The statutory authority for enacting this chapter is Utah Code Annotated section 10-2-401 et seq., as amended. (2004 Code)

The purpose of this chapter is to provide requirements for dealing with potential annexation to an adjacent municipality of the unincorporated areas of the county where urban development is proposed. (2004 Code)

   A.   The county general plan provides that agricultural land should be protected against piecemeal urbanization, which would jeopardize the continued use of surrounding land for agricultural purposes.

   B.   The county general plan provides that developments of any kind located in proximity to any incorporated community should not be approved by the county until after the adjacent community has declined the opportunity to annex the area and develop the project under the umbrella of incorporation.

   C.   The county general plan provides that when developments are proposed in proximity to incorporated communities, the county should strongly insist that efforts be made to annex to the adjacent community rather than to allow development in the county.

   D.   The county has previously established policy guidelines relating to urban development in the county.

   E.   It has become necessary to amend this title to take into account the county's policy and general plan regarding the issue of urban development within the unincorporated areas of the county.

   F.   The public welfare will be served by such an amendment. (2004 Code)

The following words and phrases used in this chapter shall have the following meanings unless a different meaning clearly appears from the context:

ADJACENT MUNICIPALITY: The municipality closest to the proposed urban development.

MUNICIPALITY: A city or township.

URBAN DEVELOPMENT: A subdivision, a planned unit development, a master plan of development, a single-family dwelling, or other similar use of land for development purposes, and urban services are required.

URBAN SERVICES: Services normally provided by a municipality, specifically including, but not limited to, water, sewer, electricity, gas, garbage removal, etc. (2004 Code)

The county shall not approve a petition for urban development within a municipality's expansion area, which the municipality has identified in its adopted annexation policy plan, and has filed with the county, as provided in Utah Code Annotated section 10-2-401.5, as amended, unless the following requirements have been met:

   A.   The county has notified the municipality of the proposed urban development.

   B.   1. The municipality consents in writing to the urban development; or

      2.   a. Within ninety (90) days after the county's notification of the proposed development, the municipality submits to the county a written objection to the county's approval of the proposed development; and

         b.   The county responds in writing to the municipality's objections.

      3.   If the proposed urban development is within an agricultural zone, the county's requirements for conditional use have been met and the county has approved the conditional use.

      4.   The proposed developer signs and files with the county a letter of nonopposition to annexation in a form approved by the county.

      5.   The proposed developer shall record, as a binding document against the land, an agreement to annex to the adjacent municipality at such time as may be determined by the responsible public officials of the adjacent municipality. (2004 Code)

In the event that the municipality adjacent to the proposed urban development has adopted and filed with the county an annexation policy plan, which defines an expansion area, and the proposed urban development does not fall within the adjacent municipality's expansion area, the proposed developer shall not be required to sign a letter of nonopposition to annexation, or record a binding document against the land agreeing to annex to the adjacent municipality. (2004 Code)

In the event that the adjacent municipality to the proposed urban development has not adopted and filed with the county an annexation policy plan and, consequently, does not have an expansion area, the county shall not approve the petition for proposed urban development until the proposed developer has met the county requirements for development and one of the following has been accomplished:

   A.   If the proposed urban development is contiguous to the adjacent municipality, the proposed developer signs and files with the county a letter of nonopposition to annexation in a form approved by the county and records, as a binding document against the land, an agreement to annex to the adjacent municipality at such time as may be determined by the then public officials of the municipality.

   B.   If the proposed urban development is contiguous to the adjacent municipality, the proposed developer files with the adjacent municipality a petition for annexation.

   C.   If the proposed urban development is not contiguous to the adjacent municipality, and the county determines that the proposed urban development is in an area that is conducive to potential annexation to the adjacent municipality, the proposed developer signs and files with the county a letter of nonopposition to annexation in a form approved by the county, and records, as a binding document against the land, an agreement to annex to the adjacent municipality at such time as may be determined by the then public officials of the municipality.

   D.   If the proposed urban development is not contiguous to the adjacent municipality, the county determines that the proposed urban development is not in an area that is conducive to potential annexation to the adjacent municipality.

   E.   The adjacent municipality has, within the last twelve (12) months, declined annexation of the proposed urban development, and states in writing to the county that it has no present interest in annexing the proposed urban development.

   F.   The adjacent municipality states in writing to the county that it has no present interest in annexing the proposed urban development. (2004 Code)