S.B. 244

1

ANNEXATION AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the annexation of a resort area.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . authorizes property owners in a resort area to file an annexation request with a
14 municipality;
15 . amends public hearing requirements; and
16 . makes technical corrections.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 10-2-401, as last amended by Laws of Utah 2009, Chapters 92, 205, and 230
24 10-2-402, as last amended by Laws of Utah 2009, Chapters 92, 205, and 230
25 10-2-418, as last amended by Laws of Utah 2009, Chapters 230, 350, and 388
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 10-2-401 is amended to read:
29 10-2-401. Definitions -- Property owner provisions.
30 (1) As used in this part:
31 (a) "Affected entity" means:
32 (i) a county of the first or second class in whose unincorporated area the area proposed
33 for annexation is located;
34 (ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the
35 area proposed for annexation is located, if the area includes residents or commercial or
36 industrial development;
37 (iii) a local district under Title 17B, Limited Purpose Local Government Entities -
38 Local Districts, or special service district under Title 17D, Chapter 1, Special Service District
39 Act, whose boundary includes any part of an area proposed for annexation;
40 (iv) a school district whose boundary includes any part of an area proposed for
41 annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
42 (v) a municipality whose boundaries are within 1/2 mile of an area proposed for
43 annexation.
44 (b) "Annexation petition" means a petition under Section 10-2-403 proposing the
45 annexation to a municipality of a contiguous, unincorporated area that is contiguous to the
46 municipality.
47 (c) "Commission" means a boundary commission established under Section 10-2-409
48 for the county in which the property that is proposed for annexation is located.
49 (d) "Expansion area" means the unincorporated area that is identified in an annexation
50 policy plan under Section 10-2-401.5 as the area that the municipality anticipates annexing in
51 the future.
52 (e) "Feasibility consultant" means a person or firm with expertise in the processes and
53 economics of local government.
54 (f) "Municipal selection committee" means a committee in each county composed of
55 the mayor of each municipality within that county.
56 (g) "Private," with respect to real property, means not owned by the United States or
57 any agency of the federal government, the state, a county, a municipality, a school district, a
58 local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a

59 special service district under Title 17D, Chapter 1, Special Service District Act, or any other
60 political subdivision or governmental entity of the state.
61 (h) "Resort area" means a developed area:
62 (i) on a mountain or large hill containing:
63 (A) ski trails; and
64 (B) support services, including:
65 (I) food services;
66 (II) rental equipment;
67 (III) parking facilities; and
68 (IV) a ski lift system; and
69 (ii) located 10 miles or less from the corporate limit of the proposed annexing
70 municipality.
71 [(h)] (i) "Specified county" means a county of the second, third, fourth, fifth, or sixth
72 class.
73 [(i)] (j) "Township" has the same meaning as defined in Section 17-27a-103 .
74 [(j)] (k) "Unincorporated peninsula" means an unincorporated area:
75 (i) that is part of a larger unincorporated area;
76 (ii) that extends from the rest of the unincorporated area of which it is a part;
77 (iii) that is surrounded by land that is within a municipality, except where the area
78 connects to and extends from the rest of the unincorporated area of which it is a part; and
79 (iv) whose width, at any point where a straight line may be drawn from a place where it
80 borders a municipality to another place where it borders a municipality, is no more than 25% of
81 the boundary of the area where it borders a municipality.
82 [(k)] (l) "Urban development" means:
83 (i) a housing development with more than 15 residential units and an average density
84 greater than one residential unit per acre; or
85 (ii) a commercial or industrial development for which cost projections exceed
86 $750,000 for all phases.
87 (2) For purposes of this part:
88 (a) the owner of real property shall be:
89 (i) except as provided in Subsection (2)(a)(ii), the record title owner according to the

90 records of the county recorder on the date of the filing of the petition or protest; or
91 (ii) the lessee of military land, as defined in Section 63H-1-102 , if the area proposed
92 for annexation includes military land that is within a project area described in a project area
93 plan adopted by the military installation development authority under Title 63H, Chapter 1,
94 Military Installation Development Authority Act; and
95 (b) the value of private real property shall be determined according to the last
96 assessment roll for county taxes before the filing of the petition or protest.
97 (3) For purposes of each provision of this part that requires the owners of private real
98 property covering a percentage or majority of the total private land area within an area to sign a
99 petition or protest:
100 (a) a parcel of real property may not be included in the calculation of the required
101 percentage or majority unless the petition or protest is signed by:
102 (i) except as provided in Subsection (3)(a)(ii), owners representing a majority
103 ownership interest in that parcel; or
104 (ii) if the parcel is owned by joint tenants or tenants by the entirety, 50% of the number
105 of owners of that parcel;
106 (b) the signature of a person signing a petition or protest in a representative capacity on
107 behalf of an owner is invalid unless:
108 (i) the person's representative capacity and the name of the owner the person represents
109 are indicated on the petition or protest with the person's signature; and
110 (ii) the person provides documentation accompanying the petition or protest that
111 substantiates the person's representative capacity; and
112 (c) subject to Subsection (3)(b), a duly appointed personal representative may sign a
113 petition or protest on behalf of a deceased owner.
114 Section 2. Section 10-2-402 is amended to read:
115 10-2-402. Annexation -- Limitations.
116 (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
117 annexed to the municipality as provided in this part.
118 (b) An unincorporated area may not be annexed to a municipality unless:
119 (i) it is a contiguous area;
120 (ii) subject to Subsection (1)(c), it is contiguous to the municipality;

121 (iii) except as provided in Subsection 10-2-418 (1)(b), annexation will not leave or
122 create an unincorporated island, unincorporated resort area, or unincorporated peninsula; and
123 (iv) for an area located in a specified county with respect to an annexation that occurs
124 after December 31, 2002, the area is within the proposed annexing municipality's expansion
125 area.
126 (c) For purposes of Subsection (1)(b)(ii), a resort area is contiguous to an annexing
127 municipality if the annexing municipality and the resort area are separated only by land
128 controlled or owned by the federal government.
129 (2) Except as provided in Section 10-2-418 , a municipality may not annex an
130 unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
131 (3) (a) An annexation under this part may not include part of a parcel of real property
132 and exclude part of that same parcel unless the owner of that parcel has signed the annexation
133 petition under Section 10-2-403 .
134 (b) A piece of real property that has more than one parcel number is considered to be a
135 single parcel for purposes of Subsection (3)(a) if owned by the same owner.
136 (4) A municipality may not annex an unincorporated area in a specified county for the
137 sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
138 annex the same or a related area unless the municipality has the ability and intent to benefit the
139 annexed area by providing municipal services to the annexed area.
140 (5) The legislative body of a specified county may not approve urban development
141 within a municipality's expansion area unless:
142 (a) the county notifies the municipality of the proposed development; and
143 (b) (i) the municipality consents in writing to the development; or
144 (ii) (A) within 90 days after the county's notification of the proposed development, the
145 municipality submits to the county a written objection to the county's approval of the proposed
146 development; and
147 (B) the county responds in writing to the municipality's objections.
148 (6) (a) An annexation petition may not be filed under this part proposing the
149 annexation of an area located in a county that is not the county in which the proposed annexing
150 municipality is located unless the legislative body of the county in which the area is located has
151 adopted a resolution approving the proposed annexation.

152 (b) Each county legislative body that declines to adopt a resolution approving a
153 proposed annexation described in Subsection (6)(a) shall provide a written explanation of its
154 reasons for declining to approve the proposed annexation.
155 (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation
156 Administration has, by a record of decision, approved for the construction or operation of a
157 Class I, II, or III commercial service airport, as designated by the Federal Aviation
158 Administration in 14 C.F.R. Part 139.
159 (b) A municipality may not annex an unincorporated area within 5,000 feet of the
160 center line of any runway of an airport operated or to be constructed and operated by another
161 municipality unless the legislative body of the other municipality adopts a resolution
162 consenting to the annexation.
163 (c) A municipality that operates or intends to construct and operate an airport and does
164 not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)
165 may not deny an annexation petition proposing the annexation of that same area to that
166 municipality.
167 (8) An annexation petition may not be filed if it proposes the annexation of an area that
168 is within a proposed township in a petition to establish a township under Subsection
169 17-27a-306 (1)(c) that has been certified under Subsection 17-27a-306 (1)(f), until after the
170 canvass of an election on the proposed township under Subsection 17-27a-306 (1)(h).
171 (9) A municipality may not annex an unincorporated area located within a project area
172 described in a project area plan adopted by the military installation development authority
173 under Title 63H, Chapter 1, Military Installation Development Authority Act, without the
174 authority's approval.
175 Section 3. Section 10-2-418 is amended to read:
176 10-2-418. Annexation of an island, resort area, or peninsula without a petition --
177 Notice -- Hearing.
178 (1) (a) Notwithstanding Subsection 10-2-402 (2), a municipality may annex an
179 unincorporated area under this section without an annexation petition if:
180 (i) (A) the area to be annexed consists of one or more unincorporated islands within or
181 unincorporated peninsulas contiguous to the municipality;
182 (B) the majority of each island or peninsula consists of residential or commercial

183 development;
184 (C) the area proposed for annexation requires the delivery of municipal-type services;
185 and
186 (D) the municipality has provided most or all of the municipal-type services to the area
187 for more than one year;
188 (ii) (A) the area to be annexed consists of one or more unincorporated islands within or
189 unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800
190 residents; and
191 (B) the municipality has provided one or more municipal-type services to the area for
192 at least one year; [or]
193 (iii) (A) the area consists of:
194 (I) an unincorporated island within or an unincorporated peninsula contiguous to the
195 municipality; and
196 (II) no more than 50 acres; and
197 (B) the county in which the area is located and the municipality agree that the area
198 should be included within the municipality[.]; or
199 (iv) (A) the area to be annexed is a resort area; and
200 (B) the owners of at least one-third of the value of the private real property within the
201 resort area have filed with the city recorder or town clerk of the proposed annexing
202 municipality a request to annex into the municipality.
203 (b) Notwithstanding Subsection 10-2-402 (1)(b)(iii), a municipality may annex a
204 portion of an unincorporated island, unincorporated resort area, or unincorporated peninsula
205 under this section, leaving unincorporated the remainder of the unincorporated island,
206 unincorporated resort area, or unincorporated peninsula, if:
207 (i) in adopting the resolution under Subsection (2)(a)(i), the municipal legislative body
208 determines that not annexing the entire unincorporated island, unincorporated resort area, or
209 unincorporated peninsula is in the municipality's best interest; and
210 (ii) for an annexation of one or more unincorporated islands under Subsection
211 (1)(a)(ii), the entire island of unincorporated area, of which a portion is being annexed,
212 complies with the requirement of Subsection (1)(a)(ii)(A) relating to the number of residents.
213 (2) (a) The legislative body of each municipality intending to annex an area under this

214 section shall:
215 (i) adopt a resolution indicating the municipal legislative body's intent to annex the
216 area, describing the area proposed to be annexed;
217 (ii) publish notice:
218 (A) (I) at least once a week for three successive weeks in a newspaper of general
219 circulation within the municipality and the area proposed for annexation; or
220 (II) if there is no newspaper of general circulation in the areas described in Subsection
221 (2)(a)(ii)(A), post at least one notice per 1,000 population in places within those areas that are
222 most likely to give notice to the residents of those areas; and
223 (B) in accordance with Section 45-1-101 for three weeks;
224 (iii) send written notice to the board of each local district and special service district
225 whose boundaries contain some or all of the area proposed for annexation and to the legislative
226 body of the county in which the area proposed for annexation is located; and
227 (iv) (A) hold a public hearing on the proposed annexation no earlier than 30 days after
228 the [adoption of] day on which the resolution is adopted under Subsection (2)(a)(i)[.]; or
229 (B) for a proposed annexation of a resort area, hold a public hearing on the proposed
230 annexation no earlier than 60 days after the day on which the resolution is adopted under
231 Subsection (2)(a)(i).
232 (b) Each notice under Subsections (2)(a)(ii) and (iii) shall:
233 (i) state that the municipal legislative body has adopted a resolution indicating its intent
234 to annex the area proposed for annexation;
235 (ii) state the date, time, and place of the public hearing under Subsection (2)(a)(iv);
236 (iii) describe the area proposed for annexation; and
237 (iv) except for an annexation that meets the property owner consent requirements of
238 Subsection (3)(b), state in conspicuous and plain terms that the municipal legislative body will
239 annex the area unless, at or before the public hearing under Subsection (2)(a)(iv), written
240 protests to the annexation are filed by the owners of private real property that:
241 (A) is located within the area proposed for annexation;
242 (B) covers a majority of the total private land area within the entire area proposed for
243 annexation; and
244 (C) is equal in value to at least 1/2 the value of all private real property within the

245 entire area proposed for annexation.
246 (c) The first publication of the notice required under Subsection (2)(a)(ii)(A) shall be
247 within 14 days of the municipal legislative body's adoption of a resolution under Subsection
248 (2)(a)(i).
249 (3) (a) Upon conclusion of the public hearing under Subsection (2)(a)(iv), the
250 municipal legislative body may adopt an ordinance approving the annexation of the area
251 proposed for annexation under this section unless, at or before the hearing, written protests to
252 the annexation have been filed with the city recorder or town clerk, as the case may be, by the
253 owners of private real property that:
254 (i) is located within the area proposed for annexation;
255 (ii) covers a majority of the total private land area within the entire area proposed for
256 annexation; and
257 (iii) is equal in value to at least 1/2 the value of all private real property within the
258 entire area proposed for annexation.
259 (b) (i) Upon conclusion of the public hearing under Subsection (2)(a)(iv), a
260 municipality may adopt an ordinance approving the annexation of the area proposed for
261 annexation under this section without allowing or considering protests under Subsection (3)(a)
262 if the owners of at least 75% of the total private land area within the entire area proposed for
263 annexation, representing at least 75% of the value of the private real property within the entire
264 area proposed for annexation, have consented in writing to the annexation.
265 (ii) Upon the effective date under Section 10-2-425 of an annexation approved by an
266 ordinance adopted under Subsection (3)(b)(i), the area annexed shall be conclusively presumed
267 to be validly annexed.
268 (4) (a) If protests are timely filed that comply with Subsection (3), the municipal
269 legislative body may not adopt an ordinance approving the annexation of the area proposed for
270 annexation, and the annexation proceedings under this section shall be considered terminated.
271 (b) Subsection (4)(a) may not be construed to prohibit the municipal legislative body
272 from excluding from a proposed annexation under Subsection (1)(a)(ii) the property within an
273 unincorporated island regarding which protests have been filed and proceeding under
274 Subsection (1)(b) to annex some or all of the remaining portion of the unincorporated island.

Legislative Review Note
as of 2-15-10 10:14 AM

Office of Legislative Research and General Counsel