CHAPTER 1.34
ANNEXATIONS


Sections:

1.34.005 Purpose.
1.34.010 Annexations Allowed.
1.34.015 Submission of Application.
1.34.020 Form and Contents of Required Documents.
1.34.025 Public Notice.
1.34.030 Review and Approval Procedures.
1.34.035 Approval Standards.
1.34.040 Approval Guidelines.
1.34.045 Annexation Development Agreement.
1.34.050 Exactions.
1.34.055 Resubmittal of Denied Application.
1.34.060 Appeals.

1.34.005 PURPOSE.
The purpose of this Chapter is to outline the process for property owners to petition the Tremonton City Council to annex their land into the incorporated limits of Tremonton City.

1.34.010 ANNEXATIONS ALLOWED.
As part of its ongoing effort to plan and prepare for responsible growth, Tremonton City has identified territory adjacent to its present City boundaries that could at some time in the future be annexed into the incorporated limits of the City.  See Section 1.34.035

1.34.015 SUBMISSION OF APPLICATION.

A. Only property owners or their duly authorized agents shall make application for an Annexation on forms approved by the City Recorder.

B. No Annexation application shall be processed without the submission of the application, all the supporting materials as required by this Chapter, and the processing fee. Incomplete applications or applications that do not conform to all State Code requirements shall not be processed under any circumstances. The time frame for when an application shall be reviewed set by policy of the City Recorder or state law.

C. The application for Annexation approval shall include the following:

1. Three (3) full-size (24″ x 36″) copies, one (1) small-size (11″ x 17″) copy and one (1) regular-size (8½″ x 11″) copy of each sheet of the Annexation Plat.

2. All documents required in Section 1.34.020 below.

3. Payment of the applicable fee as set by Resolution of the City Council.

1.34.020 FORM AND CONTENTS OF REQUIRED DOCUMENTS.
The Annexation application and accompanied petition shall be submitted with the materials required herein. The City Recorder or City Council may determine and require that additional items not listed herein be submitted in order to evaluate the Annexation application.

A. Petition. An Annexation Petition signed by private property owners of record which cover a majority of the area to be annexed. Said owners shall also represent at least one-third (⅓) of the assessed valuation of the private aggregate properties to be annexed, as reflected on the last assessment roles.  Petition shall designate up to five (5) of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor. Each sponsor’s mailing address, phone number; a list of all property owners within the proposed annexation area, a copy of the Box Elder County Recorder’s abstract for each parcel within the proposed annexation area shall be included. Said petition shall comply with any other applicable provision of 10-2-403, Utah Code Annotated, not stated within this Chapter. If property is owned by Trust, a copy of the Trust shall be submitted.

1. Areas proposed for Annexation that contain property in an Agriculture Protection area, Industrial Protection area, or a Migratory Bird Production Area shall comply with the provisions of  10-2-403 (3) (b), Utah Code Annotated.

B. Annexation Plat. An annexation plat prepared by a surveyor licensed in the State of Utah. Annexation Plat shall show the area contiguous to the existing corporate limits of Tremonton City.

C. Electronic Files.  Electronic files of all the Annexation Plat shall be submitted.

1.34.025 PUBLIC NOTICE.
The following public notices are required with the Annexation of property into Tremonton City.

A. Annexation.  The City Recorder on behalf of the City Council, within ten (10) days after receipt of the Recorder’s Notice of Certification, the City Recorder shall publish a notice of the proposed annexation and the unincorporated area within one-half (½) mile of the area proposed for annexation at least once a week for three (3) consecutive weeks. Within twenty (20) days after the receipt of the Recorder’s Notice of Certification, the City Council shall mail written notice of the proposed annexation to each Affected Entity as defined in state law. The notice shall explain how a written protest is to be filed within thirty (30) days after the date of the City Council’s receipt of the certification notice.

B. Zoning of Annexed Property.  The Zoning Administrator shall cause the public notices as specified in Chapter 1.31 Rezoning of Property to be provided to the public.

C. Notice to Applicant. Pursuant to Utah Code Annotated 10-9a-202 the Zoning Administrator shall: notify the Applicant of the date, time, and place of each public hearing and public meeting to consider their Annexation application; provide to each Applicant a copy of each staff report, if a report is prepared, regarding their Annexation application at least three (3) business days before the public hearing or public meeting; and notify the Applicant of any final action on their Annexation application.

1.34.030 REVIEW AND APPROVAL PROCEDURES. 
Procedure for annexation is administered through the Tremonton City Recorders Office. Annexations are a Legislative Decision of the City Council.

A. Receipt of Application. The City Recorder, upon receipt of a properly prepared annexation petition accompanied by the proper Annexation Plat and shall impose such fees to recover the costs of processing said petition, as have been established by the City Council; and at that time shall place the petition on the agenda for consideration at a regular City Council meeting within fourteen (14) days of its receipt.

1. If the City annexes any land that is part of an Agriculture Protection Area or Industrial Protection Area located in the unincorporated part of the County, the City shall inform the County of the requirements of UAC 17-41-306 (3).

B. City Council’s Acceptance or Denial of Petition. The City Council shall review the annexation petition and accept or deny the petition.

C. City Recorder’s Notification.  If the City Council accepts the Annexation petition, the City Recorder shall within 30 days, certify that the petition meets the requirements of UCA 10-2-403 and send the required notices, including a written notice to the City Council.  If City Council denies the Annexation petition, the City Recorder within five (5) days after the denial shall send the required notices to the contact sponsor, Box Elder County Clerk, Box Elder County Commission and City Planning Commission Chairperson.

D.  Public Notice. The City Recorder on behalf of the City Council, within ten (10) days after receipt of the Recorder’s Notice of Certification, shall provide notice as enumerated in Section 1.34.025 of this Chapter.

E. If Protest is Filed. If a protest is filed, the Box Elder County Boundary Commission shall hold a hearing on the protest within thirty (30) days. The City Council may deny the proposed annexation at its next regularly scheduled meeting. Required notices shall be sent if the petition is denied. Upon receipt of the County Boundary Commission’s decision, the City Council may deny or approve the proposed annexation subject to the Boundary Commission’s decision.

F. Zoning and Annexation Agreement Process. If no protest is filed during the designated protest period, the Planning Commission shall proceed with rezoning procedures as required for land within the City. If the City Council desires to have an Annexation Agreement, the City Attorney shall commence with the preparation of the Agreement.

G. City Council Public Hearing. The City Council may set a public hearing, after a minimum seven (7) day notice, and consider an ordinance to grant the proposed annexation, zoning the property to be annexed into the City and Annexation Agreement (if desired by the City Council). Pursuant to Utah Code Annotated 10-9a-506 (2) if the City Council fails to assign a land use zone at the time a territory is annexed, all land uses within the annexed territory shall be compatible with surrounding uses within the municipality.

H. Recordation. The City Record shall record all necessary documents with the Box Elder County Recorder and provide all documentation necessary to the Lt. Governor’s Office to amend the incorporated boundaries of Tremonton City to include the annexed property.

I. Other Notices.  As per the Revised Ordinances of Tremonton City when any territory is approved for annexation to the City, the City Recorder shall not later than ten (10) working days after passage of an Ordinance approving the proposed annexation provide Rocky Mountain Power: (a) each site address to be annexed as recorded on the County Assessment and Tax Rolls; (b) a legal description of the proposed boundary change; and (c) a copy of the City’s Ordinance approving the proposed annexation. The notice shall be mailed to the address contained in the aforementioned reference of the Revised Ordinances.

1.34.35   APPROVAL STANDARDS. 

A. In accordance with the provisions of Utah Code Annotated 10-2-401.5, Tremonton City shall use the following standards for consideration of possible future annexations. This annexation policy declaration is intended to incorporate all of the criteria required and suggested by Sections 10-2-401.5 et seq., Utah Code Annotated.

1. Annexation Plan’s Expansion Area. Areas to be annexed shall fall within the areas designated for future annexation in the Annexation Policy Plan of Tremonton City and shown on the attached expansion area map; see Resolution No.07-01, as amended, A Resolution of Tremonton City Corporation Adopting the Tremonton City Annexation Policy Plan Boundary Change which is in the custody of Tremonton City Recorder. Even though property proposed for annexation is located within the annexation expansion area, there is no guarantee that the annexation request shall be approved by Tremonton City.

2. Unincorporated Area.  Areas to be annexed shall not be located within the corporate limits of another incorporated city.

3. Previous Petitions. Areas to be annexed shall not be part of a previously filed annexation petition that has not been either denied, accepted, or approved.

B. The Annexation shall conform to Utah Code Annotated 10-2-402. Annexation – Limitations which includes the following:

1. A contiguous, unincorporated area that is contiguous to a municipality may be annexed to the municipality as provided in this part.

2. An unincorporated area may not be annexed to a municipality unless:

a. It is a contiguous area;

b. It is contiguous to the municipality;

c. Except as provided in Utah Code Annotated 10-2-418(1)(b), annexation will not leave or create an unincorporated island or unincorporated peninsula; and

d. For an area located in a specified County with respect to an annexation that occurs after December 31, 2002, the area is within the proposed annexing municipality’s expansion area.

1.34.040 APPROVAL GUIDELINES. 
Annexation are Legislative Decisions that are based upon what the City Council determines to be within the public interest and consistent with goals and policies of the City. The guidelines contained in this section are intended to assist the City Council in rendering a decision to approve or deny a proposed Annexation.  These guidelines are advisory, and shall not be construed to expand or limit the scope of the City Council’s decision making authority and are admissible in court for any purpose other than to demonstrate that the review has been completed.

A. Character. The character of City is mixed residential, commercial, industrial, and agricultural. Areas to be annexed should be compatible with this character.

B. Logical Annexations According to Services and Taxing Districts. When feasible, Tremonton City favors annexation along boundaries of water, sewer improvements, special service districts, school districts, or other taxing entities. In consideration of the future Southeasterly boundary between the Town of Elwood and Tremonton City it is the intention of Tremonton when approached by the affected land owner(s) to annex that portion(s) of the Malad River area that contains Tremonton’s existing main sewer line.

C. Tremonton City favors:

1.   Eliminating and/or not creating islands and peninsulas of unincorporated territory;

2.   Consolidating overlapping functions of government;

3.   Promoting efficient delivery of services;

4.   Encouraging the equitable distribution of community resources and obligations; and

5. Giving consideration to the tax consequences to property owners within the area to be annexed, as well as the property owners within the municipality in order to prevent double taxation and to ascertain that the annexation will not be a tax liability to the taxpayers within the municipality.

D. Tremonton City does not favor:

1.  Annexing areas for which the City does not have the capability nor the intention to provide municipal services;

2.  Annexing territory for the sole purpose of acquiring revenue;

1.34.045 ANNEXATION DEVELOPMENT AGREEMENT.
The City Council may require an Annexation Agreement for certain annexations when the City Council feels that it is necessary to define terms relative to the annexation.  If the City Council desires to have an Annexation Agreement, the City Attorney shall prepare an Agreement.

1.34.050 EXACTIONS. 
In considering Annexation the Tremonton City Council may impose an exaction or exactions on the proposed annexation.  As a guideline for such exactions the City Council shall use the requirements of Utah Code Annotated 10-9a-508 (1) which includes: (a) an essential link exists between a legitimate governmental interest and each exaction; and (b) each exaction is roughly proportionate, both in nature and extent, to the impact of the proposed annexations.

1.29.055 RESUBMITTAL OF DENIED APPLICATION.
Where an application for a Annexation has been denied, the City Council shall not review the same amendment application within six (6) months of such denial, but may consider the proposal thereafter, but only if there is a substantial change of conditions since the earlier application or if two (2) or more members of the City Council change. A resubmitted application shall be processed in accordance with the procedure outlined above.

1.29.060 APPEALS.

A. The Appeal Authority and deadline for filing an appeal of an Annexation shall be as follows:

1. First Appeal. Person has thirty (30) days to appeal the decision of the City Council to District Court. (See Utah Code 10-9a-801)

2. Second Appeal. None.

REV 13-05
ORD 15-06