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L1` BI / lv 41, et 1. iii , i 1r RESOLUTION NO. 2022- 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELGRADE, MONTANA REVISING AND ESTABLISHING GOALS AND POLICIES FOR FUTURE ANNEXATIONS OF PROPERTIES TO THE CITY OF BELGRADE AND SUPERSEDING RESOLUTION NO. 2004- 02 WHEREAS, the City of Belgrade wishes to establish updated comprehensive annexation goals and policies for landowner initiated annexations to provide for orderly, well- planned growth of the City; and WHEREAS, adoption of such goals and policies will provide our community with clear guidelines for informed annexation proposals; and WHEREAS, the City establishes these goals and policies in accordance with annexation statutes as set forth in Title 7, Chapter 2, Parts 43, 45, 46 and 47, MCA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Belgrade, Montana, to wit: Section 1 The following goals are hereby established for the consideration of annexations to the City of Belgrade. 1. The City encourages annexations of land contiguous to the City. 2. The City encourages all areas that are totally surrounded by the City to annex. 3. The City requires annexation of all land proposed for development that proposes to utilize municipal water or sewer systems excepting properties and buildings owned or controlled by the Gallatin Airport Authority used specifically for airport purposes, or in unique circumstances where a contract is agreed upon ANNEXATION POLICIES Page 1 of 8 ---PAGE BREAK--- between the City Council and another public or private entity for the City to provide utility services without annexation. 4. The City requires annexation of any non- airport related private commercial properties owned or controlled by the Gallatin Airport Authority proposed for development that proposes to utilize municipal water or sewer systems. 5. The City encourages annexations within the City' s extraterritorial zoning jurisdiction. 6. The City encourages annexations to make the City boundaries more regular rather than creating irregular extensions which leave unannexed gaps between annexed areas or islands of annexed or unannexed land. 7. The City encourages annexations which will enhance the existing traffic circulation system or provide for circulation systems that do not exist at the present time. 8. The City seeks to obtain water rights adequate for future development of the property with annexation. 9. The City encourages annexations to protect the natural environment and public health and safety through the City' s provision ofclean water and sanitary sewer. 10. The property owner( s) and/ or developer( s) will be required to enter into an annexation agreement with the City. Furthermore, the City reserves to the right to dictate requirements related to the property through the annexation agreement. Section 2 The City establishes the following policies for the consideration of all future annexations to the City of Belgrade. 1. Annexations must include provisions for the dedication of all easements for rights- of-way for collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm or sewer mains, and public trails not within the right of way for arterial or collector streets. Annexations must also include provisions for waivers of right to protest the creation of special improvement districts ( SID' s) necessary to provide the essential services for future development of the City. 2. Issues pertaining to master planning and zoning must be addressed prior to or in conjunction with the application for annexation. ANNEXATION POLICIES Page 2 of 8 ---PAGE BREAK--- 3. The application for annexation must be in conformance with the current Belgrade Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, the amendment process must be initiated by the property owner and completed prior to final adoption of the application for annexation. 4. Initial zoning classification of the property to be annexed will be determined by the City Council, in compliance with the Belgrade Growth Policy and upon a recommendation of the Belgrade City- County Planning Board, simultaneously with, or prior to, review of the annexation petition. 5. The applicant must indicate their preferred zoning classification as part of the annexation petition. 6. Fees for annexation processing will be established by the City Council. 7. It is the policy ofthe City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property unless the applicant proposes a method to provide for construction of the road to the City' s street standards. 8. In areas served by the City water system, the City will require the developer( s) or property owner(s) to properly abandon existing wells in accordance with DEQ regulations by qualified personnel except in cases where the well(s) will serve a municipal purpose. Furthermore, the City will require existing water rights to be transferred to the City. 9. Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public and conformance with the City' s adopted facility plans. It is the intention of the City of Belgrade that City municipal services will be available to property that is annexed within a reasonable time (generally not to exceed five years) on substantially the same basis and in the same manner as such services are available to the rest of the municipality. If it is likely that the area proposed to be annexed will not have City municipal services available within a reasonable time, the area should not be annexed. 10. The City may require annexation of any contiguous property for which city services are requested or for which city services are currently being provided. ANNEXATION POLICIES Page 3 of 8 ---PAGE BREAK--- In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to consent to annexation of the property serviced by the City, with the exception of property or buildings owned or controlled by the Gallatin Airport Authority used for airport purposes or in unique circumstances where a contract is agreed up between the City Council and another public or private entity for the City to provide utility services without annexation. The City Manager may enter into an agreement with a property owner for connection to the City' s sanitary sewer or water system in an emergency conditioned upon the submittal by the property owner of a petition for annexation and filing of a notice of consent to annexation with the Gallatin County Clerk and Recorder' s Office. The contract for connection to city sewer and/ or water must require the property owner to annex or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. 11. The annexation application shall be accompanied by mapping to meet the requirements of the Community Development Department. Where an area to be annexed can be entirely described by reference to a certificate of survey or subdivision plat on file with the Gallatin County Clerk and Recorder the mapping may be waived by the Director of Community Development. 12. The City will assess impact fees in accordance with Montana law and Title 1 Chapter 8B of the Belgrade City Code ( Ord. No. 2019- 2 or subsequent amendments). 13. Public notice requirements for annexations must meet the applicable requirements of Title 7 Chapter 2 Montana Code Annotated: Notice for annexation of property must be coordinated with the required notice for the zone map amendment when a zone map amendment is required with the annexation in accordance with Section 10- 18 of the Belgrade City Code. 14. Annexation agreements must be executed and returned to the City within 60 days of distribution of the annexation agreement by the City, unless another time is specifically identified by the City Council. 15. When possible, the use of Part 46 annexations is preferred. 16. Where a road improvement district has been created, the annexation does not repeal the creation of the district. The City will not assume operations of the district until ANNEXATION POLICIES Page 4 of 8 ---PAGE BREAK--- the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not lessen the obligation to participate in general city programs that address the same subject. 17. The City will require connection to and use of all City services upon development of annexed properties. The City may establish a fixed time frame for connection to municipal utilities. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned, and the development connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property must be properly abandoned and the development connected to the City water distribution system. The property owner must contact the City Department of Public Works to verify disconnects of wells and septic systems. 18. All residents, property owners, and businesses located or serving a newly annexed area will be required to comply with all City, State, and Federal laws, statutes, regulations, ordinances, and resolutions, including but not limited to, building codes, fire prevention ordinance and fire codes, fireworks ordinances, dog license ordinance, business license ordinance, and all other laws, statutes, regulations, ordinances, and resolutions. 19. The City plans to generally provide municipal services of police, street maintenance, parks and recreation and all general administrative services of the City of Belgrade to annexed property immediately upon annexation. The financial cost of extending such services shall generally be shared by the entire municipality through municipal revenues allocated and expended pursuant to the City' s annual budget adopted each fiscal year. No new Citywide bond issue is planned for the sole purpose offinancing provision of municipal services to annexed areas. All parcels annexed into the City will be required to enter into the Citywide Street Maintenance District and maybe required to enter into an existing or future street lighting district. 20. The developer( s) or property owner( s) of annexed property will be required to construct all infrastructure improvements, including but not limited to: water lines, sewer lines, fire hydrants, reservoirs, pump stations, lift stations, culverts, drainage systems, roadways, sidewalks, street lighting( including entrance into or through the creation of a street lighting district), traffic control devices, street name signs, and such other improvements as may be required by the City, at the developer' s or property owner' s expense. The infrastructure improvements will be constructed in accordance with the City of Belgrade Subdivision Regulations, City of Belgrade Specifications, and the most recent edition of the Montana Public Works Standard Specifications. The infrastructure improvements shall be in compliance with applicable codes and standards and be of adequate size and design to accommodate the needs of the proposed development. All proposed infrastructure shall be reviewed and approved by the City Engineer, and as-built drawings as required by the City Engineer shall be submitted to the City prior to final acceptance of the ANNEXATION POLICIES Page 5 of 8 ---PAGE BREAK--- infrastructure. 21. The developer( s) or property owner( s) shall be responsible for providing fire protection appurtenances and required water flow pressures and volume, at the developer' s or property owner' s expense, as required by the applicable Fire Code enforced by the Central Valley Fire District and reviewed and approved by the Central Valley Fire District Chief, based on the use of land and the type of construction employed. 22. As new City streets are constructed, and as existing streets are improved, storm drainage infrastructure shall be installed or improved to City, State Department of Environmental Quality ( DEQ), and Environmental Protection Agency ( EPA) standards. It is the responsibility of the developer( s) or property owner( s) to convey storm water from their property to an appropriate point of disposal as approved by the City Engineer. If there is no storm sewer conveyance system available to the site, storm water generated as a result of the development shall be retained on site in accordance with applicable DEQ and EPA regulations. Generally, the quantity and rate of runoff from a developed parcel cannot exceed that which would occur had the property remained undeveloped. 23. As a general policy, property that is proposed for annexation that has existing infrastructure shall be required to upgrade the infrastructure to City standards as a condition of annexation. 24. Prior to annexation, the City may require the developer(s) or property owner(s) to provide the City with a report describing the following: The approximate year or period in which the existing area was developed. The location, size and condition of the existing infrastructure, including but not limited to, water and sewer lines, fire hydrants, streets, and storm drainage. The size and location and legal purpose of all existing rights-of-way and easements. The report shall also include the estimated costs associated with correcting the deficiencies and bringing the utility or improvement to City standards. The City may require such a report to be prepared by a professional engineer at the cost of the developer( s) or property owner( 25. In the event that annexation creates impacts requiring off-site infrastructure improvements, the developer(s) or property owner(s) of the property proposed for annexation will be responsible for bearing the costs of such improvements, unless otherwise determined by the City Council. ANNEXATION POLICIES Page 6 of 8 ---PAGE BREAK--- 26. The City may require reimbursement from a developer(s) or property owner(s) for City financed infrastructure that was installed in anticipation of future development on property that is proposed for annexation. 27. The City may require the developer( s) or property owner( s) to participate in any current payback agreements with other developers. 28. It shall be the responsibility of the developer(s) or property owner(s) to extend all roadways and utilities from the existing City facilities to the site of development in accordance with all City standards and specifications, including the provision for appropriate easements. It shall further be the responsibility of the developer( s) or property owner( s) to construct all streets and utilities to the furthest boundary of the property to be developed or annexed when it is deemed appropriate by the City Council or City Engineer in order to facilitate future development. 29. The City Council, in its discretion, may approve the formation of a Special Improvement District to pay for the installation, construction and upgrading of infrastructure improvements. The boundaries of the Special Improvement District shall by the area benefiting from the improvements in accordance with the laws of the State of Montana. 30. If a developer( s) or property owner( s) of property annexed pays the entire cost of infrastructure improvements, including the construction of the sewer outfall lines, and such improvements will benefit other property that may be developed or annexed in the future, the City Council may, in its discretion, authorize a Payback Agreement. The Payback Agreement may provide that developer(s) or property owner( s) that connect to the infrastructure improvements in the future shall reimburse the developer( s) or property owner( s) that initially paid for the improvement a portion of the cost of the improvement. The Payback Agreement shall include a method of calculating the amount of reimbursement. The method of reimbursement may be based upon lot size, front footage, or other means that the City Council deems reasonable. The payback period shall not exceed 10 years from the date of completion of construction or installation of the improvement. The Payback Agreement shall set forth the specific area that may benefit from the improvement and that will be subject to the Payback Agreement. The costs that may be reimbursed under a Payback Agreement may include engineering, design and inspection fees. Any and all terms and conditions of a Payback Agreement are subject to approval by the City Council. Section 3 This Resolution once adopted supersedes Resolution 2004- 02 adopted by the City Commission on March 15, 2004. ANNEXATION POLICIES Page 7 of 8 ---PAGE BREAK--- BE IT RESOLVED that the Belgrade City Council hereby adopts this annexation policy on August 15, 2022, at a regular scheduled meeting of the Belgrade City Council in its Chambers at 91 East Central Ave., Belgrade, MT. 7 A Russell C. Nelson, Mayor ATTEST: Caldwell, City Clerk ANNEXATION POLICIES Page 8 of 8