(A) The term "municipal services" is to be considered separate and distinct from other terms such as "development standards", "developmental amenities", and other development/design provisions which are designed to improve the quality of life within a particular development. The term, "development standards" is to mean development provisions which result from the implementation of requirements under the zoning and subdivision control ordinances which govern development in the city and its planning/zoning jurisdiction. Zoning and subdivision control ordinances are changed from time to time by the Plan Commission and the City Council, thereby altering the standards under which subdivisions are developed. When these subdivision/development standards are altered, the subdivisions developed under the new requirements are different from those developed under previous development standards. Such changes in "development standards" might include such alterations as changes in the width of streets, in the provision of alleys, sidewalks/pathways, building setbacks, developmental densities, etc. These differences in development standards are separate from and are not to be confused with the provision of municipal services. The municipality will not be providing any form of "development standards" adjustment in cases of annexation.
(B) Similarly, various subdivision developments offer a range of "developmental amenities" which are included by the developer to increase the market desirability of their developments. These "developmental amenities" are not dictated by the requirements of the zoning or subdivision control ordinances, as is the case in "development standards." Rather, "developmental amenities" are features which are voluntarily offered by the developer to enhance sales. For example, some developments might offer a clubhouse, pool, and park facilities for the use of those who purchase property in the development. The operating cost of such facilities is sometimes paid through assessments solicited from the property owners in the development, and despite the fact that these types of facilities closely resemble the facilities of a municipal park, these developmental amenities are not to be considered municipal services in any manner. As such, the municipality will not be providing any form of "developmental amenities" in cases of annexation.
(C) In addition, developers sometimes provide other developmental provisions which enhance the quality of life or the marketability of these developments. These other provisions might resemble municipal services in some manner, but they are not.
(D) The reason that these distinctions between "municipal services" and other forms of developmental enhancements must be made is due to recently legislated provisions of IC 36-4-3, which attempted to make it more difficult for municipalities to grow through annexation. The new provisions require that municipalities must offer all municipal services that are offered anywhere in the municipality, regardless of location. As a result of these legislative changes, the public is often confused about what services it is entitled to expect from the municipal corporation.
(E) To further exacerbate the problem, those opposed to annexation often attempt to confuse and obfuscate the situation by demanding that the municipality provide "municipal services" to the annexation area which are in reality not "municipal services" but instead, are "development standards" and/or "developmental amenities. " Remonstrators against an annexation have often engaged in various forms of hyperbole and heated rhetoric in an attempt to defeat an annexation by demanding that the municipality provide expensive amenities under the "equal municipal services" requirement of the statute. Therefore, the provisions of this statement of municipal services is designed specifically to counteract such arguments and make the municipal annexation policies clear to everyone.
(F) The municipality will, in all cases, provide a full range of municipal services to any annexed area, in a manner substantially equivalent to the services provided to the other portions of the municipality. However, the municipality will not attempt to treat any "development standards" or "developmental amenities" as municipal services and no development standard or developmental amenity will be provided to any property by the municipality as a result of annexation.
(Ord. 24-2002, passed 8-5-02)