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 bycounty clerk -- Processing priority -- Limitations -- Township planning commissionrecommendation.
(1) Within 45 days of the filing of a request under Section 10-2-103, the county clerkshall:
(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 areaproposed 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 therejection.
(2) The county clerk shall certify or reject requests under Subsection (1) in the order inwhich they are filed.
(3) (a) (i) If the county clerk rejects a request under Subsection (1)(b)(ii), the request maybe amended to correct the deficiencies for which it was rejected and then refiled with the countyclerk.
(ii) A signature on a request under Section 10-2-103 may be used toward fulfilling thesignature 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 rejectedby the county clerk under Subsection (1)(b)(ii), it shall be considered as a newly filed request, andits 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 thecounty in which the township is located that, for purposes of Subsection 10-2-106(4)(a)(xiii), thecounty legislative body support or oppose a proposed incorporation under this part of an arealocated within the township.
(b) (i) Except as provided in Subsection (4)(b)(ii), the township planning commissionshall communicate each recommendation under Subsection (4)(a) in writing to the countylegislative 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 underSubsection (1)(b)(i) is before July 17, 1997, the township planning commission shallcommunicate its recommendation under Subsection (4)(a) in writing to the county legislativebody 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 underSubsection 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 countylegislative body, the township planning commission shall mail or deliver a copy of therecommendation to the contact sponsor.
Amended by Chapter 13, 1998 General Session