The intent of these regulations is to prepare land for development and to recognize that the arrangement of parcels, streets, and infrastructure has a direct impact on the character and environment of the Town. The general purposes of this Article are as follows:

(a)

To protect the health, safety, and welfare of present and future residents of the Town.

(b)

To promote orderly growth and good planning practice.

(c)

To guide land development that is consistent with the Town's Comprehensive Plan and zoning regulations.

(d)

To ensure the provision of adequate public facilities and utility service.

(e)

To promote efficient circulation, logical lot layout, and necessary roadway and pedestrian connections.

(f)

To provide for adequate and convenient open spaces for traffic, utilities, recreation sites and educational facilities.

(g)

To encourage well-planned subdivisions by establishing adequate standards for design and improvements.

(h)

To secure equitable handling of all subdivision plans by providing uniform procedures and standards.

(i)

To protect natural vegetation, wetlands and scenic areas.

(j)

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

(k)

To prevent flood damage to persons and properties and minimize expenditures for flood control projects.

(l)

To restrict building on flood lands, shorelands or areas covered by poor soils, or in areas poorly suited for building or construction.

(m)

To prevent loss and injury from subsidence areas, expansive soils and other geologic hazards.

(n)

To prevent population congestion.

(o)

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

(p)

To safeguard the interests of the public, the homeowner and the subdivider.

(Ord. 629 §1(Exh. A), 2017)

These regulations shall be applicable within the following areas:

(a)

All land located within the Town.

(b)

Land in the process of annexation to the Town.

(c)

All unincorporated land located within three (3) miles of the corporate limits of the Town and not located in any other municipality for the purpose of control for major street plan purposes when a major street plan has been approved in accordance with the requirements of C.R.S. Section 31-23-212.

(d)

Whoever divides or participates in the division of a lot, tract or parcel of land into two (2) or more lots, plats, sites or other division of land for the purpose, whether immediate or future, of sale or of building development, whether residential, industrial, commercial, business or other use, shall make the transaction subject to the provisions of this Article and a plat thereof must be submitted to and accepted by the Town according to the terms as herein set forth. The terms thereof shall also include and refer to any divisions of land previously subdivided or platted.

(e)

This Article is effective on January 1, 2018. If on that date there are subdivision applications in process and not yet fully approved or denied, such applications shall continue to be processed under Chapter 17 (Subdivisions) of the Lochbuie Municipal Code in effect prior to January 1, 2018, which Chapter shall remain effective only for that limited purpose and only for that limited period.

(Ord. 629 §1(Exh. A), 2017)

(a)

General Prohibition. It shall be unlawful for any person to sell, convey, transfer, or otherwise dispose of or subdivide or take any other action governed by this Article with respect to any property within the Town without compliance with this Article or where such sale, conveyance, transfer, disposition, or division would otherwise result in the creation of a nonconforming lot or nonconforming parcel of land as such term is defined by Section 19-2-240. In addition to any other remedy available to the Town, the Town shall not recognize or permit the use of a lot or parcel created in violation of these regulations unless and until such lot or parcel is properly subdivided and meets all applicable requirements of the Town of Lochbuie.

(b)

The description of a lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided in this Section. The Town may enjoin the transfer or sale or agreement by action for injunction brought in any court of competent jurisdiction and may recover the penalty by civil action in any court of competent jurisdiction.

(c)

Permits withheld. No permits shall be issued by any administrative officer of the Town for the construction or occupancy of any building, or other improvement requiring a permit, upon any land for which a plat is required by these regulations, unless and until the requirements of this Article have been met.

(d)

Penalties.

(1)

Any subdivider or agent of a subdivider who transfers or sells or agrees to sell or offers to sell any subdivided land before a final plat for such subdivided land has been approved by the Town and recorded in the office of the appropriate County Clerk and Recorder shall be guilty of a misdemeanor and, upon conviction of such violation, shall be subject to a fine not to exceed one thousand dollars ($1,000.00), or imprisonment not to exceed one (1) year, or both such fine and imprisonment.

(2)

This fine or sentence shall be applicable for each parcel or interest in subdivided land which is sold, agreed to be sold, negotiated to be sold and/or transferred.

(e)

Sale voidable. Any deed of conveyance, sale or contract to sell made contrary to the provisions of this Article is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representatives, or trustee within one (1) year after the date of execution of the deed of conveyance, sale, or contract to sell is binding upon any assignee or transfer of the grantee, buyer, or person contracting to purchase, other than those above enumerated.

(f)

It shall be unlawful to file or record a plat of a subdivision of land with the County Clerk and Recorder until the plat is approved by the Town and signed by the duly authorized representatives.

(g)

The penalties and enforcement actions enumerated herein may be imposed singly or in combination.

(Ord. 629 §1(Exh. A), 2017)

The division of land into separate parcels, lots, sites, tracts or interests is a subdivision and is regulated by the provisions of this Article. The process of subdivision does not establish types of land uses, which are determined by the zoning regulations of this Chapter. The following types of subdivision are regulated by this Article:

(a)

Major subdivisions. The major subdivision process shall consist of two (2) separate phases, preliminary and final plat, as provided in Sections 19-3-210, 19-3-225 and 19-3-230 below. The preliminary plat phase may be waived by the Town Administrator, who may also require a concept plan.

(b)

Minor subdivisions. The minor subdivision process shall consist of one phase, final plat, as provided in Sections 19-3-215 and 19-3-230 below.

(c)

Plat amendment. The plat amendment process shall consist of one (1) phase, final plat, as provided in Sections 19-3-220 and 19-3-230 below.

(d)

Resubdivisions. Resubdivision is reviewed in the same manner as the original subdivision. To the extent that submittal information, otherwise required in Appendix One, was submitted as part of the original subdivision proposal and is adequate by current standards, the applicant for approval of a resubdivision does not need to submit the information again and may reference such submittal information in the resubdivision application. The Town Administrator and the Town Engineer will determine the technical adequacy of previously submitted information.

(Ord. 629 §1(Exh. A), 2017)

(a)

Major subdivisions include new subdivisions, resubdivision, and condominium conversions/building divisions.

(1)

New subdivisions. A subdivision shall be classified as a major subdivision and governed by this Section when the application proposes to create four (4) or more new lots, parcels, tracts, spaces or interests or less than four (4) new lots, parcels, tracts, spaces or interests when public infrastructure is proposed or required by this Article to be constructed in association with the subdivision.

(2)

For purposes of this Subsection, "public infrastructure" includes water and sewer lines and stubs, drainage facilities, electrical facilities, lines and facilities—whether above or below ground—for telephone, television, internet, or any other type or form of data transfer, curb and gutter, sidewalks, common access areas, such as shared driveways, and any other type of facility deemed by the Town Administrator to be reasonably necessary to support the residents, users or owners of the subject lot(s).

(3)

Any proposed improvements shall conform to Article 4 of this title and the Town's Public Works Improvements Manual.

(b)

Condominium conversion or building division. The application submittal requirements for the subdivision of an existing building into separate interests or ownerships are identical to the final subdivision plan submittal requirements for a major subdivision as specified in Appendix One. All building divisions or conversions must comply with the building code as adopted by the Town as well as all other applicable codes and regulations. A condominium conversion or building division shall comply with the provisions of the Colorado Common Interest Ownership Act which is contained in Article 33.3 of Title 38, C.R.S.

(Ord. 629 §1(Exh. A), 2017)

(a)

A parcel of land is eligible for subdivision through the minor subdivision process if it meets all of the following criteria:

(1)

Creates no more than four (4) lots with direct access to an existing public street;

(2)

Does not require dedication of additional rights-of-way;

(3)

Does not land-lock or prevent development of the remainder of the parcel or abutting property;

(4)

Does not create any new or residual parcels that do not comply with the requirements of this Article, the zoning regulations of this Chapter, or other applicable state or local regulations;

(5)

Does not require public infrastructure to be constructed in association with the subdivision;

(6)

Does not require an exception or variance from any requirement of this title;

(7)

Is not located, wholly or substantially, in a flood hazard area; and

(8)

The parcel was lawfully created at the time the existing property description was recorded.

(b)

Any subdivision not qualifying as a minor subdivision is a major subdivision. Any proposed minor subdivision which is clearly intended to evade the major subdivision regulations or would result in a de facto major subdivision through the combination of previous contiguous and/or consecutive minor subdivisions is not eligible for minor subdivision. A minor subdivision shall only be processed one (1) time on a previously unsubdivided parcel of land.

(Ord. 629 §1(Exh. A), 2017)

(a)

Minor amendments which are filed with the relevant Clerk and Recorder to correct minor survey or drafting errors in a recorded plat shall be prepared in the form of an affidavit or, where deemed necessary for clarity, a revised plat certified by a land surveyor licensed with the State. All affidavits or corrected plats shall be submitted to the Board of Trustees for approval.

(b)

Amendments to a recorded plat which do not increase the number of lots or relocate or add roads shall be submitted as an amended final plat. The amended final plat shall be prepared and submitted in compliance with the final plat requirements of this Article.

(c)

Approval by Town Administrator.

(1)

The Town Administrator may administratively approve the following minor changes to an approved final plat after consulting with such Town staff as is deemed appropriate by the Town Administrator, and without the consent of the Board of Trustees:

a.

Consolidation of two (2) or more lots for purposes of creating a single development lot, where all individual lots are held in common ownership.

b.

Adjustments to and resulting vacation of lot lines where no easements are involved and no new lots are created.

c.

Changes due to minor errors or omissions.

d.

Reconfiguration of an easement.

The party requesting the modification or correction must submit the revision in the form requested by the Town Administrator.

(2)

In addition, and with the consent of the Board of Trustees, as evidenced by resolution, the Town Administrator may administratively approve any other proposed revision to a recorded plat which is determined by the Town Administrator to not be necessary to submit to the review process established by this Chapter for the approval of subdivisions.

(d)

Procedure. The plat amendment shall be reviewed by the Town in accordance with the Review Procedures Chart at Section 19-1-225, Table 1.1. Plat amendments may be approved by the Town Administrator provided, that:

(1)

The plat amendment does not result in the creation of additional lots;

(2)

The plat amendment does not result in any lot that does not comply with the zoning regulations of this Chapter;

(3)

The plat amendment does not result in any lot or lots that cannot be built upon in accordance with any requirements of the Town;

(4)

The plat amendment does not change the overall perimeter boundary of the lots.

(Ord. 629 §1(Exh. A), 2017)

(a)

Purpose. The purpose of the preliminary plat is to provide the Town with an overall master plan for the proposed subdivision. The Town will take formal action on a preliminary plat application.

(b)

Submittal Requirements. The applicant shall submit all required materials specified in Appendix One.

(c)

Procedure. The preliminary plat application shall be reviewed by the Town in accordance with the Review Procedures Chart at Section 19-1-225, Table 1.1. The Town Administrator may waive the requirement to submit a preliminary plat if the proposed subdivision is not part of an overall master plan, is not a phased development, and/or if traffic studies, drainage reports, utility plans or other significant levels of engineering analysis are not required.

(d)

The Board of Trustees shall have the authority to require changes in the preliminary submittal which more fully meet the purposes of this Article as set forth in Section 19-3-105. In reviewing preliminary submittals that have been submitted to it, the Board of Trustees shall not only ensure that the intent and requirements of this Article are followed, but it shall also determine the extent to which the goals and policies embodied in the land use plan are met. The preliminary submittal, along with the available comments of the review agencies and all other comments, shall be presented at the public hearing. The burden of proof shall be on the subdivider to show the reasonableness of the plan, the lack of adverse effect and compliance with the following elements of the public health, safety and general welfare:

(1)

The subdivision, unless the Board of Trustees negotiates and approves a satisfactory agreement to the contrary, will be served by a public water system. The water system shall not create an unreasonable burden on the existing water supply.

(2)

The subdivision will, unless the Water and Sanitation District negotiates and approves a satisfactory agreement to the contrary, be served by a public sanitation system. This system shall not create an unreasonable burden on the existing wastewater treatment facilities.

(3)

The subdivision will not cause soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result.

(4)

The subdivision will not unreasonably jeopardize people downstream as a result of modified drainage patterns.

(5)

The subdivision will not cause air pollution. In making this determination, the Board of Trustees shall consider the elevation of land above sea level, land topography, prevailing winds or the absence thereof, local and regional airsheds, increase in sources or quantity of emission, as well as quality of such, and such other items as are deemed pertinent.

(6)

The subdivision will not cause unreasonable highway congestion or unsafe conditions with respect to use of the highways existing or proposed; will not cause an unreasonable burden on the ability of the school district to provide educational services; and will not place an unreasonable burden on the ability of the Town, special districts, utilities or other entities to provide water, sewage treatment, fire protection, police protection, hospital care, solid waste disposal and other services.

(7)

The subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites or rare and irreplaceable natural areas; will not have an undue adverse effect on wildlife and their habitat, or on the preservation of agricultural land, wetlands and open space; and will not have an undue adverse effect on adjacent land uses.

(8)

The subdivision will not, alone or cumulatively with other subdivisions in the Town, cause any of the above undue adverse effects.

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §12, 2020)

(a)

Purpose. The purpose of the final plat is to complete the subdivision of land in conformance with all the applicable requirements and standards of the Town and all recommendations made at earlier stages of subdivision review.

(b)

Submittal requirements. Not more than twelve (12) months after approval of a preliminary plat application, the applicant shall file a sufficient number of copies, as determined by the Town Administrator, of the final plat application along with any additional information required by the Town Board during the preliminary plat process. The applicant shall submit all required materials specified in Appendix One.

(c)

Procedure. The final plat application shall be reviewed by the Town in accordance with the Review Procedures Chart at Section 19-1-225, Table 1.1.

(d)

The only basis for rejection of the final plat shall be nonconformance to current Code requirements affecting the subject property, or nonconformance with the approved preliminary plat.

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §13, 2020)

(a)

Whenever a final plat is approved for less than the entire area covered by the preliminary submittal, approval of the preliminary submittal for the remaining unplatted area shall be extended for one (1) additional year.

(b)

A denial of a preliminary submittal or a final plat, whether for a major subdivision (by the Board of Trustees) or a minor subdivision (by the Town Administrator) is the final action by the Town and may be appealed to the district court.

(Ord. 629 §1(Exh. A), 2017)

(a)

This Article shall not apply to the following divisions of land:

(1)

The division of land by order of any court in the State or by operation of law.

(2)

The creation or modification of a cemetery lot, tract or parcel.

(3)

The division of land by a lien, mortgage, deed of trust or any other security interest.

(4)

The division of land by a security or unit of interest in any investment trust regulated under the laws of the State or any other interest in an investment entity.

(5)

The division of land which creates an interest or interests in oil, gas or minerals which are now or hereafter severed from the surface ownership of real property.

(6)

The division of land by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed for purposes of this Subsection as only one (1) interest.

(7)

The division of land by reason of the dissolution of a joint venture.

(8)

The division of land by conveyance of real property to or from the Town in satisfaction of land dedication, subdivision, annexation or other Town requirements.

(Ord. 629 §1(Exh. A), 2017)

In addition to the authority of the Town Administrator to waive certain requirements of this Article, the Board of Trustees may waive any requirement of this Article if it determines such waiver to be in the best interests of the Town.

(Ord. 629 §1(Exh. A), 2017)

(a)

The landowner may make application to the Board of Trustees to vacate any plat of record under the following conditions:

(1)

Vacation of the subdivision will not interfere with development or deny access via public thoroughfare to the adjoining properties or utility services and other improvements.

(2)

Extension of utility services to the subdivision is not feasible for immediate development in the near future.

(b)

The Board of Trustees shall review the vacation request at a regularly scheduled public meeting and deny or approve the vacation. All adjacent landowners of record in the County Assessor's office, which are contiguous to the property, shall be notified of the time and place of the hearing.

(Ord. 629 §1(Exh. A), 2017)

The applicant may choose to submit its preliminary and final plat application together, for concurrent review. In that case, all submission materials must accompany the (combined) application, and the Town Administrator and Board of Trustees shall consider both submittals at combined hearings.

(Ord. 629 §1(Exh. A), 2017; Ord. 650 §14, 2020)