A.

The subdivision of land is the first step in the process of urban development. The arrangement of land parcels for residential, commercial, industrial, recreational, utility and other public purposes will determine to a large degree the qualities of health, safety, convenience, environment and general welfare of the Town.

B.

This Article is designed, intended, and should be administered in a manner to:

1.

Guide public policy to ensure that public facilities and services are available with sufficient capacity to serve the proposed development and that new development does not burden the Town's fiscal resources;

2.

Encourage well-planned subdivisions by establishing adequate standards for design and improvements;

3.

Promote efficient circulation, logical lot layout, and necessary roadway and pedestrian connections;

4.

Provide for open spaces through the most efficient design and layout of the land;

5.

Secure equitable handling of all subdivision plans by providing uniform procedures and standards;

6.

Improve land survey monuments and records by establishing standards for surveys and plats; and

7.

Safeguard the interests of the public, the homeowner and the applicant for subdivision.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

This Article is applicable to:

1.

All subdivision of land located within the corporate boundaries of the Town;

2.

All land in the process of annexation into the Town; and

3.

All unincorporated land located within three 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. § 31-23-212.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of or by use of a plat of a subdivision before such plat has been approved by the Board of Trustees and recorded or filed in the office of the County Clerk and Recorder shall, upon conviction, pay a penalty of one hundred dollars ($100.00) for each lot or parcel transferred or sold, or agreed or negotiated to be sold. The description of such 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 penalty. The Town may enjoin such transfer or sale or agreement by action for injunction brought in any court of competent jurisdiction and may recover the penalty by civil action any violation of this chapter.

B.

No permits shall be issued for the construction of any building or other improvements requiring a permit, nor shall any certificate of occupancy be granted, for any land for which a subdivision plat is required by this Article, unless and until all requirements of this Article have been complied with.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

The subdivision of land within the Town shall be accomplished by the combined actions of the applicant, the Planning Commission and the Board of Trustees. The function of the Planning Commission is advisory to the Board of Trustees. Only the Board of Trustees has authority to approve a plat for filing, thereby permitting the subdivision, except as specifically authorized herein for staff approval of plat amendments and minor subdivisions.

B.

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

1.

Major Subdivision. The major subdivision process shall consist of three separate phases, sketch plan, preliminary plat and final plat, as provided in Sections 18.02.240, 18.02.250 and 18.02.260 below. The sketch plan phase may be waived by the Director.

2.

Minor Subdivision. The minor subdivision process shall consist of one phase, final plat, as provided in Section 18.02.230 below.

3.

Plat Amendment. The plat amendment process shall consist of one phase, final plat, as provided in Section 18.02.270 below.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022)

A.

Major Subdivisions. 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 five or more new lots, parcels, tracts, spaces or interests or less than five new lots, parcels, tracts, spaces or interests when public infrastructure is proposed or required by this Chapter to be constructed in association with the subdivision.

2.

For purposes of this subsection, "public infrastructure" includes water and sewer mains, drainage facilities, electrical facilities and 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 Director 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 Chapter and all design and constructions standards adopted by the Town of Monument.

B.

Resubdivisions. Resubdivision of a previously approved major subdivision is reviewed in the same manner as a major subdivision with the same purposes. To the extent that submittal information, otherwise required in the major subdivision checklist, 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 Director will determine the technical adequacy of previously submitted information.

C.

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 minor subdivision as specified in the minor subdivision checklist. 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. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

A.

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

1.

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

2.

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

3.

Does not create any new or residual parcels that do not comply with the requirements of this title, zone district regulations or other applicable State or local regulations;

4.

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

5.

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

6.

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

7.

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. For the purpose of interpreting the requirements of these regulations, 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.

C.

Resubdivisions. Resubdivision of a previously approved minor subdivision is reviewed in the same manner as a minor subdivision with the same purposes. To the extent that submittal information, otherwise required in the minor subdivision checklist, 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 Director will determine the technical adequacy of previously submitted information.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

A.

Purpose.

1.

The purpose of the sketch plan review is to evaluate whether a proposed subdivision conforms to the Town of Monument Comprehensive Plan and if it will be compatible with the surrounding neighborhood.

2.

Sketch plan review also provides an opportunity to determine whether a subdivision will comply with the Town's review and approval criteria, and to address any issues of concern early in the review process. The sketch plan is a conceptual version of the preliminary plat showing the general subdivision layout, access, street and lot pattern, location of parks, open space tracts, trail corridors, and other tracts for utilities or services.

B.

Procedure.

1.

Sketch plan review may be required by the Director for large subdivisions, or when a sketch PUD plan is required, or if the Director has preliminarily identified significant issues at the pre-application meeting that need to be evaluated.

2.

If sketch plan review is required, the applicant shall file a sufficient number of copies, as determined by the Director, of the sketch plan application along with any additional information required by the Director. The applicant shall submit all required materials specified in the sketch plan checklist.

3.

The sketch plan application shall be reviewed by the Town in accordance with the Review Procedures Chart set forth in Section 18.01.220.

a.

The Director shall schedule the application for review by the Planning Commission at a public hearing when all submittal requirements have been satisfied.

b.

The Planning Commission shall review the sketch plan submittal to determine if it is consistent with the review and approval criteria and standards set in subsection C. below, and will approve the sketch plan, approve it with conditions, or deny approval of the sketch plan depending on whether it meets the applicable standards.

C.

Review and Approval Criteria. A sketch plan shall comply with the following review and approval criteria:

1.

The sketch plan conforms to the Town's Comprehensive Plan;

2.

The sketch plan proposes a harmonious development and lot pattern that is compatible with the neighborhood and community;

3.

The lot and development pattern ensures there will be adequate light, air, parks, open space, and other spaces for public use;

4.

The sketch plan design provides for adequate access to all lots and tracts proposed in the subdivision; and

5.

Adequate, safe, and efficient public improvements, utilities, community facilities, and public places are available or will be provided with sufficient capacity to serve the subdivision.

D.

Approval Period.

1.

The sketch plan approval is valid for two years from the date of approval by the Planning Commission. The sketch plan is not recorded.

2.

The applicant may make a request to the Director for an extension of the approval period prior to the end of the initial two years. It shall be the applicant's responsibility to ensure the request is made prior to the expiration of the approval period. The Director may grant an extension not to exceed a total of two additional years if:

a.

The sketch plan is consistent with the review and approval criteria;

b.

The sketch plan conforms to the current Town codes; and

c.

There is adequate justification for the extension.

3.

Beyond four years from the Planning Commission approval date, the granting of any additional request for an extension shall be in the sole discretion of the Planning Commission, and shall be based on a finding that:

a.

The sketch plan is consistent with the review and approval criteria;

b.

The sketch plan conforms to the current Town codes; and

c.

There is adequate justification for the extension.

4.

If, after the initial two-year approval period, the time period has not been extended in accordance with this subsection, or a preliminary plat has not been approved, the approval of the sketch plan shall lapse and a new application must be submitted.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

A.

Purpose.

1.

The purpose of the preliminary plat is to provide the Town with an overall master plan for the proposed subdivision.

2.

The preliminary plat is more detailed than the sketch plan and should incorporate the comments and guidance provided during the sketch plan process. It includes the layout of the subdivision with lots, streets, and tracts. A complete subdivision review is conducted, but final engineering design, with all bearings and distances and survey monumentation is not required until the final plat.

B.

Procedure.

1.

Preliminary plat approval is required with two exceptions:

a.

The Director may waive the requirement for 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 is not required; or

b.

The Director may approve concurrent review of a combined preliminary/final plat if it is determined that there are no significant issues that need to be evaluated with the preliminary plat before a final plat is submitted.

2.

If a preliminary plat is required, the applicant shall file a sufficient number of copies as determined by the Director, of the preliminary plat application and any additional information requested by the Director. The applicant shall submit all required materials specified in the preliminary plat checklist. Submittal requirements for a preliminary plat with a concurrent final plat shall be determined at a pre-application conference.

3.

The preliminary plat application shall be reviewed by the Town in accordance with the Review Procedures Chart at Section 18.01.220.

a.

The Director shall schedule the application for review by the Planning Commission at a public hearing when all submittal requirements have been satisfied.

b.

The Planning Commission shall review the preliminary plat submittal to determine if it is consistent with the review and approval criteria and standards set in subsection (C) below, and will recommend approval, approval with conditions, or denial of the preliminary plat or preliminary/final plat depending on whether it meets the applicable standards. The Director shall forward the Planning Commission recommendation to the Board of Trustees.

c.

After reviewing the Planning Commission recommendation and conducting a public hearing on the application, the Board of Trustees will approve, approve with conditions, or deny the preliminary plat or preliminary/final plat depending on whether it meets the review and approval criteria.

C.

Review and Approval Criteria. A preliminary plat or preliminary/final plat shall comply with the following review and approval criteria:

1.

The plat conforms with the Town's Comprehensive Plan; Parks, Trails, and Open Space Plan; and other plans adopted by the Town from time to time;

2.

The plat proposes a harmonious development and lot pattern that is compatible with the neighborhood and community;

3.

The lot and development pattern ensures there will be adequate light, air, parks, open space, and other places for public use;

4.

The plat design provides for adequate access to all lots and tracts proposed in the subdivision;

5.

Adequate, safe, and efficient public improvements, utilities, and community facilities and services will be provided with sufficient capacity to serve the subdivision;

a.

A sufficient supply of water is available and sufficient water rights have been dedicated to the Town or applicable district, in conformance with the applicable district's water standards.

b.

The owners and/or developers of the property will bear the cost of improvements which benefit the land being developed and pay their fair share of any community improvements and/or facilities.

6.

The plat design provides for adequate protection from fire, flood, geologic hazards, significant soil constraints, and other dangers, and provides for proper design of stormwater drainage, erosion control, and streets;

7.

The plat conforms to all applicable provisions of these regulations and any other applicable provisions of the Monument Municipal Code, and all applicable County, State, and Federal Regulations;

8.

The plat design provides for the preservation and conservation of unique or distinctive natural areas, scenic areas and views, natural landmarks, including rock outcroppings and unique landforms, significant wildlife habitats and migration areas, drainage areas, riparian areas, wetlands, historic features and archaeologically sensitive sites, recognizing the irreplaceable character of such resources and their importance to the quality of life in Monument; and

9.

The plat design provides for the preservation and conservation of significant stands of vegetation.

D.

Approval Period.

1.

The preliminary plat approval shall be valid for a period no longer than two years. The preliminary plat is not recorded.

2.

The applicant may make a request to the Board of Trustees for an extension of the approval period prior to the end of the initial two years. It shall be the applicant's responsibility to ensure the request is made prior to the expiration of the approval period.

3.

The Board of Trustees may grant an extension not to exceed a total of two additional years if:

a.

The preliminary plat is consistent with the review and approval criteria;

b.

The preliminary plat conforms to the current Town codes; and

c.

There is adequate justification for the extension.

4.

If, after the initial two-year approval period, the time period has not been extended in accordance with this subsection, or a final plat has not been approved, the approval of the preliminary plat shall lapse and a new application must be submitted.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

A.

Purpose.

1.

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. The final plat shall correspond in every significant respect with the preliminary plat as previously approved.

2.

A complete review is conducted of the final subdivision design, with all bearings and distances, survey monumentation, and certificates of approval included on a document suitable for recordation.

B.

Procedure.

1.

The applicant shall file a sufficient number of copies, as determined by the Director, of the final plat application along with any additional information required by the Planning Commission or the Board of Trustees during the preliminary plat process. The applicant shall submit all required materials specified in the final plat checklist.

2.

The final plat may reflect the entire preliminary plat or any logical part thereof. The applicant may request approval of final plats for portions of an approved preliminary subdivision plat only under the following circumstances:

a.

Submission, with the first phase final plat, of a phasing plan for the entire preliminary plat land area. The phasing plan shall include the date by which the applicant wishes to record final plats for the entire tract, the dates by which infrastructure will be extended to the boundaries of the entire tract, and the approximate number of the proposed final plats and the general location of each phase. Applicants for phased developments shall list the public improvements necessary to fully support each phase in the event subsequent phases are delayed or do not occur.

b.

A Public Improvements Agreement (PIA) shall be required prior to the recordation of each final plat. The PIA required improvements, and collateral associated with those improvements, shall be subject to Town approval in the same manner as required by Section 18-02-410, and the schedule for completion of said improvements shall be within one year of execution of each PIA.

c.

The Town may condition a phasing plan on the submission of an agreement to dedicate easements or rights-of-way.

d.

Prior to acting on the first final plat, the Planning Commission and Board of Trustees must find that the final plat phasing plan will not impede the orderly growth of public services and infrastructure necessary to efficiently serve each individual phased plat and the entire land area included within the preliminary plat approval.

3.

The final plat application shall be reviewed by the Town in accordance with the Review Procedures Chart at Section 18.01.220.

a.

The Director shall schedule the application for review by the Planning Commission at a public hearing when all submittal requirements have been satisfied.

b.

The Planning Commission shall review the final plat submittal to determine if it is consistent with the review and approval criteria and standards set in subsection C. below, and will recommend approval, approval with conditions, or denial of the final plat depending on whether it meets the applicable standards. The Director shall forward the Planning Commission recommendation to the Board of Trustees.

c.

After reviewing the Planning Commission recommendation and conducting a public hearing on the application, the Board of Trustees will approve, approve with conditions, or deny the final plat depending on whether it meets the review and approval criteria.

d.

Pursuant to Colorado Revised Statutes (C.R.S.), a vote of not less than two-thirds of all the members of the Board of Trustees is required to reverse a decision by the Planning Commission concerning any of the following matters:

i.

The location, character, and extent of any street, square, park or other public way, ground or open space, public building or structure, or publicly or privately owned public utility proposed to be constructed or authorized in the Town, or in any sections or districts of the Town for which a master plan has been adopted, as set forth in C.R.S. § 31-23-209;

ii.

The acceptance of any street not shown on or not corresponding with a street on the official master plan or on any approved subdivision plat or an approved street plat, as provided in C.R.S. § 31-23-217; or

iii.

A plat of an area or district which has been surveyed for the exact location of the lines of a street in any portion of the territory within its subdivision jurisdiction or any major section or district thereof, showing the land which the Planning Commission recommends be reserved for future acquisition for public streets, as set forth in C.R.S. § 31-23-220.

C.

Review and approval criteria. A final plat shall comply with the following review and approval criteria:

1.

The plat conforms with the Town's Comprehensive Plan; Parks, Trails, and Open Space Plan; and other plans adopted by the Town from time to time;

2.

The plat proposes a harmonious development and lot pattern that is compatible with the neighborhood and community;

3.

The lot and development pattern ensures there will be adequate light, air, parks, open space, and other places for public use;

4.

The plat design provides for adequate access to all lots and tracts proposed in the subdivision;

5.

Adequate, safe, and efficient public improvements, utilities, and community facilities and services will be provided with sufficient capacity to serve the subdivision;

a.

A sufficient supply of water is available and sufficient water rights have been dedicated to the Town or applicable district, in conformance with the applicable district's water standards.

b.

The owners and/or developers of the property will bear the cost of improvements which benefit the land being developed and pay their fair share of any community improvements and/or facilities.

6.

The plat design provides for adequate protection from fire, flood, geologic hazards, significant soil constraints, and other dangers, and provides for proper design of stormwater drainage, erosion control, and streets;

7.

The plat conforms to all applicable provisions of these regulations and any other applicable provisions of the Monument Municipal Code, and all applicable County, State, and Federal Regulations;

8.

The plat design provides for the preservation and conservation of unique or distinctive natural areas, scenic areas and views, natural landmarks, including rock outcroppings and unique landforms, significant wildlife habitats and migration areas, drainage areas, riparian areas, wetlands, historic features and archaeologically sensitive sites, recognizing the irreplaceable character of such resources and their importance to the quality of life in Monument;

9.

The plat design provides for the preservation and conservation of significant stands of vegetation; and

10.

The final plat is generally consistent with the preliminary plat, as applicable.

D.

Signatures and Recording. Following the approval of the final plat by the Board, and compliance within the time limits, with any conditions of that approval, the plat shall be signed by the Mayor and attested by the Town Clerk. The applicant shall then record the final plat in the office of the El Paso County Clerk and Recorder and file a recorded copy of the plat with the Town Clerk. Recording fees shall paid by the applicant.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

A.

Purpose. Plat amendments are necessary subdivision actions to the extent that:

1.

Lot lines need to be relocated as part of a boundary line adjustment;

2.

Lots need to be merged as part of a lot consolidation; or

3.

Errors need to be corrected on an existing approved subdivision plat.

B.

Procedure.

1.

The applicant shall file a sufficient number of copies, as determined by the Director, of the plat amendment application along with any additional information required by the Director. The applicant shall submit all required materials specified in the plat amendment checklist.

2.

The plat amendment application shall be reviewed by the Town in accordance with the Review Procedures Chart set forth in Section 18.01.220. The Director shall approve, approve with conditions, or deny the plat amendment application, depending on whether it meets the review and approval criteria set in subsection C below.

3.

If comments are received that express concerns or opposition to the plat amendment application, the Director may schedule the application for hearings before the Planning Commission and Board of Trustees.

C.

Review and Approval Criteria. A plat amendment shall comply with the following review and approval criteria:

1.

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

2.

The plat amendment will not result in any lot that does not comply with zoning requirements;

3.

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

4.

The requirements of any utility companies serving the property have or will be satisfied and any required utility easements are properly maintained or granted in the deed(s) effecting the plat amendment); and

5.

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

D.

Signatures and Recording. Following the approval of a plat amendment, the plat shall be signed by the Director and the Mayor and attested by the Town Clerk. The applicant shall then record the plat at the office of the El Paso County Clerk and Recorder and file a recorded copy of the plat with the Town Clerk. Recording fees shall paid by the applicant.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 15-2022, § 1(Exh. 1), 8-15-2022; Ord. No. 16-2022, § 1, 9-19-2022; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

A.

General. Any plat (or portion thereof), public right-of-way, or easement may be vacated upon petition by the owner of the property and approval by the Board of Trustees.

1.

A plat vacation may occur at any time before the sale of any lots. Once lots have been sold, al lot owners must consent to the proposed vacation.

2.

Public right-of-way and easement vacation proceedings shall be in compliance with C.R.S. §§ 43-2-302 and 43-2-303.

3.

The Board of Trustees may approve a vacation petition on such terms and conditions as are reasonable to protect public health, safety and welfare.

B.

Procedure.

1.

A plat or right-of-way vacation application shall be reviewed by the Town in accordance with Section 18-1-220.

a.

Vacation by plat: In the event the vacation petition is accompanied by a plat application, the vacation may take place as a part of the plat approval.

b.

Vacation by ordinance. In the event the vacation petition is for a right-of-way or easement and is not accompanied by a plat application, the Board of Trustees shall act to approve the vacation by ordinance.

2.

The applicant shall submit all required materials specified in the plat vacation checklist.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

A.

The purpose of the public dedication requirement is to provide public facilities and/or services made necessary as a consequence of a subdivision, in an amount roughly proportional to the impact of the subdivision upon such facilities and/or services or the increased need for them brough about by a subdivision. New residential subdivisions require services provided through municipal facilities which are constructed, in part, through dedication of land necessary to construct the facilities. Absent land dedication by new subdivisions, sufficient land may not be made available at the time of subdivision to provide necessary services to new residents. In order to provide public services, the Town requires certain dedications of land or, in the appropriate circumstances, payment of fees-in-lieu of such dedication. It is the purpose of this Article that new developments pay its proportionate or pro rata share of the costs attributable to the new growth, thereby relieving the public generally from subsidizing the cost of improvements and facilities attributable to new development.

B.

It is the intent of this Article to preserve natural and scenic areas and provide for the public health, recreational, and educational needs by ensuring that school, recreational, and open space land and trails are available to the residents and/or employees of developments in conformance with the Town of Monument Comprehensive Plan, the Town of Monument Parks, Trails, and Open Space Master Plan, and Title 18 of the Town of Monument Code as they may be updated from time to time. This shall include that parks, trails, and open space will conform to the goals and policies and meet the adopted standards of the Plan, including park sizes, facilities, and service radii.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

The amount, location, and nature of land interests to be dedicated shall be established prior to final subdivision plat approval. Land dedications and/or conveyances shall be made as a condition of final plat approval and shall be implemented in one of the following ways, as appropriate and as provided in the final plat approval:

1.

A fee simple dedication to the Town granted via plat note on the final plat;

2.

A fee simple conveyance to the Town granted via general warranty deed;

3.

A fee simple conveyance to a homeowners' association granted via warranty deed for open space, if approved by the Town;

4.

A fee simple dedication to the school district of a school site via plat note on the final plat;

5.

A fee simple conveyance to the school district via general warranty deed; and/or

6.

Payment of fees-in-lieu of land dedications where permitted and approved by the Town.

B.

Whenever a subdivision application involves land that is to be dedicated and/or conveyed to the Town, the applicant shall submit, with the final plat application, a title insurance commitment indicating the land is owned by the applicant free and clear from all liens, encumbrances and restrictions. Title insurance shall be provided by the applicant in an amount equal to the approximate value of the property to be dedicated and/or conveyed, as approved by the Town. The executed deed, if applicable, and the payment of the premium for the title insurance policy shall be delivered to the Town prior to the recording of the final plat.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

General Requirements. Every approved subdivision shall convey to the Town, land for the purpose of providing parks, open space, trails, school sites, and other public uses. The standards herein are minimum standards and the Board may require dedications and improvements greater than the minimum to adequately meet the needs created by the development. The Board of Trustees, in consideration of the recommendations of the Planning Commission, will determine the suitability of the land and improvements proposed for dedication in providing for the intended purpose of the dedication. The location of dedication required shall be mutually agreed upon by the Town and the applicant. The Town may consider recommendations from other agencies which would be directly involved in the development and service of those areas. Parks, open space, and trails shall be dedicated to the Town in conformance to the requirements herein and the adopted standards of the Town of Monument Parks, Trails, and Open Space Master Plan, as may be updated from time to time.

B.

Improvement Required. Any land to be dedicated shall be improved by the applicant per the timetable specified at time of subdivision approval for use as park, open space, and/or trails.

C.

Water Rights. Land dedication shall include the real property together with all tributary, non-tributary, and not non-tributary water rights owned by the applicant as a consequence of ownership of the dedicated property, well rights, ditches and ditch rights appurtenant to the property, mineral rights and all improvements thereon.

D.

Park Land Standards. Dedication of land for park, open space, trail, and/or other public purposes shall be based upon the following standards. In the event the applicant disagrees with the calculation provided by the Town, the applicant may request continuation of final plat review and fund an independent study under Section 18.02.370.

1.

Commercial/Industrial Use. The standard for park dedication shall be 0.05 acres for each gross acre of commercial/industrial use land. Such land shall be developed for active and/or passive recreational use by employees or patrons of the development such as picnic areas, plazas or pavilions and shall not include detention ponds unless the pond is specifically improved for recreational and/or open space use. Areas which satisfy the minimum landscape requirements of the development shall not be counted as open space.

2.

Residential Use. The park standard for dedication shall be five acres per one thousand (1,000) projected population in conformance with the Town of Monument Parks, Trails, and Open Space Master Plan. The projected population shall be based upon the average of the population yield per dwelling unit of all types of residential dwelling units. Based upon the US Census Count, the average yield is 3.04 persons per dwelling unit. Parks should, if feasible, be located adjacent to schools and conform to the Service Area/Location Criteria in the Town of Monument Parks, Trails, and Open Space Master Plan.

3.

Evaluation Considerations. Factors to be used in evaluating the adequacy of proposed park areas shall include, but are not limited to, the suitability of the land for active and passive recreational facilities, based on size, shape, topography, soils and geology, vegetation, access, location, and the needs of the population to be served. No park land dedication for the satisfaction of the minimum acreage of five acres per thousand (1,000) population shall be located within the 100-year flood plain boundary, wetlands, or Preble's Meadow Jumping Mouse Habitat, unless this requirement is expressly waived by the Board of Trustees. Any park land to be dedicated that is located within a detention pond must be specifically designed to function as recreational, open space, or trail use under normal environmental conditions.

E.

Trail Standards.

1.

Trails shall be dedicated as needed to serve the recreational and transportation needs of the subdivision in conformance with the Parks, Trails, and Open Space Master Plan, and shall provide links to schools, the local and regional trail system, parks and open space areas, commercial and employment areas, public transit, community facilities such as libraries, and other destinations. Trails should be provided adjacent to or within natural and scenic areas and open space areas when possible, in a manner that provides a recreational corridor without degrading the natural or scenic resource.

2.

Safe routes shall be provided within the development to schools, parks, recreational and fitness centers, employment areas, public transit and links to other local and regional trails, sidewalks, and bike lanes for multi-modal commuting.

3.

Trails must be dedicated in corridors suitable for trail development, and shall generally be outside 100-year floodplains, wetlands, and/or Preble's Meadow Jumping Mouse Habitat, unless written documentation is provided from the appropriate authority, such as the U.S. Fish and Wildlife Service, that a trail may be developed in such an area. Trails must be provided for the transportation and recreational needs of residents and serve a different function than parks, and are therefore, not credited toward the minimum park dedication requirements.

F.

Open Space Standards.

1.

Open space shall be dedicated as necessary to preserve significant natural areas such as buttes, bluffs, and other geologic formations, water bodies/resources, wildlife habitat areas, fragile ecosystems (wetlands) riparian areas, floodplains, native trees and shrubs and/or other significant native vegetation. Open space shall also be dedicated as necessary to preserve lands which preserve significant views, provide transitions between different densities and uses (buffers) and otherwise serve to give shape and form to the proposed development and surrounding community.

2.

Open space dedications may include land within the 100-year flood plain boundary, wetlands, detention areas, and/or Preble's Meadow Jumping Mouse Habitat, and other undevelopable areas such as steep slopes, rock outcroppings, etc. Open space dedications shall not be counted toward the minimum active park land dedication requirements of this Article as the function of open space is as outlined above.

3.

Factors to be used in evaluating the need for open space dedications shall include the preservation of significant natural features and resources in a development such as wildlife habitat, native vegetation and especially trees and shrubs, and scenic features such as rock formations and view corridors while allowing reasonable development of the land. Public access is not required for open space dedications.

G.

Maintenance Standards. Provisions for adequate maintenance for parks, open space, and trails must be made at the time of dedication. The subdivision plat or other dedication instrument shall indicate the entity that will own and be responsible for maintenance. Land dedicated for open space shall be maintained by a metropolitan or special district or other entity approved by the Board of Trustees, and shall not be maintained by the Town unless the Board of Trustees specifically approves the maintenance of an open space area.

H.

Park Fee Fund. A fund shall be established for use in providing for the acquisition of park lands by the Town. Fees collected shall be deposited within the park fee fund and shall be used for the purchase of land for parks and/or development of parks or capital improvements to parks. Interest earned on park fees and/or development thereof shall remain within the park fee fund and shall be used solely for the purposes set forth in this Article; provided, however, that such earned interest may be used by the Town to provide for necessary and required minimum levels of annual maintenance of the properties until their development as parks.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Where private open space for park and recreational purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, homeowner's association, or a special district, for the mutual use and benefit of the residents, a portion of the land area not to exceed fifty (50) percent of the land dedication requirements may be credited against the requirement set forth in Sections 18.02.330, provided the Board of Trustees finds that it is in the public interest to do so, and that the following standards are met and cited as findings of fact:

1.

That such open space, park or recreational purpose is perpetually protected and maintained by enforceable instruments duly recorded in the public records of El Paso County, and maintenance of the land is adequately provided for by written agreement;

2.

That the proposed land area is reasonably usable for park and recreation purposes;

3.

That the facilities proposed for the land area are in substantial accordance with the provisions of this regulation and are approved by the Board;

4.

That the facilities proposed conform to and/or complement the Town Comprehensive Plan and Parks, Trails, and Open Space Master Plan.

B.

The Town may grant up to one hundred (100) percent credit toward the requirements herein for the dedication of parks, open space, and/or trails to a metropolitan or special district or other entity, provided that the park(s), and trail(s), shall be open for use by the public in perpetuity, and the Town has determined that the entity has adequate funding and the ability to maintain the same.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

In the rare event when the dedication of required park, open space, and trail lands is not deemed suitable or not in the public interest within the development, generally due to the small size or number of units in the development, the Board of Trustees shall require the applicant, in-lieu thereof, to pay the Town a fee-in-lieu-of land based on the amount of required land dedication as calculated in Section 18.02.330.B above, and pro-rated using the average value of land in the Town plus the cost per acre of constructing the improvements for that type of facility. Such fee may be updated from time to time to reflect current market land values and costs of the improvements, and shall be adopted by Resolution and included in the Town's fee schedule.

B.

Alternatively, and if approved by the Board of Trustees, the applicant may develop or contribute to the improvement of an off-site facility if said facility conforms to the adopted standards in the Parks, Trails, and Open Space Master Plan. Nothing contained herein shall be construed to prevent the Board from requiring that part of the park land dedication requirement be made in the form of dedicated land, and that part of such requirement be made in the form of cash in-lieu of the remaining requirements for such land.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

As an alternative means of satisfying the required dedication of land within a subdivision, an applicant may offer to the Town a substitute dedication of land of equivalent size owned by the applicant that is located outside of the proposed subdivision; provided, however, that such land meets the criteria of Section 18.02.310 (Purpose)and 18.02.330 (Land dedication standards). Nothing herein shall obligate the Town to accept such substitute dedication. The Town shall not accept any substitute dedication located more than three miles from the Town boundary existing at the time of subdivision.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

In the event that the applicant disagrees with the Town's determination concerning dedication of land and/or payment in lieu of dedication, the applicant may request a continuation of any subdivision processing and review by the Town, and applicant may prepare a study evaluating the demand for public facilities made necessary or generated by the proposed development. Such study shall be undertaken at the applicant's cost by a licensed professional engineer or other professional approved in advance by the Town. To the greatest extent possible, the study shall include an evaluation of the Town's present supply or capacity and present demand for all public facilities and/or services required by the proposed development. The study shall identify and quantify the additional demand placed upon such public facilities and/or services by the proposed development. The study shall identify the necessary public land and improvements required to be dedicated or constructed by the applicant in order to serve the demand generated by the proposed development. Such study shall be considered by the Town in determining the required dedication of land.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Based upon conversations with both the Town staff and School District Staff during the pre-application phase of any project at the time of filing a sketch plan or preliminary plat for approval, the applicant shall, as part of such filing, either:

1.

Designate the general area or areas the applicant proposes to set aside for a school site(s) and shall indicate the number of acres proposed for such uses and the number of proposed dwelling units in the development; or

2.

Request waiver of the requirement to provide for school land dedication. A waiver and approval of payment of cash in-lieu of land may be granted by the Board of Trustees when it can be documented that the calculated acreage dedication is not sufficient to generate an entire school site, generates the need for slightly more acreage than is needed for a school site, or a site for a larger, upper grade level school is needed. A waiver may also be granted if it is documented and agreed upon by the School District that no school children will be eligible to live in the units, such as in "senior citizen only" apartments where children are not allowed. If the use of the units changes in the future and children could reside in the units, then the School District shall be entitled to receive cash in-lieu of land payment from the residential unit owners in conformance with this Article.

B.

The preliminary plat and final plat of a proposed subdivision shall designate the specific areas proposed for use as school sites, the number of acres so designated, and the proposed number of lots by dwelling unit type in the subdivision; or, the waiver of this requirement and agreement to provide cash in-lieu-of land; or a plat note indicating that no children will be generated by the development.

C.

School sites dedicated through this procedure shall conform to the school site size requirements and site criteria policy adopted by the School District and incorporated herein by this reference.

D.

Determination of School Land Dedication. If the Board of Trustees determines that the dedication of land for school purposes is appropriate, then the applicant shall convey the property and all improvements located thereon in the manner permitted by Section 18.02.320 to the School District at the time of recording of the final plat. Concurrently, the applicant shall convey all tributary, non-tributary and not non-tributary water rights owned by the developer as a consequence of ownership of the dedicated property, water rights underlying the property, well rights, ditches and ditch rights appurtenant to the property, and mineral rights by warranty deed to the Town with the recording of the final plat.

E.

Fees in-Lieu of Land or Guarantee of Future Land Dedication. When, after recommendation of the School District, dedication of all or portions of required school lands is not deemed feasible or in the public interest, the School District may recommend to the Board of Trustees one of the following options:

1.

Guarantee of future land dedication may be requested by the School District when dedication of all or portions of required school lands within the subdivision or project is not deemed feasible or in the public interest. Prior to final plat approval, the applicant, the School District, and the Board of Trustees may enter into a written agreement in which the applicant guarantees the future dedication of land for school sites at a mutually agreed upon location. The current owner(s) of the site(s) and the guarantor, who shall provide proof of ownership, shall execute this agreement. The agreement shall include a legal description of the property to be dedicated, and the dedication shall be concurrent with recordation of the first final plat of the subdivision, unless the parties agree to stipulate a different timing of the dedication. The agreement shall be recorded with the office of the Clerk and Recorder of El Paso County. The agreement shall be binding upon the applicant's heirs, legal representatives, successors in interest and assigns.

2.

Fees in-lieu of land. When, after recommendation of the School District, dedication of all or portions of required school lands is not deemed feasible or in the public interest, the Board shall require the payment of fees in-lieu thereof except as indicated below.

F.

School Fee Fund. A fund established for use of providing for the acquisition of school lands by the Town. Fees collected shall be deposited into the school fee fund. From time to time, the School District may request that revenue deposited in the school fee fund be transferred to the School District account for use in accordance with this Chapter. Transfer of any revenue with documentation, including building permits and school fees collected, shall occur not less than annually and shall include any interest earnings accrued. Funds shall be used as provided by school statute [C.R.S. § 22-45-103(1)(c)].

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

The Town may waive the required dedication of land or the payment in lieu of dedication required by the open space, parks, and trails in the following cases:

1.

When the project has already been fully developed and the subdivision of land is necessary to bring the land into conformance with the as-built or as-constructed development;

2.

When the development does not result in any increase in demand for parks, trails, or open space; or

3.

With respect to school land dedication, the School District approves a waiver request under Section 18.02.380.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The purpose of this Article is to establish and govern the manner in which public improvements required to serve the subdivision shall be built, inspected, and guaranteed. The requirements in this Article are separate and apart from the requirements for land dedication in Article 3 of this Chapter. The applicant shall be required to complete all public and private required improvements as specified in these regulations and as provided on the final plat and all supplemental plans and documents, including construction drawings and specifications, approved by the Town (the "Final Plat Documents"). As a condition of approval of any final plat or site plan, the applicant and the Town shall agree on the type, location and extent of all required improvements, depending on the characteristics of the proposed development and its relationship to the surrounding are. Failure to reach agreement on all such matters shall be grounds for denying approval of the final plat or site plan. All required improvements shall be constructed at the applicant's expense, in accordance with Chapter 18.05, Development Standards.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Before any construction or building permit is issued and as a condition of l site plan or final subdivision plat approval, and prior to recordation of a plat, the applicant and Town shall enter into a public improvement's agreement (the "PIA"). The PIA shall identify the public improvements, including necessary regional facilities, required to be constructed to support the provision of municipal and/or district public utilities and services to the subdivision, and shall provide assurances that the necessary public improvements will be constructed to established standards in a timely manner. The Director may waive the PIA and public improvements security required by Section 18.02.420 if he or she determines that only minimal public improvements are required.

B.

The PIA will provide to the Town whatever it deems necessary to assure that: (a) the proposed facilities will be constructed as proposed; and (b) the future operation and maintenance of the facilities are properly provided for both as to and funding. Such agreement may require approval of covenants, security, or any other method of assurance required by the Town and approved by the Director and the Town Attorney prior to recordation of the subdivision plat and/or release of any permit. Other agreements or contracts setting forth the plan, method and parties responsible for the construction of required improvements may also be required.

C.

The agreement shall be recorded in the office of the County Clerk and Recorder by the applicant and file a recorded copy of the PIA with the Town Clerk. Recording fees shall paid by the applicant. The PIA. shall run with the land and bind all successors, heirs, and assignees of the applicant.

D.

The Director may in his or her discretion issue construction permits for model homes or sales offices only, but which shall not be occupied for residential purposes, and to permit the construction of foundations, but not structures in all other instances (other than model homes), prior to one or more of the improvements required by Section 18.02.415 being installed, based upon a determination that adequate vehicular and emergency access can be provided.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021; Ord. No. 08-2023, § 2(Exh. B), 4-17-2023)

A.

Prior to the issuance of any construction permit, the Town will require, at a minimum, that the following enumerated improvements have been completed. See Development Standards Chapter 18.05.

1.

Survey Monuments. Survey monuments as required by the Town.

2.

Sanitary Sewers. The applicant shall provide adequate service lines to each lot in such a manner that street and sidewalk cuts will not be required in order to connect. Specifications are available at the Planning Department. See Section 18.05.170.

3.

Water Mains. The applicant shall provide adequate mains, valves and service lines to each lot in such a manner that street and sidewalk cuts will not be required in order to connect. The applicant shall follow the Water Vitality Policies and Standards of the Triview Metropolitan District Design Criteria and Construction Specifications Manual, available at the Planning Department. See Section 18.05.160.

4.

Fire Hydrants. Fire hydrants shall be located in conformance with the adopted fire code for the fire district where the property is located.

5.

Storm Drainage. The applicant shall provide storm sewers, water quality facilities, culverts, bridges, and other flood and runoff control structures to applicable Town specifications.

6.

Streets and street signs. Signs shall be approved by the Public Works Department Director. Streets shall be graded and base construction completed to Town specifications.

7.

Public Pedestrian Facilities. Sidewalks, trails, and assisted lighting.

B.

Construction of improvements to be under supervision of the Town. All sidewalks, curbs or gutters repaired or built within the Town shall be done in accordance with the Town of Monument Roadway Design and Criteria Manual, latest version and under the supervision of the Planning Department and/or the Town Public Works Department. See Sections 18.05.125 and 18.05.130.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Suitable collateral to ensure the completion of required improvements, as stipulated in the PIA, shall accompany the final plat submission. The estimated cost of improvements shall be certified by a licensed Colorado Professional Engineer. The performance guarantee shall be no less than one hundred twenty-five (125) percent of the estimated costs of all subdivision improvements or certified PIA. The performance guarantee shall be in the form of a letter of credit, cash deposit or other such legal assurance as may be approved by the Board of Trustees. After preliminary acceptance, and with approval of the Board of Trustees, the performance guarantee may be reduced to an amount not less than twenty (20) percent of the initial performance guarantee to guarantee performance during the warranty period.

B.

No performance guarantee drawn upon a company, bank or financial institutional having any relationship to the applicant or any principal, director, officer, or shareholder of the applicant (other than the relationship of depositor or checking account holder) shall be acceptable. The Town may reject any security for any reason.

C.

If the performance guarantee is provided in the form of a letter of credit or deposit arrangement that includes an expiration date, the applicant shall provide evidence of extension of such expiration or replacement of equivalent collateral in a form acceptable to the Town. Failure to provide proof of such extension or replacement guarantee no later than thirty (30) days prior to the date of expiration shall be cause for the Town staff to draw on the collateral funds without the necessity of any notice of default or other notice to the applicant. Funds withdrawn in this manner may be expended as necessary to correct, repair and/or construct the required improvements or may be released upon provision of a replacement guarantee in a format acceptable to the Town.

D.

The Town shall have the right to draw on the security for the purpose of restoring and remediating any site disturbance and/or constructing or completing construction of any public improvements if the Town determines that the developer has not timely completed the improvements and/or has not satisfactorily completed the improvements, and/or properly restored the site in accordance with the civil construction plans (CD's) for the subdivision plat or site plan. However, the Town shall not be obligated to undertake such action if it has determined, for good cause, it is inadvisable to do so.

E.

Upon expiration of the warranty period(s) and as soon thereafter as the Town has granted final acceptance of the Improvements (the final acceptance of the improvements by the Town following a satisfactory final inspection at which time the warranty period ends), the balance of the security, without compounded interest, for the improvement(s) (or phased improvements, if applicable) shall be refunded or released to developer.

F.

The security for the improvements must be provided to the Town prior to and as a condition of the issuance of any construction permits, or recordation of the plat, whichever comes first.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

The time allowed for the completion of required improvements shall be as provided in the PIA or, if no time for completion is specified for some or all required improvements, such improvements shall be completed within two years from the recording date of the final plat or issuance of site plan approval, whichever is applicable. The Board of Trustees may extend such time for completion upon request from the applicant, for good cause shown.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

Inspection and preliminary acceptance of a portion of the required improvements in one or more phases of construction shall occur only if specifically provided for in the PIA, or as determined appropriate by Town staff, at its discretion. Otherwise, all required improvements shall be completed before preliminary acceptance will be granted. Any proposed phasing must be logically related to the project as a whole and allow for the efficient integration of the phased required improvements into the Town's infrastructure. The Town staff may require adjustments in previously approved phasing schedules when deemed necessary to accommodate changed conditions or unforeseen circumstances.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

No lot shall be conveyed until such time as the public improvements have received initial acceptance (approval of the improvements following a satisfactory inspection) by the Town and/or special district for maintenance for the phase in which the lot is located, in accordance with the approved phasing plan for the subdivision, if applicable.

B.

Those items not required for preliminary acceptance may, in the discretion of the Town staff, include lighting, striping of streets, public and private revegetation, landscaping, trails and associate lighting, and public recreation facilities. Upon completion of all required improvements or an approved phase of required improvements, the applicant shall notify the Town in writing and request an inspection of the completed improvements. Prior to the inspection, the applicant shall provide to the Town the following documentation:

1.

Adequate assurance by a registered engineer, licensed in the State, that the required improvements have been constructed and completed in accordance with the approved plans and specifications.

2.

As-built drawings for the required improvements, in accordance with Chapter 18.05 of this Code.

3.

All test reports and logs required by the plans and construction drawings and applicable regulations and construction standards.

4.

An original affidavit or affidavits identifying all contractors, subcontractors and materialmen who supplied labor or materials for the improvements and verifying that all have been paid, together with a lien waiver from each such contractor, subcontractor and material supplier acknowledging payment and waiver of any lien rights for all work completed prior to the date inspection and preliminary acceptance is requested, subject to any retainage withheld from the contractor or supplier during the warranty period pending final acceptance.

C.

Inspection and Preliminary Acceptance.

1.

Upon satisfaction of the requirements of this Section and subject to satisfaction of any additional requirements provided in the PIA, the Town staff or designated consultants shall inspect the completed improvements within fifteen (15) business days of the applicant requesting said inspection. If the Town's staff or designated consultant finds that the specified improvements have been completed substantially in accordance with the plans and other requirements of the PIA and these regulations, the Town staff shall issue a letter evidencing preliminary acceptance within fifteen (15) business days after the inspection date.

2.

The Town shall not be required to make inspections during any period when climatic conditions interfere with making a thorough inspection, as determined by the Town representative making the inspection.

3.

If, upon inspection of the completed improvements, the Town staff or designated consultant finds that any of the improvements have not been completed substantially in accordance with the plans and other requirements of the PIA and these regulations, the Town staff or designated consultant shall issue a written notice of deficiencies within fifteen (15) business days after the inspection specifying which improvements have not been completed substantially in accordance with the plans and other requirements of the PIA and these regulations.

4.

All deficiencies must be corrected within fifteen (15) business days of the receipt of the notice of deficiencies. Such time limit may be extended if the Town determines that such deficiencies cannot reasonably be remedied within that period. The applicant shall then notify the Town in writing and request a follow-up inspection of the improvements, and the foregoing provisions of this Paragraph C shall be applicable.

D.

Preliminary acceptance of all or any portion of the required improvements does not constitute a waiver by the Town of the right to draw on the collateral security to remedy any defect in or failure of the required improvements that is detected or which occurs after acceptance of the required improvements, nor shall such acceptance operate to release the applicant from the applicant's warranty as herein provided.

E.

Upon preliminary acceptance, the Town will assume responsibility for the operation of all public water, sanitary sewer and storm water improvements, if applicable, and for snow removal on accepted public streets. At the Town's discretion, it may elect not to plow any accepted public streets until there is development on individual lots that warrants access.

F.

Final acceptance shall take place within one year after preliminary acceptance, which period may be extended by Town staff for up to one additional year. Building permits may be issued for construction within the subdivision prior to preliminary acceptance. Until the public improvements are accepted by the Town, or other entity approved by the Town, the Town shall not be obligated to recommend issuance of any certificates of occupancy for private improvements within the subdivision.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Warranty. The warranty period for streets, curbs, gutters, sidewalks, trails, potable water distribution systems, sanitary sewer distribution systems, drainage, and associated grading, and erosion control systems and all of their appurtenances, shall be two years from the date the Town issues the preliminary approval of the installed improvements. The warranty period for landscape and irrigation shall not be less than two full growing seasons. The warranty period for all other improvements shall be one year from the date of preliminary approval. No warranty period will expire until such final acceptance, notwithstanding the fact that such period would have otherwise expired by the passage of time.

B.

Notice of Default; Cure Period. Except as provided in subsection (C) below with respect to emergency repairs, the Town shall provide written notice to the developer if an inspection reveals that any improvement is defective. The developer shall have fifteen (15) days from the giving of such notice to remedy the defect. This time limit may be extended if the Town determines that such defect cannot reasonably be remedied within the fifteen (15) day period. In the event the developer fails to remedy the defect within the fifteen (15) day period or any extension thereof, the Town may utilize the collateral security to correct the defect or exercise any other remedy provided in the PIA. No notice shall be required with respect to emergency repairs except as provided in subsection (C) below.

C.

Emergency Repairs. If at any time it appears that the improvements may be significantly damaged or destroyed as a result of a bona fide emergency, an act of God or due to construction failure, the Town shall have the right, but not the duty, to enter upon the property and perform such repairs and take such other action as may be reasonably required in the Town's judgment to protect and preserve the improvements. The Town shall have no duty to inspect the property to identify emergency situations which may arise. Prior to or concurrent with, or immediately following, taking any action pursuant to emergency repairs, the Town shall make a reasonable effort to locate the developer and advise of the existence and nature of the emergency. Upon written demand, the developer shall reimburse the Town for the costs of such emergency repairs. Failure of the applicant to reimburse the Town for the costs of such emergency repairs within fifteen (15) days after demand shall constitute a default under the PIA.

D.

Final Inspection. Approximately sixty (60) days prior to the expiration of the warranty period, the Town shall notify the applicant in writing and schedule a final inspection/walkthrough.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

Final acceptance of the required improvements by the Town requires formal action by the Board of Trustees, after all required improvements have been completed, inspected and certified for final acceptance by Town Staff. Final release of the performance guarantee requires additional formal action by the Board of Trustees. The Town shall not be required to finally accept any of the required improvements until the Board of Trustees determines that:

1.

All required improvements have been satisfactorily completed in accordance with the approved plans and specifications and have been preliminarily accepted by the Town.

2.

All warranty periods provided for in these regulations and the PIA have ended and any defects found during inspection of the required improvements have been satisfactorily remedied by the applicant.

3.

The applicant has provided, and the Town has review and approved, all conveyance documents required pursuant to these regulations and the PIA;

4.

The applicant has provided an original affidavit or affidavits identifying all contractors, subcontractors and materialmen who supplied labor or materials for the improvements and verifying that all have been fully paid, together with an original unconditional lien waiver from each such contractor, subcontractor and material supplier acknowledging full payment and waiver of any and all lien rights. The final twenty (20) percent of the initial performance guarantee posted under Section 18.02.420 shall not be released until the Town receives said affidavits and unconditional lien waivers; and

5.

All other applicable requirements contained in these regulations, the Town's design and construction standards and the PIA have been satisfied.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

Acceptance. At the end of the warranty periods and upon final acceptance of the improvements, the Town or the relevant metropolitan district will assume all future repair and maintenance responsibilities with respect to the accepted public improvements, if any. The Town will not assume any responsibility for maintenance and repair of required private improvements, and such responsibility shall remain with the applicant unless it is transferred to a homeowners' association or other responsible person or entity in accordance with the approved subdivision documentation.

B.

Release of Collateral; Security/Performance Guarantee; Request for Partial Release. The applicant may make periodic requests for the partial release of the collateral in accordance with the provisions of this Subsection. All such requests shall be in writing to the Board of Trustees and shall correspond with a portion of the required improvements that have been substantially constructed or installed in accordance with these regulations and the PIA. No more than one request for a partial release of the performance guarantee may be submitted each month. No reduction of the performance guarantee shall be allowed which would reduce the amount of collateral to less than one hundred twenty-five (125) percent of the estimated cost of any remaining or incomplete improvements; and the final twenty (20) percent of the initial performance guarantee may not be released until all of the required improvements have been preliminarily accepted, the warranty period has run, the applicant has complied with all requirements specified in these regulations and the PIA and the improvements are finally accepted by the Town. There shall be no reduction in the amount of the performance guarantee if the applicant is in default under the PIA.

C.

Town Use of Performance Guarantee. Except as otherwise provided in the PIA, the Town may draw upon and utilize the collateral security to pay for the construction, completion or correction of the required improvements or to restore and revegetate the site in the event the applicant fails to timely perform the obligations provided in this Article or is otherwise in default under the terms of the PIA. Application of the collateral may include covering such costs, including reasonable engineering and attorney's fees, as are necessary for the Town to administer the construction and correct, repair or complete the required improvements and to enforce the PIA and any bond or other undertaking given as the performance guarantee.

D.

Conveyance of Improvement Other Than by Dedication on Plat.

1.

As to any of the improvements which have not previously been dedicated on the final plat of the subdivision, such improvements, if designated and intended as public improvements, shall be conveyed to the Town or other appropriate public entity, or if designed or intended as private improvements, shall be conveyed to a homeowners' association or other responsible entity approved by the Town. Such conveyance shall be made prior to final acceptance of the improvements.

2.

Upon the determination of the Town staff that such improvements have been satisfactorily completed and that acceptance of such improvements by the Town is proper and in accordance with the provisions herein, conveyance shall be made by general warranty deed (if real estate) or bill of sale with full warranty of title (if personal property), free and clear of all liens, encumbrances and restrictions (except for permitted exceptions as provided in the PIA), and the specific instrument of conveyance shall be acceptable as to form and substance by the Town staff.

3.

Conveyances of fee title, easements or other real property interests shall be accompanied by a policy of title insurance as required by Section 18.02.230.B.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

In the event the subdivision is to contain any property or facilities that are not for public use, but which are for the private use of the owners or occupants of two or more lots or dwelling units, and where the private improvements are granted credit under the provisions of Section 18.02.340, in lieu of public improvements, then the maintenance and operation of such privately owned common facilities shall be covered by the SPIA. Examples of such property or facilities might be tennis courts, swimming pools, parkways, roadways, gates, greenbelts, swales, etc.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)

A.

For purposes of this section, certain terms and words are defined or limited as follows:

1.

"Owner" means the owner of property abutting street improvements and utility extensions.

2.

"Street improvements" means constructing or otherwise improving streets or widening streets and includes installation of paving, curbs, gutters and street lighting.

3.

"Utility extensions" means constructing or otherwise improving potable water distribution systems and sanitary sewer collection systems.

4.

"Incidentals" means and includes, without limitation, storm sewers and appurtenances, medians, acceleration and deceleration lanes, streets signs, traffic signals and survey monuments.

5.

"Improvements" means street improvements, utility extensions and incidentals.

6.

"Cost recovery" means a pro rata share of the actual cost of constructing street improvements and public utility extensions including related engineering costs computed and allocated on a front foot basis and, if the applicant's subdivision was first in time and incidentals would have been required to be installed by the applicant, an equitable allocation of the cost of such incidentals.

7.

"Director" means the Planning Director.

8.

"Existing subdivision" means an approved subdivision, requiring as part of its subdivision improvements, the construction and installation of all or a portion of the street improvements and or all or a portion of the construction of public utility extensions constructed and installed by another applicant for which cost recovery is available under this section.

B.

When an applicant is required under this Chapter to construct or install improvements through or adjacent to property not in his or her subdivision, the applicant shall pay the entire costs of the improvements and thereafter be eligible for cost recovery as provided by this section.

C.

The applicant shall:

1.

Enter into a contract with the Town in form and content consistent with the provisions of this section prior to construction or installation of the improvements; and

2.

File with the Director within sixty (60) days after completion of the improvements: (a) a cost recovery statement on forms furnished by the Town certifying the actual cost of improvements, together with receipts and other evidence of such costs; and (b) a list of the names and addresses of the record owners and legal descriptions of property abutting the street improvements verified by the applicant to be true and accurate, together with a certificate thereof from the office of the County Assessor. If the applicant fails to timely comply with both subsections (C)(1) and (C)(2) of this section, the applicant may be ineligible for cost recovery.

D.

The Director shall determine cost recovery and allocation to abutting property based upon the applicant's cost recovery statement and such other information concerning the improvements and cost as he or she shall deem relevant. The Director's determination shall be final and binding upon all parties. The Director shall mail by first class mail, postage prepaid, written notice of his or her determination to the applicant and owners as shown by the applicant's verified list. Upon final determination of cost recovery, the Director shall cause to be filed in the office of the County Clerk and Recorder a statement describing the property abutting the street improvements and public utility extensions and advising the owners that if all or any portion of the abutting property is thereafter included in a subdivision, or if a building permit is obtained for all or any portion of the abutting property that is in an existing subdivision, cost recovery may be required to be paid pursuant to this section. The cost of mailing notices and recording statements shall be paid by the applicant.

E.

The owners of property abutting such improvements shall (1) prior to final approval of any subdivision plat which includes all or any portion of such abutting property, or (2) prior to the issuance of a permit to build a building or structure on all or any portion of such abutting property that is in an existing subdivision, whichever the case may be, pay to the Town for the use and benefit of the applicant the cost recovery as herein determined and allocated for that portion of the abutting property included within the subdivision, or for which a building permit application has been made, together with interest thereon at the rate of eight percent (prime lending rate + four percent) per year for a period not to exceed twenty (20) years computed from the date the improvements were accepted by the Town. Liability for cost recovery shall be limited to twenty (20) years after acceptance of the improvements by the Town.

F.

If for any reason the cost recovery is not paid as herein required, the Town shall not be liable or responsible to the applicant.

G.

If the property is not being subdivided concurrently with a site plan application, the site plan applicant shall assume the duties and requirements of the applicant as defined in this section.

(Ord. No. 25-2021, § 1(Exh. A), 6-7-2021)