(a)

Generally. The standard development approval procedures of this division apply to all applications for approvals or permits that are set out in div. 8-2, permits and approvals.

(b)

Process. The approval procedures set out in section 21-8-503 to section 21-8-512, inclusive, are undertaken in sequence until an application is considered and decided by the designated decision-maker for the type of application at issue. Table 21-8-501(b)(1), Standardized Procedures, lists the approval steps that are required, based on the decision-maker. Figure 21-8-501(b)(2), Standardized Procedures, illustrates the flow of application processing.

(c)

Special review types. The communications uses that are listed in Table 21-37(a), Utility and Communications Land Use Table, are subject to the standardized review procedures, as modified by section 21-8-521, special procedures for wireless telecommunications facilities.

FIGURE 21-8-501(b)(2)
STANDARDIZED PROCEDURES

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. It is the policy and practice of the city to decide applications only on the merits presented in the application, on-record public comments, and at public hearings (if public hearings are required). Therefore, ex parte communications are not allowed.

(b)

Timing. The prohibition on ex parte communications begins on the date of application and ends when the appeal period for an issued development order has expired.

(c)

Inadvertent communications.

(1)

It is not always possible to prevent ex parte communications. Elected and appointed officials who hear applications required by this UDC shall not privately discuss the merits of a pending application or appeal.

(2)

If a communication is received outside of the record (e.g., it is not in the application, agency comments, or public comments, nor was it presented at a noticed public hearing), then the official shall disclose the communication, including the speaker and the substance of the communication, on the record of the public hearing before the application is heard.

(3)

The decision-maker or recommending body must base its decision only on the evidence presented on the record. The contents of the ex parte communication shall not be considered part of the record for decision-making unless the information in the communication is also presented at the hearing (other than through the required disclosure).

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. A pre-application meeting is an opportunity for the potential applicant to meet with city staff before filing an application, in order to:

(1)

Identify the applicable review procedures and likely timelines;

(2)

Review preliminary materials and identify potential issues and related information requirements; and

(3)

Identify what fees will be due, including whether an escrow payment will be required for professional consultant review.

(b)

When required. A pre-application meeting is required for all application types, except permits for signs, home occupations, and cottage industries. Informal meetings may be scheduled prior to a pre-application meeting, at the discretion of the administrator.

(c)

Meeting logistics.

(1)

The administrator is authorized, but not required, to establish a regular schedule for pre-application meetings.

(2)

Pre-application meetings may be conducted in person, by telephone, or by internet-based communication tools, as may be agreed between the potential applicant and the administrator.

(d)

Meeting materials. The potential applicant shall bring to (or submit prior to) the pre-application meeting sufficient supporting materials to explain, as applicable to the type of application to be submitted:

(1)

For all applications:

a.

The location of the project;

b.

The proposed uses (in general terms);

c.

The relationship of the proposal to existing development; and

d.

Any other conditions or items that the potential applicant believes are relevant to the processing of the application.

(2)

For applications that involve new construction:

a.

The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities (including water quality and stormwater detention facilities);

b.

The general locations and extent of natural or man-made hazards, irrigation ditches, open water, floodplains, and floodways on and adjacent to the subject property; and

c.

For subdivisions, the proposed general lot layout.

(3)

For applications that involve renovation, rehabilitation, or re-use of existing buildings:

a.

A brief history of the building; and

b.

The number of square feet of floor area affected by the application.

(4)

The administrator may request that the applicant bring completed application forms (in draft form) for the types of permits being sought.

(e)

Summary. Upon request by the potential applicant, within twenty-one (21) calendar days of the pre-application meeting, the administrator shall deliver to the applicant:

(1)

A checklist of submittal materials that will be necessary for the type(s) of application(s) sought; and

(2)

A copy of the city's application fee schedule.

(f)

Courtesy presentations. At the pre-application meeting, a potential applicant may request an opportunity to make a courtesy presentation of a proposed development concept or conceptual subdivision map in a design charrette process. Attendees may include appropriate staff, referral agencies, design professionals, and other persons identified by the administrator or the potential applicant.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Every application for development approval required by this UDC shall be submitted on a form approved by the administrator, along with the corresponding application fee (fees are established by resolution of the city council). Unless waived by the administrator, all applications shall include electronic versions of all attachments in a format approved by the administrator.

(b)

Forms.

(1)

The administrator shall promulgate and periodically revise, as necessary, forms for each type of application required by this UDC. Minimum application requirements and provisions for waiving application requirements may be provided in an appendix to this UDC.

(2)

Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the Administrator, and have the purpose of facilitating:

a.

The evaluation of applications for compliance with the standards of this UDC; and

b.

The administration of this UDC.

(3)

The administrator is authorized to establish a standardized format for each type of required submittal, and to allow deviations from the format in instances where the administrator finds that an alternative format would provide for more efficient review.

(c)

Schedule. The administrator is authorized, but not required, to establish regular intake days or times for any or all classifications of applications for development approval, except sign permits and administrative appeals.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Fees shall be charged to offset the cost of application processing (including any application for amendments of existing approvals), reviews, public notices, hearings, document recording, and recordkeeping. Application fees to be charged by the city shall be established, from time to time, by resolution adopted by the city council.

(b)

Recording fees. Recording fees assessed by the Alamosa County Clerk and Recorder's Office shall be paid by the city at the time of any required recording.

(c)

Referral agency fees. The applicant may be required to pay any fees assessed by referral agencies in advance of their review and comment. Failure to obtain comments from referral agencies due to failure to pay review fees may result in delay or denial of an application.

(d)

Escrow for consultant review.

(1)

Consultant review authorized.

a.

The administrator is authorized to retain professional consultants at the applicant's expense to assist in the review of proposed development.

b.

The administrator may make an initial determination as to the use of consultants at the time of the pre-application meeting, and may revise the determination at the time of application if new or changed information in the application materials justifies the revision.

(2)

Initial escrow payment.

a.

If the administrator determines that an application will require review by professional consultants, then the applicant shall execute an escrow agreement in a form approved by the city attorney, and make an initial escrow payment in an amount sufficient to cover the estimated review costs.

b.

The administrator shall provide the applicant with a preliminary estimate of professional consultant review fees at a time established during the pre-application meeting by agreement with the applicant. Alternatively, the administrator may advise the applicant regarding the amount of a fixed-fee that has been established in advance for the type of application presented.

(3)

Use of escrow payment. The city may draw upon the escrow to pay the fees and expenses of professional consultants retained by the City to review the application.

(4)

Additional escrow funds. The administrator may require additional escrow funds to be paid for additional services related to the application, should they become necessary. If a balance is due at the time an application is approved, it shall be paid by the applicant as a condition of approval.

(5)

Return of escrow funds. Escrow funds shall be returned to the applicant as follows:

a.

If the administrator decides not to use consultants, then escrow funds shall be returned to the applicant within thirty (30) days of the decision.

b.

If the applicant withdraws the application, then the administrator shall notify the consultants to stop work within twenty-four (24) hours of the withdrawal. The administrator shall then return the escrow to the applicant, less the amount required to pay the consultant for work actually performed.

c.

When the application is decided, any positive escrow balance shall be returned to the applicant within sixty (60) days.

(6)

Account reports. Applicants shall be provided with a monthly accounting of the use of escrow funds.

(7)

Fixed-fee consultant review. The administrator is authorized to establish:

a.

A roster of consultants that are pre-qualified to conduct reviews of various types; and

b.

For routine application types with predictable review fees, a schedule of fixed-fees for consultant review.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 12-2021, § 7, 8-18-21)

(a)

Generally. The administrator shall review all submitted applications for completeness. A complete application includes all of the materials required on the application forms, materials requested at the pre-application conference, any required professional certifications, and all fees and escrows that are required for application processing.

(b)

Schedule. Generally, all applications shall be reviewed for completeness within seven (7) calendar days after an application is submitted.

(c)

Incomplete applications.

(1)

Incomplete applications shall be returned to the applicant, along with any fee included with the application, with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.

(2)

An application that does not include the applicable processing fee shall not be considered complete.

(3)

Incomplete applications are not considered filed.

(d)

Complete applications. Complete applications shall be processed according to the applicable procedures of this article.

(e)

Waiver of application information requirements. The administrator may waive any of the information requirements of a particular application type if it is obvious to the administrator that they do not relate to the processing of the application for which the waiver is requested. The administrator may not waive application fees.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. All applications shall be technically sufficient for review, meaning that:

(1)

The application materials are internally consistent and are presented as required by this UDC and the applicable application forms.

(2)

Materials are prepared by qualified professionals (where such qualifications are required), and signatures and certifications are present, if required.

(3)

The application materials are technically sufficient (e.g., legal descriptions and calls and distances on surveys describe closed polygons within acceptable tolerances, calculations that are provided are performed according to the methodologies set out in this UDC, etc.) to demonstrate compliance with applicable standards of this UDC.

(b)

Insufficient applications.

(1)

An application is insufficient if it does not meet the standards of subsection (a), above.

(2)

If an application is determined to be insufficient, the administrator shall notify the applicant and provide a written explanation regarding the materials that must be submitted, or revisions that must be made, in order to continue processing the application.

(3)

The applicant shall provide the materials or revisions that are required to make the application sufficient within fourteen (14) days of the date of the notice.

(4)

If an applicant fails to submit the required materials within the time period specified in subsection (b)(3), above, or if the applicant fails to submit a sufficient application after three rounds of review, then the application fee shall be retained and the application shall be returned to the applicant as insufficient.

(c)

Sufficient applications. Technically sufficient applications shall be processed according to the applicable standards and procedures of this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. This section is intended to extinguish applications that become stale due to inaction by the applicant.

(b)

Expiration of stale applications. When an action by the applicant is required for further processing of an application (for example, if revisions are requested after agency referrals), the application shall become void:

(1)

Six (6) months after the date that the action is requested if the applicant either fails to take action or fails to request an extension of time pursuant to subsection (c) below; or

(2)

Upon failure to timely provide requested information to make an application technically sufficient pursuant to section 21-8-507.

(c)

Extension of time. The time for expiration of an application may be extended by up to six (6) additional months upon written request of the applicant before the end of the period set out in subsection (b), above.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Upon determination that an application is complete and sufficient, the administrator shall cause the application to be reviewed for technical compliance with all applicable requirements of this UDC, as follows:

(1)

Appropriate city staff or consultants shall review the application; and

(2)

The application shall be promptly referred to applicable referral agencies and individuals for review and comment pursuant to section 21-8-510.

(b)

Recommended revisions.

(1)

The administrator shall provide comments from city staff or consultants (collectively, "staff comments"). The staff comments shall provide staff or consultant input and address or include comments by referral agencies and interested individuals. The applicant shall revise and resubmit the application with appropriate changes based on staff comments, and with responses to staff comments that did not result in changes to the application.

(2)

Upon receipt of the re-submittal, the administrator may refer the application to referral agencies again if the changes substantially affect the interests of the agency in ways not anticipated by the agency's original comments (or lack thereof), or require the agency's technical expertise for appropriate review.

(3)

The re-submittal shall not require an application fee unless both of the following conditions are met:

a.

The revisions are inappropriate or incomplete; and

b.

Repeated failure to address comments requires more than three (3) rounds of revisions.

(c)

Administrative recommendation, decision, or referral. Promptly after determination that a complete application addresses the comments and recommendations provided pursuant to subsection (b), above (or, after finding that no revisions will be required):

(1)

If the application is for an administrative approval or permit, then the administrator shall:

a.

Approve, approve with conditions, or deny the application, as appropriate; or

b.

Upon a determination that the development, as proposed, may have material impacts on neighboring properties or city resources that are unusual in kind or degree, or that there is material potential for disagreement regarding whether the application complies with the standards of this UDC, the administrator may refer the application to the planning commission for review and recommendation and city council for decision, according to the applicable standards of this UDC.

(2)

If the application is for a public hearing approval or permit, then the Administrator shall make a recommendation regarding the application and forward the recommendation and the application materials and referral comments to the next body that will consider it for further recommendation or approval.

(d)

Meeting logistics.

(1)

If the application is for a public hearing approval or permit, then the administrator shall set the application on the agenda of the next body that will consider the application.

(2)

Generally, the application shall be heard during the next regular meeting of the body which meets the following two (2) conditions:

a.

There is sufficient time to meet applicable public notice requirements; and

b.

There is available room on the agenda.

(3)

The administrator shall coordinate with recommending and decision-making bodies to fix reasonable times for hearings. Said bodies are authorized to convene special meetings to hear applications as they determine appropriate.

(4)

The administrator, or a designee, shall notify the applicant regarding the time and place of the public hearings.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Applications may be referred for additional review by agencies or consultants according to the procedures set out in this section.

(b)

Inter-jurisdictional referrals.

(1)

As part of the review process, the city may seek review and comment by referral agencies that have expertise in the subject matter impacted by the application, that have jurisdiction over one or more aspects of the proposed development, or whose operations will likely be affected by the proposed development. Referral agency comments are advisory to the city.

(2)

The administrator may refer an application to any agency, jurisdiction, ditch company, land management entity, utility, or department that the administrator determines is likely to be materially affected by the application. The administrator's determination regarding referrals is not appealable.

(3)

The agency referral period is twenty-one (21) calendar days, which can be extended by up to thirty (30) additional days by mutual consent of the applicant and the administrator.

(4)

Failure of an agency to respond within the prescribed time period (or extended period) is interpreted as consent by that agency to the contents of the application. However:

a.

Such consent does not waive the authority of agencies which have concurrent jurisdiction with the city; and

b.

Such consent is not implied if the applicant fails to pay the agency's required review fees.

(c)

Consultant review. Upon notice to the applicant, the administrator may refer the application to consultants selected by the city, in order to obtain technical review and recommendations. The cost of such referrals shall be borne by the applicant.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. For applications that require public notice, public notice shall be provided according to the standards of this section.

(b)

Contents of public notice. Public notice shall include the following elements:

(1)

The phrase "Public Notice" at the top of the notice.

(2)

A brief description of the type of application (e.g., rezoning from zone X to zone Y).

(3)

The date, time, and place of the hearing.

(4)

A brief summary of what the applicant is requesting (e.g., approval of a ten thousand (10,000) square foot commercial retail development).

(5)

The physical address of the subject property, or if an address is not available, a location map of the property or a statement that the legal description is on file with the administrator.

(6)

A notice that interested persons may obtain more information from the administrator.

(7)

Contact information for the administrator.

(c)

Types of public notice. Table 21-8-511(c), Types of Public Notice, sets out standardized requirements for publication, posting, and mail notice that are used for different application types and different phases of the application process. The types of notice that are set out in the table are used to establish notice requirements for each type of application in Table 21-8-511(d), Required Public Notice by Application Type.

(d)

Type of public notice required by application type. Table 21-8-511(d), Required Public Notice by Application Type, sets out the notices that are required at each state of processing for each type of application for which notice is required.

(e)

Standards for required notices.

(1)

Publication. Published notice shall be printed in a newspaper of general circulation in the City of Alamosa.

(2)

Posting. Posted notice shall be on a sign in a form approved by the city.

(3)

Mail. Mailed notice shall be delivered via first class U.S. Mail.

(f)

Optional notices.

(1)

Electronic mail. Electronic mail notice may be delivered to an opt-in distribution list that is created for the purpose of notifying people about applications for approvals and permits in the city. Electronic mail notice shall include the subject line "PUBLIC NOTICE OF PROPOSED DEVELOPMENT," and the statement in the body of the e-mail that "Electronic mail notice is provided as a courtesy to opt-in subscribers. Failure of an e-mail communication to reach a subscriber does not constitute failure of public notice."

(2)

Internet. Internet notice may be posted on the official web site of the city, on a page or pages that are designated for such notices. However, internet notice is also provided as a courtesy and is not official notice. Therefore, failure of internet notice shall not constitute a failure of public notice.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 4-2020, § 3, 2-19-20)

(a)

Generally. Public meetings and public hearings shall be carried out in accordance with the procedural rules of the body conducting the meeting or hearing.

(b)

City council ratification.

(1)

Decisions that require city council ratification shall be placed on the next available consent agenda of the city council after the planning commission meeting at which the approval was granted.

(2)

Prior to the council meeting, the administrator shall forward the materials that were considered by the planning commission and a summary of the decision by the planning commission to the city council.

(3)

Notwithstanding any code or policy provision to the contrary, decisions may be removed from the consent agenda only by majority vote. If an item is removed from the consent agenda, the city council may ask questions of the administrator, and may thereafter ratify the decision or place it on the next available city council agenda for public hearing.

(4)

The administrator shall promptly notify the applicant regarding the city council's decision.

(5)

Council review of a decision at public hearing shall be de novo.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 15-2022, § 19, 7-20-22)

(a)

Continuances. Requests for continuance by the applicant of any proceeding called for in this UDC may be granted at the discretion of the body holding the public meeting or public hearing. If granted, the Applicant shall pay all additional costs associated with the rescheduling of the proceeding.

(b)

Withdrawal. Any application may be withdrawn, either in writing or on the record, prior to or during the meeting or hearing at which the application is considered, provided that it is withdrawn before official action is taken on the application.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. It is the policy of the city not to hear successive applications for the same approval or permit after a substantially similar application is denied. The limitations of this section prevent the consideration of successive applications.

(b)

Time required between substantially similar applications. If an application for a permit or approval is denied, a substantially similar application will not be accepted for:

(1)

Six (6) months from the date of denial in the case of administrative permits; and

(2)

Twelve (12) months from the date of denial for all other permits or approvals.

(c)

Exceptions to successive application restrictions. The administrator may allow exceptions to this section if there has been a material change of circumstances that justifies consideration of a substantially similar application. By way of example and not limitation:

(1)

If a spacing requirement was the reason for the denial, and the use from which spacing is required moved away; or

(2)

If a subsequent amendment to this UDC now allows for approval of the application.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The following permits and approvals shall be recorded in the public records of Alamosa County at the applicant's expense:

(1)

Annexation agreements, maps, and ordinances;

(2)

Final plats;

(3)

Preliminary development plans;

(4)

Final development plans;

(5)

Conditional use approvals;

(6)

Development agreements, public improvements agreements, and reimbursement agreements.

(7)

Variances.

(b)

Timing.

(1)

Upon approval of a final plat, preliminary development plan, or final development plan, the applicant shall provide final mylar drawings to the administrator within ninety (90) days for execution by the city and recording.

(2)

The final mylar drawings shall include:

a.

All required signatures except those to be provided by the city; and

b.

All modifications that were required as conditions of approval.

(3)

Failure of an applicant to timely submit a conforming plan to the administrator shall, upon the enactment of a resolution by the city council finding that the submittal was untimely, void the approval.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 12-2021, §§ 8, 9, 8-18-21)

(a)

Generally. It is the intent of the city that development approved pursuant to this UDC be carried out in a timely manner pursuant to the specifications, terms, and conditions of approval; and that the steps within each approval process be carried out with diligence.

(b)

Effect of approval or permit.

(1)

Approval of an application means that the city consents to the particular use, plan, or other specific activity for which the approval was granted. Physical development of land may require a sequence of related (and increasingly detailed) approvals.

(2)

Supplemental materials that are provided in support of an approval become part of the approval (e.g., elevations, lists of building materials, etc.) unless otherwise noted in the approval itself.

(3)

Approvals and permits may be transferred to a subsequent owner of the property for which the approval or permit was issued, unless the approval or permit is specifically designated as non-transferable by condition of approval. Transferred permits shall continue to be valid for their full original terms, and the transferee may apply for an amendment to the approval or permit in the same manner as the original applicant.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Administrative approvals. The administrative approvals described in Table 21-8-202(b), Administrative Approvals and Permits, except a final plat or development agreement, shall be valid for one (1) year from the date of approval.

(b)

Discretionary approvals. Discretionary approvals will lapse and be of no further force or effect if a complete application for the next stage of approval is not filed before the deadline set out in this subsection:

(1)

The discretionary approvals described in Table 21-8-203(b), Discretionary Approvals and Permits, shall lapse as follows:

a.

One (1) year from date of approval:

1.

Conditional use permit.

2.

Variance.

b.

Two (2) years from date of approval:

1.

Certificate of designation.

2.

Preliminary plat.

3.

Preliminary development plan.

c.

Three (3) years from date of approval:

1.

Final development plan.

(c)

Development agreements. A development agreement is valid for the term set out in the development agreement.

(d)

Approvals that do not lapse. Rezonings, vacations or abandonments of easements or rights-of-way, UDC text amendments, comprehensive plan amendments, recorded final plats, and administrative appeals do not lapse.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. The term of permits and approvals may be extended by written request according to the standards and procedures of this section.

(b)

Timing of application for extension. Expired permits and approvals cannot be extended. Written requests for extensions shall be received not later than thirty (30) days prior to the expiration of the permit or approval. Untimely requests for extensions will not be granted unless it is demonstrated that extraordinary circumstances (e.g., an unusual severe weather event) justify the request.

(c)

Extensions for extraordinary circumstances. The city council may, by resolution, extend the term of all permits and approvals city-wide or in designated areas of the city in response to extraordinary circumstances, such as flood, wildfire, tornado, or other natural or man-made disaster which makes it temporarily infeasible to commence or continue with construction. The period of such extensions shall be determined by the city council.

(d)

Administrative extensions. Unless otherwise provided in the permit or approval, the administrator may grant one extension of any permit or approval for a period not to exceed the original term or eighteen (18) months, whichever is shorter. Such extensions may be granted upon timely written request with good cause shown.

(e)

Extensions after hearing.

(1)

Unless otherwise provided in the permit or approval, a hearing is required for:

a.

Extensions for terms that are longer than those which can be granted by the administrator pursuant to subsection (d), above; and

b.

Second (and subsequent) extensions.

(2)

Extensions of discretionary permits and approvals pursuant to this subsection shall be heard by the body that granted the original approval. Extensions of administrative permits and approvals pursuant to this subsection shall be heard by the board of adjustment.

(3)

Extensions may be granted after hearing if it is demonstrated that:

a.

There is good and reasonable cause for the request; and

b.

The applicant has provided reasonable assurances that it will perform (or cause to be performed) the work authorized by the permit or approval within the extended term.

(f)

Extensions pursuant to permit or approval terms. If a method of extension is provided within a permit, or approval, or related development agreement between the applicant and the city, then such method of extension shall supersede this section with respect to said permit or approval.

(g)

Effect of appeals, litigation, or mediation.

(1)

If there is an appeal, litigation, or mediation during the time period that limits the applicant's ability to use or develop land pursuant to a permit or approval granted by the city, then the term of the permit or approval shall be tolled for the duration of the appeal, litigation, or mediation, and the date shall be recalculated upon conclusion of the appeal, litigation, or mediation.

(2)

The new expiration date shall be established by adding the number of days that the approval would have remained valid before the appeal, litigation, or mediation commenced to the date the appeal, litigation, or mediation was concluded by:

a.

The expiration of the subsequent appeal period after final judgment or order in the initial appeal or litigation, or, if no appeal is available, after issuance of the final judgment or order; or

b.

The termination of mediation by resolution of the conflict or impasse.

(3)

This subsection does not apply to litigation which is related to enforcement of a violation of this UDC.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Permits and approvals may be corrected pursuant to this section.

(b)

Correction of recorded final plats. If it is discovered that there is a minor survey or drafting error in a recorded final plat, a request, in writing, to record a corrected plat shall be submitted to the administrator. The request shall be accompanied with an affidavit witnessed by a professional land surveyor. The surveyor witnessing this corrected plat shall be an impartial observer having no personal interest in the platted land. The administrator shall thereupon record the corrected plat at the applicant's expense.

(c)

Correction of scrivener's errors. Development approvals other than final plats may be corrected by the administrator or upon application to the administrator as follows:

(1)

Generally. The administrator may approve an application to reform a scrivener's error in a development approval, including an error in an application or notice, which error causes the permit or approval to inaccurately reflect the decision-maker's intent, and where it is demonstrated that:

a.

The correction does not include a change of judgment, policy, or prior intent of the decision-maker;

b.

The reformation of the permit or approval is essential to ensure that the documentation reflects the intent and decision of the decision-maker;

c.

The record, including, but not limited to, the staff recommendation, minutes, and motion, evidences the clear intent of the decision-maker;

d.

The substance of the decision was clearly evident at the time of the decision, and there was no intent to deceive the public or the decision-maker on the part of the current applicant at any time;

e.

Failure to approve the reformation would lead to an unjust result;

f.

The error in the development approval did not mislead anyone in a way that would cause them to be prejudiced by the reformation; and

g.

Any errors related to public notice did not affect the legal sufficiency of the required notice.

(2)

Correction within thirty (30) days. In the alternative, the administrator, within thirty (30) days of the decision on an application for development approval, may correct a clerical or scrivener's error in the development approval if:

a.

The error is not related to public notice;

b.

The error causes the approval, as written, to inaccurately reflect the clear decision of the decision-maker; and

c.

The administrator promptly notifies the applicant and the decision-maker regarding the corrections.

(d)

Effect on approval. A permit or approval that is modified pursuant to this section shall relate back to the date of the corrected approval, such that the effective date of the corrected language shall be deemed to be the same as the effective date of the original approval.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Easements or rights-of-way that are granted to the city by deed, agreement, or final plat may be vacated as provided in this section.

(b)

Administrative vacation. The administrator may:

(1)

Vacate the city's interest in an easement or right-of-way if:

a.

The easement or right-of-way is not for roadway purposes;

b.

The city does not have a fee-simple interest in the right-of-way;

c.

The easement or right-of-way has not been put to use for its intended purpose;

d.

The easement or right-of-way is not necessary to provide services or non-vehicular access to property other than the subject property, or there are reasonable alternative ways to provide such services or public access; and

e.

The easement or right-of-way is intended to serve or provide non-vehicular access to development for which related approvals have lapsed or been abandoned.

(2)

Vacate a platted or recorded public utility dedicated to and accepted by the City of Alamosa in a form approved by the city attorney if:

a.

The easement has not been put to use for its intended purpose, or such purpose appears to have been abandoned;

b.

The easement is not necessary to provide services to any property or properties, or there are reasonable alternative ways to provide such services;

c.

The administrator has sent notice of the intention to vacate said easement to the registered agent of each public utility company by certified mail; and

d.

The administrator has not received an objection to the vacation from any public utility company within thirty (30) days.

(c)

City council vacation. The city council may by ordinance vacate the city's interest in an easement or right-of-way, or vacate a plat, if it finds:

(1)

The statutory requirements of C.R.S. § 43-2-301, et seq. are met if the easement or right-of-way is for roadway purposes, or if platted roadways are affected;

(2)

The vacation does not conflict with adopted plans;

(3)

The vacation does not landlock any parcel of land or restrict the access such that it is unreasonable or economically prohibitive;

(4)

The vacation will not result in adverse impacts on the health, safety, or welfare of city residents and business owners, or reduce the quality of public facilities or public services (including emergency response services) provided to any parcel of land.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 15-2023, § 7, 8-16-23)

(a)

Generally. The procedures of this section apply to communications uses that are listed in Table 21-2-207(a), Utility and Communications Land Use Table.

(b)

Shot Clock. The Federal Communications Commission has established mandatory time frames for review of different types of applications for the communications uses that are listed in Table 21-2-207(a), Utility and Communications Land Use Table.

(1)

The "shot clock" commences at the time the application is filed, whether the application is complete or not. With respect to communications uses, subsection 21-8-507(b) and (c), are modified as follows:

a.

The city shall respond to the applicant with regard to whether the application is complete within thirty (30) days after it is filed. The notice from the CITY shall specifically delineate all missing information, and specify the code provision, ordinance, application instruction, or other publicly-stated procedure that requirements the information. Such determination of incompleteness tolls the "shot clock."

b.

Applications that are incomplete shall be retained by the city.

c.

The city shall evaluate a resubmittal for completeness and respond to the applicant within ten (10) days.

1.

If the city requests information that had previously been identified in the notice issued pursuant to subsection (c)(1)a., above, the "shot clock" shall be tolled again.

2.

If the city requests additional information that was not identified in the notice, the shot clock shall continue to run.

(2)

The "shot clock" concludes:

a.

One hundred fifty (150) days after commencement for new installations that are regulated by 47 U.S.C. § 332(c)(7).

b.

Ninety (90) days after commencement for substantial changes to existing installations (e.g., co-locations that are not subject to 47 U.S.C. § 1455).

c.

Sixty (60) days after commencement for "eligible facilities" as defined in 47 U.S.C. § 1455.

(3)

In addition to the tolling that occurs under subsection (c)(1), the "shot clock" may be tolled by agreement with the applicant.

(c)

Approval of application. Approvals shall be in writing and shall specify all design elements that are intended to conceal the wireless telecommunications facility.

(d)

Denial of application. Denials shall be in writing and shall specify the reasons for denial, including reference to substantial evidence in the record that supports the denial.

(Ord. No. 33-2017, § 1, 12-6-17)

Land use applications that involve water projects or any portions thereof intended to export water out of the San Luis Valley shall be governed by the provisions of Chapter 17 of this Code, "Guidelines and Regulations for Water Projects for Export Outside the San Luis Valley as Designated as Matters of State Interest of the City of Alamosa."

(Ord. No. 6-2024, § 2, 4-17-24)