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Unified Land Development Code - Chapter 3 Application and Review Procedures Revised 9/1/2015 Page 1 of 6 Annexations Application & Review Procedures 3.20 Annexations, Additions, and De-Annexations 3.20.1 Annexations 3.20.1.1 Intent and Requirement for Landowner Consent A. Intent These procedures are intended to create a formal process for annexations into the City of Douglas and to establish criteria to be used in processing and approving such petitions. It is intended that these procedures comply with Wyoming Statutes, specifically W.S. § 15-1-401 et seq. The provisions of state statute shall control in cases of conflict with the annexation requirements of this Section 3.15. B. Requirement for Landowner Consent W.S. § 15-1-412 states, “No tract of land or any part thereof, whether consisting of one parcel or two or more contiguous parcels owned by one landowner or owned jointly by two or more landowners as co-tenants, which comprises forty (40) acres or more and which together with the buildings or improvements situated thereon has an assessed valuation in excess of forty thousand dollars ($40,000.00) as of the current assessment for property tax purposes, may be annexed without the written consent of the landowner or landowners, unless the tract of land is situated entirely within the boundaries of the annexing city or town.” 3.20.1.2 Pre-Application Conference A pre-application conference with the City Community Development Director or his/her designee is required prior to filing a petition for annexation into the City of Douglas. The purpose of the pre- application conference is to work with the Community Development Department to identify any major issues or potential problems that may arise during the annexation process. The conference should also serve as an initial collaboration with City staff to begin developing appropriate strategies for mitigating and/or offsetting the impacts of the annexation to the residents of the City and existing services. 3.20.1.3 Statutorily Required Documents All petitions for annexation into the incorporated boundaries of the City of Douglas shall comply with the requirements of W.S. § 15-1-401 et seq and with the requirements of this Code. A summary of the statutory requirements for annexation into the City of Douglas is included below but is not, in any way, intended to replace, modify, or otherwise alter the requirements of W.S. § 15-1-401 et seq. A. Annexation Report Pursuant to W.S. § 15-1-402(c), the City of Douglas shall prepare a proposed annexation report. For annexations initiated by petition of a landowner or landowners pursuant to W.S. § 15-1-403, the City of Douglas may collect the cost of preparing the annexation report from the petitioning landowner(s), as authorized under W.S. § 15-1-402(d). The proposed annexation report shall, at a minimum, include the following: ---PAGE BREAK--- City of Douglas, Wyoming Community Development Department Unified Land Development Code - Chapter 3 Application and Review Procedures Revised 9/1/2015 Page 2 of 6 i. A map of the area proposed for annexation showing identifiable landmarks and boundaries and the area which will, as a result of the annexation, then be brought within one-half (1/2) mile of the new corporate limits of the City of Douglas, if it has exercised the authority granted under W.S. § 15-3-202(b)(ii); ii. The total estimated cost of infrastructure improvements required of all landowners by the City of Douglas related to the annexation; iii. A list of basic and other services customarily available to residents of the City of Douglas and a timetable for when those services will reasonably be available to the areas proposed to be annexed; iv. A projected annual fee or service cost for services described in subsection iii immediately above. v. The current and projected property tax mill levies imposed by the City of Douglas; and vi. The cost of infrastructure improvements required within the existing boundaries of the City of Douglas to accommodate the proposed annexation. B. Requests for an Estimated Cost of Infrastructure Improvements Pursuant to W.S. § 15-1-402(e), before any territory is eligible for annexation into the City of Douglas, the City shall prepare for each landowner and affected public utility so requesting in writing, the estimated cost of infrastructure improvements required of the landowner and affected public utility related to the annexation. W.S. § 15-1-402 requires that a request for an estimated cost of infrastructure improvements be made to the City of Douglas Clerk not less than ten (10) days prior to the public hearing required by W.S. § 15-1-405(a). Upon receiving a request(s), the City shall provide such estimate to the requesting landowner(s) and affected public utility or utilities prior to the hearing. C. Survey of Boundaries Pursuant to W.S. § 15-1-413, if the boundaries of the City of Douglas are uncertain or incapable of ascertainment and upon the change in boundaries of the city pursuant to an annexation, the City Council, by ordinance, shall provide for a survey of such boundaries. See W.S. § 15-1-413 for additional details and procedures pertaining to the required survey. 3.20.1.4 Additional Requirements In addition to the requirement of W.S. § 15-1-401 et seq., any annexation initiated by landowner petition, as outlined below, that proposed to annex ten (10) or more acres into the City of Douglas shall also require the following: A. Annexation Agreement An annexation agreement between the City of Douglas and the petitioning landowner and land developer, as applicable, shall be required to annex land totaling ten (10) or more acres. Typically, an annexation agreement will address the following: ---PAGE BREAK--- City of Douglas, Wyoming Community Development Department Unified Land Development Code - Chapter 3 Application and Review Procedures Revised 9/1/2015 Page 3 of 6 i. Identification of geographic area to be annexed by the City; ii. The financial obligation of the landowner to construct water and sewer infrastructure to provide service to the annexed area and the requirement to construct such infrastructure in compliance with the requirements of the service provider; iii. The conveyance of the landowner’s water rights appurtenant to the land to be annexed, at the discretion of the City of Douglas; iv. The landowner’s consent to comply with all City regulations, including, but not limited to, regulations pertaining to: drainage, erosion, and storm water management; fire protection and emergency response; refuse; snow removal; and nuisances; v. The landowner’s consent to identify and provide public improvements necessary to facilitate the development and to address the impacts of the development on existing City infrastructure and services; vi. A requirement of the landowner to obtain approval by the City Council of a sketch plan or mixed use planned unit development (MU-PUD) application for the entire area to be annexed pursuant to the requirements of this Code. Approval of the sketch plan or MU-PUD application shall be obtained by the applicant at the same City Council hearing as the annexation petition or such sketch plan or MU-PUD approval shall be made a condition of approval of the annexation petition; and vii. A requirement of the landowner to apply for City zoning of the subject property to be annexed within specific amount of time following approval of the annexation petition and sketch plan application. Under no circumstances shall the property to be annexed be developed or otherwise improved once it is annexed by the City prior to approval of a zoning application. The required zoning application may include a rezoning (map amendment) request to any, or a combination, of the standard zoning districts or special purpose zoning districts in Chapter 4 of this Code. B. Concurrent Sketch Plan or Mixed-Use Planned Unit Development Application A landowner petition for annexation of ten (10) or more acres of land into the City of Douglas shall require a concurrent request for approval of a sketch plan or MU-PUD application. The City Council may, as a condition in the resolution approving annexation petition, elect to approve the annexation petition prior to reviewing and approving a sketch plan or MU-PUD application for the entire area to be annexed. If the City Council elects to approve the annexation petition ahead of reviewing and approving the associated sketch plan or MU-PUD application, then the City Council shall, as part of the resolution approving the petition, state that such annexation shall not be valid nor shall it result in a remapping of the boundaries of the City of Douglas until and unless a sketch plan or MU-PUD application is approved by the City Council for the entire area included in the annexation petition and the associated resolution of approval, and zoning plan in the case of a MU-PUD application, is recorded in the records of the Converse County Clerk and Recorder’s Office. 3.20.1.5 Initiation and Prohibited Annexations A. Annexations Initiated by Landowner Petition Pursuant to W.S. § 15-1-403, an annexation may be initiated by landowners in the form of a written petition filed with the City Clerk. The requirements for landowner-initiated annexations include: i. Petition for Annexation The petition for annexations initiated by landowners shall: a. Be signed and dated by a majority of the landowners owning a majority of the area sought to be annexed, excluding public streets and alleys and tax exempt property. No signature on the petition is valid if it is dated more than one hundred eighty (180) days prior to the date of filing ---PAGE BREAK--- City of Douglas, Wyoming Community Development Department Unified Land Development Code - Chapter 3 Application and Review Procedures Revised 9/1/2015 Page 4 of 6 the petition with the City Clerk and no person signing the petition may withdraw his or her signature from the petition after it has been filed with the City Clerk. b. Contain the following information: • A legal description of the area sought to be annexed; • A request that the described territory be annexed; • A statement that each signor is an owner of land and a description of his land within the area proposed to be annexed; and • A map of the area. ii. City Clerk Determination of Compliance The City Clerk shall within ten (10) days from the date the petition is filed, determine if the petition is in substantial compliance with the requirements of W.S. § 15-1-401 et seq. If the petition is found to be in compliance, the City Clerk shall certify such compliance, and the procedures in W.S. 15-1- 402, 15-1-405, and 15-1-406 shall be followed. If the City Clerk determines that the petition is not in compliance, then the Clerk shall notify the petitioner that no further action will be taken on the annexation petition until compliance is made. B. Annexations Initiated by the City Pursuant to W.S. § 15-1-404, an annexation may be initiated by the City of Douglas. In initiating an annexation, the City shall: i. Provide reasonable evidence indicating that the area meets the conditions and limitations of W.S. § 15-1-402; ii. Cause to be prepared a legal description, a listing of the current mailing address of each landowner as shown in the records of the Converse County Assessor’s office, and a map showing identifiable landmarks and boundaries of the area considered for annexation and the area which will, as a result of the annexation, then be brought within one-half (1/2) mile of the new corporate limits of the City of Douglas, if the City has exercised the authority granted under W.S. § 15-3-202(b)(ii); i. Determine if the area considered for annexation complies with W.S. § 15-3-202(b)(ii); ii. Prepare an annexation report pursuant to W.S. § 15-1-402(c); iii. Prepare for each landowner or public utility so requesting in writing, the foreseeable changes to zoning, animal control and other health and safety requirements requiring immediate compliance by the landowner or public utility at the time of annexation. Such request by a landowner or public utility shall be made to the City Clerk not less than ten (10) days prior to the public hearing required under W.S. § 15-1-405(a). The foreseeable changes shall be provided to the landowner or public utility prior to the hearing; iv. Adopt a resolution certifying compliance with W.S. § 15-1-402 at a public hearing, as required below, and proceed to public hearing pursuant to W.S. § 15-1-405 and post hearing procedures pursuant to W.S. §15-1-406. C. Prohibited Annexations Pursuant to W.S. § 15-1-406(d), no annexation under W.S. § 15-1-404 shall create an area which is situated entirely within the boundaries of the City of Douglas but is not annexed, thus creating unincorporated enclave within the City. 3.20.1.6 Review and Referral Process All annexation petitions shall be forwarded by the City Clerk to the Community Development Department for review. Upon receipt, the Community Development Department shall distribute the petition for review by appropriate internal City reviewers. ---PAGE BREAK--- City of Douglas, Wyoming Community Development Department Unified Land Development Code - Chapter 3 Application and Review Procedures Revised 9/1/2015 Page 5 of 6 3.20.1.7 Timing, Notice, and Public Hearing A. General Pursuant to W.S. § 15-1-405, the City Council shall hold a public hearing to determine if the proposed annexation is in compliance with the requirements of W.S. § 15-1-402. B. Timing The hearing required in subsection A above shall occur not less than thirty (30) days nor more than one hundred eighty (180) days after the annexation petition has been certified to be complete pursuant to W.S. § 15-1-402. C. Published Notice Pursuant to W.S. § 15-1-405(b), the City Clerk shall give notice of the public hearing by publishing notice at least twice in a newspaper of general circulation in the area. The first notice shall: i. Be given at least fifteen (15) business days prior to the date of the public hearing; ii. Contain a location map which includes identifiable landmarks and boundaries of the area sought to be annexed and the area which will, as a result of the annexation, then be brought within one-half (1/2) mile of the new corporate limits of the City of Douglas if it has exercised the authority granted under W.S. § 15-3-202(b)(ii); and iii. Include a summary of the proposed annexation report prepared pursuant to W.S. § 15-1- 402(c). Pursuant to W.S. § 15-1-407, the City Council may annex an area that is solely owned by the City of Douglas, whether or not the area is contiguous to the corporate boundaries of the City, without notice or public hearing and without preparing an annexation report required under W.S. § 15-1-402(c) and W.S. § 15-1-404(a)(ii)(C) or providing estimates required under W.S. § 15-1- 402(e) and W.S. § 15-1-404(a)(ii)(D). Annexation of land solely owned by the City without notice or public hearing shall be done by ordinance, which shall contain a statement that the territory being annexed is solely owned by the City of Douglas. D. Mailed Notice The Community Development Department shall at least 20 business days prior to public hearing provide mailed notice of the hearing by first class mail to all owners of property within 140 feet, excluding right-of-way, and to all affected public utility providers. E. Requests for Legal Description of the Area Upon written request to the City Clerk, the Clerk shall provide a legal description of the area and names of persons owning property within the area proposed to be annexed. 3.20.1.8 Post Hearing Measures A. Annexation by Ordinance Pursuant to W.S. § 15-1-406(a), if after hearing the City Council finds that the conditions required in W.S. § 15-1-402 exist and that the required procedures have been met, then the City Council shall annex the territory by ordinance. B. Landowner Objection Pursuant to W.S. § 15-1-406(b), if more than fifty percent (50%) of the landowners, or if a landowner or landowners owning more than fifty percent (50%) of the area to be annexed file written objections with the City Clerk within twenty (20) business days after the hearing then no further action under W.S. § 15-1-404 may be taken on any area within the proposed annexation within two years. If seventy-five percent (75%) or more of the perimeter of the area to be annexed is contiguous to the corporate limits of the City of Douglas, then the allowance and ---PAGE BREAK--- City of Douglas, Wyoming Community Development Department Unified Land Development Code - Chapter 3 Application and Review Procedures Revised 9/1/2015 Page 6 of 6 effect of the above described written landowner objections do not apply and have no effect on the proposed annexation. C. Effective Date of Annexation Pursuant to W.S. § 15-1-408, an annexation is effective upon publication of the ordinance, unless another date is specified in the ordinance, but shall not be less than twenty (20) business days after the public hearing. For purposes of real and personal property taxation, the annexation is not effective until January 1 of the year following the date of the ordinance. See W.S. § 15-1-408 for the effective date of an annexation if an appeal is filed and perfected. 3.20.1.9 Approval Criteria Pursuant to W.S. § 15-1-402(a), before land is eligible for annexation into the City of Douglas, the City Council shall find the following: i. An annexation of the area is for the protection of the health, safety, and welfare of the residents of the area and the City of Douglas; ii. The urban development of the area sought to be annexed would constitute a natural, geographical, economical, and social part of the City of Douglas; iii. The area sought to be annexed is a logical and feasible addition to the City of Douglas and the extension of basic and other services customarily available to residents of the City of Douglas shall, within reason, be available to the area proposed to be annexed; iv. The area sought to be annexed is contiguous with, as detailed in W.S. § 15-1-401(b), or adjacent to the City of Douglas’ incorporated boundaries, or the area meets the requirements of W.S. § 15-1- 407; v. If the City of Douglas does not own or operate its own electric utility, the City Council is prepared to issue one or more franchises as necessary to serve the annexed area pursuant to W.S. § 15-1-410; vi. The City of Douglas, not less than twenty (20) business days prior to the public hearing required by W.S. § 15-1-405(a), has sent by certified mail to all landowners and affected public utilities within the territory a summary of the proposed annexation report as required under W.S. § 15-1- 402(c) and notice of the time, date, and location of the public hearing. 3.20.1.10 Appeals Pursuant to W.S. § 15-1-409, any aggrieved landowner in the territory proposed to be annexed or any owner of real property in the City of Douglas may appeal to the district court for a review of the acts or findings of the annexation. The district court shall declare the annexing ordinance void if the court determines that: • The action taken was capricious or arbitrary; or • It appears from the evidence that the landowner’s right to his property is being unwarrantedly invaded; or • The City Council abused its discretion. The court shall sustain the City Council’s ordinance if it determines that the action of the City Council was property and valid.