It shall be unlawful for any person to subdivide any land, whether by sale, conveyance, gift, delivery or recording of a plat, deed or other legal instrument or by any other means, except in accordance with the provisions of this Chapter. No building or occupancy permit shall be issued with respect to any lot or tract of land which has been subdivided in violation of this Chapter. All new subdivisions shall be submitted to the Town for review. No final plat for a subdivision shall be approved and accepted by the Board of Trustees unless it conforms to this Chapter.

(1)

Purpose. These regulations are enacted, pursuant to Section 31-23-213, et seq., C.R.S., for the purpose of promoting the health, safety and general welfare of the present and future inhabitants of the Town.

(2)

Intent. These regulations are intended to establish minimum requirements for assuring efficient circulation, adequate improvements, sufficient open space and good subdivision design by providing for the proper arrangement of streets in relation to other existing or planned streets; for adequate and convenient open spaces; for traffic circulation, utilities, emergency access, recreation, light and air; and for the avoidance of population congestion and the establishment of standards for the design and construction of improvements.

(3)

Governing law. Every subdivision of land shall comply with all applicable local, state and federal laws.

(4)

Colorado Department of Public Health and the Environment (CDPHE). For all sites that were or are zoned industrial or were otherwise used for industrial purposes, the applicant must submit a report from CDPHE verifying that the development site is clean. The Town Staff, the Planning Commission or the Board of Trustees may also impose this requirement on any property to be subdivided or developed if there is reasonable basis to believe that the site may not meet current environmental regulations. A reasonable basis may include, but is not limited to, the former use of the site for purposes which may have caused environmental contamination. Where this certification is required, no application will be further processed until the Town receives this certification.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

The purpose of a minor subdivision is to provide a relatively simple procedure for dividing small tracts of land for development where such development and use have only minor impacts to other lands in the vicinity. Subdivisions which meet all of the following criteria do not require a sketch plan or preliminary plat to be submitted and may be approved administratively without notice and hearing.

(1)

The subdivision results in no more than three (3) tracts or lots of interest.

(2)

All lots or tracts are adjacent to a dedicated and accepted public street.

(3)

The lots are part of a subdivision plat that has been previously approved and/or accepted by the Town and recorded in the County records.

(4)

The improvement required by these regulations are already in existence and available to serve each lot, or secured.

(5)

Each lot shall meet the requirements of the applicable zoning regulations without the necessity for any variance, and no variance has been granted within the three (3) previous years.

(6)

No part of the subdivision has been approved as part of a minor subdivision within three (3) years prior to the date of submission of the minor subdivision plat.

(7)

No material changes to the prior plat notes, restrictions or easements are proposed.

(b)

The plat shall contain certification, on forms approved by the Town to document approval of the plat, including but not limited to the following:

(1)

The name of the subdivision and the name, address and telephone number of the applicant, with said information to be included within a title box located on the lower right corner of the plat.

(2)

A certification by a registered surveyor, attesting to the accuracy of the survey plat and placement of monuments, and compliance with the requirements of this Chapter and state law.

(3)

The name of the surveyor preparing the plat and the date of the plat, with said information to be included within a title box located on the lower right corner of the plat.

(4)

A certification of title insurance to the property in the name of those parties.

(5)

A certification of recording to be executed by the County Clerk and Recorder.

(c)

The Planning Commission may either approve, disapprove or conditionally approve the plat, subject to compliance with any minimum design standards, to dedication of additional right-of-way, easements, open space or park land, or to installation of additional improvements.

(d)

Upon approval by the Planning Commission, the plat of the minor subdivision shall be submitted in final form on one (1) reproducible Mylar, with all requisite signatures, and also on electronic media in a digital format acceptable to the Town and compatible with the Town computer system.

(e)

The proposed division of land shall not be created for the purpose of evading the provisions of the Town of South Fork Land Use and Development Code nor any provisions relating to setbacks and/or lot size contained therein. If the proposed division of land is only a boundary line adjustment or "split off" of property between neighboring property owners which conveys a portion of a lot to an adjacent existing lot in conformity with such code, it shall be presumed, absent a finding by the Planning commission to the contrary, that the division was not created for such evasive purpose.

(f)

A Boundary Line Adjustment is an adjustment of property boundaries between two or more pre-existing legal parcels of land that results in the same number or less of parcels as the pre-boundary line adjustment condition. The Boundary Line Adjustment application must be submitted complete and in compliance with the Town of South Fork Land Use Code. The applicant shall submit three (3) printed sets of all required materials, along with a completed application form and fee, to the Town of South Fork Planning Department. Applications must be packaged in a bound or file form with each set containing all required information. Applications must be submitted at least ten (10) days prior to the regularly scheduled Planning Meeting. Applications will be reviewed for completeness by Town Staff and for compliance to the submittal requirements. Incomplete applications will be returned to the applicants with a staff report and will not be included on the P&Z agenda.

(g)

Boundary Line Adjustment Criteria:

(1)

Boundary Line Adjustments must conform to the Town's Master Street Plan; any area defined as proposed street right of way must be dedicated as a condition of approval of the boundary line adjustment.

(2)

Boundary Line Adjustments must conform to any approved Town Plan for a designated development or create a condition in greater conformance with the Town zoning code and master plan than the pre-existing condition.

(3)

If any parcels being adjusted are non-conforming in area or shape, as set forth in the Town of South Fork Land Use Code, the adjustment shall not increase the non-conformity. No new non-conformity shall be created through the Boundary Line Adjustment and the application will not be considered until such non-conforming uses are abandoned, removed or resolved.

(4)

The application shall include a copy of the original subdivision plat and covenants if it is within a subdivision. Boundary Line Adjustments within an existing subdivision may require the consent of the subdivision homeowners association or each subdivision lot owner if plat adjustments are restricted by the subdivision covenants or plat notes.

(5)

If the original plat has building envelopes defined for the lots or parcels being adjusted, proposed new building envelopes must be shown. If the area of the parcels is in or near a flood plain, the flood plain must be shown on the proposed boundary line plat.

(6)

Boundary line adjustments may be approved by resolution of the Planning Commission.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

A major subdivision is required when any one (1) or more of the following conditions exists:

(1)

The subdivision will result in more than three (3) lots.

(2)

The subdivision will require the installation of improvements to serve the lots.

(b)

The review of a major subdivision consists of three (3) stages:

(1)

Sketch plan. (See Section 16-4-40.)

(2)

Preliminary plat. (See Section 16-4-50.)

(3)

Final plat. (See Section 16-4-60.)

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Prior to the preparation of a preliminary plat, the applicant shall make known his or her intentions to the Land Use Administrator and the Planning Commission by submitting a sketch plan and discussing informally any Town plans or standards which would affect the proposed development. The sketch plan must be submitted by the applicant at least three (3) weeks prior to the Planning Commission meeting at which the sketch plan will be reviewed. Ten (10) copies of the sketch plan, along with five (5) copies of any supporting reports, shall be filed with the Town. The following information shall be provided in a sketch plan submittal:

(1)

Name of the sketch plan.

(2)

Name, address and telephone number of the applicant. The application shall also include the disclosure of ownership, with supporting documentation from a title insurance company or attorney licensed in the State, which shall set forth a legal description of the property and title ownership of the property.

(3)

Name, address and telephone number of the preparer of the plan, if different from the applicant.

(4)

Date of preparation, north arrow and an indication of the approximate scale.

(5)

Boundary lines of the plan with the approximate lengths of lines.

(6)

Location of watercourses, if any, with direction of flow indicated, or a general indication of direction of drainage if no watercourses exist.

(7)

Location of existing and proposed streets and parking areas on, and adjacent to, the plan area.

(8)

Location and size of land uses and size of the total plan area.

(9)

Number of proposed dwellings and indication of the size of any other use.

(10)

Vicinity map to locate the project area.

(11)

Outline of any existing or proposed structure.

(12)

Indication of the number of dwelling units and use in each structure and the parking spaces in each lot.

(b)

Upon complete submittal of all required information, the Land Use Administrator shall, within thirty (30) days, provide an initial review of the sketch plan and tender the plan to the Planning Commission for its review and discussion. The review and discussion of the sketch plan by the Planning Commission shall be informal and nonbinding in nature, and shall serve as a means of providing guidance, suggestions or concerns to the applicant.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

After an applicant has reached preliminary conclusions concerning the feasibility and design of his or her proposed subdivision, and prior to the preparation of a final plat, the applicant shall submit a preliminary plat for review by Town Staff. The preliminary plat must be submitted by the applicant a minimum of sixty (60) days prior to the Planning Commission meeting at which the sketch plan will be reviewed. Three (3) copies of the preliminary plat, and supporting plans or data shall be filed with the Town to review for completeness. The following information shall be submitted for each preliminary plat:

(1)

Name of the subdivision or development.

(2)

Name, address and telephone number of the person, corporation or organization preparing the preliminary plat, including the name of the registered professional engineer if a subdivision.

(3)

Name, address and telephone number of the applicant.

(4)

Name and address of the property owners within, surrounded by and adjacent to the plat area, and the name of adjacent subdivisions.

(5)

General legal description by quarter section, section, township and range. The description shall include an approximate survey tie to an accepted survey monument.

(6)

Date of preparation, north arrow and a written and graphic scale.

(7)

Vicinity map to locate the plat.

(8)

Boundary lines of the plat showing approximate length of lines.

(9)

Approximate location, right-of-way, width, functional classification and names of existing and proposed streets.

(10)

Approximate location, functional classification and dimensions of all existing and proposed streets adjacent to the plat area. Typical cross-section may be used.

(11)

Approximate location, length, width and type of any non-street transportation link (e.g., path, bikeway, trail, railroad, etc.).

(12)

The approximate location and dimension area of each lot or parcel of land located within, and adjacent to, the plat area. The information for lots within a subdivision may be presented in a table.

(13)

Location and use of proposed watercourses or changes in use or location of existing watercourses and the location of proposed or existing bodies of water. The one-hundred-year floodplain shall be identified. In areas where floodplain mapping has not been completed, the floodplain shall be identified to a detail of one (1) foot. Where applicable, the Town's floodplain regulations, including the adopted rainfall standard, apply.

(14)

Proposed roads and utility facilities which shall require extension to the boundary of the subdivision or development.

(15)

Present zone district maps and any proposed changes with boundary lines shown.

(16)

Any parcel of land within the plat boundary, which is not owned by the applicant on the submittal date, with written evidence that such owner is aware of the proposal.

(17)

Supplemental information shall include:

a.

Relative percentages and acreage of the proposed land uses and the total population at completion.

b.

Environmental reports. The applicant shall indicate a procedure whereby notification to potential purchasers, in identified environmental hazard prone areas, shall be made through covenants, within sales contracts and through plat notes. The applicant shall indicate that continued compliance with notification procedures shall occur.

1.

Flood hazards means a map showing the boundaries of the one-hundred-year and five-hundred-year floods, the possible depth of flood waters in the subdivision and the improvements planned for location within the boundaries, including buildings, utilities and roads.

2.

Geologic hazard means a map portraying the geologic conditions that present a geologic hazard to the subdivision, together with a report explaining the potential dangers from the hazardous condition and the measures that may be taken, if any, to mitigate the condition.

3.

Fire hazard means a map showing the location of fire hazards and the reason for the hazard; i.e., slope, aspect, topography and fuel. A narrative setting up procedures for preventing fires and reducing their danger and information on planned fire suppression for the subdivision. The above information shall be certified by a Professional Forester or an experienced Fire Marshal.

4.

Soil suitability means maps and tables concerning suitability of types of soil in the proposed subdivision, in accordance with the Natural Resources Conservation Service Soil Survey.

c.

Evidence that a water supply is sufficient to ensure an adequate supply of water for the type of subdivision proposed, including fire protection, together with evidence of ownership or right of acquisition of, or use of, existing and proposed water rights, historic use and estimated yield of claimed water rights and amenability of existing rights to change in use.

d.

Where a water distribution (central water system) system is proposed, the plans, design and specifications shall be reviewed by the Colorado Department of Public Health and Environment, Water Quality Control Division, to ensure compliance with adopted drinking water standards. A Public Water System Identification number must be obtained and provided to the Town.

e.

Written notification from each utility, or other agency that provides services or has facilities affected by the proposal. The notification shall advise the Town of agency or utility approval, recommended changes or recommended denial of the application.

f.

Evidence that there shall be suitable and legal ingress to and egress from the subdivision, available to the lot owners in the subdivision. If the subdivision accesses onto a state highway, an access permit shall be required from the Colorado Department of Transportation. In the event the subdivision accesses onto a Town street, which eventually impacts state highway access, improvements shall be required by the subdivider to handle the increase in volume, over time, at that intersection or access point.

g.

Proposed method of guaranteeing public improvements.

h.

Proof of financial responsibility in relation to proposed development costs; i.e., financial statement or letter of available credit from a financial institution.

i.

Plans to prevent stormwater runoff caused by the subdivision, from damaging any ditches, roads or other structures or lands.

j.

General drainage statement and an erosion control plan.

k.

An evaluation of the consequence of traffic generated by the proposed subdivision or development. A traffic impact study shall be submitted for all developments with more than twenty-five (25) lots or twenty-five (25) residential units, and plans for recommended traffic mitigation measures. The study shall provide, but not be limited to, traffic capacity for existing roads infrastructure, proper analyses of transportation linkages in conformance with the Master Plan, cumulative traffic impact of development at build-out, and proposed infrastructure design to account for such considerations. The scope of the impact study may be broadened to include other nearby subdivisions and developments, allowing for cooperative participation and cost-sharing.

l.

The plat should include street names which shall comply with the roadway naming guidelines per Subsection 16-4-80(b)(5)l.

m.

A statement concerning the compatibility of the plat to the Master Plan.

(18)

If the preliminary plat is for a PUD, it shall include the following in addition to the above noted requirements:

a.

The proposed finished grade of the designated area, shown in contour intervals not to exceed two (2) feet.

b.

The location of each existing and each proposed structure in the PUD area, the use or uses to be contained therein, the number of stories high, the gross floor area and the approximate location of entrances and loading points.

c.

The location of all outside facilities for recycling and waste disposal.

d.

All curb cuts, private driving lanes, parking areas, loading areas and public transportation points.

e.

All pedestrian walks and open areas for use by tenants or members of the public.

f.

The location and height of all walls, fences, landscape planting and group mail boxes.

g.

The location, size, height and orientation of all signs.

h.

The types of surfacing, such as paving, turf or gravel, to be used at the various locations.

i.

The location of fire hydrants.

j.

Lighting locations, noting height, lumens, area of illumination and shielding, if needed.

(b)

The preliminary plat shall conform to the following:

(1)

The scale for the preliminary plat or plan shall adequately represent all information (1" = 50' minimum).

(2)

A preliminary plat or plan map shall be a minimum twenty-four (24) inches by thirty-six (36) inches.

(3)

Contour intervals shall be no greater than two (2) feet within the plan area. In critical areas, accuracy shall be no greater than a one-foot contour interval.

(c)

The preliminary plat and supplementary information shall be received by the Town Staff and reviewed for completeness. When complete, the applicant shall assemble the number of copies of the plat, and required supplemental material as determined by the Town Staff, into packet form with one (1) copy of each required item included in each packet, and submit them to the Land Use Administrator.

(1)

A number of the required submittals may be on 11" x 17" paper upon Town Staff discretion and approval. Smaller drawings may be reduced and not to scale.

(2)

A number of the submittals may be submitted electronically upon Town Staff discretion and approval.

(3)

A number of the submittals may not include all supplemental information upon Town Staff discretion and approval.

(d)

The applicant shall include with the application a list of owners of properties located, within one thousand five hundred (1,500) feet of the outside boundaries of the subject property of the proposed subdivision in a Rural Zone District, and within three hundred (300) feet of the outside boundaries of the proposed subdivision in all other zone districts, along with the current addresses as recorded with the County Assessor of all such owners. The Town shall send a letter, and the letter shall state that the property owners may appear in person at the public hearing or, if unable to attend, submit a statement further expressing the owners' opinions and comments on the subdivision proposal.

(1)

A packet of the preliminary plat and supporting information shall be referred to the following offices within five (5) days after the packet has been received from the applicant:

a.

Board of Trustees.

b.

Development Resources Group.

c.

San Luis Valley Rural Electric Cooperative.

d.

Excel Energy of Colorado, if applicable.

e.

Appropriate telephone company.

f.

Colorado Division of Wildlife.

g.

Colorado Geological Survey.

h.

Colorado Department of Public Health and Environment, Colorado Water Quality Control Division.

i.

Colorado State Engineer's Office.

j.

Colorado Department of Transportation.

k.

Appropriate school district.

l.

The local soil conservation district board within the Town.

m.

Board of County Commissioners.

n.

Special utility districts, the U.S. Forest Service, the Colorado State Forest Service and the Bureau of Land Management.

o.

South Fork Fire Rescue District, South Fork Water and Sanitation District ("SFWSD") and South Fork Chamber of Commerce.

p.

Where applicable, Colorado Water Conservation Board, Rio Grande Water Conservation District, San Luis Valley Water Conservancy District and appropriate ditch companies.

(2)

The Land Use Administrator shall furnish a copy of all comments received to the applicant as they are received. The failure of any agency or office to respond at least five (5) days prior to the public hearing shall, for the purpose of the hearing on the plan, be deemed an approval of such plan.

(e)

Upon submittal of all required information, the Land Use Administrator shall, within thirty (30) days, provide initial review of the preliminary plat and make a recommendation to the Planning Commission to: approve the plat, provided that all supporting documentation has been properly submitted and the plat meets all requirements; disapprove the plat if it does not appear to comply with the provisions of this Article; or approve the plat with modifications.

(1)

The preliminary plat, along with available comments from the above listed offices, agencies, adjacent property owners and governmental bodies, shall be presented at a public hearing before the Planning Commission. The Planning Commission shall fully review the preliminary plat and make its recommendation to the Board of Trustees within thirty (30) days after the public hearing. The review shall include:

a.

Consideration of input received from the public hearing and from the preceding listed offices, agencies, adjacent property owners and governmental bodies.

b.

The compatibility of the proposed subdivision with this Chapter.

(2)

Upon review, the Planning Commission shall make a recommendation to the Board of Trustees to: approve the preliminary plat, provided that all supporting documentation has been properly submitted and the plat meets all requirements; disapprove the plat if it does not appear to comply with the provisions of this Article; or approve the plat with modifications.

(3)

If the preliminary plat is disapproved, the reasons for such recommendation shall be included in the minutes of the Planning Commission meeting and provided in writing to the applicant upon request.

(4)

Unless the applicant withdraws the preliminary plat from review, it shall be submitted to the Board of Trustees for final review and action.

(5)

Within thirty (30) days after the preliminary plat, with recommendations, has been received from the Planning Commission, or at the next available meeting. The Board of Trustees shall act to approve the plat with or without conditions or disapprove the plat. If disapproved, the Board of Trustees shall recite specific reasons for the disapproval.

(6)

Approval of a preliminary plat shall be effective for a period of twelve (12) consecutive months. One (1) or more extensions may be granted by the Planning Commission upon application for the same, except that said extensions shall not waive conformance to interim amendments to this Chapter. Notice of the granting of such extension shall be furnished in writing by the Planning Commission. If a final plat is not submitted within the granted time, a preliminary plat shall again be submitted before action may be taken on a final plat. Any fees that have previously been paid shall be forfeited.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Lot sales restriction for major subdivisions.

(1)

No land shall be subdivided, nor shall any parcel or lot thereof be advertised for sale, until a final plat has been approved and recorded with the Rio Grande County Clerk and Recorder. A developer may utilize reservation agreements or conditional sales or listing contracts in order to advertise a property to a potential buyer prior to final plat approval, and before completion of the subdivision improvements. Any such agreement or contract must specifically state that the parcel or lot in that subdivision may not be sold until a final plat has been approved and recorded. The agreement or contract must be nonbinding, and any monies paid by the buyer must be held in an escrow account and be fully refundable the final plat has been recorded.

(2)

In addition to other remedies and penalties permitted under law of equity, any developer, subdivider or agent of any developer or subdivider who transfers legal or equitable title or sells any subdivided land before a final plat for such subdivided land has been approved by the Board or Trustees and recorded and filed with the County Clerk and Recorder is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine as set forth in the state statutes. In addition to other remedies and penalties permitted under law or equity, if the Board of Trustees determines that any provision of this Chapter have been violated or there are outstanding conditions of approval, the Town may withhold building permits with respect to any or all lots in the subdivision or development.

(3)

In addition to all other remedies provided herein, the Board of Trustees may enjoin any such transfer or sale in violation of this Chapter by action for injunctions brought in any Court having jurisdiction.

(4)

The Board of Trustees may withdraw any approval of any preliminary or final plat when it is determined that information provided by the subdivider or developer, upon which such decision was based, is false or materially inaccurate.

(b)

Twelve (12) printed copies and one (1) electronic copy of the final plat, along with twelve (12) copies of all required supporting documents, shall be submitted to the Town for review. The final plat shall contain all elements required as a condition of preliminary plat approval, and the following, all in forms acceptable to the Town.

(1)

Name of the subdivision or Planned Unit Development (PUD).

(2)

Name and address of the owner of record.

(3)

Name of the Town, County and State.

(4)

Total acreage and total number of lots.

(5)

Location and description referenced by quarter-section, section, township and range; if said description contains references to recorded documents, said information shall be indicated on the plat.

(6)

Date of preparation, north arrow, written and graphic scale.

(7)

Artist color rendering of subdivision or PUD and proposed structures.

(8)

Certification statements, to include (see Town staff for examples):

a.

Certification of dedication, ownership and maintenance.

b.

Certification of approval by the Board of Trustees and by signature of the Mayor.

c.

Certification by the County Clerk and Recorder.

d.

Certification of survey by a registered professional surveyor that shall follow the laws of the State.

e.

Certification of the Chair of the Planning Commission.

(9)

An accurate and complete boundary survey of the land shall be completed in compliance with state law.

(10)

The exact location and width of all existing or recorded streets, rights-of-way and easements adjacent to the boundaries of the subdivided tract shall be indicated by a dashed line, and adjacent subdivisions and streets shall be identified by official names.

(11)

The length, width, location and names of all proposed or existing streets, alleys, greenways, bikeways, paths, trails and other transportation links shall be indicated. Centerline data or right-of-way data for all curves shall be indicated on the plat or plan.

(12)

All easements (existing or proposed) and utility rights-of-way shall be clearly labeled, identified, dimensioned and tied to reference points and shall be shown by fine-dashed lines. Existing easements shall bear a notation of dedication or conveyance. If any easement of record cannot be definitely located, a statement of the existence, the nature and the easement's record reference shall be placed in the note section.

(13)

All lots and blocks shall show dimensions, boundaries and, to the extent possible, numbered consecutively. Excepted parcels (parcels not a part of the subdivision) shall be marked and dimensioned and include the statement "not included." Lots which require special studies for development, or which present significant hazards to development, shall be indicated by letter, with limitations placed in the note section.

(14)

Parcels other than lots, streets or easements shall be designated by letter, with dispositions indicated in the note section. Location of land intended to be conveyed or reserved for public use, or reserved in the deeds for the use of all property owners in the proposed subdivision, shall be shown. Public tracts shall be dedicated by a statement on the plat; and responsibility of maintenance of all other tracts shall be noted.

(15)

The one-hundred-year floodplain, watercourses and bodies of water shall be delineated on the plat or plan. No lots shall be located in the floodplain except to the extent that development conforms with the existing Town regulations and lots with limitations identified on the plat or plan.

(16)

Supplemental information to submit with the final plat:

a.

Proof of title. The applicant shall supply to the Town evidence of good title vested in the applicant. This may consist of a title insurance commitment or policy issued by a title insurance company, or an attorney's opinion of title, certified to a date not more than thirty (30) days prior to the submittal of the final plat or plan to the Town, showing the names of the owners of the land and all other persons who have an interest in, or encumbrance on, the property described on the final plat or plan. The applicant shall cause to be joined on said filing plat or plan those parties necessary to give unencumbered fee simple title to all public lands contained therein. As an alternative, such other parties may subordinate their interest to the dedication of public lands contained therein by a notarized ratification statement.

b.

Construction plans. If any public improvements (roads, bridges, culverts, utilities, etc.) are required, construction drawings shall be prepared by a registered professional engineer licensed in the State and submitted to the Town for approval, together with a complete construction schedule, prior to commencement of work. Failure to gain approval prior to construction may lead to non-acceptance of the improvements.

c.

Drainage plan. A drainage plan shall be submitted at the time construction plans are submitted and shall be prepared by a registered professional engineer.

d.

Collateral, suitable to guarantee public improvements, is required. This may be a cash bond, irrevocable letter of credit or a similar instrument approved by the Board of Trustees.

e.

Subdivision improvements agreement, and estimate of guaranteed funds required.

(17)

If the final plat is for a PUD, add the following:

a.

The proposed finished grade of the designated area, shown in contour intervals not to exceed one (1) foot.

b.

The location of each existing and proposed structure in the PUD area, the use or uses to be contained therein, the number of stories, gross floor area and the approximate location of entrances and loading points.

c.

The location of all outside facilities for waste recycling and disposal.

d.

All curb cuts, private driving lanes, parking areas, loading areas and public transportation points.

e.

All pedestrian walks and open areas, for use by tenants or members of the public.

f.

The location and height of all walls, fences and landscape planting; group mail boxes; and the location, size, height and orientation of all signs.

g.

The types of surfacing, such as paving, turf or gravel, to be used at the various locations.

h.

The location of fire hydrants.

i.

Lighting location, noting height, lumens, area of illumination and shielding, if needed.

j.

Landscape material, listed by species, caliper, if appropriate, and average height.

k.

Dedication statement for public safety easements, if required.

(c)

The final plat shall be prepared according to the laws of the State and shall conform to the following:

(1)

Size of sheet: Twenty-four (24) inches by thirty-six (36) inches, and an eleven-inch by seventeen-inch plan reduction.

(2)

Scale: An engineer's scale no smaller than 1" = 100'.

(3)

If more than one (1) sheet is used, all sheets shall be indexed and contain an index map showing the relationship of the sheet to the whole. Each sheet shall show the scale, date of the survey, north point and name of the subdivision or development.

(4)

Final plats shall not contain extraneous information that is not required on a final plat.

(d)

The final plat shall conform to the preliminary plat as approved, and shall reflect any required conditions or modifications, except that, if desired by the applicant, the final plat may constitute only a portion of the approved preliminary plat. The number of lots for final plat approval shall be determined by the Board of Trustees. If only a portion of the preliminary plat is included on the final plat, letters of acknowledgment shall be obtained by the applicant from all public utility companies involved in the subdivision, and copies of such letters shall be submitted with the final plat. Two (2) Mylar or linen copies of the final plat shall be supplied.

(1)

The final plat shall be accompanied by security for the completion of any uncompleted improvements.

(2)

Accompanying the final plat shall be two (2) copies of the "as-built" plans for sanitary sewers, storm sewers or drainage systems and the water and fire systems, showing grades, pipe sizes, pipe types, outlets, connection points and other information which the Land Use Administrator may require, along with as-built plans for all other utility systems. As-built plans and data shall also be provided on electronic media in a digital format, compatible with Town computer systems, and in accordance with Town specifications. As-built plans for any improvements not completed at the time the final plat is submitted shall be submitted prior to inspection or approval of the improvements and the release of any security.

(e)

Upon completed submittal of all required information and following initial Town Staff review, the Planning Commission shall, within thirty (30) days, provide initial review of the final plat and make a recommendation to the Board of Trustees to: approve the plat, provided that all supporting documentation has been properly submitted and the plat meets all requirements; disapprove the plat if it does not appear to comply with provisions of this Article; or approve the plat with modifications.

(1)

The Board of Trustees may approve the plat, approve it subject to conditions necessary to implement the provisions of this Chapter, or disapprove the plat if it finds that the requirements of this Chapter have not been met.

(2)

No final plat shall be approved by the Board of Trustees until:

a.

All of the improvements required by this Chapter have been installed, inspected and approved by the Land Use Administrator, or properly secured in accordance with the provisions of this Chapter on forms approved by the Town.

b.

Two (2) hard copies of as-built plans and data for completed utility improvements have been provided and also provided on electronic media in a digital format, acceptable to the Town and compatible with Town computer systems. As-built plans for any improvements, not completed at the time the final plat is submitted and secured in accordance with the provisions of this Chapter, shall be submitted prior to inspection or final approval of the improvements and the release of any security.

c.

The final plat has been submitted in final form on two (2) reproducible Mylars, with all requisite signatures, and also on diskette in a digital format, acceptable to the Town and compatible with Town computer systems.

d.

Payment to the Town of any costs subject to reimbursement incurred by the Town during the subdivision review process.

(3)

Following final approval and execution by the Town, the plat shall be recorded, with due diligence, by the Town at the applicant's expense.

(4)

No building permits will be issued in a subdivision or PUD with a planned fire suppression system unit the fire suppression system is fully functional.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Amended plats may be submitted without a sketch plan or preliminary plat if they meet the below requirements. Five (5) copies of the amended plat shall be filed with the Land Use Administrator.

(1)

The plat, as amended, reduces the number of lots within the subdivision, or the nature of the amendment is de minimus.

(2)

All lots or tracts are adjacent to a dedicated public street.

(3)

The lots are part of a subdivision plat which has been approved and/or accepted by the Town and recorded in the County Records.

(4)

The improvements required by these regulations are already in existence and available to serve each lot, or secured.

(5)

Each lot shall meet the requirements of the applicable zoning regulations without the necessity for any variance, and no variance has been granted within the three (3) previous years. No material changes to prior plat notes, restrictions or easements are proposed.

(b)

The plat shall contain certification on forms approved by the Town, to document approval of the plat, including but not limited to the following:

(1)

The name of the subdivision and the name, address and telephone number of the applicant and his or her representative, if applicable, said information to be included within a title box located on the lower right corner of the plat.

(2)

A certification by a registered land surveyor, attesting to the accuracy of the survey plat and placement of monuments, and compliance with the requirements of this Chapter and state law.

(3)

The name of the surveyor preparing the plat and the date of the plat, said information to be included within a title box located on the lower right corner of the plat.

(4)

A certification of title insurance to the property in the name of those parties.

(5)

A certification of recording to be executed by the County Clerk and Recorder.

(c)

The Land Use Administrator may either approve, disapprove or conditionally approve the amended plat, subject to compliance with any minimum design standards, the dedication of additional rights-of-way, easements, open space or park land or the installation of additional improvements.

(d)

Upon approval by the Land Use Administrator, the amended plat shall be submitted in final form on one (1) reproducible Mylar, with all requisite signatures, and also on electronic media in a digital format, acceptable to the Town and compatible with the Town computer system.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

This Section contains the minimum design standards for the approval of a preliminary or final plat. Deviation from these standards may be considered through an application to the Board during preliminary or final plat review if, and only if, all of the following criteria are met:

(1)

Unusual topography or a hardship exists;

(2)

Alternative standards shall more effectively protect the quality of the subdivision and the public welfare and more effectively achieve the purpose of these regulations;

(3)

Alternative standards shall more effectively implement provisions of the Master Plan; and

(4)

Alternative standards shall more effectively conform to existing improvements within the subdivision, which existing improvements have been previously approved by either the Town or the County in accordance with applicable laws and regulations.

(b)

The following minimum design standards are established for the approval of a preliminary or final plat.

(1)

Geologic hazard areas. The Town shall not approve any subdivision plan if the subdivision is in an identified geologic hazard area unless the applicant can submit adequate evidence that the proposed subdivision meets the following criteria:

a.

Provision is made for disclosure, prior to sales, of all geologic hazards and mitigation procedures undertaken, and for attaching a delineation and description of the geologic hazard and mitigation measures to all deeds, titles and recorded documents involving a transfer of ownership on the subject land.

b.

Provisions are made for the long-term health, welfare and safety of the public, from geologic hazards, to life, property and/or associated investments.

c.

The proposed development shall not create an undue financial burden on existing or future residents of the area or community.

d.

Permitted zones, including public facilities which serve such uses, shall avoid or mitigate geologic hazards at the time of initial construction.

e.

Man-made changes shall not initiate or intensify adverse natural conditions within a geologic hazard area.

f.

The development shall be designed or reviewed by a professional geologist.

(2)

Wildfire hazard areas. The Town shall not approve any subdivision plan if the proposed subdivision is in an identified wildfire hazard area, unless the applicant can submit adequate evidence that the proposed subdivision meets the following criteria:

a.

Any development in which residential activity is to take place shall be designed so as to minimize significant hazards to public health and safety or to property.

b.

Any authorized developments shall have adequate roads for service by fire trucks, firefighting personnel and other safety equipment, and such developments shall have means of reducing conditions conducive to fire.

c.

All precautions required to reduce or eliminate wildfire hazards shall be provided for at the time of the initial development.

d.

The development shall adhere to the Guidelines and Criteria for Wildfire Hazard Areas promulgated by the Colorado State Forest Service.

(3)

Historically significant or archaeologically important areas. Consideration shall be given to the protection and/or retention of identified sites of historical and archaeological importance. Alteration of such sites shall be avoided. Emphasis should be put on reuse of historical structures and the incorporation of these sites into parks or open space. If disturbance of such sites is unavoidable, the applicant shall contact the State Historical Society or other applicable agency or organization and allow it an opportunity to preserve the site or move the improvements or artifacts before alteration takes place.

(4)

Wildlife habitat. Consideration shall be given to the anticipated effects of the subdivision on wildlife, fisheries and critical wildlife habitat. As a minimum, the following criteria shall be considered:

a.

Significant and lasting pollutants or poisons shall not be introduced into fisheries.

b.

The social and/or economic benefits of the subdivision shall be sufficient to offset economic and social benefits of wildlife and fish that shall be forgone.

c.

All practical measures shall be taken to prevent or mitigate the adverse effects of the development on wildlife.

(5)

Streets.

a.

The applicant shall be required to make and install improvements to existing streets within and abutting the subdivision, and/or other areas outside the subdivision or any filing thereof being considered, when the subdivision and developments thereof shall directly create a need for said improvements outside the subdivision itself, or a need to expand or improve existing public improvements to current standards in order to properly serve future residents of the subdivision; or, if the applicant or his or her predecessors of interest, by virtue of their actions and the timing and scope of developing the subdivision or other property, have created a situation where the needed improvements were not previously improved or installed. It shall be presumed that existing streets and sidewalks directly abutting the subdivision shall be improved to current Town standards in order to properly serve the subdivision.

b.

In those cases where the Town determines that the immediate improvements of the abutting street, or other on-site or off-site improvements, is not currently practical or should be delayed, or the costs of such improvements should be shared with additional property likely to use and be benefited by the improvements, the applicant may be allowed to execute recordable covenants on the plat, or separately in a form provided by the Town, binding the lots to an improvement district for the construction of such improvements.

c.

Street connectivity is encouraged and cul-de-sacs are discouraged. Where permitted, a cul-de-sac shall terminate in a circular turn-around having a minimum right-of-way of at least one hundred (100) feet in diameter and a paved turn-around with a minimum outside diameter of eighty (80) feet. Cul-de-sacs shall be located at least forty (40) feet from intersections.

d.

Temporary dead-end streets which extend for a distance greater than the depth of one (1) abutting lot, shall be provided with a temporary turn-around having an inside diameter of at least eighty (80) feet.

e.

Alleys shall be provided at the rear of lots within the commercial zoning districts, or as otherwise approved by the Town. Alleys shall be twenty (20) feet in width and may be required to be paved.

f.

Whenever a new street is proposed along the edge of the subdivision, the entire street shall be dedicated and improved within the subdivision.

g.

All streets, alleys, sidewalks and other public ways shall be dedicated to the Town.

h.

The minimum dedicated street right-of-way shall be as shown in Table 16-3 below. An applicant may request a reduction of the minimum street right-of-way requirements, provided that the applicant submits evidence demonstrating that a reduction in the requirements would:

1.

Improve the overall site design;

2.

Maintain pedestrian and vehicular access;

3.

Provide for adequate on-street parking; and

4.

Be compatible with connections to existing streets and public rights-of-way.

Any reduction in street right-of-way requirements shall be approved by the Board of Trustees upon a recommendation from the Planning Commission.

Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

Table 16-3. Street Right-of-Way Requirements

i.

Subdivisions which include any part of an existing platted street, and do not conform to the minimum right-of-way requirements of these regulations, may be required to provide additional width necessary to meet the minimum right-of-way requirements of these regulations.

j.

All subdivisions shall adhere to the following access standards:

1.

Any development exceeding two hundred fifty (250) ADT or twenty-five (25) units shall have a minimum of two (2) fully platted ingress/egress points (dedicated right-of-way), or one (1) fully platted ingress/egress point, plus a secondary access point for emergency vehicles.

2.

Any development exceeding three hundred fifty (350) ADT or thirty-five (35) units shall have a minimum of two (2) fully platted ingress/egress points.

3.

Any development exceeding seven hundred fifty (750) ADT or seventy-five (75) units shall have a minimum of three (3) fully platted ingress/egress points.

4.

For phased developments, secondary access shall be installed at, or prior to, the time at which the total number of units served by a single access exceeds twenty-five (25) units.

k.

All lots in the subdivision shall have direct access to a dedicated street, subject to the following exceptions:

1.

Private access drives, subject to Town specifications, may be approved for subdivisions with a total of six (6) or less units in residential zoning districts.

2.

Reciprocal access easements may be approved to accommodate subdivisions with multiple commercial units with a contiguous parking area in commercial zoning districts.

l.

Street names shall be approved by the Town. The plat should include street names which shall comply with the roadway naming guidelines shown below and shall not duplicate any previously platted street names within the Town, unless the new street is a continuation of an existing alignment. A logical, systematic pattern of street names should be developed for each subdivision or development to assist in locating a desired street. For instance, names starting with progressive letters of the alphabet (i.e., Apple Court, Brookhill Drive, Capricorn Street, etc.) might be assigned to streets taking off from the principal streets running through a subdivision. Suffixes of North, South, East and West could be helpful in many circumstances. A name assigned to a street or avenue should not be used for a court or drive. "Mall," "terrace," "lane" and other suffixes not set forth below are generally not appropriate and should not be used. Table 16-4 outlines acceptable suffixes for new roadways.

Table 16-4. Guidelines for Naming New Roadways

m.

No more than two (2) streets shall intersect at any point. Intersections shall be as near as practicable to ninety (90) degrees. A street shall have a minimum straight distance of one hundred (100) feet from the intersection before it may be curved.

n.

A straight section of one hundred (100) feet shall be provided between reverse curves on all streets.

o.

Any two (2) streets which intersect a common third street shall have centerlines no closer than one hundred twenty-five (125) feet from one another.

p.

The length of local streets between intersections shall be subject to a maximum of one thousand five hundred (1,500) feet.

q.

No street grade shall be less than one-half of one percent (0.5%) or exceed the maximum grade as shown in Table 16-5 below.

Table 16-5. Street Grade

(6)

Sidewalks.

a.

Six-foot-wide sidewalks shall be provided along arterial roads.

b.

Four-foot-wide sidewalks, or walking/bicycle paths, shall be provided along collector and local streets.

c.

Sidewalks shall be located and constructed, as necessary, to interconnect the subdivision and lots therein with the network of Town sidewalks, recreation paths and trails.

d.

The Town may require any sidewalk to be wider than those standards set forth herein, upon a finding that greater widths are necessary to serve the subdivision, due to: high density of the subdivision; special needs of the residents of the subdivision; or consistent interconnections with the network of Town sidewalks, recreation paths and trails.

e.

In those instances where an applicant is required to provide six-foot sidewalks on both sides of a street, the Town may elect to have the applicant provide, as an alternative, an eight-foot sidewalk on one (1) side and a four-foot sidewalk on the other.

f.

The Town may elect to require over-sizing of any sidewalk and participate in cost-sharing thereof.

g.

Accessibility ramps shall be provided in accordance with the Americans With Disabilities Act.

(7)

Blocks and lots.

a.

In residentially zoned districts, blocks shall be wide enough to permit two (2) lots between lengthwise streets.

b.

Lots which abut a street in both the front and the rear shall be avoided, except where a railroad right-of-way or an arterial street is located to the rear of the lot, in which case such a lot shall have a minimum depth of one hundred twenty-five (125) feet.

c.

Every lot shall front on a designated collector or local street, subject, however, to the following exceptions:

1.

Private shared access drives accessing more than one (1) dwelling unit may be allowable, subject to Town approval, in subdivisions containing a total of six (6) or less dwelling units in a residential zoning district.

2.

Private access easements may be provided, subject to Town approval, in subdivisions within commercial zoning districts across parking lot areas.

d.

No residential lot shall front on an arterial street. No access shall be permitted directly from a residential lot to an arterial street.

e.

The building line for residential lots on collector streets shall be set back twenty-five (25) feet from the front property line.

f.

The building line on corner lots shall be set back twenty-five (25) feet from both street front property lines.

g.

Lots shall be at least fifty (50) feet in width at the front building line. Lots abutting cul-de-sacs shall have at least twenty-five (25) feet of linear frontage to the cul-de-sac.

h.

The lot depth shall not be more than three (3) times the lot width at the front building line.

i.

Access drives and intersections shall comply with Town access standards. In addition, any access onto County roads shall comply with applicable County regulations and accesses onto state and federal highways shall comply with applicable regulations.

(8)

Parks, open space and trails.

a.

Unless otherwise approved, parks and trails shall be developed in accordance with Town standards and specifications; be available for use by the public; and be dedicated to the Town.

b.

When authorized by the Town, the required dedication of developed park land may be partially or wholly substituted by alternative dedication and/or preservation of open space areas, such as riparian habitat, wetlands habitat, wildlife habitat and view corridors.

c.

For the purpose of these provisions, developed park land shall require submittal of a park plan and approval by the Land Use Administrator, which plan shall address grading and topsoil preparation, the irrigation system, park access and landscape planting.

d.

Recreation paths and trails shall have a minimum width of eight (8) feet of concrete surface and shall have two-foot gravel-recovery areas on each side. Recreation paths with alternative surfaces and narrower widths may be approved in those instances where such trails are secondary to existing or proposed concrete recreation paths and do not serve as connectors to the Town recreation path systems.

e.

Recreation paths and trails shall be integrated with existing and planned sidewalks, paths and trails, in accordance with Master Plan. All recreation paths and trails shall conform to the Americans With Disabilities Act. Natural watercourses shall be integrated with Master Plan for such watercourses, whenever feasible. Parks, open space and trails shall be sited in floodplains instead of developed lots when reasonable to do so.

f.

The applicant shall dedicate parks, open space and/or trails in an amount roughly proportional to the impact of the site development upon such facilities and/or services, or the increased need for them brought about by the development. The applicant shall take into consideration the following criteria:

1.

The size and the density of the proposed development and its relationship to the site's total square footage.

2.

The projected additional population associated with the proposed development.

3.

The projected need generated by the development for parks, open space and/or trails with landscaping that is native to and complements the area, the provision of which is not covered by other requirements herein.

g.

In lieu of dedicating parks, open space and trails, or any portion thereof that may be required, the applicant may make a payment to the Town of a sum of money to be determined by the Town, in accordance with the criteria set out above, based upon either the fair market value of a percentage of the acreage; a flat fee per lot or tract; or, in the case of any other method, such basis as may be agreed upon between the Town and the applicant. All moneys collected by the Town shall be deposited in an interest-bearing account which clearly identifies the category, amount or fund of capital expenditure for which the moneys were collected. Each such category, account or fund shall be accounted for separately. Any interest or other income earned on such moneys shall be credited to the account. In determining the amount of open space to be dedicated, the Town will consider the developer's input, needs and desires specific to the development in terms of their cohesiveness with the Master Plan and their overall impact on such appropriate factors as environmental, commercial and residential.

(9)

Public utilities.

a.

All utilities shall be installed underground unless the Land Use Administrator determines that soil or topographic conditions make that impracticable.

b.

Utilities shall be installed prior to the paving of any street under which they are to be located, and the individual service lines shall be connected and stubbed out prior to paving, in order to avoid the necessity of cutting into the pavement to connect any abutting lots.

c.

Utilities shall be sized and place as necessary, to facilitate connection with future subdivisions and developments.

d.

A water system shall be designed in accordance with CDPHE design criteria. The water system shall be dedicated to the Town. All water rights (including certificates of augmentation) associated with the property to be developed and the operating water system shall be assigned to the Town.

e.

The South Fork Water and Sanitation District's sewer systems shall be provided, when available, to the subject property. In cases where a proposed residential subdivision or PUD is outside of the SFWSD boundaries, or where the SFWSD water and sewer systems are not available, the Board of Trustees, at its discretion, may authorize the use of engineered Individual Sewage Disposal Systems (ISDS) on lots of a minimum size of two and one-half (2½) acres. In making a determination for the use of ISDS, the Board of Trustees shall consider such factors as engineering feasibility and environmental impact. Where authorization for the use of ISDS is granted, the applicant shall be required to install, or provide a performance guarantee for, the necessary infrastructure to be eventually connected to the SFWSD system when that system become available.

f.

All extension of the SFWSD utilities shall require SFWSD approval and proper execution of the SFWSD utility extension agreements. The extension of utilities shall be at the sole expense of the applicant.

g.

Prior to any installation or construction of utility extensions, the applicant shall first submit proposed alignment location maps and engineered drawings for Town approval. The applicant shall acquire all necessary easements for the proposed utility location from all affected properties. The easements shall be conveyed to the Town and executed on applicable Town forms.

h.

All utility extensions shall be subject to inspection and approval by the Town and the SFWSD.

i.

All utility main line extensions, once approved by the Town and the SFWSD, shall be dedicated to the SFWSD, with applicable utility easements. As-built plans and data shall be provided on hard copy in accordance with these provisions, and on electronic media in a digital format compatible with the SFWSD computer systems.

j.

Subdivisions and PUDs installing new utility services, including sewer and water, must provide each platted property with an installed access connection to the main water and sewer lines at a distance of no less than twenty-five (25) feet from the center of the roadway, and furthermore must comply with the Town and/or SFWSD's design specifications.

k.

Following the completion of any utility extension and submission of as-built plans, the Land Use Administrator and a SFWSD representative shall conduct an inspection, and, if the improvements are in accordance with the requirements of these and other applicable regulations and good engineering and construction standards, shall issue a certificate of completion. For a period of one (1) year thereafter, the applicant shall be responsible for correcting all defects and failures which appear in such improvements. At the end of said one-year warranty period, the improvements shall again be inspected by the Land Use Administrator and a SFWSD representative and, upon final approval, may be accepted by the Town and the SFWSD.

(10)

Monuments. Subject to approval, monuments shall be set in concrete and placed at all corners of all street intersections, at the intersections of the boundary of the subdivision with street right-of-way lines, at angle points and points-of-curve in each street, and at points of change in direction of the exterior boundaries of the subdivision. The top of the monument shall have a metal cap, set flush, to identify the location. All lot corners shall have monuments set with a minimum of a #5 rebar eighteen (18) inches in length and a metal cap.

(11)

Street lights.

a.

In all subdivisions, except for Rural Residential Zone Districts, streetlights shall be provided at all intersections and at intervals between intersections, in accordance with Town specifications.

b.

In Rural Residential Zone Districts, streetlights shall only be required at street intersections, with no interval requirements.

c.

Street lighting shall consist of fully-shielded, high pressure sodium (HPS) fixtures or alternative designs and wattage, as approved by the Town.

(12)

Street trees. Street trees shall be planted uniformly along both sides of a street, according to the following requirements. Street tree requirements may be waived at the discretion of the Town if water requirements are shown to exceed feasible allotments, according to Subsection 16-4-50(17)c. of this Chapter.

a.

Number of trees. One (1) tree shall be provided for every forty (40) feet of street frontage for large trees, and for every twenty-five (25) feet of street frontage for medium trees. Variations to this requirement may be provided, upon consideration of driveway or parking access and utility easements.

b.

Size of trees. All trees required under this Chapter shall mature to a minimum height of twenty-five (25) feet. Trees shall be planted at a size no less than a three-inch trunk caliper at their widest point and/or a minimum height of five (5) feet from the ground.

c.

Species of trees. Planted trees are required to be drought-tolerant and/or indigenous to the ecology in and surrounding the Town. The following is a list of species that may be planted, unless otherwise approved by the Town.

Table 16-6. Tree Species

*Branches sprout down to ground level.

d.

Location. Trees shall be located at a distance no greater than ten (10) feet from the boundary of the street right-of-way. No tree shall be planted nearer than thirty (30) feet from two (2) intersecting streets.

e.

Tree care. Tree care shall be the responsibility of the property owner. If a tree fails to survive, the property owner shall incur the expense of replacing the tree. Replacement trees are required to be planted upon the arrival of the next planting season. Replacement trees shall be planted at a size no less than a three-inch trunk caliper at their widest point and/or a minimum height of five (5) feet from the ground.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Improvements shall be constructed in accordance with the minimum standards set forth below, or in accordance with other applicable Town ordinances or regulations. All public and private improvements shall be in substantial conformity with the preliminary plat, as approved and the Master Plan and amendments thereto; and in accordance with good engineering and construction practices. All plans shall be approved by the Land Use Administrator. All subdivisions and improvements shall be in substantial compliance with the Master Plan.

(b)

All subdivisions shall provide, at the expense of the applicant and subject to applicable zoning criteria, the following public improvements required to serve the subdivision and to mitigate its impacts (if applicable):

(1)

Street improvements.

a.

Paved streets;

b.

Paved alleys, if required by the Town;

c.

Street signs;

d.

Street lights, when required by the Town; and

e.

On-site and off-site traffic mitigation improvements.

(2)

Curbs and gutters if required by the Town.

(3)

Sidewalks and accessibility ramps.

(4)

Parks, open space and recreation trails.

(5)

Public utilities:

a.

A water system, including fire hydrants and fire mains, as required by the Town;

b.

A sanitary sewer system, as required by the SFWSD; and

c.

Other public utilities, including, if available, gas, electricity, telephone and CATV.

(6)

Piped drainage facilities and waterways.

(7)

Survey monuments.

(8)

Off-street parking, mailbox location areas and school bus stops, if applicable.

(9)

Other improvements required as a condition of approval and found to be roughly proportional to the impacts being mitigated. All public improvements shall be subject to applicable Town standards, regulations and/or specifications.

(c)

Following the completion of any required improvements and submission of the as-built plans, the Land Use Administrator shall conduct an inspection, and shall issue a certificate of completion if the improvements are in accordance with the requirements of these and other applicable regulations and good engineering and constructions standards. For a period of one (1) year thereafter, the applicant shall be responsible to correct all defects or failures which appear in such improvements. At the end of said one-year warranty period, the applicant shall request of the Land Use Administrator final inspection of the improvements, which inspection shall be conducted by the Land Use Administrator and, upon final approval, the improvements shall be accepted by the Town or other authorized agency. The warranty shall continue, however, until such acceptance is provided in writing to the applicant.

(d)

All property, improvements and easements dedicated to the Town on any plat shall become property of the Town upon execution of the plat, free and clear of all mortgages, liens and encumbrances. All dedication improvements shall be subject to the one-year warranty, as provided above.

(e)

The applicant may provide, at his or her expense, certain private improvements, as specifically referenced below, to serve the subdivision and to mitigate its impacts and in accordance with duly adopted Town standards and Town approval, as applicable.

(1)

Recreational facilities, parks, open space and trails;

(2)

Piped drainage facilities and waterways;

(3)

Mail box location areas;

(4)

Berms, screening and buffers; and

(5)

Other private improvements required as a condition of approval.

(f)

Such improvements shall be privately owned and/or maintained, and the plat shall contain appropriate restrictions on the use and covenants for ownership and maintenance, in perpetuity, enforceable by the Town, providing for recovery of the Town's costs by lien or assessment against the property in the subdivision. Such improvements shall be completed or secured similar to public improvements prior to final plat approval.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Completion of improvements prior to final plat. Before the final subdivision plat is signed by the Chairman of the Planning Commission, all applicants shall be required to complete, in accordance with the Planning Commission's decision and to the satisfaction of the Town of South Fork's Engineer, all the street, and other public improvements, including lot improvements on the individual lots of the subdivision, and all sanitary sewer improvements to the satisfaction of the Engineer for the South Fork Water and Sanitation District, as required in these regulations, specified in the final subdivision plat and as approved by the Planning Commission, and to dedicate those public improvements to the Town of South Fork free and clear of all liens and encumbrances on the dedicated property and public improvements unless the town, in writing, allows the developer to retain ownership and maintain responsibility for such streets and improvements. The applicant shall covenant to maintain each required public improvement for a period of two (2) years following the acceptance by the governing body of the dedication of that completed public improvement and also shall warrant that all required public improvements will be free from defect for a period of two (2) years following the acceptance by the governing body of the dedication of the last completed public improvement. In the event that the town allows the developer to maintain ownership and maintenance responsibility for said improvements, said improvements shall, nevertheless be constructed in accordance with town standards and subject to the same inspection and certification as public improvements. If the applicant elects to complete the subdivision in phases, then applicant shall submit a phased development plan to the town. The Planning Commission may approve the phased development plan but approval of such plan shall not indicate approval of any of such phases other than the phase or phases for which completion of improvements described in this paragraph is mandated which shall only be accomplished by separate and specific approvals.

(1)

Said security shall be in the form of:

a.

A subdivision lien agreement placing an adequate lien upon the lots of the subdivision, with an escrow account with the Town into which the applicant shall pay, prior to the sale of any lot within the subdivision, an amount to be verified by the Land Use Administrator, equal to one hundred fifty percent (150%) of the pro rata cost to complete the subdivision improvements necessary to serve that lot; or

b.

A cash escrow deposited with the Town or a clear irrevocable letter of credit in the amount to be certified by the Land Use Administrator, equal to one hundred fifty percent (150%) of the pro rata cost, to complete the subdivision improvements necessary to serve that lot.

c.

Any other similar security which is to be defined and stipulated in the Subdivision Improvements Agreement and proposed to the Town in the preliminary plat.

(2)

Funds in any escrow account shall be returned to the applicant upon the completion and acceptance by the Town of the subdivision improvements.

(3)

Security shall be required for cash in lieu of payments relative to park, open space and trail dedications, and such payments shall be collected upon issuance of building permits relative to subdivision lots or units.

(b)

Completion date; extension. The applicant shall complete all improvements within two (2) years of the approval of the final plat by the Board of Trustees. In the event that all required improvements are not completed, inspected and approved within two (2) years of the date of the approval of the final plat by the Board of Trustees, no further building permits, occupancy permits, water taps or sewer taps shall be allowed by the Town in such subdivision until such improvements are completed. The Board of Trustees may authorize extensions of time to complete all improvements beyond the two-year limitation as set forth herein Such extension shall not exceed one (1) year as per Section 24-68-104, C.R.S.

(c)

Subdivision improvement agreement and guarantee.

(1)

Failure to complete improvement. For subdivisions for which no subdivision improvement agreement has been executed and no security has been posted, if the improvements are not completed within the period specified by the Planning Commission in the resolution approving the plat, the sketch plat or preliminary plat approval shall be deemed to have expired. In those cases where a subdivision improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the Town may then:

a.

Declare the agreement to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the agreement is declared to be in default;

b.

Suspend final subdivision plat approval until the improvements are completed and record a document to that effect for the purpose of public notice;

c.

Obtain funds under the security and complete improvements itself or through a third party;

d.

Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete improvements in the subdivision;

e.

Exercise any other rights available under the law.

(2)

Acceptance of dedication offers. Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by ordinance of the Town of South Fork. The approval of a subdivision plat by the Planning Commission, whether sketch, preliminary or final, shall not be deemed to constitute or imply the acceptance by the Town of any street, easement, or park shown on plat. The Planning Commission may require the plat to be endorsed with appropriate notes to this effect.

(3)

Costs of improvements. All required improvements shall be made by the developer, at its expense, without reimbursement by the Town of South Fork.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))

(a)

Legislative declaration. Development within the Town is expected to necessitate extension of the Town's general governmental services, such as, but not limited to, public safety services, administration, community development, road maintenance, including snow removal, and improvements, and recreation and other services. The cost to extend such services to the development within the Town, compared to the Town's revenues generated therefrom, is expected to result in a net general fund deficit. The district, using authorized means and according to the revenue-generating formula described herein, shall be further authorized to raise revenues to eliminate such deficit without burdening the existing community.

(b)

Fiscal impact analysis. All major subdivisions shall be required to undertake a twenty-five-year fiscal impact analysis, at the property owner's expense, that projects the impacts of the proposed development or land use change. The fiscal impact analysis will perform a marginal costing analysis recognizing the excess or deficiency capacity of the Town to serve its current residents and maintain existing public improvements and service levels.

(c)

Creation of the general improvement district. In exchange for acceptance and dedication of a roadway, sidewalk or other public improvement or infrastructure, the property owner shall be required to form and participate in a general improvement district to offset the general fund deficit. The general improvement district shall contract with the Town for the performance of its services and obligations.

(d)

Authority of general improvement district. The general improvement district shall be authorized to undertake, acquire, construct, install, operate or maintain public roadways, streets, sidewalks and other public improvements or services as defined by Section 31-25-602(1), C.R.S., benefitting the residents and property owners within the general improvement district. The general improvement district shall be authorized to levy and collect a property tax as set forth below. The general improvement district shall not be empowered to assess fees, rates, tolls, penalties or other charges in lieu of the property tax.

(e)

Revenues. The Board of Trustees shall determine the amount of money necessary to be raised by a levy on the taxable property in the general improvement district, taking into consideration the revenues required for services and improvements to be provided by the general improvement district and to otherwise offset the Town's general fund deficit. Such revenue shall be derived from an ad valorem property tax mill levy not the exceed thirty (30) mills, subject to automatic adjustment if, beginning in 2009, the laws of the State change with respect to the assessment of property for taxation purposes, the ratio for determining assessed valuation changes, or other similar changes occur (Gallagher Amendment). The general improvement district shall not be empowered to assess fees, rates, tolls, penalties or other charges in lieu of the property tax.

(f)

Notice to subsequent property owners. The property owner agrees to notify all individual lot owners in writing, at purchase, of the existence of the general improvement district and the ad valorem property tax. The plat shall also indicate the existence and inclusion of the property within the general improvement district.

(Ord. No. 09-02; Ord. No. 17-08, § 1, 1-23-2018 (2018 Codification))