State Codes and Statutes
Statutes > Utah > Title-10 > Chapter-02 > 10-2-40710-2-407. Protest to annexation petition -- Township planning commissionrecommendation -- Petition requirements -- Disposition of petition if no protest filed.
(1) (a) A protest to an annexation petition under Section 10-2-403 may be filed by:
(i) the legislative body or governing board of an affected entity; or
(ii) for a proposed annexation of an area within a county of the first class, the owners ofprivate real property that:
(A) is located in the unincorporated area within 1/2 mile of the area proposed forannexation;
(B) covers at least 25% of the private land area located in the unincorporated area within1/2 mile of the area proposed for annexation; and
(C) is equal in value to at least 15% of all real property located in the unincorporated areawithin 1/2 mile of the area proposed for annexation.
(b) (i) A planning commission of a township located in a county of the first class mayrecommend to the legislative body of the county in which the township is located that the countylegislative body file a protest against a proposed annexation under this part of an area locatedwithin the township.
(ii) (A) The township planning commission shall communicate each recommendationunder Subsection (1)(b)(i) in writing to the county legislative body within 30 days after the cityrecorder or town clerk's certification of the annexation petition under Subsection 10-2-405(2)(c)(i).
(B) At the time the recommendation is communicated to the county legislative bodyunder Subsection (1)(b)(ii)(A), the township planning commission shall mail or deliver a copy ofthe recommendation to the legislative body of the proposed annexing municipality and to thecontact sponsor.
(2) (a) Each protest under Subsection (1)(a) shall:
(i) be filed:
(A) no later than 30 days after the municipal legislative body's receipt of the notice ofcertification under Subsection 10-2-405(2)(c)(i); and
(B) (I) in a county that has already created a commission under Section 10-2-409, withthe commission; or
(II) in a county that has not yet created a commission under Section 10-2-409, with theclerk of the county in which the area proposed for annexation is located;
(ii) state each reason for the protest of the annexation petition and, if the area proposed tobe annexed is located in a specified county, justification for the protest under the standardsestablished in this chapter;
(iii) if the area proposed to be annexed is located in a specified county, contain otherinformation that the commission by rule requires or that the party filing the protest considerspertinent; and
(iv) the name and address of a contact person who is to receive notices sent by thecommission with respect to the protest proceedings.
(b) The party filing a protest under this section shall on the same date deliver or mail acopy of the protest to the city recorder or town clerk of the proposed annexing municipality.
(c) Each clerk who receives a protest under Subsection (2)(a)(i)(B)(II) shall:
(i) immediately notify the county legislative body of the protest; and
(ii) deliver the protest to the boundary commission within five days after:
(A) receipt of the protest, if the boundary commission has previously been created; or
(B) creation of the boundary commission under Subsection 10-2-409(1)(b), if theboundary commission has not previously been created.
(d) Each protest of a proposed annexation of an area located in a county of the first classunder Subsection (1)(a)(ii) shall, in addition to the requirements of Subsections (2)(a) and (b):
(i) indicate the typed or printed name and current residence address of each ownersigning the protest; and
(ii) designate one of the signers of the protest as the contact person and state the mailingaddress of the contact person.
(3) (a) (i) If a protest is filed under this section:
(A) the municipal legislative body may, at its next regular meeting after expiration of thedeadline under Subsection (2)(a)(i)(A), deny the annexation petition; or
(B) if the municipal legislative body does not deny the annexation petition underSubsection (3)(a)(i)(A), the municipal legislative body may take no further action on theannexation petition until after receipt of the commission's notice of its decision on the protestunder Section 10-2-416.
(ii) If a municipal legislative body denies an annexation petition under Subsection(3)(a)(i)(A), the municipal legislative body shall, within five days after the denial, send notice ofthe denial in writing to:
(A) the contact sponsor of the annexation petition;
(B) the commission;
(C) each entity that filed a protest;
(D) if a protest was filed under Subsection (1)(a)(ii) for a proposed annexation of an arealocated in a county of the first class, the contact person; and
(E) if any of the area proposed for annexation is within a township, the legislative bodyof the county in which the township is located.
(b) (i) If no timely protest is filed under this section, the municipal legislative body may,subject to Subsection (3)(b)(ii), approve the petition.
(ii) Before approving an annexation petition under Subsection (3)(b)(i), the municipallegislative body shall:
(A) hold a public hearing; and
(B) at least seven days before the public hearing under Subsection (3)(b)(ii)(A):
(I) (Aa) publish notice of the hearing in a newspaper of general circulation within themunicipality and the area proposed for annexation; or
(Bb) if there is no newspaper of general circulation in those areas, post written notices ofthe hearing in conspicuous places within those areas that are most likely to give notice toresidents within those areas; and
(II) publish notice of the hearing on the Utah Public Notice Website created in Section63F-1-701.
(iii) Within 10 days after approving an annexation under Subsection (3)(b)(i) of an areathat is partly or entirely within a township, the municipal legislative body shall send notice of theapproval to the legislative body of the county in which the township is located.
Amended by Chapter 90, 2010 General Session
Amended by Chapter 218, 2010 General Session
