Public hearings on feasibility study results -- Exclusions of property from proposed municipality -- Notice of hearings.
Checkout our iOS App for a better way to browser and research.
(1) As used in this section, "specified landowner" means the same as that term is defined in Section 10-2a-203.
(2) If the results of the feasibility study or supplemental feasibility study comply with Subsection 10-2a-205(6)(a), the lieutenant governor shall, after receipt of the results of the feasibility study or supplemental feasibility study, conduct two public hearings in accordance with this section.
(3)
(a) If an area proposed for incorporation is approved for annexation after the feasibility study or supplemental feasibility study is conducted but before the lieutenant governor conducts the first public hearing under Subsection (4), the lieutenant governor may not conduct the first public hearing under Subsection (4) unless:
(i) the sponsors of the feasibility study file a modified request for a feasibility study in accordance with Section 10-2a-206; and
(ii) the results of the supplemental feasibility study comply with Subsection 10-2a-205(6)(a).
(b) For purposes of Subsection (3)(a), an area is approved for annexation if a condition described in Subsection 10-2a-206(1)(a)(iv) occurs.
(4) The lieutenant governor shall conduct the first public hearing:
(a) within 60 days after the day on which the lieutenant governor receives the results under Subsection (2) or (3)(a)(ii);
(b) within or near the proposed municipality;
(c) to allow the feasibility consultant to present the results of the feasibility study; and
(d) to inform the public about the results of the feasibility study.
(5)
(a) Within 30 calendar days after the day on which the lieutenant governor completes the first public hearing under Subsection (4), a specified landowner may request that the lieutenant governor exclude all or part of the property owned by the specified landowner from the proposed incorporation by filing a notice of exclusion with the Office of the Lieutenant Governor that describes the property for which the specified landowner requests exclusion.
(b) The lieutenant governor shall exclude the property identified by a specified landowner under Subsection (5)(a) from the proposed incorporation boundaries unless the lieutenant governor finds by clear and convincing evidence that:
(i) the exclusion will leave an unincorporated island within the proposed municipality; and
(ii) the property receives from the county a majority of currently provided municipal services.
(c)
(i) Within five days after the day on which the lieutenant governor determines whether to exclude property under Subsection (5)(b), the lieutenant governor shall mail or transmit written notice of whether the property is included or excluded from the proposed municipality to:
(A) the specified landowner that requested the property's exclusion; and
(B) the contact sponsor.
(ii) If the lieutenant governor makes a determination to include a property under Subsection (5)(b), the lieutenant governor shall include, in the written notice described in Subsection (5)(c)(i), a detailed explanation of the lieutenant governor's determination.
(d)
(i) If the lieutenant governor excludes property from the proposed municipality under Subsection (5)(b), or if an area proposed for incorporation is approved for annexation within the time period for a specified landowner to request an exclusion under Subsection (5)(a), the lieutenant governor may not conduct the second public hearing under Subsection (6), unless:
(A) the sponsors of the feasibility study file a modified request for a feasibility study in accordance with Section 10-2a-206; and
(B) the results of the supplemental feasibility study comply with Subsection 10-2a-205(6)(a).
(ii) For purposes of Subsection (5)(d)(i), an area is approved for annexation if a condition described in Subsection 10-2a-206(1)(a)(iv) occurs.
(6) The lieutenant governor shall conduct the second public hearing:
(a)
(i) within 30 days after the day on which the time period described in Subsection (5)(a) expires, if Subsection (5)(d) does not apply; or
(ii) within 30 days after the day on which the lieutenant governor receives the results of the supplemental feasibility study described in Subsection (5)(d)(i)(B), if Subsection (5)(d) applies;
(b) within or near the proposed municipality; and
(c) to allow the feasibility consultant to present the results of and inform the public about:
(i) the feasibility study presented to the public in the first public hearing under Subsection (4), if Subsection (5)(d) does not apply; or
(ii) the supplemental feasibility study described in Subsection (5)(d)(i)(B), if Subsection (5)(d) applies.
(7) At each public hearing required under this section, the lieutenant governor shall:
(a) provide a map or plat of the boundary of the proposed municipality;
(b) provide a copy of the applicable feasibility study for public review;
(c) allow members of the public to express views about the proposed incorporation, including views about the proposed boundaries; and
(d) allow the public to ask the feasibility consultant questions about the applicable feasibility study.
(8) The lieutenant governor shall publish notice of each public hearing required under this section:
(a)
(i) at least three weeks before the day of the public hearing, by posting one notice, and at least one additional notice per 2,000 population of the proposed municipality, in places within the proposed municipality that are most likely to give notice to the residents within, and the owners of real property located within, the proposed municipality; or
(ii) at least three weeks before the public hearing, by mailing notice to each residence within, and each owner of real property located within, the proposed municipality;
(b) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks before the day of the public hearing; and
(c) on the lieutenant governor's website for three weeks before the day of the public hearing.
(9)
(a) Except as provided in Subsection (9)(b), the notice described in Subsection (8) shall:
(i) include the feasibility study summary described in Subsection 10-2a-205(3)(c);
(ii) indicate that a full copy of the study is available on the lieutenant governor's website and for inspection at the Office of the Lieutenant Governor; and
(iii) indicate that under no circumstances may property be excluded or annexed from the proposed incorporation after the time period specified in Subsection (5)(a) has expired, if the notice is for the first public hearing under Subsection (4).
(b) Instead of publishing the feasibility summary under Subsection (9)(a)(i), the lieutenant governor may publish a statement that specifies the following sources where a resident within, or the owner of real property located within, the proposed municipality, may view or obtain a copy of the feasibility study:
(i) the lieutenant governor's website;
(ii) the physical address of the Office of the Lieutenant Governor; and