(A)

Any resubdivision of a lot, tract or other parcel of land which has previously been subdivided is subjected to all provisions of this Chapter and all other rules and regulations which may apply to the original subdivision of land, except where such resubdivision is specifically exempted therefrom upon application to and approval by the Board of Trustees. Resubdivisions that do not require any public improvements may have the requirement for a Subdivision Improvement Agreement (SIA) waived upon a determination by the staff that it is unnecessary.

(B)

All resubdivisions shall comply with the procedures in Section 16-14-20 of this Chapter.

(C)

A resubdivision final plat will be reviewed by the Town Planner at the pre-application conference.

(D)

The final plat will be reviewed by the Town Administrator or at her/his sole discretion, the application may be referred to the Board of Trustees for final approval or disapproval after the required public notice pursuant to Article IV of this Chapter.

(Ord. 2015-3, §1, 1-4-2016)

An applicant may appeal a decision of the Town Administrator denying a resubdivision 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.

(Ord. 2015-3, §1, 1-4-2016)

In addition to the general procedures required in this Article, a party-wall agreement shall contain but not be limited to the following:

1.

Identification of parties.

2.

Identification of party-wall.

3.

Provisions for repair and maintenance.

4.

Restrictions, if any, pertaining to structural changes to the party-wall.

5.

Easements for repairs to the party-wall.

6.

Restrictive liens.

7.

Utility easements (if needed).

8.

Any other documentation as may be reasonably required.

(Ord. 2015-3, §1, 1-4-2016)

(A)

All proposed condominium projects and the condominiumization of existing property shall comply with the general procedures in Section 16-14-20 or 16-15-20 of this Chapter as the same are applicable.

(B)

A subdivider proposing a condominium conversion shall provide a condominium conversion inspection report to the Building Official on the condition of the building illustrating the building's and all individual unit's compliance with all building and fire code regulations. The subdivider shall also make the building and individual units available for inspection by the Building Official if the Building Official deems such inspection is necessary to confirm compliance of the building and/or units with the Town's building and fire safety regulations. A fee will be required to cover the cost of the inspection.

(C)

Final plat: In addition to the applicable provisions in Section 16-14-20 or 16-15-20, respectively, for final condominiumization approval, the following is needed:

1.

A map showing all common areas and usages of the building and grounds, and plans for the interior division of the building showing horizontal and vertical boundaries of all units.

2.

A copy of the declarations applicable to the condominium project, as defined in the Colorado Common Interest Ownership Act, C.R.S., §§ 38-33.3-101, et seq.

3.

A copy of the condominium corporation bylaws. The bylaws shall contain the information required by the Colorado Common Interest Ownership Act. All condominium projects shall comply with these requirements.

4.

A management plan which states:

a.

The responsible party for managing the common area, lodging reservation, etc.

b.

Provisions for selecting, appointing and securing management.

c.

Responsibilities and duties of the managing entity.

d.

The responsible party for coordinating the use and rental unit occupancy of those units that are used for short-term lodging.

5.

A maintenance plan which states:

a.

The responsible entity for repair and maintenance of common areas.

b.

What will be included in the maintenance program including, but not limited to, provisions for snow removal, trash removal, maintenance of pools, hot tubs, common areas and other amenities.

c.

The mechanism used to fund the management and maintenance activities of the development.

(D)

Approval: No partial or final map shall be approved until all applicable requirements have been met.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Any application to subdivide or resubdivide land may simultaneously seek treatment and designation of the proposed subdivision as a PUD. If PUD designation is sought, then the subdivision application must incorporate and comply with the PUD application processes and approval criteria contained in Article IX of this Chapter in addition to satisfying the application requirements contained in this Chapter. Whenever PUD and subdivision application procedures or requirements overlap or are in conflict, such procedures or requirements shall not be applied cumulatively, but in a manner to avoid redundancies and to process the application in an expeditious fashion. Application fees with respect to residential PUD/subdivisions shall be calculated utilizing proposed lots, or units where multiple residential buildings/single-family units are proposed to be constructed on a single lot or parcel.

(B)

If, following detailed review of the proposed plans as they relate to the approval criteria for a PUD, the Board of Trustees finds that the interests of the Town concerning good design, environmental amenity and efficiency of public services would be enhanced thereby, the Board of Trustees may waive one (1) or more of the subdivision regulations (excepting the requirements for installation of improvements), or may establish additional conditions to be met by the development plan.

(C)

In approving such a PUD/subdivision development plan, the Board of Trustees shall be assured that the development provides and dedicates adequate open spaces and improvements for circulation, parking, recreation and service needs of the tract when fully developed, and that adequate covenants, financial and legal guarantees are provided as will assure that the plan will be followed and achieved.

(Ord. 2015-3, §1, 1-4-2016)

In addition to the procedures contained in Section 16-14-20 or 16-15-20 of this Chapter, the applicant shall provide the following additional information and documentation to the Town at the time of application for time share development or conversion.

(A)

Final plat: A plat showing all common areas and usages of the building and grounds and plans for the interior division of the building showing horizontal and vertical boundaries of all units. This is not required if there has not been a change or addition to the original plat for the property.

(B)

A statement fully and accurately disclosing:

1.

The name of the developer and the principal address of the developer and the units offered in the statement.

2.

A general description of the time share units including, without limitation, the developer's schedule of commencement and completion of all buildings, units and amenities.

3.

As to all units offered by the developer in the same project:

a.

The types and number of units.

b.

Identification of units that are time share units.

c.

The maximum number of the developer's units that may become time share units.

d.

A statement of the maximum number of time shares that may be created, or that there is no maximum.

e.

The number of proportion of time shares the developer intends to market in blocks to investors.

(C)

Time share development shall provide a management plan which states:

1.

The responsible entity for managing the common areas, lodging, reservation, etc.

2.

Provisions for selecting, appointing and securing management.

3.

Responsibilities and duties of the management entity.

4.

The responsible party for coordinating the use and rental unit occupancy of those units that are used for short term lodging.

(D)

A maintenance plan which states:

1.

The responsible entity for repair and maintenance of common areas.

2.

What will be included in the maintenance program including, but not limited to, provisions for snow removal, trash removal, maintenance of pools, hot tubs, common areas and other amenities.

3.

The mechanism used to fund the management and maintenance activities of the development.

(E)

Prior to the approval of a time share development proposal, the applicant shall submit to the Town an affidavit that he or she has complied with Sections 38-33-111 and 112, C.R.S., or their successor statutes.

(Ord. 2015-3, §1, 1-4-2016)

(a)

Government initiated plat vacation.

(1)

General conditions. The Board of Trustees on its motion, may vacate the plat of an approved Subdivision or Planned Unit Development, in whole or in part, when:

a.

No lots within the approved Subdivision or Planned Unit Development, or no lots within a phase of the approved Subdivision or Planned Unit Development, .....have been sold within five (5) years from the date that the plat was signed by the Mayor;

b.

The developer has breached a Subdivision Improvement Agreement or other .....development agreement and the Town is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the developer or its successor;

c.

The plat has been of record for more than five (5) years and the Board of Trustees determines that the further sale of lots within the Subdivision or Planned Unit Development presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the developer or its successor; and

d.

No vested rights exist on the property.

(2)

Procedure. Upon any motion of the Board of Trustees to vacate the plat of any previously approved Subdivision or Planned Unit Development, in whole or in part, the Board of Trustees shall publish notice in a newspaper of general circulation and provide personal notice to all property owners within the Subdivision or Planned Unit Development and shall also provide notice to the governing body. The notice shall state the time and place for a public hearing on the motion to vacate the Subdivision or Planned Unit Development plat. The publlc hearing shall be no sooner than thirty (30) and no later than forty-five (45) days from the date of the publication and personal notice. The Board of Trustees shall approve the resolution affecting, the vacation on such terms and conditions as are reasonable to protect public health, safety, and welfare; but in no event may the Board of Trustees approve a petition for vacation if it will materially injure the rights of any nonconsenting property owner or any public rights in public improvements unless expressly agreed to by the governing body.

(3)

Recordation. If the Board of Trustees adopts a resolution vacating a plat in whole, it shall record a copy of the resolution in the Clerk and Recorder's office of Park County. If the Board of Trustees adopts a resolution vacating a plat in part, it shall record a copy of the resolution as described above and cause a Revised Final Subdivision or Planned Unit Development Plat to be recorded which shows that portion of the original subdivision plat that has been vacated and that portion that has not been vacated.

(Ord. 3, 2019, §2)