(a)

Applicability. All plats and subdivision of land within the corporate limits of the city, and all land outside the corporate limits of the city that the city council may be petitioned to include within the corporate limits of the city, by an extension of such corporate limits, shall conform to the following rules and regulations.

(b)

Creation of Building Site. No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract or building lot has been created by compliance with one of the following conditions:

(1)

The lot or tract and is part of a plat of record, properly approved by the city council of the city and filed in the plat records of Montezuma County, Colorado; or

(2)

The parcel, tract or lot contains at least 12,000 square feet and faces upon a dedicated street and was separately owned prior to the effective date of the original subdivision regulations of the city or prior to annexation to the city, whichever is applicable, in which event a building permit for only one main building conforming to all the requirements of this code may be issued on each such original separately owned parcel without first complying with (1) preceding.

(c)

Platting Property Not Permanently Zoned.

(1)

No subdivision plat shall be approved within the city limits until the area covered by the proposed plat shall have been permanently zoned by the city council.

(2)

No subdivision plat shall be approved within any area where an application or ordinance for annexation or a recommendation for annexation to the city is pending before the city council.

(3)

In the event the planning commission holds a hearing on proposed annexation, it may, at its discretion, at the same time, hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the city council so that the city council can, if it desires, act on the matter of permanent zoning and annexation at the same time.

(a)

Lot Configuration. The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated and shall not be less than those specified as minimum standards by the zoning district. The depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

(b)

Side Lot Lines. Side lot lines shall be substantially at right angles to street lines unless otherwise approved by the planning commission.

(c)

Street Frontage Required. Each lot or building tract shall front upon a public street.

(d)

Double Frontage Lots. Double frontage lots shall be avoided, except where essential to provide separation of residential development from traffic or to overcome specific disadvantages of topography and orientation.

(e)

Large Lots. Where the area is divided into larger lots than for normal city building sites and, in the opinion of the planning commission, any or all of the tracts are susceptible of being resubdivided, the original subdivision shall be such that the alignment of future street dedications may conform to the general street layout in the surrounding area and so that the larger tracts may be later subdivided in conformance with the requirements of this code and the minimum standards specified by the zoning district.

(a)

Applicability. The following design standards shall be required for all subdivisions.

(b)

Asphalt Streets. On and after the passage of these regulations, all developers shall be required to construct asphalt streets. This requirement may be waived for RE, residential estate district developments upon recommendation of the planning commission.

(c)

Street Layout. Unless otherwise approved by the planning commission, provisions shall be made for the extension of streets in accordance with the Cortez thoroughfare plan for street extension and shall bear a logical relationship to the topography and to the location of existing or planned streets on adjacent properties. Adequate local streets shall be provided to accommodate the subdivision and provide access to lots. Where the layout of streets is not shown in the Cortez thoroughfare plan, the arrangement of streets in a subdivision shall either:

(1)

Provide for the continuation or appropriate projection to existing principal streets in surrounding areas; or

(2)

Conform to a plan for a neighborhood or planned unit development approved or adopted by the planning commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable or where neighborhood design makes a varied plan appropriate.

(d)

Street Connections. The system of streets designated for the subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivision; and where no adjacent connections are platted, must in general be the reasonable projection of streets in the nearest subdivided tracts, and must be continued to the boundaries of the tract subdivided, so that other subdivisions may connect therewith. Reserve strips of land controlling access to or egress from other property or to or from any street or alley or having the effect of restricting or damaging the adjoining property for subdivision purposes or that will not be taxable or accessible for special improvements shall not be permitted in any subdivision unless such reserve strips are conveyed to the city in fee simple.

(e)

Half Streets. Half streets shall be prohibited unless they are for the purpose of increasing the width of an inadequate existing right-of-way.

(f)

Street Intersections. More than two (2) streets intersecting at a point shall be avoided, except where it is impractical to secure a proper street system otherwise and all intersections shall be as near ninety (90°) degrees as possible and in no case shall the intersection angle be less than sixty degrees (60°).

(g)

Street Jogs. Nonintersecting streets with centerline offset of less than one hundred twenty-five (125) feet shall not be approved.

(h)

Block Lengths. Block lengths shall not be less than three hundred (300) feet or more than four hundred fifty (450) feet.

(i)

Cul-de-Sacs. Cul-de-sacs shall not exceed four hundred (400) feet in length and shall have a turnaround, surface diameter of one hundred ten (110) feet, right-of-way diameter of one hundred thirty (130) feet. A cul-de-sac of less that two hundred (200) feet in length in a single-family residential area does not require a radial turnaround if the city engineer determines that an equally safe and convenient form of turning space is adequate for the vehicles expected to use the cul-de-sac. Ordinarily, cul-de-sacs shall be discouraged, as they do not result in a continuation or conformance to existing streets or streets pattern.

(j)

Dead-End Streets. Dead-end streets, except for cul-de-sacs, shall be prohibited unless they are designed to connect with future streets on adjacent lands and that have not been platted. In cases where these types of dead-end streets are allowed, a temporary turnaround of one hundred (100) feet shall be constructed.

(k)

Street Design Standards. Street and alley widths, curves, grades, design speed and centerline radius, shall meet following standards:

(1)

Street grade and curves.

a.

Streets may have a maximum grade of seven percent (7%).

b.

Centerline grade changes with an algebraic difference of more than two percent (2%) shall be connected with vertical curves of sufficient length to provide a minimum two hundred (200) feet of sight distance.

c.

No vertical curve shall be less than two hundred (200) feet in length.

STREET DESIGN STANDARDS

(l)

Street Curve Radii. Streets shall have a minimum radii at the centerline of one hundred fifty (150) feet, unless in special circumstances the city council approves a local residential street with a smaller minimum radius in which case the developer shall pay any additional cost of installing the water and sewer lines caused by the smaller radius.

(m)

Alley Easements Required. Alley easements shall be provided in all residential areas unless otherwise approved by the planning commission and in commercial and industrial districts. The planning commission may waive the requirement where other definite and assured provision is made for service access such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed.

(n)

Minimum Alley Width. The minimum right-of-way width of an alley shall be twenty (20) feet. The minimum gravel surface width of alleys shall be fifteen (15) feet.

(o)

Construction and Dedication of Internal Streets. Streets shall be constructed by the developer and dedicated to the city, along with all necessary right-of-way, with no pro-rata share from the city.

(p)

Turn Bypasses and Turn Lanes. Right-turn bypasses or left-turn lanes may be required at the intersection of collector streets if traffic conditions indicated they are needed. Sufficient right-of-way shall be dedicated to accommodate such lanes when they are required.

(q)

Street Names and Numbers. All street names shall be as established subject to approval of the planning commission. When streets are in alignment with existing streets, any new streets shall be named according to the streets with which they correspond. Streets that do not fit into an established street-naming pattern shall be named in a manner that will not duplicate or be confused with existing streets within the city or its environs. Street numbers shall be assigned by the building official in accordance with the uniform housing numbering system, as outlined in Article II, Section 6 of the Code of the City of Cortez, adopted 1982.

(a)

Utility Easements Required. Utility easements shall be provided in all residential areas unless otherwise approved by the planning commission and in commercial and industrial districts, except that the planning commission may waive the requirement where other definite and assured provision is made for service access such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed.

(b)

Minimum Width. The minimum right-of-way width of a utility easement shall be ten (10) feet respectively.

(c)

Utility Easements. Utility easements of ten (10) feet in width on each side of all rear lot lines and five (5) feet in width on each side of side lot lines shall be provided where necessary. Where the rear or side lot lines abut property outside of the subdivision on which there are no rear or side lot line easements at least five (5) feet in width, the easements on the rear and side lot lines in the subdivision shall be ten (10′) feet in width.

(d)

Potable Water and Sewer Easements. Water and sewer easements shall be a minimum of twenty (20) feet in width.

(e)

"T" Intersections and Cul-de-Sacs. Easements twenty (20) feet in width shall be provided in "T" intersections and cul-de-sacs for the continuation of utilities or drainage improvements, if necessary.

(f)

Fire Lanes and Emergency Access Easements. Fire lanes and emergency access easements twenty (20) feet in width shall be provided where required by the fire marshal.

(g)

Drainage Easements. When a proposed subdivision is traversed by an irrigation ditch or channel, natural creek or stream or a proposed drainage easement, there shall be provided an easement sufficient for drainage and to allow for maintenance of the ditch. The easement must be supported by a drainage plan as set forth in Section 4.06 of this chapter.

(h)

Adjoining Areas. When easements in areas adjoining proposed subdivisions are necessary to provide adequate drainage thereof or to serve such subdivisions with utilities, the developer shall obtain such easements.

(a)

Purpose. The requirements for open space, school sites, park and recreational areas contained in this section are intended to ensure that in the city there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents of the development for open space, school sites, and parks, containing passive or active recreational areas that are reasonably attributable to such development.

(b)

Applicability. Every subdivision shall include a dedication of land to the city, or other entity, as determined by the city council, to be used for parks and recreation, open space, school sites, or cash-in-lieu of such dedication in an amount established by this section as a condition of final plat approval and prior to the recording of a final plat. This requirement may be waived for developments, that in the sole estimation of the city, have:

(1)

Demonstrated an embodiment of the goals of the comprehensive plan;

(2)

Call for development exceeding the minimum standards required for such developments; and

(3)

Which will implement the city's future land use plan.

(c)

Dedication Requirement. The obligation of the developer shall be to dedicate to the city at least five percent (5%) of the gross land area in fee simple, or other equivalent consideration, unless such a land dedication was required for the subject land at the time of annexation or waived by the city for the reasons stated in subsection (b) of this section.

(1)

Prior to submittal of the preliminary plat, the developer shall inform the Cortez-Montezuma school district of his intentions to subdivide, and if deemed necessary by the district, reserve land suitable for future school usage.

(2)

If the city council finds that park lands proposed to be privately owned and maintained are in the public interest and meet the needs of the neighborhood, up to seventy-five percent (75%) credit toward the dedication requirement otherwise due may be allowed for privately owned, common open space.

(d)

Specifications.

(1)

Land dedicated or otherwise set aside for open space, school sites and park and recreational areas shall be of such size, dimensions, topography, and general character as is reasonably required for the type of use necessary to meet the demand and need of future residents, e.g., school sites, open space buffer, public trails, active recreation for team or individual sports, playground, tot lot, picnic area, etc.

(2)

Unique natural areas or flood prone areas that provide an opportunity for linkage parks may be included in areas dedicated or otherwise set aside or reserved for open space. Wetlands, or other sensitive areas, as identified by Sections 2.02, 5.05 and 6.04 of this code may be included in this category.

(3)

The shape and slope of sixty percent (60%) of the land shall be such that it will be useable, for active recreational activities such as baseball, tennis, football, and sports. The area shall be dry, seeded for grass, and have a slope not exceeding three percent (3%) grade. Provided, however, that this requirement may be waived by the city council if the recreational requirements of a subdivision or development are met elsewhere, if the land is better used in other activities, or if such area have unique natural, environmental or historic value.

(4)

Unique natural areas or flood prone areas that provide an opportunity for linkage parks may be included in areas dedicated or otherwise set aside or reserved for open space.

(5)

No land dedicated or otherwise reserved in compliance with this section shall have dimensions smaller than one hundred (100) feet in width and one hundred fifty (150) feet in depth, without the specific approval of the city council; or

(6)

The city, at its sole discretion, may elect to use the dedicated land for any municipal, school or other public function deemed necessary. Such use shall be compatible with surrounding use.

(7)

All lands to be dedicated must have access via a minimum 50-foot right-of-way and also must accommodate connection of all utilities necessary to operate the dedicated land as a public park or recreation area.

(8)

Developer and/or owner shall supply signage designating this area as public land. The selection and type of signage shall be approved by city council.

(e)

Platting Requirements. Any land dedicated for open space, school sites, or park and recreational areas shall be shown on the face of a plat submitted for approval by the planning commission and city council.

(1)

Pins to be Installed. Each corner of the park land to be donated shall be marked with permanent monument consisting of three-fourths (¾) inch iron pins set in concrete. These shall be located and identified on a recordable land survey completed by a land surveyor registered in the state of Colorado and provided to the city by the owner and/or developer.

(2)

Plat to be Recorded. Upon approval by the city council, such plat shall be filed of record in office of the Montezuma County clerk and recorder.

(f)

Payment of Cash in Lieu of Dedication. Payment of cash in-lieu of dedication of land for park and recreational purposes shall be made prior to the recording of a final plat and shall be subject to the following provisions.

(1)

Applicability. In any case in which the subdivision is less than 20 acres, or where the land required to be dedicated or otherwise reserved by this section would be less than one (1) acre, and in all cases in which the city council may find that the park and recreational needs of a proposed development would be better served by a park in a different location or the expansion or improvement of an existing park or recreational area, the city council shall require a developer or developers to pay the city cash in lieu or to dedicate or convey other equivalent consideration in lieu of applicable cash dedication.

(2)

Schedule for Cash in Lieu. The amount of cash payment required shall be based on the market value of number of acres that otherwise would be required to be dedicated. The city council, following recommendation by the planning and zoning commission shall, by resolution, set the per-acre fee for dedicated land based upon the current fair market value for raw lands adjacent to the city of Cortez, utilizing an average per-acre value calculated over the previous five years. The five-year per-acre value and the corresponding cash-in-lieu fee shall be reviewed and updated annually at the adoption of fees and charges for city services.

(3)

Accounting, Expenditure and Refunds. All such payments of cash in-lieu fees shall be accounted for and spent according to the following requirements.

a.

Cash in-lieu payments shall be segregated in a special parks and recreation capital improvement fund to be spent on a first in, first out basis and used only for the acquisition and improvements of open space, school sites, and park and recreational areas within the city that will meet the needs of the residents of the development or subdivision in respect of which such payment was made;

b.

Cash in-lieu payments shall be expended on the acquisition or improvement of open space or park land within reasonable proximity to the proposed development or subdivision from such development or subdivision; and

c.

If cash in-lieu payments are not expended or unconditionally committed to be expended within ten (10) years of receipt, the developer or developers shall be entitled to a refund of the amount paid upon written request by the developer or developers filed with the city clerk within one (1) year after the right to such refund arises.

(g)

Maintenance of Private Parks.

(1)

If the open space and park and recreational areas required by this section are to remain private, such areas shall be maintained by and deeded to a homeowners' association, or a trustee. No plat containing a reservation of private open space and park and recreational areas shall be approved until the applicant shall have filed with the city a declaration of the covenants and restrictions that will govern such association or trustee, and received approval of the same from the planning commission and the city council. Such instrument shall be approved by the city attorney as to legal form and effect, and by the planning commission and city council as to the suitability of the proposed use of the proposed open space and park and recreational areas.

(2)

The covenants and restrictions, when submitted, shall provide for establishment of the homeowners' association or trust, and shall further provide that the covenants and restrictions and maintenance shall be permanent, that the homeowners are liable for the payment of maintenance fees and capital assessments, that unpaid homeowners' fees and assessments will be a lien on the property of the delinquent homeowners, that the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance, that membership shall be mandatory for each homeowner and any successive buyer, and that each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions.

(h)

Payment of Cash in Lieu of Dedication. The cash in lieu of open space, park and recreation areas or school land dedication collected by the city of Cortez shall be shared with the Montezuma Cortez School District RE1, with the school district to receive 20% of, and the city of Cortez to receive 80% of any cash in lieu of fee paid. Any monies collected shall be paid to the Montezuma Cortez School District RE1 quarterly.

(Ord. 1096, 2007)

(Ord. No. 1150, 6-28-2011)

(a)

Adequate Drainage Required. A developer shall provide, at his expense, drainage structures that will become integral parts of the existing street or roadway drainage system, and the dimensions of all drainage structures must be approved by the city public works director prior to installation. The developer shall show that the drainage plan complies with existing master drainage plan of the city and failure to provide such proof will constitute grounds for denial of the application. Drainage structures and ditches shall be of a size and nature sufficient to carry the calculated storm water from streets, roadways and open drainage areas as based on standard engineering principles. A grading and drainage plan as described below shall accompany any application that may require a drainage study. The plan shall be prepared, signed and sealed by a professional engineer of the state of Colorado and include, at a minimum, the following information:

(1)

Project site, including two hundred feet beyond its boundaries;

(2)

Existing contours at two foot intervals shown as dashed lines;

(3)

Proposed contours at two foot intervals shown as solid lines;

(4)

Indication of a permanent benchmark referenced to mean sea level;

(5)

Drainage system shown in plan view with estimated cubic feet per second flow for a ten-year storm;

(6)

Location of all natural drainage channels and water bodies;

(7)

Existing and proposed drainage easements;

(8)

Type, size, and location of existing and proposed drainage structures such as pipes, tiles, culverts, retention ponds, detention areas, etc.;

(9)

One hundred-year (base) flood areas;

(10)

Additional grading and drainage standards may be required in the Zone A Flood Zones to satisfy Federal Emergency Management Administration requirements;

(11)

Erosion Control Plan showing adequate sedimentation control which shall be accomplished throughout construction phases as well as during the ongoing operation of the use and any permanent sedimentation control structures and/or facilities to mechanically stabilize the soil (e.g., sedimentation ponds, dikes, seeding, retaining walls, rip-rap, etc.); and

(12)

Flood Hazards.

(b)

Minimum Standards. All provisions for drainage and flood control shall be established at a minimum to handle the anticipated 100-year frequency storms for maximum period of intensity over the entire drainage basin, which the subdivision serves, and they shall be made in accordance with the approved improvement plan. The 100-year floodplain referred to herein shall mean that floodplain calculated on the basis of a fully-developed watershed, regardless of any regulated floodplain designations.

(c)

Erosion. Where free fall of water occurs, satisfactory means shall be provided to prevent erosion of soil. Culverts shall have concrete head walls and wing walls where conditions require.

(d)

Catch basins. Standard drop inlet catch basins shall be constructed.

(e)

Engineered Design. The city requires that improvements be designed by a Colorado registered engineer.

(f)

Water and Sewer System Protection. Water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.

(g)

Retention Areas. For control of on-site drainage that may impact downstream flows from storm run-off, the developer may be required to construct retention areas. It may be necessary for the developer to supply, at his expense, a drainage plan to support the size or absence of retention areas on the site, as described in this section.

All municipal water service shall be subject to the requirements of the Municipal Code of the City of Cortez. All potable water lines, fire hydrants and appurtenances shall be designed and constructed to meet the currently applicable requirements of the city and the Cortez fire protection district. Fire hydrants shall be provided to serve new subdivisions sufficient to maintain a Class 7 fire rating by the Insurance Service Office ("ISO").

Sanitary sewer service and facilities shall be provided by and meet all requirements of the Cortez sanitation district.

All utilities shall be placed underground, except transformers, switching boxes, terminal boxes, and similar facilities.

(a)

In addition to the drainage study described in Section 4.06 of this chapter, other reports or studies may be required. Evidence establishing soil suitability in the form of a report based on information from the National Resource Conservation Service (NRCS) of the United States Department of Agriculture (USDA) or another form acceptable to city staff will be required as part of the submittal documents. At a minimum, the report shall include: a description of soil types, locations and characteristics with supporting soil maps, soil logs of test pits and auger holes, and other information necessary to determine soil suitability for the scope of the development; constraints on development based on the findings; and analysis and evaluation of such information with recommendations regarding structural constraints, erosion control and a determination of the adequacy of the characteristics of the soil as they relate to the proposed uses and development.

(1)

The surface mapping report of the area shall be accompanied by a written narrative and map that is titled, dated and signed by a Colorado licensed professional engineer. The report must address the above concerns and any geological or flood hazards/limitations.

(2)

Subsurface soils investigations shall include a map locating test pits or auger holes.

(3)

The scope and detail of the soils analysis shall be determined by the Colorado licensed professional engineer.

(b)

Because the utility plan, roadway plan, grading and drainage and erosion control plans are interrelated with the soils investigation plan, they may be shown on the same sheet of the submitted plans if it does not result in undue confusion and congestion on the plan sheet.

(a)

General. This section provides a means of public/private partnering to maintain desired features of new residential subdivisions that serve necessary functions of stormwater detention structures and safety and aesthetic improvements, such as street medians, pedestrian lighting, and landscaped areas that will impact individual staffing and budgets of specific city departments through:

1.

Establishment of a fee to provide moneys in order to form a partnership with the developer to provide for maintenance of such improvements as:

a.

Landscaped street medians and roundabouts;

b.

Special pedestrian lighting that is not in conformance with current lighting assemblies; and

c.

Special or unusual structures used to distinguish entryways and landmarks in specific developments.

2.

Providing a means for individual developments to financially contribute to maintenance of unique improvements that may generate impacts upon the city's revenues that would otherwise be publicly subsidized.

(b)

Definition. For the purpose of this section, this "improvement assessment fee" is defined as "legislatively adopted, specifically applicable, on-going fees applied to improvements in all new development that will be served by the residents of a specific development for which the fee is collected."

These assessments are not "land development fees" that are defined as "legislatively adopted, generally applicable, one-time fees applied to all new development that will be served by the public improvements or services for which the fee is collected."

Improvement assessment fees may be instituted at the sole discretion of the city council, although only at the developer's request:

1.

When a developer adds improvements or structures that are beyond what the city would normally maintain, the cost of such maintenance shall be assessed against the purchaser/owner of each said lot or property within the subdivision.

2.

Determining Fee Amounts. The improvement assessment fee for median and detention areas shall be based on the costs to the city for staff time and other costs associated with standard care procedures (water costs, mowing, fertilizing, etc.) to maintain one acre of planted grass or sod. This fee shall be adjusted to reflect alterations to the total grass area if xeriscape, gravel, or decorative concrete is utilized and shall be reviewed annually by council.

a.

Fees for pedestrian lighting and maintenance of all elements of the lights shall be based on the costs associated with repair and replacement of pole and bulb elements and shall include staff time involved in the execution of the activity.

b.

Fees shall be reviewed, increased or decreased by the city council by resolution.

3.

The charge of the assessment shall be added to the monthly water bill.

4.

When assessments are required to pay for the costs of these improvements or structures, the final plat of the subdivision shall have it clearly noted that it is subject to the assessment described herein. There shall also be a description of what is generating the assessment, i.e., medians, pedestrian lighting, etc.

5.

Any property owner who fails to pay their assessment shall be subject to a lien against their property. Such lien shall be filed with the Montezuma county clerk and recorder and forwarded to the county assessor for collection with regular property taxes.

6.

Accounting, Expenditure and Refunds. All such payments of improvement fees shall be accounted for and spent according to the following requirements:

a.

Improvement fees shall be segregated in a revenue line item in the general fund to be spent for the maintenance and repair of such improvements as open space/detention areas, medians, pedestrian lighting and possible other amenities that will meet the needs of the residents of the development or subdivision in respect of which such payment was made.

(Ord. 1091, 2007: Ord. 1069, 2006)