Section 40-51.2-13 - Decision1. In arriving at a decision, the administrative law judge shall consider the following factors: a. The present uses and planned future uses or development of the area sought to be annexed;b. Whether the area sought to be annexed is a part of the community of the annexing city;c. The educational, recreational, civic, social, religious, industrial, commercial, or city facilities and services made available by or in the annexing city to any resident, business, industry, or employee of the business or industry located in the area sought to be annexed;d. Whether any governmental services or facilities of the annexing city are or can be made available to the area sought to be annexed;e. The economic, physical, and social relationship of the inhabitants, businesses, or industries of the area sought to be annexed to the annexing city, and to the school districts and other political subdivisions affected;f. The economic impact of the proposed annexation on the property owners in the area of the proposed annexation, and the economic impact on the annexing city of a decision to deny the annexation;g. Whether the area proposed to be annexed is in the extraterritorial zoning or subdivision regulation authority of another city; and h. Any other factor determined to be relevant by the administrative law judge.2.a.Based upon those factors, the administrative law judge may order the annexation if the administrative law judge finds that:
(1) The area proposed to be annexed is now, or is about to become, urban in character;(2) City government in the area proposed to be annexed is required to protect the public health, safety, and welfare; or(3) The annexation would be in the best interest of the area proposed to be annexed.b. The administrative law judge may deny the annexation if it appears that annexation of all or a part of the property to a different city would better serve the interests of the residents of the property.3. If the administrative law judge is satisfied that the annexation should be granted, the administrative law judge shall determine the terms and conditions of the annexation and enter an order granting the petition. In all cases, the administrative law judge shall set forth in writing a decision, including findings of fact, conclusions of law, and an order. The decision must include the factors upon which the decision is based. The administrative law judge shall direct the governing body of the annexing city to mail a copy of the decision to all parties to the annexation proceedings.4. An order granting the petition must include in detail all the terms and conditions upon which the petition is granted and the effective date of the petition. The annexing city shall file and record the order and an accurate map of the annexed area, certified by the executive officer of the city, in the office of the recorder of the county in which the annexed territory is situated.