In addition to the common submittal requirements in Article III, the following specifications shall apply to subdivision submittals.

(A)

Plat preparation: The applicant shall cause the preparation of a subdivision plat on the subject property by a registered land surveyor. The subdivision plat shall comply with the detailed application form, the provisions of these regulations, the ordinances of the Town and State law. The subdivision plat may be comprised of multiple pages/sheets.

(B)

Plat size: The size of all final plats shall be twenty-four (24) inches by thirty-six (36) inches.

(C)

Plat requirements: Without limiting an applicant's right to file additional materials, the following application and subdivision plat details shall apply to all applications for subdivisions:

1.

Name of proposed subdivision.

2.

Name, address and telephone number of the applicant and legal property owners of subsurface mineral estates, including mineral lessees, if any.

3.

Evidence of a title and any related supporting materials as needed.

4.

Metes and bounds legal description, including monumentation certified by a registered land surveyor, and the total number of acres to be subdivided.

5.

Survey notes of subdivision perimeter survey and copies of all monuments required pursuant to Section 38-53-103, C.R.S.

6.

North point with written and graphic indication of the scale.

7.

Vicinity map showing the subject site, streets, street names, schools, parks, railroads, public transit facilities, other identifying features of the area and any other public facilities within one-half (½) mile from the proposed subdivision.

8.

Geologic investigation reports regarding area suitability for the proposed development.

9.

Tables of soil-type interpretations, as prepared for the preliminary plan submission based on the National Cooperative Soils Survey, United States Department of Agriculture, Soil Conservation Service, and provided by the Soil Conservation District.

10.

Existing and proposed contours at two-foot intervals, width and direction of flow of all watercourses and any area inundated by the one-hundred-year frequency flood.

11.

The plat shall show all adjacent and included right-of-way locations, dimensions of proposed streets with delineation of proposed right-of-way dedication, names of existing and proposed streets; the proposed lot layouts, lot dimensions, lot areas and lot and block numbers; adjacent and included pedestrian ways; and all approximate locations of all building setback lines within and immediately adjacent to the subdivision.

12.

The names, locations and property lines of adjacent subdivisions and the owners' names, locations and property lines of abutting unplatted tracts and public lands.

13.

The existing uses on the property proposed for subdividing and all abutting property; and the building outline of all permanent structures located on the subject property which are to be retained.

14.

The location, size, type and, where applicable, grades of all adjacent and included existing utilities and easements, and all new utilities and easements proposed for the subject property, including fire hydrant locations and postal facilities.

15.

Designation of existing zoning on the subject property and abutting properties.

16.

Completed and signed application form for rezoning, if required, for the development of the subdivision.

17.

The substance of all covenants, grants of easements or restrictions to be imposed upon the use of the land, buildings and structures.

18.

The location of bridges, culverts, catch basins and all other provisions for collecting and discharging surface and subsurface drainage.

19.

The location, area and dimensions of all parcels to be reserved for the common use of all property owners in the proposed subdivision and/or land to be dedicated for public parks, open space, schools or other public uses.

20.

The function, ownership and manner of maintenance of common open space not otherwise reserved or dedicated for public use.

21.

The total number of proposed off-street parking spaces, excluding those associated with single-family residential zones.

22.

The total number of square feet of proposed nonresidential floor space.

23.

An engineer's estimate of total number of gallons per day of sewage.

24.

The estimated construction cost, proposed method of financing and construction schedule of the streets and related facilities, water distribution system, sewage collection system, storm drainage facilities and such other utilities as may be required of the developer by the Town.

25.

An engineer's estimate of the total number of gallons per day of water system requirements where a distribution system is proposed.

26.

Where a public water system is proposed, the plan must show:

27.

The location of water, and a preliminary plan of the distribution system.

28.

Adequate evidence that a water supply, that is sufficient in terms of quality, quantity and dependability, will be available to ensure an adequate supply of water for the type of subdivision proposed.

29.

If water is to be supplied by an existing public purveyor, a statement from the purveyor stating:

a.

Willingness to extend.

b.

The quantity of water to be furnished.

c.

Existing commitments to be served.

d.

The quantity of water available to the purveyor.

e.

The feasibility of extending the service into the subdivision.

f.

If wastewater treatment is to be accomplished by an existing public facility:

g.

The contract for service.

h.

An engineer's report showing:

i.

The existing capacity over and above commitments or ability to expand so as to create capacity.

ii.

A study showing the feasibility of extending services into the subdivision.

iii.

It shall be the responsibility of the subdivider to provide the appropriate utility companies with preliminary and final plats and any such plat revisions that in any way affect the type of design of the systems to be installed.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Materials required to accompany final subdivision plat application. Following the approval of the preliminary plat, but not more than six (6) months after such approval, unless an extension of time is granted, the subdivider shall submit to the Town Clerk a sufficient number of copies of the proposed final plat and supporting materials to allow review of same by the Director of Public Works, Building Official, and other reviewing agencies.

1.

In the event a preliminary plat covers only a portion of the applicant's entire holding, a sketch of the prospective street system for the entire tract shall accompany said plan. Filing fees will not be paid on the additional area until such time that a subdivision plat is submitted for such area.

2.

Drainage:

a.

If any drainageway exists within the proposed subdivision or adjacent to said subdivision that would be affected by any additional runoff caused by the development of the proposed subdivision, the applicant shall provide a drainage plan. Such plan shall incorporate existing and future upstream development and drainageway modifications, the impact of the proposed subdivision with respect to increased runoff contribution and drainageway modification, means to minimize the additional runoff and increased flow rates, and consider immediate and future downstream implications. Such plat shall show the existing topography by dashed lines, and the approximate proposed grading shall be indicated by solid lines within the proposed subdivision.

b.

Should it be determined that a preliminary drainage plan is not required, the applicant shall provide a grading plan of the proposed subdivision which shall show the existing topography by dashed lines, and the approximate proposed grading shall be indicated by solid lines.

c.

For a drainageway easement where a subdivision is traversed by a watercourse, stream or drainageway, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction of both will be adequate for drainage proposes. Parallel streets, parkways, walkways, culverts, bridges or storm sewers may be required in connection with such drainage easement.

3.

All subdivision plans shall provide dedication of easements sufficient to allow the efficient installation and placement of all utilities as needed by the development now and in the foreseeable future.

4.

Public utility installations shall be located so as to permit multiple installations within the easements to avoid cross-connections, minimize trenching and adequately separate incompatible systems.

5.

Easements for utility service lines shall follow rear and side lot lines whenever practical and shall have a minimum width of ten (10) feet. The center line of any easement shall not coincide with a property line, and wherever possible the easement shall lie entirely on one (1) side of the property line. Where front line easements are required, a minimum of fifteen (15) feet shall be allocated as a utility easement, and shall not be less than fifteen (15) feet in width extending throughout the peripheral area of the development.

6.

The location and width of all utility easements shall be subject to the approval of the Director of Public Works and of the utilities using the easement. The subdivider shall be responsible for complying with the requirements, including any construction or installation charges, of the servicing utilities for the installation of such facilities.

7.

Underground placement of utilities shall be required in all subdivisions. Water and sewer lines must be buried at a minimum of nine and one-half feet (9.5') with cover to prevent freezing at or above eight thousand (8,000) feet. Electrical lines are to be buried at a minimum of forty-two (42) inches for primary and thirty (30) inches for secondary lines measured from the bottom of the conduit.

8.

All residential, commercial and industrial uses which have human occupancy shall be connected to the Fairplay sewer system. The design and installation of all sewer mains, laterals and house connections must be in conformance with the Uniform Building Code and rules and regulations of the Fairplay Sanitation District. All sewer mains and laterals shall be installed in easements and/or dedicated rights-of-way.

9.

All residential, commercial and industrial uses which have human occupancy shall be connected to the Town's municipal water system. The water distribution system of the subdivision shall contain mains of sufficient size and have sufficient number of outlets to furnish an adequate water supply for each lot or parcel in the subdivision, and to provide adequate riser protection. The Northwest Fire Protection District will review plans to ensure adequate fire protection. Design of water distribution systems shall be done by a licensed engineer and be in conformance with the Town requirements.

10.

Any new building construction or other site alteration shall minimize the removal from the lot of trees with a trunk diameter of four (4) inches or more.

(B)

Required accompanying data: The final plat shall be accompanied by the following data:

1.

A certified statement by the subdivider to the effect that all supplemental information furnished with the preliminary plat is embodied in the final plat or, if this is not the case, revised supplemental data of the same scope and format as required for the preliminary plat is being furnished with the final plat.

2.

Utility location plan.

3.

Three (3) copies of all the protective covenants or restrictions placed on the subdivision, one (1) copy of which shall be filed with the plat.

4.

Engineering plans, descriptions and cost estimates for streets, drainage facilities, utility systems, bridges and for other improvements proposed to be installed by the subdivider.

5.

A check for the total amount of all fees owing the Town.

6.

Warranty deed to the Town conveying to the Town all public lands other than streets shown on the plat if not otherwise dedicated on the plat.

7.

Payment for any other fees applicable to the subdivision.

8.

Proof that the subdivider has a right to subdivide certain real property. Evidence shall include ownership and encumbrance reports and written approval by mortgagors, or other persons or corporations having interest in said property, agreeing with proposed subdivision.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Documents to accompany final plats:

1.

Not less than three (3) copies of an improvements plan which shall include, as applicable, profiles, grades, specifications, estimated construction costs, time schedule and other necessary information for the construction and installation of all improvements.

2.

If there is evidence of unsuitable surface and/or subsurface soil conditions, the applicant shall provide a report, prepared by a licensed engineering geologist, which examines slope, stability and erosion characteristics, water table elevations, swelling pressure potential, bedrock depth or other geological characteristics necessary to ensure that all hazards and special precautions have been identified.

3.

If the proposed subdivision is five (5) acres or larger, and there is evidence of sand, gravel, quarry aggregate or other mineral deposits underlying the subject property, the applicant shall provide a report, prepared by a licensed engineering geologist, which shall show the thickness and quality of such deposits, map the limits of the deposits, and other required information to determine the commercial value of such deposit, in accordance with state law, Section 34-1-130(4), C.R.S.

4.

One (1) copy of the computed closure sheets for the entire subdivision.

5.

Development assurance for common open space:

a.

Adequate assurance may be required to ensure that any common open space and/or facilities will be provided as shown on the approved subdivision plat. Such assurance may be in the form of a bond, corporate surety or other financial guarantee approved as to form by the Town Attorney. The financial assurance, if required, shall be in the amount of one hundred twenty-five percent (125%) of the estimated engineering, materials and construction costs at the projected time of installation. If the required improvements are not complete by the projected time of completion, the Town shall review the amount of the financial assurance covering the incomplete improvements and may require that the amount of the assurance be revised in accordance with the then current costs of engineering, materials and construction.

b.

If development is proposed to occur in phases, assurances that common open spaces and/or facilities will be provided as shown on the approved subdivision plat shall stipulate that such open space and/or facilities will be completed in the same proportion as that particular phase is of the entire development.

c.

The requirements of this Subsection are deemed separate, distinct from and are not met by the requirements for collateral to secure construction of public improvements as provided hereinabove.

(B)

Required improvements:

1.

Unless specifically authorized, the following improvements shall be addressed in the subdivision improvements agreement or contract:

a.

Road grading and surfacing.

b.

Curbs, gutters and driveways.

c.

Sidewalks.

d.

Sanitary sewer mains as applicable and sanitary sewer laterals and house connections and payment of fees.

e.

Separate bicycle paths.

f.

Water distribution system, and fire-fighting resources, including fire hydrants, where applicable, water meters and house connections; this includes payment to the Town for the appropriate portion of any water lines built through the property by the Town as determined by the staff.

g.

Storm sewers or storm drainage system, as required.

h.

Street signs at all street intersections and other places, as required, and address numbers for all buildings; such signs and address numbers to be acceptable to the Town of Fairplay.

i.

Landscaping plan, including street trees and irrigation distribution system in conformance with the landscaping regulations specified in Article XXV.

j.

Street trees.

k.

Permanent reference monuments and monument boxes.

l.

Exterior lighting plan including street lighting in conformance with the lighting regulations specified in Article XXVI.

m.

Underground electric and communication utility lines and services, and all street lighting devices.

n.

Adequate parking facilities.

o.

Other facilities as may be specified or required in these regulations by the Town Administrator or her/his designee or Board of Trustees.

p.

No improvements shall be made until all required plans, profiles and specifications for such improvements have been submitted and approved by the designated Town official.

(C)

Acceptance of streets, roads, water system and other public improvements:

1.

Preliminary acceptance:

a.

Upon completion of street or road, water system or other improvements, the subdivider shall notify the Town in writing and request inspection. The Director of Public Works or other designated inspector shall inspect such improvement and shall notify the subdivider in writing of nonacceptance or preliminary acceptance. If an improvement is not acceptable, the reasons for nonacceptance shall be stated and corrective measures shall be outlined in a letter of notification.

b.

Until such time that the developer has received written acceptance for full maintenance of a public improvement by the Town, the developer shall be responsible for all maintenance and repairs of such improvement.

c.

The Town shall not be required to inspect or accept street or water system improvements for maintenance from November through May since construction and operational deficiencies cannot usually be determined or corrected during this period due to weather.

d.

The Town may require continued surety by the subdivider for any work to be done.

2.

Final acceptance:

a.

One (1) year following the issuance of a certificate of preliminary acceptance, the Public Works Director or other designated inspector shall inspect a public improvement for final acceptance.

b.

The Town shall notify the subdivider in writing of nonacceptance or final acceptance. If an improvement is not acceptable, the reasons for nonacceptance shall be outlined in the letter of notification. If an improvement is found to be acceptable, the Town shall release the guarantee for the improvement and assume full maintenance responsibility for same as provided in Paragraph (3) below.

3.

Certificate of completion: Except as may be otherwise provided in any subdivision agreement, the Town shall not accept responsibility for the operation or maintenance of improvements until completion of the improvements and final acceptance thereof by the Town. The Town will not accept any improvements, nor release or reduce the amount of any security posted by the subdivider, until the Town has certified that the required improvements have been satisfactorily completed and the subdivider's engineer or surveyor has provided detailed "as-built" drawings and/or surveys illustrating locations, dimensions, materials and other information required by the Town, and that the quality, grade, siting, alignment and all other aspects of the improvements are in accordance with construction plans for the subdivision. Additionally, the subdivider must affirm by delivery of an opinion of title or other documentation deemed acceptable by the Town that the improvements have been completed, are ready for acceptance by the Town and are free and clear of any and all liens and encumbrances. Upon written application by the subdivider for a certificate of completion, and provided that all payments and other performance agreed to be made and performed by the subdivider have been made and completed, the Town shall issue a certificate of completion. Upon issuance of a certificate of completion, all improvements specified in the certificate shall be deemed to be approved and accepted by the Town, whereupon the specific improvements shall be owned, operated and maintained by the Town.

4.

Maintenance of improvements: A subdivider/developer shall maintain all subdivision improvements and infrastructure, except for the removal of snow from streets, sidewalks or other public rights-of-way, until final acceptance of the improvements for maintenance by the Town. Prior to final acceptance, the Town, upon reasonable notice to the subdivider/developer, may undertake emergency repairs to any improvement or infrastructure as deemed necessary by the Town, and charge the reasonable costs thereof to the subdivider/developer. The Town may make demand and draw upon security posted by the subdivider/developer for any improvement or infrastructure in order to recover its costs in maintaining or repairing same.

5.

Deferral or waiver of required improvements:

a.

The Town may defer or waive at the time of final subdivision plat approval, subject to appropriate conditions, the provision of any or all subdivision improvements as the Town may deem necessary due to inadequate or non-existent connecting or supporting facilities or systems, or for other just cause. Decisions to waive or defer otherwise required subdivision improvements may only be made by the Board of Trustees on the record at a public hearing or meeting, and must be supported by expressed findings and reasons.

b.

Whenever it is deemed necessary to defer the construction of any improvement required under these regulations because of incompatible grades, future planning, inadequate or nonexistent connecting facilities, or for other reasons, the subdivider shall pay to the Town its estimated proportionate share of the costs of the future improvements prior to the execution of the final subdivision plat, or execute a separate subdivision improvements agreement secured by a letter of credit or other financial instrument acceptable to the Town guaranteeing completion of the deferred improvements upon demand of the Town.

6.

Issuance of building permits or certificates of occupancy: No building permit or certificate of occupancy shall be processed or issued by the Town for any lot(s) or building(s) within a subdivision prior to the complete and satisfactory installation of all subdivision improvements or infrastructure required to serve such lot(s) or building(s), and the payment of any and all subdivision fees then due to the Town by the subdivider/developer.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Completion of improvements. All applicants granted a subdivision approval requiring or involving public improvements and/or infrastructure shall timely, fully and satisfactorily construct or install all such public or other required improvements and infrastructure as a condition of final subdivision development approval. All improvements and infrastructure intended for public use shall be dedicated and/or transferred to the Town free of all liens and encumbrances. A failure by an applicant to complete, dedicate and/or transfer subdivision improvements and infrastructure as required herein may result in the suspension or withdraw of approval and authorization for the subdivision.

(B)

Subdivision improvements agreement and guarantee.

1.

Agreement. No final subdivision plat shall be executed by the Town and no building permits shall be processed or issued for any lot or property within a subdivision involving or requiring the installation of public or other subdivision improvements absent the preparation and execution of a written subdivision improvements agreement (or development agreement) which shall be recorded simultaneously with the final subdivision plat. Such agreement shall, at a minimum, set forth construction specifications for required subdivision improvements, a construction and completion schedule, provide for security and guarantees concerning the timely and satisfactory completion of the improvements, and identify the terms and conditions for the acceptance of the improvements by the Town. The agreement shall also include a requirement that all improvements be maintained by and/or at the cost of the subdivider for a period of one (1) year following preliminary acceptance, and that the subdivider will warrant all improvements to be free from defects (inclusive of materials, design and construction) for a period of one (1) year following preliminary acceptance.

2.

Covenants to run. A subdivision improvements agreement (or development agreement) shall run with the land and bind all successors, heirs and assignees of the subdivider.

3.

Security. All subdivision agreements (or development agreements providing for the installation of subdivision improvements) shall include a requirement for the posting of adequate financial security to insure the timely, complete and satisfactory construction or installation of all subdivision improvements and infrastructure as called for in the agreement. Security shall be in an amount not less than one hundred twenty-five percent (125%) of the estimated cost of completion of all improvements or infrastructure and may be provided by letter of credit, cash escrow, performance bond, or other financial instrument as approved by the Town within its sole discretion.

a.

Letter of credit. If an applicant posts a letter of credit as security, it shall: (1) be irrevocable; (2) be for a term, inclusive of renewals, sufficient to cover the completion, maintenance and warranty periods as required in this Section; and (3) require only that the Town present the letter of credit with a demand and an affidavit signed by the Mayor attesting to the Town's right to draw funds under the letter of credit.

b.

Cash escrow. If an applicant posts a cash escrow, the escrow instructions shall provide that: (1) the subdivider will have no right to a return of any of the funds except as provided in this Section and (2) that the escrow agent shall have a legal duty to deliver the funds to the Town whenever the Mayor presents an affidavit to the agent attesting to the Town's right to receive funds, whether or not the subdivider protests that right.

c.

Reduction of security. Upon preliminary acceptance of a subdivision improvement or infrastructure, the Town shall release all but twenty-five percent (25%) of the amount of financial security posted to secure the successful and timely completion of same, so long as the subdivider/developer is not in default of any provision of the subdivision improvements (or development) agreement. The residual twenty-five percent (25%) retained by the Town shall act as security for the subdivider/developer's guarantee that the subdivision improvements and infrastructure remain free of defect during the applicable warranty period. The subdivider/developer may at any time during the preliminary acceptance or warranty period offer to provide a substitute or supplemental form of financial security to that security as originally posted with and/or retained by the Town.

(Ord. 2015-3, §1, 1-4-2016)

All plats shall have the following certificates and statements unless otherwise authorized by the Town Attorney:

1.

Certification of approvals and signature blocks for the following:

a.

The Town Administrator Certificate (Minor Subdivisions) by the Town Administrator;

b.

The Board of Trustees Certificate by the Mayor (where applicable);

c.

Attestation and Acceptance Certificate by the Town Clerk;

d.

Clerk and Recorder Certificate for Park County;

e.

Landowner Ownership and Dedication Certificate(s);

f.

Title Company/Attorney Title Certificate;

g.

Surveyor's Certificate; and

h.

Mortgagee's or Lien Holder Certificate (when applicable).

2.

Certificates substantially complying in form with the following shall, at a minimum, be included on the final map/plat when applicable.

3.

Other documents required at the time of submission of the final plat shall be:

a.

Draft engineering plans and specifications for all public infrastructure and facilities, e.g., water and sewer systems, streets/paving, drainage, curb, gutter and sidewalk.

b.

Utility and Ditch Company service agreements/written commitments when applicable.

c.

A draft subdivision improvements/development agreement prepared in substantial compliance with such format as adopted by the Town, inclusive of financial security agreements or specimens and all terms and conditions, if any, of subdivision approval established by the Board of Trustees. (The submission of the draft agreement can be delayed at the applicant's discretion until after the public hearing on the proposed final plat.)

(Ord. 2015-3, §1, 1-4-2016)

Prior to granting final approval of a subdivision plat, the Board of Trustees may permit the plat to be divided into two (2) or more phases or sections and impose such conditions upon the filing of the phases and sections as it may deem necessary to assure the orderly development of the plat. The Board of Trustees may also require that the subdivision improvement agreement and performance guarantees applicable to the subdivision be in such amount(s) as is commensurate with the phase or phases of the plat to be filed, and may defer the remaining amount of the security until the remaining phases of the plat are offered for filing. The developer may also file irrevocable offers to dedicate streets and public improvements in the sections offered to be filed and defer filing offers of dedication for the remaining phases until those phases, subject to any conditions imposed by the Board of Trustees, shall be granted concurrently with the final approval of the plat. If phasing is approved, the approved subdivision plat showing the approved phase shall be filed with the County Clerk and Recorder's office. Unless otherwise approved by the Board of Trustees, phases must contain at least twenty-five percent (25%) of the total number of lots contained in the approved plat. The approval of all remaining phases not initially filed with the Clerk and Recorder's office shall automatically expire unless such phases have been approved and recorded, and all fees, instruments and offers of dedication have been submitted, along with a subdivision improvement agreement, security and performance bonds, if any, within three (3) years of the date of final subdivision approval of the subdivision plat.

(Ord. 2015-3, §1, 1-4-2016)

If the Town suspends final plat approval for any subdivision plat under these regulations, it shall record a document with the Park County Clerk and Recorder's office declaring that final approval for the subdivision is suspended and that the further sale, conveyance or development of property within the subdivision is prohibited; except that this prohibition shall not apply to innocent third persons or parties who have acquired property from the subdivider in good faith, unless the person or party acquiring property has done so as joint or common owner with the subdivider. Similarly, if any court of competent jurisdiction invalidates final plat approval for any subdivision, the municipality shall record a document with the Park County Clerk and Recorder's office declaring that the final plat for the subdivision is no longer valid and that further subdivision activity is prohibited.

(Ord. 2015-3, §1, 1-4-2016)