A.

Applicability. Unless otherwise exempted by this chapter, all development, subdivisions or resubdivisions of land within the city and any additional lands over which the city has control under C.R.S. § 31-23-212 shall be reviewed and approved according to the standards stated in this development code. In addition, this chapter shall apply to all land in the process of annexation to the city. No land shall be conveyed or developed, or lots consolidated or reconfigured until a plat has been approved, except as specifically exempted, under the provisions of this development code.

B.

Applicable procedures and other relevant provisions.

1.

Subdivision review process. All applications for subdivision approval are reviewed according to the applicable procedures in section 15.02.060, 15.02.070.B, or 15.02.070.A.

2.

Plat submittal requirements. Submittal requirements for subdivision plats are found in the administrative manual.

3.

Improvement guarantees. For standards governing improvement guarantees, including performance and maintenance guarantees for public and private on-site improvements, please refer to section 15.02.110, public and common/private improvement review, construction and acceptance.

4.

Development agreements. For standards and procedures governing development agreements, which may, among other things, allow vesting of property rights attached to an approved final subdivision plat for more than the statutory three-year period, please refer to section 15.02.090.A.

(Code 2009, § 15.07.010)

A.

General rules.

1.

Applicants shall identify and provide community facilities during the subdivision review process. The city shall refer subdivision plat applications to applicable outside agencies for comment.

2.

In order to facilitate the future acquisition of land areas required to implement this development code, the city may require that land be reserved, dedicated, or donated for the future acquisition and development of schools, parks, and other public uses and purposes.

3.

The city shall have the discretion to accept any offered donation or dedication of land area.

B.

Parks, greenways and open space. All subdivisions shall reserve land for public parks according to the comprehensive plan, or dedicate land, or pay fees in-lieu of dedication, for the purpose of providing a proportionate share of public parks, greenways, and open space. All dedications for parks, greenways, and open space shall comply with the standards stated in section 15.05.040.

C.

Fair contribution for public school sites.

1.

Applicability/dedication or payment in-lieu required.

a.

Unless exempt under subsection C.2 of this section, before final plat approval applicants shall provide proof that the school district has received fair contribution for public school sites, as defined by table 15.07.020.

b.

If a subdivision plat includes land identified in the comprehensive plan for a public school site, the applicant shall:

i.

Plat and dedicate such land as fair contribution for public school sites, provided such dedication is, as determined by the school district, properly configured and located so as to accommodate a school campus;

ii.

Convey to the school district by general warranty deed title to the land slated for dedication free and clear of all liens, encumbrances, and exceptions (except those approved in writing by the school district), including, without limitation, real property taxes, which will be prorated to the date of conveyance or dedication;

iii.

At the time of conveyance, provide an ALTA title insurance policy to the school district insuring the title described above in an amount equal to the fair market value of the dedicated property;

iv.

Satisfy the city's raw water requirement for the land conveyed before conveying the property to the school district; and

v.

In addition to any lands dedicated or conveyed, provide to the school district an option to purchase abutting lands identified as a school site in the comprehensive plan at their fair market value so that the dedicated or conveyed and purchased lands together form a contiguous parcel meeting the school district's land area requirements listed in the comprehensive plan.

c.

The applicant shall, not later than the issuance of the first building permit for the subdivision, provide or provide for payment of the cost of:

i.

Construction of one-half of adjacent street development costs for land dedicated to the school district under this section;

ii.

Connections for water, sewer, gas, electric, and other normal utilities stubbed to the dedicated land;

iii.

Overlot grading of the dedicated land.

d.

The applicant shall also, by issuance of the first building permit, furnish any off-site easements that the school district will need to develop the site.

e.

The school district may, at its discretion, accept a payment in-lieu of land dedication for public school sites.

2.

Exemptions from contribution requirement. Subject to school district approval, the following uses are exempt from the fair contribution for public school sites requirement:

a.

Construction of any nonresidential 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 limited term stay or for long-term assisted living, including, but not limited to, short-term rentals, bed and breakfast establishments, boardinghouses or roominghouses, group care homes or group care facilities, halfway houses, rehabilitation or treatment facilities, hotels or hospices; and

d.

Construction of any residential building or structure classified as housing for older persons, under the Federal Fair Housing Act then in effect.

D.

Easements and rights-of-way. Easements shall be provided on-site or off-site to serve the site where necessary for utilities, drainage, ditch companies, or other public purposes, as required in chapter 13.36. Public right-of-way dedication to serve the site is required for streets and primary greenways as shown on the comprehensive plan.

(Code 2009, § 15.07.020)

The size, shape and orientation of lots shall be appropriate to the location of the proposed subdivision and to the type of development contemplated. The following lot design standards shall apply to all subdivisions:

A.

Buildable lots. All lots created through the subdivision process shall be developable and conform to the minimum zoning, development, and floodplain standards stated in this development code and floodplain regulations in title 20. No subdivision shall create lots that prohibit development due to configuration of the lots, steepness of terrain, location of watercourses or floodplain, natural physical conditions, or other existing conditions.

B.

Lot dimensions. The minimum area and dimensions of all lots shall conform to the requirements of chapters 15.03 and 15.05 relating to the zoning district in which the lot is located. This subsection does not apply to planned unit developments.

C.

Compliance with design standards. All subdivisions shall comply with the applicable residential, mixed-use and nonresidential design standards in sections 15.05.110 and 15.05.120.

D.

Lot lines. To the maximum extent practical, the sidelines of all lots shall be at right angles to the street upon which the lot fronts, or approximately radial to the center of curvature if the street is curved. If side lot lines are not radial, it shall be noted as such on the plat.

E.

Frontage.

1.

Lots intended for single-family detached dwellings shall have a minimum street frontage of 25 feet unless otherwise allowed in this development code or required by other applicable city standards, except that single-family detached dwellings that front a common area with a pedestrian path connecting each dwelling to a public sidewalk, and take access from an alley meeting applicable standards are exempt from street frontage requirements if adequate emergency and utility access and easements, public services such as trash, recycling and composting, parking, and signage are provided consistent with city standards and this development code.

2.

Lots intended for attached residential dwellings, such as townhome lots, shall have a minimum street frontage of 20 feet, except that attached residential dwellings and mixed-use and nonresidential uses that take access from an alley or private drive meeting applicable standards, are exempt from street frontage requirements if adequate emergency and utility access and easements, public services such as trash, recycling and composting, parking, signage, and pedestrian access to each dwelling are provided consistent with city standards and this development code.

F.

Corner lots. Corner lots for residential use shall be platted ten feet wider than interior lots in order to facilitate conformance with the setback requirements of chapter 15.03.

G.

Division of lots. No lot shall be divided by a city boundary line.

H.

Flag (or flagpole) lots. Flag lots are prohibited, except for those complying with utility, fire, and emergency access standards.

I.

Lots divided by a zoning district boundary. Lots that are divided by a zoning district boundary are prohibited.

J.

Outlots.

1.

Outlots shall not be used as developable parcels.

2.

Outlots shall be designated on an approved plat, and shall specify the ownership, use, and maintenance responsibility for all outlots.

3.

No outlots are permitted except to satisfy a requirement of this development code or to serve a public, common area, or private access purpose.

4.

If city maintenance is requested, such outlots shall be adjacent to other city-maintained areas and shall be subject to a perpetual maintenance agreement acceptable to the city. Outlots to be maintained by the city shall be dedicated to the city.

(Code 2009, § 15.07.030)

A cluster lot subdivision is a residential development in which the lots are allowed to be smaller or narrower than otherwise required in the zoning district, but in which the overall number of lots or density does not exceed prior approvals for the subject property or the density allowed under the comprehensive plan land use classification and the respective zoning district. Cluster lot subdivisions are intended to create a more compact residential development to preserve and maintain open areas and natural lands in excess of what would otherwise be required by this development code. Cluster lot subdivisions shall meet all of the following requirements:

A.

Zoning districts where allowed. Cluster lot subdivisions are allowed in the N-AG and R-RU zoning districts.

B.

Minimum parcel size. The minimum land area for a cluster lot subdivision shall be ten acres.

C.

Open space and other preserved lands. At least 50 percent of the property shall be preserved as open space, agricultural, or other preserved land. Common areas and landscaping shall be provided only for the developed portion of the subdivision. Open space, agricultural, or other preserved land shall be noted as outlot on the subdivision plat subject to section 15.07.030.J, or if not platted, a conservation easement protecting such land similarly to an outlot, as determined by the director, shall be granted to the city with final approval of the cluster lot subdivision.

D.

Cluster lot development standards. All cluster lots shall comply with the development standards stated in table 15.07.040. In the case of conflict between the provisions of table 15.07.040 and any other portion of this development code, the provisions of this table 15.07.040 shall govern. To the extent not covered by this section, the provisions in this development code shall apply to cluster subdivisions.

(Code 2009, § 15.07.040)

A.

Applicability. The provisions of this section shall apply to all subdivisions unless otherwise expressly stated in an approved development agreement, overall development plan, annexation agreement, or as identified in the City of Longmont Public Improvements Design Standards and Construction Specifications.

B.

City of Longmont Public Improvements Design Standards and Construction Specifications.

1.

Standards and specifications incorporated by reference.

a.

Under section 4.9 of the Charter, the City of Longmont Public Improvements Design Standards and Construction Specifications (referred to collectively as "city standards") are adopted by reference as ordinances of the city, and are incorporated into this development code by reference. A copy of the current version of the public improvements design standards and construction specifications is on file with the department of public works and may also be accessed on the City of Longmont website.

b.

Under section 4.9 of the Charter, the City of Longmont Storm Drainage Criteria Manual (1984, as amended), is incorporated into this development code by reference. See also section 14.24.010.

c.

Copies of the city standards and storm drainage criteria manual are available online and are on file with the department of public works and natural resources, and available for public inspection or purchase during normal business hours.

2.

Compliance with city standards. All public improvements, public streets, and private common areas and pocket parks shall be constructed to comply with all applicable city standards, with the standards established by this chapter, and with all other applicable city regulations, standards and specifications.

C.

Consistency with plans and regulations. All subdivisions shall be consistent with the comprehensive plan, this development code, and prior approvals applicable to the subject property.

D.

Plans for remainder parcels. Where an entire parcel under the applicant's control or ownership is not subdivided for development and the entire parcel is not part of an approved concept plan, the applicant shall submit a concept plan for the remainder of the parcel, including major road connections and intended land uses.

E.

Noise reduction required. Where a subdivision or development borders a railroad right-of-way, federal or state highway, or arterial street, the subdivision design shall include adequate provisions for traffic noise reduction. The city may also refer the proposed subdivision or development to the state department of transportation and other appropriate federal or state agencies for comment and recommendations addressing noise reduction and compliance with other applicable state/federal highway controls. Solutions for noise reduction may include, but are not limited to, a parallel street, a landscaped buffer area including berming or a wall, or lots with increased depth or building setbacks.

1.

Where a proposed subdivision or development may include uses expected to produce noise at levels noticeable by the inhabitants of adjacent property, the city may require an acoustical analysis and a plan for noise reduction. Also refer to section 15.05.160.B.

2.

When the city requires acoustical analysis, a qualified acoustical engineer shall conduct the analysis, which shall include a description of the noise environment and the construction or other methods necessary to reduce the noise to an acceptable level. The acoustical analysis shall be submitted with the applicable development or subdivision application. As a result of the analysis, the decision-making body may attach conditions to the approval necessary to mitigate any identified adverse noise impacts.

F.

Ditch improvements. The city may require ditches to be concrete-lined or piped in any proposed subdivision if necessary to promote public safety and welfare, subject to the consent of the applicable ditch company.

G.

Protection of existing vegetation and natural features.

1.

The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within all proposed subdivisions shall be designed to minimize land disturbance and preserve existing trees, vegetation, watercourses, and other natural features. Applicants shall refer to the development standards stated in sections 15.05.020, 15.05.030, and 15.05.040.D and shall apply them in the layout of the subdivision to avoid creating lots or patterns of lots that will make compliance with such standards difficult or infeasible.

2.

Under section 15.05.040.D, the city shall determine which existing site trees are to be saved, replaced, or relocated. The applicant or owner shall not remove any trees from the subdivision or change the grade of the land affected until the final plat is approved. All trees on the plat required to be retained shall be preserved and, as needed, protected against change of grade.

H.

Streets.

1.

General rule. Any access way that provides public access and provision of public services shall be shown on the subdivision plat, shall be dedicated to the public, and shall be constructed as a public street or alley according to the standards stated in this development code and applicable city standards.

2.

Lot access and street connectivity. All new lots shall have access to a right-of-way conforming to the standards stated in section 15.05.050.D. Also refer to section 15.07.030.E regarding lot street frontage.

3.

Determination of street versus drive. Where designation of an access way as a street or a drive is unclear, the general manager shall consider all of the following criteria and determine if the access way, as proposed, shall be a public street or private drive.

a.

Drives are generally non-through ways, do not provide an easy, convenient connection between streets, or do not encourage use by the general public.

b.

Unless the city determines that it is in its best interests to do otherwise, the publicly owned and maintained portions of the water and sewer systems are generally constructed within a street.

c.

Public services are generally provided on streets. A street is appropriate in a situation where drive design makes it difficult for the city to provide its services, or makes it difficult for residents to utilize the standard public services, and where the difficulty can be eliminated by utilizing a street.

I.

Pedestrian access and circulation. All subdivisions shall include a system of sidewalks, pedestrian walkways, and trails that interconnect to all uses, lots, open space, and parks. All subdivisions shall comply with the pedestrian and bicycle access and connectivity standards stated in section 15.05.060.

J.

Water supply/fire protection.

1.

All subdivisions shall include a water supply and fire protection system designed according to city standards and with applicable utility rules and regulations and fire codes.

2.

No building permits shall be issued for any construction involving combustible materials until such time as working fire hydrants and all-weather driving surface are in place.

3.

See also section 15.05.150.E for standards requiring provision of an adequate level of fire and emergency medical response services and facilities.

K.

Wastewater systems. All subdivisions shall include a wastewater system designed according to the city standards.

L.

Stormwater management.

1.

Lands subject to flooding even if not located within a designated floodplain, shall not be platted for residential occupancy or for any other use that may increase danger to health, life, or property, or aggravate the flood hazard to surrounding properties.

2.

All subdivisions shall include a stormwater management system designed according to the city standards section 300. See also section 15.05.150.D for standards requiring provision of an adequate level of service in the areas of drainage and water quality management.

M.

Other utilities and public improvements. All subdivisions shall incorporate those additional utility and improvement designs contained in titles 13 and 14.

N.

Underground utilities.

1.

All utility lines shall be placed underground at the applicant's expense. The applicant shall be responsible for coordinating with the appropriate utility agencies and complying with the requirements of this provision and all other applicable city and state regulations.

2.

Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, street lighting and other facilities necessarily appurtenant to such underground utilities may be placed above ground. High-voltage electric transmission and distribution feeder lines and necessary appurtenances thereto may be placed above ground. All utility lines and facilities shall be placed within easements or rights-of-way provided for particular facilities. Subject to review by applicable utility agencies, above-ground utilities allowed by this subsection shall be screened from public view with landscaping, fences, or walls to the maximum extent practicable taking into consideration applicable clearance, access and maintenance requirements.

O.

Grading and erosion control.

1.

No site grading shall occur on land included within any proposed subdivision prior to the issuance of stormwater construction activity permits as required by the municipal code and the city standards.

2.

All subdivisions shall be designed to avoid or minimize soil erosion, both during construction and at final stabilization, according to the city standards, and applicable state and county regulations.

P.

Setbacks/location from existing and abandoned wells and facilities. See section 15.05.090 regarding setbacks/location of platted residential lots, parks, sports fields and playgrounds, public roads, and major above-ground utility lines from existing and abandoned oil and gas wells and facilities.

(Code 2009, § 15.07.050; Ord. No. O-2025-03, § 2, 1-14-2025)

Survey monuments shall be installed within subdivisions according to city standards and applicable state law.

(Code 2009, § 15.07.060)

A.

Declaration of covenants and restrictions required. If common areas and facilities within a subdivision or development are to be owned and maintained by a property owners' association, the applicant shall file a declaration of covenants and restrictions consistent with state law that will govern the association. The declaration must be submitted prior to construction acceptance.

B.

Proof of establishment of association; submission of recorded covenants and restrictions.

1.

Prior to construction acceptance for the initial phase of development, and sale of individual lots, the applicant shall submit evidence that the property owners' association has been legally established, typically in the form of recorded articles of incorporation filed with the state Secretary of State recorded covenants and restrictions.

2.

Prior to construction acceptance for each phase of development, and release of public improvement securities and sale of individual lots, the applicant shall provide certification that all lots, outlots, dwellings, and other common areas and facilities are included as part of the established property owners' association.

C.

Control of common areas and other private improvements.

1.

All development is approved subject to the submission of relevant legal instruments, including covenants and restrictive instruments of conveyance setting forth a plan or manner of architectural character and control and permanent care and maintenance of all common areas and other community facilities provided by the approved development or subdivision application.

2.

Common areas and other community facilities provided shall be conveyed to a property owners' association or some other entity having the authority and responsibility to maintain said facilities. Provision shall be made to dedicate such facilities to the city only if the recreation facility and/or open space is designated on the comprehensive plan.

3.

If common areas or other community facilities are not maintained consistently with the approved development or subdivision application, the city may, at its option, cause such maintenance to be performed and assess the costs to the affected property owner or responsible association, which assessment shall constitute a lien upon the property and shall be collected by assessment by the county in the manner of tax assessments.

(Code 2009, § 15.07.070)