The purpose of this Article is to:

(1)

To assist orderly, efficient, and integrated development, and to promote the health, safety, convenience, order, prosperity, and general welfare of the present and future residents of the Town;

(2)

To encourage the proper arrangement of subdivisions in relation to existing or planned subdivisions in order to facilitate safe, efficient and pleasant walking, biking and driving;

(3)

To provide for a variety of lot sizes and housing types;

(4)

To ensure an adequate and efficient street system by regulating the location, design, class, and type of street, sidewalk and other transportation corridors; and

(5)

To secure adequate provisions of water, electric service, drainage, sewers and other facilities and services for the health and safety of Town citizens.

(Ord. No. 2023-08, §2)

(a)

The provisions of this Article shall apply to any person who subdivides, or participates in the subdivision of a lot, tract, or parcel of land for any purpose including, but not limited to, the immediate or future purpose of conveyance, sale or building development, whether residential, industrial, office, business or otherwise, within the Town. Any plat for the subdivision of land, within the Town, including the re-subdivision of land previously subdivided, shall be submitted to the Town for action in accordance with this Code.

(b)

The following shall be excepted from the provisions of this Article:

(1)

Any subdivision created for the sole purpose of establishing public rights-of-way, public utility rights-of-way, or other lands for municipal and school district purpose;

(2)

The sale of cemetery lots within a permitted cemetery, where the cemetery maintains records as to the size, location, and ownership of the lots; and

(3)

Granting of easements.

(c)

No subdivision plat shall be used for purposes of sale or development until approved by the Town and recorded with the Weld County Clerk and Recorder as provided in this Code.

(d)

Every plat shall be recorded in the office of the Weld County Clerk and Recorder. It shall be unlawful for the owner or an agent of the owner of any land to transfer or sell any unsubdivided land or lands by reference to, exhibition of, or by use of a plat of a subdivision before such plat has been approved by the Town and recorded in the office of the Weld County Clerk and Recorder. It shall be unlawful to erect, construct, reconstruct, use or alter any building or structure or to use any land in violation of this Article.

(Ord. No. 2023-08, §2)

(a)

Except with respect to property which is platted as a lot or part of a subdivision approved in accordance with the provisions of this Land Use Code (or prior law, if applicable), no building permit or certificate of occupancy shall be issued for any of the following and no person shall perform any of the following:

(1)

Construction of any new principal building;

(2)

Enlargement of any principal building used for nonresidential purposes by more than twenty-five percent (25%) of the existing floor area of such building;

(3)

An act which changes the use of any building.

(Ord. No. 2023-08, §2)

(a)

Mandatory construction. All new residential development within those areas of the Growth Management Area of the Town designated by the Town Council as suitable for the construction of nonpotable secondary water systems, shall be required, as part of any subdivision process, to construct a nonpotable secondary water system for irrigation of all residential lots and common areas within the subdivision. Likewise, proponents of all new residential development shall provide for adequate nonpotable water in amounts sufficient in both quantities and quality to operate said system so that the system will provide an assured and sufficient amount of water to adequately irrigate all residential lots and common areas.

(b)

Private management.

(1)

As a condition of subdivision approval of any residential development wherein a nonpotable secondary water system shall be required, the Town Council may require that such system shall be operated, repaired, and maintained by a metropolitan district, homeowners' association or other public or private entity. The nature and structure of such entity shall be subject to approval by the Town, and the management entity and the Town shall enter into a written agreement prior to final subdivision approval to provide for the entity's management and operation of the nonpotable secondary water system and specifically providing for such credits as may be appropriate from the Town for the construction of such system, including reduced raw water dedication requirements reflective of the existence of a nonpotable secondary water system, as well as reduced water plant investment fees likewise reflective of the existence of the nonpotable secondary water system.

(2)

Any agreement between a management entity and the Town shall also provide that the nonpotable water resources designated by the management entity for the operation of the nonpotable secondary water system shall be available both physically and legally in perpetuity, thereby assuring to the Town that in the event the management entity fails and the Town is subsequently required to operate the nonpotable secondary water system, adequate water resources will be available to the Town for the operation of the nonpotable secondary water system. Therefore, the agreement must also provide for the transfer of such water resources, as well as the water acquisition and distribution system, to the Town at its option, should the management entity be unable to operate, repair, maintain and replace the system so that it functions to provide a reliable and sufficient supply of nonpotable water for the purposes set forth in the agreement. The adequacy and reliability of the nonpotable water resources shall be determined by the Town in its sole discretion. Any funds held by or for the management entity for the operation, repair, maintenance, and replacement of such system shall also be transferred to the Town, with the use of such funds limited to the operation, repair, maintenance and replacement of such system.

(c)

Establishment of geographical areas where nonpotable secondary water systems shall be required.

(1)

Upon the adoption of the ordinance codified herein, the Town Council shall, by resolution, designate those areas within the Town's Growth Management Area wherein the construction of a nonpotable secondary water system shall be required as a condition of development. Such designation by the Town shall include areas within the Growth Management Area of the Town that have historically been irrigated by agricultural wells or ditch and canal systems, as well as other areas wherein, for reasons of topography and access to raw water, the construction of nonpotable secondary water systems is determined by the Town to be feasible.

(2)

The Town may, by a resolution subsequently adopted and after appropriate findings, remove from or add to the original areas wherein nonpotable secondary water systems are required within the Town's Growth Management Area.

(d)

Annexation. The construction of a nonpotable secondary water system at the time of development shall be a condition of annexation when annexation is proposed for residential development in an area designated for the construction of nonpotable secondary water systems.

(e)

Feasibility review and determination. In the event it can be established to the satisfaction of the Town Council that the construction of a nonpotable secondary water system as part of new residential development in an area designated for the construction of nonpotable secondary water systems is not economically feasible and would work an undue hardship, the Town Council may relieve the developer from the operation of the ordinance codified herein. Any such determination by the Town Council shall be conditioned upon compliance with the following conditions:

(1)

The developer shall submit an application seeking relief from the operation of the ordinance codified herein on a form prescribed by the Town and containing such information and supporting documentation as may be required by the Town.

(2)

The developer shall submit an analysis of the economic feasibility of the proposed nonpotable system using a standardized cost benefit analysis approved by the Town.

(3)

The developer may submit such additional information and documentation as may be deemed relevant in support of its proposition that the construction of a nonpotable system is not economically feasible and would work an undue hardship, including but not limited to, information concerning the availability and cost of raw water and issues of engineering relating to the delivery of raw water to the system in question.

(4)

Upon receipt of the aforesaid application, cost benefit analysis and additional information and documentation, the Manager may, in his or her sole discretion, employ such engineers, financial analysts and such other experts as may be necessary to review and evaluate the data provided and to submit an independent analysis of the developer's application for relief from the operation of the ordinance codified herein. The reasonable and necessary expenses incurred by the Town shall be paid by the developer and shall be advanced by the developer as a condition of this process.

(5)

Upon the completion of the independent analysis as aforesaid, the Manager, upon notice to the developer, shall schedule a hearing before the Town Council. At the time of the hearing, the developer and the Town shall each be afforded a full opportunity to present all relevant evidence in the form of testimony and exhibits. Within ten (10) days of the conclusion of the hearing, the Town Council shall prepare and submit a written decision affirming the requirements of the ordinance codified herein or providing the developer relief therefrom. The decision of the Town Council shall be final upon submission of its written decision.

(f)

Regulations. The Manager is hereby authorized to develop regulations for the construction and operation of nonpotable secondary water systems. Such regulations shall include, but shall not be limited to, specifications for transmission lines, connections, pumps and storage requirements for nonpotable water.

(Ord. 2024-10 §1)

Oversizing of water lines may be required by the Town beyond the needs of the subdivision development and standard Town specification. In such cases the applicant shall pay for the cost of the line. In the event oversized utilities are required and are greater than twelve (12) inches in diameter, applicants can initiate requests for oversize recovery or reimbursement following final acceptance of the water or sewer line as part of a Development Agreement. The method and time of payment shall be established in accordance with the current policies of the Town and/or Development Agreement.

(Ord. No. 2023-08, §2)

To provide for the installation of public and private utilities after completion of streets, sidewalks, trails, or similar improvements, three (3) SDR11 smooth conduit lines, one and one-quarter (1.25) inches in diameter, shall be placed at horizontal and vertical locations approved by the Town Engineer within the municipal utility easement with a capped junction at each buildable lot. In addition, when crossing a public street, a High-Definition Polyethylene (HDPE) four-inch schedule 40 PVC sleeve conduit will be placed around each of the three (3) SDR11 smooth conduit lines for the full width of the right-of-way (ROW).

(Ord. No. 2023-08, §2; Ord. 2024-07 §1)

(a)

Purpose. When public improvements, dedications, or similar components are part of a development application, the applicant shall enter into a development agreement (also referred to as an improvement agreement or subdivision agreement) with the Town to guarantee timing of dedications and construction of all required public improvements shown in the final development plan(s), together with security in a form approved by the Town Attorney. The development agreement, as applicable, shall be fully executed by the applicant prior to final review and action on the development plan by the Town, or the Town may postpone final action on the development plan. Such agreement shall include a list of all agreed-upon public improvements and landscaping, an estimate of the cost of such improvements (split out by phase as applicable), the form of guarantee for the improvements, and any other provisions or conditions deemed necessary by the Town to ensure all improvements will be completed in a timely, quality, and cost-effective manner. Such public improvements may include but are not limited to the construction of streets, curbs and gutters, driveways, sidewalks, storm drainage systems, public water and sewer infrastructure, fire hydrants, floodway and irrigation ditch improvements, streetlights, sidewalks, trails, traffic control devices, required off-site improvements, and signage.

(1)

Other agreements or contracts setting forth the plan, method, and parties responsible for the construction of any required public improvements shown in the final development plan documents may also be required.

(b)

Timeframe for completion. Commencement of construction of all or a portion of the approved development plan shall occur within two (2) years from the date of recordation of said development plan. The required timeframe for the completion of all required improvements for all or a portion of the development plan shall be three (3) years from the Town's issuance of a grading or other permit to commence construction. However, the Town may, for good cause shown, extend such time for commencement or completion of the required improvements upon request from the applicant to the Manager.

(c)

Process. The following steps outline the process for creating, reviewing, approving, and administering the Town's development agreement process through final acceptance of all required improvements.

(1)

Step 1: The Town provides a draft copy of the development agreement to the applicant during the development review process to review and comment on.

(2)

Step 2: The applicant returns the draft agreement with proposed revisions for final review and consideration by the Town.

(3)

Step 3: The Town sends the applicant a final signature ready version of the agreement to execute prior to final review and action on the development proposal. The signed agreement accompanies the final development plan for review by the decision body, as outlined in this Code under Article 2, Procedures.

(4)

Step 4: If the development plan is approved by the Town, the Town will execute the final development application and send the applicant a signed copy.

(5)

Step 5: The applicant shall post security, in a form approved by the Town Attorney and outlined in the executed development agreement, to cover the construction and warranty period of the necessary improvements outlined in the agreement.

(6)

Step 6: Following installation of the required improvements, the applicant shall apply to the Town for inspection of improvements, as required by this Code and all applicable laws, rules, and regulations.

(7)

Step 7: The Town shall complete inspection(s) of all required improvements and determine if the project has received initial acceptance and can move into the warranty phase.

a.

If incomplete, the Town will issue the applicant a letter and list of defects or items that require additional attention prior to the Town issuing initial acceptance. Once the applicant has addressed the Town's comments, they shall apply for reinspection of the outstanding improvements, see Step 6.

b.

If complete, proceed to Step 8.

(8)

Step 8: If deemed complete, the Town will issue initial acceptance of the required improvements and reduce the applicant's posted security to cover the two-year warranty period.

(9)

Step 9: Following the two-year warranty period, the applicant shall apply to the Town for final acceptance and release of the remaining security.

(10)

Step 10: The Town shall complete final acceptance warranty inspection(s) of all required improvements and determine if the project requires warranty work or if the Town can issue final acceptance.

a.

If warranty work is needed, the Town will issue the applicant a letter and list of defects or items that require additional attention prior to the Town issuing final acceptance. Once the applicant has addressed the Town's comments, they shall apply for reinspection of the warranty items, see Step 9.

b.

If no warranty work is identified, proceed to Step 11.

(11)

Step 11: If no warranty work is necessary, the Town will issue final acceptance of the required improvements and return the remaining warranty security held by the Town. At this point, all remaining obligations of the applicant should have been met, subject to the requirements of the final development agreement.

(d)

Amendments. In the event the agreement needs to be amended, the applicant or Manager may initiate the amendment process, which includes review of the proposed changes by both parties and a determination by the Manager on whether the proposed changes require Town Council review or if the proposed changes can be updated administratively. Administrative changes may include but are not limited to agreement deadline extensions, reassignment of the agreement requirements due to applicant or ownership changes, updates to the list of improvements based on administrative changes to the final development plans, or adjustments to the estimate of the cost of improvements based on market conditions.

(Ord. No. 2023-08, §2)

(a)

Purpose. For each development agreement or similar agreement executed by the Town, the applicant shall post security in the form of a letter of credit, cash, or similar security instrument in a form approved by the Town Attorney and drawn in favor of the Town in an amount equal to one hundred fifteen percent (115%) of the estimated cost of the construction of the required improvements. Security may be provided for one hundred percent (115%) of the total development or by an approved phase, as shown on the development plans and in the executed development agreement. For purposes of this Section, "required improvements" shall mean, at a minimum:

(1)

All improvements intended for dedication to the Town;

(2)

All streets, sidewalks, and trails, regardless of whether they are intended for dedication to the Town;

(3)

All storm drainage improvements, regardless of whether they are intended for dedication to the Town; and

(4)

All landscaping improvements are intended for dedication to the Town or to an approved association or district.

(b)

Initial acceptance and partial release of security. Upon completion of such improvements within the required time and approval thereof by the Town, the Town shall cause the security, excluding the retainage for warranty security, to be released following the Town's initial acceptance of such improvements and receipt of the required as-built drawings; however, the Town will retain ten percent (10%) security of the original security until final acceptance at the end of the two-year warranty period. When such improvements are not completed within the required time, the Town may cause the proceeds of the security to be used to close or complete the required improvements in accordance with the terms and provisions of the development agreement.

(c)

Partial release of security. During construction of required improvements, the applicant may from time to time request the release by the Town of a portion of the security for improvements that have been inspected and approved by the Town Engineer, as shown on approved phasing plans as part of the approved development plan. The required warranty period shall commence upon completion and initial approval of all required improvements and landscaping in accordance with the terms and provisions of the development agreement. Full and complete acceptance of the project will occur at the termination of the warranty period after final inspection.

(d)

Warranty. All workmanship and materials for all required improvements shall be warranted for a minimum period of two (2) years by the applicant as specified in the development agreement and this Code.

(Ord. No. 2023-08, §2)