As a Home
Rule Community, Springfield has jurisdiction over matters
pertaining to its own affairs, including authority to annex
geographic areas into the City and enter into annexation agreements
to bring new geographic areas under the City's jurisdiction
in the future.Annexation Policy
The City's annexation policy is noted in section 156.01
of the City Code. It notes that: In order to provide for
territorial growth of the city that is in accord with
recognized planning principles, all proposed annexations
to the city shall undergo review in accordance with the
annexation review process set forth in section 156.02.
The City's annexation policy is driven by the ability
of the City to reasonably provide needed and necessary
services to any area proposed for annexation. This includes
provisions related to public safety (police, fire and
emergency services), infrastructure (electric, water,
sewer, drainage and roads), quality of life, and compatibility
with long-range development plans as identified in the
Springfield Comprehensive Plan.
Annexation Process
According to section 156.02 of the City Code, before
any vote is taken by the City Council on a proposed annexation,
an "annexation review process" must be completed. The
section goes on to say that the validity of an annexation
ordinance passed by the City Council shall not be affected
by a failure to follow, or any deviation from, the provisions
provided for this process.
The City's established annexation review process is a
multi-stage effort that begins with the filing of an Annexation
Petition with the Office of Public Works (OPW). With the
filing of the Annexation Petition, OPW begins its work
by preparing or obtaining a legal description and plat
of property to be annexed. OPW sends Annexation Review
Sheets to the appropriate City departments covering streets,
fire protection, police protection, electric service,
water service, and the sanitary district, as well as the
Springfield-Sangamon County Regional Planning Commission
and the City Planner.
| Reviewer |
Examples |
| Police |
Accessibility |
| Police |
Crime
Prevention Through Environmental Design Plan |
| Water |
City
Water Standards |
| Electric |
Distance
of Extension |
| Streets |
Access
Roads (Capacity, Drainage & Right-of-Way Availability) |
| Streets |
Street
Type |
| Streets |
Sanitary
Sewers |
| Streets |
Storm
Sewers |
| Streets |
Drainage |
| Fire |
Fire
Hydrant Flow |
| Fire |
Accessibility
for Fire Apparatus |
| Fire |
Distance
From Fire Station |
| Sanitary |
Sewer
Availability |
| Regional
Planning |
Leapfrog
Other Areas |
| Regional
Planning |
Comprehensive
Land Use Plan |
| Regional Planning |
Subdivision Jurisdiction |
Reviewer Examples
Police Accessibility Police Crime Prevention Through
Environmental Design Plan Water City Water Standards Electric
Distance of Extension Streets Access Roads (Capacity,
Drainage & Right-of-Way Availability) Streets Street Type
Streets Sanitary Sewers Streets Storm Sewers Streets Drainage
Fire Fire Hydrant Flow Fire Accessibility for Fire Apparatus
Fire Distance from Fire Station Sanitary Sewer Availability
Regional Planning Leapfrog Other Areas Regional Planning
Comprehensive Plan (Land Use) Regional Planning Subdivision
Jurisdiction
These various entities review the area proposed for annexation
related to the City's ability to provide an adequate level
of service and its relationship to the City's comprehensive
plan.
Once the reviews are completed, the OPW notifies the
City Clerk, who sends out 10 day notices to the City Council
as required. Following the review, OPW notifies the City's
Corporation Counsel that it can prepare the
Annexation Agreements
The City, through powers granted to municipalities by
Illinois State Statutes, may also require property owner(s)
to sign annexation agreements. While there are many circumstances
in which an annexation agreement may be developed, these
agreements usually require that property come under the
jurisdiction of the City at some future time by virtue
of the City providing certain services to the property,
or allow an area petitioning to be annexed to do so only
following certain actions by the property owner(s).
Annexation Agreement Policy
Illinois state law [65 ILCS 5/11-15.1-1, et seq.] allows
the corporate authorities of any municipality to enter
into an annexation agreement which shall be valid and
binding for a period not to exceed 20 years from the date
of its execution with one or more of the owners of record
of land in unincorporated territory. This land may be
annexed to the municipality at the time the land is or
becomes contiguous to the municipality. Lack of contiguity
to the municipality of the property subject to the agreement
does not affect the validity of the agreement.
This process allows both the City and the owner of the
land desiring to be annexed to determine the relationship
between themselves and provides for the future development
of the land before it is annexed. The annexation agreement
provides a means for the advanced planning and negotiation
that is intended to result in a more logical development
of the property without burdening existing citizens with
undue costs.
Property that is covered under an annexation agreement
is not subject to the ordinances, control and jurisdiction
of the annexing municipality until it is finally annexed.
There are two common situations in which the City will
enter into an annexation agreement:
-- The property to be annexed is not contiguous to the
City, but the owner of the property wishes for the City
to provide certain services. In this case the City may
require an annexation agreement to ensure that the property
is annexed when all or part of the property becomes contiguous.
For example, the City requires that applicants for water
service outside the corporate limits of the city agree
in writing that they will be annexed when the applicant's
property is contiguous to the corporate limits of the
city.
-- The property to be annexed is contiguous, and the
property owner wants to be annexed, however the City wishes
to place certain conditions on the annexation. For example,
the area may be served by septic tanks and the City desires
that the installation of sewers be a condition of annexation.
It is important, however, to draw a distinction between
the annexation of one lot and the annexation of an entire
development. Since developments have a greater effect
on the nature of the City and the future provision of
City services in the annexed areas than would one lot,
the City may require action by the developer through an
annexation agreement while not requiring a similar agreement
with the owner of the one lot.
Annexation Agreement Process
As part of its consideration of an area for an annexation,
the various City departments will review it applying the
same criteria mentioned as part of the Annexation Process.
Through this review the City may also identify other aspects
of the area which might affect logical development of
the property without burdening existing citizens with
undue costs. These items become part of the discussion
between the City and the property owner(s) when the annexation
agreement is negotiated.
The procedure for entering into an annexation agreement
[65 ILCS 5/11-15.1-3] requires that the City hold a public
hearing on any proposed annexation agreement and give
notice of the proposed agreement not more than 30 or less
than 15 days before the hearing. The annexation agreement
can be executed by the Mayor, and attested to by the City
Clerk, only after the hearing and upon the adoption of
an ordinance directing such execution. The ordinance must
be passed by a two-thirds vote of the City Council.
For more
information on whether or not an Annexation Agreement is needed,
please contact the Office of Planning and Economic
Development, at
217-789-2377.