Public hearing -- Notice.

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  • (1)
    • (a) If the results of the feasibility study or supplemental feasibility study meet the requirements of Subsection 10-2-416(3) with respect to a proposed annexation of an area located in a county of the first class, the commission shall hold a public hearing within 30 days after the day on which the commission receives the feasibility study or supplemental feasibility study results.
    • (b) At the public hearing described in Subsection (1)(a), the commission shall:
      • (i) require the feasibility consultant to present the results of the feasibility study and, if applicable, the supplemental feasibility study;
      • (ii) allow those present to ask questions of the feasibility consultant regarding the study results; and
      • (iii) allow those present to speak to the issue of annexation.
  • (2) The commission shall provide notice of the public hearing described in Subsection (1)(a) within the area proposed for annexation, the surrounding 1/2 mile of unincorporated area, and the proposed annexing municipality:
    • (a)
      • (i) at least two weeks before the day of the public hearing, by posting one notice, and at least one additional notice per 2,000 population within the combined area, in places within the combined area that are most likely to give notice of the public hearing to the residents within, and the owners of real property located within, the combined area, subject to a maximum of 10 notices; or
      • (ii) by mailing notice to each residence within, and to each owner of real property located within, the combined area;
    • (b) by posting notice on the Utah Public Notice Website, created in Section 63A-16-601, for two weeks before the day of the public hearing;
    • (c) by sending written notice of the public hearing to the municipal legislative body of the proposed annexing municipality, the contact sponsor on the annexation petition, each entity that filed a protest, and, if a protest was filed under Subsection 10-2-407(1)(c), the contact person;
    • (d) if the municipality has a website, by posting notice on the municipality's website for two weeks before the day of the public hearing; and
    • (e) by posting notice on the county's website for two weeks before the day of the public hearing.
  • (3) The notice described in Subsection (2) shall:
    • (a) be entitled, "notice of annexation hearing";
    • (b) state the name of the annexing municipality;
    • (c) describe the area proposed for annexation; and
    • (d) specify the following sources where an individual may obtain a copy of the feasibility study conducted in relation to the proposed annexation:
      • (i) if the municipality has a website, the municipality's website;
      • (ii) a municipality's physical address; and
      • (iii) a mailing address and telephone number.
  • (4) Within 30 days after the time under Subsection 10-2-407(2) for filing a protest has expired with respect to a proposed annexation of an area located in a specified county, the boundary commission shall hold a hearing on all protests that were filed with respect to the proposed annexation.
  • (5) At least 14 days before the date of a hearing described in Subsection (4), the commission chair shall provide notice of the hearing:
    • (a)
      • (i) by posting one notice, and at least one additional notice per 2,000 population within the area proposed for annexation, in places within the area that are most likely to give notice of the hearing to the residents within, and the owners of real property located within, the area, subject to a maximum of 10 notices; or
      • (ii) by mailing notice to each resident within, and each owner of real property located within, the area proposed for annexation;
    • (b) by posting notice on the Utah Public Notice Website, created in Section 63A-16-601, for 14 days before the day of the hearing;
    • (c) if the municipality has a website, by posting notice on the municipality's website for two weeks before the day of the public hearing; and
    • (d) by posting notice on the county's website for two weeks before the day of the public hearing.
  • (6) Each notice described in Subsection (5) shall:
    • (a) state the date, time, and place of the hearing;
    • (b) briefly summarize the nature of the protest; and
    • (c) state that a copy of the protest is on file at the commission's office.
  • (7) The commission may continue a hearing under Subsection (4) from time to time, but no continued hearing may be held later than 60 days after the original hearing date.
  • (8) In considering protests, the commission shall consider whether the proposed annexation:
    • (a) complies with the requirements of Sections 10-2-402 and 10-2-403 and the annexation policy plan of the proposed annexing municipality;
    • (b) conflicts with the annexation policy plan of another municipality; and
    • (c) if the proposed annexation includes urban development, will have an adverse tax consequence on the remaining unincorporated area of the county.
  • (9)
    • (a) The commission shall record each hearing under this section by electronic means.
    • (b) A transcription of the recording under Subsection (9)(a), the feasibility study, if applicable, information received at the hearing, and the written decision of the commission shall constitute the record of the hearing.




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