Modified request for feasibility study -- Supplemental feasibility study.
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(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).