Colorado § 30-28-133.5 - Review of plats and other plans.

§ 30-28-133.5. Review of plats and other plans.

(1) The process for review and approval of any plat or other plan required by section 30-28-133 or 30-28-133.1, for any agreement required by section 30-28-137, or for plans for extensions, betterments, or additions to buildings, structures or plant or other equipment of a public utility under section 30-28-127 shall be conducted pursuant to duly adopted county resolutions, ordinances, or regulations that are available to the applicant prior to commencement of such process. The denial of a plat, plan, or agreement shall be supported by written findings specifying the provisions that the plat, plan, or agreement failed to address or satisfy. The denial of any plat, plan, or agreement shall be based on a failure to conform to the requirements of the adopted resolution, ordinance, or regulation.

(1.5) (a) County resolutions, ordinances, or regulations required by subsection (1) of this section may provide for the delegation by a board of county commissioners to one or more county administrative officials the authority to:

(I) Approve or deny final plats, amendments to final plats, and correction plats insofar as the findings required by section 30-28-133 (6) have previously been made by either the board of county commissioners of the county or by one or more county administrative officials to whom the matter has been delegated in connection with the preliminary plan with which the final plat complies;

(II) Approve subdivision improvement agreements and other agreements required in connection with a final plat, an amendment to a final plat, or correction plat;

(III) Review and approve the data, surveys, analyses, studies, plans, and designs submitted in connection with a final plat, amendment to a final plat, or correction plat; and

(IV) Review and approve any subdivision exemption as authorized by section 30-28-101 (10)(d).

(b) Any delegation of authority made pursuant to subsection (1.5)(a) of this section shall not include:

(I) The approval of any agreement for the expenditure of public funds; or

(II) The waiver or restriction of any appeal process provided by county resolution, ordinance, or regulation.

(c) Any delegation of authority made pursuant to subsection (1.5)(a) of this section must include procedures for public notice and the submission of written comments prior to the administrative approval or denial of a final plat or amendment to a final plat and for the appeal to a board of county commissioners of the county of such administrative approval or denial.

(2) Nothing in this section shall be construed to preclude a county from taking any action permitted by law with respect to the plat, plan, or agreement based on the consideration of the rights and privileges of the owners of subsurface mineral interests and their lessees pursuant to section 30-28-133 (10).

(3) During the administrative review of any plat, plan, or agreement, the county shall make every effort to apprise the applicant of any deficiency or nonconformity in the plat, plan, or agreement prior to any required public hearing. A technical dispute between a licensed or registered professional of the applicant and the county may be referred, at the applicant's request, to a qualified employee in the appropriate state department for a recommendation to facilitate a resolution of the dispute.

(4) The county planning commission or board of county commissioners may request redesign of all or any portion of a plat or plan submitted for approval, but any such request shall be based on specific, objective criteria. If the applicant redesigns the plat or plan in accordance with the request, no further redesign shall be required unless necessary to comply with a duly adopted county resolution, ordinance, or regulation.

(5) Any required public hearing on any plat, plan, or agreement shall be conducted expeditiously and concluded when all those present and wishing to testify have done so. No public hearing shall continue for more than forty days from the date of commencement without the written consent of the applicant. Any continuation of a public hearing shall be to a date certain.

(6) Unless withdrawn by the applicant, any plat, plan, or agreement that has been neither approved, conditionally approved, nor denied within a time certain mutually agreed to by the county and the applicant at the time of filing shall be deemed approved under sections 30-28-127, 30-28-133, 30-28-133.1, or 30-28-137. Such time period may be extended by the county to receive a recommendation from any agency to which a plat or plan was referred pursuant to section 30-28-136, but such extension shall not exceed thirty days unless the agency has notified the county that it will require additional time to complete its recommendation.

(7) Any requirement set forth in this section may be waived in writing by the applicant.

Source: L. 96: Entire section added, p. 1837, § 1, effective June 5. L. 2019: (1.5) added, (HB 19-1274), ch. 399, p. 3539, § 1, effective September 1.

ANNOTATION

A county may deny an application based upon failure to comply with requirements of an adopted resolution, ordinance, or regulation. Such decision will be upheld if competent evidence in the record supports the denial. County Comm'rs of Douglas County v. Bainbridge, 929 P.2d 691 (Colo. 1996).