H.B. 2001 Enrolled

LOCAL GOVERNMENT LAW AMENDMENTS
1997 SECOND SPECIAL SESSION
STATE OF UTAH
Sponsor: Melvin R. Brown
AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; MODIFYING THE
PROCEDURE FOR INCORPORATING A CITY; MODIFYING THE FEASIBILITY
STUDY CRITERIA; MODIFYING THE PERCENTAGE OF PROPERTY OWNERS
REQUIRED TO PETITION FOR INCORPORATION; MODIFYING ANNEXATION
PROCEDURES; PROVIDING FOR THE TOWNSHIP PLANNING COMMISSION'S
RECOMMENDATION ON A PROPOSED INCORPORATION OR ANNEXATION OF
AN AREA WITHIN THE TOWNSHIP; PROVIDING DEFINITIONS; REINSTATING
DISSOLVED TOWNSHIPS; CONTINUING PREVIOUSLY ESTABLISHED
PLANNING DISTRICTS AND TOWNSHIP PLANNING DISTRICTS AS
TOWNSHIPS; MODIFYING TOWNSHIP PLANNING COMMISSION ELECTION
AND APPOINTMENT PROCEDURES AND RESPONSIBILITIES; MAKING
TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
10-2-101, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-103, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-105, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-106, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-107, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-109, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-110, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-403, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-404, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-405, as repealed and reenacted by Chapter 389, Laws of Utah 1997
10-2-407, as repealed and reenacted by Chapter 389, Laws of Utah 1997

17-27-200.5, as last amended by Chapter 389, Laws of Utah 1997
17-27-201, as last amended by Chapter 389, Laws of Utah 1997
17-27-204, as last amended by Chapter 389, Laws of Utah 1997
17-27-206, as enacted by Chapter 389, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 10-2-101 is amended to read:
10-2-101. Definitions.
(1) As used in this part:
(a) "Commission" means a boundary commission established under Section 10-2-409 for
the county in which the property that is proposed to be incorporated is located.
(b) "Feasibility consultant" means a person or firm with expertise in the processes and
economics of local government.
(c) "Private," with respect to real property, means not owned by the United States or any
agency of the federal government, the state, a county, a municipality, a school district, a special
district under Title 17A, Special Districts, or any other political subdivision or governmental entity
of the state.
(2) For purposes of this part:
(a) the owner of real property shall be the record title owner according to the records of the
county recorder on the date of the filing of the request or petition; and
(b) the value of private real property shall be determined according to the last assessment
roll for county taxes before the filing of the request or petition.
(3) For purposes of each provision of this part that requires the owners of private real
property covering a percentage or [majority] fraction of the total private land area within an area to
sign a request or petition:
(a) a parcel of real property may not be included in the calculation of the required percentage
or [majority] fraction unless the request or petition is signed by:
(i) except as provided in Subsection (3)(a)(ii), owners representing a majority ownership
interest in that parcel; or

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(ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number of
owners of that parcel;
(b) the signature of a person signing a request or petition in a representative capacity on
behalf of an owner is invalid unless:
(i) the person's representative capacity and the name of the owner the person represents are
indicated on the request or petition with the person's signature; and
(ii) the person provides documentation accompanying the request or petition that
substantiates the person's representative capacity; and
(c) subject to Subsection (3)(b), a duly appointed personal representative may sign a request
or petition on behalf of a deceased owner.
Section 2. Section 10-2-103 is amended to read:
10-2-103. Request for feasibility study -- Requirements -- Limitations.
(1) The process to incorporate a contiguous area of a county as a city is initiated by a request
for a feasibility study filed with the clerk of the county in which the area is located.
(2) Each request under Subsection (1) shall:
(a) be signed by the owners of private real property that:
(i) is located within the area proposed to be incorporated;
(ii) covers at least 10% of the total private land area within the area; and
(iii) is equal in value to at least 7% of the value of all private real property within the area;
(b) indicate the typed or printed name and current residence address of each owner signing
the request;
(c) describe the contiguous area proposed to be incorporated as a city;
(d) designate up to five signers of the request as sponsors, one of whom shall be designated
as the contact sponsor, with the mailing address and telephone number of each;
(e) be accompanied by and circulated with an accurate map or plat, prepared by a licensed
surveyor, showing the boundaries of the proposed city; and
(f) request the county legislative body to commission a study to determine the feasibility of
incorporating the area as a city.

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(3) A request for a feasibility study under this section may not describe an area that includes
some or all of an area that is the subject of a completed feasibility study or supplemental feasibility
study whose results comply with Subsection 10-2-109(3) unless:
(a) the proposed incorporation that is the subject of the completed feasibility study or
supplemental feasibility study has been defeated by the voters at an election under Section 10-2-111;
or
(b) the time provided under Subsection 10-2-109(1) for filing an incorporation petition based
on the completed feasibility study or supplemental feasibility study has elapsed without the filing
of a petition.
(4) A request under this section may not describe an area that includes some or all of an area
proposed for annexation in an annexation petition under Section 10-2-403 that:
(a) was filed before the filing of the request; and
(b) is still pending on the date the request is filed.
(5) (a) At the time of filing the request for a feasibility study with the county clerk, the
sponsors of the request shall mail or deliver a copy of the request to the chair of the planning
commission of each township in which any part of the area proposed for incorporation is located.
(b) (i) Except as provided in Subsection (5)(b)(ii), the sponsors of each request for a
feasibility study filed under Subsection (1) before the effective date of this Subsection (5) shall,
within ten days of the effective date of this Subsection (5), deliver or mail a copy of the request to
the planning commission of each township in which any part of the area proposed for incorporation
is located.
(ii) Subsection (5)(b)(i) does not apply if the feasibility consultant has completed the
feasibility study before the effective date of this Subsection (5).
Section 3. Section 10-2-105 is amended to read:
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:

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(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 [notify in writing the contact sponsor]
(B) mail or deliver written notification of the certification[; or] 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 [modified] 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

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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 effective date of this Subsection (4) is after
the county clerk's certification under Subsection (1)(b)(i), 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 45 days of the
effective date of this Subsection (4), 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.
Section 4. Section 10-2-106 is amended to read:
10-2-106. Feasibility study -- Feasibility study consultant.
(1) Within 60 days of receipt of a certified request under Subsection 10-2-105(1)(b)(i), the
county legislative body shall engage the feasibility consultant chosen under Subsection (2) to
conduct a feasibility study.
(2) The feasibility consultant shall be chosen by a majority vote of a selection committee
consisting of:
(a) a person designated by the county legislative body;
(b) a person designated by the sponsors of the request for a feasibility study; and
(c) a person designated by the governor.
(3) The county legislative body shall require the feasibility consultant to:
(a) complete the feasibility study and submit the written results to the county legislative
body and the contact sponsor no later than 90 days after the feasibility consultant is engaged to
conduct the study;
(b) submit with the full written results of the feasibility study a summary of the results no

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longer than one page in length; and
(c) attend the public hearings under Subsection 10-2-108(1) and present the feasibility study
results and respond to questions from the public at those hearings.
(4) (a) The feasibility study shall consider:
(i) the population and population density within the area proposed for incorporation and the
surrounding area;
(ii) the history, geography, geology, and topography of and natural boundaries within the
area proposed to be incorporated and the surrounding area;
(iii) whether the proposed boundaries eliminate or create an unincorporated island or
peninsula;
(iv) whether the proposed incorporation will hinder or prevent a future and more logical and
beneficial incorporation or a future logical and beneficial annexation;
(v) the fiscal impact on unincorporated areas, other municipalities, special districts, and other
governmental entities in the county;
(vi) current and five-year projections of demographics and economic base in the proposed
city and surrounding area, including household size and income, commercial and industrial
development, and public facilities;
(vii) projected growth in the proposed city and in adjacent areas during the next five years;
(viii) the present and five-year projections of the cost, including overhead, of governmental
services in the proposed city;
(ix) the present and five-year projected revenue for the proposed city;
(x) the projected impact the incorporation will have over the following five years on the
amount of taxes that property owners within the proposed city and in the remaining unincorporated
county will pay;
(xi) past expansion in terms of population and construction in the proposed city and the
surrounding area;
(xii) the extension of the boundaries of other nearby municipalities during the past ten years,
the willingness of those municipalities to annex the area proposed for incorporation, and the

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probability that those municipalities would annex territory within the area proposed for incorporation
within the next five years except for the incorporation; and
(xiii) whether the legislative body of the county in which the area proposed to be
incorporated favors the incorporation proposal.
(b) For purposes of Subsection (4)(a)(ix), the feasibility consultant shall assume ad valorem
property tax rates on residential property within the proposed city at the same level at which they
would have been without the incorporation.
(c) For purposes of Subsection (4)(a)(viii), the feasibility consultant shall assume [that the]:
(i) a level and quality of governmental services [that will] to be provided to the proposed city
in the future [is essentially comparable to] that fairly and reasonably approximate the level and
quality of governmental services being provided to the proposed city at the time of the feasibility
study[.]; and
(ii) that the proposed city will itself provide all governmental services.
(5) If the results of the feasibility study do not meet the requirements of Subsection
10-2-109(3), the feasibility consultant shall, as part of the feasibility study and if requested by the
sponsors of the request, make recommendations as to how the boundaries of the proposed city may
be altered so that the requirements of Subsection 10-2-109(3) may be met.
Section 5. Section 10-2-107 is amended to read:
10-2-107. Modified request for feasibility study -- Supplemental feasibility study.
(1) (a) If the results of the feasibility study do not meet the requirements of Subsection
10-2-109(3), the sponsors of the request may, within 90 days of the feasibility consultant's
submission of the results of the study, [file with the county clerk a modified request altering] modify
the request to alter the boundaries of the proposed city and then refile the request, as modified, with
the county clerk.
(b) (i) [Each] Subject to Subsection (1)(b)(ii), each modified request under Subsection (1)(a)
shall comply with the requirements of Subsections 10-2-103(2), (3), [and] (4), and (5)(a).
(ii) Notwithstanding Subsection (1)(b)(i), a signature on a request filed under Section
10-2-103 may be used toward fulfilling the signature requirement of Subsection 10-2-103(2)(a) for

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the request as modified under Subsection (1)(a), unless the modified request proposes the
incorporation of an area that is more than 20% greater 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 of the county clerk's receipt of the modified request, the county clerk
shall follow the same procedure for the modified request as provided under Subsection 10-2-105(1)
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 10-2-105(2) as the original request.
(4) Within ten days of the county legislative body's receipt of a certified modified request,
the county legislative body shall commission the feasibility consultant who conducted the feasibility
study to supplement the feasibility study to take into account the information in the modified request
that was not included in the original request.
(5) The county legislative body shall require the feasibility consultant to complete the
supplemental feasibility study and to submit written results of the supplemental study to the county
legislative body and to the contact sponsor no later than 30 days after the feasibility consultant is
commissioned to conduct the supplemental feasibility study.
(6) (a) Subject to Subsection (6)(b), if the results of the supplemental feasibility study do not
meet the requirements of Subsection 10-2-109(3):
(i) the sponsors may file a further modified request as provided in Subsection (1); and
(ii) Subsections (2), (4), and (5) apply to a further modified request under Subsection
(6)(a)(i).
(b) A further modified request under Subsection (6)(a) shall, for purposes of its processing
priority, be considered as an original request for a feasibility study under Section 10-2-103.
Section 6. Section 10-2-109 is amended to read:
10-2-109. Incorporation petition -- Requirements and form.
(1) At any time within 18 months of the completion of the public hearings required under

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Subsection 10-2-108(1), a petition for incorporation of the area proposed to be incorporated as a city
may be filed in the office of the clerk of the county in which the area is located.
(2) Each petition under Subsection (1) shall:
(a) be signed by the owners of private real property that:
(i) is located within the area proposed to be incorporated;
(ii) covers [a majority] at least 1/3 of the total private land area within the area; and
(iii) is equal in value to at least 1/3 of the value of all private real property within the area;
(b) indicate the typed or printed name and current residence address of each owner signing
the petition;
(c) describe the area proposed to be incorporated as a city, as described in the feasibility
study request or modified request that meets the requirements of Subsection (3);
(d) state the proposed name for the proposed city;
(e) designate five signers of the petition as petition sponsors, one of whom shall be
designated as the contact sponsor, with the mailing address and telephone number of each;
(f) state that the signers of the petition appoint the sponsors, if the incorporation measure
passes, to represent the signers in the process of:
(i) selecting the number of commission or council members the new city should have; and
(ii) drawing district boundaries for the election of commission or council members, if the
voters decide to elect commission or council members by district;
(g) be accompanied by and circulated with an accurate plat or map, prepared by a licensed
surveyor, showing the boundaries of the proposed city; and
(h) substantially comply with and be circulated in the following form:
PETITION FOR INCORPORATION OF (insert the proposed name of the proposed city)
To the Honorable County Legislative Body of (insert the name of the county in which the
proposed city is located) County, Utah:
We, the undersigned owners of real property within the area described in this petition,
respectfully petition the county legislative body to submit to the registered voters residing within the
area described in this petition, at a special election held for that purpose, the question of whether the

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area should incorporate as a city. Each of the undersigned affirms that each has personally signed
this petition and is an owner of real property within the described area, and that the current residence
address of each is correctly written after the signer's name. The area proposed to be incorporated
as a city is described as follows: (insert an accurate description of the area proposed to be
incorporated).
(3) A petition for incorporation under Subsection (1) may not be filed unless the results of
the feasibility study or supplemental feasibility study show that the average annual amount under
Subsection 10-2-106(4)(a)(ix) does not exceed the average annual amount under Subsection
10-2-106(4)(a)(viii) by more than 5%.
(4) A signature on a request under Section 10-2-103 or a modified request under Section
10-2-107 may be used toward fulfilling the signature requirement of Subsection (2)(a):
(a) if the request under Section 10-2-103 or modified request under Section 10-2-107
notified the signer in conspicuous language that the signature, unless withdrawn, would also be used
for purposes of a petition for incorporation under this section; and
(b) unless the signer files with the county clerk a written withdrawal of the signature before
the petition under this section is filed with the clerk.
Section 7. Section 10-2-110 is amended to read:
10-2-110. Processing of petition by county clerk -- Certification or rejection --
Processing priority.
(1) Within 45 days of the filing of a petition under Section 10-2-109, the county clerk shall:
(a) with the assistance of other county officers from whom the clerk requests assistance,
determine whether the petition meets the requirements of Section 10-2-109; and
(b) (i) if the clerk determines that the petition meets those requirements, certify the petition,
deliver it to the county legislative body, and notify in writing the contact sponsor of the certification;
or
(ii) if the clerk determines that the petition fails to meet any of those requirements, reject the
petition and notify the contact sponsor in writing of the rejection and the reasons for the rejection.
(2) (a) If the county clerk rejects a petition under Subsection (1)(b)(ii), the petition may be

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modified to correct the deficiencies for which it was rejected and then refiled with the county clerk.
(b) A modified petition under Subsection (2)(a) may be filed at any time until 30 days after
the county clerk notifies the contact sponsor under Subsection (1)(b)(ii), even though the modified
petition is filed after the expiration of the deadline provided in Subsection 10-2-109(1).
(c) A signature on an incorporation petition under Section 10-2-109 may be used toward
fulfilling the signature requirement of Subsection 10-2-109(2)(a) for the petition as modified under
Subsection (2)(a).
(3) (a) Within 20 days of the county clerk's receipt of a modified petition under Subsection
(2)(a), the county clerk shall follow the same procedure for the modified petition as provided under
Subsection (1) for an original petition.
(b) If a county clerk rejects a modified petition under Subsection (1)(b)(ii), no further
modification of that petition may be filed.
Section 8. Section 10-2-403 is amended to read:
10-2-403. Annexation petition -- Requirements.
(1) Except as provided in Section 10-2-418, the process to annex an unincorporated area to
a municipality is initiated by a petition as provided in this section.
(2) Each petition under Subsection (1) shall:
(a) be filed with the city recorder or town clerk, as the case may be, of the proposed
annexing municipality;
(b) contain the signatures of the owners of private real property that:
(i) is located within the area proposed for annexation;
(ii) covers a majority of the private land area within the area proposed for annexation; and
(iii) is equal in value to at least 1/3 of the value of all private real property within the area
proposed for annexation;
(c) be accompanied by an accurate plat or map, prepared by a licensed surveyor, of the area
proposed for annexation; and
(d) designate up to five of the signers of the petition as sponsors, one of whom shall be
designated as the contact sponsor, and indicate the mailing address of each sponsor.

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(3) A petition under Subsection (1) may not propose the annexation of all or part of an area
proposed for annexation to a municipality in a previously filed petition that has not been denied,
rejected, or granted.
(4) A petition under Subsection (1) may not propose the annexation of an area that includes
some or all of an area proposed to be incorporated in a request for a feasibility study under Section
10-2-103 or a petition under Section 10-2-125 if:
(a) the request or petition was filed before the filing of the annexation petition; and
(b) the request, a petition under Section 10-2-109 based on that request, or a petition under
Section 10-2-125 is still pending on the date the annexation petition is filed.
(5) If practicable and feasible, the boundaries of an area proposed for annexation shall be
drawn along the boundaries of existing special districts for sewer, water, and other services, along
the boundaries of school districts whose boundaries follow city boundaries or school districts
adjacent to school districts whose boundaries follow city boundaries, and along the boundaries of
other taxing entities:
(a) to eliminate islands and peninsulas of territory that is not receiving municipal-type
services;
(b) to facilitate the consolidation of overlapping functions of local government;
(c) to promote the efficient delivery of services; and
(d) to encourage the equitable distribution of community resources and obligations.
(6) On the date of filing, the petition sponsors shall deliver or mail a copy of the petition to:
(a) the clerk of the county in which the area proposed for annexation is located; and
(b) the chair of the planning commission of each township in which any part of the area
proposed for annexation is located.
Section 9. Section 10-2-404 is amended to read:
10-2-404. Certain annexation petitions invalid -- Certain petitions considered filed on
May 5, 1997 -- Signatures on invalid petitions -- Special requirements for certain petitions.
(1) Except as provided in Subsection (3), [each] an annexation petition filed before and still
pending on May 5, 1997, that fails to comply with the requirements of Subsections 10-2-403(2), (3),

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and (4) is invalid.
(2) [An] Each annexation petition filed before and still pending on May 5, 1997, that
complies with the requirements of Subsections 10-2-403(2), (3), and (4) shall:
(a) except as provided in Subsection (2)(b), be considered to have been filed on May 5,
1997, and shall be processed according to the provisions of this part; and
(b) notwithstanding Subsection (2)(a), be given processing priority according to its actual
filing date.
(3) Notwithstanding Subsection (1), the signatures on an annexation petition that is invalid
because of Subsection (1) may be used toward fulfilling the signature requirement of Subsection
10-2-403(2)(b).
(4) (a) Except as provided in Subsection (4)(c), the sponsors of each annexation petition filed
under Section 10-2-403 on or after May 5, 1997, and before the effective date of this Subsection (4),
or considered filed on May 5, 1997, under Subsection (2)(a), shall, within ten days of the effective
date of this Subsection (4), deliver or mail a copy of the annexation petition to the planning
commission of each township in which any part of the area proposed for annexation is located.
(b) Except as provided in Subsection (4)(c), if an annexation petition described in Subsection
(4)(a) is accepted by a municipal legislative body under Subsection 10-2-405(1)(a)(ii), the municipal
legislative body may not grant the petition for annexation until after expiration of the deadline for
filing a protest under Subsection 10-2-407(2)(a)(i)(A), (2)(e), or (2)(f).
(c) Subsections (4)(a) and (b) do not apply if the time for filing a protest under Subsection
10-2-407(2)(a)(i)(A) or (2)(e), excluding an extension under Subsection 10-2-407(2)(f), expires
before the effective date of this Subsection (4).
Section 10. Section 10-2-405 is amended to read:
10-2-405. Acceptance or rejection of an annexation petition -- Modified petition --
Township planning commission recommendation.
(1) (a) A municipal legislative body may:
(i) deny a petition filed under Section 10-2-403; or
(ii) accept the petition for further consideration under this part.

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(b) If a municipal legislative body denies a petition under Subsection (1)(a)(i), it shall,
within five days of the denial, mail written notice of the denial to the contact sponsor [and], the clerk
of the county in which the area proposed for annexation is located, and the chair of the planning
commission of each township in which any part of the area proposed for annexation is located.
(2) If the municipal legislative body accepts a petition under Subsection (1)(a)(ii), the city
recorder or town clerk, as the case may be, shall, within 30 days of that acceptance:
(a) with the assistance of the municipal attorney and of the clerk, surveyor, and recorder of
the county in which the area proposed for annexation is located, determine whether the petition
meets the requirements of Subsections 10-2-403(2), (3), and (4); and
(b) (i) if the city recorder or town clerk determines that the petition meets those
requirements, certify the petition and [notify in writing] mail or deliver written notification of the
certification to the municipal legislative body [and], the contact sponsor [of the certification], the
county legislative body, and the chair of the planning commission of each township in which any
part of the area proposed for annexation is located; or
(ii) if the city recorder or town clerk determines that the petition fails to meet any of those
requirements, reject the petition and [notify in writing] mail or deliver written notification of the
rejection and the reasons for the rejection to the municipal legislative body [and], the contact sponsor
[of the rejection and the reasons for the rejection], the county legislative body, and the chair of the
planning commission of each township in which any part of the area proposed for annexation is
located.
(3) (a) (i) If the city recorder or town clerk rejects a petition under Subsection (2)(b)(ii), the
petition may be modified to correct the deficiencies for which it was rejected and then refiled with
the city recorder or town clerk, as the case may be.
(ii) A signature on an annexation petition filed under Section 10-2-403 may be used toward
fulfilling the signature requirement of Subsection 10-2-403(2)(b) for the petition as modified under
Subsection (3)(a)(i).
(b) If a petition is refiled under Subsection (3)(a) after having been rejected by the city
recorder or town clerk under Subsection (2)(b)(ii), the refiled petition shall be treated as a newly

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filed petition under Subsection 10-2-403(1).
(4) Each county clerk, surveyor, and recorder shall cooperate with and assist a city recorder
or town clerk in the determination under Subsection (2)(a).
Section 11. Section 10-2-407 is amended to read:
10-2-407. Protest to annexation petition -- Requirements -- Disposition if no protest.
(1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:
[(a)] (i) the legislative body of the county in which the area proposed for annexation is
located;
[(b)] (ii) the board of a special district whose boundaries include part or all of the area
proposed for annexation;
[(c)] (iii) the legislative body of a municipality whose boundaries are within 1/2 mile of the
area proposed for annexation; or
[(d)] (iv) the owners of private real property that:
[(i)] (A) is located in the unincorporated area within 1/2 mile of the area proposed for
annexation;
[(ii)] (B) covers at least 25% of the private land area located in the unincorporated area
within 1/2 mile of the area proposed for annexation; and
[(iii)] (C) is equal in value to at least 15% of all real property located in the unincorporated
area within 1/2 mile of the area proposed for annexation.
(b) (i) (A) Except as provided in Subsection (1)(b)(i)(B), a township planning commission
may recommend to the legislative body of the county in which the township is located that the
county legislative body file a protest against a proposed annexation under this part of an area located
within the township.
(B) Subsection (1)(b)(i)(A) does not apply if the time for filing a protest under Subsection
10-2-407(2)(a)(i)(A) or (2)(e) expires before the effective date of this Subsection (1)(b).
(ii) (A) Except as provided in Subsection (1)(b)(ii)(B), the township planning commission
shall communicate each recommendation under Subsection (2)(b)(i) in writing to the county
legislative body within 30 days of the city recorder or town clerk's certification of the annexation

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petition under Subsection 10-2-405(2)(b)(i).
(B) Notwithstanding Subsection (1)(b)(ii)(A), if the city recorder or town clerk's certification
under Subsection 10-2-405(2)(b)(i) occurs before the effective date of this Subsection (1)(b), the
township planning commission shall communicate its recommendation under Subsection (2)(b)(i)
in writing to the county legislative body within 30 days of the effective date of this Subsection (1)(b)
but no later than the deadline for filing a protest under Subsection (2)(a)(i)(A) or (2)(e), excluding
an extension under Subsection (2)(f).
(C) At the time the recommendation is communicated to the county legislative body under
Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy of the
recommendation to the legislative body of the proposed annexing municipality and to the contact
sponsor.
(2) (a) Each protest under Subsection (1)(a) shall:
(i) be filed:
(A) except as provided in [Subsection] Subsections (2)(e) and (f), no later than 60 days after
the municipal legislative body's receipt of the notice of certification under Subsection
10-2-405(2)(b)(i); and
(B) (I) in a county that has already created a commission under Section 10-2-409, with the
commission; or
(II) in a county that has not yet created a commission under Section 10-2-409, with the clerk
of the county in which the area proposed for annexation is located; and
(ii) state each reason for the protest of the annexation petition.
(b) The party filing a protest under this section shall on the same date deliver or mail a copy
of the protest to the city recorder or town clerk of the proposed annexing municipality.
(c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall immediately
notify the county legislative body of the protest and shall deliver the protest to the boundary
commission within five days of its creation under Subsection 10-2-409(1)(b).
(d) Each protest under Subsection (1)[(d)](a)(iv) shall, in addition to the requirements of
Subsections (2)(a) and (b):

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(i) indicate the typed or printed name and current residence address of each owner signing
the protest; and
(ii) designate one of the signers of the protest as the contact person and state the mailing
address of the contact person.
(e) Notwithstanding Subsection (2)(a)(i)(A) and except as provided in Subsection (2)(f),
each protest under Subsection (1) shall be filed no later than [30] 40 days after the municipal
legislative body's receipt of the notice of certification under Subsection 10-2-405(2)(b)(i) if the
annexation petition proposes the annexation of an area that:
(i) is undeveloped; and
(ii) covers an area that is equivalent to less than 5% of the total land mass of all private real
property within the municipality.
(f) The deadline under Subsection (2)(a)(i)(A) or (2)(e) for the county legislative body to file
a protest is extended by ten days if:
(i) the city recorder or town clerk's certification of the annexation petition under Subsection
10-2- 405(2)(b)(i) occurs before the effective date of this Subsection (2)(f); and
(ii) the time for filing a protest under Subsection (2)(a)(i)(A) or (2)(e) has not expired as of
the effective date of this Subsection (2)(f).
(3) (a) (i) If a protest is filed under this section:
(A) the municipal legislative body may, at its next regular meeting after expiration of the
deadline under Subsection (2)(a)(i)(A) or (e), deny the annexation petition; or
(B) if the municipal legislative body does not deny the annexation petition under Subsection
(3)(a)(i)(A), the municipal legislative body may take no further action on the annexation petition
until after receipt of the commission's notice of its decision on the protest under Section 10-2-416.
(ii) If a municipal legislative body denies an annexation petition under Subsection
(3)(a)(i)(A), the municipal legislative body shall, within five days of the denial, send notice of the
denial in writing to:
(A) the contact sponsor of the annexation petition;
(B) the commission;

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(C) each entity that filed a protest; and
(D) if a protest was filed under Subsection (1)(d), the contact person.
(b) (i) If no timely protest is filed under this section, the municipal legislative body may,
subject to Subsection (3)(b)(ii), grant the petition and, by ordinance, annex the area that is the subject
of the annexation petition.
(ii) Before granting an annexation petition under Subsection (3)(b)(i), the municipal
legislative body shall:
(A) hold a public hearing; and
(B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
(I) publish notice of the hearing in a newspaper of general circulation within the municipality
and the area proposed for annexation; or
(II) if there is no newspaper of general circulation in those areas, post written notices of the
hearing in conspicuous places within those areas that are most likely to give notice to residents
within those areas.
Section 12. Section 17-27-200.5 is amended to read:
17-27-200.5. Townships.
(1) As used in this part:
(a) "Township" means a contiguous, geographically defined portion of the unincorporated
area of a county, established under this part or reconstituted or reinstated under Subsection
17-27-200.5(2)(e) of this part, with planning and zoning functions as exercised through the township
planning commission, as provided in this part, but with no legal or political identity separate from
the county and no taxing authority, except that "township" means a former township under Chapter
308, Laws of Utah 1996, where the context so indicates.
(b) "Unincorporated" means not within a municipality.
[(1)] (2) (a) [A] (i) Subject to Subsection (2)(a)(ii), a county legislative body may enact an
ordinance establishing a township [planning district] within the unincorporated county or dividing
the unincorporated county into [township planning districts] townships.
(ii) Before enacting an ordinance under Subsection (2)(a)(i), the county legislative body

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shall, after providing reasonable advance notice, hold a public hearing on the proposal to establish
a township or to divide the unincorporated county into townships.
(b) If 25% of the private real property owners in a contiguous area of the unincorporated
county petition the county legislative body to establish a township [planning district] for that area
[and to appoint members of a township planning district planning commission], the county
legislative body shall:
(i) hold a public hearing to discuss the petition;
(ii) at least one week before the public hearing, publish notice of the petition and the time,
date, and place of the public hearing at least once in a newspaper of general circulation in the county;
and
(iii) at the public hearing, consider oral and written testimony from the public and vote on
the question of whether or not to establish a township [planning district].
(c) If the county legislative body establishes a township [planning district] pursuant to a
petition, the [county legislative body shall appoint] members of the township [planning district]
planning commission shall be appointed as provided in Subsection 17-27-201(3)(b) to perform the
duties established in this part for the township [planning district].
(d) Except as provided in Subsection [(1)] (2)(e), each township [planning district] shall
contain:
(i) in a county of the first, second, or third class:
(A) at least 20% but not more than 80% of:
[(A)] (I) the total private land area in the unincorporated county; or
[(B)] (II) the total value of locally assessed taxable property in the unincorporated county;
or
[(ii)] (B) at least 5% of the total population of the unincorporated county[.]; or
(ii) in a county of the fourth, fifth, or sixth class:
(A) at least 20% but not more than 80% of:
(I) the total private land area in the unincorporated county; or
(II) the total value of locally assessed taxable property in the unincorporated county; and

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(B) at least 25% of the total population of the unincorporated county.
[(e) (i) A township created under Chapter 308, Laws of Utah 1996, before February 28,
1997, is reconstituted as a township planning district under this section with the same boundaries
and the same name as the former township if the former township:]
[(A) meets the requirements of Subsection (1)(d); or]
[(B) has at least 400 registered voters residing within the boundaries of the former
township.]
[(ii) Notwithstanding Subsection (1)(e)(i), a county legislative body may enact an ordinance
establishing a township planning district with the same boundaries and the same name as a township
that was formed before February 28, 1997, under Chapter 308, Laws of Utah 1996, even though the
township does not qualify under Subsection (1)(e)(i) to be reconstituted as a township planning
district.]
(e) (i) (A) A township that was dissolved under Chapter 389, Laws of Utah 1997, is
reinstated as a township under this part with the same boundaries and name as before the dissolution,
if the former township consisted of a single, contiguous land area.
(B) Notwithstanding Subsection (2)(e)(i)(A), a county legislative body may enact an
ordinance establishing as a township under this part a former township that was dissolved under
Chapter 389, Laws of Utah 1997, even though the former township does not qualify to be reinstated
under Subsection (2)(e)(i)(A).
(C) A township reinstated under Subsection (2)(e)(i)(A) or established under Subsection
(2)(e)(i)(B) shall be subject to the provisions of this part.
(ii) Each planning district established under Chapter 225, Laws of Utah 1995, and each
township planning district established under Chapter 389, Laws of Utah 1997, shall continue in
existence as a township, subject to the provisions of this part.
(f) (i) After May 1, 2002, the legislative body of each county in which a township [planning
district established] that has been reconstituted under Chapter 389, Laws of Utah 1997, or reinstated
under Subsection [(1)] (2)(e)(i) is located shall review the township [planning district] and determine
whether its continued existence is advisable.

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(ii) In conducting the review required under Subsection [(1)] (2)(f)(i), the county legislative
body shall hold a public hearing with reasonable, advance, published notice of the hearing and the
purpose of the hearing.
(iii) Each township [planning district established] that has been reconstituted under Chapter
389, Laws of Utah 1997, or reinstated or established under Subsection [(1)] (2)(e)(i) and its planning
commission shall continue in effect, unless, within 90 days after conducting the review and public
hearing required under Subsections [(1)] (2)(f)(i) and (ii), the county legislative body by ordinance
dissolves the township and its planning [district] commission.
(g) A township [planning district] established under this section on or after May 5, 1997,
may use the word "township" in its name.
[(2)] (3) (a) If the county legislative body establishes a township [planning districts] without
having received a petition, the county legislative body may:
(i) [designate one] assign to the countywide planning commission [to perform] the duties
established in this part [for each township planning district and for the county as a whole] that would
have been assumed by a township planning commission designated under Subsection (3)(a)(ii); or
(ii) designate a planning commission for [each] the township [planning district].
(b) (i) If the county legislative body fails to designate a planning commission for [each] a
township [planning district], 40% of the private real property owners in the area proposed to be
included in the township [planning district], as shown by the last county assessment roll, may
petition the county legislative body to designate and appoint a planning commission for the township
[planning district].
(ii) If the county legislative body determines that the petition is validly signed by 40% of
the private real property owners in the township [planning district], as shown by the last county
assessment roll, it shall designate and appoint a planning commission for the township [planning
district].
[(3)] (4) (a) Except as provided in Subsection [(1)] (2)(f)(iii), a county legislative body may
dissolve [district] township planning commissions created under the authority of this section only
by following the procedures and requirements of this Subsection [(3)] (4).

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(b) If 20% of the private real property owners in the county petition the county legislative
body to dissolve township [planning district] planning commissions and to appoint a countywide
planning commission, the county legislative body shall:
(i) hold a public hearing to discuss the petition;
(ii) at least one week before the public hearing, publish notice of the petition and the time,
date, and place of the public hearing at least once in a newspaper of general circulation in the county;
and
(iii) at the public hearing, consider oral and written testimony from the public and vote on
the question of whether or not to dissolve township [planning district] planning commissions and
to appoint a countywide planning commission.
(c) (i) If the county legislative body fails to dissolve township [planning district] planning
commissions and to appoint a countywide planning commission when petitioned to do so by private
real property owners under this subsection, 40% of private real property owners in the county, as
shown by the last county assessment roll, may petition the county legislative body to dissolve the
township [planning district] planning commissions and to appoint a countywide planning
commission.
(ii) If the county legislative body determines that the petition is validly signed by 40% of
private real property owners in the township [planning district], as shown by the last county
assessment roll, it shall dissolve the township [planning district] planning commissions and appoint
a countywide planning commission.
Section 13. Section 17-27-201 is amended to read:
17-27-201. Establishment of commission -- Appointment or election, term, vacancy,
and compensation.
(1) (a) [Each] Except as provided in Subsection (1)(b), each county [may] shall enact an
ordinance establishing[:(a) one] a countywide planning commission[; or (b) one planning
commission for each township planning district] for the unincorporated areas of the county not
within a township.
(b) Subsection (1)(a) does not apply if all of the county is included within any combination

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of:
(i) municipalities; and
(ii) townships with their own planning commissions.
(2) [If the county establishes] The ordinance establishing a countywide planning
commission[, the ordinance] shall define:
(a) the number and terms of the members;
(b) the mode of appointment;
(c) the procedures for filling vacancies and removal from office; and
(d) other details relating to the organization and procedures of the planning commission.
(3) (a) If the county establishes township [planning district] planning commissions, the
county legislative body shall enact an ordinance defining appointment procedures, procedures for
filling vacancies and removing members from office, and other details relating to the organization
and procedures of each township planning commission.
(b) The planning commission for each township [planning district] shall consist of seven
members who, except as provided in Subsection (3)(e), shall be appointed by:
(i) in a county operating under a form of government in which the executive and legislative
functions of the governing body are separated, the county executive with the advice and consent of
the county legislative body[.]; or
(ii) in a county operating under a form of government in which the executive and legislative
functions of the governing body are not separated, the county legislative body.
(c) (i) Members shall serve [three-year] four-year terms and until their successors are
appointed or, as provided in Subsection (3)(e), elected and qualified.
(ii) Notwithstanding the provisions of Subsection (3)(c)(i) and except as provided in
Subsection (3)(e), [the chief executive shall appoint] members of the first planning commissions
shall be appointed so that, for each commission, the terms of at least [two members] one member
and no more than [three] two members expire each year.
(d) (i) [Each] Except as provided in Subsection (3)(d)(ii), each member of a township
[planning district] planning commission shall [reside or be an owner of real property] be a registered

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voter residing within the [district] township.
(ii) (A) Notwithstanding Subsection (3)(d)(i), one member of a planning commission of a
township reconstituted under Chapter 389, Laws of Utah 1997, or reinstated or established under
Subsection 17-27-200.5(2)(e)(i) may be an appointed member who is a registered voter residing
outside the township if that member:
(I) is an owner of real property located within the township; and
(II) resides within the county in which the township is located.
(B) (I) Each appointee under Subsection (3)(d)(ii)(A) shall be chosen by the township
planning commission from a list of three persons submitted by the county legislative body.
(II) If the township planning commission has not notified the county legislative body of its
choice under Subsection (3)(d)(ii)(B)(I) within 60 days of the township planning commission's
receipt of the list, the county legislative body may appoint one of the three persons on the list or a
registered voter residing within the township as a member of the township planning commission.
(e) (i) [Each county] The legislative body of each county in which a township reconstituted
under Chapter 389, Laws of Utah 1997, or reinstated or established under Subsection
17-27-200.5(2)(e)(i) is located shall enact an ordinance that provides for the election of at least three
members of [a] the planning commission of [a] that township [planning district established under
Subsection 17-27-200.5(1)(e)].
(ii) The election of planning commission members under Subsection (3)(e)(i) shall coincide
with the election of other county officers during even-numbered years. Approximately half the
elected planning commission members shall be elected every four years during elections held on
even-numbered years, and the remaining elected members shall be elected every four years on
alternating even-numbered years.
(f) (i) (A) The legislative body of each county in which a township reconstituted under
Chapter 389, Laws of Utah 1997, or reinstated or established under Subsection 17-27-200.5(2)(e)(i)
is located shall enact an ordinance appointing each elected member of the planning and zoning board
of the former township, established under Chapter 308, Laws of Utah 1996, as a member of the
planning commission of the reconstituted or reinstated township. Each member appointed under this

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subsection shall be considered an elected member.
(B) (I) Except as provided in Subsection (3)(f)(i)(B)(II), the term of each member appointed
under Subsection (3)(f)(i)(A) shall continue until the time that the member's term as an elected
member of the former township planning and zoning board would have expired.
(II) Notwithstanding Subsection (3)(f)(i)(B)(I), the county legislative body may adjust the
terms of the members appointed under Subsection (3)(f)(i)(A) so that the terms of those members
coincide with the schedule under Subsection (3)(e)(ii) for elected members.
[(f) A county] (ii) Subject to Subsection (3)(f)(iii), the legislative body of a county in which
a township reconstituted under Chapter 389, Laws of Utah 1997, or reinstated or established under
Subsection 17-27-200.5(2)(e)(i) is located may enact an ordinance allowing each appointed member
of [a] the planning and zoning board of [a] the former township, established [before February 28,
1997,] under Chapter 308, Laws of Utah 1996, to continue to hold office as a member of the
planning commission of [a] the reconstituted or reinstated township [planning district established
under Subsection 17-27-200.5(1)(e)] until the time that the member's term as a member of the
[township] former township's planning and zoning board would have expired.
(iii) If a planning commission of a township reconstituted under Chapter 389, Laws of Utah
1997, or reinstated or established under Subsection 17-27-200.5(2)(e)(i) has more than one appointed
member who resides outside the township, the legislative body of the county in which that township
is located shall, within 15 days of the effective date of this Subsection (3)(f)(iii), dismiss all but one
of the appointed members who reside outside the township, and a new member shall be appointed
under Subsection (3)(b) within 30 days of the effective date of this Subsection (3)(f)(iii) to fill the
position of each dismissed member.
(g) (i) Except as provided in Subsection (3)(g)(ii), upon the appointment or election of all
members of a township planning commission [of a township planning district], each [planning
commission of a] township planning [district] commission under this section shall begin to exercise
the powers and perform the duties provided in Section 17-27-204 with respect to all matters then
pending that previously had been under the jurisdiction of the countywide planning commission or
township planning and zoning board.

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(ii) Notwithstanding Subsection (3)(g)(i), if the members of a former township planning and
zoning board continue to hold office as members of the planning commission of the township
planning district under an ordinance enacted under Subsection (3)(f), the township planning
commission [of the township planning district] shall immediately begin to exercise the powers and
perform the duties provided in Section 17-27-204 with respect to all matters then pending that had
previously been under the jurisdiction of the township planning and zoning board.
(4) The legislative body may fix per diem compensation for the members of the planning
commission, based on necessary and reasonable expenses and on meetings actually attended.
Section 14. Section 17-27-204 is amended to read:
17-27-204. Powers and duties.
(1) Each countywide or township [planning district] planning commission shall, with respect
to the county or township [planning district], as the case may be:
[(1)] (a) prepare and recommend a general plan and amendments to the general plan to the
county legislative body as provided in this chapter;
[(2)] (b) recommend zoning ordinances and maps, and amendments to zoning ordinances
and maps, to the county legislative body as provided in this chapter;
[(3)] (c) administer provisions of the zoning ordinance, if specifically provided for in the
zoning ordinance adopted by the county legislative body;
[(4)] (d) recommend subdivision regulations and amendments to those regulations to the
county legislative body as provided in this chapter;
[(5)] (e) recommend approval or denial of subdivision applications as provided in this
chapter;
[(6)] (f) advise the county legislative body on matters as the county legislative body directs;
[(7)] (g) hear or decide any matters that the county legislative body designates, including the
approval or denial of, or recommendations to approve or deny, conditional use permits;
[(8)] (h) exercise any other powers delegated to it by the county legislative body; and
[(9)] (i) exercise any other powers that are necessary to enable it to perform its functions.
(2) The planning commission of a township under this part may recommend to the

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legislative body of the county in which the township is located:
(a) that the county legislative body support or oppose a proposed incorporation of an area
located within the township, as provided in Subsection 10-2-105(4); or
(b) that the county legislative body file a protest to a proposed annexation of an area located
within the township, as provided in Subsection 10-2-407(1)(b).
Section 15. Section 17-27-206 is amended to read:
17-27-206. Planning and zoning board dissolved.
[(1) Except to the extent that a township is reconstituted or established as a township
planning district under Subsection 17-27-200.5(1)(e), each township formed before May 5, 1997,
under Chapter 308, Laws of Utah 1996, is dissolved.]
[(2)] Except as provided in Subsection 17-27-201(3)(f), the planning and zoning board of
each township formed before May 5, 1997, under Chapter 308, Laws of Utah 1996, is dissolved.
Section 16. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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