Bayfield City Zoning Code

ARTICLE 3

- REVIEW PROCEDURES AND SUBMITTAL REQUIREMENTS FOR PROCESSING OF APPLICATIONS AND OTHER MATTERS

Sec. 3-1.- Review and appeals process.

The establishment of this review process is designed to provide a uniform means by which the town board and its duly constituted planning commission, may review, study, accept or reject requests for land use and/or development projects including land use, uses subject to review, approval of subdivision sketch plan, subdivision preliminary plat and subdivision final plat, planned unit developments, variances and appeals as permitted by this Code. The town staff maintains a submission and review schedule indicating submittal deadlines for each planning commission and town board meeting.

Sec. 3-2. - Public hearing procedures.

All land use applications that require public hearings before the board of trustees or planning commission shall be subject to these requirements. Public notice of hearings is intended to provide for the opportunity for public participation on land use proposals within the town.

General provisions.

(1)

It is the responsibility of the applicant to meet these requirements prior to the established hearing date.

(2)

The board of trustees or planning commission may continue any hearing to a date certain and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be pursued by the applicant unless a period of five weeks or more elapses between hearing dates, before the same board. In situations where this time period has passed, the applicant shall be required to re-publish the notice of public hearing.

(3)

The board of trustees may at its discretion require the applicant to comply with these procedures for land use applications other than those already prescribed in the zoning and subdivision ordinances.

(4)

These public notice requirements apply to all land within the jurisdiction of the town, as well as those parcels subject to the consideration of and petitioning for annexation to the town boundaries.

(5)

No public hearing shall commence, nor testimony be taken, until these procedures are met by the applicant.

(6)

Upon written request, the land use administrator may authorize the concurrent noticing of planning commission and board of trustees hearings.

(7)

For notification of adjoining property owners, applicants must use the county assessor's records, and the list submitted to the land use administrator must be current within 60 days of the public hearing. A written affidavit indicating the date that the notices were researched at the assessor's office shall be provided to the land use administrator.

(8)

Proof of all notices must be provided to the land use administrator one week prior to the hearing or the item will be removed from the agenda.

Public notice procedures.

(1)

The following applications shall be subject to the public notice procedures outlined herein:

Rezoning (amendments to the official zoning map);

Use by review;

Planned developments;

Major amendments to a development guide or plan;

Sketch plan and preliminary plans for subdivision;

Vacations and replats; and

Zoning and sign code variances.

(2)

At least 15 calendar days prior to a public hearing, a notice shall be published at least one time in the legal notice section of a general circulation newspaper within the town. A publisher's affidavit shall be submitted to the land use administrator prior to the hearing date to verify the publication of the required notice. The notice shall read as follows:

NOTICE OF PUBLIC HEARINGS

Notice is hereby given that the (Name of Board: Board of Trustees or Planning Commission) shall hold public hearings concerning (type of application request), located on property described in Exhibit A and generally located at (distance and direction of nearest major intersections), pursuant to the Town of Bayfield Land Use Code.

The public hearings are to be held before the (Name of Board) on (date), (year), at (time a.m./p.m.), or as soon as possible thereafter. The public hearing shall be held in the Town Hall, 1199 Bayfield Parkway, Bayfield, Colorado, or at such other time or place in the event this hearing is adjourned. Further information is available through the Town of Bayfield at (970) 884-9544.

ALL INTERESTED PERSONS MAY ATTEND.

EXHIBIT A (legal description)

(3)

At least 15 calendar days prior to a public hearing, a written notice shall be sent by certified mail to all owners of property within 200 feet of the site for which the land use application is made. Copies of the certified mail receipts shall be submitted with a list of all area property owners to the land use administrator one week prior to the hearing date.

(4)

Vacation requests of lot lines, easements, approved plats or rights-of-way shall follow the same public notice procedures found in subsection (B), except that references to the hearings before the planning commission and the board of trustees may be combined upon approval of the land use administrator.

Public hearings will be held in accordance with the following procedures:

(1)

A hearing is held on the advertised date. A quorum of the membership is required to hold the hearing. All pertinent information is entered into the record and when the commission determines that all information needed to make a decision has been received, the hearing is closed.

A hearing may be continued. If for any reason, testimony on any matter set for public hearing cannot be completed on the day set for such hearing, the person presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued and no further notice will be required.

(2)

Decisions are made by majority votes of the quorum. Tie votes and denied applications may be appealed through the process outlined in section 3-16.

(3)

A summary of all pertinent testimony offered at public hearings in connection with an application filed pursuant to provisions of this Code, and the names and addresses of persons testifying at all public hearings may be recorded and made a part of the permanent files of the case.

(Ord. No. 480, 7-19-22)

Sec. 3-3. - Large subdivisions and planned unit developments.

Subdivisions and planned unit developments (PUDs) shall be reviewed using the procedures as outlined in the following sections 3-4 through 3-6. The town staff maintains a submission and review schedule indicating submittal deadlines for each planning commission and town board meeting.

Sec. 3-4. - Sketch plan.

Intent.

(1)

The intent of the sketch plan is to examine the feasibility of a project, including review of conceptual design, legal ability to obtain water and sanitation, location of geologic hazards, identification of environmentally sensitive areas and wildlife habitat areas and general conformance with the principles of the town comprehensive plan, zoning requirements and requirements of the Land Use Code. A sketch plan, other than for a PUD, shall not create parcels that do not meet zoning standards.

(2)

The intent of the sketch plan is to provide a conceptual layout of the subdivision. Applicants are required to include as large an area as practicable in a sketch plan submittal in order to plan road connections, open space connections, adequate park facilities and utility extensions for a larger area rather than limiting review of these items to only the area that may be final platted.

Submittal process.

(1)

The applicant shall submit one copy of the submittal to the town.

(2)

The submittal shall be reviewed for completeness within 21 calendar days. The applicant shall be notified of any inadequacies. An incomplete submittal shall not be processed.

(3)

Once the submittal is determined complete, the town will notify the applicant of the number of copies of the sketch plan required to be submitted for distribution to referral agencies. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The town shall mail the referral packets. The applicant shall distribute any revised plans, as required by the town.

(4)

All sketch plan applications shall be submitted to the following departments and agencies for review and comment:

Bayfield School District 10 Jt.-R;

Any appropriate utility or ditch company;

Appropriate fire protection district;

Bayfield Marshal's Office;

Bayfield Public Works Department;

Bayfield Parks and Recreation Department;

Bayfield Building Department;

Bayfield Engineering Department; and

State geologist.

Additional agencies may be contacted if, in the opinion of the town, the agency may be affected by the application or if comments by the agency will ensure a thorough analysis of the application. These agencies are:

La Plata County;

Colorado Department of Transportation;

Colorado Division of Wildlife;

San Juan Basin Health;

Colorado Division of Water Resources;

Mineral rights owners, when different than the applicant, contacted by certified mail by the applicant;

Any metropolitan or special improvements district;

United States Army Corps of Engineers; and

Any other agencies or affected parties as may be required or determined necessary by the town.

(5)

The applicant shall notify and is encouraged to meet with adjacent landowners and homeowners' associations concerning the sketch plan application as required by the town.

(6)

Referral agencies shall comment within 21 calendar days of receiving a complete submittal. The applicant is encouraged to meet with referral agencies and other interested parties to address the referral concerns. The applicant is required to pay any fees assessed by referral agencies.

(7)

The land use administrator will review the referral comments, and notify the applicant of the public hearing date and time.

(8)

The applicant is responsible for providing public notice prior to the planning commission hearing in compliance with the public notice requirements in section 3-2 of the Land Use Code.

(9)

The planning commission shall evaluate the application, referral agency comments and public testimony, and make a recommendation to the board of trustees to approve, approve with conditions, continue for additional information or further study, or deny the sketch plan. The planning commission's comments shall be based on the evidence presented, compliance with the adopted standards, regulations and policies and other guidelines.

(10)

Following the recommendation by the planning commission, the town will schedule the sketch plan for a public hearing with the board of trustees, and notify the applicant of the hearing date and time.

(11)

The applicant shall be responsible for providing public notice prior to the board of trustees hearing in compliance with the public notice requirements in section 3-2 of the Land Use Code.

(12)

The board of trustees shall evaluate the application, referral agency comments, the planning commission recommendation and public testimony, and shall approve, conditionally approve, continue for additional information or for further study, remand to the planning commission or deny the sketch plan. The board of trustees' comments shall be based on the evidence presented, compliance with the adopted standards, regulations and policies and other guidelines.

(13)

If denied by the board of trustees, the submittal of a new application and processing fee shall be required in order to pursue the proposed subdivision. A resubmittal of the sketch plan for the same or substantially same request, as determined by the board of trustees, shall not be accepted within one year of such denial, unless otherwise approved by the board of trustees.

General submittal requirements.

(1)

Completed land use application.

(2)

Application fee.

(3)

A copy of the recorded warranty deed and title commitment or updated title commitment current within 30 calendar days.

(4)

A notarized letter of authorization from the landowner permitting a representative to process the application.

(5)

Plan exhibit (described in subsection (D) below).

(6)

Development reports (described in subsection (E) below).

Sketch plan exhibit.

(1)

The plan exhibit shall be prepared on 24-inch by 36-inch paper at a scale of one inch equals 100 feet, one inch equals 200 feet, or another scale approved by the land use administrator.

(2)

The title shall be placed at the top of the sheet along the long dimension of each sheet and shall include the name of the proposed subdivision or planned development (and plan number when applicable). If part of a planned development, the planning area shall be included under the title. A general legal description stating the aliquot portion of the section, township, range, N.M.P.M. shall be included under the name and planning area. On the title sheet (sheet #1), under the general legal description, include the total acreage and the estimated total number of lots. The name of the builder, product line or marketing name may only be used as a descriptor along the bottom of the sheet. Subdivision names shall not duplicate existing subdivision names or planned developments.

(3)

A block in the lower right-hand corner shall include the following: The preparation date; a north arrow designated as true north; a written and graphic scale; the names and addresses of the applicant, developer, engineer or surveyor who prepared the exhibit; and the number of the sheets and the total number of sheets.

(4)

The boundary of the proposed subdivision shall be depicted in a heavy solid line. Note those areas not included in the subdivision as "Not included in this plat."

(5)

A vicinity map that depicts the area to be subdivided and the area which surrounds the proposed subdivision within a two-mile radius.

(6)

When land is zoned planned development, a vicinity map that depicts the area to be subdivided superimposed on the development plan at a scale of one inch equals 2,000 feet that shows adjacent filings of the same or adjacent subdivisions.

(7)

Depict all lots, tracts and, when appropriate, building envelopes. Lots shall be numbered consecutively, tracts shall be lettered alphabetically. Nonresidential uses, such as areas to be dedicated to the town for park or school sites, will be designated as tracts.

(8)

Depict all easements, including existing and proposed, public or private, on and adjacent to the proposed subdivision. For each, specify their use, reception number, principal dimensions and the owner or right holder of the easement.

(9)

Contour lines depicted at ten-foot intervals. The town may request that other significant topographic conditions be depicted at greater or lesser intervals where appropriate.

(10)

Delineate all 100-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, streams and lakes of the affected property and within 100 feet of such property.

(11)

Depict all lands to be dedicated or reserved in deeds or easements for the use of landowners, residents or the general public.

(12)

Note the land use, zoning and ownership of the adjacent land, including the intended future use of the adjacent land, if owned by the applicant. If adjacent land has been subdivided, show adjacent lots.

(13)

Note existing structures on the site, their uses and whether they are to remain on the site.

(14)

Identify any historical or archaeological sites.

(15)

Note significant natural or man-made features within and adjacent to the proposed subdivision.

(16)

Depict all potential hazard areas including: geologic hazard areas; expansive soils; areas of 20 percent or greater slope or other slope ranges, as determined necessary by the town.

(17)

Note short- and long-range views onto or from the site, including scenic mountain views, buttes, rock outcroppings, drainages and related matters.

(18)

Depict any significant existing stands of vegetation and identify the type of vegetation.

(19)

Identify wildlife habitat areas, including breeding grounds, nesting areas, crossings, wintering areas, migratory routes and related matters.

(20)

Show the conceptual design of the following items:

Local, collector and arterial streets, including principal dimensions.

Pedestrian, parks and open space systems, including connections to adjacent development and open space areas.

Focal points, community facilities and other special features.

The treatment of potentially conflicting land uses.

Development reports. The applicant shall submit a report with supporting materials and completely address the items listed below as a minimum. The degree of detail for analysis of some of the following factors will depend upon the impact of the particular item on the surrounding area and the subject property.

(1)

A discussion of site features as depicted on the plan that may affect the evaluation of the proposed development.

(2)

Evidence establishing soil suitability in the form of a report based on information from the Soil Conservation Service of the United States Department of Agriculture (USDA) or another form acceptable to the town. The report shall minimally include: a description of site soil types, locations and characteristics with supporting soil maps, soil logs and other information needed to determine soil suitability for proposed development; constraints on development based on the findings; and analysis and evaluation of such information with recommendations regarding structural constraints, erosion control and a determination of the adequacy of the structural characteristics of the soil as they relate to the proposed uses and development.

(3)

A report on the geologic characteristics of the site, including any potential natural or man-made hazards which would have a significant influence on the proposed uses of the land, a determination of what effect such factors would have and proposed corrective or protective measures.

(4)

A preliminary drainage plan, including estimates of quantitative flows and rough plans for facilities to prevent storm waters in excess of historic runoff caused by the proposed subdivision, from entering, damaging or being carried by conduits, water supply ditches and appurtenant structures and other drainage facilities.

(5)

Evidence that an adequate water supply, sufficient in terms of quality and quantity, is available. For a subdivision of land located within a water district, a letter of commitment to serve the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to that area.

(6)

Evidence of the physical capability to provide sanitation.

(7)

A narrative describing the availability and adequacy of other necessary services including, but not limited to, fire and police protection, schools, recreation, utilities and open space.

(8)

A narrative or traffic study describing the proposed transportation network establishing the availability and adequacy of the system consistent with the transportation element of the town comprehensive plan.

(9)

A discussion on the effect of the proposal on significant cultural, archaeological and historical resources and plans for protection of such resources.

Expiration of approval.

(1)

The sketch plan shall be effective for a period of one year from the date of approval, unless stated otherwise in such approval or unless a preliminary plan has been approved for a portion of the area covered by the sketch plan. In such event, the sketch plan approval for the remainder of the area shall be effective for one year following preliminary plan approval. The board of trustees may grant an extension of time, of no more than one year, upon a written request by the applicant prior to the expiration of the one year.

(2)

An extension request shall include a fee and a narrative stating the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood and any changes to the town comprehensive plan or this Land Use Code that have occurred since approval of the plan as these changes affect the plan and the anticipated time schedule for completing the platting process. Additional review of the plan may occur resulting in additional conditions as applicable.

Sec. 3-5. - Preliminary plan.

Intent.

(1)

The purpose of this preliminary plan review is to check the proposed subdivision against the technical requirements, design standards and improvement requirements of the town to be sure that the standards imposed can be met. Additionally, the planning commission and the board of trustees shall review the proposal for site planning characteristics and compatibility with adjoining land uses. The detailed review at this stage will help determine if the plan complies with zoning requirements, circulation patterns, desired open space and other applicable plans, standards and regulations.

(2)

Applicants are encouraged to include as large an area as practicable in a preliminary plan submittal in order to plan road connections, open space connections, adequate park facilities and utility extensions for a larger area.

Prerequisite.

(1)

The preliminary plan shall be in substantial compliance with the approved sketch plan, as determined by the land use administrator. If not, the applicant shall resubmit the sketch plan for review and approval by the planning commission and the board of trustees.

(2)

The preliminary plan shall be submitted within one year of the approval of the sketch plan by the board of trustees or as extended by the board of trustees.

Submittal process.

(1)

The applicant shall submit one copy of the submittal to the town.

(2)

The submittal shall be reviewed for completeness within 21 calendar days. The applicant shall be notified of any inadequacies. An incomplete submittal or preliminary plan that is inconsistent with the approved sketch plan shall not be processed.

(3)

Once the submittal is determined complete, the town will notify the applicant of the number of copies of the preliminary plan required for distribution to referral agencies. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The town shall mail the referral packets. The applicant shall distribute any revised plans, as required by the town.

(4)

The services and facilities provided by the referral agencies below shall be considered by the planning commission and board of trustees as a factor in approval of the preliminary plan. The criteria for evaluating sufficiency of the services that must be satisfied for the approval of the plan shall be provided to the planning commission and the board of trustees as a part of any referral response. All preliminary plan applications shall be submitted to the agencies and departments listed under section 3-4(B)(4) above for review and comment.

(5)

The applicant shall notify and is encouraged to meet with adjacent landowners and homeowners' associations concerning the preliminary plan as required by the town.

(6)

The referral agencies shall comment within 21 calendar days of receiving a complete submittal unless an extension of no more than 30 days is consented to by the subdivider. The failure of any of these agencies to respond within 21 calendar days or within the period of an extension shall for the purpose of the hearing on the plan be deemed an approval of such plan. Referring agencies will provide the planning commission and the board of trustees with a summary of any capacity evaluation study. The summary will include an explanation of the agency's assumptions regarding available capacity. The applicant is encouraged to meet with the referral agencies and other interested parties to address any concerns prior to the end of the referral period. The applicant is required to pay those fees assessed by referral agencies.

(7)

The land use administrator will review the referral comments and notify the applicant of the hearing date and time.

(8)

The applicant is responsible for providing public notice prior to the planning commission hearing in compliance with the public notice requirements in section 3-2 of this Land Use Code.

(9)

The planning commission shall evaluate the application, referral comments and public testimony, and make a recommendation to the board of trustees to approve, approve with conditions, table for further study or deny the preliminary plan. The planning commission's comments shall be based on the evidence presented, compliance with the adopted standards, regulations and policies and other guidelines.

(10)

Following the recommendation by the planning commission, the town will schedule the preliminary plan with the board of trustees and notify the applicant of the hearing date and time.

(11)

The applicant shall be responsible for providing public notice prior to the board of trustees hearing in compliance with the public notice requirements in section 3-2 of this Land Use Code.

(12)

The board of trustees shall evaluate the preliminary plan, referral agency comments, planning commission recommendation and public testimony, and shall approve, conditionally approve, continue for additional information or for further study, or deny the preliminary plan. The board of trustees' action shall be based on the evidence presented, compliance with the adopted standards, regulations and policies and other guidelines.

(13)

The planning commission and the board of trustees shall consider the recommendations received from the agencies named in this article. The planning commission and the board of trustees are authorized to disapprove a preliminary plan if such plan is deemed to not be in conformity with the standards or intent of these regulations, the Land Use Code and the general principles set forth in the town master plan; or is deemed to create significant adverse impacts to the public served by the agencies named in this article; or if inadequate capacity exists and cannot be reasonably provided or anticipated in facilities provided by the agencies named in this article to serve the proposed development.

(14)

If denied by the board of trustees, the submittal of a new application and processing fee shall be required in order to pursue the proposed subdivision. A resubmittal of the preliminary plan application for the same or substantially same request, as determined by the board of trustees, shall not be accepted within one year of such denial, unless otherwise approved by the board of trustees.

General submittal requirements.

(1)

Completed land use application.

(2)

A narrative outlining the proposal.

(3)

Application fee.

(4)

A copy of the recorded warranty deed and title commitment or updated title commitment current within 30 days.

(5)

A notarized letter of authorization from the landowner permitting a representative to process the application.

(6)

Plan exhibit (described in subsection (E) below).

(7)

Development reports (described in subsection (F) below).

Plan exhibit.

(1)

The plan exhibit shall be prepared on 24-inch by 36-inch paper at a scale of one inch equals 100 feet, one inch equals 200 feet, or another scale approved by the land use administrator. If a proposal requires multiple sheets, a composite, on 24-inch by 36-inch paper, shall be provided that delineates the boundaries and identifies each sheet number.

(2)

The title shall be placed at the top of the sheet along the long dimension of each sheet and shall include the name of the proposed subdivision or planned development (and plan number when applicable). If part of a planned development, the planning area shall be included under the title. A general legal description stating the aliquot portion of the section, township, range N.M.P.M. shall be included under the name and planning area. On the title sheet (sheet #1), under the general legal description, include the total acreage and the total number of lots. The name of the builder, product line or marketing name may only be used as a descriptor along the bottom of the sheet. Subdivision names shall not duplicate existing subdivision names or planned unit developments.

(3)

(4)

The boundary of the proposed subdivision shall be depicted in a heavy solid line. Note those areas not included in the subdivision as "Not included in this plat."

(5)

A vicinity map that depicts the area to be subdivided and the area which surrounds the proposed subdivision within a one-mile radius.

(6)

When land is zoned planned unit development, a vicinity map that depicts the area to be subdivided superimposed on the development plan at a scale of one inch equals 2,000 feet.

(7)

Depict all lots, tracts and, when appropriate, building envelopes, providing accurate dimensions for each. Lots shall be numbered consecutively, tracts shall be lettered alphabetically. On residential uses, tracts shall be used exclusively for nonresidential uses, such as areas to be dedicated to the town for park or school sites.

(8)

Depict all easements, including existing and proposed, public or private, on and adjacent to the proposed subdivision, their use, principal dimensions and the owner or right holder of the easement along with the recorded reception number, book and page number.

(9)

Contour lines depicted at ten-foot intervals. The town may request that other significant topographic conditions be depicted at greater or lesser intervals where appropriate.

(10)

Delineate all 100-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, streams and lakes of the affected property and within 100 feet of such property.

(11)

Depict all lands to be dedicated or reserved in deeds or easements for the use of landowners, residents or the general public. Include notes to indicate the disposition and maintenance responsibility for all such tracts.

(12)

Locate and provide the name and principal dimension of all street rights-of-way.

(13)

Depict legal and physical public access to the proposed subdivision even if not part of the subdivision.

(14)

Note the land use, zoning and ownership of the adjacent land, including the intended future use of the adjacent land, if owned by the applicant.

(15)

Note existing structures on the site, their uses and whether they are to remain on the site.

(1)

Traffic impact report.

(2)

Road plans and profiles.

(3)

A preliminary drainage report, erosion control plan and grading plan.

(4)

Geotechnical report.

(5)

Utility infrastructure analysis report.

(6)

Utility plans prepared in accordance with the regulations of the appropriate service provider.

(7)

A preliminary landscape plan for the subdivision.

(8)

Street lighting plan.

(9)

Appropriate environmental clearances.

(10)

Floodplain report, if appropriate.

Expiration of approval.

(1)

The preliminary plan shall be effective for a period of one year from the date of approval, unless stated otherwise in such approval. The board of trustees may grant an extension of time of no more than one year, upon a written request by the applicant prior to the expiration of the one-year period. However, when a part of the preliminary plan is final platted, approval of the remaining area of the preliminary plan shall be effective for the one-year period or as otherwise extended by the board of trustees.

(2)

(Ord. No. 480, 7-19-22)

Sec. 3-6. - Final plat.

The intent of the final plat or plan is to provide for the review of the final engineering plans, the subdivision improvement agreement for subdivisions, and public improvement agreement for projects not subject to a subdivision, public dedication and other legal agreements.

Prerequisite.

(1)

The final plat shall be in substantial compliance with the board of trustees' approved preliminary plan. If not, the applicant shall submit an amended preliminary plan for review and approval by the planning commission and the board of trustees.

(2)

The final plat shall be submitted within one year of approval of the preliminary plan, or as extended by the board of trustees unless the preliminary plan and final plat are proposed to be processed concurrently.

(3)

No final plat shall be approved where the applicant has previously obtained approval of another final plat in the town, except upon a showing as to such previous final plat that all of the following conditions have been met:

The applicant has paid all fees and charges incurred by the town and invoiced to the applicant as to such previous final plat;

The applicant has made all water rights dedications required during the approval of the previous final plat;

The applicant has either constructed all public improvements required by the previous final plat or has posted security for such completion in an amount and in a form acceptable to the town; and

The applicant has complied with all requirements of the subdivision agreement as to such previous final plat.

Submittal process.

(1)

The applicant shall submit one copy of the final plat and all supporting information to the town.

(2)

The submittal shall be reviewed for completeness within 21 calendar days. The applicant shall be notified of any inadequacies. An incomplete submittal or final plat that is inconsistent with the approved preliminary plan shall not be processed.

(3)

Once the submittal is determined complete, the town will notify the applicant of the number of copies of the final plat required for distribution to the town engineer, fire protection district, public works department, and other appropriate referral agencies as deemed necessary by the land use administrator.

(4)

Reserved.

(5)

The subdivision agreement shall be approved by the town attorney and be signed by the applicant prior to final plat approval.

(6)

After approval of all documents by the appropriate entity, town staff shall evaluate the final plat. If all conditions of the preliminary plan approval are met and all standards of the town are met, town staff shall approve the final plat.

General submittal requirements.

(1)

Completed land use application.

(2)

Application fee.

(3)

A copy of the recorded warranty deed and title commitment or updated title commitment current within 30 days.

(4)

A notarized letter of authorization from the landowner permitting a representative to process the application.

(5)

Plat exhibit (described in subsection (E) below).

(6)

Development reports (described in subsection (F) below).

Plat exhibit. The final plat shall substantially conform to the approved preliminary plan and the board of trustees' conditions of approval.

(1)

The final plat will be prepared by or under the supervision of a registered professional land surveyor licensed with the state for recording in the office of the county clerk and recorder. It shall be a neat, clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn plats will be rejected.

(2)

The final plat shall be either an original drawing using only permanent black ink that will adhere to drafting films (no ballpoint, transfer type or sticky-backs are permitted) or an acceptable photographic reproduction (fix-line, emulsion down) of an original drawing.

(3)

The final plat will be prepared on 24-inch high by 36-inch wide flat, splice-less, tapeless and creaseless sheets of double matte Mylar film with a uniform thickness of not less than three-thousandths (.003) of one inch. A margin line shall be drawn completely around each sheet leaving a margin at least one-half-inch on all sides entirely blank.

(4)

The final plat shall be drafted at a scale that best conveys the detailed survey, engineering and design of the subdivision and confines the drafting error to less than one percent. Acceptable scales are one inch equals 50 feet, or one inch equals 100 feet and, for subdivisions exceeding 100 acres, one inch equals 200 feet. When a proposal requires multiple sheets, a composite, on a 24-inch by 36-inch paper, shall be provided that delineates the boundaries and identifies each sheet number.

(5)

The title shall be placed at the top of the sheet along the long dimension of each sheet and shall include the name of the proposed subdivision or planned development and filing number (where applicable). If part of a planned development, the planning area shall be included under the title. A general legal description stating the aliquot portion of the section, township, range, N.M.P.M., and Town of Bayfield, County of La Plata, State of Colorado, shall be included under the name and planning area. On the title sheet (sheet #1), under the general legal description, include the total acreage and the total number of lots. The name of the builder, product line or marketing name may only be used as a descriptor along the bottom of the sheet. Subdivision names shall not duplicate existing subdivision names or planned unit developments.

(6)

A block in the lower right-hand corner shall include the following: the preparation date; a north arrow designated as true north; a written and graphic scale; the names and addresses of the applicant, developer, engineer or surveyor who prepared the exhibit; and the number of the sheet and the total number of sheets.

(7)

A vicinity map that depicts the area to be subdivided and the area which surrounds the proposed subdivision within a one-mile radius.

(8)

When the land is zoned planned unit development, a vicinity map that depicts the area to be subdivided superimposed on the development plan or filing map at a scale of one inch equals 2,000 feet.

(9)

A written metes and bounds legal description of the subdivision boundary with a map showing all information as required in the Colorado Revised Statutes shall be clearly and prominently indicated on the final plat. The names and locations of all abutting subdivisions and the locations of all abutting unplatted parcels and public lands shall be depicted. All lines, names and descriptions on the final plat which do not constitute a part of the subdivision shall be depicted in dashed or screened lines. Any area enclosed by the subdivision, but not a part thereof, shall be labeled "Not a part of this subdivision."

(10)

Deleted lot lines, easements or rights-of-way will be shown on the plat in dashed lines, or screened, with a note and arrow pointing to the item to be vacated, stating that the lot line, easement or right-of-way is hereby vacated. (Dashed lines shall be graphically different for existing vs. proposed vs. deleted with a legend provided.)

(11)

Display ties to aliquot section corners and to the state grid, if available, which 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-hundredth (0.01) 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-hundredth (0.01) foot.

(12)

All lots, tracts and appropriate building envelopes, shall be located, identified and labeled with the appropriate dimension with sufficient linear, bearing and curve data. No ditto marks shall be used for dimensions. All lots and, whenever practical, blocks shall be shown in their entirety on one sheet. Lots shall be consecutively numbered and tracts shall be lettered alphabetically and in consecutive order. Include the acreage within each lot or tract, or include in a table to the nearest one-hundredth (0.01) of an acre. On residential subdivisions, tracts shall be used exclusively for nonresidential property, such as areas to be dedicated for park and school sites. All parcels or areas of land inadvertently created and not identified shall be presumed to be outlots and shall not be considered to be building lots.

(13)

All road names, right-of-way widths at each leg of an intersection, at point of curve and point of tangent, at dead-ends and at angle points; and right-of-way lines with accurate bearings and dimensions, including chord lengths and bearings, central angles and radii of all curves. If any road in the subdivision is a continuation or approximately a continuation of an existing public road, the conformity or the amount of conformity of the new road to the existing road shall be accurately shown. Whenever the centerline of a road has been established or recorded, the date shall be shown on the final plat.

(14)

The purpose, widths and location (with fine dashed lines) of all easements and all abutting easements. Any easement already of record must be definitely located, and a statement of its existence, the nature thereof and its recorded reference must appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement must be shown with an arrow or so shown that the plat will indicate clearly the actual length of the lot lines. The widths of all easements and sufficient data to definitely locate the same with respect to the subdivision and each lot must be shown. All easements must be clearly labeled and identified. If an easement shown on the plat is already of record, its recorded reference must be given. If an easement is being dedicated by the plat, it shall be set out in the owner's certificate of dedication. A plat note may be necessary to provide complete information of the purpose of the easement.

(15)

Accurately locate 100-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, streams, rivers, lakes, inlets, storm sewers and culverts on the affected property.

(16)

The following certifications on a single sheet: surveyor, board of trustees, county clerk and recorder, title verification, dedication statement and planning commission.

(17)

Plat notes which adequately explain information pertinent to the execution and maintenance of the subdivision, including the ownership of tracts, reference to the subdivision improvements agreement and conservation easements, maintenance responsibility for private roads, easements and tracts, and limitations on wells or septic systems. The developer shall provide for the construction, at no cost to the town, of traffic signalization, all utilities and other public infrastructure, as required by the board of trustees, and provide bonding or other security needed to ensure such improvements, as required by the board of trustees.

Final development reports. The applicant shall submit the supporting materials necessary for the review of the final plat which address the following items:

(1)

Final drainage report, if revisions were required at the time of preliminary plan approval, and drainage construction drawings.

(2)

Final traffic impact study, if revisions were required at the time of preliminary plan approval.

(3)

Final geotechnical report, if revisions were required at the time of preliminary plan approval.

(4)

Final road construction plans.

(5)

Final utility construction drawings prepared in accordance with the requirements of the appropriate service provider.

(6)

Park facilities master plan and construction plans.

(7)

Construction cost estimates for all public improvements.

(8)

A signed copy of the subdivision improvement agreement for subdivisions, and public improvement agreement for projects not subject to a subdivision.

(9)

Landscape plan.

(10)

Lighting plan.

(11)

A signed warranty deed must be provided, if such has been required, conveying certain tracts, or the development rights to such tracts, to the appropriate entity for public use.

(12)

Warranty deeds to the town shall be provided for rights-of-way and adjacent to the subdivision reflecting the appropriate widths. The final plat shall not be recorded until all warranty deeds are executed and accepted by the town.

(13)

Final environmental clearances, if revisions were required at the time of preliminary plan approval.

Recordation procedure. Prior to the town's recognition of subdivided land, the approved final plat shall be recorded in the office of the county clerk and recorder.

(1)

The applicant shall amend the final plat document in accordance with the board of trustees' approval, as necessary.

(2)

Within 90 calendar days of approval of the final plat, unless stated otherwise in such approval, the applicant shall submit: three photographic Mylar copies (fix-line, emulsion down) of the approved final plat ready for recordation (except for town signatures); all required documentation; and all mapping and recordation fees to the town. The applicant shall also provide the security in the form of a letter of credit approved by the town or cash to cover the cost of construction of the public improvements in accordance with the requirements of the subdivision improvement agreement.

(3)

Within 30 calendar days of receipt of the final plat, the town shall obtain all town signatures, as required, and record the final plat.

Expiration of approval.

(1)

Within 90 calendar days of approval of the final plat, the applicant shall submit the approved final plat and all required documentation to the town ready for recordation, unless stated otherwise in such approval. Within 30 days of receipt of the final plat, the town shall obtain the town signatures, as required, and record the final plat.

(2)

Failure by the applicant to submit all required documentation within 90 days shall render approval of the final plat null and void and result in the necessity for the resubmittal of a preliminary plan, if the preliminary plan has expired, and final plat, along with all required fees and documentation.

(3)

The board of trustees may grant no more than one extension of time, of no more than 30 calendar days, upon a written request by the applicant for good cause being shown.

(4)

An extension request shall include a fee and a narrative stating the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood and any changes in the town comprehensive plan or this Land Use Code that have occurred since approval of the plat as these changes affect the plat and the anticipated time schedule for completing the platting process. Additional review of the plat may occur resulting in additional conditions as applicable.

(Ord. No. 480, 7-19-22)

Sec. 3-7. - Minor development.

Intent. The creation of four or fewer lots, parcels or tracts of land with one principal use on each lot and adjoining a public street is considered for this purpose as a minor development in order to streamline the review process for minor subdivisions. However, if new or private roads need to be created, or if common areas are proposed to be altered, the applicant shall comply with the large subdivision requirements as outlined in section 3-3 of this article.

Prerequisite. Prior to submittal of a minor development application, the applicant shall meet with the land use administrator to discuss the procedure and submittal requirements. If it is determined that the applicant is using the minor development process to circumvent the subdivision process such as the submittal of adjoining multiple minor developments, the applicant shall be required to comply with section 3-3 of this article. A minor development shall not be permitted if the subdivision creates a nonconforming parcel, or in the case of an existing nonconforming lot or parcel, a minor development shall not increase the nonconformity.

Submittal process.

(1)

The applicant shall submit one copy of the minor development final plat and all supporting information to the town.

(2)

The submittal shall be reviewed for completeness within 21 calendar days. The applicant shall be notified of any inadequacies. An incomplete submittal shall not be processed.

(3)

Once the submittal is determined complete, the town will notify the applicant of the number of copies of the final plat required for distribution to referral agencies. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The town shall mail the referral packets.

(4)

All minor development applications shall be submitted to the departments and agencies for review and comment as listed under section 3-4(B)(4) of this article.

(5)

The applicant shall notify any adjacent landowners of the minor development application as required by the town.

(6)

The referral agencies shall comment within 21 calendar days of receiving a complete submittal. The applicant is encouraged to meet with the referral agencies to address any issues prior to the end of the referral period.

(7)

When the land use administrator has accepted all final engineering plans and the final plat in writing, the minor development final plat shall be scheduled for a public hearing in front of the planning commission. The town will notify the applicant of the date and time of the public meeting.

(8)

The applicant is responsible for providing public notice prior to the planning commission hearing in compliance with the public notice requirements in section 3-2 of this Land Use Code.

(9)

The planning commission shall evaluate the application, referral comments and public testimony and make a recommendation to the board of trustees to approve, approve with conditions, continue for additional information or for further study or deny the minor development final plat. The planning commission's decision shall be based on the evidence presented, compliance with the adopted standards, regulations and policies and other guidelines.

(10)

Following the recommendation by the planning commission, the town will schedule the minor development final plat with the board of trustees and notify the applicant of the public hearing date and time. When required, the subdivision improvement agreement shall be approved by the town attorney and signed by the applicant prior to minor development final plat approval by the board of trustees. Construction plans and cost estimates for public improvements, if any, shall be approved prior to scheduling before board of trustees.

(11)

The applicant is responsible for providing public notice prior to the board of trustees hearing in compliance with the public notice requirements in section 3-2 of this Land Use Code.

(12)

The board of trustees shall evaluate the minor development plat, referral agency comments, planning commission recommendations and public testimony and shall either approve, conditionally approve, continue for additional information or for further study, or deny the minor development final plat. The board of trustees' action shall be based on the evidence presented, compliance with the appropriate standards, regulations and policies and other guidelines.

(13)

If denied by the board of trustees, the submittal of a new application and processing fee shall be required in order to pursue the proposed subdivision. A resubmittal of the minor development final plat for the same or substantially same request, as determined by the board of trustees, shall not be accepted within one year of such denial.

General submittal requirements.

(1)

Completed land use application.

(2)

Application fee.

(3)

A copy of the recorded warranty deed and title commitment or updated title commitment current within 30 calendar days.

(4)

A notarized letter of authorization from the landowner permitting a representative to process the application.

(5)

Plat exhibit (described in subsection (E) below).

(6)

Development reports (described in subsection (F) below.

Plat exhibit.

(1)

The minor development final plat shall be prepared by or under the supervision of a registered professional land surveyor or engineer licensed with the state for recording in the office of the county clerk and recorder. It shall be a neat clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn plats shall be rejected.

(2)

The minor development final plat shall be either an original drawing using only permanent black ink that will adhere to drafting films (no ballpoint, transfer type or sticky-backs are permitted) or an acceptable photographic reproduction (fix-line, emulsion down) of an original drawing.

(3)

The minor development plat shall be prepared on 24-inch high by 36-inch wide flat, splice-less, tapeless and creaseless sheets of double matte Mylar film with a uniform thickness of not less than three thousandths (.003) of an inch. A margin line shall be drawn completely around each sheet leaving a margin at least one-half-inch on all sides entirely blank.

(4)

The minor development final plat shall be drafted at a scale that best conveys the detailed survey, engineering and design of the subdivision and confines the drafting error to less than one percent. Acceptable scales are one inch equals 50 feet, or one inch equals 100 feet and, for subdivisions exceeding 100 acres, one inch equals 200 feet. If a proposal requires multiple sheets, a composite, on 24-inch by 36-inch paper, shall be provided that delineates the boundaries and identifies each sheet number.

(5)

The title shall be placed at the top of the sheet along the long dimension of each sheet and shall include the name of the proposed subdivision or and filing number (where applicable). If part of a planned unit development, the planning area shall be included under the title. A general legal description stating the aliquot portion of the section, township, range, N.M.P.M., and Town of Bayfield, County of La Plata, State of Colorado, shall be included under the name and planning area. On the title sheet (sheet #1), under the general legal description, include the total acreage and the total number of lots. The name of the builder, product line or marketing name may only be used as a descriptor along the bottom of the sheet. Subdivision names may not duplicate existing subdivision names or planned unit developments.

(6)

(7)

A vicinity map that depicts the area to be subdivided and the area which surrounds the proposed subdivision within a one-mile radius.

(8)

When the land is zoned planned development, a vicinity map that depicts the area to be subdivided superimposed on the development plan or filing map at a scale of one inch equals 2,000 feet.

(9)

(10)

Display ties to aliquot section corners and to the state grid, is available, which shows 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-hundredth (0.01) 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-hundredth (0.01) foot.

(11)

All lots, tracts and appropriate building envelopes shall be located, identified and labeled with the appropriate dimension with sufficient linear, bearing and curve data. No ditto marks shall be used for dimensions. All lots and, whenever practical, blocks shall be shown in their entirety on one sheet. Lots shall be consecutively numbered and tracts shall be lettered alphabetically and in consecutive order. Include the acreage within each lot or tract to the nearest one-hundredth (0.01) of an acre. On residential subdivisions, tracts shall be used exclusively for nonresidential property, such as areas to be dedicated for park and school sites. All parcels or areas of land inadvertently created and not identified shall be presumed to be outlots and shall not be considered to be building lots.

(12)

All road names, right-of-way widths at each leg of an intersection, at point of curve and point of tangent, at dead-ends and at angle points; and right-of-way line with accurate bearings and dimensions, including chord lengths and bearings, central angles and radii of all curves. If any road in the subdivision is a continuation or approximately a continuation of an existing public road, the conformity or the amount of conformity of the new road to the existing road shall be accurately shown. Whenever the centerline of a road has been established or recorded, the date shall be shown on the final plat.

(13)

The purpose, widths and location (with fine dashed lines) of all easements and all abutting easements. Any easement already of record must be definitely located, a statement of its existence, the nature thereof and its recorded reference must appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement must be shown with an arrow or so shown that the plat will indicate clearly the actual length of the lot lines. The widths of all easements and sufficient data to definitely locate the same with respect to the subdivision and each lot must be shown. All easements must be clearly labeled and identified. If an easement shown on the plat is already of record, its recorded reference must be given. If an easement is being dedicated by the plat, it shall be set out in the owner's certificate of dedication. A plat note may be necessary to provide complete information of the purpose of the easement.

(14)

Accurately locate 100-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, streams, lakes, inlets, storm sewers and culverts on the affected property.

(15)

The following certifications on a single sheet: surveyor, board of trustees, county clerk and recorder, title verification, dedication statement and planning commission.

(16)

Plat notes which adequately explain information pertinent to the execution and maintenance of the subdivision, including the ownership of tracts, reference to the subdivision improvements agreement and conservation easements, maintenance responsibility for private roads, easements and tracts, and limitations on wells or septic systems. The developer shall provide for the construction, at no cost to the town, of traffic signalization, all utilities and other public infrastructure, as required by the board of trustees, and provide security needed to ensure such improvements, as required by the board of trustees.

Development reports. The applicant shall submit the supporting materials necessary for the review of the minor development final plat which address the items listed below.

(1)

Final drainage report and drainage construction drawings.

(2)

Final utility construction drawings prepared in accordance with the requirements of the appropriate service provider.

(3)

Construction cost estimates for all public improvements.

(4)

A signed copy of the subdivision improvement agreement.

(5)

A signed warranty deed must be provided, if such has been required, conveying certain tracts, or the development rights to such tracts, to the appropriate entity for public use.

(6)

Warranty deeds to the town shall be provided for rights-of-way adjacent to the subdivision reflecting appropriate widths. The final plat shall not be recorded until all warranty deeds are executed and accepted by the town.

(7)

Traffic, environmental and geotechnical impact analysis, if necessary as determined by the board of trustees.

(8)

A utility infrastructure analysis.

(9)

(10)

Evidence of the physical capability to provide sanitation.

Recordation procedure. See subsection 3-6(G) of this article for recordation procedures.

Expiration of approval.

(1)

Within 90 calendar days of approval of the minor development final plat, the applicant shall submit the approved final plat and all required documentation to the town ready for recordation, unless stated otherwise in such approval. Within 30 calendar days of receipt of the final plat, the town shall obtain the town signatures, as required, and record the final plat.

(2)

Failure by the applicant to submit all required documentation within 90 calendar days shall render approval of the minor development final plat null and void and result in the necessity for the resubmittal of a minor development plat, along with all required fees and documentation.

(3)

The board of trustees may grant no more than one extension of time, of no more than 30 calendar days, upon a written request by the applicant for good cause being shown.

(4)

An extension request shall include a fee and a narrative stating the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood and any changes in the town comprehensive plan or this Land Use Code that have occurred since approval of the plat as these changes affect the plat and the anticipated time schedule for completing the platting process. Additional review of the plat may occur resulting in additional conditions as applicable.

Sec. 3-8. - Replat, vacation, or lot consolidation.

Intent. The intent of this section is to provide a process of review for changes to a recorded plat that ensures the changes are consistent with the zoning district requirements, including, but not limited to, the following:

(1)

Replat of a lot or tract, adjustment or vacation of a lot line, vacation of a plat without rights-of-way or easements; or

(2)

Adjustment or vacation of right-of-way, easement or portion thereof.

Submittal process.

(1)

The submittal process shall vary according to the nature of the proposed amendment based on, but not limited to, the following: degree of change, design, size, and impact to public facilities, services, roads and overall impacts.

(2)

An amendment to a recorded plat due to an error or omission shall be processed in accordance with subsection (3)(a) below.

(3)

A replat of a lot or tract, an adjustment or vacation of a lot line, a vacation of a plat (without rights-of-way or easements) or a minor reconfiguration of an easement shall be processed as follows:

Administrative approval. The land use administrator shall have the authority to administratively approve lot line adjustments and lot consolidations for existing platted lots within a business or industrial zoning district, provided all of the following conditions exist:

The total number of lots is not increased; and

No vacation or relocation of a street or other public easement or right-of-way is involved; and

The requested action does not create an amended parcel in excess of five acres; and

There is no change in the allowable land uses and the allowable land uses of all lots to be combined are the same; and

The consolidation or adjustment will not impair the lawful use of any adjoining parcel of property; and

All owners of the property and any mortgagees consent to the requested amendment.

(4)

When determined by the land use administrator to be substantial, the replat shall be processed in accordance with the large subdivision requirements outlined in section 3-3 of this article. These processes may be combined or processed as minor development based upon, but not limited to, the following factors: design size, public concern, public facilities, services, and access and transportation network.

(5)

For a vacation of a platted public right-of-way, a public hearing is required by the planning commission and board of trustees. Public notice shall be required for both the planning commission and the board of trustees hearing in accordance with section 3-2 this Land Use Code. (Note: An access easement or trail, shall be considered a right-of-way.)

(6)

For a vacation of a platted public easement, public notice shall be required for the board of trustees hearing in accordance with section 3-2 of this Land Use Code. In addition, the applicant shall send a notice of hearing to known easement holders notifying them of the proposed vacation by certified mail, return receipt requested.

(7)

A vacation of an unplatted easement or right-of-way shall be processed as follows:

An ordinance shall be prepared that includes the legal description of the right-of-way or easement to be vacated and the book and page numbers as recorded by the county clerk and recorder.

The vacation request shall be heard by the planning commission and board of trustees at a public hearing. Public notice shall be required in accordance with section 3-2 of this Land Use Code. The ordinance shall be recorded in the office of the county clerk and recorder upon obtaining the signature of the mayor.

(8)

An amendment to a plat which includes a redesign of streets, blocks, lots and easements shall be processed according to the large subdivision requirements outlined in section 3-3 of this article.

General submittal requirements.

(1)

Submittals shall be consistent with the final plat requirements. The title shall be the same as the previously recorded plat followed by the amendment number along the first line at the top of the sheet (along the long dimension). The planning area, if applicable, and a brief description of all the changes shall be placed under the title.

(2)

Lot numbers. The lots shall be numbered consecutively starting with the number 1. Tracts shall be lettered alphabetically in consecutive order. Include the square footage within each lot.

Development report. Development reports may be required based on the potential impacts of the replat, vacation, or lot consolidation.

Recordation procedure. See section 3-6(G) for recordation procedure.

Expiration of approval.

(1)

Within 90 calendar days of approval of the replat, vacation or lot consolidation final plat, the applicant shall submit the approved final plat and all required documentation to the town ready for recordation, unless stated otherwise in such approval. Within 30 days of receipt of the final plat, the town shall obtain the town signatures, as required, and record the final plat.

(2)

Failure by the applicant to submit all required documentation within 90 calendar days shall render approval null and void and result in the necessity for the resubmittal of a plat, along with all required fees and documentation.

(3)

No extensions shall be granted.

Sec. 3-9. - Site plan standards and procedures.

Intent. It is the intent of this section to promote orderly and sound development standards for development within the town. These site development standards are intended to enhance and protect the community's natural as well as man-made environments.

General requirements.

(1)

Site development regulations shall apply to all new uses or changes in uses, buildings or structures, parking lots, and drainage structures or additions thereto, within all the zoning districts of the town, except, unless otherwise specified, single-family residential (R-10, R-20, R-40, and low, medium and high-density residential).

(2)

No site plan will be approved prior to the platting of the subject property. A final plat or minor development plat may be submitted simultaneously with the proposed site plan upon approval of the board of trustees. In such cases, approval of the site plan application may be made conditional upon the final approval of the subdivision plat by the board of trustees.

(3)

No building permit for any use described in subsection (1) above shall be issued for the construction of any new building, structure or improvement to the site or any addition or alteration to the structure or site, including exterior materials or colors, without first obtaining the approval of a site plan for the proposed use.

(4)

No overlot grading, drainage work, parking lot construction or other site improvements will be allowed, unless specifically provided for by the land use administrator, without first obtaining approval of a site plan for the proposed use.

(5)

No certificate of occupancy will be issued until all improvements approved as part of the site plan have been completed.

(6)

The site development standards outlined by this section apply throughout the zoning districts and uses outlined in subsection (1) above. These standards are in addition to any other development or design standard which may otherwise be applicable to a particular property or specific area within the town. In the case of any perceived conflict among applicable development standards, the more restrictive standard will apply.

(7)

The following items, unless otherwise waived, must be addressed on all site plan submittals:

Rooftop mechanical structures must be fully screened either separately or by parapet height to a point level with the top of such structure;

Trim schemes shall appear on all sides of the building; and

Parking, landscaping, lighting, signage, grading and drainage.

(8)

The town may require public improvements to be constructed as a condition of site plan approval. Any such improvements shall be reasonably related to the proposed use and may include, but not be limited to, street widening, accel/decel lanes, access control devices, traffic signals, water and sewer lines, pedestrian/bicycle trails or other related improvements.

Submittal process.

(1)

The applicant shall submit one copy of the site plan and all supporting information to the land use administrator.

(2)

The submittal shall be reviewed for completeness within 21 calendar days. The applicant shall be notified of any inadequacies. An incomplete submittal shall not be processed.

(3)

Once the submittal is determined complete, the land use administrator will notify the applicant of the number of copies of the site plan required for distribution to referral agencies. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The town shall mail the referral packets, unless otherwise arranged.

(4)

(5)

When the land use administrator has approved all site plan submittals for compliance with the Town of Bayfield Land Use Code, ordinances, resolutions, standards, and specifications, and other guidelines, the land use administrator shall issue an administrative permit for site plan approval or place on the agenda for the next planning commission meeting.

(6)

Site plan and building permit applications may be submitted at the same time and processed concurrently.

(7)

If and when the application is approved or conditions for approval have been met, a building permit may be issued upon the request of the applicant. The certificate of occupancy will be issued, provided that:

Landscaping requirements have been met by the applicant.

A final grading and drainage plan is approved by the town engineer.

Parking lots and drainage facilities are in and are useable.

Sufficient fire flows or protections are present and accepted by the Upper Pine Fire Protection District.

Necessary grease and/or sand/oil separators are installed and operational.

Water backflow prevention devices are installed and operational.

All fees have been paid.

Any other requirements made by the building official, utilities or other agencies are satisfied.

Submittal requirements.

(1)

Completed development application form and the appropriate fees.

(2)

Site plan (24 inches by 36 inches) prepared in accordance with site plan exhibit listed below.

(3)

A narrative outlining the proposal.

(4)

A copy of the warranty deed and title commitment current within 30 calendar days of submittal.

(5)

A disclosure letter.

(6)

Requested copies of the grading and drainage plan (folded to nine inches by 12 inches). If already approved as part of a subdivision, an engineer stamped drainage letter stating that improvements will not necessitate additional drainage requirements.

(7)

Requested number of copies of the landscape plan (folded to nine inches by 12 inches).

(8)

Requested number of copies of the building elevations (folded to nine inches by 12 inches) to include rooftop mechanical structures.

(9)

Failure to submit all required documentation will result in a delayed application. Additional information may be requested after the formal application is received.

Submittal standards.

(1)

Site plan exhibit. The proposed site plan shall be prepared by a qualified professional (architect, planner, land planner or engineer) and drawn on one or more sheets of paper measuring 24 by 36 inches with a minimum scale of one inch equals 50 feet. Scales drawn at one inch equals 40 feet, one inch equals 30 feet, one inch equals 20 feet and one inch equals ten feet will be acceptable. Each site plan will be signed by the applicant and shall contain the following information:

Date of preparation.

North arrow with written and graphic scale.

Vicinity map showing the relationship of the site to the surrounding area within a one-half-mile radius.

Listings of the gross, lot and net acreage of each proposed use, as well as the number of dwelling units and/or the number of buildings and gross floor area.

The existing grading and drainage information on the site drawn at five-foot intervals and related to United States Geological Survey (USGS) datum, as well as finished grades and contours proposed by the applicant.

The size and location of all existing and proposed public and private utility and emergency easements or other rights-of-way.

The building envelope, size, setback dimensions and height of all proposed structures and all existing structures which are to be retained on the site.

Location, dimensions and names of adjacent streets, and proposed internal streets showing center line radii and curb return radii.

The location and dimensions of bike/pedestrian paths and walkways.

The location, dimensions and number of bicycle storage spaces or facilities.

Listings of the number of all parking stalls as well as indicating the number of compact cars and accessible spaces.

The proposed layout of the parking lot, including location and dimensions of parking spaces, curb islands, internal planter strips, maneuvering aisles and access driveways with indication of direction of travel.

Location of all exterior lighting, signage and fencing used to divide properties and to screen mechanical equipment and trash receptacles. All trash receptacles shall be screened by a solid fence surrounding at least three sides of the container.

Existing specific physical features on the site, including drainage ways, lakes, buildings and structures, with indication as to which are to be retained.

Adjacent properties and their physical features within 50 feet of the property line, including setback dimensions of adjacent structures.

The location and dimensions of landscaped areas, location and names of all plant material and ground cover, and the location of other pertinent landscape features.

Location of all existing and proposed recreational amenities such as open play areas, swimming pools, tennis courts, tot lots and similar facilities.

Other information which shall be required, but need not be designated on the site plan includes:

A metes and bounds description of the property verified and signed by a registered land surveyor in the state. If the site is on a portion of land that has an existing recorded plat, a legal description referencing lot, block and subdivision name will be sufficient.

A copy of the executed covenants (when applicable).

A copy of the approved development guide and plan required by the planned unit development PUD (when applicable).

Additionally, the applicant shall provide any reasonable information not covered above to aid in the review of the request by the town. Such items include traffic studies, soil information, wetland delineations, etc.

(2)

Site plan narrative. The applicant shall submit a narrative which includes the following information:

Applicant's name.

Description of the general proposal.

Present zoning.

General development schedule and phasing plan when the project is not constructed at one time.

(3)

Deed. The applicant shall submit a copy of the most recent deed recorded with the county clerk and recorder.

(4)

Grading and drainage plan. Each request for site plan approval shall be accompanied by a grading and drainage plan, if a final drainage plan as part of a subdivision has not been approved. Three copies of the proposed grading and drainage plan prepared by a professional engineer or architect shall be submitted to the town with the site plan submittal and then forwarded to the office of the town engineer. Review of the grading and drainage plan will be simultaneous with that of the site plan.

(5)

Landscape plan. Each request for a site plan approval shall be accompanied by a landscape plan prepared by a qualified professional and drawn on one sheet of paper measuring 24 inches by 36 inches with a minimum scale of one inch equals 50 feet. Larger scales are encouraged to effectively portray the landscape plan. The landscape plan shall contain the following information:

Date of preparation.

Scale and north arrow.

Building footprint.

Parking lots.

Location, quantity and size of landscape materials. The location of all landscape materials shall be shown on the plan, accompanied by a chart showing the quantity planted, mature size and years to maturity, and common names of the plant materials.

A calculation of the percentage of the site that is landscaped.

(6)

Building elevations. Each request for site plan approval shall be accompanied by a set of elevations of the proposed buildings or structures. These drawings shall include front, rear and side elevations accurately depicting the finished building or structure on the site. Perspective renderings showing the building in one or more oblique angles, scale models, photographs or similar structures, or other similar techniques may also be submitted. In addition to this submittal, the following information shall be supplied:

All exterior surfacing materials and colors shall be specified on the plans.

Outdoor lighting, furnishings and architectural accents shall be specified on the plans.

Any proposed signage for the site and its placement in relationship to the building or structure shall be indicated on the plan.

Sec. 3-10. - Amendments to official zoning map.

Intent.

(1)

The purpose of this section is to establish the procedure and requirements for requested amendments to the official zoning map.

(2)

Any amendments to the official zoning map (rezoning) shall be processed according to the procedures and requirements of subsections (B) through (D) below.

Submittal process.

(1)

The applicant shall submit one copy of the rezoning application and all supporting information to the town.

(2)

The submittal shall be reviewed for completeness within 21 calendar days. The applicant shall be notified of any inadequacies. An incomplete submittal shall not be processed.

(3)

Once the submittal is determined complete, the town will notify the applicant of the number of copies of the application materials required for distribution to referral agencies. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The town shall mail the referral packets.

(4)

All rezoning applications shall be submitted to the appropriate departments and agencies for review and comment as listed under section 3-4(B)(4) of this article.

(5)

The applicant shall notify any adjacent landowners and homeowners' association of the rezoning application as required by the town.

(6)

(7)

When the land use administrator has accepted all final rezone materials in writing, the rezone shall be scheduled for a public hearing in front of the planning commission. The town will notify the applicant of the date and time of the public meeting.

(8)

The applicant is responsible for providing public notice prior to the planning commission hearing in compliance with the public notice requirements in section 3-2 of this Land Use Code.

(9)

The planning commission will review the referral comments. The planning commission shall evaluate the application, referral comments and public testimony and make a recommendation to the board of trustees to approve, approve with conditions, continue for additional information or for further study, or deny the rezone request. The planning commission's decision shall be based on the evidence presented, compliance with the adopted standards, regulations and policies and other guidelines.

(10)

Following the recommendation by the planning commission, the town will schedule the rezone with the board of trustees and notify the applicant of the public hearing date and time.

(11)

The applicant is responsible for providing public notice prior to the board of trustees hearing in compliance with the public notice requirements in section 3-2 of this Land Use Code.

(12)

The board of trustees shall evaluate the rezone request, referral agency comments, planning commission recommendations and public testimony and shall make one of the following actions:

Approval of the request, without conditions;

Conditional approval of the request, indicating for the record what conditions shall be attached to the proposal;

Denial of the request, indicating for the record the reasons for the recommendation of denial; or

With the consent of the applicant, continue the request until the next available meeting in order to obtain more information to help clarify or support the request before it.

The board of trustees' action shall be based on the evidence presented, compliance with the appropriate standards, regulations and policies and other guidelines.

(13)

If the board of trustees decides to rezone the property, the board of trustees shall adopt an ordinance rezoning the property. To this ordinance will be attached the development plan and guide, if planned unit development zoning is proposed.

(14)

If denied by the board of trustees, the submittal of a new application and processing fee shall be required in order to pursue the proposed rezone. A resubmittal of the rezone request for the same or substantially same request, as determined by the board of trustees, shall not be accepted within one year of such denial.

(15)

The planning commission and board of trustees, in review of rezoning requests, shall consider the following factors:

A need exists for the proposal;

The particular parcel of ground is indeed the correct site for the proposed development;

There has been an error in the original zoning;

There have been significant changes in the area to warrant a zone change;

Adequate circulation exists and traffic movement would not be impeded by development;

Additional municipal service costs will not be incurred which the town is not prepared to meet;

There are minimal environmental impacts or impacts can be mitigated;

The proposal is consistent with the town master plan maps, goals and policies;

There is adequate waste and sewage disposal, water, schools, parks and recreation, and other services to the proportional degree necessary due to the impacts created by the proposed land use.

Submittal requirements.

(1)

The applicant shall submit the following information to the land use administrator. Additional information may be requested after the formal application is received:

A completed development application form and appropriate rezoning fees.

A narrative outlining the proposal.

A copy of the recorded warranty deed and title commitment current within 30 days.

An alphabetical list of all property owners within 200 feet of the affected property.

A copy of the rezoning map, including a written legal description (folded to nine inches by 12 inches) and area to be rezoned and prepared in accordance with this section. Additional copies may be requested for referral.

If planned development zoning is proposed, a copy of the development plan (folded to nine inches by 12 inches) and guide prepared in accordance with this section. Additional copies may be requested for referral.

A disclosure letter if the applicant is different from the landowner.

(2)

Rezoning request narrative. The applicant shall submit a narrative that includes the following information:

The applicant's name.

Description of the general proposal.

Present zoning and land use on and surrounding the site and proposed zoning.

Description of how the proposed rezoning meets the criteria of section 3-10(B)(15);

General development schedule and phasing plan when the project is not constructed at one time.

Statement of consistency with the town master plan.

Description of water and sewer systems proposed to serve the site.

Rezoning map exhibit. The rezoning map for a proposed site shall be prepared in a clear and legible manner. The land use administrator may reject and return any formal submittal that does not display the required information or is done in an unacceptable manner (i.e., poor drafting, inaccuracies, etc.). The plan shall be prepared at a scale of one inch equals 100 feet, one inch equals 200 feet, or another scale approved by the land use administrator which allows for maximum clarity of the proposal. Each rezoning map shall contain the following information:

(1)

All adjacent land owned by the applicant; land not part of the proposed request shall be noted as an exception and/or indicate intended current or future use of the land.

(2)

Graphically define all natural and man-made water courses, retention areas, streams and lakes. Any known 100-year floodplain affecting the property shall also be delineated.

(3)

Show topography on the site at 20-foot contours. Other significant topographical conditions should be shown at more defined contours.

(4)

Show public access to the proposed development or site.

(5)

Show all existing structures on the site, their uses and whether they are to remain on the site.

(6)

Delineate to appropriate scale existing easements on the site, their uses and who holds or owns the right to that easement.

(7)

North arrow with written and graphic scale, and indicate the preparation date of the plan.

(8)

Vicinity map showing the relationship of the site to the surrounding area within one mile.

(9)

Indicate the name, address and telephone number of the property owner, the applicant (if different) and the persons who prepared the submittal.

(10)

Show all existing and proposed streets, drives and roads on or affecting the site, and the names of existing streets on or adjoining the site.

(11)

Note existing land uses on adjoining properties and said properties' zoning.

(12)

Note existing zoning of the site, the proposed zoning of the site or the portion in the request, average lot size, proposed density and all public and/or private sources of utility services and facilities.

(13)

Provide an accurate legal description of the property being shown in the proposal.

(14)

Indicate the name of the proposal.

(15)

Indicate any land to be dedicated to the town.

(16)

Note on the plan any unique features on the site; historical features, unique land forms, views, etc.

(17)

In addition, at the request of the land use administrator, the applicant shall provide any reasonable information on the proposal when needed to help clarify the request being made.

Additional information. Depending upon the size and proposed land uses, the town may require, in its discretion:

(1)

A traffic impact study.

(2)

A fiscal impact study demonstrating the revenues and expenditures attributable to the proposed rezone.

(3)

Development guide and plan. If PD zoning is proposed, see below.

Development guide and plan. The development guide and plan shall reflect the variations in lot size, bulk, type of use or activity, density, lot coverage, open space or other regulations modified and approved by the board of trustees upon the recommendation of the planning commission. The general requirements of the development guide and plan are as follows:

The development plan shall be prepared at a suitable scale to clearly show the land uses proposed.

The plan shall illustrate land use areas, floodplains, parks, sites to be dedicated for public facilities, adjacent roadways and their classifications, internal arterial and collector roadways along with dimensioned rights-of-way, existing easements and other information as may be required to fully illustrate the proposal.

On the map will be included a land use schedule listing the various land use categories, acreages and number of units.

The development plan shall include the information required under "rezoning map."

Any planned development shall submit a development guide that establishes the standards, variations and requirements for the development which are divergent from the zoning regulations of the town. Those conditions established by a development guide and approved by the board of trustees shall be recorded and utilized for development and review of the project.

The uses permitted in a planned development shall be those permitted by right or by special review as indicated on the development guide.

Planned developments shall be under single development responsibility in accord with a unified plan for development, even though the property may be under single or multiple ownership. Each owner is responsible for developing his or her portion of the project in accord with the overall plan. The current and/or future owners and their assigns shall be required to develop the proposed project in accordance with the approved development guide.

The development guide shall not contain sections that propose standards for signs, landscaping or parking. This Land Use Code shall establish these regulations.

Recordation procedure. The ordinance establishing zoning shall be recorded in the office of county clerk and recorder.

Sec. 3-11. - Uses subject to review.

Intent. The uses within the zoning districts established by this Land Use Code or by a development guide as uses subject to review may be permitted in the designated districts upon approval by the planning commission following a public notice and hearing as described in this Land Use Code and subject to such conditions and safeguards as may be imposed by the town board.

Submittal process.

(1)

The applicant should meet with the staff of the town informally to discuss the request to be submitted and determine the requirements for such application.

(2)

The applicant shall submit one copy of the submittal to the town.

(3)

The submittal shall be reviewed for completeness within 21 calendar days. The applicant shall be notified of any inadequacies. An incomplete submittal or site plan shall not be processed.

(4)

Once the submittal is determined complete, the town will notify the applicant of the number of copies of the application and site plan required for distribution to referral agencies. Referral packets shall be provided by the applicant in unsealed manila envelopes, addressed to the appropriate referral agency, with all submittal information properly folded and compiled. The town shall mail the referral packets. The applicant shall distribute any revised plans, as required by the town.

(5)

The services and facilities provided by the referral agencies shall be considered by the planning commission as a factor in approval of the use subject to review. The criteria for evaluating sufficiency of the services that must be satisfied for the approval of the use shall be provided to the planning commission as a part of any referral response. All uses subject to review shall be submitted to the appropriate agencies and departments, as determined by the land use administrator.

(6)

The applicant shall notify and is encouraged to meet with adjacent landowners concerning the use subject to review as required by the town.

(7)

The referral agencies shall comment within 21 calendar days of receiving a complete submittal unless an extension of no more than 30 days is consented to by the applicant. The failure of any of these agencies to respond within 21 calendar days or within the period of an extension shall for the purpose of the hearing on the use be deemed an approval of such use. Referring agencies will provide the planning commission with a summary of any capacity evaluation study. The summary will include an explanation of the agency's assumptions regarding available capacity. The applicant is encouraged to meet with the referral agencies and other interested parties to address any concerns prior to the end of the referral period. The applicant is required to pay any fees assessed by referral agencies.

(8)

The land use administrator shall review the referral comments and notify the applicant of the hearing date and time.

(9)

The applicant is responsible for providing public notice prior to the planning commission hearing in compliance with the public notice requirements in section 3-2 of this Land Use Code.

(10)

The planning commission shall evaluate the application, site plan, referral comments, public testimony, and criteria for approval, and shall approve, conditionally approve, continue for additional information or for further study, or deny the use subject to review. The planning commissions' action shall be based on the evidence presented, compliance with the adopted standards, regulations and policies, criteria for approval and other guidelines.

(11)

The planning commission may approve a use subject to review subject to reasonable conditions which include, but are not limited to, the requirements that the proposed use:

Will be in harmony and compatible with the character of the surrounding areas and neighborhood;

Will not result in an over-intensive use of land;

Will not have a material adverse effect on community capital improvement programs;

Will not require a level of community facilities and services greater than is available;

Will not result in undue traffic congestion or traffic hazards;

Will not cause significant air, water or noise pollution;

Will be adequately landscaped, buffered and screened;

Will not otherwise be detrimental to the health, safety or welfare of present or future inhabitants of the town.

(12)

Uses subject to review shall be permitted for a duration of time specified by the planning commission, or until the land use changes, or is terminated, whichever occurs first. Each use is subject to review by the town, as often as the planning commission deems appropriate to ensure compliance with the criteria stated in subsection (B)(11) above and any other conditions of approval.

(13)

The planning commission is authorized to disapprove a use subject to review if such use is deemed to not be in conformity with the standards or intent of these regulations, the Land Use Code and the general principles set forth in the town master plan; or is deemed to create significant adverse impacts to the public served by the agencies named in this article; or if inadequate capacity exists and cannot be reasonably provided or anticipated in facilities provided by the agencies named in this article to serve the proposed development.

(14)

If denied by the planning commission, the applicant may appeal the decision to the board of trustees.

(15)

If denied by the board of trustees on appeal, the submittal of a new application and processing fee shall be required in order to pursue the proposed use. A resubmittal of the use subject to review application for the same or substantially same request, as determined by the planning commission, shall not be accepted within one year of such denial, unless otherwise approved by the board of trustees.

General submittal requirements.

(1)

Completed land use application.

(2)

Application fee.

(3)

A copy of the recorded warranty deed and title commitment or updated title commitment current within 30 days.

(4)

A notarized letter of authorization from the landowner permitting a representative to process the application.

(5)

Plat exhibit (described in subsection (D) below).

(6)

Development reports (described in subsection (E) below.

Site plan exhibit. The use subject to review site plan shall be prepared in accordance with section 3-9 of this Land Use Code, unless the land use administrator determines that the use and it impacts are not significant to require such site plan. Land use administrator has the authority to waive certain site plan requirements based on the scope of the requested use and impacts to adjacent properties, traffic and transportation, and public safety.

Development reports. The applicant shall submit the supporting materials necessary for the review of the use subject to review which address the items listed below, unless the land use administrator determines that the use and its impacts are not significant to warrant such development report.

(1)

Final drainage report.

(2)

Final grading and drainage plans.

(3)

Road construction plans.

(4)

Traffic impact study.

(5)

Construction cost estimates for all public improvements.

(6)

A signed copy of the development agreement.

(7)

A signed warranty deed must be provided, if such has been required, conveying certain tracts, or the development rights to such tracts, to the appropriate entity for public use.

(8)

Evidence that an adequate water supply, sufficient in terms of quality and quantity, is available for the use. For a use on land located within a water district, a letter of commitment to serve the proposed use stating the amount of water available for use and the feasibility of extending service to that area, if necessary.

(9)

Evidence of the physical capability to provide adequate water and sanitation.

(10)

Landscape plan.

(11)

Lighting plan.

(12)

Environmental clearances.

(13)

Floodplain report.

(14)

Geotechnical report.

Sec. 3-12. - Amendments to Land Use Code.

Procedure for amendments to article. Amendments to the Land Use Code may be proposed by property owners, town staff, the planning commission or the board of trustees in order to reflect trends in development or regulatory practices; to expand, modify or add requirements for development in general or address specific development issues; to add, modify or expand zoning districts; or to clarify or modify procedures for processing development applications. Such requests shall be processed as follows:

(1)

Submittal of application. The applicant will submit to the land use administrator a completed application form along with the appropriate fees. The application shall be accompanied by the full text of the proposed amendment, along with a narrative describing the proposed amendment and why an amendment is necessary. The land use administrator shall have ten days to review the application for completeness and clarity.

(2)

The land use administrator, at the discretion of the town manager, may send the proposed amendment out for referrals to various agencies that may be affected by the proposal. These agencies will have 21 calendar days to respond.

(3)

The land use administrator will schedule a public hearing before the planning commission according to the requirements of section 3-2 of the Land Use Code.

(4)

Planning commission hearings. The planning commission shall conduct a public hearing for the purpose of providing a recommendation to the board of trustees on the amendment. The planning commission may take any action as outlined in this Land Use Code.

(5)

Board of trustees hearings. The board of trustees shall conduct a public hearing to consider the amendment. Notice of the hearing shall be given as provided in section 3-2 the Land Use Code. The board of trustees, at the public hearing and after review and discussion of the proposal, shall take one of the following actions:

Approval of the request, with or without modifications.

Denial of the request, indicating for the record the reasons for the recommendation of denial.

With the consent of the applicant, continue the request until the next available meeting in order to obtain more information to help clarify or support the request before it.

(6)

If the board of trustees decides to approve the amendment, the board of trustees will adopt an ordinance amending this Land Use Code.

Sec. 3-13. - Amendment to the comprehensive plan.

Procedure for amendment to the comprehensive plan.

(1)

(2)

(3)

The land use administrator will schedule a public hearing before the planning commission according to the requirements of section 3-2 of the Land Use Code.

(4)

Planning commission hearings. The planning commission shall conduct a public hearing for the purpose of considering the amendment. The planning commission is the final decision maker on all requests to amend the comprehensive plan.

(5)

Board of trustees hearings. The board of trustees shall conduct a public hearing to ratify the planning commission's amendment to the comprehensive plan. Notice of the hearing shall be given as provided in section 3-2 of the Land Use Code.

(6)

If the planning commission and/or board of trustees decide to approve the amendment, the planning commission and board of trustees will adopt a resolution amending the comprehensive plan.

(7)

Review criteria. The comprehensive plan may be amended pursuant to the following criteria:

The amendment improves the implementation of one or more of the goals, policies and strategies of the comprehensive plan.

The amendment will not pose a detrimental impact on existing or planned town facilities, services or transportation facilities.

The amendment will not interfere with the existing or emerging land use patterns and densities and intensities of the surrounding neighborhoods as depicted on the land use plan and contained within the comprehensive plan.

The amendment will not interfere with or prevent the provision of any of the area's (neighborhood's) existing, planned or previously committed services.

Sec. 3-14. - Variance requests.

The town staff maintains a submission and review schedule indicating submittal deadlines for each planning commission and town board meeting. Applicants seeking a variance as defined in section 2-12 shall submit three copies of an application requesting a variance.

Submittal requirements:

(1)

Completed land use application.

(2)

Application for variance.

(3)

Narrative explaining the requested variance and justification for granting.

(4)

Copy of recorded warranty deed.

(5)

Notarized letter of authorization.

Plat exhibit. The land use administrator may consider variance requests involving slight modifications in the provisions of this Code, limited to the following:

(1)

Area requirements may be reduced by not more than ten percent of that required in the district.

(2)

Yard requirements may be reduced by permitting portions of a building to extend into and occupy not more than 20 percent of the area of a required setback.

(3)

Dimensional requirements within ten percent of the Code requirement.

The land use administrator will use the criteria listed in section 3-14(C)(1)—(3) below in consideration of the variances.

The planning commission will consider variance requests that are not considered by the land use administrator under the provisions of section 3-14(B)(1)—(3) above. The land use administrator shall schedule the variance request for a public hearing at the next available planning commission meeting. The land use administrator shall notify the applicant that the project has been officially filed and the applicant shall send a notice of the public hearing to adjacent property owners as described in section 3-2 of this Code. The applicant shall provide proof of mailing and a mailing list to the land use administrator before the date of the public hearing. At least five days before the scheduled hearing, the land use administrator shall provide a report containing an analysis of the request in terms of the potential impacts of approving or denying the request.

The planning commission shall consider the item in a public hearing in accordance with the procedures outlined in section 3-2. The planning commission will consider the application, the staff report and any materials and public testimony submitted at the hearing. The planning commission shall also consider the following criteria in their decision.

(1)

Are there exceptional or extraordinary circumstances or conditions applicable to the property that are not self-imposed hardships?

(2)

Is the variance necessary for the preservation and enjoyment of a substantial property right possessed by other similar property in the same vicinity and district?

(3)

Can the variance be granted without a detrimental impact on the public welfare or injury to the property or improvements in the vicinity?

After the close of the public hearing, the planning commission shall by motion approve, approve with conditions, or deny the application for a variance. The motion shall include findings that the variance does or does not meet the above listed criteria section 3-14(C)(1), (2) or (3), and may include conditions and limitations. All conditions and limitations must be met for the variance to be allowed.

Issuance of a variance shall authorize only the particular variation.

Variances to allow construction of improvements are valid for a period of six months from the date of approval of the variance. Construction of the improvements to be affected by the variance must have started before the six-month expiration date, or the variance will be declared void.

Sec. 3-15. - Annexation procedures.

Authority. Annexation processes and procedures are governed by the Municipal Annexation Act of 1965, Section 31-12-101 et seq., CRS.

Annexation petition fees. The town shall adopt by resolution requirements regarding the fees for annexation submittals.

Concurrent zoning and annexation.

(1)

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.

(2)

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 Section 31-12-107(1)(a), CRS.

(3)

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.

Sec. 3-16. - Appeals.

(1)

Appeals of administrative interpretations. Appeals of an interpretation of the Code by the land use administrator may be made to the planning commission. The appellant must submit a written explanation of the appeal to the land use administrator, who will schedule the item for the next available regular meeting of the planning commission. The town staff maintains a submission and review schedule indicating submittal deadlines for each planning commission and town board meeting.

The planning commission will consider the item as part of their regular agenda and will render a decision by motion.

(2)

Appeals of decisions by the planning commission. An appeal of a planning commission decision may be made to the town board by an applicant, by any interested party, by a town official or a town department director. The appellant shall submit a written appeal to the land use administrator within ten days of the decision of the planning commission. The appeal should include the applicant's justification for granting the requested appeal.

Upon filing of the written appeal, the town clerk will transmit to the town board certified copies of all material in the planning commission's files that are pertinent to the matter in question.

Within 30 days of receipt of the written appeal, the town board will hold a public hearing on the appeal in accordance with the procedures outlined in section 3-2.

The land use administrator shall notify the applicant that the project has been officially filed and shall send notice of public hearing for publication in paper in accordance with section 3-2(B)(2). The applicant shall send a notice of the public hearing to adjacent property owners as described in section 3-2(B)(3) of this Code. The applicant shall provide proof of mailing and a mailing list to the land use administrator before the date of the public hearing.

The decision of the town board will be final.