(a)

Town council.

(1)

Powers and duties.

(i)

Adoption and implementation of comprehensive plan.

a.

In addition to authority granted to the town council by general or special law, it is the duty of the council to adopt and implement the provisions of the comprehensive plan.

(ii)

Adoption and amendment of zoning and subdivision regulations.

a.

Authority to adopt and amend zoning and subdivision regulations, including regulations for planned unit developments and areas and activities of state interest.

(2)

Intergovernmental agreements for land use and development.

(i)

Authority to enter into intergovernmental agreements to plan for and control land uses and development.

(3)

Planning commission membership.

(i)

Authority to provide for the size, membership, designation of alternate membership, terms of members, removal of members, and filling of vacancies of the planning commission.

(4)

Additional powers related to this Code.

(i)

In addition, the council shall have those powers and duties related to this code shown in Table X: Development Review Procedures Summary.

(b)

Planning commission.

(1)

General powers.

(i)

The planning commission shall have the powers and duties of a municipal planning commission, a municipal zoning commission and all the powers and duties provided by the authority conferred by Section 31-23-306, et seq., C.R.S., and applicable ordinances of the town.

(2)

Powers and duties.

(i)

Implementation of comprehensive plan.

a.

The planning commission is responsible for implementation of the comprehensive plan and any amendments to that plan as it relates to planning and zoning actions.

(ii)

Decisions on applications under this Code.

a.

The town council hereby delegates to the planning commission the authority to review recommendations related to the administration of this Code shown in Table 16-4.1: Development Review Procedures Summary, pursuant to standards and criteria included in this code.

(iii)

Public meetings.

a.

When there is business to discuss, the planning commission shall hold at least one (1) regularly scheduled public meetings each month to take official action on the matters before the commission. The meetings shall be noticed in compliance with the requirements for public notice set forth in this Code.

b.

Except when the vote of a larger number is required under the provisions of this section or by law, a quorum for the transaction of business by the commission shall be a majority of the number of members currently sitting on the commission.

c.

The planning commission shall keep a record of its proceedings, and the record shall be open to inspection by the public during the normal business hours for town offices.

(c)

Board of adjustment.

(1)

Powers and duties.

(i)

Variance.

a.

The board of adjustment is the decision-making body for requests for variance from certain zoning dimensional requirements of this Code.

b.

The board of adjustment shall consider a request for variance based on the procedure set forth in section 16-48(b)(4), Variance.

c.

The board of adjustment does not have the authority to grant the following:

1.

A variance that allows a land use that is not a permitted use in the zoning district where the property is located;

2.

A variance that allows a land use for which a conditional use permit has been denied to occur in the zoning district where the property is located, or to occur in that zoning district without complying with one (1) or more conditions attached to a conditional use approval;

3.

A variance to a use-specific standard listed in section 16-62, Use regulations;

4.

A variance from any definition; or

5.

A variance from the minimum or maximum density allowed in a zoning district.

d.

The vote of a majority of the board of adjustment shall be required to approve a variance.

(ii)

Appeal of administrative decision or interpretation.

a.

The board of adjustment may consider an appeal by any person who lives adjacent to or within three hundred (300) feet of a property regarding a final written administrative interpretation or decision based upon or made in the course of the administration or enforcement of the zoning regulations of this Code.

b.

The appeal process is set forth in section 16-48(b)(1), Appeal.

c.

The vote of a majority of the board of adjustment shall be required to approve an appeal.

(iii)

To allow or disallow the reconstruction, within one (1) year of a nonconforming building which has been destroyed by fire or other cause to the extent of more than fifty percent (50%) of its replacement value at the time of destruction.

(iv)

Additional powers related to this Code.

a.

In addition, the board of adjustment shall have those powers and duties related to this Code shown in Table 16-4.1: Development Review Procedures Summary.

(d)

Planning director.

(1)

Powers and duties.

(i)

In addition to the jurisdiction, authority and duties that may be conferred upon the planning director by other provisions of this Code, the planning director shall have the following jurisdiction, authorities and duties under this land development code:

a.

Undertake comprehensive planning.

1.

To undertake the current and long-range comprehensive planning responsibilities of the town.

b.

Review comprehensive plan and code.

1.

To review the comprehensive plan and this Code at least every five (5) years and recommend to the planning commission any amendments necessary to carry out the planning goals of the town's board of commissioners, or to comply with any applicable state, federal, or other governmental law or regulation, or to correct errors in the existing comprehensive plan or this Code

c.

Day to day code administration.

1.

To undertake the day-to-day administration of this land development code, including without limitation performing those duties shown in Table X: Development Review Procedures Summary.

d.

Code interpretation.

1.

To review, consider and render interpretations of the text of this Code or the official zoning map.

e.

Process applications.

1.

To receive applications for development permits for processing pursuant to the terms of this Code.

f.

Ensure adequate public notice.

1.

To ensure that adequate public notice is provided for applications for development permits pursuant to the terms of this Code.

g.

Floodplain administrator.

1.

To serve as the town floodplain administrator responsible for carrying out the duties in this Code or otherwise required to comply with the requirements of the Federal Emergency Management Agency (FEMA) related to reduction of flood risk.

h.

Coordination.

1.

To coordinate other local, county, regional, state, and federal planning and permitting processes affecting development in the town and to serve as liaison to such local, county, regional, state, and federal planning agencies having jurisdiction over development in the town.

(e)

Town clerk.

(1)

In addition to other duties assigned by the town council or by Colorado law, the town clerk shall be responsible for the following actions related to this Code:

(i)

Maintaining records or documents referenced in this Code when neither this Code nor the town council by separate action have identified another town official, body, or department to maintain those documents.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

Required security and release of security.

(1)

Applicability.

(i)

This article applies to all permits and approvals under this Code for which the town determines that the failure of the applicant or a successor in interest to the property to complete required construction or installation of infrastructure, road or street improvements, landscaping, or site amenities required by this Code or by a condition attached to the permit or approval could result in the town or another governmental or quasi-governmental entity needing to complete construction or installation of those items to protect the public health, safety, or welfare.

(2)

Subdivision improvements.

(i)

If the applicant is required to complete construction or installation of infrastructure, road or street improvements, landscaping, or site amenities in connection with the creation or modification of lots pursuant to section 16-43, Specific procedures for divisions of land, the town may require financial guarantees for the performance of those duties. Any required financial guarantees required by the town shall comply with C.R.S. 31-23-214 and all applicable state law.

(3)

Other permits and approvals. Except as required by section 16-31(a)(2) the town may require financial guarantees pursuant to the following standards:

(i)

Form of security.

a.

Public and private improvements required by this Code or by a condition attached to an approval under this Code shall be secured by a financial guarantee in the form of cash or an irrevocable letter of credit from a financial institution acceptable to the town, and in a form approved by the town attorney.

(ii)

Amount of security.

a.

The security shall be in the amount of one hundred ten percent (110%) of the total construction cost for the improvements based on an estimate from a certified professional. Cost estimates shall include:

1.

The estimated cost for the town to bring in materials, personnel, and equipment to complete any unperformed purpose of the financial guarantee;

2.

Consultant fees, including engineering and legal fees;

3.

The duration of project construction or activity and a reasonable projection of increased project cost due to inflation; and

4.

A ten percent (10%) contingency cost allowance.

(iii)

Right to draw on financial guarantee.

a.

The town shall have the right to draw on the security for the purpose of restoring and remediating any site disturbance and/or constructing or completing construction of any public improvements including landscaping; however, the town shall not be obligated to undertake such action if the town council, for good cause, deems it inadvisable to do so.

b.

In the event the town draws on the security, neither the applicant nor their successors or assigns shall engage in any work on the site until new security is provided to the town in the amount specified in this section 16-31, Financial guarantees.

(iv)

Release of security.

a.

The town shall release the financial guarantee as provided in the subdivision improvement agreement, final inspection by the town, and the town's written approval accepting the public improvements.

b.

The applicant may request partial release of the security based on its partial completion of the required improvements and the town's acceptance of dedication of those improvements, and the planning director may approve such partial release if the planning director determines that the town is adequately protected from risk of financial liability to complete any of the remaining improvements.

(v)

Substitution of security.

a.

The applicant may request that the town substitute a new form of security for an existing security held by the town. The town attorney may approve that request if the planning director determines that the replacement security provides the town equal or better protection against risks of financial liability to complete any of the remaining improvements.

(b)

Two-year warranty period.

(1)

Security in the amount of twenty percent (20%) of the total construction cost of the required public improvements, shall be deposited with the town or retained by the town prior to the release of the initial security, in order to warrant the public improvements against defects during a two (2)-year warranty period following acceptance of the public improvements by the town. If the town determines that defects in construction of the improvements are present, the town shall have the rights to draw on this remaining security as described in section 16-31(a)(3)(iii) above.

(2)

Community parks that will be owned and maintained by the town shall be subject to the two (2)-year warranty period.

(3)

Private landscape, streetscape, and park improvements are not subject to the two (2)-year warranty, and the cost of such improvements shall not be included in the calculation of total construction costs in subsection (1) above.

(4)

If the required public improvements have not been accepted in writing by the town at the end of the two (2)-year performance warranty period, an extension of the financial guarantee for the cost of the outstanding improvements shall be required, and the town shall have the rights to draw on the original or extended security as described in section 16-31(a)(3)(iii) above.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)

(a)

Enforcement authority.

(1)

Provisions of these regulations shall be enforced by the planning director, the town attorney, and any other town official designated by the town council pursuant to their authority granted by Colorado law and the Town of Hudson Home Rule Charter.

(2)

Zoning, site planning, and PUD enforcement.

(i)

All violations of zoning regulations and other provisions of this Code may be enforced through the use of any and all powers available to the Town of Hudson pursuant to Colorado law, including but not limited to those powers granted by the Town of Hudson Home Rule Charter, C.R.S. Title 31, Article 16 and C.R.S. 31-23-308.

(3)

Planned unit developments.

(i)

Violations of this Code on property in the planned unit development zoning district, or properties previously zoned as planned unit development, may be enforced through those powers granted in C.R.S. 24-67-101, et seq., the Planned Unit Development Act, or through general zoning and subdivision enforcement powers, at the town's option.

(4)

Subdivision enforcement.

(i)

The provisions of this Code related to the division of land may be enforced through the use of any and all powers available to the town pursuant to the Town of Hudson Home Rule Charter and Colorado law, including but not limited to those powers granted by C.R.S. 31-23-216 and 216.5.

(b)

Violations.

(1)

Failure to comply with this Code.

(i)

It is a violation of this land development code to use real property or improvements on such property; to develop real property; to erect, construct, reconstruct, remodel, restore, or improve a building or structure; to move buildings onto a site; to excavate or fill land; or to alter or change the use of any real property or improvements on such property in any way that does not comply with the requirements of this Code, including without limitation any requirements to obtain a permit or approval required by this Code. The content of sections (2) through (6) below supplement but do not limit the generality of the previous sentence.

(ii)

Failure to obtain or maintain operating permits.

(iii)

It is a violation of this ordinance to fail to obtain any local, state, or federal license or permit required to conduct the activity being conducted on the property, as required by section 16-61(e), Required government approvals, or to maintain any required license or permit in good standing at all times that the activity is in operation.

(2)

Failure to obtain required building permits.

(i)

It is a violation of this Code to use real property or the improvements on such property to erect, construct, reconstruct, remodel, or improve any building or structure; to move buildings onto a site; or to alter or change the use of any real property or the improvements on such property without first obtaining all approvals required under this Code and a building permit as required by the chapter 18 of the Municipal Code of the Town of Hudson regarding building regulations.

(ii)

The planning director will not approve the issuance of a building permit unless the plans for the proposed use, development, erection, construction, reconstruction, remodel, restoration, improvement, alteration, or change conform to the requirements of this Code.

(iii)

Be aware of additional violation provisions included in chapter 18 of the Municipal Code of the Town of Hudson, the International Residential Code and the International Building Code.

(3)

Violation of terms and conditions.

(i)

It is a violation of this Code to use real property or the improvements on such property to develop real property to erect, construct, reconstruct, remodel, restore, or improve a building or structure; to excavate or fill land; or to alter or change the use of any real property or improvements that are inconsistent with the terms and conditions of any permit or approval granted under this Code.

(4)

Unauthorized land division or transfer.

(i)

It is a violation of this Code to divide or redivide land or to sell or transfer land with reference to specific surveyed corners, distances, or arcs ( metes and bounds), with reference to any other type of boundary description (other than town-approved lots, parcels, and tracts) without first: (a) obtaining town approval of a subdivision exemption map, a minor subdivision plat, or a major subdivision plat, as applicable, and (b) recording such plat with the county clerk and recorder as required by this Code, unless such division is exempt from the requirement to comply with applicable subdivision standards pursuant to section 16-43, Specific procedures for divisions of land.

(5)

Unauthorized construction of roads or other improvements.

(i)

It is a violation of this Code to commence construction of roads or other improvements until a construction permit is issued by the town engineer after final approval by the town council and all post-approval requirements are met.

(ii)

It is a violation of this Code to construct a road or access serving two (2) or more lots or any use serving the public without first obtaining a town road construction permit.

(6)

Inaccurate or misleading information.

(i)

It is a violation of this Code to submit to the town application materials that contain inaccurate or misleading information or application materials, including without limitation inaccurate or misleading information regarding the condition of the project site or adjacent properties or improvements, or the location, size, or nature of a proposed building or improvement, or the intended use of any portion of the land included in the application, or to otherwise obtain a permit or approval under this Code through the submission of inaccurate or misleading materials related to the project.

(7)

Continuing violations.

(i)

Each day a violation occurs or remains uncorrected constitutes a separate violation.

(8)

Curing a violation.

(i)

In the event an applicant or property owner desires to cure a violation of this Code, the planning director shall determine whether the violation can be cured in a manner that protects the interests of the town and surrounding property owners.

(ii)

If the planning director determines that such a cure is possible, the planning director shall determine what actions are needed to cure the violation by applying the same criteria, standards, and requirements that are required for a new application for the proposed activity in the zoning district where the property is located.

(c)

Enforcement.

(1)

Complaint and verification of violation.

(2)

Upon a complaint made or filed by a member of the public or by a town official or employee, the planning director shall verify whether a violation of this Code has, in fact, occurred.

(3)

Authority to enter and inspect.

(i)

The planning director is empowered to inspect and examine any building, other structure, or parcel or other area of land where there is reasonable cause to believe that a use exists or that construction, reconstruction, alteration, or maintenance is being performed or has been performed in violation of this land development code. If possible, the planning director will make observations of the premises in plain view from public property or from portions of the premises that are open or accessible to the public, or in which the owner or occupant otherwise lacks a reasonable expectation of privacy. The inspection shall be conducted without the use of a ladder, or any special equipment to enhance the view.

(ii)

In addition to other situations authorized by applicable law, the planning director shall be authorized to enter private property without prior application to or approval by a court in the following circumstances:

a.

To conduct inspections during regular town business hours, or after regular town business hours if necessary to observe a potential violation (such as excess illumination of a sign after dark);

b.

To conduct inspections within the scope of another official document;

c.

In emergency situations in which the planning director has reason to believe that the public health or safety is in imminent danger and could be jeopardized by delay. If entry without prior application to or approval by a court is not allowed by subsection b. or otherwise by Colorado law, the planning director shall obtain an administrative entry and seizure warrant from a court of competent jurisdiction pursuant to Colorado law before entering the property.

(4)

Determination, notice, and response.

(i)

Determination. If the planning director has verified that a violation exists, the town shall send written notice of a violation of this land development code to the property owner of record, as identified on the tax records.

(ii)

Notice.

a.

Service by mail.

1.

The notice shall be sent by certified mail, return receipt, to both the address in the tax records and the property address, if different.

b.

Content of notice.

1.

The notice of violation shall contain the following information.

i.

A list and description of all violations with references to the section or sections of the Code violated.

ii.

An order requiring correction of the violation(s).

iii.

The date by which compliance shall be attained.

iv.

The appeal process, if applicable for the violation(s).

c.

Response.

1.

Unless otherwise provided by this code or otherwise required by state or federal law, a period of fifteen (15) calendar days after the date of notice shall be allowed for response to a notice of violation. In order to avoid further enforcement proceedings by the town or the imposition of financial penalties under this code, within such fifteen (15)-day period:

2.

The alleged violator shall respond by providing evidence satisfactory to the planning director to show that the determination is in error and that a violation of this Code has not occurred;

3.

The alleged violator shall restore the site, structure, or use of the property to compliance with this code, and shall allow the town to inspect the property to confirm compliance; or

4.

The alleged violator shall obtain approval from the town for an extension of time to attain compliance, showing good cause for extension, with such extension limited to sixty (60) days unless a longer period is approved due to extenuating circumstances, and shall allow the town to inspect the property at the end of the extension period to confirm compliance.

(5)

Enforcement available to the town.

(i)

If the property has not been brought into compliance with this code within the time periods listed in section 16-32(3), the town may take any or all of the following actions to enforce the provisions of this code, to the fullest extent permitted by Colorado law.

(ii)

Withholding or suspending permits and approvals.

(6)

The town may withdraw or deny permits or approvals under this code and may require correction of a violation as a condition of granting any future permits or approvals under this code.

(i)

Withholding building permits.

(7)

The town shall not issue any building permit unless the proposed erection, construction, reconstruction, alteration or use fully conforms to all provisions of this code and complies with all other state and local regulations, and may suspend any approved building permit if a the planning director has determined that a violation of this code has occurred.

(i)

Cease and desist/stop work orders.

(8)

The town may require that the applicant, the property owner, or any other person stop work on any land where there is a violation of this code by issuing a cease and desist order. Upon issuance of such order, all work shall immediately halt. If work continues, the unlawful erection, construction, reconstruction, alteration, maintenance, or use shall be in violation of this code.

(i)

Abatement by the town.

a.

Standards for abatement by the town are provided in chapter 7 of the Municipal Code of the Town of Hudson: Health, sanitation and animals. E. Judicial action.

b.

At the request of the town council, the town attorney may bring either a civil or a criminal action, or both, against the owner of any premises or property on which a violation of this code is alleged and, following investigation, has been confirmed or is reasonably believed to exist.

(ii)

Civil remedy.

(9)

Civil remedies against violations of this code or violation of any agreement with an applicant or property owner issued in conjunction with a permit or approval under this code, may include injunction, mandamus, specific performance, abatement, or any other action or proceeding to prevent, enjoin, abate, or remove the violation. Fines assessed pursuant to these enforcement provisions may be recovered in the same civil action in which such injunction, mandamus or abatement is sought, or separate and district proceedings may be instituted seeking varying forms of relief, as may be allowed by law.

(i)

Criminal remedy upon conviction of a criminal violation of this code, the violator shall be subject to those penalties stated in section 16-32(d), Criminal penalties.

(10)

Enforcement of subdivision regulations.

(i)

If the violation of this code involves a violation of those standards, criteria, or requirements related to a division of land, including but not limited to the provisions of section 16-82, Subdivision standards or section 16-43, Specific procedures for divisions of land, the violation may be enforced through any of the powers listed in section 16-32(c)(4) or by the town's exercise of the additional powers listed in this section, or by any power granted in C.R.S. 30-28-100 et. seq., or a combination any of those powers unless prohibited by state law. The use of one (1) or more powers listed below does not restrict the simultaneous or later use of any additional power listed below to enforce correction of the same or a related violation of the code. If there is a conflict between the provisions of this section and the provisions of section 16-32(c)(4), the provisions of this section shall apply.

(ii)

Conformance with code required.

(11)

Before further division properties that were divided in violation of the town's land use regulations in effect at the time of such division shall be further subdivided only if the application includes provisions that bring the entire original parcel, including the area previously divided in violation of town regulations, into compliance with the provisions of this code.

(i)

Withholding permits and approvals.

(12)

The planning director is authorized to withhold, or require that other town officials withhold, the issuance of any permits under this code that are sought or requested for property determined to have been divided without the required town approval.

(i)

Withholding authority to begin later phases of subdivision development.

(13)

The planning director is authorized to withhold or require that other town officials withhold any approvals necessary to begin development of later phases of subdivision development, including without limitation the site grading and the installation of infrastructure if earlier phases of the subdivision have not been completed as required by this code or by conditions attached to an approval under this code, or if infrastructure for earlier phases of the subdivision have not been completed, dedicated to, and approved by the town as required by this code or by conditions attached to an approval under this code.

(i)

Action to enjoin sale.

(14)

The town shall have the power to bring an action in any court of competent jurisdiction to enjoin any subdivider from selling proposed subdivided land before a required minor or major final plat has been approved and recorded with the county clerk and recorder.

(i)

Action to compel enforcement of related agreements.

(15)

The town shall have the authority to bring an action in any court of competent jurisdiction to compel enforcement of any development agreement related to the sale, conveyance, or transfer of any such subdivided land, and to compel enforcement of any provision of any agreement between the town and an applicant or property owner related to a division of land. This includes the right to compel rescission of sale, conveyance, or transfer of title of any lot or other subdivided land contrary to the restrictions set forth on the plat or in any separate recorded agreement. No building permit and no other permit or approval under this code may be issued, and no construction may commence on any such property while such an action is pending in court.

(i)

Action for injunctive relief.

(16)

The town may bring an action for injunctive relief to enforce any plat restriction, including all obligations contained in any development agreement or other document executed and recorded in conjunction with a minor or major final plat approval and all commitments of record of the subdivider related to the town's approval of the final plat, plat note, plat map, or provision of a subdivision improvements agreement, and for damages arising out of failure to adhere to any such plat restriction, plat note, plat map, or provision of a subdivision improvements agreement.

(17)

Preservation and cumulative remedies.

(i)

All remedies provided for in this section are cumulative, are not exclusive, and shall be in addition to any other remedies provided by law, and may be pursued by the town singularly or in combination to achieve the most expeditious abatement of violations.

(ii)

To the extent that Colorado law may limit the availability of a particular remedy for a particular violation or a part of a violation, such remedy shall remain available for other violations of other parts of the same violation, and all other remedies shall remain available for the same violations or part of a violation.

(18)

Acceleration of enforcement process.

(i)

The enforcement process set forth in this section may be accelerated if the planning director or the town health official or chief building official makes a written finding that the public health, safety, welfare, or the environment could be endangered by a continuing violation. After such finding is made, the town attorney shall take immediate action to end the threat to the public health, safety, welfare, or the environment through, but not limited to, ex parte restraining orders as authorized under the Colorado rules of civil procedure and/or action by local law enforcement or public safety agencies as deemed necessary.

(d)

Criminal penalties.

(1)

If any person is determined to have violated this code, the violation is not cured within the time required by section 16-32(c)(3)(ii)c., Response, the town decides to pursue criminal enforcement, and the violator is convicted of a criminal violation of this code, the following provisions shall apply.

(i)

Monetary penalties.

a.

General.

1.

Unless otherwise provided in subsection b. below, by another provision of this code, or by Colorado law, any person who violates the provisions of this code commits a Class 2 petty offense, and upon conviction may be punished by a fine of not more than three hundred dollars ($300.00) for each separate violation.

2.

Each day a violation continues after the time for abatement has run, or after the deadline the board specifies for abatement at an appeal hearing, shall be considered a separate violation.

b.

Sale or transfer of property prior to required subdivision approval.

1.

Any person who transfers, sells, or offers to sell land before a final plat required by this code has been approved by the town and recorded with the county clerk and recorder shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00) for each parcel or interest in land that is sold or offered for sale.

c.

Costs and expenses of prosecution.

1.

In addition to those amounts stated in subsections a. and b., the violator shall be required to pay all costs and expenses related to prosecution of the violation.

d.

Deposit.

1.

All fines collected shall be credited to the general fund of the town.

(Ord. No. 25-15, § 1(Exh. A), 10-1-25)