Chapter 15.250
ANNEXATIONS
Sections:
15.250.010 Statement of purpose.
15.250.020 Conditions for annexation.
15.250.030 Quasi-judicial annexation criteria.
15.250.040 Quasi-judicial annexation procedures.
15.250.050 Application requirements for quasi-judicial annexations.
15.250.055 Legislative annexations.
15.250.060 Health hazard annexation.
15.250.075 Batch annexation of small properties by consent.
15.250.080 Comprehensive plan and zoning designations.
15.250.100 Annexation of nonconforming uses.
15.250.010 Statement of purpose.
The city finds that annexation is the first step to converting future urbanizable lands to urbanizable land within the Newberg urban growth boundary, and that as such it is an important part of the process of providing timely and orderly urban development. The city also recognizes that the development of lands at an urban density must include the provision of an adequate level of required urban services such as wastewater, water, and roads. Policies and procedures adopted in this code are intended to carry out the directives of the citizens of Newberg and the Newberg comprehensive plan, and to ensure that annexation of lands to the city is incorporated into the process of providing a timely and orderly conversion of lands to urban uses. The city Charter requires that, unless otherwise mandated by state law, annexation may only be approved by a majority of those voting. [Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.260.]
Cross-reference: See ORS 222.855 for annexation to abate a public danger. Also, see ORS 222.111 for annexation eligibility and ORS 222.010 – 222.750 for annexation procedures.
15.250.020 Conditions for annexation.
The following conditions must be met prior to or concurrent with city processing of any annexation request:
A. The subject site must be located within the Newberg urban growth boundary or Newberg urban reserve areas.
B. The subject site must be contiguous to the existing city limits. [Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.261.]
15.250.030 Quasi-judicial annexation criteria.
Quasi-judicial annexation applications are those filed pursuant to the application of property owners and exclude legislative annexations. The following criteria shall apply to all quasi-judicial annexation requests:
A. The proposed use for the site complies with the Newberg comprehensive plan and with the designation on the Newberg comprehensive plan map. If a redesignation of the plan map is requested concurrent with annexation, the uses allowed under the proposed designation must comply with the Newberg comprehensive plan.
1. Where large LDR or MDR designated parcels or groups of parcels are to be annexed, the applicant(s) shall concurrently apply for a comprehensive plan map amendment to include some HDR-designated/R-3 zoned lands, consistent with the policy of distributing R-3 multifamily housing throughout the community. Such zoning shall be applied to portions of the property that are most suitable for high density development.
For the purposes of this policy, “large” is defined as an area greater than 15 net acres, after subtracting for land in stream corridor overlays. “Some” is defined as 10 percent of the net size of the application.
B. An adequate level of urban services must be available, or made available, within three years’ time of annexation, except as noted in subsection (E) of this section. An “adequate level of urban services” shall be defined as:
1. Municipal wastewater and water service meeting the requirements enumerated in the Newberg comprehensive plan for provision of these services.
2. Roads with an adequate design capacity for the proposed use and projected future uses. Where construction of the road is not deemed necessary within the three-year time period, the city shall note requirements such as dedication of right-of-way, waiver of remonstrance against assessment for road improvement costs, or participation in other traffic improvement costs, for application at the appropriate level of the planning process. The city shall also consider public costs for improvement and the ability of the city to provide for those costs.
C. Findings documenting the availability of police, fire, parks, and school facilities and services shall be made to allow for conclusionary findings either for or against the proposed annexation. The adequacy of these services shall be considered in relation to annexation proposals.
D. The burden for providing the findings for subsections (A), (B) and (C) of this section is placed upon the applicant.
E. The city council may annex properties where urban services are not and cannot practically be made available within the three-year time frame noted in subsection (B) of this section, but where annexation is needed to address a health hazard, to annex an island, to address wastewater or water connection issues for existing development, to address specific legal or contract issues, to annex property where the timing and provision of adequate services in relation to development is or will be addressed through legislatively adopted specific area plans or similar plans, or to address similar situations. In these cases, absent a specific legal or contractual constraint, the city council shall apply an interim zone, such as a limited-use overlay, that would limit development of the property until such time as the services become available. [Ord. 2826 § 1 (Exh. A), 5-7-18; Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2640, 2-21-06; Ord. 2451, 12-2-96. Code 2001 § 151.262.]
15.250.040 Quasi-judicial annexation procedures.
All quasi-judicial annexation requests approved by the city council shall be referred to the voters in accordance with the requirements of this code and ORS Chapter 222.
A. Annexation elections are normally scheduled for the biennial primary or general elections which are held in May and November of even-numbered years. Applications for annexation shall be filed with the planning division before 5:00 p.m. on October 1st for a primary ballot election in May and before 5:00 p.m. on April 1st for a general ballot election in November. An applicant may request that the city council schedule an annexation ballot measure for a special election date. Applications proposed for review at a special election must be filed with the city eight months prior to the proposed special election date. Filing of an annexation application and having the application deemed complete does not obligate the city to place the annexation question before the voters at any particular election. This subsection does not obligate the city to process an annexation application within any time frame not required by ordinance or state statute.
B. The application shall be processed in accordance with the Type III processing procedures outlined in this code. Once the director receives a completed application for annexation, the director shall schedule a recommendation hearing before the planning commission. The planning commission shall make a recommendation to the city council as to whether or not the application meets the criteria contained in NMC 15.250.030. This decision shall be a quasi-judicial determination and not a legislative determination. The planning commission may also recommend denial of an application based upon a legislative perception of the request even though the findings support and would allow annexation. A decision to recommend denial of an annexation, even though the findings support the request, shall be specifically stated in the record and noted as a legislative recommendation separate and apart from the quasi-judicial recommendation.
C. Following the planning commission hearing, the director shall schedule a city council hearing to consider the request. The city council shall conduct a quasi-judicial hearing and determine whether or not the application meets the criteria contained in NMC 15.250.030. The hearing at the city council shall be considered a new hearing. If additional testimony is submitted, the city council may, at its own discretion, return the application to the planning commission for further review and recommendation. The city council may also deny an application based upon a legislative perception of the request even though the findings support and would allow annexation. A decision to deny an annexation, even though the findings support the request, shall be specifically stated in the record and noted as a legislative recommendation separate and apart from the quasi-judicial recommendation.
D. If the city council approves the annexation request, the proposal may, at the city council’s sole discretion, be placed before the voters of the city as follows:
1. The biennial primary or general elections which are held in May and November of even-numbered years; or
2. An available special election.
E. If the city schedules the annexation election for an election other than the biennial primary or general election, the agreement of the applicant or
owner of the property must be obtained. All costs associated with placing the matter on the ballot shall be paid for by the applicant or owner of the property being annexed.
F. The city shall place a notice of the annexation election in a newspaper of general circulation in the city not more than 30 days nor less than 20 days prior to the date of the election. Such notice shall take the form of a minimum one-quarter-page layout, which includes a map of the property to be annexed and unbiased information regarding the annexation.
G. The city shall cause the property under consideration for annexation to be posted with a minimum of one sign not less than 16 square feet in size. The sign shall provide notice of the annexation election, a map of the subject property, and unbiased information regarding the annexation. The sign shall be removed by the applicant within 10 days following the election day.
H. In addition to the regular annexation fee, the applicant shall pay for all of the costs associated with the election, the ad in the newspaper, and posting of the notice. The city shall inform the applicant of the costs necessary for the newspaper ad and property posting and of the deadline for payment of these costs.
I. Should this annexation request be approved by a majority vote of the electorate of the city at the election date as identified by resolution of the city council, the property shall be annexed and the following events shall occur:
1. The property shall be ordered and declared annexed and withdrawn from the Newberg rural fire protection district.
2. The territory will be changed from a county zone to a city zoning designation as indicated in NMC 15.250.080. The Newberg, Oregon, zoning map shall be amended to indicate this change.
3. The recorder of the city is directed to make and submit to the Secretary of State, the Department of Revenue, the Yamhill County elections officer, and the assessor of Yamhill County a certified copy of the following documents:
a. A copy of the approved ordinance.
b. A map identifying the location of said territory.
J. If the city council refers an annexation to the voters at a particular election, and the annexation fails to pass at that election, the applicant may petition the city council to refer the annexation to the voters at a subsequent election, subject to the following:
1. The petition shall include a fee in an amount determined by resolution of the city council. In addition, should the petition be granted, the applicant shall be responsible for all election costs, including the cost of preparing the new annexation measure.
2. The applicant may only petition the city council once for resubmittal to place the annexation on the ballot in any 12-month period.
3. The city council shall hold a hearing to consider the petition. The hearing is a legislative hearing. Notice of the hearing shall be published in accordance with NMC 15.100.270.
4. After hearing the petition, the city council may decide any of the following:
a. The city council may approve the petition and schedule the annexation for a subsequent election. The annexation may only be placed before the voters once in any 12-month period. The annexation shall be processed according to the procedures in subsections (D) through (I) of this section.
b. The city council may deny the petition.
c. If conditions affecting the original criteria for the approval of the annexation by the city council have changed significantly, the city council may require the applicant to resubmit the annexation application for consideration by the city council and to pay a new annexation application fee. The city council also may direct that the resubmitted application be referred to the planning commission for recommendation. If there is a period of more than five years between the city council’s original quasi-judicial determination that the annexation meets applicable criteria and the annexation election date, then a new application shall be required.
5. The city council shall have total discretion in determining the timing of placing an annexation measure before the voters, in requiring the submittal of a new or modified annexation application, or in denying a petition for new election.
6. Where an annexation has been initiated by the city council, the city council may refer the annexation to a subsequent election upon its own motion. [Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2683 § 1, 11-5-2007; Ord. 2501, 12-7-98; Ord. 2451, 12-2-96. Code 2001 § 151.263.]
15.250.050 Application requirements for quasi-judicial annexations.
Applications for quasi-judicial annexations shall be made on forms provided by the planning division and include the following material:
A. Written consent to the annexation signed by the requisite number of affected property owners, electors, or both to conduct an election within the area to be annexed, as provided by state law. The consent shall include a waiver stating that the owner will not file any demand against the city under Measure 49, approved November 6, 2007, that amended ORS Chapters 195 and 197.
B. Legal description of the property to be annexed and a boundary survey certified by a registered engineer or surveyor.
C. Vicinity map and map of the area to be annexed including adjacent city territory.
D. General land use plan indicating types and intensities of proposed development, transportation corridors (including pedestrian and vehicular corridors), watercourses, significant natural features, open space, significant stands of mature trees, wildlife travel corridors, and adjoining development.
E. Statement of overall development concept and methods by which physical and related social environment of the site, surrounding area, and community will be enhanced.
F. Annexation fees, as set by city council resolution.
G. Statement outlining method and source of financing to provide additional public facilities.
H. Comprehensive narrative of potential positive and negative physical, aesthetic, and related social effects of the proposed development on the community as a whole and on the smaller subcommunity or neighborhood of which it will become a part and proposed actions to mitigate such effects.
I. Concurrent with application for annexation, the property may be assigned one of the following methods for development plan review:
1. A planned unit development approved through a Type III procedure.
2. A development agreement approved by the city council.
3. A contract annexation as provided for in the state statutes. Development plans must be approved and an annexation contract must be signed by the city council in order to use the contract annexation process. [Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2693 § 1 (Exh. A(4)), 3-3-08; Ord. 2612, 12-6-04; Ord. 2451, 12-2-96. Code 2001 § 151.264.]
Cross-reference: See ORS 222.111 for annexation eligibility and ORS 222.010 – 222.750, pertaining to annexation procedures.
15.250.055 Legislative annexations.
A. Purpose. Legislative annexations are those annexations that are initiated by the City of Newberg. Legislative annexations include health hazard annexations, island annexations, batch annexations, and other annexations initiated by the city council.
B. Process. Legislative annexations shall be processed as a Type IV legislative action, except as noted. The annexation request shall be reviewed directly by the city council. A planning commission hearing shall be required only if a comprehensive plan amendment is involved or city council refers the matter to the planning commission for a recommendation.
C. Notice. The director shall provide notice of hearings:
1. To the owner of the site proposed for annexation.
2. To owners of property within 500 feet of the entire site for which the application is made. The list shall be compiled from the most recent property tax assessment roll.
3. To the Department of Land Conservation and Development per NMC 15.100.250.
4. Within a newspaper of general circulation within the city at least 10 days prior to the first public hearing on the action per NMC 15.100.270.
D. Approval. In approving any legislative annexation, the city council shall follow the applicable procedures of state law and the Newberg Charter. If the city council approves the annexation, where required by state law or city Charter the annexation shall be referred to an election at a date determined by the city council. If the annexation election is not approved, the city council, at its discretion, may refer the proposal to a future election with any modifications it determines are appropriate. If an election is not required by state law or city Charter, the city council shall by ordinance declare that the territory is annexed to the city. [Ord. 2745 § 1 (Exh. A), 7-18-11.]
15.250.060 Health hazard annexation.
The city shall annex those areas constituting a health hazard in accordance with the Oregon Revised Statutes, taking into consideration the ability of the city to provide necessary services. Annexation of areas constituting a health hazard is not subject to voter approval. [Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.265.]
15.250.070 Island annexation.
The following policies are adopted for island annexations:
A. The city shall attempt to not create islands of unincorporated territory within the corporate limits of the city. If such an island is created, the city council may set a time for a public hearing for the purpose of determining if the annexation should be submitted to the voters. The hearing shall be conducted in accordance with the policies and procedures contained in this code.
B. Written notice to property owners will be made prior to annexation to allow for property owner responses. Failure to receive notice shall not in any way invalidate the annexation procedure that may be subsequently undertaken by the city.
C. The island annexation shall follow the procedures required under ORS 222.750.
D. Annexation of an island shall be by ordinance, subject to approval by the voting majority. The city shall allow electors, if any, in the territory proposed to be annexed to vote in the election on the question of annexation. If the city council finds that a majority of the votes cast in the city and the territory combined favor annexation, the city council, by ordinance, shall proclaim the annexation approved. The proclamation shall contain a legal description of each territory annexed.
E. For property that is zoned for, and in, residential use when annexation is initiated by the city under this section, the city shall specify an effective date for the annexation that is at least three years and not more than 10 years after the date the city proclaims the annexation approved. The director shall:
1. Cause notice of the delayed annexation to be recorded by the county clerk of the county in which any part of the territory subject to delayed annexation is located within 60 days after the city proclaims the annexation approved; and
2. Notify the county clerk not sooner than 120 days and not later than 90 days before the annexation takes effect.
3. Notwithstanding subsection (D) of this section, property that is subject to delayed annexation becomes part of the city immediately upon transfer of ownership. [Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.266.]
15.250.075 Batch annexation of small properties by consent.
With the consent of the property owners, the city may process multiple smaller annexations together as a legislative annexation in order to streamline the annexation process and to share the financial cost of the application.
A. Eligibility. Properties are eligible for batch annexation if:
1. The total area of each contiguous territory to be annexed does not exceed three buildable acres, unless the city council moves to allow consideration of a larger territory prior to the hearing.
2. Property owners shall file a consent and request to annex with the city on forms provided by the director.
3. The zoning map designation complies with the comprehensive plan map designation. If a comprehensive plan map change is proposed the request shall follow the process described in NMC 15.250.050(B).
4. The properties have a residential comprehensive plan map designation and are intended for residential use.
B. Process. Batch annexations shall be processed as follows:
1. The deadline to file a request shall be November 1st prior to a May primary election in even-numbered years.
2. The director shall collect the requests. If two or more eligible requests are submitted by November 1st, the director shall initiate the batch annexation and schedule the item for a city council hearing. If fewer than two requests are submitted, the director shall extend the deadline to May 1st of the even-numbered year to allow consideration prior to the general election in November. If multiple requests are not submitted by the May 1st deadline, the requests shall be deferred until multiple requests are received by the next deadline.
3. The city council may initiate a batch annexation at times other than those specified in this section.
4. Property owners shall submit a consent to annex form provided by the city and a request to be part of a batch annexation. The request shall include a legal description of the property and a title report or proof of ownership, and a waiver stating that the owner will not file any demand against the city under Measure 49, approved November 6, 2007, that amended ORS Chapters 195 and 197.
5. If the total acreage of the batch annexation exceeds 15 acres, then the annexation shall be referred to the planning commission for a public hearing.
C. Criteria for a Batch Annexation. For each property, an adequate level of urban services is or can be made available within three years, including:
1. Municipal wastewater and water service meeting the requirements enumerated in the Newberg comprehensive plan for provision of these services.
2. Roads with an adequate design capacity for the proposed use and projected future uses.
3. Police, fire, parks, and school facilities and services.
D. Approval. The city council may approve or deny all or part of the proposed batch annexation. If the city council approves, it shall refer the annexation to an election following the legislative process under NMC 15.250.050. [Ord. 2745 § 1 (Exh. A), 7-18-11.]
15.250.080 Comprehensive plan and zoning designations.
A. The comprehensive plan map designation of the property at the time of annexation shall be used as a criterion to determine whether or not the proposed request complies with the Newberg comprehensive plan. A redesignation of the comprehensive plan map may be requested concurrent with annexation. The proposed redesignation shall then be used to determine compliance with the Newberg comprehensive plan.
B. Upon annexation, the area annexed shall be automatically zoned to the corresponding land use zoning classification which implements the Newberg comprehensive plan map designation. The corresponding designations are shown in the table below. The procedures and criteria of NMC 15.302.030 shall not be required.
|
Comprehensive Plan Classification |
Appropriate Zoning Classification |
|---|---|
|
OS |
Any zoning classification |
|
LDR |
R-1 |
|
MDR |
R-2, R-4 |
|
HDR |
R-3, R-4 |
|
COM |
C-1, C-2, or C-3 as determined by the director |
|
MIX |
C-2, M-1, M-2, or M-E as determined by the director |
|
IND |
M-1, M-2, M-3, M-4, or AI as determined by the director |
|
PQ |
Any zoning classification |
|
P |
CF |
C. If a zoning classification is requested by the applicant for other than that described in subsection (B) of this section, the criteria of NMC 15.302.030 shall apply. This application shall be submitted concurrently with the annexation application.
D. In the event that the annexation request is denied, the zone change request shall also be denied. [Ord. 2883 § 1 (Exh. A § 1), 6-7-21; Ord. 2747 § 1 (Exh. A § 6), 9-6-11; Ord. 2720 § 1(9), 11-2-09; Ord. 2451, 12-2-96. Code 2001 § 151.267.]
15.250.090 Coordination.
Annexation requests shall be coordinated with affected public and private agencies, including, but not limited to, Yamhill County, Chehalem Park and Recreation District, Newberg School District, Northwest Natural Gas, Portland General Electric, and, where appropriate, various state agencies. Coordination shall be made by referral of annexation request to these bodies sufficiently in advance of final city action to allow for reviews and recommendations to be incorporated into the
city records. [Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.268.]
15.250.100 Annexation of nonconforming uses.
When a nonconforming use, as described in NMC 15.205.010 through 15.205.100, is annexed into the city, the applicant shall provide a schedule for the removal of the nonconforming use for the planning commission and city council. Legal nonconforming residential uses are allowed to remain indefinitely. At time of approval of the annexation, the city council may add conditions to ensure the removal of the nonconforming use during a reasonable time period. The time period may vary from one year to 10 years at the discretion of the city council. [Ord. 2745 § 1 (Exh. A), 7-18-11; Ord. 2451, 12-2-96. Code 2001 § 151.269.]