Frequently Asked Questions - Salt Lake County HB40 Survey
House Bill 40 initially passed in 2005. The bill's sunset (end) was extended to 2010, prohibiting a municipality's ability to annex territory located within a township unless the entire area of the township is annexed. It also enacts legislative intent to insure that Salt Lake County, and the cities residing within and adjacent to the townships, work together to determine the desire of the residents and property owners within the townships.
Why are we having this discussion?
The amount of unincorporated land area in Salt Lake County is shrinking as new cities incorporate and existing cities annex adjacent lands. The loss of commercial area without a comparable reduction in the number of households served has a negative impact on the county's ability to fund services to its remaining residents.
During the mid-1990s, the Legislature offered two remedies:
- First, a provision in the incorporation and annexation statues that disallows any incorporation or annexation where anticipated revenues exceed the cost of providing the county-level of services by more than 5 percent.
- Second, is to establish "townships" that could exert greater control over piecemeal annexation.
Today, there are six townships in Salt Lake County: Copperton, Emigration Canyon, Kearns, Magna, Millcreek, and White City. A township, once officially created by ordinance of the County Council, has its own planning commission to govern land use decisions and annexation or incorporation is only for the total area unless there is a vote of the township residents authorizing a partial annexation or incorporation.
Additionally, there are areas scattered about Salt Lake County that are unincorporated communities where resident services and taxes differ from neighbors across the street in an annexed or incorporated section of the county (particularly in the Millcreek area of Salt Lake County). This condition is sometimes confusing for residents and creates services challenges for the county.
What is the intent of the legislature?
It is the intent of the Legislature that:
-
extending to 2010 the sunset date for Section 10-2-427 will give each county of the first class and municipalities within each county of the first class that are adjacent to township areas adequate time to assess and evaluate the desires of residents and property owners within townships with regard to annexation, incorporation, or remaining in the unincorporated area of the county, and to develop a plan to respond to and implement those desires;
- each
county of the first
class and each municipality
that is in a county
of the first class
and is adjacent to
a township area shall
jointly, by July 1,
2008, provide appropriate
public information
and funding to conduct
a survey of residents
and property owners
within each township
in the county to determine
their desires about
whether all or portions
of unincorporated
areas within the township
should:
A. incorporate into a municipality;
B. annex to an adjoining municipality;
C. remain in the unincorporated area of the county and within the township area; or
D. remain in the unincorporated area of the county but withdraw from the township area; - each county of the first class and municipalities within each county of the first class that are adjacent to township areas shall work together to develop and, to the extent feasible, implement a plan to carry into effect the results of the survey.
Why does the legislature only want a report from the township property owners?
The legislation only required that owners of property in townships be educated about the issues and surveyed. The Salt Lake County and participating municipalities and townships decided to survey all property owners in the unincorporated areas.
The provisions from annexation provided in the original township bill expire on July 1, 2006. Passage of HB40 in the 2005 legislature extended the sunset date to 2010. The four-year extension is to allow the County and municipalities to conduct a survey of residents of the townships concerning their preferences for the future governance of the areas.
Changes in governance can have an impact on resident fees, property tax, utilities, roads, police, zoning and all the other services of government.
Elected officials make future governance decisions to annex, incorporate or remain as is. If elected officials decide to take action, they do so via a petition process (property owners do not vote to annex, incorporate or remain as is).
Property owner participation is to respond to the survey.
How will a change impact my taxes, fees, etc.?
- It is difficult to predict tax rates without having actual proposals for annexation or incorporation, and what choices will be made regarding service levels. It is also difficult to do an "apples to apples" comparison between cities' tax rates as they use different methods of accounting.
- Information regarding tax rates represents a "snapshot" in time and may change. More information on current tax rates can be found at www.saltlakecountysurvey.org/files/tax_panel6.pdf
What is a township?
In 1995, the Utah State
Legislature created
the Township Provision
in House Bill 40 (HB40),
which allows areas
of unincorporated
Salt Lake County to
form townships. Key
things to know:
- A township is an area of the unincorporated county with the following characteristics:
- defined borders
- contains between 20% and 80% of the private land or assessed value of the unincorporated area, or
- at least 5% of the total population of the unincorporated area.
- A township may be considered a census-designated place if it does not meet the other criteria.
- After official recognition, a township creates its own planning commission to govern land use decisions.
- Townships may be annexed or incorporated only as a whole unless there is a vote of the township residents authorizing a partial annexation or incorporation.
- Townships exert greater control over piecemeal annexations.
- The township legislation sunsets (or expires) in 2010.
Today, there are six townships in Salt Lake County: Copperton, Emigration Canyon, Kearns, Magna, Millcreek, and White City.
The provisions from annexation provided in the original township bill were due to expire on July 1, 2006.
Why did I get
multiple letters,
surveys, or brochures?
All
property owners are
being mailed educational
pieces and will be mailed
the survey. If you
own more than one piece
of property, you will
receive more than one
copy of each item.