(a)

The division of land into separate parcels, lots, sites, tracts or interests is a subdivision and is regulated by the provisions of this chapter.

(b)

Major subdivisions are subdivisions that result in the creation of more than four parcels, lots, sites, tracts or interests out of the property as it existed prior to any subdivision.

(c)

The division of lots or parcels of previously subdivided land or amended plats that involve more than ten lots are resubdivisions. Resubdivisions are reviewed as major subdivisions.

(d)

The division of previously unsubdivided land into four or fewer separate parcels, lots, sites, tracts or interests is a minor subdivision.

(e)

The creation of condominium units constitutes the creation of separate interests and is considered a subdivision action.

(f)

Subdivision actions that affect no more than ten lots within a subdivision and do not create additional lots or interests in property and that result in a material change in the boundaries of a subdivision by way of adding or deleting land or lots to the subdivision, reconfiguration, division or aggregation of existing platted lots or correction of technical errors on subdivision plats are amended plats.

(Code 1994, § 15.05.010; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

The design and development of major subdivisions shall conform in every respect to the criteria and procedures of this chapter, any other design requirements or engineering standards adopted by the Town, and any other applicable requirements of the Town. Major subdivisions will be reviewed in accordance with CTC Article 18.24. The review process for major subdivisions consists of separate reviews of the sketch plan and the final plan, which are reviewed sequentially; that is, an application for a final plan may be submitted only upon completion of the sketch plan review process. Both sketch plans and final plans are reviewed by the Board of Trustees. Prior to submitting any application for approval of a major subdivision, the applicant shall meet with the Town Planner for a pre-application conference pursuant to CTC 18.24.040.

(b)

The purpose of the major subdivision review process is to evaluate the design of the proposed subdivision and to ensure that future residents or occupants of the subdivided property can be safely, efficiently and adequately served by public facilities, services and utilities and that the residential and nonresidential land uses conform to all land use regulations of the Town. The major subdivision review process does not establish types of land uses, which are determined by the zoning regulations of this chapter.

(Code 1994, § 15.05.020; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

The design and development of minor subdivisions shall conform in every respect to the criteria and procedures of this chapter, any other design requirements or engineering standards adopted by the Town, and any other applicable requirements of the Town. Minor subdivisions will be reviewed in accordance with CTC Article 18.20. Minor subdivisions will be reviewed by the Board of Trustees as described in CTC Article 18.24.

(b)

The purpose of the minor subdivision review process is to evaluate the design of the proposed subdivision and to ensure that future residents or occupants of the subdivided property can be safely, efficiently and adequately served by public facilities, services and utilities and that the residential and nonresidential land uses conform to all land use regulations of the Town. The minor subdivision review process does not establish types of land uses, which are determined by the zoning regulations.

(Code 1994, § 15.05.030; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

Resubdivisions are reviewed in the same manner as a major subdivision with the same purposes. To the extent that submittal information, otherwise required in CTC Article 18.28, was submitted as part of the original subdivision proposal and is adequate by current standards, the applicant for approval of a resubdivision does not need to submit the information again and may reference such submittal information in the resubdivision application. The Town Planner and the Town Engineer will determine the technical adequacy of previously submitted information.

(Code 1994, § 15.05.040; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

Generally.

(1)

Amended plats do not create additional lots or interests in property but are subdivision actions that result in a material change in the boundaries of a subdivision by way of adding or deleting land or lots to the subdivision, or the reconfiguration, division or aggregation of existing platted lots. Amended plats are also used to correct errors on a subdivision plat. The amended plat process is limited to applications that affect no more than ten lots within a subdivision. Amendments affecting more than ten lots or amendments within a subdivision with an expired subdivision improvements agreement or which affect existing subdivision improvements agreements shall be considered re-subdivisions. Amended plats are reviewed administratively by the Town Planner, Public Works Director and appropriate review agencies prior to approval or denial by the Town Planner pursuant to the requirements of this article.

(2)

The first purpose of the amended plat review is to ensure the technical accuracy of the amended plat. The second purpose of the amended plat review is to maintain the record of associated real estate activities.

(b)

Amended plat procedures.

(1)

Within 30 days of receipt of the complete application, the Town Planner or designee shall approve or deny the application.

(2)

The applicant shall be notified in writing of the approval of the decision or will be advised of the reasons for the denial of the application. Upon approval, the survey and deed effecting the adjustment or dissolution shall be recorded in the Office of the County Clerk and Recorder. The applicant shall pay the cost of recording any documents, which costs shall be paid to the Town prior to recording. Within seven days of written notification to the applicant, the Town Clerk shall provide a written notice of decision to the Board of Trustees. Any approved lot line adjustment not effected within six months after the date it was approved shall automatically expire.

(3)

Approval shall be granted provided:

a.

The lot line adjustment does not result in the creation of additional lots.

b.

The lot line adjustment does not result in the creation of lots that do not comply with zoning requirements.

c.

The lot line adjustment does not result in the creation of a lot or lots that cannot be built upon under Town requirements.

d.

The requirements of utility companies serving the property have been satisfied, and easements are appropriately maintained or granted in the deed effecting the adjustment or dissolution.

e.

The lot line dissolution does not change the location of any remaining lot lines in the subdivision.

(Code 1994, § 15.05.050; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

As further specified in CTC 18.04.110, for every subdivision the Board of Trustees shall require the dedication of certain sites for park and recreation use, and may require reservation of sites for school and other public purposes. Land dedications may include land within the 100-year floodplain, national and State historic or natural features, and proposed public areas set aside in State, regional, County or Town comprehensive plans. The Board of Trustees may, at its sole discretion, require a subdivider to pay a fee in lieu of the dedication of land otherwise required by these regulations. The provisions for such cash payments in lieu of dedication are set forth in CTC 18.04.110(e).

(Code 1994, § 15.05.060; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

Subdivision design standards are found in a separate resolution adopted by the Town. In addition, the Town Engineer shall maintain subdivision, traffic, utility, and other such design and construction standards necessary to carry out the purposes of these regulations. All requirements of these regulations, other regulations of the Town and the design and construction standards of the Town Engineer shall be complied with by the subdivider.

(Code 1994, § 15.05.070; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

The following improvements shall be constructed at the expense of the subdivider, and further stipulated in a subdivision improvements agreement (CTC 18.04.160), in a manner approved by the Town Board of Trustees which is consistent with design standards and construction specifications approved by the Board of Trustees as well as sound engineering and construction practices. Where specific requirements are delineated in other sections of these regulations, the more specific requirements shall apply unless the Town Board of Trustees and the Town Engineer determine otherwise. The following improvements constitute the minimum requirements:

(a)

Road grading, subsurface material and preparation, road surfacing in, through or abutting the subdivision. All roads in and abutting the subdivision must be hard surfaced (paved);

(b)

Curbs, gutters, and sidewalks;

(c)

Sanitary wastewater laterals and mains. The construction of sanitary wastewater facilities shall conform in all respects with all laws, regulations and specifications of State and local health departments and the Town. A public wastewater collection system connected to the Town's collection and treatment system shall be required of all developments;

(d)

Storm drainage system;

(e)

Water distribution system. All water distribution systems shall comply in all respects with all laws, regulations and specifications of State and local health departments and the Town. All developments shall be designed to be served by the Town water treatment and distribution system;

(f)

Fire hydrants. Fire hydrants shall be placed and have fire flow capabilities in accordance with the requirements of the Town;

(g)

Street signs and other required traffic control devices;

(h)

Permanent reference monuments and monument boxes;

(i)

Street lights; and

(j)

Other facilities as may be specified in these regulations or required by the Town Board of Trustees.

(Code 1994, § 15.05.080; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

The Board of Trustees finds and determines that some subdivisions within the Town, which have been previously approved, or were approved by the County before being annexed into the Town, have not been developed, and some such subdivisions were recorded prior to the enactment of current subdivision regulations, master plans, zoning regulations, building codes, State and local health regulations, designated matters of State interest, and other applicable laws and regulations. The public health, safety, and welfare require the Town to periodically review such abandoned or uncompleted subdivisions, and it is the purpose of this division to provide a mechanism for the review of undeveloped or non-conforming subdivisions to bring such subdivisions, or any parts thereof, into compliance with current regulations and provisions of law, and if such modifications are not feasible, to vacate undeveloped and non-conforming subdivisions, or any part thereof, to prohibit sales of lots therein, and to vacate lands within the subdivision which were dedicated to the public use.

(Code 1994, § 15.05.090; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Subdivision means as defined in C.R.S. § 31-23-201(2).

(Code 1994, § 15.05.100; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

The Board of Trustees, may initiate review of any subdivision within the Town. This review will follow the procedures set forth in this division, and shall be for the purpose of determining whether or not the subdivision is undeveloped, abandoned, or no longer complies with regulations.

(Code 1994, § 15.05.110; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

For the purposes of this section, lands described in the plat of any subdivision, or any part thereof, under review shall be considered to be undeveloped or abandoned if any vested property rights acquired pursuant to CTC 18.04.090 and C.R.S. Title 24, Art. 68 (C.R.S. § 24-68-101 et seq.), or common law have expired or been forfeited and any one or more of the following conditions are found by the Board of Trustees to exist on such lands:

(a)

The time limit for the completion of public improvements, or subdivision approval, as contained in any subdivision improvements agreement, amendment thereof, or extension thereto, has expired or lapsed;

(b)

Roadways, which were intended to provide access into and travel within the subdivision, have not been or are not being constructed to meet specifications at the time of the review;

(c)

Facilities for the supply of domestic or industrial water to lots created by the subdivision have not been or are not being constructed or permits therefor have not been issued for installation on the lands;

(d)

Wastewater collection facilities and, if required, storm drainage facilities, or other public improvements required by the subdivision improvements agreement have not been or are not being constructed;

(e)

Buildings have not been or are not being constructed within the subdivision, and no permits have been issued for the construction of buildings upon the lands;

(f)

No substantial amounts of money have been spent by the developer or others within three years prior to the review in reliance upon the approval of the subdivision;

(g)

The subdivision contains partially completed public improvements which, in their unfinished state, constitute a hazard or danger to the members of the public; or

(h)

No individual lots or parcels have been sold within the subdivision.

(Code 1994, § 15.05.120; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

If the Board of Trustees makes a determination that a subdivision, or any part thereof, is undeveloped, abandoned or non-conforming, the Board shall hold a hearing to determine whether or not the subdivision, or any part thereof, should be modified, re-platted, or vacated, or all or part of the lands within the subdivision dedicated to public use should be vacated. Notice of the hearing shall be given as required in CTC 18.04.060; in addition, however, notice shall be given to the holders of any security interest, mortgage, deed of trust, or lien of record against the property. The Town shall also attempt to give notice to any utility or other entity using rights-of-way or easements, which appear on the plat of the subdivision. A copy of the public notice shall also be recorded with the County Clerk and Recorder. The failure to give adequate notice of the hearing shall not be grounds to invalidate any Board of Trustees action under the provisions of this division.

(Code 1994, § 15.05.130; Adopted by Ord. 02 Series of 2023 on 12/5/2023)

(a)

At the time of the hearing conducted pursuant to CTC 18.20.150, the Board of Trustees shall hear evidence and testimony from any interested person regarding the status of the subdivision and, if the Board of Trustees determines the subdivision is undeveloped, abandoned or non-conforming, shall determine the most appropriate means to bring the subdivision into compliance with law.

(b)

If the Board of Trustees determines, following the hearing, that a subdivision, or any part of a subdivision, cannot be modified in accordance with the subdivision regulations, master plans, ordinances, codes, and other State and local regulations, it may recommend the subdivision be vacated.

(c)

The findings and conclusions of the Board of Trustees shall be transmitted in written form and the Board of Trustees shall consider the item at its next regularly scheduled meeting.

(d)

Any action taken by the Board of Trustees to carry out the provisions of this section shall be by ordinance. In the event the subdivision is a planned unit development, and the plan must be released, removed or modified, the ordinance shall contain the findings of fact required by C.R.S. § 24-67-106(3).

(e)

The vacation of any subdivision, or any part thereof, and of all or any part of the lands within the subdivision dedicated for public use, shall be conducted according to the applicable law and this chapter. In no event shall the Board of Trustees vacate any easement, right-of-way or roadway if doing so would jeopardize the rights of the public or any public utility. The vacation of lands dedicated for parkland purposes, which have not been used for such purposes since subdivision approval, shall not be considered a sale or conveyance.

(f)

If the ordinance vacates the subdivision approval, a certified copy of the ordinance shall be filed and recorded by the Town Clerk with the same offices as required for subdivision approval, including the County Clerk and Recorder.

(g)

The adoption and recording of an ordinance vacating a subdivision or any part thereof shall operate to nullify the force and effect of the recording of the subdivision plat, and no lots, blocks or parcels within the vacated subdivision may thereafter be sold or conveyed.

(h)

The modification or vacation of a subdivision shall not affect title to the land within the vacated portion, except for title to lands dedicated to the Town according to the original subdivision plat, which property shall vest according to the provisions of C.R.S. § 43-2-302, and the terms of this chapter.

(i)

Nothing contained within this division shall prohibit the voluntary application by the owner of an interest in lands within an undeveloped, abandoned or non-conforming subdivision to seek voluntary vacation of all or part of said subdivision. In the event a petition to vacate a subdivision is presented to the Board of Trustees, signed by the owners of record of the property and the holders of all valid security interests, the additional notice requirements set forth in this chapter shall not apply.

(j)

If all or any part of a subdivision is vacated as provided herein, the Board of Trustees shall then consider whether the zone district or districts shall be modified accordingly, in the manner provided by law.

(k)

If all or any part of subdivision is vacated as provided herein, the Board of Trustees shall also consider what effect shall be given any cash paid by the original developer in lieu of parkland dedication, water rights dedication, or any other fees required at the time of original subdivision approval. In the event the Board of Trustees finds it would be appropriate to allow these fees to remain as a credit against the real property, the Board shall so state in its decision in writing. In no event, however, shall any such cash or other consideration paid remain a credit for a period of greater than 20 years from the date of original subdivision approval.

(l)

If all or any part of the subdivision is vacated or modified as provided herein, the Board of Trustees shall act on the disposition of any security given for the completion of public improvements, including any mortgages on the subject property, and shall determine what action should be taken with respect to the subdivision improvements agreement, and whether it should be released against all of the property, a portion of the property, or only that portion of the property which has been successfully developed.

(Code 1994, § 15.05.140; Adopted by Ord. 02 Series of 2023 on 12/5/2023)