(A)

A subdivision of land which complies with all of the following requirements as herein defined shall be processed within the provisions of this Article:

1.

The proposed subdivision plan/plat shall contain four (4) or fewer lots;

2.

All lots must abut an existing street that satisfies all minimum municipal street standards;

3.

The proposed subdivision plan/plat does not require or involve the installation or extension of a new water or sewer main or the installation of public improvements beyond curb, gutter and sidewalk;

4.

The proposed subdivision plan/plat shall meet the minimum requirements of this Chapter; and

5.

The subdivider shall not request any variance from the requirements of this Chapter or other applicable Town ordinances and resolutions during the subdivision process.

(B)

Any proposed subdivision which does not comply with all of the requirements as specified in Subsection (A) above shall be considered a major subdivision and must be processed in compliance with Article XIV of this Chapter.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Pre-application conference. No application for minor 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 final plat prepared by a registered land surveyor, with the Town Clerk, accompanied by the appropriate fee. Minor Subdivision submittals shall conform to the requirements of a subdivision Final Plat. The proposed final plat need not be placed on Mylar at the time of application. (However, one (1) reproducible Mylar of the final plat along with one (1) reproducible Mylar copy of the final plat and two (2) paper prints shall be required upon final approval of the application by the Town Administrator.) The applicant must submit a complete application not less than thirty (30) days prior to consideration of the minor subdivision by the Town Administrator. 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 suspend consideration of the application.

(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 Department of Public Works and, as may be necessary or appropriate given the nature of the application, the following persons and agencies:

1.

Town Clerk;

2.

Town Attorney;

3.

Building Official;

4.

Public Works;

5.

Fire Department;

6.

Colorado Department of Transportation;

7.

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 twenty (20) 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 in the time period for submitting referral comments may be approved for good cause upon written request by the outside agency to the Town Administrator. 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)

Town Administrator action.

1.

The Town Administrator shall review and consider a request for preliminary minor subdivision plan/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 Town Administrator 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 Town Administrator. At the conclusion of the hearing, and in no event later than ten (10) days thereafter, the Town Administrator shall issue written findings and approve, disapprove or conditionally approve the application by written resolution. If disapproved, the applicant may appeal the decision of the Town Administrator to the Board of Trustees at a subsequently scheduled and noticed public hearing. The Town Administrator in her/his sole discretion may refer the application to the Board of Trustees for a decision if the application in the opinion of the Town Administrator receives written objections from adjoining property owners, or due to character of the application.

2.

The Town Administrator shall not grant preliminary approval of a minor subdivision plan/plat application absent substantial compliance of the plan/plat with the Town's comprehensive plan and the applicable criteria set forth in this Chapter, without receiving input from referral agencies, without obtaining the comments and approval of the Department of Public Works with respect to the adequacy of the existing streets and water and sanitary sewer systems to service the proposed development.

3.

Approval or conditional approval of a preliminary minor 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 minor subdivision plat approval to the Town Administrator 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 Town Administrator, acting within the original six-month approval period, extends such period, in which case the preliminary approval shall be extended for a maximum of one additional six (6) month period.

(Ord. 2015-3, §1, 1-4-2016)

(A)

The Town Administrator shall approve, approve with conditions, deny or at her/his sole discretion refer to the Board of Trustees, an application for final minor subdivision plan/plat and the proposed final subdivision plat after public notice is made in conformance with Article IV and not sooner than thirty (30) days from the date on which a completed application for final approval is submitted by the applicant to the Town Clerk. If the Town Administrator does not refer the application to the Board of Trustees and no objections are received after the public notice has been made in conformance with Article IV, the Town Administrator shall approve, approve with conditions or deny the application. In the event that objections are received, the application shall be scheduled before the Board of Trustees for a public hearing in conformance with Article IV. 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's decision for review and approval at its next regularly scheduled meeting.

(B)

The Town Administrator or the Board of Trustees may only grant final minor 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.

(C)

The Town Administrator or in the case of Board of Trustee approval, the Mayor and Director of Public Works shall execute the approved final minor subdivision plat within a reasonable time after final approval of the plat and the applicant has submitted same 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 any 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.

(D)

The Town Administrator or in the case of Board of Trustee approval, the Mayor and Director of Public Works shall sign a reproducible Mylar original of the final minor subdivision plat and two (2) prints or copies thereof. One (1) copy or print will be returned to the applicant and the Town Clerk shall retain the other.

(E)

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 the development or subdivision improvements agreement, if any, 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 denying a final minor subdivision plan/plat to the Board of Trustees by filing a written notice of appeal with the Town Clerk not more than ten (10) days from the date of the Town Administrator's written decision. Such written 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 Town Administrator's decision being appealed. Upon receipt of a timely notice of appeal, the Town Clerk shall schedule the matter for a hearing before the Board of Trustees to be conducted not more than thirty (30) 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 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 written decision of the Town Administrator 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. The Board of Trustees shall evaluate a decision of the Town Administrator under an abuse of discretion standard, taking into consideration the requirements and criteria applicable to preliminary 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)