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Home My WebLink About720751.tiff The following Subdivision Regulations were originally part of Commissioners Minutes Book 38, Pages 412-449 — scanned under Doc ID #720681 (Part of the large books from the missile silo that were scanned under Historical Documents) 11020751 LO0gg . . _ _ .-_.._ -_.__._.__ _ _ OFFICIAL ■ II .1 • . I SUBDIVISION REGULATIONS I WELD COUNTY, COLORADO I I 1 I ADOPTED p W AUGUST 30,1972 BOARD OF COUNTY COMMiSSioNERS WELD COUNTY, COLORADO TABLE OF CONTENTS I SECTION PAGE ADOPTION RESOLUTION ili 1. TITLE, AUTHORITY, JURISDIrTION AND PURPOSES 1 2. UEF1NIlIUNS - 5. 3. PROCEDURES FOR SUBMISSION OF SUBDIVISION PLANS 11 4. SKETCH PLAN 14 5. PRELIMINARY PLAN 16 6. FINAL PLAT 25 I. CONFORMANCE WITH EXISTING LAWS 36 8. DESIGN STANDARDS 37 Il 9. MINOR SUBDIVISIONS 53 10. UTILITIES AND IMPROVEMENTS 59 _.. 11. IMPROVEMENTS AGREEMENT 56 112. VARIANCES 57 13. VIOLATIONS AND PENALTIES 58 l.. VALIDITY 59 RESOLUTION WHEREAS, the Weld County Planning Commission by Resolution has recommended to the Board of County Commissioners that Weld County adopt new County Subdivision Regulations; and WHEREAS, said recommended Subdivision Regulations are attached hereto and made a part of this Resolution by reference and WHEREAS, the Board of County Commissioners approves said Subdivision Regulations in their entirety; NOW, THEREFORE, BE IT RESOLVED, that the new Weld County Subdivision Regulations as shown on the attached exhibit, be arc the same are hereby adopted. BE IT FURTHER RESOLVED, that the old Canty Subdivision Regulations be of no further legal force and effect on and after the date hereof. The above and foregoing Resolution was, on motion duly mad( and seconded, adopted by the following vote on August 30th, 197; THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (Signed) Glenn K. Billings {Signed} Harry S. Ashley Liyned) Marshall A. Anderson ATTEST: Si ned} Ann Spomer er o t e Boar By: (Signed) Wilma Adams Deputy County Clerk APPROVED AS TO FORM: (Signed) Samuel S. Telep County Attorney iii 411� SUBDIVISION REGULATION'S Weld County, Colorado SECTION 1: TITLE, AUTHORITY, JURISOICTION, ANr PURPOSES 1-1 Title and Short Title A Title - A resolution establishing rules, regulations and standards governing the subdivision of land within weld County, setting forth the procedure to be followed by the Weld County Planning Commission and County Planner in applying and administering these rules, regulations and standards, and setting forth the penalties for the violation thereof as established by the State of Colorado. B Short Title - These Regulations shall be known and may be cited as "The weld County Subdivision Regulations of Wednesday, August 3Q, 1972," 1-2 Authority, Jurisdiction and Enforcement A Weld County is enabled by low to control the subdivision of all of the unincorporated land within the county limits by virtue of Section 106 of the Colorado Revised Statutes of 1963, as amended.:, B Colorado Revised Statutes 106-2-34 (as amended 1972) Subdivision Reiulations. (1) Every county in the state which does not have a county planning commission of July 1, 1971, shah create a county planning commission in accordance with the provisions of Section 106-2-2. Every county planning commission in the state shall dev- lop, propose and recommenn subdivision regulations, and the board of county commissioners shall adopt and enforce subdivision regulations for all land within the unincorp- orated areas of the county in accordance with this sec- tion not later than September 1, 1972. Before finally adopting any subdivision regulations, the board of county commissioners shall hold a public hearing thereon, and at least thirty days' notice of the time and place of such hearing shalt be given by at least one publication in a newspaper of general circulation in the county. Be- fore adopting any such subdivision regulations, the board . of county commissioners may revise, alter, or amend any such subdivision regulations developed, proposed, or re- commended by the county planning commission. In the event the board of county commissioners of any county in the state has not adopted subdivision regulations by September 2, 1972, then and in such event, the land use commission may promulgate such subdivision regulations for such areas of the county for which no subdivision regulations exist, Such subdivision regulations shall be in full force and effect, and enforced by the board of county commissioners. If at any time thereafter the board of county commissioners adopts its own subdivision regulations for land within the unincorporated areas of the county, such regulations shall he no less stringent than the regulations promulgated by the Colorado land use commission under this subsection (1) (C.R.S. 106-2- 34). All subdivision regulations, and all amendments thereto, adopted by a board of county commissioners shall be transmitted to the Colorado land use commission. C Any person, partnership, or corporation intending to sub- divide land as defined in SECTION 2 of these regulations shall submit plans and plats as required by and speci- fied in these regulations to the office of the Planning Commission, for review and approval, as follows: (1) Plans and plats of proposed subdivision of land located within the planning .jurisdiction shall be submitted to the Planner, the Planning Commission and the Board for review and approval, in accord- ance with the provisions of these regulations, be- fore such plats may be recorded with the Weld County Clerk and Recorder. To ensure uniformity and en- vironmental protection, such plans and plats shall conform to and follow procedures and standards as specified in these regulations. +iki,'► (2) It shall be unlawful to file such plats with the County Clerk and Recorder unless a notation has been made on the Plat by the Planning Commission and the Board certifying that the Planning Commission and the Board have approved the plat in accordance with these regulations. (3) The chief administrative officer for processing, re- viewing and evaluating proposed subdivisions of land, and for advising the Planning Commission and the Board concerning their acceptance or denial, shall be the chief Planner. • (4) The Planner shall have the authority and shall be required to review all preliminary plans and plats before they are submitted to the Planning Commission, and shall advise prospective subdividers and the Planning Commission of all instances in which these Subdivision Regulations appear to be violated or MiSinterpreted. wdd County,CatOMd° Board of County Commissional Greeley,Colorado. (5) The Planner shall have the authority and shall be required to make a written report or submitted pre- liminary plans and plats concerning the adequacy of streets, other public improvements, lot sizes, etc., and shall comment upon those items that, in his professional judgment, would improve the land use, traffic circulation, utility services, and other environmental condif'ins for the future inhabitants of the subdivision. :he Planner's review may in- clude field inspection trips, an evaluation of the proposed subdivision in relation to the Comprehen- sive Plan, and an evaluation of its impact nn the environment and all other pertinent data regarding the subdivision. (6) The Planning Commission shall have the authority to require changes in the preliminary Plan, which more fully meet the purposes of these subdivision reg- ulations as set forth in Subsection 1-3 below. (7) In reviewing preliminary plans that have been sub- mitted to it, the Planner and the Planning Commis- sion shall not only Insure that the intent and re- quirements of these regulations are followed, but shall also determine the extent to which the goals and policies embodied in the Comprehensive Plan are met. 1-3 Statement o€ Purposes A. To assist orderly, efficient and integrated development, B. To promote the health, safety, and general welfare of the residents. C. To ensure conformance of land subdivision plans with the public improvement plans of the County and its various municipalities. D. To ensure coordination of inter-municipal public improve- ment plans and programs. E. To encourage well planned subdivisions by establishing adequate standards for design and improvement. F. To improve land survey monuments and records by estab- lishing standards for surveys and plats. G. To safeguard the interests of the public, the homeowner and the subdivider, H. To secure equitable handling of all subdivision plans by providing uniform procedures and standards. -3- 41.6 1. To prevent loss end injury from fire in wooded terrain. J. To preserve natural vegetation and cover and promote the natural beauty of the country. K. To prevent and control erosion, sedimentation and other pollution o£ surface. and subsurface water. L. To prevent flood damage to persons and properties and minimize expenditure for flood relief and flood control projects. M. To restrict building on flood lands, shOrelands, areas covered by poor soils, or in areas poorly suited for building or construction. N. To prevent loss and injury from land slides, mud flows and other geologic hazards. 0. To provide adequate space for future development of schools and parks to serve the population. P. To assure the planning,for and provision of an adequate and safe source of water and means of sewage disposal. 1-4 Acceptance of Public Lands Approval of a subdivision by the Planning Co>nmission and the Soard shall not constitute an acceptance by the County of the roads, streets, alleys, or other public lands for maintenance as indicated for dedication on the plat. The dedication of any of these lands for public use of any nature within the County shall be accepted by the Hoard only by specific action of the Board. SECTION 2 DEFINITIONS 2-1 Subdivision or Subdivided cuc! A. Any parcel of land in thy: sazt: civided into two or more parcels, separate intrss`.::, or interests in common, unless exempted 'easier paragraphs (1), (2), or {3) o: this subsection, (2.1). (I) She terms "subdivision" and "subdivided land" as defined in paragraph (A) o,' this subsection (2-1) shall not apply to any division of land which creates parcels of land loch of which comprises thirty-five or cis., _ land, none Of which is intended for use r!:1:'nie owners. (2) Unless the method of di-r•-ition is ad,pted for the purpose of evading t: s article, tho terms "sub- division" and "subdivid^-d land", as defined in para- graph (A) of this subsection (2-1), shall not apply to any division of land, (a) Which creates parcels of land, such that the land art?. Of each of the parcels, when divided by the number of interests in any such parcel, results in thirty-five or ^,re acres per in- terest; (b) Which is createa by order of and court in this state or by operation of lwi; (c) Which is cre t Dy a lie: , -ortgage, deed of trust or any other sdaurii_, instrument; (d) Which is ereeted by e rcni..r tv or unit of in- terest is; acs is v^s -. rt trc:st regulated under the laws of thi- siats or any rtaer interest in an it-ss (e) Which creates lobs, (f) Which creates en interest or interests in oil, gas, minerals, or water v;lic are now or here- after severed froo t.,'!n _urf,cc ownership of real propert7; nr (g) Which is created by ne acquisition of any in- terest in land in tha name of a husband and wife or other ptrsors in joint tenancy, or as tenants it comarn and any such interest shall be deemed for purports of this subsection (2-1) as only o-e interest. {3} The Board may, pursuant to rules and regulations or resolution, exempt from this definition of the terms "subdivision" or "subdivided land", any div- ision of land if the Board determines that such division is not within the purposes of this article. 2-2 eesubdivision The changing of any existioq lot or lots cf any subdivi- sion plat previously recorued with the County Clerk and Recorder. 2-3 Subdivider or Developer Any person, firm partnership, joint venture, association or coporetion who shall participate as owner, promoter, developer or sales agent in the planning, platting, dev- elopment, promotion, sale or lease of a subdivision. 2-4 Aquifer A water-bearing layer of sand, gravel or porous rock, 2-5 Board The Board of County Commissioners of Weld County. 2-5 Conservation Standards Guidelines and specifications for sail and water conser- vation practices and management enumerated in the Techni- cal Guide prepared by the USDA Soil Conservation Service, adopted by the County Soil and Water Conservation Dist- rict supervisors, and containing suitable alternatives for the use and treatment of land based upon its canabil- ities from which the land-owner selects that alternative which best meets his needs in developing his soil and water conservation plan. 2-7 Comprehensive Plan A comprehensive plan for the future growth, protection, and development of the County, affording adequate facil- ities for housing, transportation, comfort, convenience, public health, safety and general welfare of its pope- lation. 2-B Disposition A contract of sale resulting in the transfer of equitable title to an interest in subdivided land; an potion to pur- chase an interest in subdivided land; a lease nr an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land which is not made pursuant to one of the foregoing. 2-9 Easement A right to land generally estahlished in a. real estate deed or on a recorded plat to permit the use of land by the public, a corporation, or particular persons for specified uses. 2-lo Evidence Any map, table, chart, contract, or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition, which evi- dence must be relevant and competent and must support the position maintained by the subdivider. 2-11 Flood Plain An area that is anticipated to receive flood waters in years of certain storm intensity, such as, a fifty year storm or a one hundred year storm. 2-12 Improvements Agreement One or mare security arrangements which may be accepted by the Board to secure the construction of such public improvements as are required by these subdivision reg- ulations within the subdivision and shall include col- lateral, such as, but not limited to, performance or property bonds, private or public escrow agreements, loan commitments, assignments of receivables, liens on property, deposit of certified funds, or other similar surety agreements. 2-13 Lateral Sewer I A sewer which discharges into another sewer and has only building sewers tributary to it. 2-14 Lot The unit into which land is divided on a subdivision plat or deed, with the intention of offering such unit for sale, lease or separate use, either as an undevelop- ed or developed site, regardless of how it is conveyed. Lot shall also mean parcel, plat, site or any similar term. 2-15 Multi-Family Dwelling A building providing separate dwelling units for two or more families. 2-76 Municipality Includes an incorporated city or town. 2-17 National Cooperative Soil Survey The soil survey conducted by the U. S. Department of Agriculture in cooperation with the State Agricultural Experiment Stations and other federal and state agencies. 2-18 Official Map The Official Map as adopted by the Board. 2-19 Off-Street Parking Space The space required to park one passenger vehicle which space shall be not less than two hundred (200) square feet in area, exclusive of access drives on private land. 2-20 Planner The chief administrative officiel employed by the Board as chief planner, Director of Planning, or similar position. 2-21 Plannin Comsion mis The Weld County Planning Commission. 2-22 Permanent Monument Any structure permanently placed on or in the ground, in- cluding those expressly placed for surveying reference. 2-23 Plan, Sketch A map of a proposed subdivision, drawn and submitted in accordance with the requirements of adopted regulations, to evaluate feasibility and design characteristics at an early state in the planning. 2-24 Plan, Preliminary The map or maps of b proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engin- eering and design. -8- 2-25 Plat, :Final "Plat" means a map and supporting materials of certain described land prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the County Clerk and Recorder. 2-26 Planned Unit Development (PUD) An area of land improved a residential, commercial, or industrial development or a combination hereof In which normal restrictions of lot sizes, setbacks, den- sities, land uses, and other criteria may be relaxed in return for development conformance to an approved plan for the total parcel. 2-27 Reverse Frontage Lots Lots which front on one public street and back on another. 2-28 Right-of-Way That portion of land dedicated to public use fer street and/or utility purposes. A. Contrel of Access - The condition where the right of owners or occupants of abutting land or tither persons to access, light, air or view in connection with a highway is fully or partially controlled by public authority. B. Pull control of Access - The authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct pri- vate driveway connections, C. Partial control of Access - The authority to control access is exercised to give preference to through traffic to a cegree that, in additfon to access connections with selected public roads, tee.a may ee some crossings at grade and some private driveway connections. Access to county roads shall be completely checked in the early stages of the planning process. The Board of County Commissioners through their Planning Commission and Engin- eering Department, has control of all access onto any ex- isting or proposed county roads. Access may be denied on any county road due to terrain features, traffic hazards or any other reason which, in the opinion of the board may constitute a threat to the traveling public. 2-29 Roadway That portion of the street right-of-way designed for vehicular traffic. 2-3r Street A. Any street, avenue, boulevard, road, lane, parkway, via- duct, alley, or other way for tiro movement of vehicular traffic which is an existing state, county ar municipal roadway, or a street or way shown upon a piat, hereto- fore approved, pursuant to law ar approved by official action; and includes the land between street lines, whether improved or unimproved, and may comprise pave- ment, shoulders, gutters, sidewalks, parking areas and other areas within the right-of-way. For the purpose of this Resolution streets shall be classified as defined in subsection (7) through (g): (1) Freeway. A major regional highway, including inter- state highways, designed to carry very large volumes of vehicular traffic, with full control of access and all intersections grade separated. (An ex rp ease way is similar to a freeway except that all Inter- sections need not be grade separated.) (2) Arterial Street. A street or road designed to carry nigh voTmes of vehicular traffic over lone distances in a direct manner. (3) Collector Street. A street or rnad designed to col- lect or distribute vehicular traffic from one or more residential or non-residential areas to or from a Major Street or Major Highway. (4) Local Street. A street or road designed to carry vehicular traffic from one or more individual resi- dential or non-residential unit to or from a Col- lector Street. • (5) Alley. A minor way which is used primarily for ve- hicular service access to the rear or side of prop- erties otherwise abutting on a street. (5) Cul-de-Sac. A shor '^-ad-eni street terminating in a vehicular turn-around area. (7) Nalf Street, A street paralle't and contiguous to a property line and of lesser right-of-way width than is' required for minor or major streets. (a) Service Road. A street or road paralleling and abut- ting major streets to provide access to adjacent property so that each adjacent lot will not have dir- ect access to the major street. (9) Stub Street, A street or road extending from within a subdivision boundary and terminating there with no permanent vehicular turn around. Stub streets are provided to permit adjacent undeveloped parcels of land to be developed later with an adjacent connect- in5 street systew. SECTION 3 PROCEDURES FOR SUBMISSION OF suaoivisION PLANS 3-1 Summary of procedures for Subdivisions The following submission procedures shall apply: A. Sketch Plan Subdividers shall submit a Sketch Plan to the Planning Department prior to the submission of a Preliminary Plan. Said Plan will enable the subdivider and the Planner to render an informal preliminary review of the proposed subdivision for general scope and conditions which might affect the plan. Said plans should include the elements listed in SECTION 4-1. This procedure shall not require formal application, fee, or filing of plans with the Planning Commission. At the time of Sketch Plan submission, the subdivider will be provided materials and information relating to procedures for Subdivision Application including Prelim- inary Plan requirements, required public improvements, design standards and subdivision improvement agreements. The subdivider will also be advised of the particular requirements for determining and evaluating the suita- bility of proposed sewer, water and drainage systems. In the case of on-lot sewer or water facilities, forms will be provided which are to be completed by a pro- fessional engineer, licensed in the State of Colorado, for submission with the Preliminary Plan. D. Preliminary Plan Subdividers Shall submit required Preliminary Plan mat- erials and supporting documents of a proposed subdivi- sion to the Planning Commission offices for approval prior to the submission of a Final Plat. Submission requirements and time required for review and notifi- cation are included in SECTION 5. Approval of the Preliminary Plan shall be effective for twelve (12) months after the approval date. Thereafter, approval of the Preliminary Plan will have expired unless a Final Plat has been submitted to the Planning Commis- sion within that twelve (12) months, or a mutually agreed upon extension has been granted by the Planning Commission. Whenever a Final Plat is approved for less than the entire area covered by the PreTiminary Plan, approval of the Preliminary Plan for the remaining un- platted area shall be extended for an additional twelve (12) months, -11- { C. Final Plat The Final Plat submission shall conform to the approved Preliminary Plan and the requirements contained in these regulations. The Planner shall record the Final Plat as provided in SECTION 6-3-E. D. Conformity to these Regulations Sketch Pions, Preliminary Plans and Final Plats shall conform to the requirements and specifications of these regulations and shall be submitted in the manner prescrib- ed- E. Planning Commission Action Failure by the Planning Commission to act by recommend- ing to the Board approval, conditional approval, or dis- approval of a Preliminary Plan or a Final Plat within sixty (60) days of the review date of such plan or plat, or another mutually agreed upon period of time, shall be deemed a favorable approval by the Planning Commission, and the subdivider may request a hearing by the Board. F. County Commissioners Action After review of the Final Plat by the Planning Commis- sion, the Board shall hold a hearing as provided in SECTION 6-3-C. G, Acceptance of Street and Other Public Land Dedication Acceptance of dedication of proposed public lands or streets or streets rights-of-way, in an approved plat, can be made only by the Board. Plat approval cannot he deemed as acceptance of dedicated streets for mainten- ance. 3-2 Summary of Procedures for Minor Subdivisions A. Application for Dosignation as Minor Subdivision The owner or agent of the owner of a tract or parcel of land proposed to be used for residential purpascs and which is proposed to be divided into two (2) building sites, tracts; or lots may apply to the Planning Comis- sion for designation as a Minor Subdivision AS provided in secTION 9. 3-3 Industrial and Commercial Subdivisions The circulation and lot layout ef, and to be used for, industrial or commercial purposes shall follow the pre- scribed procedures-for submission and review of Prelim- inary Plans and Final Plats. -r PBD Subdivisions Approval of a Planned Unit Development may be given upon evidence of the provisions of open spaces, public facil- ities, access, planning esthetics, and other considera- tions deemed important by the Planning Commission and the Board. 1-5 Mobile Paee Parks Each mobile home park application shall be submitted as a Planned Unit Development, and shall comply with SECTION 12-B i - SECTION 4 SKETCH PLAN 4-1 Procedures and Requirements for Submission Subdividers shall submit a Sketch Plan to the Planning Department for review and discussion of site plan and general scope and conditions, A. The Plan shall include the following items (submit 3 copies): (1) A map showing the general location of the subdivi- sion and its property boundaries. The map shall indicate clearly tho relationship of the proposed subdivision to the surrounding area within one- half mile of the subdivision's boundaries or greater distance if required by Planner. It shall show existing development including: major streets; existing public sewers, public water supply, and storm drainage system.; trees, natural vegetation and scenic areas; major land use concentration; principal places of employment; and community fac- ilities such as schools, parks and fire stations, The location map shall include a title. Scale, north arrow and date. (Scale not less than 1" = 600'), (2) A sketch plan of the subdivision, which may be a free hand drawing at suitable scale in a legible medium. The plan shall clearly show the following: topographic contours (from D S. G, S. maps); the proposed layout of streets and Tots in relation to topographic conditions and natural features such as streams, lakes and vegetation on the site indicating general dimensions of lots; the proposed location and extent o€ major open spaces and public sites; general locations of utility easements and installa- tions; proposed Tend uses; and, if construction of buildings is proposer, indication of building types, with approximate location of major buildings exclu- sive of single family residential dwellings. (3) Type of water system proposed; also documentation of water rights and of historic water use, if an- ( 4) Type of sewer system proposed. (5) General description of the storm drainage system proposed. {6) The acreage of the entire tract. (7) If requested by the Planner, the following items; (a) A map showing soil types and their boundaries, as shown on Soil Survey maps prepared by the U. S. Department of Agriculture, soil conser- vation service, and also a table of interpre- tations for tL, •oil types shown on the soil map prepared by the Soil Conservation Service. (b) Reports concerning geologic characteristics of the area, both natural and man-made, signifi- cantly affecting the land use and determining the impact of such characteristics on the pro- posed subdivision. (c) In areas of potential radiation hazard to the proposed future land use, these potential radi- ation hazards shall be evaluated. D. Variations from the scale requirement of the sketch plan (1" = 200') will be acceptable in the case of large sub- divisions provided the plans and design are clearly leg- ible. The plan generally shall include north points, name of the subdivision, name of the county, U. S. G. S. township, range, sections, and quarter section. In the case of large subdivisions requiring more than two sheets at such a scale, a total area plan showing the total area on a single sheet at an appropriate scale shall also be submitted. C. Review Procedures Sketth Plans shall be reviewed by the Planner, .in informal conference with the subdivider, The conference is intend- ed to be for the mutual exchange of information and devel- opment concepts. A prime ry concern shall be the degree to which the proposed subdivision meets the subdivision • regulations of the county and county Comprehensive Plan, The Planner may take up to thirty (30) days for his review of the Sketch Plan, SECTION 5 PRELIMINARY PLAN 5-1 Submission Requirements Copies of ail required material shall be officially sub- mitted to the Planning Department and Planning Commis- sion offices by the subdivider (or his authorized rep- resentative). A preliminary plan filing fee shall ac- company the submittal in eccordance with the fee schedule as adapted by resolution of the heed, A. Plan Requirements (1) One copy of an Application for Approval of a Pre- liminary Plan and all required supporting documents. (2) An adequate number of black on white or blue on white prints of each sheet of the Preliminary Plan to provide the Planning Commission and other agencies sufficient copies for their review. (3) A receipt shall be issued to the subdivider for the Preliminary Plan submission when it has been deter- mined that the submission includes all the require- ments set forth in these regulations. The date of the Planning Commission meeting to review the plans shall be specified OR the receipt. B. Drawing Requirements The Preliminary Plan may be drawn with scaled dimensions and need not be an engineering drawing with calculations or dimensions and survey closures. A workman-like execu- tion of the plan shall be made in every detail. A poorly drawn or illegible plan is sufficient cause for its re- jection The following data shall be submitted as part of the Preliminary Plan submission: (l) A Vicinity Map, at a one inch to 8D0 foot scale, showing perimeter outline of the proposed subdivi- sion, accesses, abutting subdivision outlines and names, zoning districts, taxing districts, and other special districts, and other relevant information within a one-half (1/2) mile distance of the peri- meter of the proposed subdivision. • (2) Outer boundary lines of the, proposed subdivision. (3) The preliminary plan shall be drawn to c seal-6 less than one inch (7") equals one hundred (100) feet (unless a variation from this scale is allowed by the Planner due to the size and nature of the proposed development), and shall indicate the basis of bearings; true north point; name of the subdivi- sion; township, range, section and quarter section; block and lot number (of the property under consid- (ration)- - (4) The preliminary plan shall contain existing contours at two (2) foot intervals for predominant ground slopes within the tract between level and five per- cent (5t) grade and five foot (5') contours for pre- dominant ground slopes within the tract over five percent (5%) grade. Elevations shall be based on National Geodetic Survey sea level data. In cases of predominantly level topography throughout a sub- division, one foot (1') interval contours may be required. (5) Total acreage of entire proposed subdivision. (6) Lot and street layout, including proposed future street layout in dashed line for any portion or parcel of adjacent land not being subdivided now. (7) Existing street names. (8) Dimensions of all lots to nearest foot which may be scaled values. (9) lot end blocks numbered consecutively, (14) Location, site and use of all existing and proposed public and private easements, (11) Existing and proposed water mains, fire hydrants, sewers utility mains s?lectric, gas, telephone) or other underground structures within the subdivision and at least 100 feet immediately adjacent to bound- ary streets. (12) Area of each lot in square feet if Tot size is less than one acre and in acres otherwise, (13) water courses and proposed storm water drainage systems including culverts, water areas, streams, areas subject to occasional flooding and high ground water, marshy areas and swamps, (Note: detail de- sign of drainage 5truCtures not required for pre- liminary plan.) (14) The approximate boundaries of areas subject to in- undation or storm pacer overflows of an intensity estimated to occur with a return frequency of once every 50 years and once every ld years. (15) Existing buildings, other easements, telephone lines, gas lines, power lines, and other featureS located on the Subdivision and within two hundred (too) feet of its boundaries. (16) Location and ownership of irrigation ditches and other structures appurtenant to irrigation systems. (17) Abutting property lines and the respective owners' names, (18) General loration in the subdivision area of trees over six (5) inches in diameter, measured at six (6) feet above ground. In cases of heavily wooded areas, indicate the outline of wooded area and loc- ation of trees which are to remain. it is the in- tent of this requirement to determine the approxi- mate location of trees fer design evaluation rather than to require unnecessary surveying of exact tree location. (19) Proposed sites to be reserved or dedicated for parks, playgrounds, schools, or other public uses. (20) proposed sites, if any, fer multi-family dwellings, shopping centers, c^mmunity facilities, industry, or other uses, exclusive of single family dwellings. (21) Location, function, ownership and manner of main- tenance of common open space reserved or dedicated for the use and benefit of the owners and future owners of the proposed subdivision. (22) The substance of all other covenants, grants of easements or restrictions to be imposed upon the use of land, buildings, and structures. -18- • (23) An affidavit that the applicant is the owner, equit- able owner or authorized by the owner, in writing, to make application for the land proposed to be subdivided. 5-2 Supporting Documents Required The following material shall accompany the Preliminary Plan and be cons;dered part of the submission: A. Three Copies of the Sewage Disposal Report as required by the Planning Commission, B. Geologic maps and investigation reports regarding area suitability for the proposed development. C, Soil type maps and tables of soil type interpretations prepared as part of the sketch Plan submission, based on the National Cooperative Sails Survey, U. S. Depart- ment of Agriculture, Soil Conservation Service, provid- ed by the Soil Conservation District. D. A letter from each special district, municipality or utility company involved, addressed to the Planning Com- mission, stating that specific services and/or utilities are avilable and they have reviewed the plan and are setting forth their comments concerning the extent of services and the design of utility easements. E. Summary Statement of Application (1) Total development area. (2) Total number of proposed dwelling units. (3) Total number of square feet of nonresidential floor space. (4) Total number of off street-parkins spaces, exclud- ing those associated with a single.family resident- ial development. (5) Estimated total number of gallons per day of water system requirements where a distribution system is proposed. (6) Estimated total number of gallons per day of sewage to be treated where a central sewage treatment fac- ility is proposed and the estimated composition of the sewage in terms of average pounds of BOD per day that will require treatment. (7) Fctimatad construction cost and proposed method of financing of the streets and related facilities, water distribution system, sewage collection system, storm drainage facilities, and such other utilities as may he necessary. (8) List of all special districts involved. F. Water resource report as required by the State Engineer. 5-3 Review Procedures - Preliminary Plan A. When a Preliminary Plan has been officially accepted at the offices of the Planning Department and Planning Com- mission, it shall be placed on the agenda of the Planning Commission meeting for subdivision review within sixty (60) days. B. The Planner, as the authorized representative of the Board, shall upon complete preliminary plan submission distribute copies of prints of the plan provided by the subdivider as follows: (1) To the appropriate school districts; (2) To each county or minicipality within a three-mile radius of any portion of the proposed subdivision; (3) To any utility, local improvement and service dis- trict, or ditch company, when applicable; (4) To the Colorado State Forest Service, when appli- cable; (5) To the appropriate planning commission; (6) To-the local ,soil conservation district board or boards within the county for explicit review and recommendations regarding soil suitability and flooding problems. Such referral shall be made even though all or part of a proposed subdivision _is not located within the boundaries of a conser- vation district; (7) When applicable, to the county, district, regional, or State Department of Health, for their review of the on-lot sewage disposal reports) for review of the adequacy of existing or proposed sewage treat- ment works to handle the estimated effluent, and for a report an the water quality of the proposed water supply to serve the subdivision, (8) When applicable, to the State Engineer for an opin- ion regarding material injury to decreed water rights, historic use of and estimated water yield to supply the proposed development, and conditions associated with said water supply evidence. The State Engineer shall consider the cumulative effect of on-lot wells on water rights and existing wells; (g) To the ColooMdo Ge,.,tigical Survey fur an evaluation of those geologic factors which would have a signi- ficant impact on the proposed use of the land, C. The agencies named in this section shall make recommend- ations within twenty-four days after the mailing by the county or its authorized representatives of such plans unless a necessary extension of not more than thirty days has been consented to by the subdivider and the Board. The failure of any agency to respond within twenty-four days or within the period of an extension may for the purpose of the hearing on the plan be deem- ed an approval of such plan, except that where such plan involves twenty or more dwelling units, a school district may be required to submit within said time limit spe- cific recommendations with respect to the adequacy of school sites. o. Notice shall be published once in a local newspaper of general circulation in the area where the land is 10Cat- ed at least seven (7) days prior to Planning Commission review, Adjoining property owners shall be given not less than twenty (20) days notice by mail. The copy of the Preliminary Plan filed with the Planning Department shall be available for public viewing. Anyone may submit writ- ten statements recommending approval or denial of the Pre- Timinary Plan, stating the reasons therefore, to the Planning Commission an or before the date far Planning Commission review. E. Utilities Review Advisory Committee A Utilities Review Advisory Committee consisting of an Engineer of the local division of the Colorado Highway Department; the County Cngieeer and such other represent- atives of utility agencies as apeointed by the Board. The Utilities Review Advisory Committee shall meet as often as required but not less than once each month to Review and make recommendations concerning any prelim- inary plans and final plats pending before the Planning Commission. -21 The Utilities Review Advisory Committee shall meet at the call of the Planner and shall submit its findings to the Planner. F. Planner The Planner shall ensure the completeness of the Prelim- inary Plan submission and shall insure its conformance with the Comprehensive Plan and good subdivision design practices. The Planner shall make a report of his review of the Preliminary Plan to the Planning Commission. 5-G Approval or disapproval - Preliminary Plan A. A Preliminary Plan shall be approved by the Planning Com- Mission unless it finds that the Preliminary Plan fails to meet the requirements specified herein or that the proposed preliminary plan is detrimental to the public health, safety, or general welfare as set forth in this Section as follows; (1) Health, Safety, and Welfare Before approving the Preliminary Plan, the Planning Commission shall determine that the subdivision: (a) Will be served by a public water system or, if less than ten lots, will have sufficient well water available per lot, both physically and legally, for the forseeable needs of the sub- division or development, and will not cause an unreasonable depreciation of an existing water supply as evaluated by the State Engineer. Evidence regarding water supply: quality, quan- tity, and d.ependability. Evidence may include: evidence of ownership or right of acauisition of or use of existing and proposed grater rights; historic use and estimated yield of claimed water rights; amenability of existing rights to a change in usc; vidence that public or private crater owners can and will supply water to the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to that area; evidence concerning the potability of the proposed water supply for the subdivision. (b) Will be served by a public sanitation system or on-lot sewage disposal system that will not re- sult in water pollution. Ir making this latter determination, the Planning Commission shall consider: the amount of rainfall received by the area; the relation of the land to flood plains; the nature of soils and subsoils and their ability to adegeetely eeper- as - posal: the slope sf the land anr. the - ' ect n effluents; the presence of streams as related to effluent disposal; the applicable health and water resources department regulations. (c) will not cause unreasonable soil erosior or reduction in the capacity of the land to hold water so that a dangerous or unhealthy con- dition may result. Id) will not cause aa." nollut,ion based on state health department standards. In making this determination they shall consider the eleva- tion of hand above sea level; land topography; prevailing winds or the absence thereof; loc- al and regional airsheds; increase in sources or quantity of emission, as well as nuality of such, and such other items as are deemed pert- inent. (e) Will not cause unreasonable highway congest- ion or unsafe conditions with respect to use of the highways existing or proposed; will not cause unreasonable burden on the ability of a school district to provide educational services; will not place an unreasonable burd- en on the ability of the local governments to provide water, sewage, fire, police, hospital, solid waste disposal and other services. (f) Will not have an undue adverse effect on the scenic or natural beauty of the area, aesthet- ics, historic sites or rare and irreplaceable natural areas; will not have an undue adverse effect on wildlife and their habitat, and on the preservation of agricultural land. B. Data and Investigations The Planning Commission my conduct such investigations, examinations, test and s.tu evaluations as they deem necessary to verify information contained in the appli- cation. An applicant shall grant the Planning Commission, or their agents, permission to enter upon his land for these purposes. c• Recommendation The Planning Commission shall issue its recommendation as to Preliminary Plan approval or disapproval within twenty-one (21) days of the review day. D. Burden of Proof The burden of proof shall be on the subdivider to show the reasonableness of his plan, the lack of adverse effect, and Compliance with the elements of the public health, safety, and general welfare as set forth in SECTION 5-4-A. E. Plan Disapproval and Reapplication A recommendation for disapproval of a plan shall contain in writing the specific 4?sons for disapproval. A sub- divider may, within six (6) months, resubmit his plan application which shall include an affidavit to the Plan- ning Commission that the deficiencies in the previous application have been corrected without paying addition- al fees. A review shall be held within forty (40) days of acceptance of the re-application, and upon 25 days notice to the protesting parties. Any reapplication after six {6) months will require a new fee. r. Appeal Any person aggrieved by the Planning Commission recom- mendation for disapproval of a Preliminary Plan may with- in thirty (30) days after such action file a petition for review with the Board. The petition shall be submitted to both the Hoard and the Planning Department stating reasons and facts supporting the appeal request. Upon receipt of such petition the Hoard shall conduct a review to determine whether or not the recommendation of the Planning Commission shall be upheld. If the Planning Commission recommendation for disapproval is reversed, the Board shall authorize the subdivider to proceed with his Final Plat, and the Board may specify such terms, conditions or modifications as are appropriate. -24- SECTION 5 FINAL PLAT 6-1 Submission Pequirements Copies of all required material shall be officially sub- mitted to the Planning Department by the subdivider (or his authorized representative). No Final Plat shall be approved by the Board until the subdivltg has complied with the requireL nts a.... submitted the sdpporting docu- iaents as provided herein, Final Plats shall be submitted for approval within twelve (12) months of the date a Pre- liminary Plan hes been approved by the Planning Commis- sion. No Final Plat submission shall be accepted which has exceeded this time lapse period unless an extension of time has been granted. An extension of time may be granted by the Planning Commission upon written request of the subdivider. Any plat submitted for which Prelim- inary Plan approval has been given in excess of twelve (12) months previous and for which ne time extension has been granted shall be considered as a new Preliminary Plan. The Final Plat shall conform to the approved Pre- liminary Plan and shall also contain the requirements of this Section. A. Plat Requirements (1) The Final Plat submission shall conform ill all major respects to the Preliminary Plan as previously re- viewed and approved by the Planning Commission and shall incorporate ell modifications required in its review. The Board, however, may approve a Final Plat which has been modified to reflect improvements in design or changes which have occurred in its nat- ural surroundings and environment since the time of the Preliminary Plan review and approval. (2) A Final Plat.may be submitted in srotions covering representative An - ,�erablm porti,ns as defined by the Planning Commission of the subdivision tract. A minimum of forty acres or the total ownership is recommended, although a lesser acreage may be approv- ed. In such cases submission shall incline a map, indicating the sections designated for the entire tract, and each sheet numbered accordingly and in- clude title, legend, matchlines and other appropri- ate information, (3) One (1) copy of application form for review of a Final Plat and 311 required supporting documents required in Section 6-2. (4) A required number of black on white or blue on white prints of the Final Plat. (5) A Final Plat fee as established in a resolution by the Board must accompany the Final Plat submission. (6) A receipt shall be issued to the subdivider (or his authorized representative) for the Final Plat sub- mission whey, it has peen determined that the sub- mission includes all the requirements set forth in these regulations. B. Drawing Requirements • The Final Plat drawing shall comply with the following standards: (1) The plat shall be prepared and certification made as to its accuracy by a registered land surveyor licensed to do such work by the State of Colorado. A workman-like execution of the plat shall be made in every detail. A poorly drawn or illegible plat is sufficient cause for its rejection. (2) The plat shall be delineated in drawing ink on water-proof tracing cloth or mylar or other draft- ing media approved by the Planner, at a scale of 1 inch = 100 feet, in the following size: twenty-four (24) inches high by thirty- six (36) inches wide (3) The bearings, distances and curve data of all par- imeter boundary Tines shall be indicated outside the boundary line, not inside, with the lot dimen- sions. When the plat is bounded by an irregular shore line or a body of water, the bearings and distances of a doting meander traverse should be given and a notation made that the plat includes all land to the water's edge or otherwise. (4) . If a plat is revised, a copy of the old plat shall be provided for comparison purposes. (5) All blocks, and all lots within each block, shall be consecutively numbered. (b) On curved boundaries and all curves on the plat, sufficient data shall be given to enable the re- establishment of the curves on the ground. This curve data shall include the following for circular curves: (a) radius of curve (b) central angle (c) tangent II(d) arc length (e) notation of non-tangent curves (7) Excepted parcels shall be marked "Not included it this subdivision" and the boundary completely in- dicated by bearings and distances. (e) All streets, walkways and alleys shall be designat- ed as such and streets shall be named; bearings and dimensions must be given. (g) All easements shall be designated as such and bear- ings and dimensions given. (14) Ali lands within the boundaries of the plat shall be accounted for either as lots; walkways; streets; alleys; public areas such as school sites, parks, or common areas, or excepted parcels. (11) Ali dimensions of irregularly shaped lots shall be indicated in each lot. (12) Bearings and lengths shall be given for all lot lines, except that bearings and lengths need not be given for interior let lines where the bearings and lengths are the same as those of both end lot lines. (l3) Parcels not contiguous shall not be included in one plat, nor shall more than one plat be made on the same sheet. Contiguous parcels owned by different parties may be embraced in one plat, provided that all owners join in the dedication and acknowledge- ment. (14) lengths shall be shown to hundredths of a foot, and angles and bearings shall be shown to seconds of arc. (15) The information on the plat shall include: (a) Name of subdivision, astronomic north arrow and basis thereof, and date. -27- (b) fame and address of owner or owners of record. (c) Total acreage of subdivision and total number of lots. (d) Section (and Quarter Section if portion of a Section), Township, Range, and principal mer- • idian. (e) Graphic scale (f) Any additional information required by CRS 136-2-2. • C. Monuments (1) Permanent reference monuments shall be set on the external boundary of the subdivision, pursuant to CRS 136-2-1. (2) Block and lot monuments shall be set pursuant to CRS 136-2-1. (3) At least one second order benchmark (Geodetic Sur- vey Datum) shall be set (where practical to tie in within every subdivision or subsequent filing prior to submission of the Final Plat for approval, (4) Detail requirements on monument construction, mark- ing, and setting as provided by Resolution of the Board. D. Survey Certification The surveyor making a plat shall certify on the plat that it conforms to these regulations and to ail applicable stata laws and that the monuments described in it have been placed as describel. He shall affv his name and seal, 6-2 Supporting Documents Submitted with the Final Plat drawing and considered a part of the Final Plat submission shall be the follow- ing documents: A. Drawings showing layout, profile, computations and de t : design of the fallowing: (1) All utility easements, for water, sewer, electric; gas, telephone, etc, as applicable. (2) The required number of plans, profile and typical cross section drawings of streets, bridges, cul- verts, and other drainage structures. (3) Grading and drainage plan indicated by solid line contours superimposed on dashed Tine contours of existing topography for the area of the Final Plat. Such contours shall 5e at two (2) frot intervals for predemin;.,t grc ' slopes within the tract be- tween level and five percent (5%) grade and five (5) foot contours for predonominant ground slopes with- in the tract over five percent (5".) grade. In case of predominantly level topography throughout a sub- division, one foot contour ntervals may be required, (4) Erosion control plan when required, to be submitted as a result of Preliminary Plan review, (5) The required number of copies of pavement design computations and drainage design computations. These drawings and computations shall be prepared by either a registered professional engineer or registered land surveyor, as required by the laws of the State of Colorado, who is licensed to do such work in the State of Colorado, and shall be in conformance with the Engineering Criteria as provided by Resolution of the Board. The ahove engineering material shall be submitted by the Planner to the County Engineer for adequate- ly checking the engineering data at least ten (10) working days prior to the Final Plat being con- sidered by the Planning Commission. A copy f a e of e issued by le in- B suranceocompany toriantattorney�s opinion ofa the ttitle which shall set forth the names of ail owners of property included in the Final Plat and shall include a list of all mortgages,and agreements Judgments, of record�iniWeld County,ltwhich nshall saf- fect the property covered by such plats. If the attorney's ' opinion or certificate of title discloses any of the above then at the option of the Board, the holders or owners of such mortgages, judgments, liens, easements, contracts, or agreements shall be required to join in and approve the ap- lication before the plat shall be acted upon by the Board. C. Where a portion of an existing easement is contiguous to a proposed easement or right-of-way of a new subdivision, proof of the dedication of the existing easement or right- of-way acceptable to the Planning Commission must be sub- mitted. • D. Where the subdivider is to dedicate land for schools, roads, parks, or other public purposes, a letter of intent from the appropriate public agencies stating that it will accept the lands to be dedicated. E. A copy of a contract, or some tangible guarantee, pro- viding for public water supply when water is to be furnished by a public wager supply agency. F. where off-site sewage disposal is required, a copy of a contract, or some tangible guarantee, providing for the furnishing of adequate sewage treatment by a public sewage treatment agency. C. When a new street will intersect with a state highway, a copy of the state highway permit. N. Statements from gas, electric, telephone and other nec- essary utilities .that service will be provided to the subdivision. I, Wherever applicable, a copy of agreements signed by agricultural irrigation ditch companies specifying the agreed upon treatment of the ditch including fencing as provided in Section 8-12. J. Guarantee of public improvements No Final Plat shall be approved until the subdivider has submitted and the Board has approved a Subdivision Im- provement Agreement as provided in Section 11. K. Summary Statement of Proposal with the following informa- tion: (1) Total development area. r y2) Total number of proposed dwelling units. (3) Total number of square feet of non-residential floor space. (4) Total number of off-street parking spaces, exclud- ing those associated with single family resident- ial development. (5) Estimated total number of gallons per day of water system requirements where a distribution system is proposed. (5) Estimated total number of gallons per day and the estimated pounds per day of B00 content of sewage to he treated where a central sewage treatment fac- ility is propos�u, or disocyrl means and suitagili_y where nu central sewage treatment facility is proposed. -30- (7) Estimated construction cost and proposed method of financing of the streets and related facilities, water distribution system, sewage collection system, flood plain protection, storm drainage facilities, and such other facilities as may be necessary. If improvements are not to be completed prior t0 approv- al of the Final Plat, the cost estimates included in this statement shall be identical to those included in the improvement :_greement. L. Copies of deed restriction, including those required by the Board to govern the future use of each lot and any common land. M. Monument record for required benchmark, and closure sheets for the entire tract included in the plat and for each block in said tract. N. Certifications on the Final Plat The Final Plat shall contain the following certificates: (1) Certificate of Dedication, Ownership and Maintenance: Know all men by these presents that being the Owner(s), Mortgagee or Iienholder of cer- tain lands in Weld County, Colorado, described as follows: Beginning etc. Containing acres more or less: have by these presents laid out, platted and subdivided the same into lots and blocks, as shown on this plat, under the name and style of and do hereby dedicate to the public all ways and other public rights-of-way and easements for purposes shown hereon. It is understood and agreed to by the owner that the dedicated roadways shown on this prat will not be maintained by the County until and unless the owner or his assigns con- structs the streets in accordance with the subdivision regulations in effect at the date of the recording of this plat, Executed this day of A.O. 19 Mortgagees or Lienholder S. S. County of Weld The foregoing dedication was acknowledged before me this day of A. D. 19 My commission expires Notary Public Witness My Hand and Seal (2) Surveying Certificate 1, A Registered Professional Land Surveyor in the State of Colorado do hereby certify that the survey represented by this plat was made under my supervision and the monuments shown thereon actually exist and this plat ac- curately represents said survey. • by Registered Land Surveyor (3) Planning Commission Certificate This plat approved by the Meld County Planning Com- mission this day of A. D. 19 • by Chairman (4) Certificate of Approval by the County Commissioners Approved by the Board of County Commissioners of Weld County, State of Colorado. Witness my hand and the corporate seal of Weld County this day of A. D. 15 Attest: y Chairman (5) Recorders Certificate This plat. was filed for record in the office of the County Clerk and Recorder of Weld County at M. on the day of A.D. 19_ in book , page ,. map reception. County Clerk and Recorder by Deputy • D. Accessory Documents: (1} A title certificate or an abstract of title cover- ing all public dedications. (2) Certificate from the County Treasurer showing no delinquent taxes. (3) A Warranty Deed which deeds to Weld County all lands other than streets which are all to be held for or used for public purposes. (4) Certificate from a qualified engineer responsible for the design of the utilities. 5-3 Review Procedures - Final Plat A. When a Final Plat has been received it shall be acted upon by the Planning Commission at a meeting scheduled for subdivision review, within sixty (60) days or an- other mutually agreed upon period of time. B. County Planning Commission Review (1) The Planning Commission shall review the Final Plat at a regularly scheduled public meeting. The Plan- ning Commission may require or recommend changes or modifications to the Final Plat in the public in- terest. If the Final Plat and all supplementary data comply with the applicable requirements of these regulations, the Planning Commission shall endorse on the plat in the space provided. (2) within ten (14) days after review of the Final Plat at the public meeting, the Planning Commission shall send written notification of its Review to the Board. Required and recommended modifications to the Final Plat, if any, shall be noted on three (3) prints of the plat; one copy to be transmitted to the Board, one copy to be retained in the Planning Commission files, and one copy to be transmitted to the subdi- vider. (3) The only bazis for rejection of a Final Plat shall be its non-conformance to adopted rules, regulations and resolutions currently in force and affecting the land and its development in the county, its lack of conformance with approved Preliminary Plan, and changes required in the public interest. C. Board Hearing The Board shall hold a hearing on the Final Plat within forty-five (45) days of receipt of transmittal from the Planning Commission at a regularly scheduled public hoard meeting. The Board shall also consider the modi- fications recommended by the Planning Commission. If the -33- Weld Chun*!.C=i•-rte+ Pwrd o/Co n!y C Board determines that the Final Plat submission and the recommended modifications complies with the applicable • requirements of these regulations, they shall endorse on the Plat in the space provided. D. The subdivider shall provide the Planner with an adequate number of the approved plats or prints marked for modi- fication, together with the official notification of the • action to be distributed by the Planner as follows: (1) One copy to Planning Commission files (2) One copy to Beard files (3) One copy to Subdivider (4) One copy to Engineer and/or Surveyor of the subdi- vision (5) One copy to Colorado Land Use Commission together with supporting materials submitted pursuant to Section 6-2 (6) One copy each to Utility Companies serving the Sub- division. E. Recording Final Plat (1) The Planner shall record the Final Plat with the County Clerk and Recorder within five (5) working days of approval of the Final Plat by the Board. (2) The County Clerk and Recorder shall furnish the sub- divider with a receipt for the Final Plat upon fil- ing of the Final Plat. 6-4 Resubdivision Procedure A. Resubdivision of land c changes to a recorded plat shall be considered a subdivision and at shall comply with these regulations with the following exceptions: (1) Lot lines may be revised from those shown on the re- corded plat, provided that in making such changes: (a) No lot or parcel of land shall be created or sold that is less than the minimum requirements for area or dimension as established by these regulations or other applicable regulations or resolutions. (b) Drainage easements or rights-of-way reserved for drainage shall not be changed, unless sup- ported by complete engineering data. (t) Street locations and street rights-of-way shall not be changed; and (d) The plat shall not be altered in any way which will adversely affect the character of the plat filed. B. A copy of all Final Plat revisions shall he submitted to the Planning Commission and the Board far their review. r. Where the resubdivision complies with the appropriate re- quirements of these regulations, a Plat indicating the resubdivision shall be submitted to the Planning Commis- sion and the Board for their endorsements, prior to the filing of such plat with the County Clerk and Recorder. Such plats shall specifically indicate the revisions being made compared to the previously recorded plat. 6-5 Numbering System A. The Planning Department shall maintain an adequate num- bered filing system for all subdivisions, including copies of all maps, data, and actions. Also, a master location map (or maps) referenced to the filing system, for public use and examination. i SECTION 7 CONFORMANCE WITH EXISTING LAWS 7-1 General Land being subdivided shall conform with the Comprehen- sive Plan, Zoning Resolution, and other resolutions and regulations in effect in the County. All plans of streets or highways for public use, and all plans, plats, plots, and replots of land laid out in subdivision or building lots, and the streets, highways, alleys, or other portions of the same intended to be dedicated to a public use or the use. of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the Board of review and subsequent approval, conditional approval, or disapproval. The Board shall have the power to bring an action to en- join any subdivider from selling, agreeing to sell, or offering to sell subdivided land before a Final Plat for such subdivided land has been approved by the Board as provided in CRS 106-2-9(4). SECTION 8 DESIGN STANDAGDs All subdivisions approved by the Hoard must comply with the following standards. 8-1 General Standards A. The design and del,eTopmen,. rf subdivisions shall preserve, insofar as it is possible, the natural terrain, natural drainage, existing top50i1, and trees, B. Land subject to hazardous conditions such as land slides, mud flows, rock falls, snow drifts, possible nine sub- sidence, shallow water table, open quarries, floods, and polluted or nonpotable water supply shall be identified and shall not be subdivided until the hazards have been eliminated or will be eliminated by the subdivision and construction plans. C. Provision shall be made to preserve groves of trees, streams, unusually attractive topography, and other de- sirable natural landscape features. D. A proposed subdivision shall be designed in such manner as to be coordinated with adjoining subdivisions with respect to the alignment of street rights-of-way and utility and drainage ease•nents aad open spaces. 8-2 Streets A. Street Requirements (1) Street Plan, The -rrangeroc t, extent, width, type and location of all streets shall be designed in relation to existing or planned streets, to topo- graphic conditions, to public convenience and safety, and in relati-n ;:o *' prrporel '.sr r` land to be served. Streets shall be extended to the boundaries of each building site, except where such extension is prevented by topography or other physical conditions; or where the connection of streets with existing or probable future streets is deemed unnecessary for the advantageous development of adjacent properties. All building sites shall have access to a public street. (2) Through Traffic, Local streets shall be arranged so that their use by through-traffic will be discouraged. (3) Stub Streets. Provision must be made, through the provision of stub streets or extension of new streets to connect to existing stub streets, to provide an -37- • efficient street system. Not more than six (6) lots shall front on a stub street except where a telspor- ary turn-around is provided. (4) intersections. Freeways and arterial streets shall not he intersected by local streets. Collector streets shall not intersect major arterial streets at intervals of less than 1320 feet '1/4 mile). (5) Right-of-way Width. Streets shall have the follow- ing-minimum right-of-way widths: (a) Freeways - two hundred and fifty (250) feet; (CI) Major arterials - one hundred and forty (140) • feet; (c) Minor arterials - one hundred (100) feet; (d) Collector street - eighty (80) feet; (e) local street and service road - shall 5e at least sixty (60) feet; (Freeways and Major arterials shall be designated on the Compre- hensive Plan.) (6) Roadway Width. Streets shall have the following roadway minimum widths; (a) Four lane arterial streets - sixty-four (64) feet; (b) Collector street - forty (40) feet; (c) Local street or service road - forty (40) feet; (d) At least.six foot shoulders shall be provided on arterial streets where curbs are not pro- vided. (7) Half-Streets. Half streets shall not be permitted unless: (a) They are required to complete a half street already in existence; (b) The subdivider obtains for the County a dedi- cation from the abutting landowner of the other one-half of the street; and, (c) The subdivider obtains from the said abutting land-owner an agreement in a form satisfactory to the Board which guarantees the cast of the improvements and construction of the same on the half street within a time suitable to the Board; and, (d) The subdivider guarantees the construction of the imprdvement� on the half street which he is dedicating; or, (e) Upon waiver by the Board. (S) Dead-end Streets. (not cul-de-sacs), Dead-end streets shall not be permitted. (9) Cul-de-sac Streets. Permanent cul-de-sac streets serving no more than twenty (20) lots may be per- mitted and must be provided with a right-of-way at the turn around of sixty-five (65) feet radius or more and the outside curb or pavement edge radius must be fifty-five (SS) feet or more. (10) Number of Streets at Intersection. Ho more than two streets shall intersect a3 one point. (11) Angle of Street Intersections. Streets shall in- tersect at ninety (90) degrees, except where this may be impractical. Angles of less than ninety (90) degrees may be designed, subject to the approval of the Board. (12) Centerlines of Intersection Streets. Two streets meeting a third street from opposite sides shall meet at the same point, or their centerlines shall be offset at least three hundred (300) feet. This requirement shall not apply to the alignment of opposing cul-de-sac streets. rF it n 1_•�,++ 4.. . .. , ' * 7. B. Street Names. Streets shall have the...name;,of existing stteeis which are in alignment in the'�dbinty or in an s adjoining county or municipality. There shall be go duplication of street names within the area. 3 aC. i Curvature and Alignment 1 (1) Horizontal Curves. To ensure adequate sight,dist- p antes,r when street roadway lines ,deflect-more than five `5) degrees, connection shall be made by hori- zontal curves. The minimum centerline,radii for 1 local streets shall be one hundred (100) feet; 1 collector streets two hundred (200) feet; and of all other streets, three hundred (300) feet. On collector and major streets a minimum tangent of one hundred (100) feet shall be required between a curve and street intersection; a minimum tangent of j one hundred (100) feet shall be required between reverse curves. • f2) Vertical Curves. Vertical curves shall be used at changes of grade exceeding one percent and shall be designed to provide minimum sight distances of two hundred (200) feet for local streets and three hundred (300) feet for all other streets (arterial and collector streets shall be as determined by the current specifications of the American Association of State Highway Officials). No vertical grade shall be less than 0.2% in order to facilitate adequate drainage. Maximum percent of street grade, except as provided below; Local streets. 8% Collector streets 7% a Arterial streets 5m (a) where a horizontal curve gccurs on a grade of over five percent, the maximum allowable per- cent of grade on the curve shall be reduced by 0.5% of each 50 feet that the curve radius is less than 400 feet. (b) Street grades shall not exceed 4.0% for a dis- tance extending at least forty feet in each direction from a street intersection. L. Frontage of Major Highways Where a residential subdivision abuts a major highway, service roads may be required, A subdivision that adjoins or contains an existing or proposed freeway or major art- erial .provided in the Comprehensive Plan may be required to provide service roads at least forty-four (44) feet in paved width or more as required. There a subdivision borders a railroad right-of-way, free- way, arterial or collector street, a landscaped buffer area of not less than twenty (20) feet may be required for adequate reduction of noise pollution, E. Roadbed Construction Standards for Paved Roadways Roadbed construction shall be constructed in accordance with standards provided by resolution of the Board. B-3 Sidewalks, Curbs, and Gutters Sidewalks shall be provided where required by the Board, on both sides of all stre�,a, not less than four (4) feet in width. Sidewalks, curbs and gutters shall be constricted as provided by resolution of the Board. 8-4 Block Standards and Walks A. Block Standards The lengths, widths and shapes of blocks shall be deter- mined with due regard to the following: - (1) Provision of adequate building sites suitable to the special needs of the type of use contempleted; �c ►`�`— — '"i�1rl�min r- _ ati+..., (2) Requirements of the zoning ordinance as to lot c sizes and dimensions; 4F (3) Needs for 'convenient access and control iind safety f� of 4ehiculer and pedestrian traffic circulation, and emergency vehicles; (4) Limitations and opportunities of topography; (5) Maximum block length between intersecting streets shall be 1,600 feet, unless waived by the Board. B. Pedestrian Walks Where blocks exceed one thousand (1000) feet in length, pedestrian rights-of-way n* not less than ten (10) feet in width shall be provided through blocks where needed for adequate pedestrian circulation. Improved walks of not less than four (4) feet in width shall be placed with-in the pedestrian rights-of-way. 8.5 lot Size Standards A. Lot size, width, depth, shape and orientation and minimum building setback lines shall be appropriate for the loca- tion of the subdivision and for the type of development and use contemplated, and shall facilitate'.the placement of buildings with sufficient access, outdoor space, priv- acy and view. No lot shall be more than three times as long as it is wide. B. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate t0 provide for off-street parking, landscaping or planting area, and loading areas required by the type of use and development contemplated C. Lots {1) No single lot shall to divided by a municipal or county boundary line, (2) A let shall not be divided by a road, *Hey or other lot. (3) Each lot shall be provided'with satisfactory access to an existing public street. (4) Corner lots for residential use shall accomodate the required building setback line on both street frontages. (5) Wedge-shaped lots. In the case of wedge-shaped lots, no lot shall -he less than thirty (30) feet in width at the front property lines. (6) Lot lines. Side lot lines shall be at substantially right angles and radial to curved streets. Where lot lines are not at right angles to the street lines this shall be indicated, (7) Front on public street. Double frontage and reverse frontage lots shall not be permitted except where essential to provide separation of residential pro- perties from arterial streets or commercial uses, or orientation. (8) A planting screen easement, across which there shall be no right of vehicular access, may be required along the property lira of lots abutting an arterial street. A statement dissolving right of access from individual lots to the arterial street may be requir- ed with the Final Plat. B-6 Easement Standards Easements shall follow rear and side lot lines whenever practical and shall have a minimum total width of twenty (20) feet apportioned equally in abutting properties. Where front line easements are required, a minimum of fifteen (15) feet shall be allocated as a utility ease- • ment. Perimeter easements shall not be less than fif- teen (15) feet in width extending throughout the peri- pheral area of the development. -42- MSOMMeee=memoM t" Easements shall be designed so as to provide efficient 1 installation of utilities. Special guying easements at corners may be required. Public utility installations shall be so located as to permit multiple installations within the easements to avoid cross connections, mini- mize trenching and adequately separate incompatible systems. The developer shall establish rough tut final utility grades prior to utility installations. (For drainage easement requirements see Section 8-11). 8-7 Alleys Service access to the interior of blocks may be permitted in certain instances, in which case such alleys must be indicated in the plats. 8-8 Qriveways Driveways shall not be permitted to have direct'access to majer or minor arterial streets, 8-9 Sanitary Sewage Disposal A. General Requirements. In all new subdivisions, all lots, or parcels which can- not be connected to a public or community sanitary sew- age system shall be provided with.an on-lot sewage dis- posal system prior to the occupancy of, or use of build- 1119s constructed thereon, In order to determine the ad- equacy of the soil involved to properly absorb sewage effluent and to determine the minimum lot area required for Such installations, an interpretive map based on the National Cooperative Soil Survey showing the suitability of the soil for septic tank fields will be submitted along with the results of percolation tests. The results of these data will be reviewed by the Planning Commission and by the Department of Health to determine the general suitability of the soil for on-lot disposal systems. (1) lands made, altered, or filled with non•earth mat- erials within the last ten (10) years shall not be divided into building sites which are to be served by soil absorption waste disposal systems. (2) Each lot to Ile served by an on-site soil absorption sews a disposal system shall have fifty percent (50%) of its minimum required lot area or twenty thousand (20,000) square feet, whichever is less, in slopes of less than fifteen (15%) percent. (3) Each subdivided lot to be served by an on-site soil absorption sewage disposal system shall contain an adequate site far seCh system. An adequate site re- quires a minimum depth of eight (8) feet from the surface of the ground to impermeable bedrock, and a minimum depth Of eight (8) feet from the surface of the ground to the ground water surface (based on annual high water level). Each site must also he at least one hundred (100) feet from any water supply well, stream or water course, and at least ten.(10) feet from any dwelling or property line. (4) Soils having a percolation rate slower than thirty (30) minutes per inch shall not be divided into. building sites to be served by soil absorption sew- age disposal systems. (5) Land rated as having severe limitations for septic tank absorption fields as defined herein or by the U. S. Department of Agriculture, Sail Conservation Service, shall not be divided into building sites to be serviced by soil absorption sewage disposal systems unless such building sites contain not less than two and one-half acres. (8) An applicant desiring to install soil absorption sewage disposal facilities on the soils having sev- ere limitations, as determined in the preliminary plan review, shall; have additional on-s₹te invest- igations made, including percolation tests; obtain the certification of a soils scientist that specific areas lying within these soils are suitable for the proposed soil absorption sewage disposal system; and meet the State Health Department regulations. In addition, the Sanitary Inspector shall find that the proposed corrective measures have overcome the severe soli limitations. • (7) Other applicable standards adopted by the State Water Pollution Control Commission and the County Health Department. An applicant desiring to install soil absorption sewage disposal facilities on soils having severe limitations shall have an opportunity to present evidence contesting such classification and analysis if he so desires. There- after the Colorado Water Pollution Control Commission may affirm, modify or change the classification. B. Sanitary Sewer Mains, Laterals and House Connections Where local, county, and regional master plans indicate that construction or extension of sanitary sewers may serve the subdivision area within a reasonable time, the Board may require the installation and capping of sani- tary sewer mains and house connections in addition to the installation of temporary individual on-lot sanitary disposal systems. An agreement with the State Health De- partment shall be required which stipulates that the sub- divider and/or lot owner shall connect to said sewer within three (3) months after it is available. The de- sign and installation of -11 capped sewers, laterals and house connections must be approved by the County Health Department. Whenever individual on-lot sanitary sewage disposal systems are proposed the subdivider shall either install such facilities, or require by deed restrictions or otherwise as a condition of the sale of each lot or parcel within such subdivision that on-lot sanitary sew- age disposal facilities be installed by the purchaser of said lat at the time that the principal building is con- structed. In all other cases sanitary sewage disposal facilities shall be provided for every lot or parcel by a complete community or public sanitary system. All sew- er mains shall be installed in easements and/or dedicated rights-of-way. C. Test Procedures Test procedures shall be conducted in accordance with U. S. Public Health Service Publications Number 526, 1963 Edition, including any revisions thereto, and other County requirements. B-10 Water Supply Water supply systems shall be provided consistent with the standards of the requirements of these regulations. A. Public Water Supply Systems Where water supply is to be by a central system either through a municipality, a water district, or water com- pany or association, the subdivider must furnish evidence of adequate supply and ability to serve. If a new off- site water supply system is proposed, the subdivider prior to approval shall provide a certified letter from the state Engineer stating that proper water rights have been acquired, or a proper non-tributary source is reason- ably available for the future use of the subdivision. The central water supply system shall contain mains of sufficient size and having a sufficient number of outlets to furnish an adequate water supply for each lot or par- cel in the subdivision and to provide adequate fire pro- tection. The minimum size of water mains shall be six (6) inches, unless specifically excepted by the Board. fire hydrants shall be spaced no more than 1000 feet apart. All water mains shall be installed ₹n dedicated streets, alleys, or easements. All subdivisions containing ten (10) or more lots shall be served by a public water system. B. On-site Water Systems Where the subdivider proposes that individual on-lot water supply systems be constructed within the subdivi- sion, the subdivider shall install such facilities, or shall require by deed restriction or otherwise as a con- dition of the sale of each lot within the subdivision that the facilities be installed by the purchaser of said let at the time the principal building is construct- ed. 1 y 'Where individual on-lot water supply systems are proposed or necessary, a geologic report shall be submitted and shall contain a specific section on ground water geology prepared by a qualified.ground water geologist which indicates: (1) The probability of success of wells or on-site sup- ply systeles throughout the proposed subdivision. (2) The expected long term yield of such wells or systems. • l (3) The expected depth to usable water. (4) The expected quality of the anticipated water. (5) Any expected significant problems of long-term supply, pollution or long-term maintenance of such wells or systems. (6) The anticipated accumulative effect of such water use on other vested water rights in the area. (i) The report shall include such other information as required by the Planning Commission. C. Fire Safety Requirements All subdivisions of ten (10) building sites or more shall be required to provide minimum fire protection as follows: (1) Fire hydrants shall be spaced no more than 1000 feet. (2) Minimum water line size shall be six (6) inches within all subdivisions having two (Z) lots or more per acre. (3) Fire hydrants that have two and one-half (21) inch outlets shall have the National Standard Thread. Four and one-half (41/2) inch or six (F) inch steam- ers shall have thread< known as D-522, six (5) threads per inch. • (4) Minimum residual pressure of 20 to 30 psi at the fire hydrants will be considered to provide minimum fire protection, (5) Fire hydrants shall he located on dedicated street rights-of-way and be accessible to the standard fire pumper or as specified in an approved Planned Unit Development. 8-i1 Storm Drainage and Flood Plains Drainage areas shall be left in a natural state unless approved by the Planning Commission and no encroachment shall be made on the natural channel. A plan to prevent water pollution shall be submitted and adhered to where- ever any modification of topography is required during construction within 100 feet of any stream, irrigation ditch or drainage channel. Complete drainage systems for the entire subdivision area shall be designed by a professional engineer, licen- sed in the State of Colorado and qualified to perform such work and shall be shown graphically. All existing drainage features which are to be incorporated in the de- sign shall be so identified. If the Final Plat is to be presented in sections, a general drainage plan for the entire area shall be presented with the first section and appropriate detialopme.L stages for the drainage system for each section shall be indicated. where a subdivision is traversed by a water course, drain- age way or stream, there shall be provided a perpetual drainage easement conforming substantially with the lines of such watercourse, and of such width as necessary and adequate to carry off the predictable volume of storm water drainage from a twenty-five (25) year frequency storm as determined by the standard method for calcula- tions used by the Corps of Engineers. A. Design of Drainage Systems The drainage system shall be designed to consider the -47- • drainage basin as a whole and shall accomodate not only runoff from the subdivision area but also, where appli- cable, the system shall be designed to accomodate the runoff from those areas adjacent to and upstream from the subdivision itself, as well as its effects on lands downstream. The following requirements will be needed to complete the street and drainage a.,alysis. (1) A general location map far the subdivision showing the entire watershed. U. S. G. S. quadrangle map or an aerial photograph is adequate. (a) Outline the subdivision accurately on this map. (b) Outline the area or areas draining into the subdivision on this map and show areas in acres in a corner of the map. (2) A topography (contour) map of the subdivision show- ing lots, blocks, streets and any unusual features of filled areas, , (3) A preliminary layout map showing the method of mov- ing storm sewer water through the subdivision will be needed. This map should also show runoff con- centrations in acres of drainage area on each street entering each intersection. (This may be combined with the topographic map). Flow arrow should clear- ly show the complete runoff flow pattern at each intersection.. (4) Demonstrate the adequacy of drainage outlet by plan, cross-section and/or notes and explain plan for handling diverted storm water after it leave5 the subdivision. (5) Submit detail of ditch and culvert as applicable. (6) Calculate projected quantity of storm water entering the subdivision naturally from area outside of sub- division. (7) Quantities of flow at each pickup point. (8) Location, size and grades of required culverts, drain inlets and storm drainage sewers. (9) When no-joint pipe is installed, it shall be install- ed in accordance with ASTM Designation 0477-b1T. (10) The rainfall frequency rate used in determining the flow ❑f storm water shall be based en the following: The current hydrology computations method as used by U. S. D. A. Soil Conservation Service offices, or the generally accepted Rational Formula and tabu- lation as used to calculate individual drainage areas, time of flow, and ultimate quantities at each collect'on poi '. (Q AIC; where Q - quantity of runoff, A = area of drainage in square feet, I = intensity/time ratio in -Inches per minute, and C = runoff coefficient), (a) A ten (10) year frequency storm may be carried in the paved portion of the street, that Is, from the back of sidewalk to the back of side- walk. (b) A fifty (50) year frequency storm may be carried within the natural watercourse and the dedicat- ed right-of-way, (c) In the event a quantity of water, in excess of these limits is calculated to exist, a storm system will be provided either in the form of an underground system or a formal drainage way to prevent excessive ponding.. (d) In general, culvert sizes shall be sufficient to accomodate the flow computed with no head at the inlet and no less than the equivalent of an eighteen (16) inch diameter pipe. The velocity of flow in an unlined ditch shall be compatible with the soil erosion character- istics or the treatment to be afforded the, ditrh. 1 (e) The. quantity and velocity of flow in streets 4 , shall be computed from acceptable flow charts or by the usual methods used in computing flows in open channels. (f) Whenever a subdivision is traversed by a drain- age way which is' approved by the County Engineer for surface drainage, provision shall be made for the dedication to the public adequate rights- of-way for access and maintenance. C. Aquifers Any use of land which would pollute or contaminate an aquifer is prohibited. This includes but is not limited to sanitary land fills, septic tank and on-lot sewage dis- . posal systems. The following regulations apply to development over aqui- fers that are within twenty (20) feet of the land surface and in areas of aquifer recharge: (1) Construction of buildings shall not be permitted un- less approval by the State Health Department and the Colorado Geological Survey. (2) Building construction if permitted shall have found- ations designed by a professional engineer. D. Flood Plains The following regulations apply to development in design- ated flood plains: (i) Construction of buildings shall not be permitted in a designated floodway with a return frequency more often than a one-hundred (100) year flood, based on a six hour continuous storm. (2) Any use of land is prohibited where flooding would create a public health problem. This includes shal- low wells, uncased deep wells, sanitary land fills, septic tank and on-lot sewage disposal systems, water treatment plants, and also sewage disposal systems not completely protected from inundation. (3) Trailer parks, mobile homes and similar uses shall not be permitted in any designated floodway. (4) Any contemplated flood plain encroachment or channel- ling shall be thoroughly analyzed and its effect on stream flow determined before it is undertaken. Any construction, dumping, and filling operations in a designated floodway constitutes an encroachment. (5) Floodlands. ' No lot one (1) acre or less in area shall include floodlands. All lots more than one (1) acre shall contain not less than forty thousand (40,000) square feet of land which is at an eleva- tion of the one hundred (100) year recurrence inter- val flood or, where such data is not available, five (5) feet above the elevation of the maximum flood of record. B-T2 Irrigation Ditches Existing irrigation ditches shall be incorporated within the subdivision plan in a manner such that their function is not impaired. The ditches shall be protected from en- croachment and may be fenced in a manner acceptable to the ditch company, -50- • • 8-13 Abandoned Mines Building construction that occurs in areas of abandoned mines shall be approved by a profe55ional engineer. a-14 Subdividing_or Planning All of Parcel Where an entire parcel is not subdivided, the subdivider must indicate his intendcl plans for disposition of the remainder of the parcel. B-15 Public Sites and Open Spaces A. The Planning Commission and the Board, upon consideration of vehicular traffic and facilities and the particular type of development proposed in the subdivision, may re- quire the dedication, development, and/or reservation of areas or sites of a character, extent and location suit- able for public use for parks, greenbelts, or other nec- essary public purposes, other than subdivision streets and utility easements designated in accordance with one of the following alternatives or as specified in the PUO plan: (1) The required acreage as may be determined according to Section $-1S-B of the subdivision regulations shall be dedicated to a public agency for one or more essential public purposes. Any area so dedi- cated shall be approved by the proper public agency and shall be maintained by the public agency. (2) The required acreage as determined according to Sec- tion 8-15-8 of the subdivision regulations may be reserved through deed restrictions as open area, the maintenance of which shall be ensured by spec- ific obligations in the deed of each lot within the subdivision. (3) In lieu of land there may be required a payment to the County in an amount equal to the market value at the time of Final plat submission of the required acreage as determined according to Section 8-15-B. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the sub- divider. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. B. Required Acreage The amount of land that may be required for public dedi- cation, reservation, or as a measure of money to be paid in lieu of such dedication or reservation, shall be de- termined as follows: (1) For residential subdivisions: Required Acreage = expected population x 10.5 1000 Expected population will be determined by the Plan- ner as follc.^s: Expected population shall be determined by multiplying the total number of units proposed for the subdivision by the average number of inhabitants per unit in existing subdivisions of a ,.imilar character. (2) For commercial or industrial subdivisions or por- tions of subdivisions: Required Acreage - Not less than five. percent (5%) nor more than twelve percent (12a) of the acreage of the commercial or industrial portinn of the sub- division. 8-16 Underground Utilities A. All electric and communication utility lines and services, and all street lighting circuits shall be installed under- ground, except for the following: (1) Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities nec- essarily appurtenant to such underground and street lighting facilities;. (2) All facilities reasonably necessary to connect underground , facilities to existing or permitted overhead or above-ground facilities; (3) Overhead electric transmission and distribution feed- er lines and averhead communication long distance, . trunk and feeder lines, existing or new; (4) It shall not be necessary to remove or replace exist- ing utility facilities used or useful in serving the subdivision. Deviations from the requirements, other than those listed above, shall be permitted only with the written recommend- ation of the planning Commission and the Board who shall make such recommendation only in cases of extreme diffieul- ty.. SECTION 9 MINOR SUBDIVISIONS 9-1 Minor Subdivisons Exempted The Board hereby determines that minor subdivisions which meet the requirements far designation as such in Section 9-3-A below are not within the purposes of Article 2 of Chapter 106 of CRS '63 as amended. Pur- suant to sub-section 3-d of 106-2-33 of CRS '63 as amend- ed minor subdivisions a,_ exempted from the definition of "subdivision" or "subdivided land" and from follow- ing the complete regulations, requirements and procedures set forth in these Subdivision Regulations. Minor sub- divisions must follow the procedures for minor subdivi- sions in this Section 9, 9-2 Application for Designation as Minor Subdivision A. The owner or agent of the owner of a tract or parcel of land which is proposed to be divided into two (2) build- ing sites, tracts, or lots shall apply to the Board for designation as a minor subdivision. Such application shall include the following: (1) A location map indicating the relation of the lots to existing roads; (2) A legal description of the tract and of the proposed lots; (3) A plat of the proposed minor subdivision con- forming to the drawing requirements and contain- ing such certifications as shall be indicated in a procedural guide for minor subdivision application, which guide shall be provided by the Planner; (4) A certificate (the form for which shall be provided by the Planner) of pll land transfers concerning the entire tract during a five (5) year period prior to the application for designation as a minor subdivi- sion; (5) The type of water system proposed; also documenta- tion of water rights and of historic water use, if applicable; (6) Type of sewer system proposed; (7) The acreage of the entire tract and of each lot; All items must be submitted to the Planner for re- view at least thirty (30) days prior to the Board meeting at which the minor subdivision proposal is to be considered. -53- • • 9-3 Review Procedures far Miner Subdivisions A. The Planner shall review the application for designation as a minor SubdiViSion prior to its consideration by the Board. He shall make a recommendation to the Board con- cerning the appropriate action to take regarding the ap- plication. The Board shall not approve the designation of the proposed division as a minor subdivision unless it finds the following: (1) That the proposed lots are not part of a minor sub- division or subdivision approved within less than . five (5) years previous; (2) That the proposed division would not constitute the subdivision of a larger tact er parcel of land into more than two (2) building sites, tracts, or lots within five (5) years; (3) That the lots resulting from the proposed division will each be accessible from an existing public road with a minimum frontage in conformance with the County Zoning Resolution; (4) That the proposed lots will have access to an ade- qute water supply; (5) That the proposed lots will have access to an ade- quate means for the disposal of sewage; (6) That the minimum lot size shall not be less than the zoning requirements; (7) That the minor subdivision proposal is in compliance with the Comprehensive Plan. (8) That said minor subdivision does not interfere with or lie within major flnodways or drainage courses. Otherwise, the Board shall designate the proposal as a subdivision as defined in these regulations. B, Filing of Minor Subdivisions Upon obtaining a designation as a minor subdivision, the Planner shall record the plat of the minor subdivision in the office of the County Clerk and Recorder. County road widths shall be dedicated as required in the Compre- hensive Plan, and the owner shall pay fees as provided in a resolution by the Board. SECTION 10 UTILITIES AND IMPROVEMENTS 10-1 General Requirements A. The following improvements shall be constructed at the expense of the subdivider as stipulated in the Subdivi- sion Improvement Agreement in a manner approved by the Board which is consistent with sound construction and local practice. k'i,ere sN, ;fic requirements are spell- ed out in other sections of these regulations, they shall apply: (1) Road grading and surfacing; (2) Curbs, If required;. (3) Sidewalks, if required; (4) Sanitary sewer laterals where required; (5) Storm sewers 4r storm drainage system as required; (6) water distribution system, where applicable; (7) Street signs at all street intersections; (8) Permanent reference monuments and monument boxes; (9) Street lighting, if required; (10) Landscaping, where required; (ill Underground electric and communication utility lines and services, and all street lighting circuits, as required; (12) Other facilities as may be specified or required in these regulations by the Planning Commission. • SECTION 11 IMPROVEMENTS AGREEMENT 11-1 Contract • • No Final Plat shall be approved by the Board until the subdivider has submitted a Subdivision Improvement Agree- ment or a contract approved by the Board agreeing to con- struct the required improvements as shown in plans, plats and supporting documents. 11-Z Improvements Guarantee • Suitable collateral, in an amount stipulated in the sub- division improvement agreement, shall accompany the Final Plat submission to ensure the completion of the improve- ments according to design and time specifications. If the improvements are not constructed in accordance with all of the specifications, the Board shall notify the subdividers of the noncompliance and discuss with the subdividers the reasons for the noncompliance and pro- pose schedules for correcting the noncompliance. If the Board determines that the subdividers will not construct any or all of the improvements in accordance with all of the specifications, the Board shall have the power to withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. 11-3 Release of Guarantee From time to time as the required improvements in a sub- division are completed, the subdivider may apply in writ- ing to the Board for a partial or full release of the bond, credit deposit letter, certified check, or other collateral. Upon receipt of such application in writing, the Board or its agent shall inspect that portion of the improvement which has been completed. If the Board deter- mines from such inspection that the improvements thus far completed have be,-.11 made ii accordance with the Final Plat and the requirements of these regulations, a portion of the bond, credit deposit letter, certified check, or ❑ther collateral sufficient to cover the cost of the improve- ments thus far completed shall be released. SECTION 12 VARIANCES A. Hardship Should the subdivider clearly demonstrate that, because of peculiar physical conditions pertaining to his land, the literal enforcement of one or more of these regula- tions is impracticable or will exact undue hardship, the Board may permit uuch variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by these regulations. B. Planned Unit Development The regulations contained in this resolution may be modi- fied by the Planning Commission and the Board in the case of Planned Unit Development, if such modification is in the best interest of the County. (1) The purpose of the P. U. D. Plan is to encourage flexibility and variety in land development, a more efficient allocation and maintenance of open space, and a more efficient use of those public facilities required in connection with such development. (2) The P. U. D. design shall specify: (a) That the common area shall be a part of the overall area covered by the Plan. (b) That each parcel within the area shall be deeded as a unit granting to the parcel owner a propor- tionate undivided interest in the common area in perpetuity with a deed restriction against future residential, commercial or industrial development. (3) There shall be a plan, which shall also be a deed restriction by covenant or otherwise, in perpetuity, binding the unit owners to a method of maintenance of the common area. 1. .: 43 . li li SECTION 13 VIOLATIONS 'AND, PENALTIES •. A. Any subdivider, or agent of a subdivider, who transfers or sells or agrees to sell or offers to SB11 any SU)}- divided land before a final plat for such subdivided land has been approved by the Board of County Commissioners and recorded or filed in the office of the County Clerk and Recorder shall be guilty of a misdemeanor and shall l be subject to a fine not to exceed five hundred dollars for each parcel or interest in subdivided land which is sold or offered for sale. All fines collected under this paragraph (A) shall be credited to the general fund of the county. B. The Board of County Commissioners of the County in which the subdivided ]and iS located shall have the power to L bring an action to enjoin any subdivider from selling, L agreeing to sell, or offering to sell subdivided Lana before a final plat for such subdivided land has been approved by the Board of County Commissioners. SECTION 14 ! VALIDITY • i If any section, subsection, paragraph, clause, phrase, or provision of these regulations shall be adjudged invalid or held unconstitutional , the same shall not affect the validity of these regulations as a whole or any part or provision hereof, other than the part so adjudged to be invalid or unconstitutional. i There being no further business for the day, a recess was ordered taken to a faurepdate, subject to call of the Chairman. :�. ' e4 u (1(}UNTY GLFRiC �,(�yu��i,,,,//- CHAIRMAN By: ,;,,,,!dr.,,, • ��r,�,/ Deputy County Clerk i. GREELEY, COLORADO, THURSDAY, AUGUST 31, 1972 A regular meeting was held by the Board of County Commissioners of weld County, Colorado,at 1C:D0 o'clock A. M., with the following present: GLENN K. RTLI.Iar,s COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 30th instant were read, and there being no corrections or objections thereto, same were ordered approved. The fallowing resolutions were presented: IN THE MATTER OF AUDIT AND ALLOWANCE OF CLAIMS FOR THE MONTH OF AUGUST 1972, The following claims were presented, examined and on motion same were allowed and warrants ordered drawn in payment thereof: j COUNTY GENERAL FUND 16824 TO 17124 INCLUSIVE 1 , ROAD B BRIDGE FUND 8830 TO 9034 INCLUSIVE PUBLIC WORKS FUND 363 TO 372 INCLUSIVE WELFARE FUNDS ADC' 37519 70 09107 INCLUSIVE ACID 13905 TO 14511 INCLUSIVE GA 2483 TO 2538 INCLUSIVE VARIOUS 7636 TO 7755 INCLUSIVE ADM 1754 TO 1956 INCLUSIVE OAP 5oee1 TO 52683 INCLUSIVE Day Care 2302 TO 2423 INCLUSIVE 1 Hello