Utah Code § 10-2-416

Current through the 2024 Fourth Special Session
Section 10-2-416 - Commission decision - Time limit - Limitation on approval of annexation
(1)
(a) Subject to Subsections (1)(b) and (3), after the public hearing under Subsection 10-2-415(1) the boundary commission may:
(i) approve the proposed annexation, either with or without conditions;
(ii) make minor modifications to the proposed annexation and approve it, either with or without conditions; or
(iii) disapprove the proposed annexation.
(b) If a legislative body or governing board of an affected entity files a timely protest to the annexation petition in accordance with Section 10-2-407, the boundary commission, in making a decision under Subsection (1)(a), shall consider and weigh the preferences, to the extent made known during the boundary commission's proceedings, of:
(i) the person or persons who submitted the annexation petition; and
(ii) any property owner who has timely filed a protest in accordance with Section 10-2-407.
(2) The commission shall issue a written decision on the proposed annexation within 30 days after the conclusion of the hearing under Section 10-2-415 and shall send a copy of the decision to:
(a) the legislative body of the county in which the area proposed for annexation is located;
(b) the legislative body of the proposed annexing municipality;
(c) the contact person on the annexation petition;
(d) the contact person of each entity that filed a protest; and
(e) if a protest was filed under Subsection 10-2-407(1)(c) with respect to a proposed annexation of an area located in a county of the first class, the contact person designated in the protest.
(3) Except for an annexation for which a feasibility study may not be required under Subsection 10-2-413(1)(b), the commission may not approve a proposed annexation of an area located within a county of the first class unless the results of the feasibility study under Section 10-2-413 show that the average annual amount under Subsection 10-2-413(3)(a)(ix) does not exceed the average annual amount under Subsection 10-2-413(3)(a)(viii) by more than 5%.

Utah Code § 10-2-416

Amended by Chapter 478, 2023 General Session ,§ 7, eff. 5/3/2023.
Amended by Chapter 352, 2015 General Session ,§ 15, eff. 5/12/2015.
Amended by Chapter 206, 2001 General Session