10-2-403 - Annexation petition -- Requirements -- Notice required before filing.
10-2-403. Annexation petition -- Requirements -- Notice required before filing.
(1) Except as provided in Section 10-2-418, the process to annex an unincorporated areato a municipality is initiated by a petition as provided in this section.
(2) (a) (i) Before filing a petition under Subsection (1) with respect to the proposedannexation of an area located in a county of the first class, the person or persons intending to filea petition shall:
(A) file with the city recorder or town clerk of the proposed annexing municipality anotice of intent to file a petition; and
(B) send a copy of the notice of intent to each affected entity.
(ii) Each notice of intent under Subsection (2)(a)(i) shall include an accurate map of thearea that is proposed to be annexed.
(b) (i) Subject to Subsection (2)(b)(ii), the county in which the area proposed to beannexed is located shall:
(A) mail the notice described in Subsection (2)(b)(iii) to:
(I) each owner of real property located within the area proposed to be annexed; and
(II) each owner of real property located within 300 feet of the area proposed to beannexed; and
(B) send to the proposed annexing municipality a copy of the notice and a certificateindicating that the notice has been mailed as required under Subsection (2)(b)(i)(A).
(ii) The county shall mail the notice required under Subsection (2)(b)(i)(A) within 20days after receiving from the person or persons who filed the notice of intent:
(A) a written request to mail the required notice; and
(B) payment of an amount equal to the county's expected actual cost of mailing thenotice.
(iii) Each notice required under Subsection (2)(b)(i)(A) shall:
(A) be in writing;
(B) state, in bold and conspicuous terms, substantially the following:
"Attention: Your property may be affected by a proposed annexation.
Records show that you own property within an area that is intended to be included in aproposed annexation to (state the name of the proposed annexing municipality) or that is within300 feet of that area. If your property is within the area proposed for annexation, you may beasked to sign a petition supporting the annexation. You may choose whether or not to sign thepetition. By signing the petition, you indicate your support of the proposed annexation. If yousign the petition but later change your mind about supporting the annexation, you may withdrawyour signature by submitting a signed, written withdrawal with the recorder or clerk of (state thename of the proposed annexing municipality) within 30 days after (state the name of theproposed annexing municipality) receives notice that the petition has been certified.
There will be no public election on the proposed annexation because Utah law does notprovide for an annexation to be approved by voters at a public election. Signing or not signingthe annexation petition is the method under Utah law for the owners of property within the areaproposed for annexation to demonstrate their support of or opposition to the proposedannexation.
You may obtain more information on the proposed annexation by contacting (state thename, mailing address, telephone number, and email address of the official or employee of theproposed annexing municipality designated to respond to questions about the proposed
annexation), (state the name, mailing address, telephone number, and email address of the countyofficial or employee designated to respond to questions about the proposed annexation), or (statethe name, mailing address, telephone number, and email address of the person who filed thenotice of intent under Subsection (2)(a)(i)(A), or, if more than one person filed the notice ofintent, one of those persons). Once filed, the annexation petition will be available for inspectionand copying at the office of (state the name of the proposed annexing municipality) located at(state the address of the municipal offices of the proposed annexing municipality)."; and
(C) be accompanied by an accurate map identifying the area proposed for annexation.
(iv) A county may not mail with the notice required under Subsection (2)(b)(i)(A) anyother information or materials related or unrelated to the proposed annexation.
(c) (i) After receiving the certificate from the county as provided in Subsection(2)(b)(i)(B), the proposed annexing municipality shall, upon request from the person or personswho filed the notice of intent under Subsection (2)(a)(i)(A), provide an annexation petition forthe annexation proposed in the notice of intent.
(ii) An annexation petition provided by the proposed annexing municipality may beduplicated for circulation for signatures.
(3) Each petition under Subsection (1) shall:
(a) be filed with the city recorder or town clerk, as the case may be, of the proposedannexing municipality;
(b) contain the signatures of:
(i) the owners of private real property that:
(A) is located within the area proposed for annexation;
(B) (I) subject to Subsection (3)(b)(i)(B)(II), covers a majority of the private land areawithin the area proposed for annexation; and
(II) covers 100% of the private land area within the area proposed for annexation, if thearea is within:
(Aa) an agriculture protection area created under Title 17, Chapter 41, Agriculture andIndustrial Protection Areas; or
(Bb) a migratory bird production area created under Title 23, Chapter 28, Migratory BirdProduction Area; and
(C) is equal in value to at least 1/3 of the value of all private real property within the areaproposed for annexation; or
(ii) if all the real property within the area proposed for annexation is owned by a publicentity other than the federal government, the owner of all the publicly owned real property;
(c) if the petition proposes the annexation of an area located within a township, explainthat if the annexation petition is granted, the area will also be withdrawn from the township;
(d) be accompanied by:
(i) an accurate and recordable map, prepared by a licensed surveyor, of the area proposedfor annexation; and
(ii) a copy of the notice sent to affected entities as required under Subsection (2)(a)(i)(B)and a list of the affected entities to which notice was sent;
(e) if the area proposed to be annexed is located in a county of the first class, contain oneach signature page a notice in bold and conspicuous terms that states substantially thefollowing:
"Notice:
* There will be no public election on the annexation proposed by this petition becauseUtah law does not provide for an annexation to be approved by voters at a public election.
* If you sign this petition and later decide that you do not support the petition, you maywithdraw your signature by submitting a signed, written withdrawal with the recorder or clerk of(state the name of the proposed annexing municipality). If you choose to withdraw yoursignature, you shall do so no later than 30 days after (state the name of the proposed annexingmunicipality) receives notice that the petition has been certified.";
(f) if the petition proposes the annexation of an area located in a county that is not thecounty in which the proposed annexing municipality is located, be accompanied by a copy of theresolution, required under Subsection 10-2-402(6), of the legislative body of the county in whichthe area is located; and
(g) designate up to five of the signers of the petition as sponsors, one of whom shall bedesignated as the contact sponsor, and indicate the mailing address of each sponsor.
(4) A petition under Subsection (1) may not propose the annexation of all or part of anarea proposed for annexation to a municipality in a previously filed petition that has not beendenied, rejected, or granted.
(5) A petition under Subsection (1) proposing the annexation of an area located in acounty of the first class may not propose the annexation of an area that includes some or all of anarea proposed to be incorporated in a request for a feasibility study under Section 10-2-103 or apetition under Section 10-2-125 if:
(a) the request or petition was filed before the filing of the annexation petition; and
(b) the request, a petition under Section 10-2-109 based on that request, or a petitionunder Section 10-2-125 is still pending on the date the annexation petition is filed.
(6) If practicable and feasible, the boundaries of an area proposed for annexation shall bedrawn:
(a) along the boundaries of existing local districts and special service districts for sewer,water, and other services, along the boundaries of school districts whose boundaries follow cityboundaries or school districts adjacent to school districts whose boundaries follow cityboundaries, and along the boundaries of other taxing entities;
(b) to eliminate islands and peninsulas of territory that is not receiving municipal-typeservices;
(c) to facilitate the consolidation of overlapping functions of local government;
(d) to promote the efficient delivery of services; and
(e) to encourage the equitable distribution of community resources and obligations.
(7) On the date of filing, the petition sponsors shall deliver or mail a copy of the petitionto:
(a) the clerk of the county in which the area proposed for annexation is located; and
(b) if any of the area proposed for annexation is within a township:
(i) the legislative body of the county in which the township is located; and
(ii) the chair of the township planning commission.
(8) A property owner who signs an annexation petition proposing to annex an arealocated in a county of the first class may withdraw the owner's signature by filing a writtenwithdrawal, signed by the property owner, with the city recorder or town clerk no later than 30days after the municipal legislative body's receipt of the notice of certification under Subsection10-2-405(2)(c)(i).
Amended by Chapter 378, 2010 General Session