Chapter 13.38
ANNEXATION
Sections:
13.38.010 Purpose and planning context.
13.38.020 Annexation goals.
13.38.030 Annexation – General.
13.38.040 Annexation – Unincorporated islands.
13.38.050 Annexation – Municipal boundaries.
13.38.060 Annexation – Zoning.
13.38.070 Extension of services.
13.38.080 Annexation of developed properties.
13.38.090 Annexation process.
13.38.100 Effective date of annexation.
13.38.010 Purpose and planning context.
The Growth Management Act (GMA) requires that cities and counties cooperatively determine Urban Growth Areas (UGAs). When added together, the UGA for Ferndale must be large enough to hold the urbanized growth which is expected to occur over the next 20 years. The primary purpose of this chapter is to establish a framework for phased growth within the City of Ferndale. The guidance contained herein is intended to ensure the efficient delivery of public services to new development as it occurs in a manner that is most beneficial to the citizens of the community.
UGAs are intended to achieve several important objectives. To the extent that annexation policies are used to support the goals and purposes of UGAs, they become an important component of the City’s policies relative to the GMA. UGAs identify lands that will be developed for urban uses and land that will potentially become annexed into the City. This identification of developable lands provides knowledge to landowners and government agencies, allowing them to plan and invest in urban areas.
While some land within the UGA is either unsuited for urban development or has important resource values that will be protected, most of the area within the UGA will be developed for urban uses. The designation of UGAs also makes the provision of public facilities easier by providing for contiguous and compact urban lands.
UGAs also protect rural areas, resource lands, and large areas of fish and wildlife habitats outside of the UGA boundaries. Property owners know they can invest in rural and natural resource uses on these lands without worrying about the encroachment of urban uses outside of the UGA boundary. (Ord. 1344 § 1, 2005)
13.38.020 Annexation goals.
The following goals are intended to guide the annexation practices of the City of Ferndale:
A. Ensure that there are urban densities within the City’s corporate limits.
B. Encourage urban growth within the City limits with gradual phasing outward from the urban core.
C. Ensure that adequate public services, facilities, and publicly owned utilities are available or can be cost-effectively provided to proposed and existing development.
D. Supply a sufficient, safe, and suitable housing supply to meet the projected future housing needs for Ferndale over the next 20 years.
E. Reduce impacts from flooding, encourage efficient stormwater management, and ensure that the critical areas of Ferndale are protected and preserved.
F. Consider cost/benefit issues, when appropriate, for proposed annexations to determine annexation boundaries and timing.
G. Inform the public of all annexation proceedings, in full accordance with state law.
H. Consider citizens’ concerns during the annexation process.
I. Extend public services and infrastructure consistent with the Comprehensive Plan and other planning documents.
J. Complete annexations following the guidance provided in the City/County Interlocal Agreement related to annexations. (Ord. 1344 § 1, 2005)
13.38.030 Annexation – General.
The City of Ferndale will consider annexation of contiguous properties within its UGA. Those properties whose physical location would promote “leap frog” annexation, resulting in noncontiguous City limits, will not be considered.
Timing of annexation proposals will be determined based on what is most beneficial to the citizens of the community. Benefit to the community shall be determined through cost/benefit calculations and other factors included in FMC 13.38.020 and the City’s Comprehensive Plan (Urban Growth Area/Annexation).
The City shall endeavor to apply consistent and appropriate zoning based on surrounding zoning densities, existing facilities, anticipated future facilities, neighboring residents’ desires, and the City’s desired direction for future development.
Newly annexed territory shall assume its equitable share of the City’s bonded indebtedness. (Ord. 1344 § 1, 2005)
13.38.040 Annexation – Unincorporated islands.
The City of Ferndale shall encourage annexation of unincorporated islands within its UGA. To the extent possible, the City shall not allow annexations that create new unincorporated islands or unincorporated areas substantially surrounded by annexed areas. The City shall consider annexations that lessen the size of existing unincorporated islands if it is not feasible to annex the entire island. (Ord. 1344 § 1, 2005)
13.38.050 Annexation – Municipal boundaries.
To maintain efficient City service provision, Ferndale shall discourage annexations that would result in irregular City boundaries. Annexations shall include the largest practicable area contiguous to City limits that still result in logical City boundaries. (Ord. 1344 § 1, 2005)
13.38.060 Annexation – Zoning.
Ferndale shall only approve annexations that lie completely within the UGA and whose proposed zoning are consistent with the City’s Comprehensive Plan. The land use designations specified in the Comprehensive Plan shall be used as guidance by the Planning Commission in determining the recommended zoning classification. The land use designations, as determined by the City Council through their acceptance of the annexation, shall remain on the annexed properties for at least five years following annexation. (Ord. 1344 § 1, 2005)
13.38.070 Extension of services.
Ferndale will only support extensions of public water, sewer, and/or storm drainage services within the UGA that are consistent with the City’s Comprehensive Plan, Water Comprehensive Plan, Wastewater Comprehensive Plan, Chapter 13.36 FMC, and other relevant documents. The City will only extend such services to areas outside of the established UGA when supported by the county-wide planning policies.
Ferndale will consider the existing boundaries of special purpose districts when reviewing annexation proposals. Affected districts will be notified and provided the opportunity to comment on annexation proposals. (Ord. 1344 § 1, 2005)
13.38.080 Annexation of developed properties.
The City shall not support annexation of developed parcels unless they meet the following criteria:
A. Properties with existing, properly functioning septic tank drain field systems shall not be required to connect to City sewer until one of the following events occurs and at that time shall be required to connect:
1. Upon determination by the county health department that the existing septic system cannot function properly and City sewer service is within 200 feet of the property.
2. Upon determination by the county health department that the existing septic system must be expanded to accommodate the use and City sewer service is within 200 feet of the property.
B. Failed septic systems (or systems deemed undersized for the use) shall not be repaired or replaced with another septic system. (Ord. 1344 § 1, 2005)
13.38.090 Annexation process.
The following process assumes that the proponents of the annexation have chosen to utilize the “petition method” of annexation. To the extent that other methods of annexation exist and can be utilized, the process will vary. The annexation process also provides for the optional use of a developer’s agreement and binding site plan.
A. Pre-“Notice of Intent to Annex” Meeting with Planning Staff. Proponents, or their representatives, shall meet with the City planning staff to discuss the general annexation procedures, area-specific issues, recommended acreage size, logical boundaries of the annexation area, proponent’s proposed zoning designations, and other areas of potential concern. Planning staff will provide interested parties with forms and procedural requirements relative to the proposed annexation.
B. Pre-“Notice of Intent to Annex” Neighborhood Meeting. Proponents of an annexation shall complete the following at their own expense prior to submitting a notice of intent to annex document with the City:
1. Obtain a list of all property owners within the proposed area of annexation and within 300 feet from the boundaries of the proposed area of annexation from the Whatcom County assessor;
2. Notify, via U.S. mail, all property owners identified above of the neighborhood meeting at least 14 days prior to the date of the neighborhood meeting;
3. Advertise in a newspaper of general circulation at least 14 days prior, the time and place of the neighborhood meeting to discuss the proposed intent to annex;
4. Post a public notice of the neighborhood meeting at a few highly visible locations, as specified by the City, at least 14 days prior to the date of the meeting;
5. Provide notice to the Whatcom County planning department of the neighborhood meeting;
6. Provide an affidavit to the City verifying compliance with the required notification and public outreach contained in subsections (B)(1) through (5) of this section.
C. Notice of Intent to Annex. Once the above neighborhood meeting has been conducted, the proponents of annexation shall complete a notice of intent to annex on a form provided by the City. In addition to the requirement that the owners of not less than 10 percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, have signed the notice, the following shall be submitted to the City together with the notice:
1. Confirmation that the required prenotice neighborhood meeting has been conducted;
2. A complete list of property owners in the proposed annexation area;
3. A summary of the issues raised at the neighborhood meeting and the proponents’ responses;
4. A map depicting the proposed annexation area;
5. A legal description of the proposed annexation boundaries;
6. The payment of a preliminary annexation processing fee as contained in the City’s most current approved Fee Code;
7. Copy of written notice to the Whatcom County planning department of the notice of intent to annex.
D. City Council Consideration of the Notice of Intent to Annex. Within 30 days following the submission of the notice of intent to annex and following a meeting in front of the Planning and Judicial Committee, the City Council will vote to accept or reject the notice of intent to annex. If the Council votes to reject the notice of intent, the proponents shall be free to resubmit the notice of intent at any time following six months from the date of rejection, following the procedures outlined herein and following the repayment of all necessary fees. If the Council voted to accept the notice of intent, the proponents shall proceed with the steps outlined below.
E. Petition for Annexation. Following the acceptance by the City Council of the notice of intent to annex, the petitioners shall complete a petition for annexation on a form provided by the City and pay an annexation processing fee as contained in the City’s most current approved Fee Code. Concurrent with the proponents completion of the petition for annexation, City staff will complete, or caused to be completed, a technical review necessary to determine the fiscal impact of the annexation on the citizens of Ferndale. To complete this analysis, the following scale of fee deposits shall be payable:
1. Annexation of up to 20 acres = as contained in the City’s most current approved Fee Code.
2. Annexation of more than 20 acres to 100 acres = as contained in the City’s most current approved Fee Code.
3. Annexation of more than 100 acres = as contained in the City’s most current approved Fee Code.
The above fiscal impact analysis fees shall be in the form of a deposit. The actual cost of preparing the analysis shall be billed on a time and material basis with the City collecting additional funds if necessary and/or refunding unspent moneys to the proponents upon the completion of the fiscal impact analysis.
F. Certificate of Petition Completeness. Following completion of the petition for annexation, payment of requisite fees, and submittal to the City, the City Clerk shall issue a certificate of completeness to the proponents. This certificate of completeness shall be issued by the City after the following steps are completed but in no case more than 30 days after the submission of the petition.
1. Confirmation with the county assessor that the proponent-supplied list of property ownership is complete and accurate.
2. Confirmation with the county auditor that the proponent-supplied registered voter listing is complete and accurate.
3. Confirmation that the petition form is correct and that the requisite signatures have been obtained and fees paid.
G. City Technical Review and Analysis. Following the issuance of the certificate of petition completeness, the City shall undertake, or cause to be undertaken, a review and analysis of the petition and its conformance with the goals listed in FMC 13.38.020 together with the fiscal impact analysis detailed in subsection (E) of this section. The City shall complete this review and analysis in a period not longer than 60 days from issuance of the certificate of petition completeness. If the City is unable to complete the review and analysis within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for completion of the technical review and analysis.
H. Planning Commission Public Hearing. Following the completion of the technical review by the City and following the submission of the completed and deemed complete petition for annexation by the proponents, the Planning Commission shall hold a public hearing to consider the annexation proposal. Following the public hearing, the Planning Commission shall forward its recommendation, including a recommendation as to zoning, to the City Council for consideration and final action.
I. City Council Public Hearing. Within 30 days of the public hearing before the Planning Commission, the Council shall hold a public hearing and vote to accept or reject the petition for annexation. If the Council votes to reject the Petition for Annexation, the proponents shall be free to resubmit for annexation at a future date following the procedures outlined herein (see subsection (D) of this section) and following the repayment of all necessary fees. If the Council voted to accept the annexation, the proponents shall proceed with the steps outlined below.
J. Boundary Review Board (BRB) Review. Following the acceptance of the petition for annexation by the City Council and the payment of a BRB fee as contained in the City’s most current approved Fee Code by the annexation proponents, the City shall file a notice of intention containing required information (RCW 36.93.130 as amended) with the Boundary Review Board. The notice of intention process includes:
1. The BRB Chief Clerk reviews the notice of intention to determine legal sufficiency and when deemed sufficient, assigns a filing date and file number. A 45-day review period begins on the date it is filed by the Chief Clerk.
2. The Chief Clerk routes the notice of intention to agencies, municipalities, county departments, special purpose districts, and interested citizens for review and comment.
3. The BRB Chair may waive the 45-day review period by written statement if the proposed action is an annexation under 10 acres and less than $2,000,000 in assessed valuation. The annexation then may proceed as proposed.
4. If the 45-day review period elapses without the Board’s jurisdiction being invoked, the proposed action is deemed approved.
K. City Council Annexation Ordinance. Within 30 days of approval by the BRB, the Ferndale City Council shall consider an ordinance annexing the property into the City. If approved, the property is annexed into the City. (Ord. 1394, 2006; Ord. 1344 § 1, 2005)
13.38.100 Effective date of annexation.
The annexation, together with any provisions for the assumption of indebtedness and any other special annexation requirements, takes effect on the date set in the annexation ordinance. (Ord. 1344 § 1, 2005)