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   3.1.10   Owner-Initiated Annexation Petitions
      (A)   Where the owner or developer of a property wishes the Town to annex the property into the Town's corporate boundaries as well as to approve proposed development on the property, then an owner-initiated annexation petition must be processed and considered by the Town Council. The petition shall be accompanied either by a rezoning application consistent with Sections 3.4 and 4.1.3 of this Ordinance or a development plan for the property.
         (1)   All owner-initiated annexation petitions shall be submitted and reviewed in accordance with the Town's policy statements on owner-initiated annexation petitions and annexation policy, as may be amended from time to time by the Town Council. The Town Council has discretion as to whether it annexes the property. The owner-initiated annexation petition shall include all the property that is subject to the rezoning or development plan.
         (2)   For properties located within the Town's extraterritorial jurisdiction, if a rezoning application is submitted with the annexation petition, the rezoning and annexation shall be processed and approved simultaneously. For properties located outside the Town's extraterritorial jurisdiction, the annexation petition must be approved prior to the rezoning application.
         (3)   If a development plan is submitted with the annexation petition, the decision-making body responsible for approving the development plan may not approve the plan until the annexation has been approved.
      (B)   All proposals to connect to the Town's water and/or sanitary sewer system shall be required to submit a petition for annexation into the Town's corporate boundaries at the time an application for rezoning or development plan approval is filed with the Town.
      (C)   Any development plan seeking to create a use that is considered to be urban development, and is inside the Town's extraterritorial jurisdiction, shall be required to submit an annexation petition regardless of whether or not connection to Town's water and/or sanitary sewer system is necessary.