This Article shall be known as the "Subdivision Regulations of the Town of Frisco, Colorado."

(Ord. No. 17-04, 6-27-17)

This Article is adopted pursuant to the Town's Home Rule Authority and Charter.

(Ord. No. 17-04, 6-27-17)

The territory within which these regulations apply shall include all land located within the legal boundaries of the Town of Frisco (hereinafter referred to as the "Town"); in addition, for the purposes of street planning, all land located within three miles of the corporate limits of the Town not located in any other municipality. Exception: These regulations shall not apply to the conveyance of property to the Town for public purposes.

(Ord. No. 17-04, 6-27-17)

The purpose of this Article is to:

180-7.4.1.

Assist orderly, efficient, and integrated development.

180-7.4.2.

Promote the health, safety, and general welfare of the present and future residents of the Town.

180-7.4.3.

Ensure conformance of land subdivision plans with the public improvement plans of the Town, Summit County and the State of Colorado and other public agencies.

180-7.4.4.

Ensure coordination of all plans and programs of the Town.

180-7.4.5.

Encourage the proper arrangement of streets in relation to existing or planned streets and to policies in the Master Plan.

180-7.4.6.

Provide for adequate right-of-way for traffic and utilities.

180-7.4.7.

Encourage well-planned subdivisions by establishing adequate standards for design improvements.

180-7.4.8.

Secure equitable handling of all subdivision plans, providing due process and uniform procedures and standards.

180-7.4.9.

Protect natural vegetation, wetlands, and scenic areas.

180-7.4.10.

Prevent and control erosion, sedimentation and other pollution of surface and subsurface water.

180-7.4.11.

Prevent flood damage to persons and properties and minimize expenditures for flood control.

180-7.4.12.

Restrict building on floodlands, shorelands, steep slopes, areas covered by poor soils or in areas otherwise poorly suited for building or construction.

180-7.4.13.

Prevent loss or injury from landslides, expansive soils and other geological hazards.

180-7.4.14.

Provide adequate and convenient open spaces, recreation sites, and educational facilities.

180-7.4.15.

Improve land survey monuments and records by establishing standards for surveys and plats.

180-7.4.16.

Safeguard the interest of the public and protect against fraud and dishonest practices.

180-7.4.17.

Implement the Charter for the Town of Frisco, Master Plan, Three Mile Plan, and the Frisco Unified Development Code.

180-7.4.18.

Regulate such other matters as the Town Council (hereinafter known as "Council") or the Planning Commission (hereinafter known as "Commission") may deem necessary in order to protect the best interests of the public.

180-7.4.19.

Conform to and comply with state statutes authorizing the municipal regulation of subdivisions.

(Ord. No. 17-04, 6-27-17)

180-7.5.1.

General Prohibitions. It shall be unlawful for any person, firm or corporation to violate any of the provisions of this Article or to transfer, sell, lease or agree to sell or lease any lot, tract, parcel, site, separate interest, any condominium interest, time-sharing estate or any other multiple-dwelling unit within the Town of Frisco until such subdivision has been approved, in writing, by the Planning Commission and the Town Council and a plat is filed in the office of the Summit County Clerk and Recorder; provided, however, that a written agreement to sell or lease, which is expressly conditional upon full compliance by the seller with the subdivision regulations of the Town of Frisco within a specified period of time and which expressly recites that the seller's failure to satisfy such condition within said period of time shall terminate the agreement and entitle the buyer to prompt return of all consideration under said agreement, shall not constitute a violation of the subsection. For the purposes of Chapter 180, Article VI, the term "lease" shall not include a lease of an existing apartment unit for residential purposes.

180-7.5.2.

Nonconforming Use. No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired, either in whole or in part, so as to create a new nonconforming use or to avoid, circumvent or subvert any provisions of this Chapter.

180-7.5.3.

Developer Responsibility. The owner, developer, buyer, or seller shall be fully responsible for all acts of their agents or employees that are committed in violation of the terms of this Chapter.

180-7.5.4.

Conformance With Existing Regulations and Statutes. Land shall be subdivided in conformance with the Unified Development Code and other regulations in effect unless exempted by state law.

(Ord. No. 17-04, 6-27-17)

180-7.6.1.

Planning Considerations.

A.

In designing and planning subdivisions, consideration shall be given to the Master Plan, the Frisco Town Code, and any other relevant regulations. The Planning Commission shall study and review all subdivisions in relation to the general character of the area, the general requirements of the community, and the particular requirements of the neighborhood.

B.

Particular consideration will be given to geologic hazards and topography in relation to the suitability of the land for development, flooding, storm drainage, and preservation of natural areas for open space.

180-7.6.2.

Site Construction.

A.

The design and development of subdivisions shall preserve, insofar as it is possible, the natural terrain, natural drainage, existing topsoil, and trees.

B.

Land subject to hazardous conditions such as landslides, mudflow, rockfalls, snowdrifts, possible mine subsidence, shallow water table, floods and polluted or nonpotable water supply shall be identified and shall not be subdivided until hazards have been or will be eliminated by the subdivider in accordance with the plans developed by a Colorado licensed engineer specializing in such matters, and as approved by the Council.

C.

Provisions shall be made to preserve groves of trees, streams and other desirable natural landscape features.

D.

A proposed subdivision shall be designed in such a manner as to be coordinated with adjoining subdivisions with respect to the alignment of street rights-of-way and utility and drainage easements and open space.

E.

A proposed subdivision shall not, by reason of its location or design, cast an undue burden on public utility systems and community facilities on or adjacent to the tract. Where extension and/or expansion of community facilities are necessary, the subdivider shall make provisions to incur costs of such extension or expansion of public utilities.

180-7.6.3.

Lots.

A.

Lot size, width, depth, shape, 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 consistent with the development standards as set forth in the Frisco Town Code.

B.

No single lot shall be divided by a district (i.e., zoning, sanitation, fire, etc.), municipal or county boundary line.

C.

Side lot lines shall be substantially at right angles or radial to street lines.

D.

Lots with double frontage shall be avoided, except where essential to provide separation from major arterials or from incompatible land uses.

E.

In the case of wedge-shaped lots, no lot shall be less than 30 feet in width at the front property lines.

F.

Each lot shall be provided with satisfactory access to an existing public street, except as where provided in Section 180-2.5.4.

G.

Except in the case of a condominium building or a property line between duplex or townhouse units, no subdivision shall be approved that creates a property line that runs through a building.

180-7.6.4.

Blocks. The lengths, widths, and shapes of blocks shall be determined with due regard to the following:

A.

Provisions of adequate building sites suitable to the special needs of the type of use contemplated.

B.

Requirements of the Unified Development Code as to lot sizes and dimensions.

C.

Needs for convenient access control, safety of vehicular and pedestrian traffic circulation and emergency vehicles.

D.

Limitations and opportunities of topography.

180-7.6.5.

Streets. All streets shall conform to the Town's Minimum Street Design and Access Criteria, adopted October 1981, and revised April 2011.

A.

Acceptance of Streets and Roads.

1.

Preliminary Acceptance.

a.

Upon completion of street or road construction, the subdivider shall notify the Town, in writing, and request inspection. The Director of Public Works shall inspect all street improvements and shall notify the subdivider by mail of nonacceptance or preliminary acceptance. If street improvements are not acceptable, the reasons for nonacceptance shall be stated, and corrective measures shall be outlined in the letter of notification.

b.

Until such time that the developer has written acceptance for full maintenance of the streets by the Town, the developer shall be responsible for all maintenance and repairs of street improvements.

c.

The Town shall not accept street improvements for maintenance from November through March since deficiencies noted on inspections cannot usually be determined or corrected during this period.

2.

Final Acceptance.

a.

One year following the issuance of certificate of completion, the Director of Public Works shall inspect all street improvements for final acceptance.

b.

The Town shall notify the subdivider by mail of nonacceptance or final acceptance. If the street improvements are not acceptable, the reasons for nonacceptance shall be stated and corrective measures shall be outlined in the letter of notification. If the street improvements are found to be acceptable following a resolution of acceptance by the Town Council, the Town shall release the guaranty for improvements and assume full maintenance responsibility of the streets as provided in Section 180-7.7.4, Letter of Completion.

180-7.6.6.

Parks; Public Sites; Open Space.

A.

Dedication of land, free of all liens and encumbrances, for park and recreation, school sites, public building sites and for other public uses shall be required in each new subdivision in the Town. The subdivider shall allocate and convey no less than ten percent of the gross land area, exclusive of streets, alleys, bicycle paths and easements, of the proposed subdivision for public purposes, except in cases where satisfactory dedication arrangements were made and approved by the Town Council at the time of annexation or subdivision.

B.

Specific sites to be dedicated for parks and other public uses shall be subject to approval by the Planning Commission and Town Council.

C.

At the time of presentation of a final plat approval application to the Community Development Department, a warranty deed shall be presented for all land to be conveyed to the Town, school district or other governmental entity. The deed shall be accompanied by a title insurance policy or other evidence that the land is free and clear from all encumbrances.

D.

At the option of the Town, the subdivider shall, in lieu of dedication of land, pay to the Town a cash amount equal to the fair market value of the area of land to be dedicated under Subsection A above or invest the same cash amount toward a specifically approved Town project.

180-7.6.7.

Easements.

A.

All subdivision plans shall provide dedication of easements sufficient, as determined by the applicable service provider(s) to allow the efficient installation and placement of all utilities as needed by the development now and in the foreseeable future.

B.

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

C.

Easements shall follow front, rear and side lot lines whenever practical.

D.

The location and width of all utility easements shall be subject to the approval of the Public Works Department 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 serving utilities for the installation of such facilities.

E.

Drainageway easements. Where a subdivision is traversed by a watercourse, stream or drainageway, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse, and such further width or construction of both shall be adequate for drainage purposes.

180-7.6.8.

Utilities. Underground placement of utilities shall be required in all subdivisions.

180-7.6.9.

Sanitary Sewers. All residential, commercial, and industrial uses which have human occupancy shall have sanitary sewers. The design and installation of all sewer mains, laterals, and house connections must be in conformance with Chapter 65, Town of Frisco Building Construction and Housing Standards, and the rules and regulations of the Frisco Sanitation District and the Frisco Public Works Department. All sewer mains and laterals shall be installed in easements and/or dedicated rights-of-way.

180-7.6.10.

Water. All residential, commercial, and industrial uses which have human occupancy shall have a water supply. The water distribution system of the subdivision shall contain mains of sufficient size and have a sufficient number of outlets to furnish an adequate water supply for each lot or parcel in the subdivision and to provide adequate fire protection. Design of water distribution systems shall be done by a licensed engineer and shall be in conformance with the Town Code. The design and construction of the water system and its appurtenances are subject to approval by the Town's Public Works Director.

(Ord. No. 17-04, 6-27-17; Ord. No. 19-04, 4-9-19)

180-7.7.1.

Improvements Agreement. No final plat shall be approved by the Town Manager or his designee until the subdivider has submitted and the Town Manager or his designee has approved a subdivision improvements agreement and Improvements Agreements Guaranty for all required improvements not completed at the time of final plat submittal. Through such agreement, the subdivider, his successors, heirs, and assigns shall guarantee to make the required improvements in accordance with design and time specifications. The Town shall issue a certificate of completion or certificate of occupancy for any improvements within the subdivision only if the conditions of Section 180-2.6.4 have been met.

A.

The following improvements shall be constructed or, if incomplete at the proposed time of final plat filing, specified in the subdivision improvements agreement (if applicable):

1.

Road grading and surfacing.

2.

Curbs, gutters, and driveways.

3.

Sanitary sewer mains as applicable and sanitary sewer laterals and house connections. This includes payment to the sewer district for the appropriate portion of any sewer line built through the property by the Town as determined by the sewer district.

4.

Separate bicycle paths.

5.

A water distribution system and fire-fighting equipment, including fire hydrants, where applicable, water meters and house connections. This includes payment to the Town for the appropriate portion of any waterlines built through the property by the Town, as determined by the staff.

6.

Storm sewers or storm drainage system, as required.

7.

Street signs and traffic control signage at all street intersections and other places, as required, and address numbers for all buildings; such signs and address numbers shall be acceptable to the Planning Commission.

8.

A landscaping and irrigation distribution system.

9.

Permanent reference monuments and monument boxes.

10.

Street, facility, and parking lot lighting.

11.

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

12.

Traffic control devices.

13.

Adequate paved and striped parking facilities.

14.

Dumpster enclosures.

15.

Other facilities as may be specified or required in these regulations by the Planning Commission or Council.

B.

No improvements shall be made until all required plans, profiles and specifications for such improvements have been submitted and approved by the Building Official, Director of Public Works and/or Town Engineer.

180-7.7.2.

Improvements Agreements Guaranty. Collateral which is suitable and sufficient in the judgment of the Finance Director or Treasurer, in an amount stipulated in the subdivision improvements agreement, shall accompany the final plat submission to ensure the completion of improvements according to design and time specifications. Such collateral may include, but is not limited to, performance bonds or property bonds, escrow agreements, letters of credit, and deposits of certified funds. The collateral shall be accompanied by an engineer's estimate or other bid costs to provide the required improvements in accordance with the design and time specifications. If the improvements are not constructed in accordance with all of the specifications, the Community Development Department shall notify the subdivider of the noncompliance and propose schedules for correcting the noncompliance. If the Community Development Department determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the Community Development Department shall have the power to withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvement or improvements in accordance with the specifications.

180-7.7.3.

Release of Guaranty. With the exception of streets and roads, as the required improvements in a subdivision are completed, the subdivider may apply in writing to the Community Development Department for a partial or full release of the bond, escrow agreements letter of credit, certified check or other collateral. Upon receipt of such application in writing, the Town staff or its agent shall inspect the portion of the improvement which has been completed. If the staff determines from such inspection that the improvements thus far completed have been made in accordance with time and design specifications, a portion of the bond, letter of credit, certified check or other collateral sufficient to cover the cost of improvements thus far completed shall be released.

180-7.7.4.

Letter of Completion. Except as may be provided in any subdivision agreement, the Town shall not accept responsibility for the operation or maintenance of improvements until completion of the improvement(s) and final acceptance thereof by the Town. Upon written application by the subdivider for a letter of completion and provided that all payments and other performance herein agreed to be made and performed by the subdivider have been made and completed, the Town shall issue a letter of completion. All improvements specified in the letter shall be deemed approved and accepted by the Town, whereupon the specified improvements may be owned, operated, and maintained by the Town. Except for defects appearing within one year after the date of certificate, the Town will release the subdivider from all further liability as to the completed improvement(s) or a one-year extension may be granted with updated security for the improvements agreement.

(Ord. No. 17-04, 6-27-17)