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CHAPTER 1 Title 11 ANNEXATION PROCEDURES CHAPTER 1 ANNEXATION PROCEDURES SECTION: 11-1-1: Title 11-1-2: Purpose 11-1-3: Applicability 11-1-4: Application Process and Fees 11-1-5: Concurrent Zoning Classification 11-1-6: Submittal Requirements for Annexations Greater Than Ten (10) Acres 11-1-7: Submittal Requirements for Annexations Less Than Ten (10) Acres 11-1-8: Certification and Review 11-1-9: Notice 11-1-10: Commission Review 11-1-11: Council Review 11-1-1 TITLE. This title of the Ammon Code shall be and may be known as “The Annexation Ordinance of Ammon, Idaho,” and may be so cited and pleaded. 11-1-2 PURPOSE. The City of Ammon finds that the establishment of annexation procedures will promote uniformity and certainty in annexation applications and that the establishment of annexation procedures will promote public health, safety and general welfare. This ordinance is intended to encourage collaboration between property owners and city officials when considering any application for an annexation request in order to arrive at the most sustainable outcome for the community. The annexation process, as described and required by this ordinance, is collaborative. 11-1-3 APPLICABILITY. Any request for an annexation shall be controlled by the provisions of this Title. To the extent the procedures of this Title conflict with the procedures of Idaho Code §50-222 and other applicable state statutes, the provisions of state law shall control. If the annexation is initiated by any taxing district, including the City of Ammon, the provisions of this Chapter shall not govern. 11-1-4 APPLICATION PROCESS AND FEES. An application for an annexation of real property into the City of Ammon shall be filed with the Ammon Planning and Zoning Administrator (“Administrator”) by the owner of the real property or by at least one holder of an interest in real property for which the annexation is proposed. The applicant shall pay the non-refundable application fee for the proposed annexation, as established by resolution of the City Council, at the time of the filing of the annexation application. In the event an application for annexation is approved and an annexation ordinance is adopted, the applicant will be required to pay Updated 10.2020 for all costs associated with the filing of the annexation ordinance and the preparation of the legal description and a map prepared in a draftsmanlike manner that designates the boundaries of annexed property to be recorded with the county recorder pursuant to state law. 11-1-5 CONCURRENT ZONING CLASSIFICATION. The City shall concurrently with the application for annexation consider an application for a zoning classification consistent with the requirements (including notice provisions) and standards of the Official City Code of the City of Ammon. The City shall not consider any other application by the applicant on the subject property under the City’s ordinances unless and until the application for annexation has been approved and an annexation ordinance has been adopted and published in accordance with state law. 11-1-6 SUBMITTAL REQUIREMENTS FOR ANNEXATIONS GREATER THAN TEN (10) ACRES. For annexations involving more than ten (10) or more acres of real property, the application shall include the following: A. Application fees established by resolution. B. A statement of the size of the property in square footage and acres. C. A description of the proposed project, including the approximate: 1. Number and size of proposed lots 2. Length and location of the proposed water and sewer mains 3. Length and location of proposed streets and alleys 4. Length and location of the proposed sidewalks. 5. Acreage and location of any parks, trails, and/or open spaces. D. A schematic design of the entire project showing the proposed uses, density, streets, alleys, easements, and proposed size and location of open spaces and parks. E. A statement describing how the proposed project complies with specific goals and policies of the Ammon Comprehensive Plan. F. A statement describing how the proposed project is compatible with adjacent neighborhoods within the City of Ammon. G. A statement describing how the applicable natural resources (e.g., water courses, springs, streams, wildlife, wildlife migration corridors, and access to public lands) and natural hazards (e.g., avalanche, floodplains and floodways) are incorporated into proposed project and/or mitigated. H. A statement describing what contributions and/or dedications the applicant is willing to make as part of the proposed annexation. I. A detailed description of how the annexation will impact the existing municipal infrastructure and services (e.g., water, sewer, streets, library, police, fire, schools, and parks). J. A statement of who will maintain the streets, alleys, parks and utilities (privately and publicly owned utilities) and how the maintenance of the streets, alleys, parks and utilities (privately and publicly owned utilities) will be funded. K. A phasing plan showing the proposed dates of construction and completion of phased construction for infrastructure, streets, alleys, utilities and all other development. L. Unless not applicable, within the sole discretion of the City, the following studies shall be submitted if requested by the Administrator, City Engineer, Planning and Zoning Commission, or the City Council. If these requirements are waived during the application process, they shall be Updated 10.2020 required after annexation but prior to submission of any preliminary plat for the subject property. 1. Traffic Study. A traffic study shall be submitted showing impact on adjacent public streets that would serve the proposed project and the impact on all public streets within a three (3) mile radius of the proposed development. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. 2. Water Study. A water study shall be submitted showing how the development will be serviced with city water, the impact the development will have on existing groundwater rights, and the upgrades necessary to the Ammon city water system to fully service the development. The water study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in water studies. 3. Wastewater Study. A wastewater study shall be submitted showing how the development will be serviced for wastewater, the impact the development will have on existing wastewater systems, and the upgrades necessary to the Ammon wastewater system to fully service the development. The wastewater study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in wastewater studies. 4. Floodplain Study. If any portion of the proposed annexation is located within a federally designated floodplain, a Floodplain Study shall be submitting showing how the development will impact the existing floodplain and how the development will impact all property owners downstream of the mapped floodplain 5. A Level I environmental study showing the presence of any hazardous waste. 6. A fiscal impact analysis or an updated fiscal impact analysis showing a comprehensive analysis of the costs and benefits of annexation of the proposed development into the City of Ammon. The analysis may be submitted at the time of the application for annexation but no later than when the application is reviewed by the Ammon Planning and Zoning Commission (“Commission”). The fiscal impact analysis shall be prepared by a qualified and independent person or firm acceptable by the City Council and in a format acceptable by the City Council, to determine the proposed annexation’s impact and to recommend any additional fees paid to the City to compensate for anticipated costs. Based on the fiscal impact analysis and any other study provided and consulted during the annexation process, the Council retains the right to require further monetary or non-monetary contributions for any annexation. The applicant has the right to seek the City’s approval of such a fiscal impact study at any point in the annexation process. At the sole discretion of the City Council, the requirement to provide a fiscal impact analysis may be waived. The fiscal impact analysis may also be termed a cost/benefit analysis. 11-1-7 SUBMITTAL REQUIREMENTS FOR ANNEXATIONS LESS THAN TEN (10) ACRES. For annexations involving less than ten (10) acres of real property, except for application fees, the Administrator may waive any of the application requirements listed in Section 11-1-6 at their sole and absolute discretion based on the size, scope, complexity, relevant previous studies, relevant previous applications, and known impacts of the proposed annexation. The Planning and Zoning Commission and the City Council may reverse the Administrator’s decision for any waived application items and require any of the items listed in Section 11-1-6 upon finding that their submittal is required to complete their review of the annexation application request. Updated 10.2020 11-1-8 CERTIFICATION AND REVIEW. The Planning and Zoning Administrator shall review the application to determine whether the application is complete. Once the Administrator finds the application complete, the Administrator shall submit the application for review and comment to the applicable City departments and appointed recommending boards. Following receipt of comments by the City departments and boards, the Planning and Zoning Administrator shall schedule a meeting with the Ammon Planning and Zoning Commission (“Commission”) for review of the application by the Commission. 11-1-9 NOTICE. Notice of a public hearing shall be provided according to Idaho Code Title 67, Chapter 65. 11-1-10 COMMISSION REVIEW. The Commission shall conduct a public hearing to review the application for annexation. The Commission shall review the particular facts and circumstances of a proposed annexation for the purpose of determining the following: (1) Whether the proposed annexation will be harmonious and in accordance with specific goals and policies of applicable components of the Ammon Comprehensive Plan; and (2) Whether the proposed annexation generally complies with the Ammon Comprehensive Plan. The Commission shall also make a recommendation that the property sought to be annexed should be zoned as one or more particular zoning districts, as more fully described in the Zoning Ordinance of the City of Ammon. The Commission shall make findings of fact and conclusions of law relating to the application’s general compliance with the Ammon Comprehensive Plan and to the Commission’s recommendation for zoning. The Commission shall forward those findings and conclusions and their recommendation in writing to the Council and the applicant. 11-1-11 COUNCIL REVIEW. A. Council Hearing. Upon receipt of the Commission’s findings of fact and conclusions of law, the Council may, but is not required to, schedule a public hearing to review the application for annexation. Notice of the public hearing shall be conducted in the same manner as the notice for a Commission hearing as described in this title. The Council shall have the right to request further information deemed necessary by the Council at any time during the proceedings. B. Findings. During the public hearing process of the application for annexation, the Council shall make its own findings of fact and conclusions of law to determine: 1. Whether the proposed annexation will be harmonious and in accordance with the Ammon Comprehensive Plan 2. Whether the proposed annexation protects and improves the public health, safety, and welfare. 3. Whether the proposed annexation will have a negative fiscal impact upon the existing citizens of Ammon at the time of an annexation and in the future. If the Council finds general compliance with the Ammon Comprehensive Plan, the Council shall then consider the application for a zoning classification and consider any and all factors it deems, in its sole and absolute discretion, important to determine whether an application for annexation shall be granted or denied. If the Commission made negative findings related to the Comprehensive Plan and therefore Updated 10.2020 did not make a recommendation on zoning classification for the property sought to be annexed, but the Council subsequently made favorable findings related to the Comprehensive Plan and wishes to proceed with the annexation, the Council shall remand the proceedings to the Commission for its recommendation on zoning classification. C. Decision. The Council has the sole and absolute discretionary right to approve, approve with conditions or deny an application for annexation. a. Annexation Agreement. The City Council is authorized to require, as a condition of approval, that the applicant and the City enter into an annexation agreement providing for the terms and conditions of an approved annexation. The annexation agreement may include any mitigation measures deemed appropriate by the City Council to address concerns raised during the application process. b. Zoning Designation. If the Council elects to approve the application for annexation with or without conditions, the Council shall also establish the appropriate zoning district(s) for the annexed property in accordance with the Zoning Ordinance of the City of Ammon. D. Reconsideration. Any applicant or aggrieved party shall exhaust all administrative remedies, including but not limited to Idaho Code §67-6535, following a final decision from the City Council. Updated 10.2020