Title 16 SUBDIVISIONS
Chapter 16.12 SUBMISSION AND REVIEW OF PRELIMINARY PLAN
16.12.020 Preliminary plan referral and review.
A. The Board shall turn all preliminary plan materials over
to the Planning Commission. In turn, the Planning Commission shall distribute
copies thereof for review and comment, suggestions and recommendations, as
follows:
1. To the appropriate school district;
2. To each county or municipality within a two-mile radius of
any portion of the proposed subdivision;
3. To any utility, local improvement and service district, or
ditch company when applicable;
4. To the Colorado State Forest Service, when
applicable;
5. To other planning commissions with jurisdiction over the
area;
6. To the local soil conservation district board or boards
within the County for explicit review and recommendations regarding soil
suitability and flooding problems. Such referral shall be made even though all
or part of a proposed subdivision is not located within the boundaries of a
conservation district;
7. When applicable, to the Department of Health, for their
review of the on-lot sewage disposal reports, for review of the adequacy of
existing or proposed sewage treatment works to handle the estimated effluent,
and for a report of the water quality of the proposed water supply to serve the
subdivision;
8. When applicable, to 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. The State Engineer shall consider the cumulative
effect of on-lot wells on water rights and existing wells;
9. To the Colorado Geological Survey for an evaluation of
those geologic factors which would have a significant impact on the proposed use
of the land;
10. To any other and all other agencies or persons who may,
in the opinion of the Board or the Planning Commission, be affected by the
proposed subdivision.
B. The agencies
named in this section shall make recommendations within twenty-one (21) days
after the mailing by Pueblo County or its authorized representatives of such
plans unless a necessary extension of not more than thirty (30) days has
been consented to by the subdivider and the Pueblo Board of County
Commissioners. The failure of any agency to respond within twenty-one (21)
days or within the period of an extension shall, for the purpose of the hearing
on the plan, be deemed an approval of such plan; except that, where such plan
involves twenty (20) or more dwelling units, a school district shall be
required to submit within said time limit specific recommendations with
respect to the adequacy of school sites and the adequacy of school
structures.
C. Upon receipt of response by the agencies, or default by
them, the Planning Commission shall review and study as it deems necessary,
including the holding of public hearings, to make an informed and reasoned
judgment on the preliminary plan.
D. Within thirty-five (35) days of the transmittal of the
preliminary plan by the Board to the Planning Commission, or within the period
of an extension granted by the Board and agreed to by the subdivider, the
Planning Commission shall consider the preliminary plan at a public meeting, and
deliver to the Board and to the subdivider its comments, suggestions, and
recommendations regarding the preliminary plan.
E. If any of the agencies enumerated in
Subsection (A)(1)
through (10) of this Section responds after the
consideration of the preliminary plan at such a public meeting, the Planning
Commission shall notify the Board of such response and shall review the response
and shall immediately transmit its comments concerning the review to the
Board.
F. The Planning Commission shall
only recommend for approval those preliminary plans which it finds to be
developed in accordance with the intent, standards, and criteria specified
in these regulations.