City of Sultan

Annexation Policies, Goals and Guidelines

Table of Contents

1. Introduction Page 1

2. Planning Context Page 2

3. Goals Page 4

4. Guideline For Reviewing Annexation Requests Page 5

5. Consideration Policy of Annexation Requests Page 7

6. Post-Annexation Requirements Page 9

7. Addendum: Annexation Application

Introduction

As Sultan continues to grow in the coming years, an annexation policy will be crucial in helping to ensure that growth occurs in an orderly manner.

The urban growth area around the City of Sultan already shares economic and social ties and a sense of community with the City and can logically be expected to be annexed within the coming years. The question for the City to address is when is the best time for any given area to be annexed. The annexation policy will establish goals and policies by which the City can evaluate the pros and cons of a particular annexation to determine if annexation is in the City’s best interest at that time.

Having specific annexation goals and policies based on the City’s ability to provide municipal services in an efficient and orderly manner will allow the City to pre-plan for annexation apart from any specific request for annexation. This will allow the public a better understanding of what is required before annexation is requested and will promote a greater sense of fairness.

Having specific annexation goals and policies will enable the City to evaluate specific annexation requests based on established criteria. Applying uniform and consistent standards when making decisions regarding annexation will promote a sense of fairness and lessen the risk of special treatment.

Planning Context

The City of Sultan’s Comprehensive Plan has specifically designated Urban Growth Areas (UGAs) earmarked for annexation to fulfill its economic, social and growth management needs. The Annexation Policies and Goals are tools the City and the citizens can use to determine the timing of any annexation request. The policies and goals contained herein set specific criteria and conditions for considering annexation requests. It also establishes a structure to address infrastructure, public services, compatibility issues and utility extensions in the City of Sultan’s UGA at the time of annexation..

As the policies and goals of the City’s comprehensive plan are implemented, the need for annexation will be established. In the short-term and long-term planning processes for the City’s future, all of the required elements to service the UGA must be considered, financed and implemented to achieve the growth goals for the City. The more specific the planning process established by the City management, the more effective and efficient the annexation of lands into the City will become.

The benefits of a well-planned annexation include the City’s ability to regulate new development ensuring that the impacts, such as services, maintenance and revenues, are mitigated and provided in a manner consistent with the City’s comprehensive plan goals. The property owners and residents of an area proposed for annexation would gain, with proper planning, City services and political participation in the City’s government.

Currently, there are seven methods for a code city such as Sultan to annex: (1) two election methods; (2) two petition methods; (3) two limited purpose methods accomplished either by Council resolution or Council vote; and, (4) one method initiated by County Council action for land within the City’s UGA. Of these methods, historically the most common is the original petition method. Except for a municipal purpose annexation, all require physical contiguity to proceed. A summary of the methods follows.

• County Council initiates annexation. This pertains to property within the City’s Urban Growth Boundary. The process leads to approval of an Interlocal Agreement and passage of an ordinance providing for the annexation. Fifteen percent (15%) of the voters in the annexation area can initiate a referendum for an election on the ordinance passed providing for annexation.
• New Petition Method. This is initiated by a writ signed by ten percent (10%) of the property owners by acreage in the area to be annexed. If the Council decides to allow a petition to annex to proceed, then it becomes valid upon signature by the owners of a majority of the acreage and a majority of the registered voters residing in the area.
• Old Petition Method. This is initiated by ten percent (10%) of the owners based on assessed value of properties. If the Council decides to call a petition to annex to proceed, then it becomes valid upon signatures of owners representing at least sixty percent (60%) of the assessed values.
• Election Method Initiated by Ten Percent (10%) Petition. This is initiated by a petition signed by ten percent (10%) of the voters in the area. If the petition is determined sufficient by the Auditor, the Council is given the authority to decide whether to proceed or not with the annexation. Approval at election is by a majority, unless debt is being assumed in which normal validation is required (forty percent [40%] vote with sixty percent [60%] approval).
• Election Method Initiated by Resolution. This method is initiated by a City Council resolution. All other requirements and procedures of the Election Method Initiated by Ten Percent petition apply.
• Annexation for Municipal Purposes. Only municipality owned property applies to this method. A majority vote of the Council is necessary to annex municipality owned property for municipality purposes.
• Annexation of Unincorporated Islands. This form of annexation is initiated by a resolution, with maximum limitations for such. Upon adoption of an annexation ordinance, ten percent (10%) of the voters in the annexation area may initiate a referendum on the annexation.

Goals

The goals of the annexation policies are:

1. To meet growth, social and economic needs and goals for the City of Sultan as recommended by the Comprehensive Plan;

2. To effectively and efficiently provide City services to newly annexed land from the Urban Growth Areas of the City of Sultan;

3. To establish regulations over the land uses and potential growth of the newly annexed land from the Urban Growth Area;

4. To better plan for the future needs for the Urban Growth Areas through responsible phasing of services provided to the annexed areas by determining growth and capacity needs for the City;

5. To coordinate, when possible, review of development activities in the UGA between the City of Sultan and Snohomish County to ensure consistency of policies and growth capacity as prescribed in the City’s Comprehensive Plan and Capital Facilities Plan. The City of Sultan should register as an entity of interest with the County;

6. To require the assumption of all or any pro-rata portion of City indebtedness;

7. To educate and better inform the public on annexation.

Guideline For Reviewing Annexation Requests

I. Purpose

The City of Sultan may receive landowner-initiated petitions for the annexation of land and other development requests. This guideline is intended to assist the City and applicants in obtaining pertinent information and to provide a framework within which to evaluate annexation petitions. A pre-annexation application conference with city staff is required so that the City and applicant may share information early in the process.

II. Preliminary Information

The petitioner of an annexation shall provide the City with the following information at or before the time the annexation petition is filed with the City.

1. The reason for the proposed annexation.

2. Documentation that the proposed annexation complies with the applicable annexation methods and that the appropriate procedural steps have been satisfied.

3. A detailed description of the contemplated development intended to occur on the property subsequent to annexation, including the contemplated timeframe(s) and principals to be involved, if applicable.

4. The zoning for the annexed property as recommended by the comprehensive plan.

5. An explanation of how any contemplated development is or is not consistent with any locally adopted land use plans for the area, if applicable.

6. A detailed description of the utility and other governmental services needed to serve any contemplated development and a proposal regarding how those services should be provided to the property.

7. Any off-site improvements, expansions, modifications required to serve the proposed annexation area.

8. Completed SEPA checklist.

III. City Planner and/or Engineer Determination of Completeness

No application or request for annexation or development approval will be considered ready for review by the City Council until the application/request has been deemed complete by the City staff.

IV. Application Fees Required

The appropriate application fees as required by City ordinance shall accompany any request for Annexation approval. No application will be deemed complete until all required application fees are paid per the current fee schedule.

V. Pre-Annexation Agreement Required

Petitioner shall enter into a pre-annexation/utility agreement before any annexation request is approved by the City Council. Among other things, the pre-annexation agreement would delineate the respective expectations and preliminary commitments of the City and the petitioner regarding the provision and cost of municipal services to the property, any offsite improvements/accommodations required, and the nature, timing and conditions of annexation approval. Additionally, the pre-annexation agreement shall require the applicant to reimburse the City for actual costs incurred related to review and consideration of the annexation proposal and may require security (such as an irrevocable letter of credit, bond, or other security approved by the City) to ensure payment.

The Pre-annexation Agreement could also serve to put the applicant on notice of certain dedications, improvements and fees, that are likely to be required as part of annexation approval as recommended by the City’s Comprehensive Plan (e.g. construction and dedication of neighborhood park sites and payment of other park fees and or dedications, utility over sizing/extension costs, necessary off-site transportation improvements, etc.). If enough specific information is known at the time, the pre-annexation agreement could even be used as the vehicle to secure petitioners legally binding commitment to certain conditions of future development, if applicable.

Consideration Policy of Annexation Requests

In order to evaluate a proposed annexation request, the City shall consider but is not limited to, the following factors.

1. Local Land Use Planning

• Is the proposed annexation and/or development consistent with the goals, objectives, policies and recommendations of the current City Comprehensive Plan?

• Is the property located within a City urban growth area?

• Is the proposed annexation consistent with any approved interlocal agreements?

2. The Cost and Provision of Infrastructure Improvements and Related Community Services

· Does the City have adequate sanitary sewer capacity to serve the property?

· Does the City have adequate municipal water capacity to serve the property?

· Does the City have adequate police, fire, emergency medical, public works, water, storm water drainage, sewer, solid waste, streets, street lighting, and administrative services to serve the property?

· Is it desirable to extend City municipal services to the property?

· Is there adequate capacity in the school district capital facilities plan to serve the property?

· What cumulative impact would the proposed annexation have on municipal services in the City, and how the City will provide such services to the property or properties?

· Identify any off site improvements/accommodations required, related to the proposed annexation. How will they be paid for?

3. The City's present or future need for the proposed annexation and/or development

• The need for orderly development of the City.

• The need to accommodate increases in the population and economic development.

• The desirability for additional areas within the City to accommodate present or reasonably anticipated specific needs, such as industrial, commercial, residential, institutional growth, housing options and employment opportunities.

• The need to avoid potential detrimental effects to the City if the property is developed outside of the City.

• The need for the City to consider the cumulative impacts and
  needs of the community in making annexation/development decisions.

• Whether the proposed annexation furthers any identified goals/policies/objectives of the City better than other proposed or existing developments (e.g. a broad range of housing/employment options).

4. Other Factors

• How will the proposed annexation affect storm water drainage in the City?

• In a groundwater recharge area, what impact will annexation have?

• Is the property encumbered with wetlands and/or stream corridors? What impact will annexation have?

• Is the property well suited for the proposed annexation?

• Any factors applicable under other City ordinances/regulations.

• Any other factors necessary for the City to review the proposed annexation fully and adequately.

Post-Annexation Requirements

1. After annexation, transfer all review for all land uses from Snohomish County to the City of Sultan per the interlocal agreement.

2. Ensure that the transition from County to City administration is established efficiently and smoothly.

3. Ensure that city services are offered and rendered as they become available to the annexed area. The city services should be of the same level as offered to the current residents of Sultan.

Addendum

Annexation Application