(A)

Pre-application conference. No application for preliminary subdivision plan/plat approval may be submitted to the Town without the applicant having first met with Town staff (planning, building and public works) for a pre-application conference as required in Section 16-13-30. Applicants may schedule a time and date with the Town Clerk for the pre-application conference.

(B)

Application. After the pre-application conference as required in (A) above, an applicant may file the necessary application and supporting materials, inclusive of a proposed preliminary plat prepared by a registered/licensed engineer or land surveyor, with the Town Clerk, accompanied by the appropriate fee. (One (1) reproducible Mylar of the final plat along with one (1) reproducible Mylar copy of the final plat and three (3) paper prints, shall be required upon final approval of the application by the Board of Trustees.) The applicant must submit the application not less than thirty (30) days prior to any meeting of the Board of Trustees at which the applicant would like to have the application considered. The applicant's failure to provide a fully completed application and/or supply all necessary supporting information or materials will cause the Town Clerk to delay the scheduling of the application before the determining body.

(C)

Copies. Unless otherwise directed by the Town Clerk, the applicant shall provide ten (10) copies of all application materials. The Town Clerk may specify a lesser or greater number of copies in order to ensure that a sufficient number of copies are provided to those persons or agencies charged with reviewing the application.

(D)

Referral of application. Upon receipt of a complete application and the payment of all required fees (and/or the posting of a deposit by the applicant to pay the costs of the application review), the Town Clerk shall distribute copies of the application and supporting materials to the , Town Planner and, as necessary or appropriate given the nature of the application, the following persons and agencies:

1.

Town Clerk file;

2.

Town Attorney;

3.

Building Official;

4.

Public Works Department;

5.

Police Department;

6.

All proposed public utility providers (e.g., electric, gas, telephone and CATV);

7.

Fire Department; and if applicable:

8.

Park County Health Department;

9.

Ditch or irrigation companies;

10.

U.S. Forest Service;

11.

Colorado Land Use;

12.

Colorado Geologic Survey;

13.

Park County School District RE-2;

14.

U.S. Army Corps of Engineers;

15.

Colorado Department of Transportation; and

16.

Such other person or agency as the Town deems appropriate for a full review of the application.

(E)

The Town Clerk shall inform each outside agency receiving a request for review and referral comments that it must respond to such referral within thirty (30) days or such other time period as specified in the referral notice, and that a failure to timely respond shall be deemed to mean that the outside agency has no comments or objections to the development or activity proposed in the application. Reasonable extensions of the time period for submitting referral comments may be approved for good cause upon written request by the outside agency to the Town. The Town may retain the services of and refer applications to, in whole or in part, outside professional consultants, inclusive of engineers, surveyors, land use planners and legal professionals, to assist in the processing, review, evaluation, design and approval of the application, the cost of which shall be paid for by the applicant as part of the application/review fee.

(F)

Board of Trustees action.

1.

The Board of Trustees shall review and consider a request for preliminary subdivision plan and plat approval, along with any referral comments and recommendations from any department or agency, at a noticed public hearing not later than thirty (30) days after the date on which a complete application was filed with the Town, inclusive of the payment of all required fees, unless the Board of Trustees receives a written request by the applicant to extend such time, or the applicant consents to an extension of the time at the request of the Board of Trustees. At the conclusion of the hearing, and in no event later than thirty (30) days thereafter, the Board of Trustees shall issue its findings and approve, disapprove, or conditionally approve the application by written resolution. If disapproved or conditionally approved, the applicant may be allowed to revise his or her application and resubmit it for consideration at a subsequently scheduled and noticed public hearing.

2.

The Board of Trustees shall not grant approval of a preliminary subdivision plan/plat application absent substantial compliance of the plan/plat with the Fairplay Comprehensive Plan and the applicable criteria set forth in this Chapter and other applicable sections of the Municipal Code, and without obtaining the comments and approval of the Department of Public Works with respect to the adequacy of the propose subdivision improvements and/or infrastructure and engineering.

3.

Approval or conditional approval of a preliminary subdivision plan/plat shall be valid for six (6) months from the date thereof and shall not constitute an acceptance or approval of any subsequent submission regarding the proposed subdivision. A failure by an applicant to submit an application for final subdivision plat approval, either for the entirety or a portion of the subdivision, within six (6) months from the date of the preliminary approval shall cause the preliminary approval to automatically expire; except where, for good cause shown, the Board of Trustees, acting within the original six-month approval period, extends such period; and except where an application for final plat approval is timely submitted for less than all of the land within the proposed subdivision, in which case the preliminary approval for the remaining area shall automatically be extended for one (1) additional six (6) month time period.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Pre-application conference. No application for subdivision plan/plat approval may be submitted to the Town without the applicant having first met with Town staff (planning, building and public works) for a pre-application conference as required in Section 16-13-30. Applicants may schedule a time and date with the Town Clerk for the pre-application conference.

(B)

Application. Within six (6) months after approval of a preliminary plat for a major subdivision, or within the time period granted by any extension, the subdivision applicant shall file a final plat application with the Town Clerk. The final plat application shall be made on a form supplied by the Town Clerk and be accompanied by all of the documentation and information required by this Chapter, inclusive of a proposed final plat prepared by a registered land surveyor. The application may be submitted for all or a portion of an area within a preliminary subdivision plat approved by the Board of Trustees, and shall conform to all of the terms and conditions of that approval. No application shall be accepted except upon the full payment of all required fees (and/or the posting of a deposit by the applicant to pay the costs of the application review). The applicant must submit the application not less than thirty (30) days prior to any meeting of the Board of Trustees at which the applicant would like to have the application considered. The applicant's failure to provide a fully completed application and/or supply all necessary supporting information or materials will cause the Town Clerk to delay the scheduling of the application before the Board of Trustees.

(C)

Copies. Unless otherwise directed by the Town Clerk, the applicant shall provide ten (10) copies of all application materials, inclusive of paper prints of the proposed final plat. The Town Clerk may specify a lesser or greater number of copies in order to ensure that a sufficient number of copies are provided to those persons or agencies charged with reviewing the application.

(D)

The staff shall check the final plat for conformance with the approved preliminary plat and any terms or conditions under which the preliminary plat was approved and shall prepare a report on the same which shall identify any terms or conditions that are not in conformance and include a recommendation to the Trustees about whether the application should or should not be approved.

(E)

Referral of application. Upon receipt of a complete application and the payment of all required fees (and/or the posting of a deposit by the applicant to pay the costs of the application review), the Town Clerk shall distribute copies of the application and supporting materials to the Board of Trustees, Town Planner and Department of Public Works.

(F)

Board of Trustees action.

1.

The Board of Trustees shall consider the application for final subdivision plan/plat approval at a noticed public hearing conducted not later than thirty (30) days from the date on which the application was deemed complete and ready for approval by the Town Administrator of her/his designee and the Department of Public Works, or as soon thereafter as can be accommodated on the Board of Trustees' meeting schedule. The hearing may be continued for up to forty (40) days to allow for the gathering and submission of additional information deemed necessary to complete the Board of Trustees' review, inclusive of referring the matter, or any particular item associated therewith, to the Town Planner for additional study and recommendation. At the conclusion of the hearing, and after discussion and deliberation thereon, the Board of Trustees shall vote to approve, approve with conditions or deny the application and final plat, and shall thereafter direct staff to prepare a written resolution with supporting findings reflecting the Board of Trustees' decision for review and approval at the Board of Trustees' next regularly scheduled meeting.

2.

The Board of Trustees may approve minor modifications to the approved preliminary plat when all of the following conditions exist:

a.

Any rearrangement of lot lines does not substantially alter the general lot and street layout of the approved preliminary plat, and remains compatible with surrounding development;

b.

The requested modification is in compliance with the zoning regulations and regulations of this Chapter, and other applicable Town ordinances; and

c.

The requested modification does not conflict with established policies of the Department of Public Works or other agency, public and private utilities, school district, recreation and park district.

3.

The Board of Trustees may only grant final subdivision plan/plat approval upon finding that the application substantially complies with the Town's comprehensive plan and the applicable criteria set forth in this Chapter, and that the proposed subdivision will not adversely impact the public health, safety and welfare. The burden to demonstrate the application's and plan/plat's compliance with all applicable criteria shall rest with the applicant.

4.

Certification (approval): If the Board of Trustees finds that the final plat conforms with the approved preliminary plat and, if any, all terms and conditions of the preliminary plat approval, and the subdivider has fulfilled all requirements of these regulations and the ordinances of the Town, then the Mayor shall certify said plat.

5.

Modification or appeal: If the Board of Trustees determines that the final plat is not in compliance with the approved preliminary plat or any terms and conditions under which preliminary approval was granted and/or these regulations, the Board of Trustees shall direct the Town Administrator or her/his designee to give written notification of this determination to the applicant, who may make all necessary changes, additions or corrections. If the applicant does not desire to make the necessary changes, the applicant may appeal the decision as provided in Section 16-14-30.

6.

Department of Public Works action. The Department of Public Works shall check the final plat to ensure compliance with these regulations, established policies of the Department of Public Works and other applicable Town ordinances.

7.

Certification (approval): If the Department of Public Works finds the final plat and accompanying material is in compliance with accepted engineering principles, these regulations and other applicable Town ordinances, the Department of Public Works shall certify said plat.

8.

Modification or appeal: If the Department of Public Works determines that the affidavits, offers of dedication, survey data or other requirements necessary to ensure compliance with these regulations and accepted engineering principles are inadequate, the Department of Public Works shall give written notice of this determination to the applicant, who may make all necessary changes, additions or corrections. If the applicant does not desire to make the necessary changes, the applicant may appeal the decision as provided in Section 16-14-30.

9.

Approval of final plats: If the Town Administrator or her/his designee and Department of Public Works certify that a final plat is in compliance with the approved preliminary plat, accepted engineering principles and the ordinances of the Town, and the plat is approved as to form by the Town Attorney, said final plat Mylar original(s) shall be forwarded to the Mayor for signature.

10.

The Board of Trustees may only grant final subdivision plan/plat approval upon written finding that the application substantially complies with the Town's comprehensive plan and the applicable criteria set forth in this Chapter, and that the proposed subdivision will not adversely impact the public health, safety and welfare. The burden to demonstrate the application's and plan/plat's compliance with all applicable criteria shall rest with the applicant.

11.

The Mayor and Director of Public Works shall execute the approved final subdivision plat within ten (10) working days after the Board of Trustees has awarded final approval and the applicant has submitted the plat to the Town, along with any and all other documents and evidence, if necessary, demonstrating that all applicable conditions of approval for the subdivision have been satisfied, including the execution of a development or subdivision improvements agreement and the full payment of all fees. No person shall sell, transfer, convey, lease or rent, or negotiate to sell, transfer, convey, lease or rent, any lot or other property within the subdivision until the final subdivision plat has been duly recorded in the office of the Park County Clerk and Recorder.

12.

The Mayor and Director of Public Works shall sign a reproducible Mylar original of the final subdivision plat and two (2) prints or copies thereof. One (1) fully executed copy or print will be returned to the applicant and the Town Clerk shall retain the other.

(G)

It shall be the responsibility of the Town Clerk to file the approved plat with the Park County Clerk and Recorder's Office within ten (10) days of the date of the last signature thereon. Simultaneously with the filing of the final plat, the Town Clerk shall also record any development or subdivision improvements agreement and any agreement for dedications, together with such other legal documents as may be required by the Town Attorney to be recorded. The applicant shall bear the cost of all recordation fees.

(Ord. 2015-3, §1, 1-4-2016)

(A)

An applicant may appeal a decision of the Town Administrator and/or Director of Public Works denying a preliminary or final subdivision application to the Board of Trustees by filing a written notice of appeal with the Town Clerk not more than fifteen (15) days from the date of the decision being appealed from. Such notice shall specify in plain language the grounds for the appeal and shall be accompanied by any required filing fee and a copy of the decision being appealed. Upon receipt of a timely notice of appeal, the Town Clerk shall schedule the matter for a public hearing before the Board of Trustees to be conducted not more than forty-five (45) days from the date the notice of appeal was received. Notice of the public hearing shall conform to the requirements of Article IV of this Chapter. Absent good and just cause, the failure of an appellant to attend the public hearing on his or her appeal shall constitute an abandonment of the appeal and no further proceedings shall be had thereon.

(B)

All hearings on appeal shall be based on the record of the proceedings before the Town Administrator and/or Director of Public Works and the appellant shall carry the burden of persuasion with regard to all issues on appeal. The concurring vote of a majority of the membership of the Board of Trustees shall be required to reverse a decision of the Town Administrator or Public Works Director. The Board of Trustees shall evaluate a decision of the Town Administrator and Director of Public Works under an abuse of discretion standard, taking into consideration the requirements and criteria applicable to subdivision applications. Decisions of the Board of Trustees shall be entered not more than thirty (30) days from the conclusion of the hearing and shall be reduced to writing, a copy of which shall be promptly mailed to the appellant.

(Ord. 2015-3, §1, 1-4-2016)