Session
Amended by Chapter 388, 2009 General Session
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Last revised: Thursday, May 28, 2009