The ordinance codified in this title shall be known and may be cited and referred to as the "De Beque Land Use Regulations" and herein may be referred to as "these regulations," "this code," or "title 14."

(Code 1995, § 14.01.010)

(a)

The regulations in this title shall be held to be the minimum requirements enacted to promote the health, safety and general welfare of the Town. To these ends, such regulations have been prepared in accordance with the general plan of the Town, and are designed:

(1)

To lessen congestion in the streets;

(2)

To secure safety from fire, panic, flood waters and other dangers;

(3)

To provide adequate open spaces for light and air;

(4)

To prevent the overcrowding of land and undue concentration of population;

(5)

To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;

(6)

To designate, regulate and restrict the location and use of buildings, signs, fences, structures and land for residence, commerce, trade, industry and other purposes;

(7)

To regulate and limit the height, number of stories, and size of buildings, signs, fences, and other structures hereafter erected or altered;

(8)

To establish standards for off-street parking;

(9)

To divide the Town into zones of such number, shape, and area as may be deemed best suited to carry out these regulations.

(b)

This title is drawn with reasonable consideration, among other things, of the character of the Town, neighborhoods and other areas of the Town regarding the suitability for particular uses, to conserve the value of buildings and encourage the most appropriate uses of land throughout the Town, and to otherwise provide for the growth of an orderly and viable community.

(Code 1995, § 14.01.020)

This title is authorized by C.R.S. §§ 24-65-101 et seq., 29-20-101 et seq., and 31-23-101 et seq.

(Code 1995, § 14.01.030)

These regulations shall apply to all land and all land uses within the municipal boundaries of the Town.

(Code 1995, § 14.01.040)

This title is divided into separate chapters to address different aspects of these regulations. The headings and section titles in these regulations are for convenience only and are not intended to be used to interpret or give effect to any of the provisions of these regulations.

(Code 1995, § 14.01.050)

For all actions of the Town described in this title requiring public hearings, the applicant shall provide public notice and shall demonstrate that such public notice conforms to the following requirements:

(1)

Notice shall be sent by certified mail, return receipt requested, to all property owners within 200 feet of the property in question at least 15 days in advance of the hearing.

(2)

Notice of the hearing shall be published in a newspaper of general circulation within the Town at least 15 days in advance of the hearing.

(3)

In accordance with C.R.S. § 24-65.5-103, not less than 30 days before the date scheduled for the first public hearing for a development application (subdivision or special review use applications), the applicant shall provide notice to the owners of the mineral estate. Such notice shall be by certified mail, return receipt requested.

(4)

Notice shall be posted on the subject property at least 15 days in advance of the hearing.

(5)

All notices shall include:

a.

A statement of the nature of the matter being considered;

b.

The time, date and place of the public hearing;

c.

The agency or office and phone number where further information may be obtained; and

d.

A legal description of the subject property.

(Code 1995, § 14.01.060)

(a)

Purpose. The purpose of this section is to provide the procedures necessary to implement the provisions of C.R.S. tit. 24, art. 68, which article establishes a vested property right to undertake and complete development and use of real property under the terms and conditions of a site specific development plan.

(b)

Definitions. Unless modified in this subsection, the terms used in this section shall have the same meaning as set forth in C.R.S. § 24-68-102. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Site specific development plan means a plan that has been submitted to the Town by a landowner or such landowner's representative describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property, which plan shall create a vested property right. The following shall be considered site specific development plans:

(1)

If not indicated above, a site specific development plan shall mean the final approval step, irrespective of the name or designation of such approval, which occurs prior to building permit application; provided, however, the Town Board may by agreement with the applicant designate an approval step other than those indicated above, or the final approval step, to serve as the site specific development plan approval for a specific project.

(2)

The following are specifically excluded from, and shall not constitute, a site specific development plan: variances issued by the Board of Adjustment, sketch plans, preliminary plans, business licenses, floodway or flood plain permits, franchises, temporary use permits, any comprehensive master plan element, creation of improvement districts, zoning or rezoning, final architectural plans, or final construction drawings and related documents specifying materials and methods for construction of improvements.

Vested property right means the right to undertake and complete development and use of property under the terms and conditions of a site specific development plan.

(c)

Applications; approval by the Town.

(1)

Except as otherwise provided in this subsection, an application for approval of a site specific development plan as well as the approval, conditional approval, or denial of approval of a plan shall be governed only by the duly adopted laws and regulations in effect at the time the application is submitted to the Town. For purposes of this subsection, the term "laws and regulations" includes any zoning or development law of general applicability adopted by the Town as well as any zoning or development regulations that have previously been adopted for the particular parcel described in the plan and that remain in effect at the time of application for approval of the plan. In the event the application for a site specific development plan requires review and approval in multiple stages, the term "application" means the original application submitted at the first stage in any process that may culminate in the ultimate approval of a site specific development plan.

(2)

Notwithstanding the limitations contained in subsection (c)(1) of this section, the Town may adopt a new or amended law or regulation when necessary for the immediate preservation of public health and safety and may enforce such law or regulation in relation to applications for site specific development plans pending at the time such law or regulation is adopted.

(d)

Alternative creation of vested property rights. If any applicant desires an approval step, other than as defined in subsection (b) of this section, to constitute an approval of a site specific development plan with the effect of creating vested property rights pursuant to this section and C.R.S. tit. 24, art. 68, the applicant must so request at least 30 days prior to the date of said approval by the Town Board or Planning Commission, as applicable, is to be considered. Failure to do so renders the approval by the Town Board or Planning Commission, as the case may be, to not constitute an approval of a "site specific development plan" and no vested property right shall be deemed to have been created by such approval, except in the case of an approval as set forth in subsection (b) of this section.

(e)

Establishment of vested property rights; public notice required. A vested property right shall be deemed established with respect to any property upon the approval, or conditional approval, of a site specific development plan, following notice and public hearing, by the Town. A vested property right shall attach to and run with the applicable property and shall confer upon the landowner the right to undertake and complete the development and use of said property under the terms and conditions of the site specific development plan, as approved, including any amendments thereto. A site specific development plan shall be deemed approved upon the effective date of the Town's legal action, resolution or ordinance relating thereto. Such approval shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication, in a newspaper of general circulation within the Town, of a notice advising the general public of the site specific development plan approval and creation of a vested property right pursuant to this section and C.R.S. tit. 24, art. 68. Such publication shall occur no later than 14 days following approval.

(f)

Approval of site specific development plan; conditions.

(1)

The Town may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare, and failure to abide by such terms and conditions may, at the option of the Town Board, after public hearing, result in the forfeiture of vested property rights. This subsection shall be strictly construed.

(2)

Terms and conditions imposed or agreed upon may include, without limitation:

a.

Future approvals by the Town not inconsistent with the original approval;

b.

Approvals by other agencies or other governments;

c.

Satisfactory inspections;

d.

Completion of all or certain phases of a project by certain dates;

e.

Waivers of certain rights;

f.

Completion and satisfactory review of studies and reports;

g.

Payment of fees to the Town or other governmental or quasi-governmental agencies as they become due and payable;

h.

Payment of costs and expenses incurred by the Town relating to the approval;

i.

Continuing review and supervision of the plan and its implementation and development;

j.

Obtaining and paying for building permits, water taps and wastewater taps;

k.

Compliance with other codes and laws, including building codes, of general applicability;

l.

Construction of improvements or facilities for the use of future inhabitants or the public at large;

m.

Payment of any applicable impact fees; and

n.

Dedication of public or park land, common area or open space, with provision for its maintenance; or payment of a fee in lieu thereof.

(g)

Duration and termination of vested property rights.

(1)

A property right which has been vested pursuant to this section and C.R.S. tit. 24, art. 68 shall remain vested for a period of three years. This vesting period shall not be extended by any amendments to a site specific development plan unless expressly authorized by the Town.

(2)

Notwithstanding the provisions of subsection (g)(1) of this section, the Town is authorized to enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three years where warranted in the light of all relevant circumstances including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum.

(3)

Following approval or conditional approval of a site specific development plan, nothing contained in this section or C.R.S. tit. 24, art. 68 shall exempt such a plan from subsequent reviews and approvals by the Town to insure compliance with the terms and conditions of the original approval, if such further reviews and approvals are not inconsistent with said original approval.

(h)

Waiver of vested property rights. An applicant may waive a vested property right by separate agreement, which shall be recorded in the office of the County Clerk and Recorder. Unless otherwise agreed to by the Town, any landowner requesting annexation to the Town shall waive in writing any preexisting vested property rights as a condition of such annexation.

(i)

Subsequent regulation prohibited; exceptions.

(1)

A vested property right, once established as provided in this section and C.R.S. tit. 24, art. 68, precludes any zoning or land use action by the Town or pursuant to an initiated measure which would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development or use of the property as set forth in an approved site specific development plan, except:

a.

With the consent of the affected landowner;

b.

Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site specific development plan approval, and which hazards, if uncorrected, would pose a serious threat to the public health, safety, and welfare; or

c.

To the extent that the affected landowner receives just compensation for all costs, expenses and liabilities incurred by the landowner after approval by the Town, including, but not limited to, costs incurred in preparing the site for development consistent with the site specific development plan, all fees paid in consideration of financing, and all architectural, planning, marketing, legal, and other consultants' fees, together with interest thereon at the legal rate until paid. Just compensation shall not include any diminution in the value of the property which is caused by such action.

(2)

Establishment of a vested property right pursuant to law shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the Town, including, but not limited to, building, fire, plumbing, electrical, housing, mechanical, and dangerous building codes.

(j)

Payment of costs. In addition to any and all other fees and charges imposed by this title, the applicant for approval of a site specific development plan shall pay all costs incurred by the Town as a result of the site specific development plan review, including publication of notices, public hearing and review costs, when such costs are incurred apart and in addition to costs otherwise incurred by the Town or applicant for a public hearing relative to the subject property.

(k)

Other provisions unaffected. Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of this title pertaining to the development and use of property.

(l)

Limitations. Nothing in this section is intended to create any vested property right, but only to implement C.R.S. tit. 24, art. 68, as amended. In the event of the repeal of said article or judicial determination that said article is invalid or unconstitutional, this section shall be deemed to be repealed and the provisions hereof no longer effective.

(Code 1995, § 14.01.070; Ord. No. 324, § 2, 2006)

(a)

Each application shall be submitted with the fees set forth in this section for that application. The fees set forth in this section shall be considered a minimum for each type of application. To the extent these application fees do not provide sufficient funds to pay for outside professional services for the review of the application, the applicant will be charged the actual review costs, including, but not limited to, the costs of outside Town consultants and Town legal fees. All fees shall be due and payable upon submission, and all additional fees will be due and payable at such time as a statement is presented to the applicant.

(b)

As provided elsewhere in this Code, all costs of providing notice, including publication, mailing, and posting, shall be borne by the applicant.

(c)

Recording and filing fees imposed by the County Clerk and Recorder, and others, as a result of the application, shall be advanced by the applicant prior to the documents being tendered for recording.

(d)

Schedule of fees. Fees for the following land use applications may be established, modified, or amended from time to time by resolution of the Board of Trustees:

(1)

Annexation review fees.

(2)

Pre-application conference.

(3)

Major subdivision; sketch plan.

(4)

Major subdivision; final plan.

(5)

Minor subdivision.

(6)

Rezoning.

(7)

Zoning special review.

(8)

Zoning variance.

(9)

Mobile home parks.

(10)

Campgrounds.

(11)

Text amendments to this title.

(12)

Applications not listed.

(e)

(1)

All land use application fees, other fees and costs authorized by this title, and all actual review costs, including, but not limited to, the cost of outside Town consultants, engineers and Town legal fees shall constitute a lien upon any lot, land, building or premises which is the subject of a land use application until fully paid. If said fees and costs are not paid when due, the Town Treasurer may certify the amount of the same to the County Treasurer, to be placed on the tax list for the current year, and to be collected in the same manner as other taxes are collected, with 18 percent added thereto to defray the costs of collection, in accordance with C.R.S. § 31-20-105. All laws of the State for the assessment and collection of general taxes, including the laws for the sale of property for taxes and redemption of the same, shall apply.

(2)

In addition, failure to pay the fees and costs authorized by this title when due and owing shall constitute grounds to deny any pending land use application and shall also constitute grounds to revoke any prior land use approval related to such unpaid fees and costs.

(Code 1995, § 14.01.080; Ord. No. 412, § 1, 2011)

Amendments to these regulations may be proposed by any person who is an owner of real property in the Town, by the Town of Planning Commission or by the Board of Trustees. Amendments to these regulations shall be known as text amendments and will be reviewed by the Planning Commission and Town Board of Trustees as prescribed in chapter 14.24.

(1)

Zone district amendments. The Town may, from time to time, amend the number, shape or boundaries of any zone district or any regulation of or within such district, or any other provisions of this title.

(2)

Procedure. Amendments to this title shall be considered by the Planning Commission and the Town Board of Trustees pursuant to the requirements of chapter 14.24.

(3)

Protest. In case, however, of a protest against changes in regulations or restrictions, or changes in the zone district applicable to particular land, which protest is filed with the Town Clerk at least 24 hours prior to the Board of Trustees' vote on the change and is signed by the owners of 20 percent or more of the area of land which is subject to the proposed change or 20 percent or more of the area of land extending a radius of 100 feet from the land which is subject to the proposed change, disregarding intervening public streets and alleys, such changes shall not become effective except by the favorable vote of two-thirds of all the members of the Board of Trustees.

(Code 1995, § 14.01.100)

(a)

General requirements.

(1)

For every annexation, subdivision (except minor subdivisions) or residential or commercial development, the Board of Trustees shall require the dedication of certain sites for parks and recreation use or fee in lieu of dedication, and may require reservation of sites for school and other public purposes. Land dedicated may include the 100-year floodplain, national and State historical or natural features, and proposed public areas set aside in State, regional, County or Town comprehensive plans. Land dedicated shall not include sites for technical, private or public schools, or public agencies, sites for service organizations which are not open to the general public, and sites unsuitable for public use due to steep slopes, rock formations, adverse topography, utility easements, or other features which may be harmful to the health and safety of the citizens.

(2)

These requirements shall not apply in cases where satisfactory dedication arrangements were made and approved by the Board of Trustees at the time of annexation or previous subdivision of the same property.

(b)

Method and amount of land dedicated.

(1)

The subdivider shall convey to the Town by means of a final plat dedication, or shall deed land to be used for public recreation at locations designated by the Town in the following manner:

a.

The subdivider shall dedicate to the Town land in the ratio of seven acres for every 1,000 residents of the proposed subdivision or development;

b.

For the purpose of the foregoing requirement, the number of residents attributable to each subdivision shall be:

1.

Single-family dwellings: 3.5 residents per unit.

2.

Two-family dwellings: 3.0 residents per unit.

3.

Multifamily dwellings: 2.5 residents per unit.

(2)

In the case of commercial or industrial development, the subdivider or developer shall dedicate and convey to the Town by means of final plat dedication or deed, eight percent of the total gross lot area to be used as public recreation at locations designated by the Town.

(3)

A minimum of 80 percent of land dedicated shall lend itself to utilization for public recreation purposes which includes, but is not limited to, the following: play fields, tennis courts, picnic sites and boating areas.

(c)

Reservation of land for schools and other public agencies.

(1)

If requested by a public agency, the Board of Trustees may require a subdivider or developer to reserve land areas sufficient for development of school or other public agency facilities. A public agency includes the State, or any political subdivision thereof.

(2)

Land reserved shall, by the nature of its natural topography, soil condition and connecting utilities, lend itself to development of the desired facility.

(3)

Land reserved shall be purchased by the public agency at its fair market value as determined below, according to the following schedule:

a.

Within 90 days following approval of the final plat, the requesting agency and the subdivider or developer shall enter into an option agreement for a period of no greater than one year, with a renewal provision for one additional year.

b.

When the option is signed, the public agency shall deposit with an escrow agent an amount which shall be determined by the public agency and the developer to equal the actual costs and expenses, plus ten percent, of the costs of replatting the subdivision if the option is not exercised. In the event the public agency and developer cannot agree upon the estimated expenses, then the Town Board of Trustees shall make the determination. In the event the option is extended for an additional year, the public agency shall deposit an additional ten percent of the estimated costs and expenses with the escrow agent.

c.

For the purpose of this section, the fair market value of the land reserved shall be the value of the raw, undeveloped land, plus a proportionate share, as they benefit the reserved land, of the actual cost of the improvements required by the subdivider or developer.

d.

In the event the public agency and the subdivider or developer cannot agree as to the fair market value, the parties shall submit the matter to binding arbitration, under such rules and regulations as the Board of Trustees may, by resolution, prescribe.

(d)

Credit for private recreation facilities. The Town may give the subdivider or developer credit for private recreation facilities in the development, provided that:

(1)

The amount of land to be dedicated may be reduced by no more than 50 percent of the requirements of this section;

(2)

The Board of Trustees determines that the private recreation facilities offered will absorb a major portion of the recreational demands of the residents or employees of the proposed development;

(3)

The private recreation facilities will be constructed at the same time as or prior to the housing, industrial or commercial facilities in the development;

(4)

There are sufficient safeguards in the subdivision improvements agreement to insure that the private recreation facilities are completed at the same time as or before the remainder of the development.

(e)

Cash payment in lieu of dedication.

(1)

At the option of the Board of Trustees, the subdivider or developer may be required, on or before final passage of the ordinance approving the subdivision, to pay to the Town payment in cash or to transfer other property in lieu of land dedication. The amount of cash payment shall be as determined by this section for the land fee. If the Board determines to accept other property instead of, or as a partial payment toward the cash payment required hereunder, the Board shall determine the value of the other property.

(2)

Payment in lieu of land dedication shall be made prior to final approval of the ordinance approving the subdivision, and such payment shall be placed in a recreation fund to be established and maintained by the Town for the acquisition of land and for the improvement of parks, playgrounds and recreation areas in the Town, and may benefit the residents of the Town in general, as well as those of the proposed subdivision.

(3)

The fee which may be accepted in lieu of land dedication shall be established each year as of January 1 by the Board of Trustees upon a recommendation from the Planning Commission; provided, however, said fee shall be as set for the preceding year unless the Board of Trustees finds that the fee structure requires amendment due to land value increases or decreases. Fees shall be based on the average cost of vacant undeveloped residential land within the corporate limits of the Town.

(4)

In extraordinary circumstances, the Board of Trustees may authorize the deferral of the payment of cash in lieu of dedication as required by this section. In such event, the owner of the property shall agree with the Town, in such form as shall be acceptable to the Town Attorney, to pay such sums at the time of the issuance of any building permit or permits upon the property. Notice shall be given of such deferred payment by the recording of a mortgage or other security instrument with the Clerk and Recorder of the County. In no event, however, shall the deferral of any land dedication fee required by this section extend for a period of greater than five years from the date it would otherwise be payable. The developer shall agree to pay the higher of either the land dedication fee calculated in accordance with this section at the time originally owed, or at the time actually paid.

(Code 1995, § 14.01.110)

In their application and interpretation, the provisions of this title shall be held to be minimum requirements. This title is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of private agreements. Where this title imposes a greater restriction than that imposed by such existing provisions of law, contract, or deed, the provisions of this title shall control.

(Code 1995, § 14.01.120)

(a)

Required. No vacant land shall be occupied and used, and no building hereafter erected shall be occupied or used, until a certificate of occupancy has been issued by the Building Inspector.

(b)

Issuance for building use. A certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and shall be issued within ten days after the erection or alteration of such building shall have been completed in conformity with the provisions of these regulations and the building codes adopted by the Town.

(c)

Issuance for land use. A certificate of occupancy for the use of vacant land or the change in the use of land as herein provided shall be applied for before such land is occupied or used, and a certificate of occupancy shall be issued within ten days after the application has been made, provided such use is in conformity with these requirements.

(d)

Record; filing required; fee. A certificate of occupancy shall state that the building or land complies with all the building and health laws and ordinances and with the provisions of this title. A record of all certificates shall be kept on file in the office of the Town Clerk and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building affected. No fee shall be charged for an original certificate applied for coincident with the application of building permit. For all certificates or copies of the original certificate, there shall be a fee as set by Town Board of Trustees.

(Code 1995, § 14.01.130)

(a)

Required. No site preparation or building construction for any building shall be commenced without first obtaining a building setback and zoning clearance and a building permit. The Town issues the appropriate building setback and zoning clearance prior to issuance of a building permit. The County provides building inspection services for the Town. Building permit applications and the appropriate Town building setback and zoning clearance are submitted to the County for processing and scheduling of inspections.

(b)

Site plan required. All applications for building setback and zoning clearance and a building permit shall be accompanied by two copies of a site plan drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building to be erected, and the location of the building on the lot with reference to the legally established property lines and such information as may be necessary to provide for the enforcement of these regulations. For buildings within the RZD district except single-family dwelling units, and all the commercial and industrial districts, a site plan must be prepared and approved in accordance with the provisions of chapter 14.24. before building permits shall be issued. A record of such applications shall be kept in the office of the Building Inspector. Notice of approval of a building permit shall be posted on the subject property within 24 hours of such approval.

(c)

Review; public improvements.

(1)

All applications for zoning clearance and building permits shall be reviewed and processed by the Town Administrator to determine whether or not the proposed construction will require the installation or construction of public improvements, such as street paving, curbs, gutters, sidewalks, drainage facilities or other public improvements. In making his or her determination, the Town Administrator is authorized to consult any Town staff or outside consultants the Administrator deems necessary in his or her sole discretion. In the event the applicant does not agree to the public improvements required by the Town Administrator the applicant may appeal the decision to the Town Board of Trustees. The appeal must be submitted to the Town Clerk within 15 days of the issuance of the decision. Within 30 days of receipt of the appeal, the Board of Trustees shall review the public improvements requirement and determine the public improvements that must be completed as conditions of approval of a zoning clearance as part of the issuance of the building permit.

(2)

If the Town determines that the proposed construction makes necessary any such public improvements, the Town Clerk shall so inform the Building Inspector, and in such event, a condition shall be inserted in the building permit which shall require the construction of such public improvement or public improvements by the permittee, and the dedication thereof to the Town. The cost of such improvement shall be borne by the permittee, and the construction thereof shall be at the sole cost, risk and expense of the permittee, subject to the provisions of any applicable Town ordinance, regulation or policy. All such improvements are to be constructed in full compliance with the Town engineering regulations, design standards and construction specifications as may be adopted by resolution from time to time.

(d)

Drainage and grading plan required. Except for building permits for the construction or alteration of a single-family dwelling, all applications for a building permit shall be accompanied by two copies of a drainage and grading plan drawn to scale showing the actual dimensions and topography of the lot to be built upon as well as adjacent properties and other potentially affected properties, the size of the building to be erected, and the location of the building on the lot with reference to the existing and proposed surface topography of the site and other potentially affected properties and other such information as may be specified by the Town Engineer. The Engineer may, on a case-by-case basis, waive the requirement for submittal of a drainage and grading plan if, in the Town Engineer's opinion, the construction allowed by the building permit will not significantly alter the drainage in a manner that will affect adjacent properties, public infrastructure, or the proposed building.

(Code 1995, § 14.01.140; Ord. No. 292, § 1, 2004; Ord. No. 483, § 2, 2016)

(a)

Designated. It is unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any provision of this title or any amendment thereof. Any person, firm or corporation, either as owner, lessee, occupant or otherwise, who violates any of the provisions of this title or any amendment thereof or who interferes in any manner with any person in the performance of a right or duty granted or imposed upon him by the provisions of this title shall be guilty of a violation of this title.

(b)

Penalty. Any person, firm or corporation upon conviction of a violation of this title shall be guilty of a Class B municipal offense.

(c)

Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this title or other regulation made under authority conferred hereby, the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent any illegal act, conduct, business or use in or about such premises.

(Code 1995, § 14.01.150)

The Board of Trustees shall not approve a subdivision final plat application until a subdivision improvements agreement and related documents, setting forth financial arrangements to secure the actual construction of subdivision improvements required by the Board of Trustees, has been executed between the applicant or developer and the Town. The subdivision improvements agreement shall include a guarantee to construct all required development improvements together with collateral which shall be sufficient to make provision for the completion of the improvements in accordance with the subdivision engineering design and the development schedule. The Board of Trustees, on a case by case basis, may require that an applicant for a special review use or for a building permit enter into a development improvements agreement which shall include a guarantee to construct all required development improvements together with collateral which shall be sufficient to make provision for the completion of the improvements in accordance with the engineering design and the development schedule.

(1)

Construction of improvements. The applicant or developer, at its sole expense, shall design, purchase, and install all elements of all public and other necessary subdivision or development improvements whether such improvements are located within the subdivision or development property (on-site) or outside of the subdivision (off-site). The public and other necessary subdivision or development improvements shall be designed and built in conformance with the Town public works manual in effect as of the date of the subdivision improvements agreement or development improvements agreement, unless otherwise provided in the approved plans and specifications. All such public or other subdivision or development improvements shall be designed and approved by a registered professional engineer retained by the developer or applicant. All drawings and plans for such improvements shall be stamped by the engineer. Prior to the commencement of construction of subdivision or development improvements, the Town Engineer shall review and approve the drawings and plans.

(2)

Schedule of improvements to be constructed by developer or applicant. The subdivision improvements agreement or the development improvements agreement shall include a schedule of improvements showing in detail the public and other required subdivision or development improvements, including shallow utilities, landscaping, revegetation and other subdivision or development improvements that the developer or applicant shall be responsible for constructing, and the costs therefor. No work shall be commenced on such improvements by the developer or applicant until such time as the schedule of improvements has been approved by the Town and the performance guarantee provided pursuant to appropriate sections of the subdivision improvements agreement or development improvements agreement. The schedule of improvements shall at a minimum include the following improvements and associated construction costs necessary to provide the improvements for the development of the subdivision, establishment of a special review use when a development improvements agreement is required by the Board of Trustees, or construction of a structure subject to a building permit when a development improvements agreement is required by the Board of Trustees. All improvements shall be constructed in accordance with the applicable provisions of the Town public works manual.

a.

Water distribution system. Water distribution facilities, including water mains, lateral service lines to the lot lines, valves, fire hydrants, and all other appurtenant facilities necessary to provide treated municipal water service.

b.

Wastewater collection system. Wastewater collection system to fully service the subdivision, including collection lines, service lines to the lot lines, manholes, and all other appurtenant facilities necessary to provide municipal wastewater service.

c.

Street improvements. Street improvements necessary to fully service the subdivision, including grading, road base and sub-base, asphalt, curbs and gutters, sidewalks, persons with disabilities ramps, drainage facilities, and all other appurtenant facilities necessary to provide street access.

d.

Storm drainage facilities and appurtenances.

e.

Utilities, including, telephone, cable television, electrical service, natural gas service.

f.

Street lighting.

g.

Soil stabilization and revegetation measures.

h.

Visual screening facilities.

i.

Non-potable water irrigation system.

j.

Landscaping.

k.

Any other subdivision or development improvements required by the Board of Trustees as a condition of approval of the subdivision, special review use or building permit.

l.

The subdivision improvements agreement or the development improvements agreement shall also describe terms and stipulations relative to the transfer of water rights from the subdivider to the Town pursuant to this Code.

(3)

Construction schedule.

a.

The subdivision improvements agreement or development improvements agreement shall include a time schedule for the construction and completion of the public and other required subdivision improvements or development improvements. Said schedule shall provide for a commencement date as well as a date when such improvements will be substantially completed. Under such schedule, all public and other required subdivision or development improvements shall be completed no later than one year following the start of development. Said schedule shall be reviewed and approved by the Board of Trustees prior to the commencement of construction of any such improvements.

b.

Where the developer or applicant is prevented from commencing or completing any of the public and other required improvements within the time periods set forth in the construction schedule or otherwise set forth in the subdivision improvements agreement or development improvements agreement due to an unforeseeable cause or delay beyond the control and without the fault or negligence of the developer or applicant the times for commencement and/or completion of such improvements may be extended by the Board of Trustees in an amount equal to the time lost due to such delay if a request is made in writing to the Town by the developer or applicant. Delays beyond the control of the developer or applicant shall include, but not be limited to, acts of neglect by the Town, fires, floods, epidemics, abnormal weather conditions, strikes, freight embargos or acts of God. Time extensions, however, will not be granted for rain, snow, wind or other natural phenomena at normal intensity within the County. Delays attributable to and within the control of the developer's or applicant's contractors, subcontractors or suppliers shall be deemed to be delays within the control of the developer or applicant.

(4)

Warranty. The applicant or developer shall warrant any and all public improvements constructed by the applicant or developer which are conveyed or dedicated to the Town pursuant to the subdivision improvements agreement or development improvements agreement for a period of two years from the date the Town's Engineer certifies that the same conform with the approved specifications. Specifically, but not by way of limitation, the applicant or developer shall warrant the following:

a.

That the title conveyed shall be good and its transfer rightful;

b.

Any and all facilities conveyed shall be free from any security interest or other lien or encumbrance; and

c.

Any and all facilities so conveyed shall be free of any and all defects in materials or workmanship.

(5)

Town inspections. The Town shall have the right to make engineering inspections and require testing during construction of the public and other required improvements in such reasonable intervals as the Town Engineer may request. Inspection, acquiescence and approval of any engineering inspector of the construction of physical facilities, at any particular time, shall not constitute the approval by the Town of any phase of the construction of such public and other improvements. Such approvals shall be made by the Town only after completion of construction and in the manner hereinafter set forth.

(6)

Approval by Town Engineer. Upon completion of construction by the applicant or developer of such public and other improvements, the Town Engineer shall inspect the improvements and certify with specificity its conformity or lack thereof to the approved plan and specifications. The applicant or developer shall make all corrections necessary to bring the system or improvements into conformity with applicable Town standards and the construction plans, as approved. The Town shall be under no obligation to provide any water service, irrigation service, or wastewater collection service until all such facilities are brought into conformance with the applicable plans and specifications and approved by the Town Engineer.

(7)

Provision of as-built drawings. The applicant or developer shall provide all necessary engineering designs, surveys, field surveys, and "as-built" drawings for all public improvements and utility improvements which shall be approved by the Town Engineer, and any incidental services related to the construction of the improvements, at its sole cost and expense. The legal description of all utility service lines shall be prepared by a registered land surveyor at the applicant's or developer's sole expense. In addition, all expenses incurred by the Town in updating the Town's base maps shall be paid by the applicant or developer, to the Town.

(8)

Conveyance of public improvements. All public improvements constructed by the applicant or developer in accordance with the subdivision improvements agreement or development improvements agreement, including water mains, laterals, fire hydrants and other water distribution facilities; all irrigation lines and facilities; all wastewater collection mains, laterals and related improvements; persons with disabilities ramp improvements; and required curbs, gutters, sidewalks and street improvements shall be dedicated to the Town and warranted for a period of two years following completion and approval, as provided in subsection (4) of this section. Upon completion of construction in conformity with the plans, and any properly approved changes, the applicant or developer shall convey to the Town, by bill of sale, all physical facilities constructed by the applicant or developer necessary for the extension, maintenance and repair of municipal utility services and other public facilities. Acceptance of said conveyance shall be authorized by the Board of Trustees. Following such dedication or conveyance, the Town shall be solely responsible for the maintenance of such improvements, unless otherwise provided for by agreement, except for any correction work required during the warranty period. In addition, all other improvements such as shallow utility installations and other improvements as shown in approved construction drawings submitted to the Town shall be warranted for a period of two years following completion and approval, as provided in subsection (4) of this section.

(9)

Improvements required prior to issuance of building permits and certificates of occupancy.

a.

Unless otherwise set forth in the subdivision improvements agreement, no building permit for construction of any residential structure or building within a subdivision shall be issued until the following improvements have been installed and approved by the Town Engineer. When the Board of Trustees requires that a development improvements agreement is executed as a condition of approval of a special review use or a building permit no building permit for construction of any residential structure or building shall be issued until the following improvements have been installed and approved by the Town Engineer:

1.

Survey monuments.

2.

Wastewater lines and laterals to each lot.

3.

Water mains and laterals to each lot.

4.

Irrigation lines and laterals to each lot.

5.

Fire hydrants (if required).

6.

Storm drainage structures (if any).

7.

Utilities, including telephone, cable television, electrical service and gas lines.

8.

Grading and base construction of streets and alleys.

9.

Soil stabilizing structures.

b.

No certificate of occupancy for any residential building or other structure within a subdivision or property subject to a subdivision improvements agreement or development improvements agreement shall be issued until the following improvements have been installed by the applicant or developer and approved by the Town Engineer:

1.

Street paving and curbs and gutters.

2.

Sidewalks and bikeways.

3.

Street signs.

4.

Street lighting.

5.

Landscaping.

6.

Land dedication deeds.

7.

Final soil stabilization and revegetation measures.

8.

Any other improvements required by the subdivision improvements agreement or development improvements agreement.

(10)

Revegetation required. All areas disturbed by construction shall be promptly revegetated with native vegetation following completion of such work unless a building permit application has been requested for a particular lot. The applicant or developer shall comply with all regulations of the Town concerning dust suppression. In addition, the applicant or developer shall control all noxious weeds and rodents within such areas to the reasonable satisfaction of the Town until conveyed to individual lot owners.

(11)

Performance guarantee security required. In order to secure the construction and installation of the public and other required improvements itemized in the schedule of improvements, for which the applicant or developer is responsible, the applicant or developer shall furnish the Town with a cash, letter of credit, cash bond, performance bond, or other security acceptable to the Town Attorney and the Board of Trustees to secure the performance and completion of such public and other required improvements included in a subdivision improvements agreement or development improvements agreement, in an amount equal to 110 percent of the estimated cost of said improvements.

(12)

Partial release of performance guarantee security. Upon completion of portions of the improvements by the applicant or developer, evidenced by a detailed cost breakdown of the completed improvements, the amount of any performance guarantee security issued pursuant to the subdivision improvements agreement or development improvements agreement may be reduced by 75 percent of the approved estimated cost for the installation of such improvements, upon written request of the applicant or developer, and approval by the Board of Trustees. Upon completion of all of the public and other required improvements by the applicant or developer, and upon final inspection and approval by the Town Engineer of all such improvements, the Board of Trustees shall further authorize the reduction of the amount of the security guaranteeing the public and other required improvements to ten percent of the approved total estimated cost of such improvements.

(13)

Full release of performance guarantee security. Any performance guarantee issued pursuant to a subdivision improvements agreement or development improvements agreement shall be fully released and discharged upon expiration of the two-year warranty period, and the correction of any defects discovered during such warranty period.

(14)

Notice of default. Upon the applicant's or developer's failure to perform its obligations under the terms of a subdivision improvements agreement or development improvements agreement within the time periods set forth in the subdivision improvements agreement or development improvements agreement, the Town's Mayor shall give written notice to the applicant or developer of the nature of the default and an opportunity to be heard before the Board of Trustees concerning such default. If such default has not been remedied within 30 days of receipt of the notice or of the date of any hearing before the Board of Trustees, whichever is later, (or such reasonable time period as is necessary to cure the default, provided that the applicant or developer has commenced to cure the default), the Town's Mayor may then give written notice to the applicant or developer and to the issuer or holder of the performance guarantee security that the Town, as agent for the applicant or developer, is proceeding with the task of installing the public and other required improvements in whole or in part and that the said security will be expended by the Town for the installation of public or other improvements required by the development improvements agreement or subdivision improvements agreement.

(15)

Power of attorney granted. The applicant or developer, as a condition of a development improvements agreement or subdivision improvements agreement, shall designate and irrevocably appoint the Mayor of the Town as its attorney-in-fact and agent for the purpose of completing all public and other necessary improvements required by the subdivision improvements agreement or development improvements agreement in the event of a default by the applicant or developer. The power of attorney may be enforced by the Town pursuant to all legal, and equitable remedies available, including an action for specific performance in a court of competent jurisdiction.

(16)

Increase amount of performance guarantee security. If a substantial amount of time elapses between the time of posting of the performance guarantee security and actual construction of the improvements, the Town reserves the right to require a reasonable increase in the amount of the applicable security, if necessary, because of estimated increased costs of construction.

(17)

Cost estimate not binding. The purpose of the cost estimate described in subsection (2) of this section is solely to determine the amount of security required and may be revised from time to time to reflect the actual costs. No representations are made as to the accuracy of these estimates, and the applicant or developer shall agree to pay the actual cost of all such public and other required improvements. Neither the estimated costs nor the amount of the security establishes the maximum amount of the applicant's or developer's liability.

(18)

Reimbursement of costs. Prior to the approval and acceptance of the construction and installation of the required public and other necessary improvements, the applicant or developer shall pay to the Town the actual cost of all inspections of such improvements made or conducted at the direction of the Board of Trustees, Town Engineer, or Town Public Works Director.

(Code 1995, § 14.01.160)

For the purposes of this title, any words and phrases set forth in this section shall have the meanings respectively ascribed to them herein, and the term "building" shall include the term "structure" and the term "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used." In addition, whenever appropriate with the context:

(1)

The term "lot" includes the term "plot," "parcel," or "site."

(2)

The term "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

(3)

The term "zoning map" or "De Beque Zoning Map" means the Official Zoning Map of the Town.

(4)

The term "Town Clerk" includes the term "Building Official" and/or any positions which may be appointed on a full or part-time basis or retained on a consulting basis for the purpose of reviewing development applications.

(Code 1995, § 14.01.170; Ord. No. 531 (Series 2023), exh. 2(14.01.170), 3-28-2023)

(a)

For the purposes of this title, certain terms are defined as set forth in Table 14.04.220.

(b)

Any term, phrase, word, or derivation thereof used in this title and not defined in this chapter, other title of this Code, or other code adopted by the Town shall be construed according to the common and approved usage of the language, but technical terms that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Table 14.04.220. Defined Terms

(Code 1995, § 14.01.180; Ord. No. 440, § 2, 2013; Ord. No. 443, § 2, 2014; Ord. No. 467, § 2, 2015; Ord. No. 486, § 3, 2017; Ord. No. 48, § 6, 2017; Ord. No. 531 (Series 2023), exh. 2(14.01.180), 3-28-2023)