17-27a-306 - Townships.
17-27a-306. Townships.
(1) (a) A township may be established as provided in this Subsection (1).
(b) A township may not be established unless the area to be included within the proposedtownship:
(i) is unincorporated;
(ii) is contiguous; and
(iii) (A) contains:
(I) at least 20% but not more than 80% of:
(Aa) the total private land area in the unincorporated county; or
(Bb) the total value of locally assessed taxable property in the unincorporated county; or
(II) (Aa) in a county of the first, second, or third class, at least 5% of the total populationof the unincorporated county; or
(Bb) in a county of the fourth, fifth, or sixth class, at least 25% of the total population ofthe unincorporated county; or
(B) has been declared by the United States Census Bureau as a census designated place.
(c) (i) The process to establish a township is initiated by the filing of a petition with theclerk of the county in which the proposed township is located.
(ii) A petition to establish a township may not be filed if it proposes the establishment ofa township that includes an area within a proposed township in a petition that has previouslybeen certified under Subsection (1)(g), until after the canvass of an election on the proposedtownship under Subsection (1)(j).
(d) A petition under Subsection (1)(c) to establish a township shall:
(i) be signed by the owners of private real property that:
(A) is located within the proposed township;
(B) covers at least 10% of the total private land area within the proposed township; and
(C) is equal in value to at least 10% of the value of all private real property within theproposed township;
(ii) be accompanied by an accurate plat or map showing the boundary of the contiguousarea proposed to be established as a township;
(iii) indicate the typed or printed name and current residence address of each ownersigning the petition;
(iv) designate up to five signers of the petition as petition sponsors, one of whom shall bedesignated as the contact sponsor, with the mailing address and telephone number of eachpetition sponsor;
(v) authorize the petition sponsor or sponsors to act on behalf of all owners signing thepetition for purposes of the petition; and
(vi) request the county legislative body to provide notice of the petition and of a publichearing, hold a public hearing, and conduct an election on the proposal to establish a township.
(e) Subsection 10-2-101(3) applies to a petition to establish a township to the sameextent as if it were an incorporation petition under Title 10, Chapter 2, Part 1, Incorporation.
(f) (i) Within seven days after the filing of a petition under Subsection (1)(c) proposingthe establishment of a township in a county of the first or second class, the county clerk shallprovide notice of the filing of the petition to:
(A) each owner of real property owning more than 1% of the assessed value of all realproperty within the proposed township; and
(B) each owner of real property owning more than 850 acres of real property within theproposed township.
(ii) A property owner may exclude all or part of the property owner's property from aproposed township in a county of the first or second class:
(A) if:
(I) (Aa) (Ii) the property owner owns more than 1% of the assessed value of all propertywithin the proposed township;
(IIii) the property is nonurban; and
(IIIiii) the property does not or will not require municipal provision of municipal-typeservices; or
(Bb) the property owner owns more than 850 acres of real property within the proposedtownship; and
(II) exclusion of the property will not leave within the township an island of property thatis not part of the township; and
(B) by filing a notice of exclusion within 10 days after receiving the clerk's notice underSubsection (1)(f)(i).
(iii) (A) The county legislative body shall exclude from the proposed township theproperty identified in a notice of exclusion timely filed under Subsection (1)(f)(ii)(B) if theproperty meets the applicable requirements of Subsection (1)(f)(ii)(A).
(B) If the county legislative body excludes property from a proposed township underSubsection (1)(f)(iii), the county legislative body shall, within five days after the exclusion, sendwritten notice of its action to the contact sponsor.
(g) (i) Within 45 days after the filing of a petition under Subsection (1)(c), the countyclerk shall:
(A) with the assistance of other county officers from whom the clerk requests assistance,determine whether the petition complies with the requirements of Subsection (1)(d); and
(B) (I) if the clerk determines that the petition complies with the requirements ofSubsection (1)(d):
(Aa) certify the petition and deliver the certified petition to the county legislative body;and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirementsof Subsection (1)(d), reject the petition and notify the contact sponsor in writing of the rejectionand the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (1)(g)(i)(B)(II), the petitionmay be amended to correct the deficiencies for which it was rejected and then refiled with thecounty clerk.
(h) (i) Within 90 days after a petition to establish a township is certified, the countylegislative body shall hold a public hearing on the proposal to establish a township.
(ii) A public hearing under Subsection (1)(h)(i) shall be:
(A) within the boundary of the proposed township; or
(B) if holding a public hearing in that area is not practicable, as close to that area aspracticable.
(iii) At least one week before holding a public hearing under Subsection (1)(h)(i), thecounty legislative body shall publish notice of the petition and the time, date, and place of the
public hearing:
(A) at least once in a newspaper of general circulation in the county; and
(B) on the Utah Public Notice Website created in Section 63F-1-701.
(i) Following the public hearing under Subsection (1)(h)(i), the county legislative bodyshall arrange for the proposal to establish a township to be submitted to voters residing within theproposed township at the next regular general election that is more than 90 days after the publichearing.
(j) A township is established at the time of the canvass of the results of an election underSubsection (1)(i) if the canvass indicates that a majority of voters voting on the proposal toestablish a township voted in favor of the proposal.
(k) (i) A township that was dissolved under Laws of Utah 1997, Chapter 389, isreinstated as a township under this part with the same boundaries and name as before thedissolution, if the former township consisted of a single, contiguous land area.
(ii) Notwithstanding Subsection (1)(k)(i), a county legislative body may enact anordinance establishing as a township under this part a former township that was dissolved underLaws of Utah 1997, Chapter 389, even though the former township does not qualify to bereinstated under Subsection (1)(k)(i).
(iii) A township reinstated under Subsection (1)(k)(i) or established under Subsection(1)(k)(ii) is subject to the provisions of this part.
(l) A township established under this section on or after May 5, 1997, may use the word"township" in its name.
(2) The county legislative body may:
(a) assign to the countywide planning commission the duties established in this part thatwould have been assumed by a township planning commission designated under Subsection(2)(b); or
(b) designate and appoint a planning commission for the township.
(3) (a) An area within the boundary of a township may be withdrawn from the townshipas provided in this Subsection (3).
(b) The process to withdraw an area from a township is initiated by the filing of apetition with the clerk of the county in which the township is located.
(c) A petition under Subsection (3)(b) shall:
(i) be signed by the owners of private real property that:
(A) is located within the area proposed to be withdrawn from the township;
(B) covers at least 50% of the total private land area within the area proposed to bewithdrawn from the township; and
(C) is equal in value to at least 33% of the value of all private real property within thearea proposed to be withdrawn from the township;
(ii) state the reason or reasons for the proposed withdrawal;
(iii) be accompanied by an accurate plat or map showing the boundary of the contiguousarea proposed to be withdrawn from the township;
(iv) indicate the typed or printed name and current residence address of each ownersigning the petition;
(v) designate up to five signers of the petition as petition sponsors, one of whom shall bedesignated as the contact sponsor, with the mailing address and telephone number of eachpetition sponsor;
(vi) authorize the petition sponsor or sponsors to act on behalf of all owners signing thepetition for purposes of the petition; and
(vii) request the county legislative body to withdraw the area from the township.
(d) Subsection 10-2-101(3) applies to a petition to withdraw an area from a township tothe same extent as if it were an incorporation petition under Title 10, Chapter 2, Part 1,Incorporation.
(e) (i) Within 45 days after the filing of a petition under Subsection (3)(b), the countyclerk shall:
(A) with the assistance of other county officers from whom the clerk requests assistance,determine whether the petition complies with the requirements of Subsection (3)(c); and
(B) (I) if the clerk determines that the petition complies with the requirements ofSubsection (3)(c):
(Aa) certify the petition and deliver the certified petition to the county legislative body;and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirementsof Subsection (3)(c), reject the petition and notify the contact sponsor in writing of the rejectionand the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (3)(e)(i)(B)(II), the petitionmay be amended to correct the deficiencies for which it was rejected and then refiled with thecounty clerk.
(f) (i) Within 60 days after a petition to withdraw an area from a township is certified, thecounty legislative body shall hold a public hearing on the proposal to withdraw the area from thetownship.
(ii) A public hearing under Subsection (3)(f)(i) shall be held:
(A) within the area proposed to be withdrawn from the township; or
(B) if holding a public hearing in that area is not practicable, as close to that area aspracticable.
(iii) Before holding a public hearing under Subsection (3)(f)(i), the county legislativebody shall:
(A) publish notice of the petition and the time, date, and place of the public hearing:
(I) at least once a week for three consecutive weeks in a newspaper of general circulationin the township; and
(II) on the Utah Public Notice Website created in Section 63F-1-701, for threeconsecutive weeks; and
(B) mail a notice of the petition and the time, date, and place of the public hearing toeach owner of private real property within the area proposed to be withdrawn.
(g) (i) Within 45 days after the public hearing under Subsection (3)(f)(i), the countylegislative body shall make a written decision on the proposal to withdraw the area from thetownship.
(ii) In making its decision as to whether to withdraw the area from the township, thecounty legislative body shall consider:
(A) whether the withdrawal would leave the remaining township in a situation where thefuture incorporation of an area within the township or the annexation of an area within thetownship to an adjoining municipality would be economically or practically not feasible;
(B) if the withdrawal is a precursor to the incorporation or annexation of the withdrawnarea:
(I) whether the proposed subsequent incorporation or withdrawal:
(Aa) will leave or create an unincorporated island or peninsula; or
(Bb) will leave the county with an area within its unincorporated area for which the cost,requirements, or other burdens of providing municipal services would materially increase overprevious years; and
(II) whether the municipality to be created or the municipality into which the withdrawnarea is expected to annex would be or is capable, in a cost effective manner, of providing serviceto the withdrawn area that the county will no longer provide due to the incorporation orannexation;
(C) the effects of a withdrawal on adjoining property owners, existing or projectedcounty streets or other public improvements, law enforcement, and zoning and other municipalservices provided by the county; and
(D) whether justice and equity favor the withdrawal.
(h) Upon the written decision of the county legislative body approving the withdrawal ofan area from a township, the area is withdrawn from the township and the township continues asa township with a boundary that excludes the withdrawn area.
(4) (a) A township may be dissolved as provided in this Subsection (4).
(b) The process to dissolve a township is initiated by the filing of a petition with the clerkof the county in which the township is located.
(c) A petition under Subsection (4)(b) shall:
(i) be signed by registered voters within the township equal in number to at least 25% ofall votes cast by voters within the township at the last congressional election;
(ii) state the reason or reasons for the proposed dissolution;
(iii) indicate the typed or printed name and current residence address of each personsigning the petition;
(iv) designate up to five signers of the petition as petition sponsors, one of whom shall bedesignated as the contact sponsor, with the mailing address and telephone number of eachpetition sponsor;
(v) authorize the petition sponsors to act on behalf of all persons signing the petition forpurposes of the petition; and
(vi) request the county legislative body to provide notice of the petition and of a publichearing, hold a public hearing, and conduct an election on the proposal to dissolve the township.
(d) (i) Within 45 days after the filing of a petition under Subsection (4)(b), the countyclerk shall:
(A) with the assistance of other county officers from whom the clerk requests assistance,determine whether the petition complies with the requirements of Subsection (4)(c); and
(B) (I) if the clerk determines that the petition complies with the requirements ofSubsection (4)(c):
(Aa) certify the petition and deliver the certified petition to the county legislative body;and
(Bb) mail or deliver written notification of the certification to the contact sponsor; or
(II) if the clerk determines that the petition fails to comply with any of the requirementsof Subsection (4)(c), reject the petition and notify the contact sponsor in writing of the rejection
and the reasons for the rejection.
(ii) If the county clerk rejects a petition under Subsection (4)(d)(i)(B)(II), the petitionmay be amended to correct the deficiencies for which it was rejected and then refiled with thecounty clerk.
(e) (i) Within 60 days after a petition to dissolve the township is certified, the countylegislative body shall hold a public hearing on the proposal to dissolve the township.
(ii) A public hearing under Subsection (4)(e)(i) shall be held:
(A) within the boundary of the township; or
(B) if holding a public hearing in that area is not practicable, as close to that area aspracticable.
(iii) Before holding a public hearing under Subsection (4)(e)(i), the county legislativebody shall publish notice of the petition and the time, date, and place of the public hearing:
(A) at least once a week for three consecutive weeks in a newspaper of generalcirculation in the township; and
(B) on the Utah Public Notice Website created in Section 63F-1-701, for threeconsecutive weeks immediately before the public hearing.
(f) Following the public hearing under Subsection (4)(e)(i), the county legislative bodyshall arrange for the proposal to dissolve the township to be submitted to voters residing withinthe township at the next regular general election that is more than 90 days after the publichearing.
(g) A township is dissolved at the time of the canvass of the results of an election underSubsection (4)(f) if the canvass indicates that a majority of voters voting on the proposal todissolve the township voted in favor of the proposal.
Amended by Chapter 90, 2010 General Session
Amended by Chapter 218, 2010 General Session