This chapter shall be known and may be cited as the Hudson Land Development Code.

(Ord. 10-08 §2, 2010)

This chapter is adopted pursuant to the authority granted to the town as a statutory municipality by Title 31, C.R.S., and other pertinent statutory provisions of the state, and is hereby declared to be in accordance with all provisions of these statutes, for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the town.

(Ord. 10-08 §2, 2010)

This chapter is enacted to preserve and promote the public health, safety and welfare of the inhabitants of the town and of the public generally and to encourage and facilitate the orderly growth and expansion of the town. The intent of this chapter is to:

(1)

Address the way land development now occurs, that is, in a manner which combines traditional distinctions between zoning and subdivision and in a manner which typically contains a variety of residential and nonresidential uses in a single development.

(2)

Provide for a more efficient regulatory control system by including the review processes for all types and stages of development in one (1) chapter.

(3)

Avoid the overlapping, conflicting or inconsistent ordinance provisions that frequently occur as a result of numerous individual ordinances.

(Ord. 10-08 §2, 2010)

(a)

This chapter shall apply to all properties within the legal boundaries of the town.

(b)

With respect to major arterial and collector roadways, this chapter is applicable within a three-mile radius of the corporate limits of the town, except roadways located in another municipality.

(c)

A copy of a map showing the boundaries of the town shall be available for public inspection at the town hall.

(Ord. 10-08 §2, 2010)

To the extent that the provisions of this chapter are the same in substance as the previously adopted provisions that they replace in the town's zoning and subdivision ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a legal, nonconforming situation under the previously adopted zoning ordinance does not achieve legal nonconforming status under this chapter merely by the repeal of the zoning ordinance.

(Ord. 10-08 §2, 2010)

It is the intent of the town council that this chapter implement the planning policies adopted by the town council for the town and its comprehensive plan area, as reflected in the town comprehensive plan, and other plans that may be adopted from time to time. While the town council reaffirms its commitment that this chapter and any amendment to it be in conformity with adopted comprehensive plans, the town council hereby expresses its intent that neither this chapter nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

Subject to section 16-67 of this chapter, no person may use, occupy or sell any land or buildings or authorize or permit the use, occupancy or sale of land or buildings under his or her control except in accordance with all of the applicable provisions of this chapter.

(b)

For purposes of this section, the use or occupancy of a building or land relates to anything and everything that is done to, on or in that building or land.

(Ord. 10-08 §2, 2010)

(a)

Reasonable fees as adopted by the town by resolution of the town council sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, use by special review permits, subdivision plat approval, zoning amendments and variances and other administrative relief. Once review of any application has been commenced by the town, these fees are nonrefundable. In the event the town manager determines that, because of the nature of the application, technical review consultants will be necessary, a deposit in an amount as adopted by the town by resolution of the town council shall be required to be submitted with the application. In the event the deposited funds are expended on review, the town manager may require an additional deposit for further estimated costs of review.

(b)

The town will bill developers for any and all costs of professional or consulting services, plus administrative costs as specified in this chapter, which the town incurs as a result of a developer or his or her project. Professional or consulting services include, but are not limited to, legal, planning, engineering or hydrological services.

(c)

Fees established in accordance with subsection (a) above shall be paid upon submittal of a completed land use application or notice of appeal. All applications for which there is a fee shall be accompanied by the appropriate fee. Applications which are not accompanied by the appropriate fee shall be considered incomplete and shall not be processed nor shall any permit be issued unless the appropriate fee accompanies the application. The applicant shall pay the town the cost to the town for engineering, planning, surveying, inspection and legal services rendered in connection with the review of the proposed development application as adopted by the town by resolution of the town council.

(1)

The town will send the applicant a statement for the actual and administrative costs incurred by the town for the services rendered by the town. The applicant shall pay the town the amount due on the statement within fifteen (15) days of the date of the issuance of such statement unless the amount is covered by a deposit. In the event the applicant fails to pay the amount due on the statement within the time period specified above, the town may immediately stop the review process for the proposed development. The application may be deemed withdrawn if the statement is not paid in full within thirty (30) days of the date of the issuance of the statement.

(2)

If the statement is not paid in full within thirty (30) days after issuance of the statement, in addition to the application being withdrawn, the town shall impose interest on the amount due and outstanding at the rate per month from the date when due as adopted by the town by resolution of the town council.

(3)

In addition to the town's remedies to stop the review process upon nonpayment of such statement and to impose penalty interest, the town shall possess the right to file a lien on property within the application or to otherwise initiate an enforcement action against the applicant for nonpayment of such fees. Such enforcement action may be initiated either in the county court, the district court or in the municipal court. In the event such collection action is determined in favor of the town, the town shall be awarded its attorneys' fees and court costs in addition to the unpaid fees as part of any judgment.

(4)

The payment of fees of the costs of professional and consulting services under this section shall be due and payable as set forth within this section, regardless of whether the project is completed, approved and/or regardless of whether the owner/ developer chooses to complete the town's land review process under the town's land development code.

(d)

The applicant shall pay any impact fees as established by town ordinances in effect at the time the development application is approved by the town council. The impact fees shall be paid at the time specified by such ordinance.

(Ord. 10-08 §2, 2010; Ord. 13-13 §39, 2013)

(Ord. No. 16-11, §§ 1, 4, 12-7-16)

(a)

The permitted uses, basic location and bulk regulations for the various zoning districts are hereby adopted and declared to be parts of this chapter, and may be amended in the same manner as any other part of this chapter.

(b)

Control over location and bulk. Subject to the provisions of this chapter dealing with nonconforming uses and buildings, the location and bulk of all buildings and other structures that are currently existing or hereafter constructed shall after the effective date of the ordinance codified herein be in conformity with:

(1)

All regulations set forth or referred to in the regulations for the district in which such buildings and other structures are located; and

(2)

Any other applicable regulations of this chapter.

(Ord. 10-08 §2, 2010)

(a)

The town council may authorize waivers from the provisions of this chapter. Waivers may be granted for the purpose of encouraging flexibility and variety in land development. The town council will not look favorably on waiver requests for self-inflicted hardships. Waivers may be granted if it is deemed by the town council to be in the public interest and does not impair the intent and purposes of this chapter. The conditions of any waiver authorized shall be stated in writing by the town council with the justifications set forth.

(b)

The town council, upon its own motion and following the recommendation of the planning commission, may consider revisions or amendments to this chapter after giving public notice of any proposed revision or amendment and after holding a public hearing concerning the proposal. Public hearings before the planning commission and the town council shall be noticed as set forth in section 16-102 of this chapter. The town council shall adopt any revisions or amendments by ordinance.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

It is hereby declared to be the expressed intent that the provisions of this chapter shall be severable, in accordance with provisions set forth below.

(1)

If any provision of this chapter is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the intent that:

a.

The effect of such decision shall be limited to the clause, sentence, paragraph or part of this chapter that is expressly stated in the decision to be invalid; and

b.

Such decision shall not affect, impair or nullify this chapter as a whole or any other part thereof, and the rest of this chapter shall continue in full force and effect.

(2)

If the application of any provision of this chapter to any use, lot, building, other structure or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the intent that:

a.

The effect of such decision shall be limited to that use, lot, building, other structure or tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered; and

b.

Such decision shall not affect, impair or nullify this chapter as a whole or the application of any provision thereof, to any other use, lot, building, other structure or tract of land.

(Ord. 10-08 §2, 2010)

In the interpretation and application of the provisions of this chapter, the following regulations shall govern:

(1)

Provisions are minimum requirements. In their interpretation and application, the provisions of this chapter shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, convenience, prosperity and welfare of the residents of the town. These regulations shall be liberally construed to further their underlying purposes.

(2)

Application of overlapping regulations. Whenever both a provision of this chapter, and any other provisions of this chapter or any provision in any law, ordinance, resolution, rule or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever regulations are more restrictive or impose higher standards or requirements shall govern.

(3)

Existing permits and private agreements. This chapter shall not abrogate or annul:

a.

Any permits issued before the effective date of the ordinance codified herein;

b.

Any easement; or

c.

Any previously approved subdivisions except as provided herein.

(Ord. 10-08 §2, 2010)

All streets, water and sewer improvements, drainage systems and other public infrastructure shall be constructed in accordance with the provisions of the Town of Hudson Standards and Specifications for the Construction of Public Improvements as it may be adopted from time to time by resolution.

(Ord. No. 17-04, § 1, 7-19-17)

(a)

If, after an application has been reviewed by the town and returned to an applicant for correction of any deficiencies, the applicant for any matter under this Land Development Code fails to resubmit the application within six (6) months of the town returning the deficient application for correction, the application shall be deemed abandoned, and fees paid in connection with the application deemed non-refundable.

(b)

Prior to the application being deemed abandoned, the applicant may request a one (1) time three (3) month extension to address application deficiencies noted by the town, approval of which shall not be unreasonably withheld by the town.

(c)

Upon abandonment, the abandoned application and all related materials shall be returned to the applicant and the application shall be treated as closed. Any re-application by the applicant shall be treated as a new application, including the requirement to pay all applicable fees.

(Ord. No. 24-81, § 1, 11-20-24)