H.B. 2001

1

LOCAL GOVERNMENT LAW AMENDMENTS
2 1997 SECOND SPECIAL SESSION
3 STATE OF UTAH
4 Sponsor: Melvin R. Brown
5 AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; MODIFYING THE
6 PROCEDURE FOR INCORPORATING A CITY; MODIFYING THE FEASIBILITY STUDY
7 CRITERIA; MODIFYING THE PERCENTAGE OF PROPERTY OWNERS REQUIRED TO
8 PETITION FOR INCORPORATION; MODIFYING ANNEXATION PROCEDURES;
9 PROVIDING FOR THE TOWNSHIP PLANNING COMMISSION'S RECOMMENDATION
10 ON A PROPOSED INCORPORATION OR ANNEXATION OF AN AREA WITHIN THE
11 TOWNSHIP; PROVIDING DEFINITIONS; REINSTATING DISSOLVED TOWNSHIPS;
12 CONTINUING PREVIOUSLY ESTABLISHED PLANNING DISTRICTS AND TOWNSHIP
13 PLANNING DISTRICTS AS TOWNSHIPS; MODIFYING TOWNSHIP PLANNING
14 COMMISSION ELECTION AND APPOINTMENT PROCEDURES AND
15 RESPONSIBILITIES; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN
16 EFFECTIVE DATE.
17 This act affects sections of Utah Code Annotated 1953 as follows:
18 AMENDS:
19 10-2-101, as repealed and reenacted by Chapter 389, Laws of Utah 1997
20 10-2-103, as repealed and reenacted by Chapter 389, Laws of Utah 1997
21 10-2-105, as repealed and reenacted by Chapter 389, Laws of Utah 1997
22 10-2-106, as repealed and reenacted by Chapter 389, Laws of Utah 1997
23 10-2-107, as repealed and reenacted by Chapter 389, Laws of Utah 1997
24 10-2-109, as repealed and reenacted by Chapter 389, Laws of Utah 1997
25 10-2-110, as repealed and reenacted by Chapter 389, Laws of Utah 1997
26 10-2-403, as repealed and reenacted by Chapter 389, Laws of Utah 1997
27 10-2-404, as repealed and reenacted by Chapter 389, Laws of Utah 1997

1 10-2-405, as repealed and reenacted by Chapter 389, Laws of Utah 1997
2 10-2-407, as repealed and reenacted by Chapter 389, Laws of Utah 1997
3 17-27-200.5, as last amended by Chapter 389, Laws of Utah 1997
4 17-27-201, as last amended by Chapter 389, Laws of Utah 1997
5 17-27-204, as last amended by Chapter 389, Laws of Utah 1997
6 17-27-206, as enacted by Chapter 389, Laws of Utah 1997
7 Be it enacted by the Legislature of the state of Utah:
8 Section 1. Section 10-2-101 is amended to read:
9 10-2-101. Definitions.
10 (1) As used in this part:
11 (a) "Commission" means a boundary commission established under Section 10-2-409 for
12 the county in which the property that is proposed to be incorporated is located.
13 (b) "Feasibility consultant" means a person or firm with expertise in the processes and
14 economics of local government.
15 (c) "Private," with respect to real property, means not owned by the United States or any
16 agency of the federal government, the state, a county, a municipality, a school district, a special
17 district under Title 17A, Special Districts, or any other political subdivision or governmental entity
18 of the state.
19 (2) For purposes of this part:
20 (a) the owner of real property shall be the record title owner according to the records of
21 the county recorder on the date of the filing of the request or petition; and
22 (b) the value of private real property shall be determined according to the last assessment
23 roll for county taxes before the filing of the request or petition.
24 (3) For purposes of each provision of this part that requires the owners of private real
25 property covering a percentage or [majority] fraction of the total private land area within an area
26 to sign a request or petition:
27 (a) a parcel of real property may not be included in the calculation of the required
28 percentage or [majority] fraction unless the request or petition is signed by:
29 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority ownership
30 interest in that parcel; or
31 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number

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1 of owners of that parcel;
2 (b) the signature of a person signing a request or petition in a representative capacity on
3 behalf of an owner is invalid unless:
4 (i) the person's representative capacity and the name of the owner the person represents
5 are indicated on the request or petition with the person's signature; and
6 (ii) the person provides documentation accompanying the request or petition that
7 substantiates the person's representative capacity; and
8 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
9 request or petition on behalf of a deceased owner.
10 Section 2. Section 10-2-103 is amended to read:
11 10-2-103. Request for feasibility study -- Requirements -- Limitations.
12 (1) The process to incorporate a contiguous area of a county as a city is initiated by a
13 request for a feasibility study filed with the clerk of the county in which the area is located.
14 (2) Each request under Subsection (1) shall:
15 (a) be signed by the owners of private real property that:
16 (i) is located within the area proposed to be incorporated;
17 (ii) covers at least 10% of the total private land area within the area; and
18 (iii) is equal in value to at least 7% of the value of all private real property within the area;
19 (b) indicate the typed or printed name and current residence address of each owner signing
20 the request;
21 (c) describe the contiguous area proposed to be incorporated as a city;
22 (d) designate up to five signers of the request as sponsors, one of whom shall be
23 designated as the contact sponsor, with the mailing address and telephone number of each;
24 (e) be accompanied by and circulated with an accurate map or plat, prepared by a licensed
25 surveyor, showing the boundaries of the proposed city; and
26 (f) request the county legislative body to commission a study to determine the feasibility
27 of incorporating the area as a city.
28 (3) A request for a feasibility study under this section may not describe an area that
29 includes some or all of an area that is the subject of a completed feasibility study or supplemental
30 feasibility study whose results comply with Subsection 10-2-109(3) unless:
31 (a) the proposed incorporation that is the subject of the completed feasibility study or

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1 supplemental feasibility study has been defeated by the voters at an election under Section
2 10-2-111; or
3 (b) the time provided under Subsection 10-2-109(1) for filing an incorporation petition
4 based on the completed feasibility study or supplemental feasibility study has elapsed without the
5 filing of a petition.
6 (4) A request under this section may not describe an area that includes some or all of an
7 area proposed for annexation in an annexation petition under Section 10-2-403 that:
8 (a) was filed before the filing of the request; and
9 (b) is still pending on the date the request is filed.
10 (5) (a) At the time of filing the request for a feasibility study with the county clerk, the
11 sponsors of the request shall mail or deliver a copy of the request to the chair of the planning
12 commission of each township in which any part of the area proposed for incorporation is located.
13 (b) (i) Except as provided in Subsection (5)(b)(ii), the sponsors of each request for a
14 feasibility study filed under Subsection (1) before the effective date of this Subsection (5) shall,
15 within ten days of the effective date of this Subsection (5), deliver or mail a copy of the request
16 to the planning commission of each township in which any part of the area proposed for
17 incorporation is located.
18 (ii) Subsection (5)(b)(i) does not apply if the feasibility consultant has completed the
19 feasibility study before the effective date of this Subsection (5).
20 Section 3. Section 10-2-105 is amended to read:
21 10-2-105. Processing a request for feasibility study -- Certification or rejection by
22 county clerk -- Processing priority -- Limitations -- Township planning commission
23 recommendation.
24 (1) Within 45 days of the filing of a request under Section 10-2-103, the county clerk shall:
25 (a) with the assistance of other county officers from whom the clerk requests assistance,
26 determine whether the request complies with Section 10-2-103; and
27 (b) (i) if the clerk determines that the request complies with Section 10-2-103[,]:
28 (A) certify the request[,] and deliver the certified request to the county legislative body[,];
29 and [notify in writing the contact sponsor]
30 (B) mail or deliver written notification of the certification[; or] to:
31 (I) the contact sponsor; and

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1 (II) the chair of the planning commission of each township in which any part of the area
2 proposed for incorporation is located; or
3 (ii) if the clerk determines that the request fails to comply with any of those requirements,
4 reject the request and notify the contact sponsor in writing of the rejection and the reasons for the
5 rejection.
6 (2) The county clerk shall certify or reject requests under Subsection (1) in the order in
7 which they are filed.
8 (3) (a) (i) If the county clerk rejects a request under Subsection (1)(b)(ii), the request may
9 be [modified] amended to correct the deficiencies for which it was rejected and then refiled with
10 the county clerk.
11 (ii) A signature on a request under Section 10-2-103 may be used toward fulfilling the
12 signature requirement of Subsection 10-2-103(2)(a) for the request as modified under Subsection
13 (3)(a)(i).
14 (b) If a request is amended and refiled under Subsection (3)(a) after having been rejected
15 by the county clerk under Subsection (1)(b)(ii), it shall be considered as a newly filed request, and
16 its processing priority is determined by the date on which it is refiled.
17 (4) (a) A township planning commission may recommend to the legislative body of the
18 county in which the township is located that, for purposes of Subsection 10-2-106(4)(a)(xiii), the
19 county legislative body support or oppose a proposed incorporation under this part of an area
20 located within the township.
21 (b) (i) Except as provided in Subsection (4)(b)(ii), the township planning commission shall
22 communicate each recommendation under Subsection (4)(a) in writing to the county legislative
23 body within 60 days of the county clerk's certification under Subsection (1)(b)(i).
24 (ii) Notwithstanding Subsection (4)(b)(i), if the effective date of this Subsection (4) is after
25 the county clerk's certification under Subsection (1)(b)(i), the township planning commission shall
26 communicate its recommendation under Subsection (4)(a) in writing to the county legislative body
27 within 60 days of the county clerk's certification under Subsection (1)(b)(i) or 45 days of the
28 effective date of this Subsection (4), whichever is later, but no later than:
29 (A) 75 days after the county legislative body has engaged the feasibility consultant under
30 Subsection 10-2-106(1); or
31 (B) the completion of the feasibility study.

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1 (iii) At the time the recommendation under Subsection (4)(b)(i) is delivered to the county
2 legislative body, the township planning commission shall mail or deliver a copy of the
3 recommendation to the contact sponsor.
4 Section 4. Section 10-2-106 is amended to read:
5 10-2-106. Feasibility study -- Feasibility study consultant.
6 (1) Within 60 days of receipt of a certified request under Subsection 10-2-105(1)(b)(i), the
7 county legislative body shall engage the feasibility consultant chosen under Subsection (2) to
8 conduct a feasibility study.
9 (2) The feasibility consultant shall be chosen by a majority vote of a selection committee
10 consisting of:
11 (a) a person designated by the county legislative body;
12 (b) a person designated by the sponsors of the request for a feasibility study; and
13 (c) a person designated by the governor.
14 (3) The county legislative body shall require the feasibility consultant to:
15 (a) complete the feasibility study and submit the written results to the county legislative
16 body and the contact sponsor no later than 90 days after the feasibility consultant is engaged to
17 conduct the study;
18 (b) submit with the full written results of the feasibility study a summary of the results no
19 longer than one page in length; and
20 (c) attend the public hearings under Subsection 10-2-108(1) and present the feasibility
21 study results and respond to questions from the public at those hearings.
22 (4) (a) The feasibility study shall consider:
23 (i) the population and population density within the area proposed for incorporation and
24 the surrounding area;
25 (ii) the history, geography, geology, and topography of and natural boundaries within the
26 area proposed to be incorporated and the surrounding area;
27 (iii) whether the proposed boundaries eliminate or create an unincorporated island or
28 peninsula;
29 (iv) whether the proposed incorporation will hinder or prevent a future and more logical
30 and beneficial incorporation or a future logical and beneficial annexation;
31 (v) the fiscal impact on unincorporated areas, other municipalities, special districts, and

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1 other governmental entities in the county;
2 (vi) current and five-year projections of demographics and economic base in the proposed
3 city and surrounding area, including household size and income, commercial and industrial
4 development, and public facilities;
5 (vii) projected growth in the proposed city and in adjacent areas during the next five years;
6 (viii) the present and five-year projections of the cost, including overhead, of
7 governmental services in the proposed city;
8 (ix) the present and five-year projected revenue for the proposed city;
9 (x) the projected impact the incorporation will have over the following five years on the
10 amount of taxes that property owners within the proposed city and in the remaining unincorporated
11 county will pay;
12 (xi) past expansion in terms of population and construction in the proposed city and the
13 surrounding area;
14 (xii) the extension of the boundaries of other nearby municipalities during the past ten
15 years, the willingness of those municipalities to annex the area proposed for incorporation, and the
16 probability that those municipalities would annex territory within the area proposed for
17 incorporation within the next five years except for the incorporation; and
18 (xiii) whether the legislative body of the county in which the area proposed to be
19 incorporated favors the incorporation proposal.
20 (b) For purposes of Subsection (4)(a)(ix), the feasibility consultant shall assume ad
21 valorem property tax rates on residential property within the proposed city at the same level at
22 which they would have been without the incorporation.
23 (c) For purposes of Subsection (4)(a)(viii), the feasibility consultant shall assume [that
24 the]:
25 (i) a level and quality of governmental services [that will] to be provided to the proposed
26 city in the future [is essentially comparable to] that fairly and reasonably approximate the level and
27 quality of governmental services being provided to the proposed city at the time of the feasibility
28 study[.]; and
29 (ii) that the proposed city will itself provide all governmental services.
30 (5) If the results of the feasibility study do not meet the requirements of Subsection
31 10-2-109(3), the feasibility consultant shall, as part of the feasibility study and if requested by the

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1 sponsors of the request, make recommendations as to how the boundaries of the proposed city may
2 be altered so that the requirements of Subsection 10-2-109(3) may be met.
3 Section 5. Section 10-2-107 is amended to read:
4 10-2-107. Modified request for feasibility study -- Supplemental feasibility study.
5 (1) (a) If the results of the feasibility study do not meet the requirements of Subsection
6 10-2-109(3), the sponsors of the request may, within 90 days of the feasibility consultant's
7 submission of the results of the study, [file with the county clerk a modified request altering]
8 modify the request to alter the boundaries of the proposed city and then refile the request, as
9 modified, with the county clerk.
10 (b) (i) [Each] Subject to Subsection (1)(b)(ii), each modified request under Subsection
11 (1)(a) shall comply with the requirements of Subsections 10-2-103(2), (3), [and] (4), and (5)(a).
12 (ii) Notwithstanding Subsection (1)(b)(i), a signature on a request filed under Section
13 10-2-103 may be used toward fulfilling the signature requirement of Subsection 10-2-103(2)(a)
14 for the request as modified under Subsection (1)(a), unless the modified request proposes the
15 incorporation of an area that is more than 20% greater or smaller than the area described by the
16 original request in terms of:
17 (A) private land area; or
18 (B) value of private real property.
19 (2) Within 20 days of the county clerk's receipt of the modified request, the county clerk
20 shall follow the same procedure for the modified request as provided under Subsection
21 10-2-105(1) for an original request.
22 (3) The timely filing of a modified request under Subsection (1) gives the modified request
23 the same processing priority under Subsection 10-2-105(2) as the original request.
24 (4) Within ten days of the county legislative body's receipt of a certified modified request,
25 the county legislative body shall commission the feasibility consultant who conducted the
26 feasibility study to supplement the feasibility study to take into account the information in the
27 modified request that was not included in the original request.
28 (5) The county legislative body shall require the feasibility consultant to complete the
29 supplemental feasibility study and to submit written results of the supplemental study to the county
30 legislative body and to the contact sponsor no later than 30 days after the feasibility consultant is
31 commissioned to conduct the supplemental feasibility study.

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1 (6) (a) Subject to Subsection (6)(b), if the results of the supplemental feasibility study do
2 not meet the requirements of Subsection 10-2-109(3):
3 (i) the sponsors may file a further modified request as provided in Subsection (1); and
4 (ii) Subsections (2), (4), and (5) apply to a further modified request under Subsection
5 (6)(a)(i).
6 (b) A further modified request under Subsection (6)(a) shall, for purposes of its processing
7 priority, be considered as an original request for a feasibility study under Section 10-2-103.
8 Section 6. Section 10-2-109 is amended to read:
9 10-2-109. Incorporation petition -- Requirements and form.
10 (1) At any time within 18 months of the completion of the public hearings required under
11 Subsection 10-2-108(1), a petition for incorporation of the area proposed to be incorporated as a
12 city may be filed in the office of the clerk of the county in which the area is located.
13 (2) Each petition under Subsection (1) shall:
14 (a) be signed by the owners of private real property that:
15 (i) is located within the area proposed to be incorporated;
16 (ii) covers [a majority] at least 1/3 of the total private land area within the area; and
17 (iii) is equal in value to at least 1/3 of the value of all private real property within the area;
18 (b) indicate the typed or printed name and current residence address of each owner signing
19 the petition;
20 (c) describe the area proposed to be incorporated as a city, as described in the feasibility
21 study request or modified request that meets the requirements of Subsection (3);
22 (d) state the proposed name for the proposed city;
23 (e) designate five signers of the petition as petition sponsors, one of whom shall be
24 designated as the contact sponsor, with the mailing address and telephone number of each;
25 (f) state that the signers of the petition appoint the sponsors, if the incorporation measure
26 passes, to represent the signers in the process of:
27 (i) selecting the number of commission or council members the new city should have; and
28 (ii) drawing district boundaries for the election of commission or council members, if the
29 voters decide to elect commission or council members by district;
30 (g) be accompanied by and circulated with an accurate plat or map, prepared by a licensed
31 surveyor, showing the boundaries of the proposed city; and

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1 (h) substantially comply with and be circulated in the following form:
2 PETITION FOR INCORPORATION OF (insert the proposed name of the proposed city)
3 To the Honorable County Legislative Body of (insert the name of the county in which the
4 proposed city is located) County, Utah:
5 We, the undersigned owners of real property within the area described in this petition,
6 respectfully petition the county legislative body to submit to the registered voters residing within
7 the area described in this petition, at a special election held for that purpose, the question of
8 whether the area should incorporate as a city. Each of the undersigned affirms that each has
9 personally signed this petition and is an owner of real property within the described area, and that
10 the current residence address of each is correctly written after the signer's name. The area
11 proposed to be incorporated as a city is described as follows: (insert an accurate description of the
12 area proposed to be incorporated).
13 (3) A petition for incorporation under Subsection (1) may not be filed unless the results
14 of the feasibility study or supplemental feasibility study show that the average annual amount
15 under Subsection 10-2-106(4)(a)(ix) does not exceed the average annual amount under Subsection
16 10-2-106(4)(a)(viii) by more than 5%.
17 (4) A signature on a request under Section 10-2-103 or a modified request under Section
18 10-2-107 may be used toward fulfilling the signature requirement of Subsection (2)(a):
19 (a) if the request under Section 10-2-103 or modified request under Section 10-2-107
20 notified the signer in conspicuous language that the signature, unless withdrawn, would also be
21 used for purposes of a petition for incorporation under this section; and
22 (b) unless the signer files with the county clerk a written withdrawal of the signature
23 before the petition under this section is filed with the clerk.
24 Section 7. Section 10-2-110 is amended to read:
25 10-2-110. Processing of petition by county clerk -- Certification or rejection --
26 Processing priority.
27 (1) Within 45 days of the filing of a petition under Section 10-2-109, the county clerk
28 shall:
29 (a) with the assistance of other county officers from whom the clerk requests assistance,
30 determine whether the petition meets the requirements of Section 10-2-109; and
31 (b) (i) if the clerk determines that the petition meets those requirements, certify the

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1 petition, deliver it to the county legislative body, and notify in writing the contact sponsor of the
2 certification; or
3 (ii) if the clerk determines that the petition fails to meet any of those requirements, reject
4 the petition and notify the contact sponsor in writing of the rejection and the reasons for the
5 rejection.
6 (2) (a) If the county clerk rejects a petition under Subsection (1)(b)(ii), the petition may
7 be modified to correct the deficiencies for which it was rejected and then refiled with the county
8 clerk.
9 (b) A modified petition under Subsection (2)(a) may be filed at any time until 30 days after
10 the county clerk notifies the contact sponsor under Subsection (1)(b)(ii), even though the modified
11 petition is filed after the expiration of the deadline provided in Subsection 10-2-109(1).
12 (c) A signature on an incorporation petition under Section 10-2-109 may be used toward
13 fulfilling the signature requirement of Subsection 10-2-109(2)(a) for the petition as modified under
14 Subsection (2)(a).
15 (3) (a) Within 20 days of the county clerk's receipt of a modified petition under Subsection
16 (2)(a), the county clerk shall follow the same procedure for the modified petition as provided under
17 Subsection (1) for an original petition.
18 (b) If a county clerk rejects a modified petition under Subsection (1)(b)(ii), no further
19 modification of that petition may be filed.
20 Section 8. Section 10-2-403 is amended to read:
21 10-2-403. Annexation petition -- Requirements.
22 (1) Except as provided in Section 10-2-418, the process to annex an unincorporated area
23 to a municipality is initiated by a petition as provided in this section.
24 (2) Each petition under Subsection (1) shall:
25 (a) be filed with the city recorder or town clerk, as the case may be, of the proposed
26 annexing municipality;
27 (b) contain the signatures of the owners of private real property that:
28 (i) is located within the area proposed for annexation;
29 (ii) covers a majority of the private land area within the area proposed for annexation; and
30 (iii) is equal in value to at least 1/3 of the value of all private real property within the area
31 proposed for annexation;

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1 (c) be accompanied by an accurate plat or map, prepared by a licensed surveyor, of the
2 area proposed for annexation; and
3 (d) designate up to five of the signers of the petition as sponsors, one of whom shall be
4 designated as the contact sponsor, and indicate the mailing address of each sponsor.
5 (3) A petition under Subsection (1) may not propose the annexation of all or part of an area
6 proposed for annexation to a municipality in a previously filed petition that has not been denied,
7 rejected, or granted.
8 (4) A petition under Subsection (1) may not propose the annexation of an area that
9 includes some or all of an area proposed to be incorporated in a request for a feasibility study
10 under Section 10-2-103 or a petition under Section 10-2-125 if:
11 (a) the request or petition was filed before the filing of the annexation petition; and
12 (b) the request, a petition under Section 10-2-109 based on that request, or a petition under
13 Section 10-2-125 is still pending on the date the annexation petition is filed.
14 (5) If practicable and feasible, the boundaries of an area proposed for annexation shall be
15 drawn along the boundaries of existing special districts for sewer, water, and other services, along
16 the boundaries of school districts whose boundaries follow city boundaries or school districts
17 adjacent to school districts whose boundaries follow city boundaries, and along the boundaries of
18 other taxing entities:
19 (a) to eliminate islands and peninsulas of territory that is not receiving municipal-type
20 services;
21 (b) to facilitate the consolidation of overlapping functions of local government;
22 (c) to promote the efficient delivery of services; and
23 (d) to encourage the equitable distribution of community resources and obligations.
24 (6) On the date of filing, the petition sponsors shall deliver or mail a copy of the petition
25 to:
26 (a) the clerk of the county in which the area proposed for annexation is located; and
27 (b) the chair of the planning commission of each township in which any part of the area
28 proposed for annexation is located.
29 Section 9. Section 10-2-404 is amended to read:
30 10-2-404. Certain annexation petitions invalid -- Certain petitions considered filed
31 on May 5, 1997 -- Signatures on invalid petitions -- Special requirements for certain

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1 petitions.
2 (1) Except as provided in Subsection (3), [each] an annexation petition filed before and
3 still pending on May 5, 1997, that fails to comply with the requirements of Subsections
4 10-2-403(2), (3), and (4) is invalid.
5 (2) [An] Each annexation petition filed before and still pending on May 5, 1997, that
6 complies with the requirements of Subsections 10-2-403(2), (3), and (4) shall:
7 (a) except as provided in Subsection (2)(b), be considered to have been filed on May 5,
8 1997, and shall be processed according to the provisions of this part; and
9 (b) notwithstanding Subsection (2)(a), be given processing priority according to its actual
10 filing date.
11 (3) Notwithstanding Subsection (1), the signatures on an annexation petition that is invalid
12 because of Subsection (1) may be used toward fulfilling the signature requirement of Subsection
13 10-2-403(2)(b).
14 (4) (a) Except as provided in Subsection (4)(c), the sponsors of each annexation petition
15 filed under Section 10-2-403 on or after May 5, 1997, and before the effective date of this
16 Subsection (4), or considered filed on May 5, 1997, under Subsection (2)(a), shall, within ten days
17 of the effective date of this Subsection (4), deliver or mail a copy of the annexation petition to the
18 planning commission of each township in which any part of the area proposed for annexation is
19 located.
20 (b) Except as provided in Subsection (4)(c), if an annexation petition described in
21 Subsection (4)(a) is accepted by a municipal legislative body under Subsection 10-2-405(1)(a)(ii),
22 the municipal legislative body may not grant the petition for annexation until after expiration of
23 the deadline for filing a protest under Subsection 10-2-407(2)(a)(i)(A), (2)(e), or (2)(f).
24 (c) Subsections (4)(a) and (b) do not apply if the time for filing a protest under Subsection
25 10-2-407(2)(a)(i)(A) or (2)(e), excluding an extension under Subsection 10-2-407(2)(f), expires
26 before the effective date of this Subsection (4).
27 Section 10. Section 10-2-405 is amended to read:
28 10-2-405. Acceptance or rejection of an annexation petition -- Modified petition --
29 Township planning commission recommendation.
30 (1) (a) A municipal legislative body may:
31 (i) deny a petition filed under Section 10-2-403; or

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

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1 (4) Each county clerk, surveyor, and recorder shall cooperate with and assist a city
2 recorder or town clerk in the determination under Subsection (2)(a).
3 Section 11. Section 10-2-407 is amended to read:
4 10-2-407. Protest to annexation petition -- Requirements -- Disposition if no protest.
5 (1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:
6 [(a)] (i) the legislative body of the county in which the area proposed for annexation is
7 located;
8 [(b)] (ii) the board of a special district whose boundaries include part or all of the area
9 proposed for annexation;
10 [(c)] (iii) the legislative body of a municipality whose boundaries are within 1/2 mile of
11 the area proposed for annexation; or
12 [(d)] (iv) the owners of private real property that:
13 [(i)] (A) is located in the unincorporated area within 1/2 mile of the area proposed for
14 annexation;
15 [(ii)] (B) covers at least 25% of the private land area located in the unincorporated area
16 within 1/2 mile of the area proposed for annexation; and
17 [(iii)] (C) is equal in value to at least 15% of all real property located in the unincorporated
18 area within 1/2 mile of the area proposed for annexation.
19 (b) (i) (A) Except as provided in Subsection (1)(b)(i)(B), a township planning commission
20 may recommend to the legislative body of the county in which the township is located that the
21 county legislative body file a protest against a proposed annexation under this part of an area
22 located within the township.
23 (B) Subsection (1)(b)(i)(A) does not apply if the time for filing a protest under Subsection
24 10-2-407(2)(a)(i)(A) or (2)(e) expires before the effective date of this Subsection (1)(b).
25 (ii) (A) Except as provided in Subsection (1)(b)(ii)(B), the township planning commission
26 shall communicate each recommendation under Subsection (2)(b)(i) in writing to the county
27 legislative body within 30 days of the city recorder or town clerk's certification of the annexation
28 petition under Subsection 10-2-405(2)(b)(i).
29 (B) Notwithstanding Subsection (1)(b)(ii)(A), if the city recorder or town clerk's
30 certification under Subsection 10-2-405(2)(b)(i) occurs before the effective date of this Subsection
31 (1)(b), the township planning commission shall communicate its recommendation under

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1 Subsection (2)(b)(i) in writing to the county legislative body within 30 days of the effective date
2 of this Subsection (1)(b) but no later than the deadline for filing a protest under Subsection
3 (2)(a)(i)(A) or (2)(e), excluding an extension under Subsection (2)(f).
4 (C) At the time the recommendation is communicated to the county legislative body under
5 Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy of the
6 recommendation to the legislative body of the proposed annexing municipality and to the contact
7 sponsor.
8 (2) (a) Each protest under Subsection (1)(a) shall:
9 (i) be filed:
10 (A) except as provided in [Subsection] Subsections (2)(e) and (f), no later than 60 days
11 after the municipal legislative body's receipt of the notice of certification under Subsection
12 10-2-405(2)(b)(i); and
13 (B) (I) in a county that has already created a commission under Section 10-2-409, with the
14 commission; or
15 (II) in a county that has not yet created a commission under Section 10-2-409, with the
16 clerk of the county in which the area proposed for annexation is located; and
17 (ii) state each reason for the protest of the annexation petition.
18 (b) The party filing a protest under this section shall on the same date deliver or mail a
19 copy of the protest to the city recorder or town clerk of the proposed annexing municipality.
20 (c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall immediately
21 notify the county legislative body of the protest and shall deliver the protest to the boundary
22 commission within five days of its creation under Subsection 10-2-409(1)(b).
23 (d) Each protest under Subsection (1)[(d)](a)(iv) shall, in addition to the requirements of
24 Subsections (2)(a) and (b):
25 (i) indicate the typed or printed name and current residence address of each owner signing
26 the protest; and
27 (ii) designate one of the signers of the protest as the contact person and state the mailing
28 address of the contact person.
29 (e) Notwithstanding Subsection (2)(a)(i)(A) and except as provided in Subsection (2)(f),
30 each protest under Subsection (1) shall be filed no later than [30] 40 days after the municipal
31 legislative body's receipt of the notice of certification under Subsection 10-2-405(2)(b)(i) if the

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1 annexation petition proposes the annexation of an area that:
2 (i) is undeveloped; and
3 (ii) covers an area that is equivalent to less than 5% of the total land mass of all private real
4 property within the municipality.
5 (f) The deadline under Subsection (2)(a)(i)(A) or (2)(e) for the county legislative body to
6 file a protest is extended by ten days if:
7 (i) the city recorder or town clerk's certification of the annexation petition under
8 Subsection 10-2- 405(2)(b)(i) occurs before the effective date of this Subsection (2)(f); and
9 (ii) the time for filing a protest under Subsection (2)(a)(i)(A) or (2)(e) has not expired as
10 of the effective date of this Subsection (2)(f).
11 (3) (a) (i) If a protest is filed under this section:
12 (A) the municipal legislative body may, at its next regular meeting after expiration of the
13 deadline under Subsection (2)(a)(i)(A) or (e), deny the annexation petition; or
14 (B) if the municipal legislative body does not deny the annexation petition under
15 Subsection (3)(a)(i)(A), the municipal legislative body may take no further action on the
16 annexation petition until after receipt of the commission's notice of its decision on the protest
17 under Section 10-2-416.
18 (ii) If a municipal legislative body denies an annexation petition under Subsection
19 (3)(a)(i)(A), the municipal legislative body shall, within five days of the denial, send notice of the
20 denial in writing to:
21 (A) the contact sponsor of the annexation petition;
22 (B) the commission;
23 (C) each entity that filed a protest; and
24 (D) if a protest was filed under Subsection (1)(d), the contact person.
25 (b) (i) If no timely protest is filed under this section, the municipal legislative body may,
26 subject to Subsection (3)(b)(ii), grant the petition and, by ordinance, annex the area that is the
27 subject of the annexation petition.
28 (ii) Before granting an annexation petition under Subsection (3)(b)(i), the municipal
29 legislative body shall:
30 (A) hold a public hearing; and
31 (B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):

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1 (I) publish notice of the hearing in a newspaper of general circulation within the
2 municipality and the area proposed for annexation; or
3 (II) if there is no newspaper of general circulation in those areas, post written notices of
4 the hearing in conspicuous places within those areas that are most likely to give notice to residents
5 within those areas.
6 Section 12. Section 17-27-200.5 is amended to read:
7 17-27-200.5. Townships.
8 (1) As used in this part:
9 (a) "Township" means a contiguous, geographically defined portion of the unincorporated
10 area of a county, established under this part or reconstituted or reinstated under Subsection
11 17-27-200.5(2)(e) of this part, with planning and zoning functions as exercised through the
12 township planning commission, as provided in this part, but with no legal or political identity
13 separate from the county and no taxing authority, except that "township" means a former township
14 under Chapter 308, Laws of Utah 1996 where the context so indicates.
15 (b) "Unincorporated" means not within a municipality.
16 [(1)] (2) (a) [A] (i) Subject to Subsection (2)(a)(ii), a county legislative body may enact
17 an ordinance establishing a township [planning district] within the unincorporated county or
18 dividing the unincorporated county into [township planning districts] townships.
19 (ii) Before enacting an ordinance under Subsection (2)(a)(i), the county legislative body
20 shall, after providing reasonable advance notice, hold a public hearing on the proposal to establish
21 a township or to divide the unincorporated county into townships.
22 (b) If 25% of the private real property owners in a contiguous area of the unincorporated
23 county petition the county legislative body to establish a township [planning district] for that area
24 [and to appoint members of a township planning district planning commission], the county
25 legislative body shall:
26 (i) hold a public hearing to discuss the petition;
27 (ii) at least one week before the public hearing, publish notice of the petition and the time,
28 date, and place of the public hearing at least once in a newspaper of general circulation in the
29 county; and
30 (iii) at the public hearing, consider oral and written testimony from the public and vote on
31 the question of whether or not to establish a township [planning district].

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1 (c) If the county legislative body establishes a township [planning district] pursuant to a
2 petition, the [county legislative body shall appoint] members of the township [planning district]
3 planning commission shall be appointed as provided in Subsection 17-27-201(3)(b) to perform the
4 duties established in this part for the township [planning district].
5 (d) Except as provided in Subsection [(1)] (2)(e), each township [planning district] shall
6 contain:
7 (i) in a county of the first, second, or third class:
8 (A) at least 20% but not more than 80% of:
9 [(A)] (I) the total private land area in the unincorporated county; or
10 [(B)] (II) the total value of locally assessed taxable property in the unincorporated county;
11 or
12 [(ii)] (B) at least 5% of the total population of the unincorporated county[.]; or
13 (ii) in a county of the fourth, fifth, or sixth class:
14 (A) at least 20% but not more than 80% of:
15 (I) the total private land area in the unincorporated county; or
16 (II) the total value of locally assessed taxable property in the unincorporated county; and
17 (B) at least 25% of the total population of the unincorporated county.
18 [(e) (i) A township created under Chapter 308, Laws of Utah 1996, before February 28,
19 1997, is reconstituted as a township planning district under this section with the same boundaries
20 and the same name as the former township if the former township:]
21 [(A) meets the requirements of Subsection (1)(d); or]
22 [(B) has at least 400 registered voters residing within the boundaries of the former
23 township.]
24 [(ii) Notwithstanding Subsection (1)(e)(i), a county legislative body may enact an
25 ordinance establishing a township planning district with the same boundaries and the same name
26 as a township that was formed before February 28, 1997, under Chapter 308, Laws of Utah 1996,
27 even though the township does not qualify under Subsection (1)(e)(i) to be reconstituted as a
28 township planning district.]
29 (e) (i) (A) A township that was dissolved under Chapter 389, Laws of Utah 1997, is
30 reinstated as a township under this part with the same boundaries and name as before the
31 dissolution, if the former township consisted of a single, contiguous land area.

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1 (B) Notwithstanding Subsection (2)(e)(i)(A), a county legislative body may enact an
2 ordinance establishing as a township under this part a former township that was dissolved under
3 Chapter 389, Laws of Utah 1997, even though the former township does not qualify to be
4 reinstated under Subsection (2)(e)(i)(A).
5 (C) A township reinstated under Subsection (2)(e)(i)(A) or established under Subsection
6 (2)(e)(i)(B) shall be subject to the provisions of this part.
7 (ii) Each planning district established under Chapter 225, Laws of Utah 1995, and each
8 township planning district established under Chapter 389, Laws of Utah 1997, shall continue in
9 existence as a township, subject to the provisions of this part.
10 (f) (i) After May 1, 2002, the legislative body of each county in which a township
11 [planning district established] that has been reconstituted under Chapter 389, Laws of Utah 1997,
12 or reinstated under Subsection [(1)] (2)(e)(i) is located shall review the township [planning district]
13 and determine whether its continued existence is advisable.
14 (ii) In conducting the review required under Subsection [(1)] (2)(f)(i), the county
15 legislative body shall hold a public hearing with reasonable, advance, published notice of the
16 hearing and the purpose of the hearing.
17 (iii) Each township [planning district established] that has been reconstituted under
18 Chapter 389, Laws of Utah 1997, or reinstated or established under Subsection [(1)] (2)(e)(i) and
19 its planning commission shall continue in effect, unless, within 90 days after conducting the
20 review and public hearing required under Subsections [(1)] (2)(f)(i) and (ii), the county legislative
21 body by ordinance dissolves the township and its planning [district] commission.
22 (g) A township [planning district] established under this section on or after May 5, 1997,
23 may use the word "township" in its name.
24 [(2)] (3) (a) If the county legislative body establishes a township [planning districts]
25 without having received a petition, the county legislative body may:
26 (i) [designate one] assign to the countywide planning commission [to perform] the duties
27 established in this part [for each township planning district and for the county as a whole] that
28 would have been assumed by a township planning commission designated under Subsection
29 (3)(a)(ii); or
30 (ii) designate a planning commission for [each] the township [planning district].
31 (b) (i) If the county legislative body fails to designate a planning commission for [each]

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1 a township [planning district], 40% of the private real property owners in the area proposed to be
2 included in the township [planning district], as shown by the last county assessment roll, may
3 petition the county legislative body to designate and appoint a planning commission for the
4 township [planning district].
5 (ii) If the county legislative body determines that the petition is validly signed by 40% of
6 the private real property owners in the township [planning district], as shown by the last county
7 assessment roll, it shall designate and appoint a planning commission for the township [planning
8 district].
9 [(3)] (4) (a) Except as provided in Subsection [(1)] (2)(f)(iii), a county legislative body may
10 dissolve [district] township planning commissions created under the authority of this section only
11 by following the procedures and requirements of this Subsection [(3)] (4).
12 (b) If 20% of the private real property owners in the county petition the county legislative
13 body to dissolve township [planning district] planning commissions and to appoint a countywide
14 planning commission, the county legislative body shall:
15 (i) hold a public hearing to discuss the petition;
16 (ii) at least one week before the public hearing, publish notice of the petition and the time,
17 date, and place of the public hearing at least once in a newspaper of general circulation in the
18 county; and
19 (iii) at the public hearing, consider oral and written testimony from the public and vote on
20 the question of whether or not to dissolve township [planning district] planning commissions and
21 to appoint a countywide planning commission.
22 (c) (i) If the county legislative body fails to dissolve township [planning district] planning
23 commissions and to appoint a countywide planning commission when petitioned to do so by
24 private real property owners under this subsection, 40% of private real property owners in the
25 county, as shown by the last county assessment roll, may petition the county legislative body to
26 dissolve the township [planning district] planning commissions and to appoint a countywide
27 planning commission.
28 (ii) If the county legislative body determines that the petition is validly signed by 40% of
29 private real property owners in the township [planning district], as shown by the last county
30 assessment roll, it shall dissolve the township [planning district] planning commissions and
31 appoint a countywide planning commission.

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1 Section 13. Section 17-27-201 is amended to read:
2 17-27-201. Establishment of commission -- Appointment or election, term, vacancy,
3 and compensation.
4 (1) (a) [Each] Except as provided in Subsection (1)(b), each county [may] shall enact an
5 ordinance establishing[:(a) one] a countywide planning commission[; or (b) one planning
6 commission for each township planning district] for the unincorporated areas of the county not
7 within a township.
8 (b) Subsection (1)(a) does not apply if all of the county is included within any combination
9 of:
10 (i) municipalities; and
11 (ii) townships with their own planning commissions.
12 (2) [If the county establishes] The ordinance establishing a countywide planning
13 commission[, the ordinance] shall define:
14 (a) the number and terms of the members;
15 (b) the mode of appointment;
16 (c) the procedures for filling vacancies and removal from office; and
17 (d) other details relating to the organization and procedures of the planning commission.
18 (3) (a) If the county establishes township [planning district] planning commissions, the
19 county legislative body shall enact an ordinance defining appointment procedures, procedures for
20 filling vacancies and removing members from office, and other details relating to the organization
21 and procedures of each township planning commission.
22 (b) The planning commission for each township [planning district] shall consist of seven
23 members who, except as provided in Subsection (3)(e), shall be appointed by:
24 (i) in a county operating under a form of government in which the executive and legislative
25 functions of the governing body are separated, the county executive with the advice and consent
26 of the county legislative body[.]; or
27 (ii) in a county operating under a form of government in which the executive and
28 legislative functions of the governing body are not separated, the county legislative body.
29 (c) (i) Members shall serve [three-year] four-year terms and until their successors are
30 appointed or, as provided in Subsection (3)(e), elected and qualified.
31 (ii) Notwithstanding the provisions of Subsection (3)(c)(i) and except as provided in

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1 Subsection (3)(e), [the chief executive shall appoint] members of the first planning commissions
2 shall be appointed so that, for each commission, the terms of at least [two members] one member
3 and no more than [three] two members expire each year.
4 (d) (i) [Each] Except as provided in Subsection (3)(d)(ii), each member of a township
5 [planning district] planning commission shall [reside or be an owner of real property] be a
6 registered voter residing within the [district] township.
7 (ii) (A) Notwithstanding Subsection (3)(d)(i), one member of a planning commission of
8 a township reconstituted under Chapter 389, Laws of Utah 1997, or reinstated or established under
9 Subsection 17-27-200.5(2)(e)(i) may be an appointed member who is a registered voter residing
10 outside the township if that member:
11 (I) is an owner of real property located within the township; and
12 (II) resides within the county in which the township is located.
13 (B) (I) Each appointee under Subsection (3)(d)(ii)(A) shall be chosen by the township
14 planning commission from a list of three persons submitted by the county legislative body.
15 (II) If the township planning commission has not notified the county legislative body of
16 its choice under Subsection (3)(d)(ii)(B)(I) within 60 days of the township planning commission's
17 receipt of the list, the county legislative body may appoint one of the three persons on the list or
18 a registered voter residing within the township as a member of the township planning commission.
19 (e) (i) [Each county] The legislative body of each county in which a township reconstituted
20 under Chapter 389, Laws of Utah 1997, or reinstated or established under Subsection
21 17-27-200.5(2)(e)(i) is located shall enact an ordinance that provides for the election of at least
22 three members of [a] the planning commission of [a] that township [planning district established
23 under Subsection 17-27-200.5(1)(e)].
24 (ii) The election of planning commission members under Subsection (3)(e)(i) shall
25 coincide with the election of other county officers during even-numbered years. Approximately
26 half the elected planning commission members shall be elected every four years during elections
27 held on even-numbered years, and the remaining elected members shall be elected every four years
28 on alternating even-numbered years.
29 (f) (i) (A) The legislative body of each county in which a township reconstituted under
30 Chapter 389, Laws of Utah 1997, or reinstated or established under Subsection
31 17-27-200.5(2)(e)(i) is located shall enact an ordinance appointing each elected member of the

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

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1 and zoning board continue to hold office as members of the planning commission of the township
2 planning district under an ordinance enacted under Subsection (3)(f), the township planning
3 commission [of the township planning district] shall immediately begin to exercise the powers and
4 perform the duties provided in Section 17-27-204 with respect to all matters then pending that had
5 previously been under the jurisdiction of the township planning and zoning board.
6 (4) The legislative body may fix per diem compensation for the members of the planning
7 commission, based on necessary and reasonable expenses and on meetings actually attended.
8 Section 14. Section 17-27-204 is amended to read:
9 17-27-204. Powers and duties.
10 (1) Each countywide or township [planning district] planning commission shall, with
11 respect to the county or township [planning district], as the case may be:
12 [(1)] (a) 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)] (b) recommend zoning ordinances and maps, and amendments to zoning ordinances
15 and maps, to the county legislative body as provided in this chapter;
16 [(3)] (c) administer provisions of the zoning ordinance, if specifically provided for in the
17 zoning ordinance adopted by the county legislative body;
18 [(4)] (d) recommend subdivision regulations and amendments to those regulations to the
19 county legislative body as provided in this chapter;
20 [(5)] (e) recommend approval or denial of subdivision applications as provided in this
21 chapter;
22 [(6)] (f) advise the county legislative body on matters as the county legislative body
23 directs;
24 [(7)] (g) hear or decide any matters that the county legislative body designates, including
25 the approval or denial of, or recommendations to approve or deny, conditional use permits;
26 [(8)] (h) exercise any other powers delegated to it by the county legislative body; and
27 [(9)] (i) exercise any other powers that are necessary to enable it to perform its functions.
28 (2) The planning commission of a township under this part may recommend to the
29 legislative body of the county in which the township is located:
30 (a) that the county legislative body support or oppose a proposed incorporation of an area
31 located within the township, as provided in Subsection 10-2-105(4); or

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




Legislative Review Note
as of 7-16-97 1:48 AM

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

Office of Legislative Research and General Counsel

Committee Note

The Political Subdivisions Interim Committee recommended this bill.

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