Annexation Policy Plan

A. General Annexation Criteria of Tremonton City.

In accordance with the provisions of 10-2-401.5, Utah Code Annotated, the City of Tremonton hereby adopts the following criteria 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. 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 a part of Tremonton City. The areas proposed for future annexation is both bordered and non-bordered by other municipalities. Areas to be annexed must fall within the areas designated for future annexation in the Annexation Policy Plan of Tremonton City and shown on the attached expansion area map. Even though property proposed for annexation is located within the annexation expansion area, there is no guarantee that the annexation request will be approved by Tremonton City.

2. The character of the community is mixed residential, commercial, industrial, and agricultural. Areas to be annexed should be compatible with this character.

3. Areas to be annexed must be contiguous to the corporate limits of Tremonton City at the time of submission of an annexation request.

4. Areas to be annexed shall not be located within the corporate limits of another incorporated city or be part of a previously filed annexation petition that has not been either denied, accepted, or approved.

5. Tremonton is concerned about the interests of all affected entities and has considered written comments from affected entities in finalizing this document. When feasible, the 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.

The city also favors (a.) eliminating and/or not creating islands and peninsulas of unincorporated territory; (b.) consolidating overlapping functions of government; (c.) promoting efficient delivery of services; (d.) encouraging the equitable distribution of community resources and obligations; and (e.) 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.

The city does not favor the annexation of areas for which it does not have the capability nor the intention to provide municipal services.

6. It is not Tremonton City’s intent to annex territory for the sole purpose of acquiring revenue.

7. There has been no exclusion of urban development within this policy plan. No urban developments, as defined in 10-2-401.(1)(i) UAC, exist within ½ mile of the municipality’s boundary.

8. The annexation petition must comply with the requirements of Section 10-2-403, Utah Code Annotated.

B. Procedures for submission of an annexation request.

The following steps reflect a general summary of the requirements and procedures for processing an annexation request in Tremonton City:

1. An annexation petition accompanied by an annexation plat must be submitted to the City Recorder. Said petition shall:
(a) be 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 (1/3) of the assessed valuation of the private aggregate properties to be annexed, as reflected on the last assessment roles.
(b) represent an area contiguous to the existing corporate limits of Tremonton City and shown to be within the areas designated for annexation in the Annexation Policy Plan of Tremonton City.
(c) include an annexation plat prepared by a surveyor licensed in the State of Utah.
(d) 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 shall be included.
(e) comply with any other applicable provision of 10-2-403, Utah Code Annotated, not stated within.

2. The City Recorder, upon receipt of a properly prepared annexation petition accompanied by the proper plat 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 days of its receipt.

3. The City Council shall review the annexation petition and accept or deny the petition.

4. If accepted, the City Recorder shall within 30 days, certify that it meets the above requirements and send the required notices, including a written notice to the City Council. If denied, the City Recorder shall send the required notices.

5. The City Council, within ten (10) days after receipt of the recorder’s notice of certification, shall publish a notice of the proposed 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 must 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 Councils’s receipt of the certification notice.

6. If no protest is filed during the designated protest period, the City Council may set a public hearing, after a minimum 7-day notice, and consider an ordinance to grant the proposed annexation. If a protest is filed, the 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 will be sent if the petition is denied.

7. 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.

C. Extension of Needed Municipal Services in Developed and Developing Unincorporated Areas and Payment of the Same.

1. In areas where municipal services are not presently extended, services will be extended on an as-needed basis at the cost of the developer. All extensions of municipal services must comply with all city ordinance and policy criteria and will be paid for by the individual developer or property owner.

2. An annexation agreement will be prepared between the city and future developers outlining specific circumstances relating to water, sewer, streets, electricity, telecommunications, fiber optic/broadband, and other specific improvements prior to annexation approval.

Water rights, of the type and quantity acceptable to Tremonton City, that can be utilized for underground water rights (culinary, secondary) shall be required to be conveyed to Tremonton City as a condition of development, subdivision approval or issuance of a building permit on property annexed into the Tremonton City limits. It is the intent that land annexed to Tremonton City be accompanied by water rights sufficient to accommodate the needs of the existing and potential occupants of said land when development occurs. The water rights conveyance requirements of development shall be in addition to any requirement that may be imposed upon development of the land after annexation and in addition to appropriate Tremonton City impact fees. Water requirements, as referenced by the previous paragraph, will be established on a case by case basis utilizing, among other things, Division of Drinking Water standards. Specific requirements will be contained in the annexation agreement, but the general guideline of one (1) acre foot of water per residential building permit will be a minimum standard.
The annexation will allow developers of the annexed property access to culinary water, sewer, and other services, provided all developments meet City specifications and comply with all applicable development ordinances and all improvements are installed pursuant to Tremonton City Standards.

The manner in which these amenities are developed will have a bearing on how they will be financed. Property taxes with increased valuation of property and sales tax will contribute to the general fund to help defray the added expenses the city may incur by annexing these properties. In summary, the newly annexed developing areas shall finance the extension of needed municipal services, such as new utilities, streets, curb and gutters, sidewalks, and other capital improvements as development occurs.

Upon annexation, the newly annexed areas shall receive the following services:

a) Fire Protection
b) Police Protection
c) Planning and Zoning
d) Snow removal and Street maintenance on deeded dedicated streets
e) Curb side garbage collection
f) Other Services provided by the City

It in not anticipated that the annexation will cause any adverse consequences to the residents in the city or in the area annexed, except there may be a slight reduction in general services to the city residents in the present city limits as general services are expanded into the newly annexed territory.

It is anticipated that the residents in the territory to be annexed will experience an increase in their property tax because of the difference in the certified tax rates in the County and Tremonton City. It is further anticipated that as newly annexed territory property taxes are received by the city, the city will increase the total level of services within the total community. Additionally, persons in the newly annexed territory may experience reductions in their fire insurance rates and property insurance rates.

As areas grow and become more populated, the demand and need for services increase. Once this policy plan is adopted and areas begin to develop, continual planning by Tremonton City will allow development to occur in an economical manner, since homes, buildings, streets, and other amenities will be developed in accord with Tremonton City specifications. The plan and time frame for the extension of municipal services will be determined by the interest of the property owners to subdivide and develop their property.