Chapter 18.10
ANNEXATION PROCEDURES
Sections:
18.10.010 Statement of purpose.
18.10.020 Conditions for annexation.
18.10.050 Application requirements.
18.10.060 Acceptance of application.
18.10.090 Action by the planning commission.
18.10.100 Annexation declaration.
18.10.110 Health hazard annexation.
18.10.140 Effective date of district designation.
18.10.150 Action by city council.
18.10.010 Statement of purpose.
The city of Rogue River finds that annexation is the first step to converting future urbanizable lands to urban land within the Rogue River urban growth boundary, and that as such it is an important part of the process of providing timely and orderly urban development. The city also recognizes that the development of lands at an urban density must include the provision of an adequate level of required urban services and infrastructure such as police, fire, sewer, water, and roads and storm drains and open space and parks. Policies and procedures adopted in this chapter are intended to carry out the directives of the citizens of Rogue River and the Rogue River comprehensive plan, and to ensure that annexation of lands to the city is incorporated into the process of providing a timely and orderly conversion of lands to urban areas. [Ord. 21-410-O § 1; Ord. 99-287-O § 1].
18.10.020 Conditions for annexation.
The following conditions must be met prior to or concurrent with the city processing any annexation request:
A. The subject site must be located within the Rogue River urban growth boundary.
B. The subject site must be contiguous to the existing city limits.
C. The applicant shall demonstrate compliance with all criteria set forth in RRMC 18.10.030. [Ord. 21-410-O § 2; Ord. 99-287-O § 2].
18.10.030 Criteria.
The following criteria shall apply to all requests:
A. The proposed use for the site complies with the Rogue River comprehensive plan and with the designation on the Rogue River comprehensive plan map. If a redesignation of the plan map is required concurrent with annexation, the uses allowed under the proposed designation must comply with the Rogue River comprehensive plan.
B. An appropriate city zoning designation shall be requested consistent with the proposed comprehensive plan. The property shall be rezoned to a city zoning designation at the time of annexation.
C. An adequate level of urban services and infrastructure must be available or made available in a specified period of time as determined by the city council. An “adequate level of urban services” shall be defined as:
1. Municipal sanitary sewer with adequate capacity to convey, treat, proposed additional sewerage, storm drainage, and water service with adequate ability to both produce and deliver potable water for residential use and fire protection and meeting the requirements enumerated in the Rogue River comprehensive plan for provision of these services.
2. Roads with an adequate design capacity for the proposed use and projection of future uses. Where construction of the road is not deemed necessary, the city shall note requirements such as dedication of right-of-way, waiver of remonstrance against assessment for road improvement costs, or participation in other traffic. The city shall also consider public costs for improvement and the ability of the city to provide for those costs.
3. Adequate police, fire, parks and open space, and school facilities and services. The adequacy of these services shall be considered in relation to annexation proposals.
D. The burden of providing proposed findings to demonstrate compliance with subsections (A), (B), and (C) of this section is placed upon the applicant.
E. “In a specified period of time as determined by the city council” means that improvements needed for an adequate level of urban services and infrastructure will be provided in a logical, economical, and efficient manner.
F. Improvements for needed infrastructure may be secured by a funding mechanism that will place the primary economic burden on the territory proposed for annexation and not on the city of Rogue River generally. [Ord. 21-410-O § 3; Ord. 99-287-O § 3].
18.10.040 Application filing deadlines.
Repealed by Ord. 21-410-O. [Ord. 99-287-O § 4].
18.10.050 Application requirements.
A. Applications for annexation shall be made on forms provided by the city planner and include the following material:
1. Written consent to the annexation signed by the requisite number of affected property owners, electors, or both, to dispense with an election within the area to be annexed, as provided by state law.
2. Legal description of the property to be annexed and a boundary survey certified by a registered engineer or surveyor licensed in the state of Oregon.
3. Vicinity map and map of the area to be annexed including adjacent city territory.
4. General land use plan indicating types and intensities of proposed development, transportation corridors, watercourses, significant natural features, and adjoining development.
5. Annexation fees, as set by city council resolution.
B. Studies required as determined necessary by the city staff. These studies may include:
1. Statement of overall development concept and methods by which the physical and related social environment of the site, surrounding area, and community will be affected; and any proposed actions to mitigate any such negative effects, if any.
2. Statement of availability, capacity, and status of existing water, sewer, drainage, transportation, park and school facilities as determined.
3. Statement of increased demand for such facilities to be generated by the proposed development.
4. Statement of additional facilities required to meet the increased demand and phasing of such facilities in accordance with project demand.
5. Statement outlining method and source of financing required to provide additional facilities.
6. A narrative demonstrating the need for the urban development proposed for the annexation area; need should be demonstrated based upon a factual analysis of the following factors:
a. Availability within the city of undeveloped land designated for proposed urban development.
b. Analysis of immediate, short-term (one to five years) demand for proposed urban development.
c. Probable phasing of proposed urban development consistent with projected demand for period in which the annexation area is expected to be developed. [Ord. 99-287-O § 5].
18.10.060 Acceptance of application.
A. The city planner shall review the application in accordance with RRMC 17.100.040.
B. After accepting a complete application, the city planner shall schedule a public hearing to be held by the planning commission. Notice of the hearing shall be provided in accordance with RRMC 17.100.040. [Ord. 99-287-O § 6].
18.10.070 Staff evaluation.
The city planner shall prepare a report that evaluates whether the proposal complies with the review criteria in RRMC 18.10.080 and provide a recommendation to the planning commission. [Ord. 99-287-O § 7].
18.10.080 Review criteria.
Annexation shall be reviewed to assure consistency with the purposes of this chapter, policies of the comprehensive plan, and other applicable policies and standards adopted by the city council and state of Oregon. In addition, a finding shall be made that the city is capable of providing services to the subject property(ies) commensurate with the needs of existing property(ies) and any proposed increases. [Ord. 99-287-O § 8].
18.10.090 Action by the planning commission.
The planning commission shall conduct a public hearing in accordance with RRMC 17.100.040 to evaluate the proposed annexation and determine compliance with this code’s annexation requirements and the appropriate development district and zoning designation upon annexation. Following the public hearing the planning commission shall act as follows:
A. Following the close of the public hearing, the planning commission shall establish the appropriate development district(s) upon annexation and forward its recommendation concerning the annexation to the city council. The planning commission’s recommendation shall include findings of fact and conclusions of law that specify how the proposal has or has not complied with the requirements and review criteria set forth in the Oregon Revised Statutes and in this code. The planning commission shall specify such consideration in its findings and conclusions of law. [Ord. 21-410-O § 5; Ord. 99-287-O § 9].
18.10.100 Annexation declaration.
The city council shall by ordinance declare annexation only after determining that all requirements of the Oregon Revised Statutes have been met and all requirements of this chapter have been met, and all applicable fees have been paid. [Ord. 21-410-O § 6; Ord. 99-287-O § 10].
18.10.110 Health hazard annexation.
The city shall annex those areas constituting a health hazard in accordance with Oregon Revised Statutes, taking into consideration the ability of the city to provide necessary services. [Ord. 21-410-O § 7; Ord. 99-287-O § 11].
18.10.120 Island.
The city shall not allow islands or enclaves of unincorporated territory surrounded by or within the city limits. [Ord. 99-287-O § 12].
18.10.130 Coordination.
Annexation requests shall be coordinated with affected public and private agencies, including but not limited to Jackson County, Pacific Power and Light, Rogue River School District No. 35, and, where appropriate, various state agencies. Coordination shall be made by referral of annexation request to these bodies sufficiently in advance of final city action to allow for reviews and recommendations to be incorporated into the city records. [Ord. 99-287-O § 13].
18.10.140 Effective date of district designation.
The decision of the planning commission regarding establishment of the district designation shall become effective upon expiration of the appeal period unless an appeal has been filed in accordance with Chapter 17.120 RRMC. [Ord. 99-287-O § 14].
18.10.150 Action by city council.
A. Upon receipt by the city council of the recommendations of the planning commission, the matter shall be set for a public hearing pursuant to RRMC 17.100.040.
B. The city council shall make a determination that the proposed annexation is in the best interests of the city, there is adequate capacity to provide all municipal services and municipal services can be made to the property and its residents considering the timing of and extent to which municipal services and infrastructure can be provided and shall authorize staff to enter into any appropriate agreements concerning future provision of municipal services and/or funding for such services.
C. If the city elects to annex the property the city council shall assign an appropriate city zoning designation consistent with the city’s comprehensive plan. [Ord. 21-410-O § 8; Ord. 99-287-O § 15].
18.10.160 Public information.
Public information identified in RRMC 18.10.070 for each annexation shall be reviewed by the city council and published in a newspaper of general circulation in the city. [Ord. 21-410-O § 9; Ord. 99-287-O § 16].
18.10.170 Exceptions.
The city council may authorize an exception to any of the requirements of this chapter. An exception shall require a favorable vote of six or more city council members and a statement of findings that indicates the basis for the exception. Exceptions may be granted for reasons including, but not limited to: identified health hazards, limited development potential, or administrative error. [Ord. 99-287-O § 17].