A.   Title: This chapter shall be entitled the ANNEXATION ORDINANCE OF ELK RIDGE CITY, UTAH, and may be so cited and pleaded. In addition, the provisions of this chapter, as may from time to time be amended, are hereby included in and shall constitute part of the development code of the city.

   B.   Intent: The intent of this chapter is to set forth a procedure consistent with Utah Code Annotated section 10-2-401 et seq., as amended, which both property owners and municipal officials may use to facilitate desirable annexations to the city and to outline the conditions which must be complied with in accomplishing the same. Annexations are legislative in nature. The city is not required to accept a petition for annexation even though the petitioners may comply with all provisions required for annexation.

   C.   Annexation Policy Plan: As per Utah Code Annotated section 10-2-401.5, the city has established and adopted a formal annexation policy plan as a part of the general plan. (Ord. 01-12-11-25, 12-18-2001, eff. 1-18-2002)

The procedure for hearings and potential approval of annexations and annexation petitions shall conform in whole to the provisions of Utah Code Annotated sections 10-2-402 through 10-2-426. (Ord. 01-12-11-25, 12-18-2001, eff. 1-18-2002)

   A.   Water Rights To Be Conveyed:

      1.   Intent: It is intended that land annexed to the city be accompanied by water rights, sufficient in amount to satisfy the needs of the existing and future occupants of the annexed territory. The water rights conveyance requirements of this section shall be considered solely as condition and requirement of annexation.

      2.   Amount Of Water Rights Required: Any person annexing land into the city shall convey to the city, at the designated time, title to water rights having both a quantity and flow which is sufficient in amount to meet the water use requirements of future development, as follows:

         a.   Residential Use Requirements: Water rights for indoor and outdoor use for each potential lot or dwelling unit shall be determined by the city using standard engineering practices and state requirements. Outdoor use will include, but not be limited to, the space contained within a building lot excluding the building footprint, hard surface patios or decks, driveway and walkway, nonirrigated areas, and roadway.

         b.   Other Use Requirements: Sufficient water to satisfy the projected needs of the development as determined by the city using standard engineering practices and state requirements. Other uses may include retail and commercial development, and parks and open spaces.

         c.   Water Rights Determination: The amount of water rights required for conveyance to the city shall be determined by:

            (1)   The terms of any concurrent annexation concept plan, if required as a condition of annexation, or

            (2)   The terms of the annexation agreement (if addressed therein), or

            (3)   The lot area requirements for the zone classification proposed for the annexation area, or

            (4)   The final proposed development plat.

         d.   Additional Water Rights: Additional water rights may be required for conveyance to the city prior to final plat approval for any deficiencies in the amount of water rights determined prior to the final proposed development plat.

      3.   Type Of Water Rights Acceptable To City: The type of water rights proposed for conveyance to the city shall be of a type which is capable of ready conversion for municipal purposes from existing city supply sources, and may include one or a combination of the following:

         a.   Irrigation Water Stock Or Water Rights: Sufficient water rights to provide the amount of water required for area after adjustment by the state engineer.

         b.   Well Rights: The right to the withdrawal of water from a well source.

         c.   In Lieu Purchase Of Surplus City Acquired Water Rights: An in lieu cash payment for the assignment of the right to utilize surplus city acquired water rights previously acquired by the city for purpose, if available. Utilization of the option shall be in accordance with the terms of the then policy regarding purchase of the surplus city acquired water rights.

      4.   City To Evaluate Rights Proposed For Conveyance: Prior to acceptance of a water right proposed for conveyance to the city, the city shall evaluate the characteristics of the right and may refuse to accept any right which it believes to be insufficient in amount or flow or not readily capable of use and conversion for municipal purposes.

         a.   Change Application: Where, in the opinion of the city council, the conversion of municipal purposes of a water right proposed for transfer is uncertain, the city may require that a change application, quantifying the amount of water and approving its use for municipal purposes, shall have been submitted and approved by the state engineer.

         b.   Statement Of Agreement From Irrigation Company: In addition, where the proposed right consists of shares of stock in an irrigation company, the city may require that the applicant also provide a statement from the irrigation company agreeing to the conversion of the shares for municipal purposes.

      5.   Exceptions And Adjustments To Water Rights Conveyance Requirements:

         a.   Lands Restricted Against Future Development: Where the annexation contains lands which, as a result of topographic extremes or other unique conditions, will be permanently restricted from development or other activity requiring the use of city provided water, the city may waive the water rights conveyance requirements; provided, that the restriction against future use of water is secured through the deeding of the development rights to the public or other legal device acceptable to the city.

         b.   Lands Owned By Nonsignatory Owners: Whenever land is annexed without the consent of the owner, the conveyance of water rights by the nonsignatory owners will not be required at the time of annexation; provided, however, that the ordinance annexing the territory shall note all parcels annexed without the owner's consent and shall provide that future development of these lands will require the conveyance of water rights prior to the granting of any approval of development or the issuance of a building permit. The city may also file a notice of interest to the effect for each parcel so annexed, and may maintain a map showing all parcels which have been annexed without satisfying the water rights requirements. (Ord. 11-05, 5-24-2011, eff. 6-9-2011)

         c.   Existing Uses: The city council may allow the conveyance of only the necessary water required to serve the existing uses based upon the city's calculated needs if:

            (1)   It can be shown that the area is built out, or

            (2)   The landowner has no water beyond what is necessary to serve the land in its current use and is not proposing to alter the existing use or develop the land to a more intensive use at the time of annexation.

      6.   Time Of Conveyance: The conveyance of title to water rights to the city shall occur:

         a.   Prior to the recording of the annexation for the necessary water to serve existing uses, and

         b.   Prior to final plat approval for new development. (Ord. 14-1, 3-11-2014)

   B.   Conveyance Of Land For Park Or Other Public Purpose:

      1.   Intent: It is the intent of this subsection to provide a method whereby the city may acquire such lands, or interest therein, as are considered necessary to adequately accommodate the needs of existing and subsequent occupants of the land proposed for annexation, and also the general public, for street, park, trail, flood control and/or other similar purpose. Any conveyance of land, or interest therein to the city pursuant to this subsection, shall be considered solely as a condition and requirement of annexation, except as provided under subsection B4 of this section.

      2.   Conveyance Of Land May Be Required: All persons annexing territory to the city shall, as a condition of annexation, convey to the city fee title (or easement where applicable) to such lands as are determined essential for street, park and open space, trails, flood control, fire control, and similar purposes.

      3.   Time Of Conveyance: For all parcels signatory to the petition, the conveyance of the title to lands shall occur prior to the time of recording the annexation plat.

      4.   Conveyance To Be Consistent With Impact Fee Ordinance: Where the land conveyed pursuant to the terms of this subsection is for a purpose included within the terms of the city's impact fee ordinance, the conveyance shall be accounted for and credited to the owner as an offset against the impact fee, pursuant to the terms of said impact fee ordinance.

   C.   Annexation Agreement Authorized; Approved By Council:

      1.   Annexation Agreement: In order to more fully implement the terms, conditions and understandings in connection with an annexation of land to the city, the city council may, but under no circumstances is required to, enter into agreements hereinafter to be known as annexation agreements between the applicant (and any successor in interest) and the city, and shall contain such terms and conditions as agreed to as conditions of annexation. (Ord. 01-12-11-25, 12-18-2001, eff. 1-18-2002)

      2.   Legal Review; Negotiations: The mayor, city attorney, zoning administrator, city planner, city engineer and/or any member of the city council, when authorized to do so by said body, may negotiate the terms and conditions of annexation agreements on behalf of the city; provided, that all annexation agreements shall be reviewed for legal sufficiency by the city attorney and submitted to the planning commission for its review and recommendation thereon prior to a final approval or disapproval by the city council. (Ord. 01-12-11-25, 12-18-2001, eff. 1-18-2002; amd. 2003 Code)

   D.   Other Conditions: The city council may attach other conditions, as it may deem to be necessary for the general welfare of the city, as a prerequisite to the annexation of any land. (Ord. 01-12-11-25, 12-18-2001, eff. 1-18-2002)

The applicant shall be responsible for the costs of processing annexation requests as set forth below:

   A.   Petition Review And Processing Fee: A petition review and processing fee in an amount as may be fixed by resolution of the city council shall be submitted to the city recorder with each annexation request.

   B.   Annexation Plat Preparation Fee: In the event that the annexation plat for a specific annexation petition is prepared by the city, the city shall be entitled to assess the costs incurred in the preparation thereof to the petitioners.

   C.   Protest Study Fee: In the event that an annexation petition is protested and requires the appointment of a feasibility consultant and preparation of a feasibility study by the boundary commission, the city shall assess the costs incurred by the city in the conduct of the feasibility study upon the petitioners. (Ord. 01-12-11-25, 12-18-2001, eff. 1-18-2002)