Land Use Application Process

The term “land use application” applies to all applications for annexation, conditional or special review uses, PUD applications (including sketch, master plans, preliminary plans, and final plans), site specific development plans (vested property rights), subdivisions (including sketch, preliminary, and final plats), zoning or zoning amendments, rezoning, lot line adjustments / vacations, lot splits, minor subdivisions, mobile home park permits, variances, and appeals to the Board of Zoning Adjustment.

All land use applications and supporting information shall be filed with the Town Clerk. No other Town staff member or official or Town consultant shall accept land use applications or information in support thereof. However, the Town encourages land use applicants to consult informally with members of the Town Staff, including outside consultants, prior to filing applications if the applicant has questions regarding areas within Staff members’ particular expertise, provided that the potential applicant agrees to reimburse the Town for all fees and expenses relating to such informal meetings.

The Town employs outside consultants for engineering, surveying, planning, and legal advice. These consultants bill the Town on an hourly basis for services, as well as for expenses including but not limited to copies, facsimile transmissions, and long distance telephone calls. It is the Town’s policy that all persons wishing to hold informal meetings with members of the Town Staff acknowledge responsibility for all fees and expenses charged by outside consultants by signing an Agreement to Pay Consulting Fees and Expenses.

Application Forms

All Land Use Applications shall be submitted to the Town Clerk using the official forms available at the Clerk’s office or on this site. The Applicant must submit the completed Development Application, items required by the Checklist corresponding to the particular type of land use application, and Application Fee to the Town Clerk’s Office for processing.

Timing

Applications requiring a public hearing shall be submitted to the Town Clerk at least forty-five (45) days prior to the regular meeting of the Planning and Zoning Commission or Town Council, as applicable, at which the public hearing is requested.

Applications not requiring a public hearing shall be submitted to the Town Clerk at least fifteen (15) days prior to the regular meeting of the Planning and Zoning Commission or Town Council, as applicable, at which the applicant requests consideration of the application.

The Town Clerk will schedule a public hearing or meeting to review the application on the agenda of the Town Council, Planning and Zoning Commission, or Board of Zoning Adjustment, as appropriate. The actual scheduling of public hearings and public meetings on the requested dates is not guaranteed and depends on compliance with all application requirements, notice requirements, staff review of the application, and available time on the agenda.

Notice Requirements for Public Hearings

Hearings on annexation petitions are governed by the Municipal Annexation Act of 1965, Colorado Revised Statutes Section 31-12-101, et seq., as amended. All other public hearings are subject to the following notice requirements, except that public hearings on general zone text amendments and amendments to the Town zoning map applying to all properties within a given zone district are not required to mail notices or post a large sign.

Preparation of Notices

Once the date of the public hearing is confirmed, the notice of the public hearing shall be prepared by the Clerk’s office. The notice shall include the date, time, and place of the hearing, the public body conducting the hearing, a brief description of the application, a description of the property subject to the application including both the legal description and the common address, the name of the applicant, the name of the landowner, a statement that the complete application is available at the Town Clerk’s office, and the address of the Clerk’s office.

The Town Clerk shall provide the notices to the Applicant, along with instructions on providing proper notice. The notice shall be sent by certified mail to the owners of all property within 250 feet of the subject property (except for variances which shall 100 feet, other than those involving maximum building height or front yard setback changes), all owners of mineral estates with respect to the subject property, and to the Town of New Castle, at least thirty (30) days prior to the hearing. Some applications may need to be referred to outside agencies for their review. The Town Clerk will advise the applicant of this requirement, if necessary, in the notice instructions.

Posting of Notices

The subject property shall be posted with a copy of the notice on a sign prepared by the Town Clerk at least 22 inches wide, 26 inches high, with letters at least 1 inch in height. The sign shall be posted so that it is visible from a public street.

The Town Clerk will post notices at Town Hall, the New Castle Post Office, and in Castle Valley Ranch in accordance with Town ordinances prior to the hearing/meeting date

Publication of Notice

Except for variances, the notice shall be published at least once in a newspaper of general circulation within the Town at least 15 days prior to the hearing.

Proof of Compliance

The applicant shall submit proof of compliance with the requirements of providing public notice to the Town Clerk. To satisfy this requirement, the Town clerk will provide the applicant with an affidavit, which must be completed and returned to the Town Clerk’s office by the Thursday prior to the scheduled hearing.

Continuances

A public hearing may be continued no more than twice without the need to re-notice. The date and time of the continuance shall be announced at the public hearing when it is continued. The applicant must update the large sign on the property with the new date and time within forty-eight (48) hours.

Public Hearings Required

The following types of Land Use Applications require public hearings as follows:

The Planning and Zoning Commission meets the second and fourth Wednesdays of the month. The Town Council and Board of Zoning Adjustment meet the first and third Tuesdays of the month.