(a)

Applicability. This Article applies to plats and subdivisions of land within the Town. A subdivision plat may not be approved until the subject area has been annexed and permanently zoned by the Town.

(b)

Creation of building site. A development permit shall not be issued until a building site, building tract, or building lot has been created by compliance with one (1) of the following conditions:

(1)

The lot or tract is part of a plat of record, properly approved by the Board of Trustees and filed in the plat records of the County.

(2)

The lot or tract faces a dedicated street and was legally created prior to the effective date of the original subdivision regulations of the Town or prior to annexation to the Town, whichever is applicable. In such an event, a building permit for only one (1) main building conforming to all the requirements of this LUC may be issued on each such original separately owned parcel without first complying with Section 16-14-1(b)(1), above.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Lot configuration.

(1)

Lot size, width, depth, shape, and orientation and minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated and shall conform to the dimensional standards for the zoning district.

(2)

The depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street parking and loading facilities required by the type of use and development contemplated.

(b)

Street frontage required. Each lot or building tract shall front on a public street.

(c)

Double-frontage lots. Double-frontage lots shall be avoided, except where essential to provide separation of residential development from traffic or to overcome specific disadvantages of topography and orientation.

(d)

Large lots. Where the area is divided into larger lots than for normal Town building sites and, in the opinion of the Planning Commission, any or all of the tracts are susceptible of being re-subdivided, the original subdivision shall be such that the alignment of future street dedications may conform to the general street layout in the surrounding area and so that the larger tracts may be later subdivided in conformance with the requirements of this Land Use Code and the minimum standards specified by the zoning district.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Specifications.

(1)

All streets and alleys shall be designed in accordance with the Standards and Specifications for Public Improvements, Town of Mancos, 1998.

(2)

The Public Works Director may grant an exception to one (1) or more street design standards, in accordance with Section 4.1.2 of the Standards and Specifications for Public Improvements, where the standard is inappropriate and the exception will result in the level of safety, service, and quality intended by such standards.

(b)

Street layout. Adequate local streets shall be provided to accommodate the subdivision and provide access to lots. Unless otherwise approved by the Town, new streets and extensions of existing streets must bear a logical relationship to the topography and to the location of existing or planned streets on adjacent properties and conform with the Comprehensive Plan. Where the layout of streets is not shown in the Comprehensive Plan, the arrangement of streets in a subdivision shall either:

(1)

Provide for the continuation or appropriate projection to existing principal streets in surrounding areas; or

(2)

Conform to a plan for a neighborhood or planned unit development approved by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable or where neighborhood design makes a varied plan appropriate.

(c)

Street posts, markers and traffic signs. The developer shall pay the cost of purchasing and installing street posts, markers, and traffic signs of the type as used throughout the Town at each street intersection.

(d)

Street connections. The system of streets designated for the subdivision, except in unusual cases, must connect with streets already dedicated in adjacent subdivisions. Where no adjacent connections are platted, the system of streets must, in general, reflect a reasonable projection of streets in the nearest subdivided tracts and must be continued to the boundaries of the tract subdivided, so that other subdivisions may connect therewith. Reserve strips of land controlling access to or egress from other property or to or from any street or alley or having the effect of restricting or damaging the adjoining property for subdivision purposes shall not be permitted in any subdivision, unless such reserve strips are conveyed to the Town in fee simple.

(1)

Street intersections. More than two (2) streets intersecting at a point shall be avoided. All streets shall be laid out to intersect as near as possible to right angles. All streets shall intersect at right angles for a minimum of fifty (50) feet from the edge of the intersection.

(2)

Street jogs. Nonintersecting streets with a centerline offset of less than three hundred (300) feet shall not be approved.

(3)

Block lengths. No block length shall be longer than six hundred (600) feet.

(4)

Half streets. Half streets are prohibited, except where essential to the reasonable development of the subdivision and where the Planning Commission finds that it will be practicable to require the dedication of the other half of a street when the adjoining property is subdivided.

(5)

Dead-end streets. Dead-end streets, except for culs-de-sac, shall be prohibited, unless they are designed to connect with future streets on adjacent lands and have not been platted. In cases where these type of dead-end streets are allowed, a temporary turnaround shall be constructed as specified by the Public Works Director.

(6)

Culs-de-sac. Culs-de-sac shall not exceed six hundred (600) feet in length and shall have a turnaround diameter of seventy (70) feet. A specially designed temporary turnaround may be allowed when approved by the Public Works Director.

(e)

Street design standards. Street and alley widths, curves, grades, design speed, and centerline radius shall meet the standards set forth in Table 16-14-3.1, and subsequent provisions of this paragraph.

(1)

Street grade and curves. Streets may have a maximum grade of seven percent (7%). Centerline profile grades will not exceed four percent (4%) for a distance of at least one hundred (100) feet on either side of an intersecting centerline.

(2)

Street curve radii. Streets shall have a minimum radius at the centerline of one hundred (100) feet, unless in special circumstances the Board of Trustees approves a local residential street with a smaller minimum radius.

(3)

Paved streets. All new public streets must be paved.

(4)

Graveled alley required. Graveled alleys shall be provided if required by the Planning Commission.

(5)

Minimum Alley Width. The minimum right-of-way width of an alley shall be twenty (20) feet. The minimum gravel surface width of alleys shall be twenty (20) feet.

(6)

Construction and dedication of internal streets. Streets shall be constructed by the developer and dedicated to the Town, along with all necessary rights-of-way, with no pro rata share from the Town.

(7)

Sight distance. All portions of the grade line must meet sight distance requirements for the design speed. The minimum stopping sight distance is the distance required by the driver of a vehicle, traveling at the design speed, to bring the vehicle to a stop after an object on the road becomes visible.

(8)

Major structures. Major structures, such as retaining walls, box culverts, and bridges that are appurtenant to a proposed street or parking lot construction, shall be provided by the developer.

(9)

Street names and numbers. All street names are subject to approval of the Planning Commission. When streets are in alignment with existing streets, any new streets shall be named according to the streets with which they correspond. The Building Official will assign street numbers.

(f)

Street lighting. The costs of purchasing and installing all street lighting equipment are the responsibility of the developer. The developer shall also pay the cost of all street lighting service for a period of two (2) years or until such time as seventy percent (70%) of the buildings for which building permits have been issued are completed, whichever is sooner. All street lighting design plans and equipment are subject to the approval of the Board of Trustees. The type of equipment, method of installation and location of the wiring, and light poles shall meet the minimum standards and requirements of the electric company from which electricity is to be purchased.

(g)

Easements.

(1)

Utility easements.

a.

Utility easements must be provided in all subdivisions unless otherwise approved by the Planning Commission, except that the Planning Commission may waive the requirement where other definite and assured provision is made for service access consistent with and adequate for the uses proposed.

b.

The minimum required width of each utility easement is ten (10) feet.

c.

The utility easement must be ten (10) feet in width on each side of all rear lot lines and five (5) feet in width on each side of side lot lines. Where the rear or side lot lines abut property outside of a subdivision on which there are no rear or side lot line easements at least five (5) feet in width, the easements on the rear and side lot lines in the subdivision shall be ten (10) feet in width.

(2)

Potable water and sewer easements. Water and sewer easements shall be a minimum of twenty (20) feet in width; provided, however, that, for utility lines located deeper than eight (8) feet underground, the easement width shall be determined by the Public Works Director based on site conditions.

(3)

"T" Intersections and culs-de-sac. Easements twenty (20) feet in width shall be provided beyond "T" intersections and culs-de-sac for the continuation of utilities or drainage improvements, if necessary.

(4)

Fire lanes and emergency access easements. Fire lanes and emergency access easements twenty (20) feet in width shall be provided where required by the Fire Chief.

(5)

Drainage easements. When a proposed subdivision is traversed by an irrigation ditch, channel, natural creek, stream, or proposed drainage easement, there shall be provided an easement sufficient for drainage and to allow for maintenance of the ditch.

(6)

Trail easements or rights-of-way. When a proposed subdivision is traversed by a public trail shown on an adopted plan, an easement or public right-of-way shall be provided sufficient for public trail construction, maintenance and access. Where a proposed subdivision includes portions of the Mancos River or Chicken Creek, a minimum twenty-five-foot easement or public right-of-way outside and adjacent to the normal river channel shall be dedicated for trail purposes. Connections to existing, adjacent or nearby trails should be made pursuant to Article 16-7, Mobility and Connectivity.

(7)

Adjoining areas. When easements in areas adjoining proposed subdivisions are necessary to provide adequate drainage thereof or to serve such subdivisions with utilities, the developer must obtain such easements.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Purpose. The requirements for open space, school sites, parks, and recreational areas contained in this Section ensure that there will be sufficient land dedicated or otherwise set aside to meet the demand and need of the future residents of the development for open space, school sites, and parks, containing passive or active recreational areas that are reasonably attributable to such development.

(b)

Applicability. Every subdivision shall include a dedication of land to the Town, or other entity, as determined by the Board of Trustees, to be used for parks and recreation, open space, school sites, municipal facilities, or cash in lieu of such dedication in an amount established by this Section as a condition of final plat approval and prior to the recording of a final plat.

(c)

Dedication requirement. The developer shall dedicate to the Town at least ten percent (10%) of the gross land area, in fee simple or other equivalent cash-in-lieu, unless a land dedication was required for the subject land at the time of annexation.

(d)

Specifications.

(1)

Land dedicated or otherwise set aside for dedications must be of appropriate size, dimensions, topography, and general character as required for the type of use necessary to meet the demand and need of future residents (e.g., school sites, open space buffers, public trails, active recreation for team or individual sports, playgrounds, tot lots, picnic areas, etc.).

(2)

Unique natural areas or flood-prone areas that provide an opportunity for public trails or linkage parks may be included in areas dedicated or reserved for open space.

(3)

With the exception of land dedicated for trails, dedicated or reserved land shall have minimum dimensions of one hundred (100) feet in width and one hundred fifty (150) feet in depth, unless otherwise approved by the Board of Trustees.

(e)

Platting requirements. Any land dedicated for open space, school sites, or park and recreational areas must be shown on the face of a plat submitted for approval by the Planning Commission and Board of Trustees.

(1)

Pins to be installed. Each corner of the parkland to be donated shall be marked with a permanent monument consisting of three-quarters-inch iron pins set in concrete. These shall be located and identified on a recordable land survey completed by a land surveyor registered in the State and provided to the Town by the owner and/or developer.

(2)

Plat to be recorded. Upon approval by the Board of Trustees, a plat shall be filed of record in the office of the County Clerk and Recorder.

(f)

Payment of cash in lieu of dedication. Payment of cash in lieu of dedication of land for park and recreational purposes shall be made prior to the recording of a final plat and shall be subject to the following provisions:

(1)

Applicability. In a subdivision of less than twenty (20) acres or where the required dedication would be less than one (1) acre, or if the Board of Trustees finds that the park and recreational needs of a proposed development would be better served by a park in a different location or the expansion or improvement of an existing park or recreational area, the Board of Trustees may substitute a cash payment other equivalent conveyance in lieu of land dedication.

(2)

Schedule for cash in lieu. The amount of cash payment shall be calculated based on the land area that would be required as a dedication. The Planning Commission shall recommend and the Board of Trustees shall establish by resolution the per-acre fee based upon the current fair market value for raw lands within the corporate limits of the Town.

(3)

Accounting, expenditure, and refunds. All such payments of cash-in-lieu fees shall be accounted for and spent according to the following requirements:

a.

Cash-in-lieu payments shall be segregated in a special Parks and Recreation Capital Improvement Fund, to be spent on a first-in-first-out basis and used only for the acquisition and improvements of open space, school sites, and park and recreational areas within the Town that will meet the needs of the residents of the development or subdivision in respect of which such payment was made.

b.

Cash-in-lieu payments shall be expended on the acquisition or improvement of open space or park land within reasonable proximity to the proposed development or subdivision from said development or subdivision.

c.

If cash-in-lieu payments are not expended or unconditionally committed to be expended within ten (10) years of receipt, the developer or owner shall be entitled to a refund of the amount paid, upon written request by the developer or owner, filed with the Town Clerk within one (1) year after the right to such refund arises.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Adequate drainage required. A developer will provide, at his expense, drainage structures that will become integral parts of the existing street or roadway drainage system in accordance with the Standards and Specifications for Public Improvements, Town of Mancos, 1998. The dimensions of all drainage structures must be approved by the Public Works Director prior to installation.

(b)

Minimum standards. All provisions for drainage and flood control shall be established, at a minimum, to handle the anticipated one hundred-year-frequency storms for maximum period of intensity over the entire drainage basin, which the subdivision serves, and they shall be made in accordance with the approved improvement plan. The one hundred-year floodplain referred to herein shall mean that floodplain calculated on the basis of a fully developed watershed, regardless of any regulated floodplain designations (see Article 17, Floodplain Regulations).

(c)

Erosion. Where free fall of water occurs, satisfactory means shall be provided to prevent erosion of soil. Culverts shall have concrete head walls and wing walls where conditions require.

(d)

Catch basins. Standard drop-inlet catch basins shall be constructed.

(e)

Engineered design. The Town may require that improvements be designed by a state-registered engineer.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

(a)

Water supply. All municipal water service shall be subject to the requirements of and designed in accordance with the Standards and Specifications for Public Improvements, Town of Mancos, 1998. All potable water lines, fire hydrants, and appurtenances shall be designed and constructed to meet the currently applicable requirements of the Town and the Fire Protection District. Fire hydrants shall be provided to serve new subdivisions sufficient to maintain the Town's current class fire rating by the Insurance Service Office (ISO). The dimensions of all water supply facilities must be approved by the Public Works Director prior to installation.

(b)

Sewage treatment. All sanitary sewer service and facilities shall be subject to the requirements of and designed in accordance with the Standards and Specifications for Public Improvements, Town of Mancos, 1998. The dimensions of all sanitation facilities must be approved by the Public Works Director prior to installation.

(c)

Water and sewer system protection. Water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.

(d)

Underground utilities. All utilities shall be placed underground, except transformers, switching boxes, and terminal boxes.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Applicability. When a residential subdivision contains any physical facilities, structures, improvements, systems, areas or grounds held in common and necessary or desirable for the welfare of the area or subdivision, or that are of common use or benefit and that are not or cannot be satisfactorily maintained by the Town or another public agency, the Town may require the establishment and creation of a mandatory homeowners' association to assume and be responsible for the continuous and perpetual operation, maintenance and supervision of such facilities, structures, improvements, systems, areas or grounds.

(b)

Responsibilities. Such mandatory homeowners' associations shall be responsible for the continuous and perpetual operation, maintenance and/or supervision of landscape systems, features or elements located in parkways, common areas, between screening walls or living screens and adjacent curbs or street pavement edges, adjacent to drainageways or drainage structures or at subdivision entryways. Subdivision entryway treatments or features shall not be allowed unless a mandatory homeowners' association is established and created.

(c)

Dedications to association. All facilities, structures, improvements, systems, areas or grounds that are to be operated, maintained and/or supervised by a mandatory homeowners' association, other than those located in public easements or rights-of-way, shall be dedicated by easement or deeded in fee simple ownership interest to the association. Easements or ownership shall be clearly identified on the final plat of the applicable subdivision.

(Ord. No. 751, § 1, 11-13-2019)

Condominium subdivisions shall comply with the following standards:

(1)

The density of the development shall not be greater than the maximum density as allowed by the underlying zone district.

(2)

Each individual condominium unit shall have separate utility service, including individual meters and shut-off valves.

(3)

The structure shall meet current off-street parking requirements for the underlying zone district. Each residential condominium unit shall be considered a separate dwelling unit for purposes of determining parking compliance.

(4)

The Town may, at its discretion, require a minimum one-hour firewall between units.

(Ord. No. 751, § 1, 11-13-2019)