What is an Implementing Ordinance?
An implementing ordinance (sometimes referred to as an "IO" for
short) is a set of procedures that the City must follow when processing an
application for annexation.
What are the attributes of a strong implementing ordinance?
A strong implementing ordinance would contain as many of the following
- Require that the public be adequately informed about the subject
property, including maps, zoning, and the allowed density.
- Require that such information be posted and published in the Voter's
- Require that the applicant inform the public of the impact(s) of the
proposed annexation on the community.
- Require that annexations preserve any special or natural features
important to the area or town.
- Prohibit island, shoestring, or cherry-stem annexations.
- Require that all expenses associated with an application, including
election costs and staff time, be paid by the applicant.
- Require that all expenses for additional required infrastructure be
funded by the applicant or the development, so that existing residents
do not fund new growth. (Note that case law requires that such fees be in
proportion to the development's impact. The city is
responsible for proving that they are reasonable.
See Nollan v. California Commission 1987 and Dolan v. City of Tigard 1994.)
Examples of implementing ordinances
Examples of implementing ordinances, along with brief comments by OCVA, are listed below.
Click the city name to view the ordinance. Note that OCVA has not
reviewed these ordinances extensively, and has not necessarily reviewed
the most recent version.
- Sandy's ordinance is probably pretty good, since an OCVA member was
on the City Council at the time it was drafted. It doesn't
include everything she would have liked, so there is room for
improvement. However, it includes provisions for disclosure,
notification, and citizen involvement. It attempts to preserve
existing trees and avoid island annexations. So it's probably a
good starting point.
- North Plains studied several other cities' ordinances as they
prepared their ordinance. It is not as comprehensive as Sandy's,
and has only minimal notification requirements. It prohibits
island annexations. It requires the applicant to disclose the
costs for any new infrastructure that may be needed and requires that
the applicant describe how such infrastructure will be funded.
How do I get a strong ordinance enacted in my town?
Implementing ordinances are usually developed by the Planning
Commission and Staff, and are then approved by the City Council. You
will need to work extensively with these bodies to get your ideas into
law. Remember, the City has little or no incentive to create a
strong ordinance, so you'll need to convince them. Usually it will
require having several like-minded individuals appointed or elected to
these boards in order to prevail.
Additions to this page are welcomed.
If you know of an implementing ordinance that should be included on
this page, or have thoughts about what a strong implementing ordinance
should contain, please let us know.
This page last modified on 2008-08-02 13:20.