CHAPTER 15

Annexations

Article I               Annexation Procedures

Sec. 15-1-10        Authority

Sec. 15-1-20        Annexation petition fees

Sec. 15-1-30        Concurrent zoning and annexation

Article II             Annexation Building Fees

Sec. 15-2-10        Definitions

Sec. 15-2-20        Purpose

Sec. 15-2-30        Payment of fees

Sec. 15-2-40        Use of impact fee


ARTICLE I

Annexation Procedures

Sec. 15-1-10.  Authority.

Annexation processes and procedures are governed by the Municipal Annexation Act of 1965, Section 31-12-101 et seq., C.R.S.  (Ord. 06-01A)

Sec. 15-1-20.  Annexation petition fees.

The Town shall adopt by resolution requirements regarding the fees for annexation submittals.  (Ord. 06-01A)

Sec. 15-1-30.  Concurrent zoning and annexation.

(a)    Intent.  The purpose of this section is to provide a procedure to process annexation and zoning requests so that they may be heard concurrently by the Board of Trustees.

(b)    The Planning Commission shall not review any zoning proposal for real property located outside of the boundaries of the Town until the Board of Trustees has determined that the annexation petition describing the property substantially complies with the requirements of Subsection 31-12-107(1)(a), C.R.S. 

(c)    The Board of Trustees shall then consider the annexation and zoning of property concurrently, and determine whether or not to annex and zone property seeking such approvals concurrently.  (Ord. 06-01A)

ARTICLE II

Annexation Building Fees

Sec. 15-2-10.  Definitions.

For purposes of this Article, the following words shall be defined as stated below:

Building means any structure without reference to use or occupancy for which a building permit is required and a certificate of occupancy mandated by this Code.

Building Official means the person or persons charged with the administration and enforcement of building, electrical, mechanical, plumbing and other codes as they are adopted by the Town, or such other person as the Town may authorize and designate to enforce such codes.

Building permit means that permit which is required prior to the commencement of any construction, including but not limited to dirt work, grading, digging, cement work, framing or finishing.

Floor area means the area included within the surrounding exterior walls of a building or a portion of a building, measured from the inside of all exterior walls, excluding parking garages, hallways and public stairways.  (Prior code 4-2.4)

Sec. 15-2-20.  Purpose.

The Town is experiencing growth which increases the costs to the Town of providing facilities and services necessitated by the growth.  It has been determined by the Board of Trustees that a fee upon the new construction in the newly annexed areas which are causing said increased costs is a proper method of paying for the costs.  (Prior code 4-2.1)

Sec. 15-2-30.  Payment of fees.

Any person applying for a building permit in accordance with the applicable ordinances of the Town for land which was annexed to the Town, on or after November 1, 1984, shall, as a condition of obtaining such building permit, pay to the Town an impact fee in the amount of fifty cents ($.50) per square foot of floor area, as herein defined, as the same may be determined from the plans and specifications submitted to the Building Official as part of the application for the building permit.  This fee shall only apply to new construction and shall not apply to buildings which are merely being added onto or remodeled.  Under no circumstances shall the Building Official issue a building permit until and unless the impact fee, as calculated above, has been paid in full.  (Prior code 4-2.2)

Sec. 15-2-40.  Use of impact fee.

The impact fee shall be used to help defray expenses to the Town which are caused by the influx of people and businesses to the Town.  All money shall be deposited into the General Fund of the Town.  (Prior code 4-2.3)