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title_1:1.12_annexation [2011/08/25 22:53] – created dustintitle_1:1.12_annexation [2011/12/01 00:07] (current) – Res 692 dustin
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 ==== 1.12.010 Fees. ==== ==== 1.12.010 Fees. ====
  
-  *A. No fee shall be charged to review an annexation petition for sufficiency. +  *A. No fee shall be charged for initial review of an annexation petition for sufficiency, nor shall any costs associated with initially reviewing an annexation petition for sufficiency be considered a "District Cost” as defined herein.  
-  *B. A request for a district-prepared annexation petition and/or a district-prepared environmental checklist under SEPA shall be accompanied by a deposit in advance to cover district costs to prepare the petition, exhibits and legal description, and/or environmental checklist. The district shall prepare an estimate of district costs. The portion of the fee associated with the petition may be waived at the discretion of the board depending on size and complexity of said petition. +  *B. A request for a district-prepared annexation petition and/or a district- prepared environmental checklist under SEPA shall be accompanied by a deposit in advance to cover estimated District Costs to prepare the petition, exhibits and legal description, and/or environmental checklist. The term "District Costs" as used in this chapter means all costs incurred by the District in processing, advocating and defending any annexation petition internally or to any other board, agency, governmental entity, or court, including without limitation, all legal, engineering, consultant, and administrative costs. All costs associated with tasks identified in subsection C below are District Costs. The district shall prepare an estimate of District Costs. Proponents shall be fully responsible to pay for all District Costs; provided that, a portion of the District Costs may be waived at the discretion of the board depending on size and complexity of said petition.  
-  *C. Proponents shall also make a deposit in advance to cover costs to complete the following tasks: +  *C. Proponents shall also make a deposit in advance to cover District Costs to complete the following tasks:  
-    *1. Publish and distribute notice of district's SEPA threshold determination; +    *1. Publish and distribute notice of district’s SEPA threshold determination; 
-    *2. Prepare resolution of intent to approve all or part of annexation; +    *2. Prepare resolution of intent to approve all or part of annexation;  
-    *3. Prepare Notice of Intent ("NOI") (or staff/consultants' review of draft NOI prepared by annexation proponent);+    *3. Prepare Notice of Intent (“NOI") (or staff/consultants’ review of draft NOI prepared by annexation proponent);
     *4. File NOI with boundary review board ("BRB"), including filing fee;     *4. File NOI with boundary review board ("BRB"), including filing fee;
-    *5. Staff/consultants prepare for and attend BRB hearing (if applicable). +    *5. Staff/consultants/attorneys prepare for, attend, and fully participate in BRB hearing or judicial proceedings (if applicable).  
-District staff/consultants shall prepare an estimate of district costs for the above-listed tasks. Deposit +  District staff/consultants/attorneys shall prepare an estimate of District Costs for the above-listed tasks. Deposit may be paid one—half prior to start of work and one-half upon notice from district. In the event the initial deposit is insufficient to cover all District Costs, the district will require an additional deposit(s) from proponents.
-may be paid one-half prior to start of work and one-half upon notice from district.+
   *D. If the annexed area is not part of the most recent adopted district comprehensive water and/or sewer system plans, or if circumstances associated with the annexation require substantive changes to the comprehensive water and/or sewer system plans, proponents shall make a deposit in advance to cover costs of necessary plan amendments and/or system improvements. The district shall prepare an estimate of district costs of preparing and adopting such plan amendments and map updates. Deposit may be paid one-half prior to start of work and one-half upon notice from district.   *D. If the annexed area is not part of the most recent adopted district comprehensive water and/or sewer system plans, or if circumstances associated with the annexation require substantive changes to the comprehensive water and/or sewer system plans, proponents shall make a deposit in advance to cover costs of necessary plan amendments and/or system improvements. The district shall prepare an estimate of district costs of preparing and adopting such plan amendments and map updates. Deposit may be paid one-half prior to start of work and one-half upon notice from district.
   *E. For any of the aforementioned tasks for which fee deposits are estimated and required, if it appears reasonably likely that the required deposits will be insufficient to cover the costs incurred by the district, the district may require additional deposits of funds sufficient to cover the costs necessary to complete said tasks.   *E. For any of the aforementioned tasks for which fee deposits are estimated and required, if it appears reasonably likely that the required deposits will be insufficient to cover the costs incurred by the district, the district may require additional deposits of funds sufficient to cover the costs necessary to complete said tasks.
-(Res. 615 § 1, 2002: Res. 321 § 1, 1979)+(Res. {{:692.pdf|692}} § 1, 2010: Res. {{:615.pdf|615}} § 1, 2002: Res. {{:321.pdf|321}} § 1, 1979)
 ==== 1.12.020 Complete petition required. ==== ==== 1.12.020 Complete petition required. ====
  
-A petition for annexation shall not be processed until it is determined to be complete. A complete petition shall include timely payment of all fees required by Section 1.12.010 and all of the information required in Section 1.12.030. For purposes of determining whether an application is complete, all fees shall be considered timely paid if they are paid current under the payment schedule established pursuant to Section 1.12.010. Upon determining that a petition is complete, the petitioner shall be so notified in writing and the district shall begin processing the petition. +A petition for annexation shall not be processed until it is determined to be complete. A complete petition shall include timely payment of all District Costs required by Section 1.12.010 and all of the information required in Section 1.12.030. For purposes of determining whether an application is complete, all District Costs shall be considered timely paid if they are paid current under a payment schedule established pursuant to Section 1.12.010. Upon determining that a petition is complete, the petitioner shall be so notified in writing and the district shall begin processing the petition. 
-(Res. 615 § 2, 2002)+(Res. {{:692.pdf|692}} § 2, 2010: Res. {{:615.pdf|615}} § 2, 2002)
 ==== 1.12.030 Complete petition-- Contents. ==== ==== 1.12.030 Complete petition-- Contents. ====
  
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 ==== 1.12.050 Threshold criteria and factors to be considered by board in determining whether to concur with or approve petition. ==== ==== 1.12.050 Threshold criteria and factors to be considered by board in determining whether to concur with or approve petition. ====
  
-  *A. Threshold Criteria. All territory pro-posed for annexation must be within a designated urban growth area in the Whatcom County Comprehensive Plan. Submittal of a petition indicates agreement by petitioners for the district to provide both water and sewer service throughout the annexation area.+  *A. Threshold Criteria. Territory proposed for annexation must be within a designated urban growth area in the Whatcom County Comprehensive Plan or in an existing development at urban density and currently served by the District with water and sewer. Submittal of a petition indicates agreement by petitioners for the district to provide both water and sewer service throughout the annexation area.
   *B. Factors. Following a public hearing held pursuant to Section 1.12.040, the board will consider the following nonexclusive factors in determining whether to concur with or approve a petition:   *B. Factors. Following a public hearing held pursuant to Section 1.12.040, the board will consider the following nonexclusive factors in determining whether to concur with or approve a petition:
     *1. Contiguity of territory proposed for annexation with present district boundary and/or service area;     *1. Contiguity of territory proposed for annexation with present district boundary and/or service area;
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     *4. Public health and environmental impacts of proposed annexation;     *4. Public health and environmental impacts of proposed annexation;
     *5. Financial impacts of proposed annexation.     *5. Financial impacts of proposed annexation.
-(Res. 615 § 5, 2002)+(Res. {{:692.pdf|692}} § 3, 2010: Res. {{:615.pdf|615}} § 5, 2002)

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