§ 10.1. ANNEXATION

10.1.1.   General

(A)

Authority. The BoCC is authorized to review and comment on annexations pursuant to C.R.S. §§ 31-12-108 and 108.5.

(B)

Purpose. To establish the process by which the County will review and comment upon the impacts of municipal annexation activities.

(C)

Applicability. The requirement to submit an annexation impact report is adopted pursuant to C.R.S. § 31-12-108.5. The report is not required for annexations of ten acres or less, or where the BoCC has agreed that the report may be waived.

(D)

Intergovernmental Agreements Allowed. Nothing within this Chapter shall prohibit the BoCC from entering into an intergovernmental agreement with a municipality to accomplish the intent and purpose of this Chapter, and which can serve to modify the requirements as included within this Chapter.

10.1.2.   Notice

(A)

Notice To County. A copy of the published notice of the annexation hearing before the municipality, together with a copy of the resolution and petition as filed, shall be sent by registered mail by the Clerk of the annexing municipality to the Clerk to the BoCC and to the OCA at least 25 days prior to the scheduled annexation hearing.

(B)

Notice To Adjoining Owners. There is no public notice requirement for adjoining or impacted landowners whether the annexation impact report is submitted, or a waiver is requested.

10.1.3.   Annexation Impact Report Waiver

(A)

Submission of Waiver Request. Prior to or concurrent with the notice to the County, the annexing municipality may request in writing that the submittal of an annexation impact report to the BoCC be waived. The request to waive the annexation impact report shall be accompanied by the municipality's rationale as to why the report should be waived. Upon receipt of such waiver request, the Clerk to the BoCC shall schedule the waiver request for the BoCC's consideration as soon as practical in coordination with the PCD.

(B)

BoCC Action on Waiver Request. The BoCC, following receipt of a request to waive the filing of an annexation impact report, shall determine whether or not a waiver should be granted. Upon a determination by the BoCC that the annexation impact report should be waived, the Clerk to the BoCC shall notify the municipality proposing the annexation of the BoCC's determination. If the BoCC determines that the annexation impact report shall be required, the Clerk to the BoCC shall immediately notify the annexing municipality that the report shall be submitted.

10.1.4.   Annexation Impact Report

(A)

Submittal. Eighteen copies of the annexation impact report together with 5 copies of the municipality's plan for the area as required in C.R.S. § 31-12-105(1)(e)(I), shall be filed with the PCD as the designated representative of the BoCC at least 20 days prior to the annexation hearing. The 5 copies of the municipality's plan for the area may be waived if the plan is part of a larger plan developed by the municipality and such plan has been previously submitted to and reviewed by the County.

(B)

Annexation Impact Report Requirements. The annexation impact report, if required to be submitted, shall include the following information, at a minimum:

• A map or maps of the municipality and the adjacent territory showing present and proposed boundaries of the municipality in the vicinity of the proposed annexation, the present streets, water mains, sewer interceptors and outfalls, and other utility lines and ditches in the vicinity of the proposed annexation and the existing and proposed land use patterns in the areas to be annexed.

• A copy of any draft or final pre-annexation agreement, if available.

• A statement setting forth the plans of the municipality for extending to or otherwise providing for municipal services.

• A statement setting forth a method under which the municipality plans to finance the extension of municipal services.

• A statement identifying existing districts within the area to be annexed.

• A statement regarding the effect of the annexation upon local public school district systems, including the estimated number of students generated and the capital construction required to educate such students.

10.1.5.   Application Fee

The annexation impact report or waiver of annexation impact report is subject to the application fees included within the fee resolution, unless waived by the BoCC.

10.1.6.   Annexation Impact Report Distribution

The County has no responsibility to distribute copies of the annexation impact report to any other entity; however, the County, through its review process, will attempt to solicit comments from other interested parties. To this end, the PCD will distribute copies of the annexation impact report to the following entities unless such entity has been provided a copy of the annexation impact report by the municipality or the applicant:

• EPCDPW

• EPCDHE

• EPCCSD

• OCA

• County Finance Department

• Each special district currently providing services within the area to be annexed

• Each school district serving the area

• Each member of the BoCC

The entities receiving copies of the annexation impact report may provide written comments to the BoCC. Upon receipt of the annexation impact reports, the PCD shall schedule a report to the BoCC at a regularly scheduled meeting prior to the scheduled annexation hearing.

10.1.7.   Standards for Review of Annexation Impact Reports

The BoCC shall evaluate the annexation impact report for the following:

• Has the municipality made adequate provisions for the requisite level of utility services to the area?

• Has the municipality made adequate provisions for the requisite level of police and fire protection?

• Will the proposed annexation encourage growth patterns which are inconsistent with the Master Plan either in terms of the type of land use or the timing of such growth?

• Will the proposed annexation create unreasonable roadway maintenance/drainage problems?

• Will the proposed annexation have unreasonable detrimental impacts upon land adjoining the area proposed to be annexed in terms of land use compatibility, timing of growth or other development related concerns?

• Will the annexation create County enclaves within the municipality which have little or no possibility of future annexation by the municipality?

• Will the annexation remove land from an existing special district to the extent that the provision of service by the special district to the balance of the special district is no longer financially feasible?

10.1.8.   BoCC Action on Annexation Impact Report

The PCD will present its findings to the BoCC at a regularly scheduled public meeting. The PCD's findings will include the written comments from those entities which responded to the referral of the annexation impact report. The BoCC may forward written comments to the annexing municipality, time permitting, or designate an authorized representative to present the BoCC's comments at the annexation hearing.