H.B. 237

1

LOCAL GOVERNMENT AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Blake D. Chard
5 AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; REPEALING AND
6 REENACTING PROVISIONS RELATING TO COUNTY PLANNING DISTRICTS,
7 TOWNSHIPS, AND PLANNING COMMISSIONS; IMPOSING SIZE AND POPULATION
8 LIMITS ON TOWNSHIPS; MODIFYING THE DUTIES, RESPONSIBILITIES, AND
9 MAKEUP OF TOWNSHIP PLANNING AND ZONING BOARDS AND REDESIGNATING
10 THEM AS TOWNSHIP PLANNING COMMISSIONS; REQUIRING MEMBERS OF A
11 PLANNING COMMISSION TO RESIDE WITHIN THE COUNTY, DISTRICT, OR
12 TOWNSHIP; REQUIRING PLANNING COMMISSIONS TO COMPLY WITH CERTAIN
13 PROVISIONS OF STATE LAW; MODIFYING PLANNING DISTRICT DISSOLUTION
14 PROVISIONS; MODIFYING THE PROCEDURE FOR REMOVING AN AREA FROM A
15 PROPOSED TOWNSHIP; PROVIDING A PROCEDURE FOR ANNEXING AN AREA
16 INTO A TOWNSHIP; MODIFYING THE RESTRICTION ON DEVELOPING PROPERTY
17 WITHIN 1/2 MILE OF A MUNICIPALITY; PROVIDING A DISSOLUTION PROCEDURE
18 FOR TOWNSHIPS; MODIFYING DISSOLUTION PROCEDURES FOR PLANNING
19 DISTRICTS; AND MAKING TECHNICAL CORRECTIONS.
20 This act affects sections of Utah Code Annotated 1953 as follows:
21 AMENDS:
22 10-2-101, as last amended by Chapter 27, Laws of Utah 1983
23 10-2-102, as last amended by Chapter 227, Laws of Utah 1993
24 10-2-418, as last amended by Chapter 20, Laws of Utah 1995
25 ENACTS:
26 17-27-206, Utah Code Annotated 1953
27 17-27-207, Utah Code Annotated 1953

1 17-27-208, Utah Code Annotated 1953
2 17-27-209, Utah Code Annotated 1953
3 17-27-210, Utah Code Annotated 1953
4 REPEALS AND REENACTS:
5 17-27-201, as last amended by Chapters 179 and 225, Laws of Utah 1995
6 17-27-202, as last amended by Chapters 179 and 225, Laws of Utah 1995
7 17-27-203, as last amended by Chapter 225, Laws of Utah 1995
8 17-27-204, as last amended by Chapter 225, Laws of Utah 1995
9 17-27-205, as last amended by Chapter 225, Laws of Utah 1995
10 REPEALS:
11 17-27-200.5, as last amended by Chapter 157, Laws of Utah 1996
12 17-27a-101, as enacted by Chapter 308, Laws of Utah 1996
13 17-27a-102, as enacted by Chapter 308, Laws of Utah 1996
14 17-27a-103, as enacted by Chapter 308, Laws of Utah 1996
15 17-27a-104, as enacted by Chapter 308, Laws of Utah 1996
16 17-27a-105, as enacted by Chapter 308, Laws of Utah 1996
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 10-2-101 is amended to read:
19 10-2-101. Petition to county clerk for incorporation -- Suspension of proposed
20 incorporation overlapping proposed township -- Exception.
21 (1) (a) The registered voters of any contiguous territory not included within the boundaries
22 of another municipality may initiate organization towards municipal status by filing a written
23 petition for incorporation with the county clerk of the county in which the territory is located.
24 (b) The petition shall bear signatures equal in number to 25% of all votes cast from the
25 unincorporated area proposed for municipal status at the last congressional election, or 1,000
26 signatures, whichever is less, except that there must be at least ten signatures from each of at least
27 50% of the voting districts within the area.
28 (c) No signature is valid, for purposes of this section, unless it is that of a registered voter
29 who is a resident within the unincorporated area proposed for municipal status.
30 (d) The petition for incorporation shall:
31 [(1)] (i) describe the territory proposed to be embraced in the city;

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1 [(2)] (ii) have annexed an accurate map or plat thereof;
2 [(3)] (iii) state the name proposed for the city; and
3 [(4)] (iv) be accompanied with reasonable proof of the number of inhabitants within the
4 proposed city's boundaries.
5 (e) A petition for incorporation may not propose the incorporation of an area that overlaps
6 an area proposed for township status in a pending township petition that the county clerk certified
7 under Subsection 17-27-203(4)(a) before the petition for incorporation was filed.
8 (2) (a) Upon the county clerk's certification of a petition proposing township status under
9 Subsection 17-27-203(4)(a) and except as provided in Subsection (2)(c), each proceeding then
10 pending on a petition for incorporation filed under Subsection (1) proposing the municipal
11 incorporation of an area overlapping the area proposed for township status shall be suspended.
12 (b) Unless the overlapping area is removed from the area proposed for township status as
13 provided in Subsection 17-27-203(6):
14 (i) no further action on the incorporation proceeding may be taken until after the election
15 to determine township status as provided in Subsection 17-27-203(7); and
16 (ii) if the election under Subsection 17-27-203(7) results in the area acquiring township
17 status, the overlapping area is immediately deleted from the area proposed for municipal
18 incorporation.
19 (c) If a township petition is certified under Subsection 17-27-203(4)(a)(ii):
20 (i) Subsection (2)(a) does not apply; and
21 (ii) the county legislative body shall immediately delete from the area proposed for
22 municipal incorporation the area that overlaps the area proposed for township status.
23 Section 2. Section 10-2-102 is amended to read:
24 10-2-102. Certification of petition to county legislative body.
25 Upon receipt of a petition filed under this part, the county clerk shall determine whether
26 it meets the requirements [specified in Sections] of Subsection 10-2-101(1) and Section
27 10-2-101.5. If [the] those requirements [of those sections] are fully satisfied, the county clerk shall
28 certify the petition and deliver it together with any attachments to the county legislative body at
29 its next regular meeting.
30 Section 3. Section 10-2-418 is amended to read:
31 10-2-418. Urban development restrictions.

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1 (1) [Urban] Except as provided in Subsections (2) and (3), urban development shall not
2 be approved or permitted within [one-half] 1/2 mile of a municipality in the unincorporated
3 territory which the municipality has proposed for municipal expansion in its policy declaration,
4 if a municipality is willing to annex the territory proposed for [such] development under the
5 standards and requirements set forth in this chapter[; provided, however, that].
6 (2) (a) Notwithstanding Subsection (1), a property owner desiring to develop or improve
7 property within the [said one-half] 1/2 mile area may notify the municipality in writing of [said]
8 the owner's desire and identify with particularity all legal and factual barriers preventing an
9 annexation to the municipality.
10 (b) At the end of 12 consecutive months from the filing with the municipality of [said] the
11 notice under Subsection (2)(a) and after a good faith and diligent effort by [said] the property
12 owner to annex, [said] the property owner may develop as otherwise permitted by law. Urban
13 development beyond [one-half] 1/2 mile of a municipality may be restricted or an impact statement
14 required when agreed to in an interlocal agreement[,] under [the provisions of] Title 11, Chapter
15 13, Interlocal Co-operation Act.
16 (3) Notwithstanding Subsections (1) and (2), an owner of property within 1/2 mile of a
17 municipality may immediately develop or improve the property as otherwise permitted by law if:
18 (a) the property is located within a township;
19 (b) the property owner has made a diligent and good faith effort to obtain township
20 planning commission approval to file a petition under Section 10-2-416 to annex the property to
21 an adjoining municipality; and
22 (c) the township planning commission has declined to approve the filing of the annexation
23 petition.
24 Section 4. Section 17-27-201 is repealed and reenacted to read:
25 17-27-201. Countywide planning district.
26 A county legislative body may enact an ordinance establishing a countywide planning
27 district consisting of the area of the county not included within a municipality or a township.
28 Section 5. Section 17-27-202 is repealed and reenacted to read:
29 17-27-202. Planning districts.
30 (1) A county legislative body may enact an ordinance creating one or more planning
31 districts within the area of the county not included within a municipality or a township.

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1 (2) If 25% of the private real property owners, in a contiguous area of the county not
2 included within a municipality or a township, petition the county legislative body to establish a
3 planning district for that area, the county legislative body shall:
4 (a) hold a public hearing to:
5 (i) discuss the petition; and
6 (ii) consider oral and written testimony from the public on the proposed planning district;
7 (b) publish notice of the petition and the time, date, and place of the public hearing at least
8 once in a newspaper of general circulation in the county at least one week before the public
9 hearing; and
10 (c) at the next regular meeting of the county legislative body after the public hearing, vote
11 on whether to establish a planning district.
12 (3) In a county of the first or second class, each planning district shall contain at least 20%
13 but not more than 80% of either:
14 (a) the total private land area of the county not included within a municipality; or
15 (b) the locally assessed taxable property of the area of the county not included within a
16 municipality.
17 Section 6. Section 17-27-203 is repealed and reenacted to read:
18 17-27-203. Township status -- Petition process -- Removal of area from proposed
19 township -- Election -- Exception.
20 (1) (a) A contiguous area of a single county not included within a municipality or township
21 may acquire township status as provided in this section.
22 (b) No area may be proposed for township status unless the area:
23 (i) has at least 50 registered voters, as shown on the rolls of the last congressional election,
24 residing within the area; and
25 (ii) contains no more than 30% of the total private land area of the county not included
26 within a municipality.
27 (2) (a) The process for acquiring township status is commenced by filing a petition with
28 the clerk of the county in which the area proposed for township status is located.
29 (b) The petition under Subsection (2)(a) shall:
30 (i) bear the signatures of:
31 (A) registered voters who are residents within the area proposed for township status equal

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1 in number to 25% of all votes cast from the area at the last congressional election, or 1,000,
2 whichever is less, except that there must be at least ten signatures from each of at least 50% of the
3 total number of complete and partial voting precincts that the area proposed for township status
4 comprises; and
5 (B) (I) in a county of the first or second class, the owners of 25% of the total private land
6 area within the area proposed for township status; or
7 (II) in a county of the third, fourth, fifth, or sixth class, the owners of over 50% of the total
8 private land area within the area proposed for township status;
9 (ii) be accompanied by an accurate plat or map of the area proposed for township status,
10 prepared by or under the supervision of and certified by a licensed surveyor;
11 (iii) contain the names, addresses, and telephone numbers of up to five sponsors appointed
12 by all petitioners to act in behalf of all petitioners for purposes of the petition, one of whom shall
13 be designated as the contact sponsor; and
14 (iv) include the name of the proposed township.
15 (3) (a) Upon receipt of a township petition, the county clerk, with the assistance of the
16 county attorney and the county assessor, shall determine whether the petition meets the
17 requirements of Subsections (1)(b) and (2) and whether it further meets the requirements of
18 Subsection (8)(a).
19 (b) (i) The county clerk shall process petitions under Subsection (3)(a) in the order in
20 which they are filed.
21 (ii) If a petition that has been rejected by the county clerk and returned to the contact
22 sponsor under Subsection (4)(b) is refiled, its processing priority is determined by the date on
23 which it is refiled.
24 (4) (a) (i) If the requirements of Subsections (1)(b) and (2) are met, the county clerk shall
25 certify the petition and deliver it to the county legislative body at its next regular meeting.
26 (ii) If the requirements of Subsection (8)(a) are also met, the clerk shall so certify in
27 writing to the county legislative body when the clerk delivers the petition to the county legislative
28 body.
29 (b) If any of the requirements of Subsections (1)(b) and (2) is not met, the county clerk
30 may not certify the petition but shall reject it and return it to the contact sponsor identified in the
31 petition with a written explanation of the reasons for the rejection.

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1 (5) The county legislative body shall process petitions in the order in which they are
2 certified under Subsection (4)(a) and may not process a petition that has not been certified.
3 (6) (a) Except as provided in Subsection (6)(e), a contiguous area within an area proposed
4 for township status in a petition certified under Subsection (4)(a) may be removed from the
5 proposed township if:
6 (i) no later than 45 days before the date of the election under Subsection (7)(a), a request
7 to remove the area from the proposed township is filed with the county clerk:
8 (A) bearing the signatures of the owners of over 50% of the private land area and the
9 owners of at least 1/3 of the value of real property, as shown on the last assessment rolls, within
10 the area proposed to be removed;
11 (B) containing the name and address of one of the signers designated by all signers as the
12 contact person for the signers of the request; and
13 (C) including an accurate plat or map of the area proposed to be removed, prepared by or
14 under the supervision of and certified by a licensed surveyor;
15 (ii) the area proposed for township status remaining after the proposed removal does not
16 lose its contiguousness; and
17 (iii) the proposed removal does not create or leave an island within the proposed township
18 of an area not included in the township.
19 (b) The requirement under Subsection (6)(a)(i) to file a request to remove may be satisfied
20 by filing with the county clerk within the time stated in that subsection a copy of:
21 (i) a petition for incorporation under Section 10-2-101 that also complies with the
22 requirements of Subsection (6)(a)(i), with a written notice that the copy is serving as a request to
23 remove under Subsection (6)(a)(i); or
24 (ii) an annexation petition under Section 10-2-416 that also complies with the requirements
25 of Subsection (6)(a)(i), with a written notice that the copy is serving as a request to remove under
26 Subsection (6)(a)(i).
27 (c) (i) Upon receipt of a request to remove under Subsection (6)(a), the county clerk, with
28 the assistance of the county attorney and county assessor, shall determine whether the request
29 meets the requirements of that subsection.
30 (ii) If those requirements are:
31 (A) met, the county clerk shall, within 20 days, certify the request and deliver a copy of

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1 it to the county legislative body; or
2 (B) not met, the county clerk shall, within 20 days, reject the request and return it to the
3 contact person designated in the request with a written explanation of the reasons for the rejection.
4 (d) Upon receipt of a certified request to remove, the county legislative body shall remove
5 from the area of the proposed township the area described in the certified request.
6 (e) Subsections (6)(a) through (d) do not apply to a petition certified under Subsection
7 (4)(a)(ii).
8 (7) (a) (i) Except as provided in Subsection (8), the county legislative body shall conduct
9 an election on the issue of township status, including the name of the proposed township.
10 (ii) The election shall be held in a reasonable manner, as determined by the county
11 legislative body, but may not be held fewer than 90 days after the petition is delivered to the
12 county legislative body under Subsection (4)(a).
13 (b) If a majority of the votes cast at the township election favor the proposal, the area shall
14 acquire township status upon:
15 (i) completion of the canvass of that election; and
16 (ii) appointment of all members of the township planning commission under Section
17 17-27-205.
18 (8) (a) Subsection (7) does not apply to a township petition that bears the signatures of:
19 (i) registered voters who are residents within the area proposed for township status equal
20 in number to more than 50% of all votes cast from the area at the last congressional election; and
21 (ii) the owners of over 67% of the total private land area within the area proposed for
22 township status.
23 (b) If a petition is certified under Subsection (4)(a)(ii) as meeting the requirements of
24 Subsection (8)(a), the area proposed in the petition for township status shall acquire township
25 status immediately upon appointment of all members of the township planning commission under
26 Section 17-27-205.
27 (9) After an area has acquired township status:
28 (a) no annexation petition may be filed under Section 10-2-416 proposing the annexation
29 of an area within the township without the prior approval of the township planning commission;
30 and
31 (b) no petition under Title 10, Chapter 2, Part 1, Incorporation, proposing the municipal

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1 incorporation of an area within the township may be filed without the prior approval of the
2 township planning commission.
3 (10) (a) A contiguous area of a single county may be annexed to an existing township if:
4 (i) the area is contiguous to the township;
5 (ii) the area is in the same county as the township;
6 (iii) the area is not within a municipality;
7 (iv) the annexation does not create or leave an island within the township of an area not
8 included in the township;
9 (v) the proposed township annexation does not cause the township to exceed the size
10 limitation of Subsection (1)(b)(ii); and
11 (vi) a township annexation petition is filed with the county clerk of the county in which
12 the township is located:
13 (A) bearing the signatures of:
14 (I) registered voters who are residents within the proposed annexation area equal in
15 number to more than 50% of all votes cast from the area at the last congressional election; and
16 (II) the owners of over 67% of the total private land area within the area proposed for
17 township annexation;
18 (B) containing the name and address of one of the signers who is designated as the contact
19 petitioner; and
20 (C) accompanied by an accurate plat or map of the area proposed to be annexed, prepared
21 by or under the supervision of and certified by the county surveyor or another competent surveyor.
22 (b) (i) The county clerk, with the assistance of the county attorney and the county assessor,
23 shall determine whether the township annexation petition meets the requirements of Subsection
24 (10)(a).
25 (ii) If those requirements are:
26 (A) met, the county clerk shall certify the petition and deliver it to the county legislative
27 body at its next regular meeting; or
28 (B) not met, return the petition to the contact petitioner.
29 (c) Upon receipt of a certified township annexation petition, the county legislative body
30 shall declare the area to be annexed to the township.
31 Section 7. Section 17-27-204 is repealed and reenacted to read:

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1 17-27-204. Establishment of planning commissions.
2 (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
3 establishing a countywide planning commission for the unincorporated areas of the county.
4 (b) Subsection (1)(a) does not apply if all or substantially all of the private land area of the
5 county is within any combination of municipalities, planning districts created under Section
6 17-27-202, or townships created under Section 17-27-203.
7 (2) (a) If the county legislative body establishes one or more planning districts under
8 Section 17-27-202 without having received a petition, the county legislative body may:
9 (i) establish a district planning commission for each planning district; or
10 (ii) assign the countywide planning commission to exercise the powers and perform the
11 duties established in this part for each planning district and for the county as a whole.
12 (b) (i) If the county legislative body fails to designate a district planning commission for
13 a planning district, 40% of the private real property owners in that planning district, as shown by
14 the last county assessment roll, may petition the county legislative body to designate and appoint
15 a district planning commission for the planning district.
16 (ii) If the county legislative body determines that the petition is validly signed by 40%
17 of the private real property owners in the planning district as shown by the last county assessment
18 roll, it shall designate and appoint a district planning commission for the planning district.
19 (3) (a) (i) Upon an area acquiring township status as provided in Section 17-27-203, a
20 township planning commission shall be established as provided in Section 17-27-205.
21 (ii) Until the township planning commission is established, the planning commission with
22 jurisdiction over the township area immediately before the creation of the township shall continue
23 to exercise the powers and perform the duties provided under Section 17-27-208 for the area.
24 (b) Each township planning and zoning board formed under Chapter 308, Section 12,
25 Laws of Utah, 1996, and existing on May 5, 1997, is reconstituted as a township planning
26 commission and shall be subject to the provisions of this part.
27 Section 8. Section 17-27-205 is enacted to read:
28 17-27-205. Planning commission members.
29 (1) (a) (i) The county legislative body shall appoint each member of each planning
30 commission.
31 (ii) Each member of each countywide, district, or township planning commission shall

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1 reside within the county, district, or township, as the case may be.
2 (b) Notwithstanding Subsection (1)(a), each member of a township planning and zoning
3 board elected before May 5, 1997, may continue to serve as a member of the township planning
4 commission until the expiration of the elected member's term.
5 (2) For each type of planning commission, whether countywide, district, or township, the
6 county legislative body shall by ordinance define:
7 (a) the number and terms of the members;
8 (b) the procedures for appointing members;
9 (c) the procedures for removing members;
10 (d) the procedures for filling vacancies; and
11 (e) other details relating to the organization and procedures of the planning commission.
12 (3) The county legislative body may fix per diem compensation for the members of a
13 planning commission, based on necessary and reasonable expenses and on meetings actually
14 attended.
15 Section 9. Section 17-27-206 is enacted to read:
16 17-27-206. Planning commission organization and procedures.
17 (1) Each planning commission shall elect a chair from its members as provided by the
18 ordinance establishing the planning commission.
19 (2) (a) A planning commission may adopt policies and procedures for the conduct of its
20 meetings, the processing of applications, and for any other purposes considered necessary for the
21 functioning of the planning commission.
22 (b) The county legislative body may provide that the planning commission policies and
23 procedures be approved by the county legislative body before taking effect.
24 (3) Each planning commission shall be subject to and comply with the provisions of:
25 (a) Title 52, Chapter 4, dealing with open and public meetings; and
26 (b) Title 63, Chapter 2, Government Records Access and Management Act.
27 Section 10. Section 17-27-207 is enacted to read:
28 17-27-207. Use of state data by planning commission.
29 (1) A planning commission may obtain access to and use any data and information held
30 by the state or any of its agencies:
31 (a) that is classified "public"; and

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1 (b) that is classified "protected" if the planning commission's use of the data is lawfully
2 authorized or if the data will be used for a purpose similar to the purpose for which it was gathered.
3 (2) Each state official, department, and agency shall:
4 (a) make any data and information requested by a planning commission available if
5 authorized under the requirements of this section; and
6 (b) furnish to each planning commission any other technical assistance and advice
7 available to the state official, department, or agency without additional cost to the county.
8 Section 11. Section 17-27-208 is enacted to read:
9 17-27-208. Powers and duties of planning commission.
10 Each planning commission, whether countywide, district, or township, shall, with respect
11 to the county, district, or township, as the case may be:
12 (1) prepare and recommend a general plan and amendments to the general plan to the
13 county legislative body as provided in this chapter;
14 (2) recommend zoning ordinances and maps, and amendments to zoning ordinances and
15 maps, to the county legislative body as provided in this chapter;
16 (3) administer provisions of the zoning ordinance, where specifically provided for in the
17 zoning ordinance adopted by the county legislative body;
18 (4) recommend subdivision regulations and amendments to those regulations to the county
19 legislative body as provided in this chapter;
20 (5) recommend approval or denial of subdivision applications as provided in this chapter;
21 (6) advise the county legislative body on matters as the county legislative body directs;
22 (7) hear or decide any matters that the county legislative body designates, including the
23 approval or denial of, or recommendations to approve or deny, conditional use permits;
24 (8) exercise any other powers delegated to it by the county legislative body; and
25 (9) exercise any other powers that are necessary to enable it to perform its functions.
26 Section 12. Section 17-27-209 is enacted to read:
27 17-27-209. Entrance upon land.
28 A planning commission or its authorized agents may enter upon any land at reasonable
29 times to make examinations and surveys.
30 Section 13. Section 17-27-210 is enacted to read:
31 17-27-210. Dissolution of planning districts and townships.

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1 (1) (a) A county legislative body may dissolve planning districts created under Section
2 17-27-202 only by following the procedures and requirements of this Subsection (1).
3 (b) (i) A petition to dissolve all planning districts and district planning commissions may
4 be filed with the county clerk if it contains the signatures of the owners of 20% of the private real
5 property in that part of the county not within a municipality or township, with the name and
6 address of one of the signers designated as the contact petitioner.
7 (ii) A petition to dissolve a single planning district and that district's planning commission
8 may be filed with the county clerk if it contains the signatures of the owners of 20% of the private
9 real property in that planning district, with the name and address of one of the signers designated
10 as the contact petitioner.
11 (c) (i) Upon receipt of a petition under Subsection (1)(b), the county clerk, with the
12 assistance of the county attorney and the county assessor, shall determine whether the requirements
13 of that subsection are met and shall further determine whether the requirements of Subsection
14 (1)(e) are met.
15 (ii) If the requirements of Subsection (1)(b) are:
16 (A) met, the county clerk shall certify the petition and deliver it to the county legislative
17 body at its next regular meeting; or
18 (B) not met, the county clerk shall return the petition to the contact petitioner.
19 (iii) If the requirements of Subsection (1)(e)(i) are also met, the county clerk shall so
20 certify in writing to the county legislative body when the clerk delivers the petition to the county
21 legislative body.
22 (d) Upon receipt of a certified petition under Subsection (1)(c)(ii)(A) and except as
23 provided in Subsection (1)(e), the county legislative body shall:
24 (i) schedule and hold a public hearing to discuss the petition which, in the case of a
25 petition to dissolve a single planning district, shall be held within the planning district;
26 (ii) at least one week before the public hearing, publish notice of the petition and the time,
27 date, and place of the public hearing at least once in a newspaper of general circulation in the
28 county or planning district, as the case may be;
29 (iii) at the public hearing, consider oral and written testimony from the public on the
30 question presented by the petition; and
31 (iv) at the next regular meeting of the county legislative body after the public hearing, vote

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1 on the question presented by the petition.
2 (e) (i) Subsection (1)(d) does not apply to a petition under Subsection (1)(b) if the petition
3 contains the signatures of the owners of 40% of private real property in that part of the county not
4 within a municipality or township or in the planning district, as the case may be.
5 (ii) Upon receipt of a petition certified under Subsection (1)(c)(iii), the county legislative
6 body shall, as the case may be:
7 (A) dissolve all planning districts and district planning commissions, dismiss the members
8 of the district planning commissions, and appoint a countywide planning commission; or
9 (B) dissolve the single planning district and that district's planning commission and
10 dismiss the members of the district planning commission.
11 (2) (a) A county legislative body may dissolve a township created under Section
12 17-27-203 only by following the procedures and fulfilling the requirements of this Subsection (2).
13 (b) A petition to dissolve a township:
14 (i) may be filed with the clerk of the county in which the township is located;
15 (ii) may not be filed within one year after the creation of the township; and
16 (iii) shall bear the signatures of:
17 (A) registered voters who are residents within the township equal in number to 25% of all
18 votes cast from the area within the township at the last congressional election, or 1,000, whichever
19 is less, except that there must be at least ten signatures from each of at least 50% of the voting
20 precincts within the area; and
21 (B) (I) in a county of the first or second class, the owners of 25% of the total private land
22 area within the township; or
23 (II) in a county of the third, fourth, fifth, or sixth class, the owners of over 50% of the total
24 private land area within the township.
25 (c) Upon receipt of a petition under Subsection (2)(b), the county clerk, with the assistance
26 of the county attorney, shall determine whether the petition meets the requirements of Subsection
27 (2)(b) and whether it further meets the requirements of Subsection (2)(g)(i).
28 (d) (i) If the county clerk determines that the requirements of Subsection (2)(b) are met,
29 the clerk shall certify the petition and deliver it to the county legislative body at its next regular
30 meeting.
31 (ii) If the county clerk determines that the requirements of Subsection (2)(g)(i) are also

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1 met, the clerk shall so certify in writing to the county legislative body when the clerk delivers the
2 petition to the county legislative body.
3 (e) Within a reasonable time after receiving the certified petition from the county clerk
4 under Subsection (2)(d), the county legislative body shall conduct an election on whether the
5 township should be dissolved.
6 (f) If a majority of the registered voters within the township vote in favor of dissolution,
7 the county legislative body shall immediately:
8 (i) dissolve the township; and
9 (ii) dissolve the township planning commission and dismiss its members.
10 (g) (i) Subsections (2)(e) and (f) do not apply to a petition under Subsection (2)(b) if the
11 petition bears the signatures of:
12 (A) registered voters who are residents within the township in number equal to more than
13 50% of all votes cast from the area at the last congressional election; and
14 (B) the owners of over 67% of the total private land area within the township.
15 (ii) Upon receipt of a petition certified under Subsection (2)(d)(ii) as meeting the
16 requirements of Subsection (g)(i), the county legislative body shall immediately:
17 (A) dissolve the township; and
18 (B) dissolve the township planning commission and dismiss its members.
19 Section 14. Repealer.
20 This act repeals:
21 Section 17-27-200.5, Planning districts.
22 Section 17-27a-101, Petition for township status.
23 Section 17-27a-102, Certification of petition to county legislative body.
24 Section 17-27a-103, Incorporation proceedings suspended -- Removal of area under
25 annexation or municipal incorporation petition from proposed township -- Exclusion of area
26 under annexation petition.
27 Section 17-27a-104, Election to determine township status.
28 Section 17-27a-105, Township planning and zoning board.


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Legislative Review Note
as of 11-4-96 8:14 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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