10.1.1

General

The process of adding property to the City of Douglas is referred to in Wyoming State Statutes as "Annexation." The detailed requirements for annexations are found in Wyoming State Statutes, specifically at W.S. § 15-1-401 et seq. As a matter of law, the provisions of state statute shall control in cases of conflict with the annexation requirements of this Code.

It should be noted that the process of annexing property into a municipality can be complex and time-consuming. For that reason, owners of property seeking to annex into the incorporated boundaries of the City of Douglas may wish to consult with an attorney familiar with the municipal annexation laws of the State of Wyoming.

10.1.2

Procedural Requirements for Annexation

Petitions for annexation into the City of Douglas shall comply with the requirements of W.S. § 15-1-401 et seq., which have been provided in summarized form in Chapter 3, Application and Review Procedures, of this Code.

10.1.3

Sketch Plan or Mixed-Use Planned Unit Development Application Required

Any landowner or landowners proposing to file a petition with the City of Douglas for the annexation or addition of property or properties into the incorporated boundaries of the City of Douglas totaling ten (10) or more acres shall also submit to the Planning Department either an application for approval of a sketch plan or an application for approval of a planned unit development rezoning application. The City Council shall consider the annexation petition and the sketch plan/planned unit development application concurrently at the same public hearing or may elect to consider either one independent of the other but shall be required to condition approval of the annexation petition upon approval of a subsequent sketch plan/planned unit development application. Under no circumstances shall an annexation petition for property or properties totaling ten (10) or more acres be approved by the City Council without concurrently reviewing a sketch plan/planned unit development application for the entire property or conditioning approval of the annexation petition upon subsequent approval a sketch plan/planned unit development rezoning.

10.1.4

Annexation Agreement

An annexation agreement between the City and the petitioning landowner and land developer, as applicable, shall be required to annex land totaling ten (10) or more acres into the City of Douglas. Typically, an annexation agreement will address the following, and may be subject to revision up to the time of final acceptance by the governing body:

i.

Identification of geographic area to be annexed by the City;

ii.

The financial obligation of the landowner to construct water and sewer infrastructure to provide service to the annexed area and the requirement to construct such infrastructure in compliance with the requirements of the service provider;

iii.

The conveyance of the landowner's water rights appurtenant to the land to be annexed, at the discretion of the City of Douglas;

iv.

The landowner's consent to comply with all City regulations, including, but not limited to, regulations pertaining to: drainage, erosion, and storm water management; fire protection and emergency response; refuse; snow removal; and nuisances;

v.

The landowner's consent to identify and provide public improvements necessary to facilitate the development and to address the impacts of the development on existing City infrastructure and services;

vi.

Set forth any obligations placed upon the annexor(s) and the City as conditions of annexation;

vii.

Require, in addition to any other conditions specified, the annexor to donate to the City for public purposes, eight (8) percent of the property annexed or its equivalency in cash or some other mutually agreed upon asset;

viii.

A requirement of the landowner to obtain approval by the City Council of a sketch plan or mixed-use planned unit development (MU-PUD) application for the entire area to be annexed pursuant to the requirements of this Code. Approval of the sketch plan or MU-PUD application shall be obtained by the applicant at the same City Council hearing as the annexation petition or such sketch plan or MU-PUD approval shall be made a condition of approval of the annexation petition; and

ix.

A requirement of the landowner to apply for City zoning of the subject property to be annexed within a specific amount of time following approval of the annexation petition and sketch plan application. Under no circumstances shall the property to be annexed be developed or otherwise improved once it is annexed by the City prior to approval of a zoning application. The required zoning application may include a rezoning (map amendment) request to any, or a combination, of the standard zoning districts or special purpose zoning districts in Chapter 4 of this Code.

10.1.5

Effect of Annexation

A petition for annexation of land into the incorporated boundaries shall cause the City to amend the City boundaries to include the property and shall result in the City extending its laws, ordinances, rules and regulations into the annexed territory and upon the inhabitants of the territory. In addition, all of the rights, privileges and franchises or other services provided to the residents of the City of Douglas shall also be provided to the inhabitants of the annexed area.

(Ord. No. 967, § 42, 8-10-2015; Ord. No. 990, § 42, 5-22-2017)

10.2.1

General

The process of adding property to the City of Douglas by subdivision of land adjoining the City incorporated boundaries is referred to in Wyoming State Statutes as "Addition." The detailed requirements for additions are found in Wyoming State Statutes, specifically at W.S. § 15-1-415 et seq. As a matter of law, the provisions of state statute shall control in cases of conflict with the addition requirements of this Code.

It should be noted that the process of addition property into a municipality can be complex and time-consuming. For that reason, owners of property seeking to add their property into the incorporated boundaries of the City of Douglas may wish to consult with an attorney familiar with the municipal addition laws of the State of Wyoming.

10.2.2

Procedural Requirements for Additions

Petitions for addition of land by subdivision into the City of Douglas shall comply with the requirements of W.S. § 15-1-415, which have been provided in summarized form in Chapter 3, Application and Review Procedures, of this Code.

10.2.3

Sketch Plan or Mixed-Use Planned Unit Development Application Required

Any landowner or landowners proposing to file a petition with the City of Douglas for the addition of property or properties into the incorporated boundaries of the City of Douglas totaling ten (10) or more acres shall also submit to the Planning Department either an application for approval of a sketch plan or an application for approval of a planned unit development rezoning application. The City Council shall consider the addition petition and the sketch plan/planned unit development application concurrently at the same public hearing or may elect to consider either one independent of the other but shall condition approval of the addition petition upon approval of a subsequent sketch plan/planned unit development application. Under no circumstances shall an addition petition for property or properties totaling ten (10) or more acres be approved by the City Council without concurrently reviewing a sketch plan/planned unit development application for the entire property or conditioning approval of the addition petition upon subsequent approval of a sketch plan/planned unit development rezoning.

10.2.4

Addition Agreement

An addition agreement between the City and the petitioning landowner and land developer, as applicable, shall be required to add land totaling ten (10) or more acres by subdivision into the City of Douglas. Typically, an addition agreement will address the following:

i.

Identification of geographic area to be added to the City;

ii.

The financial obligation of the landowner to construct water and sewer infrastructure to provide service to the added area and the requirement to construct such infrastructure in compliance with the requirements of the service provider;

iii.

The conveyance of the landowner's water rights appurtenant to the land to be annexed, at the discretion of the City of Douglas;

iv.

The landowner's consent to comply with all City regulations, including, but not limited to, regulations pertaining to: drainage, erosion, and storm water management; fire protection and emergency response; refuse; snow removal; and nuisances;

v.

The landowner's consent to identify and provide public improvements necessary to facilitate the development and to address the impacts of the development on existing City infrastructure and services;

vi.

A requirement of the landowner to obtain approval by the City Council of a sketch plan or mixed-use planned unit development (MU-PUD) application for the entire area to be added pursuant to the requirements of this Code. Approval of the sketch plan or MU-PUD application shall be obtained by the applicant at the same City Council hearing as the addition petition or such sketch plan or MU-PUD approval shall be made a condition of approval of the addition petition; and

vii.

A requirement of the landowner to apply for City zoning of the subject property to be added within a specific amount of time following approval of the addition petition and sketch plan application. Under no circumstances shall the property to be added be developed or otherwise improved once it is added to the City prior to approval of a zoning application. The required zoning application may include a rezoning (map amendment) request to any, or a combination, of the standard zoning districts or special purpose zoning districts in Chapter 4 of this Code.

10.2.5

Effect of Addition

Approval of a petition to add land by subdivision into the incorporated boundaries of the City of Douglas shall cause the City to amend the City boundaries to include the property and shall result in the City extending its laws, ordinances, rules and regulations into the added territory and upon the inhabitants of the territory. In addition, all of the rights, privileges and franchises or other services provided to the residents of the City of Douglas shall also be provided to the inhabitants of the added area.

(Ord. No. 967, § 42, 8-10-2015)

10.3.1

General

The process of removing property from incorporated boundaries of the City of Douglas is referred to in Wyoming State Statutes as "De-annexation." The detailed requirements for de-annexations are found in Wyoming State Statute, specifically at W.S. § 15-1-421. As a matter of law, the provisions of state statute shall control in cases of conflict with the de-annexation requirements of this Code.

It should be noted that the process of de-annexing property out of the incorporated boundaries of a municipality can be complex and time-consuming. For that reason, owners of property seeking to remove their property from the City of Douglas may wish to consult with an attorney familiar with the municipal de-annexation laws of the State of Wyoming.

10.3.2

Procedural Requirements for De-Annexation

Petitions for de-annexing out of the City of Douglas shall comply with the requirements of W.S. § 15-1-421, which have been provided in summarized form in Chapter 3, Application and Review Procedures, of this Code. Of particular note is the requirement that the City of Douglas cannot take action on a petition for de-annexation until after the Board of County Commissioners of Converse County has sixty (60) days to prepare a de-annexation impact report.

10.3.3

Effect of De-Annexation

Approval of a petition to de-annex land out of the incorporated boundaries of the City of Douglas shall cause the City to amend the map depicting the City boundaries. Some petitions for de-annexation may include interests, such as rights-of-way, easements, streets, or other property improvements, that are owned by the City of Douglas in the area to be de-annexed. Section 3.19.3.5 in Chapter 3 of this Code outlines the City's options for vacating, transferring, or retaining such interests.

10.3.4

Prohibited De-Annexations

Pursuant to W.S. § 15-1-421(e), the City Council shall not approve an ordinance for de-annexation if such de-annexation will create an unincorporated area which is situated entirely within the City of Douglas but is not part of the City.

(Ord. No. 967, § 42, 8-10-2015)