10-2-415.  Public hearing — Notice.

(1) 

Terms Used In Utah Code 10-2-415

  • Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401
  • Feasibility consultant: means a person or firm with expertise in the processes and economics of local government. See Utah Code 10-2-401
  • Municipality: means :
(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
(b) a town, as classified in Section 10-2-301; or
(c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Specified county: means a county of the second, third, fourth, fifth, or sixth class. See Utah Code 10-2-401
  • Unincorporated: means not within a municipality. See Utah Code 10-1-104
  • Urban development: means :
    (i) a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or
    (ii) a commercial or industrial development for which cost projections exceed $750,000 for all phases. See Utah Code 10-2-401
    (a)  If the results of the feasibility study or supplemental feasibility study meet the requirements of Subsection 10-2-416(3) with respect to a proposed annexation of an area located in a county of the first class, the commission shall hold a public hearing within 30 days after the day on which the commission receives the feasibility study or supplemental feasibility study results.

    (b)  At the public hearing described in Subsection (1)(a), the commission shall:

    (i)  require the feasibility consultant to present the results of the feasibility study and, if applicable, the supplemental feasibility study;

    (ii)  allow those present to ask questions of the feasibility consultant regarding the study results; and

    (iii)  allow those present to speak to the issue of annexation.

    • (2)  The commission shall provide notice of the public hearing described in Subsection (1)(a) for the area proposed for annexation, the surrounding 1/2 mile of unincorporated area, and the proposed annexing municipality, as a class B notice under Section 63G-30-102, for at least two weeks before the date of the public hearing.

    (3)  The notice described in Subsection (2) shall:

    (a)  be entitled, “notice of annexation hearing”;

    (b)  state the name of the annexing municipality;

    (c)  describe the area proposed for annexation; and

    (d)  specify the following sources where an individual may obtain a copy of the feasibility study conducted in relation to the proposed annexation:

    (i)  if the municipality has a website, the municipality’s website;

    (ii)  a municipality’s physical address; and

    (iii)  a mailing address and telephone number.

    (4)  Within 30 days after the time under Subsection 10-2-407(2) for filing a protest has expired with respect to a proposed annexation of an area located in a specified county, the boundary commission shall hold a hearing on all protests that were filed with respect to the proposed annexation.

    (5)  For at least 14 days before the date of a hearing described in Subsection (4), the commission chair shall provide notice of the hearing, for the area proposed for annexation, as a class B notice under Section 63G-30-102.

    (6)  Each notice described in Subsection (5) shall:

    (a)  state the date, time, and place of the hearing;

    (b)  briefly summarize the nature of the protest; and

    (c)  state that a copy of the protest is on file at the commission’s office.

    (7)  The commission may continue a hearing under Subsection (4) from time to time, but no continued hearing may be held later than 60 days after the original hearing date.

    (8)  In considering protests, the commission shall consider whether the proposed annexation:

    (a)  complies with the requirements of Sections 10-2-402 and 10-2-403 and the annexation policy plan of the proposed annexing municipality;

    (b)  conflicts with the annexation policy plan of another municipality; and

    (c)  if the proposed annexation includes urban development, will have an adverse tax consequence on the remaining unincorporated area of the county.

    (9) 

    (a)  The commission shall record each hearing under this section by electronic means.

    (b)  A transcription of the recording under Subsection (9)(a), the feasibility study, if applicable, information received at the hearing, and the written decision of the commission shall constitute the record of the hearing.

    Amended by Chapter 435, 2023 General Session

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