(A) The following are general policies the city plans to use to guide annexation.
(1) (a) The city may seek to utilize any and all methods for annexation authorized under state law (MCA Title 7, Chapter 2). All annexation proceedings will follow the requirements of state law in every respect.
(b) The city will consider, in a timely manner, any property owner’s petition requesting annexation of land that is eligible for annexation in accordance with state statutes.
(2) All municipal services will be available to property that is annexed within a reasonable time (generally not to exceed five years) on substantially the same basis and in the same manner as such services are available to the rest of the municipality. All municipal services should be available when development occurs and demand for sewer, water, streets and other services begins. If it is likely that the area proposed to be annexed will not have municipal services available when development occurs, the area should not be annexed.
(3) Properties outside of the city municipal boundary will not be connected to or receive service from the city’s water and/or sewer systems without either annexation or the property owner submitting a waiver of the right to protest annexation as a requirement for receiving service.
(4) For those properties currently receiving water and/or sewer service that are not within the city limits, the city may require the property owner(s) to consent to annexation or waive the right to protest annexation as a condition of continued water and/or sewer service.
(5) The city has no plans to extend services to specific annexation areas at this time. The city cannot predict the exact future extensions and requirements for new services because new mains and streets and the need for other services are typically initiated by private parties based on the market for new development, and the exact specifications needed for such facilities and services will be determined when development takes place.
(6) The city does not plan to extend services and add new areas to the community each and every year, but instead when expansion is in the best interest of the citizens of city in accordance with the policies in effect when annexation and development are proposed.
(7) In addition to the use of special improvement districts, and payback or recapture agreements (divisions (F) and (G) below) and in accordance with MCA § 76-3-510, the developer(s) or property owner(s) of annexed property will generally be required to extend all infrastructure improvements, including, but not limited to, water lines, sewer lines, fire hydrants, reservoirs, pump stations, lift stations, culverts, storm drainage systems, streets, sidewalks, parks and trails, street lighting, traffic-control devices, street name signs, and such other improvements, as may be required by the city, at the developer’s or property owner’s expense.
(a) The infrastructure improvements will be constructed in accordance with the city subdivision regulations, the most recent edition of the Montana Public Works Standard Specifications, and Montana Department of Environmental Quality (DEQ) requirements.
(b) The infrastructure improvements shall be in compliance with applicable codes and standards, and be of adequate size and design to accommodate the needs of the proposed development.
(c) All proposed infrastructure shall be reviewed and approved by the City Public Works Director, and as-built drawings as required by the City Public Works Director shall be submitted to the city prior to final acceptance of the infrastructure.
(d) All infrastructure necessary to serve newly annexed areas shall be in place concurrently with occupancy of the areas.
(8) The developer(s) or property owner(s) shall be responsible for providing fire protection appurtenances and required water flow pressures and volume, at the developer’s or property owner’s expense, as required by the applicable Fire Code enforced by the city and reviewed and approved by the City Fire Chief and the State Fire Marshal, based on the use of land and the type of construction employed.
(9) Municipal services of police, fire, garbage collection, and streets and street maintenance services, street lighting, parks and recreation facilities, and all general administrative services shall be provided to annexed property on substantially the same basis and in the same manner as provided to the rest of the municipality.
(10) Once newly developed facilities have been installed and areas annexed, the entire municipality will tend to share the tax burden for these facilities and services, and if so, no new city-wide bond issue is planned for the sole purpose of financing provision of municipal services to annexed areas.
(11) Properties proposed for development in areas which do not have immediate access to city water and/or sewer, but where services are in close proximity, may be required to install dry water and sewer lines in anticipation of the extension of city water and sewer into the area within a reasonable time, generally not to exceed five years. Once adequate water and sewer facilities are within 200 feet of the site, or if a new subdivision lot is within 500 feet of city water and sewer, connection may be required at the property owner’s or developer’s expense.
(12) As new city streets and sidewalks are constructed, and as existing streets are improved, storm drainage infrastructure shall be installed or improved to city site design, DEQ and Environmental Protection Agency standards.
(a) It is the responsibility of the developer(s) or property owner(s) to convey stormwater from their property to an appropriate point of disposal as approved by the Public Works Director.
(b) If there is no storm sewer conveyance system available to the site, stormwater generated as a result of the development shall be retained on site in accordance with applicable DEQ requirements.
(13) The developer(s) or property owner(s) shall provide all necessary right-of-way and/or easements, or additional right-of-way or easements if less than adequate right-of-way or easements exist in property proposed for annexation.
(14) The city has adequate water supply and sewer treatment and disposal facilities, funded by existing taxpayers and rate payers, to support existing development and, where city capacity is not sufficient for new development, the city intends to increase capacity as soon as possible.
(15) All property owners located in a newly annexed area will be required to comply with all city, state, and federal laws, statutes, regulations, ordinances, and resolutions, including but not limited to, zoning, building codes, fire prevention ordinance and fire codes, fireworks ordinances, dog license ordinance, business license ordinance, and all other laws, statutes, regulations, ordinances, and resolutions.
(B) Policies for providing services in existing developed areas.
(1) (a) Property that is proposed for annexation and has existing infrastructure shall generally be required to upgrade the infrastructure to city standards as a condition of annexation.
(b) However, the city may choose to participate in upgrades to existing infrastructure, may waive upgrade requirements, or may allow phased improvements in certain instances based on the policies provided in this plan and additional, location-specific factors.
(2) Prior to annexation, the city may require the developer(s) or property owner(s) to provide the City Council with a report describing the following:
(a) The approximate year or period in which the existing area was developed;
(b) The location, size and condition of the existing infrastructure, including, but not limited to, water and sewer lines, fire hydrants, and streets and storm drainage;
(c) The size and location and legal purpose of all existing right-of-ways and easements;
(d) 1. The report shall also include the estimated costs associated with correcting the deficiencies and bringing the utility or improvement to city standards.
2. The city may require such a report to be prepared by a professional engineer at the cost of the developer(s) or property owner(s).
(C) (1) In certain instances, it may be appropriate to require areas within the city limits, including recently annexed areas, to connect to city services which are available over a stated period of time generally not to exceed five years.
(2) This would provide the opportunity to phase out individual and private systems utilizing on-site facilities or other antiquated systems, which operate at a marginal level and which may not be compatible with city standards.
(Prior Code, § 11.03.010.030) (Res. 150, passed 6-18-2016; Ord. 2021-15, passed 12-20-2021)