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720600
10/20/72
BEFORE THE WELD COUNTY PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by J . Ben Nix that the following resolution be intro-
duced for passage by the Weld County Planning Commission :
Be it therefore Resolved by the Weld County Planning Commission
that the following be adopted by the Board of County Commissioners :
Model Subdivision Ordinance for towns in Weld County based on
the Weld County Subdivision Resolution .
To be recommended favorably to the Board of County Commissioners for
the following reasons :
Will help standardize subdivision regulations and procedures
throughout Weld County and will facilitate adoption of subdivision
regulations by the towns .
Motion seconded by Donald Clark
Vote : For Passage : Glenn Anderson Against:
Donald Clark
Ronald Heitman
J . Ben Nix
Elmer Rothe
John Watson
The Chairman declared the motion passed and ordered that a certified copy
of this Resolution be forwarded with the file of e_-oard
of Count Commissioners for further g Rnoo
County proceedings .
s . COUNTY of wELp es.
Filed w.th th Clerk of the Board
of County Comms-ionc
OCT-a1972
COUNTY CLEOR AND NECORDFR
BY __ Deputy
•-. "^".1.
4
CERTIFICATION OF COPY
Dorothy Chlanda ~
I , Recording Secretary of the Weld County
Planning Commission , do hereby certify that the above and foregoing
Resolution is a true copy of the Resolution of the Planning Commission
of Weld County , Colorado , adopted on October 17 , 1972 and recorded
in Book No . III of the proceedings of the said Planning Commission .
Dated the 20th day of October 7972
Secretary
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PROPOSED
MODEL SUBDIVISION ORDINANCE
WELD COUNTY PLANNING COMMISSION
OCTOBER 1972
ORDINANCE N0.
AN ORDINANCE ESTABLISHING RULES, REGULATIONS AND STANDARDS
GOVERNING THE SUBDIVISION OF LAND WITHIN THE TOWN OF ,
COLORADO, AND IMMEDIATE VICINITY; PROVIDING A PROCEDURE FOR
THE PREPARATION, PROCESSING AND PRESENTATION OF PRELIMINARY
PLANS AND FINAL PLATS; ESTABLISHING DESIGN STANDARDS; RE-
QUIRING IMPROVEMENTS; DEFINING CERTAIN TERMS; PRESCRIBING
METHODS FOR VARIANCES, ENFORCEMENT, INTERPRETATION, AMEND-
MENT, SEPARABILITY AND REPEALS. BE IT ORDAINED BY THE BOARD
OF TRUSTEES OF THE TOWN OF
DO
COUNTY OF WELD ss.
Filed with the Clerk of the Board
of County Commissioners
OCT �1972
C.,,,ijorbr",,,,r,
COUNTY CLERK AND NECONOCR
BY Deputy
SECTION 1 : TITLE, AUTHORITY, JURISDICTION AND PURPOSES
1-1 Title
A. These regulations shall be known and may be cited as "The Sub-
division Regulations of .� , Colorado. "
1-2 Authority, Jurisdiction and Enforcement
A. The following regulations have been prepared and enacted in ac-
cordance with Chapter 139 of the Colorado Revised Statutes, 1963,
as amended.
B. The territory within which these regulations are applicable shall
include all land located within the legal boundaries of the Town
of , hereinafter referred to as the Town, and all
land located within three miles of the corporate limits of the Town
and not located in any other municipality for purposes o£ control
with reference to the plan for major streets only. These regulations
shall also apply to land in the process of annexation.
C. Whoever divides, or participates in the division of a lot, tract
or parcel of land into two or more lots, plats, sites or other
division of land for the purpose, whether immediate or future, of
sale or of building development, whether residential, industrial,
commercial, business or other use, shall make the transaction sub-
ject to the provisions of this ordinance and a plat therefore must
be submitted to and accepted by the Town according to the terms as
herein set forth. The terms hereof shall also include and refer to
any division of land previously subdivided or platted.
D. It shall be unlawful to file or record a plat of a subdivision of
land with the Weld County Clerk and Recorder until the plat is
approved by the Planning Commission, hereinafter referred
to as the Planning Commission, and the Board of Trustees of the
Town of , hereinafter referred to as the Board, and signed
by duly authorized representatives of such bodies.
E. It shall be unlawful to use any plat of a subdivision of land for
purposes of sale or building development until such plat is approved
by the Planning Commission and Board and signed by duly authorized
representatives of such bodies.
1-3 Statement of 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 Town, the County of Weld, the State of
Colorado and other public agencies.
D. To ensure coordination of municipal public improvement plans and
programs.
E. To encourage well planned subdivisions by establishing adequate
standards for design and improvements.
F. To improve land survey monuments and records by establishing
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 pro-
viding uniform procedures and staadards.
I. To prevent population congestion.
J. To protect natural vegetation and scenic areas.
K. To _prevent and control erosion., sadimentaWion. rind other pollution
of 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.
O. To implement the Comprehensive Plan of the Town.
1-4 Acceptance of Public Lands
Approval of a subdivision by the Planning Commission and the Board
shall not constitute an acceptance by the Torun of the roads, streets,
alleys, or other public lands for maintenance as indicated for de-
dication on the plat. The dedication of any of these lands for
public use of any nature within the Town shall be accepted by the
Board only by specific: action of the Board.
SECTION 2: DEFINITIONS
The language set forth in the text o£ this ordinance shall be
interpreted in accordance with the following rules of con-
struction:
(1) The singular number includes the plural and the plural the
singular.
(2) The present tense includes the past and future tenses, and
the future the present.
(3) The word "shall" is mandatory, while the word "may" is per-
missive.
(4) The masculine gender includes the feminine and neuter.
The following words and terms, wherever they occur in this or-
dinance shall be construed as here defined:
2-1 Aquifer
A water-bearing layer of sand, gravel or porous rock.
2-2 Block
A .parcel o£ land bounded on all sides by a street or streets.
2-3 Board
The Board of Trustees of the Town of , Colorado.
2-4 Comprehensive Plan
A plan for guiding and controlling the physical development of
land use and circulation facilities in the Town and any amend-
ment or extension of such a plan.
2-5 Conservation Standards
Guidelines and specifications for soil and water conservation
practices and management enumerated in the Technical Guide pre-
pared by the USDA Soil Conservation Service, adopted by the
County Soil and Water Conservation District supervisors, and
containing suitable alternatives for the use and treatment of
land based upon its capabilities from which the land-owner selects
that alternative which best meets his needs in developing his
soil and water conservation plan.
2-6 Consumer
Any person contacted as a potential purchaser, lessee, or renter
as well as one who actually purchases, leases, or rents property
in the subdivision.
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2-`j Dedication
A grant by the owner of a right to use land to the public in
general involving a transfer of property rights and an acceptance
of the dedicated property by the appropriate public agency.
2-8 Easement
A right to land generally established in a real estate deed or on
a recorded plat to permit the use of lard by the public, a cor-
poration, or particular persons for specify ed uses.
2-9 Evidence
Any ;yap, table, chart, contract, or any other document or testi-
mony prepared or certified by a qualified person to attest to a
spec'J.fic Clair:, or cored Lien, wtill.ch evidence Nust be relevant an4
competent and must support the position maintained by the sub-
divider.
2-10 Flood. Plain
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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.
2-11 Improvements Agreement
One or more security arrangements which may be accepted by the
Board to secure the construction of such public improvements as
are required by these subdivision regulations within the sub-
division and shall include collateral, such as, but not limited
to, performance cr property bonds, private or public escrow
agreements, loan commitments, assignments of receivables, liena
on property, deposit of certified funds, or other similar surety
agreements.
2-12 Lateral Sewer
A sewer which discharges into another sewer and has only building
sewers tributary to it.
2-13 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 undeveloped or developed site, re-
gardless of how it is conveyed. Lot shall also mean parcel, plat,
site or any similar term.
2-14 Multi-Family Dwelling
A building providing separate dwelling; units for two or more
families.
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2-15 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_-16 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.
2-17 Person
An individual, partnership, corporation, association, unincor-
porated organization, trust or any other legal or commercial entity
including a joint venture or affiliated ownership. The word
"person" also means a municipality or state agency.
2-18 Planning Commission
The Planning Commission of the Town of
2-19 Permanent Monument
Any structure permanently placed on or in the ground, including
those expressly placed for surveying reference.
2-20 Plan, Sketch
A map of a proposed subdivision, drawn and submitted in accordance
with the requirements of adopted regulations, to evaluate feasi-
bility and design characteristics at an early state in the planning.
2-21 Plan, Preliminary
The map or maps of a 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 engineering and design.
2-22 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.
2-23 Planned Unit Development (PUD)
An area of land improved as a residential, commercial, or in-
dustrial development or a combination thereof in which normal
restrictions of lot sizes, setbacks, densities, land uses, and
other criteria may be relaxed in return for development conformance
to an approved plan for the total parcel.
2.-24 R17,sorvation
A legal obligation to keep property free from development for a
stated period of time, not involving any transfer of property
rights.
2-25 Resubdivision
The changing of any existing lot or lots of any subdivision plat
previously recorded with the County Clerk and Recorder.
2-25 Reverse Frontage Lots
Lots :which front on one public street and back on another.
2-27 Right-of-Way
That portion of land dedicated to public use for .street ands/or
utility purposes.
Control of Access - The condition where the right of owners or
occupants of abutting land or other persons to access, light,
air or vier in connection with a highway is fully or partially
controlled by public authority.
2-28 Roadway
That portion of the street right-of-way .designed for vehicular
traffic.
2-29 Street
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley, or other Way for the movement of vehicular traffic which
is an existing state, county or municipal roadway, or a street
or way shown upon a plat, heretofore approved, pursuant to law
or approved by official action; and includes the land between
street lines, whether improved or unimproved, and may comprise
pavement, shoul.de:as, 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 (1) through
(9) :
(1) Freeway. A major regional highway, including i.nterstat
highways, designed to carry very large volume:; of vehi^uiax
traffic, with full control of access and all intersections
grade separated. (An express-way is similar to a freeway
except that all intersections need not be grade separated. )
(2) Arterial Street. A street or road designed to carry high
volumes of vehicular traffic over long distances in a direct
manner.
(3) Collector Street. A street or road designed to collect or
distribute vehicular traffic from one or more re5 ident'i gal or
non-residential areas to or from a Major or Minor Arterial.
(u) _Local Street. A street or .road designed to carry vehicular
traffic from one or more individual residential or non-
residential unit to or from a Collector Street. •
(5) Alley. A minor way which is used primarily for vehicular
service access to the rear or side of properties otherwise
abutting on a street.
(6) Cul-de-sac. A short dead-end street terminating in a vehi-
cular turn-around area.
('7) Half Street. A street parallel and contiguous to a property
line and of lesser right-of-way width than is required for
minor or major streets.
(8) Service Road._ A street or road paralleling and abutting
major streets to provide access to adjacent property so that
each adjacent lot will not have direct access to the major
street.
(9) Stub Street. A street or road extending from within a sub-
division 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 connecting street system.
2-30 Subdivider or Developer
Any person, firm partnership, joint venture, association or
corporation who shall participate as owner, promoter, developer
or sales agent in the planning, platting, development, promotion,
sale or lease of a subdivision.
2-31 Subdivision
The division of a lot, tract or parcel of land into two or more
lots, plats, or sites or other divisions of land for the purpose,
whether immediate or future of sale or of building development.
It includes resubdivision and, when appropriate to the context,
relates to the process of subdividing or to the land or terri-
tory subdivided.
S_;;CTION ,: PROOEDTMS FOR SiJMISSION OF SUBDIVISION PLANS
3-1. Summary of Procedures
A. Sketch Plan
Subdividers .shall sabnit a Sketch Plan to the Planning Commission
prior to the submission of a Preliminary Plan. The Sketch Plan
will enable the subdivider and the Planning Commission 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.
Th a procedure shall not :Cc:C111ire formal application,on, fee or filing
of plane with the Planning Commission.
At the time of Sketch Flan submission, the subdivider will be given
materials and information relating to procedures for Subdivision
Application including Preliminary Plan requirements, required
public inprovemints, derign standards and subdivision improvement
agreements.
The ubdi viler will also be advined of the particular requirements
for determining and evaluating the suitability 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 professional engineer, licensed in the State of Colorado, for
submission with the Preliminary Plan.
B. Preliminary Plan
Subdividers shall submit required Preliminary Plan materials and
.supportin₹; documents of a proposed .subdivision to the Planning Com-
mission offices for apnnoval prior to the submission of a Final.
Plat. Submission requirements and time required for review and
notification are included in SECTION g.
The Planning Commission shall have the authority to require chanRe.s
in the prolimina.ry plan, which more fully•meet, the pu.rpoaes of
these subdivision regulations as set forth in Subsection 1-3.
In reviewing preliminary plans that have been submitted to it, the
Planning Commission shall not only insure that: the intent and re-
quirements of these regulations are followed, but shall also deter-
mine the extent to which the goals and policies imbodi.ed in the
Comprehensive Plan are met.
Approval of the Preliminary Plan shall be effective for twelve (12)
months after the approval date. Thereafter, approval of the Pre-
liminary Plan will have expired unless a Final Plat has been sub-
mitted to the Planning Commission within that twelve (12) months, or
a mutually agreed upon extension has been granted by the Planning Com-
mission. Whenever a Final Plat is approved for less than the entire
area covered by the Preliminary Plan, approval of the Preliminary
Plan for the relnajning unplatted area shall. be eytended for an
additional twelve (12) months.
C. Final Plat
The Final Plat submission shall conform to the .approved Preliminary
Plan and the requirements contained in SECTION 6. The Planner
shall file the Final Plat as provided in SECTION 6-E.
D. Conformity to these Regulations
Sketch Plans, Preliminary Plans and Final Plats shall conform to
the requirements and specifications of these regulations and shall
be submitted in the manner prescribed.
E. Planning Commission Action
Failure by the Planning Commission to act by recommending to the
Board approval, conditional approval, or disapproval of a Final
Plat within thirty ( 30) 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. Board of Trustees Action
After approval or conditional approval of the Final Plat by the
Planning Commission, the Board shall hold a hearing as provided
in SECTION 6-C.
G. Acceptance of Street and Other Public Land Dedication
Acceptance of dedication of proposed public lands or streets or
street rights-of-way, in an approved plat, can be made only by
the Board. Plat approval cannot be deemed as acceptance of de-
dication.
3-?_ Industrial and Commercial Subdivisions
The circulation and lot layout of, and to be used for, industrial
or commercial purposes shall follow the prescribed procedures for
submission and review of Preliminary Plans and Final Plats.
3-3 PUD Subdivisions
Approval of a Planned Unit Development may be given upon evidence
of the provisions of open spaces, public facilities, access,
planning esthetics, and other considerations deemed inportant by
the Planning Commission and the Board.
3-4 Mobile Home Parks
Each mobile home part application shall be submitted as a Planned
Unit Development, and shall comply with SECTION 11-B.
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3-3 ,schedule ofFoes
A. There shall be required a fee for each Preliminary Plan and Final
Plat submitted for approval. The following fees shall be paid at
the time of submission of such plans or plats to the Planning
Commission:
(1) Preliminary Plans: $35.00 for the first 25 lots and 31.50
per lot over 25;
(2) :Final Plats: $50.00 for each filing;
(3) Recording fee as required by the Weld County Clerk and Re-
corder;
(4) Any additional casts made necessary by unusual circumstances
and more than ordinary review and other services being rro-
vided by the Town.
B. Subdivider ,shall pay the following fees as a condition of approval
of the Final Plat by the Planning Commission and Board :
(1) Park fee in lieu of dedication of land (SECTION $--15) , au_.
cording to one of the following two scheduler, whichever is
the larger:
(a) Two cent ($0.02) per square foot of lot area with a
minimum of one:-hundred fifty dollars (?150.00) per lot
and a maximum of three-hundred dollars (S300.00) per
lot; or
(n) One-hundred fifty dollars ($150.00) per dwelling unit.
Such •park fee shall be deposited in a separate Town account
and shall be used only for acquisition and development of
land for public park and recreation areas.
(2) Drainage fee
(a) All undeveloped property shall be charged a minimum fee
of one-hundred fifty dollars ($150.00) for first 10,000
square feet of lot area or fraction thereof if less than
10„000 square feet regardless of use.
(b) in addition to said on=:-hundred fifty dollar (' 150.00)
fee, if said property is used for commercial or industrial
use, the fee shall be two cents ($0.02) per square foot
of lot area that exceeds 10,000 sauare feet.
(c) In addition to said one-hundred fifty dollar ($150.00)
fee, if said property is used for any other use than
(b) above, the fee shall be one and five-tenths cent
($0.015) per square foot of lot area that exceeds 10„000
square feet.
Such drainage fees shall be deposited in a separate `.Town
account and shall be used only for providing and improving
storm drainage systems of the Town. Additional specific
fees may be charged over the basic fees for additional loads
and costs placed on the drainage system(s) of the Town.
(3) Water tap fee: as established by the Board.
(4) Sewer tap fee: as established by the Board or sanitation
district.
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S=CTtON 4 : SKETCH. PLAN
4-1 Pr. nsedures and Requirements for-Submission
Subdividers shall submit a Sketch Plan to the Planning Commission
for review and discussion on site plan and general .scope and con-
ditions.
The Sketch Plan shall contain the following information presented
in ,generalized and schematic form:
A. .Location ;'far
The location man shall be prepared on a published sheet map or
zoning map and shall indicate clearly the relationship of the pro-
noaed subdivision to the surrounding area within one-quarter mile
of the subdiviai_oa's boundaries. The map a hall show existing
development including major streets, existing public ae;,rera, public
grater supply, and storm drainage systems; major land use con-
centration; principal places of employment; community facilities
such as schools and parks; zoning on and adjacent to the tract;
school districts, taxing districts and other special d:i.;tricts :if
any. The location mar .hall include a title, oca.,le, total acreage
of the tract, north arrow and date. (.scale not less than 1" = 600' ).
B. Sketch Plan
The sketch plan may be a free hand drawing at suitable scale (not
less than 1" _ ?_00' ) in a legible medium, and shall clearly show
the following;: topographic contours (from U.S.G.S. maps) ; the pro-
posed layout of streets and lots; in relation to topographic con-
ditions and natural landscape features on the site; the proposed
location and extent of major open spaces and public sites; general
locations of utilities easements and installation;; proposed lard
uses; and indication of building types, with approximate location
of major buildings exclusive of single family residential dwellings.
Variations from the scale requirement of the sketch plan (1" = 200' )
will be acceptable in the case of large :ubdivi sions provided the plena
and design are clearly legible. The plan generally shall include
north points, name of the subdivision, name of the county, U.S.G.,S.
township, range, section, 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. General Development Information
This information shall describe or outline the existing conditions
of the site and the proposed development as necessary to supplement
the drawings required in subsections A and B above, and shall include
information on existing covenants and land characteristics, and in-
formation describing the development proposal, such as number of
residential lota or dwelling units, typical lot width and. depth,
Price ranges of lots and C=wel ina unite, pror1f1!'ed nrotective coFed ee!.s ,
and proposed utilities aad st reet imerovements.
D. Proposed Utilities
1. Type of water system proposed; also documentation of water rig;its
and of historic water use, if applicable.
2. Type of sewer system proposed.
3. General description of the storm drainage system proposed.
4. List of other utilities to be provided and proposed supplier.
E. Soils Map
If requested by the Planning Commission, a map showing soil types
and their boundaries, as shown on Soil Survey Maps prepared by
the U.S. Department of Agriculture, Soil Conservation Service, and
also a table of interpretations for the soil types shown on the
soil map prepared by the Soil. Conservation Service.
F. Review Procedures
Sketch Plans shall be reviewed by the Planning Commission in in-
formal conference with the subdivider. The conference is in-
tended to be for the mutual exchange of information and develop-
ment concepts. A primary concern shall be the degree to which the
proposed subdivisions meets the governing bodies land use policies
and its Comprehensive Plan. The Planning Commission may take up
to thirty (30) days to review the Sketch Plan.
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STICTION 5: PRELIMINARY PLAN
5-1 Submission Reaui cements
Copies of all required material shall be officially submitted
to the Planning Commission offices by the subdivider (or his
authorized representative). A preliminary plan filing; fee shall
accompany the submittal in accordance with the fee schedule in
SECTION 3-5.
A. Plan Requirements
(1) One copy of an Application for Approval of a Preliminary Platt
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 determined that the submission
includes all the requirements set forth in there regulations.
The date of the Planning Commission meeting to review the plans
shall be specified on the receipt.
B. Drawing Requirements
The preliminary plan may consist of one or more sheets depending
on the size of the subdivision. It shall meet the minimum design
8 of these re�,ulat:icns.
standards set forth 7..1 C�Jn.�h IOAI
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 execution of the plan shall be made in every •detail.
A poorly drawn or illegible plan is sufficient cause for its re-
jecti.on.
The following data shall be submitted as part of the Preliminary.
Plan submission. (Note : number of copies of required documents,
plans, maps, etc. , will be specified by the Planning Commission
in the Sketch Plan review. Any deviation .from .required scale and
format of plans and marls shall be allowed only upon permission or
requirement of the Planning Commission in the Sketch Plan review. )
(1) Vicinity crap for the proposed subdivision and for a 1/2 mile
perimeter area of proposed subdivision at 1" _- 600' scale
showing:
(a) Perimeter outline of proposed subdivision
(b) Existing streets, highways, •roads, and railroads.
(c) Existing land-use (subdivisions, feedlots, -poultry
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ranches, feed mills, utilities (lines, buildings, ease-
ments) buildings and structures, etc. )
(d) Existing zoning
(e) School district(s)
(f) Plater district(s)
(g) Fire district(s)
(h) Sanitation district(s)
(i) Additional information as specified by the Planning Com-
mission in the: Sketch Plan review.
(j ) North arrow, date
(k) Section, Township, and Range.
(2) Development Plan Maps
(a) Existing Features Map (24" x 36" black-on-white or blue-
on-white prints at a scale of 1" = 100' )
(1) Outer boundary
(2) Existing topographic contours at two (2) foot intervals
for predominant ground slopes within the tract be-
tween level and five percent (5%) grade and five foot
(5' ) contours for predominant ground slopes within
the tract over five percent (5%) grade. Elevations
shall be based on National Geodetic Survey sea level
data. In cases of predominantely level topography
throughout a subdivision, one foot (1' ) interval
contours may be required.
(3) 50, 25 and 10 year floodplains
(4) Streams, creeks, ditches and other water courses
(5) Marshes and areas of areas of high ground water
(6) Underground water tables (include profile showing
annual high water level)
(7) Wooded areas
(8) Existing buildings, easements, telephone lines, gas
lines, power lines, and other features located on
the subdivision and within two hundred (200) feet of
its boundaries.
(9) Other as specified by the Planning Commission in Sketch
Plan review.
(10) North arrow, date
(1.1) N<ema(s) of engineer or designer responsible for pre-
paration or Nap.
(b)) Soils Map (24" r 36" black-one-white or blue-on-white
prints at a scale of 1." = 100' )
(1) Soil type maps and tables of soil tvne interpretations
prepared as part of the Sketch Plan submission, baser}
on the National Cooperative Soils Survey, U.S. Depart-
ment of• Agriculture , Soil Conservation Service, pro-
vided by the Soils Conservation District.
(2) Subsoil characteristics including ,;round water con-
ditions (if required by the Planning Commission in
Sketch Plan review. )
(3) Soil horizons in specified 'nations in the proposed
sehd.l.vis ion (if required by the Planning Co vaiss•ion
in Sketch Plan review. )
(c) Proposed Development t3ap (black ink on transparent mylar
sheet(s) 24" x 36" at l " = 100' scale to be overlayed on
Existing Features Mwe)
(1.) General Requirements
(a) Name of subdivision
(b) North arrow and date
(0) Name(s) and address(es) of subdivider(s) and.
owner(s)
(d) Name(s) and add.re3s(es) of engineer(s) or
designer(s) responsible
(e) Legal description
(f)) Total acreage
(g) Abutting property lines and owners
(2) Proposed lot and street layout, including proposed
future street layout .in dashed line for any portion
or percel of adjacent land not being subdivided now.
(a) Existing street names; names of proposed streets.
(b) Dimensions of all lots to nearest foot which may
be scaled values.
(c) Lot and blocks numbered consecutively.
(d) Area of each lot in sq. ft. if lot size is les:
than one acre and in acres otherwise.
(3) Proposed sites and acreage, to be reserved or dedicated
for parks, p1 1••grourds, schools, or other public
(4) Proposed sites and acreage, if any, for multi-family
dwellings, shopping centers, community facilities,
industry, or other uses, exlusive of single family
dwellings.
(5) Proposed Utility System
(a) Location, size and use of all existing and pro-
posed public and private easements. All uti-
lities must be constructed within approved
easements.
(b) Existing and proposed water mains, fire hydrants,
sewers utility mains (electric, gas, telephone)
or other underground structures within the sub-
division and at least 100 feet immediately ad-
jacent to boundary streets.
(6) Proposed Drainage System
(a) Location of culverts and other proposed drainage
structures to show the method of moving storm
runoff water through the subdivision. Also
show runoff concentrations in acres of drainage
area on each street entering each intersection.
Flow arrows should clearly show the complete
runoff flow pattern at each intersection. For
storm drainage facilities not on or adjacent to
the tract,indicate the direction and distance to,
size and invert elevation or nearest extensions
of such utilities.
5-2 Supporting Documents Required
The following material shall accompany the Preliminary Plan and be
considered a part of the submission:
A. A letter from each special district or utility company involved,
addressed to the Planning; Commission, stating that specific ser-
vices and/or utilities are available and they have reviewed the
plan and are setting forth their comments concerning the extent of
services and the design of utility easements.
B. An affidavit that the applicant is the owner, equitable owner or
authorized by the owner, in writing;, to make application for the
land proposed to be subdivided.
C. Location, function, ownership and manner of maintenance of common
open space not otherwise reserved or dedicated for public use.
D. The substance of all other covenants, grants of easements or re-
strictions to be imposed upon the use of land, buildings, and
structures.
n
E. Three copies of the Sewage Disposal Report when on-lot sewage
treatment is proposed .
F . Geologic maps and investigation reports regarding area suit-
ability for the proposed development .
G . Such additional information as may be required by the Plan-
ning Commission in order to determine that the subdivision
can be constructed without an adverse effect on the surround-
ing area , and by reason of its location or design , will not
cast an undue burden on public utilities and community fac-
ilities .
H . Application for rezoning , if required for the development of
the subdivision .
I . 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 parking spaces , including
those associated with a single - family residential dev-
elopment .
(5 ) Estimated total number of gallons per day of water system
requirements where a distribution system is proposed .
(Ch ) Estimated total number of gallons per day of sewage to
be treated where a central sewage treatment facility is
proposed and the estimated composition of the sewage in
terms of average pounds of 60D per day that will require
treatment .
(7 ) Estimated construction cost and proposed method of fin-
ancing of the streets and related facilities , water dis -
tribution system , sewage collection system, storm drain-
age facilities , and such other utilities and improvements
as may be necessary .
(8) List of all special districts involved .
5-3 Review Procedures - Preliminary Plan
A . Wnen a Preliminary Plan has been officially accepted by the
Planning Commission , it shall be placed on the agenda of the
Planning Commission meeting for subdivision review within
thirty (30) .days .
B . The Planning Commission shall immediately , upon acceptance of
the completed submission , distribute copies of prints of the
plan provided by the subdivider as follows :
( 1 ) To the appropriate school district .
( 2 ) To each city or town within a two (2) mile radius of any
portion of the proposed subdivision .
( 3) To any utility or special district and ditch companies ,
as applicable .
(4 ) To the Soil Conservation District Board (s ) within the
county for explicit reviews and recommendations regard-
ing soil suitability and flooding problems . Such re-
ferral shall be made even though all or part of a pro-
posed subdivision is not located within a conservation
district boundary .
(5 ) When applicable , to the County , District or State Depart-
ment of Health for their review of the on-lot sewage dis-
posal reports , for review of the adequacy of existing or
proposed sewage treatment works to handle the estimated
effluent , and for a report on the water quality of the
, proposed water supply to serve the subdivision .
(6 ) When applicable , to the State Engineer for statement con-
cerning all related water rights , historic use and es-
timated water yield to supply the proposed development ,
including under-ground or surface water rights .
(7 ) To the Colorado Geoloaical Survey for an evaluation of
those geologic factors which would have a significant
impact on the proposed use of the land .
(8) To the Weld County Planning Commission .
C . The agencies named in this section shall be requested to make
recommendations within twenty-four days after the mailing by
the Planning Commission of such plans unless a necessary ex-
tension of not more than thirty days has been consented to by
the subdivider .
D . Review
Notice shall be published once in a local newspaper or posted
in three public areas seven days prior to Planning Commission
review . Adjoining property owners shall be given not less than
twenty ( 20 ) days notice by certified mail . The copy of the
Preliminary Plan filed with the Planning Commission shall be
available for public viewing .
T •
Anyone may submit written statements recommending approval
or denial of the Preliminary Plan , stating the reasons there-
fore , to the Planning Commission on or before the date for
Planning Commission review.
•
5-4 Approval or Denial --_ Preliminary Plan
A . A Preliminary Plan shall be approved by the Planning Commis-
sion unless it finds that the Preliminary Plan fails to meet
the requirements specified herein or that the proposed sub-
division is detrimental to the public health , safety , or gen-
eral welfare as set forth in this section as follows :
( 1 ) Health , Safety , and Welfare
Before approving the Preliminary Plan , the Commission
shall determine that the subdivision :
(a ) Will be served by a public water system and will
not create an unreasonable burden on the existing
crater supply .
( b) Will be served by a public sanitation system or
on-lot sewage disposal system that will not result
in water pollution . In making this latter determin-
ation , the Planning Commission and Board shall con-
sider : 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 adequate-
ly support waste disposal ; the slope of the land and
the effect of effluents ; the presence of streams as
related to effluecA disposal ; the applicable health
and water resources department regulations .
(c ) Will not cause soil erosion or reduction in the cap-
acity of the land to hold ;eater so that a dangerous
or unhealthy condition may result .
(d ) Will not cause air pollution . In making this deter-
mination they shall consider the elevation of land
above sea level ; land topography ; prevailing winds
or the absence thereof ; local and regional airsheds ;
increase in sources or quantity of emission , as well
as quality of such , and such other items as are
deemed pertinent.
(e ) Will not cause unreasonable highway congestion or
unsafe conditions with respect to use of the highway:
existing or proposed ; will not cause unreasonable
burden on the ability cal" a school district to provide
••—• .-.
educational services ; will not place an unreasonable
burden on the ability of the Town 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 , aesthetics , historic
sites or rare and irreplaceable natural areas ; will
not have an undue adverse effect on wild life and
their habitat , on the preservation of agricultural
land and open space .
B . 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
complicance with the elements of the public health , safety , and
general welfare as set forth in Section 5-4-A.
C . Data and Investigations
The Commission and the Board may conduct such investigations ,
examinations , test and site evaluations as they deem necessary
to verify information contained in the application . An appli -
cant shall grant the Commission and/or Board , or their agents ,
' permission to enter upon his land for these purposes .
D . Decision
The Planning Commission shall issue its findings and decision
as to Preliminary Plan approval or denial within 10 days of
the review day.
E . Notification to the Board
Within ten ( 10) days after review of the Preliminary Plan at
a public meeting , the Planning Commission shall send written
notification to the Board of its action . Notification shall
include modification required , if any , to be included in the
Final Plat .
F . Plan Denial and Reapplication
A denial of a Preliminary Plan shall contain in writing the
specific reasons for denial . A subdivider may , within six (6)
months , resubmit his plan application which shall include an
affidavit to the Commission that the deficiencies in the pre-
vious application have been corrected without paying an appli -
cation fee . 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 re-application after six ( 6)
months will require a new application fee.
Appeal
Upon denial by the Planning Commission , the subdivider may
may appeal to the Board within 30 days . The appeal shall be
submitted to the Planning Commission and the Board stating
reasons and facts supporting the appeal . The Board shall
conduct a review to determine whether the decision of the
Planning Commission shall be upheld .
If the decision of the Planning Commission is not upheld by
the Board , the Board shall return the Preliminary Plan to
the Planning Commission for its reconsideration within thirty
( 30) days before taking final action .
SECTION 6: FINAL PLAT
6-1 Submission Requirements
Copies of all required material shall be officially submitted to the Planning
Commission by the subdivider (or his authorized representative). No Final
Plat shall be approved by the Board until the subdivider has complied with
the requirements and submitted the supporting documents as provided herein.
Final Plats shall be submitted for approval within twelve (12) months of the
date a Preliminary Plan has been approved by the Planning Commission. 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 Preliminary Plan approval has been given in excess
of twelve (12) months previous and for which no time extension has been granted
shall be considered as a new Preliminary Plan. The Final Plat shall conform to
the approved Preliminary Plan and shall also contain the requirements of this
Section.
Plat Requirements
(1) The Final Plat submission shall conform in all major respects to the
Preliminary Plan as previously reviewed and approved by the Planning
Commission and shall incorporate all modifications required in its review.
The Board, however, may approve a Final Plat which has been modified to
F 'reflect improvements in design or changes which have occurred in its
natural surroundings and environment since the time of the Preliminary
Plan review and approval.
(2) A Final Plat may be submitted in sections covering representative and
reasonable portions as defined by the Planning Commission of the sub-
division tract. In such cases submission shall include a map, indi-
cating the sections designated for the entire tract, and each sheet
numbered accordingly and include title, legend, matchlines and other
appropriate information.
(3) One (1) copy of application form for review of a Final Plat and all
required supporting documents required in Section 6-2.
(4) Ten (10) black on white or blue on white prints of the Final Plat.
(5) A receipt shall be issued to the subdivider (or his authorized repre-
sentative) for the Final Plat submission when it has been determined
that the submission 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 according to
?"'N .0'6\
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 waterproof tracing
cloth or. .mylar. at a .kale of 1 inch - 100 feet, in the following
ng
size:
twenty-four (2!f) inches high by thirty-six (36 inches wide
(3) The bearings, distances and curve data of all perimeter boundary
lines shall be indicated outside the boundary line, not inside,
with the lot dimensions. When the plat is bounded by an irregular
.shore lire or a body of water, the bearings and distances of a. closing
meander traverse should be given and a notation made that the plat
include: 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.
(6) On curved boundaries and all curves on the plat, sufficient data
shall be given to enable the reestablishment 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
(d) arc length
(e) notation of non--tangent curves
(7) Excepted parcels shall be marked "Not included in. this subdivision"
and the boundary completely indicated by bearings and distances.
(8) All streets, walkways and alleys shall be designated as such and
streets shall be named; bearings and dimensions must be given.
(9) All easements shall be designated as such and bearings and dimensions
given.
(10) All 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) All 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 lot lines where
the bearings and lengths are the same as those of both end lot lines,
r-.
(13) 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 acknowledgement.
(14) Lengths shall be shown to hundredths of a foot, and angles and
bearings shall be sham to seconds of arc.
(15) The information on the plat shall include:
(a) Name of subdivision, astronomic north arrow and basis thereof,
and date.
(b) Name and address of owner or owners of record.
(c) Total acreage of subdivision and total number of lots.
(d) Township, Range, Section (and Quarter Section if portion of
a Section) , principal meridian, block and lot numbers.
(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 Survey 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, marking, and setting
are provided by the Town in a separate document.
D Survey Certification
The surveyor making a plat shall certify on the plat that it conforms to
these regulations and to all applicable state laws and that the monuments
described in it have been placed as described. He shall affix 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 following documents:
A Drawings showing layout, profile, computations and detail design of the
following:
(1) All utility easements, for water, sewer, electric, gas, telephone,
etc. as applicable.
(2) Plan, profile and typical cross section drawings of streets, bridges,
culverts, and other drainage structures.
(3) Grading and drainage plan indicated by solid line contours superimposed
on dashed line contours of existing topography for the area of the
e*N /'N
Final Plat. Such contours shall be at two (2) foot intervals for
predominant ground slopes within the tract between level and five
percent (a%) grade and five (5) .foot contours for predominant
. ground slopes within the tract over five percent (5%) grade. In
ca5 a of predominantly level topography throughout a subdivision,
one foot contour. intervals may be required.
(4) Erosion control plan when required, .to be submitted as a result of
Preliminary Plan review.
(5) Two sets each of the (a) pavement design computations, and drainage
design commutations.
These drawings and computations shall be prepared by either a regis-
tered professional en ineer or registered lend 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 conforw_arco with the Engi-
neering Criteria as provided by the Town under separate cover.
The above engineering material shall be submitted to the Planning
Commission for adequately checking the engineering data at least ten
(10) working days prior to the Final Plat being considered by the
Planning Commission.
P, A copy of a certificate of title issued by a title insurance eompany'or an
attorney's opinion of the title which shall set forth the names of all
owners of property :included in the Final Plat and shall include a list of .
all mortgages, judgments, liens, easements, contracts and agreements of
record in Weld County, which shall affect the property covered by such
plats. If the opinion 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 application 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-gray of a new subdivision, proof of the dedication of the ex-
isting easement or right-of-way acceptable to the Planning Commission must
be submitted.
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 providing for public water supply when water is to
be furnished by a public water supply agency.
F Where off-site sewage disposal is required, a copy of a contract providing:
for the furnishing of adequate sewage treatment by a public sewage treat-
ment agency.
G When a new street will intersect with a .state highway, a copy of the state
highway permit.
H Statements from gas, electric, telephone and °tiler necessary utilities ₹.h
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 Improvement Agreement as provided in
Section 1D.
K Summary Statement of Proposal with the following information:
(1) Total development area.
(2) Total number of proposed dwelling units.
(3) Total number of square feet of nonresidential floor space.
(4) Total number o£ off-street parking spaces, excluding those
associated with single family residential 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 and the estimated
pounds per day of BOD content o£ sewage to be treated where
a central sewage treatment facility is proposed, or general
disposal means and suitability where no sewage treatment
facility is proposed.
(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 to approval of the
Final Plat, the cost estimates included in this statement shall
be identical to those included in the improvement agreement.
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 entire tract
included in the plat and for each block in said tract.
Di Certifications on the Final Plat
The Final Plat shall contain the following certificates:
(1) Certificate of Dedication and Ownership.
Know all men by these presents that being the
Owner(s) , Mortgagee or Lienholder of certain lands in ,
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.
Executed this day of A.D. 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 Nand and Seal
•
(2) Surveying Certificate
I, • , A Registered Professional Land
Surveyor in the State of Colorado, do hereby certify that
the survey represented by this plat was made under my super-
vision and the monuments shown thereon actually exist and
this plat accurately represents said survey.
by
Registered Land Surveyor
(3) Planning Commission Certificate
This plat approved by the Planning Com-
mission this day of A.P. 19
Chairman '
(4) Certificate of Approval by the Board of Trustees
Approved by the Board of Trustees of ,
Colorado, this day of A.D. 19
Mayor
Attest:
•
.Town Clerk
(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
0 Accessory Documents:
("1) A title certificate or an abstract of title covering all public
dedications.
(2.) Certificates from the County Treasurer shoaling no delinquent taxes.
(3) A Warranty Deed which deeds to the Town all lands other than streets
which are all to be held for or used for public purposes.
(4) Certificate from licensed professional engineer responsible for the
design of the utilities.
6-3 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 thirty (30)
days or another mutually agreed upon period of time.
B Planning Commission Review
(1) The Planning Commission shall review the Final Plat at a regularly
scheduled public meeting. The Planning Commission may require or
recommend changes or modifications to the Final Plat in the public
interest. 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 (10) days after review of the Final Plat at a 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 trans-
mitted to the subdivider. .
(3) The only basis for rejection of a final plat shall be its non-con-
formance to adopted rules, regulations and ordinances currently in
force and affecting the land and its development in the Town, its
lack of conformance with approved Preliminary Plan, and changes re-
quired in the public interest.
C Board Hearing
The Board shall hold a hearing on the Final Plat within thirty (30)
days of receipt of transmittal from the Planning Commission at a regu-
larly scheduled public meeting. The Board shall also consider the modi-
fications recommended by the Planning Commission. If the 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 Planning Commission with an adequate
number of copies of the certified plat, together with the official noti-
fication of the action to be distributed by the Planning Commission as
follows:
(1) One copy to Planning Commission files
(2) One copy to Board files
/1",
•
(3) One copy to Subdivider
(4) One copy to Engineer and/or Surveyor of the subdivision
(5) One copy to Colorado Land Use Commission together with supporting;
materials submitted pursuant to Section 6-?
(6) One copy each to Utility Companies serving the Subdivision •
E Recording Final Plat
(1) The Planning Commission shall record the Final Plat with the County
Clerk and Recorder within five (5) working days of approval of the
Final Plat by the Hoard.
(2) The County Clerk and Recorder shell furnish the subdivider with a
.receipt for the Final Plat upon filing of the Final Plat.
•
6-4 Resubdivision Procedure
. A Resubdi vision of land or changes to_a recorded plat shall be considered
a subdivision and it shall comply with these regulations with the
following; exceptions:
(1) Lot lines may be revised from those shown on the recorded 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 .regu-
lations or ordinances;
(b) Drainage easements or rights--of-way reserved for drainage
shall not be changed, unless supported by complete engi-
neering data;
(c) 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 be submitted to the Planning
Commission and the Board for their review.
C Where the resubdivision complies with the appropriate requirements of
these regulations, a Plat indicating the resutdiv-i.si.on shall be submitted
to the Planning Commission 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 pre-
• viously recorded plat.
6-5 Numbering System •
A The Planning Department shall maintain an adequate numbered 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 use and examination.
SECTION 7 CONFORMANCE WITH EXISTING LAWS
7-1 General
Land shall be subdivided in conformance with the Comprehen-
sive Plan , Zoning Ordinance , and other ordinances and regu-
lations in effect . In all cases the Planning Commission and
Board shall consider the criteria in SECTION 8 . These crit-
eria shall also apply to subdividers utilizing the Planned
Unit Development section of the Town Zoning Ordinance ( see
Section 118) .
SECTION H DESIGN STANDARDS
No Final Plat shall be approved by the Board unless it com-
plies with the following standards and the Engineering Crit-
eria provided under separate cover .
8--1 General Standards
A . The design and development of subdivisions shall preserve ,
insofar as it is possible , the natural terrain , natural
drainage , existing topsoil , and trees .
B . Land subject to hazardous conditions such as land slides , mud
flows , rock falls , snow drifts , possible mine subsidence ,
shallow water table , open quarries , floods , and polluted or
nonpotable water supply shall be identified and shall not Ile
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 desirable natural
landscape features .
D. A proposed subdivision shall be designed in such mannen as to
be coordinated with adjoining subdivisions with respect to
the alignment of street rights-of-way and utility and drainage
easements and • open spaces .
E. A proposed subdivision shall not , by reason of its location
or design , cast an undue burden on public utility systems and
community facilities on or adjacent to the tract. Where ex-
tension and enlargement of public utility systems and com-
munity facilities are necessary , the subdivider shall make
provision to off-set higher net public cost or earlier incur-
sion of public cost necessitated by the subdivision. Due con-
sideration shall be given to difference between anticipated
public costs of installation , operation and maintenance and
anticipated public revenue derived from the fully developed
subdivision in determining added net public cost .
S-2 Streets
A . Street Requirements
(1 ) Street Plan . The arrangement , extent, width , type and
location of all streets shall be designed in relation to
existing or planned streets , to topographic conditions ,
to public convenience and safety , and in relation to the
proposed use of land to be served . 'Streets shall be ex-
tended to the boundaries of the property, except where
such extension is prevented by topography or other physi-
cal conditions ; or where the connection of streets with
existing or probably future streets is deemed unnecessary
for the advantageous development of adjacent Properties .
All building sites shall have access to a pablic street.
^
( 2 ) Through Traffic . Local streets shall be arranged so that
their use by through-traffic will be discouraged .
( 3) Stub Streets . Stub streets or extension of new streets
must be provided to connect to existing stub streets for
an efficient street system. Not more than six (6 ) lots
shall front on a stub street except where a temporary
turn-around is provided .
(4 ) Intersections . Freeways and arterial streets shall not
be 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 following
minimum right-of-way widths :
(a ) Freeways--two hundred and fifty (250) feet .
(b) Major arterials --one hundred and forty (140) feet.
(c ) Minor arterials--one hundred ( 100) feet.
(d ) Collector street--eight (80) feet .
(e ) Local street and service road--sixty ( 60) feet.
(Collectors , minor and major arterials , and free-
ways shall be designated on the Comprehensive Plan . )
(6 ) Roadway Width . Streets shall have the following road-
way 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 provided .
(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 Town a dedication
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
Town which guarantees the cost of the improvements
and construction of the same on the half street
within a time suitable to the Town ; and
(d ) The subdivider guarantees the construction of the
improvements on the half street which he is dedi -
cating .
(8) Dead-end Streets . (not cul -de-sacs ) . Dead-end streets
shall not be permitted .
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(9 ) Cul -de-sac Streets . Permanent cul -de-sac streets serving
no more than twenty (?0) lots may be permitted 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 he fifty--five ( 55) feet or
more .
( 10 ) Plumber of Streets at Intersection . No more than two
streets shall intersect at one paint.
(11 ) Angle of Street Intersections . Streets shall intersect
at ninety C901 depress , excen t where this may be impract -
ical . Angles of loss than ninety ( 90) degrees may be
designed , subject to the approval of the Planning Commis-
sion .
( 12 ) Centerlines of Intersection Streets . Two streets meet-
ing 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 .
B . Street Names . Streets shall have the names of existing streets
which are in alignment in the Town or in Meld County . There
shall be no duplication of street names within the area .
' C . Curvature and Alignment
(1 ) Horizontal Curves . To ensure adequate sight distances ,
when street roadway lines deflect more than five ( 5) de-
grees , connection shall be made by horizontal curves .
The minimum centerlines radii for local etreets shall be
one hundred ( 100) feet ; 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 one hundred
( 100) feet shall be required between reverse curves .
Cross streets which cannot be directly aligned at inter-
sections shall be separated by a horizontal off-set of
not less than 125 feet between centerlines provided that
this requirement shall not apply to the alignment of
short , opposing closed-end streets .
(2) 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 verticr grade shall be less than,i, 2% in order to
facilitat adequate drainage .
Maximum percent of street grade , except as provided
below :
Local streets 8%
Collector streets 7%
Arterial streets 5%
(a) Where a horizontal curve occurs on a grade of over
five percent , the maximum allowable percent 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 distance
extending at least forty feet in each direction
from a street intersetion .
D . 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 arterial provided in
the Comprehensive Plan may be required to provide service roads
at least forty-four (44) feet in width .
Where a subdivision borders a railroad right-of-way , freeway,
arterial or collector street , a landscaped buffer area of not
less than twenty ( 20 ) feet shall be provided for adequate re-
duction of noise pollution .
E. Roadbed Construction Standards for Paved Roadways
Roadbed construction shall be constructed in accordance with
standards provided by the Town under separate cover.
8-3 Sidewalks , Curbs , and Gutters
All streets shall be provided with concrete curb and gutter
for the pavement edging . Sidewalks shall be provided where
required by the Town on both sides of all streets , not less
than four (4 ) feet in width . Sidewalks , curbs and gutters
shall be constructed according to standards as provided by
the Town under separate cover .
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B-4 Block Standards and Walks
A . Block Standards
The lengths , widths and shapes of blocks shall be determined
with due regard to the following :
(1 ) Provision of adequate building sites suitable to the
special needs of the type of use contemplated .
(2) Reouirements of the zoning ordinance as to lot sizes
and dimensions .
(3) Needs for convenient access and control and safety of
vehicular and pedestrian traffic circulation , and
emergency vehicles .
(4 ) Limitations and opportunities of topography.
(5 ) Maximum block length between intersecting streets shall
be 1 ,500 feet .
B . Pedestrian Walks
Where blocks exceed one thousand (1000) feet in length ,
pedestrian rights-of-way of not less than ten (10) feet in
width shall be provided through blocks inhere needed for ade-
quate pedestrian circulation . Improved walks of not less than
four (4) feet in width shall be placed within the pedestrian
rights-of-way .
8-5 Lot Size Standards
A . Lot size , width , depth shape and orientation and minimum build-
ing setback lines shall be appropriate for the location of the
subdivision and for the type of development and use contemplat-
ed , and shall facilitate the placement of buildings with suf-
ficient access , outdoor space , privacy 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 com-
mercial and industrial purposes shall he adequate to 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 be divided by a municipal or county
boundary line .
(2) A lot shall not be divided by a road , alley or other lot .
(3) Each lot shall be provided with satisfactory access to
an existing public street.
(4) Corner lots for residential use shall have extra width
to accomodate the required building setback line on
both street frontages .
( 5) Wedge--shaped lots . In the case of wedge-shaped lots , no
lot shall be iess•'than thirty ( 30) feet in width at the
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front property lines .
( 6) Lot lines . Side lot lines shall be at substantially
right angles and radial to curved streets . Where lot
lines arenot 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 essen-
tial to provide separation of residential properties
from arterial streets or adjacent commercial uses .
(8 ) A planting screen easement , across which there shall be
no right of access , shall be provided along the property
line of lots abutting an arterial street. A statement
dissolving right of access from individual lots to the
arterial street shall be included with the Final Plat .
8-6 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 easement. Peri -
meter easements shall not be less than fifteen (15) feet in
width extending throughout the peripheral area of the develop-
ment .
Easements shall be designed so as to provide efficient instal -
lation 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 , minimize trenching and adequately
separate incompatible systems .
The developer shall establish rough-cut final utility grades
prior to utility installations . ( For drainage easement re-
quirements 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 indicat-
ed in the plats and be paved .
8-8 Driveways
Driveways shall be provided for vehicular access to each struct-
ure or parking or loading area . Driveways shall not bP per-
mitted to have direct access to Major and Miror Arterial Streets .
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8--9 Sanitary Sewage Disposal
A . General Requirements
In all new subdivisions , all lots , or parcels which cannot be
connected to a public or community sanitary sewage system
shall be provided with an on-lot sewage disposal system prior
to the occupancy of, or use of buildings constructed thereon .
In order to determine the adequacy 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 sub-
mitted along with the results of percolation tests . The
results of these data will be reviewed by the Planning Com-
mission and by the State Health Department to determine the
general suitability of the soil for on-lot disposal systems .
( 1 ) Lands made , altered , or filled with non-earth materials
within the last ten (10) years shall not be divided into
building sites which are to be served by soil absorntion
waste disposal systems .
( 2) Each lot shall have fifty percent (50") of its minimum
required lot area or twenty thousand (20 ,000) square
feet , which ever is less , in slopes of less than fifteen
( 15 ) percent .
(3) Each subdivided lot to be served by an on-site soil ab-
sorption sewage disposal system shall contain an adequate
site for such system. An adequate site requires a min-
imum 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 around to the
ground water surface ( based on annual height water level ) .
Each site must also be 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 divded into building sites
to be served by soil absorption sewage disposal systems .
( 5) Land rated as having severe limitations for septic tank
absorption fields as defined herein or by the U . S . Depart-
ment of Agriculture , Soils Conservation Service , shall not
be divided into building sites to be serviced by soil ab-
sorption sewage disposal systems unless such building sites
contain not less than two and one- half acres .
(6 ) An applicant desiring to install soil absorption sewage
disposal facilities on the soils having severe limitations ,
as determined in the preliminary plan review, shall : have
additional on-site investigations made , including_ perco-
lation tests ; obtain the certification of a soils scientist
r-� ,^
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 pro-
posed corrective measures have overcome the severe soil
limitations .
(7 ) Other applicable standards adopted by the State Water Pol -
lution Control Commission and the County or District
Health Department .
An applicant desiring to install soil absorption sewage dis-
posal facilities on soils having severe limitations shall have
an opportunity to present evidence contesting such classifi -
cation and analysis if he so desires . Thereafter 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 sub-
division area within a reasonable time , the Town may require
the installation and capping of sanitary sewer mains and house
connections in addition to the installation of temporary indiv-
idual on-lot sanitary disposal systems . An agreement with the
State Health Department shall be required which stipulates that
the subdivider and/or lot owner shall connect to said sewer with-
in three (3) months after it is available . The design and super-
vision of installation of all capped sewers , laterals , and house
connections must be approved by the Weld County Health Depart-
ment . 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 sewage disposal facilities be installed by the purchaser
of said lot at the time that the principal building is construct-
ed . 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 sewer mains shall be installed in
easements and/or dedicated rights-of-ways .
C . Test Procedures
Test procedures shall be conducted in accordance with U . S .
Public Health Service Publications Number 526 , 1963 Edition ,
and other County Health Department requirements .
8-10 Water Supply
Water supply systems shall be provided consistent with the
standards of the requirements of these regulations .
Water Distribution Systems
All lots shall be connected to the Town water system , through
a municipality , a water district , or water company for the
future use of the subdivision .
The water distribution system of the subdivision shall contain
mains of sufficient size and having a sufficient number of out-
lets to furnish an adequate water supply for each lot or parcel
in the subdivision and to provide adequate fire protection .
The minimum size of water mains shall be six ( 6) inches , u►;less
specifically excepted by the Board . Fire hydrants shall be
spaced no more than 1000 feet apart . All water mains shall be
installed in dedicated streets , alleys , or easements .
8-11 Storm Drainage and Flood Plains
A . General
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 wherever any modification of topo-
graphy 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 , licensed 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 design 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 sec-
tion and appropriate development stages for the drainage system
for each section shall be indicated .
Where a subdivision is traversed by a water• course , drainageway
or stream, there shall be provided a perpetual drainage ease-
ment conforming substantially with the lines of such watercourse ,
and of such width as necessary and adequate to carry off the
predi catab1 e volume of storm grater drainage from a twenty--five
(25) year frequency storm as determined by the standard method
for calculations used by the Corps of Engineers .
B . Design of Drainage Systems
The drainage system shall be designed to consider the drainage
basin as a whole and shall accomodate not only runoff from the
subdivision area but also , where applicable, 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.
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Draa-na-ge—a_ae_as wherever possible shall be left in a -natura-fi
Multiple use of drainage and park facilities as , for example ,
through retention ponds , is encouraged .
The following requirements will be needed to complete the street
and drainage analysis .
( 1 ) A general location map for the subdivision showing the en-
tire 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 area.: draining into the subdivi -
sion on this map and show areas in acres in a corner
of the map .
(2) A topography (contour) map of the subdivision showing
lots , blocks , streets and any unusual features of filled
areas .
( 3 ) A preliminary layout map showing the method of moving
storm sewer water through the subdivision will be needed .
This map should also show runoff concentrations in acres
of drainage area on each street entering each intersection .
(This may be combined with the topographic map) . Flow
arrows should clearly 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 leaves 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 subdivision .
(7 ) Quantities of flow at each pickup point.
(8) Location , size and grades of required culverts , drain in-
lets and storm drainage sewers .
(9) When no-joint pipe is installed , it shall be installed in
accordance with ASTM Designation C477-61T .
( 10 ) The rainfall frequency rate used in determining the flow
of storm water shall be based on the following :
The current hydrology computations method as used by the
U . S . D .A . Soil Conservation Service offices , or the gen-
erally accepted Rational Formula and tabulation as used
to calculate individual drainage areas , time of flow , and
ultimate quantities at each collection point . (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 sidewalk .
(b ) A fifty (50 ) year frequency storm may be carried
within the natural watercourse and the dedicated
right-of-way .
(c ) In the event a quantity of water , in excess of these
limits is calculated to exist , a storm system ►�i11
be provided either in the form of an underground
system or a formal drainage way to prevent exces-
sive pondinq .
(d ) In general , culvert sizes shall be sufficient to
accommodate the flow computed with no head at the
inlet and no less than the equivalent of an eighteen
(18) inch diameter pipe. The veolcity of flow in
an unlined ditch shall be compatible with the soil
erosions characteristics or tine treatment to be af-
forded the ditch .
(e ) The quantity and velocity of flow in streets 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 drainage
way which is approved by the Planning Commission for
surface drainage , provision shall be made for the
dedication to the public adequate rights -of-way for
access and maintenance .
C. Acquifers
Any use of land which would pollute or contaminate an acquifer
is prohibited . These uses includes but are not limited to san-
itary landfills , septic tanks and on-site sewage disposal systems .
The following regulations apply to development over acquifers
that are within twenty ( 20 ) feet of the land surface and in the
areas of acquifer recharge :
( 1 ) Construction of buildings shall not be permitted unless
approved by the State Health Department and the Colorado
Geological Survey .
(2 ) Building construction shall have foundations designed by
a professional engineer .
D . Flood Plains
The following regulations apply to development in designated
flood plains :
( 1 ) Construction of buildings shall not be permitted in a
designated floodway with a return frequency more often
than a 100 year flood .
(2 ) Building construction may occur in that portion of the
designated floodway where the return frequency is between
a 100 year flood and a maximum probably flood provided all
useable floor space is constructed above the designated
maximum probable flood level .
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(3 ) Any use of land is prohibited where flooding would create
a public health problem. This includes shallow wells , un-
cased 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 .
(4 ) Trailer parks , mobile homes and similar uses shall not be
permitted in any designated floodway .
(5) Any contemplated flood plain encroachment or channelling
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 encroachment .
(6 ) 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 elevation at least two ( 2)
feet above the elevation of the one hundred (100) year
recurrence interval flood or , where such data is not avail -
able , five (5) feet above the elevation of the maximum
flood or record .
8-12 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 encroachment
and may be fenced in a manner acceptable to the ditch company.
8-13 Abandoned Mines
Building construction proposed in areas of abandoned mines
shall be approved by a professional engineer .
8-14 Subdividing or Planning All of Parcel
Where an entire parcel is not subdivided , the subdivider must
indicate his intended plans for disposition of the remainder
of the parcel .
8-15 Public Sites , Parks and Open Spaces
A . Dedication
( 1 ) Dedication of land , free of all liens and encumbrances ,
for park and recreation areas shall be required in each
new subdivision or other designation of the Town . The
subdivider shall allocate and convey no less than 10% of
the gross land area , exclusive of street , alleys and util -
ity easements , of the proposed subdivision for such public
purposes . Specific sites to be dedicated for parks shall
be subject to approval by the Planning Commission and Town
Board upon consultation with appropriate public agencies
having jurisdiction .
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( 2 ) At the option of the Town , the subdivider shall in lieu
of such conveyance of land pay to the Town in cash an
amount equal to the value of 10% of the gross land area
before subdivision . The equivalent cash valuation , when
acceptable , shall be based upon an appriasal by a com-
petent , independent appraiser selected by the Town and
the subdivider . The proceeds of any equivalent cash pay-
ment shall be placed in a separate Town account and shall
be used only for the acquisition and improvement of land
for public park and recreation areas .
(3 ) At the further option of the Town , the subdivider shall
in lieu of such conveyance of land or payment of equiva-
lent in cost , shall pay a park fee as specified in Section 3--5 .
B . Reservation
(1 ) Reservation by covenant , in lieu of dedication , may be
permitted in some cases such as a Planned Unit Development
where land is to be used for recreational or amenity pur-
poses by the property owners .
(2 ) Reservation of land within a subdivision may be required
for the duration of the Preliminary Plan approval in order
to afford the appropriate public agency the opportunity to
coordinate its acquisition of public land with the devel -
opment of the subdivision . An agreement shall be entered
into between the subdivider and the public agency regarding
the timing and method of acquisition.
8-16 Fire Safety Requirement
A. All subdivisions shall be required to provide minimum fire
protection .
( 1 ) Fire hydrants shall be spaced no mere than 1000 feet
apart .
(2 ) Minimum water line size shall be 6 inches within all
subdivisions .
(3 ) Fire hydrants that have two and one-half (2 ) inch out-
lets shall have the National Standard Thread . Four and
one-half (41/2) inch or six (6) inch steamers shall have
threads known as D-522 , six (6 ) thread per inch .
(4 ) Minimum residual pressure of 20 to 30 psi at the fire
hydrant will be considered to provide minimum fire pro-
tection .
(5 ) Fire hydrants shall be located on dedicated street rights-
of-way and be accessible to the standard fire pumper .
8-17 Underground Electric Power and Telephone Distribution Systems
Electric power and telephone connections and wire shall be
placed below the surface of the ground in raceways and conduits .
•
Transformers , switching bases , terminal boxes , meters ,
cabinets , pedestal ducts and other facilities necessarily
appurtenant to such underground connections shall not be
located on power poles , but shall be placed on or under
the surface of the ground , and where placed on the sur-
face shall he adequately screened and fenced as necessary
for safety and concealment .
Electrical transmission and distribution feeder lines and
communication trunk and feeder lines may be placed above
ground .
8-18 Street Lights
Ornamental street lighting and associated underground street
lighting supply circuits shall be installed . The minimum
requirement shall be 7 ,000 lumen lamps at a maximum spacing
of 400 feet . The street lighting plan specifying the number ,
kind , and approximate location of street lights must be in-
cluded on the Final Plat.
8-19 Street Trees
One street tree of one and one-half inch caliper shall be
provided for each lot of 70 foot frontage or less and at
least two trees for every lot in excess of 70 foot frontage .
For corner lots , at least one tree shall be required for
each street . The trees shall be located so as not to inter-
fere with sight distance at driveways . The Planning Commis-
sion shall furnish a list of acceptable trees .
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SECTION 9: UTILITIES AND IMPROVEMENTS
9-1 General Requirements
A The following improvements shall be constructed at the expense of the
subdivider as stipulated in the Subdivision Improvement Agreement in a
manner approved by the Board which is consistent with sound construction
and local practice. Where specific requirements are spelled out in
other sections of these regulations, they shall apply: •
(1) Road grading and surfacing;
(2) Curbs, gutters, and driveways;
(3) Sidewalks;
(4) Sanitary snwer laterals;
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(5) Storm sewers or storm drainage system as required;
(6) Water distribution system;
(7) Street signs at all street intersections;
(8) Permanent reference monuments and mopument boxes;
(9) Street lighting;
•
(10) Street trees;
(11) Underground electric and communication utility lines and services,
and all street lighting circuits;
(1?) Other facilities as may be specified or required in these- regu-
lations by the Planning Commission.
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SECTION 10: IMPROVEMENTS AGREEM,IT
10-1 Contract
No Final Plat shall be approved by the Board until the subdivider has
submitted a Subdivision Improvement Agreement or a contract approved
by the Board agreeing to construct the required improvements as shown
in plans, plats and supporting documents.
10-2 Improvements Guarantee
Suitable collateral, in an amount stipulated in the subdivision improve-
ment agreement, shall accompany the Final Plat submission to ensure the
completion of the improvements 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 noncompli-
ance and propose schedules for correcting the noncompliance. If the Board
determines that the subdividers will not construct any or all of the im-
provements in accordance with all o£ 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.
10-3 Release o£ Guarantee
From time to time as the required improvements in a subdivision are com-
pleted, the subdivider may apply in writing 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 com-
pleted. If the Board determines from such inspection that the improvements
thus far completed have been made in accordance with the Final Plat and
the requirements of these regulations, a portion of the bond, credit de-
posit letter, certified check, or other collateral sufficient to cover
the cost of the improvements thus far completed shall be released.
SECTION 11: VARIANCES
A Hardship
(1) Procedure
Application for variances or modifications of these regulations
shall be submitted to the Planning Commission. Such. application
shall include a statement setting forth the nature and extent of
the requested variance, or modification together with evidence
supporting need for .such variance.
(2_) Criteria for Grant of Variances or t•Iodif'ications
Where the Planning Commission and the Torn Board find that extra-
ordinary hardship; may result from strict compliance with these
r'egnlati.ons, they mny vary the reg lati.ono. so that „ubntantial
justice may be done and the public interest secured, provided that
such variance is based on a finding that unusual topography or
other exceptional conditions not caused by the Subdivider make
such variance necessary; and that the granting thereof will not
have the effect of nullifying the intent and purpose of these .regu-
lations.
(3) Condition„
In granting variances and modifications, the Planning Commission
and the Town Board may •require such conditions as will, in their
judgment, secure substantially the objectives of the requirements
and standards so varied or modified.
B Planned Unit Development
The regulations contained in this resolution may be modified by the
Planning Commission and the Board in the case of Planned Unit Development,
if such modification is in the best interest of the Town.
(1) The purpose of the P. U. D. Plan is to encourage flexibility and
• variety in land development, a more etfi.cient. a.11ocati.or. and main-
tenance 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 proportionate undivided in-
terest in the common area in perpetuity with a deed restriction
against future residential, commercial or industrial develop-
ment.
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(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.
(4) The procedure for preparing, processing and
Unit Development shall be presenting a Planned
division of landin the Ordinance exceptthere dshallor abe noll
partial submission of a Final Plat.
(5) Unified ownership of the site shall be required for Planned Unit
Development.
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SECTION 1?: VIOLATIONS AND PENALTIES
A Whoever, being the owner or agent of the owner of any land located
within a subdivision, transfers or sells or agrees to sell or negotiates.
to sell any land by reference to or exhibition of or by use of a plat
of a subdivision, before such plat has been approved by the Planning
Commission and recorded or filed in the office o£ the'Weld County Clerk
and Recorder, shall forfeit and pay a penalty of one hundred dollars
for each lot or parcel so transferred or sold or agreed or negotiated
to be sold. The description of such lot or parcel by metes and bounds
in the instrument of transfer or other document used in the process of
selling or transferring shall not exempt the transaction from such
penalties or from remedies provided in this section.
B The Board may enjoin such transfer or sale or agreement by action, for
injunction brought in any court of equity jurisdiction or may recover
the penalty by civil action in any court of competent jurisdiction.
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SECTION 13: ADMINISTRATIVE PROVISIONS
A Interpretation
On the interpretation and application of the provisions of this
Ordinance, the following shall govern:
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(1) The provisions herein contained shall be regarded as minimum
requirements for the protection of the public health, safety
and welfare.
(2) Whenever a provision of this Ordinance and any provision in any
other law of the Town cover the same subject matter, whichever
is the most restrictive or imposes the higher standard or re-
quirement shall govern.
(3) Any part of any ordinance which is in conflict herewith is
hereby repealed.
B Validity
Should any section, clause, sentence or part of this Ordinance be ad-
judged by any court of competent jurisdiction to be unconstitutional
and/or invalid, the same shall not affect the validity of the Ordinance
as a whole or part thereof, other than the part so declared to be un-
constitutional or invalid.
C Amendment
The within Ordinance may be amended by the Town Board from time to time
in accordance with the provisions of law.
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SECTION 14: WHEN laTECTIVE
. A The Board find: that provisions contained within this Ordinance such as
those for reservation, dedication, flood control aril others must be ap-
plied to land to be developed as soon as possible as they are of great
benefit to and protect the health, safety and welfare o£ the public
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generally as well as those people who will occupy the areas when developed.
Therefore, on the basis of the facts above set forth, the Board•is of the
opinion an emergency exists and that the within provisions are immediately •
necessary for the protection of the public health, safety, and welfare;
the within provision shall be in full force and effect from and after
five (5) days from the date of passage, approval and .publication (or
posting).
PASSED AND ADOPTED, SIGNED AND APPROVED AND ORDERED PUBLISHED (OP POSTED) ,
this day of A.D. 19
Mayor
Attest:
•Town Clerk
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