Kanab, Utah Ordinance
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Annexation PolicySection 1 Annexation Policy Declaration |
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In accordance with the provision of 10-2-4-, Utah Code Annotated, all municipalities within the State, except Salt Lake County, are required to adopt an Annexation Policy Plan. The cities are required to develop an "expansion area" map and/or plan for the future growth of the community for the next 20 years. The annexation area plan shall incorporate the long range planning objectives contained in the general plan of the community and shall represent a graphic illustration/representation of the areas that the city intends to provide service to within the 20-year period.
The Annexation Policy Plan is created by the City to guide decision making regarding future annexations. It also helps the City plan for future expansion in conjunction with neighboring political entites. Open communication and coordination, between the City and other political entities, particularly the County, is a priority in the process of developing the Annexation Policy Plan.
EXPANSION AREA MAP
20-Year Growth Boundary
The City shall adopt and maintain an expansion area map that represents the 20-year growth boundary which includes territories outside, but adjacent to, the community that may be annexed into the City. This map is consistent with the Kanab City Future Land Use Map. These areas are not bordered by another municipality. Even though the proposed properties may lie within the expansion area, there is no guarantee that the annexation request will be approved by the City. The petition for annexation may require additional requirements than those contained in the current Annexation Policy Plan.
Areas to be annexed must be contiguous to the corporate limits of Kanab City at the time of submission of the annexation request.
Kanab City shall avoid gaps between or overlaps with the expansion areas of other municipalities.
Proposed annexations will not be approve if they create an island or peninsula, as described in the State Code, of the unincorporated area.
ANNEXATON POLICY
The following is a statement of the criteria Kanab City will use in determining whether or not to approve future annexation proposals.
1. CHARACTER OF THE COMMUNITY
Kanab is a beautiful small town surrounded by striking vermillion cliffs. It is centrally located at the hub of four major national parks: The North Rim of the Grand Canyon to the South; Bryce National Park about 70 miles to the North; Zion National Park to the West about 40 miles and Lake Powell Recreation Area is 70 miles to the East.
Recently Kanab City has experienced unprecedented residential development. Several medium and large scale subdivisions are on the horizon. Kanab's growth is mainly due to the influx of retirees. Growth and tourism have created a demand for additional service type businesses with a limited work force. Kanab City officials recognize the need and demand for affordable housing to accommodate an adequate employee base.
Kanab has a large area within its city limits that is undeveloped. However, during recent years, significant development has taken place in the County to the east of Kanab extending to Johnson Canyon. There is a high possibility of annexation of county developed lands before the build out of existing city lands. Kanab City Planning and Zoning and the City Council recognize a need for compatible development in this area. It is very important that Kanab City policies related to growth and annexation support the Kanab City General Plan, Land Use Ordinance and ensure a balanced tax base. Diversification of commercial, industrial, and residential uses is essential for future development.
Kanab City's development patterns are somewhat unique to other areas in Kane County. The Kane County water Conservancy District has developed and continues to develop water in the Johnson Canyon area to meet current and future needs of growth. It is very important that Kanab City take a long—range view, at least 20 years if not longer, at the potential for expansion. The possibility of annexation of developable areas outside Kanab City limits is very likely during this time period. At the same time, it needs to be in areas the City can efficiently extend municipal services. It is vital that costs associated with growth do not place a higher tax burden on local residents.
POLICY STATEMENTS:
DEVELOPMENT IN ANNEXED AREAS CONSISTENT WITH THE CITY PLANS
Kanab City has adopted City Plans for future development in those extraterritorial areas of interest for future annexation as indicated in this Policy Plan. These City Plans define proposed land uses as well as the nature and density of development desired in each particular area. Any proposed development in an area to be annexed must be consistent with the City Plans and Code notwithstanding the said City Plans may be amended from time to time as deemed necessary and appropriate.
POLICY STATEMENT:
PLANNING AND ZONING COMMISSION TO REVIEW ANNEXATION
In order to facilitate orderly growth and development in Kanab City, the Planning Commission shall review all proposed annexations and make recommendations to the City Council as set forth in the State Statute.
POLICY STATEMENT:
ANNEXATION To BE CONSIDERED ONLY IN AREAS OF POTENTIAL URBAN SERVICE
Kanab City's policy is to consider annexation only in those areas where the City has the potential to provide urban service (either directly or through inter—local cooperative agreement) These areas may include locations served or to be served by urban services.
POLICY STATEMENT:
ISLANDS AND PENINSULAS OF UNINCORPORATED AREAS TO BE ANNEXED
Kanab City encourages islands and peninsulas to become annexed to Kanab City. As provided for by State Code, Kanab City may consider providing services for up to one year. Kanab City may, upon the initiative of the City Council and without receipt of a petition therefore, extend its corporate boundaries to include such territory, notwithstanding filing of a written protest for such annexation as provided by law. It is the intent of Kanab City to exercise their initiative in this regard.
II. MUNICIPAL SERVICES IN UNDERDEVELOPED AND UNINCORPORATED AREAS
In the past, Kanab City has had limited extension of urban services in the unincorporated areas. A fundamental policy is that if someone desires urban services, they should be annexed into the City. In most of the residential areas, urban services have been extended. In the commercial areas along Highway, there has been a limited amount of municipal services provided. Full service needs to eventually be extended as the areas further develop.
POLICY STATEMENT:
IMPROVEMENT DISTRICT BOUNDARIES
Where feasible, the City favors annexation along the boundaries of water and sewer improvements or special service districts and may include portions of or all of said districts.
III. PLAN FOR EXTENSION OF MUNICIPAL SERVICES
The plan for extension of municipal services is represented in the General Plan and/or the Master Plan for Public Facilities. These two adopted policy documents are developed around the future land use development map which includes the 20-year growth boundary. An important component of this extension of municipal services is the ability of the City to effectively serve these areas:
POLICY STATEMENT:
HIGH QUALITY MUNICIPAL SERVICE TO BE PROVIDED
It is the policy of Kanab City to extend a high quality of municipal services delivered efficiently throughout the City, including areas of annexation. Further, the City promotes the equitable distribution of community resources and obligations. Such services may be provided directly by Kanab City, through interlocal cooperative service agreements, or through creation of such special improvement districts as determined by Kanab City to be in the best public interest of its citizens.
POLICY STATEMENT:
COMPLIANCE WITH STANDARDS AND REGULATIONS
It is the policy of Kanab City to require development in annexed areas to comply with City standards and regulatory laws. This includes the City's Building Code, subdivision and Zoning Ordinance, and Construction Standards for street width, curbs, gutter, sidewalks, street lighting, road signs, and other utilities/infrastructure.
POLICY STATEMENT:
AVOID ENVIRONMENTALLY SENSITVE AREAS
It is the policy of the City to avoid development of wetlands, hillsides, critical environmental habitat areas, expansive soils, or any other environmental conditions that threaten the integrity of the City infrastructure unless, in the annexation agreement, the developer can show how they will mitigate these issues in conformance with the City Ordinances, Code and Federal and State Regulations.
IV. FINANCING SERVICES:
It has been a fundamental policy of the City that developments finance their extension of municipal services. Impact fees derived from the development may fill some of the gaps in providing services to the developed areas; but development within expanded areas must be the primary responsibility of the developer or property owner.
POLICY STATEMENT:
MUNICIPAL SERVICES ON AN AS-NEEDED BASIS
Where feasible, the City favors annexation along the boundaries of water and sewer improvements or special service districts and may include portions of or all of said districts.
POLICY STATEMENT:
ANNEXATION AGREEMENT
An annexation agreement, which will be recorded, will be prepared between the City and property owners outlining specific circumstances relating to water, sewer, and streets, and other specific improvements after review by the Planning Commission, and prior to final annexation approval by the City Council.
Water rights of the type and quantity acceptable to Kanab City that can be utilized for underground water rights, culinary, secondary, shall be required to be conveyed to Kanab City as a condition of development, subdivision approval, or issuance of a building permit on property annexed into the Kanab City limits.
It is the intent that land annexed to Kanab City be accompanied by water rights sufficient to accommodate the needs of the existing and potential occupants of said land when development occurs. The water rights conveyance requirements of developments shall be in addition to any requirement that may be imposed upon development of land after annexation and in addition to appropriate Kanab City impact fees.
Water requirements, as referenced by the previous paragraphs, will be established on a case by case basis utilizing, among other things, Division of Drinking Water Standards. Specific requirements will be contained in the annexation agreement; but the general guideline of one (1) acre foot of water per residential building permit will be a minimum standard.
The annexation will allow developers of the annexed property access to culinary water, sewer, and other services. In accordance with the Utah Code and Kanab City Code, all developments are required to meet City Specifications, comply with all applicable development ordinances, and ensure all improvements are installed pursuant to Kanab City Standards.
POLICY STATEMENTS:
EXTENSION OF ROADS, STREETS AND OTHER VITAL PUBLIC FACILITIES
As a condition of annexation, developments may be required to extend streets, water and sewer, and other vital public facilities. Consistent with the Kanab City Public Facilities Master Plan development of improvements shall be extended to the edge of property lines.
V. ESTIMATE OF TAX CONSEQUENCES:
The following is an estimate of tax consequences to residents both currently within the municipal boundaries and in the expansion area.
It is anticipated that areas annexed into the City will increase in value, and the tax assessment on newly developed areas, along with impact fees, development fees, and additional revenue assessments will generate revenue to help support the new services. However, the City needs to constantly monitor and advocate for a balanced tax base through economic promotion and development arid by encouraging commercial and service industry.
POLICY STATEMENT:
REVENUE AND ANNEXATION
Consistent with State law, it is not Kanab City's intent to annex territory for the sole purpose of acquiring revenue. However, it is important for a community like Kanab City to maintain a balanced tax base.
POLICY STATEMENT:
AVOIDING DOUBLE TAXATION
At the time of the proposed annexation the City will give consideration to the tax consequences to property owners within the area proposed for annexation, as well as the property owners within the municipality, in order to prevent double taxation and to ascertain the annexation will not be a tax liability to tax payers within the municipality.
VI. INTERESTS Of AFFECTED ENTITIES
The affected entities are municipalities, the school district, special service districts and County government. Input from affected entities shall be requested. After a draft Annexation Policy Plan is developed, or amendments are incorporated thereto, affected entities will be notified. Each Petition for Annexation shall include a concept plan. What is required in the concept plan at the time of filing the Petition for Annexation is limited to the best knowledge of the Petitioner at the time of said filing. This requirement to submit a concept plan with the petition, shall in no way limit or restrict changes, amendments, alterations or modifications to said concept plan throughout the annexation and development process and may be desired either by the Petitioner, Developer, Planning Commission or City Council.
It is important that both the school district and the County be notified of the policies and guidelines for annexation. The school district should coordinate their future development and facility needs consistent with the growth plans for the City. The County should have growth policies that reinforce and are complementary to the City's growth policies so that a cooperative and coordinated development within the County and City occur.
POLICY STATEMENT
ANNEXATION OF SCHOOLS
Due to their neighborhood character, annexation of schools will be considered when the immediate neighborhoods served by the school are annexed into Kanab City.
POLICY STATEMENT:
COMPLY WITH CITY STANDARDS
It is the desire of Kanab City that, in the event that parcels of land within the expansion area are developed and are not at the time able to be annexed into the City, such development will be consistent with Kanab City standards and specifications for streets and public facilities and the County will refer all developments to the City for review and recommendations.
VII. ANNEXATION ANALYSIS
During the annexation process, and prior to referral to the City Council by the Planning Commission, the Planning Commission shall evaluate the following items where applicable and may require additional items from the petitioner, if deemed necessary.
1. Property Features
Map(s) and documents showing the features on and surrounding the property, including present and proposed City boundaries, existing land use, proposed zoning, existing buildings, location of existing septic tanks and culinary wells, existing and proposed water, pressurized irrigation canals and sewer mains and proposed extensions, existing streets and public areas, acreage of property to be annexed, existing utility service providers (including culinary water, sewer, pressurized irrigation, special districts, and/cr other municipal service providers)
2. Service Needs Assessment
The applicant shall provide maps and documents listing and describing in detail those City services that must be expanded to meet the needs of the proposed annexation. Future services needed to adequately serve the proposed annexation should be estimated for the following: 1. Police protection (personnel, equipment, and police stations), 2. Fire protection (personnel, equipment, hydrants, fire stations), 3. Public works (additional street lighting, maintenance, construction, garbage collection, street mileage), 4. Parks and recreation (additional park acreage, recreational programs, new facilities), 5. Water (water main construction, maintenance, replacement of old lines, valid water rights) , 6. Sewers (new interceptor lines, additional treatment plan costs and capacity constraints, pump station costs to maintain) and 7. Storm drainage (retention vs. detention, connection to existing storm drain systems, flood channels, and outlets)
3. Proposed Services
City Costs and Revenue
The cost of development statement should include the additional cost incurred by the City for all services provided by the City resulting from the proposed annexation and development. The petitioner should also provide a summary statement of all anticipated building permits, impact fee, sales tax, property tax, and other public revenue generation resulting from the project at build out. This analysis should also include the number of proposed residential, commercial, and industrial units, estimated population at build out of proposed annexation area, current assessed industrial units, estimated population at build out of proposed annexation area, current assessed valuation of the proposed annexation area and anticipated assessed valuation at build out, and a summary statement of any financial commitments bound to the property by a Special Service District.
Plan of Services for Proposed Annexation Area
If the property can be serviced with City services only through the future construction of onsite or offsite facilities, the City may negotiate terms and a time frame with the developer for the construction of these services through an annexation agreement with the developer. The annexation analysis should serve as a guide for the City in its decision as to the form, extent, and content of the annexation agreement.
The following are definitions added to the new annexation statute:
1. "Affected Entity:" A county in whose unincorporated area, the area proposed for annexation is located; and independent special district under Title 17A, Chapter 2, Independent Special Districts, whose boundaries include any part of any an area proposed annexation; a school district whose boundaries include any part of an area proposed for annexation.
2. "Expansion Area:" the unincorporated area that is identified in an annexation policy plan as the area that the City anticipates annexing in the future.
3. "Specified County:" a county of the second, third, fourth, fifth, or sixth class.
4. "Urban Development:" A housing development with more than 15 residential units and an average density greater than one residential unit per acre; or a commercial or industrial development for which cost projections exceed $750,000 for all phases.
SECTION VIII: MISCELLANEOUS:
1. Severability. If any section, subsection, paragraph, clause or phrase of this Annexation Policy Plan shall be declared invalid for any reason, such decision shall not affect the remaining portions of this Annexation Policy Plan, which shall remain in full force and effect, and for this purpose, the provisions of this Annexation Policy Plan are declared to be severable.
2. Interpretation. This Annexation Policy Plan has been divided into sections, subsections, paragraphs and clauses for convenience only and the interpretation of this Annexation Policy Plan shall not be affected by such division or by any heading contained herein.
3. Repealer. All Annexation Policy Plans established, including amendments and modifications to previously existing Annexation Policy Plans, after the effective date of this Ordinance shall comply with the requirements of this Annexation Policy Plan.
SECTION IX. EFFECTIVE DATE:
The Kanab City Council specifically finds that it is necessary for the immediate preservation of the health, safety and welfare of the present and future inhabitants of the City that this ordinance take effect immediately, and therefore this ordinance shall take effect immediately after passage by the City Council and subsequent publication and posting as required by law.
Passed and ordered posted this 24th day of April 2007.

