§ 10-2-105. Processing a request for incorporation -- 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 Section 10-2-103 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.

Amended by Chapter 359, 2012 General Session