2006 Utah Code - 17-27a-306 — Townships.

     17-27a-306.   Townships.
     (1) (a) (i) Subject to Subsection (1)(a)(ii), a county legislative body may, without having received a petition under Subsection (1)(b), enact an ordinance establishing a township within the unincorporated county or dividing the unincorporated county into townships.
     (ii) Before enacting an ordinance under Subsection (1)(a)(i), the county legislative body shall, after providing reasonable advance notice, hold a public hearing on the proposal to establish a township or to divide the unincorporated county into townships.
     (b) If 25% of the private real property owners in a contiguous area of the unincorporated county petition the county legislative body to establish a township for that area, the county legislative body shall:
     (i) hold a public hearing to discuss the petition;
     (ii) at least one week before the public hearing, publish notice of the petition and the time, date, and place of the public hearing at least once in a newspaper of general circulation in the county; and
     (iii) at the public hearing, consider oral and written testimony from the public and vote on the question of whether or not to establish a township.
     (c) If the county legislative body establishes a township pursuant to a petition, the members of the township planning commission shall be appointed as provided in Subsection 17-27a-301(3)(b) to perform the duties established in this part for the township.
     (d) Except as provided in Subsection (1)(e), each township shall:
     (i) contain:
     (A) at least 20% but not more than 80% of:
     (I) the total private land area in the unincorporated county; or
     (II) the total value of locally assessed taxable property in the unincorporated county; or
     (B) (I) in a county of the first, second, or third class, at least 5% of the total population of the unincorporated county; or
     (II) in a county of the fourth, fifth, or sixth class, at least 25% of the total population of the unincorporated county; or
     (ii) have been declared by the United States Census Bureau as a census designated place.
     (e) (i) (A) A township that was dissolved under Chapter 389, Laws of Utah 1997, is reinstated as a township under this part with the same boundaries and name as before the dissolution, if the former township consisted of a single, contiguous land area.
     (B) Notwithstanding Subsection (1)(e)(i)(A), a county legislative body may enact an ordinance establishing as a township under this part a former township that was dissolved under Chapter 389, Laws of Utah 1997, even though the former township does not qualify to be reinstated under Subsection (1)(e)(i)(A).
     (C) A township reinstated under Subsection (1)(e)(i)(A) or established under Subsection (1)(e)(i)(B) shall be subject to the provisions of this part.
     (ii) Each planning district established under Chapter 225, Laws of Utah 1995, and each township planning district established under Chapter 389, Laws of Utah 1997, shall continue in existence as a township, subject to the provisions of this part.
     (f) (i) After May 1, 2002, the legislative body of each county in which a township that has been reconstituted under Chapter 389, Laws of Utah 1997, or reinstated under Subsection (1)(e)(i) is located shall review the township and determine whether its continued existence is advisable.

---

     (ii) In conducting the review required under Subsection (1)(f)(i), the county legislative body shall hold a public hearing with reasonable, advance, published notice of the hearing and the purpose of the hearing.
     (iii) Each township that has been reconstituted under Chapter 389, Laws of Utah 1997, or reinstated or established under Subsection (1)(e)(i) and its planning commission shall continue in effect, unless, within 90 days after conducting the review and public hearing required under Subsections (1)(f)(i) and (ii), the county legislative body by ordinance dissolves the township and its planning commission.
     (g) A township established under this section on or after May 5, 1997, may use the word "township" in its name.
     (2) (a) If the county legislative body establishes a township without having received a petition, the county legislative body may:
     (i) assign to the countywide planning commission the duties established in this part that would have been assumed by a township planning commission designated under Subsection (2)(a)(ii); or
     (ii) designate a planning commission for the township.
     (b) (i) If the county legislative body fails to designate a planning commission for a township, 40% of the private real property owners in the area proposed to be included in the township, as shown by the last county assessment roll, may petition the county legislative body to designate and appoint a planning commission for the township.
     (ii) If the county legislative body determines that the petition is validly signed by 40% of the private real property owners in the township, as shown by the last county assessment roll, it shall designate and appoint a planning commission for the township.
     (3) (a) Except as provided in Subsection (1)(f)(iii), a county legislative body may dissolve township planning commissions created under the authority of this section only by following the procedures and requirements of this Subsection (3).
     (b) If 20% of the private real property owners in the county petition the county legislative body to dissolve township planning commissions and to appoint a countywide planning commission, the county legislative body shall:
     (i) hold a public hearing to discuss the petition;
     (ii) at least one week before the public hearing, publish notice of the petition and the time, date, and place of the public hearing at least once in a newspaper of general circulation in the county; and
     (iii) at the public hearing, consider oral and written testimony from the public and vote on the question of whether or not to dissolve township planning commissions and to appoint a countywide planning commission.
     (c) (i) If the county legislative body fails to dissolve township planning commissions and to appoint a countywide planning commission when petitioned to do so by private real property owners under this subsection, 40% of private real property owners in the county, as shown by the last county assessment roll, may petition the county legislative body to dissolve the township planning commissions and to appoint a countywide planning commission.
     (ii) If the county legislative body determines that the petition is validly signed by 40% of private real property owners in the township, as shown by the last county assessment roll, it shall dissolve the township planning commissions and appoint a countywide planning commission.

Amended by Chapter 78, 2006 General Session