This title shall be known as the "land development code of the Town of Monument, Colorado," "this code," or "this title," and may be so pleaded and cited.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

This title is authorized by the Colorado Revised Statutes, as amended, including, without limitation, C.R.S. 31-23-101 et seq, 29-20-101 et seq, 24-67-101, et seq and 24-65.1-101, et seq.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

This title shall apply to all land located in the Town and all land in the process of annexation into the Town, as well as with respect to a major street plan only: all land within three miles of the Town boundaries.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The purpose of this title is to promote the health, safety, convenience, order, prosperity, aesthetics, environmental quality, and general welfare of the present and future inhabitants of Monument, Colorado. This title is designed, intended and should be administered in a manner to:

1.

Implement the Town's comprehensive plan, and in particular the following vision statements from that plan:

a.

New development should add to, not detract from the quality of life and natural features cherished by citizens;

b.

Provide the residents of Monument with adequate and cost-effective public facilities and community services by coordinating and consolidating the delivery of services, particularly water and sewer; and

c.

Continue to develop and maintain a park and open space system that is linked together by a series of trails and sidewalks.

d.

Maintain a balance between developed lands and natural amenities throughout the Tri-Lakes area.

e.

Continue revitalization efforts in the downtown area by promoting more community gathering places, events, and a broader mix of uses that will ensure that downtown continues to serve as the heart of the community; a place for eating, entertainment, specialty retail, and live/work housing.

2.

Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of appropriate tracts;

3.

Provide for adequate, safe and efficient public utilities, transportation, and pedestrian circulation and improvements; and to provide for other general community facilities and public places;

4.

Provide for light, air, parks, open space, and other spaces for public use;

5.

Provide for protection from fire, flood, geologic hazards and other dangers; and to provide for proper design of stormwater drainage and streets;

6.

Provide that the cost of improvements which benefit the tract of land being developed be borne by the owners/developers of the tract, and the costs of improvements which benefit the entire community be borne by the entire community;

7.

Provide for the preservation and conservation of unique or distinctive natural areas, scenic areas and views, natural landmarks, including rock outcroppings, significant wildlife habitats and migration areas, drainage areas, riparian areas, wetlands, historic features and archaeologically sensitive sites, recognizing the irreplaceable character of such resources and the importance to the quality of life in Monument;

8.

Provide for the preservation and conservation of significant stands of native vegetation;

9.

Ensure adequate access is provided for all development.

10.

Promote the general health, safety, and welfare of the present and future inhabitants of Monument.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

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

1.

Provisions are Minimum Requirements. In their interpretation and application, the provisions of this title shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, morals, convenience, prosperity and welfare. This title shall be regarded as remedial and shall be liberally construed to further its underlying purposes.

2.

Application of Overlapping Regulations. Whenever both a provision of this title and any other provisions of this title or any provision of any other law, ordinance, resolution, rule or regulation of the Town contains restrictions covering any of the same subject matter, whichever provisions are more restrictive or impose higher standards or requirements shall govern.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Any development application initiated on and after July 16th, 2021, shall be reviewed pursuant to the review process and standards set for this this title, as adopted by Ordinance 25, Series 2021. All development applications submitted for review prior to July 16th, 2021, shall be reviewed pursuant to the regulations in applicable portions of former Monument Municipal Code Titles 16 and 17 in force prior to that date. Such prior regulations are continued in force and effect for that limited purpose only. Upon approval or denial of all such remaining applications, the prior regulations shall be deemed repealed. In no event shall any resubmission of an application after its rejection, or any development application filed after the effective date of this title, be reviewed under any such prior regulations.

B.

On the effective date of the enactment of this title (July 16th, 2021), there exist with the Town numerous preliminary and final development approvals of various types, including rezoning approvals, subdivision, planned development approvals, conditional and use by special review approvals, and issued building permits. Each of said approvals shall be subject to the requirements of this title, provided, however, that for the purpose of measuring the time of expiration of such approvals, each such approval shall be deemed to have been issued on the effective date of this title (July 16th, 2021). A preexisting use by special review approval shall be considered an approved conditional use under Section 18.03.320, complete with all of the rights, benefits, and limitations as originally issued. It is the intent of this title that such preexisting approvals, issued prior to the effective date of this title, not be deprived of the full benefit of the periods of time granted prior to expiration, all as provided herein.

C.

Existing Permits. This title is not intended and shall not abrogate or annul any permits issued or agreements made before the effective date of this title.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

It is declared to be the intention of the Board of Trustees of the Town that the sentences, clauses and phrases of this title are severable and if any sentence, clause or phrase of this title be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this title since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

It is a misdemeanor for any person to violate any of the provisions stated or adopted in this title. Each day that a violation of this title continues shall constitute a separate and distinct offense. Notwithstanding any provision of the code to the contrary, punishment upon conviction is limited to fines and court costs, no imprisonment shall be imposed.

B.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure, or land is used in violation of this title, the Town in addition to other remedies may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land, and or to prevent any illegal act, conduct, business or use in or about such premises.

C.

All departments, officials, and public employees of the Town vested with the duty or authority to issue permits shall conform to the conditions of this title and shall issue no permit, certificate or license for any purposes in conflict with its provisions. Any permit, certificate or license so issued shall be null and void.

D.

Once a construction permit has been issued, it is unlawful for the subject property to be occupied or otherwise used unless and until a certificate of occupancy has been issued by the Pikes Peak Regional Building Department.

E.

The Director or other duly appointed Town officer shall be charged with the responsibility of enforcing the provisions of this title. The Town's engineering inspector shall be authorized to make inspections on both public and private property to assure conformance to approved plans and approved Town standards, to review complaints, and to perform such other tasks necessary to ensure compliance with the provisions of this title.

F.

In the event there is a violation of this title, the Director shall be authorized to take the following steps:

1.

In the event of a material violation of an approved plan or approved Town standard during construction, the Town may order a contractor to stop work until the violation is corrected if, in its sole judgment, the Town's representative feels that continuation of the work could cause ongoing violations to continue, or could cause a concern for public health, safety, or welfare.

2.

In the event a contractor is performing any type of site development work without first obtaining a proper permit or permits from the Town and any other applicable agencies, the Town may order the contractor to stop work until proper permits are obtained.

3.

Each order to stop work shall remain in effect until all nonconforming work is corrected, or all applicable permits are obtained by the contractor, and the administrative fee required by the Town of Monument Current Fee Schedule, Section 18.01.410 is paid to the Town to cover expenses incurred in the issuance of the stop work order. Should a contractor persist in performing work in violation of approved plans or applicable Town standards, or without an applicable permit or permits, despite the issuance of a stop work order by the Town, the Town shall have the right to prosecute in the municipal court or terminate the use in the manner described below.

G.

Termination of Use. In the event there is any violation of this title which in the opinion of the Director jeopardizes the health, safety or welfare of the people, the Director may remove, restrict, terminate or otherwise prevent such violation from continuing and shall levy such costs incurred in such action against the violator or property owner.

H.

Any violation of this title may be prosecuted by any means available at law including, but not limited to, enforcement by the Town in municipal court.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

Text amendments to this title may be initiated by the Town staff, Planning Commission or the Board of Trustees. The procedure for review and adoption of an ordinance making such amendments shall be the same as for any other legislative action of the Board of Trustees. Amendments to the boundaries of zone districts (rezoning) follow the procedure identified in Section 18.01.220. Private persons may not initiate text amendments, other than via initiative under the Colorado Constitution.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

No building permit, business or occupation or license, or site plan approval shall be issued except in compliance with this title. No land shall be used or occupied, and no structure shall be designed, erected, altered, used or occupied except in conformity with all regulations established in this title and upon performance of all conditions set forth in this title.

B.

Limitations on Sales and Rentals of all Land and Structures. No person and no officer or employee thereof (either as owner or as participating principal, agent, servant or employee of such owner) shall sell, rent or lease any land or structure upon the representation, that such land or structure may be used or occupied in a manner or for a use prohibited by this title.

C.

Limitations on Municipal Agencies. No permit, certificate, license or other document the use of which may be subject to the provisions of this title, shall be issued by any department, agency or board of the Town until the use to be made of the permit, certificate, license, other document is in compliance with the provisions of this title.

D.

No person shall subdivide any tract of land which is located within the Town except in conformance with the provisions of Chapter 18.02 of this title.

E.

Construction and/or building permits shall not be issued for the construction or reconstruction of structures upon any land, or the addition to any building or structure situated on any land, or other improvements requiring a building permit, unless such land is zoned for the use proposed and if required, has been subdivided and platted in accordance with the procedures set forth in Chapter 18.02. A whole platted lot is required for compliance with this requirement.

F.

No person or related entity delinquent in the payment of any money owed to the Town, in any amount or for any purpose, including, but not limited to, any delinquent taxes, permit fees, Court fines, cost or judgments, fees, surcharges or assessments, may be granted any Town permit, other Town discretionary permission or paid any consideration from the Town, pursuant to a contractual obligation or otherwise, until payment in full has been received by the Town or other financial arrangements are made that are satisfactory to the Director.

G.

No construction permit shall be issued for construction until a site plan shall have been approved by the Town and further, until there has been compliance with all platting procedures of Chapter 18.02.

1.

The Director or designee shall have the authority in unusual circumstances to issue a grading permit prior to site plan approval including but not limited to grading needing to be accomplished in conjunction with adjacent public improvements.

2.

When such circumstances exist, the Director or designee shall clearly note the unusual circumstances justifying the issuance of the grading permit prior to site plan approval. Certificates of occupancy shall not be issued for any structure until all required landscaping, Town-required private improvements, and other amenities related to the structure are completed or appropriate sureties have been filed with the Town to assure their completion.

H.

When the Town Code, policies, or other regulations do not contain specific information regarding details or standards, the current versions of the following regulations and/or standards shall apply:

1.

City of Colorado Springs Engineering Division Standard Specifications.

2.

City of Colorado Springs and El Paso County Drainage Criteria Manual—Volumes I & II.

3.

State of Colorado Department of Public Health and Environment.

4.

National Pollutant Discharge Elimination System (NPDES).

5.

Town of Monument Water Utility Policies and Standards.

6.

Town of Monument Roadway Design and Technical Criteria Manual.

7.

Town of Monument Sanitary Sewer Collection System Specifications.

8.

Triview Metropolitan District Design Criteria and Construction Specification Manual for Residential Development.

Note: Within the Triview Metropolitan District, where a conflict exists between Triview standards and Town standards, the more stringent shall apply.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Except as otherwise specified, any property owner may apply for approval of land development pursuant to this title.

B.

Complete applications must be submitted at the point of initiation of the land development review process. A separate application is required for each phase of a subdivision or planned unit development. The application shall include all of the items identified in the checklist for the type of approval sought. Incomplete applications will not be scheduled for review until a determination of completeness is issued.

C.

The number of copies of the required application and associated requirements are shown on the checklist for the type of approval sought. All maps and reports shall bear suitable evidence of the professional qualifications of the person responsible for the preparation of the map or report. Engineering information must be certified by a professional engineer licensed in the state of Colorado. All required documents containing land survey descriptions and topographic maps must be certified by a professional land surveyor licensed in the state of Colorado.

D.

Except as otherwise set forth in this title for administrative review, land use applications are reviewed by both the Planning Commission and the Board of Trustees, as shown on the Review Procedures Chart (Table 1.1), below. The Planning Commission reviews an application and makes a recommendation to the Board of Trustees, unless the Commission is the final review body, all as shown on Table 1.1.

E.

The Planning Commission and Board of Trustees shall consider all the evidence presented by the applicant and other interested parties, comments of review agencies, recommendations of the Town staff, and comments from the public.

F.

The Planning Commission shall complete its review and make its recommendation to the Board of Trustees no later than thirty (30) days from the date of the initial Commission meeting or hearing. The Planning Commission may recommend approval, conditional approval or denial, indicating any particular conditions for approval, and its reasons for a recommendation of denial.

G.

The Board of Trustees shall act upon the application within forty-five (45) days of the date of the Planning Commission action. The Board of Trustees may approve, approve with conditions, or deny an application. Conditions may be imposed on length of permit approval or other aspects of the activity designed to ensure compatibility with the standards of this title and any policies or other adopted standards of the Town.

H.

For those applications for which the Director has authority to review and render an administrative decision, the Director shall approve, approve with conditions, or deny the application within thirty (30) days of determination that the application is complete.

I.

In the event the Planning Commission or other board, commission or Town staff with authority recommends denial of an application at any stage, the applicant may choose to proceed to the next stage of review or may resubmit the application at the first stage. In the event the review stage is before the Board of Trustees, the application may not be further processed following a denial. If, in the opinion of the Director, a submittal at any stage of review is incomplete, the matter shall be removed from the agenda and not further processed until determined complete in accordance with submittal requirements.

J.

The Director, Planning Commission and the Board of Trustees may conduct, or require the applicant to conduct, such investigations, examinations, tests and site evaluations as they deem necessary to verify any information contained in the application. The applicant shall grant the Town permission to enter upon the land for these purposes. The applicant shall pay the Town for the cost of any such investigations, examinations or evaluations.

K.

The Planning Commission, Board of Trustees or Director may require, prior to or as part of any development review, that the applicant permit a site visit. In the event a site visit is required, the applicant shall provide access to the property sufficient to accommodate the needs of the site visit and shall, upon request by the Director, stake, flag or otherwise identify on or above the ground features of the property or the proposed development (for example, wetland boundaries, proposed building envelopes and heights, road alignments).

L.

At any stage of review, the Planning Commission, Board of Trustees or Director may require at the applicant's expense the submission of any plan, study, survey or other information, in addition to that specified in this title, as such body or individual may determine necessary to enable it to review and act upon the application or in order to determine whether the application complies with the requirements of this title.

M.

All applicants shall, as a condition of review of their application, pay the required fees and costs as set forth in the Town of Monument Fee Schedule. Failure to pay fees or costs shall result in termination of review of the application.

N.

All "land development," as defined at Section 18.07.110, must be reviewed and approved in accordance with the review process and standards set forth in this article. Table 1.1, the Review Procedures Chart at Section 18.01.210, establishes the required review steps applicable to different forms of approval. Applicants should refer to the chart to determine which one or more "Approval Requested" under the left-hand column of the chart applies to their proposed development. The required stages of review for each approval are shown on the lines to the right. The specific review process for each stage are set out in detail in the balance of this Article under the appropriate headings. Unless otherwise indicated, amendment or modification of a prior approval follows the procedure for review of the original application.

_____

O.

The following chart describes the review process for all land use approvals:

¹ If required by Town staff during preapplication

² If not part of a plat approval or amendment; ordinance required.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023; Ord. No. 18-2023, § 2(Exh. A), 9-5-2023)

_____

For each land development approval requested, and for subdivision and Planned Development, in each step of the process, when required by Section 18.01.220, Table 1.1, the applicant shall attend a pre-application conference with Town staff in order to:

1.

Become acquainted with the Town's development procedures and requirements.

2.

Become familiar with the approval criteria for the application including conformance with Town's Comprehensive Plan and other long-range plans and policies and receive feedback from Town staff on any significant issues with the application.

3.

The applicant shall bring plans and drawings to the preapplication conference in order to adequately present the proposed land use application. The preapplication conference is intended to allow the mutual exchange of information and development concepts. Topics of discussion may include, but not be limited to:

a.

Characteristics of the site and surrounding area, including its location; significant natural and artificial features with particular attention to natural hazard, resource or other special areas; the size and accessibility of the site surrounding development and land use and existing zoning.

b.

The nature of the development proposed, including land uses and their densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of common open space or treatment of public use areas and internal circulation system, including trails and bicycle paths; the total ground coverage of paved areas and structures; and water and sewage treatment system proposed.

c.

Community policy considerations, including degree of conformity of the proposed development with the Comprehensive Plan and the nature of the information, technical analysis, reports and certifications which are likely to be required of the applicant.

d.

Any of the required submission requirements contained herein that may be considered inappropriate or not applicable to the proposal in question.

e.

The stages of review and submittal requirements for the proposal.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The Director will review the application for completeness. If the application is incomplete, the applicant will be notified of the information needed to complete the application.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

When submittals are deemed complete by the Director, Town staff shall transmit copies of the application, plans, and appropriate supporting documents to appropriate Town departments and outside utilities, service providers and agencies for review and recommendations as determined necessary by the Director. A list of all appropriate referral agencies shall be maintained by the Planning Department.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Purpose. The purpose of this section is to provide procedures for public notice. Public notice serves to inform vicinity property owners, neighborhoods, homeowner's associations, and the community of pending development projects, and the date, time and place of public hearings regarding development projects. It is in the Town's and applicant's interest to seek and encourage citizen input regarding development projects and to identify possible impacts and mitigation as deemed necessary. Consistent application of public notice requirements fosters trust and reliability in the review process. This section establishes uniform standards for public notice requirements.

B.

All notices shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration, by both address and legal description.

C.

The requirements of this section apply only to public hearings required by this title as shown on the Review Procedures Chart, Section 18.01.220, Table 1.1. Where that chart indicates that a public meeting (in contrast to a public hearing) is required, this section does not apply, and notice of such meeting is subject only to the requirements of the Colorado Open Meetings law, C.R.S. § 24-6-401, et seq. The requirements for public notice are shown below on Table 1.2.

D.

Published Notice. Notice shall be published in accordance with Section 1.16.110 of the Monument Municipal Code.

E.

Posted Notice. At least fifteen (15) days prior to any public hearing which requires posted notice, the Director shall cause to be prepared, and the applicant shall post signs upon the parcel under consideration which provide notice in the manner set forth in Subsection (B) above. The signs shall be of a size and form prescribed by the Director and shall consist of at least one sign facing, and reasonably visible and legible from, each adjacent public right-of-way. The fact that a parcel was not continuously posted the full period shall not at the sole discretion of the hearing authority constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made.

F.

Mailed Notice. Two (2) mailed notices shall be required. A minimum of five (5) days prior to the submission of any application and again at least fifteen (15) days prior to any public hearing which requires notification by mail, the Director shall cause to be sent, by first class U.S. mail, a notice to:

1.

Owners of property abutting the subject property within five hundred (500) feet, or which is separated from the subject property only by a public right-of-way, railroad right-of-way or water course.

2.

The notice shall be directed to the affected property owners as their names and mailing addresses appear in the official records of the El Paso County Assessor as of the date the records were reviewed. If required by the Director, a written notification shall also be mailed to vicinity neighborhoods or homeowner's associations. It shall be the responsibility of the applicant or the applicant's representative to file an affidavit of mailing with the Planning Department at least five days prior to the hearing date, which affidavit shall set forth the date upon which the Assessor's records were reviewed as well as the date of mailing. The date upon which the records were reviewed shall be no more than thirty (30) days prior to the date of the first public hearing specified in the notice.

3.

Owners of property included within the application. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing and shall not be regarded as constituting inadequate notice.

G.

Neighborhood Meetings. An additional method of notice may be to provide neighborhood meetings to discuss proposed development projects. The purpose of a neighborhood meeting is to allow neighborhood residents to communicate directly with the Town and the applicant regarding any issues, concerns or comments that they might have regarding the proposed development project. Neighborhood meetings shall be scheduled at the discretion of the Director of Planning. The applicant shall provide a place, date and a time of the neighborhood meeting. A representative of the Planning Department shall be present at the neighborhood meeting to gather information regarding the neighborhood concerns and issues that affect the applicant and the development proposal and also to answer any potential questions regarding the Town's planning procedures, Comprehensive Plan, and Land Development Code.

H.

E-Mail Notification. An optional method of public notice is to provide e-mail notifications. E-mail notifications shall not be required but may be used only to facilitate quick and direct communication to affected property owners, neighborhoods and homeowners' associations. E-mailed notice may be used at the discretion of the Director deemed appropriate but shall not take the place of any required notifications.

I.

Combining Notifications. Whenever hearings before both the Planning Commission and the Board of Trustees are required for the same matter, the public notice required for each may be combined into one notice for purposes of publication, posting and mailing. Mailing, posting and/or publication, as required, must be done at least fifteen (15) days prior to the date on which the earlier of the two hearings is to be held.

J.

Calculating Days. When calculating the time period for mailing, posting, or publishing a public notice, the day of publication or mailing shall be counted in the total number of days required for the notification period, but the day of the hearing shall not be counted toward the total number of days required.

K.

Public Notice Requirements Chart. Table 1.2 identifies when public notice is required, either by publishing, posting, or mailing.

Note: The applicant is responsible for any required notice to mineral estate owners under C.R.S. 24-65.5-101, et seq.

* Conditional use site plan amendments eligible for administrative approval under Section 18.01.220 do not require public notice.

** For legislative rezoning, Section 18.03.140.F.3 controls.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 11-2022, § 1(Exh. 1), 7-18-2022; Ord. No. 21-2024, § 2(Exh. A), 9-16-2024)

_____

The Board of Trustees, Planning Commission, Board of Adjustment and Director shall maintain a record of their proceedings in the form of minutes, resolutions, ordinances, and memoranda of decision, as appropriate. The record shall include comments of the reviewing agencies as well as the recommendation of the Planning Commission for applications finally decided by the Board of Trustees.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Land use approvals shall be valid for the following periods from the date of approval unless otherwise stated in the record of decision:

1.

Sketch plan subdivision: Two years.

2.

Preliminary plat subdivision: Two years.

3.

Final plat subdivision: no expiration provided plat is recorded within three months of approval, or six months if a timely request for extension if made within three months.

4.

Preliminary PUD (formerly, "PD"): Twelve (12) months.

5.

Final PUD (formerly "PD"): no expiration provided plat is recorded within three months of approval, or six months if a timely request for extension if made within three months.

6.

Conditional use: No expiration.

7.

Site plan: Three years.

8.

Rezoning: No expiration.

9.

Variance: One year.

10.

Appeal: Forty-five (45) days from decision being appealed.

11.

Vested right: Three years, unless enlarged by final approval.

B.

Plats or Agreements—Deemed Withdrawn. Any development plan, plat or agreement submitted to the Town which has not obtained final Town approval, as defined in this title, within twelve (12) calendar months of submittal of the initial application, shall be deemed to have been withdrawn and a new application shall be required including payment of any associated fees in order for the plan, plat or agreement to be considered. Such new plan, plat or agreement shall be a new application for all intents and purposes and shall be subject to the same review process as any other new application.

C.

Recording. Any final plat, PUD or agreement shall satisfy any conditions of approval, and be recorded with the County Clerk and Recorder, if applicable, within three months of the date of approval. The applicant may make a request to the Town staff for an extension of time prior to the expiration of the three-month recordation period. No extension shall exceed six months.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022)

Article 68 of Title 24, C.R.S. authorizes the creation and protection of vested property rights in certain "site-specific development plans" as the same are designated by the local government (the "Vesting Statute"). This chapter is intended to define the terms and conditions by which vested property rights are created, consistent with such statutory authorization and this code. Unless the context clearly indicates to the contrary, the use in this chapter of any term defined in the Vesting Statute shall have the meaning indicated therein.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The following constitutes a site-specific development plan within the meaning of C.R.S. § 24-68-102(4):

1.

Approved final PUD.

2.

Approved conditional use site plan.

3.

Approved final subdivision plat.

4.

An approval of a final subdivision plat within an area subject to a vested preliminary PUD shall vest such subdivision plat for the period authorized by Section 18.01.280. The vesting under the development agreement as to such property finally platted shall lapse with the plat vesting.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022)

A site-specific development plan approved by the Board of Trustees in accordance with the provisions of this chapter shall vest in the landowner for the period authorized under Section 18.01.330, the right to undertake and complete the development and use of property subject to such plan in accordance with the terms and conditions of the site-specific development plan. Irrespective of the form of approval of the site-specific development, the affirmative ordinance, resolution or motion shall constitute a legislative action subject to referendum in accordance with C.R.S. § 24-68-103(c).

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The conditional approval of a site-specific development plan shall result in the establishment of vested property rights under such plan, but failure to fulfill or abide by the terms and conditions of the conditional approval shall result in the lapse of the vested property rights. Such lapse shall occur by operation of law, without notice of hearing.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

Unless otherwise agreed in writing by the Town and the landowner, a vested property right shall be deemed established pursuant to a site-specific development plan only upon the occurrence of the following events:

1.

The adoption by ordinance, approving or conditionally approving a final subdivision plat.

2.

In the event amendments to a site-specific development plan are proposed and approved, property rights under such amendments shall be deemed to have vested on the effective date of the original site-specific development plan.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A property right which has been vested pursuant to this chapter shall remain vested for a period of three years, unless the Town and the landowner enter into an agreement which provides that property rights under a site-specific development plan are vested for a period exceeding three years, as further authorized in Section 18.01.335.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

Pursuant to the development agreement with the landowner, the vesting period for a site-specific development plan consisting of a final PUD may be extended beyond three years where the Board of Trustees finds that such vesting period is justified due to the size and scale of the development, the length of the usual development and market cycle, the manner of the recovery of the landowner's capital investment over the development cycle, and other relevant circumstances. The Board of Trustees may further authorize the lapse of the vesting period otherwise granted under such development agreement, unless initial development within the site-specific development plan commences within a defined period.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

Every document which constitutes a site-specific development plan shall contain the following language:

"This plan constitutes a site-specific development plan pursuant to Title 18, Chapter 18.01, Article 3 of the Monument Municipal Code and 24-68-101, et seq., C.R.S., and establishes vested property rights, for three (3) years from its effective date, to undertake and complete the development and use of the property in accordance with this plan."

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

Unless approved as part of a site-specific development plan and compliance with the procedural provisions of this chapter is made, the zoning or subdivision of a property shall not constitute a site-specific development plan and shall not result in the creation of vested property rights.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Notice of the proposed vesting of property rights under this chapter shall be given by inclusion of the following language in the notice of ordinance consideration required under this code.

B.

The ordinance includes a provision by which vested property rights will be created in the real property subject to this ordinance, pursuant to the provisions of Title 18, Chapter 18.01, Article 3 of the Monument Municipal Code and Article 68 of Title 24, Colorado Revised Statutes.

C.

Within fourteen (14) days after the approval of a site-specific development plan, the Town shall publish notice in the official newspaper of the Town, at the Applicant's expense, advising the public of the approval of the site-specific development plan, of the creation of a vested property right under the site-specific development plan, and of the effective date of the Town's motion, resolution or ordinance approving the site-specific development plan. The period of time permitted under law for referendum and judicial review shall not commence to run until such publication; however, the failure to timely publish shall not otherwise void the approval or the validity of the site-specific development plan. Such publication may be considered within any other notice of publication required under the code for land use approval of the site-specific development plan.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The establishment of vested property rights shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by a local government, including, but not limited to, building, fire, plumbing, electrical and mechanical codes.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The Town reserves the right to undertake land use regulation of the site-specific development plan in contravention of such plan; provided, that the compensation required under C.R.S. § 24-68-105(1)(c), is paid to the landowner. The adoption of this Article 3 is not intended, and shall not be construed, to enlarge the right of the landowner or the obligation of the Town beyond payment of the required compensation under that statute.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The fees noted in the latest version of the Town of Monument Current Fee Schedule, as adopted by resolution and as amended from time to time, are designed to cover anticipated costs incurred by the Town in the review and processing of site development permits and infrastructure observation and inspection.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The Director may establish such policies of the Planning Department as are reasonably aimed at implementing the general intent of this title and may amend the same from time to time as conditions in the Town may warrant.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

The fees due and payable to the Town are set forth in the latest version of the Town of Monument Current Fee Schedule.

B.

Fees shall be remitted for the review of engineering plans at the time of submittal. Fees shall be established by the Town by resolution of the Board of Trustees as set forth in the Town of Monument Current Fee Schedule.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

All fees paid are nonrefundable. The fees indicated in this fee structure shall be paid by all applicants with the exception of the Town departments or agencies. The Board of Trustees shall determine any exceptions on a case-by-case basis, upon written request of the applicant and upon recommendation of the Director. The applicant is required to pay those fees assessed by referral agencies required to review the project prior to any public hearings. Under no circumstances will any land use application be receipted for processing without an appropriate fee or fees being paid when required.

B.

A permit shall not be valid until the required fees have been paid. Payment is due within ten (10) days of the date of the invoice and if not paid within thirty (30) days, payment shall be considered to be past due.

C.

The Director may waive the permit or inspection fee for any public or private entity when such entity is applying for a permit for a governmental use or a proprietary purpose.

D.

The Director may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

E.

The Director may authorize the refunding of not more than fifty (50) percent of the permit free paid when no work has been done under a permit issued in accordance with this chapter.

F.

The Director shall not authorize the refunding of any fee paid except upon written application filed by the original applicant or permittee no later than sixty (60) days after the date of the fee payment.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Applicants submitting a land development application shall pay all Town fees and costs, in addition to the application fee, associated with Town review and processing of such application, as shown in the Town of Monument Fee Schedule. In addition, there shall be a pass-through of actual costs including, but not limited to, consultant's fees, attorneys' fees, advertising, and postage. Fees shall be paid at the time of application. In order to fund these costs, the applicant shall submit a cash retainer in the amount set forth in the Fee Schedule. The Town's expenses for processing the application shall be paid from the retainer. If additional retainer funds are necessary, the Director is authorized to request additional funds. Payment of the additional retainer funds is due within ten (10) days of the date of the invoice and if not paid within thirty (30) days, payment shall be considered to be past due. Such property owners shall also pay interest on any past due unpaid balance at the rate of one and one-half percent per month or eighteen (18) percent per annum in addition to all costs of collection, including reasonable attorney fees and costs. All application fees and resubmittal fees are due at the time of application or resubmittal. Town staff will not process, or continue to process, an application until all required fees have been paid. Payment of the application fee and other fees identified above shall not relieve the applicant from paying any other fee imposed by the Town.

B.

All fees and costs assessed in accordance with this section shall be a lien against the property described in the land development application in the several amounts assessed from the due date of each assessment. Such lien shall have priority over all other liens except general tax liens, prior assessment liens and certain liens in favor of the United States of America.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Any person who commences any work on a site, including, but not limited to, work related to site preparation and grading, storm drainage, potable water distribution systems, sanitary sewer collection and transmission systems, pavement, curbing and sidewalk, irrigation, landscaping, tree removal, and/or work within the Town right-of-way, before obtaining the necessary permit(s) shall be subject to an additional fee equal to the permit fee.

B.

Whenever any work for which a permit is required by this title has been commenced without first obtaining such permit, a special investigation by the Planning Department shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required in the latest version of the Town of Monument Current Fee Schedule. The minimum investigation fee shall be the same as the minimum fee for the permit itself. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Town Code, nor from any penalty prescribed by law.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The payment of any fee(s) authorized in the latest version of the Town of Monument Current Fee Schedule shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A Board of Adjustment consisting of five members is established, appointed by the Board of Trustees. The Board shall include one member from the Planning Commission and one member from the Board of Trustees. Until otherwise provided, the members of the Board shall serve without compensation. Each member shall serve for a period of three years. Any member of the Board may be removed for cause by the Board of Trustees upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term in the same manner as original appointments. Up to two alternate members may be appointed to take the place of any member who may be temporarily unable to act. The members of the Board of Adjustment shall select their own chairperson. The Board shall adopt such rules and regulations necessary to carry into effect the provisions of this article. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The Board of Adjustment shall have the following powers and duties all of which shall be exercised, subject to the laws of the state and subject to appropriate conditions and safeguards, in harmony with the purpose and intent of this title, the policies of the Board of Trustees, and in accordance with the public interest and the most appropriate development of the neighborhood:

1.

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of this title;

2.

To hear and decide appeals when there is a question regarding the interpretation of the official zoning map or a question regarding the interpretation of the zoning provisions of this title; and

3.

Where by reason of exceptional shape or topography of a lot, or other exceptional situation or condition of the building or land, practical difficulty or unnecessary hardship would result to the owners of the property from a strict enforcement of this title the Board may authorize, upon appeal in specific cases, exceptions to the:

a.

Minimum area or width of lot,

b.

Maximum height of buildings,

c.

Minimum front, side, or rear yards,

d.

Minimum off-street parking requirements,

e.

Minimum landscape, fencing, or sign requirements.

4.

In no event shall the Board of Adjustment be authorized to make determinations as to allowed uses within any zone district which would in any way constitute rezoning, reversal, or modification of any zoning action or ordinance.

5.

The Board of Adjustment's final decision is reviewable pursuant to C.R.C.P. 106(a)(4).

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

All administrative appeals and variance requests shall be filed with the Board of Adjustment no less than thirty (30) days following the decision being appealed, on forms provided by the Director.

B.

Applications shall be upon the forms provided by the Planning Department and must include, among other requirements, a statement of the basis of the appeal, or in the case of variance applications, the practical difficulty or unnecessary hardship, an improvement survey and a description of present and intended uses thereon.

C.

The Board of Adjustment shall hold a public hearing on all applications. The applicant shall comply with the notice requirements of Section 18.01.230. All actions and decisions of the Board shall be taken by the affirmative vote of a majority of a quorum present.

D.

Before any appeal or variance is granted or denied, the Board of Adjustment shall include a written finding in its minutes as part of the record stating specifically reason(s) for granting the appeal, or for variances, the exceptional conditions, the practical difficulties or unnecessary hardship involved and why there is or is not any adverse effect on public health, safety and welfare.

E.

The Board shall approve, approve with conditions, or deny the appeal or variance following the public hearing. Unless otherwise provided, any variance granted shall be personal to the applicant and nontransferable with the land.

F.

In granting a variance or appeal, the Board may attach conditions necessary to protect affected property owners and to preserve the intent of this title, including a limitation on the duration of the variance and granting a lesser variance than requested.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Appeals of administrative decision or interpretation. The Board of Adjustment's scope of review regarding an appeal of an administrative decision or interpretation shall be limited to determining whether the decision was arbitrary, capricious, or not in accordance with the intent and requirements of this title. Accordingly, the Board of Adjustment shall affirm or reverse the decision of the administrative official consistent with the Board's decision.

B.

Variance review criteria. The applicant or proponent of any variance carries the burden of proving that the granting of the variance or appeal is justified by reasons which are substantial, serious and compelling, and must be prepared to satisfy the Board that, to the extent applicable, the following criteria are met:

1.

That owing to exceptional circumstances, literal enforcement of the provisions of this title would result in unnecessary hardship;

2.

The specific conditions in detail which are unique to the applicant's land and do not exist on other land in the same zone;

3.

The manner in which the strict application of the provisions of the regulation would deprive the applicant of a reasonable use of the land in the manner equivalent to the use permitted other landowners in the same zone;

4.

That the unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of the regulation from which relief is requested;

5.

The granting of the variance will not be detrimental to the public health, safety or welfare and will not alter the essential character of the neighborhood;

6.

The applicant cannot derive a reasonable use of the property without a variance; and

7.

The variance will not be injurious to adjacent properties or improvements.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)