(a)

For purposes of these regulations, the term subdivision applies to any division of land into two (2) or more separate parcels, lots, sites, tracts, separate interests or interests in common, including any parcel of land which is to be used for condominiums or any other multiple-dwelling units with separately conveyed interests, but excepting any division of land which results from a conveyance or other transfer of land to the City, which conveyance is accepted by the City. All subdivisions of land located within the City are regulated by the provisions of this Chapter.

(b)

Major subdivisions are subdivisions that result in the creation of more than four (4) parcels, lots, sites, tracts or interests out of the property as it existed prior to any subdivision.

(c)

The division of lots or parcels of previously subdivided land is a resubdivision. Resubdivisions are reviewed as major subdivisions.

(d)

The division of previously unsubdivided land into four (4) or fewer separate parcels, lots, sites, tracts or interests is a minor subdivision.

(e)

The creation or abolition of condominium units or of a planned community as defined in Section 38-33.3-103(22), C.R.S., constitutes the creation of separate interests and is considered a subdivision action.

(f)

The correction of technical errors, the adjustment of two (2) or more lot lines and the dissolution of two (2) or more lot lines on subdivision plats is accomplished by the preparation and processing of an amended plat, provided that the corrections, lot line adjustments or lot line dissolutions do not affect more than twenty (20) lots in the subdivision, and provided further that the subdivision improvements agreement is in full force and effect and is not affected by the amended plat. Such actions affecting more than twenty (20) lots or affecting the subdivision improvements agreement, or in a subdivision with an expired subdivision improvements agreement, shall be reviewed as resubdivisions. Notwithstanding any other provision of this Section, a single lot line between two (2) conforming lots may be relocated or eliminated through the preparation and processing of a lot line adjustment/dissolution application which conforms to the requirements of Sections 16-4-60 and 16-5-140 of this Chapter. With the approval of the Planning Commission, more than a single lot line may be relocated or eliminated through the preparation and processing of a lot line adjustment/dissolution application which conforms to the requirements of Sections 16-4-60 and 16-5-140. (Prior code 17.04.110)

(a)

The design and development of major subdivisions shall conform in every respect to the criteria and procedures of this Chapter, the requirements of the Public Works Manual and any other applicable requirements of the City. Major subdivisions will be reviewed in accordance with Article V of this Chapter. The review process for major subdivisions consists of separate reviews of sketch, preliminary and final plans which are reviewed sequentially; that is, the application for a preliminary plan may be submitted only upon completion of the sketch plan review process, and final plans are reviewed after the completion of the preliminary plan review process. Sketch and preliminary plans are reviewed by the Planning Commission although the decision of the Planning Commission may be appealed to the City Council. Final plans are typically reviewed only by the City Council, although the Planning Commission may, as a condition of approval of a preliminary plan, require that the final plan be submitted to the Planning Commission for review. Prior to submitting any application for approval of a major subdivision, the applicant shall meet with the Planning Department staff for a preapplication conference per Section 16-5-120 of this Chapter.

(b)

The purpose of the major subdivision review is to evaluate the design of the proposed subdivision and to ensure that future residents or occupants of the subdivided property can be safely, efficiently and adequately served by public facilities, services and utilities and that the residential and nonresidential land uses conform to all land use regulations of the City. The major subdivision review process does not establish types of land uses which are determined by the zoning regulations of this Chapter. (Prior code 17.04.120; Ord. 4 §1, 2005)

(a)

The design and development of minor subdivisions shall conform in every respect to the criteria and procedures of this Chapter, the requirements of the Public Works Manual and any other applicable requirements of the City. Minor subdivisions will be reviewed in accordance with Article V of this Chapter.

(b)

The purpose of the minor subdivision review is to evaluate the design of the proposed subdivision and to ensure that future residents or occupants of the subdivided property can be safely, efficiently and adequately served by public facilities, services and utilities and that the residential and nonresidential land uses conform to all land use regulations of the City. The minor subdivision review process does not establish types of land uses which are determined by the zoning regulations. (Prior code 17.04.130; Ord. 4 §1, 2005)

Resubdivisions are reviewed in the same manner as a major subdivision with the same purposes. To the extent that submittal information, otherwise required in Article VI of this Chapter, 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 Planning Director or his or her designee and the Public Works Director or his or her designee will determine the technical adequacy of previously submitted information. (Prior code 17.04.140; Ord. 4 §1, 2005)

(a)

Amended plats do not create additional lots or interests in property but are subdivision actions to the extent that lot lines may be adjusted or relocated by the amended plat process or more than one (1) lot combined for building purposes. Amended plats are also used to correct errors on a subdivision plat. The amended plat process is limited to amendments that affect less than twenty (20) lots within a subdivision. Amendments affecting more than twenty (20) lots or amendments within a subdivision with an expired subdivision improvements agreement or which affect existing subdivision improvements agreements shall be considered resubdivisions. Amended plats are reviewed by the Public Works Director, Planning Department staff and appropriate review agencies prior to approval or denial of the amended plat by the Public Works Department, Planning and Development Department and appropriate review agencies prior to approval or denial of the amended plat by the Planning Director pursuant to the requirements of Section 16-5-130 of this Chapter.

(b)

The first purpose of the amended plat review is to ensure the technical accuracy of the amended plat. The second purpose of the amended plat review is to maintain the record of associated real estate activities. (Prior code 17.04.150; Ord. 4 §1, 2005)

The lot line adjustment/dissolution application process is limited to the relocation or elimination of a single lot line between two (2) conforming lots. These applications are reviewed by the Public Works Department, Planning and Development Department and appropriate review agencies prior to approval or denial of the amended plat by the Planning Director pursuant to the requirements of Section 16-5-140 of this Chapter. (Prior code 17.04.160; Ord. 4 §1, 2005)

As further specified in Section 16-1-90 of this Chapter, for every subdivision the City Council shall require the dedication of certain sites for park and recreation use, and may require reservation of sites for school and other public purposes. Land dedications may include the one-hundred-year floodplain, national and state historic or natural features, and proposed public areas set aside in state, regional, county or City comprehensive plans. The City Council may, at its sole discretion, require a subdivider to pay a fee in lieu of the dedication of land otherwise required by these regulations. The provisions for such cash payments in lieu of dedication are stipulated in Section 16-1-90. (Prior code 17.04.210)

As a necessary condition of any subdivision approval in the City, the applicant must obtain and comply with all necessary federal, state and local permits that may be required for the subdivision and development of the subject property. (Prior code 17.04.215)

(a)

Except as provided in subsection (b) of this section,^subdivision design standards are found in the Public Works Manual. In addition to the provisions of the Public Works Manual, the Public Works Director shall maintain subdivision, traffic, utility and other such design and construction standards necessary to carry out the purposes of these regulations, including but not limited to the provisions of Article XII of this Chapter. All requirements of these regulations, other regulations of the City and the design and construction standards of the Public Works Director shall be complied with.

(b)

Additional requirements for large subdivisions and PUDs. Residential subdivisions and PUDs with more than twenty-five (25) residential units or lots in all phases of the subdivision shall provide the following:

(1)

A secondary vehicular access to the subdivision. The intent of this provision is to provide for emergency access, and to encourage traditional neighborhood development patterns with interconnected street networks. Exceptions available under the Fire Code are not permitted.

(2)

Pedestrian access to the City of Rifle pedestrian network. The subdivision shall provide at least one means of safe pedestrian access that directly connects to the general pedestrian network. If necessary to achieve this objective, this standard shall require the construction of offsite pedestrian improvements as part of the required subdivision improvements.

(3)

Applicability. This subsection (b) shall only apply to new subdivisions or PUDs involving approvals for more than thirty (30) residential units or lots after February 28, 2020. It shall not apply to site plans or other non-subdivision applications involved with the build-out of subdivisions that received approvals before February 28, 2020. In the approval of a PUD application, the City may, in its discretion, waive some or all of these standards in exchange for other community benefits for subdivisions between thirty (30) residential units and (45) residential units.

(Prior code 17.04.220; Ord. 3 §2, 2020)

(a)

Shared driveways allowed upon approval-residential lots. In conjunction with approval of a major or minor subdivision, resubdivision or planned unit development, the Planning Commission or City Council may but shall not be required to approve the use of shared, privately owned and privately maintained driveways by not more than four (4) lots within a residential zone district (LDR, MDR or MDR-X) or the Estate Zone District (EZ), subject to the following requirements:

(1)

The final plat, recorded cross-easements or other acceptable legal instrument, as determined by the City, shall provide for adequate access easements for each lot to be served by the shared driveway;

(2)

The use of a shared driveway shall not create any undue traffic, pedestrian, emergency access or general access hazards, as determined by the Planning Commission or City Council based upon the following criteria:

a.

The volume of anticipated traffic upon the shared driveway and street to which the shared driveway is connected, during both regular use hours and peak periods.

b.

The classification of the street to which the shared driveway is connected.

c.

Site distance criteria and distance from the shared driveway to the nearest intersection.

d.

The topography of the shared driveway and the street to which the shared driveway is connected.

e.

Any other criteria the City staff, Planning Commission, City Council or applicable emergency response agencies deem appropriate to the City's consideration of the potential for undue traffic, pedestrian, emergency access or general access hazards.

(3)

The Planning Commission or City Council may require that the proponent of the shared, privately owned and privately maintained driveway forward to the City a traffic analysis, prepared at the proponent's expense by a qualified engineer or consultant, which analyzes the potential for undue traffic, pedestrian, emergency access and general access hazards, and addresses such potential hazards in light of the criteria set forth in Paragraph (2) above.

(4)

Shared driveways serving lots in residential zone districts (LDR, MDR and MDR-X) and the Estate Zone District (EZ) shall be designed for emergency vehicle access as determined by accepted fire protection standards, including but not limited to the standards set forth below; provided that the following shall be minimum standards and that the City may impose stricter standards upon any proposed shared driveway if necessary to prevent or mitigate the potential for undue traffic, pedestrian, emergency access or general access hazards:

a.

Maximum grade:

1.

LDR, MDR and MDR-X Districts - eight percent (8%).

2.

EZ District - twelve percent (12%).

b.

Runs of fifty (50) feet or less:

1.

LDR, MDR and MDR-X Districts - ten percent (10%).

2.

EZ District - sixteen percent (16%).

c.

Permanent cul-de-sac if driveway is longer than six hundred (600) feet.

d.

Design standards set forth in the Public Works Manual, except that in the event of conflict, the standards set forth in this Section shall control.

(5)

House numbers or addresses shall be placed at the driveway/road intersection in a position to be plainly visible from the main road or street fronting the property. Each residential dwelling on driveways serving two (2) or more homes shall have additional numbers and/or letters posted in a conspicuous location on the dwelling. All numbers and letters shall be of a contrasting color.

(6)

An agreement or other acceptable legal instrument, as determined by the City, shall provide for the private maintenance, repair and improvement of the shared driveway.

(b)

Shared driveways allowed upon approval-commercial and industrial lots. In conjunction with approval of a major or minor subdivision, resubdivision or planned unit development, the Planning Commission or City Council may, but shall not be required to, approve the use of shared, privately owned and privately maintained driveways by not more than four (4) lots within a commercial or industrial zone district (CBD, CS, TC, LI or I) subject to the following requirements. For the Central Business District, see also the site design standards for each of the sub-districts in Sections 16-18-230, 16-18-330, 16-18-430, 16-18-530, 16-18-630, 16-18-730, 16-18-960 and 16-18-970 of this Chapter.

(1)

The final plat, recorded cross-easements or other acceptable legal instrument, as determined by the City, shall provide for adequate access easements for each lot to be served by the shared driveway.

(2)

The use of a shared driveway shall not create any undue traffic, pedestrian, emergency access or general access hazards, as determined by the Planning Commission or City Council based upon the following criteria:

a.

The volume of anticipated traffic upon the shared driveway and street to which the shared driveway is connected, during both regular use hours and peak periods.

b.

The classification of the street to which the shared driveway is connected.

c.

The proposed uses of the lots accessed by the shared driveway.

d.

The number of commercial and/or industrial establishments to be placed on the lots accessed by the shared driveway.

e.

Site distance criteria and distance from the shared driveway to the nearest intersection.

f.

The topography of the shared driveway and the street to which the shared driveway is connected.

g.

The type of vehicles expected to use the shared driveway (for example, trucks as opposed to passenger cars).

h.

Any other criteria the Planning staff, Planning Commission, City Council or applicable emergency response agencies deem appropriate to the City's consideration of the potential for undue traffic, pedestrian, emergency access or general access hazards.

(3)

The Planning Commission or City Council may require that the proponent of the shared, privately owned and privately maintained driveway forward to the City a traffic analysis, prepared at the proponent's expense by a qualified engineer or consultant, which analyzes the potential for undue traffic, pedestrian, emergency access and general access hazards, and addresses such potential hazards in light of the criteria set forth in Paragraph (2) above.

(4)

Shared driveways serving lots in commercial or industrial zones (CBD, CS, TC, LI or I) shall be designed for emergency vehicle access as determined by accepted fire protection standards, including but not limited to the standards set forth below; provided that the following shall be minimum standards and that the City may impose stricter standards upon any proposed shared driveway if necessary to prevent or mitigate the potential for undue traffic, pedestrian, emergency access or general access hazards:

a.

Maximum grade: six percent (6%).

b.

Runs of fifty (50) feet or less: eight percent (8%).

c.

Minimum driveway width: twenty-five (25) feet.

d.

Permanent cul-de-sac if driveway is longer than four hundred (400) feet.

e.

Design standards set forth in the Public Works Manual, except that in the event of conflict, the standards set forth in this Section shall control.

(5)

In commercial and industrial zones, each building on driveways serving two (2) or more buildings shall have additional numbers and/or letters posted in a conspicuous location on the building. All numbers and letters shall be of a contrasting color.

(6)

An agreement or other acceptable legal instrument, as determined by the City, shall provide for the private maintenance, repair and improvement of the shared driveway.

(c)

Shared driveways otherwise prohibited. Unless specifically permitted under Subsection (a) or (b) above, no shared driveway shall be permitted in conjunction with any land use activity subject to these regulations or any other regulation of the City. (Prior code 17.04.225; Ord. 4 §1, 2005; Ord. 39 §2, 2007; Ord. 11 §11, 2011)

(a)

A PUD is an overlay of the existing zone district that adds to and modifies the existing zoning regulations. PUDs are intended to allow more creativity in the development of land. PUD zoning and subdivision elements are unified in a PUD development plan. The review process for a PUD development plan entails the concurrent review of subdivision preliminary and final plans and, to that extent, the review process addresses both zoning and subdivision aspects simultaneously.

(b)

The Planning Commission may recommend approval of a subdivision which departs from the usual design or regularly platted lots and blocks as a part of a PUD in accordance with the provisions of this Code. (Prior code 17.04.230; Ord. 4 §1, 2005)

A subdivision may be designated as a mobile home subdivision upon approval of a conditional use application. Such designation shall have the effect of allowing the placement of mobile homes, conventional site-constructed dwellings or manufactured houses within the subdivision. (Prior code 17.04.235)

A developer will be required to provide a subdivision improvements agreement acceptable to the City which addresses specific issues of the development, including but not limited to start of development, phasing of development, date of completion, infrastructure construction, common interest community, security for completion, expiration dates, one-year secured warranty, land dedication and landscaping. A sample of this agreement is available at the Planning Department. (Prior code 17.04.240)

If the proposed subdivision lies partially or completely within the area in which an avigation easement is required pursuant to Ordinance No. 26, 1999, the Developer shall be required to execute and record the appropriate avigation easement prior to final plat recordation. A sample copy of the avigation easements, along with a map depicting where they are required, is available for review at the Planning Department. (Prior code 17.04.245)

The City Council finds and determines that many subdivisions within the City, which have been previously approved or were approved by the County before being annexed into the City, have not been developed, and some such subdivisions were recorded prior to the current subdivision regulations, master plans, zoning regulations, building codes, state and local health regulations, designated matters of state interest and other applicable laws and regulations. The public health, safety and welfare require the City to periodically review such abandoned or uncompleted subdivisions, and it is the purpose of this Division to provide a mechanism for the review of undeveloped or nonconforming subdivisions to bring such subdivisions, or any parts thereof, into compliance with current regulations and provisions of law; and if such modifications are not feasible, to vacate undeveloped and nonconforming subdivisions, or any part thereof, to prohibit sales of lots therein, and to vacate lands within the subdivision which were dedicated to the public use. (Prior code 17.04.310)

As used in this Article, unless the context otherwise requires, subdivision is defined in Section 31-23-201(2), C.R.S. (Prior code 17.04.320)

The Planning Commission, at the request of the City Manager, upon its own motion, or at the direction of the City Council, may initiate review of any subdivision within the City. This review will follow the procedures set forth in this Article, and shall be for the purpose of determining whether or not the subdivision is undeveloped or abandoned or no longer complies with regulations. (Prior code 17.04.330)

For the purposes of this Article, lands described in the plat of any subdivision, or any part thereof, under review shall be considered to be undeveloped or abandoned if any one (1) or more of the following conditions are found by the Planning Commission to exist on such lands:

(1)

The time limit for the completion of public improvements or subdivision approval as contained in any subdivision improvements agreement, amendment thereof or extension thereto, has expired or lapsed.

(2)

Roadways which were intended to provide access into and travel within the subdivision have not been or are not being constructed to meet specifications at the time of the review.

(3)

Facilities for the supply of domestic or industrial water to lots created by the subdivision have not been or are not being constructed or permits therefor have not been issued for installation on the lands.

(4)

Sanitary sewerage and, if required, storm drainage facilities, or other public improvements required by the subdivision improvements agreement, have not been or are not being constructed.

(5)

Buildings have not been or are not being constructed within the subdivision, and no permits have been issued for the construction of buildings upon the lands.

(6)

No substantial amounts of money have been spent by the developer or others within three (3) years prior to the review in reliance upon the approval of the subdivision.

(7)

No vested rights have accrued to the subdivision under the provisions of Chapter Article XI of this Chapter, or such vested rights have expired.

(8)

The subdivision contains partially completed public improvements which, in their unfinished state, constitute a hazard or danger to the members of the public.

(9)

No individual lots or parcels have been sold within the subdivision. (Prior code 17.04.340)

If the Planning Commission makes an initial determination that a subdivision, or any part thereof, is undeveloped, abandoned or nonconforming, the Planning Commission shall hold a hearing to determine whether or not the subdivision, or any part thereof, should be modified, re-platted or vacated, or all or part of the lands within the subdivision dedicated to public use should be vacated. Notice of the hearing shall be given as required in Section 16-1-50 of this Chapter; in addition, notice shall be given to the holders of any security interest, mortgage, deed of trust or lien of record against the property. The City shall also attempt to give notice to any utility or other entity using rights-of-way or easements which appear on the plat of the subdivision. A copy of the public notice shall also be recorded with the County Clerk and Recorder. The failure to give adequate notice of the hearing shall not be grounds to invalidate any Planning Commission action under the provisions of this Chapter. (Prior code 17.04.350)

(a)

At the time of the hearing conducted pursuant to Section 16-4-250 above, the Planning Commission shall hear evidence and testimony from any interested person regarding the status of the subdivision and, if the Planning Commission determines the subdivision is undeveloped, abandoned or nonconforming, shall determine the most appropriate means to bring the subdivision into compliance with law.

(b)

If the Planning Commission determines, following the hearing, that a subdivision, or any part of a subdivision, cannot be modified in accordance with the subdivision regulations, master plans, ordinances, codes and other state and local regulations, it may recommend that the subdivision be vacated.

(c)

The findings and conclusions of the Planning Commission shall be transmitted in written form to the City Council, which shall consider the matter at its next regularly scheduled meeting.

(d)

Any action taken by the City Council to carry out the provisions of this Article shall be by ordinance. In the event the subdivision is a planned unit development and the plan must be released, removed or modified, the ordinance shall contain the findings of fact required by Section 24-67-106(3), C.R.S.

(e)

The vacation of any subdivision, or any part thereof, and of all or any part of the lands within the subdivision dedicated for public use, shall be conducted according to the applicable law and this Article. In no event shall the City Council vacate any easement, right-of-way or roadway if doing so would jeopardize the rights of the public or any public utility. The vacation of lands dedicated for park land purposes, which have not been used for such purposes since subdivision approval, shall not be considered a sale or conveyance as defined in Section 13.2 of the Charter.

(f)

If the ordinance vacates the subdivision approval, a certified copy of the ordinance shall be filed and recorded by the City Clerk with the same offices as required for subdivision approval, including the County Clerk and Recorder.

(g)

The adoption and recording of an ordinance vacating a subdivision or any part thereof shall operate to nullify the force and effect of the recording of the subdivision plat, and no lots, blocks or parcels within the vacated subdivision may thereafter be sold or conveyed.

(h)

The modification or vacation of a subdivision shall not affect title to the land within the vacated portion, except for title to lands dedicated to the City according to the original subdivision plat, which property shall vest according to the provisions of Section 43-2-302, C.R.S., and the terms of the ordinance vacating the subdivision.

(i)

Nothing contained within this Article shall prohibit the voluntary application by the owner of an interest in lands within an undeveloped, abandoned or nonconforming subdivision to seek voluntary vacation of all or part of said subdivision. In the event a petition to vacate a subdivision is presented to the Planning Commission, signed by the owners of record of the property and the holders of all valid security interest, the additional notice requirements set forth in this Article shall not apply.

(j)

If all or any part of a subdivision is vacated as provided herein, the Planning Commission shall then consider whether the zone district or districts shall be modified accordingly, in the manner provided by law.

(k)

If all or any part of the subdivision is vacated as provided herein, the Planning Commission shall also consider what effect shall be given any cash paid by the original developer in lieu of land dedication, water rights dedication or any other fees required at the time of original subdivision approval. In the event the Planning Commission finds it would be appropriate to allow these fees to remain as a credit against the real property, the Planning Commission shall so state in its recommendation to the City Council. In no event, however, shall any such cash or other consideration paid remain a credit for a period of greater than twenty (20) years from the date of original subdivision approval.

(l)

If all or any part of the subdivision is vacated or modified as provided herein, the Planning Commission shall also recommend to the City Council as to the disposition of any security given for the completion of public improvements, including any mortgages on the subject property, and shall recommend as to what action should be taken with respect to the subdivision improvements agreement and whether it should be released as against all of the property, a portion of the property or only that portion of the property which has been successfully developed. (Prior code 17.04.360)