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Per Section 4.4 of the Land Use Code, Annexations shall be processed as a Major Application. Accordingly, the application for annexation must be preceded by a pre-application conference, and shall comply with Sections 4.5, 4.6, 4.7 and any other applicable provisions of this Code as determined by the Planner. In accordance with CRS §31-12-107, at minimum the following information shall be required for an annexation application, as further described in appendix A.

1. Letter of intent. The applicant shall provide a letter of intent addressed to the Board of Trustees to serve as a cover letter to the formal petition, introducing the applicant to the Board of Trustees, requesting annexation of the petitioner’s property, identifying the proposed zoning and describing the development plans for the property, a description of the proposal, and how the request is consistent with the Comprehensive Plan.

2. Statement of conformance with the Town’s Comprehensive Plan. This statement shall cite and provide a narrative analysis of the provisions that are consistent with the proposed annexation as detailed in the Comprehensive Plan. If an amendment to the Comprehensive Plan is deemed necessary by the Town Planner, the criteria for an amendment shall be explicitly addressed as otherwise detailed in the pre-application conference, this Code and the Comprehensive Plan.

3. A complete application form and related application fees.

4. Petition for annexation. See also section 13.9 Technical Standards.

5. Annexation Plat. The Annexation Plat shall meet the requirements detailed in the pre-application conference, as well as section 13.9, and must be prepared by, or under the direct supervision of a registered professional land surveyor licensed in the State of Colorado. Plats may be modified through the process to ensure that all applicable information has been provided.

6. An application for a zoning map amendment including the required submittals as described in Sections 3.2.3, 4.7.2 of the Land Use Code.

7. Letters of support and statement of intent to include or exclude the property into or from all applicable special districts. This may include, but is not limited to the following: The Northern Colorado Water Conservancy District and sub-district, Central Weld Water, Left Hand Water, Frederick Firestone Fire Protection District, Mountain View Fire Protection District, Fort Lupton Fire Protection District, Carbon Valley Recreation District, Tri-Area Sanitation, and St. Vrain Sanitation District, etc.

a. Draft letters to include and exclude into all applicable special districts shall be provided for review and referral to the applicable district.

b. The applicant shall make application for inclusion and exclusion with the applicable special districts no less than 30 days from approval of the annexation by the Board of Trustees.

8. Copies of all agreements between the applicant and governmental entities, quasi-public entities and special districts that may affect the applicant’s property, addressing such things as access, irrigation, fire protection and sanitation, including but not limited to:

a. Water rights and encumbrance report.

b. Identification of lands anticipated for dedication for public sites.

9. Private agreements addressing topics subject to governmental approval, such as signage, oil and gas operations, gravel operations, building permits, and a discussion of historic uses.

10. Surrounding and interested property ownership report. The applicant shall provide a list (not more than 30 days old) of the names and addresses of the surrounding property owners within 1,000 feet of the property boundary in the form of a mailing list. The list shall also contain the names and addresses of the appropriate ditch companies, owners, mortgagees, etc., and as indicated in the pre-application form. The applicant (or agent) shall certify that the surrounding and interested property ownership report is complete and accurate with the following statement:

I,__(insert name)_____, certify this address list as being accurate and true as obtained by the (insert County name) County Assessor’s website on this date, (insert date)."

________________________________________

Signature

11. Site analysis map documenting existing conditions, including but not limited to:

a. Area of property in square feet and/or acres;

b. Property boundaries and complete dimensions;

c. Boundaries of adjacent properties;

d. Topography at five-foot intervals, unless another interval is determined appropriate by the Town Planner during the pre-application conference;

e. Existing rights-of-way, streets, roadways and probable access points;

f. Existing utilities and easements;

g. Irrigation ditches, head gates and waste ditches;

h. Natural drainage patterns, bodies of water, water courses, flood plains and flood way;

i. Significant flora, including trees;

j. Areas of ecological significance, including wetlands, steep slopes, etc.;

k. Existing structures and land uses;

l. Existing oil and gas facilities and setbacks to such facilities; and

m. Number of dwelling units

12. A description of previous and current uses and improvements on the property including any non-conformities with the Town Code that will exist at time of annexation. This description shall also include information on existing ecological or land use conditions which may be significant and/or hazardous; and at the discretion of the Planner may include the need for a Phase 1 Environmental Assessment (in compliance with the EPA All Appropriate Inquiries Final Rule or ASTM 1527-05) for the subject property. This shall also include a discussion as to how these activities / non-conformities will be brought into compliance with the Town Code.

13. Annexation impact report (if required).

a. For annexations larger than ten acres, or as otherwise required by the Town Planner, the applicant shall prepare an annexation impact report concerning the proposed annexation. Such report shall be provided to the Town upon application. One copy of the report shall be forwarded by the Town to the Board of County Commissioners governing the area proposed to be annexed a minimum of 25 days prior to scheduling any public hearings. This shall include a request for a referral response.

b. At a minimum, the annexation impact report shall contain the following information and must comply with the Annexation Map standards detailed in Table A-2 in Appendix A of this Code:

(1) A map(s) of the municipality and adjacent territory to show the following:

(a) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation;

(b) The present streets, major trunk water mains, 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; and

(c) The existing and proposed land uses in the areas to be annexed.

(2) A copy of any draft or final annexation agreement, if available;

(3) A statement setting forth the plans of the municipality for extending to, or otherwise providing for, municipal services performed by or on behalf of the municipality at the time of annexation;

(4) A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed;

(5) A statement identifying existing districts within the area to be annexed; and

(6) A statement on the effect of annexation upon local public school district systems, including the estimated number of students generated, the capital construction required to educate such students, and method of mitigating impacts on the local school system.

14. Draft Annexation Agreement. A draft annexation agreement shall be provided. The draft agreement shall comply with the technical requirements contained in Section 13.9.2 of this Article and developed under the guidance of the Town Engineer and Attorney.

15. Conceptual Development Plan. A conceptual development plan will be required if the anticipated development pattern for the annexed area conflicts with the goals and policies of the Comprehensive Plan. The Concept Development Plan shall comply with the technical criteria requirements contained in Section 13.9.3 of this Code.

16. Property tax statement. A copy of the prior year’s property tax statement for all property to be annexed shall be provided.

17. Title commitment. The applicant shall submit proof of ownership in the form of a current title commitment, issued by a title insurance company licensed by the State of Colorado, whose effective date shall be less than thirty days prior to the date of submittal of the annexation petition. Ownership must match the ownership listed in the petition. If the legal description of the area to be annexed, as shown on the annexation map, does not match the legal description of the property owned because of road rights-of-way or other reasons, the title policy, or surveyor must certify that the property owned is wholly contained within the described area on the annexation map. If the applicant is not the owner, there shall be provided, in addition to the title commitment naming the owner as the insured, a notarized affidavit by the owner stating that the applicant is authorized by the owner to make application for annexation. The applicant shall provide a word processing file of the legal description contained in the title commitment.

a. An updated title commitment may be required by Town Staff prior to recording the annexation plat.

18. Water rights and encumbrance report: The applicant shall provide a "Water Rights Report" for the property detailing the water rights appurtenant to and severed from the property to be annexed and their historical use. The report must include both surface (tributary) and subsurface (non-tributary and not non-tributary groundwater). The Town may require that the applicant provide a water rights and encumbrance report prepared by a qualified water engineer or water attorney at any point during the annexation process.

a. The applicant shall comply with all Town water policies, including but not limited to the Town’s Raw Water Ordinance.

b. All subsurface (non-tributary) water rights shall be deeded to the Town at the time of annexation.

19. Land dedication for public sites: The applicant shall comply with dedication requirements in this Code at the time of platting, such requirements to be determined per Code requirements on the date of the applicant’s application for subdivision pursuant to this Code. A land dedication may be required as part of the annexation process.

20. Annexation assessment report: Town staff may, at their discretion, require an Annexation Assessment Report, containing the information detailed in Section 13.9.4 of the Code.

21. Zoning districts and amendments shall be processed and established in accordance with Section 4.7.2 of this Code.

a. Zoning map. A zoning map shall be provided in conformance with the requirements detailed in Section 4.7.2 of the Land Use Code.

22. Relationship to other code requirements. Other processes may be required for consideration of annexations with existing or proposed development, including but not limited to Article 4 of the Land Use Code (i.e. conditional uses, special uses, site plan, subdivisions, etc.) as deemed necessary by the Town Planner.