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HomeMy WebLinkAboutSection 26.490 - Approval DocumentsCity of Aspen Land Use Code Part 400 – Approval Documents Page 1 Chapter 26.490 APPROVAL DOCUMENTS 26.490.010 Purpose. 26.490.020 Applicability. 26.490.030 Procedures and Standards for Review 26.490.040 Approval Documents Content and Form 26.490.050 Development Agreements. 26.490.060 Financial and Site Protection Requirements 26.490.070 Performance Guarantees 26.490.080 Deadlines and Extensions 26.490.090 Appeals 26.490.010. Purpose. The purpose of this Chapter is to: a) create certainty and clarity between a developer and the City regarding land use entitlements granted by the City, including certain expectations and obligations of a developer and of the City; b) improve public records regarding the character and nature of development approvals granted by the City; c) improve land records and survey monuments by establishing standards for surveys and plats; d) ensure the timely installation and maintenance of public facilities, landscape improvements, storm water improvements, and other improvements required pursuant to a land use approval; and, e) ensure the public health, safety, and welfare of the community is maintained during the construction process, including unforeseen circumstances of development. Ord. No.41-2013, §1) 26.490.020 Applicability and Limitations. This Chapter shall apply to all land use approvals granted by the City of Aspen pursuant to this Title that require submission or recordation of documents to reflect or define an approved site specific development plan. Documents submitted or recorded pursuant to this Chapter shall supersede or preclude the effect of laws and policies of general applicability of the City of Aspen or those of local, State, and Federal agencies with jurisdiction. Ord. No.41-2013, §1) 26.490.030 Procedures and Standards for Review. Upon receipt of a complete draft set of approval documents, the Community Development Director shall refer copies to other appropriate City staff and applicable outside agencies for compliance review. The draft set shall be evaluated to determine whether each document: 1. Accurately describes/depicts an approval granted by the City of Aspen. 2. Is in an acceptable style and format as prescribed herein and as further defined by the City and review agencies. City of Aspen Land Use Code Part 400 – Approval Documents Page 2 The Community Development Director shall provide response comments to the applicant specifying requested amendments to the draft documents. The Director shall advise the applicant whether an additional cycle of review is necessary or if the applicant can prepare final documents for signature. Upon cure of all requested amendments to the development documents, the applicant shall provide final documents, executed by the owner. The Community Development Director shall route the documents for final approval, and signatures as applicable, by the appropriate City or outside agencies. If the documents are to be recorded, the Community Development Director shall deliver the executed documents to the Pitkin County Clerk and Recorder for recordation. The Director shall coordinate with the applicant as needed for recordation of related documents. Recordation fees apply and shall be the responsibility of the applicant. Ord. No.41-2013, §1) 26.490.040 Approval Documents Content and Form Approval Documents required by this Title shall conform to the following requirements: A. Subdivision Plat. Subdivision plats required by Chapter 26.480 – Subdivision plats, including condominium plats and any change to a platted legal description of a parcel, shall contain the information and be in the format required by Title 29 – Engineering Design Standards, Plats. B. Right-of-Way Dedication/Vacation Plat. Right-of-Way Dedication/Vacation plats required by Chapter 26.480 – Subdivision, including any adjustment to the legal description of a public right- of-way, shall contain the information and be in the format required by Title 29 – Engineering Design Standards, Plats. C. Annexation Map. Annexation maps in connection with any annexation or disconnection of land to the City shall contain the information and be in the format required by Title 29 – Engineering Design Standards, Plats. D. Approved Plan Set. When required pursuant to this Title, plans shall be submitted to the Community Development Department to document the approved design, layout, and configuration of an approved project. The plans shall reflect approved changes made to the project during the review and provide reference to approval documents and date(s). The purpose of the Approved Plan Set is for the City and the developer to document a common understanding of the approval granted. The plan should be of sufficient detail to understand the intent of the developer but should not be considered an application for building permit, a thorough review by the city of technical requirements, and should not be considered a construction-level document or a permit to proceed. Plans do not need to show specific details and are not expected to be technical drawings or construction plans. Plans must be in 24” x 36” format and include an approval certificate for the Community Development Director. Smaller plans may be accepted for simple projects. The Director may require certain plans be prepared in a format acceptable for recording. Plans shall also be submitted City of Aspen Land Use Code Part 400 – Approval Documents Page 3 in a digital format as prescribed by the City. Depending on the nature and complexity of a project and its approvals, some or all of the following plans shall be included in an Approved Plan Set: 1. Conceptual Commercial or Historic Design Review Plans. Plan and elevation drawings to reflect a conceptual design review approval granted by the City. The plans should depict the general layout, massing, heights, and setbacks of the approved development. The plans may contain a combination of elevations, axonometric views, narrative, and illustrative renderings. The city may require language on the plans specifying the limits of the conceptual design approval. 2. Final Commercial or Historic Design Review Plans. Plan and elevation drawings to reflect a final design review approval granted by the City. The plans may contain a combination of elevations, floor plans, axonometric views, depiction/description of exterior materials, narrative, and illustrative renderings. 3. Planned Development – Project Review. Plan and elevation drawings to reflect the Project Review approval for a Planned Development. The plans should depict/describe the uses, site plan, general layout, massing, heights, and all dimensions of the Project Review approval. The plans may contain a combination of floor plans, elevations, axonometric views, narrative, and illustrative renderings. The city may require language on the plans noting the limits of the approval or highlighting aspects of the design expected to be amended prior to Detail review. 4. Planned Development – Detail Review. Plan and elevation drawings to reflect a Detail Review approval for a Planned Development. The plans should depict/describe the specific uses, site plan, general layout, massing, heights, dimensions, and conditions of the Detail Review approval. The plans may contain a combination of floor plans, elevations, axonometric views, depiction/description of exterior materials, narrative, and illustrative renderings. The city may require language on the plans noting limitations of the approval. Depending upon the complexity of the project, additional plans as described herein may be required to provide more detail or address certain aspects of the approved project. 5. Environmentally Sensitive Area Plan. A plan depicting the general layout of development approved within an environmentally sensitive area. The plan should provide a general depiction of the layout of existing and proposed natural and man-made features and improvements including structures, existing vegetation, landscape improvements, civil improvements, and access ways including accessible routes if relevant. The plan shall describe/depict unique setbacks, building envelopes, no-build zones, height restrictions, and similar unique conditions of the approval. The plan should depict and describe detailed location and types of vegetation protection measures to preserve environmentally sensitive areas. The plan may include draft restoration techniques to be implemented, at a conceptual level, including ecological communities targeted to restore or improve. The plan may contain a combination of plans, elevations, site sections, axonometric views, depiction/description of exterior materials, narrative, and illustrative renderings. 6. Hazards Map. A plan prepared by a Colorado registered Professional Engineer depicting, and describing in narrative as necessary, all areas of a property that are affected by the presence of City of Aspen Land Use Code Part 400 – Approval Documents Page 4 natural or man-made hazard areas including areas of the property affected by flooding, mudflow, debris flow, fault ruptures, landslides, rock or soil creep, rock falls, rock slides, mining activity including mine waste deposit, avalanche or snowslide areas, slopes in excess of 30%, and any other natural or man-made hazard or condition that could harm the health, safety, or welfare of the community. Areas with topography in excess of 30% shall require a slope stability study reviewed by the Colorado Geologic Survey. 7. Hazards Mitigation Plan. A plan describing/depicting certain required construction or mitigation techniques to ensure public health and safety from known natural and man-made hazards affecting a property. The plan shall be prepared by a Colorado registered Professional Engineer. 8. Illustrative Site Plan. A plan depicting the general layout of proposed development. The plan should depict the layout of existing and proposed natural and man-made features and improvements including structures, landscape improvements, civil improvements, and access ways including accessible routes if relevant. The plan may contain a combination of site plans, narrative, and illustrative renderings. 9. Accessibility Plan. A plan depicting accessible routes intended to meet the provisions of the International Building Code. The plan should be of sufficient detail to understand the intent of the developer but should not be considered a construction document. 10. Transportation Management Plan. A plan describing/depicting the Transportation Impacts associated with the project, as may be required by this Title, and containing proposed special operational practices or demand management techniques to be implemented to reduce the impacts of the project on pedestrian, bicycle, transit, and road systems. 11. Historic Preservation Plan. A plan showing the location and condition or existing structures and site features to be protected or restored as approved by the City of Aspen. The plan shall diagram and describe protection techniques to be used to protect historic resources during construction or from demolition by neglect, including structure stabilization, protection from weather or other site or environmental conditions, temporary relocation, protective barriers or fencing, and other techniques to protect an historic resource. The plan shall describe and depict restoration strategies to recover the structure(s) or resources, including specific conditions of the approval. The plan shall include an approval certificate for the Historic Preservation Officer. 12. Architectural Character Plan. A plan depicting the general character of proposed structures. The plan should depict the massing, layout, exterior materials, and fenestration of the proposed buildings. The plan may contain a combination of elevations, floor plans, axonometric views, depiction/description of exterior materials, narrative, and illustrative renderings. The plan does not need to show every aspect of every building, especially if the architectural character is repeated. Interior demising walls between units should be shown, but other interior layouts of individual units, fixture details, furniture, etc. are not necessary to depict. City of Aspen Land Use Code Part 400 – Approval Documents Page 5 13. Landscape Character Plan. A plan showing location, size and type of proposed landscape features. The plan should depict the layout and character of plant materials, site features, hardscape, fixed furniture, structures, fences, drainage improvements, and other exterior elements. The plan may contain a combination of site plans, site sections, plant type and material specifications, narrative, and illustrative renderings. The plan may contain design details for site features or systems to be installed. The plan does not need to show every detail of every exterior treatment. The plan shall include an approval certificate for the Director of Parks and Open Space. 14. Vegetation Removal/Protection Plan. A plan showing the location, size and type of existing vegetation and other natural landscape features within the property limits, including the location of trees with a trunk diameter of four (4) inches or more measured four and one-half 4½) feet above the ground. For native species, the plan shall locate vegetation with a trunk diameter of three (3) inches or more. Where large groves exist, single trees need not be located. The plan shall diagram vegetation proposed for removal along with a list of each tree, species, and measured caliper. The vegetation removal plan shall correlate with excavation and grading plans. The plan shall diagram and describe vegetation protection techniques to be used including protective fencing and areas where materials storage will be prohibited. The plan shall include an approval certificate for the Director of Parks and Open Space. 15. Existing and Proposed Site Topography and Drainage. A plan depicting the pre-development conditions and proposed grading of a site including layout of proposed development and depiction of drainage basins. The plan should provide a general description of proposed drainage improvements. The plan should be of sufficient detail to understand the intent of the developer but should not be considered a construction document. The plan may contain a combination of site plans, sections, and narrative. This may include an interpololated natural grade plan documenting estimated pre- development conditions of the site. A plan estimating pre-development topography must be prepared by a registered land surveyor or civil engineer. The Community Development Director may require additional historical documentation, technical studies, reports, or other information to verify a pre-development topography. The Director may require this plan be prepared in a recordable format. 16. Public Easement Plan. A plan depicting and describing the layout and purpose of existing and proposed public easements affecting the property including those dedicated for current or future infrastructure needs; those dedicated for current or future access needs such as roads, trails, open space, fishing, skiing, or similar access or recreational needs; and, those dedicated for current or future use, operational, or maintenance needs. If the plan is intended to dedicate the easements, the plan shall be prepared in a recordable format with appropriate approval and acceptance certificates. 17. Public Infrastructure Plan. A plan depicting the layout and design of proposed public improvements to be built by a developer. The plan shall include plans and specifications for all public improvements to be installed with the proposed development including but not limited to water and sewer utilities; electric transformers; streets, sidewalks, and related City of Aspen Land Use Code Part 400 – Approval Documents Page 6 improvements; trails; bridges; transit facilities; structures; storm drainage improvements; and, similar public infrastructure or facilities. The Community Development Director may require sufficient detail and unit totals for cost estimating and surety requirements in conjunction with a Development Agreement. In the alternative, the Community Development Director may postpone submission of the detailed design and/or specifications necessary for unit totals and costing for inclusion in a supplement to the Development Agreement to be executed prior to issuance of a building permit. The City may require as-built drawings prior to acceptance of the improvements. (Also see Development Agreements, below.) Ord. No.41-2013, §1) 26.490.050. Development Agreements. When required pursuant to this Title, the City and the developer shall enter into an agreement documenting the nature, extent, sequencing, and details of a project, including all conditions placed on the development order; the obligations and responsibilities of all parties including successors and assigns; and the procedures to define and cure default or failure to perform during the execution or operation of the project. The agreement shall be binding upon the parties. The form and content of the agreement shall be acceptable to the City Attorney, the Community Development Director, and other City staff or outside agencies affected by the agreement. The Development Agreement may refer to or contain an approved plan set or similar maps, depictions, or descriptions of improvements or obligations. The specific contents of a Development Agreement will vary according to the scope and complexity of a project, but shall generally contain the following provisions: A. A section of recitals stating the nature of the agreement, parties, background, and references to related documents. B. A section stating the purpose and effect of the agreement. C. A section stating the effect of prior approvals or agreements. D. A section describing the zoning and regulatory approvals granted and the allowances and restrictions of the approvals with references to approval documents. E. A section describing public improvements and required elements of the project which are subject to performance guarantees, along with referenced or attached plans and specifications. F. A section describing any cost-recovery or pro-rata reimbursement schedule related to over- sizing public infrastructure. G. A section describing any unique construction techniques, sequencing, or timing requirements. H. A section describing any unique operating conditions or requirements of the project during or following completion. City of Aspen Land Use Code Part 400 – Approval Documents Page 7 I. A section describing the effect and time period of statutory vested rights. J. A section describing process and procedures for dispute resolution. K. A section describing the process for amendments and extensions. L. A section describing general provisions applicable to the agreement. M. A section including or referring to agreements with utility agencies outside the City, as applicable. N. A section describing financial and site protection requirements and performance guarantee requirements. O. A section describing submission requirements for a building permit, including unique submission, permit review, or permit issuance sequencing conditions of a phased project. Development Agreements shall not supersede the allowances and limitations of an approved Development Order. If during drafting of the development agreement certain amendments are desired by all parties, the amendments shall be subject to the procedures and requirements applicable to such an amendment and the City shall issue an amended Development Order if the amendments are approved. Ord. No.41-2013, §1) 26.490.060. Financial and Site Protection Requirements A. Proof of Financing. The City may require, as a condition of issuing a permit allowing an Owner to proceed with any phase of a project, the Owner provide to the City Building Department and the City Attorney for review and approval satisfactory evidence that the Owner has in place sufficient financing to accomplish and complete the construction related to the Building Permit being sought, including all private and public improvements covered by the Building Permit, and all public improvements required under the Development Order or Development Agreement. The requirement for proof of financing shall be defined in the Development Order or Development Agreement for the project. Supporting cost estimates for all improvements covered by the requested Building Permit shall be prepared by the Owner’s General Contractor and shall be reviewed by the City Attorney before the Building Permit is issued. B. Site Protection Guarantee. The City may require, as a condition of issuing a permit allowing an Owner to proceed with any phase of a project, the Owner deposit cash escrow funds with an acceptable Escrow Agent, or other financial security acceptable to the City Attorney, to secure recovery of the property and surrounding grounds to a safe condition in the event of a work stoppage. The requirement for and the amount of a cash escrow shall be defined in the Development Order or Development Agreement for the project. The Owner shall execute an Escrow Agreement and City of Aspen Land Use Code Part 400 – Approval Documents Page 8 Instructions with the Escrow Agent in a form acceptable to the City Attorney. The agreement shall include instructions in substantially the following form: In the event construction work on [the project] shall cease for sixty (60) days or longer (‘work stoppage’) prior to completion of the work authorized by the Foundation/Structural Frame Permit on [the project], then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of protecting and securing [the project] site, surrounding grounds, and improvements from damage by the elements, from trespass by unauthorized persons, and for purposes of improving [the project] site and surrounding grounds to a safe condition such that it does not become an attractive nuisance or pose a threat to neighbors or other persons.” The City of Aspen shall be named a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the terms of the Agreement. Unless otherwise established in a Development Order or Development Agreement, the Escrow Funds or any remaining balance thereof shall be returned to Applicant upon substantial completion of the project to a “dried-in” condition. The Community Development Director may authorize partial releases, in increments of no less than 25% of the original surety, of the Site Protection Guarantee as portions of the project progress and public safety issues are reduced. C. Site Enhancement Guarantee. The City may require, as a condition of issuing a permit allowing an Owner to proceed with any phase of a project, the Owner deposit cash escrow funds with an acceptable Escrow Agent, or other financial security acceptable to the City Attorney, to secure recovery of the site and surrounding grounds to a visually acceptable condition and to install public improvements on or adjacent to the project site to a safe condition in the event of a work stoppage. The requirement for and the amount of a cash escrow shall be defined in the Development Order or Development Agreement for the project. The Owner shall execute an Escrow Agreement and Instructions with the Escrow Agent in a form acceptable to the City Attorney. The agreement shall include instructions in substantially the following form: In the event construction work on [the project] shall cease for ninety (90) days or longer (‘work stoppage’) prior to a final inspection by the City of the work authorized by any permit or phase of permit for [the project], then the City in its discretion may draw upon the Escrow Funds from time to time as needed for purposes of improving the appearance of any construction already completed on or adjacent to the project site and for installing any public improvements on or adjacent to the project site. The City shall have sole discretion with respect to the manner of improving the appearance of construction work in progress as well as determining the public improvements to be installed.” The City of Aspen shall be named a third party beneficiary of the Escrow Agreement with the express right and authority to enforce the terms of the Agreement. Unless otherwise established in a Development Order or Development Agreement, the Escrow Funds or any remaining balance thereof shall be returned to Applicant upon completion by the City of a final inspection or issuance of a Certificate of Occupancy for the project, or upon an earlier date as agreed to by the City. The Community Development Director may authorize partial releases, in increments of no less than 25% of the original surety, of the Site Enhancement Guarantee as portions of the project progress and aesthetic and public improvement issues are reduced. City of Aspen Land Use Code Part 400 – Approval Documents Page 9 Ord. No.41-2013, §1) 26.490.070. Performance Guarantees The City may require, as a condition of issuing a permit allowing an Owner to proceed with any phase of a project, the Owner provide certain performance guarantees to secure successful implementation of public improvements, and private improvements that inure to the benefit of the public, required under the Development Order or Development Agreement. The requirements for performance guarantees shall be defined in the Development Order or Development Agreement for the project. A. Types of Guarantees. Depending upon the nature and complexity of a project, the following types of performance guarantees may be required: 1. Landscape Guarantee. In order to ensure successful implementation of a landscape plan, the applicant may be required to provide a guarantee to ensure the successful installation of all landscaping required under a site specific development plan approval and the continued maintenance and replacement of the landscaping for a period of two (2) years after installation. 2. Native Landscape Restoration Guarantee. In order to ensure successful restoration of a native landscape, the applicant may be required to provide a guarantee to ensure the successful recovery of a site’s native vegetation as required under a site specific development plan approval and the continued maintenance and replacement of the native vegetation for a period of two (2) years after installation. 3. Environmentally Sensitive Area Guarantee. In order to ensure successful improvement to or restoration of an environmentally sensitive area, including riparian areas and areas of steep topography, the applicant may be required to provide a guarantee to ensure the successful improvement to or reclamation of a site as required under a site specific development plan approval and the continued maintenance and replacement of vegetation for a period of two (2) years after installation. 4. Natural Hazard Mitigation Guarantee. In order to ensure successful installation of natural hazard mitigation techniques, the applicant may be required to provide a guarantee to ensure the successful installation of hazard mitigation as required under a site specific development plan. 5. Historic Preservation Guarantee. In order to ensure the successful relocation, stabilization, protection, or restoration of an historic resource as required under a site specific development plan approval, the applicant may be required to provide a guarantee. Unless the amount may be estimated as described herein, the amount of the guarantee shall be established by the Historic Preservation Commission and may include certain sequencing requirements or restrictions in relation to the development and completion of other elements of a project. 6. Affordable Housing Guarantee. In order to ensure the successful development and completion of affordable housing as required under a site specific development plan approval, the applicant may be required to complete the required affordable housing prior to completion of City of Aspen Land Use Code Part 400 – Approval Documents Page 10 other elements of a project. Proportionate requirements may be established for phased projects, including phased completion of a project. If sequencing strategies cannot adequately secure the successful development and completion of required affordable housing, the applicant may be required to provide a guarantee in a form described below. 7. Public Facilities and Public Infrastructure Guarantee. In order to ensure installation of necessary public facilities and public infrastructure planned to accommodate the development and as required under a site specific development plan approval, the applicant may be required to provide a guarantee to ensure the successful installation of all public facilities and infrastructure. 8. Storm Water and Drainage Improvements Guarantee. In order to ensure successful implementation of storm water and drainage infrastructure planned to accommodate the development and as required under a site specific development plan approval, the applicant may be required to provide a guarantee to ensure the successful installation of all storm water and drainage infrastructure. 9. Miscellaneous. In order to ensure successful performance or completion of a requirement of a Development Order not otherwise contemplated herein, the applicant may be required to provide a guarantee. The amount, form, timing, inspection, and release provisions of the requirement shall be as defined in a Development Agreement. B. Amount of Guarantee. Unless otherwise specified within a Development Order, guarantees shall be in an amount no less than one-hundred-and-fifty percent (150%) of the current estimated cost of the improvements described in the approved plans and specifications. Current estimated costs shall be prepared by the General Contractor with supporting documentation from Colorado licensed professionals, as applicable, for review and acceptance by the City Engineer. The City Engineer may seek confirmation of cost estimates from third party professionals with local construction costing expertise. The City Engineer may require updated costing information if, in the opinion of the City Engineer, the estimates do not reflect current market conditions. The City Engineer may assign the review and acceptance of costs estimates to other City staff as necessary. In such case, all references to the City Engineer in this sub-section shall be to that assigned staff position. However, all tracking of the guarantee and releases thereof shall be maintained by the City Engineer. C. Form and Timing of Guarantees. Prior to requiring a monetary guarantee, the City shall pursue every non-monetary performance guarantee option, such as permitting or completion sequencing, in order to minimize the financial impact of performance guarantees on a project. Guarantees shall be described within a Development Agreement and specify each unit or item, unit costs, and quantities. The Development Agreement shall contain or refer to approved plans and specifications for the required improvements, as necessary. The Development Agreement shall allow unit costs to be adjusted to current market conditions unless a permit is accepted within one year of recordation of the Development Agreement. Guarantees shall be funded prior to issuance of a building permit, or any phase thereof which enables the initiation of construction. City of Aspen Land Use Code Part 400 – Approval Documents Page 11 Guarantees shall be in the form of a cash escrow with the City or a bank or savings and loan association or an irrevocable sight draft or letter of commitment from a financially responsible lender, or any other financial security acceptable to the City Attorney. The guarantee shall give the City the unconditional right upon demand to partially or fully complete or pay for any improvements or pay any outstanding bills or to withdraw funds upon demand to partially or fully complete or pay for any improvements or pay for any improvement or pay any outstanding bills for work done thereon by any party. D. Inspection and Release of Guarantee. As portions of the required improvements are completed, the City Engineer (or assigned staff as applicable) shall inspect them for compliance with the approved plans and specifications. The City Engineer shall accept the improvements, or portions thereof, if they conform to the approved plans and specifications. The City Engineer may reject the improvements if they do not conform to the approved plans and specifications, may require specific testing to confirm conformance, may require certain upgrades the achieve conformance, or may postpone the inspection to accommodate seasonal or other conditions. The City Engineer may delay acceptance of improvements until other related improvements, which are part of an overall system, are constructed. Upon inspection and acceptance, the City Engineer (or assigned staff as applicable) shall authorize the release of one-hundred percent (100%) of the agreed estimated costs of the improvements. As portions of a project progress, the City Engineer may release portions of the agreed estimated costs of the improvements, in increments of no less than 25% of the original agreed estimated costs. The remaining fifty percent (50%) of the estimated costs shall be retained by the City for a period of up to two (2) years from the date of final acceptance to ensure the improvements perform as designed. During this two-year period, the City Engineer (or assigned staff as applicable) may require the applicant, at his or her sole cost, perform certain testing, maintenance, upgrades, or replacement of the improvements to ensure they perform as designed. The City Engineer may draw upon the surety to accomplish the same. Upon completion of the two-year period and a final inspection and acceptance by the City Engineer or assigned staff as applicable), the remaining surety shall be released. The City Engineer may extend the final inspection and acceptance period to accommodate seasonal or other conditions that prevent inspection. The City Engineer may authorize release of the remaining surety prior to the two- year period. The City Engineer may authorize release of portions of the remaining surety prior to the two-year period as performance risks diminish. The City Engineer may authorize release of the remaining surety by accepting a contractor’s performance warrantee, or guarantee, acceptable to the City Attorney. A developer may assign, by affidavit, the receiver or beneficiary of surety releases, such as to a contractor, owner, or other agent. The City Engineer may assign the inspection and release responsibilities of this Section to other City staff as necessary. In such case, all references to the City Engineer in this sub-section shall be to that assigned staff position. However, all tracking of the guarantee and releases thereof shall be maintained by the City Engineer. Ord. No.41-2013, §1) City of Aspen Land Use Code Part 400 – Approval Documents Page 12 26.490.080 Deadlines and Extensions Unless an alternate timeframe is specified by this Title or by the approving body, all approval documents, plats, plans, and agreements shall be submitted to the Community Development Department within one hundred eighty (180) days following issuance of a Development Order. Failure on the part of the applicant to submit required approval documents within this timeframe shall render the land use approval invalid. The Community Development Director may extend the submission deadline if the request is made within the statutory vesting period, the applicant demonstrates evidence of preparing the needed documents, and the applicant shows reasonable cause for the delay. The Community Development Director may forward the extension request to the City Council. Unless an alternate timeframe is specified by the Community Development Director, corrected approval documents shall be resubmitted to the Community Development Department within ninety 90) days following the City’s issuance of requested corrections to the documents. Failure on the part of the applicant to resubmit corrected documents within this timeframe shall render the land use approval invalid. The Community Development Director may extend the resubmission deadline if the applicant demonstrates good cause. The Community Development Director may forward the request to the City Council. 26.490.090 Appeals An applicant aggrieved by a determination made by the Community Development Director, the Director of Parks and Open Space, the City Engineer, or city staff assigned by said parties to administer this Chapter may appeal the decision to the Administrative Hearing Officer, pursuant to the procedures and standards of Chapter 26.316, Appeals. Ord. No.41-2013, §1)