18.05.1.1

Purpose.

A.

These Subdivision Regulations are designed and enacted for the purpose of promoting the health, safety, and general welfare of the present and future inhabitants of Manitou Springs (the City) by:

1.

Ensuring that land is subdivided into lots that are of adequate size and configuration for the purpose for which they are intended to be used;

2.

Ensuring that streets will be laid out in relation to existing streets and that said streets will be built to adopted City construction standards to facilitate safe, efficient, and pleasant walking, biking, and driving;

3.

Promoting neighborhoods that enhance the City's character and are compatible with adjoining lands;

4.

Ensuring the necessary open spaces for, traffic, utilities, public protection, light, air, recreation and any other community facilities;

5.

Implementing the adopted comprehensive plan;

6.

Allowing for a variety of lot sizes and housing types that fit into the existing neighborhood character and in compliance with the associated Zone District;

7.

Ensuring design that mitigates impacts in natural hazard and flood prone areas;

8.

Protecting the natural and historic resources of the community; and

9.

Encouraging imagination and innovation in the design of subdivisions.

18.05.1.2

Organization.

A.

This chapter is organized into the following sections:

18.05.1 - General Provisions

18.05.2 - Design and Improvement Standards

18.05.3 - Dedications

18.05.1.3

Applicability.

A.

This Article applies to any subdivision of land within the municipal boundaries of the City.

B.

No plat of any subdivision within the application of these regulations shall be entitled to be filed or recorded or have any validity until such plat has been prepared, approved, and acknowledged in the manner prescribed by these regulations.

C.

No building permits shall be issued by PPRBD for the construction or reconstruction of structures upon any land or the addition to any building or structure situated on any land, unless such land has been subdivided and platted in accordance with the procedures set out in these regulations. A whole platted lot is required to comply with this part.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.05.2.1

Lot Standards.

A.

Shape and orientation. The shape and the orientation of lots should be appropriate for the location of the subdivision and for the type of development proposed. The governing factor should be usability of the lot.

B.

Area, lot coverage, and setback dimensions. The minimum area and dimensions of lots shall conform to the requirements of Chapter 18.02, Zone Districts for the district in which the subdivision is located.

C.

Flag lots:

1.

Flag lots shall have at least twenty-five feet of frontage on the public right-of-way or private roadway.

Figure 18.05.2.1-1: Flag Lot Illustration

2.

Individual driveways may be used by two lots, however where three or more flag lot stems front on a public right-of-way or private roadway side by side, a common driveway shall be used.

Figure 18.05.2.1-2: Flag Lot Illustration, Multiple Lots

3.

The front of the parcel for a flag lot is the portion of the lot that is parallel to the primary public right-of-way or private roadway from which the lot is accessed.

D.

Corner Lots. For a corner lot, the front of the lot is defined as the side with primary building entry and both sides abutting a street shall maintain a front yard setback.

E.

Double Frontage Lots. The front of the lot is defined as the side where primary entry is located, and the rear of the lot shall be most opposite the front lot line along the street frontage from which access is not gained.

18.05.2.2

Blocks.

A.

Blocks in residential subdivisions shall not be less than four hundred feet long and not more than one thousand four hundred feet long except where topography and other similar conditions justify variations.

B.

Blocks in commercial and industrial subdivisions shall be designed with the purpose of the lot specifically in mind and with adequate space set aside for off-street parking and loading purposes as required by the LUD.

C.

When blocks exceed one thousand feet in length, a mid-block walkway and/or pedestrian crosswalk of not less than ten feet wide shall be required to provide access to community and other facilities.

18.05.2.3

Remnants of Land.

A.

No subdivision shall create parcels of land that do not meet the standards for a developable lot in the zone district where the property is located, unless those parcels are designated as "tracts" or are to be dedicated to the City for park and open space purposes.

18.05.2.4

Improvement Standards.

A.

Developers' responsibilities. It shall be the responsibility of the developer or subdivider to install the required improvements outlined below in accordance with plans, specifications and data approved by the City Engineer.

B.

Required improvements. Improvements are required according to the following:

1.

Streets. The subdivider is responsible for improving all streets by paving, installing curbs and gutters and sidewalks as per Title 12, Streets and Other Public Places. Before any improvement is installed a grading permit shall be issued by the City Planning Department. If improvements will disturb existing pavement in the public right-of-way, a permit shall be issued by the Public Works Department.

2.

Lot Pins. Lot pins shall be installed at each corner of all lots as required by state law.

3.

Monuments. Monuments shall be placed at all block corners, angle points, points of curves in streets, and at intermediate points as required, and consist of material and at a depth as required by state law.

4.

Stormwater and Drainage. Storm drainage shall be provided for the development by the subdivider based on plans submitted and approved by the City Engineer. All storm drainage improvements shall be designed to withstand a one-hundred-year storm. The developer shall install all storm drainage improvements required per Section 18.03.11 that is supported by a drainage plan and report.

5.

Lot Drainage. The developer shall ensure that all lots drain away from any proposed structures and that such drainage does not interfere with adjoining properties or other lots in the subdivision or does not impede functionality of City infrastructure.

6.

Water Fire Suppression. For all new subdivisions, an adequate water supply for fire suppression services for new buildings shall be provided based on the standards in the adopted International Fire Code.

7.

Utilities. The subdivider shall pay for the design, installation, and construction of all the required electric, gas, water, and wastewater necessary to serve the development. Water and sewer lines shall be installed as per the requirements of Title 13, Utilities, of the Manitou Springs Municipal Code.

8.

Fire Hydrants. Fire hydrants shall be installed at locations and at an interval as required by the International Fire Code and Chapter 15.12 of the Municipal Code.

9.

Dedication of Land for Public Purposes. Land shall be dedicated by the subdivider for parks, schools, open space and other public purposes in accordance with Section 18.05.3.

10.

Cuts and Fills. All cuts, fills and any other area disturbed during construction shall be treated to prevent erosion and sedimentation, whether by planting or other methods, according to an approved grading and erosion control plan as part of a required grading permit. The subdivider shall prepare said plan in accordance with Section 18.06.4.19 requirements for drainage plans and reports and submit it to the planning department for evaluation and approval.

11.

Other Utilities. All other utilities (i.e., electrical, natural gas, cable television, etc.) as necessary shall be installed to service the development. New electrical service, fiber optic lines, telephone lines, or transmission lines shall be provided underground.

18.05.2.5

Improvement Guarantee Standards.

A.

The subdivider shall not install any public improvements, and private improvements, or begin any construction prior to approval of a final plat.

B.

The final plat shall contain the following statement:

1.

"No building permits shall be issued for building sites within this plat until all required fees have been paid and all required public and private improvements have been installed as specified by the City of Manitou Springs, Colorado Springs Utilities or alternatively until acceptable assurances guaranteeing the completion of all required public improvements have been placed on file with the City of Manitou Springs."

C.

Guarantee to install improvements—Required. The subdivider shall furnish a letter of credit, subdivision bond, or evidence of cash held in escrow by the City for all public improvements required along with the Final Plat for final signature prior to recordation. A financial assurance will be required for private site improvements, such as landscaping and irrigation, if Certificates of Occupancy are sought prior to installation. Such assurance shall be determined by a Development Agreement.

D.

Guarantee to install improvements—Amount of surety. The amount of the guarantee for public improvements shall be based on a cost estimate prepared by a registered Professional Engineer and approved by the City Engineer. The amount of the guarantee for private improvements shall be based on a cost estimate prepared by the development plan's Designer of Record. The actual security shall be one hundred twenty-five percent (125%) of the cost estimate reviewed and approved by the City.

E.

Improvement installation timeframe. All required public improvements shall be installed and accepted by the City prior to the issuance of any Certificate of Occupancy or release of held funds.

F.

Guarantee to install improvements—Security release. Subject to the requirements of Section 18.05.2.4, when the required improvements on a plat are completed, the subdivider may apply in writing for a partial or full release of the security. Upon receipt of such application, the City shall inspect the completed improvements to ensure that they have been made in accordance with the plat, any design drawings and the requirements of these regulations. If satisfactory, the security in sufficient amount to cover the cost of the improvements will be released. When all the improvements have been completed, the full security shall be released. If, however, the improvements are not properly installed, the City at its discretion shall have the power to use any of the security held to install the required improvements.

18.05.2.6

Inspection and Dedication of Improvements.

A.

Inspection of underground installations shall be made by the City, or appropriate agency, prior to any backfilling.

B.

Prior to acceptance of streets, drainage facilities and water and sewer mains, the City shall cause the installations to be inspected for compliance with the approved plat and any design drawings. The City shall notify the subdivider in writing of any changes or improvements required for such compliance. The required changes and improvements shall be completed within sixty (60) days of notification, subject to weather conditions.

C.

The City shall then formally accept the installation of any improvements and so notify the subdivider in writing. The subdivider shall be held responsible for any repairs necessary for one year after acceptance.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

18.05.3.1

Purpose.

A.

To ensure that new subdivisions designate sufficient land in appropriate areas for schools, open space, and parks. This land will be dedicated to the City, or at the option of the City, cash will be paid in lieu of dedication.

B.

It shall be the option of the City to evaluate the development and determine which land areas within a particular development are most suitable for the stated public purposes.

18.05.3.2

Applicability.

A.

Existing subdivisions shall be exempt from these requirements.

B.

New subdivisions or re-subdivision.

C.

The proposed land dedication shall further the goals and policies of the Parks, Open Space, and Trails Master Plan.

18.05.3.3

Dedication Amount.

A.

The amount of land to be dedicated shall be based on the following formulas:

1.

Schools. Land shall be dedicated for the purpose of developing schools per the table below:

2.

Parks. Land shall be dedicated for parks and recreation purposes as follows based on gross acreage of the area to be platted or replatted:

3.

Open Space. In addition to the Parks dedication, land shall be dedicated to provide open space on the basis of five percent (5%) of the gross acreage, plus six hundred (600) square feet per dwelling unit, up to a maximum of twenty-five percent (25%) of the gross area.

18.05.3.4

Cash in Lieu of Dedication.

A.

Cash in lieu of dedication shall be paid in the amount of the fair market value of the undeveloped land, but not less than twenty thousand dollars per acre, that would have been dedicated under other circumstances. If fair market value cannot be agreed upon, the subdivider and the City shall each appoint a certified appraiser who shall appoint a third certified appraiser whose fee shall be shared equally by the subdivider and the City. The decision of a majority of these appraisers shall be final and shall be binding on all parties.

B.

Cash paid in lieu of land dedication shall be for the purposes paid either to the school district and/or to the City. Cash in lieu paid to the City shall be used for the acquisition of land for parks and open space or capital improvements and maintenance for existing parks and open space to benefit the general public.

C.

The arrangements for dedication or payment cash in lieu shall be made before the final plat is signed and listed on the final plat.

D.

The dedication of any lands to the City shall require approval by the City Council. For applications that do not otherwise require City Council approval, the dedication portion of the application shall still require City Council approval.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)

A.

Except as otherwise provided by plat note or as provided in any easement granted to the City by separate instrument, the property owner shall be responsible for the maintenance of all easements granted or dedicated to the City, and all easements granted or dedicated to Colorado Springs Utilities for public utilities. Drainage easements that are of major concern to the City shall be maintained by the City.

B.

Utility easements shall be provided in cases of existing utility installations. Where no utilities currently exist standard public utilityeasements shall be provided on both side and rear lot lines, or as determined to be necessary by the City. The utility easements shall generally be a total of six feet along the side lot lines and ten feet along rear lot lines; that is, three feet on each side lot line and five feet on the rear lot line.

C.

Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, either natural or manmade, a drainage easement shall be provided at an adequate width for both water flow and maintenance operations.

D.

Easements may also be required by other public agencies for a variety of purposes. Such items as scenic easements, conservation and public access easements and other methods of protecting the environment may be required by the Planning Director, Planning Commission, or City Council from the developer or subdivider at any point when such easements are necessary.

(Ord. No. 1123, § 1(Exh. A), 10-3-2023)