Policy for Email Comments on Land Use Applications

(I). INTRODUCTION AND PURPOSE

  • The most reliable form of participation in a public hearing is to be present to speak at the public hearing, and as such, the Town encourages interested persons to appear in person or virtually via Zoom at public hearings to ensure that their comments are heard by the Town Council (the "Council ") or the Planning Commission (the "PC"), the land use applicant and the public. Note, to join virtually, just find the meeting you wish to attend on the linked Town Calendar webpage.
  • This policy outlines the procedures by which public comment may be submitted by email and considered by the Council  or the PC in the limited context of land use applications set to heard by the Council  or the PC at a public hearing. The dual goals of this policy are to provide the public with another convenient and accessible method for participating in public hearings and providing comments about land use decisions, while also preserving the integrity of the quasi-judicial land use application process.

(II). PROCEDURE

  • The following procedures shall govern acceptance of public comments submitted by email regarding land use applications:
  • The land use application must be set for consideration at a public hearing on a Council  or PC meeting agenda. Email comments will only be accepted once the matter is scheduled for a public hearing. Email comments submitted prior to that time will not be considered.
  • For an email comment related to a public hearing before the Council , the email comment must be received at towncouncil@superiorcolorado.gov by 12:00 noon on the calendar day before the public hearing (by way of example, if the public hearing is on a Monday, the email comment must be received by 12:00 noon on Sunday).
  • For an email comment related to a public hearing before the PC, the email comment must be received at planningcommission@superiorcolorado.gov by 12:00 noon on the calendar day before the public hearing.
  • All email comments must be signed with a name and a place of residence. Anonymous comments will not be considered.
  • The Town Clerk or designee will forward the email comment to the land use applicant as quickly as practicable.
  • The email comment will not be read aloud at the hearing, but will be considered by the Council  or PC and will be included in the record of the public hearing.
  • If a person has submitted one or more email comments, the person may still testify at the public hearing, but such testimony shall not be repetitive of the email comment(s) already submitted.
  • At the public hearing, the land use applicant shall have the opportunity to respond to all email comments.

(III). DISCLAIMER

  • Because email comments are being accepted as an alternative and additional means of public participation, it is the sender's responsibility to ensure timely receipt of an email comment. The Town is not responsible for emails sent but not received.
  • By the adoption of this policy, the Town does not guarantee that any comment submitted by email will be included in the public hearing record, and the failure of the Town or its employees or officials to include the email in the public hearing record shall not affect the validity of any decision made by the Council  or the PC.
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