[HISTORY: Adopted by the Mayor and City Council
of the City of Havre de Grace 2-3-2020 by Ord. No. 1028. Amendments noted where
applicable.]
The following principles shall govern annexation:
A.
The City Council may consider and act upon a petition for the annexation
of land contiguous and adjacent to the corporate limits of the City
in order to promote the health, safety, welfare, and economic development
of the City.
B.
The annexation may be appropriate when it promotes coordinated planning
for the area surrounding the land proposed for annexation, and where
it is consistent with the plans for the present and future development
of the City, and where it will not result in isolated development
inconsistent with surrounding land uses.
C.
The annexation must contribute to the realization and/or furtherance
of the goals and objectives of the Comprehensive Plan and any other
corridor or small area plan.
D.
The location relative to existing public facilities and a review
of the City's ability to provide public facilities to serve the annexation
area.
E.
The development of relevant conditions for the protection and benefit
of the residents of the City.
F.
The annexation will not result in an adverse fiscal impact upon the
City.
G.
Upon approval of an annexation petition by the City Council, the
petitioner shall not be permitted to amend or to otherwise change
the terms of the annexation petition.
The following procedures shall govern annexation and the zoning
of land so annexed:
A.
Petition filing contents. A petition for annexation, prepared in
compliance with § 4-404 of the Local Government Article
of the Annotated Code of Maryland. The petition shall be signed by
the owner of the property and any contract purchaser(s) and shall
be filed with the Director of Administration, together with 10 hard
copies, one digital format copy of the petition and a nonrefundable
fee as established by resolution of the City Council. The City may
require additional copies to be provided to the City at its discretion.
The petition shall include the following:
(1)
Descriptive data.
(a)
A legal description of the property with metes and bounds.
(b)
Name and address of all members, stockholders, partners, or
other individuals having a legal or equitable interest in the entity
that owns an interest in the property.
(c)
The names and addresses of all persons residing in the area
to be annexed.
(2)
Exhibit showing:
(a)
The legal boundaries of the property, to include complete parcels
and all property lines in order to eliminate noncontiguous land that
may be annexed in the future.
(b)
The existing land use conditions surrounding the subject property.
(c)
Existing Harford County zoning and the petitioner's proposed
City zoning.
(d)
A property tax map.
(e)
An aerial photographic map at an appropriate scale.
(f)
Topographic map of the property at an appropriate scale.
(g)
Existing public facilities and improvements.
(h)
Existing reserved or public areas.
(3)
Certification that each owner of real property, both within the area
of the proposed annexation and contiguous to the annexation area,
has either executed the petition or has been sent by certified mail
and first-class mail to the address listed in the assessments records,
within 10 days prior to filing of the petition, a summary in a format
provided by the City.
(4)
The petitioner(s) shall submit a concept plan for the proposed annexation
area if future public roads are contemplated and/or significant infrastructure
improvements will be necessary to service the area to be annexed.
The concept plan shall include the following:
(a)
The boundary of the area to be annexed.
(b)
The general location of each proposed land use on the property
and the percentage of the whole for each use. General location of
land uses may be shown as irregular graphic shapes depicting the approximate
size and relationship to adjacent land uses.
(c)
A table listing proposed densities and land use by type, including
the area of each.
(d)
The density of residential development, the maximum and minimum
lot sizes, and the anticipated square footage of commercial and industrial
buildings.
(e)
Existing and proposed arterial and collector streets adjoining
(where applicable) and their relationship to the principal land uses
on the site.
(f)
Existing and proposed major utility lines or facilities and
their relationship to the principal land uses on the site.
(g)
Contour lines at a maximum of five-foot intervals.
(h)
Sensitive environmental features on the site and contiguous
to the property, as available from current Harford County or other
pertinent geographic information system (GIS) databases. These features
shall include streams, wetlands, other waterbodies and floodplains.
(5)
Description of municipal services that may need to be upgraded, initiated,
or extended, together with a recommendation regarding the priority
for accomplishing the improvements and a recommendation as to possible
sources of funding and recoupment for any capital improvements.
(6)
Fiscal impact of the proposed project.
(7)
Description of any unique characteristics such as historical, archaeological,
institutional, etc., situated in the area to be annexed, with an analysis
of how these characteristics would be impacted by annexation.
(8)
A detailed statement as to whether the land uses and densities permitted
under the proposed City zoning classification and the land uses for
the annexed area and densities permitted under the current Harford
County zoning classification are, or are not, substantially different
as that term is defined in § 4-416 of the Local Government
Article of the Annotated Code of Maryland.
B.
Annexation procedures for petitions involving more than 10 acres or causing a potentially significant burden on municipal services. In addition to meeting the requirements of Subsection A above, for annexation requests by property owners for properties that incorporate 10 or more acres, or are determined by the Director of Planning to create a potentially significant burden on municipal services or public facilities, the following additional procedures shall govern the annexation:
[Amended 2-5-2024 by Ord.
No. 1137]
(1)
Petition preliminary review. Within 90 days following the date of
the filing of a petition with all required attachments, the Director
of Planning shall conduct a preliminary review of the petition with
the petitioner(s), or the petitioner's representative, and the
Director of the Department of Public Works. Prior to beginning the
review, the Department of Planning shall inform the petitioner(s),
in writing, of the date when the petition and all required attachments
have been provided and accepted. Based upon this review, the Director
of Planning may direct the petitioner to submit additional information
within a thirty-day period or to take other reasonable steps with
regard to the petition, including:
(a)
Supplementation of the information required to be submitted
in the petition.
(b)
Provision for a study by an independent consultant selected
by the City and the petitioner to evaluate the information submitted
in support of the petition and to determine the fiscal impact of the
annexation on the City.
(c)
Provision for any other studies necessary for the proper consideration
of the petition.
(d)
Additional mailing, posting, or advertising notice requirements.
(2)
Community Informational Meeting (CIM). Within 45 days after the date
of the preliminary petition review, the petitioner shall hold a CIM.
This meeting will be facilitated by the property owner, developer
or their respective representatives and held at a public location
(library, City Hall, etc.) adequate to serve the expected turnout
of residents. The meeting shall be advertised by a posting on the
property or properties at each public road frontage. Notice of the
CIM shall also be sent to all property owners within a 1,000-foot
radius of the subject property by U.S. first-class mail. The City
shall advertise on the City website and public notice board at City
Hall the date of the CIM upon notification by the property owner,
developer, or their representative at least 10 days' prior to
the date of the CIM. At a minimum, all documents included in the petitioner's
filing shall be made available for review at the CIM. The City will
provide copies of all documents on the City's website. Within
45 calendar days after the CIM, the developer shall submit a list
of attendees and minutes of the meeting. The Department of Planning
may require that the meeting be livestreamed, recorded and/or subsequently
transcribed by a court reporter.
(3)
Petition review by Planning Commission.
(a)
Upon completion of the petition review and CIM discussed in
the subsections herein, the Director of Planning shall incorporate
any changes and forward the revised petition package to the Planning
Commission for review at the next scheduled Planning Commission meeting.
The Director of Planning shall also provide a staff report detailing
the procedures that have taken place and the results of any meetings,
studies or other pertinent information. The Director shall advertise
the agenda of the Planning Commission on the City webpage and public
notice board at City Hall. The petitioner shall supply a digital-format
copy of the completed petition package to the Director of Planning
prior to this submittal.
(b)
The Planning Commission will review the petition for annexation
and take public comment during its scheduled meeting.
(c)
The Planning Commission shall submit its recommendation to the
City Council within 60 days of the Planning Commission meeting.
C.
Payment for processing and review.
[Amended 2-5-2024 by Ord.
No. 1137[1]]
(1)
The petitioner shall be responsible for payment for all studies required
by the Director of Planning and reimbursement of all staff and attorney
time necessary for review of the petition and all studies. Upon filing
the petition, the petitioner shall place $5,000 in escrow with the
City to use for processing, review, and legal fees. The petitioner
will receive invoices monthly for the amount of escrow used during
the previous month. The petitioner shall contribute monthly to the
escrow an amount necessary to maintain the $5,000 minimum escrow balance.
Payment to replenish the escrow balance shall be paid within 15 days
of receiving the invoice. Any amounts remaining in escrow upon completion
of the annexation process will be returned to the petitioner.
(2)
City staff shall keep an accounting of their time spent on the annexation
review reflecting the hourly rate of each employee established by
the City.
D.
Adoption of annexation plan. Consistent with § 4-415 of
the Local Government Article of the Annotated Code of Maryland, the
City Council shall adopt an annexation plan which shall be open to
public review and discussion at a public hearing.
E.
Public hearing.
(1)
When the petitioner has complied with the requirements as specified
by the Director of Planning following the review and the annexation
petition has been prepared and distributed, the City Council shall
introduce an annexation resolution and conduct a public hearing with
regard to the proposed annexation at the time and place as shall be
established by it.
(2)
The hearing shall be conducted and a record of the proceedings shall
be preserved in a manner as the City Council prescribes.
(3)
A description of the annexation and a notice of the time and place
of the hearing shall be published as specified in § 4-406
of the Local Government Article of the Annotated Code of Maryland.
(4)
At the hearing, the recommendation of any board, commission, or agency
shall be considered as evidence.
F.
Conditions. In acting favorably with regard to the petition, the
City Council may include in its resolution such conditions and restrictions
as are deemed necessary for the protection of the public interest,
economic development, furtherance of the health, safety, and welfare
of the residents of the City and to secure compliance with any relevant
legal standards or requirements.
G.
Annexation agreement.
(1)
The City Council may, prior to voting on the resolution, enter into
an annexation agreement with persons and entities that are petitioners
in the annexation petition. Only those petitioners that agree to be
responsible to the City for performance of contractual or financial
commitments, or that promise community benefits, are required to be
a party to the agreement.
(2)
The City Council shall hold a public hearing on the proposed agreement
prior to the City's final approval and execution of the agreement
and before taking a vote on the annexation resolution. The copies
of the proposed agreement shall be made available to the public at
City Hall no later than 10 calendar days' prior to the public
hearing.
(3)
The effective date of the agreement shall be the date that the approval
of the annexation resolution by the City Council becomes final. Upon
the annexation resolution becoming final, the agreement shall be binding
upon the parties thereto, their heirs, successors, grantees, and assigns.
(4)
The annexation agreement shall be recorded by the City in the land
records of Harford County, Maryland, within 30 days of the date the
annexation resolution becomes final.
H.
Zoning. In acting favorably with regard to the petition, the City
Council shall designate the zoning classification of the annexed land
as provided for in this chapter and in other applicable laws, ordinances,
regulations, and procedures related to zoning of annexed land.
J.
Other applicable law. This procedure is in addition to any other
provisions of the City Charter and Code of the City of Havre de Grace
and of the Annotated Code of Maryland that govern annexation and the
development of land.
A.
The Mayor and City may legislatively initiate an annexation proposal
in accordance with the State Land Use Article § 4-403.
