Subdivision regulations are essential for orderly and controlled development within, and adjoining, the City. These regulations ensure that development is consistent with community plans and is constructed to established and required standards. These standards also ensure quality, safety and the overall welfare of property owners and citizens or customers who use or frequent these developments.

(Ord. No. 500, § 1, 8-11-2016)

Subdivisions shall meet the following general requirements:

1.

To be subdivided, land shall be of such character that it can be used safely for development purposes without unnecessary danger to health or peril of fire, flood or other menace.

2.

Land may not be subdivided until proper provision has been made for paving, drainage, water, wastewater, public utilities, capital improvements, parks, recreation facilities and rights-of-way for streets, transportation facilities and improvements, except as specifically provided by this Chapter.

3.

No subdivision shall be created that does not create a legal lot in the zone district in which it is located, unless a lot smaller than a legal lot in the zone district is acquired by a public entity.

4.

No building shall be erected on any property unless the property is part of a subdivision approved in accordance with this Chapter or prior subdivision regulations of the City, or by agreement with the City.

5.

No person shall sell, exchange or offer for recordation land required to be subdivided under this Chapter, or offer for recordation any deed conveying a parcel of land, unless a subdivision plat has been approved and recorded in accordance with this Chapter.

6.

Subdivisions shall include evidence that provision has been made for electrical and natural gas facilities, easements and rights of access necessary to the subdivision.

7.

Subdivision plats for the entire subdivision or filing thereof may be phased by the applicant if the phasing sequence is disclosed and identified on a map or the development schedule for the development.

(Ord. No. 500, § 1, 8-11-2016)

A.

The applicant shall submit a subdivision plan containing the information specified in Section 16-20-60 below, along with the application fee pursuant to the City's Fee and Fine Schedule . Staff will review the application and notify the applicant of completeness within 15 days of submittal. Complete applications will be considered by the City Council within 45 days of staff's determination of completeness, unless the City determines that additional review is required.

B.

The City may have the subdivision plan and supporting documentation and reports reviewed by registered professionals for conformance with City standards and regulations. Fees associated with these reviews must be paid by the applicant. Additional review time may be required in these cases.

C.

The City may distribute copies of the subdivision plan and supporting documentation to the County Planning Department, the School District, the gas, power and telephone utility companies, the City Fire Department, the State Department of Transportation, other applicable City departments and State or federal agencies, as deemed necessary or appropriate. Additional review time may be required in these cases.

D.

City staff will prepare a report detailing its review findings and include any reports from review professionals. The report shall provide development information and detail compliance with all applicable City requirements, regulations or standards.

E.

After compliance with Section 16-10-40, at a public hearing, the City Council shall review the subdivision plan, supporting documentation and City staff report and determine whether the plan complies with all City requirements, regulations and standards. The City Council may continue the public hearing as it deems necessary. The City Council shall approve, conditionally approve or deny the subdivision plan within 45 days of concluding the public hearing on the application.

(Ord. No. 500, § 1, 8-11-2016; Ord. No. 504, § 28, 7-19-2018)

A.

A lot previously created by a subdivision plat which has been approved and accepted by the City and recorded in the records of the County Clerk and Recorder may be subdivided if the criteria of this Section is fulfilled and City approval is granted.

B.

The following may apply for an allowable lot split:

1.

Any parcels created by the split, whether consisting of separately described lots or parts of lots, shall comply with the minimum design standards of these regulations for lots, and with the applicable dimensional requirements of this Chapter.

2.

The deed or other instrument creating the split shall reserve and be subject to existing easements.

C.

A property owner seeking to split a lot by deed or other instrument shall submit an application, applicable fee, deed or other instrument to the City for review. City staff shall determine if the application is complete and if the split will be in compliance with the criteria of this Section. Staff will notify the applicant of completeness within 15 days of submittal. Complete applications will be reviewed by the City Council within 45 days of staff's determination of completeness. Additional review time will be required for applications requiring professional review.

D.

City staff may require an improvements survey to be submitted if necessary to determine if the criteria of this Section have been met prior to consideration by the City Council.

E.

After compliance with Section 16-10-40, at a public hearing, the City Council shall consider the lot split application, supporting documentation, and the City staff report, and shall approve, conditionally approve or deny the lot split. The hearing may be continued from time to time as the City Council deems necessary.

F.

The deed shall be recorded with the County Clerk and Recorder, following approval by the City. An electronic copy of the recorded deed shall be supplied to the City. All recording and filing costs shall be paid by the property owner or representative.

(Ord. No. 500, § 1, 8-11-2016; Ord. No. 504, § 29, 7-19-2018)

A.

Lot line eliminations reduce the number of separately described contiguous parcels of property and may be approved and recorded pursuant to this Section in lieu of other procedures for subdivisions provided in these regulations.

B.

Amended plats of subdivision plats previously approved by the City, or parts of such plats, which do not make or require a material change in the extent, location or type of public improvements and easements provided, may be submitted, approved and recorded in accordance with the provisions of this Section in lieu of other procedures provided for subdivisions by these regulations.

C.

Requirements.

1.

Lot line eliminations.

a.

Applications for lot line eliminations shall include a plat marked clearly on an 8.5"×11" or 11"×17" sheet of paper and shall include:

(1)

The title centered across the top of the page to reflect the request, such as "Lot Line Elimination Exhibit," followed by a legal description of the subject property.

(2)

Reproduction of the lot lines to be eliminated;

(3)

North arrow;

(4)

Minimum one-half-inch margins;

(5)

Preparation date and dates of revisions, if applicable;

(6)

Labeling of the proposed new physical address and legal description.

b.

Staff will review the application and notify the applicant of completeness within 15 days of submittal. Complete applications will be reviewed by the City Council within 45 days of staff's determination of completeness. Additional review time will be required for applications requiring professional review.

2.

Amended plat.

a.

Applications for amended plats shall meet the criteria specified for subdivision plats. Staff will review the application and notify the applicant of completeness within 15 days of submittal. Complete applications will be reviewed by the City Council within 45 days of staff's determination of completeness. Additional review time will be required for applications requiring professional review.

b.

All amended plats shall conform to the applicable requirements for subdivision plats as provided in this Article, including the minimum design standards, and shall conform to applicable dimensional requirements of this Chapter.

D.

After compliance with Section 16-10-40, at a public hearing, the City Council shall consider the amended plat application, supporting documentation and the City staff report and shall approve, conditionally approve or deny the lot line elimination or amended plat. The hearing may be continued from time to time as the City Council deems necessary. No public hearing is required for a lot line elimination and Council may approve, conditionally approve or deny a lot line elimination after review of the supporting documentation.

E.

The plat shall be recorded with the County Clerk and Recorder following approval by the City. No plat shall be recorded or signed by City staff until all conditions associated with approval have been satisfied. An electronic copy of the recorded plat shall be supplied to the City. All recording and filing costs shall be paid by the property owner or representative.

(Ord. No. 500, § 1, 8-11-2016; Ord. No. 504, §§ 30, 31, 7-19-2018)

A.

The subdivision plat shall be an engineered drawing prepared to normal engineering tolerances of accuracy. The plat shall be drawn in permanent ink on Mylar, with dimensions of 24 inches by 36 inches, and shall be at a scale of one inch equals 100 feet. The subdivision plat shall show the following:

1.

Primary control points or descriptions and "ties" to control points for all dimensions, angles, bearings and similar data on the plat.

2.

Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, radii, arcs and central angles of all curves. All dimensions, both linear and angular, shall be determined by an accurate control survey in the field, which must balance and close within a limit of one in 10,000. No subdivision plat showing plus or minus dimensions will be approved.

3.

Total acreage and surveyed legal description of the subdivision, including total acreage of public streets, alleys and other property dedicated for public use.

4.

Location, dimensions and purpose of any easements.

5.

Numbers and/or letters to identify each parcel, tract, block or lot.

6.

Purpose for which sites, other than residential lots, are dedicated or reserved.

7.

Location and description of all survey monuments, both found and set.

8.

The location of water courses, including lakes, swamps, ditches, floodways, flood-prone areas; and the location of existing utility lines, pipes, poles, towers, culverts, drains and drainage ways.

9.

Reference to recorded subdivision plats of adjoining platted land by record name, date and number.

10.

Signature and seal of the Colorado registered land surveyor, certifying to the accuracy of the survey and plat, including a statement explaining how bearings, if used, were determined.

11.

Signature block for certification of approval by the City Council, with signature by the Mayor for City Council.

12.

A certificate of ownership and statement by the owner and applicant dedicating streets, rights-of-way, easements and public sites, properly executed and notarized.

13.

Title under which the subdivision is to be recorded, scale, north arrow and date.

14.

Boundaries of the 100-year floodplain and floodway. Five-foot elevation contours at a minimum and the boundaries of the 100-year floodplain and 100-year floodway.

15.

Plat notes and restrictions as appropriate to implement compliance with this Section and all conditions of approval, which may include criteria necessary to implement this Code's requirements for all outdoor lighting to be shielded so that the light source is not directly visible from off the premises.

16.

A vicinity sketch map.

17.

The City's certificate for recording and a certificate of recording to be executed by the County Clerk and Recorder.

18.

Such other certificates, affidavits or endorsements as may be required by the City Council in the enforcement of these regulations.

B.

Accompanying the subdivision plat shall be the following:

1.

Complete engineering plans and specifications for all improvements to be installed, including water and sewer utilities, streets and related improvements, bridges, storm drainage and other required improvements.

2.

Clearance record showing approval by utility companies.

3.

Protective covenants in a form for recording.

4.

Documentation demonstrating ownership of the property as may be determined by the City in its sole discretion.

(Ord. No. 500, § 1, 8-11-2016; Ord. No. 504, §§ 32, 33, 7-19-2018)

A.

New subdivisions . Street and utility improvements shall be provided in each new subdivision in accordance with the standards and requirements of the City and at the expense of the applicant.

B.

Minimum specifications . The subdivision improvements agreement shall, at a minimum, set forth construction specifications for required public improvements, provide dates for completion of the improvements and identify the terms and conditions for the acceptance of the improvements by the City. It shall also provide for such financial assurance as necessary to ensure the proper and timely installation of improvements.

1.

A subdivision improvements agreement on forms approved by the City shall be recorded with any subdivision plat for all subdivision improvements. The applicant may wish to have the subdivision plat approved prior to the installation, inspection and approval of all required improvements; however, financial instruments must be provided to guarantee the completion of all improvements within four years after approval of the subdivision plat and incorporated into the subdivision improvements agreement. Financial instruments shall be in the form of the following:

a.

A subdivision lien agreement, which includes an adequate lien on subdivided lots with an escrow account with the City into which the applicant shall pay, prior to the sale of any lot in the subdivision, an amount to be verified by the City (with cost estimates provided by the applicant), equal to 150 percent of the pro rata cost to complete the improvements necessary to serve that lot; or

b.

A cash escrow deposited with the City or a clean irrevocable letter of credit in an amount to be verified by the City (with cost estimates provided by the applicant) equal to 150 percent of the pro rata cost to complete the subdivision improvements necessary to serve the subdivision.

2.

Funds in any escrow account shall be returned to the applicant upon the completion of the improvement secured, submission of record drawings and acceptance by the City.

3.

The applicant shall complete all improvements by any stated completion date or within four years of the approval of the subdivision plat by the City. In the event that all required improvements are not completed, inspected and approved within four years of the date of the approval of the subdivision plat by the City, the City may withhold further building or occupancy permits, water taps or sewer taps in such subdivision until such improvements are completed. It shall then be unlawful to sell any further lots in the subdivision until all improvements are completed. The City may take any other lawful action to enforce completion of the improvements.

4.

The City Council may authorize extensions of time to complete all improvements beyond the four-year limitation as set forth herein.

C.

Right-of-way improvements . Bridges, culverts, open drainage channels and satisfactory surfacing shall be provided on each right-of-way in each subdivision. Such improvements shall be constructed to City specifications.

D.

Utility improvements . The following utility improvements shall be installed in each new subdivision in accordance with City specifications.

1.

Storm drainage system. Conduits, drains, ditches, storm sewers and other drainage improvements may be required where deemed necessary by the City.

2.

Potable water system. The potable water system shall be connected to the water system of the City. Construction details shall be in accordance with any specifications promulgated by the City. All water system installation shall be subject to this Code and the City of Victor Water and Wastewater Rules and Regulations.

3.

Fire hydrants. The City's standard fire hydrants shall be installed.

4.

Sanitary sewage system. The sanitary sewage system shall be connected to the sanitary sewage system of the City and shall be of sufficient size and design to collect all sewage from all proposed or probable structures in the development. Connections to the sanitary sewage system shall be governed by this Code and the City of Victor Water and Wastewater Rules and Regulations.

5.

Telephone and electric service. Telephone and electric service lines, television cables and similar utility installations shall be placed underground. Electric transmission and distribution feeder lines and communications trunk and feeder lines and appurtenances necessary thereto may be placed above ground. Transformers, switching boxes, terminal boxes, meter cabinets, pedestal ducts and other facilities necessarily appurtenant to underground utilities may also be placed aboveground.

6.

Permanent reference monuments made of stone, metal or concrete.

7.

Street signs, stop signs or similar traffic control devices.

8.

Street lights. All street lights must be shielded so that the light source is not directly visible off the premises.

9.

Curb, gutter and sidewalks. Curb and gutter shall be provided along paved streets and where required by City specifications. Concrete sidewalks shall be provided along all abutting streets except when the City Council determines that a sidewalk is necessary on only one side of a local street because of the shortness of the street, unusual topographical factors or other circumstances which alleviate the need for such sidewalk. In those cases where the proper grade of the sidewalk cannot be determined, the City Council may authorize the execution and recording of an agreement on forms provided by the City to join in an improvement district to install the sidewalk at such time as sidewalk construction becomes feasible instead of immediate construction.

10.

Parks, open space, bike paths, pedestrian and recreation trails.

11.

Improvements to mitigate identified natural hazards.

12.

Offsite improvements, when it is determined by the City Council that such are necessary to serve the subdivision, mitigate the impacts of the subdivision or provide for the public health and safety, shall be provided at the expense of the applicant.

(Ord. No. 500, § 1, 8-11-2016)

A.

Minimum standards . All improvements shall be constructed in accordance with the minimum standards set forth below and other applicable City ordinances or regulations. All public and private improvements shall be in substantial conformity with the approved subdivision plan, this Code and amendments hereto, and in accordance with standard engineering and construction practices.

B.

Deviations . The City may allow a deviation from these design standards under the following circumstances:

1.

The deviation is not intended to merely reduce the cost to the applicant, will not adversely affect the quality of the subdivision or the public health, safety and welfare, and will not undermine the purposes of these regulations or be substantially inconsistent with this Code; and

2.

The alternative design is necessary to reasonably accommodate development of unusually shaped parcels or parcels with waterways or other limiting topographical features; or

3.

The alternative design will more effectively implement the purposes of these regulations and the public health, safety and welfare; or

4.

The alternative design is superior in functionality, durability or utility to the City; or

5.

The alternative design will conform to existing adequate public improvements within the subdivision previously approved by the City.

C.

General design considerations .

1.

A proposed subdivision shall comply with this Code.

2.

A subdivision shall be designed such that no undue burden is placed on the City street system, the storm drainage system, other municipal facilities and utilities or services on or adjacent to the property. Site drainage must be addressed and shall not interfere with natural drainage. Mitigation of natural hazards will be required when identified.

3.

A proposed subdivision shall be designed in such a manner as to be coordinated with adjoining subdivisions with respect to alignment of streets and utility and drainage easements, rights-of-way and reservation of open spaces.

D.

Streets and circulation .

1.

Arrangement of streets:

a.

Streets shall be arranged and designed to coordinate with and conform to existing or planned streets, topographic conditions, public convenience and safety, and to accommodate the proposed use of land to be served.

b.

Street arrangement shall provide for the continuation or projection of streets on adjacent land, if appropriate. This requirement shall not be applicable where such extension would be prevented by topography or other physical conditions or where such connection of streets with existing or probable future streets is deemed by the City Council to be unnecessary for the advantageous development of adjacent property.

2.

Closed-end streets. Closed-end streets shall be provided with circular turn-arounds or T-shaped or Y-shaped termini, with minimum dimensions as follows:

a.

Circular turn-arounds shall have a minimum outside right-of-way diameter of 80 feet. A smaller diameter may be allowed if approved by the City Council and shall, at a minimum, be sufficient for turn-around of any vehicle which may reasonably make use of such street and for all fire department vehicles.

b.

A T-shaped or Y-shaped terminus may be provided in mountainside subdivisions as an alternative to the circular turn-around. Where provided, the wings of such T or Y shall be at least 20 feet deep measured from the street boundary and at least 12 feet wide, exclusive of parking spaces.

3.

Intersections. Streets shall intersect as nearly as possible at right angles. No street shall intersect any other street at an include angle of less than 45 degrees.

4.

Minimum public street right-of-way widths shall be as follows:

a.

Streets, including parking, sidewalk, curb and gutter: 60 feet.

b.

Alleys: 25 feet.

5.

Grade of streets.

a.

No vertical grade shall be less than 0.5 percent in order to facilitate adequate drainage.

b.

The maximum percent of street grade shall be ten percent, except as provided in Subparagraph c. below.

c.

The street grade requirement set forth in Subparagraph b. above may be waived by the City upon submission of engineering studies indicating that street construction for the development cannot meet the required grade. The City Council shall not accept such streets for maintenance, and a statement to this effect shall appear on the subdivision plat.

6.

Private streets. Private streets, unless approved by a PUD, shall not be allowed.

7.

Utility easements. Utility easements shall be a minimum of 20 feet centered on lot lines and ten feet on either side of a street, where appropriate.

8.

Lots.

a.

In general, lot area, width, depth, shape and orientation shall be appropriate for the location of the subdivision and use contemplated, and shall be compatible with the terrain and topography. All lots shall conform to this Chapter.

b.

Each lot shall have satisfactory access to a public or approved private street. Satisfactory access must include adequate clearance and slope for emergency vehicle access. If the proposed lot does not abut a public street, the applicant shall provide a 20-foot access easement or right-of-way from the lot to a public street.

9.

Water, fire protection and sewer systems.

a.

Water, fire protection and sewer systems shall be designed by a registered engineer. All improvements shall be of sufficient size and design to adequately supply water, sewer and fire protection to each building to be constructed in the development.

b.

Fire hydrants shall be installed at street intersections, or as necessary, to ensure that no building is located a distance in excess of 300 feet from the nearest fire hydrant.

10.

Drainage.

a.

Drainage systems shall be provided in accordance with the approved subdivision plan. The flow of water shall be directed to natural drainage ways as they exist and utilizing a minimum 20-foot easement. Where water courses or ditches traverse the subdivision, lots and improvements shall be designed and provided to protect against flooding in accordance with the City's Floodplain Regulations.

b.

The storm drainage system shall be of sufficient size and design to transport all developed drainage from within the subdivision or development, while also conveying historic site stormwater or runoff passing through the subdivision or development from adjacent areas.

11.

Hazard mitigation.

a.

Where hazards and/or geologic conditions are identified that could adversely affect the development, the applicant must take the steps necessary to mitigate the hazards and/or geological conditions.

b.

Mitigation shall be in accordance with recommendations made by a registered engineer or qualified geologist. The City reserves the right to refer the recommendations to a professional engineer or qualified geologist or to the Colorado Geological Survey or similar agency for review. The City further reserves the right to impose conditions for required mitigation based upon the recommendations of the agency or individual to which the recommendations are referred.

12.

Snow storage.

a.

All snow storage necessary for the subdivision shall be provided within the subdivision.

b.

For planning purposes, one square foot of snow storage space is necessary for each three square feet of public or private land to be cleared, except public streets.

c.

Such snow storage areas should be graded so drainage for these areas is away from adjacent building sites or other structures and improvements.

d.

Developments are not permitted to address snow storage requirements with snow removal or snow hauling plans.

e.

Snow storage should not interfere with intersection views, traffic or signage.

13.

The City may impose any plat notes as a condition of approval that it deems necessary to address unique concerns of the subdivision or to protect the health, safety and welfare of the inhabitants of the City.

(Ord. No. 500, § 1, 8-11-2016)