Pre-Submission Requirements (Early Assistance)

Transcription

1 El Pas Cunty, Clrad Land Develpment Cde Chapter Nine SPECIAL DISTRICTS 9.1. GENERAL PROVISIONS AND PROCEDURES Purpses The purpse f this Chapter is t implement the BCC ' s authrity t review and apprve service plans fr prpsed special districts and amendments f existing service plans under C.R.S , et seq. ( ' Cntrl Act ' ), 1993, as amended. All prvisins f this Chapter are intended t be in cmpliance with the authrity and prcedures specified in the Cntrl Act and related statutes. T the extent that this Chapter des nt expressly incrprate all applicable prvisins f the Cntrl Act and related statutes, thse prvisins shall still gvern as stated in the Cntrl Act r related statutes. The prcedures recgnized in the Cntrl Act and set frth in this Chapter are necessary fr the rderly creatin f special districts and fr the lgical extensin f special district services thrughut the Cunty. The Cntrl Act as implemented herein serves the purpses f preventing unnecessary prliferatin and fragmentatin f lcal gvernment and aviding excessive diffusin f lcal tax surces pursuant t C.R.S The plicies f the Cunty regarding special districts are included with the Special District Plicies, Mdel Service Plans and Annual Reprts and Disclsure Frms, as adpted by the BCC and as amended frm time t time, and referenced in this Cde. Any special district requirements r plicies as referenced in this Chapter are available thrugh the Clerk t the BCC SERVICE PLAN APPLICATION STEPS AND REQUIREMENTS Applicatin Submittal Any persn prpsing the rganizatin f a special district which includes prperty in the unincrprated Cunty shall submit a service plan t the BCC and btain apprval f the draft service plan frm the BCC prir t filing a petitin fr the rganizatin f the special district in district curt in accrdance with the requirements f this Chapter (C.R.S ) Pre-Submissin Requirements (Early Assistance) (A) (B) Materials t be Submitted The applicant shall submit the required cpies f a letter f intent and all materials t the PCD including such ther infrmatin as necessary t adequately describe the prpsed service plan. Initial Review f Submitted Materials The letter f intent and infrmatin submitted are circulated t the Clerk t the Bard, OCA, and any invlved cunty departments fr initial review and cmment. Issues r cmments identified in the initial review shall be addressed and included in the draft service plan. Special Districts Chapter 9-Page 1 Effective 12/12/2017

2 El Pas Cunty, Clrad Land Develpment Cde Draft Service Plan (A) (B) (C) (D) (E) (F) Materials t Be Submitted The applicant shall submit the required cpies f the materials identified in the Prcedures Manual t the PCD, alng with any required fee as identified in the fee schedule. The applicant shall prvide a cpy t the Clerk t the BCC pursuant t C.R.S., (1). Review f Draft Service Plan T the extent time allws prir t the hearing, the PCD Directr shall, at his/her discretin, refer infrmatin cncerning the draft service plan t interested gvernmental units and any ther relevant review agencies. Schedule Hearing The PCD will crdinate the scheduling f the Planning Cmmissin hearing and the BCC hearing with the Clerk t the BCC. State Reprting The Clerk t the BCC is respnsible fr any State reprting requirements regarding the filing f the draft service plan. Staff Reprt and Cmments The PCD is respnsible fr prviding t the Planning Cmmissin and BCC any staff reprts and written cmments regarding the draft service plan. Planning Cmmissin Review f Draft Service Plan The fllwing review prcedure has been adpted pursuant t the prcedure utlined in C.R.S , and required by C.R.S (1): (1) Public Hearing The Planning Cmmissin shall cnsider the draft service plan r any majr amendment t a service plan at a public hearing. The applicant fr the draft service plan shall receive prir ntice f the hearing. The applicant shall cmply with applicable public hearing ntice requirements in C.R.S (2) Planning Cmmissin Recmmendatin The Planning Cmmissin shall review the draft service plan and make a written recmmendatin in the frm f a reslutin n the draft service plan t the BCC. The actin by the Planning Cmmissin may be in the frm f recmmending apprval, disapprval, r apprval with cnditins. The Planning Cmmissin shall make its recmmendatin within 30 days fllwing the submissin f the draft service plan with the Clerk and Recrder. The Planning Cmmissin als may cntinue the hearing t a set date and time t reslve any utstanding issues, but shall nt cntinue the hearing beynd the established recmmendatin deadline withut the cnsent f the applicant. The applicant ' s cnsent t the cntinuance shall relieve the Planning Cmmissin frm having t make their recmmendatin within 30 days fllwing submissin f the draft service plan with the Clerk and Recrder. Special Districts Chapter 9-Page 2 Effective 12/12/2017

3 El Pas Cunty, Clrad Land Develpment Cde (G) BCC Review f and Actin n Service Plan The fllwing review prcedure has been adpted pursuant t the prcedure required by C.R.S and C.R.S : (1) Set Hearing Date At the next regular meeting f the BCC which is held at least 10 days after the final Planning Cmmissin actin n the draft service plan, the BCC shall set a date within 30 days fr a public hearing n the draft service plan. (2) Ntice t Clrad Divisin f Lcal Gvernment The Clerk t the BCC shall prvide written ntice f the date, time, and lcatin f the public hearing t the Clrad Divisin f Lcal Gvernment. (3) Ntice t Applicant The BCC shall prvide written ntice f the date, time, and lcatin f the public hearing t the applicant fr the special district and t the gverning bdy f any existing municipality r special district which has levied an ad valrem tax within the preceding tax year and which has bundaries within a radius f 3 miles f the prpsed special district bundaries. The gvernmental units nticed shall be interested parties in the public hearing prcess. (4) Published Ntice The BCC shall publish ntice f the public hearing in a newspaper f general circulatin in the Cunty, the first publicatin f which shall be at least 20 days prir t the public hearing date. The publicatin shall cnstitute cnstructive ntice t the residents and prperty wners within the bundaries f the prpsed special district. The residents and prperty wners within the bundaries f the prpsed special district shall be interested parties at the public hearing. The published newspaper ntice shall cntain the fllwing infrmatin: The date, time, lcatin, and purpse f the hearing; A general descriptin f the land cntained within the bundaries f the prpsed special district; and Infrmatin utlining the methds and prcedures cncerning the filing f a petitin fr exclusin f territry frm the prpsed district. (5) Prperty Owner Ntificatin Nt mre than 30 days nr less than 20 days prir t the public hearing, the applicant fr the special district shall send letter ntificatin f the hearing t the prperty wners within the bundaries f the prpsed special district, all as further required by C.R.S (1.5). The written ntificatin shall indicate that this is a ntice f a hearing fr the rganizatin f a special district and shall indicate the date, time, Special Districts Chapter 9-Page 3 Effective 12/12/2017

4 El Pas Cunty, Clrad Land Develpment Cde lcatin, and purpse f the hearing, a reference t the type f special district and any ther requirements f the statute, and shall include a cmplete return address, and shall include a pint f cntact fr the applicant and stipulate that written requests fr exclusin be directed t the Clerk t the BCC. (6) Jint Hearing If the bundaries f the prpsed special district include territry within the Cunty and anther Cunty r cunties, the BCC f each f the respective cunties, at their discretin, may hld a jint hearing n the prpsed special district in accrdance with the prcedural requirements applicable t BCC hearings n draft service plans (C.R.S (1), referencing the hearing requirements f ). (7) Required Public Hearing Prcedures The hearing held by the BCC shall be pen t the public, and a recrd f the prceedings shall be made. Interested parties at the hearing shall be the fllwing: The gverning bdies f any existing municipality r special district which has levied an ad valrem tax within the preceding tax year and which has bundaries within a radius f 3 miles f the prpsed special district; and The residents and prperty wners within the bundaries f the prpsed special district. All interested parties shall be affrded an pprtunity t be heard under the rules f prcedure as may be established by the BCC. Any testimny r evidence which in the BCC s determinatin is relevant t the rganizatin f the special district shall be cnsidered. (8) Exclusins f Prperty frm Prpsed District (a) (b) Requesting Exclusin frm the Special District Any persn wning prperty within the bundaries f the prpsed special district wh requests that their prperty be excluded frm the special district prir t apprval f the draft service plan shall submit the request t the Clerk t the BCC n later than 10 days prir t the BCC ' s public hearing n the draft service plan, but the BCC shall nt be limited in their actin with respect t exclusin f territry based upn such request. Cnsideratin f Requests fr Exclusin The BCC may exclude certain prperties frm within the prpsed bundaries f the special district prir t apprval f the draft service plan, and shall cnsider thse requests fr exclusin f prperty filed in accrdance with C.R.S The PCD shall prvide an analysis f any requests fr exclusin f prperty, which may be used as a basis fr BCC actin pursuant t individual request fr exclusin. Special Districts Chapter 9-Page 4 Effective 12/12/2017

5 El Pas Cunty, Clrad Land Develpment Cde The applicant fr the special district shall have the burden f prving that the exclusin f any prperty requested t be excluded is nt in the best interests f the prpsed special district. The BCC shall act n all requests fr exclusin befre they take final actin issuing a reslutin f apprval fr the special district. (9) BCC Authrity t Act n Service Plan The findings f the BCC n the draft service plan shall be based slely upn the draft service plan and the evidence r recmmendatins presented at the BCC ' s public hearing by the applicant fr the special district, the Planning Cmmissin, and any interested party. The BCC has the fllwing authrity in the review f any prpsed draft service plan: T apprve the draft service plan as submitted withut cnditin r mdificatin. T disapprve the draft service plan as submitted. T cnditinally apprve the draft service plan subject t the submissin f additinal infrmatin relating t, r the mdificatin f, the draft service plan. The BCC may exercise this pwer f cnditinal apprval if they have satisfactry evidence, based n the public hearing, that the draft service plan des nt cmply with the required criteria fr apprval (C.R.S (2)). The BCC ' s final apprval shall then be cntingent upn the applicant mdifying the draft service plan t include the changes, r prviding the additinal infrmatin, as the BCC shall specifically state in their findings n the draft service plan. If the BCC requires changes, mdificatins r additinal infrmatin t the draft service plan befre apprval, the hearing will be cntinued until the changes, mdificatins, r additinal infrmatin requirements are satisfied and incrprated int the draft service plan. Unless the cntinuatin is t a date and time specific as annunced at the hearing, re-ntificatin f interested parties and parties requesting exclusin is required. (10) Ntice Cncerning Decisin Within 20 days fllwing BCC actin n the draft service plan, the BCC shall advise the applicant fr the prpsed special district in writing f the BCC actin n the draft service plan. (11) Recrding the BCC Actin (a) Apprval If the draft service plan is apprved as submitted, a reslutin f apprval shall be issued t the prpnent incrprating the findings f the BCC. Special Districts Chapter 9-Page 5 Effective 12/12/2017

6 El Pas Cunty, Clrad Land Develpment Cde (b) Disapprval If the draft service plan is disapprved as submitted, the specific detailed reasns fr the disapprval shall be set frth in writing. (c) Cnditinal Apprval If the draft service plan is cnditinally apprved, the BCC shall set frth in writing the cnditins, changes r mdificatins t be made in, r the additinal infrmatin relating t, the draft service plan, tgether with the reasns fr the changes, mdificatins, r additinal infrmatin. Upn incrpratin f the specified cnditins, changes, mdificatins, r additinal infrmatin int the draft service plan (applicant shall prvide 4 cpies f the revised draft service plan t the PCD and shall prvide a cpy t the Clerk and Recrder) the BCC shall issue a reslutin f apprval t the prpnent f the special district. (H) Criteria fr Apprval f Draft Service Plan (1) Territry Which District May Cver A special district may be entirely within r entirely withut, r partly within and partly withut, ne r mre municipalities r cunties, and may cnsist f nncntiguus tracts r parcels f prperty (C.R.S (1)). (2) Limitatins n Apprval f a Service Plan N special district may be rganized whlly r partly within an existing special district prviding the same service (C.R.S (2) and (2.1)). Nthing in this prvisin, hwever, shall prevent a special district prviding different services frm rganizing whlly r partly within an existing special district. (3) Petitin Filed N draft service plan shall be apprved if a petitin bjecting t the draft service plan and signed by the wners f taxable real and persnal prperty, which equals mre than 50 percent f the ttal valuatin fr assessment f all taxable real and persnal prperty t be included in the prpsed special district, is filed with the BCC n later than 10 days prir t the BCC ' s public hearing n the draft service plan, unless such prperty has been excluded by the BCC (C.R.S (3.5)). (I) Mandatry Criteria fr Disapprval The BCC shall disapprve the draft service plan unless evidence satisfactry t it f each f the fllwing is presented r, in the BCC ' s discretin, the BCC cnditinally apprves the draft service plan t cause cmpliance with these criteria (C.R.S (2)): Special Districts Chapter 9-Page 6 Effective 12/12/2017

7 El Pas Cunty, Clrad Land Develpment Cde There is sufficient existing and prjected need fr rganized service in the area t be served by the prpsed special district; The existing service in the area t be served by the prpsed special district is inadequate fr present and prjected needs; The prpsed special district is capable f prviding ecnmical and sufficient service t the area within its prpsed bundaries; The area t be included in the prpsed special district has, r will have, the financial ability t discharge the prpsed indebtedness n a reasnable basis. (J) Discretinary Criteria fr Disapprval The BCC may disapprve the draft service plan if evidence f the fllwing, at the BCC ' s discretin, is nt presented (C.R.S (2.5)): Adequate service is nt, r will nt be, available t the area thrugh the Cunty r ther existing municipal r quasimunicipal crpratins, including existing special districts, within a reasnable time and n a cmparable basis; The facility and service standards f the prpsed special district are cmpatible with the facility and service standards f each Cunty within which the prpsed special district is t be lcated and each municipality which is an interested party as defined in C.R.S and this Cde; The prpsal is in substantial cmpliance with the El Pas Cunty Master Plan; The prpsal is in cmpliance with any duly adpted Cunty reginal, r State lng-range water quality management plan fr the area; r The creatin f the prpsed special district will be in the best interests f the area prpsed t be served. (K) Filing f Apprved Service Plan The apprved service plan shall be filed as part f the petitin fr the rganizatin f the special district in district curt in accrdance with State Statute. The apprved service plan shall be cnsidered the final service plan when an rder is entered by the district curt declaring the special district rganized MATERIAL MODIFICATIONS TO COUNTY-FINAL SERVICE PLAN Cunty Apprval f Substantial Mdificatins t Final Service Plan Once a special district with territry in the unincrprated Cunty has been rganized pursuant t the terms f this Chapter and the Cntrl Act, the Bard f Directrs f the special district may make material mdificatins t the final service plan nly by petitin t and apprval by the BCC pursuant t the prcedures gverning the review and apprval f the riginal service plan submittals (C.R.S (1)-(3), as amended). Special Districts Chapter 9-Page 7 Effective 12/12/2017

8 El Pas Cunty, Clrad Land Develpment Cde Material Mdificatin Defined A material mdificatin f a final service plan shall be a change f a basic r essential nature, including but nt limited t the fllwing: Any additin t the types f services prvided by the special district; A decrease in the level f services prvided by the special district; A decrease in the financial ability f the district t discharge the existing r prpsed indebtedness; r A decrease in the existing r prjected need fr rganized service in the area. Any service prvided utside f the district bundaries r apprved service area which reduces service capabilities within the district. Any mdificatin that is cntrary t a cnditin impsed by the BCC in the final service plan r which is identified as a material mdificatin within the final service plan Change f District Bundaries A material mdificatin may be fund t exist if an apprved special district changes its bundaries t include territry in the unincrprated Cunty when the district previusly included n territry in the unincrprated Cunty. If the special district changes its bundaries in this fashin, it shall ntify the BCC, wh may review the inclusin f territry. If the BCC determine based n this review that the inclusin cnstitutes a material mdificatin t the special district ' s final service plan, the Bard f Directrs f the special district shall file a petitin fr apprval f a material mdificatin f the final service plan Excluded Mdificatins Apprval fr mdificatins f a final service plan shall nt be required fr changes necessary nly fr the executin f the final service plan, r fr changes in the bundaries f the special district ther than t include territry in the unincrprated Cunty when the special district previusly included n territry in the unincrprated Cunty Prcessing Fee The prcessing fee fr review f a petitin fr apprval f a material mdificatin is identified in the fee schedule and shall be submitted prir t cnsideratin f the applicatin Judicial Enfrcement Against Material Departures r Mdificatins t Apprved Service Plans The BCC may seek an injunctin in the district curt which apprved the petitin fr the rganizatin f the special district fr any material departure frm the final service plan, r, if the plan has been mdified, frm the final service plan as mdified, which cnstitutes a material mdificatin f the final service plan. Special Districts Chapter 9-Page 8 Effective 12/12/2017

9 El Pas Cunty, Clrad Land Develpment Cde Initiating Actin Against Material Departure r Mdificatin N actin may be brught t enjin the cnstructin f any facility, the issuance f bnds r ther financial bligatins, the levy f taxes, the impsitin f rates, fees, tlls and charges, r any ther prpsed activity f the special district unless the actin is cmmenced within 45 days after the special district has published ntice f its intentin t undertake the activity. The ntice shall describe the activity prpsed t be undertaken by the special district and prvide that any actin t enjin the activity as a material departure frm the final service plan must be brught within 45 days frm publicatin f the ntice. The ntice shall be published ne time in a newspaper f general circulatin in the special district, and shall be prvided t the district curt, as well as mailed t the BCC n r befre the date f publicatin f the ntice ANNUAL REPORTING REQUIREMENTS Request fr Required Reprts frm Any Special District (A) (B) (C) (D) Require Annual Reprt t be Filed Any special district lcated whlly r partly within the unincrprated Cunty shall file, nt mre than nce a year, a special district annual reprt (C.R.S (2) and (3)(C )-(D)). The detailed requirements f the annual reprt and disclsure frm are stipulated in BCC Reslutin , as may be amended. The annual reprt shall be filed with the BCC, the Clrad Divisin f Lcal Gvernment, and the State Auditr, and shall be placed n file with the Clerk and Recrder fr public inspectin. A cpy f the reprt shall als be made available by the special district t any interested party. Cntents f Annual Reprt The annual reprt shall include but shall nt be limited t infrmatin n the prgress f the special district in the implementatin f its final service plan. Review f Annual Reprts The BCC may review the annual reprts in a regularly scheduled public meeting, and such review shall be included as an agenda item in the public ntice fr such meeting. In additin, the State Auditr will review the annual reprt and reprt t the Clrad Divisin f Lcal Gvernment any apparent decrease in the financial ability f the district t discharge its existing r prpsed indebtedness in accrdance with the final service plan. In such event, the Clrad Divisin f Lcal Gvernment shall cnfer with the BCC f the special district and with the BCC regarding such cnditin. Recrding f Annual Reprts The Annual Reprt and Disclsure Frm is recrded in cnjunctin with the recrding f a final plat lcated within the special district. Special Districts Chapter 9-Page 9 Effective 12/12/2017

10 El Pas Cunty, Clrad Land Develpment Cde Special District t Prvide Cntact Infrmatin Annually On r befre January 15 f each year, each special district lcated in the unincrprated Cunty shall ntify the BCC, the Cunty Assessr, the Cunty Treasurer, and the Cunty Clerk and Recrder (in additin t the ther entities specified in C.R.S (2)), f the name f the chair f the Bard f Directrs, the cntact persn, the telephne number, and the business address f the special district. If the persns and address are nt lcated within the special district, the special district shall ntify the Cunty Clerk and Recrder f the name, address, and telephne number f a cntact persn lcated within the special district, if such persn is available Failure t Prvide Infrmatin r Annual Reprt If a special district fails t file an annual reprt r prvide any infrmatin required t be submitted within 9 mnths f the date f the request fr the annual reprt r infrmatin, the BCC, after ntice t the special district, may ntify any Cunty treasurer hlding mneys f the special district t prhibit release f any mneys until the special district cmplies with the applicable requirement SERVICE PLAN PROCESSING FEES The fees fr prcessing any Service Plan are established by State Statute and implemented by reslutin and the fee schedule. The prcessing fee shall be used t reimburse the Cunty fr the reasnable direct csts related t prcessing the service plan and cnducting the public hearings n the plan, including but nt limited t the csts f ntice, publicatin, and recrding f testimny. If it is determined that mre in-depth review f a particular service plan is required, an additinal service fee as prvided in C.R.S (3) and identified in the fee schedule may be impsed at submittal, t reimburse the Cunty fr the reasnable direct csts related t the in-depth review. Special Districts Chapter 9-Page 10 Effective 12/12/2017