"Landowner," when used in this article, means
the owner of real property in the territory proposed to be annexed
who was in the last calendar year liable for a property tax thereon
or was exempt by law from the payment of taxes on the property. One
who has a right to purchase land under a written contract shall be
deemed the "landowner" of that land for annexation purposes.
The proceedings for annexation of territory
may be initiated by a written petition filed with the Town Clerk-Treasurer
to which it is proposed to annex territory, provided the following
conditions and procedures are complied with:
A. The petition shall be signed and dated by the landowners
of a majority of the area sought to be annexed, excluding public streets
and alleys, and tax-exempt property. The landowners shall also comprise
a majority in number of all landowners in the area.
B. The petition shall contain the following detailed
information:
(1) A legal description of the area sought to be annexed;
(2) A request that the described territory be annexed;
(3) A statement that each signer is an owner of land and
a description of his land within the area proposed to be annexed;
(4) A map of the area proposed to be annexed. The size of the map shall conform to WS § 33-29-139, Wyoming Statutes 1977, as amended. The map shall comply in all respects with the requirements of §
400-21, Map contents, excepting the word "subdivision" where it appears in §
400-21, and substituting therefor the words "area proposed to be annexed";
[Amended 8-23-2010 by Ord. No. 461]
(5) A statement of the proposed use of all of the area
proposed to be annexed, stating type of residential buildings with
the number of proposed dwelling units, type of business or industry,
so as to reveal the effect of the development on traffic, fire hazard
or congestion of population;
(6) Covenants and restrictions in effect and proposed
covenants and restrictions;
(8) Provisions for sewage disposal, drainage and flood
control;
(9) The proposed zoning plan for the area, including dimensions;
(10)
Soil characteristics and grades of slope;
(11)
An affidavit setting forth limits of the area
proposed to be annexed as their names appear on the county tax record;
(12)
An affidavit signed by each landowner signing the annexation petition certifying that all improvements to the area proposed to be annexed have been completed in full compliance with Article
XII, Required Improvements, of this chapter, excepting the word "subdivision" where it appears in Article
XII and substituting the words "area proposed to be annexed," and excepting the word "subdivider" where it appears in Article
XII and substituting therefor the word "landowners."
C. No signature on the petition is valid if it is dated
more than 180 days prior to the date of filing the petition for annexation
with the Town-Clerk Treasurer. No person signing a petition for annexation
may withdraw his signature from the petition after it has been filed
with the Clerk-Treasurer.
D. The Town Clerk-Treasurer shall refer the petition
to the Town Council which shall then, without undue delay, take appropriate
steps to determine if the petition is substantially in compliance
with this article. If the petition is not in minimum compliance the
petitioners shall be notified that no further action will be taken
on the petition until compliance is made. If the petition is in minimum
compliance, the Town Council shall establish a date, time and place
when a public hearing will be held on the petition as provided in
this article.
[Amended 1983 by Ord. No. 99]
Before any territory is eligible for annexation,
the Town Council must find:
A. That an annexation of the area is for the protection
of the health, safety and welfare of the persons residing in the area
and in the Town;
B. That the urban development of the area sought to be
annexed would constitute a natural, geographical, economical and social
part of the Town;
C. That the area sought to be annexed is a logical and
feasible addition to the Town and that the extension of basic services,
such as public water and sewer systems, police and fire protection,
and other services available to residents of the Town can reasonably
be furnished to the area proposed to be annexed;
D. That the area sought to be annexed is contiguous with
or adjacent to the Town. Contiguity will not be adversely affected
by the existence of a platted street or alley, a public or private
right-of-way, a lake, stream, reservoir or other natural or artificial
waterway located between the Town and the land sought to be annexed;
E. That within the area proposed to be annexed all improvements have been completed in full compliance with Article
XII, Required Improvements, of this chapter, excepting the word "subdivision" where it appears in Article
XII and substituting therefor the words "area proposed to be annexed," and excepting the word "subdivider" where it appears in Article
XII and substituting therefor the word "landowners." The provisions of this subsection notwithstanding, this finding shall not be required when annexation is requested pursuant to §
400-111, Alternative petition.
[Amended 1983 by Ord. No. 99]
A. The annexation procedure provided for in §§
400-109 and
400-110 may be varied from, provided that a majority of the members of the Town Council find in their sole legislative discretion that the requirements would not serve a useful Town purpose when considering a particular annexation request. The Council may place conditions on such annexation. A written petition must be filed with the Town Clerk-Treasurer, which petition shall be in accordance with applicable state law and shall meet the following requirements:
(1) The petition shall be signed and dated by the landowners
of a majority of the area sought to be annexed, excluding public streets
and alleys, and tax-exempt property. The landowners shall also comprise
a majority in number of all landowners in the area.
(2) The petition shall contain the following detailed
information:
(a)
A legal description of the area sought to be
annexed;
(b)
A request that the described territory be annexed;
(c)
A statement that each signer is an owner of
land and a description of his land within the area proposed to be
annexed and that there are no other owners of land within the area
proposed to be annexed;
(d)
A map of the area proposed to be annexed. The
size of the map shall conform to WS § 33-29-139, Wyoming
Statutes 1977, as amended. The map shall contain the following information:
[1]
Names of adjacent subdivisions and owners of
adjoining parcels of unsubdivided land;
[2]
Names and addresses of the owner and engineer;
[3]
Location by sections, town, range, township,
county, state;
[4]
Names of streets within the adjoining plats;
[5]
Boundaries of the land proposed for annexation
indicated by a heavy line and the approximate acreage;
[6]
Location, widths and names of existing or platted
streets, rights-of-way, easements, parks, permanent buildings, section
and corporation lines;
[7]
Zoning districts as established by Sublette
County, if any;
[8]
The zoning district to be requested, the proposed
zoning plan for the areas, including dimensions and the relationship
of requested zoning to any Master Plan for the area;
[9]
Soil characteristics and grades of slopes;
(e)
A statement of the proposed use of all of the
area proposed to be annexed, stating the type of residential buildings
with the number of proposed dwelling units, type of business or industry,
so as to reveal the effect of the development on traffic, fire hazard
or congestion of population;
(f)
Covenants and restrictions in effect, if any;
(g)
The proposed zoning plan for the area, including
dimensions and the relationship of the proposed zoning district to
any Master Plan for the area.
(3) No signature on the petition is valid if it is dated
more than 180 days prior to the date of filing the petition for annexation
with the Town Clerk-Treasurer. No person signing a petition for annexation
may withdraw his signature from the petition after it has been filed
with the Town Clerk-Treasurer.
B. The Town Clerk-Treasurer shall refer the petition
to the Planning and Zoning Commission, which shall review the petition
at its first meeting after receipt of the petition and provide the
Town Council with its recommendations. Thereafter, the Town Council
shall, without undue delay, take appropriate steps to determine if
the petition is substantially in compliance with this article. If
the petition is not in compliance, the petitioners shall be notified
that no further action will be taken on the petition until compliance
is made. If the petition is in compliance, the Town Council shall
establish a date, time and place when a public hearing will be held
on the petition as provided in this article.
[Amended 1983 by Ord. No. 99]
The Town Council may not annex territory to
the Town without notice and public hearing. The public hearing on
the petition for annexation shall be held not less than 30 days nor
more than 120 days after the filing of the petition with the Town
Clerk-Treasurer. The Clerk-Treasurer shall give notice of the public
hearing by publishing a notice at least twice in a newspaper of general
circulation in the territory sought to be annexed with the first notice
given at least 30 days prior to the date of the public hearing, and
by mailing a copy of the published notice to the property owners at
the addresses used to mail county tax notices. The notice shall contain
a legal description of the area and the names of the persons owning
property within the area proposed to be annexed.
[Amended 1983 by Ord. No. 99]
If after the public hearing the Town Council finds that the territory is eligible for annexation, §
400-110 has been satisfied, and that the required procedures have been complied with, it may by ordinance annex the territory. If a landowner or landowners owning 60% or more of the area to be annexed, where the area is occupied by not more than five family units, files or file written objections to the annexation at or prior to the hearing, no further action may be taken on the proposed annexation. However, in the event that 50% or more of the perimeter of the area to be annexed is adjacent and contiguous to the corporate limits of the Town, the foregoing restrictions do not apply.
[Amended 1983 by Ord. No. 99]
The annexation of a territory shall become effective
upon the date provided in the annexation ordinance.
The Town Council may initiate proceedings to
annex territory in accordance with then-existing state statutes relating
to annexation initiated by the Town.
[Added 1-8-2007 by Ord. No. 2007-400]
Every annexation petition shall be accompanied
by a filing fee of $500. In addition an applicant shall reimburse
the Town for all costs that the Town shall incur in regard to any
annexation petition, including but not limited to publication costs,
and engineering and legal review.