TITLE 32

AGRICULTURE PROTECTION AREAS
(Adopted by Ordinance 2008-16, April 29, 2008)

Sections 32-1-1 Ordinance Enacted
32-1-2 Agriculture Protection Area Advisory Board
32-1-3 Appointment of Board Members
32-1-4 Term in Office, Removal of Members
32-1-5 Officers of Agriculture Protection Area Advisory Board
32-1-6 Quorum and Rules of Operation
32-1-7 Minimum Size for Agriculture Protection Areas
32-1-8 Fees
32-1-9 Filing Procedure
32-1-10 Petition for Removal
32-1-11 Severability
32-1-12 Effective Date

The Board of County Commissioners of Weber County, Utah, as the legislative body of Weber County (referred to herein as the "Commission"), declares the following as part of the basis for adopting this ordinance:

WHEREAS, the Utah Legislature, by enactment of the Agriculture Protection Area, Utah Code Title 17, Chapter 41, provides for agriculture protection areas; and

WHEREAS, the 2008 Utah Legislature amended Utah Code Title 17, Chapter 41, to remove the fee when filing a petition for removal;

NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Weber County, Utah:

32-1-1 Ordinance Enacted.

The Revised Ordinances of Weber County, are hereby amended by enactment of the following as Title 32 entitled "Agriculture Protection Areas":

32-1-2 Agriculture Protection Area Advisory Board.

An Agriculture Protection Area Advisory Board is hereby established for Weber County pursuant to Utah Code Annotated Section 17-41-201 to perform the duties set out in Section 17-41-201 or any later amendment or enactment of that section.

32-1-3 Appointment of Board Members.

The Board of County Commissioners of Weber County, Utah, shall appoint five (5) members to the Agriculture Protection Area Advisory Board established under Section 17-41-201.

32-1-4 Term in Office, Removal of Members.

Each member appointed to the Agriculture Protection Area Advisory Board shall serve on said board until expiration of that member's respective term on the Conservation District Board of Supervisors or for a term as established at the time of appointment. The Board of County Commissioners of Weber County may remove and replace any Advisory Board member for cause or for failure to perform the required duties.

32-1-5 Officers of Agriculture Protection Area Advisory Board.

The members of the Agriculture Protection Area Advisory Board shall select a chairman and vice chairman. The chairman and vice chairman shall be selected from among the members of the Agriculture Protection Area Advisory Board. A selection of a Weber County employee to serve as secretary must be approved by the Board of County Commissioners of Weber County, Utah.

32-1-6 Quorum and Rules of Operation.

Any three (3) members of the Agriculture Protection Area Advisory Board shall constitute a quorum of that Board. All actions of the Board must be made in a meeting at which a quorum is present. Any actions of the Agriculture Protection Area Advisory Board must be approved by at least three (3) members of that Board. All meetings shall be conducted in accordance with the Utah Open and Public Meetings Act. The Agriculture Protection Area Advisory Board may adopt such additional rules of operation as it deems necessary to govern its affairs.

32-1-7 Minimum Size for Agriculture Protection Areas.

Pursuant to Utah Code Annotated Section 17-41-301, or any later amendment or enactment of that section, the minimum acreage required for Greenbelt must be included in each agriculture protection area established within Weber County.

32-1-8 Fees

Any person or persons filing a proposal to create an agriculture protection area pursuant to Utah Code Annotated Title 17, Chapter 41, shall pay a fee pursuant to Weber County Fee Ordinance, Title 6, Chapter 22, at the time of filing. In addition, any person or persons filing a proposal for creation of an agriculture protection area shall reimburse Weber County for all publication costs incurred by Weber County in publishing the notices required under Utah Code Annotated Title 17, Chapter 41 or any subsequent amendment or enactment of that statute.

32-1-9 Filing Procedure.

All proposals to create agriculture protection areas within Weber County, Utah shall be filed in the Office of the Weber County Clerk. All proposals must be accompanied by the filing fee established by the Board of County Commissioners of Weber County.

32-1-10 Petition for Removal.

All petitions for removal of land from an agriculture protection area within unincorporated Weber County, Utah shall be filed in the office of the Weber County Clerk.

1. The Board of County Commissioners of Weber County shall grant the petition for removal of land from the agriculture protection area.

2. Petitioner must file a legal description of the revised boundaries of the agriculture protection area with the affected planning commission.

3. Petitioner must file a legal description of the revised boundaries of the agriculture protection area with the Weber County Recorder.

4. The Weber County Clerk shall provide the Agriculture Protection Area Advisory Board with the revised boundaries.

32.1.11 Severability.

In the event that any provision of this ordinance less than the entire ordinance is held invalid by a court of competent jurisdiction, this ordinance shall be deemed severable and such finding of invalidity shall not affect the remaining portions of this ordinance.

32-1-12 Effective Date.

This ordinance shall become effective fifteen (15) days after publication.