The purpose of this article is to establish a procedure to bring land under the jurisdiction of the Town in compliance with the Colorado Municipal Annexation Act of 1965 (hereafter referred to as "Act"), as amended. This article, in part, provides supplemental requirements for annexation pursuant to the Act and is not to be construed as altering, modifying, eliminating or replacing any requirement set forth in that Act or any requirements set forth in other portions of this Code. In the event of a conflict between the Act, the provisions of this article or any requirements set forth in other portions of this Code, it is the expressed intent of the Town Council that the more stringent provision shall control.

(Ord. 2021-08 §2)

It shall be the general policy of the Town, with respect to annexations, the annexation application and the consideration of annexation petitions, that:

(1)

Annexation is a discretionary act. Unless otherwise required by Colorado Statute, the Town Council shall have sole discretion in whether to annex property into the Town.

(2)

The land to be annexed and the uses proposed for the land shall conform to the goals, policies and strategies of the Comprehensive Plan and to the land uses depicted on the Future Land Use Map, as amended.

(3)

Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the Town in order for the public needs to be served by such facilities. These facilities may include but are not limited to streets, bridges, public parks and recreation areas, water and sanitary sewer facilities, school sites, fire and police station sites and storm drainage facilities. The annexation of lands to the Town shall be shown not to create any additional cost or burden on the then-existing residents of the Town to provide such public facilities in any newly annexed area.

(4)

The petitioner for annexation shall be responsible for paying application fees and the Town's full cost for processing the annexation applications and petition; from initial discussion with Town Staff before submittal of the petition, through the approval and recording of the final annexation documents.

(5)

Annexed areas will not divide tracts of land to prevent further annexation of adjoining parcels (for example, leaving a "gap" or a "strip" of land between property to be annexed and the adjoining property.)

(6)

To the extent allowed by law or possessed by landowner, all subsurface (non-tributary) water rights shall be deeded to the Town at the time of annexation.

(Ord. 2021-08 §2)

(a)

Annexation applications shall be processed and considered as follows:

(1)

Annexation pre-application conference. The application process beings with a pre-application conference with the Town Planner to determine the feasibility of the annexation request. Following this meeting, the applicant may submit a letter of intent requesting the annexation, the annexation application and petition as described in this section, the completed annexation application form, maps and supporting documents as determined at the pre-application conference. The Town Planner shall provide all applicants with a checklist identifying the form and number of copies for each submittal.

(2)

Annexation application. An annexation application is necessary for the Town to evaluate the impacts on the Town of annexing the property identified in the application and to negotiate an annexation agreement.

(3)

Town evaluation of annexation application. Town Staff shall analyze the feasibility of annexing the proposed property, including but not limited to the ability to serve with streets, water, sanitary sewer, storm sewer, parks and recreation, schools and police and fire protection; compliance with the Comprehensive Plan; sources of revenue from the property; the Town's costs to serve the proposed development and other related matters.

(b)

Annexation petitions shall be processed and considered as follows:

(1)

Annexation petition certification and completion. The petition for annexation and all other documents submitted shall be reviewed by Town Staff for completeness and compliance with the provisions of the Act and this Code. The applicant shall be notified within five (5) working days of any deficiencies or inadequacies in the materials submitted. An incomplete submission shall not be processed nor referred to the Town Council for a determination of substantial compliance.

(2)

Annexation petition referral to Town Council. Upon the Town Staff's determination that the petition and supporting documentation are complete and in compliance with provisions of the Act and this Code, the Town Staff shall refer the petition to the Town Council.

(3)

Town Council determination of substantial compliance. The Town Council shall take the appropriate steps to determine if the petition is in substantial compliance with the Act.

a.

If the petition is found to be in substantial compliance with the Act, the Town Council may, by the adoption of a resolution of substantial compliance, set the annexation and zoning for public hearing on a specified date, time and place, not less than thirty (30) days nor more than sixty (60) days from the effective date of the resolution, subject to compliance with Section 31-12-108, CRS.

b.

If the petition is found not to comply with the Act, no further action shall be taken, except that the determination shall be made by resolution of the Town Council.

c.

If the Town Council, at its sole discretion, finds that the annexation is not in the best interest of the Town, it may deny the petition by resolution.

(4)

Annexation impact report. An annexation impact report conforming to Section 31-12-108.5, CRS, is required for areas of ten (10) or more acres and will be completed by Town Staff.

(5)

Planning Commission review and recommendations.

a.

The Planning Commission shall review, as a public hearing, the annexation application at a regular or special meeting to be held prior to the date of the public hearing before the Town Council. The Planning Commission will make a recommendation by motion to the Town Council regarding the overall annexation of the property to the Town. The Planning Commission motion may be to recommend approval, approval with conditions or denial of the annexation.

b.

At this same hearing, the Planning Commission may review the requested zoning of the property. Notice of the Planning Commission review of zoning shall be given in accordance with the requirements for an amendment to the zoning map. The Planning Commission shall recommend to the Town Council approval with or without conditions or recommend denial of the requested zoning.

(6)

Town Council public hearing and action on the annexation.

a.

The Town Council shall hold the public hearing on the petition for annexation (and zoning, if requested in conjunction with the annexation). The petitioners shall present evidence in support of the petition and zoning, if applicable. The Town Staff shall testify as to the elements required by statute to be present for annexation and any comments received from governmental entities affected by the annexation. Any person may appear at the hearing and present evidence on any matter related to the annexation petition as determined by the Town Council. The Town Council may continue the hearing to another date without additional notice as provided by applicable law. At the conclusion of the public hearing, the Town Council shall adopt a resolution containing the findings of fact and conclusions, including:

1.

Whether the requirements of Sections 31-12-104 and 31-12-105, CRS and this section have been met.

2.

Whether additional terms and conditions are to be imposed.

3.

Whether an election is required, either as a result of a petition for election or the imposition of additional terms and conditions.

b.

If the Town Council finds that the area proposed for annexation does not comply with the requirements of Sections 31-12-104 and 31-12-105CRS, the annexation proceeding will be terminated.

c.

If the Town Council finds the following, then the Town Council may annex the land by ordinance without election and approve any annexation agreement. The zoning of the property, if requested with annexation, shall be approved by separate ordinance:

1.

The annexation complies with the requirements of Sections 31-12-104 and 31-12-105, CRS and the provisions of section 30 of Article II of the Colorado Constitution."

2.

An election is not required under Section 31-12-107(2), CRS or Section 30(1)(a) of article II of the Colorado Constitution.

3.

No additional terms and conditions are to be imposed.

(Ord. 2021-08 §2)

An annexation application is necessary for the Town to evaluate the impacts on the Town of annexing the property identified in the application and negotiating an annexation agreement. The annexation application shall include the following information:

(1)

Letter of intent. The applicant shall provide a letter of intent addressed to the Town Council to serve as a cover letter to the formal petition, introducing the applicant to the Town Council, requesting annexation of the petitioner's property and describing the development Plans for the property if it is annexed.

(2)

Land use application form. The Town's land use application form shall be completed, signed and dated. The applicant shall provide application fee and deposit as provided by the adopted fee schedule at the time of the project submittal.

(3)

Annexation petition. The applicant shall submit a petition for annexation that complies with the requirements of Section 31-12-107, CRS. The Town will provide the applicant with the standard form of this petition. One (1) original and one (1) electronic copy of the annexation petition shall be submitted to the Town.

(4)

Cost reimbursement agreement for payment of development review expenses. The application shall be accompanied by a signed standard agreement for the payment of development review expenses incurred by the Town and the appropriate deposit of funds.

(5)

Annexation map. Paper copies of the annexation map at twenty-four (24) by thirty-six (36) inches and reductions sized at eleven (11) by seventeen (17) inches are to be provided with the initial submittal. The annexation maps shall comply with the technical drawing requirements contained in Section 16.2.80 of this article. The map shall be accompanied by a written legal description of the property, including an electronic version in Word format. The Town Planner shall determine the number of copies needed.

(6)

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, whose effective date shall be less than thirty (30) 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, then the title policy 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 is to provide a word processing file of the legal description contained in the title commitment.

(7)

Property tax statement. The applicant shall provide a copy of the prior year's property tax statement and paid receipt for all property to be annexed.

(8)

Mailing labels for Weld County, special districts, school districts, irrigation companies, mineral interest owners and adjacent property owners. The applicant is to provide mailing address labels and the appropriate number of stamped envelopes as required by this Code.

(9)

Zoning of property to be annexed. If zoning is requested simultaneously with annexation, the petitioner must submit a completed zoning application form, including a zoning map, for the property. If zoning is approved, the applicant must amend the official zoning map and pay all application, mapping and recording fees. If zoning is not requested simultaneously with annexation, the property is required by statute to be brought under compliance with this Code and the zoning map within ninety (90) days of the completion of the annexation process.

(10)

Annexation assessment report. The application is to be accompanied by a narrative report assessing the effect of the proposed annexation upon the community and existing service and facilities. It shall detail the need for any expansion of those services and facilities to accommodate the development proposed for the property being annexed. The narratives shall be one (1) or more paragraphs in length and shall be adequate to fully explain the needs, concepts and proposed solutions for each of the following:

a.

The economic impact to the municipality of the proposed annexation.

b.

The impact on schools, including an estimate of the number of students to be generated by development of the property.

c.

The anticipated sources of water, sanitary sewer and other utilities to be used to serve the property and the impact on the water and sanitary sewer systems anticipated to serve the property.

d.

The impact on the existing transportation system.

e.

The compatibility of the proposed development with the Comprehensive Plan and any Plan amendments that may be necessary for the proposed development.

f.

A review of existing and adjacent land uses, areas of compatibility or conflict and possible mitigation measures that may be required for the proposed development.

(Ord. 2021-08 §2)

(a)

After final passage of the annexation ordinance, the applicant shall file with the Town final versions of all applicable documents, including one (1) Mylar and one (1) paper copy of the annexation maps. Applicant will submit digital copies of all files.

(b)

In the event that zoning was requested with the annexation, zoning shall be granted by ordinance, and the official zoning map shall be amended accordingly. In the event that zoning was not requested with annexation, the Town shall bring the area annexed under the zoning ordinance and map within ninety (90) days after the effective date of the annexation ordinance in the manner provided by this Code.

(Ord. 2021-08 §2)

(a)

Notice of the public hearing for annexation set by the resolution of substantial compliance shall be published and given to the county and to any special district or school district having territory within the area to be annexed in accordance with State law.

(b)

A copy of the published notice, together with the letter of intent provided with the application and the annexation maps, shall be sent by the Town by U.S. mail to the owners of real property within one thousand (1,000) feet of the boundaries of the proposed annexation, irrigation ditch companies whose rights-of-way traverse the property to be annexed and to the mineral estate owners and their lessees of the property to be annexed, as outlined in Section 16.1.160 of this Code. Notice provided by the Town to the owners of the mineral estate and their lessees shall not relieve the petitioners of the responsibility to provide notice as required by Section 24-65.5-101, et seq., CRS. In the case of a "flagpole" annexation, the Town shall also provide notice to abutting property owners as specified in Section 31-12-105, CRS.

(c)

Petitioner's responsibilities—mailing labels, notice to mineral estate owners and lessees. Upon notice of complete application by Town Staff:

(1)

The petitioner shall provide the Town with a set of standard mailing labels (matching Avery 8160) for the owners of real property within one thousand (1,000) feet of the property to be annexed, the mineral interest owners and lessees for the property to be annexed, the irrigation ditch companies whose rights-of-way traverse the property to be annexed and the special districts encompassing the property to be annexed. The petitioner shall also certify that the required address list of owners of real property is complete. The petitioner will provide adequate envelopes and postage for all of the referenced mailings with submittal package.

(2)

The petitioner shall provide a set of standard mailing labels (matching Avery 8160) for all special districts encompassing the property to be annexed, the Board of County Commissioners and the county attorney, special districts and school districts with territory within the property to be annexed, and referral agencies of the Town, as directed by the Town. The petitioner shall also provide a sufficient number of labels to mail notice to the owners of real property and mineral interest owners and lessees identified in the mailing list.

(3)

The petitioner shall be responsible for providing notice of each public hearing (Planning Commission and/or Town Council) to the owners of the mineral estate on the property to be annexed and to their lessees, as required by Section 24-65.5-101, et seq., CRS. The petitioner shall certify to the Town Clerk the petitioner's conformance with this notice requirement, not less than fifteen (15) days prior to the date of the public hearings.

(Ord. 2021-08 §2)

Should special circumstances warrant with historical use or special future use of the property, an annexation agreement can be requested either by the petitioner, Town Staff or an appointed or elected official of the Town. Should applicants wish to create an annexation agreement, they must contact the Town Attorney.

(Ord. 2021-08 §2)

The annexation map shall be prepared by or under the supervision of a registered professional land surveyor licensed with the State. The annexation map shall conform to the following drafting standards and shall contain the following information. It shall be a neat, clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn maps shall be rejected.

(1)

The annexation map shall be an original drawing on twenty-four (24) inch by thirty-six (36) inch flat, spliceless, tapeless and creaseless sheets of double matte Mylar film with a uniform thickness of not less than three one-thousandths (0.003) of an inch, using only mobiledblack ink that will adhere to drafting films or an acceptable "fix-line" photographic reproduction (emulsion down) or a computer-generated reproduction of the original drawing. A margin line shall be drawn completely around each sheet, leaving a margin at least one-half (½) inch on three (3) sides and a margin at least two (2) inches on the left (short) side, entirely blank. Unless otherwise specified, text and numbers are to be large enough to be clearly legible at the scale drawn.

(2)

The annexation map shall be drafted at a scale that best conveys the detailed survey and confines the drafting error to less than one percent (1%). Acceptable scales are 1" = 50' or 1" = 100'. For annexations exceeding one hundred (100) acres, an acceptable scale is 1" = 200'. In special instances, a different scale may be used if approved by the Town. When an annexation requires multiple sheets, an index shall be provided that delineates the boundaries and identifies each sheet number. The scale of a composite map may be different from the individual sheets, as approved by the Town. A "title sheet" containing the certifications and signature blocks shall be provided in the event that the annexation map sheet is too crowded.

(3)

The title shall be centered at the top of the sheet, along the long dimension of each sheet and shall include the name of the proposed annexation. A general legal description stating the section, Township, range, ___th P.M., Town of Severance, Weld County, Colorado, shall be included under the name. The total acreage shall be included on the title sheet (Sheet #1) under the general legal description annexation names may not duplicate existing annexation names.

Example:

NEW ANNEXATION

TO THE TOWN OF SEVERANCE, COLORADO

A part of the xx of Section xx Township ___ North,
Range ___ West, ___th P.M., Town of Severance,
Weld County, Colorado
xx.xx Acres

(4)

There shall be a title block in the lower right-hand corner or along the right-hand margin that contains the name, address and telephone number of the land owner, the developer and the engineer or surveyor preparing the drawing, an appropriate title for the drawing, the preparation date, sheet number, the preparer's project identification numbers, revision dates, draftsman's initials and the electronic drawing file name (matching the AutoCAD ^TM drawing file provided to the Town).

(5)

Adjacent to the title block in the lower right-hand corner, there shall be a legend block that includes a description of lines, points and symbols, a double-headed north arrow designated as true north and a written and graphic scale.

(6)

Adjacent to the right margin or in a column to the right of the center of the title page if the page is crowded, there shall be the Town's standard statement of ownership containing a written metes and bounds legal description of the land to be annexed (including the full width of abutting roadways not already within the Town), followed by the owner's signature blocks and notary blocks, one (1) for each owner or mortgagee.

(7)

Immediately following the ownership certificate, there shall be the Town's standard surveyor's certificate, signed, dated and sealed by a licensed surveyor or engineer.

(8)

Immediately following the surveyor's certificate, there shall be the Town's standard certificate block for the Town Council.

(9)

Immediately following the Town Council' approval certificate, there shall be the Town's standard recording certificate block for the County Clerk and Recorder.

(10)

A vicinity map that depicts the area to be annexed and the area that surrounds the proposed annexation within a two (2) mile radius superimposed on a current United States Geological Survey (USGS) topographical map and maintaining the same scale shall be placed on the left side of the annexation map, outside the boundary of the area being annexed or on the left side of the title sheet.

(11)

The annexation map drawing shall:

a.

Show the outline of area to be annexed with boldest line.

b.

Show book, page, map number, etc. for all references and place where publicly recorded.

c.

Show all recorded and apparent right-of-way lines of roads, both within and without the periphery of land to be annexed; these roads are those that are adjacent, adjoining, contiguous and/or coincident with boundary. Also provide all road names, right-of-way widths at each leg of an intersection, at the point of curve and point of tangent, at dead ends and angle points, and right-of-way lines with accurate bearings and dimensions, including chord length and bearings, central angles and radii of all curves. Whenever the centerline of a road has been established or recorded, the date and recording information shall be shown on the annexation map.

d.

Show on the annexation map, next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town and the contiguous boundary of any other municipality abutting the area proposed to be annexed. A hatched boundary line shall be used to depict the boundary contiguous to the Town (example: ////////).

e.

Show section, quarter section and other monument corners. Display ties to section corners and to the state grid, if available, that show dimensions of all primary boundary survey control points with complete monument and location descriptions, all parcel lines showing dimensions with lengths, bearings and curve data, including chord lengths and bearings, basis of bearings and relation to true meridian and similar data. Only circular curves shall be used. No spirals, parabolas, etc., shall be used. All dimensions are to be shown to the nearest one one-hundredth (0.01) of a foot or, in the case of degrees, to the nearest second. An accuracy of 1:50,000 (second order) minimum for linear and angular (bearing) closure shall be required for the boundary. All internal lots, tracts or parcels shall have a closure accuracy of one one-hundredth (0.01) of a foot.

f.

Provide a description of all monuments, both found and set, that mark the boundaries of the property and all control monuments used in conducting the survey.

g.

Show the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and plat numbers of plots or lots and blocks.

h.

Show the names and locations of all abutting subdivisions. The locations of all abutting unplatted parcels and public lands shall be depicted and designated as such.

i.

Designate the ownership identity of all mineral rights.

j.

Show the purpose, widths, location (with fine dashed lines) and ownership of all easements and all abutting easements, including but not limited to utility, oil and gas gathering and transmission lines, and irrigation ditches (fee or prescriptive). If any easement already of record cannot be definitely located, a statement of its existence, the nature thereof and its recorded reference must appear on the title sheet. The widths of all easements and sufficient data to definitively locate the same with respect to the parcel to be annexed must be shown. All easements must be clearly labeled and identified. If an easement shown on the annexation map is of record, its recorded reference must be given.

k.

Depict all lines, names and descriptions on the annexation map that do not constitute a part of the annexation in dashed or screened lines. Any area enclosed by the annexation but not a part thereof shall be labeled "Not a Part of This Annexation."

l.

Accurately locate one hundred-year (100-year) floodplains, all existing watercourses, streams, lakes or inlets on the affected property.

m.

Show clearly the length and bearing of all lines described in the written description.

n.

Show section numbers, quarter section quadrants, Township and range lines, and label each.

o.

Show all lines, calls, arcs, etc. described in written description.

p.

Circle or place an ellipse around each location where a detail drawing will be provided. and provide designation for each detail, such as "See Detail A."

q.

Show "Point of Beginning" in bold letters with an arrow.

r.

Show "True Point of Beginning" with bold letters and arrow, when appropriate.

s.

Indicate with a map note the total perimeter of the annexation boundary, the contiguous length to the existing Town boundary and the length representing one-sixth (⅙) of the total annexation boundary perimeter.

(12)

An AutoCAD ^TM drawing file (release 2010 or higher) of the annexation maps and title sheets; all fonts used shall be provided electronically. If multiple maps are used, one (1) drawing file must combine all the parts into one (1) map showing the entire annexation. AutoCAD ^TM drawing files of each revision to the annexation map shall be provided at the time the revision is submitted to the Town.

(13)

A word processing file of the legal description for the annexation and all submittal narratives shall be provided electronically as a Word document.

(Ord. 2021-08 §2)

When the Town Council conducts a hearing on an annexation petition, as contemplated by the Colorado Statutes, the Town Council shall determine whether the annexation petition complies with the Municipal Annexation Act of 1965 and all provisions pertaining to annexation contemplated by this Land Use Code.

(Ord. 2021-08 §2)