The purpose of this Chapter is to:

A.

To assist orderly, efficient, and integrated development, and to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future residents of the Town;

B.

To encourage the proper arrangement of subdivisions in relation to existing or planned subdivisions in order to facilitate safe, efficient and pleasant walking, biking and driving;

C.

To provide for a variety of lot sizes and housing types;

D.

To ensure an adequate and efficient street system by regulating the location, design, class, and type of street, sidewalk and other transportation corridors; and

E.

To secure adequate provisions of water, electric service, drainage, sewers and other facilities and services for the health and safety of Town citizens.

The provisions of this Chapter shall be applicable to any person who divides, or participates in the division of a lot, tract, or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for any purpose including, but not limited to, the immediate or future purpose of conveyance, sale or building development, whether residential, industrial, office, business or otherwise, within the Town. Any plat for the subdivision of land, within the Town, including the re-subdivision of land previously subdivided, shall be submitted to the Town for action in accordance with this FDC. The following shall be excepted from the provisions of this Chapter: (1) Any division of land created for the sole purpose of establishing public rights-of-way, public utility rights-of-way, or other lands for municipal and school district purpose; (2) the sale of cemetery lots within a permitted cemetery, where the cemetery maintains records as to the size, location, and ownership of the lots; and (3) granting of easements. No subdivision plat shall be used for purposes of sale or development until approved by the Town and recorded with the Weld County Clerk and Recorder as provided in this FDC. Every plat shall be recorded in the office of the Weld County Clerk and Recorder. It shall be unlawful for the owner or an agent of the owner of any land to transfer or sell any unsubdivided land or lands by reference to, exhibition of, or by use of a plat of a subdivision before such plat has been approved by the Town and recorded in the office of the Weld County Clerk and Recorder. It shall be unlawful to erect, construct, reconstruct, use or alter any building or structure or to use any land in violation of this chapter.

A.

Permits. No building shall be erected on any lot, nor shall a building permit be issued for a building unless the lot is part of a subdivision approved in accordance with this Chapter or prior subdivision regulations.

B.

Stormwater permits. All construction activities that disturbs one or more acres of land, as well as activities that disturb less than one acre of land, but are part of a larger common plan of development, must comply with both local and state regulations regarding stormwater drainage on construction sites.

1.

Colorado Stormwater Discharge Permit. Owners or contractors must obtain a Colorado Stormwater Discharge Permit for construction activities from the Colorado Department of Public Health and Environment (CDPHE).

2.

Stormwater quality permit. Owners and contractors must also obtain a stormwater quality permit from the Town.

C.

Minimum standards. The standards in this Chapter are minimum standards. The Town may impose more restrictive standards when it finds that they are necessary to conform the design of a proposed subdivision to sound engineering or design standards or other standards in this FDC.

D.

Compliance with other provisions of this FDC. All subdivisions shall comply with all other applicable zoning, design, and development regulations set forth in this FDC, including but not limited to:

1.

The requirements of the zoning district in which the property is located (see Chapter 2, 3 and 4);

2.

The requirements relevant to Special Review Uses (see Chapter 3); and

3.

Generally applicable development and design standards (see Chapter 6).

E.

Compliance with other Town of Firestone adopted plans and policies. The design of subdivisions shall be generally consistent with all other adopted plans and policies adopted by the Town, including but not limited to:

1.

The Town of Firestone Comprehensive Master Plan, as amended;

2.

The Town of Firestone Parks, Open Space, and Trails Master Plan, as amended;

3.

Town of Firestone Transportation Plan, as amended;

4.

Town of Firestone Utility Master Plans, as amended;

5.

The Town of Firestone Standards and Specifications, as amended; and

6.

All subdivisions shall result in the creation of lots which are developable and capable of being built upon in compliance with all engineering regulations. Subdivisions may also contain tracts which are not intended as building lots but are necessary for other purposes. All such tracts shall be shown on the plat and designated as to their purpose.

(Ord. 982 Att., 2020)

No subdivision shall be approved unless it complies with all of the following standards:

A.

Name of subdivision. The title under which the subdivision will be recorded shall not duplicate the name of any existing subdivision in the Town.

B.

Natural and scenic resource protection. The standards and requirements in Section 16.6.2, shall apply to all subdivisions.

C.

Natural hazard areas. Land subject to hazardous conditions such as landslides, rock falls, expansive soils, mine subsidence, mine shafts, shallow water table, open quarries, floodplains, and polluted or non-potable water supply shall be identified and shall not be subdivided until the hazards have been mitigated or will be mitigated by the subdivision and construction plans.

D.

Adjoining subdivisions. A proposed subdivision shall be designed in such a manner as to be coordinated with adjoining subdivisions (existing and proposed) with respect to the alignment of street rights-of-way, utility and drainage easements, open space, view corridors, pedestrian/bicycle paths, and other relevant design considerations.

E.

Lots.

1.

Lot size, width, depth, shape, and orientation and minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated, and shall facilitate the placement of buildings with sufficient access, outdoor space, privacy, and view. All lots shall conform to the applicable zoning regulations affecting the property.

2.

Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street parking, landscaping or planting area, and loading areas required by the type of use and development contemplated.

3.

No single lot shall be divided by a municipal boundary line.

4.

No single lot shall be divided by a zone district boundary line.

5.

A lot shall not be divided by a street, alley, or other lot.

6.

Each residential lot shall be provided with lot frontage on a street. Residential lots may be permitted to front on common greens, parks, auto-courts, and other common areas located within a tract with a minimum width of thirty (30) feet and subject to the provisions of this FDC. Non- residential lots shall be provided with lot frontage on a street or private drive.

7.

Corner lots for residential use shall have extra width to accommodate the required building setback line on both street frontages.

8.

Wedge-shaped lots shall not be less than thirty-five (35) feet in width at the front property line. Such lots shall conform to the minimum lot width for the district at the front setback line.

9.

Side lot lines shall be at substantially right angles and radial to curved streets. Where lot lines are not at right angles to the street lines, it shall be indicated on preliminary and final plats.

10.

Triple frontage lots and flag lots are prohibited in residential zone districts.

11.

Lot widths and minimum square footage shall conform to the requirements of Chapter 4 of this FDC.

12.

Double frontage residential through lots are prohibited. To prevent such double frontage lots, a landscape tract of not less than thirty (30) feet shall be required between the rear of a lot and street right-of-way. Alley loaded lots shall not be considered double frontage lots for the purpose of this section.

F.

Blocks. The requirements and standards set forth in Section 16.6.5, shall apply to all subdivisions.

G.

Streets. All streets shall comply with the requirements and standards set forth in Section 16.6.5, in addition to the following:

1.

Compliance with Town Standards required. All new streets within a subdivision shall be constructed in accordance with the Town of Firestone Transportation Master Plan and the Standards and Specifications.

2.

General street design considerations. All new streets should be designed in relation to existing or planned streets, to public convenience and safety, and in relation to the proposed use of land to be served. To the maximum extent reasonably practicable, streets shall be arranged to follow the natural contours of the site. Streets shall be extended to connect with existing streets, except where such extension is prevented by topography or other physical conditions or where the connection of streets with existing or probable future streets is deemed unnecessary by the Town for the advantageous development of adjacent properties.

3.

Private streets. Private streets may be permitted provided they meet all Standards and Specifications required for public streets and rights-of-way and demonstrate that private streets and rights-of-way can be perpetually maintained.

4.

Street intersections.

a.

Arterial streets shall not be intersected by local streets.

b.

No more than two (2) streets shall intersect at one (1) point unless approved by the Town Engineer.

c.

Streets shall intersect at ninety (90) degrees, except where this may be impractical. Angles of less than ninety (90) degrees may be designed, subject to the approval of the Town Engineer.

d.

Two (2) local streets meeting a third street from opposite sides shall meet at the same point, or their centerlines shall be offset at least one hundred fifty (150) feet.

5.

Street right-of-way widths. Street right-of-way widths within the proposed subdivision, or boundary streets impacted by the proposed subdivision, shall follow the Town's Transportation Master Plan and Standards and Specifications.

6.

Cul-de-sacs. All cul-de-sacs shall be designed in accordance with the Standards and Specifications of the Town and the Fire District. A cul-de-sac on a local street shall not be longer than seven hundred fifty (750) feet and at the closed end shall provide a turnaround in a configuration approved by the Town Engineer and Fire District. The cul-de-sac length shall be measured from the centerline of the intersecting street to the centerline of the cul-de-sac turnaround.

7.

Street Arrangement and Connections.

a.

Local streets shall be arranged so that their use by through traffic will be discouraged. Traffic calming techniques such as use of grid patterning, diverters and curvilinear alignments are encouraged to reduce speeds and cut-through traffic. All traffic calming measures shall be approved by the Town Engineer.

b.

Where a subdivision borders the following, a minimum landscaped buffer area shall be provided as follows: thirty (30) feet adjacent to arterial streets and section line roadways, fifty (50) feet adjacent to railroad right-of-way, and one hundred (100) feet adjacent to Interstate right-of-way. This buffer is in addition to any required right-of-way, and exclusive of any lot size requirements. No driveway access shall be permitted from the lot directly to any highway, freeway, arterial, section line roadways, or railroad right-of-way.

c.

Dead-end streets (excluding cul-de-sac or stub streets) shall not be permitted unless approved by the Board of Trustees.

d.

Visibility into residential subdivision from arterial, section line, and collector roadways shall be emphasized and coordinated with street configurations including cul-de-sacs and parallel road loops, open space, and trail corridors. The backing of lots to arterials, section line, and collector roadways shall be limited. Continuous runs of lots which back to such roadways shall not exceed five-hundred (500) feet in length.

e.

Openings in the perimeter fence frontage shall serve to visually link intersecting streets, view corridors into and out of the development, pedestrian entryways, and parks or open space.

H.

Alleys. Alleys are permitted subject to meeting all the standards in this Section and other pertinent sections of this FDC. All new alleys shall be constructed in accordance with Town of Firestone Standards and Specifications.

1.

Alleys in developments approved after the effective date of this FDC shall be privately owned and maintained within a tract. An easement in such alleys shall be granted to the Town and/or other service providers for installation and maintenance of utilities, refuse collection, and similar facilities and services.

2.

In residential districts, alleys should be parallel, or approximately parallel, to the frontage of the street. Alleys in residential districts shall provide a minimum of thirty (30) feet of right-of-way. A minimum of twelve (12) feet of pavement is required unless otherwise required by the Town or fire district.

3.

Dead-end alleys shall not exceed one hundred fifty (150) feet in length.

4.

If an alley is provided, garage driveway connections shall be from an alley. In areas where no alley is provided, garage driveway connection shall be from the street.

5.

Alleys may not exceed a maximum length of six hundred (600) feet without having a secondary outlet to a residential street.

I.

Sidewalks, curbs and gutters. In all subdivisions, streets shall be constructed according to Standards and Specifications. Handicap accessible ramps from the sidewalk to street grade shall be provided, in conformance with the Americans with Disabilities Act criteria.

J.

Utility easements. In addition to the following, the requirements and standards set forth in Subsection 16.6.4.G, shall apply to all subdivisions provisions for utility easements.

1.

Utility easements shall follow rear and side lot lines whenever practical, and the centerline of any easement should coincide with a joint property line.

2.

Easements shall be determined so as to provide efficient installation of utilities and should integrate well with the Town's street design criteria.

3.

Public utility installations shall be so located as to permit multiple utility installations within the easements, to avoid cross connections, to minimize trenching and adequately separate incompatible systems. No utilities shall be placed within one (1) foot of the property line of any property.

4.

The location and width of all utility easements shall be subject to the approval of the Town and the utility providers.

5.

Utility lines shall be placed underground. The applicant shall make the necessary arrangements including any construction or installation charges with each of the serving utilities for the installation of such facilities.

6.

Other utility equipment (including but not limited to transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, street lighting utilities, and other facilities necessarily appurtenant to such underground utilities) shall be placed underground whenever practicable. If placed above-ground, such equipment shall not be located in street medians or on utility poles unless no practicable alternative exists. Such equipment shall also be screened as required by the screening requirements of Subsection 16.6.4.G.

7.

The applicant shall establish rough-cut final utility grades prior to the utility installations.

K.

Stormwater drainage.

1.

General provisions.

a.

Drainage improvements shall be designed according to Town Standards and Specifications.

b.

Drainage areas shall be left in a natural state or designed to appear natural in form unless otherwise approved by the Town.

c.

Complete drainage systems for the entire subdivision area shall be designed by a professional engineer, licensed in the State of Colorado and qualified to perform such work, and shall be shown graphically. All existing drainage features that are to be incorporated in the design shall be so identified.

2.

Design of drainage systems.

a.

The drainage system shall be designed to consider the drainage basin as a whole and shall accommodate not only runoff from the subdivision area but also, where applicable, the system shall be designed to accommodate the runoff from those areas adjacent to and upstream from the subdivision itself, as well as its effects on lands downstream.

b.

Native re-vegetation techniques shall be used.

c.

Stormwater drainage systems shall be designed according to Town Standards and Specifications.

d.

The drainage report to be included with the Preliminary Plat submittal materials shall be subject to review by the Town and outside referral agencies.

e.

A final drainage report shall be submitted and accepted by the Town prior to final plat approval.

L.

Water and wastewater lines.

1.

Oversizing water lines. Oversizing of water lines may be required by the Town beyond the needs of the subdivision development and standard Town specification. In such cases the applicant shall pay for the cost of the line. In the event oversized utilities are required and are greater than twelve (12) inches in diameter, applicants can initiate requests for oversize recovery or reimbursement following final acceptance of the water line as part of a development agreement. The method and time of payment shall be established in accordance with the current policies of the Town and/or agreement between the applicant and Board of Trustees.

2.

Wastewater line standards. Design standards for wastewater lines shall be in accordance with the requirements of the St. Vrain Sanitation District.

M.

Water courses and ditches. The requirements and standards in Subsection 16.6.2.B shall apply to all subdivision plats.

N.

Water supply. The requirements and standards in the Municipal Code apply to all subdivision applications.

(Ord. No. 1022, §§ 3—5, 12-14-2022; Ord. No. 1003, §§ 11, 12, 12-8-2021; Ord. 982 Att., 2020)

A.

Improvements required. Applicants shall be required to pay for and construct all on-site and off-site public improvements and common facilities that are required to adequately serve the proposed development or are deemed necessary to address the impact caused by the proposed development. Payment for and construction of such on-site and off-site public improvements and common facilities shall be a requirement of the approval of a proposed development under this FDC.

The public improvements and common facilities required to be paid for and constructed as part of the proposed development shall be governed by a separate Subdivision Agreement or Development Agreement. The Subdivision Agreement or Development Agreement shall meet the requirements of this FDC and all other applicable adopted Town manuals and ordinances regarding the provision of the required public improvements and common facilities, including the current edition of the Town's Standards and Specifications.

B.

Subdivision agreement. In conjunction with final approval of a final plat by the Board of Trustees, the Applicant shall enter into a Subdivision Agreement with the Town providing for the construction and/or provision of public improvements, substantially in the form as set forth in Section 16.7.16. The agreement shall require the Applicant to construct or improve all streets, thoroughfares, public ways, drainage structures and water and sanitary sewer systems, and stormwater quality improvements both within and outside the subdivision. No public improvement work shall be commenced until Final Construction Plans have been approved by the Town Engineer. Improvements shall be installed to the satisfaction of the Town and in accordance with the engineering regulations as directed by the approved construction plans. The Subdivision Agreement shall be recorded concurrently with the recording of the final plat.

C.

Restriction of conveyance and certificates of occupancy. In order to secure the performance of the work to be done by an applicant, there shall be no conveyance, sale, or transfer of title of the entire subdivision, or any individual lot, lots, tract or tracts of land within the subdivision nor will the Town issue any certificates of occupancy for any lots therein until all improvements which are the subject of the development agreement are fully completed and operational as solely determined by the Town for public improvements and acknowledged by the Town for private improvements, and the Town issues a certificate of compliance releasing this prohibition. The foregoing notwithstanding, the applicant may convey to a single developer one hundred (100) percent of the lots in the subdivision, with the prior written consent of the Town Manager, provided, however, that such conveyance shall be subject to all provisions of the development agreement and this section, including restrictions upon subsequent conveyances and restrictions upon certificates of occupancy. Restrictions on conveyances and certificates of occupancy shall be noted on the final subdivision plat unless substituted contract security is posted as provided by this section. This provision shall not restrict the applicant from accepting financial deposit for lot reservations nor shall it restrict the issuance of building permits upon lots held by the applicant.

D.

Substitution of improvement guarantees. At any time, the applicant may offer substituted contract security to assure completion of the developer's obligations as set forth in the development agreement, and to release the restrictions of conveyances and certificates of occupancy as provided in this section. The requirements and standards for improvement guarantees set forth in Section 16.7.18 shall apply to all Final Development Plan and/or subdivision improvements.

E.

Initial acceptance of public improvements. Upon completion of the public improvements the applicant shall submit to the Town "as built" drawings of the improvements, proposed documents of conveyance, certified cost estimates of the public improvements, and a statement certifying that the improvements are fully complete, have been fully paid for, and the applicant has fully paid all persons or entities having furnished labor or materials for the design and construction of the improvements. Upon inspection and finding of satisfactory completion of the improvements in compliance herewith and all applicable standards and ordinances of the Town, and upon submission and approval of an acceptable warranty performance guarantee, the Town shall issue a "initial acceptance" to the developer which shall commence the running of the warranty period.

F.

Warranty.

1.

The applicant shall warrant that all improvements are free from defects, including but not limited to defects of materials, workmanship or design, and that the improvements otherwise fully comply with the applicable approved plans and profiles, and Town Standards and Specifications.

2.

The developer will repair or replace any improvement that fails during a two-year period, commencing with the date of initial acceptance, without regard to whether such failure is due to a defect or otherwise. A repair/replacement performance guarantee shall be posted and shall be equal to twenty-five (25) percent of the total cost of the improvements and landscape improvements, including all vegetative materials and irrigation and recreation facilities. The repair/replacement guarantee shall be in such form and issued by such institution as provided in this Section. The repair/replacement guarantee shall provide security for the cost which may be incurred in repairing and/or replacing improvements during the repair/replacement period of two (2) years following initial acceptance by the Town, and in defending or removing claims of unpaid laborers, material suppliers and/or subcontractors who may attempt to assert a lien upon the property. The repair/replacement performance guaranty shall not be subject to reduction, pursuant to this section.

3.

In the event that any substantial repair or replacement is required to any of the improvements during the repair/replacement period and such repair or replacement is not made with in thirty (30) days upon notice of defect or in any event before expiration of the guaranty period, the Town, may, in addition to any other legal remedies available to the Town:

a.

Extend the repair/replacement period for up to one (1) year following initial approval of the completed repair or replacement;

b.

Require that the developer adjust the amount or term of the repair/replacement guarantee as may be appropriate;

c.

Call the repair/replacement guarantee and, at the Town's discretion, secure repair or replacement of the nonconforming improvements; and/or

d.

Order denial or suspension of building permits, utility services or certificates of occupancy outstanding until repair or replacement of any nonconforming improvements have been performed.

G.

Final acceptance of public improvements. No earlier than sixty (60) days prior to the expiration of the repair/replacement period, the applicant shall submit a written request for final acceptance of the public improvements. The Town shall conduct a final inspection of the improvements and if such improvements appear to fully conform to the development agreement and the applicable Town Standards and Specifications, and/or all repairs, if any, that are needed, have been made to bring the same into such conformance, then the Town shall issue final acceptance of the public improvements and the Town shall release the performance and/or repair/replacement guarantee provided no lien claims or statements have been filed with respect to the project. Neither the Town's final acceptance, nor release of the performance or repair/replacement guarantee, shall relieve the applicant from the obligation to construct the improvements and warrant them as provided herein.

H.

Private improvements.

1.

Upon completion of any improvements required by the development agreement other than public improvements, the applicant shall request a final inspection by the Town of said improvements. Upon inspection and finding of apparent completion of the private improvements in compliance herewith the development agreement and all applicable standards and ordinances of the Town, and upon submission and approval of an acceptable warranty performance guarantee, the Town shall commence the running of the warranty period for private improvements.

2.

No earlier than sixty (60) days prior to the expiration of the repair/replacement period, the applicant shall submit a written request for release of the guaranty for private improvements. The Town shall conduct a final inspection of the improvements and if such improvements appear to fully conform to the agreement and the applicable Standards and Specifications, and/or all repairs, if any, that are needed, have been made to bring the same into such conformance, then the Town shall release the performance repair/replacement guarantee, provided no lien claims or statements have been filed with respect to the project. Release of the performance repair/replacement guarantee, shall not relieve the applicant from the obligation to construct the improvements and warrant them as provided herein. Neither the Town's initial acknowledgement of completion of private improvements, nor the release of the repair/replacement performance guarantee for private improvements shall create a liability of, or cause action against, the Town by third parties.

I.

Town utilities and facilities and reimbursement for qualifying public improvements.

1.

A proposed subdivision shall not, by reason of its location or design, cause an undue burden on existing Town utility systems or community facilities. What constitutes a burden shall be determined by the Town, and shall be fully examined during the annexation, zoning, and Preliminary Plat processes for this possibility, prior to the final platting of the property. Where extension, enlargement, or construction of Town utility systems or community facilities are necessitated by a specific subdivision, the applicant will bear the costs of the necessary expansion, enlargement or construction.

2.

In the event that the Town has constructed a utility or facility to serve future development and the proposed subdivision connects to said utility or facility, the Town and applicant may enter into an agreement for the Town to recover an equitable portion of the excess born by the Town.

J.

As-built plans. Finished as-built plans of all public improvements as installed shall be required before the Town will accept the improvements.

K.

Construction of buildings. No proposed buildings designated on the approved Final Development Plan shall be erected nor shall building permits be issued for any subdivision until such time as the required public improvements or common facilities affecting all the lots designated on the approved Final Development Plan or final plat have been constructed or suitable provisions have been made for phasing of such construction in conformance with this FDC.

(Ord. 982 Att., 2020)

A.

Public dedications. The subdivider of property for residential or non-residential purposes shall dedicate or reserve land for public purposes as described below, except to the extent previously required and satisfied in conjunction with an annexation or zoning action.

B.

Parks and open space. The requirements and standards set forth in Section 16.6.3 shall apply to all subdivisions.

C.

Contribution for public school sites.

1.

Contribution required. For all subdivisions of land within or affecting the St. Vrain Valley School District RE-1J or the Weld County School District RE-1 ("School District") attendance areas, the subdivider shall dedicate land for a public school site to that School District the subdivision is located within.

In the event the dedication of land is not deemed practicable or in the best interest of the School District, as determined by the superintendent or designee of the School District, the subdivider shall make a payment in lieu of land dedication. The amount of such contribution of either land or payment in lieu of land (the "fair contribution for public school sites") shall be determined pursuant to Town's Municipal Code or Intergovernmental Agreement (IGA) between the Town and the School District.

2.

Exceptions from contribution. The following uses shall be excepted from the fair contribution for public school sites requirements:

a.

Construction of any non-residential building or structure;

b.

Alteration, replacement, or expansion of any legally existing building or structure with a comparable new building or structure which does not increase the number of residential dwelling units;

c.

Construction of any building or structure for a limited term stay or for long term assisted living, including, but not limited to, bed and breakfast establishments, boarding or rooming houses, family care homes, group care homes, halfway houses, hotels, motels, nursing homes, or hospices; and

d.

Construction of any residential building or structure classified as housing for seniors, pursuant to the federal fair housing act, as amended.

3.

Land dedication and site related requirements. In the event the fair contribution for public school sites includes the dedication of land and site related requirements (such as water dedication, utility extensions, etc.), the subdivider shall include on the final plat, dedication of the site to the school district. The developer's requirements for dedication of the site and site related requirements shall be in conformance with the current inter-governmental agreement (IGA) between the Town and the school district.

4.

Proof of payment. If the fair contribution for public school sites includes payment in lieu of dedication of land, then prior to the issuance of any building permit for any residential dwelling unit in the subdivision not otherwise exempt under this Section, the Town shall be provided with proof that, for the lot for which the permit is sought, the required payment in lieu of dedication of land has been made to the School District.

(Ord. 982 Att., 2020)