(A)
Clearly define the process for the review of proposals to annex territory
to the City;
(B)
Provide a process for the subsequent withdrawal of territory from
special service districts; and
(C)
Provide a process for City approval of annexations to certain special
districts, including, but not limited to: the Lane County Metropolitan
Wastewater District; and the Willamalane Park and Recreation District.
(6212)
(A)
These regulations apply to annexation applications as specified in
SDC 5.7.125; and
(B)
Other annexation proposals permitted by ORS 222 shall be processed
as provided in ORS 222.
(6212)
The following definitions are specific to this section:
A City, City-County or Cities, named in a petition, for which
a boundary change is proposed or a City, City-County or Cities, named
in an ordinance or order, for which a boundary change is ordered.
Each county that contains any territory for which a boundary
change is proposed or ordered.
Each special district named in a petition that contains or
would contain territory for which a boundary change is proposed or
ordered. Affected district also means a district or districts, named
in a petition, for which a boundary change is proposed or ordered.
Territory described in a petition. Affected territory also
means an area within the urban growth boundary of a City that is otherwise
eligible for annexation to a City where there exists an actual or
alleged danger to public health as defined in ORS 222.
The attachment or addition of territory to, or inclusion
of territory in, an existing City or district.
A written agreement between the City and owners of land requesting
annexation that states the terms, conditions and obligations of the
parties to mitigate fiscal and service impacts to the City associated
with the annexation and future development of the property. The agreement
may be used to ensure annexation consistent with the Metro Plan.
A contract between a City and a landowner relating to extraterritorial
provision of service and consent to eventual annexation of property
of the landowner. The contract shall be recorded and shall be binding
on all successors with an interest in that property.
An action by the City Council duly authorized by ORS 222
that results in the adjustment of the city limits or the boundary
of a public service district.
A map prepared by the Lane County Assessor’s office
showing bearings and distances and the boundaries of parcels, lots
and tracts of land.
Forms provided by the affected City that must be included
with certain annexation and extraterritorial extension applications
which include the signature of the owner of part or all of the affected
territory, and electors, if any, as applicable.
Territory that abuts the city limits at any point along the
property’s exterior boundary or separated from the city limits
by a public right-of-way or a stream, bay, lake or other body of water.
The effective date of the boundary changed as prescribed
in ORS 222.040, 222.180 or 222.465.
An active registered voter at an address within the affected
territory.
The connection of water or sanitary sewer service to developed
property located outside the city limits and within the urban growth
boundary.
The extension of a water or sanitary sewer line outside the
city limits and within the urban growth boundary.
A contract between the owner of property proposed to be served
and the City specifying and identifying service provisions, obligations
of the City and cost obligations of the owner of the affected territory.
The decision to enter into such a contract shall be initiated at the
sole discretion of the City Council.
The submittal of materials to initiate a boundary change
process.
Any of the following descriptions of participants and documentation
necessary for commencement of City annexation process:
All of the owners of land in the territory proposed to be annexed,
and not less than 50 percent of the electors, if any, residing in
the territory proposed to be annexed, have consented in writing to
the annexation and file a statement of their consent to annexation
with the City;
More than half of the owners of land in the territory proposed
for annexation who also own more than half of the land in the contiguous
territory and of real property therein representing more than half
of the assessed value of all real property in the contiguous territory
consent in writing to the annexation and file a statement of their
consent to annexation with the City;
A majority of the electors registered in the territory proposed
to be annexed and owners of more than half of the land in that territory
consent in writing to the annexation and file a statement of their
consent to annexation with the City;
The City Council may, without any vote or any consent by the
owners, annex territory within the urban growth boundary if it is
found that a danger to public health exists within that territory
and that such condition can be removed or alleviated by sanitary,
water or other facilities ordinarily provided by incorporated cities;
or
The City Council may, by resolution, initiate annexation of
public right-of-way or other public land contiguous to the city limits.
As defined in ORS 308.225(2).
An ordinance, resolution, order or other similar matter providing
notice authorized or required to be published, posted or mailed.
The legal owner of record according to the latest available
Lane County Tax assessment roll or, where there is an existing recorded
land contract that is in force, the purchaser thereunder. If there
is a multiple ownership in a parcel of land, each consenting owner
is counted as a fraction to the same extent as the interest of the
other owners and the same fraction is applied to the parcel’s
land mass and assessed value for purposes of the consent petition.
If a corporation owns land in the affected territory, the corporation
must be considered the individual owner of that land.
Any document such as signature sheets, resolutions, orders
or articles of incorporation, required for initiating an annexation,
withdrawal or provision of extraterritorial services. In the case
of a petition initiated by property owners, the person signing on
behalf of a corporation or business must provide evidence showing
that person is authorized to sign legal documents for the firm.
A proceeding to consider a boundary change.
The set of documents required to initiate proceedings for
a boundary change. Special Service District. Any of the districts
identified in ORS 198.
A site-specific line, delineated on a map or by written description
that separates urban and urbanizable land from rural lands that is
part of a comprehensive plan.
The detachment, disconnection or exclusion of territory from
an existing City or district.
(6212)
Annexation applications are reviewed under Type 4 procedure,
without Planning Commission consideration.
EXCEPTION: A single lot/parcel adjacent to the
city limits and city services and not dividable by Partition or Subdivision
may be annexed by the City Council without a public hearing.
(6212)
The applicant must schedule and attend a Development Initiation
Meeting prior to filing an annexation application where staff will
inform the applicant of the annexation application submittal requirements
and procedures specified in this section, unless waived by the Director.
(6212; Ord. 6466, 11/20/2023)
(A)
An annexation application may be initiated by City Council resolution,
or by written consents from electors and/or property owners as provided
below.
(B)
In addition to the provisions specified in SDC 5.1.220, an annexation
application must include the following:
(1)
A list of all owners, including partial holders of owner interest,
within the affected territory, indicating for each owner:
(a)
The affected tax lots, including the township, section and range
numbers;
(b)
The street or site addresses within the affected territory as shown
in the Lane County Regional Land Information Database system (RLID);
(c)
A list of all eligible electors registered at an address within the
affected territory; and
(d)
Signed petitions, as may be required.
(2)
Written consents on City approved petition forms that are:
(b)
Completed and signed, in accordance with ORS 222.170, by:
(i)
More than half the owners of land in the territory, who also
own more than half the land in the contiguous territory and of real
property therein representing more than half the assessed value of
all real property in the contiguous territory (ORS 222.170(1)); or
(ii)
A majority of the electors registered in the territory proposed
to be annexed and a majority of the owners of more than half the land
(ORS 222.170(2));
(iii)
Publicly owned rights-of-way may be added to annexations initiated
by these 2 methods without any consents;
(3)
A City Council resolution to initiate a boundary change, including,
but not limited to, publicly owned rights-of-way.
(4)
In lieu of a petition form described in subsection (B)(2) above, an owner’s consent may be indicated on a previously executed Consent to Annex form that has not yet expired as specified in ORS 222.173 or previously executed Annexation Agreement consenting to the annexation of territory.
(5)
Verification of Property Owners form signed by the Lane County Department
of Assessment and Taxation.
(6)
A Certificate of Electors form signed by the Lane County Elections
Voter Registration Department.
(7)
An ORS 197.352 waiver form signed by each owner within affected the
territory.
(8)
A waiver form signed by each owner within the affected territory
as allowed by ORS 222.173.
(9)
A legal description of the affected territory proposed for annexation
consistent with ORS 308.225 that will include contiguous or adjacent
right-of-way to ensure contiguity as required by ORS 222.111.
(10)
A Lane County Assessor’s Cadastral Map to scale highlighting
the affected territory and its relationship to the city limits.
(11)
A list of the districts providing services to the affected territory.
(12)
A public/private utility plan describing how the proposed affected
territory can be served by a full/minimum level of key urban facilities
and services.
(13)
A signed Annexation Agreement, if required by the Director, to resolve
fiscal impacts upon the City caused by the proposed annexation. The
Annexation Agreement shall address, at a minimum, connection to and
extension of public facilities and services. Connection to public
facilities and services shall be at the discretion of the City, unless
otherwise required by ORS. Where public facilities and services are
available and can be extended, the applicant shall be required to
do so.
(14)
A written narrative addressing the proposal’s consistency with
the approval criteria specified in SDC 5.7.140.
(15)
A fee as established by Council Resolution.
(6212; Ord.
6466, 11/20/2023)
Notice requirements for annexations shall be as specified below:
(A)
Mailed Notice. Notice of the annexation application shall be mailed
at least 14 days prior to the public hearing date to:
(1)
The applicant, property owner and electors in the affected territory;
(2)
Owners and occupants of properties located within 300 feet of the
perimeter of the affected territory;
(3)
The neighborhood group or community organization officially recognized
by the City that includes the affected territory;
(4)
Affected special districts and all other public utility providers;
and
(5)
Lane County Land Management Division, Lane County Elections, and
the Lane County Board of Commissioners.
(B)
Newspaper Notice. Notice of the public hearing at which an annexation
application will be considered shall be published in a local newspaper
with general circulation once each week for 2 successive weeks prior
to the hearing date.
(C)
Posted Notice. Notice of the public hearing at which an annexation
application will be considered shall be posted in 4 public places
in the City for 2 successive weeks prior to the hearing date.
(D)
Notice Contents. Notice of the public hearing at which an annexation
application will be considered shall include:
(1)
The Lane County Tax Assessor’s map and tax lot numbers, street
addresses or other easily understood geographical references of the
affected territory;
(2)
A statement that the Director’s recommendation will be available
7 days prior to the public hearing; and
(3)
The date, time and place the City Council will hold a public hearing
to consider the annexation application.
(6212)
The Director shall forward a written recommendation on the annexation
application to the City Council based on the approval criteria specified
in SDC 5.7.140.
(6212)
An annexation application may be approved only if the City Council
finds that the proposal conforms to the following criteria:
(B)
The proposed annexation is consistent with applicable policies in
the Metro Plan and in any applicable refinement plans or Plan Districts;
(C)
The proposed annexation will result in a boundary in which the minimum
level of key urban facilities and services, as defined in the Metro
Plan, can be provided in an orderly, efficient and timely manner;
and
(D)
Where applicable, fiscal impacts to the City have been mitigated
through an Annexation Agreement or other mechanism approved by the
City Council.
(6212)
City Council approval of annexation applications shall be by
Ordinance.
(6212)
Currently, all unincorporated land within the City’s urban
growth boundary is zoned in compliance with the land use districts
listed in this code and is designated in compliance with the Metro
Plan. Unincorporated land within the urban growth boundary is distinguished
from land within the city limits by the addition of the Urban Fringe
(UF-10) Overlay District established in SDC 3.3.800. Upon approval
of the annexation by the City Council:
(A)
The UF-10 Overlay District designation shall cease to apply automatically;
and
(B)
The current zoning shall apply, unless a zoning map amendment has
been submitted and approved by the City.
(C)
The Director will not deem an application complete for a zoning map
amendment until the annexation has been approved by the City Council
and becomes effective, as that term is described in SDC 5.7.113.
(6212; 6443)
(A)
The effective date of an approved annexation shall be set in accordance
with ORS 222.040, 222.180 or 222.465.
(B)
Notice of Approved Annexation.
(1)
Not later than 10 working days after the passage of an Ordinance
approving an annexation, the Director shall:
(a)
Send by certified mail a notice to public utilities (as defined in
ORS 757.005), electric cooperatives and telecommunications carriers
(as defined in ORS 133.721) operating within the City; and
(b)
Mail a notice of the annexation to the Secretary of State, Department
of Revenue, Lane County Clerk, Lane County Assessor, affected districts,
and owners and electors in the affected territory. The notice shall
include:
(c)
The notice to the Secretary of State will also include copies of
the petitions signed by electors and/or owners of the affected territory
as required in SDC 5.7.125.
(2)
If the effective date of an annexation is more than 1 year after
the City Council passes the Ordinance approving it, the Director shall
mail a notice of the annexation to the Lane County Clerk not sooner
than 120 days and not later than 90 days prior to the effective date
of the annexation.
(6212)
(A)
Withdrawal from special districts may occur concurrently with the
approved annexation ordinance or after the effective date of the annexation
of territory to the City. The Director shall recommend to the City
Council for consideration of the withdrawal of the annexed territory
from special districts as specified in ORS 222.
(B)
Withdrawal from special districts processed separate from the process
annexing the territory to the City requires a Public Hearing with
notice as required in SDC 5.7.130.
(C)
Criteria. In determining whether to withdraw the territory, the City
Council shall determine whether the withdrawal is in the best interest
of the City.
(D)
Effective Date. The effective date of the withdrawal shall be as
specified in ORS 222.465.
(E)
Notice of Withdrawal. Notice will be provided in the same manner
as specified in SDC 5.7.150.
(6212)
Appeals of the City Council decision shall be to the Land Use
Board of Appeals, as specified in SDC 5.1.800.
(6212; 6443)
