(a)

Membership and Term. Chapter 2 Article III of the Kersey Municipal Code describes the membership requirements and terms of office of members of the Kersey Board of Trustees.

(b)

Land Use Powers and Duties Authorized by State Statute. The authority granted to the Town of Kersey, by and through its Board of Trustees, under state statute includes, but is not limited to, the following.

(1)

Implementation of Comprehensive Plan. In addition to authority granted to the Board of Trustees general or special law, the Board has authority to take such other action not delegated to the Planning Commission, the Board of Adjustment or the Town Manager, as the Board of Trustees may deem desirable and necessary to implement the provisions of the comprehensive plan and this Land Use Code.

(2)

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

(3)

Location and Extent Review of Public Improvements. Reviewing and making a decision on any Planning Commission denial of an application 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 based on a review of the location, character, and extent of the proposed project in relation to the adopted comprehensive plan, pursuant to C.R.S. 31-23-209, as now existing or as amended in the future.

(4)

Regulations for Removal of Weeds and Rubbish. Authority to enact regulations compelling the removal of weeds and rubbish.

(5)

Intergovernmental Agreements for Land Use and Development. Authority to enter into intergovernmental agreements and agreements with private parties to plan for and control land use and development.

(c)

Additional Powers Related to this Code. In addition, the Board of Trustees shall have those powers and duties related to this Code shown in Table 22-5.1 Development Review Procedures Summary.

(a)

Membership and Term.

(1)

Appointment. The Kersey Planning Commission shall consist of five voting members appointed by the Mayor with the consent of the Board of Trustees. Voting members of the commission shall not simultaneously be a trustee or the Mayor for the Town, except that the Board of Trustees may fill a vacancy on the Planning Commission with one of the trustees, who shall be a voting member. The Mayor shall appoint one member of the Town Board of Trustees to serve as a non-voting liaison member of the Planning Commission.

(2)

Qualifications. Members of the Planning Commission shall be bona fide residents of the Town for a period of at least one year and, if any member ceases to reside in the Town, such member's membership on the Commission shall automatically terminate.

(3)

Compensation. All members of said commission shall be compensated per the current adopted fee schedule, except for a trustee filling a vacancy, the appointed members shall hold no other municipal office or be an employee of the Town.

(4)

Term. The at-large members shall serve a term of four years, which terms shall be staggered so that two terms expire on April 30 of each even-numbered year.

(5)

Removal. Members (both ex officio and citizen members) may be removed by the Board of Trustees if the member:

a.

Misses three consecutive meetings without good cause or neglects his duty or commits malfeasance in office;

b.

They Mayor or Board of Trustees shall provide written notice of the reasons for the proposed removal in writing at least seven days prior to removal and give the member an opportunity to respond to the governing body regarding the reasons set forth in the notice.

(6)

Vacancy. Vacancies occurring prior to the expiration of a term shall be filled for the remainder of the unexpired term by the Mayor with the approval of the Board of Trustees.

(7)

Alternate member. The Board of Trustees may appoint an alternate member of the Planning Commission. The alternate member shall be counted as a member for purposes of establishing a quorum. Such alternate member is encouraged to attend all meetings of the Planning Commission but shall only participate in the proceedings of the Planning Commission if a regular commissioner is absent from the meeting. If a regular commissioner is absent at the beginning of the meeting and later arrives, the alternate member shall finish the current agenda item, after which the regular member shall participate in the proceedings.

(8)

Officers. The Planning Commission shall select a chairman and vice-chairman from the non-ex officio members, except that the alternate member shall not serve as an officer of the Planning Commission. In the absence of both the chairman and vice-chairman, any member of the Planning Commission may conduct the meeting.

(b)

Land Use Powers and Duties.

(1)

Development of Comprehensive Plan. The Planning Commission is responsible for the development and adoption of the comprehensive plan and any amendments to that Plan, pursuant to with C.R.S. §§ 31-23-206 and 207, as now existing or as amended in the future, which refers to such plan as a master plan.

(2)

Decisions on Applications Under this Code. The Planning Commission has the authority to make those decisions related to the administration of this Code shown in Table 22-5.1 Development Review Procedures Summary pursuant to standards and criteria included in this Code.

(3)

Advisory Review Body on Applications Under this Code. The Planning Commission has the authority to review and make recommendations to the Board of Trustees regarding those land use matters as shown in Table 22-5.1 Development Review Procedures Summary. This includes studying and recommending changes to the Town's zoning map and proposing suitable zoning classifications for newly annexed areas.

(4)

Location and Extent Review of Public Improvements. The Planning Commission has the authority to approve or disapprove the location, character, and extent of any street, square, park, or other public way, ground or open space, public building or structure, or publicly or privately owned public utility that are proposed as part of any land development application, pursuant to C.R.S. 31-23-209, as now existing or as amended in the future.

(5)

Additional Statutory Powers. The Planning Commission is authorized to exercise the authority granted by state law, including those additional powers set forth in C.R.S. Title 31, Article 23, as now existing or as amended in the future. The Planning Commission is authorized to carry out the responsibilities set forth by this Code, any ordinance of the Town and the subdivision regulations or other tasks assigned to it by the Board of Trustees.

(c)

Public Meetings.

(1)

Monthly Meeting. The Planning Commission shall conduct at least one regular meeting each month, except that a meeting may be canceled by the chairman if there are no items to be considered by the Planning Commission or if a quorum is unavailable.

(2)

Quorum. Three members of the Planning Commission shall constitute a quorum.

(3)

Record of Proceedings. A member of the administrative staff of the Town shall attend each meeting and shall keep a record of the Planning Commission's resolutions, transactions, findings and determinations. If no administrative staff is available, a member of the Planning Commission shall keep the record for the Planning Commission. The records of the Planning Commission are public records.

(d)

Rules of Procedure.

(1)

Chairman. The Planning Commission shall elect its chairman from among the non ex officio members. In the absence of the chairman, any member of the Planning Commission may conduct the meeting.

(2)

Chairman's Term. The term of the chairman shall be one year, with eligibility for reelection.

(3)

Record Keeping. The Planning Commission shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.

(4)

Procedures. The procedures followed by the Planning Commission shall be set forth in the official bylaws adopted by the Planning Commission. All rules of procedure shall be consistent with the requirements of C.R.S. §§ 31-23-208, 31-23-215 and other applicable Colorado state law, as now existing or as amended in the future.

(a)

Membership and Term.

(1)

Appointment. The Board of Adjustment shall consist of five voting members appointed by the Mayor with the consent of the Board of Trustees,

(2)

Qualifications. Members of the Board of Adjustment shall be bona fide residents of the Town for a period of at least one year and if any member ceases to reside in the Town, his membership shall automatically terminate.

(3)

Compensation. All members of the Board of Adjustment shall serve as such without compensation and, except for a trustee filling a vacancy, the appointed members shall hold no other municipal office or be an employee of the Town.

(4)

Term. Each board member shall be appointed for a term of three years, and until their successors shall be duly appointed, two members shall be appointed for a term of three years, two members shall be appointed for a term of two years and one member for a term of one year so that the term of at least one member will expire each year.

(5)

Removal. Any member of the Board of Adjustment may be removed for cause (inefficiency, neglect of duty, malfeasance in office, conflict of interest, or repeated failure to attend required meetings) by the Board of Trustees, upon written charges and after a public hearing.

(6)

Vacancy. Vacancies occurring prior to the expiration of a term shall be filled for the remainder of the unexpired term by the Mayor with the approval of the Board of Trustees.

(b)

Land Use Powers and Duties.

(1)

Variance. The Board of Adjustment is the decision-making body for requests for variance from certain zoning dimensional requirements of this Code, including, but not limited to, setbacks, building heights, and lot sizes.

a.

The Board of Adjustment shall consider a request for variance based on the procedure set forth in Section 22-106, Variance.

b.

The Board of Adjustment does not have the authority to grant the following:

1.

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

2.

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

3.

A variance to a use-specific standard listed in Chapter 21, Article 5 Use Regulations;

4.

A variance from any definition; or

5.

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

c.

The vote of a supermajority (4/5) of the Board of Adjustment shall be required to approve a variance.

(2)

Appeal of Administrative Decision or Interpretation. The Board of Adjustment may consider an appeal by any person aggrieved by a final written administrative interpretation or decision based upon or made in the course of the administration or enforcement of the zoning regulations of this Code.

a.

Appeal to the Board of Adjustment shall not be allowed for building use violations that may be prosecuted by the court pursuant to C.R.S 31-23-307 as now existing or as amended in the future.

b.

The appeal process is set forth in Section 22-6 (l), Appeal.

c.

A supermajority vote of four out of five members of the Board of Adjustment is required to approve an appeal.

d.

A decision by the Board of Adjustment shall constitute the final action on the particular matter.

(3)

Additional Powers Related to this Code. In addition, the Board of Adjustment shall have those powers and duties related to this Code shown in Table 22-5.1: Development Review Procedures Summary.

(c)

Public Meetings.

(1)

Convening of the Board. The Board of Adjustment shall meet as called by the Chairman to take official action on the matters before the Board of Adjustment or at such other times as the board may determine. The meetings shall be open to the public, noticed in compliance with the applicable requirements for public notice set forth in this Code.

(2)

Quorum. Four members of the Board of Adjustment shall constitute a quorum necessary for official action.

(3)

Record of Proceedings. A member of the administrative staff of the Town shall attend each meeting and shall keep a record of the Board of Adjustment's proceedings, resolutions, transactions, findings and determinations. If no administrative staff is available, a member of the Board of Adjustment shall keep the record. The records of the Board of Adjustment are public records and shall be open to inspection by the public during the normal business hours of Town Hall.

(d)

Rules of Procedure. The Board shall adopt its own rules of procedure and shall keep a record of its proceedings showing the action of the Board and the vote of each member upon each question considered.

(1)

Procedures. The Board of Adjustment shall adopt its own rules of procedure.

(2)

Chairman's Term. The term of the chairman shall be one year, with eligibility for reelection.

(3)

Record Keeping. The Planning Commission shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.

(4)

Procedures. The procedures followed by the Board of Adjustment shall be set forth in the official bylaws adopted by the Board of Adjustment and pursuant to C.R.S. § 31-23-307 as now existing or as amended in the future.

(a)

General. The Town Manager shall generally be responsible for the implementation of the comprehensive plan and the administration, interpretation, and enforcement of this Land Use Code. The Town Manager has the authority to delegate any of the Town Manager's duties in this regard to Town employees or contractors.

(b)

Powers and Duties. In addition to the jurisdiction, authority and duties that may be conferred upon the Town Manager by other provisions of this Land Use Code, and the Kersey Board of Trustees, the Town Manager shall have the following jurisdiction and specific authority and duties under this Land Use Code.

(1)

Undertake Comprehensive Planning. To undertake the current and long-range comprehensive planning responsibilities of Kersey.

(2)

Review Comprehensive Plan and Land Use Code. To review the comprehensive plan and this Land Use Code at least every five years and recommend to the Planning Commission any amendments necessary to carry out the planning goals of the Town, or to comply with any applicable state, federal, or other governmental law or regulation, or to correct errors in the existing comprehensive plan or this Land Use Code.

(3)

Day-to-Day Land Use Code Administration. To undertake the day-to-day administration of this Land Use Code, including without limitation performing those duties shown in Table 22-5.1: Development Review Procedures Summary.

(4)

Land Use Code Interpretation. To review, consider and render interpretations of the text of this Land Use Code or the Official Zoning Map, subject to review on appeal to the Board of Adjustment.

(5)

Process Applications. To receive applications for development permits for processing pursuant to the terms of this Land Use Code.

(6)

Ensure Adequate Public Notice. To ensure that adequate public notice is provided for applications for development permits pursuant to the terms of this Land Use Code.

(7)

Floodplain Administrator. To serve as the Town floodplain administrator responsible for carrying out the duties in this Code, appropriate sections of 44 CFR (National Flood Insurance Program Regulations), or otherwise required for compliance with the requirements of the Federal Emergency Management Agency (FEMA) related to reduction of flood risk, unless the Board of Trustees has appointed a different individual to serve in that capacity.

(8)

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

(a)

Pre-Application Conference.

(1)

Purpose. 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.

(2)

When Required. A pre-application conference is required for those applications indicated in Table 22-5.1: Development Review Procedures Summary.

(3)

Procedure.

a.

Pre-Application Meeting. The applicant shall submit a request for a pre-application conference meeting on a form provided by the Planner or available on the Town's website, or both.

b.

Materials. 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.

c.

Participants. In addition to planning staff, if the Planner 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 Town departments me be included in the pre-application conference.

d.

Effect. 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)

Technical Advisory Committee (TAC) Meeting.

(1)

Purpose. The TAC meeting facilitates communication between applicants, referral agencies (e.g., Platte Valley RE-7 School District, Weld County Department of Public Health and Environment, Kersey Police Department, Platte Valley Fire Protection District, Atmos Energy, Xcel, Allo, oil and gas companies, ditch companies, etc.), and relevant Town Staff (i.e., Town Clerk, Town Planner, Town Engineer, Town Manager, etc.) to discuss complex or larger development proposals requiring a greater level of collaboration and problem solving.

(2)

When Required. A TAC meeting is required for those applications indicated in Table 22-5.1: Development Review Procedures Summary. The Planner may waive or add this requirement based on the complexity of the project.

(3)

Procedure. A list of the materials required to be submitted for the TAC meeting is available in the Town offices, or available on the Town website, or both. Staff will contact referral agencies and schedule the meeting. After the meeting, Staff shall provide the applicant with written comments and recommendations regarding such proposal in order to inform and assist the applicant prior to preparing components of the development application. This shall include a "critical issues" list, which will identify those critical issues that have surfaced in the preliminary design review as issues that must be resolved during the review process of the formal application. To the extent that there is a misunderstanding or a misrepresentation of facts, the opinion of the Staff may change during the course of the review process.

(c)

Application Submittal and Processing.

(1)

Authority to Submit Application. Unless expressly stated otherwise in this Code, a development application shall be submitted by:

a.

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

b.

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

c.

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.

a.

The application shall be submitted to the Planning Department on one or more forms available in the Town offices, or available on the Town website, or both.

b.

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.

c.

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.

a.

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

b.

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.

c.

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.

d.

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

(4)

Determination of Completeness. Within 15 days of receipt of the application materials, the Town Planner shall determine whether the application is complete based on compliance with the submittal requirements for the applicable review process.

a.

Application is Not Complete. If the application is not complete, the Town Planner shall inform the applicant of the deficiencies in writing and shall take no further action on the application until the deficiencies are remedied.

b.

Extension of Time for Determination of Completeness. The Town Planner may extend the time to complete review for determination of completeness, up to an additional 30 days, and will notify the applicant of any such extension.

1.

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

i.

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

ii.

The Town Staff'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.

c.

Application Still Incomplete. If the Town Planner determines that an application is incomplete and the applicant submits additional information and the Town Planner 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 Town Planner determines that the application is complete.

(5)

Concurrent Applications.

a.

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

b.

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

c.

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.

d.

If one or more decisions related to concurrent applications is to be made by the Town Manager, and another decision is to be made by an appointed or elected board or commission, the Town Manager'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 22-5.1: Development Review Procedures Summary.

(6)

Withdrawal of an Application. The applicant may withdraw an application at any time upon submittal of a written request to the Town Manager, 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.

(7)

Abandoned Applications. If a complete application has been reviewed and comments provided to the applicant for correction but a resubmittal addressing staff-noted deficiencies has not been received within six months of staff providing the applicant with comments, the application shall be deemed abandoned and application fees paid in connection with the application shall not be returned. The applicant may request in writing three additional months to address staff-noted deficiencies, and the Town Manager may approve such additional time. Materials related to an abandoned application shall be returned to the applicant. If the applicant submits a new or revised application concerning the same property, a new pre-application meeting may be required, and a new application fee must be paid.

(d)

Staff Review.

(1)

Referral to Staff, Review Agencies and Interested Parties. The Town Clerk shall distribute the complete application to Town Staff and agencies or entities outside the Town government involved in providing, servicing, or maintaining services or managing or protecting areas or facilities that may be affected by the application, and landowners within 300'. The referrals shall request responses within 14 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. If Town Staff and/or outside agencies or entities submit recommendations and comments, the Town Planner shall notify the applicant of such comments and recommendations. The application shall not move forward for further review until the Town Planner determines that:

a.

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

b.

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

(3)

Applications Subject to Staff Recommendation.

a.

Staff Report. If an application is subject to staff review and recommendation to the Planning Commission and/or the Board of Trustees per Table 22-5.1: Development Review Procedures Summary, staff shall prepare a written staff report that summarizes the proposal, findings, and recommendations.

b.

Distribution and Availability of Application and Staff Report. The Town Planner shall submit a copy of the staff report to the applicant and the advisory and/or decision-making body and shall make the staff report and related materials available for public review at least three days prior to the hearing at which the application is scheduled to be heard.

(4)

Applications Subject to Staff Decision.

a.

Decision. If an application is subject to staff review and a final decision by the Town Manager per Table 22-5.1: Development Review Procedures Summary, the Town Manager 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.

b.

Referral to Planning Commission or Town Board of Trustees.

1.

If Table 22-5.1: Development Review Procedures Summary authorizes the Town Manager to make a decision, and the Town Manager determines that the application is unusually complex or raises potentially unique or serious impacts on the surrounding area or on the Town, the Town Manager may refer the decision to the Planning Commission for a recommendation and to the Board of Trustees for a decision pursuant to the same criteria that the Town Manager would have been required to apply to that decision.

2.

If the Town Manager refers a decision to the Planning Commission or Board of Trustees, that body shall provide notice pursuant to Section 22-6 (e) Scheduling and Notice of Public Hearing and shall conduct a public hearing pursuant to Section 22-6 (f) Conduct of Public Hearing, before making the decision.

(e)

Scheduling and Notice of Public Hearing.

(1)

Scheduling.

a.

If an application is subject to a public hearing pursuant to Table 22-5.1: Development Review Procedures Summary, the Town Clerk shall schedule the public hearing for either a regularly scheduled meeting or special meeting of the Planning Commission or Town board, as applicable.

b.

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 (f) below.

c.

Annexation Scheduling. If the application is for an annexation of land, the Town Clerk shall present the annexation petition and a resolution initiating the annexation proceedings to the Board of Trustees, which shall thereafter establish a date for the hearing.

1.

The hearing shall be held not less than 30 days nor more than 60 days after the effective date of the resolution setting the hearing.

2.

This hearing need not be held if the Town has determined conclusively that the requirements of Section 30 of Article II of the Colorado constitution and sections 31-12-104 and 31-12-105 as now existing or as amended in the future have not been met.

3.

The Clerk shall post a copy of the resolution setting the hearing in a prominent place in the Town Hall.

(2)

Public Hearing Notice.

a.

Published Notice.

1.

Newspaper. Except as stated in subsections (g) and (h) below, at least 14 calendar days prior to the date of a scheduled public hearing before the Planning Commission, Board of Adjustment, or Board of Trustees, the applicant shall have published a notice of public hearing in a newspaper of general circulation in the area that 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.

2.

Published notice shall:

i.

Identify the application type;

ii.

Describe the nature and scope of the proposed project;

iii.

Identify the location with sufficient specificity for public to know which particular parcel of land is the subject of the application;

iv.

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

v.

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

3.

Annexation Public Notice:

i.

If the application is for an annexation of land, the Town Clerk shall publish a notice of the public hearing in a newspaper of general circulation once each week for four consecutive weeks.

ii.

The first publication must be at least 30 days prior to the hearing date.

iii.

The notice must include:

i)

A statement of intent to annex.

ii)

The time and place of the public hearing on the proposed annexation.

iii)

A legal description of the area proposed to be annexed.

iv)

A statement that a map showing the territory to be annexed is on file and can be seen at a designated public office.

4.

Subdivision Regulation Amendments Public Notice. Before conducting any public hearing on proposed revisions to the subdivision regulations or the definition of any term used in those portions of this code, the Town Clerk shall publish the proposed amendment in a newspaper of general circulation in the municipality at least once each week for three consecutive weeks before the hearing if required by C.R.S. 31-23-214, as amended.

b.

Mailed Notice.

1.

Unless subsection 2. applies, at least 14 calendar days prior to the date of each public hearing, the applicant shall send by first class mail a written notice of the public hearing to the owners of record of property located within 300 feet of the subject property.

2.

Annexation Mailed Notice. If the application is for an annexation of land, the Town Clerk shall:

i.

Send certified mailed notice, together with a copy of the resolution and petition as filed, to the Board of Weld County Commissioners, The Weld County Attorney, and to any special district or school district in which the areas to be annexed is located, at 25 days before the date of the public hearing.

ii.

The Town Clerk shall file one copy of the annexation impact report with the Board of Weld County Commissioners at least 20 days prior to the public hearing and within five days after the report is prepared. The preparation and filing of the annexation impact report may be waived upon approval of the Town and the commissioners.

iii.

Mailed notices to the owners of real property within 300 feet of the boundaries of the proposed annexation, irrigation ditch companies whose rights-of-way traverse the property to be annexed and to the mineral estate owners and their lessees of the property to be annexed. Notice provided by the Town to the owners of the minerals estate and their lessees shall not relieve the petitioner(s) from the responsibility of providing notice as required by C.R.S. § 24-65.5-101, et. seq., as now existing or as amended in the future.

iv.

In the case of a "flagpole" annexation, the Town shall also provide notice to abutting property owners as specified in C.R.S. § 31-12-105 as now existing or as amended in the future, notice to owners along the flagpole annex with same conditions as the applicant

v.

The notice must contain a copy of the resolution setting the hearing (exclusive of signatures), a description of the area proposed to be annexed and the date, time and place of the hearing.

3.

Mailed notice shall:

i.

Identify the application type;

ii.

Identify the location subject to the application by street address, if available and nearest cross street;

iii.

Include the public hearing or meeting date, time, and location;

iv.

Indicate that interested parties may appear at the public hearing or meeting, if applicable and speak on the matter, and;

v.

Include Town Staff contact information and identify where additional information on the matter can be obtained.

4.

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.

c.

Posted Notice.

1.

Purpose. The purpose of the posted notice is to notify the general public of an application for development of a property.

2.

General. All posted notices shall be:

i.

On weatherproof signs that have been approved for size, durability and content by the Town Manager.

ii.

Placed on the property that is the subject of the application, or the adjacent right-of-way. For purposes of applications that include multiple lots or parcels, signs shall instead be posted at each street intersection and along each street frontage at the approximate midpoint between each intersection;

iii.

Placed along each abutting improved public street in a manner that makes them clearly visible to neighboring residents and passers-by with at least one sign posted on each street frontage;

iv.

In place during the period leading up to the decision-making or appeal body's final action;

v.

Removed after the final action; and

vi.

Shall state the type of notice and provide a statement that additional information is available by calling the Town.

3.

Timing.

i.

The applicant shall post a notice of application under review shall be posted as soon as reasonably possible, generally no more than 14 days after the Town confirms the receipt of a complete application, and shall remain until the application is finally approved, denied, or withdrawn, or a posted notice of public hearing takes its place, whichever is earliest.

ii.

Notice of public hearing shall be posted no later than 14 days before the hearing and shall remain until the public hearing.

iii.

Certification. The applicant shall submit an affidavit certifying that they posted the sign.

iv.

Sign Removal. The applicant shall remove posted signs within seven days after completion of the public hearing.

d.

Notice to Mineral Interest Owners and Lessees.

1.

C.R.S. §§ 30-28-133(10) and 24-65.5-103(1) as now existing or as amended in the future, require 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.

2.

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 Use by Special Review on the property, whichever occurs first.

3.

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.

4.

If notice was not provided at the first to occur of the three events listed in subsection (2) 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.

5.

If this provision is applicable, the applicant shall submit to the Town Manager a certification of compliance with this notice requirement at least seven days prior to the initial public hearing.

e.

Major Activity Notice. When a subdivision or commercial or industrial activity is proposed that will cover five or more acres of land, the Town in which the activity is proposed shall send notice to the state geologist and the Board of County Commissioners in which the improvement is located of the proposal prior to approval of any zoning change, subdivision, or building permit application associated with such a proposed activity.

f.

Notices for Creation of a Vested Right. Notices required for creation of a vested right are listed in Division 1, Article III of this Chapter and are in addition to any other notices required under this Code.

g.

Responsibility for Notice.

1.

In each case where this Code requires notice to owners of property within 300 feet, mineral interest owners and lessees, easement owners, special districts, or school districts, the applicant shall deliver to the Town at least 30 days before the date of the first required public hearing a list of all persons or entities required to be notified.

2.

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, Public Hearing Notice at least seven days prior to the scheduled public hearing.

3.

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.

4.

The provisions of this section shall be considered met if the applicant has attempted to fully comply with and has achieved substantial compliance with this and the requirements of this section and due process as determined by the Town Manager. 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 substantial compliance and due process have been achieved.

5.

If the Town Manager determines, prior to the scheduled public hearing, that notice pursuant to this Section, Public Hearing Notice has not occurred, either:

i.

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

ii.

If the Town Manager 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.

(f)

Conduct of Public Hearing.

(1)

Rights of All Persons. 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 (4) below.

(2)

Time Limits for Testimony. The decision-making body may set reasonable time limits for testimony or presentation of evidence during the public hearing. Oral testimony may be limited based upon relevancy, redundancy or time constraints.

(3)

Order of Proceedings. The order of the proceedings shall be as set forth in the rules of procedure of the appointed or elected body conducting the hearing.

(4)

Continuation of Public Hearing. The decision-making body may continue the public hearing to a fixed date and time. An applicant shall have the right to request, and be granted on a showing of good cause, a continuance of the required hearing. Any subsequent continuances shall be granted at the discretion of the decision-making body and upon a finding that good cause has been shown for the continuance.

(5)

Recommendation. A recommending body shall recommend approve, approve with conditions, or denial 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.

(6)

Ex Parte Communications. 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 Town Manager. 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 for land use change permit.

(g)

Review and Decision.

(1)

Decision.

a.

General. 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.

b.

Reason Statement. 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.

c.

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

d.

Record of Decision. 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.

(2)

Review Criteria for All Application Types. No development application shall be approved unless it meets the following review criteria, except that individual types of applications described in this Land Use Code specifically may include exceptions to these criteria or impose additional criteria.

a.

The application is consistent with the policies of the Comprehensive Plan;

b.

The application complies with the purpose and all applicable provisions of the Code and zoning district, and all applicable statutes, codes, ordinances and regulations;

c.

The application complies with applicable Community Design and Development standards, including for street and utility design and layout, and adequate utilities are available or will be provided for appropriate urban-level services.

d.

The application proposes development compatible with surrounding properties in terms of land use, site and building layout and design, and access.

e.

The application will not adversely affect surrounding properties, the natural environment, existing or planned Town transportation, or utility services or facilities, or the adverse impacts of the use will be mitigated to the maximum extent feasible.

f.

The application is consistent with any previous approvals and agreements related to the property.

(h)

Conditions of Approval.

(1)

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 and to mitigate the impacts of that development on the surrounding properties and streets.

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(i)

Term of Approval.

(1)

Running with the Land. 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.

(1)

Period of Validity. Unless otherwise indicated in a specific procedure, the term of an approval shall be as shown in Table 22-6.1: Permit and Approval Validity, 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.

a.

Unless otherwise indicated in a specific procedure, the term of an approval shall be as shown in Table 22-6.1: Permit and Approval Validity, 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 22-6.1 Permit and Approval Validity

b.

In order to remain in effect, at least one of the actions listed below must occur before the end of the period of validity indicated in Table 22.6-1.

1.

Vested rights have been established pursuant to Division I, Article III of this Chapter;

2.

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

3.

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

4.

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

c.

Approvals by the Town Manager 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 (2) above have occurred.

d.

For other approvals, the Town Manager shall initiate a public meeting before the Board of Trustees or Board of Adjustment to consider expiration if none of the events listed in subsection (2) above have occurred.

(j)

Development Agreement. In connection with any approval under this Code, and in addition to any agreements authorized by Chapter 23 Financial Guarantees, the Board of Trustees is authorized to enter into a development agreement with the applicant for any of the following purposes:

(1)

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;

(2)

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;

(3)

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

(4)

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.

(k)

Modification of Previous Agreements Concerning the Property.

(1)

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 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 the Town and the applicant are the only two 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 the Board of Trustees requiring compliance with Section 22-6 (e) Scheduling and Notice of Public Hearing and Section 22-6 (f) Conduct of Public Hearing, and such application may not be considered concurrently with a different application concerning the property under this Code.

c.

If the Town Attorney makes the determination required in subsection a, the decision on all concurrent applications shall be made by the town/city council rather than by the [director] or an appointed body.

(l)

Post-Decision Actions.

(1)

Appeal.

a.

An applicant, an adjacent property owner, or a party aggrieved or adversely affected by any quasi-judicial decision by the Board of Trustees or Board of Adjustment may seek review of the decision in the District Court within 30 days after such decision in accordance with applicable state law.

b.

An applicant, an adjacent property owner, or a party aggrieved or adversely affected by any other final decision by the Town Manager or another Town administrative official under this Code may appeal the decision to the Board of Adjustment.

c.

Any appeal to the Board of Adjustment regarding an application for a sign permit, or approval of a permit or approval related to a religious assembly use, a wireless communications facility, or any other application pursuant to this Code involving exercise of federal 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 30 days of filing an appeal.

(2)

Extensions of Period of Validity.

a.

For each permit or application approval for which Table 22.6-1: Permit and Approval Validity shows a period of validity, the Town Manager may approve one extension of validity for a time not to exceed one year for that permit or approval for good cause shown; provided, that the applicant or property owner files with the Town Manager a written request for the time extension before the expiration of the original permit or approval.

b.

Following such one year extension, the Board of Trustees may approve one additional extension of validity for a time not to exceed [one year] for good case shown; provided, that the applicant or property owner files with the Town Manager a written request for time extension before the expiration of the initial extension granted by the Town Manager.

c.

The Board of Trustees 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 Article III, Section 4-22.

(3)

Limitation on Subsequent Similar Applications.

a.

For one 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.

b.

New applications proposed within the year must receive a determination by the Town Manager that changes are sufficiently different to allow a resubmittal. The determination by the Town Manager shall consider the following:

1.

There is a substantial change to circumstances, or new information available, relevant to the issues or facts considered during the previous application review; or

2.

The new application is materially different from the previous application.

The purpose of this article is to establish a system of vested property rights for this land use code as authorized by C.R.S title 24, article 68, as now existing or as amended in the future.

(a)

General. A vested property right shall be established for a period of three 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 years following approval, or for any longer term approved by the Board of Trustees pursuant to subsection (c) below or pursuant to a development agreement between the applicant and the Town.

(b)

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.

a.

A subdivision exemption map

b.

A final plat for a major or minor subdivision with adequate public improvements surety including dedication of water rights

c.

A site plan.

(2)

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

(c)

Development Agreement and Extension of Vested Property Rights. The Town may enter into a development agreement with the landowner for the extension of a vested property right beyond a three-year period if the Board of Trustees 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.

(d)

Effective Date. 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.

(e)

Publish Notice of Vested Right. Within 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 Town. The three-year period or other period approved by the Town 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. Affidavit of publication required.

(f)

Exceptions to Vesting of Property Rights. 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 the site-specific development plan consistent with the terms and conditions of the site-specific development plan, except under one or more of the following conditions.

(1)

Landowner's Consent. With the consent of the affected landowner.

(2)

Just Compensation Paid to Landowner. The affected landowner receives just compensation for all costs, expenses, and liabilities incurred by the landowner, including but not limited to all fees paid in consideration for financing and all architectural, planning, marketing, legal and other consultants' fees incurred after approval of the site-specific development plan by the Town, together with interest at the current market rate until paid. Just compensation shall not include any diminution in the value of the property caused by such action.

(3)

Hazards. Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of the approval of the site-specific development plan, and which hazards, if uncorrected, would pose a serious threat to public health, safety and welfare.

(g)

General Ordinances and Regulations. The establishment of a vested property right shall not preclude the application of ordinances, resolutions or regulations that are general in nature and are applicable to all property subject to land use regulations by the Town, including but not limited to building, fire, plumbing, electrical and mechanical codes.

(h)

Modifications of Site-Specific Development Plan.

(1)

Minor modifications of a site-specific development plan are permitted but shall not result in any extension of the three-year vesting period, or other vesting period approved by the Town board, 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 shall only result in a vested property right if the applicant completes all of the requirements of Chapter 22, Procedures and Administration, in connection with that new application.

(a)

Applicability.

(1)

All divisions of a parcel or lot into two or more two lots or parcels shall comply with the following, unless exempted by subsection 2 below.

(2)

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

a.

A division of land that occurred prior to May 5, 1972;

b.

A transfer of land required by law;

c.

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;

d.

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

e.

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

f.

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;

g.

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

h.

A division of land ordered by a court if the Board of Trustees 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;

i.

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 interest for purposes of this section; and

j.

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, as now existing or as amended in the future; and

k.

A lease of property.

(b)

Plat Approval Required.

(1)

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

a.

A minor subdivision plat; or

b.

A major subdivision plat.

(2)

The required document shall be approved by the Town and recorded with the Weld County Clerk and Recorder prior to sale of any sale of or development on any of the lots or parcels created by the division.

(c)

Sales Prohibited Prior to Plat Approval. 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 or sell any portion of that land before the plat for the subdivision has been approved by the Board of Trustees and recorded with the Weld 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. Each request for approval of a subdivision exemption, minor subdivision, or major subdivision, shall comply with the requirements of Chapter 22, Division 1, Article II, Section 22-6 Common Review Procedures unless:

(1)

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

(2)

The Town Manager determines that one or more of the provisions of Article II is not applicable due to the type of division of land being requested or the scale or character of that proposed division.

(e)

Subdivision Improvement Agreement. 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, in form and substance acceptable to the Town attorney, 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 Chapter 23, Financial Guarantees.

(f)

Written Findings Required for Denial. If the Town Manager or the Board of Trustees 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 22-6 (q), Limitation on Subsequent Similar Applications, shall apply to any reapplication.

(a)

Applicability. This section applies to the following types of applications.

(1)

Correction Plats. 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.

(2)

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

(3)

Townhouse Lots. 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.

(4)

Lot Combination, Vacation of Interior Lot Line, or Boundary Line Adjustment. Any consolidation of contiguous parcels, lot merger or minor changes to the boundary lines of adjacent lots or parcels.

(5)

Exceptions. The Town does not require the vacation of interior lot lines in cases where multiple lots are required to meet minimum lot size requirements as long as the lots meet the criteria of this section. For example, this exception does not entitle landowners to build a large structure that is out of character with the neighborhood.

(b)

Specific Procedure.

(1)

All applicable provisions of Section 22-6, Common Review Procedures for a decision by the Town Manager shall apply, except as modified by this section.

(2)

Review, decision-making, and appeal responsibilities shall be as shown in Table 22-5.1 Development Review Procedures Summary.

(3)

Following approval or approval with conditions by the Town Manager an exemption map signed by all owners or record of the property shall be submitted to the Board of Trustees for signature within 45 calendar days after the date of approval of the application or within (45) days after the applicant's performance of all conditions of approval, whichever occurs later.

(4)

The exemption map shall be filed for recording with Weld County Clerk and Recorder within 30 days after the date of signature by the Board of Trustees.

(c)

Review Criteria. An application for a minor plat amendment may be approved or approved with conditions if the Town Manager determines that it meets the following criteria.

(1)

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

a.

The correction plat is consistent with any preliminary plan 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:

1.

Any distance or elevation that has been omitted;

2.

Any text that has been misspelled;

3.

Any error or omission; or

4.

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

(2)

Boundary Line Adjustment. If the application is for a boundary line adjustment:

a.

The adjustment involves adjacent lots or parcels;

b.

No new lot or parcel is created;

c.

The resulting lots or parcels comply with the applicable zoning standards;

d.

The lots or parcels, as approved, will not conflict with existing structures or utilities upon the property;

e.

The lots or parcels, as approved, will not be deprived of access or have nonconforming access, as a result of the adjustment;

f.

The adjustment does not create, or mitigates to the extent possible, negative impacts on the surrounding property;

g.

If applicable, the adjustment does not materially impair the purposes, intent or development contemplated under the planned unit development plan affecting the property or of the town's land use Code;

h.

The resulting lots or parcels allow for the efficient use of property;

i.

The adjustment involves only lots or parcels with identical zoning

j.

All owners and record title interest holders have consented to the adjustment;

k.

The properties subject to the proposed adjustment are not owned by persons who, within the preceding six months, have submitted one or more boundary line adjustments for properties adjacent to or within the same block as the properties subject to the application.

l.

A boundary line adjustment shall not dedicate rights-of-way. If an easement is required, it shall be dedicated by separate instrument.

m.

A boundary line adjustment shall not be used to adjust building envelopes or building site dimensions where no adjustment of legal boundaries is proposed.

(3)

Taxes. All taxes applicable to the land have been paid.

(a)

Intent. The vacation of right-of-way or easement application process is used to vacate unnecessary easements and rights-of-way.

(b)

Applicability. The vacation of right-of-way or easement shall be in accordance with C.R.S. § 43-2-301, et seq. Title of the vacated right-of-way shall be given to the owners of the abutting land, each taking ownership to the center of the roadway unless otherwise agreed to by the abutting property owners and accepted by the Board of Trustees.

(c)

Specific Procedure. All applicable provisions of Section 22-6, Common Review Procedures for a decision by the Board of Trustees shall apply.

(d)

Review Criteria. In making their recommendation or decision, the Board of Trustees shall approve the application, or approve it with conditions, if it complies with the following criteria:

(1)

The right-of-way or easement being vacated is not needed in the short or long term.

(2)

If necessary, the right-of-way or easement will be replaced. To replace the right-of-way or easement, the vacation application shall be accompanied by a development application which proposes a new right-of-way or easement.

(3)

The applicant is relocating all public facilities or utilities within the right-of-way or easement.

(4)

The public and surrounding properties will not be negatively impacted by the vacation.

(5)

In the event of a vacation of a right-of-way or easement, the Town reserves unto itself a utility easement within such right-of-way or easement unless the ordinance granting the vacation specifically states that no such reservation is made.

(6)

The vacation of right-of-way or easement shall be in accordance with C.R.S. § 43-2-301, et seq., as now existing or as amended in the future. Title of the vacated right-of-way shall be given to the owners of the abutting land, each taking ownership to the center of the roadway unless otherwise agreed to by the abutting property owners and accepted by the Board of Trustees.

(e)

Signed Map. The applicant shall submit the approved vacation map to the Board of Trustees for signature. All conditions of approval shall be met prior to submitting the map for signature by the Board of Trustees.

(f)

Recording. The vacation map shall be filed for recording with Weld County Clerk and Recorder within 30 days after the date of signature by the Board of Trustees.

The intent of the minor subdivision plat is to simplify the permitting process for creating ten (10) or fewer lots. for example, if a property had been platted for a large commercial use and the landowner wishes to create several lots for smaller commercial users, the applicant could utilize this process. the minor subdivision process is not meant for consecutive minor subdivisions. for example, if a landowner divides a 100-acre property into five lots, he/she may not use this process to continue to divide the property in the future to avoid having to comply with the major subdivision process.

A minor subdivision plat shall not be approved if the property is within any parcel or lot, any part of which has been subdivided by a minor subdivision within three (3) years preceding the date of the current application.

The applicant shall submit a minor subdivision plat of the property according to the common review procedures in section 22-6.

(a)

Review, decision-making, and appeal responsibilities for the minor subdivision plat plan shall be as shown in Table 22-5.1: Development Review Procedures Summary.

(b)

Public hearings before the Planning Commission and Board of Trustees with notice pursuant to Section 22-6 are required.

(c)

The approved minor subdivision plat and any related development agreement required by the Town Manager shall be submitted to the Board of Trustees for signature within 120 calendar days from the date of the Board of Trustees' approval of the minor subdivision plat. All conditions of approval shall be met prior to submitting the plat for signature by the Board of Trustees.

(d)

The minor subdivision plat and any related development agreement required by the Town Manager shall be filed for recording with the Weld County Clerk and Recorder within 30 days after the date of signature by the Board of Trustees.

(e)

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.

An application for a minor subdivision preliminary plan may be approved or approved with conditions if the board of trustees determines that it meets the following criteria.

(a)

Not Used to Avoid Compliance with Major Subdivision Requirements. The application of a larger development that would require approval of a major subdivision 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 Town Manager 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)

Prior Subdivision History. The property is not within any parcel or lot any part of which has been subdivided by the minor subdivision process within three (3) years preceding the date of the current application.

(c)

Compliance with Comprehensive Plan and Intergovernmental Agreements. The application complies with any provisions of the comprehensive plan and any intergovernmental agreement between the Town, Weld County, Evans, and Greeley.

(d)

Compliance with Community Design Principles and Development Standards. The minor subdivision plat represents a functional system of land use and is consistent with the rationale and criteria set forth in this Code.

(e)

Compliance with Zoning and Kersey Engineering Standards. Each of the lots and parcels resulting from the minor subdivision meet all requirements of the Kersey Land Use Code and Kersey Engineering Standards. This includes standards for lot size, density, access, utilities, and water supply, given existing and planned capacities of those systems.

(f)

Adequacy of Minor Subdivision Plan and Supporting Materials. 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.

(g)

Mitigation of Potential Impacts. Potential negative impacts on adjacent land uses have been identified and are sufficient to address the identified impacts; there is a clear plan for implementing and monitoring mitigation measures.

(h)

Compliance with Previous Approvals and Agreements. The application complies with any approvals or agreements 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.

(i)

Inclusion of Requested Changes. The minor subdivision plat includes any changes required by the Planning Commission.

(j)

Development Agreement and Financial Guarantees. If the Town Manager has required execution of a development agreement and/or the provision of financial guarantees, 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 minor subdivision plat.

(k)

Liens and Encumbrances. 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 or more lots shown on the plat are permitted.

(l)

Taxes. All taxes applicable to the land have been paid, as certified by the Weld County Treasurer's Office.

This article aims to guide major subdivisions towards promoting the health, safety, and welfare of kersey residents by:

• Encouraging development that respects the Town's historic patterns and enhances its character.

• Encouraging development that respects the Town's historic patterns and enhances its character.

• Creating livable, sustainable neighborhoods that foster community and reduce reliance on cars.

• Ensuring safe and efficient streets for all modes of transportation.

• Protecting natural resources, historic areas, and environmental quality.

• Providing adequate open spaces for recreation, utilities, and stormwater management.

• Ensuring compliance with the Zoning Code, Comprehensive Plan, and Community Design Principles.

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

(a)

Land divisions that are exempt from the requirements of Article 1, Division 2 of this Chapter, pursuant to Section 22-30;

(b)

Land divisions that are eligible for processing of a subdivision exemption map pursuant to Article II of this Chapter, and

(c)

Land divisions that are eligible for processing as a minor subdivision pursuant to Article III of this Chapter.

The sketch plan review process is an informal plan review process intended to review at a conceptual level the feasibility and design characteristics of the proposed division of land before substantial design or engineering costs have been incurred for the preparation of a preliminary plan and required supporting documents.

(a)

Submit Application. The applicant shall submit the complete application package and fees to the Town Clerk. Required submittal information will be discussed during the pre-application conference.

(b)

Review Procedures. All applicable provisions of Section 22-6, Common Review Procedures shall apply to the sketch plan review, except as modified by this Section.

(c)

Visioning Meeting. The applicant may request a visioning meeting with the Planning Commission if desired. This collaborative meeting will ensure the project aligns with community goals, considering the developer's vision, building design, integration with surrounding areas, impacts on neighbors, environmental responsiveness, use of local assets, and efficient use of resources.

(d)

Review, Decision-Making, and Appeal Responsibilities. This information shall be as shown in Table 22-5.1: Development Review Procedures Summary.

(e)

Public Meetings. The Planning Commission and Board of Trustee reviews of the sketch plan shall be conducted at an open meeting rather than a public hearing, and public testimony shall not be accepted.

(f)

Review Criteria. The Planning Commission and Board of Trustees review shall be limited to conceptual consistency of the application with the comprehensive plan, land use code and engineering standards, consistency with any intergovernmental agreements that affect the property, consistency with any previous approvals or agreements related to the property, and connectivity of streets, parks, open spaces, trails, and surface stormwater drainage locations with those on abutting properties. No engineering or architectural details need be prepared or presented at the sketch plan review.

(g)

Advisory Process. The sketch plan review process is advisory only, and the Planning Commission's and Board of Trustees' comments or lack of comments on any aspect of the sketch plan shall not constrain its evaluation of any preliminary plan, final plat, or other development application later submitted by the applicant related to the property.

The purpose of the preliminary plan is to provide an overall master plan for the proposed development.

(a)

Submit Application. The applicant shall submit the complete application package and fees to the Town Clerk. Required submittal information will be discussed during the pre-application conference.

(b)

Review Procedures. All applicable provisions of Section 22-6, Common Review Procedures shall apply to the preliminary plan review, except as modified by this Section.

(c)

Review, Decision-Making, and Appeal Responsibilities. This information shall be as shown in Table 22-5.1: Development Review Procedures Summary.

(d)

Review Criteria. The Planning Commission and Board of Trustees shall use the review criteria in Section 22-6 (m) to evaluate the application and:

(1)

Town Standards: 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 Town, including but not limited to dimensional, access, utility service standards, and requirements to demonstrate adequacy of water supply.

(2)

The Adequate Provision of Public Services. The Town and other governmental or quasi-governmental entities with responsibilities to provide public services to the proposed major subdivision have confirmed their ability provide such services, or the applicant has taken responsibility in writing to provide those services. If provision of those services by the applicant will require the creation of a new taxing district, assessment district, or special district authorized by Colorado law, that district(s) has already been created or the applicant's commitment create the required district(s) has been included in the development agreement. For purposes of this criteria, public services include but are not limited to water, sanitary sewer, storm drainage transmission and treatment, electricity, and communications facilities.

(3)

Appropriate Land Use Mix. The land use mix within the project conforms to the Town's zoning district map and furthers the following planning objectives:

a.

The proposed development promotes the Town's character, or implements a Board-approved sub-area, corridor, or urban renewal plan, however titled;

b.

Proposed residential development adds diversity to the Town's housing supply;

c.

Proposed commercial development will benefit the Town's economic base;

d.

Parks and open space are incorporated into the site design, as appropriate to the proposed principal use or uses of the land; and

e.

The proposed project identifies the resources on site and integrates them into the overall project design.

The final plat process establishes the legal framework for a subdivision by creating a detailed, recorded map that defines property boundaries, dedicates public rights-of-way and easements, and enables the sale of individual lots, ensuring compliance with regulations and proper infrastructure implementation before development.

(a)

Submit Application. The applicant shall submit the complete application package and fees to the Town Clerk. Required submittal information will be discussed during the pre-application conference.

(b)

Review Procedures. All applicable provisions of Section 22-6, Common Review Procedures shall apply to the preliminary plan review, except as modified by this Section.

(c)

Review, Decision-Making, and Appeal Responsibilities. This information shall be as shown in Table 22-5.1: Development Review Procedures Summary.

(d)

Review Criteria. The Planning Commission shall use the review criteria in Section 22-6 (m) to evaluate the application:

(1)

Adequacy of Final Plat and Supporting Materials. 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.

(2)

Inclusion of Requested Changes. The final plat includes any changes required by the Board of Trustees in its decision regarding the of the preliminary plan.

(3)

Development Agreement and Financial Guarantees. 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.

(4)

Liens and Encumbrances. 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 or more lots shown on the plat are permitted.

(5)

Taxes. All taxes applicable to the land have been paid, as certified by the Weld County Treasurer's Office.

(e)

Development Agreement. The applicant shall be required to execute a development agreement pursuant to Section 22-6 (p) and may also be required to provide financial guarantees in order to ensure the completion of all required improvements related to the subdivision, with the exception of those improvements, if any, which the Town or another governmental or quasi-governmental entity has agreed in writing to complete.

(f)

Signed Plat. The applicant shall submit the approved final plat and related development agreement to the Board of Trustees for signature within 120 calendar days from the date of the Planning Commission's approval of the final plat. All conditions of approval shall be met prior to submitting the plat for signature by the Board of Trustees.

(g)

Recording. The final plat and related development agreement shall be filed for recording with Weld County Clerk and Recorder within 30 days after the date of signature by the Board of Trustees.

(a)

Applicability.

(1)

This section applies to all applications to modify the terms of an approved subdivision or to replat one 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.

(b)

Specific Procedures for Modifications of Previously Approved Applications.

(1)

Minor Change.

a.

The Town Manager may approve applications for modifications of an existing recorded final plat for a minor or major subdivision if the Town Manager determines that the requested change complies with the standards for a minor change in Table 22-45.1.

Table 22-45.1

b.

The Town Manager 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.

c.

If the Town Manager determines that the application qualifies for review as a minor change and approves or approves with 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 Town Manager.

d.

The revised final plat shall be submitted to the Town for signature within 120 calendar days from the date of the Town Manager's approval of the final plat.

e.

The final plat shall be filed for recording with Weld County Clerk and Recorder within 30 days after the date of signature by the Board of Trustees.

(2)

Major Change. Any application to modify a recorded final plat that the Town Manager 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 for approval of a minor subdivision (if the proposed change involves ten or fewer lots or involves the consolidation of existing lots), or a major subdivision (in all other cases).

(c)

Review Criteria.

(1)

The Town Manager may approve a minor change to an existing recorded final plat if s/he 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.

(2)

The Board of Trustees may approve an application for a major change to a subdivision, if they determine that the revised plat complies with the approval criteria that would have applied if the revisions had been included in the original plat application.

(a)

Applicability. This Division shall apply to all actins to annex new land into the Town of Kersey's municipal boundaries. The Town of Kersey follows Colorado Statute for all annexation procedures.

(b)

Submit Application. The applicant shall submit the complete application package and fees to the Town Clerk. Required submittal information will be discussed during the pre-application conference.

(c)

Specific Review Procedures. All applicable provisions of Section 22-6, Common Review Procedures shall apply to the annexation review, except as modified by this Section.

(1)

Zoning. Each application for annexation shall be accompanied by an application for zoning of the annexed properties into one or more of the zoning districts shown in Article 2 and the Town shall complete the procedure for making a decision on the proposed zoning of the land pursuant to Division 4, Section 22-112, Rezoning (Amendment to Official Zoning Map), but final action by the Board of Trustees regarding zoning for the annexed property shall be taken before the annexation of the property has been completed.

(2)

Annexation Petition Referral to the Board of Trustees. After the pre-application conference, the Town Clerk shall present the annexation petition and a resolution initiating annexation proceedings to the Board of Trustees, which shall thereafter establish a date for a public hearing. The purpose of the referral is to determine whether the public interest is served by considering the annexation request further. If the answer is no, the annexation application shall only be reviewed for statutory compliance, unless the applicant withdraws the petition.

(3)

Town Clerk Refers Annexation Petition to Weld County and Special Districts. Upon the establishment of a public hearing date, the Town Clerk shall send copies of the published notice, annexation petition and the resolution initiating the annexation procedure by certified mail to the Clerk of the Board of Weld County Commissioners, the Weld County Attorney, the school district and special districts having territory within the annexed area. These copies shall be sent at least twenty-five (25) days prior to the public hearing.

(4)

Town Clerk Files Annexation Impact Report. The Town Clerk shall file one (1) copy of the impact report with the Board of Weld County Commissioners at least 20 days before the date of the public hearing. The preparation and filing of the annexation impact report may be waived upon approval of the Town and the Board of Weld County Commissioners.

(5)

Town Provides Draft Annexation Agreement. The Town shall provide the applicant with a draft annexation agreement not less than three weeks prior to the annexation public hearing before the Board of Trustees. The annexation agreement shall outline the responsibilities of the applicant and the Town regarding the provision and extension of streets and utilities, the dedication of water rights, the payment of fees and charges related to the annexation or proposed development, the provision of facilities for the public or for residents and occupants of the annexed land, and other matters related to the impacts of the annexation on the Town.

(d)

Review, Decision-Making, and Appeal Responsibilities. This information shall be as shown in Table 22-5.1: Development Review Procedures Summary.

(e)

Review Criteria. Annexations shall comply with the following additional criteria. However, annexation is a discretionary, legislative act. With the exception of an initiated petition for the annexation of an enclave, the Board of Trustees shall exercise its sole discretion in the annexation of territory to the Town. The Town shall never be compelled to annex, unless otherwise required by state law, even if all these review criteria have been satisfied.

(1)

The annexation complies with the Municipal Annexation Act of 1965, as amended (C.R.S. § 31-12-101 et seq. as now existing or as amended in the future). The property is eligible for annexation if:

a.

Not less than one-sixth of the perimeter of the area proposed to be annexed is "contiguous" with the Town. Contiguity is not affected by the existence of streets, alleys, rights-of-way, public lands (except country-owned open space), or water bodies between the Town and the land proposed to be annexed. (The one-sixth contiguity of the perimeter may be achieved by the annexation of one or more parcels in a series, which can be considered simultaneously for the purpose of the public hearing.)

b.

A community of interest exists between the territory proposed to be annexed and the Town.

c.

The territory proposed to be annexed is urban or will be urbanized in the near future and is integrated or is capable of being integrated with the Town. Existence of requirement a. above is a basis for a finding of requirements b., and c., unless the Board of Trustees at public hearing finds that at least two of the following exist:

1.

Less than 50 percent of adult residents of the area proposed to be annexed use any of the recreational, civic, social, religious, industrial, or commercial facilities of the Town and less than 25 percent of these adult residents are employed in the annexing Town;

2.

At least one-half of the land proposed to be annexed its agricultural, and landowners constituting at least one-half of the total area express, under oath, an intention to devote the land to such agricultural use for at least five years; and

3.

It is impractical to extend to the proposed area those urban services the Town provides to all its citizens and upon the same conditions. This standard does not apply to the extent that any portion of an area proposed to be annexed is, or will be within the reasonably near future, being provided with service by a quasi-municipal corporation (such as a special district).

d.

The land to be annexed and the uses proposed for the land shall contribute to the orderly growth of the Town and shall generally conform to the goals and policies of the Comprehensive Plan.

e.

Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the Town in order that the public needs may be served by such facilities. These facilities include, but not by way of limitation, arterial streets, bridges, public parks and recreation areas, school sites, fire and police station sites, and storm drainage facilities. The annexation of lands to the Town shall be shown not to create any additional cost or burden on the then-existing residents of the Town to provide such public facilities in any newly annexed area.

f.

The petitioner for annexation shall be responsible for paying the Town's full cost for processing the annexation petition, from initial discussion with Town staff before submittal of the petition, through the approval and recording of the final annexation documents, unless otherwise approved by the Board of Trustees.

g.

Annexed areas will not divide tracts of land to prevent further annexation of adjoining parcels. (For example, leaving a "gap" or a "strip" of land between property to be annexed and the adjoining property.)

h.

All subsurface (nontributary) water rights (water in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers) shall be deeded to the Town at the time of annexation as authorized by Title 37 Article 90 Colorado Revised Statutes as now existing or as amended in the future.

i.

No land held in identical ownership may be divided into separate parcels for annexation without written consent of the landowner, unless the parcels are separated by a dedicated street, road, or other public way. (This applies even when the federal government owns the land, although federal and state public lands may be ignored for purposes of contiguity).

j.

No land in identical ownership that comprises 20 acres and that has improvements with an assessed value in excess of $200,000 for ad valorem tax purposes may be included in the annexation without written consent of the owner, unless the parcel is located entirely within the outer boundaries of the Town as they exist at the time of annexation.

k.

No annexation resolution of enclaves, partly surrounded land and municipally owned land) and no annexation petition or petition for an annexation election is valid when annexation proceedings have been initiated for the annexation of part of such territory by another Town. (In that case, other provisions apply see C.R.S. Section 31-12-114, as now existing or as amended in the future.)

l.

If an annexation will result in the detachment of area from a school district and its removal to another school district, the annexation petition or petition for annexation election must be accompanied by a resolution of the board of directors of the school district to which such area will be attached, approving the annexation.

m.

The parcel annexed must not have the effect of extending the Town's boundary more than three miles in any direction in any one year.

n.

If a portion of a platted street or alley is to be annexed, the entire width of the street or alley must be included within the area annexed.

o.

The Town may not deny "reasonable access" to landowners or owners of easements or franchises adjoining a platted street or alley that the Town has annexed but that is bounded on one or both sides by unincorporated property.

(2)

The property is within Kersey's Long Range Planning Area as shown in the comprehensive plan. No property outside of LRPA shall be considered for annexation unless the Board of Trustees finds that, consistent with the comprehensive plan, the best interests of the city would be served by annexation of such property, and a land use plan for the area proposed to be annexed is submitted together with the annexation application.

(3)

The proposed zoning is appropriate, based upon consideration of the following factors:

a.

The proposed zoning is consistent with the comprehensive plan designation of the property; and

b.

The proposed land uses are consistent with the purpose and intent of the proposed zoning district.

(4)

The annexation will not limit the ability to integrate surrounding land into the Town or cause variances or exceptions to be granted if the adjacent land is annexed or developed.

(5)

Unless otherwise agreed to by the Town, the landowner has waived in writing any preexisting vested property rights as a condition of such annexation.

(f)

Annexation Agreement Required. As a prerequisite for annexation, a Town-approved annexation agreement shall be signed by all owners of the subject property, except annexations of Town-owned property or property the Town is leasing under a lease-purchase agreement, Town-initiated annexation of enclaves, or when the requirement is waived by the Board of Trustees.

(g)

Annexation Not Final Until Satisfaction of All Requirements.

(1)

Town action on the annexation application shall not become final unless all requirements of the annexation ordinance, this development code and state statutes have been satisfied, as certified by the Town Manager, within the time specified in the ordinance, or if no time is specified, then within one year of the Board of Trustee's adoption of the ordinance.

(2)

Unless approval has lapsed, when all requirements have been satisfied, the ordinance, the annexation agreement, and the annexation map shall be recorded with the Weld County Clerk and Recorder, and the annexation will then be final.

(h)

Annexation of Enclaves. When an unincorporated area has been entirely contained within the Town's boundaries for at least three years, the Town may annex the property by ordinance without regard to the review criteria in subsection (e) or the hearing requirements. Public notice must still be given. (This enclave annexation ability is not available if any boundary of the enclave consists, at the time of annexation, solely of a public right-of-way that has been annexed by the Town. Instead, the Town must truly surround the enclave with other real property.)

(a)

Building Permits refer to Chapter 18 Building Regulations.

(b)

Fence Permits refer to Chapter 20, Section 20.18 of the Community Design Principles and Development Standards.

(c)

Floodplain Development Permits refer to Chapter 22, Division 6, Specific Procedures for Floodplain Development.

(d)

Sign Permits refer to the Sign Code in Article 7 of the Community Design Principles and Development Standards.

(e)

Oil and Gas Permits refer to Division 5 of this Chapter.

(f)

Zoning and Use of Wireless Telecommunication Services, Facilities and Equipment refer to Chapter 21, Section 21-55 (h) of the Kersey Land Use Code.

(a)

Intent. To establish an administrative review process and specific standards for review of accessory dwelling units in areas that permit single unit detached dwellings on individual lots within the Town of Kersey as required by C.R.S., Title 29 Article 35, as now existing or as amended in the future.

(b)

Applicability. All accessory dwelling units must be approved by the Town prior to construction, or with regard to existing structures, prior to conversion or use as an accessory dwelling unit.

(c)

Specific Procedures. All applicable provisions of Section 22-6, Common Review Procedures for a decision by the Town Manager shall apply, except as modified by this Section.

(1)

Submit Application. The applicant shall submit two copies of the complete application package to the Town Clerk.

(2)

Certify Complete Application. Within a reasonable period of time, Staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the ADU Technical Criteria form) to the Town Clerk.

a.

If, upon receipt of a complete application for an accessory dwelling unit, Staff determine that such request is not eligible for consideration under this chapter, then the applicant shall be so notified in writing. Thereafter, the applicant may withdraw the application by written request to the Town, and in such an event, the application fee shall be refunded to the applicant.

(3)

Notify Interested Parties. Upon receipt of a complete accessory dwelling unit application, the Town Planner and Town Engineer shall review the request to determine whether it complies with the requirements of this chapter. The application may be referred to other Town departments and to other appropriate agencies and persons, and referral comments regarding the application may be received from such departments, agencies, and persons. The applicant shall be provided with copies of any written referral comments.

(4)

Staff Reviews Application. Staff will review the application based on the ADU review criteria and the referral comments (if applicable). If the Town Planner and Town Engineer determine that the proposed accessory dwelling unit complies with the requirements of this chapter, they shall refer it to the Town Manager for review.

(5)

Review and Decision.

a.

A decision by the Town Manager to approve, approve with conditions, or deny an application for accessory dwelling unit shall be issued within 30 days after the Town has determined that the application is complete.

b.

If the Town Manager finds that the application meets the criteria for approval, s/he shall notify the applicant in writing approving or conditionally approving the application. In such an event, the approved application shall be finalized as set forth in 5. and 6 below.

c.

There may be imposed on any accessory dwelling unit approval conditions as may be necessary to conform the application to the requirements of this chapter or to other applicable requirements of the applicable Town codes, including without limitation the Land Use Code.

(6)

Apply for Building Permit. Once the Town Manager has approved the ADU application, the applicant shall apply for a building permit for the unit and follow the standard building permit review process as identified in the Kersey Municipal Code.

(7)

Certificate of Approval. The Town Manager shall issue a certificate of approval of the accessory dwelling unit on behalf of the Town.

a.

The certificate shall be void and of no further force and effect unless the applicant submits a complete building permit application within 180 days of the date of the decision on the accessory dwelling unit.

b.

In the event the building permit and or other documents required for the finalization of the approved accessory dwelling unit are not submitted to the Town within 180 days following the effective date of the approval, such approval shall be void and of no further force and effect.

(d)

Review Criteria. The decision to approve, conditionally approve, or deny a proposed accessory dwelling unit shall be based upon whether the applicant has demonstrated that the proposed accessory dwelling unit meets all of the ADU standards set forth in Chapter 21 Zoning District Regulations, Article V Use Regulations, Section 21-52 Residential Standards, (a) Accessory Dwelling Units.

(a)

Intent. The intent of this section is to allow limited home-based businesses that are compatible with residential neighborhoods and do not adversely impact the surrounding area.

(b)

Applicability. Home Occupations shall be allowed as a permitted accessory use provided that all standards in Chapter 21 Zoning District Regulations, Article V Use Regulations are met.

(c)

Specific Procedures. A Home Occupation permit shall be applied for in conjunction with a business license. The application shall include a description of the proposed business activity, the hours of operation, and any equipment or materials that will be used.

(d)

Review Criteria. The Home Occupation must comply with all of the standards are met in Chapter 21 Zoning District Regulations, Article V Use Regulations.

(e)

Appeal. If a home occupation request is denied by the Town Manager, the applicant may appeal such denial to the Board of Trustees. The appeal shall be filed with the Town Clerk within fifteen (15) days after the denial by the Town Administrator, and the appeal shall be acted on by the Board of Trustees within sixty (60) days after denial.

(a)

Intent. This section establishes a streamlined process for making minor amendments to the comprehensive plan. The intent is to allow for efficient adaptation of the plan to changing circumstances, new information, or minor corrections, while ensuring consistency with the Town's overall long-term goals and policies.

(b)

Applicability. This section applies to amendments that refine, clarify, or update the Comprehensive Plan with data, maps, or minor changes to address specific circumstances, without significantly altering the Plan's overall vision or direction.

(c)

Specific Procedures.

(1)

Submit Justification. The applicant or staff member shall submit a detailed description of the proposed amendment and its justification.

(2)

Staff Review. The Town Manager shall review the application for consistency with the overall comprehensive plan and established criteria.

(d)

Review Criteria. The Town Manager shall use the following review criteria to evaluate the minor comprehensive plan amendment:

(1)

Consistency with Overall Plan: Is consistent with the goals, and policies of the adopted comprehensive plan.

(2)

Minor in Nature: Does not significantly alter the Town's long-term development goals, land use patterns, or major policy directions.

(3)

Public Interest: Serves the public interest and promotes the general welfare of the community.

(e)

Notify Planning Commission and Board of Trustees. The Town Manager shall notify the Planning Commission and Board of Trustees of the update. Either body may determine that the amendment is major and must go through the major revision process.

(f)

Update Approved Comprehensive Plan. The Town Manager shall update the approved Comprehensive Plan on the Town website, including a description and justification of the revision.

(a)

Intent. The intent of the site plan review process is to ensure proposed developments comply with all applicable regulations and standards to protect public safety, minimize environmental impact, and promote compatibility with the surrounding community.

(b)

Applicability. Site Plan review is needed in order to apply for a building permit for all multi-family, commercial, institutional and industrial developments.

(c)

Exemptions. 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.

(1)

One accessory dwelling unit on a per legally established lot that does or will also contain a single-family detached dwelling unit;

(2)

Urban agricultural operations conducted in the Ag zoning district, including but not limited to the following:

a.

Production, cultivation, growing and harvesting of crops and plants;

b.

Harvesting, storage, grading, packaging, processing distribution and sale of agricultural commodities occurring at the point of production; and

c.

Construction of sheds, outbuildings and other accessory structures smaller than 1000 square feet in size that are necessary to agricultural operations.

(d)

Specific Procedures. All applicable provisions of Section 22-6, Common Review Procedures shall apply to the site plan review, except as modified by this Section.

(e)

Review Criteria. The Town Manager shall use the review criteria in Section 22-6 (m) to evaluate the application and:

(1)

All standards applicable to zoning district in which the property is located;

(2)

Any use-specific standards applicable to the proposed use in Article 5, Use Regulations;

(3)

Development Agreement and Financial Guarantees. A development agreement and any financial guarantees required by the Town Manager have been prepared in form and substance acceptable to the Town Attorney and have been approved by the Board of Trustees, signed by the applicant and delivered to the Town for recording along with the site plan maps.

(f)

Development Agreement. The applicant shall be required to execute a development agreement pursuant to Section 22-6 (j) and may also be required to provide financial guarantees in order to ensure the completion of all required improvements related to the subdivision, with the exception of those improvements, if any, which the Town or another governmental or quasi-governmental entity has agreed in writing to complete.

(g)

Signed Site Plan. The applicant shall submit the approved site plan and related development agreement to the Board of Trustees for signature within 120 calendar days from the date of the Town Manager's approval. All conditions of approval shall be met prior to submitting the plat for signature.

(h)

Recording. The final plat and related development agreement shall be filed for recording with Weld County Clerk and Recorder within 30 days after the date of signature by the Board of Trustees.

(a)

Applicability. This section applies to appeals of a final decision under this Code or an interpretation of this Code made by the Town Manager.

(b)

Specific Procedure. All applicable provisions of Section 22-6, Common Review Procedures shall apply, except as modified by this Section.

(1)

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

a.

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 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.

b.

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.

(2)

The appeal shall be filed with the Town Manager within 30 days of the date of the written interpretation or notice of decision.

(3)

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

(4)

The Town Manager shall at once transmit to the Board of Adjustment all the papers constituting the record upon which the decision being appealed was made.

(5)

The filing of a complete request for appeal stays all proceedings in furtherance of the decision being appealed unless the Town Manager 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.

(6)

The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end has all the powers of the Town Manager from whom the appeal is taken, provided that its action does not have the effect of approving a variance that would not be permitted under Section 22-104, Variance.

(7)

In order for the Board of Adjustment to grant an appeal that reverse or modify an administrative interpretation or decision, at least 4 members of the Board of Adjustment must vote in favor of the appellant.

(8)

Public hearing by the Board of Adjustment shall be held within 45 calendar 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.

(9)

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 (c) below.

(10)

The Town Manager shall provide the applicant with written notice of decision by the Board of Adjustment within 5 days of the date of the decision by the Board of Adjustment.

(11)

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 60 days of the date the complete appeal was filed, or within the date required by law if that is shorter than 60 days, unless the owner of the property affected by the decision agrees to an extension of time beyond that date.

(c)

Criteria for Approval.

(1)

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.

(2)

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.

(a)

Intent. The intent of the variance process is to provide flexibility within zoning regulations by allowing property owners to deviate from specific rules due to unique circumstances or hardships, while still upholding the overall spirit and purpose of the zoning ordinance.

(b)

Applicability. 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.

(c)

Specific Procedure.

(1)

General. All applicable provisions of Section 22-6, Common Review Procedures for a decision by an appointed body shall apply unless specifically modified by the provisions below:

a.

In order for the Board of Adjustment to grant a variance, at least 4 members of the Board of Adjustment must vote to do so.

b.

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.

c.

The Town Manager shall inform the applicant of the approval, conditions of approval, or basis for denial in writing within 5 days of the date of the decision by the Board of Adjustment.

(d)

Criteria for Approval. A variance application shall be approved or approved with conditions if the Board of Adjustment finds the request complies with the following criteria:

(1)

One 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; and

(2)

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; and

(3)

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; and

(4)

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.

(a)

Oil and Gas Permits refer to Division 5 of this Chapter.

(b)

Zoning and Use of Wireless Telecommunication Services, Facilities and Equipment refer to Chapter 21, Section 21-55 (h).

(a)

Intent. This section establishes a process for making major amendments to the comprehensive plan. Major amendments are those that introduce significant changes to the Town's long-term vision, goals, or policies in response to evolving community needs, priorities, or circumstances. This process ensures that such amendments are thoroughly reviewed, align with the community's vision for the future, and maintain a cohesive and sustainable approach to development.

(b)

Applicability. This section applies to amendments to the comprehensive plan that introduce significant changes to the Town's long-term vision, goals, or policies, as determined by the Town Manager. This includes amendments that:

(1)

Substantially alter the designated land uses;

(2)

Introduce new major policy directions or significantly revise existing ones; or

(3)

Change the overall vision or long-term objectives of the comprehensive plan.

(c)

Specific Procedures.

(1)

Submit Justification. The applicant or staff member shall submit a detailed description of the proposed amendment and its justification.

(2)

Staff Review. The Town Manager shall review the application for consistency with the overall comprehensive plan and established criteria.

(d)

Review Criteria.

(1)

Amendments. In making their recommendation or decision, the Planning Commission and Board of Trustees, respectively, shall approve an amendment to the comprehensive plan, only if it:

a.

Improves the implementation of one or more of the goals, policies, or action steps of the Kersey Comprehensive Plan; and

b.

Will not pose a detrimental impact on existing or planned Town facilities, services or transportation arteries.

(2)

Adoption of New Comprehensive Plan. In making their recommendation or decision, the Planning Commission and Board of Trustees, respectively, shall approve the adoption of a new comprehensive plan, only if it:

a.

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

b.

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

c.

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, as now existing or as amended in the future.

d.

Complies with all requirements of Colorado law regarding comprehensive plans including but not limited to C.R.S. §§ 31-23-200 et. Seq as now existing or as amended in the future; and

e.

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

(a)

Intent. The intent of Use by Special Review (USR) regulations is to ensure that certain land uses, which may have unique impacts or require additional scrutiny, are evaluated on a case-by-case basis to determine their compatibility with the surrounding area and compliance with established community standards.

(b)

Applicability. This subsection applies to each application to approve a land use indicated as a Use by Special Review in the zoning district where the property is located in Table 21-40.1: Permitted Use Table.

(c)

Specific Procedure. All applicable provisions of Section 22-6, Common Review Procedures for a decision by the Board of Trustees shall apply unless specifically modified by the provisions below:

(1)

Joint Applications. USR 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 USR.

(2)

Court Decisions. 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 [60] days of the date the completed application was filed, or within the date required by law, whichever is shorter.

(d)

Review Criteria. In making its recommendation or decision, the Planning Commission and the Board of Trustees, 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 Land Use Code, including without limitation any applicable standards in Chapter 21, Article V, Use Regulations;

(3)

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

(4)

The proposed use will not substantially alter the basic character of the district in which it is in or jeopardize the development or redevelopment potential of the district.

(5)

The proposed use will result in efficient on- and off-site traffic circulation which will not have a significant adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.

(6)

The proposed use will be adequately served with public utilities, services, and facilities (i.e. water, sewer, electric, schools, street system, police and fire protection, public transit, storm drainage, refuse collection, parks system, etc.) and not impose an undue burden above and beyond those of the permitted uses of the district.

(7)

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

(8)

The applicant has submitted evidence that all applicable local, state and federal permits have been or will be obtained.

(a)

Intent. The intent of Land Use Code text revisions is to ensure the code remains current, relevant, and responsive to the evolving needs of the community while upholding the established principles of sound planning and development. This process allows for adjustments to be made to the code's language, provisions, and regulations to address changing circumstances, improve clarity, correct inconsistencies, and incorporate best practices in land use management.

(b)

Applicability. This subsection shall apply to all applications to revise the text of this Land Use Code, except for an application to create, modify, or repeal an overlay zoning district, which shall be processed pursuant to Section 22-112, Rezoning (Amendment to Official Zoning Map).

(c)

Specific Procedure. All applicable provisions of Section 22-6, Common Review Procedures for a decision by the Board of Trustees shall apply unless specifically modified by the provisions below:

(1)

Applications to amend the text of this Code may be initiated only by the Town Manager, the Planning Commission, or the Board of Trustees.

(2)

Public hearing by the Board of Trustees shall be held within 45 calendar days of the date of the Planning Commission's recommendation.

(3)

Unless otherwise specified by the Board of Trustees, an approved amendment to the text of this Land Development Code shall become effective 30 days after the Board of Trustees decision.

(d)

Review Criteria. In making its recommendation or decision, the Planning Commission and Board of Trustees, respectively, shall approve the application or approve it with conditions if the proposed amendment complies with the following criteria:

(1)

Comprehensive Plan Alignment. The proposed amendment is consistent with and furthers the goals and policies of the comprehensive plan and other relevant plans and policies adopted by the Town, such as the Hazard Mitigation Plan.

(2)

Public Interest and Welfare. The proposed Code amendment promotes and protects the public health, safety, and welfare by:

a.

Addressing changed conditions or circumstances in the Town; or

b.

Addressing a new or unforeseen threat to public health, safety, and welfare; or

c.

Promoting economic growth and investment while mitigating potential risks to public health, safety, and the environment; or

d.

Protecting environmental resources and promoting sustainable development practices; or

e.

Maintaining or enhancing the character of the community and its neighborhoods.

(3)

Equity. The proposed Code amendment provides for equitable treatment of and opportunities for all portions of the Town population by ensuring that the code does not create or perpetuate barriers based on race, ethnicity, religion, gender, sexual orientation, age, disability, or economic status.

(4)

Clarity and Enforceability. The proposed Code amendment is clearly written and easily understood by the public and those who will enforce it.

(a)

Intent. This section ensures compliance with state law regarding the siting of major electric and natural gas facilities, balancing infrastructure needs with local land use considerations.

(b)

Applicability.

(1)

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.

(2)

This section implements the requirements of C.R.S. 29-20-108 as now existing or as amended in the future. 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.

(c)

Specific Procedure.

(1)

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

a.

Within 28 days of the submission an application the Town Manager 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 require the submission of the additional information.

b.

A decision on the application by the Board of Trustees shall be made within 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.

c.

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

d.

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 90-day decision requirement.

(2)

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 as now existing or as amended in the future, and other applicable provisions of state law. Any appeal of the decisions shall not be conducted pursuant to Section 22-105, Appeal.

(d)

Review Criteria. The Planning Commission may recommend approval or approval with conditions, and the Board of Trustees may approve the application or approved it with conditions if the Board of Trustees 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:

a.

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);

b.

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);

c.

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

d.

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

(2)

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

(a)

Intent. The intent of the rezoning process is to provide a mechanism for property owners to request changes to the designated zoning district of their property, allowing for land use adjustments that align with the community's comprehensive plan, promote compatible development, and respond to evolving needs while ensuring a transparent and predictable process for all stakeholders.

(b)

Applicability. 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.

(c)

Specific Procedure. All applicable provisions of Section 22-6, Common Review Procedures for a decision by the Board of Trustees shall apply unless specifically modified by the provisions below:

(1)

Except as stated in subsection b, an application for rezoning may be initiated by the owner of the property that is the subject of the application, the Town Manager, the Planning Commission, or the Board of Trustees.

(2)

An application for the creation of an PUD Overlay District containing a designated property, structure, or district may be initiated by the owner(s) of the property or properties to be designated.;

(3)

The public hearing by the Planning Commission shall be held within 45 calendar days after a complete application has been received.

(4)

The public hearing by the Board of Trustees shall be held within 45 calendar days of the date of the Planning Commission's recommendation.

(d)

Review Criteria. In making their recommendation or decision, the Planning Commission or the Board of Trustees, respectively, shall approve the application, or approve it with conditions, if it complies with the following criteria:

(1)

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

(2)

The amendment 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

a.

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

b.

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 and/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;

c.

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

d.

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

e.

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.

(a)

Intent. The intent of the PUD Overlay Zone is to encourage innovative and high-quality development that is compatible with the underlying zoning district. It provides flexibility in design, density, and land use mix to achieve superior projects that incorporate community goals such as efficient land use, diverse housing options, environmental sensitivity, and community benefits. This overlay is not intended to circumvent base zoning regulations, but to build upon them through a collaborative process between developers and the community.

(b)

Applicability. Any property or collection of contiguous properties of a minimum of fifty (50) acres in size is eligible for a PUD Overlay provided all owners authorize their respective property to be included.

(c)

Specific Procedure. All applicable provisions of Section 22-6, Common Review Procedures for a decision by the Board of Trustees shall apply unless specifically modified by the provisions below:

(1)

The PUD Overlay shall be processed as a zoning amendment.

(d)

Review Criteria. In making their recommendation or decision, the Planning Commission or the Board of Trustees, respectively, shall approve the application, or approve it with conditions, if it complies with the following criteria:

(1)

The proposed benefits offset the proposed exceptions to the zoning and subdivision standards, and such exceptions are in the best interest of the public health, safety, and welfare of the community.

(2)

The proposed development plan does not conflict with the restrictions on development plans, and the proposed zoning is compatible with the surrounding land uses.

(3)

The development plan proposes creative and innovative design and high quality development, thereby protecting and promoting public safety, convenience, health, and general welfare.

(4)

The uses and densities in the proposed development plan are compatible and will be effectively integrated with adjacent neighborhoods which now exist or are proposed in the future.

(5)

The proposed development plan is in general conformance with the Comprehensive Plan.

(e)

Zoning Map. An approved PUD Overlay will be shown upon the Zoning Map and will overlay existing zoning, which will continue to apply, except to the extent modified by or inconsistent with the PUD Comprehensive Plan.

(a)

Intent. The intent of the Exception process is to offer flexibility within the Community Design Principles and Development Standards by allowing for modifications based on the specific context of a development proposal. This process seeks to uphold the spirit and intent of the design guidelines while acknowledging that strict adherence to all standards may not always be practical or desirable, encouraging creative solutions that still achieve high-quality design outcomes.

(b)

Applicability. This Section applies to any application for an exception to the minimum Community Design Principles and Development Standards, with the following limitations:

(1)

Excluded Standards: Exceptions shall not be granted to the following standards explicitly designated as non-modifiable:

a.

Road standard (cross section) for local street with attached sidewalk;

b.

Requirement of one (1) street tree of two (2) inch caliper for each forty (40) feet of frontage on both sides of the street (except for rural roads and alleys);

c.

Dedication of the full width of right-of-way for all platted streets; and

d.

Provision of handicap parking spaces.

(2)

Zoning Code Compliance: This process applies solely to modifications of design principles and standards and does not provide relief from the underlying zoning district regulations or use regulations. Any requests for relief from zoning regulations must be pursued through the variance process.

(3)

Burden of Proof: The applicant must demonstrate that an exception is justified due to specific conditions, circumstances, or the unique design context of the development.

(c)

Specific Procedure. Applicants shall follow these procedures for exceptions:

(1)

Submit Request Letter. The applicant shall submit a letter to the Town Manager requesting an exception and providing justification thereof.

(2)

Concurrent Review. The Town shall review the exemption application concurrently with a preliminary plat, final plat, or site plan application.

(3)

Review, Decision-Making, and Appeal Responsibilities. This information shall be as shown in Table 22-5.1: Development Review Procedures Summary.

(d)

Review Criteria. In making their recommendation or decision, the Planning Commission or the Board of Trustees, respectively, shall approve the application, or approve it with conditions, if the following criteria are met:

(1)

Justification for Exception. The applicant must demonstrate that special circumstances exist that prevent full compliance with the Community Design Principles and Development Standards or meet criterion (2).

a.

Unique Circumstances. These may include, but are not limited to narrowness, unusual shape, exceptional topographic conditions (e.g., steep slopes, unique geologic formations), presence of significant natural features (e.g., mature trees, water bodies) or historic or cultural resources on the site.

b.

Excluded Factors. Financial hardship, loss of prospective profits, maintenance concerns, or previously approved exceptions do not qualify as special circumstances.

(2)

Alternate Design Quality. The proposed alternative must uphold the intent of the standards and meet the following conditions:

a.

Better aligns with intent: It better achieves the stated intent of the design standards.

b.

Standard's intent unachievable: Application of the standard would not achieve the intended outcome in this context.

c.

Improves other standards: The modification improves the application of other design standards.

d.

Standard impractical due to site features: Strict adherence to the standard is impractical due to site-specific features.

e.

Public benefits provided: It provides public facilities or amenities that benefit the community without negatively affecting neighboring properties or the Town's services.

f.

Introduces unique amenities: It introduces amenities that could not otherwise be provided under the current standards.

g.

Consistent with plans and codes: The exception will not conflict with the Kersey Comprehensive Plan or Municipal Code.

h.

Protects public safety: The exception will not endanger public safety.

i.

No adverse environmental impacts: The exception will not result in significant adverse environmental impacts, especially concerning natural features or resources on the site.

j.

Maintains neighborhood character: The exception maintains the character and design intent of the surrounding development.

k.

Reasonable mitigation provided: The applicant has proposed reasonable mitigation measures to address any potential adverse impacts caused by the exception.

(a)

It is found, determined and declared that the location and operation (to the extent not regulated by the state) of drilling and producing of oil and natural gas wells within the town shall be subject to regulation under the Town's police power. The business of drilling, producing, storing and handling of flammable and explosive liquids and the noxious odors, noise, environmental damages, aesthetic diminution and hazards that emanate from such activity make the regulation of the location of oil and gas wells and the operation thereof necessary and reasonable to promote the public health, safety and general welfare of the inhabitants of the Town. These regulations shall apply to all new oil and gas facilities to be constructed on any property under the jurisdiction of the Town.

(b)

All new oil and gas facilities within the Town of Kersey shall also comply with all applicable Colorado Energy and Carbon Management Commission, Colorado Air Quality Control Commission, Colorado Department of Public Health and Environment, and federal Environmental Protection Agency laws, regulations, and standards.

(c)

The legislative intent of this Division is to:

(1)

Provide a framework for responsible exploration and production of oil and gas resources in a manner that (a) complies with applicable state and federal law, (b) conserves other natural resources, (c) avoids or mitigates all significant impacts on surrounding land uses, and (d) mitigates adverse impacts the environment, and (e) protects the public health, safety, and welfare of Town residents.

(2)

Recognize that oil and gas wells are a necessary part of energy production;

(3)

Recognize and ensure the rights of mineral interest owners;

(4)

Recognize and ensure the rights of those concerned with the use and development of the surface interest;

(5)

Reduce conflict between the development of the petroleum resource and the surface use and protect the surface users from the hazards of oil and gas development; and

(6)

Protect the community from the hazards of oil and gas well drilling, pipelines for transport of oil and gas products and byproducts and development of the mineral resource to the extent permitted by state law.

(d)

The scope of this Division is, to the extent allowable by law, to regulate the following:

(1)

The construction, drilling, alteration, repair, erection, transport, location and maintenance of any oil or gas well, accessory equipment or structure within the Town in relation to the existing or planned surface development insofar as such regulation is not preempted by state law.

(2)

To require that a Use by Special Review shall be required prior to any individual drilling an oil and gas well or installing a pipeline to transport oil, gas or other materials associated with the production of oil and gas.

(3)

To require that the construction of oil and gas wells and pipelines to transport oil, gas or other materials associated with the production of oil and gas shall be regulated by these zoning regulations as other construction within the Town.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means the Oil and Gas Conservation Act of the State of Colorado, C.R.S. § 34-60-101 et seq.

Assembly building means any building or portion of building or structure used for the regular gathering of 50 or more persons for such purposes as deliberation, education, instruction, worship, entertainment, amusement, drinking or dining, or awaiting transport.

Building unit means a residential building unit; and every five thousand (5,000) square feet of building floor area in commercial facilities or every fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and normally occupied during working hours.

Commission or ECMC means the Colorado Energy and Carbon Management Commission.

Commission forms or ECMC forms means those forms promulgated by the Colorado Energy and Carbon Management Commission and as they may from time to time be amended by the commission.

Day means a period of 24 consecutive hours.

Director means director of the. Colorado Energy and Carbon Management Commission.

Inspector, Town, means any person designated by the Town manager or by the manager's designee who shall have the authority to inspect a well site to determine compliance with this Division and other applicable ordinances of the Town.

Local government designee means the office designated to receive, on behalf of the local government, copies of all documents required to be filed with the local governmental designee pursuant to the rules of the ECMC.

Mineral owner means any person having title or right of ownership in subsurface oil and gas or leasehold interest therein.

Operating plan means a general plan which describes an oil and gas exploration and production facility identifying purpose, use, typical staffing pattern, seasonal or periodic considerations, routine hours of operation, source of services/infrastructure, any mitigation plans and any other information related to regular functioning of that facility.

Operator means the person designated by the owner or lessee of the mineral rights as the operator and so identified in oil and gas conservation commission applications.

Production facilities means all storage, separation, treating, dehydration, artificial lift, power supply, compression, pumping, metering, monitoring, flowlines and other equipment directly associated with oil wells, gas wells or injection wells.

Sidetracking means entering the same wellhead from the surface, but not necessarily following the same well bore, throughout its subsurface extent when deviation from such well bore is necessary to reach the objective depth because of an engineering problem.

Surface owner means any person having title or right of ownership in the surface estate of real property or leasehold interest therein.

Twinning means the drilling of a well adjacent to or near an existing well when the well cannot be drilled to the objective depth or produced due to an engineering problem, such as a collapsed casing or formation damage.

Well means an oil or gas well, a hole drilled for the purpose of producing oil or gas or a well into which fluids are injected.

Wellhead means the mouth of the well at which oil or gas is produced.

Well site means the areas which are directly disturbed during the drilling and subsequent operation of, or affected by production facilities directly associated with, any oil well, gas well or injection well.

In all areas of the town, except for flowlines, transmission lines and power supply lines, the following shall apply:

(1)

Setback Requirements. At the time of initial drilling, all new oil and gas facilities shall be located:

a.

At least 2,000 feet from any occupied structure as measured from the pad boundary;

b.

At least 2,000 feet from the nearest boundary of a platted lot smaller than 15 acres in area as measured from the pad boundary;

c.

At least 200 feet from any adjacent property's boundary line as measured from the pad boundary;

d.

At least 150 feet or 1 ½ the height of the derek, whichever is greater feet from public or private rights-of-ways as measured from the pad boundary;

e.

Not less than 2,000 feet from any building, educational facility, assembly building, nursing home, board and care facility, any structure or outdoor area used as a place of assembly.

(2)

The distance between any platted public street (whether or not actually in existence), alley, right-of-way or railroad and a wellhead tank battery separator or associated on-site production equipment shall be 100 feet and 20 feet from any utility easement.

(3)

The well and tank battery shall comply with all applicable federal, state and local laws and regulations when located in a floodway or 100-year floodplain area and in such area shall be anchored as is necessary to prevent flotation, lateral movement or collapse or shall be surrounded by a berm with a top elevation at least one foot above the level of a 100-year flood. Any activity or equipment at a well site within a 100-year floodplain shall comply with the Federal Emergency Management Act and shall not endanger the eligibility of residents of the Town to obtain federal flood insurance.

All exploration and production waste, including drilling mud or other drilling fluids, shall be stored, handled, transported, treated, recycled or disposed of in accordance with Colorado Energy and Carbon Management Commission (CECMC) regulations to prevent any significant adverse environmental impact on air, water, soil or biological resources.

All persons shall comply with all commission rules with respect to seismic operations. seismic operations shall occur within the town only between the hours of 7:00 a.m. and 7:00 p.m. in addition, the owner or operator shall provide a notice of intent to conduct seismic exploration at least seven days prior to commencement of the data-recording operations to the town manager, fire chief or other pertinent authority of the town. the notice shall include the following:

(1)

CECMC Form 20 as filed with the CECMC, together with all attachments, together with a map showing the proposed seismic lines, at a scale of at least one-half inch to the mile;

(2)

CECMC Form 20A as soon as it is filed with the CECMC;

(3)

Name and permanent address of the seismic operator; and

(4)

The name, address and telephone number of the seismic contractor's local representative.

All roads used to access the tank battery and wellhead shall be constructed to accommodate local emergency vehicle access requirements and be maintained in a reasonable condition according to the following standards:

(1)

Tank battery access roads. Access roads to tank batteries in urbanized or soon to be urbanized areas of the Town shall, at a minimum, be:

a.

A graded gravel roadway at least 20 feet wide and with a minimum unobstructed overhead clearance of 13 feet, six inches having a prepared subgrade and an aggregate base course surface a minimum of six inches thick compacted to a minimum density of 95 percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures approved by the public works department. The aggregate material, at a minimum, shall meet the requirements for Class 6, Aggregate Base Course, as specified in the state department of transportation's "Standard Specifications for Road and Bridge Construction," latest edition. This standard may be waived by the Town manager or proper authority for good cause and if the spirit and intent of this section is otherwise met.

b.

Graded so as to provide drainage from the roadway surface and constructed to allow for cross-drainage of waterways (i.e., roadside swells, irrigation ditches, gulches, rivers, creeks, etc.) by means of an adequate culvert pipe. Adequacy of the pipe shall be subject to approval by the Public Works Department.

c.

Maintained so as to provide a passable roadway meeting the requirements of subsection (1) a. of this section at all times.

d.

When compliance with this section is not required as a result of the oil and gas production facilities being located in a nonurbanized area of the Town, such roadways shall be upgraded as required herein when the area becomes urbanized.

(2)

Wellhead access roads. Access roads to wellheads shall, at a minimum, be:

a.

A graded dirt roadway at least 20 feet wide and with a minimum unobstructed overhead clearance of 13 feet, six inches compacted to a minimum density of 95 percent of the maximum density determined in accordance with generally accepted engineering sampling and testing procedures approved by the public works department.

b.

Graded so as to provide drainage from the roadway surface and constructed to allow for cross-drainage of waterways (i.e., roadside swells, gulches, rivers, creeks, etc.) by means of an adequate culvert pipe. The adequacy of the pipe shall be subject to approval of the Public Works Department.

c.

Maintained so as to provide a passable roadway meeting the requirements of subsection (2) a of this section at all times.

(3)

All tank battery and wellhead access roads which intersect a paved Town street or alley shall be paved to standards determined by the public works director from the existing paved roadway to the edge of the public right-of-way. Such standards shall protect public streets, sidewalks and curb and gutters. No mud or gravel, except minor and nominal amounts, shall be carried onto Town streets or sidewalks. If mud or gravel is carried onto Town streets or sidewalks, the owner or operator shall ensure that the streets are promptly cleaned. With the permission of the director of public works, the owner or operator may make arrangements for the public works department to clean the streets at the sole cost of the owner or operator.

(4)

No public facilities, including, but not limited to, curbs, gutters, pavement, water or sewer lines, etc., shall be damaged by vehicles entering or leaving the site. In the event of damage, the operator shall indemnify the Town for any reasonable repair costs.

(a)

Operators shall conform to all current Town, county, state and federal regulations and standards concerning air quality, water quality, odor and noise.

(b)

All Town sanitation and environmental standards shall be met.

(c)

All surface trash, debris, scrap or discarded material connected with the operation of the property shall be removed from the premises or disposed of in a manner prescribed by the CECMC regulations.

(d)

Where possible, operators shall provide for the development of multiple reservoirs by drilling on existing pads or by multiple completions or commingling in existing well bores.

(e)

Noise impacts and mitigation.

(1)

State law and regulations concerning noise abatement, C.R.S. § 25-12-101 et seq., shall apply to all operations, together with applicable local government ordinances, rules or regulations.

(2)

Exhaust from all engines, motors, coolers and other mechanized equipment shall be vented in a direction away from all buildings certified or intended for occupancy.

(f)

Special mitigation measures.

(1)

Where a well or tank battery does not comply with the required setback or other portions of this Division, or where the well or tank battery is in an area of particular noise sensitivity, such as hospitals, schools, churches and a developed residential subdivision, additional noise mitigation may be required. In determining noise mitigation, specific site characteristics shall be considered, including, but not limited to, the following:

a.

Nature and proximity of adjacent development (design, location, type);

b.

Prevailing weather patterns, including wind directions;

c.

Vegetative cover on or adjacent to the site; and

d.

Topography.

(2)

Based upon the specific site characteristics set forth above, nature of the proposed activity and its proximity to surrounding development and type and intensity of the noise emitted, additional noise abatement measures may be required. The level of required mitigation may increase with the proximity of the well and well site to existing residences and platted subdivision lots and/or the level of noise emitted by the well and well site. One or more of the following additional noise abatement measures may be required:

a.

Acoustically insulated housing or cover enclosing the motor, engine or compressor, or other noise mitigation techniques;

b.

Vegetative screen consisting of trees and shrubs;

c.

Solid wall or fence of acoustically insulating material surrounding all or part of the facility;

d.

Noise management plan identifying and limiting hours of maximum noise emissions, type, frequency and level of noise to be emitted and proposed mitigation measures;

e.

Lowering the level of pumps or tank battery; and

f.

Requirements for electric motors only.

(g)

Visual Impacts and Mitigation.

(1)

To the maximum extent practical, and when allowed by the CECMC, wellhead and production facilities shall be located away from prominent natural features such as distinctive rock and landforms, river crossings and other landmarks.

(2)

To the maximum extent practical, and when allowed by the CECMC, oil and gas facilities shall be located to avoid crossing hills and ridges or silhouetting.

(3)

To the maximum extent practical, the applicant shall use structures of minimal size to satisfy present and future functional requirements.

(4)

At all times the applicant shall minimize the removal of existing vegetation.

(5)

To the maximum extent practical, the applicant shall locate wellhead and production facilities at the base of slopes to provide a background of topography and/or natural cover and, where appropriate, shall use low-profile equipment.

(6)

The applicant shall replace earth adjacent to water crossings at slopes at an angle which ensures stability for the soil type of the site, to minimize erosion.

(7)

The applicant shall align access roads to follow existing grades and minimize cuts and fills.

(8)

Facilities shall be painted as follows:

a.

Uniform, noncontrasting, nonreflective color tones, similar to the Munsell Soil Color Coding System.

b.

Color matched to land, not sky, slightly darker than adjacent landscape.

c.

Exposed concrete colored to match soil color.

(9)

Storage tanks and other facilities shall be kept clean and well painted and otherwise properly maintained, so that signs are legible and all flammable material removed from the site.

(10)

Where a well or tank battery does not comply with the required setback or other portions of this Division, or in areas of increased visual sensitivity determined by the Town, the applicant shall submit a visual mitigation plan which shall include, but not be limited to, one or more of the following standards:

a.

Exterior lighting shall be directed away from residential areas or shielded from said areas to eliminate glare.

b.

Construction of buildings or other enclosures may be required where facilities create noise and visual impacts which cannot be mitigated because of proximity, density and/or intensity of adjacent residential land use.

(11)

One or more of the following landscaping practices may be required, where practical, on a site-specific basis:

a.

Establishment and proper maintenance of adequate ground covers, shrubs and trees.

b.

Shaping cuts and fills to appear as natural forms.

c.

Cutting rock areas to create irregular forms.

d.

Designing the facility to utilize natural screens.

e.

Construction of fences or walls, such as woven wood or rock, for use with or instead of landscaping.

(h)

Safety impacts and mitigation.

(1)

Adequate precautions shall be taken and necessary wellhead safety devices used at all times during drilling, completion, recompletion, reworking, production, repair and maintenance of the well.

(2)

Adequate firefighting apparatus and supplies, approved by the fire authority or appropriate fire district, shall be maintained on the drilling site at all times during drilling, completion and repair operations. All machinery, equipment and installations on all drilling sites within the Town limits shall conform with such requirements as may be issued by the fire authority or appropriate fire district.

(3)

Any well located less than 2,000 feet from an occupied building or in high density areas shall be equipped with blowout preventers during drilling.

All flowlines, including transmission and gathering systems as approved by the town, shall have the legal description of the location recorded with the county clerk and recorder within 30 days of completion of construction. abandonment of any flowlines shall be recorded with the county clerk and recorder within 30 days after abandonment. copies of the recorded documents shall be provided to the town.

(a)

The operator shall comply with all OGCC CECMC rules with respect to site reclamation.

(b)

The CECMC drill site reclamation notice shall be filed with the Town at the same time it is sent to the surface owner.

(a)

The operator shall comply with all CECMC rules with respect to abandonment and plugging of wells.

(b)

The operator of a well which is to be abandoned upon the completion of drilling and not be put into production shall notify the fire authority not less than two hours prior to commencing plugging operations.

(c)

The operator of a formerly producing well shall notify the fire authority not less than two working days prior to removing production equipment or commencing plugging operations.

(d)

The operator shall provide copies of all CECMC plugging and abandonment reports to the Town at the same time they are filed with the CECMC.

(e)

The operator shall identify the location of a plugged and abandoned well with a permanent concrete monument which extends at least 12 inches above the surface and shall include the well number and the date of plugging inscribed on the monument.

(a)

Specific Procedure.

(1)

All applicable provisions of Section 22-6, Common Review Procedures for a decision by the Board of Trustees shall apply unless modified by this subsection.

(2)

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

a.

The applicant shall provide all required notice for a public hearing pursuant to Section 22-6 (e), Scheduling and Notice of Public Hearing; and

(3)

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 [1,500] feet of the proposed oil and gas operation, and shall document such notice provided pursuant to Section 6-103.E.2.h, Responsibility for Notice.

[(b)]

Use by Special Review and building permits shall be obtained as required by the Town's adopted zoning and building codes and other applicable codes and regulations then in effect.

[(c)]

Within all zone districts, it shall be unlawful for any person to drill a well, reactivate a plugged or abandoned well or perform initial installation of accessory equipment or pumping systems unless a use by Special Review Permit has first been granted by the Town in accordance with the procedures in Division XV of this chapter and those prescribed herein. Unless otherwise stated in the special review permit, such permit shall allow any twinning, sidetracking, deepening, recompleting or reworking of a well and relocation of accessory equipment or gathering and transmission lines so long as all applicable regulations of this jurisdiction and the state are met. If any twinning, sidetracking, deepening, recompleting or reworking of a well, or relocation of accessory equipment or gathering and transmission lines occurs, then the operator shall submit a revised site plan to the Town depicting any changes from the approved special review permit. After review of the revised site plan, the Town shall issue a notice to proceed as provided in section 22-471.

[(d)]

In recognition of the potential impacts associated with oil and gas drilling and well operation in an urban setting, all wells and accessory equipment and structures may be subject to the inspections by the Town at reasonable times to determine compliance with all applicable regulations, including any applicable fire code and building code as adopted by the Town and any other applicable ordinances and regulations.

(a)

An application for Use by Special Review pursuant to this Division shall be filed with the Town clerk prior to commencement of any construction, earth moving or other site work, and such application shall include the following information:

(1)

The required Town Use by Special Review application materials and the applicable fee.

(2)

Copies of all required CECMC forms and all attachments thereto as submitted to the CECMC. If the following information is not provided on the well location plat, the lease map or other documents submitted with the above forms, then the following information should be provided to the Town:

a.

The proposed location of production site facilities or well site facilities associated with the well in the event production is established. Future development of the resource shall be considered in the location of the tank battery. Existing tank batteries and transmission and gathering lines within 500 feet of the well site shall be shown.

b.

The proposed location of production site facilities or wellsite facilities associated with the well in the event production is established, if applicable. Future development of the resource shall be considered in the location of the tank battery. Existing tank batteries and transmission and gathering lines within 700 feet of the well site shall be shown.

c.

The location of layout, including, without limitation, the position of the drilling equipment and related facilities and structures, if applicable.

d.

True north arrow, scale and plan legend.

(3)

The following information within a radius of 500 feet of the proposed well:

a.

Existing surface improvements.

b.

Existing utility easements and other rights-of-way of record, if any.

c.

Existing irrigation or drainage ditches, bodies of water and watercourses, including direction of water flow.

d.

The applicant's drainage and erosion control plans for the well site or production site and the area immediately adjacent to such site, if applicable.

e.

Location of access roads.

f.

Well site or production site's existing lease boundaries, well name and number.

g.

The names of abutting subdivisions or the names of owners of abutting, unplatted property within 500 feet of the well site or production site.

h.

A title block showing the scale; date of preparation; and name, address and telephone number of the plan preparer, applicant and operator.

(4)

Copies of the vicinity maps as submitted to the CECMC. In addition, the following information, if not provided in the vicinity map submitted to the CECMC, shall be provided to the Town:

a.

Location of existing oil and gas wells as reflected in CECMC records. This information shall be submitted on a map and shall include any and all wells within a 1,000-foot radius of the proposed location of the well.

b.

Location of drill site and access from one or more public roads.

c.

Surface and mineral lease ownership within 200 feet of the wellhead and within 400 feet of the wellhead in high density areas.

(5)

Application requirements for narrative. In addition to the site plans and vicinity maps required in this section, the application shall include the following:

a.

The operator's and surface owner's names and addresses, copies of any required OGCC Form 2 and designation of agent, if applicable.

b.

An operating plan.

c.

A list of all permits or approvals obtained or yet to be obtained from local, state or federal agencies other than CECMC

d.

An emergency response plan that is mutually acceptable to the operator and the fire authority or appropriate fire district that includes a list of local telephone numbers of public and private entities and individuals to be notified in the event of an emergency, the location of the well and provisions for access by emergency response entities.

e.

A plan for minimizing negative impacts, including, but not limited to, noise and vibration levels, air and water quality, odor levels, visual impacts, wildlife impacts, waste disposal and public safety.

f.

A fire protection plan that is mutually acceptable to the operator and the fire authority or appropriate fire district that includes planned actions for possible emergency events and any other pertinent information. Prior to the application to the Town, a proposed fire protection plan and emergency response plan shall be submitted to and reviewed by the fire authority or appropriate fire district.

(b)

The process whereby a Use by Special Review request shall be considered by the Town shall follow the procedures set forth in Section 22-109.

The Planning Commission shall recommend, and the Board of Trustees shall approve, or approve it with conditions an application for an oil and gas operation within 60 days of receipt of a completed application, if:

(1)

It complies with the criteria in Section 22-109 (d) Use by Special Review Criteria and the standards for oil and gas facilities in Section 21-55 (d).

(2)

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

(3)

Adequacy of site plan and supporting materials. The site plan meets all planning, engineering, and surveying requirements of this Code.

(4)

The well and facilities meet all required setbacks.

(5)

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

(6)

The application meets all environmental requirements and any impacts on the surrounding area associated with the environment, wildlife, access, traffic, emergency services, utilities, parking, refuse areas, noise, glare, odor, building type and scale, hours of operation, dust, and other material adverse impacts have been addressed and/or mitigated to the maximum extent practicable.

(7)

The application complies with Article XIX Flood Damage Prevention regulations.

(8)

The application is, to the extent practical, consistent with planned surface development.

Prior to commencement of construction, drilling, redrilling or enhanced recovery operations for which a use by special review has been previously granted, a notice to proceed shall be obtained from the town. a copy of any necessary state or federal permit issued for the operation shall be provided to the town.

(a)

The holder or agent of the Use by Special Review permit shall allow inspections by Town personnel at any reasonable hour. Failure to allow inspections for more than ten days shall result in scheduling a special review permit revocation hearing before the Planning Commission. The Planning Commission's decision on a special review permit revocation based on failure to allow inspections shall be final.

(b)

Any operator of any oil and gas well within the Town shall remit to the Town an annual inspection fee to cover the costs which the Town incurs for conducting the inspections of oil and gas wells. The fee shall be determined annually by the Town Manager or his designee and shall be based solely on actual costs incurred by the Town for inspections. This fee shall be paid not later than February 1 of the year following that for which the fee is due. Wells which have been plugged and abandoned are exempt from this fee.

(c)

The operator shall provide to the Town the following:

(1)

As soon as filed with the CECMC, a copy of all Forms 10 and 12, regarding changes in responsible parties.

(2)

As soon as they are filed with the CECMC, copies of Forms 18 and 18A, regarding complaints; Forms 19 and 19A, regarding spills or release of material; Forms 22 and 22A, regarding accidents; and Forms 23 and 23A, regarding loss of control of any wells. The operator shall also provide the Town immediately upon filing with the commission a copy of Form 27, regarding remediation and Form 32, regarding reclamation.

Regardless of any lease provision, no royalty owner or other resident shall be permitted to connect a residence or any other building, structure or vehicle to any well within the town.

If a mineral interest owner and a surface owner agree to set aside any parcel of property for mineral interest development, the town will cooperate in such set-aside with regard to designating such set-aside as open space or other suitable designation for the purpose of preserving such parcel or parcels for use in mineral development.

(a)

It shall be unlawful to construct, drill, install or cause to be constructed or installed any oil and gas facility within the Town unless approval has been granted by the Town pursuant to this code. The unlawful drilling or redrilling of any well or the production therefrom shall constitute a public nuisance. The Town shall have the right to abate the nuisance at the sole reasonable expense of the operator of the nuisance by any means, to include, but not be limited to:

(1)

Injunctive or other civil remedy.

(2)

A stop work order by the Town manager.

(3)

Criminal charges.

(4)

Removal of the nuisance by Town personnel or Town contractors.

(b)

Any person, firm, corporation or legal entity that constructs, installs or uses, or which causes to be constructed, installed or used, any oil and gas well or well site in violation of any provision of this Division shall be subject to the penalties provided in Chapter 24 of this Code.

The violation or breach of any of the terms or conditions of this division, or the ceasing to exist of any of the conditions precedent listed in this division, or the breach of any of the terms or conditions or any use by special review pursuant hereto shall be grounds for the revocation of any use by special review permitted under this division. such revocation shall take place only upon a hearing by the board of trustees. no use by special review shall be revoked until competent evidence has been presented to the board of trustees showing a violation of the conditions set forth in this division. no revocation shall take place without five days' notice of the hearing on such proposed revocation and notice of the reasons for the proposed revocation. the hearing on revocation shall be an informal hearing without the strict application of the rules of evidence and such hearing may be conducted by a hearing officer appointed by the board of trustees.

When a use by special review shall be issued, the same shall be suspended and become inoperative without any action on the part of the town unless within 180 days from the date of issuance, actual drilling of the well shall have commenced. the cessation of the production of oil or gas from the well after production shall have commenced for a period of 360 days, shall operate to suspend the use by special review, and the well shall be considered as abandoned for purposes of this section. an extension of time may be granted, for good cause shown, by the board of trustees, but no other extensions shall be granted. an extension may be granted in the case of failure to commence drilling, for a period of time not to exceed 360 days from the initial date of issuance; or, in the case of cessation of production, for a period of time not to exceed 180 days from the date of cessation. a deadline for completion of the projection for which a use by special review is approved may be established at the time such permit is granted.

(a)

The flood hazard areas of the Town of Kersey are subject to periodic inundation, which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the health, safety and general welfare of the public.

(b)

These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

It is the purpose of this division to promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a)

Protect human life and health;

(b)

Minimize expenditure of public money for costly flood control projects;

(c)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(d)

Minimize prolonged business interruptions;

(e)

Minimize damage to critical facilities, infrastructure and other public facilities such as water, sewer and gas mains; electric and communications stations; and streets and bridges located in floodplains;

(f)

Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and

(g)

Ensure that potential buyers are notified that property is located in a flood hazard area.

In order to accomplish its purposes, this division uses the following methods:

[(a)]

Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

[(b)]

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

[(c)]

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

[(d)]

Control filling, grading, dredging and other development which may increase flood damage;

[(e)]

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters, or which may increase flood hazards to other lands.

Unless specifically defined below, words or phrases used in this division shall be interpreted to give them the meaning they have in common usage and to give this division its most reasonable application.

100-year flood means a flood having a recurrence interval that has a one-percent chance of being equaled or exceeded during any given year (1-percent-annual-chance flood). The terms "one-hundred-year flood" and "one percent chance flood" are synonymous with the term "100-year flood." The term does not imply that the flood will necessarily happen once every 100 years.

100-year floodplain means the area of land susceptible to being inundated as a result of the occurrence of a one-hundred-year flood.

500-year flood means a flood having a recurrence interval that has a 0.2-percent chance of being equaled or exceeded during any given year (0.2-percent-chance-annual-flood). The term does not imply that the flood will necessarily happen once every 500 years.

500-year floodplain means the area of land susceptible to being inundated as a result of the occurrence of a five-hundred-year flood.

Addition means any activity that expands the enclosed footprint or increases the square footage of an existing structure.

Alluvial fan flooding means a fan-shaped sediment deposit formed by a stream that flows from a steep mountain valley or gorge onto a plain or the junction of a tributary stream with the main stream. Alluvial fans contain active stream channels and boulder bars, and recently abandoned channels. Alluvial fans are predominantly formed by alluvial deposits and are modified by infrequent sheet flood, channel avulsions and other stream processes.

Area of shallow flooding means a designated zone AO or AH on a community's flood insurance rate map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Base flood means the flood which has a one percent chance of being equaled or exceeded in any given year (also known as a 100-year flood). This term is used in the National Flood Insurance Program (NFIP) to indicate the minimum level of flooding to be used by a community in its floodplain management regulations.

Base flood elevation (BFE) means the elevation shown on a FEMA flood insurance rate map for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year.

Basement means any area of a building having its floor sub-grade (below ground level) on all sides.

Channel means the physical confine of stream or waterway consisting of a bed and stream banks, existing in a variety of geometries.

Channelization means the artificial creation, enlargement or realignment of a stream channel.

Code of federal regulations (CFR) means the codification of the general and permanent rules published in the federal register by the executive departments and agencies of the federal government. It is divided into 50 titles that represent broad areas subject to federal regulation.

Community means any political subdivision in the state of Colorado that has authority to adopt and enforce floodplain management regulations through zoning, including, but not limited to, cities, towns, unincorporated areas in the counties, Indian tribes and drainage and flood control districts.

Conditional letter of map revision (CLOMR) means FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodplain.

Critical facility means a structure or related infrastructure, but not the land on which it is situated, as specified in section 22-608, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. See section 22-608.

Development means any man-made change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

DFIRM database means database (usually spreadsheets containing data and analyses that accompany DFIRMs). The FEMA mapping specifications and guidelines outline requirements for the development and maintenance of DFIRM databases.

Digital flood insurance rate map (DFIRM) means FEMA digital floodplain map. These digital maps serve as "regulatory floodplain maps" for insurance and floodplain management purposes.

Elevated building means a non-basement building (i) built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

Existing manufactured home park or subdivision means a manufactured home park, or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Federal register means the official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents.

FEMA means Federal Emergency Management Agency, the agency responsible for administering the National Flood Insurance Program.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of water from channels and reservoir spillways;

(2)

The unusual and rapid accumulation or runoff of surface waters from any source; or

(3)

Mudslides or mudflows that occur from excess surface water that is combined with mud or other debris that is sufficiently fluid so as to flow over the surface of normally dry land areas (such as earth carried by a current of water and deposited along the path of the current).

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

Flood insurance study (FIS) means the official report provided by the Federal Emergency Management Agency. The report contains the flood insurance rate map as well as flood profiles for studied flooding sources that can be used to determine base flood elevations for some areas.

Floodplain or flood-prone area means any land area susceptible to being inundated as the result of a flood, including the area of land over which floodwater would flow from the spillway of a reservoir.

Floodplain administrator means the community official designated by title to administer and enforce the floodplain management regulations.

Floodplain development permit means a permit required before construction or development begins within any Special Flood Hazard Area (SFHA). If FEMA has not defined the SFHA within a community, the community shall require permits for all proposed construction or other development in the community including the placement of manufactured homes, so that it may determine whether such construction or other development is proposed within flood-prone areas. Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this floodplain management ordinance.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood control structure means a physical structure designed and built expressly or partially for the purpose of reducing, redirecting, or guiding flood flows along a particular waterway. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodproofing means any combination of structural and/or non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway (regulatory floodway) means the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. The Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of map revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation.

Freeboard means the vertical distance in feet above a predicted water surface elevation intended to provide a margin of safety to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood such as debris blockage of bridge openings and the increased runoff due to urbanization of the watershed.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the secretary of the interior or;

b.

Directly by the secretary of the interior in states without approved programs.

Letter of map revision (LOMR) means FEMA's official revision of an effective flood insurance rate map (FIRM), or flood boundary and floodway map (FBFM), or both. LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the special flood hazard area (SFHA).

Letter of map revision based on fill (LOMR-F) means FEMA's modification of the special flood hazard area (SFHA) shown on the flood insurance rate map (FIRM) based on the placement of fill outside the existing regulatory floodway.

Levee means a man-made embankment, usually earthen, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. For a levee structure to be reflected on the FEMA FIRMs as providing flood protection, the levee structure must meet the requirements set forth in 44 CFR 65.10.

Levee system means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). Any floor used for living purposes which includes working, storage, sleeping, cooking and eating, or recreation or any combination thereof. This includes any floor that could be converted to such a use such as a basement or crawl space. The lowest floor is a determinate for the flood insurance premium for a building, home or business. An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations.

Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean sea level means for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Material safety data sheet (MSDS) means a form with data regarding the properties of a particular substance. An important component of product stewardship and workplace safety, it is intended to provide workers and emergency personnel with procedures for handling or working with that substance in a safe manner, and includes information such as physical data (melting point, boiling point, flash point, etc.), toxicity, health effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling procedures.

National Flood Insurance Program (NFIP) means FEMA's program of flood insurance coverage and floodplain management administered in conjunction with the Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable federal regulations promulgated in Title 44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in 1968 with the passage of the National Flood Insurance Act of 1968.

New construction means the construction of a new structure (including the placement of a mobile home) or facility or the replacement of a structure or facility which has been totally destroyed.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

No-rise certification means a record of the results of an engineering analysis conducted to determine whether a project will increase flood heights in a floodway. A No-Rise Certification must be supported by technical data and signed by a registered Colorado professional engineer. The supporting technical data should be based on the standard step-backwater computer model used to develop the 100-year floodway shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM).

Physical map revision (PMR) means FEMA's action whereby one or more map panels are physically revised and republished. A PMR is used to change flood risk zones, floodplain and/or floodway delineations, flood elevations, and/or planimetric features.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projections;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Special flood hazard area means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.

Start of construction means the date the building permit was issued, including substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure just prior to when the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. The value of the structure shall be determined by the local jurisdiction having land use authority in the area of interest. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or

(2)

Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Threshold planning quantity (TPQ) means a quantity designated for each chemical on the list of extremely hazardous substances that triggers notification by facilities to the state that such facilities are subject to emergency planning requirements.

Town board means the Board of Trustees of the Town of Kersey, Colorado.

Variance means a grant of relief to a person from the requirement of this Division when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Division. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations).

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Water surface elevation means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

The division shall apply to all special flood hazard areas and areas removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-f) within the jurisdiction of the Town of Kersey, Colorado.

The special flood hazard areas identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for Weld County, Colorado and Incorporated Areas," dated November 30, 2023, with accompanying flood insurance rate maps and/or flood boundary—floodway maps (FIRM and/or FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Division. These special flood hazard areas identified by the FIS and attendant mapping are the minimum area of applicability of this Division and may be supplemented by studies designated and approved by the town board. The floodplain administrator and/or town engineer shall keep a copy of the Flood Insurance Study (FIS), DFIRMs, FIRMs and/or FBFMs on file and available for public inspection.

A floodplain development permit shall be required to ensure conformance with the provisions of this division.

No structure or land shall hereafter be located, altered, or have its use changed within the special flood hazard area without full compliance with the terms of this Division and other applicable regulations. Nothing herein shall prevent the town board from taking such lawful action as is necessary to prevent or remedy any violation. These regulations meet the minimum requirements as set forth by the Colorado Water Conservation Board and the National Flood Insurance Program.

This Division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Division and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

In the interpretation and application of this Division, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

The degree of flood protection required by this Division is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Division does not imply that land outside the special flood hazard area or uses permitted within such areas will be free from flooding or flood damages. This Division shall not create liability on the part of the Town of Kersey or any official or employee thereof for any flood damages that result from reliance on this Division, or any administrative decision lawfully made thereunder.

This Division and the various parts thereof are hereby declared to be severable. Should any section of this Division be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

The Town Engineer is hereby appointed as floodplain administrator to administer, implement and enforce the provisions of this Division and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.

Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

(1)

Maintain and hold open for public inspection all records pertaining to the provisions of this Division, including the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and any floodproofing certificate required by section 22-576.

(2)

Review, approve, or deny all applications for floodplain development permits required by adoption of this Division.

(3)

Review floodplain development permit applications to determine whether a proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding.

(4)

Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.

(5)

Inspect all development at appropriate times during the period of construction to ensure compliance with all provisions of this Division, including proper elevation of the structure.

(6)

Where interpretation is needed as to the exact location of the boundaries of the special flood hazard area (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation.

(7)

When base flood elevation data has not been provided in accordance with section 22-552, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state, or other source, in order to administer the provisions of division 3.

(8)

For waterways with base flood elevations for which a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half foot at any point within the community.

(9)

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one-half foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional letter of map revision), fulfills the requirements for such revisions as established under the provisions of Section 65.12 and receives FEMA approval.

(10)

Notify, in riverine situations, adjacent communities and the state coordinating agency, which is the Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.

(11)

Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

[(a)]

Application for a floodplain development permit shall be presented to the floodplain administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to special flood hazard area. Additionally, the following information is required:

(1)

Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;

(2)

Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

(3)

A certificate from a registered Colorado professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 22-602 (2);

(4)

Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

(5)

Maintain a record of all such information in accordance with section 22-575.

[(b)]

Approval or denial of a floodplain development permit by the floodplain administrator shall be based on all of the provisions of this Division and the following relevant factors:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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;

(8)

The necessity to the facility of a waterfront location, where applicable;

(9)

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

(10)

The relationship of the proposed use to the comprehensive plan for that area.

(a)

The town board shall hear and render judgment on requests for variances from the requirements of this Division.

(b)

The town board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this Division.

(c)

Any person or persons aggrieved by the decision of the town board may appeal such decision in the courts of competent jurisdiction.

(d)

The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the federal emergency management agency upon request.

(e)

Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Division.

(f)

Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in section 22-576 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(g)

Upon consideration of the factors noted above and the intent of this Division, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Division as stated in section 22-548.

(h)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(i)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(j)

Prerequisites for granting variances:

(1)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(2)

Variances shall only be issued upon:

a.

Showing a good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship to the applicant, and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3)

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(k)

Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

(1)

The criteria outlined in subsection (a)—(i) are met, and

(2)

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Division and other applicable regulations. Violation of the provisions of this Division by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.

Any person who violates this Division or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the municipal code and ordinances of the Town of Kersey. Nothing herein contained shall prevent the Town of Kersey from taking such other lawful action as is necessary to prevent or remedy any violation.

In all special flood hazard areas the following provisions are required for all new construction and substantial improvements:

(1)

All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2)

All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

(3)

All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

(4)

All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

(5)

All manufactured homes shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(6)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

(7)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and,

(8)

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

In all special flood hazard areas where base flood elevation data has been provided as set forth in (i) section 22-552, (ii) section 22-575 (7), or (iii) section 22-607, the following provisions are required:

(a)

Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one foot above the base flood elevation. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado professional engineer, architect, or land surveyor. Such certification shall be submitted to the floodplain administrator.

(b)

Nonresidential construction. With the exception of critical facilities, outlined in section 22-608, new construction and substantial improvements of any commercial, industrial, or other nonresidential structure shall either have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated to one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be designed so that at one foot above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

A registered Colorado professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. Such certification shall be maintained by the floodplain administrator, as proposed in section 22-576.

(c)

Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.

Designs for meeting this requirement must either be certified by a registered Colorado professional engineer or architect or meet or exceed the following minimum criteria:

(1)

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(2)

The bottom of all openings shall be no higher than one foot above grade.

(3)

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(d)

Manufactured homes. All manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are elevated to one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

All manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of the above paragraph, shall be elevated so that either:

(1)

The lowest floor of the manufactured home, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), are one foot above the base flood elevation, or

(2)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(e)

Recreational vehicles. All recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's FIRM either:

(1)

Be on the site for fewer than 180 consecutive days,

(2)

Be fully licensed and ready for highway use, or

(3)

Meet the permit requirements of section 22-576, and the elevation and anchoring requirements for "manufactured homes" in subsection (d) of this section.

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

Located within the special flood hazard area established in section 22-552, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

(1)

Residential construction. All new construction and substantial improvements of residential structures must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified). Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered Colorado professional engineer, architect, or land surveyor. Such certification shall be submitted to the floodplain administrator.

(2)

Nonresidential construction. With the exception of critical facilities, outlined in section 22-608, all new construction and substantial improvements of non-residential structures, must have the lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), elevated above the highest adjacent grade at least one foot above the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified), or together with attendant utility and sanitary facilities, be designed so that the structure is watertight to at least one foot above the base flood level with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. A registered Colorado professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 22-576, are satisfied.

(3)

Within zones AH or AO, adequate drainage paths around structures on slopes are required to guide flood waters around and away from proposed structures.

Floodways are administrative limits and tools used to regulate existing and future floodplain development. The State of Colorado has adopted floodway standards that are more stringent than the FEMA minimum standard (see definition of floodway in section 22-550). Located within special flood hazard area established in section 22-552, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

(1)

Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a licensed Colorado professional engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a No-Rise Certification) in flood levels within the community during the occurrence of the base flood discharge.

(2)

If subsection (a) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of division 3.

(3)

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a CLOMR and floodway revision through FEMA.

For all proposed developments that alter a watercourse within a special flood hazard area, the following standards apply:

(1)

Channelization and flow diversion projects shall appropriately consider issues of sediment transport, erosion, deposition, and channel migration and properly mitigate potential problems through the project as well as upstream and downstream of any improvement activity. A detailed analysis of sediment transport and overall channel stability should be considered, when appropriate, to assist in determining the most appropriate design.

(2)

Channelization and flow diversion projects shall evaluate the residual 100-year floodplain.

(3)

Any channelization or other stream alteration activity proposed by a project proponent must be evaluated for its impact on the regulatory floodplain and be in compliance with all applicable federal, state and local floodplain rules, regulations and ordinances.

(4)

Any stream alteration activity shall be designed and sealed by a registered Colorado professional engineer or certified professional hydrologist.

(5)

All activities within the regulatory floodplain shall meet all applicable federal, state and Town of Kersey floodplain requirements and regulations.

(6)

Within the regulatory floodway, stream alteration activities shall not be constructed unless the project proponent demonstrates through a floodway analysis and report, sealed by a registered Colorado professional engineer, that there is not more than a 0.00-foot rise in the proposed conditions compared to existing conditions floodway resulting from the project, otherwise known as a no-rise certification, unless the community first applies for a CLOMR and floodway revision in accordance with section 22-603 of this division.

(7)

Maintenance shall be required for any altered or relocated portions of watercourses so that the flood-carrying capacity is not diminished.

A floodplain development permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA letter of map revision based on fill (LOMR-F), unless such new structure or addition complies with the following:

(1)

Residential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the placement of fill.

(2)

Nonresidential construction. The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the base flood elevation that existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(a)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood-prone area, the proposal shall minimize flood damage.

(b)

All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet floodplain development permit requirements of sections 22-553, 22-576; and the provisions of Division III.

(c)

Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to section 22-552 or section 22-575 of this Division.

(d)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(e)

All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

A critical facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood.

(1)

Classification of critical facilities. It is the responsibility of the town board to identify and confirm that specific structures in their community meet the following criteria: Critical facilities are classified under the following categories: (a) essential services; (b) hazardous materials; (c) at-risk populations; and (d) vital to restoring normal services.

a.

Essential services facilities include public safety, emergency response, emergency medical, designated emergency shelters, communications, public utility plant facilities, and transportation lifelines. These facilities consist of:

1.

Public safety (police stations, fire and rescue stations, emergency vehicle and equipment storage, and emergency operation centers);

2.

Emergency medical (hospitals, ambulance service centers, urgent care centers having emergency treatment functions, and non-ambulatory surgical structures but excluding clinics, doctors' offices, and non-urgent care medical structures that do not provide these functions);

3.

Designated emergency shelters;

4.

Communications (main hubs for telephone, broadcasting equipment for cable systems, satellite dish systems, cellular systems, television, radio, and other emergency warning systems, but excluding towers, poles, lines, cables, and conduits);

5.

Public utility plant facilities for generation and distribution (hubs, treatment plants, substations and pumping stations for water, power and gas, but not including towers, poles, power lines, buried pipelines, transmission lines, distribution lines, and service lines); and

6.

Air transportation lifelines (airports (municipal and larger), helicopter pads and structures serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers, and emergency equipment aircraft hangars).

Specific exemptions to this category include wastewater treatment plants (WWTP), non-potable water treatment and distribution systems, and hydroelectric power generating plants and related appurtenances.

Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the town board that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100-year floodplain or are compliant with the provisions of this Division, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Board of Trustees on an as-needed basis upon request.

b.

Hazardous materials facilities include facilities that produce or store highly volatile, flammable, explosive, toxic and/or water-reactive materials. These facilities may include:

1.

Chemical and pharmaceutical plants (chemical plant, pharmaceutical manufacturing);

2.

Laboratories containing highly volatile, flammable, explosive, toxic and/or water-reactive materials;

3.

Refineries;

4.

Hazardous waste storage and disposal sites; and

5.

Above ground gasoline or propane storage or sales centers.

Facilities shall be determined to be critical facilities if they produce or store materials in excess of threshold limits. If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the workplace, AND the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical, then that facility shall be considered to be a critical facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation, Reportable Quantities, and Notification," 40 C.F.R. § 302 (2010) and OSHA regulation "Occupational Safety and Health Standards," 29 C.F.R. § 1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation this Division, but exclude later amendments to or editions of the regulations

Specific exemptions to this category include:

1.

Finished consumer products within retail centers and households containing hazardous materials intended for household use, and agricultural products intended for agricultural use.

2.

Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public.

3.

Pharmaceutical sales, use, storage, and distribution centers that do not manufacture pharmaceutical products.

4.

These exemptions shall not apply to buildings or other structures that also function as critical facilities under another category outlined in this Division.

c.

At-risk population facilities include medical care, congregate care, and schools. These facilities consist of:

1.

Elder care (nursing homes);

2.

Congregate care serving 12 or more individuals (day care and assisted living);

3.

Public and private schools (pre-schools, K-12 schools), before-school and after-school care serving 12 or more children);

d.

Facilities vital to restoring normal services including government operations. These facilities consist of:

1.

Essential government operations (public records, courts, jails, building permitting and inspection services, community administration and management, maintenance and equipment centers);

2.

Essential structures for public colleges and universities (dormitories, offices, and classrooms only).

3.

These facilities may be exempted if it is demonstrated to the Board of Trustees that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 100-year floodplain or are compliant with this Division, and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the Board of Trustees on an as-needed basis upon request.

(2)

Protection for critical facilities. All new and substantially improved critical facilities and new additions to critical facilities located within the special flood hazard area shall be regulated to a higher standard than structures not determined to be critical facilities. for the purposes of this Division, protection shall include one of the following:

a.

Location outside the special flood hazard area; or

b.

Elevation of the lowest floor or floodproofing of the structure, together with attendant utility and sanitary facilities, to at least two feet above the base flood elevation.

(3)

Ingress and egress for new critical facilities. New critical facilities shall, when practicable as determined by the TOWN BOARD, have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a 100-year flood event.