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The intent of this standard is to ensure that when property is developed and/or land made use of (mining, irrigation, etc.) the activity has the proper legal right, in the form of ownership, lease, right, easement or other legal instrument, to carry out the plan as proposed.
220.2 Utility Ownership and Easement Rights
In any case when there is installation of water, sewer, electrical power, telephone, and/or cable television facilities and the facilities shall be owned, operated, or maintained by a public utility or any entity other than the property owner and/or developer, the property owner and/or developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.
Legal right of access to the property that is to be developed shall be obtained before an approval is issued for development. Existing private roads that access multiple structures do not suffice as proof that access is permissible on other existing undeveloped lots. Proof of access (easement) shall be shown before development occurs.
220.4 Ownership, Right or Lease
Before a piece of land and/or property may be used, legal right to commence such activity shall be established, or approval shall not be issued. Approval by the administrators and/or permit issuance shall only occur after proof of legal ability to carry out the activity/development as proposed is provided. On Federal property this includes a completed environmental document in compliance with the National Environmental Policy Act and/or other relevant compliance act as may be required by the agency with administrative authority.
220.5 Other Permits
When multiple agencies provide approvals of various forms (permits, etc.) the Town will grant approval only after it is clear that these other approvals have been received, or are in process, and it can be reasonably shown that these approvals will be granted. If a plan requires multiple agency approval, the Town will only approve plans presented that are substantially the same for each agency. If a plan is changed to meet the requirements of another agency and this results in a plan that is substantially different than one already approved by the Town, the plan shall be required to be amended to conform to the changes and receive additional approval from the Town before any work may commence.
The intent of this section is to ensure that divisions of land into lots of less than 35 acres comply with Colorado State Statutes, and this section, as adopted under the provisions of the Statutes. In sum, no parcel of land shall be divided for sale into lots less than 35 acres, until such time that the Town Council has provided approval, after hearing(s) before the Planning Commission on the proposed development. Planning Commission hearings shall be held to determine and provide findings on whether the proposed subdivision plan meets the condition of the spirit and intent of this section, or is exempt from this section, all other applicable standards of this Title, and the Comprehensive Plan for the Town. To meet this standard, subdivision plans shall proceed through the process indicated for minor, preliminary and/or final plat approval as applicable, and include, as applicable, additional information for development agreements, appropriate re-zonings, and other permits as may be required for compliance with this LUC, and receive approval from Town Council.
221.2 Authority and Scope
The Subdivision Regulations of this section are adopted under the authority granted by the Colorado Revised Statutes, Title 30 Article 28 as apply and as amended, and apply to all land within the incorporated territory of the Town. Any person, partnership, or corporation intending to subdivide land shall submit plans and plats as required by and specified in this Title.
221.3 Conformance with Existing Laws
Land being subdivided shall conform to the comprehensive master plan and other resolutions and regulations in effect in the Town.
221.4 Public Notice
Subdivisions shall require public Notice of Hearing before the Planning Commission and Town Council. Preliminary plans and final plats shall require advertisement in at least one (1) newspaper with general circulation in the Town not less than 7 days nor more than 15 days prior to Planning Commission and 30 days before Town Council hearing. All impacted agencies, surrounding landowners and jurisdictions are to be notified not less than ten (10) days prior to preliminary plat hearings.
221.5 Expiration of Applications
A subdivision application shall expire 160 days after the last public hearing or formal action on it if the applicant has not demonstrated intent to proceed by the submission of a plan or plat for review.
221.6 Construction before Approval
When a subdivision application has been submitted, no building permit shall be issued for any lot or parcel within the boundaries of the proposed subdivision. No construction (including grading and site preparation) shall begin on any facility or lot within subdivision boundaries until the final plat for the subdivision has been approved by the Town Council and filed for record with the Rio Blanco County Clerk and Recorder.
221.7 Relocation of Common Boundary Lines
Transfers of land made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties are considered exempt from this section if no parcel or lot is created that is less than 35 acres. To be approved as an exemption for relocation of common boundary lines, the survey plat must bear the signatures of all landowners whose parcels are changed by the relocation. The survey plat must show that the exemption was used only to change the location of a boundary line dividing two parcels, and must clearly distinguish the prior boundary location (shown for example, by a dashed or broken line) from the new boundary (shown, for example, by a solid line). Guarantees of land transferred under this subsection must take title to the land transferred under the same name as they hold title to their land adjoining said property. No separate or new parcel may be created hereunder.
The owners' certificate that is required to be on the exemption survey plat shall follow the language:
"I (we) hereby certify that the purpose of this subdivision of land is to relocate common boundary lines between adjoining properties, and no additional parcels are hereby created; therefore, this division of land is exempt from review as a subdivision pursuant to Section 30-28-101 (10)(d), C.R.S. (Names, Signatures of both property owners, and Dates)
When common boundary lines are shifted and lots are created that are less than 35 acres the plat shall follow all the guidelines as noted above but an administrative review by the Town Manager shall be made. If in the view of the Town Manager the boundary relocation substantially changes the nature of the property it shall be treated as a minor or major subdivision as might apply. If it does not substantially change the nature of the property, it shall be administratively approved.
221.8 Vacation of a Plat of Record
A landowner may make application to vacate any plat of record, or portion of a plat of record, under the following conditions:
Vacation of a utility easement shall be brought directly to the Town Council and shall be accompanied by letters of acquiescence from all interested utility companies and parties. All other vacation petitions shall be brought to the Planning Commission for recommendation to the Town Council. The Town Council shall approve or deny the petition. If the petition is approved, it shall then be recorded with the Rio Blanco County Clerk and Recorder. All fees for the recording of such vacation shall be paid by the petitioner.
A subdivision that does not involve any of the following is considered a minor subdivision: (i) the creation of more than a total of 7 lots; (ii) the creation of any new public streets; (iii) the extension of a public water or sewer system; (iv) the installation of drainage improvements through one or more lots to serve one or more other lots; (v) the grading, filling or engineering of land for stability or substantial use for construction on any of the lots or protection of land or associated features such as but not limited to roads. A minor subdivision necessitates only the requirement for a preliminary plan submittal so an application can follow a process of single hearing before the Planning Commission (preliminary plan) and approval by the Town Council (final plat) provided that both entities find the request generally reasonable and the final plat and agreements or other permit requirements of the applicable design standards, and the standards in general, of this LUC are met.
A subdivision that is not a minor subdivision is a major subdivision. A major subdivision requires hearings before the Planning Commission for both the preliminary plan and final plat. A major subdivision requires approval by the Town Council of the final plat. Recommendations by the Planning Commission may be accepted as presented to the Town Council or modified. Intent of the process is to complete all design aspects for the subdivision at the preliminary stage and use the final plat approval as a quality control check for compliance with conditions agreed between the Town and developer.
221.11 Preliminary Plan
Subdivision applicants shall provide information to meet the applicable standards of this LUC. The standards and agreements that shall be applicable are to be worked out between the developer and Town staff prior to any hearings and shall conform to this Title and other guidance accepted and/or published and distributed by the Town. Based on information presented at a hearing, where recommendations of Town staff, overview of the development proposed by the applicant, and testimonials of the public are discussed, the Planning Commission shall determine what should be included in the final plat and whether or not to recommend the subdivision plan to the Town Council. The Planning Commission can request resubmittal or a developer can resubmit a preliminary plan up to three times before the Planning Commission is required to make a ruling on the submittal. If the subdivision is a minor subdivision, the final plat shall conform to the provisions discussed before the Planning Commission and be forwarded to the Town Council without another hearing before the Planning Commission. If the subdivision is a major subdivision, a final plat and associated agreements shall be brought back to the Planning Commission for consideration. Resubmittals are considered continuances of the initial hearing for the preliminary plan provided the plan is reconsidered within two working meetings of the Planning Commission.
221.12 Contents of Preliminary Plan
Preliminary plans shall include the elements noted below as required by Town staff and agreed to by the applicant in meetings prior to Planning Commission hearing.
221.12.1 Drawing Requirements
All Plat drawings shall include the following information and conform to these standards.
221.12.2 Aspects on the Plat Drawing
221.12.3 Written Plan Information to be submitted with the Plat
When it is determined necessary after discussion with Town Staff, each of the following written descriptions shall be provided with the drawing plat and considered the written portion of the plan.
221.13 Distribution of Preliminary Plan
The subdivider shall submit copies of the plat, plan, and text, the number of which, Town staff determines is necessary to contact those in the following list who need to consider the implications of subdivision development. This information shall be submitted for review 15 days prior to Planning Commission public hearing. The Planning Commission shall distribute copies thereof for review and comment, suggestions and recommendations, as follows and as applicable:
221.14 Final Plat
The Planning Commission shall recommend approval of the subdivision to the Town Council if the commission finds the final plat and other applicable submittal documents are in conformance with conditions of approval as agreed to through the preliminary plan process. Final plats shall conform in all major respects to the preliminary plan as previously approved and incorporate all modifications required and agreed to during its review by the Planning Commission.
An electronic copy in a file format acceptable to the Town of all final plats, written plans and agreements shall be submitted to the Town by the developer.
221.14.1 Contents of Final Plat
221.14.2 Signature Lines and Wording
The signature and seal of those listed as responsible parties to the plat with the following signature line and language:
Notary of the State of Colorado County of __________________
The foregoing instrument was acknowledged before me this ______day of ________, A.D. 20____, by (printed name of owner). (If by natural persons here insert name; if by persons acting in a representative official capacity, then insert the name of said person and his capacity; if by officers of a corporation, then insert the names of said officers as the president or other officers of such corporation, naming it.)
My commission expires on (to be filled in by Notary).
Witness my hand and official seal.
(Printed name of Notary)
220.127.116.11 Optional Attorney’s Opinion
I, (printed name of attorney), being an Attorney-at-law duly licensed to practice before the Courts of Record in the State of Colorado, do hereby certify that I have examined the title to all lands herein dedicated and shown upon this plat and that title to such lands is in the dedicator free and clear of all liens, taxes, and encumbrances, except as follows: (list same or indicate NONE).
Dated this _______________ day of _____________________, A.D.____
18.104.22.168 Land Surveyor’s Certificate
I, (printed name of Land Surveyor), being a Registered Land Surveyor in the State of Colorado, do hereby certify that this plat and survey of (name of subdivision in capital letters) was made by me and under my supervision and that both are accurate to the best of my knowledge. I further certify that monuments and markers were set as required by the Town of Rangely Subdivision Ordinance.
Dated this _______________ day of _______________________ A.D. _____
Colorado Registration Number (number of registration)
22.214.171.124 Town of Rangely Planning Commission Approval
The Planning Commission of the Town of Rangely, Colorado does hereby authorize and approve this plat of the above subdivision at a meeting of said Commission held on this _______________ day of ___________, AD._____
(Printed Name of Chairman)
126.96.36.199 Approval by the Town Council
The within plat of _________________________________________
is approved for filing this _________________ day of _____ 20______. The dedication of the public ways shown hereon are accepted by the Town of Rangely, State of Colorado, subject to the condition that said Town shall undertake the maintenance of said public ways only after construction of said public ways has been satisfactorily completed to the Town specifications by the sub-divider and a resolution of the Town of Rangely Town Council, Rangely, Colorado, accepting the same, has been adopted and placed on record.
Town of Rangely, Colorado
188.8.131.52 Clerk and Recorder Filing
Rio Blanco County Clerk and Recorder’s Acceptance
(to be placed in the lower right hand corner of the cover sheet).
This plat was accepted for filing in the office of the County Clerk and Recorder of Rio Blanco County, Colorado on this_________ day of ______________, A.D. ______.
Book Number _______, Page Number ___________ , Reception Number ______, Time _____
184.108.40.206 Recordation of Protective Covenants (if applicable)
Protective Covenants recorded in:
Book Number __________________________, Page Number __________
221.14.3 Drawing Requirements
The final plat drawing shall be prepared and certification made as to its accuracy by a registered land surveyor licensed to do such work in the State of Colorado. A poorly drawn or illegible plat is sufficient cause for its rejection.
The plat shall be delineated in nonfading permanent ink, at a scale not smaller than 1" = 200', on a dimensionally stable polyester sheet such as cronar, mylar or other product of equal quality, three mils or greater in thickness, twenty-four (24) inches high by thirty-six (36) inches wide. The plat shall bear original signatures and seals and shall have a minimum of a two-inch margin on the left side (width) and a minimum of one-half inch margins at the top, bottom and right sides of the plat. The surveyor making the plat shall certify on the plat that it conforms to these regulations and to all applicable State laws, and that the monuments described in it have been placed as described. Surveyor shall affix their name and seal.
In the case of multiple sheets, a key map showing the relationship of the individual sheets shall be provided on each sheet. Prints of the final plat shall be black on white or blue on white, and reproduction shall be clear, crisp and legible. Plats shall be accompanied by electronic files of all relevant subdivision information (plats, written plan, engineering plans, agreements, etc.) in a format acceptable to the Town.
All corner monuments as stated in 38-51-104 C.R.S., and corner monuments established for a "Monumented Land Survey" as defined in 38-51-100.3(7) C.R.S., shall be a minimum of 5/8" solid rod 24 inches in length. All corner monuments within a subdivision that fall within a concrete slab shall be a concrete nail with washer stamped with the land surveyor's number responsible for establishing the same or a witness corner (at the above-mentioned solid rod standards). All property corner monuments that fall within a paved street shall conform to the above-mentioned standards for the nail with stamped washer. All monuments shall emit a magnetic field.
Controlling corners within subdivisions shall be:
5/8" solid rod 24 inches long shall be set at all angle points and at the point of curvature and point of tangency on the centerline of all roads, streets, drives, and/or avenues of all subdivisions. Affixed to the top of each rod shall be a durable cap bearing the Colorado registration number of the land surveyor responsible for establishing the same. The purpose for such monuments is for controlling corners for lots within said subdivision. All such corners within the driveable surface of such roads, streets, drives, etc. shall be set within a range box as herein shown. All monuments shall emit a magnetic field.
Where applicable, all monuments shall conform to State Board of Registrations Rule 6-4, as amended.
221.16 Supporting Documents
The documents for the subdivision shall be submitted with the final plat and are considered part of the final plat submission.
221.17 Acceptance of Roads and Other Public Land Dedications
Approval of a subdivision shall not constitute an acceptance by the Town of the roads, streets, right-of-ways, alleys, open space, or other public lands as indicated for dedication on the plat. The dedication of any of these lands for public use of any nature within the Town shall be accepted by the Town only by specific action of the Town Council.
221.18 Utilities and Improvements
Unless otherwise established by the Town Council as part of an economic development initiative, the following improvements shall be constructed at the expense of the subdivider as stipulated in the Subdivision Improvement Agreement in a manner consistent with sound construction and local practice. Where specific requirements are spelled out in other sections of these regulations, they shall apply:
221.19 Guarantee of Public Improvement
221.20 Public Sites and Open Space Dedications
The Planning Commission may recommend and the Town Council require, upon consideration of Town development patterns, circulation, facilities, and the future requirements of the subdivision, the dedication of areas or sites of a character, extent, and location suitable for various public uses, including schools and parks, according to one of the following alternatives or a combination of them:
221.21 Resubdivision Procedures
Resubdivision of land or changes to a recorded plat (adjustment of lot lines and parcels) may be handled as a minor subdivision if they can meet the following conditions, otherwise they shall meet all the conditions for the type of subdivision which they may be considered.
221.22 Withdrawal of Approval
The Town Council may withdraw its approval or any recommendation by the Planning Commission of a plan or plat if and when it is determined that information provided by the subdivider, upon which such decision was based, is false or inaccurate.
221.23 Recording Final Plat
After the Town Council has approved the final plat, the developer shall pay a recording and filing fee as currently charged by and made payable to the Rio Blanco County Clerk and Recorder within thirty (30) working days of approval or the approval shall be void. Unless said approval is void, the Town Clerk shall then file and record the final plat with the Rio Blanco County Clerk and Recorder.
Should the subdivider clearly demonstrate that, because of peculiar physical conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Town Council may permit such variance or variances as may be reasonable and within the general purposes and intent of the rules, regulations and standards established by these regulations. The Town Council is not obligated to grant any variance and must uphold the intent of the standards of this Title.
If any section, subsection, paragraph, clause, phrase, or provision of these regulations shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of these regulations as a whole or any part or provision hereof, other than the part so adjudged to be invalid or unconstitutional.
221.26 Town Records
The Town shall maintain an adequate numbered filing system for all subdivisions, including copies of all maps, data, and Town actions.
221.27 Design Standards
These standards shall be applied along with consideration of all other standards of this LUC, and in the case of apparent contradictions, the more restrictive shall apply provided the application is reasonable and used in character and consistency with surrounding uses in the area of proposed development. Only the standards necessary to achieve the forgoing objective shall be applied, as determined by the Planning Commission and approval of the Town Council, based on recommendation of the Town staff.
221.27.1 Natural Landscape and Hazards
221.27.3 Roads and Streets
221.27.4 Residential Street Design
221.27.5 Easement Standards
221.27.6 Sanitary Sewage Disposal
221.27.7 Storm Drainage and Floodplains
221.27.8 Fire Protection
221.27.9 Erosion, Sediment Control, and Construction Phasing
The intent of this section is to provide for temporary use of property while in transition to another use or as part of another use temporarily. The intent is to provide for flexibility while not allowing property to diverge from a stated use it otherwise would be required to follow as part of a processes of this LUC. Specifically, temporary uses shall not be allowed to become a conglomeration of different uses, not have adequate services for sanitation, and shall not become permanent structures or mobile homes for the purpose of residences or commercial operations.
222.2 General Regulations
The general standards of this section shall apply to all temporary uses unless otherwise expressly stated. Temporary uses shall abide by these principles and receive administrative approval if considered allowed uses, or Town Council approval if considered a special temporary use. Temporary uses shall not be considered for:
222.3 Uses Allowed
Temporary uses shall be allowed in accordance with the standards of this section.
222.3.1 Real Estate Sales Offices
Sales offices are allowed on residential development sites in any zoning district until all lots or houses are sold not to exceed one and one-half years or whichever is applicable. Use of the sales office for sites outside of the project is prohibited.
222.3.2 Fairs, Carnivals and Other Related Gatherings
In nonresidential zoning districts, such uses shall be allowed for up to fourteen consecutive days. Two events are allowed per calendar year.
222.3.3 Natural Disasters and Emergencies
Temporary uses and structures needed as the result of a natural disaster or other health and safety emergencies are allowed for the duration of the emergency. No Site Plan Review or other review shall be required.
222.3.4 Parking Lot Sales
Parking lot sales are allowed in nonresidential zoning districts for one day at a time for a total of two weeks during the year.
222.3.5 Sidewalk Sales
Sidewalk sales are allowed during business operations during good weather.
222.3.6 Construction Office
These uses are allowed for six months with a single six-month extension provided basic sanitation, building warmth (if used throughout the winter), and building (electrical and unit certification) and location (access and neighborhood impact) issues can be adequately addressed before use. Additionally these facilities shall comply with all applicable federal and state rules and regulations.
222.3.7 Construction Activities
Uses such as but not limited to concrete batch plants, asphalt plants, and associated activities that are determined to be temporary may be granted a temporary permit for a period not to exceed three months with a three-month extension, when construction is ongoing.
222.3.8 Recreational Vehicles and like Units (temporary residences)
A single recreational vehicle may be occupied on a single parcel of any use for a period not exceed 120 days from April to November without approval or permit. These types of units may not be occupied during winter months. A temporary use permit may be granted, for a period not to exceed eight months, provided the provisions of this section are met. The period granted for temporary use may not be during the months of December, January, February or March and no more than one unit (vehicle) may be located on a single parcel.
222.4 Special Temporary Uses
The Planning Commission may recommend and the Town Council may approve other temporary uses and activities or special events if it is determined that such uses would not jeopardize the health, safety, or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.
222.5 Approval Criteria
Approval can be granted for temporary use if it is determined that all of the following conditions are met:
222.6 Conditions of Approval
In approving temporary use requests the Town Manager and/or Town Council as the case might apply, is authorized to impose such conditions upon the premises benefited by the permit as may be necessary to reduce or minimize any potential adverse impact upon other property in the area, so long as the condition relates to a situation created or aggravated by the proposed use and is roughly proportional to its impact. For example, authorization to require:
The intent of this section is to address basic requirements for plans that may be part of an overall development project such as but not limited to stormwater, management, natural hazards and landscaping plans and the elements included in such plans. Plans are intended to provide for completion of design aspects including long-term maintenance and care of public and private components, residual land, and other aspects such as large tracts of land created by conservation easements, transferable development rights, etc. through the Land Use Management process. These plans shall be required for all development when staff can clearly demonstrate the need for a plan to cover such aspects as addressed in the overall development program.
223.2 Plan Elements
Plans are to be composed of text, graphics and/or photographs as necessary and properly convey the intent of the plan. Plans must include at least the following elements as determined by the administrators:
The name of the project;
To approve a Plan, the Planning Commission and Town Council must find the following conditions exist:
223.3 Final Approval
Final approval of any project by the Town Council implies approval of other plans as required. Such plans are to be included as parts of any Development Agreement for a project. The Town Manager may authorize minor adjustments to plans upon a finding that the original intent and purpose of the Plan is preserved. If the Town Manager determines the adjustments are not minor or will substantially change the intent, a new plan for approval shall be drafted and carried though the process. Adjustments to plans shall be discussed with the Planning Commission for comment and policy consideration.
The intent of this section is to establish a procedure to bring land under the jurisdiction of the Town in compliance with the Colorado Municipal Annexation Act of 1965, as amended. This section, in part, provides supplemental requirements for annexation pursuant to the Colorado Municipal Annexation of 1965, and is not to be construed as altering, modifying, eliminating or replacing any requirement set forth in that act, or any requirements set forth in other portions of this LUC. In the event of a conflict between the act and the provisions of this section or any requirements set forth in other portions of the LUC it is the expressed intent of the Town Council that the more stringent provision shall control.
224.2 Statement of Policy and Review Criteria
It shall be the general policy of the Town with respect to annexations and the consideration of annexation petitions that:
224.3 Eligibility for Annexation
Eligibility for annexation shall be determined by conformity with the requirements of C.R.S. §§ 31-12-104 and 31-12-105, as amended and as determined by the Town Council in their sole discretion.
Annexation petitions shall be processed and considered as follows:
Step 1: Annexation Pre-Application Conference.
The application process begins with a pre-application conference with the Town Manager or designated Town staff member to determine the feasibility of the annexation request. Following this informal meeting, the applicant submits a Letter of Intent requesting annexation, the Annexation Petition, the completed Annexation Application form, annexation maps and supporting documents.
Step 2: Annexation Petition Certification and Completion.
The petition for annexation or petition for election and all other documents submitted shall be reviewed by Town staff for completeness and compliance with the provisions of the Municipal Annexation Act of 1965, and the LUC. The applicant shall be notified within a reasonable time of any deficiencies or inadequacies in the materials submitted. An incomplete submission shall not be processed, nor referred to the Town Council for a determination of substantial compliance.
Step 3: Annexation Petition Referral to Town Council.
Upon the Town staff’s determination that the petition and supporting documentation are complete and in compliance with provisions of the Municipal Annexation Act of 1965, and the LUC, the Town Clerk shall refer the petition to the Town Council as a communication.
Step 4: Town Council Determination of Substantial Compliance.
The Town Council, without undue delay, shall take the appropriate steps to determine if the petition is in substantial compliance with the Municipal Annexation Act of 1965. If the petition is found to be in substantial compliance with the Municipal Annexation Act of 1965, the Town Council may, by the adoption of a Resolution of Intent to Annex, set the annexation (and zoning if requested) for public hearing on a specified date, time, and place, not less than (30) thirty days nor more than (60) sixty days from the effective date of the Resolution, subject to compliance with C.R.S. § 31-12-108. If the petition is found to not be in compliance with the Municipal Annexation Act of 1965, no further action shall be taken, except that the determination shall be made by resolution adopted by the Town Council.
Step 5: Planning Commission Review and Recommendations.
The Planning Commission shall consider the petition for annexation at a regular or special meeting to be held prior to the date of the public hearing before the Town Council. If zoning of the property is requested at the time of annexation, the Planning Commission shall hold a public hearing on the zoning of the property at the same meeting. Notice of the public hearing on zoning shall be given in accordance with the requirements for an amendment to the zoning map. The Planning Commission, upon the conclusion of the meeting at which they consider the petition, shall by resolution recommend approval of the petition for annexation with or without modifications and/or conditions, or recommend denial. If zoning of the property is requested at the time of annexation, the Planning Commission shall by resolution recommend approval with or without modifications and/or conditions, or recommend denial of the requested zoning. They shall refer any such recommendation to the Town Council.
Step 6: Town Council Public Hearing and Action on the Annexation.
The Town Council shall hold the public hearing on the petition for annexation, and zoning, if requested in conjunction with the annexation, on the date and at the time set by the Resolution of Intent to Annex. The petitioners shall present evidence in support of the petition, and zoning if applicable. Staff shall testify as to the elements required by statute to be present for annexation. Any person may appear at the hearing and present evidence on any matter related to the annexation petition as determined by the Town Council. The Town Council may continue the hearing to another date without additional notice if the volume of material to be received cannot be presented within the available time for any given session; except that no session of the hearing shall be so continued unless at least one hour of testimony has been heard. All proceedings at the hearing and any continuances thereof shall be recorded, but the recorder’s notes need not be transcribed unless proceedings for judicial review are initiated as provided by C.R.S. § 31-12-116. At the conclusion of the public hearing, the Town Council shall adopt a resolution containing the findings of fact and conclusions, including:
If the Town Council finds that the area proposed for annexation does not comply with the requirements of C.R.S. § 31-12-104 and 105, the annexation proceeding will be terminated.
If the Town Council finds the following:
The Town Council may annex the land by ordinance without election. The ordinance annexing such area shall include a statement that the owners of one hundred percent (100%) of the area petitioned for the annexation. The zoning of the property, if requested with annexation, shall be approved by separate ordinance.
If the petition is for an annexation election, or the Town Council determines that less than one hundred percent (100%) of the owners have signed the petition for annexation, or the Town Council determines that additional terms and conditions should be imposed upon the area proposed be annexed, which are not agreed to voluntarily and in writing by the landowners, the Town Council shall make appropriate findings by resolution and order an election to be conducted in accordance with C.R.S.§ 31-12-112.
If the annexation is approved by the eligible electors in accordance with C.R.S. § 31-12-112, the Town Council may by ordinance annex the land. In the event the annexation is not approved by the eligible electors or the vote is tied, the annexation proceeding will be terminated.
If the Town Council, in its sole discretion, finds that the annexation is not in the best interest of the Town, it may deny the petition by resolution, stating the grounds for such denial. Only in the event of a petition for the annexation of an enclave as provided by C.R.S. § 31-12-107(5) shall the Town be required to annex property.
224.5 Post Approval Actions
After final passage of the annexation ordinance, the Town will file one (1) copy of the annexation map with the original of the annexation ordinance in the office of the Town Clerk. The Town will file for recording three (3) certified copies of the annexation ordinance and annexation map with the County Clerk and Recorder. The Town shall request the Rio Blanco County Clerk to forward one (1) copy of the annexation map and ordinance to the Division of Local Government in the Colorado Department of Local Affairs and one (1) copy of the annexation map and ordinance to the Department of Revenue of the State of Colorado.
In the event that zoning was requested with the annexation, zoning shall be granted by ordinance and copies of the official zoning map amendment shall be recorded with the Rio Blanco County Clerk and Recorder in the manner provided by the LUC. In the event that zoning was not requested with annexation, the Town shall bring the area annexed under the zoning ordinance and map within ninety (90) days after the effective date of the annexation ordinance in the manner provided by the LUC.
224.6 Public Hearing Notices
Notice of the public hearing for annexation set by the Resolution of Intent to Annex shall be given in accordance with C.R.S. § 31-12-108. A copy of the Resolution of Intent to Annex, or the petition(s) as filed (exclusive of signatures), together with a notice of the date and time and place set by the Town Council for the public hearing, shall be published once a week for four (4) successive weeks in a newspaper in general circulation in the area proposed to be annexed. The first publication of such notice shall be at least (30) thirty days prior to the date of the public hearing.
A copy of the published notice, together with a copy of the adopted Resolution of Intent to Annex and the petition as filed, shall be sent by certified mail, return receipt requested, to the County Board of County Commissioners and the County Attorney and any special district or school district having territory within the area to be annexed, at least (25) twenty-five days prior to the date fixed for the public hearing.
A copy of the published notice, together with the “Letter of Intent” provided with the application, the annexation map and the “concept plan” for the development of the property shall be sent by certified mail, return receipt requested, to the owners of real property within three hundred (300) feet of the boundaries of the proposed annexation, irrigation ditch companies whose rights-of-way traverse the property to be annexed and to the mineral estate owners and their lessees of the property to be annexed. Notice provided by the Town to the owners of the minerals estate and their lessees shall not relieve the petitioner(s) from the responsibility of providing notice as required by C.R.S. § 24-65.5-101, et seq.
In the case of a “flagpole” annexation, the Town shall also provide notice to abutting property owners as specified in C.R.S. § 31-12-105 as amended.
224.7 Petitioner’s Responsibilities
The petitioner shall provide the Town with an address list containing the owners of real property within three hundred (300) feet of the property to be annexed, the mineral interest owners and lessees for the property to be annexed, the irrigation ditch companies whose rights-of-way traverse the property to be annexed and the special districts encompassing the property to be annexed. The list is to be prepared and certified by a title insurance company licensed by the State of Colorado, within the thirty (30) days prior to the date of submission of the annexation petition.
The petitioner shall provide a sufficient number of clasp envelopes to mail notices to all special districts encompassing the property be annexed, the Board of County Commissioners and County Attorney, and referral agencies of the Town, as directed by the Town. The petitioner shall also provide a sufficient number of self-adhesive window envelopes (no return address) to mail notice to the owners of real property and mineral interest owners and lessees identified in the mailing list.
The petitioner shall be responsible for posting the property as provided herein, and shall meet with Town staff to obtain completed public notice placards and the posting layout. The petitioner shall submit a signed, notarized affidavit certifying that the property was posted on the required date and in the locations as approved by the Town. The petitioner is also responsible for ensuring that the posted notices remain in place, in legible condition until the public hearing is concluded, and for removal of said posted notices after the public hearing is concluded. Notice shall be posted along the public street rights-of-way bordering the property, at least once every six hundred (600) feet of frontage on said rights-of-way, or as otherwise approved by the Town.
The petitioner shall be responsible for providing notice of each public hearing (Planning Commission and/or Town Council) to the owners of the mineral estate on the property to be annexed, and to their lessees, as required by C.R.S. § 24-65.5-101, et seq. The petitioner shall certify to the Town Clerk not less than fifteen (15) days prior to the date of the public hearing(s), the petitioner’s conformance with this notice requirement
224.8 Reimbursement of Town for Annexation Expenses
The petitioner shall reimburse the Town for its expenses in reviewing and processing the annexation petition, including, but not limited to legal publications, engineering services, attorney fees, consultant fees, reproduction of material, postage, public hearing expenses and recording documents. The Town may require a reasonable administrative fee and a reimbursement agreement upon the submission of a petition for annexation.
224.9 Annexation Petition and Application Submittal Requirements
Submission requirements for an annexation petition are one (1) original and three (3) copies of the forms and maps described below. The letters and documents are to be delivered to the Town Clerk with the fees. The documents are to be submitted in separate three-ring binders of suitable size to hold the material. Any forms or letters requiring signatures shall have one (1) original signed and dated in blue ink. The remaining copies may be photocopies of the original. The binders shall contain a table of contents and be tabbed accordingly. Pockets are to be provided in the binder for the folded maps that are submitted.
Following Town Staff review and notice of acceptance for referral to the Town Council, the applicant shall provide three copies of the annexation documents. The name or title of the proposed annexation on all documents and maps must be consistent. Letter sized (8 ½" x 11") documents will be filed with the Rio Blanco County Clerk and Recorder Office with one (1) inch margins
The Annexation application shall include:
224.10 Annexation Agreement
A draft Annexation Agreement shall be provided to the applicant by the Town not less than three (3) weeks prior to the annexation public hearing before the Town Council. This document outlines the responsibilities of the applicant and the Town regarding the provision and extension of streets and utilities, the dedication of water rights and the applicability of Town regulations. Any changes or additions to the standard form Annexation Agreement proposed by the applicant or the Town shall be addressed in the “supplemental provisions” section of the document. If a property to be annexed has multiple ownership, all of the owners must sign the Annexation Agreement. If multiple properties are combined for annexation purposes, but each will be developed separately, separate Annexation Agreements are to be signed by each owner. The final document is to be signed by the applicant and made available to the Town Clerk not less than two (2) weeks before the date of the public hearing on the annexation.
224.11 Annexation Map Technical Standards
The annexation map shall be prepared by or under the supervision of a registered professional land surveyor licensed with the State of Colorado. The annexation map shall conform to the following drafting standards and contain the following information. It shall be a neat, clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn maps shall be rejected.
The annexation map shall be an original drawing on 24" x 36" flat, spliceless, tapeless and creaseless sheet(s) of double matte mylar film with a uniform thickness of not less than .003 of an inch, using only permanent black ink that will adhere to drafting films, or an acceptable "fix-line" photographic reproduction (emulsion down), or a computer-generated reproduction of the original drawing. A margin line shall be drawn completely around each sheet leaving a margin at least one-half (½) inch on three sides and a margin at least two (2) inches on the left (short) side, entirely blank. Unless otherwise specified, text and numbers are to be large enough to be clearly legible at the scale drawn.
Paper copies of the annexation map(s) shall be blue-line or black-line copies of the original, folded to 12" x 9" size. The applicant shall also provide paper 11" x 17" and 8½" x 11" reductions of the annexation map(s).
The annexation map shall be drafted at a scale that best conveys the detailed survey, and confines the drafting error to less than one percent (1%). Acceptable scales are 1"=50' or 1"=100' and for annexations exceeding one hundred (100) acres, 1"=200'. In special instances, another scale may be approved by the Town. When an annexation requires multiple sheets, an index shall be provided that delineates the boundaries and identifies each sheet number. The scale of a composite map may be different from the individual sheets, as approved by the Town. A “title sheet” containing the certifications and signature blocks shall be provided in the event that the annexation map sheet is too crowded.
The title shall be centered at the top of the sheet along the long dimension of each sheet and shall include the name of the proposed annexation. A general legal description stating the section, township, range, 6th P.M., Town, County, Colorado, shall be included under the name. On the title sheet (Sheet #1), under the general legal description, include the total acreage. Annexation names may not duplicate existing annexation names.
MESA VIEW ANNEXATION
TO THE TOWN OF RANGELY, COLORADO
A Part of the E1/2 of Section 23, Township _ North,
Range __West, __th P.M., Rangely, Colorado
There shall be a title block in the lower right-hand corner, or along the right-hand margin that contains the name, address and telephone number of the land owner, the developer, and the engineer or surveyor preparing the drawing, an appropriate title for the drawing, the preparation date, sheet number, the preparer’s project identification numbers, revision dates, draftsman’s initials, and the electronic drawing file name (matching the AutoCAD drawing file provided to the Town).
Adjacent to the title block, in the lower right-hand corner, there shall be a legend block which shall include a description of lines, points and symbols, a double-headed north arrow designated as true north and a written and graphic scale.
Adjacent to the right margin, or in a column to the right of the center of the title page if the page is crowded, there shall be the Town’ standard statement of ownership containing a written metes and bounds legal description of the land to be annexed (including the full width of abutting roadways not already within the Town) followed by the owner’s signature block(s) and notary block(s), one for each owner or mortgagee.
Immediately following the ownership certificate, there shall be the Town’s standard Surveyor’s certificate, signed, dated and sealed by a licensed surveyor or engineer.
Immediately following the Surveyor’s certificate, there shall be the Town’s standard certificate blocks for the Planning Commission and Town Council.
Immediately following the Town Council’s approval certificate, there shall be the Town’s standard recording certificate block for the Rio Blanco County Clerk and Recorder.
A vicinity map that depicts the area to be annexed and the area which surrounds the proposed annexation within a two-mile radius superimposed on a current USGS Topographical Map, maintaining the same scale shall be placed on the left side of annexation map, outside the boundary of the area being annexed, or on the left side of the title sheet.
The annexation map drawing shall:
A map drawing file of the annexation map(s) and title sheets and all fonts used, shall be provided on acceptable media or via electronic transfer. Large drawing files may be compressed. If multiple maps are used, one file must combine all the parts into one map showing the entire annexation. Drawing files of each revision to the annexation map shall be provided at the time the revision is submitted to the Town. A word processing file of the legal description shall be provided on acceptable media or electronic transfer. File extensions, types, compressions, and media’s are to be supplied at the standards provided by Town staff.
224.12 Concept Plan and Map Technical Standards
The concept plan map shall be prepared by or under the supervision of a qualified land planner or architect. The concept plan map shall conform to the drafting standards of the annexation map. It shall be a neat, clear, permanent, legible and reproducible document. Inaccurate, incomplete or poorly drawn maps shall be rejected.
Paper copies of the concept plan map(s) shall be blue-line or black-line copies of the original, folded to 12" x 9" size. The applicant shall also provide paper 11" x 17" and 8½" x 11" reductions of the concept plan map(s).
The concept plan and map drawing shall:
A map drawing file of the annexation map(s) and title sheets and all fonts used, shall be provided on acceptable media or via electronic transfer. Large drawing files may be compressed. If multiple maps are used, one file must combine all the parts into one map showing the entire annexation. Drawing files of each revision to the annexation map shall be provided at the time the revision is submitted to the Town. A word-processing file of the legal description shall be provided on acceptable media or electronic transfer. File extensions, types, compressions, and medium are to be supplied at the standards provided by Town Sstaff.