Title 17 LAND USE

Chapter 17.104 Rural Land Use Process


17.104.060 Application requirements.
 

     A. Initial Inquiry and Application Review: For a preliminary review of the Rural Land Use Process for eligibility, the subdivider is encouraged to meet with staff with the following for an initial review:
     1. A letter of intent, signed by the landowner(s) and subdivider(s), if different person, describing the proposed uses, the proposed number of lots, the proposed density for the site, and the total acreage of the site.
     2. A USGS topographical map indicating the proposed project with the boundary of the parcel, lots, road layout, open space area, and the surrounding neighborhood context.
     B. Sketch Plan Application (Optional).
     The subdivider can submit a sketch plan application of the Rural Land Use Process for review at a Board of County Commissioners’ meeting. Upon receipt, staff shall refer the sketch plan application to County departments and other government and quasi-government agencies. The sketch plan will enable the Board to render an informal review of the Rural Land Use Process to the subdivider for general scope and conditions that might affect the development. This will allow the subdivider the discretion to continue with the formal application of the Rural Land Use Process.
     C. Formal Application Requirements:
     1. Rural Land Use Plan:  Prior to consideration by the Board of County Commissioners, the subdivider shall submit a Rural Land Use Plan prepared by or under the supervision of a registered professional land surveyor licensed with the State of Colorado and the Plan shall meet the requirements of a “Land Survey Plat” pursuant to the Colorado Revised Statutes, as amended.
     2. Form of the Rural Land Use Plan:
     a. The Rural Land Use Plan shall be in a form acceptable for recordation by the Pueblo County Clerk and Recorder’s Office and shall be on matte finish (both sides), three (3) mil mylar no larger than 24” x 36” drawn in black line ink (no ball point, transfer type or sticky-backs). Acceptable are “fix-line” photographic reproduction or computer generated reproduction of the original drawing. Inaccurate, incomplete or poorly drawn plans, as well as, Diazo (sepia) or electrostatic generated (Xerox) plans shall be rejected.
     b. The Rural Land Use Plan shall be drafted at a scale that best conveys the detailed survey, engineering, and design. When a proposal requires multiple sheets, a composite, on 24” x 36” mylar, shall be provided that delineates the boundaries and identifies each sheet number. The scale may be different than the individual sheets as approved by the staff planner.
     c. The subdivider shall submit four (4) full size copies of the Rural Land Use Plan, one (1) copy of the Rural Land Use Plan reduced to 11" x 17", and one (1) copy of the Rural Land Use Plan reduced to 8 1/2” x 11”.
     3. Content of the Rural Land Use Plan:  The Rural Land Use Plan shall include the following information:
     a. A Title Block with the name of the Rural Land Use Plan, which shall not duplicate any subdivision or planned development, placed at the top of the sheet along the long dimension of the sheet, followed by a legal description, stating the aliquot portion of the section, section, township, range, 6th P.M., and Pueblo, County, Colorado.
     b. Legal description of the property, whether metes and bounds or aliquot portion, according to the deed of record with the recordation information (reception number, book, page, date) cited. The total acreage shall be indicated after said legal description.
     c. Perimeter boundary of the property with bearings, distances, and curve data (radius of curve, central angle, tangent, arc length, notation of non-tangent curves) shall be indicated outside the boundary line. Lengths shall be shown to nearest 0.01’, and degrees shall be shown to nearest seconds. The boundary and internal parcels shall have a closure accuracy of 0.01’.
     d. All lots shall be located, identified and labeled with the appropriate dimension with sufficient linear, bearing, and curve data. No ditto marks shall be used for dimensions. All lots shall be shown in their entirety on one sheet. Lots shall be consecutively numbered.  Include the acreage within each lot to the nearest 0.01 of an acre. All parcels or areas of land inadvertently created and not identified shall be presumed to be open area and shall not be considered to be residential building sites.
     e. Building envelope shall be shown for lots one (1) acre or less or as otherwise required. Building envelopes may not be required on lots greater than one (1) acre. Physical constraints, Individual Sewage Disposal System (ISDS) requirements, well location, as examples, may dictate the necessity for building envelope locations. Dimensions from the building envelope to the lot lines shall be shown.
     f. All protected areas shall be shown and specific delineation may be required.
     g. A vicinity map that depicts the area to be developed and the area, which surrounds the proposed development with related existing and planned streets and highway systems.
     h. Astronomic north arrow; a written and graphic scale; basis of bearings statement; preparation date; names and addresses of owner(s) of record, developer, surveyor who prepared the plan; and the number of the sheet and the total number of sheets.
     i. Depict all easements, including existing and proposed, public and private on and adjacent to the proposed development, their use, principal dimensions, the owners of the easement along with the recordation information, and the name of the entity responsible for construction or maintenance.
     If any easement already of record cannot be definitely located, a statement of its existence, the nature thereof and its recorded reference must appear on the plan.  Distances and bearings on the side lines of parcels which are cut by an easement must be shown with an arrow or so shown to clearly indicate the actual length of the parcel lines.  The widths of all easements and sufficient data to definitely locate the same with respect to each parcel must be shown.  All easements must be clearly labeled and identified.  If an easement shown on the plan is already of record, its recorded reference must be given.
     j. Depict the locations, alignment, names, and principal dimensions for all proposed and adjacent public and private roads, including private driveways.  Indicate the maintenance responsibility, road grades, centerline radii and other pertinent roadway information such as distance between intersections.  Proposed road names shall not be duplicate names to other road names in Pueblo County including its incorporated areas.
     k. Depict legal and physical public access to the proposed development even if not part of the development.
     l. Identify by general and/or USGS map groupings the location of all bodies of water and watercourses, wetlands, 100-year floodplains and other hazard areas, significant rock outcroppings and other significant geologic features, wooded areas, significant individual trees over six (6) inches in diameter measured at six (6) feet above the ground, historical buildings, sites or landscapes, threatened or endangered species habitat, and natural or archaeological features.
     A floodplain is an area of special flood hazard subject to a one percent or greater chance of flooding in any given year (commonly known as the 100-year flood) as designated by the Federal Emergency Management Agency (FEMA).
     The Rural Land Use Plan shall show the contour and elevation of the floodplain which shall be identified as the “Special Flood Hazard Area--100 Year Floodplain” or similar informational notation.  A note shall appear on the Plan which advises that “A Hazard Area Development Permit and/or compliance with additional floodplain regulations may be required prior to development in the Flood Hazard Area” or similar informational notation.  The elevation of the floodplain shall be shown at the boundary line of the property as it intersects with the contour of the 100-year floodplain.
     m. Identify all existing improvement and structures, utility lines, sewer and water lines.
     n.  Identify the location of and setbacks for all existing wells and septic systems in relation to lot lines. Through the review process, the location of proposed wells may be required. The location of each well may be Northing and Easting coordinates and/or UTM coordinates.
     o. Display ties to aliquot section corners, and to the County GPS according to the Pueblo County Code, Title 16, Chapter 16.68, Global Positioning System.
     p. A NOTES section, which shall specifically include the following notes:
 
The availability of water and permits for wells on these lots or parcels has not been established as of the approval date. Pueblo County makes no guarantee nor should any inference be drawn from an approval of this that there would be either adequate or sufficient quantities of water to serve this subdivision.

  

The source of research for recorded rights-of-way and easements is (name of title company, commitment for case no., file no., and effective date; i.e., ABC Title Insurance Corporation, Commitment for Title Insurance Case No. 00-00-001, File No. 12345, and having an effective date of month, date, year at time A.M. or P.M.).

                                                                                                        

and notes pertinent to the development standards pertaining to:
 
     ·       the rural land use plan improvements agreement,
     ·      conservation easements,
     ·      maintenance responsibility for private roads/easements,
     ·      fencing and building standards,
     ·      landscaping requirements, and
     ·      limitations on wells or septic systems.

     q. A Signature Block and Notary Block for the landowner(s) as follow:

(Individual)
 I, ______________________, as owner of the land affected by this land division, accept and approve all conditions set forth herein.
Owner: __________________________________ Date ___________

(Multiple Owners)
 We, _______________ and _______________ as owners of the land affected by this land division, accept and approve all conditions set forth herein.

Owner: __________________________________ Date ___________
Owner: __________________________________ Date ___________

 
(Corporation)
  __________________________, as owner of the land affected by this land division, accept and approve all conditions set forth herein.
___________________ as president of _______________Date_________
___________________ as secretary of _______________Date ________

 

NOTARY PUBLIC
State of Colorado)
                             S.S.
County of Pueblo)

The foregoing instrument was acknowledged before me this _____ day of _________________, 20__ by _____________________________.  Witness my hand and official seal. 

My Commission expires ________________.
Notary Public:  ____________________________________________.

                           

     r. Approval Certificate.
 

APPROVAL CERTIFICATE
  
THIS RURAL LAND USE PLAN IS COMPLETE AND IN ACCORDANCE WITH THE PUEBLO COUNTY CODE, TITLE 17, LAND USE.

______________________________________      ________________
Dept. of Planning and Development                             Date

Building permits may be issued pursuant to this plan, as noted hereon.  Approval of this plan does not constitute automatic approval of other required permits. 

s. Surveyor’s Certificate.

I, ________________________ , a Professional Land Surveyor registered in the State of Colorado, hereby certify that a survey of the described property was performed by me or under my direct supervision on _________________, 20___;  this plan of (title of rural land use plan) complies with the minimum standards for Land Surveys and Plats as set forth in Section 38-51-101 et seq., C.R.S. 1973 (as amended).

_________________________________  _____________________
Surveyor’s Name                                         License #

(Surveyor’s seal)          

t. Commissioners’ Certificate.

BOARD OF COUNTY COMMISSIONERS’ CERTIFICATE

This rural land use plan, titled ____________________________, was approved and accepted this _______ day of ______________, 20___, by the Board of County Commissioners, Pueblo County, Colorado.

__________________________________________
Chair
ATTEST:  ________________________________
               Clerk of Board

(County Seal)

u. Density Statement.

The density of __________ units has been allocated to ______lots.  Further subdivision is not permitted by zoning.

v. Note the following on the plan when the internal roads are private:

 
 
All internal roads are private.  Maintenance is the responsibility of ____________________________________.  Pueblo County will not plow snow from the roads, or repair the surface of such roads. 


w. Plat Statement.

     If there are any parties who have an interest in, or an encumbrance on, the property described in the Rural Land Use Plan, those parties shall sign and have notarized the following statement or facsimile thereof:

FOR VALUE RECEIVED, the undersigned consents to the (name of Rural Land Use Plan), joins in the dedication of all roads, easements, rights-of-way and access restrictions shown hereon, and subordinates its interest in the property described in this (name of Rural Land Use Plan) to a Rural Land Use Improvements Agreement between the Subdivider and the County of Pueblo executed in conjunction therewith.

Signed the _____ day of _______ 20___.

___________________________________________________
Name and Title

___________________________________________________
Name of Institution with Interest

NOTARY PUBLIC
State of Colorado)
                             S.S.
County of Pueblo)

The foregoing instrument was acknowledged before me this _____ day of _________________, 20__ by (name and title, institution name).  Witness my hand and official seal. 

My Commission expires ________________.
Notary Public:  ____________________________________________.

 

     4. Additional Documentation: In addition to the Rural Land Use Plan, the following supplementary documents shall be required prior to consideration by the Board of County Commissioners.
     a. A letter of intent, signed by the landowner(s) and subdivider(s), if different person, describing the proposed uses, the proposed number of lots, the proposed density of the site, and the total acreage of the site. (1 copy)
     b. Proof of Ownership in the form of a recorded deed. (1 copy). If the property is unplatted or includes a partial lot, a copy of the recorded warranty deed, recorded or signed prior to August 31, 1972, for the same property is required.
     c. A current title commitment or title policy (no older than thirty (30) days from the date of submittal to the Department of Planning and Development). (1 copy)
     d. A letter of authorization from the landowner permitting a representative to process the application, if applicable. (1 copy)
     e. Proof that a water supply sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water for the proposed uses on the property. Proof of Water in the form of a letter indicating that the necessary water taps will be available if supply is through a special district or servicing authority. If the water supply is by wells, the proof shall be provided by a qualified groundwater hydrologist. (Original)
     f. Individual Sewage Disposal System (ISDS) Report if proposing on-lot sewage treatment or a letter from the public or private sewage treatment facilities it can and will provide adequate sewage treatment if such service is to be provided by an existing district. (Original)
     g. Proof of approved access location from the Pueblo County Department of Public Works or from the Colorado Department of Transportation for the proposed road(s) serving the development from a dedicated or maintained County road or from a State Highway to the overall site. (1 copy)
     h. When in a Fire Protection District, proof of Fire Protection in the form of a letter from the local fire protection district indicating their ability to serve the site and if any fire hydrants are needed. (Original) The Fire Protection District has the authority to review private roads for appropriate widths, cul-de-sac radius, etc.
     i. Outside a Fire Protection District, the subdivider shall submit:
        --a description of how purchasers of the lots shall be notified the subject property is not within a Fire Protection District.
        --a fire protection plan for fire mitigation identifying examples such as no wood shingles; said plan is to be reviewed by the Pueblo County Department of Emergency Management and/or Pueblo Regional Building Department.
     j. A Conservation Easement, or similar instrument, specifying all development and land division restrictions, and the duration, maintenance requirements and permitted uses for the open space. (2 copies)
     k. A Rural Land Use Plan Improvements Agreement specifying any conditions related to guarantees and warranties for any and all public improvements. (2 copies)
     l. Right-of-way and roads to be dedicated to the public and petitioned to the Board of County Commissioners for maintenance by the County shall be designed and constructed according to and shall adhere to the Pueblo County Code, Title 12, Roads, Bridges and Public Places, Chapter 12, Roadway Design and Construction Standards.  Required Roadway Design and Construction plans are to be submitted. (2 copies)
     m. Homeowners’ covenants, conditions and restrictions. (2 copies)
     n. Maintenance plan (2 copies) which identifies:
         --Party responsible for maintenance of common areas, facilities, and open space tracts.
         --Items to be included in the maintenance program including but not limited to provisions for snow removal, trash removal, maintenance of recreation facilities, common areas and other amenities.
     o. Original Certification of Taxes Due from the County Treasurer that all ad valorem taxes have been paid.
     p. A Geotechnical Report that provides evidence that all building envelopes, access roads and utilities, and other areas proposed to be disturbed within the project site which may involve soil, topographical, or geologic conditions presenting hazards or requiring special precautions have been identified and that the proposed uses of these areas are compatible with such conditions. Such evidence may include, but shall not limited to snow avalanches, landslides, rock falls, mudflows, unstable slopes or soils, seismic effects, radioactivity, ground subsidence, shallow water table, expansive soils, and areas inundated by the 100-year floodplain. The Geotechnical Report shall be sent to the Colorado Geological Survey for review and comments. The applicant shall pay the fee at the time of submittal as required by the Colorado Geological Survey. (2 copies)