10-2-418. Annexation of an island or peninsula without a petition — Notice — Hearing.
(1)
As used in Subsection (2)(b)(ii), for purposes of an annexation conducted in accordance with this section of an area located within a county of the first class, “municipal-type services” does not include a service provided by a municipality pursuant to a contract that the municipality has with another political subdivision as “political subdivision” is defined in Section 17B-1-102.
Terms Used In Utah Code 10-2-418
Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401
Contiguous: means :
(a)
if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
(b)
if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
Contract: A legal written agreement that becomes binding when signed.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Expansion area: means the unincorporated area that is identified in an annexation policy plan under Section 10-2-401. See Utah Code 10-2-401
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
Peninsula: when used to describe an unincorporated area, means an area surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated territory and situated so that the length of a line drawn across the unincorporated area from an incorporated area to an incorporated area on the opposite side shall be less than 25% of the total aggregate boundaries of the unincorporated area. See Utah Code 10-1-104
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Unincorporated peninsula: means an unincorporated area:
(i)
that is part of a larger unincorporated area;
(ii)
that extends from the rest of the unincorporated area of which it is a part;
(iii)
that is surrounded by land that is within a municipality, except where the area connects to and extends from the rest of the unincorporated area of which it is a part; and
(iv)
whose width, at any point where a straight line may be drawn from a place where it borders a municipality to another place where it borders a municipality, is no more than 25% of the boundary of the area where it borders a municipality. See Utah Code 10-2-401
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
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
Notwithstanding Subsection 10-2-402(2), a municipality may annex an unincorporated area under this section without an annexation petition if:
(a)
for an unincorporated area within the expansion area of more than one municipality, each municipality agrees to the annexation; and
(b)
(i)
(A)
the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality;
(B)
the majority of each island or peninsula consists of residential or commercial development;
(C)
the area proposed for annexation requires the delivery of municipal-type services; and
(D)
the municipality has provided most or all of the municipal-type services to the area for more than one year;
(ii)
(A)
the area to be annexed consists of one or more unincorporated islands within or unincorporated peninsulas contiguous to the municipality, each of which has fewer than 800 residents; and
(B)
the municipality has provided one or more municipal-type services to the area for at least one year;
(iii)
the area consists of:
(A)
an unincorporated island within or an unincorporated peninsula contiguous to the municipality; and
(B)
for an area outside of the county of the first class proposed for annexation, no more than 50 acres; or
(iv)
(A)
the area to be annexed consists only of one or more unincorporated islands in a county of the second class;
(B)
the area to be annexed is located in the expansion area of a municipality; and
(C)
the county legislative body in which the municipality is located provides notice to each property owner within the area to be annexed that the county legislative body will hold a public hearing, no less than 15 days after the day on which the county legislative body provides the notice, and may make a recommendation of annexation to the municipality whose expansion area includes the area to be annexed after the public hearing.
(3)
Notwithstanding Subsection 10-2-402(1)(b)(iii), a municipality may annex a portion of an unincorporated island or unincorporated peninsula under this section, leaving unincorporated the remainder of the unincorporated island or unincorporated peninsula, if:
(a)
in adopting the resolution under Subsection (5)(a) the municipal legislative body determines that not annexing the entire unincorporated island or unincorporated peninsula is in the municipality’s best interest; and
(b)
for an annexation of one or more unincorporated islands under Subsection (2)(b), the entire island of unincorporated area, of which a portion is being annexed, complies with the requirement of Subsection (2)(b)(ii) relating to the number of residents.
(4)
(a)
This Subsection (4) applies only to an annexation within a county of the first class.
(b)
A county of the first class shall agree to an annexation if the majority of private property owners within the area to be annexed give written consent to the annexation, in accordance with Subsection (4)(d), to the recorder of the annexing municipality.
(c)
For purposes of Subsection (4)(b), the majority of private property owners is property owners who own:
(i)
the majority of the total private land area within the area proposed for annexation; and
(ii)
private real property equal to at least 1/2 the value of private real property within the area proposed for annexation.
(d)
A property owner consenting to annexation shall indicate the property owner’s consent on a form which includes language in substantially the following form: “Notice: If this written consent is used to proceed with an annexation of your property in accordance with Utah Code Section 10-2-418, no public election is required by law to approve the annexation. If you sign this consent and later decide you do not want to support the annexation of your property, you may withdraw your signature by submitting a signed, written withdrawal with the recorder or clerk of [name of annexing municipality]. If you choose to withdraw your signature, you must do so no later than the close of the public hearing on the annexation conducted in accordance with Utah Code Subsection 10-2-418(4)(d).”.
(e)
A private property owner may withdraw the property owner’s signature indicating consent by submitting a signed, written withdrawal with the recorder or clerk no later than the close of the public hearing held in accordance with Subsection (5)(b).
(5)
The legislative body of each municipality intending to annex an area under this section shall:
(a)
adopt a resolution indicating the municipal legislative body’s intent to annex the area, describing the area proposed to be annexed; and
(b)
hold a public hearing on the proposed annexation no earlier than 30 days after the adoption of the resolution described in Subsection (5)(a).
(6)
A legislative body described in Subsection (5) shall provide notice of a public hearing described in Subsection (5)(b):
(a)
for at least three weeks before the day of the public hearing, for the municipality and the area proposed for annexation, as a class B notice under Section 63G-30-102; and
(b)
by sending written notice to:
(i)
the board of each special district and special service district whose boundaries contain some or all of the area proposed for annexation; and
(ii)
the legislative body of the county in which the area proposed for annexation is located.
(7)
The legislative body of the annexing municipality shall ensure that:
(a)
each notice described in Subsection (6):
(i)
states that the municipal legislative body has adopted a resolution indicating the municipality’s intent to annex the area proposed for annexation;
(ii)
states the date, time, and place of the public hearing described in Subsection (5)(b);
(iii)
describes the area proposed for annexation; and
(iv)
except for an annexation that meets the requirements of Subsection (8)(b) or (c), states in conspicuous and plain terms that the municipal legislative body will annex the area unless, at or before the public hearing described in Subsection (5)(b), written protests to the annexation are filed by the owners of private real property that:
(A)
is located within the area proposed for annexation;
(B)
covers a majority of the total private land area within the entire area proposed for annexation; and
(C)
is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation; and
(b)
the first publication of the notice described in Subsection (6)(a) occurs within 14 days after the day on which the municipal legislative body adopts a resolution under Subsection (5)(a).
(8)
(a)
Except as provided in Subsections (8)(b)(i) and (8)(c)(i), upon conclusion of the public hearing described in Subsection (5)(b), the municipal legislative body may adopt an ordinance approving the annexation of the area proposed for annexation under this section unless, at or before the hearing, written protests to the annexation have been filed with the recorder or clerk of the municipality by the owners of private real property that:
(i)
is located within the area proposed for annexation;
(ii)
covers a majority of the total private land area within the entire area proposed for annexation; and
(iii)
is equal in value to at least 1/2 the value of all private real property within the entire area proposed for annexation.
(b)
(i)
Notwithstanding Subsection (8)(a), upon conclusion of the public hearing described in Subsection (5)(b), a municipality may adopt an ordinance approving the annexation of the area proposed for annexation under this section without allowing or considering protests under Subsection (8)(a) if the owners of at least 75% of the total private land area within the entire area proposed for annexation, representing at least 75% of the value of the private real property within the entire area proposed for annexation, have consented in writing to the annexation.
(ii)
Upon the effective date under Section 10-2-425 of an annexation approved by an ordinance adopted under Subsection (8)(b)(i), the area annexed is conclusively presumed to be validly annexed.
(c)
(i)
Notwithstanding Subsection (8)(a), upon conclusion of the public hearing described in Subsection (5)(b), a municipality may adopt an ordinance approving the annexation of an area that the county legislative body proposes for annexation under this section without allowing or considering protests under Subsection (8)(a) if the county legislative body has formally recommended annexation to the annexing municipality and has made a formal finding that:
(A)
the area to be annexed can be more efficiently served by the municipality than by the county;
(B)
the area to be annexed is not likely to be naturally annexed by the municipality in the future as the result of urban development;
(C)
annexation of the area is likely to facilitate the consolidation of overlapping functions of local government; and
(D)
annexation of the area is likely to result in an equitable distribution of community resources and obligations.
(ii)
The county legislative body may base the finding required in Subsection (8)(c)(i)(B) on:
(A)
existing development in the area;
(B)
natural or other conditions that may limit the future development of the area; or
(C)
other factors that the county legislative body considers relevant.
(iii)
A county legislative body may make the recommendation for annexation required in Subsection (8)(c)(i) for only a portion of an unincorporated island if, as a result of information provided at the public hearing, the county legislative body makes a formal finding that it would be equitable to leave a portion of the island unincorporated.
(iv)
If a county legislative body has made a recommendation of annexation under Subsection (8)(c)(i):
(A)
the relevant municipality is not required to proceed with the recommended annexation; and
(B)
if the relevant municipality proceeds with annexation, the municipality shall annex the entire area that the county legislative body recommended for annexation.
(v)
Upon the effective date under Section 10-2-425 of an annexation approved by an ordinance adopted under Subsection (8)(c)(i), the area annexed is conclusively presumed to be validly annexed.
(9)
(a)
Except as provided in Subsections (8)(b)(i) and (8)(c)(i), if protests are timely filed under Subsection (8)(a), the municipal legislative body may not adopt an ordinance approving the annexation of the area proposed for annexation, and the annexation proceedings under this section shall be considered terminated.
(b)
Subsection (9)(a) does not prohibit the municipal legislative body from excluding from a proposed annexation under Subsection (2)(b) the property within an unincorporated island regarding which protests have been filed and proceeding under Subsection (3) to annex some or all of the remaining portion of the unincorporated island.
Amended by Chapter 16, 2023 General Session Amended by Chapter 435, 2023 General Session
