2006 Utah Code - 10-2-105 — Processing a request for feasibility study -- Certification or rejection by county clerk -- Processing priority -- Limitations -- Township planning commission recommendation.

     10-2-105.   Processing a request for feasibility study -- Certification or rejection by county clerk -- Processing priority -- Limitations -- Township planning commission recommendation.
     (1) Within 45 days of the filing of a request under Section 10-2-103, the county clerk shall:
     (a) with the assistance of other county officers from whom the clerk requests assistance, determine whether the request complies with Section 10-2-103; and
     (b) (i) if the clerk determines that the request complies with Section 10-2-103:
     (A) certify the request and deliver the certified request to the county legislative body; and
     (B) mail or deliver written notification of the certification to:
     (I) the contact sponsor; and
     (II) the chair of the planning commission of each township in which any part of the area proposed for incorporation is located; or
     (ii) if the clerk determines that the request fails to comply with any of those requirements, reject the request and notify the contact sponsor in writing of the rejection and the reasons for the rejection.
     (2) The county clerk shall certify or reject requests under Subsection (1) in the order in which they are filed.
     (3) (a) (i) If the county clerk rejects a request under Subsection (1)(b)(ii), the request may be amended to correct the deficiencies for which it was rejected and then refiled with the county clerk.
     (ii) A signature on a request under Section 10-2-103 may be used toward fulfilling the signature requirement of Subsection 10-2-103(2)(a) for the request as modified under Subsection (3)(a)(i).
     (b) If a request is amended and refiled under Subsection (3)(a) after having been rejected by the county clerk under Subsection (1)(b)(ii), it shall be considered as a newly filed request, and its processing priority is determined by the date on which it is refiled.
     (4) (a) A township planning commission may recommend to the legislative body of the county in which the township is located that, for purposes of Subsection 10-2-106(4)(a)(xiii), the county legislative body support or oppose a proposed incorporation under this part of an area located within the township.
     (b) (i) Except as provided in Subsection (4)(b)(ii), the township planning commission shall communicate each recommendation under Subsection (4)(a) in writing to the county legislative body within 60 days of the county clerk's certification under Subsection (1)(b)(i).
     (ii) Notwithstanding Subsection (4)(b)(i), if the county clerk's certification under Subsection (1)(b)(i) is before July 17, 1997, the township planning commission shall communicate its recommendation under Subsection (4)(a) in writing to the county legislative body within 60 days of the county clerk's certification under Subsection (1)(b)(i) or August 31, 1997, whichever is later, but no later than:
     (A) 75 days after the county legislative body has engaged the feasibility consultant under Subsection 10-2-106(1); or
     (B) the completion of the feasibility study.
     (iii) At the time the recommendation under Subsection (4)(b)(i) is delivered to the county legislative body, the township planning commission shall mail or deliver a copy of the recommendation to the contact sponsor.

---

Amended by Chapter 13, 1998 General Session