19.22.01 General Annexation Petition Requirements and Procedures

In accordance with Utah statutory and case law, the decision whether to annex property is an inherently legislative decision. The City Council has complete legislative discretion of whether to grant or deny an annexation petition. Should the Council choose to exercise its legislative discretion in granting an annexation petition, the following requirements shall apply: 1. Developers shall provide public improvements in accordance with City ordinances. 2. Developers shall pay all applicable impact fees, service fees, and assessments in addition to the annexation fee. 3. Developers shall be subject to all other appropriate and adopted fees to offset the costs to the City. 4. The applicant shall be charged for all attorneys’ fees associated with review of the annexation and drafting of applicable documents. 5. Piecemeal annexation of individual small parcels of property is discouraged if contiguous parcels, soon to be developed, are available in order to avoid repetitious annexations. 6. Except as permitted in Utah Code § 10-2-803 et seq., no unincorporated islands or peninsulas shall be left or created by the annexation. 7. Irregular boundaries should be minimized. 8. The annexation should generally follow existing roads, property lines, easements, utilities, and power lines in order to minimize the public expense for extension of main or service lines and streets. 9. In order to facilitate the consolidation of overlapping functions of local governments, promote the efficient delivery of services, encourage the equitable distribution of community resources and obligations, and eliminate islands and peninsulas of territory that are not receiving municipal services, the boundaries of an area proposed for annexation should be drawn, where practicable and feasible, along the boundaries of existing special districts for sewer, water, and other services, along the boundaries of school districts, and along the boundaries of other taxing entities. 10. In order to provide for the orderly growth and development in the City and avoid confusion and undue cost to the taxpayers, all utility and service hook-ups shall be limited to incorporated areas of the City and shall not be made available outside the City limits. The only exception shall be those extensions which are made pursuant to agreement with other units of government under the Interlocal Cooperation Act or by specific approval of the City Council. 11. Utilities shall be extended by the developer to annexed areas as soon as practicable after annexation. By approving an annexation, the City is not committing or obligating itself to provide utility services to newly annexed or undeveloped property. 12. Extensions of service lines and utilities shall be performed by the property owner for the annexed land and shall be planned and constructed in full compliance with City ordinances. 13. Each annexation shall require a disclosure by the developer of anticipated needs of utilities and street improvements and a timetable of completion of those improvements as well as developing the project.