All development permits and land use actions are processed under the town's administrative procedures. There are five (5) types of actions, each with its own procedures listed in Table 16-4.1.

(a)

Type I action. Type I decisions are made by the planning director, or their designee, without public notice and without a public hearing. A Type I procedure is used in applying town standards that do not require the use of discretion (i.e., there are clear and objective standards). Type I decisions are not appealable.

(b)

Type II action. Type II decisions are made by the planning director, with public notice, specifically posting on the town's website, and an opportunity for appeal to the board of adjustment.

(c)

Type III action. Type III decisions are made by the planning commission after a public hearing, with an opportunity for appeal to the board of adjustment. Type III decisions involve discretion but implement established policy.

(d)

Type IV action. Type IV decisions are made by town council, after recommendation from the planning commission.

(e)

Type V action. A Type V action is reviewed by the planning director and the decision is made by the board of adjustment.

The table below summarizes the types of applications available under this code and the roles of various town staff and appointed or elected officials that make decisions on each type of application. More information about each procedures is set forth in other sections of this article 4, Procedures, and in case of conflict, provisions elsewhere in article 4 shall supersede the information in this table.

TABLE 16-4.1: DEVELOPMENT REVIEW PROCEDURES SUMMARY

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

(a)

Pre-application conference.

(1)

Purpose.

(i)

The pre-application conference is intended to provide an opportunity for the applicant to meet with town staff to review submittal requirements, review procedures, and applicable code standards associated with the proposed development concept. See submittal requirements for pre-application on the Hudson Permits and Licenses webpage.

(2)

When required.

(i)

A pre-application conference is required for those applications indicated in Table 16-4.1: Development Review Procedures Summary.

(3)

Procedure.

(i)

Scheduling a pre-application conference.

a.

The applicant shall submit a request for a preapplication conference meeting on a form provided by staff or available on the town website, or both.

(ii)

Materials.

a.

Unless otherwise specified by this code, the applicant shall bring a conceptual site plan to the conference. The conceptual site plan shall be of sufficient detail to accurately convey the concept, character, location, parcel size and the magnitude of the proposed development.

(iii)

Participants.

a.

In addition to the planning department staff, if the planning director determines that the proposal raises potential issues for roads, access, parking, traffic, water supply, sanitation and/or natural resource protection, staff from other agencies or departments may be included in the pre-application conference.

(iv)

Direct review.

a.

The planning director will assist the applicant to identify key issues and concerns regarding the proposed development project so the applicant may address them as part of their formal application submittal

(v)

Effect.

a.

Any comments or commitments made by staff during the pre-application conference are preliminary in nature and may change significantly as the project is more clearly defined in later stages of the development review process. Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body until and unless a decision-making body takes formal action to attach that condition to a development approval. No comments made during a pre-application comments shall be interpreted by the applicant that the town will approve the application or will approve it under certain conditions.

(b)

Neighborhood meeting.

(1)

Purpose.

(i)

The neighborhood meeting provides an opportunity for the applicant to share the goals of the proposed project and to receive constructive input from the community on how the forthcoming application could be improved. The neighborhood meeting process also provides an opportunity for the residents and property owners of the town to help shape the direction of the development and reduce the likelihood of disagreements later in the project review and approval process.

(2)

Applicability.

(i)

A neighborhood meeting shall be required prior to the submittal of applicable projects as identified in Table 16-4.1: Development Review Procedures Summary, unless the planning director determines that such a meeting is unnecessary based on the size, scope and unique characteristics of the project.

(3)

Procedure.

(i)

Neighborhood meetings shall be conducted by the applicant or the applicant's designee.

(ii)

The planning staff and the applicant shall coordinate meeting time, place, and notice to neighbors.

(iii)

Property owners and residents within five hundred (500) feet of the property line for the proposal shall be notified of a neighborhood meeting by mailed notice at least fourteen (14) days in advance of the meeting date.

(iv)

A representative from the town may be in attendance to listen, but will not provide information about project specifics or facilitate the meeting.

(v)

The applicant is responsible for all expenses of the neighborhood meeting including but not limited to facility costs and the cost of the meeting notice.

(vi)

The applicant shall prepare a written report of meeting comments and submit the report with the development application. The applicant may elect to make changes to the proposal based on neighborhood comments to improve the project outcome.

(4)

Effect.

(i)

Staff shall forward the applicant's written report to each board and/or commission that will be reviewing the application describing comments received and any modification(s) made in response to the comments. Comments will be considered by decision makers in determining if applicable review standards have been met.

(c)

Land development applications.

(1)

Application submittal and processing.

(i)

Authority to submit application.

a.

Unless expressly stated otherwise in this code, a development application shall be submitted by:

1.

The owner, contract purchaser, or any other person having a recognized property interest in the land on which development is proposed;

2.

A person authorized to submit the application on behalf of the owner, contract purchaser, or other person having a recognized property interest in the land, as evidenced by a letter or document signed by the owner, contract purchaser, or other person; or

3.

If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign the application or a letter or document consenting to the application.

(2)

Application content.

(i)

The application shall be submitted to the planning department on one (1) or more forms available in the town offices, or available on the town website, or both.

(ii)

The applicant bears the burden of ensuring that an application contains sufficient information to demonstrate compliance with application requirements, and contains all required supporting documents indicated on the town website.

(iii)

A list of any supporting materials required to be submitted with each application form is available in the town offices or available on the town website, or both.

(3)

Application fees.

(i)

The town council shall adopt, and from time-to-time update, a schedule of application fees for different types of applications under this Code.

(ii)

Each required application fee shall reflect the estimated time required for town staff to review and process the application, and shall not exceed that estimate.

(iii)

Application fees in effect at the time of application submittal shall be submitted with the application. Applications are not complete, and will not be processed by town staff, until all applicable application fees have been paid.

(iv)

The schedule of application fees is available in the town offices, or on the town's website, or both.

(4)

Determination of completeness.

(i)

Within fifteen (15) days of receipt of the application materials, the planning director shall determine whether the application is complete based on compliance with the submittal requirements for the applicable review process.

(ii)

Incomplete application.

a.

If the application is not complete, the planning director shall inform the applicant of the deficiencies in writing and shall take no further action on the application until the deficiencies are remedied.

(5)

Extension of time for determination of completeness.

(i)

The planning director may extend the time to complete review for determination of completeness, up to an additional thirty (30) days, and will notify the applicant of any such extension.

(ii)

The extension of time for determination of completeness shall be based upon the following considerations:

a.

The scope of the land use change application is sufficient to require additional time for the planning director to review the application for a determination of completeness; or

b.

The planning department's workload due to the volume and scope of pending development applications justifies the need for an extension of time to review the application for a determination of completeness.

(6)

Application still incomplete.

(i)

If the planning director determines that an application is incomplete and the applicant submits additional information by the planning director determines that the submitted additional materials are inadequate to complete the application, the provisions of subsections (a) and (b) above shall apply again until the planning director determines that the application is complete.

(7)

Concurrent applications.

(i)

Applicants may request, and the planning director may permit, the simultaneous submission and review of all necessary development applications for the project. The planning director may waive any overlapping application submission requirements in the concurrent review.

(ii)

Building permits shall not be submitted concurrently with associated development applications unless written approval for concurrent submittal is provided by the planning director.

(iii)

Review and decision-making bodies considering applications submitted concurrently shall make separate recommendations and decisions on each application based on the specific standards applicable to each approval.

(iv)

If one (1) or more decisions related to concurrent applications is to be made by the planning director, and another decision is to be made by an appointed or elected board or commission, the planning director's approval or approval with conditions shall not become final unless and until an approval or approval with conditions is issued by the highest appointed or elected body required to make a decision on any of the concurrent applications pursuant to Table 16-4.1: Development Review Procedures Summary.

(8)

Withdrawal of an application.

(i)

The applicant may withdraw an application at any time upon submittal of a written request to the planning department, but no portion of the application fees paid in connection with the application shall be returned to the applicant. If the applicant submits a new or revised application concerning the same property, a new application fee must be paid.

(9)

Abandoned applications.

(i)

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.

(ii)

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.

(iii)

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.

(d)

Staff review.

(1)

Referral to staff and review agencies.

(i)

The planning director shall distribute the complete application to town staff and to agencies or entities outside the town government that provide or maintain services or manage or protect areas or facilities that may be affected by the application, as determined by the planning director or required by state law.

(ii)

The referrals shall request responses within thirty (30) days and shall notify the referral staff, agencies, and entities that failure to respond within such time shall be deemed non-objection to town approval of the application as submitted.

(2)

Staff review and application revisions.

(i)

If town staff or outside agencies or entities submit recommendations and comments to the planning director, the planning director shall notify the applicant of such comments and recommendations. The application shall not move forward for further review until the planning director determines that:

a.

The applicant has adequately responded to the town's recommendations and comments; or

b.

The applicant requests that the application move forward without responding to the town's recommendations and comments.

(3)

Applications subject to staff recommendation.

(i)

If an application is subject to staff review and recommendation to the planning commission and/or the town council per Table 16-4.1: Summary of Development Review Procedures, the planning director may require that a written staff report be prepared. If a staff report is prepared, it shall be made available to the applicant, the advisory or decision-making body, and the public at least seven (7) days prior to the hearing at which the application is scheduled to be heard.

(4)

Applications subject to staff decision.

(i)

If an application is subject to staff review and a final decision by the planning director per Table 16-4.1: Summary of Development Review Procedures, the planning director shall make a decision based on the review standards applicable to that type of application. The decision shall be in writing, shall clearly state the reasons for a denial or for any conditions of approval, and shall be sent to the applicant.

(5)

Administrative adjustment.

(i)

Purpose.

a.

The purpose of an administrative adjustment is to allow modifications or deviations from certain standards of this code when required to comply with certain state or federal laws.

(ii)

Applicability.

a.

Reasonable accommodations required by Fair Housing Amendments Act.

1.

The planning director may approve an administrative adjustment in response to a written request for reasonable accommodation under the federal Fair Housing Amendments Act (FHAA), provided that the adjustment is reasonable and is the minimum change from the provisions of this code necessary to comply with the FHAA.

2.

The town may approve a type of adjustment that is different than the applicant's request if the county deems such adjustment would satisfy the requirements of the FHAA and would result in fewer impacts on the surrounding area.

b.

Accommodations for religious land uses.

1.

The planning director may allow administrative adjustments to eliminate a substantial burden on religious exercise as guaranteed by federal Religious Land Use and Institutionalized Persons Act (RLUIPA), provided that the adjustment does not allow a use or activity in a zoning district where it is not shown as a permitted or conditional use in Table 16-5.3: Permitted Use Table.

2.

If a request to eliminate a substantial burden on religious exercise would require the allowance of a use or activity in a zoning district where it is not shown as a permitted or conditional use in Table 16-5.3: Permitted Use Table, the town may nevertheless consider that request through the conditional use process pursuant to section 16-48(c)(2), but the only approval criteria to be used in that is case is whether the use or activity must be allowed in order to protect the applicant's rights under RULIPA.

(iii)

The following numerical standards may be adjusted by up to ten percent (10%):

a.

Building height;

b.

Landscape standards;

c.

Parking standards;

d.

Setbacks;

e.

Lot coverage; and

f.

Signs.

(6)

Criteria for approval.

(i)

A separate application for an administrative adjustment is not required. Instead, the requested administrative adjustment shall be described in detail on the application for the use or development to which it relates.

(ii)

The planning director shall decide whether to approve, approve with conditions, or deny a request for an administrative adjustment if the adjustment is required for compliance with the Fair Housing Amendments Act or the Religious Land Use and Institutionalized Persons Act, as determined by the town attorney.

(e)

Scheduling and notice of public hearing.

(1)

Scheduling.

(i)

If an application is subject to a public hearing pursuant to Table 16-4.1: Development Review Procedures Summary, the planning director shall schedule the public hearing for either a regularly scheduled meeting or special meeting of the planning commission or town council, as applicable.

(ii)

The public hearing shall be scheduled to allow sufficient time to prepare a staff report and to allow the required public notice to be given pursuant to subsection (2) below.

(2)

Public hearing notice:

TABLE 16 4.2: PUBLIC HEARING NOTICE REQUIREMENTS

(i)

Published notice.

a.

Except as stated in subsections b. and c. below, for each application for which Table 16-4.2 requires published notice, at least fourteen (14) calendar days prior to the date of a scheduled public hearing before the planning commission, board of adjustment, or town council, the applicant shall have published a notice of public hearing in a newspaper of general circulation in the area where the proposed land use change is located. The notice shall use or comply with a form available in the town offices, or shown on the town website, or both.

b.

Before conducting any public hearing on proposed revisions to the subdivision regulations in section 16-48, the subdivision procedures in section 16-43, or the definition of any term used in those portions of this code, the town shall publish the proposed amendment in a newspaper of general circulation in the municipality at least once each week for three (3) consecutive weeks before the hearing.

c.

Published notice shall:

1.

Identify the application type;

2.

Describe the nature and scope of the proposed project;

3.

Identify the location subject to the application;

4.

Identify where and when the application and associated materials may be inspected; and

5.

Indicate opportunity to appear at the public, including the public hearing date, time, and location.

(ii)

Mailed notice.

a.

Unless subsection (2) applies, for each application for which Table 16-4.2 requires mailed notice, at least fourteen (14) calendar days prior to the date of each public hearing for which mailed notice is required by Table 16-4.2: Public Hearing Notice Requirements, the applicant shall send by first class mail a written notice of the public hearing to:

1.

The owners of record and tenants of property in town located within seven hundred fifty (750) feet of the subject property; and

2.

Homeowner's associations or neighborhood associations with boundaries within three hundred (300) feet of the subject property and that have indicated to the town their desire to receive mailed notices.

b.

Mailed notice shall:

1.

Identify the application type;

2.

Describe the nature and scope of the proposed project;

3.

Identify the location subject to the application;

4.

Identify where and when the application and associated materials may be inspected;

5.

Indicate opportunity to appear at the public, including the public hearing date, time, and location; and

6.

Include any other information required by Colorado law for the type of application submitted.

c.

Depositing the notice in the U.S. mail with postage prepaid, and filing an affidavit under oath that the action has been completed, satisfies the mailed notice requirement.

(iii)

Posted notice.

a.

For each application for which Table 16-4.2 requires posted notice, at least fourteen (14) calendar days prior to the date of a scheduled public hearing, the applicant shall post a notice of the public hearing on the property. At least one (1) sign shall be placed for each six hundred (600) linear feet of each adjacent public right-of-way or part thereof, shall be located within ten (10) feet of each such property line, and shall be located so it is fully visible from the right-of-way. Signs shall be in a format provided to the applicant in the town offices, or provided on the town website, or both.

b.

Posted notices shall:

1.

Identify the application type;

2.

Describe the nature and scope of the proposed project;

3.

Indicate opportunity to appear at the public hearing, including the public hearing date, time, and location; and

4.

Identify a telephone number or website for additional information.

c.

The required signs with spaces for required information regarding the application may be purchased by the applicant from the town or the town can provide the applicant with the appropriate sign specifications and the applicant can facilitate the required sign's production in conformance with these standards.

d.

The applicant shall remove posted signs within seven (7) days after the completion of the public hearing on the application.

(iv)

Notice to mineral interest owners and lessees.

a.

C.R.S. 24-65.5-103(1) requires an applicant for certain types of development to notify all owners and lessees of a mineral interest on the subject property of the pending application.

b.

This notice shall be provided at the time of the first complete application for a rezoning of all or part of the property, a preliminary plat or minor subdivision plat of all or part of the property, or approval of a conditional use on the property, whichever occurs first.

1.

If notice has been provided earlier related to the same proposed development and proposed uses of the property, it need not be provided a second time.

2.

If notice was not provided at the first to occur of the three (3) events listed in subsection (b) above regarding the proposed development and the property, then it must be provided at the time of the next complete application regarding the proposed development and use of the property.

c.

If this provision is applicable, the applicant shall submit to the planning director a certification of compliance with this notice requirement at least seven (7) days prior to the initial public hearing.

(v)

Notice to military installation.

a.

If any portion of the town boundaries is within two (2) miles of all or any portion of a military installation, the town shall timely provide to the installation commanding officer and the flying mission commanding officer information relating to any of the following that, if approved, would affect the use of any area within two (2) miles of the military installation.

1.

A proposed change to the comprehensive plan;

2.

A proposed change to the zoning map; or

3.

A proposed change to the text of this code.

b.

The town is not required to provide notice in connection with any site-specific development application within that two (2)-mile distance under consideration by the local government.

c.

The notice shall reference C.R.S. 29-20-105.6 and its fourteen (14)-day notice period for comments on the proposed change.

(vi)

Major activity notice.

a.

When a subdivision or commercial or industrial activity is proposed that will cover five (5) or more acres of land, the town shall send notice to the state geologist and the town council of the proposal prior to approval of any zoning change, subdivision, or building permit application associated with such a proposed activity.

(vii)

Notices for creation of a vested right.

a.

Notices required for creation of a vested right are listed in section 16-42, Vested property rights, and are in addition to any other notices required under this code.

(viii)

Responsibility for notice.

a.

In each case where this code requires notice to owners of property within a stated distance of the property, mineral interest owners and lessees, special districts, or school districts, the applicant shall deliver to the town at least thirty (30) days before the date of the first required public hearing a list of all persons or entities required to be notified. The list shall be prepared and certified by a title insurance company licensed by the State of Colorado.

b.

Unless otherwise specifically required by this code, the applicant shall be responsible for publishing, mailing, and posting all required notices fully and accurately, for ensuring that any required posted notice remains in place and legible to passers-by for the full required posting period, for removing posted signs after the town has made a decision on the application, and for paying all related costs of notice, and shall provide to the town an affidavit confirming compliance with all applicable requirements of this section 16-41(f)(2), Public hearing notice, at least seven (7) days prior to the scheduled public hearing.

c.

Town staff may independently confirm the timing and accuracy of completion of required notices, and shall investigate any complaints received before the scheduled hearing regarding the accuracy, timing, or performance of applicant's notices.

d.

The provisions of this section shall be considered met if the applicant has attempted to fully comply with and has achieved substantial compliance with the requirements of this section and due process as determined by the planning director. Unintentional mistakes in notice due to inaccurate records, failures of notification systems, or failures of the U.S. Postal Service to make timely and accurate delivery of mail shall not require the delay or cancellation of a public hearing if the applicant has demonstrated substantial compliance and the planning director determines that the mistake was not caused in whole or in part by the applicant.

e.

If the planning director determines, prior to the scheduled public hearing, that notice pursuant to this section 16-41(f)(2), Public hearing notice, has not occurred, then either:

1.

The public hearing shall be rescheduled to allow time to provide required notices; or

2.

If the planning director determines that a significant number of those who received notice of the public hearing would be inconvenienced by the delay of the hearing, the hearing may be conducted as scheduled, but shall be continued to a date certain to allow time to provide required notices and to allow additional testimony at that later date.

(3)

Conduct of public hearing.

(i)

Rights of all persons.

a.

Any person may appear at a public hearing and submit evidence, including oral testimony, either individually or as a representative of an organization. Comment also may be submitted in written form before or during the hearing, or within a designated period of time if the hearing is continued pursuant to subsection (f) below.

(ii)

Virtual or remote participation.

a.

If needed, provisions shall be made for virtual or remote participation in the public hearing though telephone or internet connections.

b.

Comments made by those participating virtually or remotely shall be considered on the same basis as comments from those present in person.

c.

Any written comments submitted by those participating virtually or remotely shall be considered on the same basis as written comments from those present in person if they are received by the town prior to the public hearing.

(iii)

Ex parte communications.

a.

Once an application has been received by the town, members of any recommending or decision-making body shall not engage in communications with any party or with any member of the public regarding the application. Any members of a recommending or decision-making body who engages in any such conversation outside the public hearing shall immediately disclose the fact and substance of that discussion to the planning director. The ex parte communication shall be disclosed to other members of the recommending or reviewing body at the start of the public hearing, and no ex parte communication shall be considered by the decision-making body, or any of its members in making a decision on an application.

(f)

Review and decision.

(1)

Decision.

(i)

General.

a.

The decision-making body shall approve, approve with conditions, or deny an application based upon the applicable standards and criteria in this code. The decision shall be deemed to have been made on the date that the review body adopts a reasoned statement. A decision is final unless appealed.

(ii)

Reason statement.

a.

The approval, approval with conditions, or denial of an application shall be in writing and accompanied by a statement that explains the applicable criteria and standards, states the relevant facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant and statutory provisions, pertinent constitutional principles, and factual information contained in the record.

(iii)

Burden of proof.

a.

The burden shall be on the applicant to present sufficient evidence that the applicable criteria for approval have been satisfied.

(iv)

Record of decision.

a.

The record of decision shall include the following materials:

1.

The application materials;

2.

The minutes of the public hearing(s) and of other related meetings of the recommending and decision-making bodies reviewing the application.

3.

Written materials submitted to the town by an individual or agency regarding the application;

4.

The staff report;

5.

Any consultant and referral agency reports; and

6.

Documentation of decisions by the recommending and decision-making bodies.

(v)

General review criteria.

1.

Decision by planning director.

i.

If Table 16-4.1: Development Review Procedures Summary indicates that the planning director shall make the decision on an application, the planning director shall approve the application, or approve it with conditions, if it complies with the following criteria, unless specific criteria for approval of that type of application are listed in another section of this code, in which case the specific criteria listed in the other section of this code shall apply.

ii.

The planning director shall determine that the following criteria are met, based on the evidence submitted with the application, comments from referral agencies, information on file with the town, and any required approvals from other bodies:

a)

The application complies with all applicable provisions of this code and other town regulations, as modified by any previously administrative adjustments or variances;

b)

The property is not subject to a pending notice of violation or legal action as a result of a violation of any federal, state, or town land use law or administrative rule;

c)

The application is consistent with any previous approvals or agreements related to the property including, but not limited to planned unit development approvals, subject to the provisions of section 16-41(f)(5), Modification of previous agreements concerning; and

d)

The property is not subject to a development agreement any provision of which was required to be performed before the date of the subject application remains unsatisfied.

2.

Recommendation by planning commission and decision by town council.

i.

If Table 16-4.1: Development Review Procedures Summary or another provision of this code indicates that the planning commission shall make a recommendation on an application, or that the town council shall make a decision on an application, the planning commission shall recommend approval or approval with conditions, and the town council shall approve the application or approve it with conditions, if it complies it complies with the following criteria, unless specific criteria for approval of that type of application are listed in another section of this code, in which case the specific criteria listed in the other section of this code shall apply.

ii.

The planning commission or town council shall recommend or approve the application or recommend or approve it with conditions, if it complies with the following criteria:

a)

The approval is consistent with the policies of the comprehensive plan;

b)

The application complies with all applicable provisions of this code and other adopted town regulations;

c)

The application is consistent with any previous approvals and agreements related to the property including but not limited to any planned unit development approval, subject to the provisions of section 16-41(f)(5), Modification of previous agreements concerning;

d)

The property is not subject to a pending notice of violation or legal action as a result of a violation of any federal, state, or town land use law or administrative rule;

e)

The application will mitigate any negative impacts on surrounding properties to the maximum extent practicable.

3.

Decision by board of adjustment.

i.

If Table 16-4.1: Development Review Procedures Summary indicates that the board of adjustment shall make the decision on an application, the board of adjustment shall approve the application, or approve it with conditions, if it complies with the criteria listed in the specific procedures for appeals and variances in section 16-48(b)(1) and section 16-48(b)(4), as applicable.

(2)

Conditions of approval.

(i)

Where this code authorizes a decision-making body to recommend or make a decision on an application subject to applicable criteria, the advisory and/or decision-making body may approve or recommend approval of the application with conditions necessary to bring the proposed development into compliance with this code or other regulations.

(ii)

Where this code authorizes the town council to make a decision on an application subject to applicable criteria, the town council may also approve an application with conditions necessary to mitigate the impacts of that development on the surrounding properties and streets.

(iii)

All conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development or shall be based upon standards duly adopted by the town prior to the review of the application. Such conditions may include those necessary to carry out the purpose and intent of town policies and this code.

(iv)

Any condition of approval that requires an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a formula applicable to a broad class of applicants shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.

(v)

During its consideration, the advisory and/or decision-making body may consider alternative potential conditions, and no discussion of potential conditions shall be deemed an attempt or intent to impose any condition that would violate the federal or state constitutions, statutes, or regulations. Discussions of potential conditions to mitigate impacts do not reflect actions by the advisory and/or decision-making body unless and until the advisory and/or decision-making body takes formal action to attach that condition to a development approval.

(vi)

Unless otherwise provided in this code, any representations of the applicant in submittal materials or during public hearings shall be binding as conditions of approval.

(vii)

Any conditions of approval shall be listed in or attached to the approval document, and violation of any approved condition shall be a violation of this code.

(3)

Term of approval.

(i)

Running with the land.

a.

Approvals issued and executed prior to expiration under this code run with the land and are not affected by changes in ownership or the form of ownership of the property, unless otherwise stated under this code, or unless otherwise stated as a condition of the approval or the permit.

(ii)

Period of validity.

a.

Unless otherwise indicated in a specific procedure, the term of an approval shall be as shown in Table 16-4.3 below, unless the property owner or permit holder has taken action to initiate construction of the improvements (including the installation of utilities), initiate the allowed use or activity, modify the property, or take other actions to use the authority granted in that permit or development approval within the period of validity.

TABLE 16 4.3: PERMIT AND APPROVAL VALIDITY

b.

In order to remain in effect, at least one (1) of the actions listed below must occur before the end of the period of validity indicated in Table 16-4.3 above.

1.

Vested rights have been established pursuant to section 16-42, Vested property rights;

i.

A building permit has been issued and is being diligently pursued toward completion of the site for which the approval was originally granted;

ii.

A certificate of occupancy has been issued for structure(s) that were the subject of the application; or

iii.

The site has been occupied for a permitted use if no building permit or certificate of occupancy is required.

2.

Approvals by the planning director or another town administrative official that are subject to expiration pursuant to this section shall automatically expire if none of the events listed in subsection b above have occurred.

3.

For other approvals, the planning director shall initiate a public hearing before the town council to consider expiration if none of the events listed in subsection b above have occurred.

(4)

Development agreement.

(i)

In connection with any approval under this code, and in addition to any agreements authorized by section 16-31(a)(2), Subdivision improvements, or section 16-31(a)(3), Other permits and approvals, the town council is authorized to enter into a development agreement with the applicant for any of the following purposes:

a.

To establish schedules for development, or for the installation of improvements and/or amenities on the property by the applicant, or the town, or both;

b.

To ensure that conditions related to the applicant's mitigation of impacts of the development on surrounding areas are performed without cost to the town;

c.

To document what portions, if any, of the costs of infrastructure or facilities needed to serve the property will be borne by the town, and under what terms or conditions; and

d.

To address any other matter related to the completion of the development consistent with the comprehensive plan, or related to reducing or mitigating the potential impacts of the development on surrounding areas or the town, that is not contrary to state or federal law.

(5)

Modification of previous agreements concerning the property.

(i)

Where this code requires that approval of an application shall comply with previous approvals and agreements regarding development of the property, and the applicant requests modification or removal of all or some of the conditions included in one (1) or more of those previous approvals or agreements, the request for modification or removal may be considered concurrently with the application under this code, provided that:

a.

The town attorney has determined that town and the applicant are the only two (2) parties affected by the terms of the previous approval or agreement, and that there are no third party beneficiaries of the previous approval or agreement (including but not limited to purchasers of land within or adjacent to the property affected by the application or the previous approval or application) whose interests may be affected by the requested modification or removal of conditions.

b.

If the town attorney does not make the determination required in subsection a, any modification or removal of conditions in a previous approval or agreement shall require a separate application to be considered by town council requiring compliance with section 16-41(f)(2), Public hearing notice, and section 16-41(f)(3), Conduct of Public hearing, and such application may not be considered concurrently with a different application concerning the property under this code.

1.

If the town attorney makes the determination required in subsection a, the decision on all concurrent applications shall be made by the town council, rather than by the planning director or an appointed body.

(g)

Post-decision actions.

(1)

Appeal.

(i)

An applicant, an adjacent property owner, or a party aggrieved or adversely affected by any other final decision by the planning director or another town administrative official under this code may appeal the decision to the board of adjustment pursuant to the procedures and standards in section 16-48(b)(1), Appeal.

(ii)

Following any planning commission recommendation of approval or approval with conditions, the planning director shall require public notice pursuant to section 16-48(f)(2)(iii), Posted notice, and section 16-48(f)(2)(ii), Mailed notice, including the following information:

a.

The recommendation of the planning commission, and any conditions attached to the recommendation;

b.

The planning director's intention to make a decision on a final plat consistent with that recommendation and the requirements of this code by a date not less than fifteen (15) days after the date of posted and mailed notice;

c.

An opportunity for the public to make written comments regarding the proposed subdivision, the recommendation, and their compliance with the requirements of this Code, within such fifteen (15)-day period; and

d.

The mailing and electronic address to which such comments may be delivered.

(iii)

Any appeal to the board of adjustment regarding an application for a sign permit, an application related to a religious assembly use, an application related to a wireless communications facility (WCF), or any other application pursuant to this code involving exercise of First Amendment rights or where state or federal laws or court decisions have required a prompt final decision by the town shall be heard and a decision made within thirty (30) days of filing an appeal that complies with the requirements of section 16-48(b)(1), Appeal.

a.

An applicant, an adjacent property owner, or a party aggrieved or adversely affected by any quasi-judicial decision by the town council or board of adjustment may seek review of the decision in Colorado District Court in accordance with applicable state law.

(2)

Extensions of period of validity.

(i)

For each permit or application approval for which Table 16-4.3 shows a period of validity, the planning director may approve one (1) extension of validity for a time not to exceed one (1) year for that permit or approval for good cause shown; provided, that the applicant or property owner files with the planning director a written request for the time extension before the expiration of the original permit or approval.

(ii)

Following such one (1) year extension, the town council may approve one (1) additional extension of validity for a time not to exceed one (1) year for good case shown; provided, that the applicant or property owner files with the planning director a written request for time extension before the expiration of the initial extension granted by the planning director.

(iii)

The town council may condition the approval of an extension upon the applicant's compliance with the standards in this code or in other adopted town regulations in effect at the time of extension request, unless the application of those standards is prevented by a valid vested right approved by the town pursuant to section 16-42, Vested property rights.

(3)

Limitation on subsequent similar applications.

(i)

For one (1) year following the revocation or denial of an application by the decision-making body, the town shall not accept a new application for subject property that is the same or substantially similar to the one previously denied.

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

(a)

Purpose.

(1)

The purpose of this division is to establish a system of vested property rights for this land development code as authorized by C.R.S Title 24, Article 68.

(b)

Establishment of vested property rights.

(1)

General.

(i)

A vested property right shall be established for a period of three (3) years with the approval of a site specific development plan. An approved vested property right shall confer upon the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the site specific development plan for a period of three (3) years following approval, or for any longer term approved by the town council pursuant to subsection (d) below or pursuant to a development agreement between the applicant and the town.

(c)

Site specific development plan.

(1)

The following documents, when approved by the town, shall constitute a site specific development plan establishing a vested property right when the procedures and requirements of this code are met by the applicant.

(i)

A subdivision exemption map;

(ii)

A final plat for a major or minor subdivision;

(iii)

A site plan; or

(iv)

A final PUD plan.

(2)

The document that triggers a vested property right shall be so identified at the time of its approval.

(d)

Development agreement and extension of vested property rights.

(1)

The town council may enter into a development agreement with the landowner for the extension of a vested property right beyond a three (3) year period if it determines that an extension is warranted due to project size and/or phasing of the development, or to anticipate or respond to economic cycles and/or changes in market conditions.

(e)

Effective date.

(1)

A site specific development plan shall be deemed approved upon the effective date of the approval. Failure to comply with the terms of the approval, including without limitation any conditions attached to that approval, shall terminate the vested property right.

(f)

Public notice of vested right.

(1)

Within fourteen (14) days after approval of the site specific development plan, the applicant shall publish a notice of site specific development plan approval and creation of a vested property right in a newspaper of general circulation in the town. The three (3)-year period or other period approved by the town council shall not begin to run on the date of publication of the notice. Failure to timely publish this notice shall terminate the vested property right.

(g)

Exceptions to vesting of property rights.

(1)

Once established pursuant to this code, a vested property right precludes any zoning or land use action by the town during the period of time that the property right is vested that would alter, impair, prevent, diminish, or otherwise delay the development or use of the land subject to and consistent with the site-specific development plan, except as provided by C.R.S. Title 24, Article 68.

(h)

Modifications of site specific development plan.

(1)

Minor modifications of a site specific development plan pursuant to section 16-42(d)(2), Minor changes, are permitted, but shall not result in any extension of the three (3) year vesting period, or other vesting period approved by the town council, based on the date on which the minor modification was approved.

(2)

Major modifications of a site specific development plan shall require a new application pursuant to section 16-42(d)(4), Major changes, and shall only result in a vested property right if the applicant completes all of the requirements of article 4, Procedures, in connection with that new application.

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

(a)

General applicability.

(1)

All divisions of a parcel or lot into two (2) or more lots or parcels shall comply with the following standards and procedures, unless exempted by subsection (2) below. These provisions shall also apply to any planned unit development unless the approved planned unit development documents provide an alternative standard.

(2)

Review and approval of a subdivision plat or subdivision exemption map shall not be required for any of the following:

(i)

A division of land that occurred prior to 1972 or date on which the town first adopted subdivision regulations, if earlier than 1972;

(ii)

A transfer of land required by law;

(iii)

A division of land for sale as part of an approved cemetery;

(iv)

A dedication, acquisition, or condemnation of land for right-of-way or other public use, or conveyances relating to the vacation of land designated for public rights-of-way or public use;

(v)

A bona fide division or portion of agricultural land for agricultural use or related purposes;

(vi)

A division of land created by lien, mortgage, deed of trust, or any other security interest;

(vii)

A division of land that is created by a security or unit of interest in any investment trust regulated under state law or any other interest in an investment entity;

(viii)

A division of land that creates an interest in oil, gas, minerals, or water that is severed from the surface ownership of real property;

(ix)

A division of land ordered by a court if the town council has been given the notice and opportunity to join as a party of interest in the proceeding for the purpose of raising the issue of an intent to evade the statutory requirements for subdivision of land;

(x)

A division of land that is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common. Any such interest shall be deemed as only one (1) interest for purposes of this section ; and

(xi)

A division of land created as part of a condominium provided that the applicant has complied with all of the provisions of the Colorado Common Interest Ownership Act, C.R.S. Title 38, Article 33.3; and l. A lease of property.

(b)

Plat or exemption plat approval required.

(1)

Each division of land into two (2) or more parcels that is not exempt from the provisions of this section pursuant to subsection (a) above, shall require the approval of one (1) of the following documents by town:

(i)

A subdivision exemption map;

(ii)

A minor subdivision plat; or

(iii)

A major subdivision plat.

(2)

The required document shall be approved by the town and recorded with the county clerk and recorder prior to any sale of or development on any of the lots or parcels created by the division.

(c)

Sales prohibited prior to plat approval.

(1)

No person with any interest in land located within a subdivision or a proposed subdivision shall transfer or agree to sell or offer to sell any portion of that land before the plat for the subdivision has been approved by the town council and recorded with the county clerk and recorder. However, title to the entirety of an existing legally created and undivided parcel of land may be transferred to a buyer during the subdivision process, and the buyer may complete the subdivision from the point in the subdivision approval process achieved at the time of transfer on behalf of the original applicant.

(d)

Compliance with common procedures required.

(1)

Each request for approval of a subdivision exemption, minor subdivision, or major subdivision, shall comply with the requirements of section 16-41, Common review procedures, unless:

(i)

There is a conflict between the provisions of section 16-41 and the requirements of this section, in which case the provisions of this section shall apply; or

(ii)

The planning director determines that one (1) or more of the provisions of section 16-41 is not applicable due to the type of division of land being requested or the scale or character of that proposed division.

(e)

Adjustments to standards.

(1)

If an application for a minor or major subdivision demonstrates that the applicant cannot comply with the provisions of section 16-82, Subdivision standards, because they are inconsistent with other requirements of this code applicable in the district where the property is located, including but not limited to standards in article 5, Zoning district regulations; section 16-85, Natural resource protection standards; and section 16-75, Site planning and development standards, the planning director may approve adjustments to the standards in section 16-82, as necessary to allow compliance with other applicable standards and requirements in this code.

(f)

Subdivision improvement agreement.

(1)

Each final plat for a subdivision in which the applicant will be required to construct any public or private facilities in order to meet the requirements of this code or comply with a condition of subdivision approval, shall be accompanied by a written subdivision improvements agreement that is, in form and substance acceptable to the town attorney, and executed by the applicant, committing the applicant to the construction of all required improvements related to the subdivision, and providing financial guarantees for the completion of those improvements consistent with the provisions of section 16-31, Financial guarantees.

(g)

Written findings required for denial.

(1)

If the planning director or the town council denies an application for a subdivision exemption map, a minor subdivision, or a major subdivision pursuant to this code, the decision-making body shall issue written findings identifying those standards of this code or related regulations adopted by the town the application failed to meet and stating that the denial was due to the application's failure to comply with those standards. the provisions of section 16-41(h)(3), Limitation on subsequent similar applications, shall apply to any reapplication.

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

(a)

This section applies to all divisions of land that are exempt from the requirement to obtain approval of a major or minor subdivision, as listed in sections 16-45 through section 16-46 below, but that are nevertheless required to file an accurate subdivision exemption map reflecting the division of land with the Weld County Clerk and Recorder.

(b)

Applicability. This section applies to the following types of land divisions.

(1)

Statutory exemptions.

(2)

Divisions of interests in land to which the term subdivision and subdivided land does not apply pursuant to C.R.S. 30-28-101(10)(b), (c) and (d). Easements and rights-of-way shall not be considered interests for the purposes of this section.

(3)

Correction plats.

(i)

Corrections of technical errors in approved and recorded final plats that do not increase the number of subdivided lots or parcels previously approved or recorded. Technical errors include errors to legal descriptions, acknowledgments, dedication language, plat notes and other items that do not constitute substantial modification of the approved plat.

(ii)

Boundary or lot line revision or correction.

(iii)

Revisions to boundary lines or lot lines for the purpose of correcting an engineering or survey error in a recorded plat, and that do not increase the number of subdivided lots or parcels previously approved or recorded.

(4)

Townhouse lots.

(i)

Divisions of land to create individual townhouse lots, each to accommodate an existing single-household attached dwelling, from a lot or parcel currently platted as a single lot parcel and currently containing a single structure that includes more than one attached single-household attached dwelling unit.

(5)

Lot combination.

(i)

Any consolidation of contiguous parcels or lot merger.

(6)

Utilities and major electric and natural gas facilities.

(i)

Any division of land to accommodate location or construction of a utility line or facility or a major electric or natural gas facility, where any new lot or parcel created for such purpose will not be designed or constructed for human occupancy, and where the applicant has authority to override a decision of the town regarding the location, extent, or construction of the line or facility pursuant to C.R.S. 29-20-108.

(c)

Specific procedure.

(1)

All applicable provisions of section 16-41, Common review procedures, for a decision by the planning director shall apply, except as modified by this section 16-44.

(2)

Review, decision-making, and appeal responsibilities shall be as shown in Table 16-4.1: Summary of Development Review Procedures.

(3)

A neighborhood meeting pursuant to section 16-41(b) shall not be required.

(4)

If the application is for a correction plat:

(i)

Public notice regarding the planning director's intent to approve or approve with conditions a correction plat, and an opportunity to provide comments on that plat, shall be provided pursuant to section 16-45(b)(1)(ix); and

(ii)

The planning director's decision on the correction plat may be appealed pursuant to section 16-48(b)(1), Appeal, except that the appeal shall be heard by the town council rather than the board of adjustment.

(5)

If a proposed subdivision exemption would result in one (1) or more lot or parcel boundary lines that previously aligned with a town boundary no longer aligning with that boundary; or would result in one (1) or more lot or parcel boundary lines that currently do not align with a town boundary becoming aligned with that boundary, the application shall be referred to the county or municipality sharing that boundary for comment pursuant to section 16-41(d)(1), Referral to staff and review agencies.

(6)

Following approval or approval with conditions by the planning director, an exemption map signed by all owners of record of the property shall be submitted to the town council for signature within thirty (30) calendar days after the date of approval of the application or within thirty (30) days after the applicant's performance of all conditions of approval, whichever occurs later.

(7)

The exemption map shall be filed for recording with Weld County Clerk and Recorder within thirty (30) days after the date of signature by the town council.

(d)

Criteria for approval. An application for a subdivision exemption map may be approved or approved with conditions if the planning director determines that it meets the following criteria.

(1)

Correction plat. If the application is for a correction plat:

(i)

The correction plat is consistent with any preliminary plat approved for the subdivision in which the property is located; and b. A surveyor's certificate is included to confirm the accuracy of any of the following, as applicable to the correction:

(ii)

Any distance or elevation that has been omitted;

(iii)

Any text that has been misspelled;

(iv)

Any error or omission; or

(v)

Any error within a parcel description shown on a recorded plat.

(2)

Compliance with land development code.

(i)

Each of the parcels resulting from the proposed subdivision exemption will comply with the dimensional, access, utility service, and other standards in this code and in other regulations adopted by the town applicable to lots and parcels in the district where the property is located, except as permitted by section 16-12, Pre-existing development—Nonconformities.

(3)

Compliance with comprehensive plan and intergovernmental agreements.

(i)

If the application for a subdivision exemption is for a combination of existing platted lots, the resulting pattern of lots, parcels, and access complies with any provisions of the comprehensive plan and any intergovernmental agreement between the Town of Hudson and Weld County concerning the size, dimensions, shape, access, or utility services for lots in that location.

(4)

Compliance with approved site plan.

(i)

The application will not result in any lot or parcel boundary line encroaching through any existing structure or existing easement that creates a conflict that does not exist under the current plat, unless the owner of such building or the holder of the dominant easement consents in writing to such encroachment, except as provided in section 16-44(b)(4), Townhouse lots.

(5)

Not used to avoid compliance with subdivision plat requirements.

(i)

The application does not create potentially significant impacts on traffic, congestion, or services or facilities provided by the town or by another governmental or quasi-governmental entity that would normally be evaluated and mitigated through a subdivision plat process, and does not create additional developable lots except as provided in section 16-44(b)(4), Townhouse lots.

(6)

Suitability of exemption map for recording.

(i)

The subdivision exemption map complies with all applicable regulations regarding the scale, accuracy, and content of such maps and is suitable for recording with the county clerk and recorder.

(7)

Taxes.

(i)

All taxes applicable to the land have been paid.

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

(a)

Applicability. This section applies to the following types of divisions of land.

(1)

Resubdivision of existing platted lands is not minor subdivision and is subject to approval pursuant to section 16-47, Modification of previous approval.

(2)

Creation of two (2) to four (4) residential lots.

(i)

The division of a single lot or parcel of land, or more than one (1) contiguous lots or parcels of land into no more than four (4) residential lots, and such division does not include the dedication or vacation of any public or private street or right-of-way.

(3)

Site for public facility or service.

(i)

The division of a single lot or parcel of land into two (2) lots of parcels, at least one (1) of which is being created to accommodate a facility to be owned or operated by the town or by another governmental or quasi-governmental entity to provide public services to the residents of all or a part of the town, unless town council has approved the use of a subdivision exemption plan for that type of division.

(4)

Vacation of plat.

(i)

Vacation of all or a portion of a previously recorded subdivision plat.

(5)

Any division of land that the planning director determines does not involve the dedication of land to the town or another governmental entity, and that does not create any additional lots or parcels that will be available for development before obtaining approval of a minor or major subdivision in the future.

(b)

Specific procedure.

(1)

Preliminary plat.

(i)

The applicant shall submit a preliminary plat for the property for review by the planning commission.

(ii)

All applicable provisions of section 16-41, Common review procedures, for a decision by town council shall apply to the preliminary plat, except as modified by this section 16-45.

(iii)

Review, decision-making, and appeal responsibilities for the preliminary plat shall be as shown in Table 16-4.1: Summary of Development Review Procedures.

(iv)

A neighborhood meeting pursuant to section 16-41(b) is required.

(v)

A public hearing before the planning commission pursuant to section 16-41(f)(3) with notice pursuant to section 16-41(f)(2) is required.

(vi)

Prior to the public hearing, the planning director shall attempt to resolve any plat deficiency or non-conformance with the requirements of this code or state law with the applicant. At the request of the applicant, a technical dispute between the planning director and any licensed or registered professional working on behalf of the applicant may be referred to a qualified employee in the one (1) or more state departments for a recommendation to facilitate a resolution of the dispute.

(vii)

The public hearing shall not extend or be continued for more than forty (40) days from the commencement of the public hearing without the written consent of the applicant. This time may be extended up to thirty (30) days if the town is waiting for a response to a referral pursuant to section 16-41(d)(1), Referral to staff and review agencies.

(viii)

The planning commission shall recommend approval, approval with conditions, or denial of the application based on the criteria for approval in section 16-45(c) below.

(ix)

Following any planning commission recommendation of approval or approval with conditions, the planning director shall require public notice pursuant to section 16-48(f)(2)(iii), Posted notice, and section 16-48(f)(2)(ii), Mailed notice, including the following information:

a.

The recommendation of the planning commission, and any conditions attached to the recommendation;

b.

The planning director's intention to make a decision on a final plat consistent with that recommendation and the requirements of this code by a date that is not less than fifteen (15) days after the date of posted and mailed notice;

c.

An opportunity for the public to make written comments regarding the proposed subdivision, the recommendation, and their compliance with the requirements of this code, within such fifteen (15)-day period; and

d.

The mailing and electronic address to which such comments may be delivered.

(2)

Final plat.

(i)

If the planning commission approves or approves with conditions the preliminary plat, the applicant shall submit a final plat for the property for review by the planning director within one hundred eighty (180) days after preliminary plat approval. If the final plat is not submitted within that time, the preliminary plat approval shall lapse and a new application for a preliminary plat shall be required, unless the town approves an extension of the one hundred eighty (180)-day period pursuant to section 16-41(h)(2), Extensions of period of validity.

(ii)

All applicable provisions of section 16-41, Common review procedures, for a decision by the planning director shall apply to the final plat, except as modified by this section 16-45.

(iii)

Review, decision-making, and appeal responsibilities for the preliminary plat shall be as shown in Table 16-4.1: Summary of Development Review Procedures.

(iv)

A neighborhood meeting pursuant to section 16-41(b) is not required.

(v)

A public hearing pursuant to section 16-41(f)(3) is not required.

(vi)

The planning director shall approve, approve with conditions, or deny the application based on the criteria for approval in section16-45(c) below.

(vii)

The planning director's decision on a final plat may be appealed pursuant to section 16-48(b)(1), Appeal, except that the appeal shall be heard by the town council rather than the board of adjustment.

(viii)

If the planning director determines that the application will require the applicant to construct public improvements in order to comply with applicable requirements of this code, the planning director may require that the applicant sign a development agreement pursuant to section 16-41(g)(4) and/or provide financial guarantees pursuant to section 16-31(a)(2) in order to ensure the completion of those improvements.

(ix)

The approved final plat and any related development agreement required by the planning director shall be submitted to the town council for signature within one hundred twenty (120) calendar days from the date of the planning director's approval of the final plat. All conditions of approval shall be met prior to submitting the plat for signature by the town council.

(x)

The final plat and any related development agreement required by the planning director shall be filed for recording with Weld County Clerk and Recorder within thirty (30) days after the date of signature by the town council.

(xi)

Following approval of the final plat and receipt of dedicated lands by the town, the town shall provide written notice of such approval and receipt of dedicated lands to the school district within which the subdivision is located, and to any department, agency, district, or other governmental or quasi-governmental entity providing services for which the lands were dedicated.

(c)

Criteria for approval.

(1)

Preliminary plat approval.

(i)

An application for a minor subdivision preliminary plat may be approved or approved with conditions if the planning commission determines that it meets the following criteria.

a.

Not used to avoid compliance with major subdivision requirements.

1.

The application of a larger development that would require approval of a major subdivision pursuant to section 16-46 has not been divided into smaller developments for the purpose of avoiding evaluation and potential requirements for mitigation of the impacts of the larger development through a major subdivision process. If the planning director determines that this criteria has not been met, the application will be deemed to be an application for major subdivision approval, and the submittal of additional materials, the conduct of additional hearings, and compliance with additional approval may be required.

b.

Compliance with comprehensive plan and intergovernmental agreements.

1.

The application complies with any provisions of the comprehensive plan and any intergovernmental agreement between the Town of Hudson and Weld County.

c.

Compliance with previous approvals and agreements.

1.

The application complies with any approvals, agreements, or conditions on development related to the property previously approved by the town, including without limitation any general development plan approved in connection with a PUD zoning district that includes all or part of the property, subject to the provisions of section 16-41(f)(5), Modification of previous agreements concerning the property.

d.

Compliance with land development code.

1.

Each of the lots and parcels resulting from the proposed subdivision exemption shall comply with all standards in this code and in other regulations adopted by the Town of Hudson, except:

i.

As permitted by section 16-12, Pre-existing development—Nonconformities;

ii.

As those standards may be adjusted by the planning director pursuant to section 16-41(e), Administrative adjustment; and/or

iii.

As listed in subsection 2 below.

2.

The preliminary plat shall not be required to comply with the provisions of section 16-82(b), Subdivision blocks.

e.

Preservation of access.

1.

If the application is for vacation of some or all of a recorded subdivision plat, the plat preserves public street or road access to each of the lots or parcels in the plat that are not being vacated. Resubdivisions of existing platted lands are not plat vacations, and are subject to approval pursuant to section 16-47, Modification of previous approval.

(2)

Final plat approval.

(i)

An application for a minor subdivision final plat may be approved or approved with conditions if the planning director determines that it meets the following criteria.

a.

Adequacy of final plat and supporting materials.

1.

The final plat meets all planning, engineering, and surveying requirements of this code and applicable state requirements for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials.

b.

Inclusion of requested changes.

1.

The final plat includes any changes required by the planning commission during its review of the preliminary plat.

c.

Development agreement and financial guarantees.

1.

If the planning director has required execution of a development agreement and/or the provision of financial guarantees pursuant to section 16-45(b)(2) above, those documents have been prepared in form and substance acceptable to the town attorney and have been signed by the applicant and delivered to the Weld County Clerk and Recorder for recording along with the final plat.

d.

Liens and encumbrances.

1.

The final plat does not include a lien, conveyance, or encumbrance that applies to part, but not all, of any lot or parcel shown on the final plat. Encumbrances that encumber all of one (1) or more lots shown on the plat are permitted.

e.

Taxes.

1.

All taxes applicable to the land have been paid, as certified by the Weld County treasurer's office.

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

(a)

Applicability.

(1)

This section applies to all divisions of land into two (2) or more parcels except the following:

(i)

Divisions that are exempt from the requirements of this article 4 pursuant to section 16-44;

(ii)

Divisions that are eligible for processing of a subdivision exemption map pursuant to section 16-44;

(iii)

Divisions that are eligible for processing as a minor subdivision pursuant to section 16-45;

(iv)

Resubdivisions of existing platted lands are not plat vacations, and are subject to approval pursuant to section 16-47, Modification of previous approval.

(b)

Specific procedures.

(1)

Preliminary plat.

(i)

The applicant shall submit a final plat for the property for review by the planning commission and decision made by the town council.

(ii)

All applicable provisions of section 16-41, Common review procedures, for a decision by the town council shall apply to the preliminary plat, except as modified by this section 16-46(b).

(iii)

Review, decision-making, and appeal responsibilities for the preliminary plat shall be as shown in Table 16-4.1: Summary of Development Review Procedures.

(iv)

A neighborhood meeting pursuant to section 16-41(b) is required.

(v)

A public hearing before the planning commission pursuant to section 16-41(f)(3) with notice pursuant to section 16-41(f)(2) is required.

(vi)

Prior to the public hearing, the planning director shall attempt to resolve any plat deficiency or non-conformance with the requirements of this code or state law with the applicant. At the request of the applicant, a technical dispute between the planning director and any licensed or registered professional working on behalf of the applicant may be referred to a qualified employee in one (1) or more state departments for a recommendation to facilitate a resolution of the dispute.

(vii)

The public hearing shall not extend or be continued for more than forty (40) days from the commencement of the public hearing without the written consent of the applicant. This time may be extended up to thirty (30) days if the town is waiting for a response to a referral pursuant to section 16-41(d)(1), Referral to staff and review agencies.

(viii)

The planning commission shall recommend approval, approval with conditions, or denial of the application based on the criteria for approval in section 16-46(c) below.

(ix)

A public hearing before the town council pursuant to section 16-41(f)(3) with notice pursuant to section 16-41(f)(2) is required.

(x)

The town council shall approve, approve with conditions, or deny the application based on the criteria for approval in section 16-46(c) below.

(xi)

Following any town council approval or approval with conditions the planning director shall require notice of the decision pursuant to section 16-48(f)(2)(ii), Mailed notice, including the following information:

a.

The recommendation of the town council, and any conditions attached to the recommendation;

b.

The planning director's intention to make a decision on a final plat consistent with that recommendation and the requirements of this code by a date that is not less than fifteen (15) days after the date of posted and mailed notice;

c.

An opportunity for the public to make written comments regarding the proposed subdivision, the recommendation, and their compliance with the requirements of this code, within such fifteen (15)-day period; and

d.

The mailing and electronic address to which such comments may be delivered.

(2)

Final plat.

(i)

If the planning commission recommends approval or approval with conditions, the applicant shall submit a final plat for the property for review by the planning director.

(ii)

If the town council approves or approves with conditions the preliminary plat, the applicant shall submit a final plat for the property for review by the planning director within one hundred eighty (180) days after preliminary plat approval. If the final plat is not submitted within that time, the preliminary plat approval shall lapse and a new application for a preliminary plat shall be required, unless the town approves an extension of the 180-day period pursuant to section 16-41(h)(2).

(iii)

All applicable provisions of section 16-41, Common review procedures, for a decision by the planning director shall apply to the final plat, except as modified by this section 16-46(b).

(iv)

Review, decision-making, and appeal responsibilities for the preliminary plat shall be as shown in Table 16-4.1: Summary of Development Review Procedures.

(v)

A neighborhood meeting pursuant to section 16-41(b) is not required.

(vi)

A public hearing pursuant to section 16-41(f)(3) is not required.

(vii)

The planning director shall approve, approve with conditions, or deny the application based on the criteria for approval in section 16-41(h)(2), Extensions of period of validity.

(viii)

The applicant shall be required to execute a development agreement pursuant to section 16-41(g)(4) and may also be required to provide financial guarantees pursuant to section 16-31(a)(2) in order to ensure the completion of all required improvements related to the subdivision, with the exception of those improvements, if any, that the town or another governmental or quasi-governmental entity has agreed in writing to complete.

(ix)

The planning director's decision on a final plat may be appealed pursuant to section 16-48(b)(1), Appeal, except that the appeal shall be heard by the town council rather than the board of adjustment.

(x)

The approved final plat and related development agreement shall be submitted to the town council for signature within one hundred twenty (120) calendar days from the date of the planning director's approval of the final plat. All conditions of approval shall be met prior to submitting the plat for signature by the town council.

(xi)

The final plat and related development agreement shall be filed for recording with Weld County Clerk and Recorder within thirty (30) days after the date of signature by the town council.

(xii)

Following approval of the final plat and receipt of dedicated lands by the town, the town shall provide written notice of such approval and receipt of dedicated lands to the school district within which the subdivision is located, and to any department, agency, district, or other governmental or quasi-governmental entity providing services for which the lands were dedicated.

(c)

Criteria for approval.

(1)

Preliminary plat.

(i)

Compliance with comprehensive plan and intergovernmental agreements.

a.

The application complies with any provisions of the comprehensive plan and any intergovernmental agreement between the Town of Hudson and Weld County.

(ii)

Compliance with previous approvals and agreements.

a.

The application complies with any agreements or conditions on development of the property previously approved by the town including without limitation any general development plan approved in connection with a PUD zoning district that includes all or part of the property, subject to the provisions of section 16-41(f)(5), Modification of previous agreements concerning the property.

(iii)

Compliance with applicable major street plan.

a.

The subdivision is consistent with any plan adopted by the town council that designates existing or proposed major streets, including but not limited to freeways, arterial streets, and/or collector streets.

(iv)

Compliance with land development code.

a.

Each of the lots and parcels resulting from the proposed subdivision shall comply with all standards in this code and in other regulations adopted by the Town of Hudson, except as permitted by section 16-12, Pre-existing development—Nonconformities, and except as those standards may be adjusted by the planning director pursuant to section 16-41(e), Administrative adjustment.

(v)

Adequate provision of public services.

a.

The Town of Hudson and other governmental or quasi-governmental entities with responsibilities to provide public services to the proposed major subdivision have confirmed their ability to provide such services, or the applicant has taken responsibility, in writing, to provide those services. For purposes of this criterion, public services include but are not limited to water, sanitary sewer, storm drainage transmission and treatment, electricity, and communications facilities.

(2)

Final plat.

(i)

Adequacy of final plat and supporting materials.

a.

The final plat meets all planning, engineering, and surveying requirements of this code and applicable state requirements for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials.

(ii)

Inclusion of requested changes.

a.

The final plat includes any changes required by the town council in its decision regarding the preliminary plat.

(iii)

Development agreement and financial guarantees.

a.

A development agreement any financial guarantees required by the town have been prepared in form and substance acceptable to the town attorney and have been signed by the applicant and delivered to the town for recording along with the final plat.

(iv)

Liens and encumbrances.

a.

The final plat does not include a lien, conveyance, or encumbrance that applies to part, but not all, of any lot or parcel shown on the final plat. Encumbrances that encumber all of one (1) or more lots shown on the plat are permitted.

(v)

Taxes.

a.

All taxes applicable to the land have been paid, as certified by the Weld County treasurer's office.

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

(a)

Applicability.

(1)

This section applies to all applications to modify the terms of an approved subdivision or to replat one (1) or more undeveloped portions of a subdivision for which a final plat has already been recorded.

(2)

An application to vacate a portion of a recorded final plat and return that area to unplatted land is not a resubdivision, but a plat vacation, and is subject to approval as a minor subdivision pursuant to section 16-45.

(b)

Specific procedures.

(1)

Administrative plat amendment.

(i)

The planning director may approve applications for modifications of an existing recorded final plat for a minor or major subdivision in the following situations:

a.

Correction plats.

1.

Corrections of technical errors in approved and recorded final plats that do not increase the number of subdivided lots or parcels previously approved or recorded. Technical errors include errors to legal descriptions, acknowledgments, dedication language, plat notes and other items that do not constitute substantial modification of the approved plat.

b.

Boundary or lot line revision or correction.

1.

Revisions to boundary lines or lot lines for the purpose of correcting an engineering or survey error in a recorded plat, and that do not increase the number of subdivided lots or parcels previously approved or recorded.

c.

Modification for townhouse lots.

1.

Divisions of land to create individual townhouse lots, each to accommodate an existing single-household attached dwelling, from a lot or parcel currently platted as a single lot parcel and currently containing a single structure that includes more than one (1) attached single-household attached dwelling unit.

d.

Lot combination.

1.

Any combination of contiguous parcels of land into one (1) larger parcel that meets the following conditions.

i.

If the resulting parcel is less than thirty-five (35) acres in land area, there is only one (1) ownership interest.

ii.

If the resulting parcel is thirty-five (35) acres or larger in land area, the land area divided by the number of interests in the resulting parcel equals thirty-five (35) or more acres per interest.

e.

Easement vacation or relocation.

1.

The vacation of an easement within the boundaries of a recorded plat with the written consent of all parties whose properties are burdened or benefitted by the easement

2.

The relocation of an easement within the boundaries of a recorded plat with the written consent of all parties whose properties are burdened or benefitted by the easement in both its current and proposed locations.

f.

Minor adjustment.

1.

A change to an approved plat that the planning director could have approved as an adjustment to otherwise applicable subdivision standards pursuant to section 16-41(d)(6).

(2)

Following any planning commission recommendation of approval or approval with conditions, the planning director shall require public notice pursuant to section 16-48(f)(2)(iii), Posted notice, and section 16-48(f)(2)(ii), Mailed notice, including the following information:

(i)

The recommendation of the planning commission, and any conditions attached to the recommendation;

(ii)

The planning director's intention to make a decision on a final plat consistent with that recommendation and the requirements of this code by a date that is not less than fifteen (15) days after the date of posted and mailed notice;

(iii)

An opportunity for the public to make written comments regarding the proposed subdivision, the recommendation, and their compliance with the requirements of this code, within such fifteen (15)-day period; and

(iv)

The mailing and electronic address to which such comments may be delivered.

(3)

The planning director may require that the applicant provide any or all of the supporting materials that could have been required in connection with the initial application for the subdivision being modified, as necessary to evaluate the potential impacts of the requested change, including but not limited to updated documentation of adequate water supply.

(4)

If the planning director determines that the application qualifies for review as an administrative plat amendment, and approves or approves with conditions the application with conditions pursuant to the criteria in subsection (c) below, the applicant shall prepare a revised final plat reflecting the approved changes with all applicable conditions approved by the planning director.

(5)

The revised final plat shall be submitted to the town council for signature within one hundred twenty (120) calendar days from the date of the planning director's approval of the final plat.

(6)

The final plat shall be filed for recording with the Weld County Clerk and Recorder within thirty (30) days after the date of signature by the town council.

(c)

Major plat amendment.

(1)

Any application to modify a recorded final plat that the planning director determines does not meet the criteria in subsection 1 above, or that involves the vacation of all or part of an existing plat, shall require a new application to be submitted and reviewed in accordance with the full procedure and fee requirements applicable for approval of a minor subdivision (if the proposed change involves for or fewer lots or involves the consolidation of existing lots), or a major subdivision (in all other cases).

(2)

Criteria for approval.

(i)

The planning director may approve a minor change to an existing recorded final plat if the planning director determines that the revised plat and related conditions comply with approval criteria that would have applied if the revisions had been included in the original plat application.

(ii)

The planning commission may approve an application for a major change to a minor subdivision, and the town council may approve a major change to a major subdivision, if they determine that:

a.

The revised plat complies with the approval criteria that would have applied if the revisions had been included in the original plat application; and

b.

If the application is for vacation of some or all of a recorded subdivision plat, the plat preserves public street or road access to each of the lots or parcels in the plat that are not being vacated.

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

(a)

Administrative decisions.

(1)

Floodplain development permit.

(i)

Applicability.

a.

This section applies to each application construction or modification of a building or structure, or for a change in land use, of any property that is in a mapped floodway or flood fringe area.

b.

The planning director may waive or modify the requirement to obtain a floodplain development permit or for compliance with one (1) or more standards for:

1.

Emergency activities required for the immediate protection of life, safety, or property, or to restore essential public services;

2.

Minor disaster recovery repair work that does not cause a rise in predicted 100-year water surface elevation as determined by a qualified engineer licensed in Colorado; and

3.

Any development activities that take place entirely inside an existing building.

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures, for a decision by the planning director shall apply unless specifically modified by this section.

b.

The decision on whether to issue a floodplain development permit shall be made by the town engineer rather than the planning director.

c.

All development applications for a permit or approval under this code affecting any land in the floodplain shall be forwarded to the town engineer for review and comment.

d.

All applications for building permits for property located within the floodplain shall be forwarded by the town building official to the town engineer for review and approval, and a building permit shall not be issued until the town engineer has determined whether a floodplain development permit is required.

e.

All applications for approval of a new on-site wastewater treatment system (OWTS) or repairs or replacement of an existing OWTS for property located within the floodplain shall be forwarded by the town building official to the town public health officer and the town engineer, and no permit related to the OWTS shall be issued until the town engineer has determined whether a floodplain development permit is required.

f.

The town engineer shall determine whether to approve a general floodplain development permit (with or without conditions) or an individual floodplain development permit (with or without conditions) based on the standards in section 16-86, Floodplain regulations, and the criteria in subsection 3 below.

g.

If the town engineer determines that the application qualifies for approval of a general floodplain development permit, the following information shall be included on the face of the permit:

1.

A list of specific uses and activities that are within the scope of the general floodplain development permit;

2.

Whether or not property owners must notify the town engineer prior to beginning work on an activity included within the general floodplain development permit. The town engineer shall require such notification for development activities for which it is necessary to evaluate individual and cumulative impacts, ensure minimum compliance with federal and state floodplain rules, and confirm that the uses or activities are unlikely to increase base flood elevations or have an adverse effect on neighboring properties, species, or ecosystems; and

3.

Conditions of approval, if any, for work approved under the general floodplain development permit.

h.

If additional information is necessary to determine if a general or individual floodplain development permit is required, the town engineer will inform the owner within fourteen (14) days of determination of a complete application.

i.

If the town engineer determines that an individual floodplain development permit application for any development in the floodway is required, and that the application meets the review criteria for an individual floodplain development permit in subsection 3 below, the town engineer shall send a written notice to the applicant and to property owners adjacent to the subject property within five (5) days after permit approval.

j.

Each decision to approve, conditionally approve, or deny a floodplain development permit shall be in writing and mailed or otherwise provided to the applicant.

k.

All development, redevelopment, and uses of land pursuant to an approved floodplain development permits are subject to final inspection by the town engineer before occupancy of any structure and before initiating activities outside of a structure to verify that all conditions of approval have been satisfied.

(iii)

Criteria for approval.

a.

General floodplain development permit.

1.

The town engineer may approve a general floodplain development permit, or approve it with conditions, if the town engineer determines that:

i.

The uses and activities included in the application:

(a)

Are consistent with the comprehensive plan and any adopted watershed plan applicable to the all or part of the land on which the uses and activities are proposed;

(b)

Comply with all applicable requirements for construction, development, and use of land in the floodplain section;

(c)

Are likely to have little or no effect on the efficiency or capacity of the floodway;

(d)

Are likely to have little or no effect on lands upstream, downstream and in the immediate vicinity of the development covered under the general floodplain development permit including, without limitation, utility and transportation facilities;

(e)

Will not result in an unreasonable risk of harm to people or property both onsite and in the surrounding area from natural hazards;

(f)

Are likely to have little or no effect on the flood profile and flood heights;

(g)

Are likely to have little or no effect on any tributaries to the main stream, drainage ditches, water supply and irrigation ditches, storm drainage facilities, reservoirs, or any other drainage or irrigation facilities or systems;

(h)

Are likely to have little or no effect on the flood management program for the area(s) in question and will not result in the need for additional public expenditures for flood protection or prevention;

(i)

Will not result in new human occupancy of structures;

(j)

Are likely to have little or no effect on the safety of access to property by ordinary and emergency vehicles in times of flood;

(k)

Are likely to have little or no effect on the watercourse, including streambanks and streamside trees and vegetation;

(l)

Are unlikely to require additional flood protection based on historical flood evidence, increased development upstream, or other flood-related hazards such as flash flooding, debris flows, rockfalls, mudslides, landslides, avalanches, channel avulsions, alluvial fan hazards, erosion and deposition of material, debris dams, ice jams, and high flood depths or velocities;

(m)

The cumulative effect of the uses or activities covered by the general floodplain development permit along with other existing and anticipated uses is unlikely to increase flood heights more than the allowances specified in section 16-86; and

(n)

The heights and velocities of the floodwaters expected in the area where the uses or activities covered by the general floodplain development permit will not adversely affect the development of surrounding property.

b.

Individual floodplain development permit.

1.

The town engineer may approve an individual floodplain development permit, or approve it with conditions, if the town engineer determines that:

i.

The application complies with all applicable requirements for construction, development, and use of land in state or federal law;

ii.

The application complies with all applicable requirements for construction, development, and use of land in a floodplain; and

iii.

If the property includes an on-site wastewater treatment system, the application also incorporates all recommendations from the town health official regarding the design and operation of that system.

iv.

The application will not materially increase base flood elevations or materially elevate flood risks to upstream and downstream properties, based on a review of:

(a)

The effect of the proposal upon the efficiency or capacity of the floodway;

(b)

The effect on lands upstream, downstream and in the immediate vicinity of the development including without limitation utility and transportation facilities;

(c)

The probability that the proposal will result in unreasonable risk of harm to people or property, both onsite and in the surrounding area, from natural hazards;

(d)

The effect of the proposal on the flood profile and flood heights;

(e)

The effect of the proposal on any tributaries to the main stream, drainage ditches, water supply and irrigation ditches, storm drainage facilities, reservoirs, or any other drainage or irrigation facilities or systems;

(f)

The relationship of the proposed development to the flood management program for the area in question, including whether additional public expenditures for flood protection or prevention will be necessary;

(g)

Whether the applicant would obtain an undue advantage compared to later applicants who might request a permit;

(h)

Whether any proposed structure is for human occupancy;

(i)

The susceptibility of the proposed facility and its contents to flood damage;

(j)

The safety of access to the property by ordinary and emergency vehicles in times of flood;

(k)

Whether any proposed changes in a watercourse will have an environmental effect on the watercourse, including streambanks and streamside trees and vegetation;

(l)

The alignment of the proposed development with the comprehensive plan and any adopted watershed master plan for an area including the subject property, and any other planning-related documents pertaining to development in the town;

(m)

Whether the cumulative effect of the proposed development with other existing and anticipated uses will increase flood heights beyond the allowances specified in section 16-86;

(n)

Whether the heights and velocities of the floodwaters expected at the site will adversely affect the development of surrounding property; and

(o)

Whether additional flood protection is necessary based on historical flood evidence, increased development upstream, or other flood-related hazards such as flash flooding, debris flows, rockfalls, mudslides, landslides, avalanches, channel avulsions, alluvial fan hazards, erosion and deposition of material, debris dams, ice jams, and high flood depths or velocities.

(2)

No significant impact oil and gas permit.

(i)

Applicability.

a.

This section applies to all applications for oil and gas operations that are subject to this code pursuant to section 16-87(c), Oil and gas permit required, and that are categorized by the planning director as an application for a no significant impact oil and gas operation. An oil and gas operation shall be classified as a no significant impact oil and gas operation if it consists of the following elements:

1.

The oil and gas operation, without mitigation, in its proposed location is unlikely to have any significant adverse impact to the town, taking into consideration the standards for oil and gas operation in section 16-87; and

2.

The oil and gas operation will consist solely of the installation or construction by one (1) operator of no more than five (5) wells during the same calendar year, none of which are within one (1) mile of each other and there is no other well(s) existing or proposed within one (1) mile of the proposed well(s); or

3.

The oil and gas operation will consist solely of the installation or construction, by one (1) operator, of no more than five (5) flow lines or gathering lines within one (1) mile of each other, during the same calendar year; or

4.

The oil and gas operation will consist solely of the installation or construction by one (1) operator of storage yards and construction staging areas disturbing one (1) acre or less, during the same calendar year.

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures, for a decision by the planning director shall apply unless modified by this subsection 2.

b.

After the planning director has confirmed that a complete application for an oil and gas permit has been received and that the planning director has classified it as an application for a no significant impact oil and gas permit:

1.

The applicant shall provide notice pursuant to section 16-41(e); and

2.

The applicant shall make reasonable efforts to provide written notice to any owners of water rights in any ditches or other water structures located within one thousand five hundred (1,500) feet of the proposed oil and gas operation, and shall document such notice provided pursuant to section 16-41(e)(2)(viii), Responsibility for notice.

3.

Following the planning director's decision on the application, the applicant shall provide written notice of the decision to those parties entitled to notice pursuant to subsections 1 and 2 above.

(iii)

Criteria for approval.

a.

The planning director shall approve the application, or approve it with conditions, if it complies with the criteria in section 16-41(f)(1)(v)1., including but not limited to compliance with the standards in section 16-87(c), Oil and gas permit required.

(3)

Sign permit.

(i)

Applicability.

a.

This subsection (3) applies to the erection, placement, or installation of a sign, or changes to a sign, for which a permit is required pursuant to section 16-81(d).

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures, for a decision by the planning director shall apply.

b.

A decision to approve, approve with conditions, or deny an application for a sign permit shall be made within thirty (30) days after the town's receipt of a complete application.

(iii)

Criteria for approval.

a.

The planning director shall approve the application, or approve it with conditions, if it complies with the criteria in section 16-41(f)(1)(v)1., Decision by planning director including but not limited to compliance with the standards in section 16-81, Sign regulations.

b.

The planning commission shall approve applications to increase the maximum freestanding sign height, or approve it with conditions, if it complies with all other criteria in section 16-41(f)(1)(v)1., Decision by planning director, including but not limited to compliance with the standards in section 16-81, Sign regulations, except maximum freestanding sign height, and does not negatively impact nearby properties as a result of the sign's lighting, location or similar characteristics.

c.

No condition attached to the approval of any sign permit shall include any form of content regulation prohibited by state or federal law.

(4)

Site plan.

(i)

Applicability.

a.

When required.

1.

Site plan review is required for all development and changes of use subject to this Code, and must occur before issuance of a building permit, site grading, or construction of site improvements, unless exempted by subsection b. below.

b.

Exemptions.

1.

The following uses and activities are exempt from the requirement to obtain a site plan approval, but must still comply with all applicable requirements of this code related to the uses or activities being constructed and buildings and structures being erected the lot or parcel:

i.

Up to four (4) residential dwelling units in a single structure on a legally established lot;

ii.

One (1) accessory dwelling unit on a legally established lot that contains or will contain a single-household detached dwelling unit;

iii.

Construction of sheds and other structures smaller than two hundred (200) square feet in gross floor area that are accessory structures to a principal residential structure containing up to four (4) dwelling units;

iv.

Excavations of less than five hundred (500) cubic yards of material;

v.

Interior improvements and tenant finish.

(ii)

Specific procedures.

a.

All provisions of section 16-41, Common review procedures, applicable to staff review and a decision by the planning director shall apply.

(iii)

Criteria for approval.

a.

The planning director shall approve the site plan, or approve it with conditions, if the application complies with the following criteria:

1.

The site plan complies with all applicable standards in this code.

2.

The site plan complies with all previous approvals and agreements related to the property, subject to the provisions of section 16-41(f)(5), Modification of previous agreements concerning the property.

(5)

Wireless communications facility (WCF)—Eligible facility.

(i)

Applicability.

a.

This section applies to each application for a WCF that meets the definition of an eligible facility.

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures, for a decision by the planning director shall apply, unless modified by this subsection (5).

b.

The planning director shall make a decision on the application within sixty (60) days after the town receives an application for an eligible facility.

c.

Within ten (10) days after receipt of the application, the planning director shall determine whether it meets the definition of an eligible facility. If the planning director determines that the application does not meet that definition, the timeframes and provisions of this subsection (5) shall not apply, and the provisions of subsection (6) shall apply instead.

d.

If the planning director determines that the application meets the definition for an eligible facility, but that the application is incomplete, the sixty (60)-day review period shall be tolled. The timeframe for review begins running again when the applicant makes a supplemental submission in response to the planning director's notice of incompleteness. Within ten (10) days after the supplemental submission, the planning director shall notify the applicant in writing if the supplemental submission did not provide the information identified in the original incompleteness notice. The timeframe is tolled in the case of a second or subsequent incompleteness notice pursuant to the procedures for the first incompleteness notice. Second or subsequent incompleteness notices may not specify any missing documents or information that were not identified in the original incompleteness notice.

e.

If the planning director fails to act on an application for an eligible facility within the timeframe for review, accounting for any tolling, the request shall be deemed granted. The effective date of a deemed-granted approval shall be the day the town receives written notice from the applicant, after the review period, accounting for any tolling, has expired, that the application has been deemed granted.

(iii)

Criteria for approval.

a.

The planning director shall approve an application for a wcf facility that meets the definition for an eligible facility, or approve it with conditions, if the application:

1.

Does not result in a substantial change;

2.

Complies with the originally approved design elements and other conditions of approval, including but not limited to colors, textures, surfaces, scale, character, mounting, projection and siting, or any approved amendments thereto, except where noncompliance with those elements or conditions is solely limited to the thresholds of increase in height, increase in width, addition of cabinets or new excavation or deployment area identified in the definition of substantial change; and

3.

Complies with all other applicable state and federal laws and regulations.

(6)

Wireless communications facility (WCF)—Non-eligible facility.

(i)

Applicability.

a.

This section applies to each application for a WCF that does not meet the definition of an eligible facility.

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures, for a decision by the planning director shall apply unless specifically modified by this section.

b.

If the planning director determines that the application does not meet the definition of an eligible facility, the presumptively reasonable timeframe under 47 U.S.C. § 332(C)(7), and as discussed by the FCC's wireless infrastructure deployment for 5G Order, 33 FCC Rec 9088 (14), and under the, will begin to run from date of the planning director's decision.

c.

The town shall notify the applicant in writing promptly following the planning director's determination, and shall include in the notice any request for additional information from the applicant reasonably necessary to evaluate the application under section 332(C)(7) review. If such additional information is requested, the timeframe for decision on the application under section 332(C)(7) will begin to run on the date that such additional information is received by the town.

d.

If the application is for collocation of a new antenna or equipment on an existing structure, and the planning director determines that the application does not meet the definition of an eligible facility request, the director the planning director shall make a decision on an eligible facilities request for collocation on an existing structure within ninety (90) days after the planning director determines that the application is complete, except as provided in subsection f below.

e.

If the application is for any WCF related action other than the collocation of a new antenna or equipment on an existing structure, and the planning director determines that the application does not meet the definition of an eligible facility request, the planning director shall make a decision on an eligible facilities request for collocation on an existing structure within one hundred fifty (150) days after the planning director determines that the application is complete, except as provided in subsection f below.

f.

If a third-party technical study or expert review is required to confirm whether the application complies with this code and applicable laws and regulations, the planning director's decision may be postponed until fifteen (15) days after the study is complete.

g.

Any decision to deny the application shall be in writing and include specific reasons for the action.

(iii)

Criteria for approval.

a.

The planning director shall approve an application for a WCF facility that does not meet the definition of an eligible facility request, or approve it with conditions, if the application complies with the standards in section 16-88, Wireless communication facilities (WCF), and all other applicable provisions of state and federal law.

(b)

Decisions by an appointed body.

(1)

Appeal.

(i)

Applicability.

a.

This section applies to appeals of a final decision under this code or an interpretation of this code made by the director or another town/city administrative official.

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures, for a decision by the board of adjustment shall apply unless specifically modified by the provisions below:

1.

An appeal may be submitted by a person aggrieved by the decision being appealed.

2.

A person aggrieved shall include but is not limited to the applicant, by the owner of a property that is adjacent to or partially or completely located within three hundred (300) feet of the property that was the subject of the application, or by the provider of a utility or public service that is affected by the decision.

3.

A person aggrieved does include any person that does not own, occupy, or use for business purpose any property within a reasonable distance of the property that was the subject of the decision or whose personal or business activities are not affected by the decision in any way not shared by the general public.

4.

The appeal shall be filed with the director within thirty (30) days of the date of the written interpretation or notice of decision.

5.

The application for appeal must specifically identify what section or subsection of this Code was interpreted or applied incorrectly.

6.

The director shall at once transmit to the board of adjustment all the papers constituting the record upon which the decision being appealed was made.

7.

The filing of a complete request for appeal stays all proceedings in furtherance of the decision being appealed unless the director or administrative official who made the decision certifies to the board of adjustment that by reason of facts stated in the certificate a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board of adjustment or by the district court based on due cause shown.

8.

In order for the board of adjustment to grant an appeal that reverses or modifies an administrative interpretation or decision, at least three (3) members of the board of adjustment must vote in favor of the appellant.

9.

Public hearing by the board of adjustment shall be held within forty-five (45) days of the date of determination of completeness unless the party appealing the decision agrees in writing to an extension of time beyond that date.

10.

Following the public hearing, the board of adjustment shall uphold, modify, or reverse the decision under this code or the interpretation of this code, based upon the criteria set forth in subsection 3. below.

11.

The director shall provide the applicant with written notice of decision by the board of adjustment within five (5) days of the date of the decision by the board of adjustment.

12.

Where the appeal concerns a land use or facility for which regulations of the state or federal government or decisions of state or federal courts require a prompt decision or a decision within a stated time period, the appeal shall be reviewed and a decision made within sixty (60) days of the date the complete appeal was filed, or within the date required by law if that is shorter than sixty (60) days, unless the owner of the property affected by the decision agrees to an extension of time beyond that date.

(iii)

Criteria for approval.

a.

The board of adjustment may reverse the decision being appealed only if the board of adjustment determines that the decision or interpretation being appealed was incorrect based on the standards and criteria in this code.

b.

As an alternative to reversal of the decision, the board of adjustment may modify the decision or interpretation, or may modify conditions attached to an approval being appealed, to bring it into conformance with the standards and criteria of this code, provided that such action does not have the effect of approving a variance that would not be permitted under section 16-48(b)(4), Variance.

(2)

Location and extent review of Public improvements.

(i)

Applicability.

a.

This section applies to any application any application by an entity other than the town/city to locate a street, square, park, or other public way, ground or open space, public building or structure, or publicly or privately owned public utility within the town/city.

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures, for a decision by an appointed body shall apply unless specifically modified by this subsection (ii).

b.

A neighborhood meeting pursuant to section 16-41(b) is not required.

c.

A public hearing pursuant to section 16-41(f)(3) is not required.

d.

The planning commission shall approve, approve with conditions, or deny the application based on the criteria for approval in subsection (iii) below.

e.

If the planning commission denies the application, the provisions of section 16-48(b)(1), Appeal, shall not apply, but the decision may be overruled by the town/city council or the entity with power to authorize or finance the proposed facility, as applicable, pursuant to C.R.S. 31-23-209.

(iii)

Criteria for approval.

a.

The planning commission shall approve the application or approve it with conditions if the location, extent, and character of the proposed facility is consistent with applicable provisions of the comprehensive plan.

(3)

Minor oil and gas permit.

(i)

Applicability.

a.

This section applies to all applications for oil and gas operations that are subject to this code pursuant to section 16-87, Oil and gas operations, and that are categorized by the director as an application for a minor oil and gas operation. An oil and gas operation shall be classified as a minor oil and gas operation if it consists of the following elements:

1.

The installation or construction by one (1) operator of a well within one (1) mile of an existing or proposed well; or

2.

The installation or construction by one (1) operator of six (6) to ten (10) wells during the same calendar year, none of which are within one (1) mile of each other and there is no other well(s) existing or proposed within one (1) mile of the proposed well(s); or

3.

The installation or construction by one operator of six (6) to ten (10) flow lines or gathering lines during the same calendar year, all within one (1) mile of each other.

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures, for a decision by the planning commission shall apply unless modified by this subsection (ii).

b.

After the director has confirmed that a complete application for an oil and gas permit has been received and that the director has classified it as an application for a minor oil and gas permit:

1.

The applicant shall provide all required notice for a public hearing pursuant to section 16-41(e), Scheduling and notice of public hearing; and

2.

The applicant shall make reasonable efforts to provide written notice to any owners of water rights in any ditches or other water structures located within one thousand five hundred (1,500) feet of the proposed oil and gas operation, and shall document such notice provided pursuant to section 16-41(e)(2)(viii), Responsibility for notice.

(iii)

Criteria for approval.

a.

The planning commission shall approve the application, or approve it with conditions, if:

1.

The proposed oil and gas operation complies with the criteria in section 16-41(f)(v), General review criteria, including but not limited to compliance with the standards in section 16-87, Oil and gas operations;

2.

The proposed oil and gas operation will not create any material negative impacts on the future use or development of land or water rights within one thousand five hundred (1,500) feet of the subject property, or any such material negative impacts have been mitigated to the maximum extent practicable.

(4)

Variance.

(i)

Applicability.

a.

This section applies to all applications requesting deviations from the standards and provisions of this code that do not qualify for approval as an administrative adjustment.

(ii)

Specific procedure.

a.

General.

1.

All applicable provisions of section 16-41, Common review procedures, for a decision by an appointed body shall apply unless specifically modified by the provisions below:

i.

In order for the board of adjustment to grant a variance, at least three (3) members of the board of adjustment must vote to do so.

ii.

All decisions on variances are site specific. No single decision of the board sets a precedent. The decision of the board shall be made on the particular facts of each case.

iii.

The planning director shall inform the applicant of the approval, conditions of approval, or basis for denial in writing within five (5) days of the date of the decision by the board of adjustment.

2.

Variance from flood protection regulations.

i.

If the application is for a variance from any standard or requirement related to flood protection standards applicable in the floodplain section, the following additional provisions apply. The board of adjustment may issue a variance for new floodplain construction of and substantial improvements to residential buildings on a lot that is one-half (½) acre or less in size contiguous to and surrounded by lots with existing buildings constructed below the flood protection elevation, but only if:

a)

The application meets the criteria in subsection (iii) below;

b)

The variance does not affect any land in any designated floodway; and

c)

Any applicant to whom such a variance is granted is given written notice that the building will be permitted to be built with a lowest floor elevation below the flood protection elevation and that the cost of flood insurance will be commensurate with the increased risk associated with the reduced lowest floor elevation.

(iii)

Criteria for approval.

a.

General.

1.

A variance application shall be approved or approved with conditions if the board of adjustment finds the request complies with the following criteria:

i.

One (1) of the following conditions is met:

a)

The variance is necessary because literal enforcement of the provisions of this code will result an unnecessary, and unreasonable hardship to the applicant caused by a unique site condition that is not generally applicable to other lots in the surrounding area; or

b)

The variance will allow a structure that is reasonably necessary for the convenience or welfare of the public; or

c)

The variance is necessary to allow or improve access to sunlight for solar energy devices.

ii.

The need for the variance was not knowingly created or created without investigation of code provisions by the owner, lessor, or operator of the property;

iii.

The grant of the variance will not prevent or impair the use of, or the supply of light and air to, adjacent conforming property within the same zoning district;

iv.

The grant of the variance will not prevent or impair the use of, or the supply of light and air to, adjacent conforming property within the same zoning district;

v.

The effect of granting the variance is to allow the applicant development potential similar to, but not greater than, other lots in the same zoning district in the surrounding areas.

(iv)

Variance from flood protection regulations.

a.

In addition to complying with the criteria in subsection (4) above, an application for a variance from the flood protection standards applicable in the floodplain section may only be approved after the board of adjustment has considered the following factors:

1.

The stated purposes of the floodplain section;

2.

The technical meaning of the provision being appealed;

3.

Evidence as to the past interpretation of the provision;

4.

The principles of interpretation and rules of construction in article 2, Definitions;

5.

The effect of the interpretation on the intent of this code and the implementation of the comprehensive plan and any applicable intergovernmental agreement affecting land use or development, and any floodplain management program for the subject area;

6.

The danger that materials may be swept onto other lands to the injury of others;

7.

The danger to life and property due to flooding or erosion damage;

8.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;

9.

The importance of the services provided by the proposed facility to the community;

10.

The necessity to the use or structure of a waterfront location, where applicable;

11.

The availability of alternative locations for the proposed use or structure that are not subject to flooding or erosion damage;

12.

The compatibility of the proposed use or structure with the existing and anticipated development;

13.

The safety of access to the property for ordinary and emergency vehicles in times of flood;

14.

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

15.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, streets, and bridges.

(v)

Variance from oil and gas facility regulations.

a.

An application for a variance from the standards for oil and gas facilities set forth in section 16-87 may only be approved after the board of adjustment has determined that the proposed variance will not materially increase risks to public health or safety and has considered the following factors:

1.

The operation of the oil and gas facilities in compliance with the town standards would result in an operational conflict with a mandatory state or federal oil and gas regulation, condition or other requirement; or

2.

There is no technology commercially available to operate the oil and gas facilities in compliance with the town standard for which the waiver is being sought, and the applicant will implement the best available technology in accordance with the industry standard.

(c)

Decision by town council.

(1)

Comprehensive plan adoption or amendment.

(i)

Applicability.

a.

This section applies to all applications to adopt or amend a comprehensive plan for the orderly development and redevelopment of the town.

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures for a decision by the town council shall apply unless modified by this subsection (iii).

(iii)

Criteria for approval.

a.

In making their recommendation or decision, the planning commission and town council, respectively, shall approve the adoption of a comprehensive plan, or an amendment to the comprehensive plan, only if it:

1.

Promotes the long term economic, social, and environmental health of the town;

2.

Provides for equitable treatment of and opportunities for all portions of the town population;

3.

Is consistent with or incorporates any master plan for the extraction of commercial mineral deposits adopted by the town pursuant to C.R.S. 34-1-304.

4.

Complies with all requirements of Colorado law regarding town comprehensive plans including but not limited to C.R.S. 31-23-200 et. seq; and

5.

Protects the public health, safety, and welfare of the town residents.

(2)

Conditional use review.

(i)

Applicability.

a.

This subsection C applies to each application to approve a land use indicated as a conditional use in the zoning district where the property is located in Table 16-5.3: Permitted Use Table.

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures for a decision by the town council shall apply unless specifically modified by the provisions below:

1.

A neighborhood meeting shall be held pursuant to section 16-41(b).

2.

Conditional use review applications may be reviewed in combination with a site plan application. However, each application shall be decided separately based upon the applicable criteria of this code, and the site plan decision shall be deemed approved only following approval or approval with conditions of the conditional use review application.

3.

Where the application concerns a land use or facility for which regulations of the state or federal government or decisions of state or federal courts require a prompt decision or a decision within a stated time period, the application shall be reviewed and decided upon within sixty (60) days of the date the completed application was filed, or within the date required by law, whichever is shorter.

(iii)

Criteria for approval.

a.

In making its recommendation or decision, the planning commission and the town council, respectively, shall approve the application or approve it with conditions if the application complies with the following criteria:

1.

The proposed use is consistent with the comprehensive plan;

2.

The proposed use complies with all applicable requirements of this code, including without limitation any applicable standards in section 16-62, Use regulations;

3.

The recommendations of referral agencies have been considered and addressed to the maximum extent practicable;

4.

The town or other service providers have the capacity to serve the development enabled by the rezoning with adequate roads, water, sewer, and other public services and facilities; and

5.

Any impacts on the surrounding area associated with the environment, wildlife, access, traffic, emergency services, utilities, parking, refuse areas, noise, glare, odor, and other material adverse impacts have been addressed and/or mitigated to the maximum extent practicable.

(3)

Land development code text amendment.

(i)

Applicability.

a.

This subsection shall apply to all applications to revise the text of this land development code, except for an application to create, modify, or repeal an overlay zoning district, that shall be processed pursuant to section 16-48(c)(6), Rezoning (amendment to official zoning map).

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures, for a decision by the town council shall apply unless specifically modified by the provisions below:

1.

Applications to amend the text of this code may be initiated only by the planning director, the planning commission, or the town council.

2.

Public hearing by the town council shall be held within forty-five (45) calendar days of the date of the planning commission's recommendation.

3.

Unless otherwise specified by the town council, an approved amendment to the text of this land development code shall become effective thirty (30) days after the town council decision.

4.

If a notice to military installations is required pursuant to section 16-41(e)(2)(v) and the military installation provides comments on the proposed change within the required fourteen (14)-day period, the town will consider such comments in its determination as to whether the criteria in subsection (iii) below have been met.

(iii)

Criteria for approval.

a.

In making its recommendation or decision, the planning commission and town council, respectively, shall approve the application or approve it with conditions if the proposed amendment complies with the following criteria:

1.

The proposed code amendment is consistent with the comprehensive plan, or is needed to implement the comprehensive plan, and is consistent with other policies and plans adopted by the town; and at least one (1) of the following criteria is met:

2.

The amendment is required because of changed conditions or circumstances in the area of the town surrounding the property; or

3.

The amendment is required to address a new or previously unforeseen threat to public health, safety, and welfare;

4.

The amendment is required to promote economic growth and investment that will not create material risks to public health, safety, and welfare; or

5.

The proposed code amendment provides for equitable treatment of and opportunities for all portions of the town population.

(4)

Major electric or natural gas facility statutory requirements.

(i)

Applicability.

a.

This section applies to any application by an application of a public utility or a power authority providing electric or natural gas service that relates to the location, construction, or improvement of major electrical or natural gas facilities.

b.

This section implements the requirements of C.R.S. 29-20-108. In the event of a conflict between the provisions of this section and those of C.R.S. 29-20-108, the provisions of state law shall apply, and the requirements of this section shall be modified to the least extent necessary to comply with C.R.S. 29-20-108.

(ii)

Specific procedure.

a.

Unless the town has an agreement with the applicant providing for a different timeframe for requests of additional information or for decision by the town council, the following shall apply:

1.

Within twenty-eight (28) days of the submission of an application the planning director shall notify the applicant of any additional information that must be supplied by the utility or authority to complete the application. The notice must specify the particular provisions of this code or other town land use regulations that require the submission of the additional information.

2.

A decision on the application by the town council shall be made within ninety (90) days after the town receipt of a complete application, or the date on which the applicant supplies to the town the additional information requested pursuant to subsection 1 above, whichever occurs first.

3.

If the town requests additional information after the twenty-eight (28)-day period listed in subsection 1, the ninety (90)-day decision requirement shall not be extended pending receipt of any of the requested information.

4.

The town may request information related to the application from a state agency, but any delay or failure of the state agency to provide such information shall not extend the ninety (90)-day decision requirement.

5.

If the town denies the application, or approves it with conditions that the applicant determines will impair its ability to provide safe, reliable, and economical service to the public, the public utility or power authority may appeal the local government action to the public utilities commission for a determination under C.R.S. 29-20-108(5), C.R.S. 40-4-102, and other applicable provisions of state law. Any appeal of the decisions shall be conducted pursuant to section 16-48(b)(1), Appeal.

(iii)

Criteria for approval.

a.

The planning board may recommend approval or approval with conditions, and the town council may approve the application or approved it with conditions if the town council determines that:

1.

The applicant has timely performed all of its duties to the town under C.R.S. 29-20-108, including without limitation:

i.

Its duty to notify the town of its plans to site a major electrical or natural gas facility at those times required by C.R.S. 30-20-108(4)(a);

ii.

Its duty to consult with the town regarding the proposed route of the major electrical or natural gas facility, and to attempt to resolve any land use issues, pursuant to C.R.S. 30-28-108(4)(a);

iii.

Its duty to present to the town reasonable siting and design alternatives to its preferred location, or to explain why no reasonable alternatives are available, pursuant to C.R.S. 30-28-108(4)(b); and

iv.

Its duty to timely notify the town of the potential to locate a powerline trail in connection with the proposed facility, pursuant to C.R.S. 30-28-108(6); and

v.

Any material negative impacts of the proposed major electrical or natural gas facility have been mitigated to the maximum extent practicable.

(5)

Major oil and gas permit.

(i)

Applicability.

a.

This section applies to all applications for oil and gas operations that are subject to this code pursuant to section 16-87, Oil and gas operations, and that are categorized by the planning director as an application for a major oil and gas operation. An oil and gas operation shall be classified as a major oil and gas operation if it is not classified as a minor oil and gas operation or a no significant impact oil and gas operation.

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures for a decision by the town council shall apply unless modified by this subsection (e)(b).

1.

After the planning director has confirmed that a complete application for an oil and gas permit has been received and that the planning director has classified it as an application for a major oil and gas permit:

i.

The applicant shall provide all required notice for a public hearing pursuant to section 16-41(e), Scheduling and notice of public hearing; and

ii.

The applicant shall make reasonable efforts to provide written notice to any owners of water rights in any ditches or other water structures located within one thousand five hundred (1,500) feet of the proposed oil and gas operation, and shall document such notice pursuant to section 16-41(e)(2)(viii), Responsibility for notice.

(iii)

Criteria for approval.

a.

The planning commission shall recommend, and the town council shall approve, or approve with conditions, if:

1.

It complies with the criteria in section 16-41(f)(v), General review criteria, including but not limited to compliance with the standards in all applications for oil and gas operations that are subject to this code pursuant to section 16-87, Oil and gas operations; and

2.

Any material negative impacts on the future use or development of land or water rights within one thousand five hundred (1,500) feet of the subject property have been mitigated to the maximum extent practicable.

(6)

Rezoning (amendment to official zoning map).

(i)

Applicability.

a.

This subsection applies to all applications to change the zoning district classification of a lot or parcel to a different zoning district classification, including applications to create or repeal a planned unit development zoning district, or to create, modify, or repeal an overlay zoning district.

(ii)

Specific procedure.

a.

All applicable provisions of section 16-41, Common review procedures for a decision by the town council shall apply unless specifically modified by the provisions below:

1.

If the application is to create or modify a planned unit development zoning district, the application shall comply with all requirements of article 6, Planned unit development. In the event of a conflict between the requirements of article 6 and this section 16-48(c)(6), the provisions of article 6 shall apply.

2.

Except as stated in subsection 1, an application for rezoning may be initiated by the owner of the property that is the subject of the application, the planning director, the planning commission, or the town council.

3.

The public hearing by the planning commission shall be held within forty-five (45) calendar days after a complete application has been received.

4.

The public hearing by the town council shall be held within forty-five (45) calendar days of the date of the planning commission's recommendation.

5.

If a notice to military installations is required pursuant to section 16-41(e)(2)(v), and the military installation provides comments on the proposed change within the required fourteen (14)-day period, the town will consider such comments in its determination as to whether the criteria in subsection (iii) below have been met.

6.

If the owners of at least twenty percent (20%) of the land included in a rezoning or the land located within one hundred (100) feet of a parcel of land proposed for rezoning file a protest, then the affirmative vote of at least two-thirds (⅔) of the municipal council will be necessary to adopt the rezoning.

(iii)

Criteria for approval.

a.

In making their recommendation or decision, the planning commission and the town council, respectively, shall approve the application, or approve it with conditions, if it complies with the criteria in section 16-41(f)(v)(2), Recommendation by planning commission and decision by and the following criteria:

1.

The proposed rezoning addresses technical errors in the current zoning district map; or

2.

The rezoning is required because of changed conditions or circumstances in the area of the town surrounding the property, or is needed to implement the comprehensive plan; and

3.

The proposed rezoning is consistent with the comprehensive plan and with other policies and plans adopted by the town;

4.

Any impacts on the surrounding area associated with the environment, wildlife, access, traffic, emergency services, utilities, parking, refuse areas, noise, glare, odor, and other material adverse impacts have been or will be addressed or mitigated to the maximum extent practicable through compliance of future development with the provisions of this Code or through a development agreement with the applicant;

5.

The proposed rezoning provides for equitable treatment of and opportunities for all portions of the town population;

6.

The town or other service providers have the capacity to serve the development enabled by the rezoning with adequate roads, water, sewer, and other public services and facilities;

7.

If the application is to create or modify an overlay zoning district, the application will effectively and efficiently promote the purpose of the overlay zoning district;

8.

If the rezoning is to a create or modify a PUD zoning district:

i.

A general development plan has been submitted with the application, and the general development plan complies with all applicable standards and requirements of section 16-57, Planned unit development (PUD); and

ii.

The application complies with the criteria for approval in article 6, Planned unit development. In the event of a conflict between the criteria for approval in article 6 and those in this section 16-48(c)(6), the criteria for approval in article 6 shall apply.

(7)

Annexation.

(i)

Intent.

a.

The purpose of this section is to provide a procedure to process annexation.

(ii)

Filing of petitions.

a.

Petitions for annexation and for annexation elections shall be filed with the planning department. The town clerk shall refer the petitions to the town council as a communication.

(iii)

Review of petitions.

a.

Upon receipt of the petitions, the town council, without undue delay, may take any of the following actions:

(i)

Determine that the petitions do not substantially comply with the requirements of C.R.S. 31-12-107(1)(a), which will require that no further action be required;

(ii)

Determine that the petitions do substantially comply with the requirements of C.R.S. 31-12-107(1)(a), which will require that the town council establish by resolution the date, time and place that the town council will hold a public hearing not less than thirty (30) nor more than sixty (60) days after the resolution setting the hearing, unless otherwise required by state law; or

(iii)

Table any action on the annexation petition for a period of time not to exceed one hundred eighty (180) days.

b.

Concurrent zoning and annexation.

(i)

Town council may process annexation and zoning requests concurrently.

(ii)

The planning commission shall not review any zoning proposal for real property located outside of the boundaries of the town until the town council has determined that annexation petitions describing the property substantially comply with the requirements of C.R.S. 31-12-107(1)(a), or the town council has tabled any action on the annexation petitions for a period of time not to exceed one hundred eighty (180) days.

(8)

Disconnection of territory from the town.

(i)

Specific procedure.

a.

Only territory within and adjacent to a boundary of the town may be disconnected from the town. No property may be disconnected if it has been platted into lots or blocks unless such lots and blocks are vacated by the town council.

1.

Application for disconnection by the town. The town may only seek to disconnect property that the town owns or that is a public right-of-way. For purposes of this section, the town may disconnect any public right-of-way within and adjacent to a boundary of the town upon its own application and with the consent of Weld County as long as disconnection of the right-of-way does not create a municipal satellite pursuant to C.R.S. 31-12-104.

2.

Application for disconnection by a property owner. A property owner owning property within and adjacent to a boundary of the town may apply to the town for disconnection of their property.

b.

Upon receipt by the planning department of an application for disconnection, the town clerk shall refer the application to the town council for consideration at its next regular town council meeting, provided such application is complete and is submitted at least ten (10) days prior to such meeting.

c.

Following initial consideration, the town council shall set a public hearing for consideration of disconnection not less than thirty (30) days after such initial consideration.

d.

Not less than fourteen (14) days prior to the public hearing, the town clerk shall mail notice of the disconnection application and the public hearing thereon to Weld County, all property owners of record immediately adjacent to the territory sought to be disconnected, and any special districts within the territory under consideration for disconnection, and shall also conspicuously post notice of the application and the public hearing on the territory.

e.

At the public hearing, the town council shall hear from the property owner(s) applying for disconnection, if applicable, shall receive staff reports, and shall accept comments from Weld County, any applicable special districts, and any member of the public seeking to comment in favor of or against disconnection.

f.

Disconnection shall be approved by an ordinance containing the findings required by section 16-48(c)(8)(iii) herein.

(ii)

Contents of a disconnection application.

a.

An application for disconnection of territory shall contain the following:

1.

A legal description, survey and, if applicable, identification of ownership of the territory sought to be disconnected together with proof of such ownership and owner consent;

2.

A statement that the territory is located within and adjacent to the border of the town;

3.

A statement that no part of the territory has been duly platted into lots and blocks or, if platting of lots and blocks has occurred, a statement that the applicant seeks vacation of said lots or blocks as part of the disconnection process;

4.

A statement that all taxes or assessments lawfully due upon the territory, up to the time of the filing of the application, have been fully paid; and

5.

A statement indicating whether the town has maintained streets, lights, or other public utilities through or adjoining the territory and, if so, for how long.

(iii)

Disconnection by ordinance.

a.

Prior to approving any disconnection, the town council shall find that all the following conditions exist:

1.

The territory is located within and adjacent to the border of the town;

2.

The territory is not urban and shall not be urbanized in the foreseeable future;

3.

The territory cannot be reasonably integrated with the town;

4.

Urban services cannot be reasonably extended to serve the territory;

5.

Disconnection of the territory will not negatively impact Weld County or any special district within the territory being disconnected; and

6.

The town will not be prejudiced by the disconnection of the territory, in the opinion of the town council.

b.

The disconnection ordinance shall specify that the zoning placed on the territory by the town remains in full force and effect after disconnection unless and until changed by Weld County or another annexing jurisdiction.

c.

For an application submitted by the town seeking disconnection of town-owned property or public right-of-way, a majority vote of the entire town council shall be required to approve a disconnection ordinance. For an application submitted by a property owner, a two-thirds (⅔) affirmative vote of the entire town council and, in no case, fewer than five (5) affirmative votes, shall be required to approve a disconnection ordinance.

d.

An unsuccessful application for disconnection may not be brought again for a period of twelve (12) months.

e.

The town clerk shall file two (2) certified copies of the disconnection ordinance with the Weld County Clerk and Recorder immediately upon adoption of the disconnection ordinance. The Weld County Clerk and Recorder shall file the second certified copy with the Colorado Department of Local Affairs, Division of Local Government in the Department of Local Affairs, as provided by C.R.S. 24-32-109.

(iv)

Taxes due after disconnection.

a.

Disconnected territory is not exempt from paying any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the town while such territory was within the town limits that remains unpaid or for the payment of which said territory could be lawfully taxed. The Weld County Treasurer shall remit to the town all moneys collected by or on account of such tax, to be applied only to the payment of such indebtedness.

(v)

Disconnection agreement.

(vi)

The town council may establish terms and conditions for granting a disconnection by a disconnection agreement, which terms shall survive the disconnection of the territory.

(d)

Modification of previous approval.

(1)

Applicability.

(i)

This section applies to application to modify a previous approval under section 16-48, Specific procedures for zoning and site development, except for the following:

a.

The adoption or amendment of the comprehensive plan pursuant to section 16-48(c)(1);

b.

An amendment to the text of the code pursuant to section 16-48(c)(3); and

c.

An amendment to the zoning map pursuant to section 16-48(c)(6).

(ii)

Each modification of an action listed in subsection (i) above shall require the party proposing the change to complete all of the application and review procedures, and shall be subject to the same approval criteria, applicable to the original decision proposed to be modified.

(2)

Minor changes.

(i)

General.

a.

Unless subsection b. below applies, the planning director may approve minor changes from an approval under this code, without the need for a new application, provided that the planning director determines that the proposed changes:

1.

Comply with the standards of this code;

2.

Are consistent with any conditions attached to the approval;

3.

Are necessary to meet conditions of approval or commitments or to accommodate or mitigate site conditions that were not known at the time of the approval; and

4.

Would not significantly alter the function, form, intensity, character, demand on public facilities, or impact on adjacent properties more than the original approved.

b.

No minor change may be approved if it would:

1.

Increase the number of approved dwelling units in the development;

2.

Increase the amount of gross floor area in the development by more than five percent (5%);

3.

Reduce the among of public or private open space in the development by more than five percent (5%);

4.

Change the location of any motor vehicle access point into the development by more than one hundred (100) horizontal feet on any boundary where the development is adjacent to residential uses; or

5.

Change any dimensional standards by more than the amount the planning director might have approved through the administrative adjustment process in section 16-48(d)(5).

(3)

Modification of floodplain development permit.

(i)

Any proposal to change the nature or extent of work approved under an approved floodplain development permit shall be reviewed by the town engineer to determine whether the proposed change constitutes a substantial modification to the approved plan.

(ii)

If the town engineer determines that the change constitutes a substantial modification, no such change will be allowed to proceed until an application to amend the approved floodplain development permit is approved.

(iii)

Any new application is subject to the version of this code in effect at the time of complete application.

(4)

Major changes.

(i)

Any modification of an approved plan, permit, or condition of approval that the planning director determines does not meet the criteria in subsection (1) above shall require a new application to be submitted and reviewed in accordance with the full procedure and fee requirements applicable to the original application.

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