1. Purpose. The purpose of this application is to provide a procedure and criteria for annexation of unincorporated Kane County to the Village of South Elgin, and is specifically intended to establish standards to manage the fiscal impacts of annexation, preserve, protect, and enhance the character of residential neighborhoods, and strengthen South Elgin's economic resources.
2. Initiation. An annexation may be initiated by the Village or requested by a property owner.
3. Procedure.
a. Action by the Zoning Administrator.
(1) An application for annexation shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).
(2) Upon the Zoning Administrator's determination that the application is complete, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon each of the standards of § 156.03.A.4 (Standards for Annexations), and schedule the application for consideration by the Planning and Zoning Commission.
b. Action by the Planning and Zoning Commission.
(1) The Planning and Zoning Commission shall conduct a public hearing on the application in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.
(2) The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of § 156.03.A.4 (Standards for Annexations).
(3) The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Planning and Zoning Commission may:
(a) Recommend conditions upon the establishment, location, construction, maintenance, and operation of the annexation as deemed necessary to protect the public interest.
(b) Recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.
(4) The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.
c. Action by the Village Board.
(1) The Village Board shall consider the application within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.
(2) The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and each of the standards of § 156.03.A.4 (Standards for Annexations).
(3) The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Planning and Zoning Commission for further consideration.
(4) A two-thirds favorable vote of the Village Board is required to approve the application if the Planning and Zoning Commission recommends denial of the application.
d. Annexed Land Classification. Any property annexed to the Village shall be classified as F Farming and Rural Residential District upon annexation and is subject to the requirements of the F Farming and Rural Residential District until the property is rezoned or unless otherwise designated as part of an annexation agreement.
4. Standards for Annexations. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for annexations with specific written findings based on each of the standards of this Section.
a. The proposed annexation is in compliance with state law.
b. The parcels proposed for annexation are contiguous to parcels located in the Village.
c. The annexation reflects all annexation or service extension policies of the Village.
d. The annexation will not adversely affect the planned pace of growth or redevelopment in other areas of the Village as indicated in the Comprehensive Plan.
e. The proposed annexation supports any planned capital improvement policy.
f. Proposed public infrastructure and utilities are provided to the satisfaction of the Village Engineer, including water facilities, wastewater facilities, drainage facilities, streets, and transportation facilities.
g. The proposed land use and related densities or intensities of development reflect the Village's Comprehensive Plan.