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H.B. 169
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6 AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; REQUIRING THE
7 CONSENT OF THE OWNERS OF ALL PROPERTY WITHIN AN AGRICULTURE
8 PROTECTION AREA FOR AN ANNEXATION PETITION OF THAT AREA OR FOR
9 WITHDRAWAL OF THE AREA FROM THE AGRICULTURE PROTECTION AREA
10 AFTER ANNEXATION; AND MAKING TECHNICAL CORRECTIONS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 10-2-403, as last amended by Chapter 3, Laws of Utah 1997, Second Special Session
14 17-41-306, as last amended by Chapter 356, Laws of Utah 1998
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 10-2-403 is amended to read:
17 10-2-403. Annexation petition -- Requirements.
18 (1) Except as provided in Section 10-2-418 , the process to annex an unincorporated area
19 to a municipality is initiated by a petition as provided in this section.
20 (2) Each petition under Subsection (1) shall:
21 (a) be filed with the city recorder or town clerk, as the case may be, of the proposed
22 annexing municipality;
23 (b) contain the signatures of the owners of private real property that:
24 (i) is located within the area proposed for annexation;
25 (ii) (A) subject to Subsection (2)(b)(ii)(B), covers a majority of the private land area within
26 the area proposed for annexation; and
27 (B) covers 100% of the private land area within the area proposed for annexation, if the
28 area is within an agriculture protection area created under Title 17, Chapter 41, Agriculture
29 Protection Area; 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;
32 (c) be accompanied by an accurate plat or map, prepared by a licensed surveyor, of the area
33 proposed for annexation; and
34 (d) designate up to five of the signers of the petition as sponsors, one of whom shall be
35 designated as the contact sponsor, and indicate the mailing address of each sponsor.
36 (3) A petition under Subsection (1) may not propose the annexation of all or part of an area
37 proposed for annexation to a municipality in a previously filed petition that has not been denied,
38 rejected, or granted.
39 (4) A petition under Subsection (1) may not propose the annexation of an area that
40 includes some or all of an area proposed to be incorporated in a request for a feasibility study under
41 Section 10-2-103 or a petition under Section 10-2-125 if:
42 (a) the request or petition was filed before the filing of the annexation petition; and
43 (b) the request, a petition under Section 10-2-109 based on that request, or a petition under
44 Section 10-2-125 is still pending on the date the annexation petition is filed.
45 (5) If practicable and feasible, the boundaries of an area proposed for annexation shall be
46 drawn along the boundaries of existing special districts for sewer, water, and other services, along
47 the boundaries of school districts whose boundaries follow city boundaries or school districts
48 adjacent to school districts whose boundaries follow city boundaries, and along the boundaries of
49 other taxing entities:
50 (a) to eliminate islands and peninsulas of territory that is not receiving municipal-type
51 services;
52 (b) to facilitate the consolidation of overlapping functions of local government;
53 (c) to promote the efficient delivery of services; and
54 (d) to encourage the equitable distribution of community resources and obligations.
55 (6) On the date of filing, the petition sponsors shall deliver or mail a copy of the petition
56 to:
57 (a) the clerk of the county in which the area proposed for annexation is located; and
58 (b) the chair of the planning commission of each township in which any part of the area
59 proposed for annexation is located.
60 Section 2. Section 17-41-306 is amended to read:
61 17-41-306. Adding land to or removing land from an agriculture protection area.
62 (1) (a) Any owner may add land to an existing agriculture protection area by:
63 (i) filing a proposal with:
64 (A) the county legislative body, if the agriculture protection area and the land to be added
65 are within the unincorporated part of the county; or
66 (B) the municipal legislative body, if the agriculture protection area and the land to be
67 added are within a city or town; and
68 (ii) obtaining the approval of the applicable legislative body for the addition of the land
69 to the area.
70 (b) The applicable legislative body shall comply with the provisions for creating an
71 agriculture protection area in determining whether or not to accept the proposal.
72 (2) (a) Any owner may remove land from an agriculture protection area by filing a petition
73 for removal of the land from the agriculture protection area with the applicable legislative body.
74 (b) (i) The applicable legislative body shall:
75 (A) grant the petition for removal of land from an agriculture protection area even if
76 removal of the land would result in an agriculture protection area of less than the number of acres
77 established by the applicable legislative body as the minimum under Section 17-41-301 ; and
78 (B) in order to give constructive notice of the removal to all persons who have, may
79 acquire, or may seek to acquire an interest in land in or adjacent to the agriculture protection area
80 and the land removed from the agriculture protection area, file a legal description of the revised
81 boundaries of the agriculture protection area with the county recorder of deeds and the affected
82 planning commission.
83 (ii) The remaining land in the agriculture protection area is still an agriculture protection
84 area.
85 (3) (a) [
86 area located in the unincorporated part of the county, the county legislative body shall, within 30
87 days after the land is annexed, review the feasibility of that land remaining in the agriculture
88 protection area according to the procedures and requirements of Section 17-41-307 .
89 (b) [
90 the agriculture protection area if:
91 (i) the county legislative body concludes, after the review under Section 17-41-307 , that
92 removal is appropriate; and
93 (ii) the owners of all the annexed land that is within the agriculture protection area consent
94 in writing to the removal.
95 (c) Removal of land from an agriculture protection area under this Subsection (3) does not
96 affect whether that land may be:
97 (i) included in a proposal under Section 17-41-301 to create an agriculture protection area
98 within the municipality; or
99 (ii) added to an existing agriculture protection area within the municipality under [
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Legislative Review Note
as of 8-13-98 2:16 PM
A limited legal review of this legislation 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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