Chapter 18.04
ANNEXATION STANDARDS AND PROCEDURES
Sections:
18.04.030 Application submission requirements.
18.04.040 Criteria, standards and conditions of approval.
18.04.050 Expedited procedure.
18.04.070 Final decision and effective date.
18.04.090 Zoning of annexed property.
18.04.100 Boundaries and size of annexation.
18.04.110 Annexation of property surrounded by the city.
18.04.120 Health hazard annexations.
18.04.010 Purpose.
The purpose of this chapter is to provide standards and procedures under which an annexation may be applied for and approved or denied. An annexation is a first step in converting urbanizable lands into urban land. Annexation allows eligible land within the city’s urban growth boundary to be incorporated into the city limits.
For an area of land outside city limits to be provided city sewer and/or water service, that parcel must either first be incorporated into the city limits or receive approval for an extraterritorial connection pursuant to Chapter 18.05. (Ord. 3139 §2, 2021; Ord. 2961 §1(Exh. A (part)), 2008)
18.04.020 Approvals process.
An application for a new annexation shall be processed as either a standard annexation procedure with a public hearing or an expedited annexation procedure without a public hearing. The application for a new annexation shall meet submission requirements in Section 18.04.030, and the approval criteria contained in Section 18.04.040. (Ord. 2961 §1(Exh. A (part)), 2008)
18.04.030 Application submission requirements.
An application for annexation shall be made on forms provided by the community development director and must include the following information (subsections A through J of this section), as applicable:
A. The required fee.
B. Vicinity map that identifies the proposed area of the annexation and the existing city limits.
C. A legal boundary description of the area proposed to be annexed including adjacent right-of-way. Legal metes and bounds shall be prepared by a registered land surveyor.
D. For an expedited procedure without public hearing: consent to annexation forms with notarized signatures of all property owners and at least fifty percent of electors within the proposed annexation area.
For a standard procedure with public hearing: consent to annexation forms with notarized signatures of a minimum of fifty percent of property owners and fifty percent of electors within the proposed annexation area.
E. Tax maps of the proposed annexation area. These maps shall identify the parcels for which consent to annexation has been acquired and adjacent right-of-way to be annexed.
F. Map and tax lot numbers for all parcels within the proposed annexation area. The total acreage of both public and private land included in the proposed annexation.
G. Addresses of all dwelling units and/or businesses within the proposed annexation area.
H. Names and ages of all residents and list from the county of certified electors among residents.
I. A narrative statement indicating compliance with all of the annexation criteria found in Section 18.04.040, Criteria, standards and conditions of approval.
J. As per Section 18.04.090, a zone change application must be submitted to the city prior to the final filing of the annexation with the Secretary of State. (Ord. 2961 §1(Exh. A (part)), 2008)
18.04.040 Criteria, standards and conditions of approval.
The city shall approve or deny an application for an annexation into city limits. The decision will be based on findings of fact with respect to each of the standards and criteria below.
A. The property is within the city’s urban growth boundary.
B. The property is contiguous to current city limits.
C. Unless the proposed annexation area is surrounded by the city, the majority of property owners and electors within the proposed annexation area have consented in writing to the annexation for a standard procedure with a public hearing; or all property owners and at least fifty percent of electors within the annexation area have consented in writing to the annexation for an expedited procedure without a public hearing as per ORS 222.125 or 222.170.
D. Adequate services and infrastructure exist or can be provided at the proposed annexation site as per the applicable comprehensive plan designation. These services and infrastructure include: provision of water, sewage service, storm drainage, and streets. (Ord. 2961 §1(Exh. A (part)), 2008)
18.04.050 Expedited procedure.
For an expedited procedure, a public hearing is not required unless requested in writing. Following a fourteen-day notice period, an ordinance shall be prepared and submitted to the city council for adoption. If a public hearing is requested, the annexation shall then be processed as a standard procedure as per Section 18.04.060.
A. Public Notice.
1. Notification Requirements. Notice shall be given by the community development director or designee in the following manner:
a. Notice of a pending expedited annexation shall be prepared and mailed to:
i. All property owners and electors within the proposed annexation area.
ii. All property owners within three hundred feet of the boundaries of the proposed annexation.
iii. Any affected governmental agency and/or special district.
iv. Any person who requests notice in writing.
2. Content of Notices. The mailed and published notices shall include the following information:
a. The number and title of the file containing the application, and the name and address of the applicant;
b. The address and telephone number of the community development director or designee’s office where additional information about the application can be obtained;
c. The proposed site location and description of the proposal;
d. A statement including the deadline for submittal of written comments and/or written request for the annexation to be processed as a standard procedure with a public hearing; and
e. Each mailed notice shall contain the following statement: "Notice to mortgagee, lien holder, vendor, or seller: The Cottage Grove Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser."
B. Approval Process and Authority.
1. The city council shall:
a. Approve or deny an application for annexation; and
b. Act by ordinance, which shall be signed by the mayor after the council’s adoption of the ordinance.
C. Notice of Decision. Notice of an annexation decision shall be mailed to the applicant and all participants of record. For approved annexations, notice shall also be mailed to special districts, the county clerk and county assessor. The annexation shall also be filed with the Secretary of State following the submittal of a zone change application by the applicant to the city. The city shall also provide notice to all persons as required by other applicable laws.
D. Official Record.
1. The official record shall include:
a. All materials considered by the hearings body;
b. All materials submitted by the community development director or designee to the hearings body regarding the application;
c. The verbatim record made by the stenographic, mechanical, or electronic means; the minutes of the hearing; and other documents considered;
d. The final ordinance;
e. All correspondence; and
f. A copy of the notices that were given as required by this chapter. (Ord. 3172 §1, 2023; Ord. 2961 §1(Exh. A (part)), 2008)
18.04.060 Standard procedure.
A public hearing in front of the city council shall be required for an annexation processed under the standard procedure.
A. Notice of Hearing.
1. Notification Requirements. Notice shall be given by the community development director or designee in the following manner:
a. At least twenty days, but not more than forty days, before the date of the first hearing on an annexation application, a notice shall be prepared and mailed to:
i. All property owners and electors within the proposed annexation area.
ii. All property owners within three hundred feet of the boundaries of the proposed annexation.
iii. Any affected governmental agency and/or special district.
iv. Any person who requests notice in writing.
b. Notice of hearing shall be published once each week for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, and shall be posted in four public places in the city for a like period.
2. Content of Notices. The mailed and published notices shall include the following information:
a. The number and title of the file containing the application, and the name and address of the applicant;
b. The address and telephone number of the community development director or designee’s office where additional information about the application can be obtained;
c. The proposed site location and description of the proposal;
d. The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and
e. Each mailed notice shall contain the following statement: "Notice to mortgagee, lien holder, vendor, or seller: The Cottage Grove Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser."
B. Hearing Process and Procedure. The city council shall conduct the hearing. Council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time.
C. Approval Process and Authority.
1. The city council shall:
a. Approve or deny an application for annexation; and
b. Act by ordinance, which shall be signed by the mayor after the council’s adoption of the ordinance.
D. Notice of Decision. Notice of an annexation decision shall be mailed to the applicant and all participants of record. For approved annexations, notice shall also be mailed to special districts, the county clerk and county assessor. The annexation shall also be filed with the Secretary of State following the submittal of a zone change application by the applicant to the city. The city shall also provide notice to all persons as required by other applicable laws.
E. Record of the Public Hearing.
1. The official record shall include:
a. All materials considered by the hearings body;
b. All materials submitted by the community development director or designee to the hearings body regarding the application;
c. The verbatim record made by stenographic, mechanical, or electronic means; the minutes of the hearing; and other documents considered;
d. The final ordinance;
e. All correspondence; and
f. A copy of the notices that were given as required by this chapter. (Ord. 2961 §1(Exh. A (part)), 2008)
18.04.070 Final decision and effective date.
An annexation decision, if approved, shall take effect and shall become final as specified in ORS 222.180. The annexation shall be complete as of the date of filing with the Secretary of State of the annexation records as provided in ORS 222.177 and 222.900. Thereafter, the annexed territory shall be and remain a part of the city. The date of such filing shall be the effective date of annexation. As per Section 18.04.090, the city will file the annexation record with the Secretary of State following the submittal of a zone change application for the property. (Ord. 2961 §1(Exh. A (part)), 2008)
18.04.080 Initiation by city.
A proposal for annexation may be initiated by the city council on its own motion. The approval standards from Section 18.04.040 shall apply. (Ord. 2961 §1(Exh. A (part)), 2008)
18.04.090 Zoning of annexed property.
As per the city of Cottage Grove comprehensive plan, all property annexed to the city shall be covered by its county zoning until the city adopts zoning for the property. The property owner shall file a zone change application with the city before the city files the completed annexation with the Secretary of State. When zoning is proposed for the annexation area, the zoning must be in compliance with the city’s comprehensive plan. If the proposed zoning is not in compliance with the comprehensive plan, the applicant must apply for a plan amendment along with the zone change application. (Ord. 2961 §1(Exh. A (part)), 2008)
18.04.100 Boundaries and size of annexation.
When an annexation is initiated by a private individual, the community development director or designee may include other parcels of property in the proposed annexation to make a boundary expansion more logical and/or to avoid creating parcels of land which are not incorporated but are partially or wholly surrounded by the city. If the parcel of land added by the community development director or designee is not a public right-of-way, the annexation must be processed as a standard process with a public hearing. This decision shall be justified in the staff report provided to council regarding the proposed annexation. (Ord. 2961 §1(Exh. A (part)), 2008)
18.04.110 Annexation of property surrounded by the city.
As authorized in ORS 222.750, the city may, by ordinance, annex property within the urban growth boundary of Cottage Grove, if that property is completely surrounded by the corporate boundaries of the city, with or without the consent of any owner or resident of the property proposed for annexation. (Ord. 2961 §1(Exh. A (part)), 2008)
18.04.120 Health hazard annexations.
The city may annex those areas constituting a state-declared health hazard in accordance with ORS Chapter 222. Property otherwise eligible for annexation which is within the urban growth boundary of a city may be annexed by passage of an ordinance without any vote in such area or any consent by the owners of land therein if it is found that a danger to public health exists because of conditions within the area and that such conditions can be removed or alleviated by sanitary, water or other facilities ordinarily provided by incorporated cities. The procedure followed in order to annex an area into the city due to a state-declared health hazard is detailed in ORS 222.840 through 222.915. (Ord. 2961 §1(Exh. A (part)), 2008)