This chapter establishes minimum standards for the design and improvement of land subdivision to ensure that each building site can accommodate a structure for the intended use of land, is adequately served by public improvements, and protects sensitive lands from the impacts of development within that subdivision. It also establishes standards for the development of previously and legally subdivided land that may not have adequate public facilities needed to support new development where the proposal does not include the subdivision of land but does require the installation of public facilities for new development within the City.

A.

Notice requirements.

1.

Cost of notice. All costs associated with published and written notice, as required by this UDC, shall be the responsibility of the applicant.

2.

Notice content. All notices required under this UDC shall include the following content:

a.

The date, time, and place of the scheduled public hearing,

b.

A description of the property involved in the application by street address if one exists,

c.

A description of the nature, scope, and purpose of the application,

d.

The location and source of additional information on the application, and

e.

Other information as deemed necessary by the Zoning Administrator.

3.

Notice methods.

a.

Published notice. When published notice is required, as detailed in Table 17.09.020(C)(4), the Zoning Administrator shall ensure that notice is published on the City's website at least fifteen (15) days and no more than thirty (30) days before the date of the scheduled public hearing.

b.

Written notice. When written notice is required, as detailed in Table 17.09.020(C)(4), the Zoning Administrator shall provide notice by first class mail to all owners of record of the subject property and all owners of record within three hundred (300) feet of the boundaries of the subject property. The notice shall be deposited in the U.S. mail by the Zoning Administrator at least fifteen (15) days and no more than thirty (30) days before the scheduled public hearing. Ownership information shall be obtained from the records of the Fremont County Assessor.

c.

Posted notice. When posted notice is required, as detailed in Table 17.09.020(C)(4), the Zoning Administrator shall post a sign on the subject property along the fronting street. If the subject property fronts two (2) or more streets, signs shall be posted along each frontage. The notice shall be posted by the Zoning Administrator at least fifteen (15) days and no more than thirty (30) days before the scheduled public hearing.

4.

Notice methods by major subdivision application type.

Table 17.09.020(C)(4) Notice Methods by Major Subdivision Application Type

B.

Development agreements.

1.

Applicability.

a.

Subdivision owners. All owners granted subdivision approval, shall construct or install all public and other required improvements and infrastructure as called for in this UDC and or as may have been specified as a condition of approval in a timely, complete, and satisfactory manner. All improvements and infrastructure intended for public use shall be dedicated and/or transferred to the City or other public entities free of all liens and encumbrances.

b.

Governmental units. Governmental units to which these contract and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agencies authorized to act on their behalf, agreeing to comply with the provisions of this UDC.

2.

Development agreement and guarantee requirement. No final plat shall be executed by the City and no building permits shall be processed or issued for any lot or property within a subdivision involving or requiring the installation of public or other subdivision improvements absent the preparation and execution of a written development agreement provided by the City which shall be recorded simultaneously with the final plat.

3.

Contents of agreement. Such agreement shall, at a minimum, set forth:

a.

Construction specifications for required public improvements,

b.

A construction and completion schedule,

c.

Provisions for security and guarantees concerning the timely and satisfactory completion of the improvements, and

d.

The terms and conditions for the acceptance of the improvements by the City.

4.

Warranty and maintenance. The development agreement shall also include a requirement that all improvements be warranted and maintained by the owner at the cost of the owner until such improvements have been fully accepted by the City.

5.

Agreement to run with the land. A development agreement shall run with the land and bind all successors, heirs, and assignees of the owner.

6.

Security. Development agreements shall include a requirement for the posting of adequate financial security to insure the timely, complete, and satisfactory construction or installation of all public improvements and infrastructure as called for in the agreement.

a.

Amount of security. Security shall be in an amount not less than one hundred fifteen (115) percent of the estimated cost of completion of all improvements or infrastructure and may be provided by letter of credit, cash escrow, or other financial instrument as approved by the City within its sole discretion.

b.

Letter of credit. If an owner posts a letter of credit as security, it shall:

I.

Be irrevocable,

II.

Be for a term, inclusive of renewals, sufficient to cover the completion, maintenance and warranty periods as required below, and

III.

Require only that the City present the letter of credit with a demand and an affidavit signed by the City Administrator attesting to the City's right to draw funds under the letter of credit.

c.

Cash escrow. If an owner posts a cash escrow, the escrow instructions shall provide:

I.

That the owner shall have no right to a return of any of the funds except as provided below, and

II.

That the escrow agent shall have a legal duty to deliver the funds to the City whenever the City Administrator presents an affidavit to the agent attesting to the City's right to receive funds, whether or not the owner protests that right.

d.

Reduction of security.

I.

Upon preliminary acceptance of a public improvement or public infrastructure, the City shall release all but fifteen (15) percent of total actual costs of construction and installation of all improvements, so long as the owner is not in default of any provision of the development agreement.

II.

The residual fifteen (15) percent retained by the City shall act as security for the owner's guarantee that the public improvements and infrastructure remain free of defect during the applicable warranty period. The owner may at any time during the preliminary acceptance or warranty period offer to provide a substitute or supplemental form of financial security to that security as originally posted with and/or retained by the City. The City may accept substitute or supplemental forms of security in its sole discretion.

III.

The fifteen (15) percent retained by the City shall be released upon the conclusion of the warranty period and approval of the public improvements by the Public Works Director.

A.

Major subdivision. A major subdivision is any subdivision that does not meet the criteria for a minor subdivision as detailed in Section 17.09.030(B).

B.

Minor subdivision. A minor subdivision is a subdivision in which any of the following conditions exist:

1.

Subdivisions creating fewer than five (5) or fewer lots and the entire property to be subdivided is ten (10) acres or less,

2.

Subdivisions to facilitate the conveyance of condominium units pursuant to the Colorado Common Interest Ownership Act,

3.

Subdivision solely for the creation of public right of way or other public tracts,

4.

Consolidation of two (2) or more lots into fewer lots on an approved final plat,

5.

Lot line or boundary adjustments to an approved final plat,

6.

Correction of errors or omissions on an approved final plat, such as legal description errors, typographical and mapping errors, lot identification errors, and surveyor corrections,

7.

To facilitate the conveyance of title to parcels of land pursuant to a valid court order or in connection with the provisions of the Colorado Probate Code when no more than two (2) conforming lots will be created, or

8.

To facilitate the conveyance of a planning area within an approved major planned development, in conformance with an approved planned development plan as detailed in Section 17.08.060(B)(3) of this UDC.

A.

Major subdivision process outline. The process for review and approval of a major subdivision shall include the steps and responsible parties outlined in Table 17.09.040 and detailed in Section 17.09.040(B—D).

Table 17.09.040 Major Subdivision Process Outline

B.

Sketch plan. An applicant for a major subdivision may choose to submit a sketch plan. The purpose of the sketch plan is two-fold. First, it provides the City the opportunity to describe the community's vision to the applicant. Second, it gives the applicant an opportunity to discuss their development plans, explain how the plans will further the community's vision, and obtain input and direction from the Planning Commission and, optionally, the City Council early in the process. The ultimate goal of this process is to help the applicant develop a plan that fosters the community's vision, while minimizing the cost to the applicant.

1.

Pre-application conference. A pre-application conference with the Zoning Administrator is required before the applicant may submit a sketch plan. Topics to be discussed may include:

a.

Applicant's goals for the property,

b.

City vision and expectations regarding the character and quality of development,

c.

Infrastructure requirements,

d.

Community design principles and development standards,

e.

City regulations and standards,

f.

The application and review process,

g.

Submittal requirements,

h.

Applicable fees and costs, and/or

i.

Scheduling issues.

2.

Sketch plan submittal.

a.

The sketch plan, including all information required in the UDC application requirements, shall be submitted to the Zoning Administrator.

b.

Within fifteen (15) days of receipt of the application, the Zoning Administrator shall review the application to determine that all required information has been submitted and notify the applicant of completeness or deficiencies.

3.

Zoning Administrator sketch plan review and recommendation.

a.

Within ten (10) days of the determination of completeness, the application shall be reviewed by the Zoning Administrator pursuant to the standards for review in Section 17.09.060.

b.

The Zoning Administrator shall prepare and issue a report to the applicant identifying issues of concern to be addressed as well as a recommendation for approval, approval with conditions, or denial.

c.

The Zoning Administrator shall forward their report to the applicant ten (10) days prior to the date of the Planning Commission meeting.

4.

Planning Commission and City Council sketch plan review and recommendation.

a.

Planning Commission review and recommendation. The Planning Commission shall review the sketch plan application and the Zoning Administrator's report and provide comments on the proposed project to the applicant, based on how well the application addresses the standards for review in Section 17.09.060.

b.

City Council review and recommendation (optional). At the request of the applicant and following the Planning Commission review, the City Council shall review the sketch plan and provide comments on the proposed project to the applicant, based on how well the application addresses the standards for review in Section 17.09.060.

C.

Preliminary plat. The purpose of the preliminary plat application is to provide the City with an overall plan for the proposed development.

1.

Pre-application conference. A pre-application conference with the Zoning Administrator is required before the applicant may submit a preliminary plat application. Topics to be discussed may include:

a.

City regulations and standards,

b.

Infrastructure requirements,

c.

The application and review process,

d.

Submittal requirements,

e.

Applicable fees and costs, and/or

f.

Scheduling issues.

2.

Preliminary plat submittal.

a.

The preliminary plat, including all information required in the UDC application requirements, shall be submitted to the Zoning Administrator.

b.

Within fifteen (15) days of receipt of the application, the Zoning Administrator shall review the application to determine that all required information has been submitted and notify the applicant of completeness or deficiencies. The Zoning Administrator may refer the preliminary grading and drainage plan to the Public Works Director for additional review.

c.

Failure to cure the deficiencies or submit a revised preliminary plat within six (6) months from notification of such deficiencies shall be deemed abandonment of the application without further notice from the City.

3.

Zoning Administrator preliminary plat report.

a.

Within ten (10) days of the determination of completeness, the application shall be reviewed by the Zoning Administrator pursuant to the standards for review in Section 17.09.060.

b.

The Zoning Administrator shall prepare and issue a report to the applicant identifying issues of concern to be addressed as well as a recommendation for approval, approval with conditions, or denial.

c.

The Zoning Administrator shall forward their report to the applicant.

4.

Revised preliminary plat submittal.

a.

The applicant shall revise the preliminary plat as necessary based on the issues of concern identified by the Zoning Administrator in the preliminary plat report.

b.

The revised preliminary plat shall be accompanied by a letter explaining how all of the issues of concern have been addressed and detailing any other changes that have been made to the preliminary plat.

c.

The applicant shall submit the revised preliminary plat to the Zoning Administrator who shall review the revised application for the purpose of ensuring that all required information has been provided and that all issues of concern have been addressed. Once it is determined that all required information has been submitted and all issues of concern addressed, the application shall be referred to Planning Commission. If the Zoning Administrator determines that the required information and/or issues of concern have not been addressed, the Zoning Administrator shall notify the applicant of such deficiencies.

d.

Failure to cure the deficiencies or resubmit a revised plat within six (6) months from notification of such deficiencies shall be deemed abandonment of the application without further notice from the City.

5.

Preliminary plat public hearing.

a.

The preliminary plat application shall be scheduled for public hearing before the Planning Commission and noticed pursuant to Section 17.09.020(C).

b.

The Planning Commission, within thirty (30) days of conducting a public hearing, considering the recommendation of the Zoning Administrator, and reviewing the application, shall make a recommendation for approval, approval with conditions, or denial of the application to the City Council, based upon the standards for review in Section 17.09.060.

c.

Following the recommendation of the Planning Commission, the preliminary plat application shall be scheduled for a public hearing before the City Council and noticed pursuant to Section 17.09.020(C). Notice for the Planning Commission and City Council public hearing may run concurrently.

d.

The City Council, after conducting a public hearing, considering the recommendation of the Planning Commission, and Zoning Administrator, and reviewing the application, shall decide, by resolution, to approve, approve with conditions, or deny the application based upon the standards for review in Section 17.09.060.

e.

If the City Council denies the preliminary plat application, the applicant shall be required to restart the process at the pre-application conference stage. Approval of any preliminary plat shall be effective for a period of one (1) year unless a phasing plan and schedule for final platting is approved with the preliminary plat. Approval of the preliminary plat remains in effect continuously if final plats are being filed and approved in accordance with the approved phasing and schedule. In the event that the final plat has not been submitted within the time set forth herein, or subsequent phases are not submitted in accordance with the approved schedule, the preliminary plat shall be deemed null and void and the applicant shall be required to restart the preliminary plat review.

D.

Final plat. The purpose of the final plat application is to complete the subdivision of land consistent with the approved preliminary plat.

1.

Final plat submittal.

a.

The final plat application shall conform to the preliminary plat as approved by the City Council and shall address all conditions of approval required by the City Council. Final plat applications may be submitted concurrently with a preliminary plat application.

b.

The final plat, including all information required in UDC Application Requirements, shall be submitted to the Zoning Administrator.

c.

Within fifteen (15) days of receipt of the final plat application, the Zoning Administrator shall review the application to determine that all required information has been submitted and notify the applicant of completeness or deficiencies.

d.

Failure to cure the deficiencies within six (6) months from notification of such deficiencies shall be deemed abandonment of the application without further notice from the City.

2.

Zoning Administrator action.

a.

Within ten (10) days of the determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the approved Preliminary Plat, addresses all conditions of approval required by the City Council and meets the standards for review in Section 17.09.060. Based upon their review, the Zoning Administrator shall approve or deny the Final Plat. If approved, the final plat shall be signed by City Administrator subject to the requirements of this UDC.

b.

If denied, the Zoning Administrator shall report the deficiencies to the applicant. The applicant shall have six (6) months from the date of notification of the deficiencies to correct the deficiencies; otherwise, the final plat will be considered abandoned without further notice from the City.

3.

Post Approval actions.

a.

The applicant must comply with the requirements of the City Council and this UDC within one hundred eighty (180) calendar days of Zoning Administrator approval, or the final plat approval shall be void and must be resubmitted to the City for Zoning Administrator approval.

b.

The applicant shall submit the following items to the Zoning Administrator:

I.

Electronic file. An electronic (digital) version of the final plat in a format acceptable to the Public Works Director, with survey data referenced to the State Plane Coordinates.

II.

Development agreement. An executed development agreement, as provided by the City and in a form acceptable to the City Attorney.

III.

Title commitment. A title insurance commitment or policy issued by a title insurance company, certified to date of final Zoning Administrator approval of the final plat, showing the name of the owner of the land and all other persons who have an interest in, or an encumbrance on the property described on the final plat. The applicant shall cause to be joined on said plat those parties necessary to give unencumbered fee simple title to all public rights-of-way contained therein.

IV.

As-built drawings. Provide three (3) copies of as-built drawings for all improvements within sixty (60) days of the final walk-through inspection.

4.

Final plat recordation. Prior to recording of the final plat, the applicant shall supply the Zoning Administrator with either: one (1) print of each page of the final plat, measuring twenty-four (24) inches high by thirty-six (36) inches wide, on bond paper or an electronic copy for purposes of final redline review and revisions. Once the final revisions have been made, the applicant shall supply three (3) original versions of the final plat, in a format acceptable to the City, each containing the signatures of the property owner(s), any signatures necessary to give the City unencumbered fee title to public rights of way, the notary acknowledgment of their signatures, and an original signature and seal of the surveyor who prepared the plat. Following receipt of the plats, the Zoning Administrator shall cause the signatures of the City Administrator and the City Clerk to be affixed to the plats. One (1) original version of the final plat shall be recorded by the City Clerk in the office of the Fremont County Clerk and Recorder. The recording fee for the approved plat and supplementary documents as required shall be paid by the applicant.

(Ord. No. 14-2022, § 7, 8-1-22)

A.

Minor subdivision process outline. The process for review and approval of a minor subdivision shall include the steps and responsible parties outlined in Table 17.09.060 and detailed in Section 17.09.050(B).

Table 17.09.060 Minor Subdivision Process Outline

B.

Minor subdivision plat.

1.

Pre-application conference. A pre-application conference with the Zoning Administrator, is required before the applicant may submit a minor subdivision plat application. Topics to be discussed will include:

a.

City regulations and standards,

b.

Infrastructure requirements,

c.

The application and review process,

d.

Submittal requirements,

e.

Applicable fees and costs, and

f.

Scheduling issues.

2.

Minor subdivision plat submittal.

a.

The minor subdivision plat, including all information required in the UDC application requirements, shall be submitted to the Zoning Administrator.

b.

Within fifteen (15) days of receipt of the application, the Zoning Administrator shall review the application to determine that all required information has been submitted and notify the application of completeness or deficiencies.

c.

Failure to cure the deficiencies within six (6) months from notification of such deficiencies shall be deemed abandonment of the application without further notice from the City.

3.

Zoning Administrator action.

a.

Within fifteen (15) days of the determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the standards for review in Section 17.09.060. Based upon their review, the Zoning Administrator shall approve or deny the minor subdivision plat. If approved, the minor subdivision plat shall be signed by City Administrator subject to the requirements of this UDC.

b.

If denied, the Zoning Administrator shall report the deficiencies to the applicant. The applicant shall have six (6) months from the date of notification of the deficiencies to correct the deficiencies; otherwise, the minor subdivision plat will be considered abandoned without further notice from the City.

4.

Post approval actions.

a.

The applicant must comply with the requirements of the Zoning Administrator and this UDC within one hundred eighty (180) calendar days of Zoning Administrator approval, or the final plat approval shall be void and must be resubmitted to the City for Zoning Administrator approval.

b.

The applicant shall submit the following items to the Zoning Administrator:

I.

Electronic file. An electronic (digital) version of the final plat in a format acceptable to the Public Works Director, with survey data referenced to the State Plane Coordinates.

II.

Development agreement. An executed development agreement, as provided by the City and in a form acceptable to the City Attorney.

III.

Title commitment. A title insurance commitment or policy issued by a title insurance company, certified to date of final Zoning Administrator approval of the final plat, showing the name of the owner of the land and all other persons who have an interest in, or an encumbrance on the property described on the final plat. The applicant shall cause to be joined on said plat those parties necessary to give unencumbered fee simple title to all public rights-of-way contained therein.

IV.

As-built drawings. Provide three (3) copies of as-built drawings for all improvements within sixty (60) days of the final walk-through inspection.

5.

Minor subdivision plat recordation. Prior to recording of the minor subdivision plat, the applicant shall supply the Zoning Administrator with either: one (1) print of each page of the plat, measuring twenty-four (24) inches high by thirty-six (36) inches wide on bond paper or an electronic copy for purposes of final redline review and revisions. Once the final revisions have been made, the applicant shall supply three (3) original versions of the minor subdivision plat, in a format acceptable to the City, each containing the signatures of the owner(s), any signatures necessary to give the City unencumbered fee title to public rights of way, the notary acknowledgment of their signatures, and an original signature and seal of the surveyor who prepared the plat. Following receipt of the plats, the Zoning Administrator shall cause the signature of the City Administrator and the City Clerk to be affixed to the plats. One (1) original version of the minor subdivision plat shall be recorded by the City Clerk in the Office of the Fremont County Clerk and Recorder. The recording fee for the approved plat and supplementary documents as required shall be paid by the applicant.

(Ord. No. 14-2022, § 8, 8-1-22)

The City shall use the following criteria to evaluate applications for major and minor subdivisions:

A.

Comprehensive plan alignment. The subdivision is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City.

B.

Placemaking. The subdivision has a distinctive identity and brand that is utilized in the signs, streetscape, architecture, public gathering spaces, and open spaces.

C.

Integrated design with identifiable centers and edges. The subdivision shall be laid out and developed as a unit in accordance with an integrated overall design. The design shall provide identifiable centers and edges through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space.

D.

Public welfare. The subdivision is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare.

E.

Compatibility with adjacent land uses. The subdivision includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, adverse impacts have been minimized through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. Incompatible land uses include but are not limited to general commercial and/or industrial uses and residential uses.

F.

Impact on public facilities and resources. The subdivision is designed so that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it. The subdivision shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to impact of the subdivision on public facilities and infrastructure.

G.

Archaeological, historical, or cultural impact. The subdivision does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or in proximity to the parcel(s) proposed for development.

H.

Drives, parking, and circulation. The subdivision has or makes adequate provision to provide necessary parking. Principal vehicular access is from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation (including walkways, interior drives, and parking), special attention has been given to the location and number of access points to public streets, the width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe, and convenient, do not detract from the design of proposed buildings and structures and the neighboring properties. Access points are limited through the use of cross access connections.

A.

Plat vacation purpose. Plats created prior to the adoption of this UDC may not meet the current subdivision requirements, including lot size, environmental conditions, and the provision of adequate infrastructure. This section of the Code sets forth a process by which a plats may be vacated.

B.

Plat vacation process. Subject to the procedure set forth in this section, the City Council may vacate all or a portion or portions of the final subdivision plat of any subdivision within the City upon the request of a property owner within the subdivision or the City Planner. The City Council may vacate only the final subdivision plat for that portion of a subdivision consisting of multiple, contiguous lots that are undeveloped and in common ownership. The City Council may vacate a final subdivision plat only after conducting a public hearing to consider evidence to determine whether the findings can be made that are necessary to determine if all or a part of the subdivision is within the meaning of this section, and to consider evidence to determine whether the finding can be made that is necessary to adopt an ordinance to vacate.

1.

Resolution of intent to vacate. Prior to vacating all or a part of the final plat of any subdivision, the City Council shall adopt a resolution of intent to vacate. The resolution shall set forth the reasons the City Council desires to vacate the final plat and shall establish the date, time, and place of a public hearing on the proposed vacation. At least thirty (30) days prior to City Council consideration of the resolution of intent to vacate, the City Planner shall provide written notice that vacation of the plat is being considered to all record surface owners and lienholders of all lots within the plat. Once a resolution of intent to vacate has been adopted by the City Council, no development plan may be submitted, or building permit issued, until the matter has been finally decided by the City Council.

2.

Schedule vacation of plat public hearing and complete public and property owner notification. The City Council shall schedule a public hearing for the purpose of taking action on an ordinance approving the vacation of the plat. The City Planner shall publish a copy of the resolution notice in a newspaper of general circulation at least fifteen (15) days prior to the City Council public hearing. In addition, a copy of the resolution shall be mailed to the last known address of the record surface owner or owners of each lot within the subdivision and to any lienholders of record, at least fifteen (15) days before the public hearing.

3.

City Council action. At the public hearing on the determination of obsolescence and proposed plat vacation, the City Council shall receive a report from the City Planner regarding the proposed vacation and shall hear from all interested persons. At the close of the public hearing, the City Council may, by ordinance, vacate all or a part of the final subdivision plat if it makes the following findings:

a.

That the plat is a subdivision within the meaning of this section; and

b.

Vacation of all or a part of the final plat for the subdivision will promote the health, safety and general welfare of the community. The ordinance shall describe the property that is subject to vacation by making reference to the subdivision name and the final plat on record with the Fremont County Clerk and Recorder.

4.

Record vacation ordinance. If the City Council vacates all or a part of the final plat of any subdivision, it shall record a copy of the ordinance of vacation with the Fremont County Clerk and Recorder. The City shall also record a copy of the final subdivision plat as it was approved by the City with a prominent notation on the plat showing that it was vacated in whole or in part by decision of the City Council and the date of such decision.

C.

Effect of vacation. After all or a part of the final plat for any subdivision has been vacated pursuant to this section, the land within such vacated subdivision or portion thereof may not be subdivided without first complying with the then applicable state and local subdivision and development regulations, and it shall be unlawful to sell the land or any portion thereof with reference to the plat or develop any property within the vacated subdivision or portion thereof without first complying with the then applicable state and local subdivision and development regulations. The vacation of all or a part of the final plat for any subdivision shall have the effect of vacating all public easements and rights-of-way within the vacated subdivision or portion unless the ordinance of vacation expressly provides that any public right-of-way has not been vacated. The vacation of a plat or portion thereof shall not have the effect of interfering with any privately owned easements dedicated for utility, access, or other similar purposes shown on the final subdivision plat that was vacated unless the City has obtained a release from the owner of the privately-owned easement authorizing the vacation of such easement.

D.

Vested rights. Nothing in this section is intended to authorize the City to interfere with any lawfully established vested rights.