A.

The provisions of this chapter shall apply to any and all development of land within the municipal boundaries of the city, unless expressly and specifically exempted or provided otherwise in this code. No development shall be undertaken without prior and proper approval or authorization pursuant to the terms of this code. All development shall comply with the applicable terms, conditions, requirements, standards and procedures established in this section and this code.

B.

This section establishes procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the Master Plan, this code and applicable regulations, policies and other guidelines.

C.

For purposes of this chapter, next available meeting shall mean the next regularly scheduled meeting at which there is adequate time remaining on the proposed agenda for consideration of the sketch plan. Also for purposes of this chapter, shall will always be mandatory and directory while the meaning of may will always be permissive.

(Ord. 962 §§1, 2, 2007)

A.

This chapter is designed and enacted for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the city by:

1.

Assisting orderly, efficient and integrated development of the city.

2.

Promoting well-planned neighborhoods that enhance the city's built environment.

3.

Preventing and controlling erosion, sedimentation and other pollution of surface and subsurface water.

4.

Encouraging the proper arrangement of streets in relation to existing or planned streets and ensuring that streets facilitate safe and efficient walking, biking and driving.

5.

Providing a variety of lot sizes in every neighborhood.

6.

Protecting sensitive natural and historic areas and the city's environmental quality.

7.

Providing for adequate and convenient open spaces for traffic, utilities, access of emergency apparatus, recreation, light and air and for the avoidance of congestion of population.

8.

Providing for adequate stormwater management.

9.

Providing adequate spaces for educational facilities.

10.

Providing protection from geologic hazards and flood-prone areas.

11.

Ensuring compliance with this code and the Moffat County/City of Craig Master Plan (hereinafter referred to as "Master Plan").

12.

Regulating such other matters as the city council may deem necessary in order to protect the best interest of the public.

(Ord. 962 §§1, 2, 2007)

A.

All plans of streets or highways for public use, and all plans, plats and replats of land laid out in subdivision or building lots, and the streets, highways, alleys or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the city for review and subsequent approval, conditional approval or disapproval.

B.

No plat shall be recorded in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the city council. Acceptance of proposed dedications to the public shall require separate action of the council.

(Ord. 962 §§1, 2, 2007)

A.

Major subdivisions.

1.

Definition. A major subdivision is a subdivision which includes one (1) or more of the following:

a.

Dedication of public right-of-way or other public tracts;

b.

The entire tract to be subdivided is greater than six (6) acres; or

c.

The subdivision consists of more than six (6) lots.

2.

Major subdivision process. The major subdivision process is as follows:

a.

Sketch plan.

1)

Application submittal.

2)

Staff certifies that the application is complete.

3)

Planning commission review and recommendation at a regular meeting.

4)

City council action at a regular meeting.

b.

Preliminary plat.

1)

Application submittal.

2)

Staff certifies that the application is complete.

3)

Staff refers the application to parties of interest.

4)

Letters of commitment to serve.

5)

Final staff review and report to the planning commission.

6)

The city schedules a planning commission meeting and completes the public notification process.

7)

Planning commission meeting and recommendation.

8)

City council action after public hearing.

c.

Final plat.

1)

Application submittal.

2)

Staff certifies that the application is complete.

3)

Staff refers the application to parties of interest.

4)

Final staff review and report to the planning commission.

5)

The city schedules planning commission review at a regular meeting.

6)

Planning commission review and recommendation. Recommendation for approval must have no conditions attached.

7)

Applicant submittal of all documents in final form.

8)

City council review and action.

9)

City records final plat, subdivision improvement agreement and covenants (if applicable) with the county clerk and recorder.

10)

Post approval actions.

B.

Minor subdivisions.

1.

Definition. A minor subdivision is a subdivision which includes any one (1) or more of the following:

a.

The property has previously been platted;

b.

There is no public right-of-way dedication;

c.

The entire tract to be subdivided is six (6) acres or less in size; or

d.

The resulting subdivision consists of six (6) or fewer lots.

2.

Process. The minor subdivision process is as follows:

a.

Application submittal.

b.

Staff certifies that the application is complete.

c.

Staff refers the application to parties of interest.

d.

Letters of commitment to serve.

e.

City schedules public meeting and completes public notification process.

f.

Planning commission review and recommendation.

g.

City council review and action after public hearing.

h.

Applicant submittal of all documents in final form.

i.

City records minor subdivision plat.

C.

Administrative subdivisions.

1.

Definition. An administrative subdivision is an amendment of all or a portion of a recorded subdivision for the purpose of any of the following:

a.

Correct a drafting or other technical error on a recorded subdivision plat; or

b.

Adjust one (1) or more lot lines on a recorded subdivision plat where:

1)

The boundaries of four (4) or fewer lots are changed;

2)

No lots are created that will result in justification for a zoning variance or an exception to the subdivision regulations.

2.

Process. The administrative subdivision process is as follows:

a.

Final plat.

1)

Application submittal.

2)

Staff certifies that the application is complete.

3)

Staff reviews the application and forwards comments to commission.

4)

Applicant addresses staff and commission comments.

5)

Applicant submits the completed final plat.

6)

Staff publishes notice and posts property at least ten (10) days prior to administratively approving the plat.

7)

City records the final plat with the county clerk and recorder.

(Ord. 962 §§1, 2, 2007)

A.

Sketch plan purpose. The sketch plan is a broad concept that describes in general terms what the applicant envisions. The purpose of the sketch plan is three-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 his or her development plans, explain how the plans will further the community's vision and obtain input and direction from the planning commission early in the process. Third, it gives the applicant an opportunity to hear comments and concerns from the planning commission and others prior to engaging in project design. The goal of the sketch plan process is to help the applicant develop a plan that reflects the goals and vision of the city.

B.

Sketch plan application process.

1.

Sketch plan application submittal. The applicant shall submit the completed sketch plan application package to the city. The application must be submitted at least thirty (30) days prior to the planning commission meeting at which the application will be reviewed. The sketch plan application package shall include the following items:

a.

Land use application form.

b.

Application fee.

c.

Title commitment. The title commitment must be dated no more than thirty (30) days from the date of sketch plan application submittal.

d.

Context/vicinity map. Fifteen (15) twenty-four- by thirty-six-inch copies. The context/vicinity map shall show the proposed subdivision in relation to the surrounding area (one-half-mile radius around the property). The full-size map shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:

1)

Title of project.

2)

North arrow, scale (not greater than 1" = 1,000') and date of preparation.

3)

Boundary of the proposed project.

4)

Existing (for developed land) or proposed (for vacant/agricultural land) land uses for the properties shown on the map (i.e., residential, commercial, industrial, park, etc.); labeling land use and whether it is existing or proposed.

5)

Major streets (show and label street names).

6)

Existing public water and sewer lines and proposed connections.

7)

Regional open space/trail networks per the Master Plan.

8)

Major ditches, rivers and bodies of water.

9)

Adjacent properties identified by subdivision name or zoning district.

e.

Sketch plan. Fifteen (15) twenty-four-by-thirty-six-inch copies. The full-size sketch plan shall be twenty-four (24) inches high by thirty-six (36) inches wide and clearly show:

1)

Title of project.

2)

North arrow, scale (not greater than 1" = 200') and date of preparation.

3)

Vicinity map.

4)

Legal description.

5)

Acreage of property.

6)

USGS topographic contours.

7)

Location and approximate acreage of proposed land uses.

8)

Existing easements and rights-of-way on or adjacent to the property.

9)

Existing streets on, or adjacent to, the property (show and label street name).

10)

Note indicating how the public dedication will be met.

11)

Table providing the following information for each proposed land use area: total acreage; proposed density or floor area ratio; proposed number of dwelling units; and approximate size of proposed residential lots.

12)

Proposed collector and arterial streets.

13)

General locations of existing utilities on or adjacent to the property.

14)

Graphic and/or written explanation of how the property will be served with utilities.

15)

Location of any proposed sewer lift stations.

16)

Trails - show how the development will tie into the regional trails network.

17)

Floodplain boundary with a note regarding the source of information (if a floodplain does not exist on the property, this must be stated).

18)

Geologic hazard areas.

19)

Existing and proposed zoning on and around the property.

20)

Land use table - the table shall include: land uses, approximate acreage of each land use and percentage of total for each land use.

f.

Conceptual landscape plan. Fifteen (15) twenty-four-by-thirty-six-inch copies. The conceptual landscape plan shall be a generalized graphic and written description of how landscaping will enhance public rights-of-way and other public spaces within the subdivision. Descriptions or drawings should outline planting and irrigation plans, plant species, the use of berms, walls or fences on the site, erosion control and weed control.

g.

General development information. Fifteen (15) copies. Provide a written description of the existing conditions on the site and the proposed development. Include the following items in the description:

1)

Proposed number of residential lots or dwelling units, typical lot width and depth (not needed if information is shown on the sketch plan).

2)

General description of plan for drainage and stormwater management.

3)

Statement indicating whether or not any commercial mineral deposits are located on the site.

4)

Description of any floodplain hazards on the site (only if additional information is needed than what is shown on the sketch plan map).

5)

Description of how the proposed development complies with the Master Plan.

h.

Soils report and map. The report and map shall be based on USGS Soils Conservation Service information and discuss the existing conditions and any potential constraints or hazards. The report shall also address any groundwater issues.

2.

Application certification of completion. Within ten (10) working days, staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package and resubmit the application to the community development director. The original application and all documents requiring a signature shall be signed in blue ink. Any review timeframes begin only after the submittal has been certified as complete. Any changes to the submittal after it has been certified as complete by the city restarts this step of the process.

3.

Planning commission review and recommendation. At a regular meeting not more than forty-five (45) days after the application has been certified as complete, the planning commission shall review the sketch plan application and recommend approval, approval with conditions or denial of the proposal to the city council.

4.

Council action. The sketch plan shall be presented to the city council for its review and action. The city council may approve, conditionally approve or deny the sketch plan based on the sketch plan review criteria.

C.

Sketch plan review criteria. The city shall use the following criteria in addition to other applicable provisions of this code to evaluate the applicant's sketch plan application:

1.

The land use mix within the project conforms to the city's zoning district map and/or Master Plan future land use map and furthers the goals and policies of the Master Plan.

2.

The sketch plan represents a functional system of land use and is consistent with the rationale and criteria set forth in this code and the Master Plan.

3.

The utility and transportation design is adequate, given existing and planned capacities of those systems.

4.

Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.

(Ord. 962 §§1, 2, 2007)

A.

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

B.

Preliminary plat application process.

1.

Preliminary plat application submittal. Upon approval or conditional approval of the sketch plan, the applicant shall submit the complete preliminary plat application to the city. The application must be certified as complete at least forty-five (45) days prior to the planning commission meeting at which the application will be reviewed. The application must also be submitted not more than twelve (12) months after approval of the sketch plan unless otherwise approved by the city council. The preliminary plat application package shall include the following items:

a.

Land use application form.

b.

Application fee.

c.

Title commitment. The title commitment must be current and dated no more than thirty (30) days from the date of preliminary plat application submittal.

d.

Mineral ownership report. Provide the city with a list of mailing labels not more than thirty (30) days old with the names and addresses of the mineral interest owners of record and mineral and oil and gas lessees for the property. The applicant shall certify that the report is complete and accurate.

e.

Preliminary plat. Fifteen (15) twenty-four-by-thirty-six-inch copies. The preliminary plat shall provide the following information:

1)

Title of project.

2)

North arrow, scale (not greater than 1" = 100') and date of preparation.

3)

Vicinity map.

4)

Names and addresses of owners, applicant, designers, engineers and surveyors.

5)

Legal description.

6)

Total acreage of property.

7)

Existing contours at two-foot intervals (contours shall be based on USGS datum).

8)

Names and locations of abutting subdivisions or owners of abutting property (if land is not platted).

9)

Lots, blocks and street layout with approximate dimensions and square footage for each lot.

10)

Consecutive numbering of all lots and blocks.

11)

Existing and proposed rights-of-way and easements on and adjacent to the property.

12)

Existing and proposed street names for all streets on and adjacent to the property.

13)

Existing and proposed zoning on and adjacent to the property.

14)

Location and size of existing and proposed sewer lines, water lines and fire hydrants.

15)

Existing and proposed curb cuts on and adjacent to the property.

16)

Location by field survey or aerial photography of existing and proposed water courses and bodies of water, such as irrigation ditches and lakes. Water courses shall include direction of flow.

17)

Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, state this on the plan).

18)

The boundaries of proposed phases of the subdivision if the final plat is intended to be submitted in multiple phases.

19)

General location of existing surface improvements, such as buildings, fences or other structures, which will remain on the property as part of the subdivision.

20)

Location and acreage of proposed parks, trails, playgrounds, schools or other public uses.

21)

Location, function, ownership and manner of maintenance of any private open space.

22)

Land use table including: land uses, approximate acreage of each land use type, and percentage of each land use type, including how public dedication requirement will be met.

23)

Total number of lots.

24)

Number of each type of dwelling unit proposed.

f.

General development information. Fifteen (15) copies. A written description of the existing conditions on the site and the proposed development, including the following items:

1)

Explanation of how the preliminary plat is consistent with the sketch plan and how the items of concern identified by the planning commission, city council and the public at the time of sketch plan review have been addressed.

2)

Explanation of how the plan is consistent with this code and the Master Plan.

g.

Preliminary grading and drainage plan and report. Five (5) copies. This plan and report must be certified by a state-registered professional engineer and include storm drainage concepts, such as locations for on-site detention or downstream structural improvements and soil erosion and sedimentation control plans and specifications. It must also discuss the impacts on and to any existing floodways and/or floodplains both on and adjacent to the site, as well as any FEMA applications required.

h.

Master utility plan. Five (5) copies. This plan shall be prepared by a registered professional engineer. It is necessary that the engineer consult with the appropriate utility service providers regarding the design of all utilities through the subdivision.

i.

Preliminary landscape plan. Fifteen (15) twenty-four-by-thirty-six-inch copies.

j.

Traffic report. Five (5) copies. The applicant should discuss and address traffic patterns and impacts per staff direction.

k.

Draft of proposed covenants, if applicable. Fifteen (15) copies.

l.

Mineral, oil and gas rights documentation. Evidence that the surface owner has contacted all lessees of mineral, oil and gas rights associated with the site and is working toward resolution of any claims. Included in the evidence must be the name of the current contact person and his or her phone number and mailing address.

m.

Soils report and map. Five (5) copies.

n.

Notification mailing list. Provide one (1) set of mailing labels for appropriate referral agencies, including:

1.

Qwest;

2.

Yampa Valley Electric;

3.

Moffat County;

4.

Craig Rural Fire Protection District;

5.

Mineral interests;

6.

Moffat School District;

7.

Atmos Energy;

8.

Ditch and irrigation companies;

9.

Bresnan Communications; and

10.

Property owners within 150 feet of project boundaries.

The applicant must provide address mailing labels matching the Avery 8160 format and certify to the city that the entire address list is correct and complete.

2.

Application certification of completion. Within ten (10) working days, staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the city. The original application and all documents requiring a signature shall be signed in blue ink. Any review timeframes begin only after the submittal has been certified as complete. Any changes to the submittal after it has been certified as complete by the city restarts this step of the process.

3.

Refer application to parties of interest. The city shall send summary information about the application to mineral owners, utility and service providers, nearby property owners and other parties of interest with a reasonable amount of time to allow those parties to respond to the application. The referral information shall include the time and place of the planning commission meeting, the nature of the meeting, the location of the property and the applicant's name.

4.

Commitment to serve. Prior to the planning commission meeting, the applicant shall provide the city with commitments to serve from all applicable agencies.

5.

Final staff review and report to planning commission. Staff will complete a final review of the project and then prepare a report to the planning commission explaining how the application is or is not consistent with the preliminary plat review criteria.

6.

Schedule preliminary plat review and complete public notification. The city shall schedule a meeting before the planning commission for the purpose of taking action on the preliminary plat. The community development director shall publish notice in a newspaper of general circulation. City staff will mail notices of the planning commission meeting to referral agencies and property owners within one hundred fifty (150) feet of the project boundaries. The planning commission meeting may be held a reasonable length of time from the date of posting the property, mailing of meeting notices and newspaper publication.

7.

Planning commission meeting and recommendation. The planning commission shall hold a public meeting to review the application based on the preliminary plat review criteria. The planning commission shall then make a recommendation to the applicant approving or denying the application.

8.

City council action. The preliminary plat shall be presented to the city council for its review and action. The city council may approve, conditionally approve or deny the preliminary plat based on the preliminary plat review criteria. Approval and conditional approval of a preliminary plat shall be effective for one (1) year unless otherwise approved by the city council. If the plat is denied, the plat or a substantially similar plat may not be considered by the planning commission for a period of one (1) year from the date of denial unless otherwise approved by the planning commission. If a final plat is not submitted within one (1) year or within such extended time as may be granted by the city council, a new preliminary plat must be submitted and processed according to this code before the city may act on a final plat.

C.

Preliminary plat review criteria. In addition to all provisions of this code, the city shall use the following criteria to evaluate the applicant's request:

1.

The application is substantially consistent with the approved sketch plan and incorporates the planning commission's recommendations and conditions of approval.

2.

The land use mix within the project conforms to the city's zoning district map and future land use map and furthers the goals and policies of the Master Plan.

3.

The utility, drainage and transportation design is adequate, given existing and planned capacities of those systems.

4.

Negative impacts on adjacent land uses have been identified and satisfactorily mitigated.

D.

Phasing. A preliminary plat shall designate the boundaries of phases for which separate final plats will be presented for approval. Each phase, either alone or in conjunction with previously approved and recorded phases, must meet all of the requirements of this code.

(Ord. 962 §§1, 2, 2007)

A.

Final plat purpose. The purpose of the final plat is to complete the subdivision of land consistent with the technical standards of the city.

B.

Final plat application process.

1.

Step 1: Final plat application submittal. The final plat application shall substantially conform to the preliminary plat as approved by the city council and shall meet all conditions of approval required by the city council. The final plat application for the first phase of development must be submitted not more than twelve (12) months after approval of the preliminary plat unless otherwise approved by the city council. The applicant shall submit a completed final plat application package to the city and request that the application be reviewed by the planning commission and city council. The final plat application shall include:

a.

Land use application form.

b.

Application fee.

c.

Title commitment. An updated title commitment, dated no more than thirty (30) days from the date of final plat application submittal.

d.

Final plat. Fifteen (15) twenty-four-by-thirty-six-inch copies. The final plat drawing shall comply with the following standards:

1)

The plat shall be prepared by or under the direct supervision of a registered land surveyor, shall be signed and stamped by said surveyor and shall meet applicable state requirements.

2)

Parcels not contiguous with each other shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.

3)

Lengths shall be shown to the nearest hundredth of a foot, and bearings shall be shown in degrees, minutes and seconds.

4)

The perimeter survey description of proposed subdivision shall include at least one (1) tie to an existing section monument of record and a description of monuments. The survey shown shall not have an error greater than one part in ten thousand (1:10,000).

5)

Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.

6)

Names and signatures of all owners of equitable interest in the property being subdivided shall be on the plat and shall be made in black drawing ink.

7)

The final plat shall provide the following information:

a)

Title of project.

b)

North arrow, scale (not greater than 1" = 100') and date of preparation.

c)

Vicinity map.

d)

Legal description.

e)

Basis for establishing bearing.

f)

Names and addresses of owners, applicants, designers, engineers and surveyors.

g)

Total acreage of subdivision.

h)

Bearings, distances, chords, radii, central angles and tangent links for the perimeter and all lots, blocks, rights-of-way and easements.

i)

Lot and block numbers, numbered in consecutive order, and square footage of each lot or tract.

j)

Parcels excepted from inclusion should be noted as "not included in this subdivision" and the boundary completely indicated by bearings and distances.

k)

Existing and proposed rights-of-way in and adjacent to the property (labeled and dimensioned).

l)

Existing and proposed street names for all streets on and adjacent to the property.

m)

Existing and proposed easements and their type in and adjacent to the property (labeled and dimensioned).

n)

Location and description of monuments.

o)

Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plat).

p)

Signature block for the registered land surveyor certifying to accuracy of boundary survey and plat.

q)

Signature block for certification of approval by the city council with a signature for the mayor and city.

r)

Certification of ownership

s)

Dedication of streets, rights-of-way, easements and public sites to the city.

e.

General development information. Fifteen (15) copies. Provide a written description confirming that the final plat conforms to the preliminary plat.

f.

Update of any plans or reports. Revisions to materials provided with the preliminary plat for which there was a change or condition.

g.

Special documents (as needed).

1)

Special agreements.

2)

Floodplain use permit (from city).

3)

State highway utility permit (from Colorado Department of Transportation).

4)

State highway access permit (from Colorado Department of Transportation).

5)

Construction dewatering permit (from Colorado Department of Public Health and Environment).

6)

404 Permit (from Army Corps of Engineers).

7)

Air Pollution Emission Notice (APEN) (from Colorado Department of Public Health and Environment).

8)

Work in ditch right-of-way permit (from individual ditch companies).

9)

Rare Species Occurrence Survey (from U.S. Fish and Wildlife Service).

10)

Draft Subdivision Improvement Agreement (SIA).

11)

Improvements guarantee. Cash, certified check or a letter of credit from a bank in the state or other acceptable collateral in the amount stipulated to in the SIA, posted in favor of the city in an amount sufficient to assure construction of public improvements for either part or all of the plat, as the city council shall determine.

12)

Protective covenants, homeowners' association (HOA) documents, articles of incorporation for HOA, and Architectural design guidelines, if any, finalized and in a form for recording. If there are open space areas to remain in private ownership within the subdivision, the HOA documents must have in place a mechanism which will assure maintenance will be funded in perpetuity.

13)

FEMA-approved applications (i.e., Conditional Letter of Map Revisions [CLOMR] or Letter of Map Revisions [LOMR]).

14)

Documentation showing who will own and maintain the open space.

15)

Documentation for dedication of public sites for open space or other civic purposes.

2.

Application certification of completion. Within ten (10) working days, staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the city. The original application and all documents requiring a signature shall be signed in blue ink. Any review timeframes begin only after the submittal has been certified as complete. Any changes to the submittal after it has been certified as complete by the city restarts this step of the process.

3.

Notice to referral agencies. In order to provide an opportunity for referral agencies to review final plats, the city shall send a referral packet to all referral agencies within a reasonable period prior to the planning commission's final plat review meeting.

4.

Final staff review and report to planning commission. Staff will complete a final review of the final plat and prepare a report to the planning commission explaining how the application is or is not consistent with the final plat review criteria.

5.

Planning commission public meeting and recommendation. The planning commission shall hold a public meeting to review the final plat based on the city's final plat review criteria. It shall then recommend approval or denial of the final plat application to the council.

6.

City council final plat public meeting and action. The final plat shall be presented to the city council for its review and action at a public meeting. The city council shall review the final plat based on the final plat review criteria. City council approval shall be by resolution.

7.

Original plats. The applicant shall submit to the community development director two (2) original, signed Mylars of the final plat ready for the mayor and clerk to sign and record, and final executed copies of all agreements. Original Mylars and documents shall become the property of the city.

8.

Complete engineering plans and specifications. After final plat approval by the city council, the applicant shall prepare and submit the following for administrative approval by the city:

a.

Construction plans and profiles. The plans and profiles shall be prepared by a registered professional engineer licensed in the state, shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:

1)

The horizontal to vertical scales shall be chosen to best depict the aspects of the design.

2)

Minimum horizontal scale: 1" = 100'.

3)

Minimum vertical scale: 1" = 10'.

4)

The typical road geometric and structural cross-section is to be shown on each plan sheet.

5)

The plan must show right-of-way lines and widths, road names, lot lines, tangent lengths and bearings, curve radii, delta angles, curve lengths, chord lengths and bearings, stationing at all beginning of curves and end of curves, intersections, structures, angles, curb lines, cross pans, traffic control devices (islands, striping, signs, etc.), drive cuts, curb returns and radii and all other features to enable construction in accordance with approved standards and standard engineering practice. Construction plans shall also include water, sewer, stormwater and any other utilities such as irrigation ditches.

6)

The profiles shall include ground lines, grade lines of curb and gutter or centerline of street elevation at the point of intersection of vertical curves, intersections and other critical points, structures and all other features required to enable construction in accordance with approved standards.

7)

Signature blocks for all utility providers unless otherwise provided in agreement form.

8)

Structure details. Sufficient data shall be given to construction of major structures and road appurtenances, such as bridges, culverts, gutters, drives, walks, cross pans, etc.; detail shall include orientation line and grade, cross-sections, dimensions, reinforcement schedules, materials, quality specification, etc.

9)

Sewage collection and water supply distribution plans, profiles and specifications. The plans, profiles and specifications for on- and off-site improvements shall be prepared by a registered professional engineer.

10)

Final drainage plans and reports. Based upon the approved preliminary drainage plan, a final report is to be submitted in accordance with applicable storm drainage design criteria as determined at the initial preapplication conference. The plan and report must provide:

a)

Cross-sections of each water carrier showing high water elevations for one-hundred-year runoff and adjacent features that may be affected thereby.

b)

Written approvals, as may be required, from other agencies or parties that may be affected by the drainage proposals (i.e., FEMA, Moffat County, ditch companies).

c)

Supporting calculations for runoffs, times of concentration, flow capacity with all assumptions clearly stated with proper jurisdiction when needed or requested.

d)

Erosion control plans, when required, to be submitted as a result of preliminary plan review.

11)

Final grading plan. The final grading plan shall be twenty-four (24) inches high by thirty-six (36) inches wide and illustrate existing and proposed contours and lot and block grading details (per FHA requirements if FHA insured).

12)

Soils reports. The soils reports (submitted after overlot grading is complete) shall detail paving design requirements.

13)

Final street lighting plan. A final street lighting plan shall be prepared in conjunction with applicable electric utilities and the city. The plan must specify the number, kind and approximate location of street lights.

b.

Final landscape plan.

c.

An electronic drawing file of the final plat on compact disc in a format specified by the city.

9.

Security for public improvements. The applicant shall provide to the city an irrevocable letter of credit or other security in a form approved by the city attorney, guaranteeing construction of and payment for all public improvements to be constructed within and necessary for the subdivision. The amount of the security shall be one hundred twenty-five percent (125%) of the estimated cost, as approved by the city engineer, of constructing all public improvements, unless otherwise provided in the SIA.

10.

Deed for public lands. The applicant shall submit to the community development director a warranty deed and title insurance for all lands dedicated to the city on the final plat and accepted by the city.

11.

Record final plat. Upon completion of all prior steps, the community development director shall record one (1) original Mylar of the final plat in the office of the county clerk and recorder.

12.

Post-approval actions. Prior to issuance of a building permit, the applicant shall submit the following documentation to the community development director:

a.

List of contractors. List of all contractors that will be performing the improvements.

b.

Proof of insurance. Proof of workers' comprehensive insurance and liability insurance for each contractor.

c.

Open space deed restriction. Areas designated as open space shall be protected by a deed restriction or other appropriate method to ensure that they cannot be subdivided or developed in the future and will remain as open space in perpetuity.

d.

Other certificates, affidavits, enforcements or deductions as required by the planning commission or city council.

C.

Final plat review criteria. In addition to all provisions of this code, the city shall use the following criteria to evaluate the applicant's final plat application:

1.

The final plat substantially conforms to the approved preliminary plat and incorporates required changes, modifications and conditions attached to the approval of the preliminary plat unless otherwise approved by the city council.

2.

The development shall comply with this code.

3.

All applicable technical standards have been met.

(Ord. 962 §§1, 2, 2007)

A.

Minor subdivision plat purpose.

1.

The purpose of the minor subdivision plat is to complete the subdivision of land consistent with the technical standards when the following conditions exist:

a.

The property has previously been platted within the city;

b.

There is no public right-of-way dedication;

c.

The entire tract to be subdivided is six (6) acres or less in size; and

d.

The resulting subdivision will produce six (6) or fewer lots.

B.

Minor subdivision plat application process.

1.

Minor subdivision plat application submittal. The applicant shall submit the completed minor subdivision plat application package to the community development director and request that the application be reviewed by the planning commission and city council. The minor subdivision plat application shall include:

a.

Land use application form.

b.

Application fee.

c.

Title commitment. A current title commitment, dated no more than thirty (30) days from the date of minor subdivision plat application submittal.

d.

Minor subdivision plat. Fifteen (15) twenty-four-by-thirty-six-inch copies. The minor subdivision plat drawing shall comply with the following standards:

1)

The plat shall be prepared by or under the direct supervision of a registered land surveyor and meet applicable state requirements.

2)

Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be included on one (1) plat, provided that all owners join in the dedication and acknowledgment.

3)

Lengths shall be shown to the nearest hundredth of a foot, and bearings shall be shown in degrees, minutes and seconds.

4)

The perimeter survey description of proposed subdivision shall include at least one (1) tie to an existing section monument of record and a description of monuments. The survey shown shall not have an error greater than one part in ten thousand (1:10,000).

5)

Bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.

6)

All signatures shall be made in black drawing ink.

7)

The minor subdivision plat shall provide the following information:

a)

Title of project.

b)

North arrow, scale (not greater than 1" = 100') and date of preparation.

c)

Vicinity map.

d)

Legal description.

e)

Basis for establishing bearing.

f)

Names and addresses of owners, applicant, designers, engineers and surveyors.

g)

Total acreage of subdivision.

h)

Bearings, distances, chords, radii, central angles and tangent links for the perimeter and all lots, blocks, rights-of-way and easements.

i)

Lot and block numbers, numbered in consecutive order, and square footage of each lot or tract.

j)

Parcels excepted from inclusion noted as "not included in this subdivision" and the boundary completely indicated by bearings and distances.

k)

Existing rights-of-way in and adjacent to the subject property (labeled and dimensioned).

l)

Existing and proposed street names for all streets on and adjacent to the property.

m)

Existing easements and their type in and adjacent to subject property (labeled and dimensioned).

n)

Location and description of monuments.

o)

Floodplain boundary with a note regarding source of information (if a floodplain does not exist on the property, please state this on the plat).

p)

Certificate blocks for signatures of owner, surveyor, utility providers and city approval, as applicable.

e.

General development information. Fifteen (15) copies. A written description addressing how the proposed development conforms to the city code and the Master Plan.

f.

Mineral property ownership report. A list of mailing labels (Avery 8160 format) not more than thirty (30) days old of the names and addresses of mineral interest owners of record and mineral and oil and gas lessees for the property. The applicant shall certify that the set of labels is complete and accurate.

2.

Application certification of completion. Within ten (10) working days, staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application to the community development director. The original application and all documents requiring a signature shall be signed in blue ink. Any review timeframes begin only after the submittal has been certified as complete. Any changes to the submittal after it has been certified as complete by the city restarts the process.

3.

Refer application to parties of interest. Within an appropriate timeframe, staff shall send information about the application by regular mail to: mineral interest owners of record, mineral and oil and gas lessees for the property, referral agencies, property owners within one hundred fifty (150) feet of the project boundaries and other parties of interest. The applicant will provide a referral mailing list on Avery 8160 mailing labels or equivalent and certify it as complete.

4.

Commitment to serve. Prior to the planning commission public meeting, the applicant shall provide proof of a commitment to serve from applicable utilities and agencies.

5.

Schedule minor subdivision public meeting and complete public notification process. The planning commission shall schedule a public meeting for the purpose of taking action on the minor subdivision. The community development director shall publish notice in a newspaper of general circulation.

6.

Planning commission public meeting and recommendation. The planning commission shall hold a public meeting to review the application based on the minor subdivision review criteria. The planning commission shall then make a recommendation to the city council to approve or deny the application.

7.

City council public hearing notice. The community development director shall publish notice in a newspaper of general circulation within a reasonable time prior to the meeting.

8.

City council public hearing and action. The minor subdivision plat shall be presented to the city council for its review and action at a public hearing. The council may approve or deny the minor subdivision based on the minor subdivision review criteria. If approved, the applicant shall provide two (2) original Mylars of the plat ready for the mayor and clerk to sign and then record.

9.

Record minor subdivision plat. One (1) original Mylar of the minor subdivision plat shall be recorded by the city clerk in the office of the county clerk and recorder.

C.

Minor subdivision plat review criteria. The city shall use the following criteria to evaluate the applicant's request: The minor subdivision plat is in compliance with this code and the Master Plan.

(Ord. 962 §§1, 2, 2007)

A.

Site plan purpose. The site plan is a prerequisite to a building permit for all multi-family, commercial, business and industrial developments. The site plan shows how the lot will be developed so that the city can ensure that the site design will be in compliance with all city regulations.

B.

Applicability. A site plan is needed for a structurally altered building or structure where an increase in interior square footage of twenty percent (20%) or more is planned. A site plan is also required where off-street parking spaces over the minimal city requirements are proposed.

C.

Site plan process.

1.

Site plan application.

a.

Land use application form.

b.

Application fee.

c.

Site plan map. The site plan map (fifteen [15] copies) shall be a minimum of eighteen (18) inches by twenty-four (24) inches and shall provide the following information:

1)

Title of project.

2)

North arrow, scale (no greater than 1" = 50') and date of preparation.

3)

Vicinity map.

4)

Address of project.

5)

Legal description of property.

6)

Name, address and phone number of the property owner.

7)

Name, address and phone number of the person or firm responsible for plan.

8)

Lot size (square footage).

9)

Bearings and distances of all lot lines.

10)

Existing and proposed easements and rights-of-way.

11)

Existing and proposed paved areas and sidewalks on the site and in the adjacent rights-of-way, all dimensioned, showing how pedestrians will have access to the site and buildings.

12)

Gathering areas for people.

13)

Existing and proposed curb cuts on the site and in the adjacent rights-of-way (on both sides of perimeter streets), all dimensioned.

14)

Existing and proposed two-foot contours.

15)

Existing waterways on or adjacent to the site.

16)

Finished floor elevations for all structures.

17)

Footprint (including roof overhangs and eaves, decks, balconies, outside stairs and landings) of all proposed structures and their use, with their dimensions and locations noted with respect to the property lines.

18)

Existing structures and their use.

19)

Square footage of the proposed buildings and the footprint of the proposed buildings.

20)

Proposed structure height.

21)

For commercial and industrial uses, the type of activity and number of employees.

22)

For multi-family residential, the number of residential units and bedrooms per unit.

23)

Location of proposed signs and lights.

24)

Specifications for the signs and lights, including type, height and general conformance to this code. For commercial and industrial uses, a photometric plan prepared by a qualified electrical or lighting engineer shall be submitted that depicts all lighting fixtures and the light spread (in foot-candles) of these fixtures across the site to all property boundaries.

25)

Proposed traffic controls and striping for parking areas (all lanes, driveways and parking spaces must be dimensioned).

26)

Trash disposal areas and enclosures, including specifications for enclosures.

27)

Location and size of existing and proposed water and sewer service connections and tap sizes (including those for irrigation systems).

28)

Location and size of water and sewer lines to which the service connections will be or are made.

29)

Location and size of water meters.

30)

Location and size of backflow-prevention devices.

31)

Indication of how and where perimeter drain will drain (if one exists).

32)

Location of existing electrical lines and poles on or adjacent to the site.

33)

Location of proposed electrical service connection and meter location.

34)

Location of electric transformer.

35)

Location of all fire hydrants. If none exist on site, note distance and direction of the closest hydrant adjacent to the site within five hundred (500) feet.

36)

Location of detention/ retention areas and storm sewer infrastructure with the required drainage easements.

37)

The distance from the proposed buildings or structures to adjacent lot lines, easements and adjacent structures.

38)

A land use chart (table).

39)

Certificate blocks for signatures of owner, surveyor, utility providers and city approval, as applicable.

d.

Certified drainage report. A stormwater drainage report, including an erosion control study and plan, as applicable.

e.

Final landscape and open space plan

f.

Exterior elevations of proposed structures/graphic visual aids. Provide complete building elevations, drawn to scale, with illustrations of all colors and identifying major materials to be used in the structures. In addition, staff may require building floor plans, sectional drawings, perspective drawings, models and/or computer visualizations when the impacts of a proposal warrant such information.

g.

Mailing labels (Avery #8160 format) for property owners located within three hundred (300) feet of the boundary of the project.

2.

Application certification of completion. Within a reasonable period of time, staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package if necessary, and submit the required number of copies of the application to the city. The original application and all documents requiring a signature shall be signed in blue ink. Any review timeframes begin only after the submittal has been certified as complete. Any changes to the submittal after it has been certified as complete by the city restarts the process.

3.

Staff refers application. Staff will refer selected site plan materials to property owners of record within three hundred (300) feet of the property boundaries of the proposal and publish notice of the planning commission and city council public meetings a reasonable amount of time prior to those meetings.

4.

Commitment to serve. Prior to the planning commission meeting, the applicant shall provide the city with letters of commitment to serve from all utility providers that will be serving the property.

5.

Staff reviews application and prepares comments. Staff will review the site plan map to ensure that it is consistent with the site plan review criteria. Staff may consider comments received during the referral period in its review of the site plan. Following the review, staff will prepare a written report outlining any changes that the applicant must make before the site plan can be approved. This report will be forwarded to the applicant.

6.

Applicant addresses staff comments. The applicant shall make all necessary changes to the site plan and resubmit any revised copies to the city.

7.

Subdivision Improvement Agreement (SIA). Staff may require that the applicant execute a Subdivision Improvement Agreement to assure the construction of on-site and off-site improvements as a condition of approval of the site plan.

8.

Planning commission review and action. The site plan shall be presented to the planning commission for its review and recommendation to the city council at the planning commission's next available meeting. The planning commission may recommend approval, conditional approval or denial of the site plan based on the site plan review criteria.

9.

City council review and action. The site plan shall be presented to the city council with the recommendation of the planning commission. The citycouncil may approve, approve with conditions or deny the site plan based on the site plan review criteria. If the site plan is denied, the request, or one (1) that is substantially the same, may not be heard by the planning commission or city council for a period of one (1) year from the date of denial unless otherwise approved by the city council.

10.

Submit and record site plan. Upon approval by the city council, the applicant shall have thirty (30) days to submit two (2) original Mylar drawings of the approved site plan to the community development director.

11.

Post-approval actions.

a.

Building permit. A building permit shall be issued only when a site plan has been approved. However, with the approval of the city, an applicant may submit a building permit application concurrent with the site plan application. Building permits shall not be issued for any development that is not in conformance with the approved site plan.

b.

Phasing and expiration of approval. The site plan shall be effective for a period of three (3) years from the date of approval, unless stated otherwise in the written site plan approval. Building permits shall not be issued based on site plans that have an approval date more than three (3) years old. For multi-phased plans, building permits shall not be issued based on an approval date more than three (3) years from the date of Phase I approval.

D.

Site plan review criteria. In addition to all requirements of this code, the site plan must meet the following review criteria:

1.

All of the information required on a site plan is shown.

2.

The lot size and lot dimensions are consistent with what is shown on the approved final plat.

3.

No buildings or structures infringe on any easements.

4.

The proposed site grading is consistent with the requirements of any applicable adopted storm drainage criteria or master drainage plans.

5.

The density and dimensions shown conform to this code or the approved PUD requirements.

6.

The applicable provisions of this code have been adequately addressed and the proposed improvements conform to this code.

E.

Amendments to approved site plans.

1.

Minor variations in the location of structures, improvements or open space areas caused by engineering or other unforeseen difficulties may be reviewed and approved by staff. Such changes shall not exceed ten percent (10%) of any measurable standard or modify the use, character or density of an approved site plan. All plans so modified shall be revised to show the authorized changes and shall become a part of the permanent records of the city.

2.

Changes to approved site plans that exceed the ten-percent threshold, or other major modifications (such as changes in building size or footprint, relocation of access points, changes to required parking, etc.), shall be considered as a new site plan application. Such amendments shall require planning commission review and approval to become effective. A complete site plan application shall be prepared and submitted in compliance with the requirements set forth in this section.

(Ord. 962 §§1, 2, 2007)

Amendments to any lots, tracts or parcels, or the relocation or addition of streets within a previously recorded subdivision, shall be considered a resubdivision (also known as a "replat") and shall be prepared and submitted in compliance with the requirements for subdivisions as set forth in this chapter. Sketch plan, preliminary plat and final plat requirements may be waived at the discretion of the citycouncil.

A.

Agreements and improvements. A Subdivision Improvement Agreement (SIA) stating that the applicant agrees to construct any required public improvements shown in the final plat documents, together with security in a form approved by the city attorney, is required. No subdivision plat shall be signed by the city or recorded at the office of the county clerk, and no building permit shall be issued for development until an SIA between the city and the applicant has been executed. Such agreement shall include a list of all agreed-upon public improvements and landscaping, an estimate of the cost of such improvements, the form of guarantee for the improvements and any other provisions or conditions deemed necessary by the city council to ensure that all improvements will be completed in a timely, quality and cost-effective manner.

B.

Other agreements or contracts setting forth the plan, method and parties responsible for the construction of any required public improvements shown in the final plat documents may also be required.

C.

As required by this code, all applicable laws, rules and regulations, the applicant shall apply to the city for inspection of improvements.

D.

The following improvements shall be constructed unless waived by the city council.

1.

Road grading, structural section and asphalt/concrete surfacing.

2.

Curbs.

3.

Streetlights.

4.

Sidewalks.

5.

Sanitary sewer collection system.

6.

Storm sewers or storm drainage system, as required.

7.

Potable water distribution, including fire hydrants.

8.

Utility system (irrigation, electrical, etc.) for public parks and open space.

9.

Street signs at all street intersections.

10.

Permanent reference monuments and monument boxes.

11.

Underground telephone, electricity and gas lines.

12.

Required landscaping.

13.

Underdrains.

14.

Required floodway improvements.

15.

Required irrigation ditch improvements.

16.

Off-site improvements as required.

E.

Time for completion. The required time for the completion of all required improvements shall be two (2) years from the recording date of the final map or plat. However, the city council may extend such time for completion upon request from the applicant. Upon completion of such improvements within the required time and approval thereof by the city council, the city shall cause the cash or letter of credit to be released within thirty (30) days of the city's acceptance of such improvements and receipt of the required as-built drawings. When such improvements are not completed within the required time, the city may cause the proceeds of the cash or letter of credit to be used to complete the required improvements.

F.

Partial release of security. During construction of required improvements, the applicant may from time to time request the release by the city of a portion of the security for improvements that have been inspected and approved by the city engineer. The required warranty period shall commence upon completion and initial approval of all required improvements.

G.

Warranty. All workmanship and materials for all required improvements shall be warranted by the applicant as specified in the SIA and this code.

(Ord. 962 §§1, 2, 2007)