HomeMy Public PortalAboutRES-CC-1994-15RESOLUTION NO 15-94
A RESOLUTION OF THE GOVERNING BODY OF MOAB CITY STATING MOAB
CITY/S POSITION REGARDING URBAN DEVELOPMENT IN THE AREAS
IMMEDIATELY SURROUNDING MOAB CITY.
WHEREAS, The Utah Legislature has given cities such as Moab
extraterritorial jurisdiction over urban development within one
half mile of the City; and
WHEREAS, The Utah Legislature has defined urban development to
include a housing subdivision involving more than fifteen
residential units with an average of less than one acre per unit or
a commercial or industrial development for which cost projects
exceed $750,000.00 for any or all phases; and
WHEREAS, The Utah Supreme Court has interpreted this authority
broadly in favor of cities as opposed to counties; and
WHEREAS, Utah Code Annotated 10-2-418 requires any property
owner wishing to develop or improve property within one half mile
of a municipality to notify the municipality in writing of the
desire and identify with particularity all legal and factual
barriers preventing an annexation to the municipality,
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF MOAB
CITY as follows:
1. It shall be the policy of Moab City to exercise its
extraterritorial jurisdiction, as provided by the Utah Code, to the
broadest possible extent to insure that urban development does not
occur at inappropriate sites or that any urban development which
does occur within one half mile of Moab City shall be developed
within Moab City.
2. Moab City does hereby, by this resolution, request that
the County not issue any permits or other development approval for
any urban development as defined by the state law within one half
mile of the City of Moab without first informing Moab City of the
proposed development and allowing Moab City the option to annex the
property proposed for urban development and provide appropriate
regulation of such urban development.
DATED this 13th day of December
MAYOR
ATTEST:
RECO
, 1994.