North Plains City Zoning Code
ANNEXATIONS
§ 155.720 STATEMENT OF PURPOSE.
The city finds annexation is the first step to converting future urbanizable lands to urban land within the city’s urban growth boundary and urban planning area and as such, it is an important part of the process of providing timely and orderly urban development. The city also recognizes that development of lands at urban densities must include the consideration of the provision of adequate levels of required urban services and infrastructure such as police, fire, sanitary sewer, water, roads and storm water disposal. Policies and procedures adopted in this subchapter are intended to carry out the purposes of the city’s Comprehensive Plan and ensure that annexation of lands to the city is done timely and orderly and consistent with the Charter which requires that, unless otherwise mandated by state law, all annexation proposals must be approved by a majority vote of the city’s citizens before the annexation becomes effective.
(Prior Code, § 16.205.000) (Ord. 464, passed 9-16-2019)
§ 155.721 CONDITIONS FOR ANNEXATION.
The following conditions must be met prior to or concurrent with city processing of any annexation request:
(A) The subject property must be located within the city’s urban growth boundary;
(B) The subject property must be contiguous to the existing city limits or separated from it only by a public right-of-way or a stream, bay, lake or other body of water, per ORS 221.111(1); and
(C) A right-of-way that is not within the urban growth boundary may be annexed for road reconstruction or modification or for the placement of utilities.
(Prior Code, § 16.205.005) (Ord. 464, passed 9-16-2019)
§ 155.722 CRITERIA.
(A) The following criteria shall apply to all annexation requests:
(1) The proposed use for the site complies with the city’s Comprehensive Plan and with the designation(s) thereon. If a re-designation of the plan map is requested concurrent with annexation, the uses allowed under the proposed designation must comply with the Comprehensive Plan;
(2) An adequate level of urban services and infrastructure must be available or made available in a specified time period determined by Council. An ADEQUATE LEVEL OF URBAN SERVICES is defined as:
(a) Municipal sanitary sewer, storm drainage and water service meeting the requirements enumerated in the Comprehensive Plan for provision of those services;
(b) Rights-of-way with adequate design capacity for the proposed use and projected future uses; and
(c) Where construction of improvements necessary for delivery of the urban services identified in division (A)(1) above or the rights-of-way identified in division (A)(2) above are not thought to be immediately necessary, the applicant shall note the methods that are proposed to be used for providing and/or financing those services/improvements including, but not limited to, dedication of right-of-way, granting waiver(s) of remonstrance against possible future local improvement districts created or other approaches/devices to pay for improvement costs.
(3) Findings documenting the availability of police, fire, parks, school facilities and all related services shall be made allowing for conclusive findings either for or against the proposed annexation. The adequacy of each of these services shall be considered in relation to each annexation proposal;
(4) The proposed annexation represents a logical direction for city expansion, promotes an orderly, reasonable and economically feasible expansion of the city boundaries and, in the judgment of the city, serves the present and future interests of the city; and
(5) The burden of providing evidence supporting the findings hereof.
(B) Improvements for needed infrastructure may be secured by a funding mechanism that will place the primary economic burden on the territory proposed for annexation and not on the city generally.
(Prior Code, § 16.205.010) (Ord. 464, passed 9-16-2019)
§ 155.723 APPLICATION FILING, PUBLICATION AND POSTING DEADLINES.
(A) Except as otherwise mandated by state law, annexation proposals must be approved by a majority vote of the city’s citizens. For annexations subject to such voter approval, annexation elections can be scheduled on any election date set by law. An application deadline for all proposed annexations subject to voter approval is established to permit public hearings by both the Planning Commission and City Council so as to allow for meeting the election date filing deadlines. Applications for annexations subject to voter approval shall be filed with the city before the close of business on the one hundred forty-fifth day prior to the date on which the election is scheduled.
(B) Publication and posting deadlines for all annexations are as follows.
(1) Notice of public hearing shall be published once each week for two successive weeks prior to the day of hearing before the legislative body, in a newspaper of general circulation in the city and shall be posted in three public places in the city for a like period.
(2) For all annexations subject to voter approval, notice of measure election shall be published in a newspaper of general circulation as required by state law. In addition, a map depicting the property proposed to be annexed shall be published in the County Voters’ Pamphlet along with an unbiased explanatory statement.
(3) The city shall cause the property proposed to be annexed to be posted with a minimum of one sign not greater than six square feet in size. The sign shall provide notice of the annexation election, a map of the subject property and other relevant information regarding the proposed annexation.
(4) For all proposed annexations subject to voter approval, the decision to set the annexation for an election shall be at the discretion of the City Council and shall be approved by resolution. All costs associated with placing the matter on the ballot shall be paid by the applicant or owner of the property proposed to be annexed.
(Prior Code, § 16.205.015) (Ord. 464, passed 9-16-2019)
§ 155.724 APPLICATION REQUIREMENTS.
(A) Applications for annexation shall be made on forms provided by the city and include, at a minimum, the following material:
(1) Written consent to the annexation signed by the affected property owners as required by state law;
(2) Legal description of the property to be annexed and a boundary survey certified by a registered engineer or surveyor licensed in the state;
(3) Vicinity map and map of the area to be annexed including adjacent city territory;
(4) General land use plan indicating types and intensities of proposed development, transportation corridors, watercourses, significant natural features and adjoining development; and
(5) Payment of annexation fees, as the same are set by Council resolution.
(B) In addition to the information and fees required under division (A) above, an applicant shall also be required to provide the following information:
(1) A statement of the overall development concept and methods by which the physical site, surrounding area and community will be affected as well as proposed actions designed to mitigate negative effects from the development, if any;
(2) A statement addressing the availability, capacity and status of existing water, sanitary sewer, drainage, transportation, park and school facilities as determined and an analysis as to the anticipated increased demand for said facilities generated by the proposed development;
(3) A statement analyzing anticipated additional facilities required to meet the increased demand and proposed phasing of such facilities in accordance with projected demand;
(4) A statement setting out proposed method(s) and source(s) of financing required to provide the additional facilities identified in the analysis described in division (B)(3) above; and
(5) A narrative demonstrating the need for the urban development proposed for the annexation area analyzing the following:
(a) Availability within the city of undeveloped land designated for proposed urban development;
(b) Analysis of immediate, short-term (one to five years) demand for proposed urban development; and
(c) Probable phasing of proposed urban development consistent with projected demand for period in which the annexation area is expected to develop.
(C) A statement addressing how the proposed annexation represents a logical direction for city expansion, promotes an orderly, reasonable and economically feasible expansion of the city boundary and serves the present and future interests of the city.
(Prior Code, § 16.205.020) (Ord. 464, passed 9-16-2019)
§ 155.725 ACCEPTANCE OF APPLICATION; STAFF EVALUATION.
(B) After accepting a complete application, the City Planner shall prepare a report evaluating the proposal’s compliance with § 155.726 of this chapter and provide his or her recommendation thereon to the Planning Commission and schedule a hearing to be held by the Planning Commission. Notice of the hearing shall be provided in accordance with §§ 155.025 through 155.032 of this chapter.
(Prior Code, § 16.205.025) (Ord. 464, passed 9-16-2019)
§ 155.726 REVIEW CRITERIA.
Annexation shall be reviewed to assure consistency with the purposes of this chapter, the Comprehensive Plan and other applicable policies and standards adopted by either the city and the state. In addition, a finding shall be made that the city is capable of providing services to the subject property(ies) commensurate with the needs of existing property(ies) and any proposed increases.
(Prior Code, § 16.205.030) (Ord. 464, passed 9-16-2019)
§ 155.727 ACTION BY THE PLANNING COMMISSION.
(A) The Planning Commission shall conduct a public hearing consistent with §§ 155.025 through 155.032 of this chapter to evaluate the proposed annexation and determine the appropriate zoning classification that should apply upon annexation of the territory. The Planning Commission shall conduct its hearing at the next available meeting that complies with the notice requirements of § 155.723 of this chapter.
(B) Following the close of the public hearing, the Planning Commission shall designate the development district(s) that will apply to the area proposed to be annexed and forward that recommendation to the City Council. The Commission’s recommendation shall include findings of fact and conclusions of law specifying how the proposal has or has not complied with §§ 155.025 through 155.032 of this chapter. The Planning Commission shall specify such consideration as in its findings and conclusions of law.
(Prior Code, § 16.205.035) (Ord. 464, passed 9-16-2019)
§ 155.728 ANNEXATION DECLARATION.
(A) The City Council shall, by ordinance, declare annexation only after determining that all state requirements have been met, all requirements of this chapter have been met, and all applicable fees have been paid and, for all annexations subject to voter approval, that the annexation request has been approved by a majority of those voting.
(B) The ordinance declaring the annexation shall include the following language: “Pursuant to ORS 199.510(c), the property is also being annexed into the boundaries of Clean Water Services for the provision of sanitary sewer, storm and surface water management. The property is also being annexed into the boundaries of Tualatin Valley Fire and Rescue for the provision of emergency services.”
(Prior Code, § 16.205.040) (Ord. 464, passed 9-16-2019)
§ 155.729 HEALTH HAZARD DECLARATION.
The City Council shall annex those areas constituting a health hazard in accordance with state statutes, taking into consideration the ability of the city to provide necessary services. Annexation of areas constituting a hearth hazard is not subject to voter approval.
(Prior Code, § 16.205.045) (Ord. 464, passed 9-16-2019)
§ 155.730 ISLAND ANNEXATION.
The city shall not allow islands or enclaves of unincorporated territory surrounded by or within the city limits.
(Prior Code, § 16.205.050) (Ord. 464, passed 9-16-2019)
§ 155.731 COORDINATION.
All annexation requests shall be coordinated with affected public and private agencies, including, but not limited to, the county, Portland General Electric, Northwest Natural Gas, Hillsboro School District, Tualatin Valley Fire and Rescue, Clean Water Services and, where appropriate, state agencies. Coordination shall be made by referral of annexation request to all appropriate entities sufficiently in advance of proposed final city action to allow for review by those entities and incorporation of their recommendation(s) into the city’s records.
(Prior Code, § 16.205.055) (Ord. 464, passed 9-16-2019)
§ 155.732 EFFECTIVE DATE OF DISTRICT DESIGNATION.
(B) Areas annexed to the city shall be assigned city zoning designations pursuant to § 155.142 of this chapter.
(Prior Code, § 16.205.060) (Ord. 464, passed 9-16-2019)
§ 155.733 ACTION BY CITY COUNCIL.
(A) The recommendations of the Planning Commission on an annexation proposal will be set for a public hearing before the City Council pursuant to §§ 155.025 through 155.033 of this chapter. The Council shall review the Planning Commission’s recommendation(s) on all annexation proposals. For proposed annexations subject to voter approval, review by the City Council shall occur prior to the proposal(s) being referred for a vote of the electors by the Council. The Council shall refer annexation proposals only in those instances where voter approval is authorized under state law, where the annexation proposal complies with the criteria established in § 155.722 of this chapter and where the requirements of this chapter have otherwise been satisfied.
(B) The decision of the City Council shall be supported by written findings of fact and conclusions of law, including a finding that the proposed annexation is in the best interests of the city and its residents considering the timing of and extent to which municipal services and infrastructure can be provided, represents a logical direction for city expansion, promotes an orderly, reasonable and economically feasible expansion of the city boundary and serves the present and future interests of the city.
(Prior Code, § 16.205.065) (Ord. 464, passed 9-16-2019)
§ 155.999 PENALTY.
(A) Upon failure to comply with any provision of this chapter, or with any restrictions or conditions imposed hereunder, the city may withhold any further permits and may withhold or withdraw city utility services until correction is made. Notwithstanding any such action taken by the city, any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter, or who resists the enforcement of such provisions, shall be subject to a civil penalty of not more than $250 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Prior Code, § 16.00.030)
(B) Any person violating §§ 155.625 through 155.637 of this chapter shall, upon conviction thereof, be fined in an amount not to exceed $500. Each day that any such violation is permitted to continue shall constitute a separate offense and shall be punishable as a separate offense under the provisions of this division (B).
(Prior Code, § 16.145.190) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 460, passed 6-3-2019; Ord. 470, passed 8-17-2020)