HomeMy WebLinkAboutBEATTIE ELEMENTARY SCHOOL ADDITION - ADVISORY SITE PLAN REVIEW - 47-94 - SUBMITTAL DOCUMENTS - ROUND 1 -31-23-209
Govcrnnlcnl - Municipal
268
269 Planning and Zoning
the IcOlory affected and. after the approval by each body, shall be filed
with tl c county clerk and recorder of each county wherein the territory is
locate
Sour�e: R & RE, L. 75, p. 1148, § I.
31-2--209. Legal status of official plan. When Ilse commission has
adoptc the master plan of the municipality or of one or more major sections
or disc icts thereof, no street, square, park or other public way, ground or
open sl ace, public building or structure, or publicly or privately owned
Public lility shall be constructed or authorized in the municipality or in
such pl inned section and district until the location, character, and extent
thereof ias been submitted for approval by the commission. In case of disap-
proval, he commission shall communicate its reasons to file municipality's
governii g body, which has the power to overrule such disapproval, by a
recordcc vote of not less than two-thirds of its entire membership. If the
Public ay, ground space, building, structure, or utility is one the authoriza-
lion or financing of which does not, under the law or charter provisions
r,overnii g the same, fall within file province of the municipal governing body,
Ilse sub" fission to the commission shall be by the governmental body having
jurisdicl on, and the planning commission's disapproval may be overruled
by said governmental body by a vole of not less than two-thirds of its
member hip. The failure of the commission 10 act within sixty days from and after the dale of official submission Io it shall be deemed approval.
Source R & RE, L. 75, p, 1148, § I.
Clty In advisory role. There is nothing in
§ 31-23-20 and this section which indicates a
legislative i tent to broaden a city's authority.
They place ullimale governmental authority
in nnalicrs Pertaining to land use in unincor.
porated an s in the county. In effect, a city is
given only n advisory role. Robinson v. City
of Boulder, 190 Colo. 357, 547 P.2d 228
(1976).
Amendment to plan not subject to refer-
endum powers. Being advisory only, an
amendment to a municipal master plan is not
legislation which is subject to the referendum
Powers reserved to the people. Margolis v.
District Court, 638 1r.2d 297 (Colo. 1981).
31-23-210. Publicity -,(ravel - information - entr), The commission has
power to promote public interest in and understanding of the plan and to
that end lay publish and distribute copies of the plan or any report and
may emp "Y such other means of publicity and education as it may deler-
Inine. Members of the commission stay attend city planning conlcrences,
n,cclings f city planning institutes, or hearings upon pending municipal
planning I -gislalion, and file commission may pay, by resolution, the reason-
able (rave ing expenses incident to such attendance. The commission shall
reconuncr d, from time to time, to the appropriate public officials programs
for public structures and improvements and for the financing (hereof. It shall
he part of its duties to consult and advise will, public officials and agencies,
Public utility companies, civic, cducalional, prolcssional, and other organiza-
lu,ns, and with citizens in relation to protecting and carrying oul the plan.
1 be conur ission has the right to accept and use gills Ihr the exercise r f its
within a reasonable length of time, such available information a
sion may require for its work. The commission and its mem.
and employees, in the performance of their fdriclions, may er
land and make examinations and surveys and ,place and maint
marks and monuments thereon. In general, the commission ha
as are necessary to enable it to fulfill its functions, to prom(
planning, or to carry out the purposes of this pail 2.
Source: R & RE, L. 75, p. 1148, § 1.
31-23-211. Zoning. Where a commission is establish( %` ac
the provisions of this part 2, it has and shall exercise art'bf it
rights granted to the zoning commission by part 3 of this a
is a zoning commission in existence at the time that a comp
the zoning commission shall deliver to the commission ai' i
shall thereafter cease to exercise the powers and prerogatives pi
cised by it; except that, if the existing zoning commission is ne
lion of a zoning plan, the governing body of the municipality I
by resolution, the transfer of the zoning commission's powers
lion of the zoning plan; but in no event shall the period of such 1
exceed six months from the date of the creation of the commis
in this section shall invalidate or otherwise affect any zoning
lion or any action of the zoning commission dopled or take
creation of a commission.
Source: R & RE, L. 75, p. 1149,5 1.
C.J.S. See 62 U.S., Municipal Corpora-
tions, 1672.
31-23-212. Jurisdiction. The territorial ji
over the subdivision of land includes all land I
ries of file municipality and, limited only to ci
street plan and not otherwise, also includes a
of the boundaries of the municipality not loc.
except that in the case of any such land ly
than one municipality, the jurisdiction of ea
at a boundary line equidistant from the respt
municipalities. The jurisdiction over the sul
boundary of a municipality shall apply equally
Source: R & RE, L. 75, p. 1149, § I.
31-23-213. Scope of control. When a come
street plan for the territory within its subdivisic
as provided in section 31-23-208, and has ftice
in the oltice of the county clerk and recorder
If s"ch par( is located. no plat of a su
:J
sdiction of
ated within e
Irol wit, :ere
land lying with
�d in any other
g within five* I
commission s
ive municipal
ivision of Ian(
r any municipa
fission has ad,
, control, or an
a certified cop
lcounty idivi ion of [at
or (ml1*1 uutlding b yolld the ICItllonal hnuis of the dislnct except III ac
ante with the provisions of section 22-32-109 (1) (v).
Source: (2) amen ed, L. 75, p. 786, § 5; (1) amended, L. 77, p. 1050, §
(2) amegded, L. 79, p. 783, § 3.
22-32-124. Building codes - zoning - planning. (1) Prior to 1)te c. isi-
lion of land or any contracting for the purchase thereof, the board of educa.
lion shall consult with and advise in writing the planning commission, or
governing body if no planning commission exists, which has jurisdiction over
the territory in wit ch the site is proposed to be located in order that the
proposed site shall conform to the adopted plan of the community insofar
as is feasible. In adc ition, llte board of education shall submit a site develop-
ment plan for revi w and comment thereon to such planning commission
or governing body prior 0 construction of.any structure or building. The
planning commission or governing body may request a public hearing before
the board of educat on relating to the proposed site location or site develop-
ment plan. The board of education shall thereafter promptly schedule the
hearing, publish at least one notice in advance of the (tearing, and provide
written notice of Ih hearing to the requesting planning commission or gov-
erning body. Prior t the acquisition of land for school building sites or con-
struction of any bui dings thereon, (he board of education also shall consult
with life Colorado geological survey regarding potential swelling soil, mine
subsidence, and oth r geologic hazards and to determine the geologic suit-
ability of the site for its proposed use. All buildings and structures shall be
erected in conformi y with the standards of lite division of labor. Nolhinl
in this subsection ( ) shall be construed to limit the authority of a board
of education to finally determine the location of public schools within the
district and erect necessary buildings and structures.
(2) (a) Notwilhs anding the provisions of section 8-1-107 (2) (d), C.R.S.,
upon request of the livision of la.>or after consulting with the allccted board
of education, the a propriale building department of a county, town, city,
or city and county herein a building or structure has been erected pursuant
to subsection (I) of Ihis section may make the necessary'inspeciions to deler-
mine that such building or structure has been erected in conformity with
the standards of lite division of labor and, if such building or structure Ib
in conformity, shall issue the necessary certificate of occupancy prior to use
of the building orstructure by the school district. A fee may be charged
for such inspections lupon approval of the board of education, if the amount
of the fee is determiined on the basis of the direct cost of providing such
service. If the divisi n of labor after consulting with the affected board of
education requests i speclions by the building department, such inspections
shall be in lieu of fly inspections made by (he division of labor; except
that this subsection 2) shall not be construed to relieve the division of labor
of the responsibility to conduct such inspections if the appropriate counlY,
town, city, or city at d county agency does not conduct the inspections. ADY
county, town, city, or city and county conducting such inspections shall also
be aulliorized to ant ually reinspect the building or structure to assure that
it is maintained an operated in accordance with the fire code adopted b
the diicclot oil the division of labor. I he inspecting entity shall cooperate
with the affected school district in carrying out the duties of this section.I
(b) If the division of labor conducts the necessary inspection to deteiinine
that a building or structure erected pursuant to subsection (I) of this section
has been erected in conformity with the standards of the division of labor,
it shall charge a fee of two hundred dollars for such inspection: Any'' fees
collected by the division of labor pursuant to this paragraph (b) shall be
transmitted to the state treasurer, who shall credit the same to the public
Safely inspection fund create(] pursuant to section 8-1-151, C.R.S.
(3) The county, town, city, city and county, or fire protection district
providing fire protection service for the buildings and structures of a school
diltrict may annually inspect such buildings and structures to assurejhak
they are maintained in accordance with the fire code adopted by the director
of the division of labor unless the board of education of the district has.
contracted for such inspections to be conducted by a person qualified to
conduct such inspections by reason of experience, training, or certification.
Source: Amended, L. $I, p. 1064, § I; (1) R & RE and (2) amended, L.
84, pp. 599, 600, § § I, 2; (2) amended, L. 85, p. 338, § 6; amended, L.
86, P. 499, § 118. 1
22-32-125. Applicability of article. —�■�
Repealed, L. 75, p. 788, § 13, effective July I, 1975.
22-32-126. Principals- employment and authority.
Principal has the authority to adopt policies,
les, and regulgtions to implement school
they. DeKoevend Y. Board of Educ., 653
2d 743 (Colo. App. 1982), rev'd on other
uunds, 688 P.2d 219 (Colo. 1984).
1 he administrative responsibilities set forth
this section could not be carried out if the
incipal was unable to promulgate rules and
force them. I)cKoevend v. Board of Educ.,
653 P.2d 743 (Colo. App. 1982), rcv'd on
other grounds, 688 P.2d 219 (Colo. 1984)1
Principal has authority to supervise teachers.
Taking the steps necessary to supervise] and
insure the effectiveness of teachers is within
the authority delegated to the principal by the
school board and thus constitutes a lcgnttnate
exercise of his power. Thompson v. Boaof of
Educ., 668 P.2d 954 (Colo. App. 19g31•
22-32-127. leases or installment purchases for periods exceeding one y
1) (a) Whenever the term of an installment purchase agreement or a h
greemenl with an option to purchase under which a school district beco
Milled to the use of undeveloped or improved real property or equipn
or a school site, building, or structure is greater than one year, the obliga
t0 make payments under the agreement shall constitute an indebtednes
'be district.
(II) Under any installment purchase agreement or under any leas(
rental agreement, with or without the option to purchase, or similar ag
'lent pursuant to which the subject real or personal property is used by
school district for school district purposes, title shall be considered to h
1'3ssed to the school district at life time of execution of the agreement
'orPoses of dclerniining liability for or exemption from property taxation.
(2) No board of education shall enter into an installment purchase agi
nlent of the type which constitutes an indebtedness unless such agreem
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