TOWN OF CASTLE ROCK Development Procedures

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TOWN OF CASTLE ROCK Development Procedures MANUAL

Transcript of TOWN OF CASTLE ROCK Development Procedures

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T O W N O F C A S T L E R O C K

Development Procedures M A N U A L

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Chapter I- Overview

Development Process

The Town of Castle Rock’s land use and development is guided by the Vision 2020 and the Comprehensive Master Plan. The Town’s zoning and land uses are regulated either by individual Planned Developments and their associated Zoning Regulations (see PD Zoning Map) or by straight zoning in the central portion (see Zoning Map). If a property is straight zoned, the land uses and development standards are outlined in Chapters 17.18 through 17.30 of Title 17 of the Town’s Municipal Code. If a property is currently in unincorporated Douglas County, but adjacent to the Town’s boundary, the owner may submit a petition for annexation. Planned Development or Straight Zoning occurs concurrently with annexation.

The Town’s annexation procedures are in Title 20 of the Municipal Code. The zoning and development plan procedures are in Title 17 of the Code, and the subdivision platting regulations are in Title 16. The Land Development General Design Principles (Chapter 17.10) apply to all stages of development within the Town.

Properties that are already in the Town must be developed consistent with their zoning or Planned Development, or an Amendment to the Planned Development Plan or Zoning Regulations must be proposed and approved. Site Development Plans must be approved prior to any commercial or residential development. An Amendment to a Site Development Plan is required for redevelopment, new buildings, building additions, or site improvements. Unplatted properties must have a Plat approved prior to any Building Permits or infrastructure Construction Permits. Prior to building permits for properties in Downtown Castle Rock or the Craig and Gould neighborhood proposals must go through approval with the Historic Preservation Board and/or Design Review Board.

Concurrent processing of applications at all stages of the development review process are allowed. This is at the property owner/developer risk in terms of preparing construction level documents in advance of public hearings, for example. However, concurrent processing shortens the review timelines and works particularly well for small projects. Often times, developers will opt to process a PD Plan Amendment concurrent with a Site Development Plan and then once the public hearing process is completed or nearing completion, submit their infrastructure construction plans and building permit plans for staff review. (Note: Staff cannot issue any construction or building permits prior to Council, Commission or staff approval of development plans.)

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The following flow chart outlines the entire development review process:

Development Process Flowchart

Annexation

Planned Development Plan

or Straight Zoning

Site Development Plan (includes Use By Special Review

and Downtown)

Platting (Non-residential platting can

occur before or after Site Development Plan)

Site Grading and Construction

Building Permit

Infrastructure Acceptance and Certificate of Occupancy

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The following matrix summarizes the review and decision making authority for the different development application types:

Decision Making Authority Application Type Administrative Planning

Commission Other Board Town

Council Quasi-Judicial

Sketch Plan Review and Input Input Input No

Annexation Review and Recommendation

Recommendation Approval No

Zoning/Rezoning Review and Recommendation

Recommendation Approval Yes

Planned Development Plan (including Interchange Overlay)

Review and Recommendation

Recommendation Approval Yes

Planned Development Plan –Major Amendment

Review and Recommendation

Recommendation Approval Yes

Planned Development Minor Amendment (Non-Interface)

Review and Approval

Appeal No

Site Development Plan or Major Amendment (Residential, Interface, or Commercial over 10 acres/100,000 sq. ft.)

Review and Recommendation

Recommendation Approval Yes

Site Development Plan-Administrative (Non-Interface, Commercial under 10 acres and 100,000 sq. ft.) or Minor Amendment

Review and Approval

Appeal No

Downtown: Site Development Plan and Major Amendment

Review and Recommendation

Design Review Board

Appeal Yes

Use by Special Review: Site Development Plan

Review and Recommendation

Recommendation Approval Yes

Use by Special Review-Tenant Finish: Site Development Plan (commercial tenant finish)

Review and Recommendation

Approval Appeal Yes

Plat/Amended Plat Review and Approval

Appeal No

Historic Preservation (Landmarking, DeLandmarking, Demolition, Relocation)

Review and Recommendation

Historic Preservation

Board Recommendation

Approval Yes

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Decision Making Authority Application Type Administrative Planning

Commission Other Board Town

Council Quasi-Judicial

Historic Preservation (Major Alteration)

Review and Recommendation

Historic Preservation

Board Approval

Appeal Yes

Historic Preservation-Administrative (Minor Alteration, Demolition of buildings constructed after 1945)

Review and Approval

Appeals to Historic

Preservation Board

No

Historic District Formation Review and Recommendation

Historic Preservation

Board Recommendation

Approval Yes

Wireless Facility –New Review and Recommendation

Recommendation Approval Yes

Wireless Facility -Co-location

Review and Approval

Appeal No

Skyline/Ridgeline Variance Review and Recommendation

Approval Appeal Yes

Zoning Variance Review and Recommendation

Board of Adjustment /

Appeals to District Court

Yes

Downtown Variance Review and Recommendation

Design Review Board Approval

Appeal No

Building Code Appeal Review and Approval

Board of Building Appeals /

Appeals to District Court

No

Infrastructure Construction Plans

Review and Approval

Appeal No

Technical Criteria Variance Review and Approval

Appeal No

Development Procedures Manual

The Town of Castle Rock Development Procedures Manual is intended to describe the development review, permitting, and inspection process from start to finish. This Manual outlines the steps and processes to be followed at each stage of the development process, providing links to the submittal checklists, standard notes, sheet layout specifications, and technical specifications.

The Town Manager or designee shall be responsible for the administration of all matters relating to development and construction in the Town. The Town Manager or designee is responsible for adopting

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this Development Procedures Manual, related submittal checklists, applications, permits, and handouts for the effective administration of development and construction matters.

The Development Procedures Manual works in conjunction with the Municipal Code and covers all aspects of development planning, design and construction. The “legislative-public hearing” process includes annexation, zoning and development plans that are reviewed by the Planning Commission and approved by Town Council. The “administrative-staff approval” process includes platting, easement and land dedication, as well as commercial development plan review for properties that are not adjacent to residential properties, are 10 acres in size or less, and have a proposed building area that is 100,000 sq. ft. or less.

Public and private infrastructure requires approval of engineered Construction Documents and associated reports. This Manual explains the infrastructure plan review, permitting, inspection, acceptance, and warranty processes as well as the grading, erosion, and sediment control (GESC) permitting process. Finally, this Manual explains the Building and Fire plan review, permitting, and inspection process as well as Sign and Temporary Use permits.

The codes and standards are intended to be comprehensive and user-friendly. The Municipal Code outlines provisions that must be codified, while the Development Procedures Manual is a process guide for property owners, applicants, consultants and contractors. The Technical Manuals provide detailed engineering and landscape design requirements and specifications. The Technical Manuals are intentionally broken out by subject areas so that design professionals can focus on their specific area.

Technical Manuals and Regulations

The technical design specifications contained in the Technical Manuals are adopted by reference in Title 15 of the Municipal Code and include:

• Landscaping and Irrigation Performance Standards and Criteria Manual • Transportation Design Criteria Manual • Water System Design Criteria Manual • Wastewater Collection System Design Criteria Manual • Storm Drainage Design and Technical Criteria Manual • Grading, Erosion and Sediment Control (GESC & DESC) Manual • Construction Methodology and Materials Manual • International Building and Fire Codes (adopted by reference in Title 15)

The Technical Manuals govern over all Public and Private Improvements that are within, or are to be incorporated within, the corporate limits of the Town of Castle Rock, as well as any Public Improvements that may be outside of the Town's corporate limits but are integral to the planned infrastructure systems of the Town. These Manuals will be reviewed annually and updated accordingly based on new standards, technology, or procedural changes. Project Manager Role

The Town of Castle Rock employs a Project Manager model. The submission procedures, and review timeframes expedite efficient reviews of plan sets and reports, providing consistency and predictability to the property owner/applicant. The Project Manager’s role is to ensure communication between the

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applicant’s team, the staff review team, and management team. The Project Manager is responsible for ensuring submissions are complete and, plan sets and reports are routed to the appropriate technical review staff. Review comments are organized and communicated to the applicant’s team within the outlined review timeframes.

Development Application and Construction Plan Review Process

The Administrative (staff) component of the development review process typically consists of:

1. Pre-submittal meeting 2. Submittal meeting and application completeness check 3. Review of the plan sets and reports 4. Comments provided to applicant 5. Applicant makes necessary revisions 6. Re-submittals and reviews (as necessary) until the plan sets and reports meet the codes

If the application requires public hearings, the hearings are scheduled after the administrative review of the application is completed. Appropriate notice must be provided to adjacent property owners and the public.

Pre-submittal/Submittal: The pre-submittal meeting with the Project Manager is an important step to review the applicable procedures, submittal requirements and anticipated timeframes specific for the proposed project. The Project Manager will provide the applicant with a detailed submittal checklist and formatting requirements related to their project for use in preparing the application. At the submittal meeting, the Project Manager reviews the submitted items against this same checklist to ensure that all items are completed, and then reviews the project timeframes and date that comments will be returned to the applicant. All applications will be submitted with one hard-copy of each item, along with one electronic copy (.pdf recommended) of the application materials.

Review Timeframes: The Development Services Department has target review timeframes as described below:

For planned developments, larger site development plans, and infrastructure construction documents, the review process includes: first review of 5 ½ weeks, second review of 3 ½ weeks, and a third and final review typically occurs at the weekly TRC meeting with immediate action. This equates to a total of 10 weeks in staff hands.

For smaller projects and site development plans, the review process includes: first review of 3 ½ weeks, second review 2 ½ weeks, and a third and final review to occur at the weekly TRC meeting with immediate action. This equates to a total of 7 weeks in staff hands.

Review/Comments: For the review, the Project Manager routes the application materials to the internal Town reviewers in various departments, such as Planning, Utilities, Parks, Public Works, Fire, and Building. Some applications are also routed to applicable external review agencies, such as Douglas County, Colorado Dept. of Transportation (CDOT), and utility providers. The Project Manager compiles all of the various comments, and provides these to the applicant in an electronic format. Town comments are referred to as “redlines” as they typically consist of red text boxes of comments directly on the plan set, report or other submitted item. In addition, some comments may be provided in a

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separate written document from the Town. Often a meeting is set up with the applicant to go through the Town comments, or a meeting is set up after the applicant has had a chance to review the items. The intent of this meeting is to go through the comments together and make sure the applicant has a clear understanding of the comments and what changes need to be made for the next submittal.

Revisions/Re-submittal: Once the applicant has made revisions to their application, the Project Manager schedules a re-submittal meeting. At this meeting, the applicant brings their revised application packet, along with written responses to the Town or external review agencies comments. For responses to Town comments, the applicant needs to provide a response to the “redline” comment right next to the Town’s original comment. This can be achieved by using a colored pen to write the response and then scanning the document or inserting a .pdf text box into the document. The intent is to provide a written response that is easily distinguishable from the Town’s comments on the original document; therefore “red” responses are discouraged. Responses such as “don’t agree” or “not changed” are not acceptable, and will result in the submittal not being accepted. The fast review timeframes are made possible because the applicant works with the Project Manager and specific reviewer to resolve issues or comments prior to resubmitting revised documents. Fully addressing all comments ensures that both the applicant’s and Town staff’s time are used in the most efficient manner.

Subsequent Reviews: For the second review, the Project Manager routes the application to the relevant internal departments and external review agencies. Comments are compiled and provided back to the applicant. If there are any revisions still necessary, the applicant goes through the revision and response to comment process again. Typically, projects only need two reviews, plus a special review to resolve remaining issues. If there are minor edits that need to be made, then a “special review” is scheduled and comments are returned at a meeting. If the applicant has made design changes that would require a third or more full reviews, additional review fees are required, per the Development Services Fee Schedule.

Public Hearings: After staff review, if a project requires public hearings, the Project Manager will work with the applicant to schedule public hearings before the Planning Commission, appropriate Board/Commission, and Town Council. Public Notice provided via mailings to adjacent property owners, posting of a sign, and notice on the Town’s web site are required prior to the hearing. (Note: Notice of subdivision applications occurs at the time of submittal.)

Land use applications that go to public hearings are considered quasi-judicial, which means that communication with the decision makers cannot occur outside of the public hearing. Board and Commission members are residents appointed by the Town Council and Town Council members are residents elected, one from each of 7 Council Districts.

Staff prepares a report to accompany the applicant’s plan set, which is assembled and distributed in an agenda packet and posted on the Town’s web site in advance of the meeting. Each land use item is considered a distinct public hearing, which begins with the staff presentation, then the applicant’s presentation of the request, and finally the public has an opportunity to speak regarding the issue. The Planning Commission is a recommending body on most land use applications, meaning it will hear the request and then forward a recommendation to Town Council. The Design Review Board reviews Downtown applications and the Historic Preservation Board reviews applications related to historic preservation and design review in the Craig and Gould neighborhood. Town Council is the final decision

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maker or appeal body in most land use applications. Following approval by a Commission, Board or Council, the applicant complies with any conditions of approval and submits mylars of the plan sets for recordation at the County.

Fees

Application Fees: Application fees are listed in the Development Services Fee Schedule. Development application fees should be made payable to the Town of Castle Rock and submitted with the application form and required submittal documents.

Recording Fees: Fees for the recording of documents must be paid by the applicant and should be made payable to the Douglas County Clerk and Recorder. Recording fees are:

24” x 36” Size Documents = $ 11 for the first page and $10 for each additional page

Letter or Legal Size Documents = $11 for the first page and $5 for the each additional page

Construction Permit Fees: Infrastructure Construction and GESC Permit fees are detailed in the Development Services Fee Schedule. The Inspection fees are based on either the Town approved Engineer’s Cost Estimate of items to be inspected that goes with the Construction Plan set, or based on the acreage of disturbed areas. Unless otherwise specified by a Franchise Agreement with the Town, Use Tax is due with each Permit and is charged in accordance with the Municipal Code, Title 3, Article III. For Infrastructure Construction, it is calculated as ½ the Total Site Costs (which include labor and materials) multiplied by 5%.

Building Permit Fees: The Building permit fee schedule is from Table 1A in the 1997 Uniform Building Code. Use tax is ½ the valuation (materials and labor, or calculated from square footage) multiplied by 5%. Plan review fees are due for custom home, commercial (new and tenant finish), and sign permits when the application is submitted. The remaining tap fees and impact fees for these permits and the total fees for the other types of permits are paid when the permit is picked up. See the Development Services Fee Schedule. (Note: There is a deferral option available for the impact fees on new residential construction; if the deferral option is used, the balance of fees is paid before the final inspections are scheduled.)

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Chapter II- Notice

Neighborhood Meetings (recommended)

Developers are encouraged to hold neighborhood meetings in advance of submitting a formal development application. Town staff must review the notice letter, including a vicinity map, in advance of mailing. Notice of the neighborhood meeting should be sent by US mail to property owners within the adjacent neighborhoods. Notice should also be emailed or mailed to the HOA president for those neighborhoods. Ideally, the neighborhood meeting should be held on a weekday evening and in a location that is convenient for residents in the area to attend.

External Referrals

The Town staff sends out external referrals to outside agencies, jurisdictions, and utilities to solicit input on the application. The referral period is generally 30 days and is timed to coincide with the first staff review so as to not slow down the review process. The comments received as a result of the external referrals will be forwarded to the applicant for consideration of plan/report revisions. The Town staff may forward comments received from external referrals to the Planning Commission and Town Council as part of the public hearing process.

Public Notice

Prior to public hearings, land use applications require the applicant to provide mailed notice to property owners within a minimum of 300 ft. and posting of a sign along the public streets adjacent to the subject property. The Town also provides notice of public hearings on the Town’s web site. The Town may initiate community outreach in an effort to expand notification concerning an application or public hearing beyond the minimum requirements set forth in the Municipal Code. Published notice in the newspaper is required for annexations per State law requirements. Per State law, notice to subsurface mineral rights owners is required 30 days prior to the initial public hearing with Zoning, Planned Development Plans, Site Development Plans and Plats. Plat applications are approved administratively and for this reason, require notice to adjacent property owners at the time of application. All development projects are also identified on the “In Your Backyard” page of the website.

Public Notice Requirements

A. Upon determination of a completed submission of a development application, the types of required notice shall conform to the Public Notice Matrix in the Town of Castle Rock Development Procedures Manual, including: notice by publication in a newspaper of general circulation in the Town of Castle Rock; notice by mail to surrounding property owners; notice by posting a sign on the property; and/or notice by website publication on the Town of Castle Rock website. When public notice is required, such notice shall include:

1. The name of the applicant and/or the property owner;

2. A general description of the location of the proposed development or action;

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3. A brief summary of the requested action and type of application;

4. A statement that the application is available for review at Development Services during regular business hours or on the Town website and the name and email and/or telephone number for the Development Services staff contact;

5. The time, date and location of any public hearings; and

6. The deadline to submit comment or items, for which no public hearing is required, related to the application shall be a minimum of seven (7) calendar days from the date of posting, as set forth in subparagraph (C.) below, and such notice shall include the address where comment may be sent, and to whom such comment should be directed.

B. In addition to the requirements as set forth in subparagraphs 1.- 6. above, the Director may require any additional information as deemed necessary related to such public notice.

C. Public notice is deemed valid the day the notice is posted on the Town’s website; the day the notice appears in the newspaper; the day the written notice is postmarked; and/or the day the property is posted.

D. Applicants must provide to Town staff, certification of mailed and posted notice in the form of affidavits, including a list of the property owners notified by mail and photos of posted signs.

E. Whenever a notice of a public hearing is required, notice shall be provided to the public, pursuant to Town of Castle Rock Municipal Code Section 17.04.060.

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The following matrix depicts the type of notice required for each development application type:

Public Notice

Application Type Neighborhood

Meeting Mineral

Rights Notice (17.04.080)

Website Notice

(17.04.060)

Written Notice

(17.04.060)

Posted Notice

(17.04.060)

Sketch Plan Optional None Yes Yes Yes

Annexation1 Optional None Yes Yes Yes

Zoning/Rezoning Optional Yes Yes Yes Yes

Planned Development Plan (including Interchange Overlay)

Optional Yes Yes Yes Yes

Planned Development Plan Major Amendment or Amending PD Zoning Regulations

Optional Yes Yes Yes Yes

Planned Development Minor Amendment (Non-Interface)

Optional none Yes none none

Site Development Plan or Major Amendment (Residential, Interface, or Commercial over 10 acres/100,000 sq. ft.)

Optional Yes Yes Yes Yes

Site Development Plan-Administrative (Non-Interface Commercial under 10 acres and 100,000 sq. ft.) or Minor Amendment

Optional Yes Yes none none

Downtown: Site Development Plan and Major Amendment

Optional none Yes Yes Yes

Use by Special Review- Site Development Plan and Amendment

Optional Yes Yes Yes Yes

1 Annexations require additional notice pursuant to Chapter 20.02 of the CRMC.

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Public Notice

Application Type Neighborhood

Meeting Mineral Rights Notice

(17.04.080)

Website Notice

(17.04.060)

Written Notice

(17.04.060)

Posted Notice

(17.04.060)

Plat/Amended Plat not necessary Yes Yes Adjacent owners with application submittal

none

Landmark Designation, amendment & removal

not necessary none Yes No 10 days

Landmark Alteration Optional none Yes No 10 days

Demolition or Relocation

not necessary none Yes No 10 days

Design Review – Craig and Gould Neighborhood

Optional none Yes No 10 days

Skyline/Ridgeline Variance

Optional none Yes Yes Yes

Zoning Variance Optional none Yes Yes Yes

Wireless Facility –New Optional none Yes Yes Yes

Wireless Facility -Co-location

not necessary none none none none

Infrastructure Construction Plans

not necessary none none none none

Technical Criteria Variance

not necessary none none none none

Plat Notice. Upon submission of all subdivision plats, the developer shall send out mailed notice to all adjacent property owners. This notice is intended to occur with the initial application submission so that adjacent property owners have ample time to review the requested application and provide input and comments to the subdivider and staff. Developers are also encouraged to hold neighborhood meetings in advance of submitting an application to solicit input from neighborhoods.

The comments and input provided as a part of the administrative notice procedures will be integrated into the staff feedback provided to the developer. If the staff’s decision on the application is appealed

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to Town Council, the comments and feedback provided to staff during the administrative notice process will be forwarded to Town Council as part of the public record for that hearing.

Mineral Rights Notice. The applicant shall provide written notice within 30 days of the initial application for development on a vacant property to all subsurface mineral rights owners. The written notice must be sent via first class US Mail to the mineral estate owner and shall contain a notice letter, which includes the name of the applicant, time and place of the first public hearing (if applicable), the nature of the application, location and legal description of the property that is the subject of the application (Section 17.04.080). The applicant should utilize the Douglas County Clerk and Recorder to determine the names and addresses of the mineral rights owners.

Written notice prior to public hearing. The applicant shall provide written notice 15 days prior to each public hearing to all property owners within 300 ft. of the subject property. The written notice should be sent via first class US Mail and shall contain a notice letter approved by the Town and a copy of the proposed site plan. The applicant should utilize the Assessor Records of Douglas County, Colorado to determine the names and addresses of the property owners within 300 ft.

Posted notice prior to public hearing. The applicant shall post a sign on the subject property facing each adjacent street at least 15 days prior to public hearing; this gives notice to the general public of the upcoming hearing. The signs are provided by the Town. The applicant must post the sign in a location clearly visible from the public on the street and in a secure manner. The applicant should monitor the sign’s condition each day before the hearing to verify that it has not been compromised by wind, weather, or vandalism.

Web Site Notice prior to public hearing. The Town shall post a notice of the hearing on the Town’s web page at www.CRgov.com/notices at least 7 days prior to the public hearing.

Submittal of Affidavits. Three days prior to the public hearing, the applicant must submit to the staff Project Manager, the affidavit of mailing with a copy of the notice letter, site plan and list of mailed property owners, and the affidavit of posting with a photograph of each posted sign. The affidavits are made part of the public record and are subject to public review or review by the Courts during any legal actions that might follow the development application action.

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Chapter III – Early Project Feedback

Preliminary Project Application (optional)

The Preliminary Project Application (PPA) is an optional submission of a development proposal prior to the submission of a formal application. Please contact the Development Services Department to make a PPA application. The purpose of the Preliminary Project Application review is to inform the applicant of applicable procedures, submittal requirements, development standards, infrastructure needs, comprehensive master plan policies, and other pertinent factors affecting the property before the applicant finalizes a development proposal. Some of these factors may or may not include:

• Zoning either straight Zone Districts or Planned Developments (allowed land uses/densities) • Overlay Zone Districts (Downtown -see Chapter 17.42 / Wolfensberger-see Chapter 17.46 /

Skyline/Ridgeline-see Chapter 17.48 / Interchange Overlay-see Chapter 17.44) • Historic Preservation (see Chapter 15.64) • Town’s Vision 2020, Comprehensive Master Plan, and other Master Plans • Douglas County / Town of Castle Rock Land Use Intergovernmental Agreement (defines the

Urban Service Area) • Land Development - General Design Principles (Chapter 17.10) • Residential/Non-Residential Interface Regulations (see Chapter 17.50) (compatibility with

surrounding uses/zoning) • Topography, Existing Vegetation • Floodplain, sensitive environmental areas, Prebles Meadow Jumping Mouse Habitat • Water Rights (see Chapter 4.04) • Street/Utility Infrastructure, Stormwater Improvements (Development Agreement/Subdivision

Improvement Agreement obligations) • Site layout (parking/vehicle access, emergency vehicle access, building heights, setbacks, open

space, buffers)

Materials submitted for review as part of a Preliminary Project Application do not constitute an "application" for development for purposes of vesting as a Site Development Plan. Staff routes PPAs to regularly scheduled internal meetings, and then returns PPA comments to the applicant within 2 weeks of submittal, whenever possible. Staff opinions presented in the Town’s PPA response are informational only and do not represent a commitment or formal action on behalf of the Town.

Submittal Requirements for a Preliminary Project Application (PPA): o PPA Application Form (no fee) o Site plan or sketch of the proposed development o Project description o Any questions the applicant wants to Town to specifically address

Review Process for Preliminary Project Application and Response Comments:

1. The applicant completes the application and provides additional information about their request to the Town Planning staff.

2. Staff reviews and requests appropriate outside referral comments

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3. Staff provides response comments outlining the development process, issues for the applicant to be aware, and responses to questions.

4. If the applicant desires, a meeting can be arranged with staff to review the Town’s comments. 5. If the applicant chooses to proceed with the project, a formal land-use application should be

submitted for the appropriate application(s). A formal response to comments is not necessary with a PPA; however it is expected that the review information is taken into consideration when preparing the land use application(s).

Sketch Plan (optional)

The sketch plan is an optional development plan submission, which is schematic in nature and provides a conceptual vision of a proposed major development. Please contact the Development Services Department with questions regarding the sketch plan process or application. In preliminary fashion, the sketch plan depicts the proposed uses and densities on the property and may include design inspirations, open space analysis, major planned roadways, and other prominent features. Staff will provide feedback to the applicant about their development proposal, and with the applicant’s direction, it can also be reviewed by Planning Commission and Town Council. The sketch plan provides an opportunity for residents, Planning Commission, and Town Council to give an applicant preliminary feedback and the sketch plan does not result in formal action by the Town.

Submittal Requirements for Sketch Plan: (see Sketch Plan checklist) o Application (no fee) o Sketch Plan showing outline of property, proposed land uses/densities, open space, buildings,

streets or drives, parking and landscaping o Narrative describing proposal o Water rights decree (optional) o Economic analysis (optional) o Photos or plans of design inspiration (optional) o Any other relevant supplementary materials (optional)

Review Process for Sketch Plan: 1. Neighborhood Meeting (recommended) 2. Applicant submits application materials. 3. Staff review and external referral to outside agencies, utilities and jurisdictions 4. Staff schedules Sketch Plan to be presented at public meetings with Planning Commission and

Town Council (may be a joint meeting) 5. Public notice (Section 17.04.050) is required prior to the public meeting. 6. Public Meetings with Planning Commission and Town Council (may be a joint meeting) 7. Staff provides applicant with letter summarizing major issues identified by the public, external

review agencies, Town staff, Planning Commission, and Town Council

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Chapter IV – Annexation/Zoning

Annexation

Annexation petitions are required by property owners seeking incorporation into the Town’s jurisdictional boundaries and provision of Town services (see Chapter 20.02). Please direct questions regarding annexation to the Development Services Department. Annexations must be consistent with the Douglas County-Town of Castle Rock Intergovernmental Agreement, the Town’s Comprehensive Master Plan, and other Master Plans. Annexations must comply with the water dedication provision in the Chapter 4.04 of the Municipal Code. Please direct questions regarding water adjudication and dedication to the Development Services Department.

Zoning to either a straight-zone district or Planned Development Plan must occur either simultaneously with annexation or within 90 days following annexation approval. If zoning to a Planned Development Plan does not occur in conjunction with annexation, an Annexation Agreement may be required to guarantee that impacts of the annexation to Town services will be accommodated. Submittal Requirements for Annexation: (see Annexation checklist)

o Annexation Petition o Application and Fee (see Development Services Fee Schedule) o Title commitment, current within 180 days o Water rights decree (or) application for same o 4 copies of the Annexation Map (prepared by Professional Land Surveyor, registered in the State

of Colorado) o Annexation closure calculations o Annexation impact report (annexation > 10 acres) o Proposed Development / Annexation Agreement provisions o Traffic Impact Analysis (may be required)

Review Process for Annexation:

1. Pre-Application meeting with staff. 2. Neighborhood Meeting (recommended). 3. Applicant submits application materials and fees.

Substantial Compliance: 4. Town staff schedules a Substantial Compliance hearing. 5. If the Petition is found to be in substantial compliance, Town Council sets a date by resolution

for the Eligibility public hearing to be held not less than 30 days nor more than 60 days after the date of the resolution setting the hearing.

Eligibility: 6. Town staff publishes notice for four consecutive weeks in a newspaper of general circulation, at

least 30 days prior to the date of the Eligibility hearing. 7. Town staff sends a copy of the published notice, resolution of substantial compliance and

annexation petition to the Board of County Commissioners and County Attorney, to any special districts and the school district by registered mail at least 25 days prior to the date of the Eligibility hearing.

8. The Eligibility hearing is held and the Town Council makes a finding of fact by resolution whether the area proposed for annexation is eligible for annexation.

9. Town staff sends a copy of the Annexation Impact Report, if required, to the Board of County Commissioners within five days following the Eligibility hearing.

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Annexation: 10. Staff reviews application documents and issues response comments and redlines. 11. Town staff sends out external referrals to appropriate agencies and dry utilities. 12. Applicant revises and resubmits (typically one or two times). 13. Town staff schedules an Annexation hearing to be held before the Planning Commission at least

10 days prior to the date of the Town Council Annexation hearing. 14. Town staff schedules an Annexation hearing to be held before the Town Council not later than

180 days from the date of the resolution of eligibility, unless deferred in writing by the petitioner(s). There are specific annexation review criteria (Section 20.02.040) and if the request is water short, the applicant must demonstrate that exceptional qualities (Chapter 4.04) are met.

15. Staff prepares the staff report including a recommendation regarding the Annexation and Development Agreement.

16. Public notice (Section 20.02.020) is required prior to hearings. 17. Planning Commission reviews in a public hearing and makes a recommendation to Town

Council. 18. Town Council reviews in a public hearing and makes the final determination by ordinance,

whether the property is annexed. 19. Water rights adjudication: As a condition of annexation, the petitioner(s) provides evidence that

water rights associated with the property have been adjudicated and dedicate all rights to the Denver Basin groundwater underlying the annexed property to the Town. The Town creates the water bank. (See Section 4.04.050.A of the Municipal Code)

Recording: 20. If approved, applicant submits final documents for recordation, the appropriate recording fees,

and any payments, sureties or dedications required by the Development or Annexation Agreement.

21. Town staff creates the water bank. 22. Town staff files the original executed annexation ordinance and annexation map with the

Douglas County Clerk and Recorder. 23. Douglas County staff files a copy of the annexation ordinance and annexation map with the

State Department of Local Affairs, in the Division of Local Government and with the State Department of Revenue.

Zoning/Rezoning

The Town has residential, business and industrial “straight” zone districts that allow appropriate land uses either by right or as a Use by Special Review. (For the Commercial Land Use Matrix (see Section 17.28.030) Requests for zoning changes can be submitted by petition of the property owner(s) or can be initiated by the Town. Please contact the Development Services Department regarding proposed zone changes.

At the time of annexation, a property owner can choose to request that their property be zoned to either one of the Towns' straight zone districts or a Planned Development. The application can be processed simultaneously with an annexation request, or within ninety (90) days of annexation.

Submittal Requirements for Zoning/Rezoning for straight zone district: o Title commitment, current within 180 days o Application and Review Fee (see Development Services Fee Schedule) o A legal description of the area proposed to be rezoned.

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o A letter outlining the reasons/change in circumstances supporting the rezone and how it complies with the Comprehensive Plan.

o Traffic Impact Analysis may be necessary if the proposed zoning is a higher traffic generator.

Review Process for Zoning/Rezoning changes: Input is sought of the affected property owners and public hearings allow public input. The zoning or rezoning designation request is first reviewed by staff and then a recommendation is forwarded to Planning Commission and Town Council. There are specific zoning approval criteria (Section 17.02.060) that the staff, Planning Commission and Town Council must use to evaluate whether a zoning request should be approved. Public notice (Section 17.04.050) is required prior to the hearings. The Planning Commission reviews the request and makes a recommendation to Town Council, who makes the final determination.

Planned Development Plan

Planned Development zoning is an optional negotiated zoning for a specified property as outlined on a Planned Development Plan. A Planned Development is often required to be accompanied by a Development Agreement that outlines the provisions for public and private infrastructure to support the development. Town Council has the authority to grant variances to Town standards through the approval of a Planned Development Plan. A previously approved Preliminary Planned Development (PPD) is equivalent to a Planned Development Plan. If a property is already annexed and straight-zoned or if an annexation is being concurrently processed, an application for a Planned Development Plan may be submitted. Please contact the Development Services Department with questions regarding Planned Development applications.

Submittal Requirements for Planned Development Plan and Amendments (see PDP checklist): o Application and fee (see Development Services Fee Schedule) o Ownership and Encumbrance Report o Title commitment, current within 180 days o Project Description Narrative Describe compliance with master plan/vision/design guidelines (Interchange Overlay PDs) must describe compliance with Interchange Overlay District

(Chapter 17.44) Demonstrate adequacy of access, roadways, water/sewer, and stormwater detention Describe overall project and benefits Describe impact on surrounding properties

o Mineral Rights Notice (Section 17.04.080) at the time of application submittal o Planned Development Plan showing: land uses, densities, development standards (open space,

floor area ratio (FAR), setbacks and buffers), design standards, major roadway connections) o (Interchange Overlay PDs)- indicate on the proposed planned development how the Interchange

Overlay Development Standards (Chapter 17.44) are met o Planned Development (PD) Zoning Regulations o Land Suitability Analysis Report (LSAR) o Financial Impact Report o Traffic Impact Analysis (or technical update to a Master Traffic Analysis. An access management

plan may be required for developments proposing/affecting multiple access points to the street network.

o Adequacy of water/sewer

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o Concept Utility Letter o Phase I Drainage Report o Proposed Development Agreement provisions (if no Annexation Agreement or if submitted

concurrently with Annexation)

Review Process for Planned Development Plans: 1. Pre-Application meeting with staff. 2. Neighborhood Meeting (recommended). 3. Applicant submits application materials and fees. 4. Town sends out external referrals to appropriate jurisdictions, districts, agencies, and dry

utilities. 5. Staff reviews application documents and issues response comments and redlines. 6. Applicant revises and resubmits one or two times. 7. Staff schedules public hearings and prepares staff report including a recommendation regarding

the Planned Development Plan. Public notice (Section 17.04.050) is required prior to hearings. 8. Planning Commission reviews in a public hearing and makes a recommendation to Town

Council, based on PD Plan review criteria (Section 17.34.030). 9. Town Council reviews in a public hearing and makes the final determination.

Recording: 10. If approved, applicant submits final documents and fees for recordation with

money/sureties/dedications required by the Development or Annexation Agreement. The applicant has 180 days from approval date to submit mylars to the Town for recording.

11. The Town records the Planned Development Plan with the Douglas County Clerk and Recorder. 12. The Town creates the water bank.

Amendment to Planned Development Plan or PD Zoning Regulations

Staff can approve Minor Amendments administratively. A Major Amendment to a Planned Development (or former Preliminary Planned Development PPD) is required to go back through public hearings for review and approval. Any one or more of the following thresholds constitute a Major Amendment (Section 17.36.010):

Introduces new land uses Changes area devoted to any use by more than 10% Changes density or intensity of uses by more than 10% Constitutes a significant change in the design Creates new or additional impacts on adjacent properties Substantively changes the PD Zoning Regulations

Review Process for Amended Planned Development Plans:

1. Pre-Application meeting with staff. 2. Neighborhood Meeting (recommended). 3. Applicant submits application materials and fees. 4. If determined to be necessary by staff, the Town will send out external referrals to appropriate

jurisdictions, districts, agencies, and dry utilities. 5. Staff will review of submittal package documents and issues response comments and redlines. 6. Applicant revises and resubmits (typically one or two times).

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7. Staff approval of Minor Amendments. If staff denies a Minor Amendment, the applicant may appeal to Town Council.

Additional Steps for Major Amendments: 8. Staff schedules public hearings and prepares staff report including a recommendation regarding

the Planned Development Plan. Public notice (Section 17.04.050) is required prior to hearings. 9. Planning Commission reviews in a public hearing and makes a recommendation to Town Council

based on PD Plan review criteria (Section 17.34.030). 10. Town Council reviews in a public hearing and makes the final determination for approval or

denial. Recording:

11. If approved, applicant submits final documents and fees for recordation. The applicant has 180 days from approval date to submit mylars to the Town for recording.

12. Town records the Planned Development Plan with the Douglas County Clerk and Recorder.

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Chapter V – Site Development Plan

Site Development Plan

A Site Development Plan depicts the general layout and configuration of a site, including building footprints, parking and street layout, conceptual landscaping and lighting, site cross section drawings, and building elevations. Please contact the Development Services Department for Site Development Plan questions and applications. The intent of the Site Development Plan is to depict the proposed site layout for the benefit of the public, Planning Commission and Town Council at public hearings (for Downtown properties at the Design Review Board public hearing). The detail of infrastructure, utility, storm drainage engineering, and final landscape and irrigation design is submitted later with the Construction Documents, which is an administrative review process. For properties zoned for commercial, industrial and mixed-use development, subdivision platting can either occur prior to or after a Site Development Plan approval for either an individual lot or assemblage of lots. Properties zoned for residential development must have an approved Site Development Plan prior to subdivision platting. A Site Development Plan must be approved prior to the issuance of building permits. If vesting through the Site Specific Development Plan provisions is requested, then notice must be published within 15 days of approval of a site specific development plan (Section 17.08.090). Unless they are eligible for administrative approval, Site Development Plans must be reviewed by Planning Commission and Town Council in public hearings with final decision resting with Council. (Note: Town Council has the authority to grant technical criteria variances (Section 15.32.040) through the approval of a Site Development Plan.) Staff, Planning Commission, and Town Council use the Site Development Plan review criteria (Section 17.38.040) in addition to the General Design Principles (Chapter 17.10). A Site Development Plan can be approved administratively by staff if non-residential development is proposed and the property is not adjacent to residential (Section 17.50.030), but only if the site is less than 10 acres in size and less than 100,000 sq. ft. of gross floor area is proposed. Use by Special Review (UBSR)

For land uses “by special review” in either straight zones or Planned Development, approval of a Use by Special Review (UBSR) is required as part of the Site Development Plan. A UBSR is a use allowed only after review in a public hearing to ensure that any negative impacts will be properly mitigated and the use will not adversely affect other properties, based on the UBSR review criteria (Section 17.38.050), in addition to the Site Development Plan review criteria (Section 17.38.040) and the General Design Principles (Chapter 17.10). Land uses that require a Use by Special Review are listed in the applicable zoning for the intended use area. If the area is a Planned Development, please refer to the specific zoning language in the approved PD. “Straight zoned” commercial property follows the Land Uses (Section 17.28.030) in the Municipal Code. Use by Special Review must be granted prior to building permits and occupancy of the space. Planning Commission reviews all UBSR applications in a public hearing following public notice (Section 17.04.050). The Commission is the final decision maker for UBSR’s that only involve tenant finish in a commercial center. With all other UBSR applications, the Commission forwards a recommendation to Town Council who makes the final decision.

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Downtown

Site Development Plans that are for Downtown properties are reviewed and approved by the Design Review Board (Section 17.42.090) based on compliance with the Downtown Overlay (Chapter 17.42); appeals to Design Review Board decisions are heard by Town Council. Please contact the Development Services Department with questions regarding proposed changes to Downtown buildings, facades, or site improvements.

Amendments to Site Development Plan

A Major Amendment to a Site Development Plan is required to go through Public Hearings for review and approval, unless the original Site Development Plan was processed administratively. Minor Amendments can be approved administratively by staff with appeals to Planning Commission and then Town Council. If a property is already developed and the owner wants to make a building or site modification, submittal of a Site Development Plan is required for review and approval, the proposed modification will be assessed to see if it meets any of the following thresholds below for Major Amendment; if it does meet these thresholds, and if it does not meet the criteria for administrative approval for an original Site Development Plan, then it must go through Public Hearings for review and approval. (Section 17.38.030)

Any one or more of the following thresholds constitute a Major Amendment (Section 17.38.060):

New building construction or building additions greater than 5% of the existing building gross floor area or 2,000-sq. ft., whichever is less

Changes in the area devoted to any use by more than 10% Increases the density or square footage of uses by more than 10% or decreases the

density or square footage of uses by more than 20% Reduces open space by more than 5% Constitutes a significant change in any portion of, or all of the design elements of the

SDP Creates new or additional impacts on adjacent properties

An amendment is also considered “Major” if it meets any of the criteria set forth in Chapter 17.50 (Residential/Non-Residential Interface) (Section 17.50.030), with the exception of minor revisions that do not affect residential properties such as but not limited to:

signs facing commercial properties or streets minor site or parking modifications building remodel/painting or building additions under 10% of the existing floor area outdoor dining areas/patio covers additional landscaping or new planters, walls and fences screening of mechanical units, trash enclosures, or loading docks

Submittal Requirements for Site Development Plan or Amendment (see SDP Checklist): o Application and fee (see Development Services Fee Schedule) o Title commitment (current within 180 days)

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o Project narrative o Compliance with Comprehensive Master Plan/Vision 2020/General Design Principles

(Chapter 17.10) o Compliance with Municipal Codes and Technical Manuals o Overall project benefits and impact on surrounding properties o Provision of infrastructure o Any areas of non-compliance with guidelines or manuals and variances to technical

manuals o Site Development Plan, including: Land uses, number of lots/units, site coverages, open space,

building square footage, number of units, minimum building and parking setbacks, public land dedications, street cross sections, site layout, buffers, building configuration, façade elevations, signage, overall grading plan, overall utility plan, general lighting plan, conceptual landscape plan

o Land Suitability Analysis Report (LSAR) o Traffic Impact Analysis o Phase II Drainage Report o Preliminary Utility Report o Auto-turn exhibit (reflecting adequate turning radii for Fire apparatus and trucks)

Review Process for Site Development Plan: 1. Pre-Application meeting with staff. 2. Neighborhood Meeting (recommended). 3. Applicant submits application materials and fees. 4. Town sends out external referrals to appropriate jurisdictions, districts, agencies, and dry

utilities 5. Staff reviews submittal package documents and issues response comments and redlines,

including any external comments that may be received 6. Applicant revises and resubmits (typically one or two times). 7. For projects that can be processed administratively, staff issues approval or denial. If staff

denies a Site Development Plan, the applicant may appeal the decision, which is reviewed by Planning Commission and Town Council as described below.

Additional steps for Public Hearings: 8. Once revisions have been made to any staff comments, applicant resubmits, staff schedules

public hearings and prepares staff report including a recommendation regarding the Site Development Plan.

9. Public notice is required prior to hearings (Section 17.04.050) 10. Planning Commission reviews in a public hearing and makes a recommendation to Town

Council. 11. Use by Special Review applications are reviewed by Planning Commission with a

recommendation to Town Council. If a UBSR is a tenant finish in a commercial center, the Commission decides, with appeals going to Council. (Section 17.38.050)

12. Town Council reviews Site Development Plans in a public hearing and makes the final determination for approval or denial. (Section 17.38.040)

13. Downtown Site Development Plans are reviewed and approved only by the Design Review Board. The applicant may appeal the Design Review Board’s decision to Town Council. (Chapter 17.42)

Recording: 14. If Site Development Plan is approved, the applicant prepares mylars, signs and submits to the

Town for recording, along with recording fees check. The applicant has 180 days from approval date to submit mylars to the Town for recording.

15. Town records the Site Development Plan with the Douglas County Clerk and Recorder.

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Wireless Facilities

All new facilities require a Use by Special Review (USBR) site plan, which is submitted to the Development Services Department for review and then reviewed by Planning Commission and must approved by Town Council before a new facility may be constructed within the Town. Co-locations can be approved administratively in the Development Services Department as an amendment to the existing Use by Special Review prior to issuance of a building permit. See Personal Wireless Service Facilities (Chapter 17.60)

Submittal Requirements for Wireless UBSR (see Wireless UBSR checklist): o Application and fee (see Development Services Fee Schedule) o Title commitment (current within 180 days) o Site plan including land uses, property lines, setbacks, location, height and design of tower,

antennas and equipment, building elevations, easements, streets and right-of-ways, access and parking, landscaping and screening, walls and fences, colors and lighting

o Notarized letter stating that antenna usage will not interfere with any neighboring transmission or reception functions and that facility will comply with all applicable standards and regulations

o Proof that provider is licensed by the FCC o Proof of any existing leases for telecommunications facilities

Review Process for Wireless UBSR:

1. Neighborhood meeting (recommended) 2. Determine appropriate location (see Sections 17.60.030 thru 17.60.060) 3. Applicant submits Wireless Use by Special Review application and fee. 4. Staff review of submittal package documents in relation to review criteria in Section 17.60.080

and 17.60.090 and issues approval or denial. 5. Applicant revises and resubmits (typically one or two times). 6. If it is a co-location, staff can approve administratively (denials can be appealed to Town Council

as set forth in Section 17.04.110). Additional steps for Public Hearings:

7. If it is a new facility, a public hearing before Planning Commission will be scheduled. Commission makes a recommendation to Town Council. Public notice is required (Section 17.04.050).

8. Town Council reviews in a public hearing and makes the final determination for approval or denial.

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Chapter VI - Variances

Zoning Variance

Many Planned Developments allow administrative (staff) approval of variances under 10% of the requirement, such as setbacks. All other code deviations must either be approved on a Site Development Plan or Planned Development by Town Council, or as a separate variance application to the Board of Adjustment. Please contact the Development Services Department for zoning variance questions and applications.

The Board of Adjustment is responsible to hear and decide requests for zoning and sign variances (Section 17.06.020) based on specific review criteria for zoning variances or for sign variances (Section 19.04.080). The Board of Adjustment also hears and decides variances reasonable accommodations for persons with a disability (Section 17.06.020). Finally, the Board of Adjustment is responsible for hearing appeals to any order, requirement, decision or determination made by administrative official (Section 17.06.020). Decisions of the Board of Adjustment are final subject to judicial review. Unless otherwise approved, the applicant has six months to apply for a building permit in accordance with the variance, and all new construction shall be completed within one year from the time the building permit is issued (Section 17.06.020).

Submittal Requirements for Zoning Variance: o Application and fee(see Development Services Fee Schedule) o Proof of Property Ownership/Approval of Property Owner o Site plan and/or architectural drawings showing property lines, setbacks, location of existing

structures, location or proposed/new structures on the subject property and building elevations, and photos, as necessary.

o Narrative stating the applicants’ request. If the applicant is requesting a variance from the Municipal Code regulations, the narrative should include a description of the practical difficulty or unnecessary hardship caused to the applicant if strict enforcement of the regulations is applied.

Review Process for Zoning Variance: 1. Applicant submits the application, filing fee, and other documentation. 2. For variances that can be processed administratively, staff issues approval or denial. If staff

denies a variance, the applicant may appeal the decision, which is reviewed by the Board of Adjustment as described below.

3. For variances that must be reviewed by the Board of Adjustment, the applicant must comply with the public hearing notice requirements in Section 17.04.050.

4. The Board of Adjustment reviews the request in a public hearing and approves, approves with conditions, or denies the variance.

5. If the variance is approved, the Board of Adjustment formulates a written finding as part of the record, stating the practical difficulties or unnecessary hardship involved and whether adverse effect on public health, safety and welfare, is caused by approval of the applicants’ request. The Board of Adjustment has final authority, subject to judicial review in District Court.

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Downtown Variance

A variance to the provisions outlined in the Downtown Overlay District, (Chapter 17.42) must be submitted to staff for review and then reviewed and approved by the Design Review Board. Often times, Downtown variances are processed concurrently with Downtown Site Development Plan. Please contact the Development Services Department with questions regarding proposed changes to Downtown buildings, facades, or site improvements. Submittal Requirements for a Downtown Variance:

o Application form and fee ($50) o Justification about how the request meets the Downtown Design Review Board Variance

criteria, Section 17.42.100 C. Review Process for Downtown Variance:

1. Staff review of requested variance 2. Public hearing before the Downtown Design Review Board, which is typically in conjunction with

Site Development Plan review.

Skyline/Ridgeline Variance

The Town’s skyline/ridgeline ordinance protects vistas and natural features by limiting building heights, requiring earth tone colors, evergreen trees and limited lighting (See Skyline/Ridgeline map and Chapter 17.48). Requests for variances to the skyline/ridgeline ordinance are heard by the Planning Commission with appeals to the Town Council. Please contact the Development Services Department with questions regarding proposed skyline/ridgeline application.

Submittal Requirements for Skyline/Ridgeline Variance: o Application form for skyline/ridgeline variance o Application fee ($500 for initial lot and $10 for each additional lot) o Site plan, architectural facade drawings, renderings, photographs, photo-simulations,

Geographic Information System (GIS) mapping simulations. o Narrative stating the applicants’ request and rational for the variance in comparison to the

criteria (Section 17.48.090 C).

Review Process for Skyline/Ridgeline Variance: 1. Applicant submits the application and filing fee 2. Staff reviews the request and makes any comments on the application. 3. The applicant must comply with the public hearing notice requirements in Section 17.04.050. 4. The Planning Commission hears the request in a public hearing and based on the review criteria

in Section 17.48.090 C., and either approves, approves with conditions, or denies the variance. 5. Appeals to the Planning Commission’s decision must be filed within 30 days (Section 17.48.090

B). Those appeals are heard by the Town Council in a public hearing who makes the final decision.

Technical Criteria Variance

A technical criteria variance is a deviation from a provision in the Town’s technical manuals (Section 17.32.050). Variances to any of the provisions in the Town’s technical manuals can be approved either administratively, or by Town Council following appeal of an administrative decision. Exceptions from

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the provisions of the technical manuals are considered on a case-by-case basis for specific applications only, and shall not establish a precedent for any other project or future development. Please contact the Development Services Department for technical criteria variance questions and applications.

Typically, a technical criteria variance is submitted with a Site Development Plan or Construction Documents and is reviewed concurrently. A property owner/applicant may choose to request Town Council’s approval of a fundamental design element in conjunction with the Planned Development Plan or Site Development Plan; staff will provide an analysis of the requested variance to Council. If a technical variance is denied by the staff, the applicant may choose to appeal an administrative denial to the Town Council (Section 17.04.110).

Submittal Requirements for Technical Criteria Variance:

o Completed technical criteria variance application form (no fee). o Criteria from which the variance is sought. o Identification of the alternative design, improvement, or construction technique proposed to be

used. o Supporting documentation including: justification for variance including how the intent of the

criteria is still being achieved, related calculations, plan sheets, details, exhibits, etc. o The variance request shall be signed by the owner, and the engineer or design professional.

Review Criteria for Technical Criteria Variances (Section 17.32.050 C): A technical criteria variance may be approved if one or more of the following criteria are met:

a. The standards may be met by an alternative method that is demonstrated to have an equivalent or better function and meet the same objective;

b. Physical constraints exist, such as steep topography or other natural hazards, which limit the ability to install the improvement, would limit healthy plant growth, or could cause safety concerns;

c. Site conditions, including geology, topography, indigenous soils, or issues related to environmental impacts or wildlife habitat, may be better addressed through the alternative proposal.

Documentation of a Technical Criteria Variance:

Technical criteria variances shall be documented on Construction Drawings for construction and inspection purposes and on Record Drawings for operational purposes. All variances on a project shall be listed on Site Development Plans and Construction Drawings including: the Variance Number, description of the Variance, any conditions of approval, and the approval date.

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Chapter VII – Historic Preservation

The Town has a Historic Preservation Plan and Ordinance, which requires review and approval of building and façade changes within the historic Downtown and Craig and Gould area. Property owners can opt to apply for landmark designation if the building has historical significance and integrity as assessed by a property survey. Landmarking can make the property eligible for local and state historic preservation grants. Please contact the Development Services Department regarding all Historic Preservation questions and applications.

Landmark Designation or Amendment

Town Council may designate as a landmark an individual structure or an integrated group of structures and features on a single lot or site having special historical or architectural value (Section 15.64.080). A property owner desiring to obtain landmark designation may file a nomination application with the Development Services Department. Submittal Requirements for Landmark Designation or Amendment:

o Application and fee (see Development Services Fee Schedule) o Justification that landmark meets historic significance and integrity criteria for designation o Current photographs of proposed landmark o Cultural resource survey (may be provided by Town of Castle Rock) (see Section 15.64.080 D).

Review Process for Landmark Designation or Amendment:

1. Applicant submits landmark nomination package and fee 2. Staff reviews cultural resource survey and application for conformance with landmark criteria. 3. The applicant must comply with the public hearing notice requirements in Section 15.64.080 E. 4. Historic Preservation Board recommendation based on criteria in Section 15.64.080 C. 5. Town Council approval or denial in a public hearing, following proper notice (see Section

15.64.080 F). Recording:

6. The Town will record with the Douglas County Clerk and Recorder, the Council’s designating Ordinance together with a summary of penalties and sanctions for violating the landmarking provisions (Section 15.64.080 G).

Removal of Landmark Designation

A property owner may request removal of landmark status on a property, and Town Council will make a determination on the request (Section 15.64.100). Submittal Requirements for Removal of Landmark Designation:

o Application and fee (see Development Services Fee Schedule) o Justification that landmark no longer meets historic significance and integrity criteria and that

removing landmark status will have a positive effect on adjacent properties o Current photographs of property o Cultural resource survey (may be provided by Town)

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Review Process for Removal of Landmark Designation: 1. Applicant submits landmark designation removal package and fee. 2. Staff reviews cultural resource survey and application for conformance with criteria in Section

15.64.100 B. 3. Historic Preservation Board recommendation following public notice. 4. Town Council approval or denial in a public hearing.

Landmark Alteration

All new construction and exterior alterations that change the visual appearance of a landmarked structure must be approved by the Historic Preservation Board except for minor alterations to a single feature that do not dramatically alter the appearance of the structure, which can be approved administratively (Section 15.64.140). The intent of the architectural drawings is to depict the proposed changes for the benefit of the public and the Historic Preservation Board at public hearings. The details of construction occur at the building phase, which is an administrative process. Submittal Requirements for Landmark Alteration:

o Application and fee (see Development Services Fee Schedule) o Architectural drawings showing property lines, setbacks, location of additions, building

elevations, materials and colors (site plan may be required) o Justification that alterations meet the Secretary of Interior’s Standards for Rehabilitation, will

not destroy character-defining features of the structure, are not incompatible with the character of the landmark and will not change an integral part of the structure recognized at the time of landmark designation

o Current photographs of property Review Process for Landmark Alteration:

1. Applicant submits landmark alteration package and fee. 2. Staff reviews architectural drawings (and site plan, if required) for conformance with criteria in

Section 15.64.140 C. 3. Applicant revises and resubmits (typically one or two times). 4. Historic Preservation Board approval in public hearing or administrative approval for minor

alterations (Section 15.64.140 D). 5. Staff denial may be appealed to the Historic Preservation Board, and Board denial may be

appealed to Town Council (Section 15.64.140 F). Demolition or Relocation of Non-Landmarked Structures

If a structure was built after 1945, or is determined by a historical survey to not possess enough historical significance and/or integrity for landmark designation, a demolition or relocation permit may be obtained through the Development Services Department (Section 15.64.090). If a structure was built prior to 1945 in Downtown or the Craig and Gould neighborhood, Town Council approval is required for demolition or relocation.

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Submittal Requirements for Demolition or Relocation of Non-Landmarked Structures: o Application and fee (see Development Services Fee Schedule) o Justification that the structure does not meet the landmark criteria, that its demolition or

relocation would have a positive effect on adjacent properties, that deterioration of property has progressed to the point where it is not economically feasible to rehabilitate the property and/or that relocation (rather than demolition) has been investigated

o Current photographs of property o If relocation is proposed, information on plans for property that structure is moved from and

receiver site o Cultural resource survey (may be provided by Town)

Review Process for Demolition or Relocation of Non-Landmarked Structures:

1. Applicant submits demolition or relocation package and fee. 2. Staff reviews cultural resource survey and affected sites for compliance with criteria in Section

15.64.090 B. 3. Historic Preservation Board recommendation in public hearing. 4. Town Council approval or denial in public hearing.

Design Review in the Craig and Gould Neighborhood

New construction and design review of non-landmarked structures in the Downtown area require approval of the Downtown Design Review Board (Chapter 17.42). New construction and exterior alterations that change the visual appearance of non-landmarked structures located within the Craig and Gould neighborhood must be approved by the Historic Preservation Board except for minor alterations to a single feature that do not dramatically alter the appearance of the structure, which can be approved administratively (Section 15.64.200). The intent of the architectural drawings is to depict the proposed changes for the benefit of the public and the Historic Preservation Board at public hearings. The details of construction occur at the building phase, which is an administrative process. Submittal Requirements for Design Review:

o Application and fee (see Development Services Fee Schedule) o Architectural drawings showing property lines, setbacks, location of additions, building

elevations, materials and colors (site plan may be required) o Justification that alterations meet the Secretary of Interior’s Standards for Rehabilitation, Castle

Rock Style, Castle Rock Design and F.R.E.S.H. standards o Current photographs of property

Review Process for Design Review:

1. Applicant submits design review package and fee. 2. Staff reviews architectural drawings (and site plan, if applicable) for conformance with criteria in

Section 15.64.200 C. 3. Applicant revises and resubmits one or two times. 4. Administrative approval for minor alterations (Section 15.64.200 D). 5. Historic Preservation Board approval in public hearing (Section 15.64.200 E). Board denial may

be appealed to Town Council (Section 15.64.200 F).

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Section VIII – Plats/Easements/Right-of-Way

Plat/Amended Plat

Subdivision platting is the process of creating legally described lots that can then be sold to separate property owners. See Plat Procedures and Administration (Chapter 16.04). The final product resulting from this process is a subdivision “plat”, which is signed by all owners and mortgagees, the Town official, and then recorded at the Douglas County Clerk and Recorder’s office. Lots cannot be conveyed to another party until the plat is recorded. Please contact the Development Services Department for platting, easement, and right of way vacation applications.

A site is eligible for platting if it has an approved Planned Development Plan or Preliminary Planned Development (which are recognized as being equivalent). For properties zoned for commercial, industrial and mixed-use development, subdivision platting can either occur prior to or after a Site Development Plan for either an individual lot or assemblage of lots is approved. Properties zoned for residential development must have an approved Site Development Plan prior to subdivision platting. A subdivision plat depicts the boundary of a subdivision through legal description and reference to the Section, Township and Range. The plat shows configuration of blocks, lots, streets and tracts; the plat also dedicates public right-of-way, easements and land dedications. (Note: Amendments to a previously approved Preliminary Plat are processed as a Site Development Plan Amendment.) The plat or amended plat are reviewed and approved administratively. Signed mylars are recorded at the Douglas County Clerk and Recorder’s office and lots are then reflected in the County Assessor’s records.

A plat or amended plat may be required to be accompanied by an Improvement Agreement to guarantee the completion of public infrastructure improvements (Section 15.50.030). An Improvement Agreement is a legally binding contract between the land owner(s) and the Town which generally establishes the land owner’s commitments to provide public improvements for the plat (see Improvement Agreement template). The Improvement Agreement is recorded at the Douglas County Clerk and Recorder’s office and the requirements of the Improvement Agreement pass to any subsequent land owners.

Submittal Requirements for Plat/Amended Plat: o Application and fee (see Development Services Fee Schedule) o Title commitment, current within 180 days o Plat o Closure calculations for plat o A Letter of Map Revision (LOMR) application for any proposed modifications to the FEMA-

designated one-hundred-year floodplain. o Construction plans and cost estimate for all public improvements, including plan review fees

(See Construction Documents) o Updated Traffic Impact Analysis (unnecessary if analysis was submitted/approved previously

with site plan) o Phase III Drainage Report (with Construction Document submittal) o Final Utility Report (with Construction Document submittal) o Applicant suggested Subdivision Improvement Agreement (SIA) provisions (if applicable)

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Review Process for Plat: 1. Applicant submits plat application and fees 2. Town sends out external referrals to appropriate jurisdictions, districts, agencies, and utilities 3. Staff reviews submittal documents and the Development Agreement for the property (if

applicable) and issues comments and redlines, including any external comments that may be received. Staff also issues a draft of the Improvement Agreement for the applicant to review.

4. Applicant revises and resubmits (typically one or two times) 5. Staff issues approval or denial. (Note: Staff denials may be appealed to Town Council) 6. If the Plat is approved, then mylars can be prepared, signed and submitted to the Town for

recording, along with recording fee check. 7. Applicant submits signed Improvement Agreement (and any payments that may be due with the

recording of the plat, either by Improvement Agreement or Development Agreement obligations) along with recording fees.

Recording 8. Town records Plat, SIA, and water rights deed (if applicable) at the Douglas County Clerk and

Recorder. 9. Following plat recordation, the site is eligible for Site Development Plan. If the Site

Development Plan is already approved, the applicant can proceed with Construction/GESC Drawings, Construction/GESC Permits and Building Permits.

10. Plats must be recorded within 180 days of staff approval, unless a one-time extension is applied for and approved.

Addressing

Proposed street names and addresses must be submitted to Development Services for review and approval. Street names and address must comply with the Town of Castle Rock-Policy for Street Naming and Property Addressing as well as the Douglas County Addressing and Street Naming Manual. The Town will refer the proposed addressing scheme to the Town and County GIS Divisions, as well as Emergency Service providers for input during the review process. Final street and address assignments will be made at the time of plat recordation.

Plat Modification

Plat modification means the consolidation of two or more lots for purposes of creating a single development lot, where all individual lots are held in common ownership; a minor adjustment or elimination of a lot line; or changes due to minor errors or omissions. A plat modification is processed administratively by staff and generally does not require an Improvement Agreement, Construction Drawings, or technical reports.

Submittal Requirements for Plat Modifications: o Application and fee (see Development Services Fee Schedule) o Ownership and Encumbrance Report, current within 180 days o Plat Modification Form

Review Process for Plat: 1. Applicant submits plat modification application and fees

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2. Town sends out external referrals to appropriate jurisdictions, districts, agencies, and utilities (when applicable)

3. Staff reviews and issues approval or denial. (Note: Staff denials may be appealed to Town Council.)

4. If the plat modification is approved, then plat modification form can be prepared, signed and submitted to the Town for recording, along with recording fee check.

Recording: 5. Town records plat modification at the Douglas County Clerk and Recorder.

Easement Abandonment/Reconfiguration

Easement abandonments and reconfigurations where improvements have been constructed must be approved by Town Council in a public hearing. All other easement abandonments and reconfigurations previously accepted by the Town by plat dedication or separate instrument may be approved administratively by Town staff, and the intent to abandon such property interests may be designated on the face of the subdivision plat or replat. Submittal Requirements for Easement Abandonment / Reconfiguration:

o Application and fee (see Development Services Fee Schedule) o Legal description and exhibit for requested easement abandonment or plat.

Review Process for Easement Abandonment/Reconfiguration:

1. Applicant submits easement abandonment application, fee, legal description, and exhibit. 2. Town sends out external referrals to appropriate jurisdictions, districts, agencies, and utilities

(when applicable). 3. Staff reviews submittal package documents and issues response comments and redlines. 4. Applicant revises and resubmits. 5. Administrative review and approval; denials may be appealed to Town Council.

Additional steps for Town Council approval of easement abandonments:

6. Town Council reviews the requested abandonment in a public hearing and after two readings, either approves or denies the request.

Recording: 7. Recordation of replat and/or quitclaim deed. Applicant pays recording fees.

Right of Way Vacation

Requests to vacate public right-of-way must demonstrate that adjoining properties have an alternative means of ingress and egress and that public and private utilities and/or appurtenances located within the right-of-way to be vacated, shall retain easements for their continued use.

Only the Town Council is authorized to vacate dedicated streets and other public right-of-ways that have been improved and opened for public use. Such requests must be approved by ordinance, which requires two readings. All other right-of-way vacations previously accepted by the Town by plat dedication or separate instrument may be approved administratively by Town staff, and the intent to abandon such property interests may be designated on the face of the subdivision plat or replat.

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Submittal Requirements for Right-of Way-Vacation: o Application and fee (see Development Services Fee Schedule) o Legal description and exhibit prepared by a Registered Land Surveyor for requested right-of-way

vacation Review Process for Right-of-Way Vacations:

1. Applicant submits right-of-way application, fee, and legal description/exhibit. 2. Town sends out external referrals to appropriate jurisdictions, districts, agencies and utilities

(when applicable). 3. Staff reviews submittal documents and issues response comments and redlines. 4. Applicant revises and resubmits. 5. Administrative review and approval; denials may be appealed to Town Council.

Additional steps for Town Council approval of right-of-way vacations:

6. Town Council reviews the requested vacation in public hearings and on second reading, either approves or denies right-of way vacation.

Recording: 7. Recordation of replat and/or right-of-way vacation ordinance. Applicant pays recording fees.

Right-of-Way Encroachment

Submittal Requirements for a Right-of-Way Encroachment: o Application and fee (see Development Services Fee Schedule) o Diagram showing encroachment. o Proof of liability insurance naming the “Town of Castle Rock” as an additional insured party.

Review Process for Right of Way Encroachment: 1. Staff review and approval.

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Chapter IX – Site Grading/Construction

Once an area has received the required zoning and site planning approvals, then the site may be eligible to begin construction of the necessary improvements. Construction permits are submitted to the Development Services Department, located at 100 N. Wilcox Street. Staff will review the Construction Documents (CDs) for the proposed infrastructure to support the proposed development, along with the erosion and sediment controls (GESC) that are necessary during construction. Often this review is done in conjunction with a proposed Final Plat that may depend on this infrastructure to create viable lots. If the area has already been platted, then CDs may be needed to provide the site specific infrastructure once a known user has been identified.

Review Timeframes: The Development Services Department has target review timeframes as described below:

For planned developments, larger site development plans, and infrastructure construction documents, the review process includes: first review of 5 ½ weeks, second review of 3 ½ weeks, and a third and final review typically occurs at the weekly TRC meeting with immediate action. This equates to a total of 10 weeks in staff hands.

For smaller projects and site development plans, the review process includes: first review of 3 ½ weeks, second review 2 ½ weeks, and a third and final review to occur at the weekly TRC meeting with immediate action. This equates to a total of 7 weeks in staff hands.

Construction Documents (CDs) include the site Construction Plans that are engineering drawings depicting public and private site infrastructure and improvements, including streets, building and parking areas, grading, utilities, storm water facilities, easement exhibit and legal descriptions, landscaping and irrigation systems. CDs also include the Engineer’s Cost Estimate for the project, along with necessary technical design reports, such as the Final Utility Reports, Phase III Drainage Reports, and updates to Traffic Impact Analysis when needed. The Construction Plans are the final detailed design of the site, and should match the intent of the Site Development Plan (SDP) or previously approved Final PD Site Plan (FPD). If major elements of the proposed site vary from what was approved in a development plan, the applicant may need to amend the development plan. Generally though, if the major elements meet the intent of the approved development plan, the final designs are approved through the CD level. The CDs will serve as the final approved documents for the site and infrastructure design, until the project is completed and Record Drawings are submitted to the Town.

The detailed design of the project should follow the design criteria listed in the Town Technical Manuals. If any exceptions to the technical criteria (previously called Public Works Variances) are requested, the technical criteria variance should be submitted with the CDs for review. If a technical criteria variance was approved with a prior site planning step, then this approval should be included in the Construction Plan set. See the section earlier in this manual on Technical Criteria Variances for the submittal process and required documentation.

If the applicant is proposing to phase the project’s infrastructure construction, the phasing plan will need to demonstrate that each phase is independently sustainable. This may require adequate water main loops, street access, temporary fire apparatus access roads, and turnarounds that meet the Fire Department’s requirements for dead-end fire apparatus access roads, and meet other review criteria,

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such as not having too many homes on a dead-end road without residential sprinklers being installed. Town Staff will provide phasing comments during the review of the CDs.

In some cases, an applicant may choose to request a Construction Permit for grading activities, ahead of the full site construction permit. The requirements for this scope of work would follow the regular CD process listed below, however the plan set and cost estimate would only address the proposed grading activities. Final Utility Reports and Phase III Drainage studies would not be required until the full site construction plans were submitted. Grading activities also require a regular Grading, Erosion, and Sediment Control (GESC) document review and permit, as listed in following sections.

Construction Documents (CDs) Review

The following items are needed for a complete submittal of the Construction Documents (CDs) and must be prepared by a Colorado licensed Professional Engineer. For details on the required contents of the construction plans or supporting technical reports, please refer to the detailed checklists and the design criteria in the applicable Technical Manual. (Note: Grading, Erosion, and Sediment Control (GESC) plan review is also required and the GESC permit needs to be applied for with or ahead of the Construction Permit.) See the following section for the GESC review information. Submittal Requirement for CDs:

o Application o Review fee (see Development Services Fee Schedule) o Submittal Checklist, completed by applicant o If any work is proposed on land not owned by the applicant, a letter of approval from

the land owner is required. o Project narrative/letter

Describe compliance or variations from approved Site Development Plan (SDP), or previously approved Final PD Site Plan (FPD).

Clearly identify any areas that vary from the approved Site Development Plan, the causes for the variation and how the variations impact surrounding properties,

Describe compliance with Technical Manuals and list any proposed technical criteria variances,

o Construction Plans containing the site design details, including the overall site plan; applicable phase plans; roadway plan/profile; utility plan/profiles; stormwater facility plan/profiles; grading plan; signage, striping and lighting plans; final landscape and irrigation plans; and all applicable construction details and notes.

o Updated Traffic Impact Analysis (if needed) o Phase III Drainage Report o Final Utility Report o Engineer’s Cost Estimate, using Town standard template o Technical Criteria Variance requests – If applicant is proposing any deviations from the

Technical design criteria in the Technical Manuals. Submit the appropriate supporting information and Technical Criteria Variance form with the submission of your CDs

o Checklists used for Plan preparation and all reports o Easement legal descriptions and exhibits – if the proposed project requires any new

easements that were not addressed on the final plat, please submit the legal descriptions and exhibits as soon as the location of the easement is confirmed with the review of the CDs. Easements are typically needed for utility main lines, drainage features, sight distance lines, and sidewalk that may be on private land.

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o If Easements will be needed with this CD set, then submit a current Ownership & Encumbrance report with the Easement exhibit and legal description

Review Process for Construction Documents: 1. Pre-Application meeting with staff. 2. Applicant submits Construction Documents and fees 3. Town sends out external referrals to appropriate jurisdictions, districts, agencies, and utilities, if

applicable 4. Staff reviews submittal package documents, (Development Agreements and Improvement

Agreement obligations if applicable) and issues comments and redlines, including any external comments that may be received

5. Applicant revises and resubmits (typically one or two times). 6. Staff issues approval or denial. If staff denies the Construction Documents, the applicant may

appeal the decision to Town Council. Approval:

7. If CDs are approved, then the plan set, cost estimate, and all applicable reports can be prepared, signed by the Professional Engineer and owner, and submitted to the Town for approval signature.

8. Applicant will need to pick up Town Approved documents; scan all items; and return full size originals, two sets of 11x17 sized plan sets, and electronic copies of each item prior to being able to obtain a Construction or GESC Permit.

9. Once CDs are approved, and all required documents are submitted to the Town, the applicant can apply for their Construction Permit. (Note: Grading, Erosion, and Sediment Control (GESC) plan review is also required and the GESC permit needs to be applied for with or ahead of the Construction Permit.) See the following section for the GESC review information.

(Note: Construction Document Approval is valid for 1 year from date of Town Approval, if construction has not commenced. Applicant may request up to two one (1)-year extensions. It is the Applicant’s responsibility to track their expiration date and apply for an extension 30 days before they expire. If plans expire before the applicant applies for and obtains their construction permit, the applicant will have to reapply for the Construction Document Review.) Early Grading

Early grading permits can be issued at the initial Construction Permit phase, either before or after platting. The Town must accept the Phase II Drainage Report prior to the early grading permit being issued (Stormwater Drainage Design and Technical Criteria Manual). The surety that accompanies the Construction Permit is for the cut or fill (whichever is greater), import or export, mobilization, and any multi-lot retaining walls. A separate GESC permit is also required with a separate surety to guarantee installation and maintenance of temporary Best Management Practices (BMP’s), restabilization of disturbed land, and establishment of vegetation cover.

Grading, Erosion and Sediment Control (GESC)

A Grading, Erosion and Sediment Control (GESC) plan review and permit are required to be obtained before any land disturbing activities are allowed on a subject property within the Town of Castle Rock. The following items are needed for a complete submittal of the Grading, Erosion and Sediment Control (GESC) Document and must be prepared by a Colorado licensed Professional Engineer. For details on

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the required contents of the GESC plans, cost estimate and GESC report, please refer to the Town Grading Erosion and Sediment Control (GESC) and Drainage, Erosion and Sediment Control (DESC) Manual. Submittal Requirement for GESC Documents:

o Application o If any work is proposed on land not owned by the applicant, a letter of approval from

the land owner is required. o Review fee (see Development Services Fee Schedule) o Submittal Checklist, completed by applicant o GESC Plans containing the initial, interim and final GESC plans for the site, including

Town GESC Standard Notes and Details. Cut/fill quantities need to be indicated as well. o GESC Report, including GESC Cost Estimate, GESC Drawing and Report Checklist, and an

11x17 set of the GESC plans bound in the rear of the report. o GESC Cost Estimate, using Town standard template o Haul Route – if any material is going to be exported or imported to the site, a Haul

Route map needs to be provided for Town Approval. Any import or export sites located within the Town of Castle Rock jurisdiction will require a GESC permit as well, unless the site already has an active permit (this site plan and permit may need to be updated).

o Technical Criteria Variance – If you are proposing any variations from the Technical design criteria in the GESC/DESC Manual, please submit the appropriate supporting information on the Technical Criteria Variance form with the submission of your GESC plans

Review Process for GESC Documents:

1. Pre-Application meeting with staff. 2. Applicant submits GESC Documents and fees 3. Staff reviews submittal package documents and issues comments and redlines 4. Applicant revises and resubmits (typically one or two times) 5. Staff issues approval or denial

Approval: 6. If GESC Documents are approved, then the plan set, cost estimate, and GESC report can be

prepared, signed by the Professional Engineer and owner, and submitted to the Town for approval signatures.

7. Applicant will need to pick up Town Approved documents; scan all items; and return, one set of 11x17 sized plans, and electronic copies of each item prior to being able to obtain a GESC Permit.

8. Once GESC Documents are approved, and all required documents are submitted to the Town, the applicant can apply for their GESC Permit. A GESC permit is required before any land disturbing activities can begin; this includes non-residential building construction activities.

9. GESC Approval is valid for 1 year from date of Town Approval if construction has not commenced. Applicant may request up to two one (1)-year extensions. It is the Applicant’s responsibility to track their expiration date and apply for an extension 30 days before they expire. If plans expire before the applicant applies for and obtains their construction permit, then will have to reapply for the GESC Document Review.

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Extension of Construction and GESC Document Approval

Construction Documents and GESC Documents are valid for 1 year from date of Town Approval, if construction has not commenced. Applicant may request up to two one (1)-year extensions. It is the Applicant’s responsibility to track their expiration date and apply for an extension 30 days before they expire. If plans expire before the applicant applies for and obtains their construction permit, then will have to reapply for the Construction Document Review.

Submittal Requirement for Construction and GESC Document Approval Extensions: o Application o Extension fee (see Development Services Fee Schedule)

Review Process for Construction and GESC Document Approval Extension:

1. Determine eligibility; site is eligible for this application if it has: a. An approved set of Construction and GESC Documents that have not yet expired, and

have not received 2 previous extensions. 2. Absent special circumstances, extensions will be granted with no review of the construction or

GESC plans. However, if it is found that any federal, state or county requirements related to health, safety and welfare in effect at the time of application for a construction plan extension as well as Town provisions related to lot-to-lot drainage and water meter locations have not been incorporated into the plans, the applicant will be required to submit modified plans that incorporate such changes as a condition of obtaining Construction or GESC plan extension.

3. If the extension is granted, the application will be signed with “Town Approval” and the expiration date will be extended out to the new expiration date in the Town’s electronic database.

Expired Construction Documents

Construction Documents and GESC that have expired and were not extended under the extension provisions listed above, will need to be resubmitted to the Town, with all current submittal requirements and fees, to undergo a new review. Applicants should follow the regular submittal processes outlined under the Construction Document Review and GESC Document Review sections listed in this Procedure Manual.

Minor and Major Field Change Orders

After Construction and GESC Document approvals, sometimes an applicant desires to request a modification to the approved plans. Some of these requested changes may be due to a change in the proposed phase plan for the area or may be due to site conditions or conflicts once the site is under construction. These requests are processed as either a Minor or Major Field Change Order (FCO). Inspector Field Approval: During construction, the following activities do not need a Field Change Order, but can instead be approved in the field by the Town Inspector and can be marked up on the Record Drawings for the site:

• Minor plant species changes that do not affect the overall site design or irrigation design. If specific plant species where approved in a Public Hearing as part of an Interface application, then this change may need a Minor Field Change Order approval and/or a revised Site

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Development Plan/Public Hearing review. Staff will need to evaluate the proposed change and determine if it may result in a change to the approved site buffering.

• Minor changes may be made in the field at the inspector’s discretion. Minor Field Change Orders:

• Changes to the Phasing plan for construction. • Any revisions to the approved Construction or GESC plans, except those listed above as

approvable in the field, and that do not require any changes to the approved design reports for the site.

• Revised Cost Estimate. Major Field Change Orders:

• Any revisions to the approved Construction or GESC plans, except those listed above as approvable in the field or listed as Minor changes, which affects the functional aspects of the work and requires revisions to the approved design reports for the site. Examples include: changes in street width, sizing of utility mains, sizing of stormwater facilities, etc.

Submittal Requirement for Field Change Orders (FCO):

o Application o Review fee for either Major or Minor FCO (see Development Services Fee Schedule) o If any work is proposed on land not owned by the applicant, a letter of approval from the land

owner is required. o Affected Construction Plans sheets – with bubbles around all proposed changes. The Revision

block of each affected plan sheet should include the Revision number and reference to the FCO number and approval date. For first submittal it may be “1 - FCOXX-XXXX Approved XX/XX/XXX”. Submit all sheets that are affected. For example, if grading is changed, and it appears on multiple sheets, then all sheets showing the revised grading will be resubmitted for review, with bubbles around the changed area.

o Revised Engineer’s Cost Estimate, if needed o Revised Phase III Drainage Report, if needed o Revised Final Utility Report, if needed o Technical Criteria Variance – If you are proposing any variations from the Technical design

criteria in the Technical Manuals, please submit the appropriate supporting information on the Technical Criteria Variance form with the submission of your Field Change Order

o If new Easements are needed due to the proposed Field Change Order, submit Easement legal descriptions and exhibits, along with a current Ownership & Encumbrance report

Review Process for Field Change Order: 1. Applicant submits Field Change Order Documents and fees. 2. Town sends out external referrals to appropriate jurisdictions, districts, agencies, and utilities, if

applicable. 3. Staff reviews submittal package documents and issues comments and redlines, including any

external comments that may be received. 4. Applicant revises and resubmits (typically one or two times). 5. Staff issues approval or denial.

Approval Process:

6. If Field Change Order is approved, then the affected plan sheets and any revised cost estimate or reports can be prepared, signed by the Professional Engineer and submitted to the Town for approval signature.

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7. Applicant will need to pick up Town Approved documents; scan all items; and return full size originals, two sets of 11x17 sized plan sets, and electronic copies of each item prior to being able to obtain a Construction or GESC Permit. If the applicant already has an applicable Construction or GESC Permit, then they will need to provide all of these items prior to beginning the construction on the areas affected by the Field Change Order.

Financial Sureties

Various financial sureties are required for Construction and GESC permits, and for the warranty phase of public infrastructure acceptance. These various types of sureties, their required amounts, and the timing of their submittal are listed in detail in Chapter 15.58 of the Municipal Code and in Section 4.10 of the GESC Manual.

Construction Performance Surety: Construction of public infrastructure requires the submittal of Performance Surety prior to being issued a construction permit, and then the submittal of a Warranty Surety after construction is completed and the project enters the warranty period.

Unless otherwise specified by a Franchise Agreement with the Town or superseded by the site’s Development Agreement or Improvement Agreement with the Town, a Performance Surety typically securing the completion of all Public Improvements shall be provided to the Town prior to a Construction Permit being issued. The amount of the required Performance Surety is determined based on the Town Approved Engineer’s Cost Estimate for the subject work, along with the type of security that is provided, per the table listed below:

Performance Surety Type (Construction Permits Only)

Performance Surety Amount, based on Percentage of the Public Improvements listed on

the Engineer’s Cost Estimate Bond 100%

Irrevocable Letter of Credit 75% Cash or Escrow Account 65%

The Developer shall have the option of providing one construction Performance Surety for all the Public Improvements, or they can provide two separate Performance Sureties for Below-ground work and Above-ground work.

Below-ground work includes, but is not limited to, over lot grading or earth excavation processes, storm drain facilities, culverts, channels, water distribution or transmission facilities, sanitary sewer collection facilities, water and wastewater treatment facilities or any other related facilities located below ground.

Above-ground work includes, but is not limited to, pavement, curb and gutter, sidewalk, pedestrian/bike/equestrian paths, street lighting, bridges, pavement markings/signage/striping, traffic signals, stormwater ponds, or any other facilities located above ground.

Upon request, the Performance Surety(s) may be reduced incrementally as general phases of the Project are completed in conformance with the Plans and to the satisfaction of the Town. The Developer must provide a revised cost estimate to the Town, showing separate sub-totals for the above ground and

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below ground work, along with other appropriate documentation and a review fee for each incremental Performance Surety reduction. The Performance Surety(s) shall not be reduced to less than 15% of the total estimated cost of work for the Public Improvements, regardless of how the security is provided to the Town.

Format of Surety: The draft bond or letter of credit language needs to be submitted to the Project Manager with the Town so it can be reviewed by the legal department prior to being issued. The following items need to be included in the surety language:

o The beneficiary needs to be listed as the Town of Castle Rock, o The expiration date needs to be for the length of the construction, warranty or GESC period, o Reference to the Improvement Agreement, if applicable, and the specific permit number the

work is being done under, o Reasons the Town may draw upon the surety may include:

Failure of the developer to Perform under permit No. xx-xxxx, If the surety has an expiration date, then include language that the surety may be drawn

upon if the developer fails to provide a 1-year renewal of the surety within 30 days of its expiration and has failed to receive permit closeout at that time.

The Town may take up to 1 week to review/markup the surety language; therefore, submit the draft language to the Project Manager as early as possible so it does not hold up the permit being issued.

Release of Construction Performance Surety: The construction permit Performance Surety shall be released when the following requirements have been met:

All improvements proposed in the Construction Permit are complete, including all punch list items;

Record Drawings have been submitted to and approved by the Town; All required Engineering letters/certifications have been submitted to the Town; The Public Improvements Conveyance and Initial Acceptance form has been executed by

the Developer and the Town; and The Warranty Surety (discussed below) has been submitted to the Town.

Once the above items have been submitted to the satisfaction of the Town, the Performance Surety will be returned to the Developer. If the Performance Surety was provided to the Town with a Bond or Letter of Credit, this original document will typically be mailed back to the Developer’s address of record within one week via US Mail. If the Performance Surety was paid with a check, the refund request will be sent to the Town Finance department within 3 days. Typical processing time of a refund check is 1-2 weeks and this will be mailed to the Developer’s address of record via US Mail. If the Developer would prefer, they can request to be notified when the Performance Surety is ready, and they can pick it up.

Construction Warranty Surety: Prior to the release of the construction Performance Surety, the Developer shall provide a Warranty Surety to the Town in an amount not less than 15% of the construction costs identified in the Public Improvements Conveyance and Initial Acceptance form. The Warranty Surety must be provided to the

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Town in the form of an irrevocable letter of credit, cash, or placed in a Town approved escrow account. Bonds are not accepted for a Warranty Surety. If the Developer fails to complete the required warranty work within a timely manner after being notified by the Town, then the Town has the right to use the warranty funds to complete the warranty work in accordance with Section 15.56.030 of the Municipal Code.

The Construction Warranty Surety may be reduced to 10% if the following conditions are met:

Developer requests an inspection of the project no earlier than ten (10) months into the warranty period;

This inspection results in a written Punch List of defective items where the cost of the defective work identified is equal to 5% or less of the actual construction costs identified in the Public Improvements Conveyance and Initial Acceptance form

The Warranty surety may not be reduced to less than 10% of the actual construction costs identified in the Public Improvements Conveyance and Initial Acceptance form. The Warranty Surety will be held for a minimum of the 2 year warranty period, and will not be released until all of the Warranty work has been completed.

GESC Surety: Land disturbing activity that requires a GESC permit and involves seeding and mulching will require that a GESC Surety be provided to the Town prior to issuance of the GESC Permit. As part of the GESC Document review, the project will have a Town Approved GESC Cost Estimate. The GESC Surety amount due is equal to 115% of this Town Approved Cost Estimate. This GESC surety can be provided to the Town as a Bond, Irrevocable Letter of Credit, cash/check or placed in a Town approved escrow account. The GESC Surety amount does not change from the 115%, and will be in place until the GESC permit is closed out. Typically it takes two growing seasons for vegetation to establish, and this is normally the earliest a GESC surety can be released. If the seed does not establish, then the GESC surety expiration date will need to be extended until the area has been vegetated in accordance with the Town’s GESC requirements.

Low Impact GESC Permits that do not require native seeding or re-vegetation will not require a GESC surety.

Construction and GESC Permit

Construction and GESC Permits are often issued at the same time for a site construction project. There is rarely a case that a Construction Permit can be issued without a GESC permit also being issued, or already being in place. The Construction Permit covers the permanent changes that are proposed to be built, such as the utility and roadway infrastructure; while the GESC permit covers the erosion and sediment control work that is needed while the site is under active construction, such as vehicle tracking control, silt fence, inlet protection, and seeding of disturbed areas. Each permit has a separate permit form, a different inspector, and different permit fees, use taxes, and surety requirements. However, the two permits are almost always issued at the same time, so they are both discussed in this section.

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The Construction Permit and GESC Permits can be applied for once the project site has Approved Construction and GESC Documents on file with the Town, which have not expired. The Developer and their contractor will fill out and sign the construction permit and GESC permit forms and submit them to the Project Manager at the Town. The Project Manager will use the Town Approved Engineer’s Cost Estimates for the Project, or Phase of the Project that is being permitted, to calculate the Permit Fees, Use Taxes, construction Performance Surety and GESC Surety that is due. The Construction Permit and GESC Permit will be issued at the same time, unless the site already has an active GESC permit in place. In some situations, the Developer can request to have the GESC permit issued in advance of the Construction Permit. However, the Construction Permit cannot be issued ahead of the GESC permit.

Use Taxes are required to be paid in accordance with Title 3, Article III of the Municipal Code. For a site construction permit, Use tax is calculated as one-half of the total site valuation (except for earthwork) and multiplied by 5%. Use Tax is not applied to the GESC permit, as these items are temporary in nature and not considered “building materials”.

If the Developer wants to only construct a portion of the project area in the Approved Construction Documents and does not have a current phase plan and phased Cost Estimate, then they will need to apply for a Field Change Order to create or revise the Phasing Plan and Engineer’s Cost Estimate. Once this Field Change Order is approved, then they can apply for the Construction and GESC permits specific to the phase they would like to construct.

The Developer is responsible to obtain all permits that may be necessary to conduct the work, including any other Local, State or Federal permits, licenses, etc. and shall be responsible to follow any State or Federal regulation, which may not otherwise be designated on the Plans or mentioned in Town Regulations. It is the Developer’s responsibility to obtain any necessary surveys, easements, and permits, related to the project, including any survey work to establish property lines or to resolve a property line dispute. The Developer shall give all notices, pay all fees, and comply with all Federal, State and Municipal laws, ordinances, rules, and regulations, and building and construction codes to applicable to the permitted work. In addition, they are responsible for obtaining all utility locates.

Submittal Requirement for Construction Permit:

o Permit Form, completed and signed by Developer and Contractor o If any work is proposed on land not owned by the applicant, a letter of approval or

construction easement from the land owner is required o Permit fee (inspection fee and use tax) (see Development Services Fee Schedule) o Approved Haul Route (if needed) o Street Lane Closure Application and Traffic Control Plan (if needed). A Traffic Control

Plan (TCP) shall meet the requirements of Manual of Uniform Traffic Control Devices (MUTCD), latest revision, and shall be prepared by a certified ATSSA Traffic technician or a licensed Professional Engineer qualified in Traffic/Transportation Engineering. The Town may waive this requirement if the Project is deemed minor or does not require a traffic control plan.

o If the project proposes new public roadways, a Pavement Design report and review fee is required prior to approval of paving activities.

o Performance Surety with Town Approved language o Two sets of 11 x 17 size of the Town Approved Construction Drawings, if not already

provided

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Submittal Requirement for GESC Permit:

o GESC Permit Form, completed and signed by Owner and Contractor o If any work is proposed on land not owned by the applicant, a letter of approval or

construction easement from the land owner is required o Permit fee (inspection fee) (see Development Services Fee Schedule) o Approved Haul Route (if needed) o Street Lane Closure Application (if needed) o GESC Surety with Town Approved language o One set of 11 x 17 size of the Town Approved GESC Plans, if not already provided

Once the Developer has paid the Permit fees and applicable use tax provided the Town with the construction Performance Surety, and has done the same for the project’s GESC permit, the Construction Permit can be issued. The Town will assign a Public Works (PW) inspector to the project, and the Developer will be given the inspectors name and number to schedule a Pre-construction meeting with the developer and the developer’s contractors. This pre-construction meeting is typically held at a Town facility, as various Town personnel will attend this meeting, depending on the scope of the construction work. The PW Inspector will need a week or so to schedule the right personnel from the Town to attend this meeting. At the Pre-construction meeting, the PW Inspector will provide the Developer with the Approved Construction Permit and will review the construction inspection process, main points of contact, allowed construction work timeframes, how to schedule an inspection outside of normal working days, and various other construction related information. The GESC inspector will also attend, and will provide the Approved GESC permit at this meeting.

Extension of Construction and GESC Permits

Construction Permits are valid for 1 year from the date of issue. If construction will last longer than one-year, the construction permit will need to be extended. The contractor or developer will notify the Public Works Inspector, fill out the appropriate form with the justification, and pay the applicable extension fees to cover additional inspection time.

GESC Permits are valid for 3 years, one year of active construction (in line with the Construction Permit above) and a two year growing period for revegetation. In the event that active construction exceeds one year, the GESC Permit must be renewed. A residential subdivision project will require an active GESC permit until all lots of a project are transferred to the Town’s DESC program for residential construction or until final GESC permit close-out (after vegetation has established).

Minor Construction (ROW and Paving) Permit

Projects that just include paving an existing dirt/gravel parking lot, or a project that may have a small scope of work within the Town’s Right-of-Way (ROW) will require a Minor Construction/ROW Permit. Examples of a minor scope of work include, but are not limited to, repair/replacing curb returns, boring for irrigation sleeve or other utilities, parking lot paving, installing a small section of sidewalk, or landscape or irrigation work in the ROW.

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GESC Permits are valid for 3 years, one year of active construction (in line with the Construction Permit above) and a two year growing period for revegetation. In the event that active construction exceeds one year, the GESC Permit must be renewed. A residential subdivision project will require an active GESC permit until all lots of a project are transferred to the Town’s DESC program for residential construction or until final GESC permit close-out (after vegetation has established).

Submittal Requirement for Minor Construction (ROW and Paving) Permit: o Permit Form, completed and signed by Developer and Contractor o If any work is proposed on land not owned by the applicant, a letter of approval or

construction easement from the land owner is required o Permit fee (inspection fee and use tax) (see Development Services Fee Schedule) o Approved Haul Route (if needed) o Street Lane Closure Application (if needed) o Performance Surety with Town Approved language o Two sets of 11 x 17 size of the Town Approved Construction Drawings, if not already

provided Low Impact GESC Permit

A Low Impact GESC Permit (see GESC Manual) is issued when the scope of work and disturbance is very minor. Example projects include repair and replacing existing concrete or asphalt areas, such as a curb ramp, non-residential driveway or sidewalk section. A low impact GESC Permit may also cover items such as utility boring, where no new seeding is required or removal and replacement of landscaping. Low Impact GESC Permits are reviewed on a case-by-case basis by the Town’s Project Manager. If there is no seeding required for a project, then a Low impact GESC permit may be used. An example of this would be a project where utility lines are bored, and the bore pits are repaired with sod in an irrigated area. If there is concern that revegetation of disturbed areas will not occur without a 2-year growing season, or if the contractor disturbs areas outside of their scope of work, a Standard GESC Permit and a financial surety will be required.

Infrastructure Inspections

Public and/or necessary private improvements are required to have inspections by the Town in order to assure that uniformity, proper construction techniques and acceptable materials are implemented during the construction process. Construction Work shall be in accordance with the Town approved Construction Documents and may only occur with the appropriate inspections and testing. The Developer shall contact the Inspector for all required field inspections of Public and private Improvements, and submit any third party testing as may be required. Material testing shall be done in accordance with the Construction Methodology and Materials Manual.

The inspector shall have access to all work and materials for a Project at all times. The Developer shall provide proper facilities for such access and for inspection. The Inspector shall have the right to reject materials, workmanship or methods of construction not in compliance with the Town’s criteria. Rejected workmanship or construction methods shall be satisfactorily corrected by the Developer, and rejected materials shall be removed from the premises. If the Developer does not correct or remove such rejected items within a reasonable time, the Town may either remove materials from the Project and

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charge this expense to the Developer or may issue a Stop Work Order, as specified in Section 15.54.070 of the Municipal Code.

If work has been completed without proper Inspections and approval by Town Inspector, the Developer shall supply all labor, equipment and materials to complete the required inspections, including removal of completed Work to allow for necessary inspection. If such Work is found to be defective in any material or workmanship, the Developer shall remedy the Work to be in compliance with the approved Construction Documents and the Town’s criteria at the developer’s expense.

If the Inspector identifies any neglects or disregard of the approved Construction Documents or the Town Criteria, such neglect or disregard shall be immediately remedied and any defective Work shall be discontinued at once. If Developer does not proceed with corrective work in the timeframe specified by the inspector a Stop Work Order may be issued.

The observation of the work by the Inspector is intended to aid the Developer in applying labor, materials, and workmanship in compliance with the approved Construction Documents and the Town Criteria. Such inspection and observations, however, shall not relieve the Developer from any obligations related to the requirements of the approved Construction Documents or any Town Criteria. Responsibility for damage from or replacement of work not in compliance with the terms of the Improvement Agreement, approved Construction Documents or Town Criteria, shall rest entirely with the Developer for the full period of construction or Warranty Period, regardless of whether or not the Developer had been previously advised of any said non-compliance.

If changes to the approved Construction Plans are required during construction, a Field Change Order shall be submitted for Town Approval prior to construction of the proposed modification.

Work Schedule

Public Improvement and site Construction Work related to permitted Projects is allowed Monday through Friday, 7 a.m. to 6 p.m. and on Saturdays, 8:00 a.m. to 5:00 p.m., with specific approval by the Town, irrespective of Chapter 9.16, CRMC. Normal workday inspection hours are 8 a.m. to 5 p.m., Monday through Friday, and shall be scheduled through the Inspector. All required inspections that are scheduled on Saturdays shall be billed at a rate of 1.5 times the normal assigned rate for an Inspector. No work shall be permitted on Sundays or holidays without written approval from the Town Manager.

Work or inspection requests beyond normal working hours or on holidays must be submitted to the Town a minimum five (5) working days prior to the requested date. If an emergency situation occurs on a Project, the Public Works Department shall be notified immediately. The Developer may be required to pay for Town staff time for emergencies, if they occur outside of normal work hours.

Enforcement/Stop Work Order

A Stop Work Order may be issued by an Inspector or other designated Town Official in accordance with Section 15.54.070 or the GESC Manual for items such as failure to obtain a permit, failure to remedy or correct improper work, or if the project is deemed an obvious public health or safety problem. Work may not commence until the issues have been resolved and the Developer/Contractor is notified that they may proceed.

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Infrastructure Initial Acceptance-Record Drawings

The Developer shall obtain Public Improvements Conveyance and Initial Acceptance from the Town, in accordance with Section 15.56.020, prior to entering the Warranty period.

The Developer shall request an inspection when it has Substantially Completed construction of all Public Improvements associated with the Project. Any improvements constructed which are not in conformance with the approved Construction Documents, Town Criteria and other related Town Codes will be identified in a written notification (initial punch list) to the Developer. The Town will not accept any Public Improvement related to the Project until such time as the Developer satisfactorily brings all non-conformance items into conformance with these Regulations, the approved Construction Documents and other related Town Codes.

After the Developer has satisfactorily addressed all items not in conformance listed in the initial punch list, the Developer shall receive written notice from the Town requesting preparation of Project Record Drawings by the Consultant Engineer.

Record drawings, in conformance with the Record Drawing checklist, shall be submitted and reviewed by the Inspector. Once Record Drawings are approved by the Town, the Developer shall be asked to execute the Town's Public Improvements Conveyance and Initial Acceptance document. Once executed, the Developer shall remit the document back to the Inspector, along with the required warranty instrument (as specified in Section 15.58.060) and any remaining testing or certifications, as may be identified by the Inspector.

The Town will sign the executed Public Improvements Conveyance and Initial Acceptance document and file with the Department of Public Works. The date that the Developer executes the Public Improvements Conveyance and Initial Acceptance document shall be the date that the Warranty Period begins.

Infrastructure Warranty Period

The Warranty Period for all Public Improvements shall be two years, commencing on the date that the Public Improvements Conveyance and Initial Acceptance document is executed by the Developer. Upon issuance of the Construction Permit, the Developer expressly warrants and guarantees (the "Warranty"):

• All Work shall be performed in strict compliance with these all regulations, codes and ordinance of the Town; and

• All defective or non-conforming Work (Defective Work) identified during the Warranty Period shall be repaired or replaced during the Warranty Period. Defective Work includes, but is not limited to:

Defects in workmanship or materials. Settling of fill or other excavated areas. Any unauthorized deviations from the approved Construction Documents or Town Criteria. Failure to barricade or provide necessary traffic control devices. Failure to clean up after performance of the Work. Any other violation of Town Criteria or other related Town Codes.

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The Developer shall correct the Defective Work to the satisfaction of the Town within 24-hours if the Defective Work is determined by the Town to create an imminent danger to the public health, safety and welfare. Non-emergency correction shall be completed within sixty calendar days after notice by Town, unless otherwise approved by the Town. If the Developer fails to remedy required Work in a timely manner, then the Developer shall be in default of the Warranty Period and in default of any applicable Improvement Agreement and entitle the Town to call the Warranty Surety (see Section 15.58.060) and/or enforce any contractual remedies under the Improvement Agreement.

Work performed under Warranty need only be warranted until the end of the Warranty Period.

Infrastructure Final Acceptance

When the Developer has completed the Warranty Period and any required Warranty remedy work to the satisfaction of the Town, the Project is eligible to receive Final acceptance in writing for the Public Improvements from the Town.

Acceptance by the Town will be final. This Final Public Improvements Acceptance represents the completion of the Developer's maintenance responsibility for the accepted Public Improvements and the start of the Town's responsibility. After the project has received Final Public Improvements Acceptance, the Town will return any remaining Warranty Surety.

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Chapter X – Permits

Building Permits

Building Permits are required for new commercial and residential buildings, additions, remodels, and interior improvements. Residential improvements such as decks, patios, awnings, pools and spas require permits. Permits are required for retaining walls over 4 ft. high (including foundation), fences over 6 ft. in height, and new mechanical equipment. Building permits are submitted to the Development Services Department at 100 N. Wilcox St.

Plan Review

Review Timelines for Building Permits: New Construction/Additions 1st review comments within 4 weeks Tenant Improvements/Remodels/White Box under 8,000 sq. ft. 10 days total in our hands or it’s

free. Tenant Improvements/Remodels/White Box over 8,000 sq. ft. 1st review comments within 2

weeks. Master Plans/Custom Homes 1st review comments within 21 days. Basement Finishes 5 days complete. Decks/Patio Covers/Sunrooms/Carports/ 5 days complete. Residential Additions 1st review comments within 5 days. Detached Garages 5 days complete. Pools/Spas 5 days complete.

(Note: The days noted above do not include Holidays or Weekends. Additionally, when plans are not complete they are sent back to the Applicant. In this case, the plan review clock stops and will not start up again until the corrected plans or supported documents are resubmitted.)

Acceptable Forms of Plans Submittal: The Town utilizes a paperless building permit/plan submittal in order to expedite plan submittal, review and archiving. Permit applications shall be submitted via Trak-It on the Town’s web site.

Electronic Submittals (preferred) via E-mail/CD/FTP Site; format recommended PDF. Paper submittals provide 3 complete sets, 2 with wet seals from appropriate design

professionals.

(Note: Depending on size and complexity of project, plans may or may not be required to be stamped by a design professional. This may be determined at a pre-applicant meeting or at time of permit application submittal.)

Fee Calculations: (see Development Services Fee Schedule)

Town of Castle Rock’s Adopted Building/Fire Codes: • 2012 International Building Code • 2012 International Residential Code • 2012 International Plumbing Code • 2012 International Mechanical Code

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• 2012 International Energy Conservation Code • 2012 International Fuel Gas Code • 2012 International Fire Code • 2012 International Existing Building Code • 2012 International Swimming Pool and Spa Code • ANSI A117.1-2003 • 1997 Uniform Code for the Abatement of Dangerous Buildings • 2011 National Electrical Code • ASME A17.1-2007 Elevator Code • ASME A17.3 2005 Edition Elevator Code • A18.1-2005 Elevator Code

Structural Design Criteria: • Wind Load Design Speed; 105mph 3-second gust • Seismic Design Category; B • Snow Live Load Design; 30 lbs. per square foot. • Rainfall; 2 inches per hour • Frost Depth; 3 feet

Building Permit Types: Permits are required for any construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of buildings.

• Commercial/Multi-Family-Core and Shell • Commercial-Tenant Improvement/Remodel/White Box • Residential-Single Family/ DESC (Erosion and Sediment Control) Permit • Single Family Residential Additions • Custom Home • Basement Finish • Swimming Pool/Spas • Decks/Patios (covered/uncovered)/Porches/Carports • Re-Roof • Miscellaneous • One Story Detached Garages

Review Process for Building Plans: 1. Permit/Plan Acceptance: All items on checklist that apply to the project must be submitted prior

to formal acceptance of the plans. (Note: All reviews through the Town are concurrent, including: Building, Fire, Utilities, Zoning, and Plum Creek Waste Water Authority. If required, separate submittals must be made to Tri-County Health Dept. and/or IREA.)

2. Zoning Review: Plans are reviewed for single-family residential zoning compliance (including decks, patio covers and additions) to verify setbacks, height restrictions and all other zoning regulations.

3. 1st review comments are provided to applicant’s design professionals, i.e., architects and engineers.

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4. 2nd review; design professionals responses are checked for adequacy. If responses are not adequate, comments are returned. If responses are deemed sufficient, reviews and revisions are completed and sent onto the Permit Technician for permit issuance.

Building Permit Issuance (pay permit, use tax and impact fees): 1. Once the review is complete, the file is returned to the counter staff for fee calculation. Fees

will be calculated, usually based on a valuation from square footage. (see Development Services Fee Schedule)

2. Once the fees have been calculated, the applicant is notified of the fee amount. 3. Staff will confirm contractor registration, including current license, insurance and applicable

fees. 4. Before the building permit is released all documents will be verified. 5. Once the fees have been calculated, the applicant is notified of the fee amount.

Inspections

Scheduling: Inspections can be scheduled via Phone (303-660-1341), Fax (720-733-2207), walk-in (at the counter), or through E-Trakit:

Via Phone (303-660-1341), Fax (720-733-2207) or Walk-in: until 3:30 p.m., inspections will be scheduled for the following business day; after 3:30 p.m., inspections will not be scheduled until the following business day.

Via E-Trakit: inspections scheduled using the Town’s software can be scheduled until 6:00 a.m. on the requested day of the inspection.

Building Inspection Process: The Town of Castle Rock employs fully certified Combination Residential Building Inspectors. All rough and final residential inspections are to be scheduled and ready for inspection when either all the rough in or final work is complete and ready for inspection, i.e., framing, electrical, plumbing, and mechanical. There are several inspections that can be scheduled independently such as underground plumbing and caissons. These inspections are primarily for items that are required to be approved and covered up prior to the construction of structural members or partition walls.

(Note: All job sites for either residential or commercial projects are expected to be maintained to provide a safe working environment for the workers and the Town’s inspectors. If the site is unsafe, the inspection will be rescheduled.)

Commercial inspections can be scheduled on an as needed basis and all disciplines do not have to be ready for inspection at one time. With the size and complexity of commercial projects partial inspections are acceptable and considered as a normal standard operating procedure.

Re-Inspection Fees; a $65.00 dollar fee can be assessed if the following conditions apply: The scheduled inspection is clearly not ready. Upon re-inspection there has been no attempt to correct issues noted by the inspector on the

previous inspection.

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Fire Department Field Inspection: All field inspection requests require a 24-hour notice (please call: 303-660-1066). Requests

with less than 24-hour notice may not be met. However, the goal of the Life Safety Division is to meet reasonable inspection requests. (For example, if the contractor is requesting a field inspection on Wednesday at 8:00 a.m., the contractor will need to make that request on Tuesday before 8:00 a.m.)

On large construction projects the inspector strives to stop by each site every other day. This allows for a meeting between the inspector and the contractor to address any needs that they may have. This will also allow for a site inspection, if needed.

Certificate of Completion or Occupancy: 1. All final approval letters must be turned in (see Certificate of Occupancy checklist) 2. All authorities over the permit must sign off, such as: Fire, Health Dept., Utilities, Public Works,

Metro Districts, etc. 3. The inspection card must be complete and approved by the inspector 4. When all above items are submitted and approved, the Certificate of Completion (CC) or

Certificate of Occupancy (CO) will be issued within 24-hours.

Fire Permits

Fire suppression, fire alarm, commercial hood systems, liquefied petroleum gas (LPG), underground storage tanks (UST), aboveground storage tanks (AST) and hazardous materials inventory plan review are submitted, paid for and picked up at the Fire Department Headquarters, 300 Perry Street.

Temporary Use Permit

Temporary Use Permits should be submitted to the Zoning Division in the Development Services Department, located at 100 N. Wilcox St. The following uses may be operated as temporary uses for a limited time period and need not be enclosed (see definitions in Section 17.16.020):

• Farmer’s Market/Seasonal Sales • Sidewalk Sale • Truckload Sale • Mobile Vendor • Public Interest or Special Event

The following buildings/storage uses are allowed with a temporary Use permit (see definitions in Section 17.16.020):

• Manufactured Building • Model Home/Sales Office • Portable Storage Unit • Temporary Building/Storage Yard

Submittal Requirements:

o Completed Temporary Use Permit Application and fee (see Development Services Fee Schedule).

o Property owner authorization o Narrative describing request for temporary use, length or time requested, existing site

conditions and other relevant information for consideration of approval.

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o Site plan depicting location of existing and proposed structures, dimensioned setbacks, building heights, access and parking, lighting, signage.

Review Process:

1. Submittal of permit. 2. Review for zoning compliance. 3. Permit issued upon payment of fee.

Sign Permit

A separate sign permit shall be required for each sign and for each sign of a group on a single supporting sign structure. Sign Permits should be submitted to the Zoning Division in the Development Services Department, located at 100 N. Wilcox St. Submittal Requirements:

o Complete Sign Permit Application and fee (see Development Services Fee Schedule) o A site plan showing all existing and proposed structures with sign locations, access and parking o Elevation drawings showing the dimensions and materials of the existing and proposed signs,

including the method of illumination. o Plans indicating the scope and structural detail of proposed sign construction. o A statement of current value of proposed sign, including costs of installation. o Electric signs require an electrical permit application. o A right-of-way encroachment permit application, if necessary.

Review process:

1. Submittal of Sign Permit Review for sign code regulations in Planned Development or Municipal Code.

2. Review allowable total site sign area allowed based on the greater of: a. Allowance per Street Frontage, or b. Allowance per Building Frontage

(Note: Building Frontage is calculated two different ways depending on if the building has a single entry or has multiple individual tenant entries.)

3. Zoning analysis of the existing and proposed signs at the site and a total of their area. 4. Permit is issued if there is adequate area allowance and permit fees are paid.

Inspection Process: Inspections can be scheduled via Phone (303-660-1341), Fax (720-733-2207), walk-in (at the counter), or through E-Trakit:

Via Phone (303-660-1341), Fax (720-733-2207) or Walk-in: until 3:30 p.m., inspections will be scheduled for the following business day; after 3:30 p.m., inspections will not be scheduled until the following business day.

Via E-Trakit: inspections scheduled using the Town’s software can be scheduled until 6:00 a.m. on the requested day of the inspection.

Temporary Banner Permit

A temporary banner permit shall be required. Temporary banner permits should be submitted to the Zoning Division in the Development Services Department, located at 100 N. Wilcox St.

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E X C E L L E N C E • D E D I C A T I O N • S E R V I C E

100 North Wilcox StreetCastle Rock, Colorado 80107

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