Article Iregulations Generally

CHAPTER 17

Subdivisions

Article IRegulations Generally

Sec. 17-1-05Subdivision plat required; jurisdiction

Sec. 17-1-10Preapplication conference

Sec. 17-1-20Review costs

Sec. 17-1-30Filing deadlines and applications

Sec. 17-1-40Definitions

Sec. 17-1-50Public notice requirement; hearing procedure

Sec. 17-1-60Submittal requirements

Article IISketch Plan

Sec. 17-2-10Purpose

Sec. 17-2-20Review procedure

Sec. 17-2-30Concurrent filing for preliminary and final plans

Article IIIPreliminary Plan

Sec. 17-3-10Purpose

Sec. 17-3-20Review procedure

Article IVFinal Plat

Sec. 17-4-10Purpose

Sec. 17-4-20Review procedure

Article VPlanned Unit Developments

Sec. 17-5-10Intent

Sec. 17-5-20Uses permitted

Sec. 17-5-30Where permitted

Sec. 17-5-40Effects of designation

Sec. 17-5-50Review and approval

Sec. 17-5-60Increased lot coverage

Sec. 17-5-70Minimum spacing between structures

Article VIUtility Requirements

Sec. 17-6-10Drainage and storm sewers

Sec. 17-6-20Water facilities

Sec. 17-6-30Wastewater facilities

Sec. 17-6-40Other utilities

Article VIIAgreements

Sec. 17-7-10Development agreements

Sec. 17-7-20Subdivision improvement agreements

Sec. 17-7-30Bulk land subdivision agreements

Sec. 17-7-40Annexation agreements

Sec. 17-7-50Cost recovery agreements

Sec. 17-7-60Recovery cost agreement content

Article VIIIMinor Subdivisions

Sec. 17-8-10Applicability

Sec. 17-8-20Procedure

Article IXReview Applications

Sec. 17-9-10Purpose

Sec. 17-9-20Staff review procedure

Sec. 17-9-30Approval limitations

Article XPublic Land Dedications

Sec. 17-10-10General policy

Sec. 17-10-20Public dedications to the Town

Sec. 17-10-30Commercial and industrial (or other nonresidential) subdivisions

Sec. 17-10-40Residential subdivisions

Sec. 17-10-50Special conditions for dedicated public lands

Sec. 17-10-60Miniparks standards

Sec. 17-10-70Homeowners associations

Sec. 17-10-80Streets, roads, pathways and easements

Article XIVested Property Rights

Sec. 17-11-10Definitions

Sec. 17-11-20Notice and hearing

Sec. 17-11-30Application requirements

Sec. 17-11-40Other provisions unaffected

Sec. 17-11-50Amendments

Sec. 17-11-60Notice of approval

Sec. 17-11-70Payment of costs

Sec. 17-11-80Limitations

Article XIIVacating Plats

Sec. 17-12-10Suspension, withdrawal or termination of approval of plat

ARTICLE I

Regulations Generally

Sec. 17-1-05.Subdivision plat required; jurisdiction.

(a)Whoever divides or participates in the division of a lot, tract or parcel of land into two (2) or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale, transfer of ownership or building development, or who desires to build a structure upon any tract of land that has not been previously platted, shall make the transaction subject to the provisions of this Chapter and a plat or other applicable approval therefor must be submitted to and accepted by the Town according to the terms set forth in this Chapter. The terms of this Chapter shall also include and refer to any division of land previously subdivided or platted.

(b)The provisions of this Chapter shall not apply to the following:

(1)Any division of a tract of land that creates parcels of land each of which comprise thirty-five (35) or more acres of land, none of which is intended for use by multiple owners, where such subdivision does not involve the creation of any new streets or easements of access as may be determined by the Planning Commission;

(2)Any division of land to heirs through an estate proceeding;

(3)Any division of land by the foreclosure of a deed of trust;

(4)Any division of land for the purpose of providing to the Town, whether by sale and purchase, dedication or any other method of conveyance, right-of-way for the widening or other improvements of Town streets orland for any other authorized municipal purpose; and

(5)Any division of land otherwise expressly exempted by the provisions of this Chapter.

(c)No plat or other document purporting to accomplish a division of land subject to this Chapter shall be used for purposes of sale, transfer of ownership or building development, or filed and recorded until approved by the Town, with such approval entered in writing on the plat or other document required hereunder and signed by the Mayor or other authorized Town official.

(d)No building permit shall be issued, no development shall be permitted and there shall be no installation of utilities, streets, curbs or gutters whatsoever unless a utility and street plan and subdivision plat or, if applicable, boundary line adjustment, has been approved by the Board of Trustees and recorded in the office of the Weld County Clerk and Recorder. (Ord. 2008-05, §1

Sec. 17-1-10.Preapplication conference.

Prior to submitting a formal application, applicants shall confer with the Administrator in order to obtain information and guidance. The purpose of such a conference is to familiarize the applicant with the Town's requirements, procedures and Comprehensive Plan prior to substantial commitments of time and money toward the preparation of plans, surveys and other studies. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1)

Sec. 17-1-20.Review costs.

The full cost of review of each application shall be paid by the applicant. Concurrent with, or following, the preapplication conference the Administrator shall provide an estimate of review costs to the applicant. This estimate shall include the cost of administrative, engineering, legal and any other technical review deemed appropriate by the Administrator. Payment of the estimated costs shall be made concurrent with the submittal of the Sketch Plan for each application. In the case of a multi-phase project, a separate estimate, and payment, shall be made prior to the submission and review of each phase. (Ord. 1-96, 1996, §1)

Sec. 17-1-30.Filing deadlines and applications.

(a)Unless otherwise specified and agreed to by the Administrator, applications shall be filed with the Town at least thirty (30) days prior to the date of hearing by the Planning Commission or Board of Trustees. Reviews subject to the approval of the Administrator shall be submitted at least fifteen (15) days prior to the requested date for a decision.

(b)Only complete applications shall be accepted as meeting the above deadlines; partial or incomplete applications shall be accepted, but will not be scheduled for review and hearings until all required elements of the application package have been received by the Town. Anapplication shall be considered complete for processing by the Administrator if it includes information sufficient to meet the requirements of the specific application.

(c)Nothing in this regulation shall prevent the Administrator, the Planning Commission or the Board of Trustees from requesting additional information in the course of the review if it is deemed necessary to determine compliance with the requirements of this regulation or any other governing the application. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1)

Sec. 17-1-40.Definitions.

The definitions of Section 16-1-70 of this Code shall apply to this Chapter. (Ord. 1-98, 1998, §1)

Sec. 17-1-50.Public notice requirement; hearing procedure.

Public hearings for applications filed under this Chapter shall be conducted in accordance with procedures designed to ensure all interested parties due process of law and shall, in all cases, meet the requirements of this Section.

(1)The Planning Commission shall provide to the Board of Trustees a recommendation on the application. A public hearing before the Planning Commission shall be held prior to submitting its recommendation or report. The Board of Trustees shall then hold a public hearing on the application.

(2)Notice of public hearings shall be provided as follows:

a.Sent by first-class mail to all real property owners owning property located within three hundred (300) feet of the property in question at least fifteen (15) days prior to the public hearing; however, the failure to send or receive this notice shall not be deemed to deprive the decision-making body of jurisdiction.

b.Published in a newspaper of general circulation within the Town at least fifteen (15) days prior to the public hearing.

c.Posted on the subject property at least ten (10) days prior to the public hearing.

(3)All notices shall include:

a.A statement of the nature of the matter to be considered;

b.The time, date and place of the public hearing;

c.The legal description of the property that is the subject of the request; and

d.The agency or office and address where further information may be obtained.

(4)The Town shall be responsible for meeting the published notice requirements, and the applicant shall be responsible for meeting the mailing and posting requirement. Prior to the public hearings, the applicant shall provide evidence that it has provided notice as required in this Section. Such evidence may be in the form of a mailing list and posting log. (Ord. 1-96, 1996, §1; Ord. 2007-06, 2007, §5)

Sec. 17-1-60.Submittal requirements.

Submittal requirements for subdivisions shall be established through resolution adopted by the Board of Trustees. (Ord. 1-96, 1996, §1)

ARTICLE II

Sketch Plan

Sec. 17-2-10.Purpose.

The purpose of the sketch plan is to allow a review of the concept for development and the overall feasibility of the project. The review at this stage also allows the staff and Planning Commission to judge the level of appropriateness of the proposed use, as well as identify potential problems which must be resolved prior to final approval of the plan. Submittal requirements shall be established through resolution adopted by the Board of Trustees. (Ord. 1-96, 1996, §1)

Sec. 17-2-20.Review procedure.

(a)Referrals. All applications shall be referred to representatives of other governmental agencies and utility companies for comment. Based upon the comments of the referrals, the Administrator shall prepare a report with recommendations to the Planning Commission.

(b)If the review and comments reveal that the application has deficiencies which require significant additional work or further discussion, the Administrator may defer sending the matter to the Planning Commission until the outstanding issues have been addressed adequately by the applicant.

(c)Planning Commission. At the next regular meeting following the filing date for applications, the Planning Commission shall consider the sketch plan and the report and recommendations of the Town staff pertaining to the application. The Planning Commission, using criteria established elsewhere in this Chapter, the Comprehensive Plan and this Code, shall approve the application, grant approval with modifications or deny the application.

(d)Appeal to Board of Trustees. Decisions of the Planning Commission may be appealed to the Board of Trustees. A written appeal of any action by the Planning Commission shall be filed within fourteen (14) calendar days following the Planning Commission decision.

(e)Board of Trustees action.

(1)Appeals to the Board of Trustees. Decisions of the Planning Commission appealed to the Board of Trustees shall be heard, after giving ten (10) days' written notice to the applicant, at a regularly scheduled meeting. The Board of Trustees shall, using criteria established elsewhere in this Chapter, the Comprehensive Plan and this Code, approve the application, grant approval with modifications or deny the application.

(2)Board of Trustees review. The Board of Trustees may call up for review any sketch plan acted upon by the Planning Commission. Notice of such review must be requested in writing from three (3) or more Board members, or a majority decision of the Board members at a regularly scheduled Board meeting within fourteen (14) days following the Planning Commission decision.

(3)Approval of the sketch plan does not bind the Planning Commission or Board of Trustees to accept the preliminary plan or final plat. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1)

Sec. 17-2-30.Concurrent filing for preliminary and final plans.

For major developments with approved sketch plans, the applicant may file the preliminary and final plans concurrently when authorized by the Administrator. In no case shall an applicant be permitted to file these plans concurrently without a previously approved sketch plan. Applicants making concurrent filings shall be on notice that changes required of the preliminary plans must be made prior to the final plan approval. (Ord. 1-96, 1996, §1)

ARTICLE III

Preliminary Plan

Sec. 17-3-10.Purpose.

The purpose of the preliminary plan is to allow a full review of all technical aspects of the subdivision. Submittal requirements for preliminary plans shall be established through resolution adopted by the Board of Trustees. (Ord. 1-96, 1996, §1)

Sec. 17-3-20.Review procedure.

(b)Additional information; deficiencies; conditions.

(1)As a condition of approval of any preliminary plat, the applicant shall submit proof of compliance with the requirements of Sections 24-65.5-101, et seq., and 31-23-215, C.R.S., regarding notice to surface owners, mineral owners and lessees of mineral owners.

(2)If the review and comments reveal that the application has deficiencies which require significant additional work or further discussion, the Administrator may defer sending the matter to the Planning Commission until the outstanding issues have been addressed adequately by the applicant.

(c)Planning Commission.

(1)After the filing of applications, the Planning Commission, after notice and public hearing, shall consider the preliminary plan and the report and recommendations of Town staff pertaining to the application. The Planning Commission, using criteria established elsewhere in this Chapter, the Comprehensive Plan, the Subdivision Regulations and this Code, shall make its recommendation to the Board of Trustees to approve the application, grant approval with modifications or deny the application.

(2)The Planning Commission shall, within fourteen (14) days of its action, forward to the Board of Trustees for approval or disapproval the preliminary plat as approved by the Planning Commission, together with any conditions attached to such approval.

(d)Board of Trustees action. Within one hundred twenty (120) days after the Board of Trustees has received a preliminary plat from the Planning Commission, the Board of Trustees shall hold a public hearing and approve, disapprove or approve with conditions the preliminary plat.

(e)Approval of the preliminary plan does not bind the Planning Commission or Board of Trustees to accept the final plat.

(f)Plat expiration. Any preliminary plat for which any approval has been granted shall expire one (1) year from the date of such approval if a final plat conforming to such preliminary plat approval has not been filed within such one-year period of time. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1; Ord. 1-02, 2002; Ord. 2007-06, 2007, §§6—9)

ARTICLE IV

Final Plat

Sec. 17-4-10.Purpose.

The purpose of the final plan or plat is to provide a legal document that will be a part of the Town and/or County records describing the development rights and land descriptions of the property. The final plan shall include all final agreements between the owner or developer and the Town. Submittal requirements for final plats shall be established through resolution adopted by the Board of Trustees. (Ord. 1-96, 1996, §1)

Sec. 17-4-20.Review procedure.

(a)On a finding by the Administrator that a complete plan has been submitted and referred to all applicable public agencies for review, the final plat will be scheduled for public hearings before the Planning Commission and Board of Trustees. After considering the recommendation by the Planning Commission, the Board of Trustees may approve the application, approve with modifications or conditions or deny the application using the criteria set forth in this Chapter, the Comprehensive Plan, the Subdivision Regulations and this Code. If the final plat is an annexation plat, the ordinance for annexation and zoning may be considered concurrently at the time of the reading of the annexation ordinance.

(b)Recording and filing requirements. The Town Clerk shall cause the final plat and written agreements to be recorded with the CountyClerk and Recorder and shall return one (1) executed copy to the applicant. The Town Clerk shall also file copies of the plats and annexation ordinances as required by state statutes.

(c)Withdrawal of subdivision plat or annexation plat request. If the subdivider fails to submit to the Administrator a final plat conforming to the approved preliminary plat or any other requested document within ninety (90) days after the advertised public hearing on the preliminary plat or annexation request, all official approval of the Board of Trustees or Planning Commission in regard thereto shall be deemed withdrawn.

(d)Administrative requirements. The Administrator may set reasonable deadlines for the filing of plans for consideration by the staff, the Planning Commission and the Board of Trustees to allow adequate time for examination by their members. The Administrator shall also make available at a reasonable cost, copies of this Chapter and other related documents and shall provide a checklist to serve as a guide to the requirements of this Chapter for the applicants. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1; Ord. 2007-06, 2007, §10)

ARTICLE V

Planned Unit Developments

Sec. 17-5-10.Intent.

It is the intent that Planned Unit Developments (P.U.D.s) promote the most beneficial and creative development of land within the Town. Through the use of P.U.D. regulations, it is intended to permit greater flexibility in the location of buildings, mixtures of land use, open space and consequently, more imaginative design for development than would be generally possible under conventional zoning or subdivision regulations. These regulations are also intended to promote a high level of landscaping and open space amenities, convenient and safe vehicular circulation and creative residential, commercial and industrial development consistent with theComprehensive Plan and other approved plans of the Town. (Ord. 1-96, 1996, §1)

Sec. 17-5-20.Uses permitted.

A P.U.D. may allow only an approved use, accessory use or special review use permitted within the underlying zone, except that any P.U.D. may allow an office, limited retail space of under four thousand (4,000) square feet, intended primarily to serve the P.U.D. or recreational use associated with the P.U.D. (Ord. 1-96, 1996, §1)

Sec. 17-5-30.Where permitted.

A P.U.D. may be permitted in any zoning district within the Town, subject to the review and approval of the Planning Commission and the Board of Trustees as required by this Chapter. (Ord. 1-96, 1996, §1)

Sec. 17-5-40.Effects of designation.

(a)Approval of a P.U.D. shall have the effect of overlaying theexisting zoning and thereby adding to and modifying the existing zoning regulations. If there is conflict between the provisions of the underlying zoning district and the P.U.D., the regulation of the underlying zone shall apply unless specifically addressed in the provisions of the approved P.U.D.

(b)A P.U.D. may modify any of the measurable standards of this Chapter.

(c)When a P.U.D. is approved by the Board of Trustees, the zoning description for that lot, tract or parcel on the official zoning map shall include the suffix "(PUD)." For example, an approved site for a P.U.D. that is zoned R1 would then have the designation "R1-PUD." (Ord. 1-96, 1996, §1)