This chapter, when adopted, shall be referred to as the TOQUERVILLE CITY AMENDED ANNEXATION POLICY PLAN. (Ord. 2014.08, 12-11-2014)

This amended annexation policy plan (the "plan") is written to provide Toquerville City (the "city") with a growth plan that shall guide the development and expansion of municipal boundaries through annexation in a manner that is consistent with the city's general plan, the city's land management code, and the laws of the state. The purpose underlying the plan is to protect and enhance the private property rights of property owners within the municipal boundaries and in the unincorporated areas surrounding the city. (Ord. 2014.08, 12-11-2014)

Under Utah Code Annotated section 10-2-401.5(3), this plan must include an expansion area map, criteria that shall guide future annexation decisions, and justification for excluding certain areas from the proposed expansion area. Each of these requirements is discussed below:

   A.   Expansion Area Map: As part of the ongoing effort to plan and prepare for responsible growth within the municipal boundaries of the city, the city has identified territory adjacent to its present boundaries that may be petitioned for annexation to the city in the future. The areas proposed for possible future annexation may or may not be bordered by other municipalities. Areas petitioned for annexation must fall within the areas designated for future annexation in this amended annexation policy plan, as shown in the future expansion area map attached as exhibit A to the ordinance codified herein, and incorporated herein by this reference. All areas of possible future annexation shall be delineated on the future expansion area map ("future expansion areas").

   B.   Guiding Criteria: Pursuant to Utah Code Annotated section 10-2-401.5, the following criteria shall guide the city in deciding whether or not to grant future annexation petitions:

      1.   Character Of The Community: The current and future character of the city, as identified in the city's general plan, is mixed residential, agricultural, recreational and commercial. It is anticipated that light industry and more business will begin to move into the area with the approval and to the benefit of the city. Areas to be annexed shall be compatible with the needs of the city and its residents. Applicants for annexations shall show the city that annexation of their property will assist in the retention of the city's current and anticipated character. Even if property proposed for annexation is located within a future expansion area, there is no guarantee that the annexation petition will be approved or accepted by the city.

      2.   Need For Municipal Services In Developed And Undeveloped Unincorporated Areas: The city favors annexation of developed and undeveloped areas where there is a current need for municipal services or where there are plans for future development that, when carried out, will create a need for municipal services.

      3.   Plans For Extension Of Municipal Services:

         a.   When feasible, the city favors annexation where services can be incorporated into the existing city utilities. The city also favors annexation of property that may be developed to allow utility and transportation systems to be incorporated into a comprehensive plan for the entire area, including any master plans developed by the city as well as the city's general plan. The city shall support the Ash Creek special service district in its efforts to supply sewer services to the city and other areas within its service area. The city does not favor the annexation of areas for which it does not have the capability or intention of providing basic municipal services, such as transportation, culinary and secondary water, wastewater (sewer) removal, stormwater retention and removal, public safety services, parks and recreation services, phone, audio and video services, electrical services, and natural gas service.

         b.   In areas where municipal services are not presently extended, service shall be extended on an as needed basis at the developer's expense. All extensions of municipal services shall comply with all city ordinances and policy criteria. An annexation agreement shall be prepared between the city and future developers outlining specific requirements relating to water, sewer, transportation, electricity, telecommunications, fiber optic, and other specific improvements prior to annexation approval. Agreements will also be made prior to annexing property that has already been developed and being serviced by Ash Creek special service district and the Washington County water conservancy district. An approved annexation petition shall allow developers of the annexed property to connect to city facilities, provided all infrastructures proposed to be connected meet city specifications and comply with all applicable development and land use ordinances. When annexation is approved, the newly annexed area shall receive the following available services: fire protection; police protection; planning and zoning; maintenance of dedicated city streets; and other municipal and utility services provided by the city at the time of annexation.

      4.   Financing Of Municipal Services: The manner in which infrastructure additions are developed will have a bearing on how they are financed. The increased valuation of property and the subsequent increase in property and sales tax revenues will help increase contributions to the city general fund. This increase will help defray the added cost of providing services to the annexed areas. The costs of capital improvements, such as utilities, streets, curb, gutter and sidewalks, storm drain systems, and other improvements as shall be deemed necessary in the annexed area shall be borne by the developer as development within the areas occurs.

      5.   Estimate Of Tax Consequences To Residents Both Currently Within Municipal Boundaries And In Expansion Area: All petitions for annexation shall include an estimate of the tax consequences that the proposed annexation will have on persons or entities that reside or are located within the city's preannexation boundaries and on persons or entities who reside or are located in the areas proposed to be annexed. The city shall not approve an annexation if doing so will require an increase of the tax liability or impose double taxation on any person or entity that resides or is located in the city's preannexation boundaries, unless such person or entity also owns real property or also is located in the area proposed to be annexed. As to persons or entities that reside or are located in the areas proposed to be annexed, the city may increase the tax liability or impose new tax liabilities on such persons or entities: a) to defray the costs of providing such persons or entities with municipal services; or b) pursuant to an agreement between such persons or entities and the city.

      6.   Interests Of Affected Entities: The city is concerned about the interests of "affected entities", as that term is defined in Utah Code Annotated section 10-2-401, and shall ensure that applicants and its own staff comply with notice requirements to said persons or entities. The city shall consider all written comments from any such persons before approving any annexation petition by ordinance.

      7.   Miscellaneous Considerations: The city, in considering the approval or denial of an annexation petition, shall consider the following principals of the municipal planning and urban/rural development:

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

         b.   Consolidating overlapping functions of government entities, such as Ash Creek special service district and the Washington County water conservancy district;

         c.   Promoting efficient delivery of services; and

         d.   Encouraging the equitable distribution of community resources and obligations.

   C.   Justification For Excluding Areas Of Urban Development: There are areas within one-half (1/2) mile of the city's current boundary that contain urban development and that are excluded from the future expansion area. All of these areas, however, are already incorporated into other municipalities and, for that reason, have been excluded. (Ord. 2014.08, 12-11-2014; amd. 2014 Code)

   A.   Compliance With City Municipal Code And Land Management Code: It is the policy of the city to require development in annexed areas to comply with city standards and regulatory laws. This requirement includes the city's land management code, construction and design standards for public utilities and other uniform codes adopted by the city by ordinance (such as the international building code and international fire code) as amended from time to time.

   B.   Compliance With State Annexation Law: Any annexation petition must comply with the requirements of Utah Code Annotated section 10-2-403.

   C.   Contiguousness: Areas to be annexed must be contiguous to the corporate limits of the city at the time of submission of an annexation petition. Areas to be annexed shall not be located within the corporate limits of another incorporated city or be a part of a previously filed annexation petition that has not been denied, accepted or approved.

   D.   Sensitive Lands: It is the policy of the city to avoid development of wetlands, hillsides, critical environmental habitat areas, expansive soils, or any other environmental conditions that threaten the integrity of the city infrastructure unless, in the annexation agreement, the developer can show how he/she/it will mitigate these issues in conformance with the city ordinances, this code and federal and state regulations.

   E.   Motives For Annexation: The city shall not annex property for the sole purpose of acquiring revenues or retarding another municipality's ability to annex the same property. (Ord. 2014.08, 12-11-2014)

The city recorder, upon receipt of an annexation petition that complies with the requirements of Utah Code Annotated section 10-2-403, shall impose such fees as established by the city council to recover the costs of processing such petition. (Ord. 2014.08, 12-11-2014)

Upon successful completion of all annexation procedures set forth in section 10-4-2 of this chapter, and Utah Code Annotated section 10-2-401 et seq., the annexed property shall possess the zoning designation of multiple use 20 (MU-20). If the applicant for annexation desires to have a different zoning designation instantly upon the city adoption of an ordinance granting the requested annexation, they must follow the following procedure:

   A.   Identification Of Requested Zoning/Density: Applicants seeking a zoning designation other than MU-20 must identify in its annexation petition the target zoning designation he/she/it is seeking.

   B.   Compliance With Normal Procedures For Seeking Amendment To City Zone District Map: Once an annexation petition has been accepted (thus triggering all notice and contest periods, but before approval of an ordinance granting annexation), the city shall follow all normal procedures required by chapter 8 of this title for the modification of the city zone district map. Although the property to be annexed is not technically part of the incorporated area of the city, said compliance shall include, but is not limited to:

      1.   Payment of all zone change application fees;

      2.   A public hearing and recommendation for approval or denial of requested zoning designation by the planning commission; and

      3.   A public hearing and finding by the city council that the requested zoning designation complies with the standards set forth in subsection 10-8-3B of this title, meets with the spirit of the city's general plan and the policies set forth in this plan.

   C.   Findings Warranting Differing Zoning Designation: After conducting a public hearing, but prior to adopting any ordinance granting an annexation, the city council shall make a finding that the requested zoning designation other than MU-20 is acceptable or unacceptable, or any new modification acceptable to the city council. Applicants shall retain all rights to withdraw their annexation petition if they are unwilling to stipulate to the city council's findings as to zoning designation. If the city council finds in favor of granting a zoning designation other than MU-20, it shall expressly designate in its ordinance granting the annexation which zoning designation the property shall possess upon incorporation. (Ord. 2014.08, 12-11-2014)

The city, after public input and research, finds the following with regard to annexation:

   A.   It is not anticipated that an annexation will cause any adverse consequences to the residents currently living within the city or living within the area annexed, except that there may be temporary and/or slight reductions in general service available to current residents as a result of expansion of services into the newly annexed territory.

   B.   It is anticipated that the residents in the newly annexed territory will experience an increase in their Property Taxes due to the difference in certified tax rates between the City and the County.

   C.   It is further anticipated that as the City receives the Property Tax revenue from the newly annexed territory, the level of services for the entire community will be increased.

   D.   It is further anticipated that property owners in the newly annexed territory may experience reductions in fire and property insurance rates.

   E.   As the area continues to grow and becomes more populated, additional development planning may occur. Incorporation and consideration of these plans and development in compliance with the City's General Plans, public infrastructure master plans, the City's Land Management Code and the City's construction and design standards for public improvements, will allow a comprehensive system of infrastructure to serve future growth and development in the annexed areas. (Ord. 2014.08, 12-11-2014)

An ordinance of Toquerville City, Utah ratifying and restating Toquerville City ordinance #2015-1 and Toquerville City ordinance #2016-11 annexing certain property to be known as the wind song annexation located north by north east of Anderson Junction, and incorporating the same within the corporate boundaries of Toquerville City pursuant to the provisions of title 10, chapter 4 (annexation) of the Toquerville City Code, as amended; setting the zoning classification of said property in conformance with the recommendations of the Toquerville City Planning Commission; adopting the annexation plat map of said property; and providing for an effective date.

(Ord. 2017.06, 6-8-2017, eff. 6-8-2017)