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DRAFT DOCUMENT – VERSION 4 – October 8, 2003
Annexation Policy and Procedures of the City of Charles Town, WV
The City of Charles Town adopts this annexation policy to guide annexation decisions in a manner that preserves the character of the community, the quality of life of its citizens, and the fiscal health of the locality. Charles Town’s vision is to create a dynamic city with a logical growth boundary that defines a designated growth zone for Jefferson County, a greenbelt of protected land at the boundary, and well designed neighborhoods and business areas within the boundary that enhance the established character of the community. This policy provides guidance to citizens, landowners, developers, and other local government officials in Jefferson County on the considerations that will guide and govern Charles Town annexation decisions.
1.) Purpose of Annexation – The purpose of annexation is to ensure orderly growth and development that is beneficial to the established Charles Town community and its citizens, in the context of growth in the wider Jefferson County area.
2.) Maintaining Charles Town’s Established Character – Charles Town seeks to maintain the established character and existing size of the community, and will disfavor annexation requests unless an annexation proposal will provide clear benefit to Charles Town or prevent incompatible development outside of the City’s corporate boundaries.
3.) Cooperation with Other Local Entities – Charles Town seeks to exercise its annexation authority cooperatively with Jefferson County and the City of Ranson, in order to direct growth and development to designated growth areas, and to preserve designated areas valued for their rural, agricultural, historic, natural, recreational, or scenic value.
4.) Municipal Services – Charles Town will not promote the provision of municipal infrastructure and services to areas outside the corporate limits of Charles Town or outside the Charles Town Urban Growth Boundary. Where the provision of municipal infrastructure and services is not cost-effective; negatively impacts Charles Town citizens with respect to taxes, fees, or levels of municipal services; or conflicts with the growth management policies of the City of Charles Town, it will be declined, unless required by law.
5.) Adequate Public Facilities – Charles Town will disfavor annexation or provision of municipal services when existing or planned public facilities and services are not adequate to serve the proposed development at projected build-out, and as governed by the West Virginia Public Service Commission.
Annexation Areas within Charles Town Growth Boundary
1.) Charles Town Growth Boundary – The City has established a “Charles Town Growth Boundary” for future growth and development. The boundary reflects a logical, long-term area for future growth around the established community, taking into account topographical and natural features, existing and approved infrastructure, existing and approved development projects, and features of the landscape with special agricultural, environmental, historic, or scenic value. Annexations will be favored within the boundary, and disfavored outside of the boundary. The Charles Town Growth Boundary shall be considered to be Country Club/Marlow Road toward the east at Route 340, Kabletown Road toward the east at Route 9, the southern border of the planned Norbourne Glebe development and Cave Road, the southern border of the planned Huntfield development and Huyette Road, the western boundary of the Locust Hills development at the west, and Summit Point Road and the Ranson/Charles Town border at the north. The City of Charles Town will take action to ensure that the Charles Town Comprehensive Plan, ordinances, and policies are consistent with this Boundary. Charles Town will also seek to work cooperatively with Jefferson County to avoid the approval of subdivisions in the area outside of the Charles Town Growth Boundary.
2.) Annexation within Boundary – The City shall give priority consideration to annexation
for areas within the Charles Town Growth Boundary, if the annexation meets the
other considerations outlined in this policy.
Charles Town may choose to deny annexations within the growth boundary
if such annexations would be inconsistent with the Annexation Policy or the
clear sentiments of Charles Town citizens.
3.) Contiguous Areas – Annexation
areas must be contiguous to the City corporate limits and must contribute to
the logical growth pattern of the City.
“Shoestring” annexations and growth patterns that contribute to the
creation of irregular boundaries should be avoided, unless warranted by
exceptional circumstances.
4.) Greenbelt
at Growth Boundary – Charles Town seeks to create a greenbelt of
preserved land at the Charles Town Growth Boundary, in order to keep the
distinction between “town and country” for the long term. In addition, although the Charles Town Growth
Boundary extends to the west to Tuscawilla Hills and Locust Hills, Charles Town
expresses its objective that the agricultural lands between these subdivisions
and the 2002 western border of Charles Town be preserved in their rural
character, if so desired by the owners of these lands. Likewise, Charles Town expresses its
objective that the lands at the southern approach to the City on Old Route 340
between the Huntfield subdivision and the 2002 southern border of Charles Town
be preserved in their rural character, if so desired by the owners of these
lands. The greenbelt and preservation
areas can be established through development dedications, private donations,
public purchase of lands or conservation easements, cooperative efforts with
Jefferson County or private landowners, or other appropriate means.
Annexation
Considerations
For annexation requests within the Charles Town Growth Boundary, the following items shall be considered in determining whether annexation provides clear benefit to Charles Town, in addition to input provided by citizens during the annexation process. The Charles Town Council will consider these factors together to decide if, on balance, annexation is beneficial or not beneficial to the community and its citizens.
1.) Maintain the Growth Boundary – Annexation may be favored within the Charles Town Growth Boundary if consistent with the other guidelines herein, and disfavored outside the Growth Boundary.
2.)
Economic
Development – Annexation may be
favored if it increases Charles Town’s ability to create quality jobs, and if
it creates desirable retail, industrial, or commercial development.
3.)
Positive Fiscal
Impact – Annexation may be favored if the
fiscal impact of new urban areas can be better provided if the residents and
commercial entities of the new area are subject to municipal taxes and fees,
including impact fees or voluntary proffers.
In no case should annexation result in tax increases within the
currently incorporated community.
4.)
Respect Existing Zoning – Annexation
may be disfavored if it will result in the upzoning of lands currently zoned
“Agricultural” in Jefferson County.
5.)
Urban Zoning –
Annexation may be favored if a Charles Town zoning
classification may be more appropriate to promote traditional neighborhood,
mixed-use urban development in the annexed area, ensuring orderly future growth
that is consistent with the established community.
6.)
Affordable Housing
– Annexation may be favored if it provides a significant component of housing
for low and moderate income households and families and other special
populations, such as the elderly.
7.)
Transportation
Planning – Annexation may be favored
if it will promote the City’s effort to coordinate land use and transportation
planning in order to avoid adverse traffic impacts on the community.
8.) Protection of Land Resources – Annexation may be favored if it involves preservation and protection of important environmental, historical, cultural, scenic, recreational, or agricultural areas.
9.) Community Amenities – Annexation may be favored if it provides the opportunity for developers to contribute amenities to the community, such as park and recreational spaces, walking and bike paths, transportation improvements, tree planting and landscaping improvements, public or community facilities, conservation areas, affordable housing, or other improvements that go beyond what is otherwise required. Such community amenities can be incorporated as conditions in annexation agreements.
Annexation Procedures
Ř Annexation is initiated at the request of the landowner/petitioner. The petitioner shall meet first with the Mayor and his designees to explain the desired use of the land, the desired zoning classification, and the proffering of any contributions as part of the annexation. The petitioner and Mayor will discuss whether the petition appears to be compatible with the Charles Town annexation boundary and policy.
Ř If the petitioner desires to make an annexation request, it shall be placed on the City Council agenda for action by Council. If accepted by the Council for action, it shall be referred to the Planning Commission and Finance Committee, and dates for consideration by those committees shall be established.
Ř Once accepted for action, the petition will be forwarded to the City’s counsel for certification on form and content. If lacking in form or content, it will be returned to the petitioner with an explanation of the deficiencies that need to be corrected.
Ř One certified in form and content, the petitioner shall place notice in the newspaper and by mail to all property owners and subdivisions (via the homeowners association) contiguous to the subject land. These notices shall identify the location of the parcel, the proposed use of the land, and the dates of consideration of the petition by the Planning Commission and Finance Committee.
Ř Notice about the annexation will be provided by the City Planner to public agencies that may be affected by the proposed annexation and land development, including but not limited to the Charles Town Police Department, the Charles Town Public Works Department, the Charles Town Utility Board, the Jefferson County Commission, the Jefferson County Planning Commission, the Jefferson County School Board, the Jefferson County Parks and Recreation Department, the Jefferson County Library, and appropriate fire and emergency services agencies. The City Planner shall request a timely response from these agencies regarding how the proposed annexation and land development might affect their facilities and services, and whether proffer contributions toward those agencies will be necessary to ensure adequate facilities and services. Such responses will be forwarded to the Planning Charles Town Commission, Finance Committee, and City Council.
Ř The petition will then be forwarded to the Planning Commission to determine compatibility of the annexation with the nine (9) factors in the Charles Town annexation policy; to recommend whether the annexation should be favored or disfavored by City Council; to recommend appropriate zoning; and to consider what proffers could make such annexation compatible with the Charles Town annexation policy, comprehensive plan, and other land use policies. The Planning Commission shall take public comments and suggestions on the annexation petition.
Ř The petition will be forwarded to the Finance Committee to determine the fiscal impact of the proposed annexation on the community at large. Using nationally recognized standards or locally agreed upon standards, a report on the projected fiscal impact will be generated and provided to the City Council, the Planning Commission, and the petitioner. The report shall taken into account projected tax and proffer fees and contributions associated with the proposed annexation, and capital and operating costs that will not be covered by such revenues. At a minimum, the impact study should consider school, police, fire, emergency services, parks and recreational, public works, library, and municipal administrative costs and needs.
Ř After recommendations from the Planning Commission and Finance Committee are made, and if annexation is recommended, the City will direct that an annexation ordinance be prepared and placed on the City Council agenda for the purposes of a first reading and public hearing. Notice of the public hearing will be advertised as a class I legal ad. At such meeting, there will be an assessment of:
o Whether the annexation petition is in correct form and content;
o The recommendation of the Finance Committee on fiscal impact and any proffers;
o The recommendation of the Planning Commission on the appropriate zoning classification, whether the annexation is favorable under the Annexation Policy, and a recommendation on land use proffers;
o Whether the petitioner is willing to enter into a binding agreement on the recommended proffers and conditions; and
o The comments of the public.
Ř If the first reading of the annexation ordinance is approved by majority vote of the Council, a second reading will be scheduled.
Ř If the second reading of the annexation ordinance and proffer agreement is approved by a majority vote of the Council, the ordinance will be considered adopted by the City and forwarded to the County Commission for appropriate action.