Chapter VII, Section VI - Annexation
Sec. 7-6-1 Purpose
Sec. 7-6-2 Responsibilities of applicant
Sec. 7-6-3 Preliminary steps
Sec. 7-6-4 Annexation impact report
Sec. 7-6-5 Consideration of annexation ordinance
Sec. 7-6-6 Final submission
Sec. 7-6-1. Purpose.
The purpose of this Section is to establish a procedure to bring land under the jurisdiction of the Town in compliance with the Colorado Municipal Annexation Act of 1965, as amended. (Ord. 481 §1, 2000)
Sec. 7-6-2. Responsibilities of applicant.
In addition to other duties imposed upon all applicants by this Code and the Colorado Municipal Annexation Act of 1965, as amended, all applicants shall have the following responsibilities:
(1) The applicant is responsible for having a representative at all meetings where the request is reviewed. Failure to have a representative present will be cause to have the item withdrawn from the agenda of that meeting.
(2) The applicant shall consult with the Town Administrator to discuss any special conditions pertaining to the annexation and to obtain an annexation petition. (Ord. 481 §1, 2000)
Sec. 7-6-3. Preliminary steps.
(a) Procedure. At least fifteen (15) days prior to the presentation of any annexation petition to the Town Board, the applicant shall submit to the Town an original and twenty (20) copies of the annexation petition, the annexation filing fee, a development proposal summary, the annexation map and the appropriate number of copies of all required supportive information as set forth in this Section. The annexation filing fee shall be established by resolution of the Town Board.
(1) The Town Administrator shall review all documents submitted for completeness and accuracy. If all documents are complete and accurate, the Town Administrator shall submit the annexation petition to the Town Clerk.
(2) The Town Clerk shall present the annexation petition and a resolution initiating annexation proceedings to the Town Board, which shall thereafter establish a date for a public hearing. Upon the establishment of a public hearing date, the Town Clerk shall give appropriate notice in accordance with the Colorado Municipal Annexation Act of 1965, as amended, and shall specifically direct copies of the annexation petition and the resolution initiating the annexation procedure by certified mail to the Clerk of the Board of County Commissioners and to the County Attorney. Copies of the annexation petition and the resolution initiating the annexation procedure shall also be sent by certified mail to any school district or special district having territory within the annexed area. These copies shall be sent at least twenty-five (25) days prior to the public hearing.
(3) Upon acceptance of the annexation petition by the Town Board, the Town Administrator shall furnish to the following entities copies of the annexation map and the development proposal summary. The Town Administrator may submit copies of the annexation map and the development proposal summary to additional interested entities as determined by the Town Administrator in his or her sole discretion. Such entities shall be advised by the Town Administrator of the scheduled hearing date and shall further be notified that any objections to the annexation must be submitted to the Town in writing no later than seven (7) days after receipt of the annexation map and development proposal summary:
a. U.S. West.
b. Public Service Company.
c. Town Engineer.
d. Eaton Fire Protection District.
e. Greeley Gas Company.
f. Colorado Department of Transportation.
g. Weld County RE-2 School District.
(4) The Town Administrator shall submit the annexation map, development proposal summary and zoning request to the Planning Commission. The Planning Commission shall review the annexation map, development proposal summary and zoning request at a public hearing and shall submit a written recommendation to the Town Board.
(b) Annexation map. All annexation maps shall be made with an engineer's scale, minimum scale to be one (1) inch represents one hundred (100) feet, and shall be on a reproducible medium with outer dimensions of twenty-four (24) by thirty-six (36) inches. The annexation map shall contain the following information:
(1) The date of preparation, the scale and a symbol designating true north.
(2) The name of the annexation.
(3) The names, addresses, phone numbers and fax numbers of the applicant and the firm or person responsible for preparing the annexation map.
(4) The legal description (section, township, range).
(5) Distinction of the boundary that is contiguous to the Town and the length of the same.
(6) Lot and block numbers if the area is already platted.
(7) Existing and proposed easements and rights-of-way.
(8) Existing and requested zoning and acreage of each requested zone.
(9) Ownership of all parcels within and adjacent to the annexation.
(10) Appropriate certification blocks.
(11) Vicinity map.
(c) Supportive information. The following supportive information shall be submitted with the annexation map and summary development plan.
(1) A Town application form, provided by the Town Administrator, with original signature of the property owner's authorized representative plus twenty (20) copies of the application form. If signed by the authorized representative, written evidence of such authorization signed by the property owner shall be submitted as well.
(2) One (1) copy of a deed or legal instrument identifying the applicant's interest in the property.
(3) All copies shall be collated into complete application packets. With the exception of utility drawings which contain more than (10) sheets per set, all maps, plats and plans are to be folded and included with each individual packet.
(4) Three (3) copies of soils description and limitation.
(5) Three (3) copies of a preliminary utility plan. Such utility plan shall include the size and location of all existing utility lines and facilities and the approximate size and location of all proposed utility lines and facilities. A table with estimates of peak hour and maximum day water and wastewater demands shall be included on the utility plan.
(6) Three (3) copies of a preliminary drainage plan showing flow patterns, including off-site contributions, detention and retention areas; and discharge areas.
(7) One (1) paper copy of mailing addresses of all property owners within three hundred (300) feet of the annexation, one (1) copy of these mailing addresses on self-adhesive labels and a copy of the most recent zoning map (at a minimum scale of 1" = 400' without further reductions), indicating all such surrounding property owners, with each property being indexed with the list of mailing addresses.
(8) One (1) original affidavit concerning the amount and historical use of all water rights owned within the last three (3) years, and three (3) copies of such affidavit.
(9) Twenty (20) copies of a statement on community need for the proposed annexation and zoning.
(10) For all annexations in excess of ten (10) acres, the applicant shall obtain from the school district governing the area to be annexed a statement of the effect of the annexation upon the school district, including an estimate of the number of students generated by the proposed annexation and the capital construction required to educate such students. Twenty (20) copies of the school district statement shall be included in the application materials. (Ord. 481 §1, 2000)
Sec. 7-6-4. Annexation impact report.
(a) For all annexations in excess of ten (10) acres, the Town shall, with the assistance of the applicant, prepare an impact report regarding the proposed annexation no less than twenty-five (25) days before the date of the annexation hearing. One (1) copy of the impact report shall be filed with the Board of County Commissioners governing the area proposed to be annexed within five (5) days thereafter.
(b) The annexation impact report shall include the following:
(1) A map or maps of the Town and adjacent territory showing the following information:
a. The present and proposed boundaries of the Town in the vicinity of the proposed annexation.
b. The present streets, major trunk water lines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation.
c. The existing and proposed land use pattern in the areas to be annexed.
(2) A copy of any draft or final pre-annexation agreement, if available.
(3) A statement of the Town's plans for the financing of municipal services within the area to be annexed.
(4) A statement of the Town's plans for the financing of municipal services to be extended into the area to be annexed.
(5) A statement identifying all existing districts within the area to be annexed.
(6) A statement of the effect of the annexation upon the school district governing the area to be annexed. (Ord. 481 §1, 2000)
Sec. 7-6-5. Consideration of annexation ordinance.
Upon submission of documentation in accordance with this Chapter and upon compliance with the notice and hearing requirements as set forth in the Colorado Municipal Annexation Act of 1965, as amended, the Town Board may consider the approval of an ordinance annexing the subject property to the Town. In the event the Town Board considers and disapproves such ordinance, no similar request may be heard for a period of one (1) year from the date of denial. (Ord. 481 §1, 2000)
Sec. 7-6-6. Final submission.
Upon final approval of the Town Board, the applicant shall submit to the Town Administrator two (2) translucent original Mylars of final annexation maps to be recorded in the office of the County Clerk and Recorder. Reproduction Mylars, dark-colored or tinted Mylars and sepias will not be accepted. (Ord. 481 §1, 2000)
