(a)

The process of adding property to the City is referred to as annexation. The detailed requirements for annexations are found in the Colorado Revised Statutes (specifically Section 31-12-101, et seq., C.R.S.). Since the annexation of property is a matter of state law, the provisions of Colorado law will control in cases of conflict with this Article.

(b)

The annexation process can be complex. A property owner considering an annexation petition may wish to consult an attorney familiar with municipal annexation law. While the City staff will cooperate with the landowner in the process of complying with the law, the City cannot be bound by any representations made by staff regarding the status of or requirements of this law. As a general rule and except in extraordinary circumstances, annexation petitions should be accompanied by a sketch plan application and request for zoning. (Prior code 17.02.110)

If the property which is the subject of the proposed annexation lies partially or completely within the area in which an avigation easement is required pursuant to Ordinance No. 26, Series of 1999, the developer shall be required to execute and record the appropriate avigation easement prior to final approval of the annexation. A sample copy of the avigation easements, along with a map depicting where they are required, is available for review at the Planning Department. (Prior code 17.02.135)

The City may enter into preannexation agreements which may indicate the terms and conditions for annexation of land. A type of preannexation agreement is the City of Rifle Contract to Provide Services for property outside of the City requesting utility services. Landowners may also propose preannexation agreements which will be considered by the City on a case-by-case basis. (Prior code 17.02.140)

Any owner of property who requests municipal services within the Rifle Institutional Control Boundary, as shown on the Rifle Institutional Control Boundary Map, and outside the City limits, shall enter into a preannexation agreement with the City, which agreement shall prohibit the property from utilizing groundwater for potable purposes and require connection to the municipal water supply. Any owner of property within the Rifle Institutional Control Boundary who enters into a preannexation agreement will be eligible to receive water service from the City when available. (Prior code 17.02.145)

In addition to meeting the requirements of Section 31-12-107, C.R.S., concerning the contents of petitions for annexation, the petitioners shall also submit with such petition a preliminary report assessing any potential radiation hazards on the property proposed to be annexed to the City. The report shall be prepared and certified by a professional engineer or similarly qualified individual. The purpose of this requirement is to allow the City to evaluate the nature and extent of any potential radiation hazards on the property proposed to be annexed. The City Clerk shall refer the report to the City Council, along with the petition. Until such report is received, the City Council shall not take any steps to determine if the petition for annexation or annexation election is in substantial compliance with the applicable provisions of the Municipal Annexation Act of 1965, as provided in Sections 31-12-107(1)(f) and 31-12-107(2)(d), C.R.S. (Prior code 17.02.155)

(a)

Each petition for annexation must be accompanied by a fee intended to reimburse the City for the costs associated with the review of the annexation. The review fee is based on the actual cost of reviewing the petition for annexation. The minimum review fee is set forth in Appendix A to this Code. The petitioner will be required to pay the actual City review costs. All costs related to recording the annexation documents and/or the preparation of an annexation impact report shall also be paid by the petitioner.

(b)

In addition to the review fees, additional fees are charged for land dedication and water rights acquisition fees (or water dedications, if applicable). Some of the fees may be deferred pending the zoning and development of the annexed property. The City Council will make the final determination on required fees. (Prior code 17.02.160; Ord. 4 §1, 2005)

Prior to the City's execution and recordation of an annexation plat, the applicant shall submit to the GIS Department for review and approval an electronic copy of the Annexation Boundary Drawing. The drawing shall be directly tied to the current City's GIS coordinate system, which has been established in UTM Zone 13. The files may be submitted via e-mail, 3½" floppy diskette, FTP or ZIP disk. The file must be submitted in one (1) of the following formats: compatible CAD drawing (DWG or DXF), compatible shape file or compatible ESRI file format (e00 or PC ArcInfo coverage). (Prior code 17.02.165)

(a)

The City may conduct zoning and subdivision reviews for the area proposed to be annexed after the City Council adopts a resolution finding the petition for annexation (or annexation election) to be in substantial compliance with state statutes and that the area is eligible for annexation. The City shall not pass on second reading any ordinance approving a request for zoning and/or subdivision until the City Council adopts on second reading an ordinance annexing the property into the City.

(b)

The property owner may request that the annexed property be placed in a specific zone district or the City may initiate a zoning action as part of the annexation process. In either case, the zoning of the property will be referred to the Planning Commission for review. The Planning Commission will make a zoning recommendation to the City Council. The City Council will make the final decision on zoning at a public hearing convened for the express purpose of zoning the annexing or newly annexed property. No zoning action however, can become effective prior to the effective date of annexation.

(c)

The zoning review may occur concurrently as outlined above or may take place after the property is annexed. In any event, the property must be zoned within ninety (90) days from the effective date of annexation. (Prior code 17.02.220)