10-2-402 - Annexation -- Limitations.
10-2-402. Annexation -- Limitations.
(1) (a) A contiguous, unincorporated area that is contiguous to a municipality may beannexed to the municipality as provided in this part.
(b) An unincorporated area may not be annexed to a municipality unless:
(i) it is a contiguous area;
(ii) it is contiguous to the municipality;
(iii) except as provided in Subsection 10-2-418(1)(b), annexation will not leave or createan unincorporated island or unincorporated peninsula; and
(iv) for an area located in a specified county with respect to an annexation that occursafter December 31, 2002, the area is within the proposed annexing municipality's expansion area.
(2) Except as provided in Section 10-2-418, a municipality may not annex anunincorporated area unless a petition under Section 10-2-403 is filed requesting annexation.
(3) (a) An annexation under this part may not include part of a parcel of real property andexclude part of that same parcel unless the owner of that parcel has signed the annexationpetition under Section 10-2-403.
(b) A piece of real property that has more than one parcel number is considered to be asingle parcel for purposes of Subsection (3)(a) if owned by the same owner.
(4) A municipality may not annex an unincorporated area in a specified county for thesole purpose of acquiring municipal revenue or to retard the capacity of another municipality toannex the same or a related area unless the municipality has the ability and intent to benefit theannexed area by providing municipal services to the annexed area.
(5) The legislative body of a specified county may not approve urban developmentwithin a municipality's expansion area unless:
(a) the county notifies the municipality of the proposed development; and
(b) (i) the municipality consents in writing to the development; or
(ii) (A) within 90 days after the county's notification of the proposed development, themunicipality submits to the county a written objection to the county's approval of the proposeddevelopment; and
(B) the county responds in writing to the municipality's objections.
(6) (a) An annexation petition may not be filed under this part proposing the annexationof an area located in a county that is not the county in which the proposed annexing municipalityis located unless the legislative body of the county in which the area is located has adopted aresolution approving the proposed annexation.
(b) Each county legislative body that declines to adopt a resolution approving a proposedannexation described in Subsection (6)(a) shall provide a written explanation of its reasons fordeclining to approve the proposed annexation.
(7) (a) As used in this Subsection (7), "airport" means an area that the Federal AviationAdministration has, by a record of decision, approved for the construction or operation of a ClassI, II, or III commercial service airport, as designated by the Federal Aviation Administration in 14C.F.R. Part 139.
(b) A municipality may not annex an unincorporated area within 5,000 feet of the centerline of any runway of an airport operated or to be constructed and operated by anothermunicipality unless the legislative body of the other municipality adopts a resolution consentingto the annexation.
(c) A municipality that operates or intends to construct and operate an airport and does
not adopt a resolution consenting to the annexation of an area described in Subsection (7)(b) maynot deny an annexation petition proposing the annexation of that same area to that municipality.
(8) An annexation petition may not be filed if it proposes the annexation of an area that iswithin a proposed township in a petition to establish a township under Subsection17-27a-306(1)(c) that has been certified under Subsection 17-27a-306(1)(f), until after thecanvass of an election on the proposed township under Subsection 17-27a-306(1)(h).
(9) A municipality may not annex an unincorporated area located within a project areadescribed in a project area plan adopted by the military installation development authority underTitle 63H, Chapter 1, Military Installation Development Authority Act, without the authority'sapproval.
Amended by Chapter 92, 2009 General Session
Amended by Chapter 205, 2009 General Session
Amended by Chapter 230, 2009 General Session