Chapter 16.12 - Submission and Review of Preliminary Plan

Chapter 16.12 - Submission and Review of Preliminary Plan

16.12.010 Submission.

     Subdividers shall submit required preliminary plan materials and supporting documents of a proposed subdivision at a regular meeting of the Board for approval prior to the submission of a final plat. A receipt shall be issued to the subdivider for the preliminary plan submission.

     Approval of the preliminary plan shall be effective for eighteen (18) months. Thereafter, approval of the preliminary plan will have expired unless a final plat has been submitted to the Board within that eighteen (18) months, or a mutually agreed upon extension has been granted by the Board. Whenever, a final plat is submitted for less than the entire area covered by the preliminary plan, approval of the preliminary plan for the remaining unplatted area shall be extended for an additional eighteen (18) months.

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.

16.12.030 Board action.

The Board shall act upon such preliminary plan within thirty-five (35) days after receipt of the recommendation of the Planning Commission at an official meeting of the Board. Failure by the Board to act within thirty-five (35) days shall be deemed a favorable approval of such preliminary plan and a certificate shall be issued immediately thereafter to that effect.