(a)

Intent. The regulations are designed and enacted for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of the town.

(b)

Authority. The subdivision regulations are authorized by Section 31-23-214, C.R.S., and are hereby declared to be in accordance with all provisions of these statutes.

(c)

Subdivisions regulated by this article include the following:

(1)

Subdivisions.

(2)

Minor subdivisions.

(3)

Replats.

(4)

Correction plats.

(Ord. 10-08 §2, 2010)

(a)

No sketch plan, preliminary plat or final plat of a subdivision shall be recommended for approval by the planning commission or approved by the town council unless it conforms to the provisions of this chapter.

(b)

The town council shall withhold all public street improvements and public maintenance from all rights-of-way which have not been accepted for maintenance purposes by the town council.

(c)

Prior to the issuance of a building permit or construction of any building or structure, the plat thereof shall be approved by the town council or, if subdivided prior to annexation, by the board of county commissioners and recorded with the county clerk and recorder, and access shall be provided in accordance with the approved subdivision agreement and the Fire Code.

(d)

The town council may suspend or withdraw any approval of a plat or may require certain corrective measures be taken following a determination that the information provided by the subdivider upon which such approval was based is substantially false or inaccurate or that new significant information has been brought to its attention. Suspension of approval may occur at any step in the platting process at a public meeting.

(1)

A written notice from the town shall be served upon the subdivider, setting out a clear and concise statement of alleged facts and directing the subdivider to appear before the town council no less than ten (10) days nor more than thirty (30) days after the date of notification.

(2)

The town council shall determine at the public meeting the nature and extent of alleged false or inaccurate information, shall consider any new significant information that has been brought to its attention, and shall have the power, upon good cause being shown, to suspend or withdraw any approval resulting in a voided plat.

(e)

No changes, erasures, modifications or revisions shall be made on the final plat after the approval by the town council, except as required by the approval of the town council.

(f)

No plat for subdivided land shall be approved by the town council unless all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.

(g)

It is unlawful to file for recording any such plan or plat as identified above in any public office unless it has been reviewed by the planning commission and bears, by endorsement or otherwise, the approval of the town council.

(h)

The town council may, pursuant to rules and regulations or resolution, exempt from the definition of the terms subdivision and subdivided land any division of land if the town council determines that such division is not within the purposes of this chapter.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

Description of the subdivision process.

(1)

The three (3) steps required to obtain approval of a subdivision are:

a.

Sketch plan - the review of the feasibility of the project, including conceptual design, legal ability to obtain water and sanitation, location of geologic hazards, identification of environmentally sensitive areas and wildlife habitat areas, locations of parks, schools and open space, source of required services, vehicular and pedestrian circulation and conformance with the town master plan and zoning requirements;

b.

Preliminary plat - a review of preliminary technical engineering; and

c.

Final plat - a review of all final engineering and construction plans, execution of subdivision agreements, provision of a letter of credit or cash to secure the construction of the public improvements described in the subdivision agreement and other legal requirements.

(2)

Each step is a distinct process involving the submittal of an application, an application deposit, required plans and reports, referrals of the proposal to other agencies and public hearings/meetings. At each step of the process, the level of design and engineering increases in order to relieve the applicant from major and potentially unnecessary expenses in situations that may require a redesign and therefore, a revision of expensive engineering or planning reports. Approval at any step in the process does not ensure approval at the next step.

(3)

The sketch plan shall be reviewed by the planning commission and reviewed and approved by the town council at a public meeting prior to submittal of the preliminary plat. The preliminary plat and final plat processes may be combined upon the approval of the town manager based upon, but not limited to, the following factors: Design, size, public concern, public facilities, services, access and transportation network.

(4)

If the proposed plan or plat is denied by the town council, a new subdivision application for the same or substantially the same request, as determined by the town manager, shall not be accepted within one (1) year of such denial. The applicant may appeal the decision of the town manager, in writing, to the town council within ten (10) days from the date of the decision.

(b)

Applicant's responsibility. The applicant or representative is responsible for understanding the requirements and procedures contained in this chapter, the town master plan, applicable zoning regulations and is responsible for attending all planning commission and town council hearings/meetings at which the request is considered. Failure to attend the hearings/meetings may result in the request being denied or tabled and a new hearing/ meeting date scheduled. The applicant is responsible for submitting the information requested by staff, for the review of the proposal and for posting or publishing all public notices as required.

(c)

Additional review fees. The applicant shall be responsible for payment of reasonable review deposits as adopted by the town by resolution of the town council.

(d)

Withdrawal of application. The applicant may withdraw an application at any phase of the process upon submittal of a written request to the town. Application deposits will be refunded only when the withdrawal request is submitted prior to the mailing of the referral packets.

(e)

Expiration of approvals. The approval of any subdivision request shall be subject to the following restrictions and shall apply to all sketch plans, preliminary plats, final plats, amended plats or minor subdivision final plats approved prior to the effective date of the ordinance codified herein:

(1)

The sketch plan shall be effective for a period of one (1) year from the date of approval, unless stated otherwise in such approval. The town council may grant an extension of time, of no more than one (1) year, upon a written request by the applicant prior to the expiration of the one-year period.

(2)

The preliminary plat shall be effective for a period of one (1) year from the date of approval, unless stated otherwise in such approval. The town council may grant an extension of time, of no more than one (1) year, upon a written request by the applicant prior to the one-year period. However, when a final plat for a portion of the approved preliminary plat is approved, the remaining area of the preliminary plat shall be effective for the one-year period or as otherwise extended by the town council.

(3)

Within fourteen (14) days of approval of the final plat by the town council, the applicant shall submit two (2) 24" x 36" Mylar originals, signed by the owner and by a licensed professional engineer or licensed land surveyor, and one (1) electronic copy in a format approved by the town of the approved final plat, and all required documentation to the town clerk for recording with the county clerk and recorder. Failure to submit the signed final plat and required materials within this time period, unless such time period is extended by the town, shall automatically invalidate town approval of the plat unless stated otherwise in such approval. Upon receipt of the signed final plat, fee deposits and all required submittals, the town manager shall obtain the signatures required of town representatives on the plat along with the required subdivision agreement and security for public improvements, and shall record the final plat and the subdivision agreement with the county clerk and recorder. The town manager may grant no more than (1) extension of time, of no more than thirty (30) days, upon a written request by the applicant for good cause being shown.

(4)

An extension request shall include a fee deposit and a narrative stating the reasons for the applicant's inability to comply with the specified deadlines, listing any changes in the character of the neighborhood, any changes in the town master plan or this chapter that have occurred since approval of the plan or plat as these changes affect the plan or plat and the anticipated time schedule for completing the platting process. Additional review of the plan or plat may occur resulting in additional conditions, as applicable.

(5)

If the request for an extension of time for an approved plan is denied by the town manager, the applicant may appeal the denial in writing to the town council within ten (10) days from the date of the denial by the town manager.

(6)

Denial of the extension of time by the town manager and the town council of a sketch plan, preliminary plat, final plat, minor development, replat or vacation plat shall result in the necessity for the resubmittal of a new application, fee deposits and all required documentation.

(f)

Inactive subdivisions. Any subdivision which received approval by the town council, and for which required public improvements have not been constructed or secured for a period of three (3) years after the date of approval of a final plat, shall be required to submit an amended plat which complies with the requirements of this chapter in effect at the time of the amendment, and the required subdivision agreement. No building permits shall be issued until the plat amendment and new subdivision agreement have been approved by the town council.

(g)

Plat corrections and street name changes. Due to errors or omissions, changes may be made to recorded plats according to the following procedure:

(1)

A resolution shall be prepared which identifies the error or omission, the specific plat to be corrected and the reception number of the plat, and the necessary corrective action in accordance with the form provided by the town, approved by the town attorney.

(2)

The resolution ready for recording shall be presented to the town council, at a public meeting. The ordinance shall be recorded with the county clerk and recorder, upon obtaining the signature of the mayor.

(3)

When the request is for a road name change, the following shall apply:

a.

Where no addresses have been assigned, the request shall be heard at a public meeting before the town council and a resolution shall be adopted officially changing the name of the street. When addresses have been assigned, the applicant shall notify all affected individuals by first-class mail and the request shall be heard at a public hearing before the town council. The town council shall adopt a resolution, officially changing the name of the street.

b.

Road names and addresses shall coincide with the Town of Hudson Address System Map. A road name shall not duplicate any existing road name in the county.

(Ord. 10-08 §2, 2010; Ord. 13-13 §41, 2013)

(Ord. No. 16-11, §§ 1, 4, 12-7-16)

(a)

This stage of review is designed to provide the applicant with a means of understanding regulations, policies and procedures prior to any formal submittal of a proposal being made and to learn who they have to contact and work with in the process.

(b)

Procedure.

(1)

The applicant should make an appointment with the town planner to discuss the proposal being considered. The town planner should be provided with some information to determine whether or not other agencies need to be involved in the initial discussion.

(2)

The applicant may request to be included in an upcoming meeting of the planning commission for an informal presentation of the proposed subdivision prior to formal submittal to the town.

(3)

The informal presentation to the planning commission shall be held with the applicant providing a brief presentation of the proposed land use to the commission. The goal is then to have constructive dialogue occur and for the applicant to receive some preliminary comments on the proposed subdivision.

(Ord. 10-08 §2, 2010)

(a)

Intent.

(1)

The intent of the sketch plan is to examine in more detail the feasibility of a proposed subdivision, including review of conceptual design, legal ability to obtain water and sewer, location of geologic hazards, identification of environmentally sensitive areas and wildlife habitat areas and conformance with the town master plan, zoning requirements and the requirements of this chapter.

(2)

The intent of the sketch plan is also to provide a conceptual layout of the subdivision. Applicants are encouraged to include as large an area as practicable in a sketch plan submittal in order to plan road connections, open space connections, adequate park facilities and utility extensions for a larger area, rather than limiting review of these items to only the area that may be included in a final plat.

(b)

Sketch plan processing procedure. The sketch plan shall be processed as follows:

(1)

The applicant shall submit the sketch plan and required submittal materials to the town for review in addition to a completed application form, submittal deposit and a disclosure letter, explaining whether the applicant is the property owner, or by what authority the applicant is representing the owner.

(2)

After staff review, if the plan and required information are determined by the town staff to be in acceptable form for further processing, the applicant shall provide for distribution by the town sketch plans and related supplemental information for the following referral agencies, as may be determined by the town, for review and comment:

a.

School district serving the area;

b.

Any appropriate utility, local improvement and service district or ditch company;

c.

Appropriate fire protection entity;

d.

Colorado Department of Transportation;

e.

Weld County public works department;

f.

Building inspection department;

g.

Reserved;

h.

Reserved;

i.

Mineral rights owners; and

j.

Other agencies or affected parties as may be required or determined necessary by the town.

(3)

The agencies named in this section shall have not less than twenty-five (25) days after the mailing of such plans to provide comments to the town unless a necessary extension of not more than thirty (30) days has been granted by the town and agreed to by the applicant. The failure of any of these agencies to respond within twenty-five (25) days or within the period of an extension shall for the purpose of the hearing on the plan be deemed an approval of such plan. Where such plan involves twenty (20) or more dwelling units, the school district shall be asked to submit specific recommendations with respect to the adequacy of school sites serving the proposed development and area.

(3.5)

Upon receipt of any referral comments, the town shall schedule the sketch plan for consideration by the planning commission.

(4)

The town shall inform the applicant of referral responses prior to the planning commission meeting. The applicant shall respond to the referral comments to the town during the review process.

(5)

The planning commission shall consider the sketch plan and all referral comments and any comments received at a public meeting, and shall recommend to approve, approve with conditions, deny the request or table comment until the next available meeting when additional information is needed and requested by the planning commission.

(c)

Preparation. The sketch plan shall be prepared as follows:

(1)

The sketch plan.

a.

The drawing shall be made at a scale of one inch equals one hundred feet (1" = 100'), one inch equals two hundred feet (1" = 200') or another scale approved by the town which shows the entire proposal clearly. One (1) 24" x 36" and one (1) 11" x 17" paper copy of the sketch plan, whether on single or multiple sheets.

b.

The plan shall be prepared by qualified professionals.

(2)

The sketch plan shall be accompanied by the following:

a.

Completed application form;

b.

Appropriate deposit;

c.

Disclosure letter, explaining whether the applicant is the property owner, or by what authority the applicant is representing the owner;

d.

A written narrative concerning the proposed project describing its general impacts on the adjoining and surrounding land uses;

e.

Boundaries of the proposed subdivision;

f.

Depiction of all lots, tracts and, when appropriate, building envelopes;

g.

Depiction of all easements, including existing and proposed, public or private, on and adjacent to the proposed subdivision.

h.

Contour lines depicted at ten-foot intervals;

i.

Delineation of all one-hundred-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, aquifer recharge areas, streams and lakes of the affected property and within one hundred (100) feet of such property;

j.

Depiction of all lands to be dedicated or reserved in deeds or easements for the use of landowners, residents or the general public;

k.

Note existing structures on the site;

l.

Identify historical or archaeological sites;

m.

Depiction of all potential hazard areas, including but not limited to one-hundred-year floodplains, geologic hazard areas, expansive soils;

n.

Identification of wildlife habitat areas; and

o.

Conceptual design of the following:

1.

Proposed streets, including proposed dimensions;

2.

Trail and open space systems; and

3.

The treatment of potentially conflicting land uses, including all mineral or oil and gas interests.

4.

Such reasonable additional information as may be needed and requested by the planning commission in order to better understand the proposed development or elements of it, zoning of the site, average lot size, proposed density and all public and private sources of utilities.

(Ord. 10-08 §2, 2010)

(a)

Intent.

(1)

After approval by the planning commission of a sketch plan, a preliminary plat and required supplemental data may be prepared for formal presentation and review by the town staff and by the planning commission, and action by the town council.

(2)

The purpose of this preliminary review is to check a proposed subdivision against the technical requirements, design standards and improvement requirements of the town to be sure the conditions imposed can be met. The town staff, the planning commission and the town council shall review the proposal for site planning characteristics and compatibility with adjoining land uses. The detailed review at this stage will help determine if the plat complies with zoning requirements, circulation patterns, desired open space and other applicable plans, standards and regulations.

(3)

Approval of the preliminary plat by the town council is valid for only one (1) year. An extension may be granted by the town council for valid reasons expressed in writing by the applicant prior to expiration of the initial one-year period of preliminary plat approval.

(b)

Processing procedure. The preliminary plat shall be processed as follows:

(1)

The applicant shall submit the preliminary plat and required submittal materials to the town for review with a completed application form, and a submittal deposit if required.

(2)

If the plat and required information are determined by the town staff to be in acceptable form for further processing, it shall be scheduled for hearing before the planning commission. The staff shall notify the applicant by first-class mail of the time and place of said hearing at least seven (7) days prior to such hearing. Notice of the hearing shall be provided in accordance with the provisions of sections 16-102 and 16-103 of this chapter. Upon request by the town planner, the applicant shall provide for distribution a sufficient number of plats and related supplemental information, in a form required by the town, for the following referral agencies, as may be determined by the town, for their review and comment:

a.

School district serving the area;

b.

Any appropriate utility, local improvement and service district or ditch company;

c.

Appropriate fire protection entity;

d.

Colorado Department of Transportation;

e.

Weld County public works department;

f.

Building inspection department;

g.

Mineral rights owners; and

h.

Other agencies or affected parties as may be required or determined necessary by the town.

(3)

Reserved.

(4)

The town staff shall inform the applicant of referral responses prior to the planning commission hearing. The applicant shall respond to the referral comments to the town staff and make appropriate modifications to the application.

(5)

The planning commission shall conduct a public hearing, evaluate the responses from the referral agencies, the application, and public comments received at the public hearing and shall recommend to the town council approval of the proposal, approval with conditions or denial of the request, or may table comment until the next available meeting when additional information is needed and requested by the planning commission. Recommendations for approval will be based on the evidence presented and the appropriate standards, regulations, policies and other guidelines of the town.

(6)

The town council shall act upon the preliminary plat at a regularly scheduled public meeting of the town council after receipt of the planning commission recommendations.

(c)

Preparation. The preliminary plat shall be prepared as follows:

(1)

The preliminary plat.

a.

The drawing shall be made at a scale of one inch equals one hundred feet (1" = 100'), one inch equals two hundred feet (1" = 200') or another scale approved by the planning commission which shows the entire proposal clearly. Two (2) 24" x 36" paper copies and one (1) 11" x 17" paper copy of the preliminary plat, whether on single or multiple sheets, shall be provided.

b.

The plan shall be prepared by qualified professionals.

(2)

The preliminary plat shall be accompanied by the following:

a.

Completed application form;

b.

Appropriate deposit, if required;

c.

A description of how utilities are anticipated to be provided to the proposed subdivision, including sources of water, if known.

d.

A written narrative concerning the proposed project describing its general impacts on the adjoining and surrounding land uses.

e.

In accordance with the requirements of the town engineer, preliminary drainage plans in accordance with this chapter and preliminary road profile, cross-sections and specifications for all public improvements;

1.

Using the county assessor's records, a set of stamped and addressed business size envelopes of current property owners of record and their complete mailing addresses for properties that are all or in part within five hundred (500) feet of the property being considered for subdivision;

2.

A list, including names and mailing addresses, of all mineral owners of record within the affected property;

3.

Evidence that the surface owner has contacted all lessees of mineral, oil and gas rights associated with the site and is working towards resolution. Included in the evidence must be the name of the current contact person for each mineral owner, his or her phone number and mailing address.

4.

A preliminary development schedule for required improvements;

5.

A preliminary phasing plan if the plat is proposed to be developed in more than one (1) phase;

6.

Maximum number of dwelling units, permitted within the zoning district, and breakdown by type;

7.

Lands to be retained in open space or other uses, including dedicated land, the purpose for which it is to be used and how it is to be developed and maintained;

8.

Zoning of land and of property adjacent to the parcel or tract proposed for development; description of any anticipated application for rezoning; land uses on and adjacent to the proposed development shall also be shown;

9.

Such reasonable additional information as may be needed and requested by the planning commission in order to better understand the proposed development or elements of it, zoning of the site, average lot size, proposed density and all public and private sources of utilities.

(d)

Preliminary plat contents. The preliminary plat shall be in a form as required by the town and shall contain the following:

(1)

All the acreage involved in the proposed development with areas not part of the request being noted as exceptions;

(2)

Proposed name of the subdivision, filing number, if applicable, labeled preliminary plat;

(3)

Location map showing the relationship of the proposed plan to the surrounding area;

(4)

Location of the subdivision as a part of a larger subdivision or tract of land with reference to permanent survey monuments with a tie to a section corner or a quarter-section corner; a legal description of the proposed site shall be placed on the plan;

(5)

Names and complete addresses of the applicant/developer and architect/engineer or surveyor who prepared the plan and related information;

(6)

Total acreage of the subdivision;

(7)

Location and principal dimensions for all existing and proposed streets, alleys, easements, watercourses and other significant features within and adjacent to the proposed development. When the names of the streets and alleys are known, they shall be provided, as well as the use and ownership of easements and watercourses impacting the site;

(8)

Areas to be dedicated and/or deeded to the town for public use;

(9)

Date of preparation, scale and north sign (designated as true north);

(10)

Topography at one-foot intervals, or with approval of the planning commission, different intervals which will adequately reflect the specific site conditions may be allowed;

(11)

Shall note geologic characteristics on the site and their impact on/by the proposed development, including existing or potential geologic hazards;

(12)

Delineation of one-hundred-year floodplains;

(13)

Site data in chart form giving the number of residential lots, net size of average lot, minimum lot size, areas of land proposed for each and types of land use;

(14)

Proposed sites, if any, for multiple-family residential use, business areas, industrial areas, churches and other nonpublic uses exclusive of one-family residential areas shall be labeled appropriately and indicate net acreage of the sites;

(15)

Delineation of all existing buildings and structures, easements and major drainage courses within one hundred (100) feet of the subject property;

(16)

Provision for certification in accordance with section 16-95 of this chapter.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

Intent.

(1)

This is the last stage of review and action on a proposed subdivision of land in the town prior to recording of the subdivision plan.

(2)

The purpose of this review is to verify that the plat of development is in keeping with the preliminary plat approvals and conditions and the legal documentation accurately provided for action and signature.

(b)

Processing procedure. The final plat shall be processed as follows:

(1)

Not more than twelve (12) months after the date of preliminary plat approval by the town council, unless an extension has been granted by the town council, the final plat application, the subdivision improvements agreement, the required deposit and other required materials shall be submitted to the town for review and processing.

(2)

Final plats may be phased in accordance with a general phasing plan described on an approved preliminary plat. Phasing of the final plat for a proposed development will not jeopardize preliminary approval of later phases of the development, unless the actual work being done on the site is not in accord with the approved plans, reviewed yearly by the planning commission.

(3)

The final plat and required information will be reviewed by the town planner. When the application is found to be complete, a meeting before the town council shall be scheduled at the earliest convenient time.

(4)

The town council shall then review the final plat and the recommendations on the proposal. The town council shall consider public improvements to be made, town-dedicated land or cash-in-lieu of land, and shall consider concerns addressed at the preliminary stage of review. After discussion of the proposal, the town council may take any of the following actions:

a.

Approval of the proposed subdivision without conditions.

b.

Conditional approval of the proposed subdivision with the conditions being noted and made part of the motion.

c.

Denial of the request with the reasons noted and made part of the motion.

d.

Tabling action until additional information is provided or clarification of the proposal is achieved.

(c)

Within fourteen (14) days of final approval of the final plat by the town council, the applicant shall submit to the town the following:

(1)

Two (2) complete Mylar sets of final plat maps with original signatures, ready for town signatures and recording with the county clerk and recorder.

(2)

One (1) copy of the final plat maps in electronic format as specified by the town.

(d)

Preparation. The final plat shall be prepared as follows:

(1)

The design shall conform to the preliminary plat as approved. Should the applicant desire to phase final platting rather than final plat the entire development, he or she may do so in accordance with a phasing plan as approved on the preliminary plat. In the event that final plats are proposed in phases, each phase, either alone or in combination with earlier phases, must meet the requirement of this chapter.

(2)

The drawing shall be done at a scale of one inch equals one hundred feet (1" = 100') or another scale approved by the planning commission which clearly shows the entire proposal. Multiple sheets may be utilized with a cover sheet referencing and indexing all required graphic information. All drawings shall be accurate and legible. Plats found unacceptable shall be returned to the applicant.

(e)

Plat contents. The final plat shall contain the following information:

(1)

Title, scale, north arrow and preparation date;

(2)

Legal description of the proposed development, together with a complete reference to the book and page of records with the county;

(3)

Primary control points, or descriptions, and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred;

(4)

Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves;

(5)

Name and right-of-way width of each street or other right-of-way, even if for private maintenance and responsibility;

(6)

Location, dimensions, purpose and the owner/holder of any easements;

(7)

Number to identify each lot or site, each as lot and block numbers;

(8)

Purpose for which sites, other than residential lots, are dedicated or reserved;

(9)

Location and description of monuments;

(10)

Reserved;

(11)

Signed and notarized statement by the owner dedicating streets, rights-of-way and any sites for public use; transfer to the town of dedicated land shall be by appropriate legal instrument prior to or concurrent with final plat review by the town council and prior to recording of the final plat;

(12)

Certification of approval of the town council;

(13)

Certification by the project surveyor certifying to the accuracy of the survey and plat;

(14)

Location or vicinity map to scale;

(15)

Reserved;

(16)

Reserved;

(17)

Individual lot acreage calculated to two (2) decimal places (may be provided on a separate sheet for recording);

(18)

Designation of lots where special studies are required prior to obtaining a building or access permit. Areas of slope greater than or equal to twenty percent (20%) should be delineated on the affected lots;

(19)

Boundary of any identified one-hundred-year and five-hundred-year floodplains within the subdivision;

(20)

General plat notes as required and deemed necessary by the town council; and

(21)

Designation of all existing or planned oil and gas flow lines and/or easements for mineral or oil and gas purposes, including all public or private access road easements.

(f)

Accompanying information. The final plat shall be accompanied by the following:

(1)

Two (2) copies of the plans and profiles of all streets to be dedicated to the town;

(2)

A signed subdivision improvements agreement; and

(3)

Agreements between the surface owner and all lessees of mineral and oil and gas interests satisfactorily resolving the terms of their uses of the property in a manner consistent with the nature of the proposed development, which agreements shall be recorded and noted on the final plat by book and page number.

(g)

Guarantee of public improvements. No final plat shall be approved or recorded until the applicant has submitted and the town attorney has reviewed and accepted one (1) or a combination of the following:

(1)

Subdivision improvements agreement, signed by the property owner and approved by the town council, agreeing to construct and pay for any required and approved public improvements shown in the final plat documents together with:

a.

Security for public improvements which is sufficient, in the judgment of the town council, to make reasonable provision for the completion of said improvements in accordance with design and time specifications; or

b.

Other agreements or contracts which, in the judgment of the town council, will make reasonable provision for the completion of said improvements in accordance with the design and time specifications.

(2)

As improvements are completed, the subdivider may apply to the town council for a release of part or all of the security deposited with the town. Upon inspection and approval by the town engineer, the town council may release all or a corresponding portion of the security. If the town council determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the applicant a list of specific deficiencies and shall be entitled to withhold a portion of the security sufficient to ensure substantial compliance. If the town council determines that the applicant will not construct any or all of the improvements in accordance with all of the specifications, upon thirty (30) days' written notice to the subdivider, the town council may withdraw and employ from the security for public improvements twice the amount of funds as may be necessary to construct the improvement or improvements in accordance with the specifications.

(3)

A two-year warranty period by the applicant shall be required on all phases of public improvements. The warranty shall be secured for the full term of the warranty by an irrevocable letter of credit or other means approved by the town in the amount of not less than twenty percent (20%) of the actual cost of the improvements.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

Intent. The intent of the provisions contained in this section is to allow for flexibility in the subdivision of land for proposed developments which are minor in impact and to adjust the platting process for the scale of the intended development. Projects classified as minor subdivisions shall comply with the following standards.

(b)

Defined.

(1)

Any proposed subdivision of land which contains four (4) or fewer lots and which lots all abut a public street and where all minimum requirements of these regulations are met and therefore no variance is required may, at the discretion of the town council, be granted the opportunity to follow the below outlined subdivision submittal and action procedure. Subdivisions meeting these criteria are considered minor in nature and therefore the sketch plan, preliminary plat and final plat procedures have been combined and simplified in the interest of public convenience. Minor plat procedures shall not be used to plat only a portion of a larger parcel which is owned or controlled by a single owner, partnership or corporation, unless the applicant can show that the area to be platted under minor plat procedures is independent of the remaining property with respect to drainage, utilities and vehicular traffic circulation.

(2)

In those instances when the applicant is found to be utilizing the minor subdivision allowance to circumvent the regular process of review, the applicant shall be required to comply with the regular process of review and provide all related submittal requirements. The creation of more than one (1) minor subdivision adjoining another may require compliance with the standards of the subdivision process.

(c)

Required submittals. The following information shall be submitted for minor developments:

(1)

Proof of ownership;

(2)

Statement regarding proposed source of water to serve potential development on the property;

(3)

Preliminary engineering of public improvements, if required;

(4)

Drainage study, if required;

(5)

Subdivision improvements agreement;

(6)

Topographic information, if required;

(7)

A final plat submitted in accord with final plat procedures and requirements, except that review by the planning commission shall be at a public hearing, with notice as required in section 16-102 of this chapter; signatures need not be provided until after town council action. Signatures shall be provided prior to recording at the office of the county clerk and recorder;

(8)

If taken with rezoning request, that procedure/process and fee for rezoning is not altered;

(9)

Dedication of land to town or cash-in-lieu thereof; and

(10)

Such other information as may be required by the town.

(d)

Procedure. When rezoning is not involved, the following procedure shall be followed:

(1)

Optional informal conference with the planning commission to discuss the proposed development and determination of the materials and/or information needed for submittal;

(2)

Formal submittal to the planning commission, including the completed application form, appropriate supplemental information and deposits;

(3)

Review of the request by the planning commission;

(4)

The planning commission shall consider the application at public hearing and make written recommendations to the town council. The public hearing notice shall be in accordance with sections 16-102 and 16-103 of this chapter. A copy of such recommendations shall be forwarded to the applicant;

(5)

Public meeting and action by the town council; and

(6)

Filing and/or recording of the plat, the subdivision improvements agreement, and any other related documents with the county clerk and recorder's office.

(e)

Rezoning request. A rezoning request made with this request may lengthen the process in accord with zoning regulations and review by the planning commission and town council.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)

(a)

Intent. The intent of this section is to provide a process of review for a change to a recorded plat or a replat of a superblock that ensures that the change is consistent with the zone district requirements, including but not limited to the following:

(1)

Replat of a lot or tract, adjustment or vacation of a lot line, vacation of a plat without rights-of-way or easements; or

(2)

Vacation of right-of-way, easement or portion thereof.

(b)

Prerequisite. The applicant shall meet with staff to discuss the proposal, the procedures and submittal requirements. The submittal process shall vary according to the nature of the proposed amendment based on, but not limited to, the following: Degree of change, design, size, impact to public facilities, services, roads and overall impacts.

(c)

Submittal process and requirements.

(1)

The town manager shall determine if the proposal meets the criteria for a replat. If it does not meet the criteria, it shall be processed as a subdivision.

(2)

A replat of a lot or tract, an adjustment or vacation of a lot line, a vacation of a plat (without rights-of-way or easements) or a minor reconfiguration of an easement shall be processed as follows:

a.

The replat shall be processed in accordance with the minor plat process.

b.

Reserved.

(3)

A vacation of a platted easement or right-of-way shall be submitted and processed in accordance with the minor plat process. In addition:

a.

For a vacation of a public right-of-way, a public hearing is required by the town council. Public notice shall be required for the town council hearing only in accordance with section 16-102 of this chapter.

b.

For a vacation of a public easement, public notice shall be required for the town council hearing only in accordance with section 16-102 of this chapter. In addition, the applicant shall send a notice of hearing by first-class mail to known easement users, notifying them of the proposed vacation.

(4)

A vacation of an unplatted easement or right-of-way shall be processed as follows:

a.

An ordinance shall be prepared that includes the legal description of the right-of-way or easement to be vacated and the book and page numbers.

b.

The vacation request shall be heard by the town council at a public hearing. Public notice shall be required in accordance with section 16-102 of this chapter. The ordinance shall be recorded in the office of the county clerk and recorder upon obtaining the signature of the mayor.

(5)

Reserved.

(6)

A vacation of lot lines between adjoining lots within the R-1 district where all affected lots are under a single ownership and no new public improvements are required, shall be processed as follows:

a.

The planning commission shall, at a public meeting, make a final determination as to whether to approve or deny said application. In the event the planning commission denies said application, the applicant may appeal said denial to the town council.

b.

Reserved.

(d)

Public notice requirements. All public notice requirements shall be in accordance with section 16-102 of this chapter.

(e)

Plat. A plat for the vacation of lot lines or for the vacation of a platted easement or right-of-way shall be prepared and submitted in the same format as a minor plat. The title shall be the same as the previously recorded plat followed by the amendment number along the first line at the top of the sheet (along the long dimension). The planning area, if applicable, and a brief description of all the changes shall be placed under the title, for example:

COUNTRY ACRES Filing 2,
1st Amendment

A vacation and replat of lots 1-8,
block 4, A part of the W½ of Section 9,
T6S, R66W of the 6th P.M., Town of
Hudson, County of Weld,
State of Colorado.

For easement or right-of-way vacation only:

HILLSIDE ESTATES Filing 4,
1st Amendment

A vacation of the utility easement
between lots 3 & 4, A part of the W½ of
Section 9, T6S, R66W of the 6th P.M.,
Town of Hudson, County of Weld,
State of Colorado.

(f)

Lot numbers. The resulting lots shall be numbered consecutively starting with the number of the original lots, followed by "A." Tracts shall be lettered alphabetically in consecutive order, and shall include the acreage within each lot.

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, §§ 1, 4, 12-7-16)

The following information and appropriate signatures shall be provided on preliminary final plats submitted:

(1)

Preliminary plats.

a.

Preparer's statement attesting to the accuracy of the plat and that it properly shows the development proposed. All plats shall be prepared by qualified persons.

(2)

Final plats, including replats, correction plats and minor plats.

a.

Plat title, including subtitle containing the general location of the property being subdivided, for example:

COUNTRY ACRES
A subdivision located in the W½
of Section 9, T6S, R66W of the 6th P.M.,
Town of Hudson, County of Weld,
State of Colorado.

b.

Legal description and dedication, as follows:

LEGAL DESCRIPTION
AND DEDICATION:

Know all men by these presents that the undersigned, being the owners of a parcel of land, located [INSERT GENERAL LOCATION, REFERENCING SECTIONS OR PORTIONS OF SECTIONS], more particularly described as follows: [INSERT COMPLETE SURVEYOR'S LEGAL DESCRIPTION OF THE PROPERTY BEING SUBDIVIDED]. Have laid out, platted and subdivided the above-described land, under the name and style of [INSERT PLAT TITLE], and by these presents do dedicate to the town of Hudson in fee simple the streets, public ways and [DESCRIBE ANY OTHER LAND BEING DEDICATED TO THE TOWN BY THE PLAT] as shown on the plat, and grant to the town of Hudson such easements as are created hereby and depicted or, by note, referenced hereon, along with the right to install, maintain and operate mains, transmission lines, service lines, and appurtenances, either directly or through the various public utilities, as may be necessary to provide such utility services within this subdivision or other land within the town of Hudson, through, over, under and across streets, utility and other easements and other public places as shown hereon."

c.

Notes, indicating basis of survey and other information regarding the plat, maintenance of facilities within the property being subdivided, or other information relevant to the plat.

d.

Surveyor's certificate in the following format:

SURVEYOR'S CERTIFICATE

I, [INSERT FULL NAME AND REGISTRATION NUMBER OF SURVEYOR] registered land surveyor in the State of Colorado, do hereby certify that the survey of the [INSERT SUBDIVISION TITLE] was made under my supervision and the accompanying plat accurately and properly shows said subdivision.

e.

Names, titles and notarized signatures of all owners and mortgagees of the property being subdivided.

f.

Approval by the town in the following format:

APPROVAL BY THE TOWN.

This Plat was approved by the town council of Hudson, Colorado, on the _______ day of ________________, 20_____, AD, for filing, subject to the conditions set forth by the board which are recorded in Book _____ at Page _____, Weld County, Colorado.

________________________
Mayor of Town of Hudson

(Ord. 10-08 §2, 2010)

(Ord. No. 16-11, § 1, 12-7-16)