The purpose of this chapter is to:

A.

Assist orderly, efficient, and integrated development, and to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future residents of the town;

B.

Encourage the proper arrangement of subdivisions in relation to existing or planned subdivisions in order to facilitate safe, efficient and pleasant walking, biking and driving;

C.

Provide for a variety of lot sizes and housing types;

D.

Ensure an adequate and efficient street system by regulating the location, design, class, and type of street, sidewalk and other transportation corridors; and

E.

Secure adequate provisions of water, electric service, drainage, sewers and other facilities and services for the health and safety of town citizens.

(Ord. 03-2022, § 1(Attch.), 1-11-2022)

This chapter shall be applicable to all subdivision and re-subdivision of land within the town. The following shall be exempt from this chapter: (1) division of land through an estate proceeding; (2) division of land through a foreclosure of a deed of trust; (3) adjustment of the boundary line or the transfer of land between 2 adjacent property owners that does not result in the creation of any additional parcels.

(Ord. 03-2022, § 1(Attch.), 1-11-2022)

A.

It is unlawful to use, file, or record a plat of a subdivision of land with the Weld County Clerk and Recorder or Boulder County Clerk and Recorder until the plat is approved by the town and signed by duly authorized representatives of the town.

B.

Minimum standards: The standards in this chapter are minimum standards. The town may impose more restrictive standards when it finds that they are necessary to conform the design of a proposed subdivision to sound engineering or design standards or other standards in this UDC.

C.

Phasing schedule: The director may require that a subdivision conform to a phasing schedule based upon the scheduled availability of infrastructure to serve the subdivision. A phasing plan shall be submitted for approval at the time of application for preliminary plat and made a condition of that approval or with a subdivision agreement.

D.

Compliance with other provisions of this UDC: All subdivisions shall comply with all other applicable zoning, design, and development regulations set forth in this UDC, including without limitation:

1.

The requirements of the zone district in which the property is located; and

2.

Generally applicable development and design standards.

E.

Compliance with other adopted plans and policies: The design of subdivisions shall comply with all other adopted plans and policies adopted by the town, including without limitation:

1.

The Town of Erie Comprehensive Plan, as amended;

2.

The Town of Erie Parks, Recreation, Trails and Open Space Master Plan, as amended;

3.

Town of Erie Transportation Plan, as amended;

4.

Town of Erie Utility Master Plans, as amended;

5.

The Town of Erie Standards and Specifications for Design and Construction of Public Improvements, as amended (the "standards); and

6.

Mile high flood district policy and standards, as amended.

F.

No tract in the AGH zone district shall be subdivided unless it is 35 acres or more in size.

(Ord. 03-2022, § 1(Attch.), 1-11-2022)

No subdivision shall be approved unless it complies with all of the following standards:

A.

Name of subdivision: The title under which the subdivision will be recorded shall not duplicate the name of any existing subdivision in the town.

B.

Natural hazard areas: Land subject to hazardous conditions such as landslides, rock falls, expansive soils, mine subsidence, mine shafts, shallow water table, open quarries, floodplains, and polluted or non-potable water supply shall be identified and shall not be subdivided until the hazards have been mitigated or will be mitigated by the subdivision and construction plans.

C.

Adjoining subdivisions: A proposed subdivision shall be designed in such a manner as to be coordinated with adjoining subdivisions (existing and proposed) with respect to the alignment of street rights-of-way, utility and drainage easements, open space, view corridors, pedestrian/bicycle paths, and other relevant design considerations.

D.

Lots:

1.

Lot size, width, depth, shape, and orientation and minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated, and shall facilitate the placement of buildings with sufficient access, outdoor space, privacy, and view.

2.

Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street parking, landscaping or planting area, and loading areas required by the type of use and development contemplated.

3.

No lot shall be divided by a municipal or county boundary line.

4.

No lot shall be divided by a zone district boundary line.

5.

No lot shall be divided by a street or alley.

6.

Each residential lot shall be provided with lot frontage on a street, garden court, or pocket park. Nonresidential lots shall be provided with lot frontage on a street or private drive.

7.

Corner lots for residential use shall have extra width to accommodate the required building setback line on both street frontages.

8.

Wedge-shaped lots shall not be less than 30 feet in width at the front property line.

9.

Side lot lines shall be at substantially right angles and radial to curved streets. Where lot lines are not at right angles to the street lines, it shall be indicated on preliminary and final plats.

10.

Triple frontage lots and flag lots are prohibited in residential zone districts.

11.

Residential double frontage through lots are only permitted where no other configuration is practicable. Subdivisions with residential, double frontage through lots shall provide a minimum 30-foot landscape tract between the rear lot line and the street.

E.

Streets: In addition to any other requirements of this Code, all streets shall comply with the following:

1.

General street design: All new streets shall be designed in relation to existing or planned streets, to topographic conditions, to public convenience and safety, and in relation to the proposed use of land to be served. Streets shall be extended to connect with existing streets, except where such extension is prevented by topography or other physical conditions or where the connection of streets with existing or probable future streets is deemed unnecessary by the town for the advantageous development of adjacent properties.

2.

Private streets: Private streets may be permitted provided they meet all standards and specifications required for public streets and rights-of-way or pursuant to a variance granted by the town engineer.

3.

Intersections:

a.

Freeways and arterial streets shall not be intersected by local streets.

b.

No more than two streets shall intersect at one point.

c.

Streets shall intersect at 90 degrees, except where this may be impractical. Angles of less than 90 degrees may be designed, subject to the approval of the town engineer.

d.

Two streets meeting a third street from opposite sides shall meet at the same point, or their centerlines shall be offset at least 150 feet. This requirement shall not apply to the alignment of opposing cul-de-sac streets, provided the cul-de-sacs are 100 feet long or less.

4.

Street arrangement and connections:

a.

Local streets shall be arranged so that their use by through traffic will be discouraged. Traffic calming techniques such as use of grid patterning, diverters and curvilinear alignments are encouraged to reduce speeds and cut-through traffic. All traffic calming measures shall be approved by the town engineer.

b.

No driveway access shall be permitted from the lot directly to any highway, freeway, arterial, or railroad right-of-way unless otherwise approved by the town engineer.

c.

Dead-end streets (not cul-de-sac, stub streets, etc.) shall not be permitted unless approved by the town engineer.

F.

Alleys: All new alleys shall be constructed in accordance with the Standards.

1.

Alleys in developments approved after the effective date of this UDC shall be privately owned and maintained. An easement in such alleys shall be granted to the town and/or other service providers for installation and maintenance of utilities, refuse collection, and similar facilities and services.

2.

If an alley is provided, garage driveway connections shall be from an alley. In areas where no alley is provided, garage driveway connection shall be from the street.

G.

Curb ramps: Accessible curb ramps from the sidewalk to street grade shall be provided, in conformance with the Americans with Disabilities Act and other applicable law.

H.

Utility easements:

1.

Utility easements shall follow rear and side lot lines whenever practical, and the centerline of any easement should coincide with a joint property line.

2.

Easements shall be determined so as to provide efficient installation of utilities and should integrate well with the town's street design criteria.

3.

Public utility installations shall be so located as to permit multiple utility installations within the easements, to avoid cross connections, to minimize trenching and adequately separate incompatible systems. No utilities shall be placed within one foot of the property line of any property. Where a portion of an existing easement is contiguous to a proposed easement or right-of-way of the new subdivision, proof of the dedication of the existing easement or right-of-way must be submitted to and be acceptable to the town.

4.

The location and width of all utility easements shall be subject to the approval of the town and the utility providers.

5.

Transmission lines shall be placed underground whenever practicable. The applicant shall make the necessary arrangements including any construction or installation charges with each of the serving utilities for the installation of such facilities.

6.

Other utility equipment (including, but not limited to, transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, street lighting utilities, and other facilities necessarily appurtenant to such underground utilities) shall be placed underground whenever practicable. If placed above-ground, such equipment shall not be located in street medians or on utility poles unless no practicable alternative exists. Such equipment shall also be screened as required by the screening requirements of subsection 10-6-4 G.

7.

The applicant shall establish rough-cut final utility grades prior to the utility installations.

I.

Stormwater drainage:

1.

General provisions:

a.

Drainage improvements shall comply with the standards and mile high flood district standards.

b.

Drainage areas shall be left in a natural state or designed to appear natural in form unless otherwise approved by the town.

c.

Complete drainage systems for the entire subdivision area shall be designed by a professional engineer, licensed in the State of Colorado and qualified to perform such work, and shall be shown graphically. All existing drainage features that are to be incorporated in the design shall be so identified. If the final plat is to be presented in phases, a general drainage plan for the entire area shall be presented with the first phase and appropriate development stages for the drainage system for each phase shall be indicated.

2.

Design of drainage systems:

a.

The drainage system shall be designed to consider the drainage basin as a whole and shall accommodate not only runoff from the subdivision area but also, where applicable, the system shall be designed to accommodate the runoff from those areas adjacent to and upstream from the subdivision itself, as well as its effects on lands downstream.

b.

Native re-vegetation techniques shall be used.

c.

Storm water drainage systems shall be designed according to town specifications and in accordance with mile high flood district standards.

d.

A final drainage report shall be submitted and accepted by the town prior to final plat approval. All drainage reports submitted to the town shall be subject to review by the Town and outside referral agencies.

J.

Oversizing water and wastewater lines: Oversizing of water or wastewater lines may be required by the town. In such cases the applicant shall pay for the cost of the line.

(Ord. 03-2022, § 1(Attch.), 1-11-2022)

A.

Improvements required: Applicants shall pay for and construct all on-site and off-site public improvements and common facilities that are required to adequately serve the proposed development or are deemed necessary to address the impact caused by the proposed development. The public improvements and common facilities required to be paid for and constructed as part of the proposed development shall be governed by a separate development agreement, which shall include an appropriate performance guarantee.

B.

Town utilities and facilities: A proposed subdivision shall not, by reason of its location or design, cause an undue burden on existing town utility systems or community facilities. What constitutes a burden shall be determined by the town, and shall be fully examined prior to the final platting of the property. Where extension, enlargement, or construction of town utility systems or community facilities are necessitated by a specific subdivision, the applicant will bear the costs of the necessary expansion, enlargement or construction.

C.

As-built plans: Finished as-built plans of all public improvements as installed shall be required before the town will accept the improvements.

(Ord. 03-2022, § 1(Attch.), 1-11-2022)

A.

Parks and open space: The requirements and standards set forth in section 10-6-3 shall apply to all subdivisions.

B.

Contribution for public school sites:

1.

Contribution required: Residential subdivisions shall provide a fair contribution for public school sites to the school district in which they are located to be in conformance with the current intergovernmental agreement between the town and St. Vrain Valley School District, RE-1J or the Town and Boulder Valley School District, RE-2.

2.

Proof of payment: If the fair contribution for public school sites includes payment in lieu of dedication of land, then prior to the issuance of any building permit for any residential dwelling unit in the subdivision not otherwise exempt under this section, the town shall be provided with proof that, for the lot for which the permit is sought, the required payment in lieu of dedication of land has been made to the school district.

(Ord. 03-2022, § 1(Attch.), 1-11-2022)