- Section 60: Process and Types of Approvals
60.1. Approvals Required
The use made of land may not be substantially changed; no substantial clearing, grading or excavation may be commenced; no building or other substantial structure may be constructed, erected, moved or substantially altered except in accordance with and pursuant to the approval process outlined herein. All “land uses” (lists of “uses” can be found in the Table of Uses) are required to be in conformity (have a zoning permit) with the provisions of this Title unless or otherwise considered nonconforming as outlined in this Title.
60.2. Zoning Permit
Parcels of land and uses on such lands within the jurisdictional limits of the Town of Rangely shall hold a valid and up-to-date Zoning Permit. Each Zoning Permit will outline the approval status that the particular “use(s)” have received (or is in the process of receiving). A Zoning Permit* shall be granted upon development of a new parcel and shall describe the history and use(s) of the parcel, and all interactions with the Town regarding, but not limited to, constructions, conditions, and agreements for development, change, and use.
*Town files have been updated so uses in existence before the adoption of this LUC have valid zoning permits. Parcels determined nonconforming at adoption of this Title are described as nonconforming in their zoning permits.
60.3. Types of Approvals
60.3.1. A new parcel shall receive a Zoning Permit from the Town that demonstrates the use is in conformity with the provisions of this Title through completion of approvals as required for the type of activity.
60.3.2. An existing Zoning Permit shall be updated by filing a “Notice of Activity” with the Town and fulfilling the requirements of this Title as required for the type of activity.
60.3.3. The types of activities requiring approval by the Town, depending on the circumstances as may apply, are as follows:
22.214.171.124. Subdivision of land.
126.96.36.199. Change of use (permanent or temporary).
188.8.131.52. Construction and/or expansion of a building for a new or existing use (greater than 20% and/or major structural change).
184.108.40.206. Development of land such that extensive grading, removal of material (debris, soil, rock, etc.), change of landscaping and/or new street cuts, moving or addition of utilities is to occur.
220.127.116.11. Development of land in a known hazard area such as, but not limited to, a floodplain.
60.3.4. The types of approvals that are issued by the Town shall consist of one or more of the following as may apply according to the type(s) of activity:
18.104.22.168. Plat approval and recording of the development agreements that accompany plat approval for subdivision of land.
22.214.171.124. Receipt of a Building Permit and receipt of a Certificate of Occupancy stating the conditions of the Building Code have been met;
126.96.36.199. Recording of an agreement to abide by conditions to be met representing particular design considerations (temporary or permanent);
188.8.131.52. Recording of a change in zoning;
184.108.40.206. Receipt of a Notice to Proceed providing clearance for development in areas such as, but not limited to, floodplains and wildfire hazard areas;
220.127.116.11. Recording of memorandums of agreement or understanding;
18.104.22.168. Recording of letters of intent;
22.214.171.124. Recording of other relevant development type agreements.
60.4. Process of Approval
Approval is considered an activity that has proceeded through the process described in this Code and completed as proposed. Approvals consist of several parts as are described in the following diagram:
60.5. Sequence of Completion for Types of Activities
To the extent possible, the Town will provide streamlined processes for the various types of activities requiring that a Zoning Permit be updated or issued; however, in general the order of approval shall be as follows: Is Zoning Permit in order? If not, correct situation through new zoning, Temporary Activity Certificate, etc. Does the activity involve a hazard issue? If it does, adjust plans to mitigate or deny if no possible mitigation is feasible. Is land to be subdivided into smaller or different parcels? If it is, the subdivision process has to be followed. Complexity is dependent on the number of lots. Is the land to be changed through demolition, excavation, grading, and/or addition of features such as streets, utilities, etc.? If it is, review standards to ensure plans as proposed meet specifications. Is a building or other construction feature to be built? If it is, review Building Code to ensure proposed plans meet specifications and follow Building Code process. Approval to proceed occurs after review of the Notice of Activity indicates that the development will comply with the provisions of this Code if completed as proposed and the processes of this Code can be followed. The Zoning Permit is issued or updated after the activity specified in the Notice of Activity is completed as proposed and approved to proceed. All plan(s) and Notices of Activity as are finally approved are incorporated into the Zoning Permit (including Building Permits) and except as otherwise provided in the section on “Effect of Permit on Successors and Assigns,” all development shall occur strictly in accordance with such approved plans of the Notice of Activity.
60.6. Notice of Activity
When the use of land(s)/parcel(s) change as described in this Title, it is the responsibility of the land owner to notify the Town of the change. The administrators of the Town shall determine what approvals, if any, are required and determine whether a Zoning Permit update or new issuance is required and determine what approval, if any, is required for the development. A Building Permit shall not be issued until after review by the Community Development Department (CDD). The CDD shall make the review based on the information on the Notice of Activity form. This form shall require a simple, yet clear site diagram (plan). The CDD shall only request additional information as may be required to make a determination as to whether an approval is required. If it is determined that an approval (with or without a hearing) is required, the administrators shall only request information as is deemed necessary, and process the approval as expeditiously as possible. Activity may be approved to proceed administratively if it is determined to be the following type of activity:
60.6.1. Expansion of existing use that is in compliance with this Code and has a valid Zoning Permit;
60.6.2. The use is part of what is typical and listed for the zone;
60.6.3. Temporary use that is listed in the applicable standard of this Code;
60.6.4. Only requires Building Permit and Certificate to Occupy;
60.6.5. The change of existing use to grade, excavate, demolish, mitigate hazard and construct is deemed minor and plans demonstrate conformity to the standards of this Code;
60.6.6. The use has not changed and the administrators determine that the site plan indicates no new use is being created. A new use not listed as part of the zone requires an updated and/or new Zoning Permit and therefore requires a hearing before the Planning Commission and approval by the Town Council.
60.7. Approval to Proceed
Approval to Proceed shall be issued in the name of the applicant (except that Notices of Activity submitted by an agent shall have Approval to Proceed issued in the name of the principal, shall identify the property involved, the proposed use, and shall incorporate by reference the plans submitted, and shall contain any conditions or requirements lawfully imposed by the approval-issuing authority.
- Section 61: No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled
Issuance of an Approval to Proceed authorizes the recipient to commence an activity. The Approval to Proceed allows commencement to start work toward development and/or construction, erection, movement, or substantial alteration of land and/or buildings, or other substantial structures and uses of the land. However, except as provided in the section on “Authorizing Use, Occupancy, or Sale Before Completion of Development Under Conditional-Use Permits”, and “Completing Developments in Phases”, the intended use shall not be considered in compliance, and no building shall be occupied, and in the case of subdivisions, no lots may be sold until all applicable requirements of this Title, and/or all additional requirements imposed pursuant to the issuance of a Development Agreement, or other approvals have been met.
- Section 62: Who May Submit Notices of Activity
62.1. Notices of Activity for a new or updated Zoning Permit will be accepted only from persons having the legal authority to take action in accordance with the permit. By way of illustration, in general this means that applications should be made by the owners or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Code.
62.2. The administrator may require an applicant to submit evidence of authority to submit the application in accordance with Subsection (a) whenever there appears to be a reasonable basis for questioning this authority.
- Section 63: Notices of Activity, Documents and Plans to be Complete
63.1. All Notices of Activity for approval for a new or updated Zoning Permit must be complete before the issuing authority will consider the application.
63.2. Subject to Subsection 63.3., a Notice of Activity is complete when it contains all of the information that is necessary for the issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Code.
63.3. In this LUC, detailed or technical design requirements and construction specifications relating to various types of improvements are set forth as standards and the referenced documents therein. It is not necessary that the Notice of Activity contain the type of detailed construction drawings that would be necessary to determine compliance with these references so long as the plans provide sufficient information to allow the issuing authority to evaluate the application in the light of the substantive requirements set forth in the text of this LUC. However, when this LUC requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these references, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the oversight agency (building inspector, administrators, public works etc.). Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided by this Title.
63.4. The presumption established by this LUC is that all of the information required for review, as outlined in forms provided by the administrators, is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the permit-issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the Planning Commission or Town Council, the applicant may rely in the first instance on the recommendations of the administrators as to whether more or less information than that set forth in their Notice of Activity must be submitted.
63.5. The administrators shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the Notice of Activity requirements and the form and type of information that must be submitted. In cases where a minimal amount of information is necessary to enable the administrators to determine compliance with this LUC, such as for a minor subdivision, the administrators shall develop standard forms that will expedite the submission of the necessary plans and other required information.
- Section 64: Staff Consultation before Formal Notice of Activity Submitted
To minimize development-planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this LUC, pre-application consultation between the developer and the planning staff is encouraged.
- Section 65: Staff Consultation after Notice of Activity Submitted
Upon receipt of a formal Notice of Activity, the administrators shall review the information and confer with the applicant to ensure that they understand the planning staff's interpretation of the applicable requirements of this LUC and that they have submitted all of the information that they intend to submit, and that the application represents precisely and completely what they propose to do and that the administrators understand the applicant’s intent.
- Section 66: Conformity Determination
Approvals are issued provided a use can conform to the standards of this LUC and any specific requirements as might be required. All approvals, certificates and stop orders required by this LUC shall be issued by the Town Manager or his duly authorized designee, who shall be the administrative and enforcing officer of the provisions of this LUC and shall carry the authority to make all decisions and investigations necessary to properly carry out the provisions of this LUC. No required approval or order shall be issued if in the Town Manager’s judgment the requirements of this LUC have not been met. No oversight or dereliction on the part of the Town Manager or his authorized assistants, or on the part of any official or employee of the Town, shall legalize or authorize the violation of any of the provisions of this Title.
66.1. Site Analysis
Administrators shall carry out a site analysis unless they find, after reviewing a completed Notice of Activity form and consulting with the applicant that:
- The requested analysis is not within the jurisdiction of this LUC;
- The application is incomplete.
66.2. Right of Entry Employees of the Town or any duly authorized deputy inspector shall first secure permission before entering any premises for the purpose of making inspections necessary to conduct the duties of the administration and enforcement of this Title.
66.3. Disapproval If, in the opinion of the Town Manager, the proposal as set forth in the application is not in conformance with the provisions of this LUC, the Town administrators shall refuse to issue an Approval to Proceed. If a Notice of Activity is denied Approval to Proceed, the Town Manager shall state in writing on the application the reason for such disapproval.
66.4. Null or Void Permits Any permit or approval issued in violation of any of the provisions of this LUC shall be null and void and may not be construed as waiving any provision of this Title. Any approval issued under the provisions of this LUC shall be valid for three (3) years. If no construction has started within the three (3) year limit, said approval shall be null and void.
66.5. Stop Orders Whenever any building work is being done contrary to the provisions of this LUC or land or structures are being used contrary to this LUC, (this provision does not apply to nonconforming structures so noted in a otherwise valid Zoning Permit), the Town Manager shall order the work or use stopped by notice in writing served on any person engaged in doing, or causing such work to be done, or such use to be continued. Any such person, and all others engaged in doing, or causing such work to be done, or such use to be continued, shall forthwith stop such work or use until authorized by the Town Manager to proceed.
66.6. Appeals When any person is denied an approval for noncompliance with this LUC they may appeal such action of the Town Manager to the Town Planning Commission.
66.7. Subdivision No Approval to Proceed shall be issued by any administrative office of the Town of Rangely for the construction of any building, or other improvements when a subdivision plat is required by this title, unless and until the requirements of this LUC have been met. No building permit, except for public improvements, shall be issued prior to preliminary acceptance of all public improvements, except street paving, unless waived by the Town Council.
66.8. Building Inspections The building official may issue a Building Permit and ultimately a Certificate of Occupancy only when he finds that the conditions of approval have been fulfilled. In the event that site improvements and amenities and any other conditions of said approval cannot be completed due to seasonal constraints or for other reasons, the building official can request of the Town Manager that a bond or other appropriate form of guarantee, necessary to ensure within a period of time completion of such improvements and satisfaction of any such other conditions, be required. In lieu of a bond or other appropriate form of guarantee, the Planning Commission may accept a Contract of Agreement between the developer and/or permittee and the Town of Rangely, describing the improvements and amenities to be completed and such other conditions of approval that are to be satisfied such as, but not limited to, a schedule for the phasing of such improvements, amenities, and conditions. The obligations and covenants under this Contract of Agreement shall be binding upon all successors and assigns of the developer or permittee. All deferred improvements, amenities, and conditions shall be completed within a period not to exceed a three (3) years from the date of the issuance of a Certificate of Occupancy. In the case of a contract as described in this subsection, failure by the developer or permittee to complete any or all of the improvements and amenities and to satisfy the conditions as described in said contract shall be deemed a violation or violations of the Rangely Municipal Code, and the Town may cite the developer or permittee into the Rangely Municipal Court for said violation or violations. Each such developer or permittee shall be guilty of a separate violation for each and every day such developer or permittee is in violation of said contract and each shall be deemed a separate offense. The Town of Rangely may further have the right to bring causes of action or suit for injunctive relief or specific performance as the town may elect.
66.9. Revisions Any substantial revision of an approved plan that came before the Planning Commission shall require the approval of the Planning Commission. Minor changes of an approved plan may be made, with the concurrence of the Town Manager or his designee, provided the changes do not affect the overall layout, design, density, or overall nature of the approved site plan.
- Section 67: Basic Process
The following describes the basic process for all types of approval(s) (rezoning, subdividing etc.). Based on complexity or conversely the simplicity of an approval, times may vary as long as the administrators follow the requirements of this Code and carry out processes as expeditiously as possible.
1st Phase - Application and Preliminary Plan and/or Plat Time period - 1 day to 160 days. Applications not processed in 160 days will be dropped from review.
- Submittal of Notice of Activity form and arranging preliminary meeting. *
- Site review by concerned departments and development evaluation (site visit). #
- Meet/work on submittals until all submittal requests are complete or application is withdrawn. */#
2nd Phase - Planning Commission Hearing, Comments and Ruling Time period - 15 days for notification before hearing, 15-20 days for additional submittals.
- Notification of affected landowners.
- Notification of Planning Commission hearing on application. #
- Commission hearing. @
- Additional submittals (if applicable) *, additional Planning Commission hearing (no notification required). @
- Commission ruling and conditions. @
3rd Phase - Board of Trustees/Town Council Hearing, Comments, Ruling Time period - 30 days for notification before hearing, 45 to 60 days for additional submittals.
- Notification of Town Council hearing on recommendation of Planning Commission. # 2
- Town Council hearing and/or ruling or additional submittals. @
- Additional submittal requirements (if applicable) * or return the process to phase 2, step 4.
- Commission ruling and conditions and/or plat approval and final agreement paperwork. @/#
@ = Commission Hearing
* = Applicant Responsibility
# = Administrative Activity
- Section 68: Conditional-Use Permits
Uses designated in this LUC as conditional uses may be permitted, licensed, enlarged or altered, only upon recommendation of the Planning Commission and approval by the Town Council. In recommending a conditional use, the Planning Commission may recommend imposing, in addition to the regulations and standards expressly specified by these regulations, other conditions found necessary to protect the best interests of the surrounding property, the neighborhood or the Town as a whole. These conditions may include, but are not limited to, requirements increasing the required lot size or yard dimension, increasing street widths, controlling the location and number of vehicular access points to the property, limiting the permit to a specified duration, limiting the coverage or height of buildings, requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargement or alteration of the use shall be reviewed by the Planning Commission. The Town Council, when considering approval, may modify conditions recommended by the Planning Commission.
Even if the permit board that is recommending or issuing the approval finds that the application complies with all other provisions of this LUC, it may still deny the permit if it concludes, based upon the information available, that if completed as proposed, the development, more probably than not:
- Will materially endanger the public health or safety, or
- Will substantially injure the value of adjoining or abutting property, or
- Will not be in harmony with the area in which it is to be located, or
- Will not be in general conformity with the Comprehensive Plan, or other plan officially adopted by the Town Council.
The Town Council may not attach additional conditions that modify or alter the specific requirements set forth in this LUC unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.
All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this Title.
- Section 69: Burden of Presenting Evidence; Burden of Persuasion
The burden of presenting a complete application for consideration by the Commission or Council shall be upon the applicant. However, unless the Board informs the applicant at the hearing in what way the application is incomplete and offers the applicant an opportunity to complete the application (either at that meeting or at a continuation hearing), the application shall be presumed to be complete. Once a completed application has been submitted, the burden of presenting evidence to the permit-issuing board sufficient to lead it to conclude that the application should be denied for any reasons of materially endangering the public health or safety, or substantially injuring the value of adjoining or abutting property, or lack of harmony with the area in which it is to be located, or not in general conformity with the Comprehensive Plan, or other plan officially adopted by the Town Council, shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application. The burden of persuasion on the issue of whether the development, if completed as proposed, will comply with the requirements of this LUC remains at all times on the applicant.
- Section 70: Approvals before the Planning Commission
Before being presented to the Town Council, an application for an approval shall be referred to the Planning Commission for action in accordance with this section.
70.1. When presented to the Planning Commission, the application shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance with this LUC as well as any staff recommendations for additional requirements to be imposed by the Planning Commission.
70.2. If the planning staff report proposes a finding or conclusion that the application fails to comply with any requirement of this LUC it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.
70.3. The Planning Commission shall consider the application and the attached staff report in a timely fashion, and shall hear from the applicant or members of the public. After receiving comments from the public, the Planning Commission shall make a recommendation to the Town Council.
70.4. In response to the Planning Commission’s recommendations, the applicant may modify his application prior to submission to the Town Council, and the planning staff may likewise revise its recommendations, provided these modifications are agreed to by the Planning Commission and applicant.
- Section 71: Approvals before the Town Council
Based on the decision reached by the Planning Commission, the administrators will present the recommendation to the Town Council in the form of a draft approval drawn up by the planning office. The Town Council must make their decision to uphold, modify, or overturn the Planning Commission's recommendation.
- Section 72: Authorizing Use, Occupancy, or Sale Before Completion of Development Under Conditional-Use Permits
72.1. In cases when, because of weather conditions or other factors beyond the control of the conditional-use permit recipient (exclusive of financial hardship), it would be unreasonable to require the permit recipient to comply with all of the requirements of this Title before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision. The Town Council may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of this LUC are concerned) if the permit recipient provides a performance bond or other security satisfactory to the Town Council to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months).
72.2. When the Town Council imposes additional requirements upon the permit recipient in accordance with the section on “Completing Developments in Phases” or when the developer proposes in the plans submitted to install amenities beyond those required by the Municipal Code, the Town Council may authorize the permittee to commence the intended use of the property, or to occupy any building, or to sell any subdivision lots before the additional requirements are fulfilled, or the amenities installed if it specifies a provision (such as a date by which or a schedule according to which) that such requirements must be met, or each amenity installed.
72.3. With respect to subdivisions in which the developer is selling only undeveloped lots, the Town Council may authorize final plat approval and the sale of lots before all the requirements of the Municipal Code are fulfilled if the subdivider provides a performance bond or other security satisfactory to the Town Council to ensure that all of these requirements will be fulfilled within no more than 12 months after final plat approval.
- Section 73 Completing Developments in Phases
73.1. If a development is constructed in phases or stages (one aspect of development is completed before another is started) in accordance with this section, then the phase for the project under construction shall abide by the standards of this LUC. No development for any subsequent phase/stage shall be permitted until an administrative approval has been granted by the Community Development Department.
73.2. As a prerequisite to taking advantage of the provisions of Subsection (a), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this LUC that will be satisfied with respect to each phase or stage including a proposed schedule for development.
73.3. If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis court in a residential development) then, as part of the application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate to completion of such improvements and/or to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit.
- Section 74: Notice of Hearing
74.1. The planning administrator shall give notice of any hearing on an application before the Planning Commission and any hearing on an application before the Town Council or recommendation or appeal before the Board of Adjustment.
74.1.1. Notice shall be published at least one (1) time in a newspaper having general circulation in the area, not less than seven (7) nor more than fifteen (15) days prior to the hearing before the Planning Commission and thirty (30) days prior to a hearing before Town Council.
74.1.2. Notice shall be given to neighboring property owners by mailing a written notice not later than ten (10) days before the hearing to those persons who have listed for taxation real property any portion of which is abutting the parcel that is the subject of the application or appeal, and additional property owners as determined by the administrators.
74.1.3. The notice required by this section shall state the date, time, and place of the hearing, reasonably identifying the subject of the application or appeal, and give a brief description of the action requested or proposed.
74.1.4. Notice shall be provided to any of those in the following list who could be reasonably impacted by the actions of an applicant for a land use approval:
- School district; County or municipality within a two-mile radius;
- Utility, local improvement, and service district;
- Ditch company;
- Colorado State Forest Service;
- National Forest Service;
- Bureau of Land Management;
- Other Planning Commissions with jurisdiction over the area;
- Local soil conservation district board or boards within the County;
- When applicable, the Colorado Department of Public Health and Environment;
- When applicable, the state engineer for an opinion regarding material injury to decreed water rights, historic use of and estimated water yield to supply the proposed development, and conditions associated with said water supply evidence;
- Colorado Geological Survey for an evaluation of those geologic factors which would have a significant impact on the proposed use of the land.
- Local fire district.
- Colorado Division of Wildlife;
- Colorado Department of Transportation;
- To any other agencies or persons, who may, in the opinion of the Planning Commission, be affected by the activity.
- Section 75: Hearing Open and Presentation of Information
The provisions of this section apply to all hearings for which a notice is required.
75.1. Hearing shall be open to the public and all persons interested in the outcome shall be given an opportunity to give testimony, evidence, and ask questions of those presenting information. All testifiers shall state their name, the name of their employer, and who they represent.
75.2. All persons who intend to present evidence to the approval-issuing board, rather than arguments only, shall state their name, the name of their employer, who they represent, and provide information regarding their qualifications.
75.3. All findings and conclusions necessary to the issuance or denial of the requested approval or appeal (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available.
75.4. The Commission holding the hearing may place reasonable and equitable limits on presentation of information and the cross-examination of witnesses so the matter at issue may be heard and decided in a reasonable period of time.
75.5. The Commission holding the hearing may continue the hearing at subsequent meetings and may keep the hearing open to take additional information up to a point of final decision. No further notice is required unless a period of six (6) weeks or more lapses between hearing dates.
- Section 76: Modification of Application at Hearing
In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Commission holding the hearing, the applicant may agree to modify his application, including the plans and specifications submitted. Unless such modifications are so substantial or extensive that the Commission holding the hearing cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the application may be approved with the stipulation that the approval will not be issued until plans reflecting the agreed upon changes are submitted to the planning staff and conform to the modifications.
- Section 77: Record
77.1. A tape recording shall be made of all hearings required by this LUC, and such recordings shall be kept for at least ten (10) years. Minutes of motions, actions, relevant comments, and sign-in documentation shall be kept of all proceedings, but a transcript of the tape need not be made.
77.2. Whenever practicable, all documentary evidence presented at a hearing and other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the Town for at least ten (10) years.
- Section 78: Vested Rights
78.1. The authority for and the sole purpose of this section is to make and declare the permitted definitions and to provide the procedures necessary for the implementation of the provisions of Title 24, Article 68, Sections 101 through 106 of the Colorado Revised Statutes.
78.2.1. Site Specific Development Plan means a map, plat, plan or other document but only as are more particularly described below, including all terms and conditions thereof or which are incorporated by reference, which also describes with reasonable certainty the type and intensity of use permitted for a specific parcel or parcels of land:
126.96.36.199. Final Subdivision Plat, as that term is used, referenced and defined in the Town of Rangely Land Use Code as approved by the Town Council; or
188.8.131.52. Planned Unit Development Plan as that term is used, referenced and defined in the Town of Rangely Land Use Code as approved by the Town Council; or
184.108.40.206. Such other map, plat or other document wherein a specific written agreement designating the same as a "site specific development plan" has been executed between the Town Council and the property owner for a specific project or development.
220.127.116.11. No other map, plat, document or approval of any nature submitted and/or obtained pursuant to the Town of Rangely Land Use Code as approved by the Town Council constitute a specific development plan.
18.104.22.168. Vested Real Property Right means the right to undertake and complete the development and use of property under the terms and conditions of a site-specific development plan.
78.3. No site-specific development plan shall be approved until after a public hearing preceded by written notice of such hearing. Such notice may, at the Town's option, be combined with the notices otherwise required under the Town of Rangely Land Use Code as amended, or with any other required notice. At such hearing, interested persons including owners of the described property, their representatives, and other interested persons shall have the opportunity to be heard.
78.4. Approval, effective date and amendments to a site-specific development plan shall be deemed approved upon the effective date of the final Town Council action approving such plan. In the event amendments to a site-specific development plan are approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of the approval of the original site- specific development plan, unless the Town Council specifically finds to the contrary and incorporates such findings in its approval of the amendment. The Town of Rangely is authorized, but shall not be required to extend vested property rights for a period exceeding three (3) years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles and market conditions and the like.
78.5. Notice of Approval for each document constituting a site-specific development plan as that term is defined herein shall contain the following language: "Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, Sections 101-106, C.R.S. as amended." Failure to contain this statement shall invalidate the creation of the vested property right for all purposes.
78.6. Any approval shall be subject to judicial review except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication, in a newspaper of general circulation within the Town of Rangely, of a notice advising the general public of the site-specific development plan approval, and creation of a vested property right pursuant to this LUC. Such publication shall be the responsibility of the applicant and shall occur no later than fourteen (14) days following approval. The applicant shall present to Town of Rangely an affidavit of such notice within ten (10) days of publishing the same. The notice to be published shall read as follows: NOTICE Notice is hereby given that on the ___ day of_______, 20 the Town of Rangely Town Council approved a site-specific development plan for the property and purpose described below, which approval may have created a vested property right pursuant to Colorado law. Such approval is subject to all rights of judicial review. *Note (provide?): legal description, type and intensity of use, published in, and date of publication. In the event that the applicant does not publish the notice and provide an affidavit of the same in accordance with this Code, then the Town may, but shall not be required to, publish the notice. In addition, a failure to publish such notice by the applicant shall mean that the period of time permitted by law for the exercise of judicial review shall commence on the date of the final approval of the site-specific development plan by the Town Council and not thereafter.
78.7. Payment of costs, in addition to any and all other fees and charges imposed by Town of Rangely Land Use Regulations, the applicant for approval of a site-specific development plan shall pay all costs occasioned to the Town as a result of the site-specific development plan review, including publication of notice, public hearing and review costs.
78.8. Approval of a site-specific development plan shall not constitute an exemption from or waiver of any other provisions of the Town of Rangely Land Use Code pertaining to the development and use of property.
78.9. Nothing in this Title is intended to create any vested real property right, but only to implement the provisions of Article 68 of Title 24, Sections 101-106, C.R.S., as amended. In the event of the repeal of said Article, or a judicial determination that said Article is invalid or unconstitutional, this section shall be deemed to be repealed and the provisions hereof no longer effective.
- Section 79: Expiration of Approvals
79.1. Approvals shall expire automatically if, within three (3) years after the issuance of such approvals the use authorized by such approvals has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use, or less than 10 percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such approvals has been completed on the site. With respect to phased development, this requirement shall apply only to the first phase.
79.2. If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one (1) year, then the approval for such work shall immediately expire.
79.3. The approval-issuing authority may extend, for a period up to six (6) months, the date when a permit would otherwise expire pursuant to Subsections 79.1 or 79.2 if it concludes that (i) the approval has not yet expired, (ii) the approval recipient has proceeded with due diligence and in good faith, and (iii) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new approval.
79.4. This section does not apply to actions of rezoning.
- Section 80: Effect of Approvals on Successors and Assigns
Approvals authorize the permittee to make use of land and structures in a particular way. Such approvals are transferable under certain conditions. Approvals are transferable when:
- Transfers occur with the consent of both parties to the agreement, and the terms are for a transfer of the land and/or structures covered under such approval, for the purposes authorized in exact accordance with all the requirements of that approval, and;
- The transfer is approved by the Planning Commission, who will consider whether the approval in whole or in part is to be transferred. In general the approval should be transferred in whole except conditions and terms on compliance (time limits) should be considered for adjustment based on the status of completion or expectation of completion. The terms and requirements of the approval apply to and restrict the use of land or structures covered under the approval and to the standards of this LUC including zoning of the property, therefore any change of approval shall be substantially the same as the original approval and any reasonably significant deviation should be considered a change of use and follow all applicable procedures as outlined in this Title.
- Section 81: Amendments to and Modifications of Approvals
81.1 Insignificant deviations, minor design modifications, or changes of an approval (including approved plans) issued by the governing body, or the administrator, are permissible and the administrator may authorize such insignificant actions. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section a deviation, minor design modification, or change is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. The administrators shall be contacted and notified of these deviations, modifications and changes, and shall provide approval before such actions are carried out.
81.2. All other requests for changes in approved plans will be processed as an amendment following the procedures for a new application. New conditions may be imposed but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued approval.
81.3. The administrator shall determine whether amendments to and modifications of approvals fall within the categories set forth above in Subsections 81.1 or 81.2.
81.4 A developer requesting approval of changes shall submit a written request for such approval to the administrator, and that request shall identify the changes. Approval of all changes must be given in writing.
Section 82: Reconsideration of Board Action
82.1. Whenever an approval or appeal is denied on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective board at a later time unless the applicant clearly demonstrates that:
82.1.1. Circumstances affecting the property that is the subject of the application have substantially changed, or
82.1.2. New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the administrator within the time period for an appeal to District Court. However, such a request does not extend the period within which an appeal must be taken.
82.1.3. All actions of reconsideration will be taken at a public hearing following the process laid out in this resolution.
82.2. Notwithstanding Subsection 82.1. the Planning Commission or Town Council may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered. All aspects of this Title shall be complied with including public notice on any new application.
- Section 83: Maintenance of Common Areas, Improvements, and Facilities
The recipient of any approval or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this LUC or any approval issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed and shall be managed to not present other hazard such as but not limited to brush fire.
- Sections 84 through 100