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.

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.

A.

Before filing a petition, the person or persons intending to file a petition shall file with the City Recorder a notice of intent to file a petition. They shall also send a copy of the notice of intent to each affected entity, including the County.

B.

After the City Recorder receives certificate from the County that required notices were mailed out, City Recorder shall provide annexation petition for the annexation proposed in the notice of intent.

C.

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

D.

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

E.

The application for Annexation approval shall include the following:

1.

Minimum of (1) digital copy of all documents required in Section 1.34.020 below; drawings shall be a minimum size of 11" x 17".

2.

Payment of the applicable fee as set by Resolution of the City Council which shall be collected upon acceptance of the Annexation Petition by the City Council.

(Ord. No. 25-09, Exh. A, 5-20-2025)

The Notice of Intent and Petition for Annexation shall be submitted with the materials required herein. The City Recorder or Coty Council may determine and require that additional items not listed herein be submitted in order to evaluate the Annexation application.

A.

Notice of Intent. In accordance with Utah Code Annotated 10-2-806(2), a Notice of Intent shall be submitted to Coty Recorder. Each Notice of Intent shall include an accurate map of the area that is proposed to be annexed.

B.

Petition. In accordance with Utah Code Annotated 10-2-806(3), an Annexation Petition signed by private real property owners of record which cover a majority of the private land area within the area proposed for annexation. Said owners shall also represent at least one-third (1/3) of the value of the private real property within the area proposed for annexation. 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 (including parcel number, value, and number of acres) shall be included. Said petition shall comply with any other applicable provisions of 10-2-806, 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 a Migratory Bird Production Area shall comply with the provisions of 10-2-806(3)(b), Utah Code Annotated.

C.

Annexation Plat. An accurate and recordable annexation plat prepared and stamped by a surveyor licensed in the State of Utah. Annexation Plat shall meet Utah Code 10-2-806(3).

D.

Electronic Files. Electronic files of all the Annexation material including a word document of the legal description(s) shall be submitted through the online portal accessed at the City's website.

(Ord. No. 25-09, Exh. A, 5-20-2025)

Upon receipt of the documents listed in 1.34.020, the City Recorder will review and prepare the petition for the Council at the next regularly scheduled meeting of the City Council that is at least fourteen (14) days after the date the petition was filed. 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 County shall complete the requirements of UCA 17-41-306(3).

(Ord. No. 25-09, Exh. A, 5-20-2025)

Editor's note— Ord. No. 25-09, Exh. A, adopted May 20, 2025, renumbered the former §§ 1.34.025—1.34.060 as §§ 1.34.030—1.34.065 and enacted a new § 1.34.025 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

The following public notices are required with the Annexation of property into Tremonton City upon acceptance of the Petition by the City Council.

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 (1/2) 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.

D.

A Mylar of the Annexation Plat shall be submitted to the City Recorder after the Petition has been accepted by the City Council.

(Ord. No. 25-09, Exh. A, 5-20-2025)

Editor's note— Ord. No. 25-09, Exh. A, adopted May 20, 2025, renumbered the former § 1.34.025 as § 1.34.030. The historical notation has been retained with the amended provisions for reference purposes.

Procedure for annexation is administered through the Tremonton City Recorder's Office. Annexations are a Legislative Decision of the City Council.

A.

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

B.

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 Utah Code Annotated 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.

C.

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.

D.

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.

E.

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.

F.

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.

G.

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.

H.

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.

(Ord. No. 25-09, Exh. A, 5-20-2025)

Editor's note— Ord. No. 25-09, Exh. A, adopted May 20, 2025, renumbered the former § 1.34.030 as § 1.34.035. The historical notation has been retained with the amended provisions for reference purposes.

Editor's note— Ord. No. 25-09, Exh. A, adopted May 20, 2025, amended the title of § 1.34.035 to read as herein set out. The former § 1.34.035 title pertained to review and approval procedures.

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; 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.

(Ord. No. 25-09, Exh. A, 5-20-2025)

Editor's note— Ord. No. 25-09, Exh. A, adopted May 20, 2025, renumbered the former § 1.34.035 as § 1.34.040. The historical notation has been retained with the amended provisions for reference purposes.

Annexations 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 not 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.

(Ord. No. 25-09, Exh. A, 5-20-2025)

Editor's note— Ord. No. 25-09, Exh. A, adopted May 20, 2025, renumbered the former § 1.34.040 as § 1.34.045. The historical notation has been retained with the amended provisions for reference purposes.

City Staff may negotiate a Pre-Annexation Agreement for certain annexations when they feel that it is necessary to define terms relative to the annexation. This agreement, as prepared by City Staff and reviewed by the City Attorney, will be part of the Annexation as presented to the City Council for acceptance.

(Ord. No. 25-09, Exh. A, 5-20-2025)

Editor's note— Ord. No. 25-09, Exh. A, adopted May 20, 2025, renumbered the former § 1.34.045 as § 1.34.050. The historical notation has been retained with the amended provisions for reference purposes.

Editor's note— Ord. No. 25-09, Exh. A, adopted May 20, 2025, amended the title of § 1.34.050 to read as herein set out. The former § 1.34.050 title pertained to annexation development agreement.

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.

(Ord. No. 25-09, Exh. A, 5-20-2025)

Editor's note— Ord. No. 25-09, Exh. A, adopted May 20, 2025, renumbered the former § 1.34.050 as § 1.34.055. The historical notation has been retained with the amended provisions for reference purposes.

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.

(Ord. No. 25-09, Exh. A, 5-20-2025)

Editor's note— Ord. No. 25-09, Exh. A, adopted May 20, 2025, renumbered the former § 1.34.055 as § 1.34.060. The historical notation has been retained with the amended provisions for reference purposes.

A.

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

1.

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

(Ord. No. 25-09, Exh. A, 5-20-2025)

Editor's note— Ord. No. 25-09, Exh. A, adopted May 20, 2025, renumbered the former § 1.34.060 as § 1.34.065. The historical notation has been retained with the amended provisions for reference purposes.