Helper, UT Zoning Ordinance

Helper City Zoning Code

CHAPTER 18

115 ANNEXATION POLICY

§ 18.115.010 Purpose.

The purpose of this chapter is to set forth a procedure for annexing to Helper City territory which lies outside its present boundaries. Both property owners and municipal officials may use this process to facilitate desirable annexations to the city and to outline the conditions which must be complied with in accomplishing the same. Annexation decisions are legislative in nature. Consequently, the city is not required to approve a petition for annexation even though the petitioners may comply with all provisions required for annexation.

(Code 1988 § 11-14.1; Ord. 2010-5)

§ 18.115.020 General provisions.

The city council, in reviewing annexation requests and in carrying out their responsibilities and authorities with respect to the approval of annexations, shall comply with Utah state law set forth in Sections 10-2-401 through 10-2-428, Utah Code Annotated 1953, inclusive, as amended.

In addition the council shall consider the following:

Does the city desire to annex additional land?

Does the city have the capability of supplying adequate municipal services to the area proposed for annexation, such as water, sewer, electricity, police, fire and street maintenance?

Is the proposed annexation consistent with the city's general plan?

What conditions, if any, should be attached to the proposed annexation which are necessary in order to provide adequate services, protect health or safety, or are necessary for proper implementation of the general plan?

Are the petition and plat complete and have all required fees been paid?

For purposes of this part:

The owner of real property shall be the record title owner according to the records of the Carbon County recorder on the date of the filing of the petition or protest; and

The value of private real property shall be determined according to the last assessment roll for county taxes before the filing of the petition or protest.

For purposes of each provision of this chapter requiring the owners of private real property covering a percentage or majority of the total private land area within an area to sign a petition or protest the following conditions shall apply:

A parcel of real property may not be included in the calculation of the required percentage or majority unless the petition or protest is signed by:

Owners representing a majority ownership interest in that parcel; or

Fifty percent of the number of owners of that parcel, if the parcel is owned by joint tenants or tenants by the entirety;

The signature of a person signing an annexation petition or protest to an annexation in a representative capacity on behalf of an owner shall be valid only if:

The person's representative capacity and the name of the owner the person represents are indicated on the petition or protest with the person's signature; and

The person provides documentation accompanying the petition or protest that substantiates the person's representative capacity; and

Subject to subsection (C)(2)(b) of this section, a duly appointed personal representative may sign a petition or protest on behalf of a deceased owner.

(Code 1988 § 11-14.2; Ord. 2010-5)

§ 18.115.030 Limitations.

A contiguous, unincorporated area that is contiguous to Helper City may be annexed to the city as provided in this section.

An unincorporated area may not be annexed to the city unless:

It is a contiguous area;

It is contiguous to the city; and

Except as provided in HMC § 18.115.050(B), annexation will not leave or create an unincorporated island or peninsula.

The city shall not annex any unincorporated area except as prescribed by HMC § 18.115.050 or § 18.115.060.

(Code 1988 § 11-14.3; Ord. 2010-5)

§ 18.115.040 Annexation process.

Annexation of unincorporated area to Helper City shall be governed by the provisions of HMC § 18.115.050 if, and only if, the following conditions are satisfied:

The area to be annexed consists of one or more islands within, or peninsulas contiguous to, the city; and

The majority of each such island or peninsula consists of residential or commercial development; and

The area proposed for annexation requires the delivery of municipal-type services; and

Helper City has provided most or all of the municipal-type services to the area for more than one year.

Annexation of all other unincorporated area to Helper City must be initiated by petition, and shall be governed by the provisions of HMC § 18.115.060.

(Code 1988 § 11-14.4; Ord. 2010-5)

§ 18.115.050 Annexation without a petition – Notice and hearing.

Helper City may annex an unincorporated area under this section without an annexation petition if, and only if, the following conditions are satisfied:

The area to be annexed consists of one or more islands within or peninsulas contiguous to the city; and

The majority of each island or peninsula consists of residential or commercial development; and

The area proposed for annexation requires the delivery of municipal-type services; and

Helper City has provided most or all of the municipal-type services to the area for more than one year.

Helper City may annex a portion of an island or peninsula under this section, leaving unincorporated the remainder of the unincorporated island or peninsula, if in adopting the resolution of intent under subsection (C)(1) of this section, the city council determines that not annexing the entire unincorporated island or peninsula is in the city's best interest.

To annex an area under this section, the Helper City council shall:

Adopt a resolution indicating the city council's intent to annex the area, describing the area proposed to be annexed.

Provide adequate notice which meets state law.

Hold a public hearing on the proposed annexation no earlier than 60 days after the adoption of the resolution pursuant to subsection (C)(1) of this section.

Upon conclusion of the public hearing, the city council shall adopt an ordinance annexing the area proposed for annexation under this section unless, before or during the hearing, written protests to the annexation have been filed with the city recorder by the owners of private real property that:

Is located within the area proposed for annexation;

Covers a majority of the total private land area within the entire area proposed for annexation; and

Is equal in value to at least one-half the value of all private real property within the entire area proposed for annexation.

If protests are timely filed that comply with subsection (C)(4) of this section, the city council may not adopt an ordinance annexing the area proposed for annexation, and the annexation proceedings under this section shall be considered terminated.

(Code 1988 § 11-14.5; Ord. 2010-5)

§ 18.115.060 Annexation by petition.

Each proposed annexation which does not meet the conditions of HMC § 18.115.050(A) must be initiated by petition. Each such petition shall meet the following requirements:

Each petition must be filed with the Helper City recorder; and

Each petition must contain the signatures of the owners of private real property that:

Is located within the area proposed for annexation;

Covers a majority of the private land area within the area proposed for annexation; or

ii.

If the area is within an agriculture protection area created under state law, Utah Code Annotated 1953, covers 100 percent of the private land area within the area proposed for annexation; and

Is equal in value to at least one-third of the value of all private real property within the area proposed for annexation;

Each petition must be accompanied by an accurate plat or map, prepared by a licensed surveyor, of the area proposed for annexation; and

Each petition must be accompanied by proposed documents conveying required water rights to the city for each new culinary or secondary water connection to be installed in the area to be annexed; and

Each petition must designate at least one, but not more than five, of the signers of the petition as sponsors, one of whom shall be designated as the contact sponsor, and indicate the mailing address of each sponsor.

The following limitations shall also apply to each petition submitted pursuant to subsection (A) of this section:

A petition may not propose the annexation of all or any part of an area proposed for annexation to a municipality in a previously filed petition that has not been denied, rejected, or granted.

A petition may not propose the annexation of all or any part of an area that is included in a proposal of incorporation as a municipality in a request for a feasibility study under Section 10-2-125, Utah Code Annotated 1953; provided, that:

The request or petition for incorporation of the area as a municipality was filed before the annexation petition was submitted for filing; and

The request for feasibility study or incorporation petition is still pending on the date the annexation petition is submitted for filing.

If practicable and feasible, the boundaries of an area proposed for annexation shall be drawn along the boundaries of existing special districts for sewer, water, and other services, along the boundaries of school districts whose boundaries follow city boundaries or school districts adjacent to school districts whose boundaries follow city boundaries, and along the boundaries of other taxing entities:

To eliminate islands and peninsulas of territory that are not receiving municipal-type services;

To facilitate the consolidation of overlapping functions of local government;

To promote the efficient delivery of services; and

To encourage the equitable distribution of community resources and obligations.

On the date the petition is filed, the sponsors of the petition shall deliver or mail a copy of the petition to:

The Carbon County clerk; and

The chairperson of the Carbon County planning commission.

(Code 1988 § 11-14.6; Ord. 2010-5)

§ 18.115.070 Acceptance or rejection of an annexation petition or a modified petition.

The city council may:

Deny a petition filed under HMC § 18.115.060; or

Accept the petition for further consideration under this section.

If the city council denies a petition, it shall, within five days of the denial, mail written notice of the denial to the contact sponsor, the Carbon County clerk's office, and the chairperson of the Carbon County planning commission.

If the city council accepts a petition, the city recorder shall, within 30 days of that acceptance, perform the following:

With assistance of the municipal attorney and of the Carbon County clerk, surveyor, and recorder, determine whether the petition meets the applicable requirements of HMC § 18.115.060(A) and (B)(1); and

If the city recorder determines that the petition meets those requirements, certify the petition and mail or deliver written notification of the certification to the city council, the contact sponsor of the petition, the Carbon County commission, and the chairperson of the Carbon County planning commission; or

If the city recorder determines that the petition fails to meet those requirements, reject the petition and mail or deliver written notification of the rejection and the reasons for the rejection to the city council, the contact sponsor of the petition, the Carbon County commission, and the chairperson of the Carbon County planning commission.

If the city recorder rejects a petition, the petition may be modified to correct the deficiencies for which it was rejected, and may then be re-filed with the city recorder.

A signature on an annexation petition filed and subsequently rejected may be used toward fulfilling the signature requirement for the modified petition if resubmitted.

If a petition is re-filed after having been rejected by the city recorder, the re-filed petition shall be processed as a newly filed petition pursuant to HMC § 18.115.060(A).

The Carbon County clerk, surveyor, and recorder shall cooperate with and assist the Helper City recorder in the determination required by subsection (B)(1) of this section.

(Code 1988 § 11-14.7; Ord. 2010-5)

§ 18.115.080 Notice of certification, publishing, and providing notice of petition.

After receipt of the notice of certification from the city recorder required by HMC § 18.115.070(B)(2)(a), the city council shall provide adequate notice which meets Utah state law set forth in Sections 10-2-401 through 10-2-428, Utah Code Annotated 1953, inclusive, as amended.

(Code 1988 § 11-14.8; Ord. 2010-5)

§ 18.115.090 Protest to annexation petition requirements, disposition if no protest and planning commission recommendation.

A protest to an annexation petition may be filed in accordance with state law by:

The Carbon County commission; or

The board of a special district whose boundaries include part or all of the area proposed for annexation; or

The legislative body of a municipality whose boundaries are within one-half mile of the area proposed for annexation; or

The owners of private real property that:

Is located in the unincorporated area within one-half mile of the area proposed for annexation;

ii.

Covers at least 25 percent of the private land area located in the unincorporated area within one-half mile of the area proposed for annexation; and

iii.

Is equal in value to at least 15 percent of all real property located in the unincorporated area within one-half mile of the area proposed for annexation.

The Carbon County planning commission may recommend to the Carbon County commission that the county commission file a protest against a proposed annexation of an unincorporated area located within the county.

The Carbon County planning commission shall communicate each recommendation for protest in writing to the Carbon County commission, to the Helper City council, and to the contact sponsor of the petition within 30 days of the city recorder's certification of the annexation petition.

Protests to annexation petitions shall meet Utah state law set forth in Sections 10-2-401 through 10-2-428, Utah Code Annotated 1953, inclusive, as amended.

Each protest shall state each reason for the protest of the annexation petition;

The party filing a protest under this section shall, on the same date, deliver or mail a copy of the protest to the city recorder;

Each protest shall be filed with the boundary commission, or if Carbon County has not created a boundary commission, then with the Carbon County clerk; and

If Carbon County has not established a boundary commission at the time of the submission of a protest, the city recorder shall immediately notify the Carbon County commission of the protest and shall deliver the protest to the boundary commission within five days of its creation pursuant to Section 10-2-409(1)(b), Utah Code Annotated 1953;

Each protest filed by owners of private real property, pursuant to subsection (A)(1)(d) of this section, shall:

Indicate the typed or printed name and current residence address of each owner signing the protest; and

Designate one of the signers of the protest as the contact person and state the mailing address of the contact person.

If a protest to the annexation petition is filed:

The city council may, at its next regular meeting after expiration of the deadline prescribed by subsection (B)(1) of this section, deny the annexation petition; or

ii.

If the city council does not deny the annexation petition, the city council shall take no further action on the annexation petition until after receipt of the boundary commission's notice of its decision on the protest under HMC § 18.115.130.

If the city council denies an annexation petition, the council shall, within five days of the denial, send notice of the denial in writing to:

The contact sponsor of the annexation petition; and

ii.

The boundary commission; and

iii.

Each entity that filed a protest; and

iv.

If a protest was filed pursuant to subsection (A)(1)(d) of this section, the contact person indicated in the protest.

If no timely protest to the annexation petition is filed, the city council may grant the petition and, by ordinance, annex the area that is the subject of the annexation petition.

Before granting the annexation petition, the city council shall:

Hold a public hearing; and

ii.

At least seven days before the public hearing, publish notice of the hearing in a newspaper of general circulation within Helper City and within the area proposed for annexation.

(Code 1988 § 11-14.9; Ord. 2010-5)

§ 18.115.100 Feasibility consultant – Feasibility study and modifications to feasibility study.

If at its next regular meeting after expiration of the deadline prescribed by HMC § 18.115.090(B)(1), the Helper City council does not deny the annexation petition, the boundary commission shall not require a feasibility study with respect to a proposed annexation that meets the following criteria:

The annexation petition proposes the annexation of an area that is undeveloped; and

The area proposed for annexation covers an area that is equivalent to less than five percent of the total land mass of all private real property within the municipality.

If at its next regular meeting after expiration of the deadline prescribed by HMC § 18.115.090(B)(1), the Helper City council does not deny the annexation petition, and the proposed annexation does not meet the criteria of subsections (A)(1) and (2) of this section, the boundary commission shall select and engage a feasibility consultant within 45 days of:

The boundary commission's receipt of a protest, if the boundary commission had been created before the filing of the protest; or

The boundary commission's creation, if the boundary commission is created after the filing of a protest.

The boundary commission shall require the feasibility consultant to:

Complete a feasibility study on the proposed annexation and submit written results of the study to the boundary commission no later than 75 days after the feasibility consultant is engaged to conduct the study; and

Submit with the full written results of the feasibility study a summary of the results no longer than one page in length; and

Attend the public hearing required by HMC § 18.115.090(C) and present the feasibility study results and respond to questions at that hearing.

Subject to any modifications granted by the boundary commission, pursuant to this subsection (B), the feasibility study shall consider criteria as outlined in Utah state law set forth in Sections 10-2-401 through 10-2-428, Utah Code Annotated 1953, inclusive, as amended.

Within 10 days of the boundary commission's receipt of the notice pursuant to subsection (B)(2) of this section, the boundary commission shall engage the feasibility consultant that conducted the feasibility study to supplement the feasibility study to take into account the information in the modified annexation petition that was not included in the original annexation petition.

The boundary commission shall require the feasibility consultant to complete the supplemental feasibility study and to submit written results of the supplemental study to the boundary commission no later than 30 days after the feasibility consultant is engaged to conduct the supplemental feasibility study.

(Code 1988 § 11-14.10; Ord. 2010-5)

§ 18.115.110 Public hearing and notice.

The boundary commission shall comply with notices and hearings as prescribed in Utah state law set forth in Sections 10-2-401 through 10-2-428, Utah Code Annotated 1953, inclusive, as amended.

(Code 1988 § 11-14.11; Ord. 2010-5)

§ 18.115.120 Boundary commission decision – Written decision.

After the public hearing required by HMC § 18.115.090, the boundary commission may decide to:

Approve the proposed annexation, either with or without conditions;

Make minor modifications to the proposed annexation and approve it, either with or without conditions; or

Not approve the proposed annexation.

The boundary commission shall issue a written decision on the proposed annexation within 20 days of the conclusion of the hearing required by HMC § 18.115.090 and shall send a copy of the decision to:

The Carbon County commission;

The Helper City council;

The contact person on the annexation petition;

Each entity that filed a protest; and

If a protest was filed under HMC § 18.115.090(A)(1)(d), the contact person.

(Code 1988 § 11-14.12; Ord. 2010-5)

§ 18.115.130 District court review.

Review of a boundary commission decision may be sought in the district court with jurisdiction in Carbon County, by filing a petition for review of the decision within 20 days of the boundary commission's decision under HMC § 18.115.120.

The district court review shall be on the record of the hearing under HMC § 18.115.110 and may not be de novo review.

The district court shall affirm the boundary commission's decision unless the court determines that the decision is arbitrary or capricious.

(Code 1988 § 11-14.13; Ord. 2010-5)

§ 18.115.140 Denial or approval of the annexation petition.

After receipt of the boundary commission's decision on a protest under HMC § 18.115.120(B), the city council may:

Deny the annexation petition; or

If the boundary commission approves the annexation, grant the annexation petition, and by ordinance and consistent with the boundary commission's decision, annex the area that is the subject of the annexation petition.

(Code 1988 § 11-14.14; Ord. 2010-5)

§ 18.115.150 Zoning of annexed territory.

The city council may assign a zoning designation to territory annexed to the city at the time the territory is annexed.

If the city council does not designate a zone for the territory to be annexed to the city at the time it is annexed, the annexed territory shall be zoned according to the existing zone with Helper City with which it has the longest common boundary.

(Code 1988 § 11-14.15; Ord. 2010-5)

§ 18.115.160 Boundary adjustment, notice, hearing and protest.

The Helper City council may adjust its common boundaries with other municipalities as provided in this section.

The Helper City council, when intending to adjust a boundary that is common with another municipality, shall:

Adopt a resolution indicating the intent of the city council to adjust a common boundary and:

Comply with all state requirements for public hearings and notices.

Upon conclusion of the public hearing under subsection (B)(1)(b) of this section, the city council may adopt an ordinance adjusting the common boundary unless, before or during the hearing under subsection (B)(1)(b) of this section, written protests to the adjustment have been filed with the city recorder by the owners of private real property that:

Is located within the area proposed for adjustment;

Covers at least 25 percent of the total private land area within the area proposed for adjustment; and

Is equal in value to at least 15 percent of the value of all private real property within the area proposed for adjustment.

An ordinance adopted under subsection (C) of this section becomes effective when each municipality involved in the boundary adjustment has adopted an ordinance under subsection (C) of this section.

(Code 1988 § 11-14.16; Ord. 2010-5)

§ 18.115.170 Bonds not affected by boundary adjustments or annexations – Payment of property taxes.

A boundary adjustment or annexation may not jeopardize or endanger any general obligation or revenue bond.

A bondholder may require the payment of property taxes from any area that:

Was included in the taxable value of the municipality or other governmental entity issuing the bond at the time the bond was issued; and

Is no longer within the boundaries of the municipality or other governmental entity issuing the bond due to the boundary adjustment or annexation.

(Code 1988 § 11-14.17; Ord. 2010-5)

§ 18.115.180 Electrical utility service in annexed area.

If the electric consumers of the area being annexed are receiving electric utility services from sources other than Helper City, the city may not, without the consent of the electric utility, furnish its electric utility service to the electric consumers until the city has reimbursed the electric utility company which previously provided the services for the fair market value of those facilities dedicated to provide service to the annexed area.

If Helper City and the electric utility cannot agree on the fair market value, it shall be determined by the state court having jurisdiction.

(Code 1988 § 11-14.18; Ord. 2010-5)

§ 18.115.190 Conclusive presumption of annexation.

An area annexed to Helper City under this chapter shall be conclusively presumed to have been validly annexed if:

Helper City has levied, and the taxpayers within the area have paid, property taxes for more than one year after annexation; and

No resident of the area has contested the annexation in a court of proper jurisdiction during the year following annexation.

(Code 1988 § 11-14.19; Ord. 2010-5)

§ 18.115.200 Filing of plat or map – Notice requirements.

Within 30 days after enacting an ordinance annexing an unincorporated area or adjusting a boundary under this chapter, the city council shall record with the county recorder a certified copy of the ordinance approving the annexation or boundary adjustment, together with a plat or map prepared by a licensed surveyor and approved by the city council, showing the new boundaries of the affected area.

The Helper City council shall comply with the notice requirements of Section 10-1-116, Utah Code Annotated 1953.

(Code 1988 § 11-14.20; Ord. 2010-5)

§ 18.115.210 Division of municipal-type services revenues.

The Carbon County commission shall, until the date of annexation, continue:

To levy and collect ad valorem property tax and other revenues from or pertaining to the area; and

Except as otherwise agreed by the Carbon County commission and the Helper City council, to provide the same services to the area proposed for annexation as the county provided before the commencement of the annexation proceedings.

The Carbon County commission shall, after annexation, share pro rata with Helper City the taxes and service charges or fees levied and collected by the county under Section 17-34-3, Utah Code Annotated 1953, during the year of the annexation if, and to the extent that, Helper City provides, by itself or by contract, the same services for which the county levied and collected the taxes and service charges or fees.

The pro rata allocation of taxes under subsection (B)(1) of this section shall be based on the date of annexation, and the pro rata allocation of service charges and fees shall be based on the proportion of services related to the service charges and fees that remain to be rendered after annexation.

(Code 1988 § 11-14.21; Ord. 2010-5)