Senator Lincoln Fillmore proposes the following substitute bill:


1     
URBAN DEVELOPMENT AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Candice B. Pierucci

5     
Senate Sponsor: Lincoln Fillmore

6     Cosponsors:
7     Cheryl K. Acton
Steve R. Christiansen
Kim F. Coleman
Susan Pulsipher
Mark A. Strong
8     

9     LONG TITLE
10     General Description:
11          This bill amends provisions related to urban development.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines expansion area urban development; and
15          ▸     requires any county that proposes expansion area urban development to provide
16     notice to a city or town.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          10-2-402, as last amended by Laws of Utah 2019, Chapter 498

24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 10-2-402 is amended to read:
27          10-2-402. Annexation -- Limitations.
28          (1) (a) A contiguous, unincorporated area that is contiguous to a municipality may be
29     annexed to the municipality as provided in this part.
30          (b) An unincorporated area may not be annexed to a municipality unless:
31          (i) it is a contiguous area;
32          (ii) it is contiguous to the municipality;
33          (iii) annexation will not leave or create an unincorporated island or unincorporated
34     peninsula:
35          (A) except as provided in Subsection 10-2-418(3); or
36          (B) unless the county and municipality have otherwise agreed; and
37          (iv) for an area located in a specified county with respect to an annexation that occurs
38     after December 31, 2002, the area is within the proposed annexing municipality's expansion
39     area.
40          (2) Except as provided in Section 10-2-418, a municipality may not annex an
41     unincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
42          (3) (a) An annexation under this part may not include part of a parcel of real property
43     and exclude part of that same parcel unless the owner of that parcel has signed the annexation
44     petition under Section 10-2-403.
45          (b) A piece of real property that has more than one parcel number is considered to be a
46     single parcel for purposes of Subsection (3)(a) if owned by the same owner.
47          (4) A municipality may not annex an unincorporated area in a specified county for the
48     sole purpose of acquiring municipal revenue or to retard the capacity of another municipality to
49     annex the same or a related area unless the municipality has the ability and intent to benefit the
50     annexed area by providing municipal services to the annexed area.
51          (5) (a) As used in this subsection, "expansion area urban development" means:
52          (i) for a specified county, urban development within a city or town's expansion area; or
53          (ii) for a county of the first class, urban development within a city or town's expansion
54     area that:

55          (A) consists of 50 or more acres;
56          (B) requires the county to change the zoning designation of the land on which the
57     urban development is located or a zoning regulation affecting the land on which the urban
58     development is located; and
59          (C) does not include commercial or industrial development that is located within a
60     mining protection area as defined in Section 17-41-101, regardless of whether the commercial
61     or industrial development is for a mining use as defined in Section 17-41-101.
62          [(5)] (b) [The legislative body of a specified county] A county legislative body may not
63     approve expansion area urban development [within a municipality's expansion area] unless:
64          [(a)] (i) the county notifies the [municipality] city or town of the proposed
65     development; and
66          [(b) (i)] (ii) (A) the [municipality] city or town consents in writing to the development;
67     or
68          [(ii) (A)] (B) within 90 days after the county's notification of the proposed
69     development, the [municipality] city or town submits to the county a written objection to the
70     county's approval of the proposed development[; and (B)] and the county responds in writing to
71     the [municipality's objections] city or town's objection.
72          (6) (a) An annexation petition may not be filed under this part proposing the
73     annexation of an area located in a county that is not the county in which the proposed annexing
74     municipality is located unless the legislative body of the county in which the area is located has
75     adopted a resolution approving the proposed annexation.
76          (b) Each county legislative body that declines to adopt a resolution approving a
77     proposed annexation described in Subsection (6)(a) shall provide a written explanation of its
78     reasons for declining to approve the proposed annexation.
79          (7) (a) As used in this Subsection (7), "airport" means an area that the Federal Aviation
80     Administration has, by a record of decision, approved for the construction or operation of a
81     Class I, II, or III commercial service airport, as designated by the Federal Aviation
82     Administration in 14 C.F.R. Part 139.
83          (b) A municipality may not annex an unincorporated area within 5,000 feet of the
84     center line of any runway of an airport operated or to be constructed and operated by another
85     municipality unless the legislative body of the other municipality adopts a resolution

86     consenting to the annexation.
87          (c) A municipality that operates or intends to construct and operate an airport and does
88     not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b)
89     may not deny an annexation petition proposing the annexation of that same area to that
90     municipality.
91          (8) (a) As used in this subsection, "project area" means a project area as defined in
92     Section 63H-1-102 that is in a project area plan as defined in Section 63H-1-102 adopted by
93     the Military Installation Development Authority under Title 63H, Chapter 1, Military
94     Installation Development Authority Act.
95          (b) A municipality may not annex an unincorporated area located within a project area
96     without the authority's approval.
97          (c) (i) Except as provided in Subsection (8)(c)(ii), the Military Installation
98     Development Authority may petition for annexation of the following areas to a municipality as
99     if it was the sole private property owner within the area:
100          (A) an area within a project area;
101          (B) an area that is contiguous to a project area and within the boundaries of a military
102     installation;
103          (C) an area owned by the Military Installation Development Authority; and
104          (D) an area that is contiguous to an area owned by the Military Installation
105     Development Authority that the Military Installation Development Authority plans to add to an
106     existing project area.
107          (ii) If any portion of an area annexed under a petition for annexation filed by the
108     Military Installation Development Authority is located in a specified county:
109          (A) the annexation process shall follow the requirements for a specified county; and
110          (B) the provisions of Subsection 10-2-402(6) do not apply.