Pursuant to the authority conferred by Article 20 of Title 29, C.R.S., Article 23 of Title 31, C.R.S., and Article 67 of Title 24, C.R.S., this Article is enacted for the purpose of promoting the health, safety, convenience and general welfare of the citizens of the Town. In promoting the general purposes of this Chapter, the specific intent of this Section is to:

(A)

Establish standards of subdivision design which will encourage the development of sound, economical and stable neighborhoods; ensure a healthy living environment; and protect the natural environment.

(B)

Provide for lots of adequate size, configuration and appropriate design for the intended uses.

(C)

Encourage subdivision design, flexibility and imagination.

(D)

Provide for streets and walkways of appropriate capacity and construction with adequate measures to ensure safe movement of pedestrian and vehicular traffic.

(E)

Ensure the provision of efficient, adequate and economical utilities, services and improvements.

(F)

Provide for the coordination of subdivision development with requirements for schools, parks, recreation areas and other community facilities, and to ensure the provision of such facilities.

(G)

Ensure the desirable development of the community through the adherence to accepted principles of land use, intensity of development, distribution of growth, preservation of natural amenities and other elements of the Town's development plans.

(H)

Ensure conformance of land subdivision plans with the public improvement plans of the Town, the County, and the State and other public agencies.

(I)

Provide for adequate right-of-way for traffic and utilities.

(J)

Secure equitable handling of all subdivision plans by providing due process and uniform procedures and standards.

(K)

Prevent flood damage to persons and properties and minimize expenditures for flood control.

(L)

Restrict building on flood lands, shore-lands, areas covered by poor soils, or in areas otherwise poorly suited for building or construction.

(M)

Prevent loss or injury from landslides, expansive soils and other geological hazards.

(N)

Improve land survey monuments and records by establishing standards for surveys and plats.

(O)

Safeguard the interest of the public and to protect against fraud and deceptive practices.

(P)

Regulate such other matters as the Board of Trustees may deem necessary in order to protect the best interests of the public.

(Q)

Conform and comply when required with state statutes authorizing municipal regulation of subdivisions.

(Ord. 2015-3, §1, 1-4-2016)

For purposes of this Chapter, an applicant filing an official subdivision application form shall be either the owner of the subject parcel or an authorized agent of the owner, inclusive of a prospective purchaser of the subject parcel.

(A)

Without limiting an applicant's right to file additional material, the applicant shall submit a subdivision application form provided by the Town Clerk. An application shall not be considered officially filed until the application form and supporting materials are deemed complete, the appropriate application fee is paid, and record of such payment is affixed to the application form.

(B)

All final plats of subdivision or land within the Town shall be filed and recorded by the County Clerk and Recorder only after having been approved by the Board of Trustees with such approval entered in writing on the plat and signed by the Mayor and attested to by the Town Clerk.

(C)

No building shall be erected on any lot, nor shall a building permit be issued for a building, unless the street giving access to the lot upon which said building is proposed to be placed shall have been dedicated and approved by the Board of Trustees as part of a legal subdivision. However, a building permit may be issued for a residential lot not abutting a publicly dedicated street when private access is approved by the Board of Trustees and is provided by plat, reservation, deed, covenant or contract, and provisions satisfactory to the Town are made for maintaining the access and keeping it in good repair on a year-round basis.

(Ord. 2015-3, §1, 1-4-2016)

Except as hereinafter provided, the following procedures shall apply to all applications filed under the provisions of this Chapter. Additional subdivision requirements are found in resubdivision, planned unit development, condominium, and time-share estates:

(A)

Pre-application conference: In order to properly evaluate an area proposed for subdivision, the applicant or his or her agent shall meet with Town staff (planning, building and public works) at a pre-application conference. Such conference shall be held for the purpose of discussing concepts, feasibility, regulations and procedures regarding the proposed subdivision.

(B)

Official application form: All applications for subdivision must be submitted to the Town Clerk on a form provided therefor by the Town. The official application form shall be a detailed comprehensive form which includes, but is not limited to, the following:

(C)

Name, address and telephone number of the applicant, engineer and/or property owners of the subject property, which shall contain a written statement that the owner or owners have no objection to the proposed subdivision. Such statements shall include the verified signature of said owners.

(D)

A proposed subdivision plat showing the legal boundary of the subject property and all abutting properties; adjacent and included public rights-of-way and easements of record; drainageways and one-hundred year flood plains affecting the subject property; a boundary survey certified by a registered land surveyor; and a location map showing all streets, schools, parks and other public facilities lying within a one-half-mile radius of the boundaries of the subject property.

(E)

Other materials as specified in the official application form to provide the necessary information relative to the subject property to enable thorough and accurate analysis of the request.

(F)

The responsibility to provide all required information, forms and statements at the time the application is filed is upon the applicant. Failure to provide such information, forms and statements shall cause the application to be rejected and returned to the applicant.

(G)

Required copies of application: Upon submission and acceptance of the official application form and unless otherwise directed by the Town Clerk, the applicant shall, within three (3) calendar days of such acceptance, provide ten (10) copies of the completed application, including all required information, forms and statements, or such lesser or greater number of copies as deemed necessary by the Town Clerk for the review of the application.

(H)

Application deadline: The applicant shall submit the completed and accepted application at least thirty (30) calendar days prior to the regularly scheduled meeting of the Board of Trustees at which the applicant wishes the proposed subdivision request to be considered. The actual scheduling of the application before the Board of Trustees shall be determined by the Town Clerk based upon the availability of time on the 's agenda.

(I)

All subdivision applications shall be reviewed by the Town Planner, Department of Public Works, town consultants and finally reviewed and approved by the Board of Trustees.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Upon application in writing by the subdivider, and where it can be shown in the case of a particular proposed subdivision that strict compliance with the requirements of this Chapter would result in extraordinary hardship to the subdivider because of unusual topography or other such conditions, the Board of Trustees may grant an exception, modification or waiver to a requirement so that substantial justice may be done and the public interest secured; provided that such exception, modification or waiver will not have the effect of nullifying the purpose and intent of this Chapter.

(B)

In granting exceptions, modifications or waivers, the Board of Trustees may require such conditions as will, in its judgment, substantially secure the objectives of the standards and regulations so affected.

(C)

In no case shall any exception, modification or waiver be more than is minimally necessary to relieve the hardship/condition giving rise to the exception, modification or waiver, and in no case shall it be in conflict with this Chapter.

(D)

Exceptions, modifications or waivers shall be granted only after a noticed public hearing thereon, and hearings on applications for same may be incorporated into and be part of any noticed public hearing conducted on an underlying subdivision application.

(Ord. 2015-3, §1, 1-4-2016)

A final plat approved by the Board of Trustees and to which all required signatures have been affixed shall be recorded by the Town Clerk at the applicant's sole expense in the office of the County Clerk and Recorder promptly after receiving authorization. Authorization to record shall be indicated by the signature of the Mayor.

(A)

The applicant shall submit any land dedication fees and shall have obtained prior approval of the improvements, plans, letter of credit, subdivider improvements/development agreement and other applicable information specified by this Chapter, and other applicable Town ordinances and resolutions prior to recordation of the final plat.

(B)

The applicant shall provide a reproducible Mylar copy of the recorded original final plat, including the County Clerk and Recorder's seal and recording information, to the Town Clerk for use by the Building Official and prior to the issuance of building permits.

(Ord. 2015-3, §1, 1-4-2016)

(A)

It shall be unlawful for any person or owner, or agent of the owner, of any land located within a subdivision to sell, agree to sell, or offer to sell any land by reference to or by use of a plan or plat of subdivision until such subdivision has received final approval in writing by (as applicable) the Town Administrator and/or the Board of Trustees and a plat is filed in the office of the County Clerk and Recorder; provided, however, that a written agreement to sell or lease, which is expressly conditioned upon full compliance by the seller with the subdivision regulations of the Town prior to the actual sale or lease of the subject lot or parcel, and which expressly recites that the seller's failure to timely and fully comply with the regulations shall entitle the buyer to terminate the agreement and obtain the prompt return of all consideration under said agreement, shall not constitute a violation of this Subsection.

(B)

The prohibition of any act in this Chapter, in any amendment thereof and in any rule or regulation adopted hereunder shall include the causing, securing, aiding or abetting of another person to do said act.

(Ord. 2015-3, §1, 1-4-2016)