HomeMy Public PortalAboutPC Resolution 1998-09-01 Adopting Amended Subdivision Regulations of the Town of Fraserti
TOWN OF ERASER
PLANNING CO1rIIrtISSION
Resolution No. ~aC ~ ~-
A RESOLUTION ADOPTING AMENDED SUBDIVISION REGULATIONS OF THE
TOWN OF ERASER, COLORADO.
WHEREAS, the Town of Fraser Planning Commission has studied
and reviewed proposed amended Subdivision Regulations to be
applicable within the Town of Fraser, Colorado, and to property
within three (3) miles of the Town boundaries respecting a major
~_ ~ street plan; and
WHEREAS, the Planning Commission has held a public hearing
regarding said proposed amended Subdivision Regulations and
considered the comments of the public regarding said Regulations;
and .~
WHEREAS, it appears to the Town of Fraser Planning
Commission that it would be in the best interests of the health,
safety and welfare of the citizens of the Town of Fraser to adopt
the amended Subdivision Regulations that have been prepared.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF ERASER
PLANNING COMMISSION, AS FOLLOWS:
1. That the amended Subdivision Regulations attached
hereto as Exhibit "A", and by this reference incorporated herein
and made a part hereof, shall be and hereby are adopted and
approved, subject to final approval by the Board of Trustees.
2. Said amended Subdivision Regulations shall be applicable
within the corporate limits of the Town of Fraser, Colorado, as
such limits exist from time to time subsequent to adoption of
r_hese amendments, and also applicable, with respecr_ to a major
street plan, to property within three (:s) miles of the corporate
boundaries of the Town of Fraser, Colorado.
3. Thar_ said amended Subdivision Re~xulati-~ns be made
a•/ailable t~_~ r_he public in pamphler_ f~~rrn, at __sr_.
4. That fihe Chair~~ers~n an(~ :~=~~re_ar•.~ ~~~r the Planning
r:~~mlTtl.a^alOn ei!?Cl.lte thla" Resoluti~~n ar~~'j proms'°e~~ With 311 a~~ts
ne,~essary t~~ ~~~~m~~l°tA th° a~~~~~ptl~~n ~~L aaid amended 5~1b~x1.`/1.S1.7ri
Re~~~~1.~r_i~:~n.~ .
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5. Said amended 5u~~divisi,~n kegulati~~ns . riall be effective
thirty (.~0) days after the date of publicar_ion of the Ordinance
of the Enard of Trustees adopting said amended Subdivision
Re~~ulati~_~ns .
UL MOVED, SECONDED AND APPROVED THIS ~}-~j DA`i OF
1 A~•
..
FRASER PLA~~INING COMMISSION
ATTEST:
Chairperson
Z ~ .: 7IM6'~WA `. R P~ ~ L' f TC f `.TEMP 1 . WPD
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TOE Or ~ r ~RAS.GR
~L .Ci~l Y lr~TOrll
RAG ~ ~T~oNs
Or ~r ~ jCT ~ t .z ..~t g~ElW ~~~
O~TOS~~ 1995
® EXHIBIT A
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ARTICLE 12-1
GENERAL PROVISIONS
SECTION 12-1-1 ~ i i i.,E
(1) These regulations shall be known, cited and referenced as the Subdivision Regulations (regulations)
of the Town of Fraser, Colorado.
SECTION 12-1-2 AL r riORITY
(1) Pursuant to the authority contained in Colorado Revised Statutes 29-20-101, et sea., 31-23-101, et
sec ., and 24-67-101, et seq., the Fraser Planning Commission and Board of Trustees (Board) aze
vested with the power and authority to adopt and amend subdivision regulations.
SEA, i iON 12-1-3 POLICY
(1) It is the policy of the Town of Fraser to consider the subdivision of land and the subsequent
devel~~r~..ent of the subdivided land as subject to the control of the Town pursuant to the
Comprehensive Plan, Municipal Code, Subdivision Regulations, and all other applicable regulations,
ordinances, codes, and rules of the Town for the orderly, planned, efficient and economical
development of Fraser. All proposed subdivisions for which Town approval is required under these
regulations shall be consistent with the Town's Comprehensive Plan. No application for subdivision
shall be approved if not in conformance with the Comprehensive Plan, and such failure shall be a
reasonable ground for denial of the application.
(2) Land to be subdivided shall be of such character that it can. be used safely for building purposes
without danger to health or peril fi.~.., fire, flood, or other menace. Land shall not be subdivided until
adequate public facilities and imi,~~.~~ements exist and proper provisions have been made for water,
sewer, storm water drainage, schools, parks, open space, trails, recreation, transportation facilities and
other improvements necessary to serve the proposed subdivision.
SECTION 12-1-4 PURPOSES
(1) These regulations are adopted for the following purposes:
{a) To ~,..~l;,ct and provide for the public health, safety and welfare of the Town;
(b) To guide future growth and development of the Town in accordance with the Comprehensive
Plan;
(c) To provide for adequate light, air, and privacy, to secure safety f i.,~~~ fire, flood, and other
danger, and to prevent overcrowding of land and undue congestion;
(d) To protect the character, social and economic stability of all parts of Town and to encourage
orderly and strategic devel..~r~~uent through ai,r.,.Yr:ate growth management techniques;
(e) To protect and conserve the value of land, buildings and improvements throughout Town, and
to minimize the conflicts among land uses;
(f) To guide public policy to ensure that public facilities and services aze available with sufficient
capacity to serve the proposed development and that new development does not burden the
Town's fiscal resources;
(g) To provide the most beneficial relationship between land uses and traffic circulation
throughout Town;
(h) To establish standards of design and procedures for subdivisions and to ensure proper legal
descriptions and monumenting of subdivided land;
(i) To prevent air, water and light pollution and to encourage the wise use and management of
natural resources throughout Town;
(j) To preserve natural beauty and protect environmentally critical areas throughout Town and to
ensure appropriate development with regard to these natural features; and
(k) To provide for open spaces through the most efficient design and layout of the land.
SEA i iON 12-1-5 JURISDICTION
(1) These regulations apply to all subdivisions and resubdivisions of land located within the corporate
boundaries of the Town of Fraser, and, to the extent permitted by Section 31-23-212, C.R.S., also
apply to the major street plan component of these regulations and not otherwise, to subdivision of
Iand located within three (3) miles of the c...r,,.~te boundaries of the Town of Fraser.
SEQ. i iON 12-1-6 IN i ~;RPRETATION, CONFLICT AND SEVERABILITY
(1) In their into~Y~etation and application, the Y~..aisions of these regulations shall be held to be the
minimum requirements for the promotion of public health, safety and welfaze.
(2) Conflict with Public and Private Provisions.
(a) Public Provisions: These regulations are not intended to interfere with, abrogate, or annul any
other ordinance, rule, regulation, statute, or other provision of law except as provided in these
regulations. Where any provision of these regulations imposes restrictions dtfferent from
those imposed by any other ~~ ~, vision of these regulations or any other ordinance, rule,
regulation, statute or other provision of law, the r~., rision which is more restrictive or
imposes higher standards shall govern.
(b) Private Provisions: These regulations aze not intended to abrogate any private easement,
covenant, agreement or restriction. It is not the intent of these regulations, and it may not be
implied or inferred, that the Town will enforce any private easement, covenant, agreement or
restriction; such r~.., visions being a fimction of the right of individual property owners to
further or separately restrict the use of their property as one of the rights attendant upon
pr.,r:;~~~r ownership. These regulations shall not be into~~,~eted to either enhance or diminish
such private restrictions, and the existence of such private restrictions shall neither enhance
nor diminish the application or enforceability of these regulations.
(3) Severability. If any part, r.,. vision or application of these regulations to any person or
circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be
confined in its operation to the part, provision, or application directly involved in the controversy in
which the judgment shall be rendered and shall not affect or impair the validity of the remainder of
these regulations or the application of them to other persons or circumstances. The Town declazes
that it would have enacted the remainder of these regulations even without any such part, provision, or
application which is judged invalid.
SEA; i iON 12-1-7 SAVING PROVISION
(1) These regulations shall not be construed as abating any action now pending under, or by virtue of, prior
existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty
accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as
waiving any right of the Town under any section or provision existing at the time of adoption of these
regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation, by
lawfiil action of the Town except as shall be :.,~~~~ssly provided for m these regulations.
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SECTION 12-1-8 REPEAL OF PRIOR REGULATIONS; APPLICATION TO DEVELOPMENTS IN
PROCESS
(1) With the exception of pending subdivision applications for which preliminary plat approval was
obtained prior to the effective date of these regulations, all applications for subdivision approval
pending on or received after the effective date of these regulations shall be reviewed pursuant to these
regulations. Pending subdivision applications which have received preliminary plat a~,r.~,val prior to
the effective date of these regulations shall be reviewed pursuant to the subdivision regulations in force
and adopted by Resolution 1983-4-1 and Ordinance No. 118, as amended. Such resolution and
ordinance are continued in force and effect for that limited purpose only, and upon approval or denial
of all such remaining applications, shall be deemed repealed. In no event shall any resubmission of a
subdivision application after its rejection, or any resubdivision application filed after the effective date
of these regulations, be reviewed under any such prior regulations.
SECTION 12-1-9 AMENDMENTS
(1) For the purpose of Y.,.~ecting the public health, safety, and welfaze, the Planning Commission may
propose amendme~rts to these regulations, as needed. The Planning Commission shall approve,
at,~~,, ve with conditions, or deny the proposed amendments at a public hearing following public notice.
A~,~~~, ved amendments must be approved by the Board at a public hearing following public notice. The
Planning Commission and Board may choose to issue coordinated notices of such public hearing in
order to conduct a joint public hearing for this purpose.
SECTION 12-1-10 FEES
(1) Films Fee: In order to cover the costs of reviewing, processing and enforcing these regulations, the
applicant shall submit filing fees. No application will be considered complete until all fees have
been paid No part of the fees shall be refunded on account of any denial, partial processing or
withdrawal of part or all of any application. The applicable filing fee shall be paid to the Town
in accordance with the cu.~out fee schedule established by Boazd resolution.
(2) Publication Fee: The applicant shall pay the cost of publication for each publication required. If re-
publication is necessary due only to Town error, the Town will pay the re-publication chazge.
(3) Mailing Fee: The applicant shall pay the mailing cost for notification of adjacent ~,~~rerty owners.
(4) Recordins Fee: The applicant shall pay all recording fees.
(5) Inspection Fee: The applicant shall pay all subdivision improvement inspection fees.
(6) Other Fees:
(a) The applicant shall pay for additional costs made necessary by review incurred by the Town for
the services of professionals, consultants, or review agencies, other than Town Staff, during the
review and consideration of a proposed subdivision pursuant to these regulations. The Town
will send invoices to the applicant for expenses incurred as the Town is billed. All invoices
shall be paid in fill l prior to final Board approval.
(b) The applicant shall pay for additional costs made necessary by unusual circumstances and
more than ordinary review incurred by the Town for the services of other professionals,
consultants or review agencies during the review and consideration of a proposed subdivision
pursuant to these regulations. The Town will send invoices to the applicant for expenses
incurred as the Town is billed. All invoices shall be paid in full prior to final Board approval.
SECTION 12-1-11 ENFORCEMENT, VIOLATIONS AND PENAL i ~,S
(1) It shall be the duty and responsibility of the Boazd, or a designated representative, to int~~ ~,~ et and
enforce the provisions of these regulations.
(2) No owner, or agent of the owner, of any lot located in a proposed subdivision shall sell, agree to sell or
negotiate to sell, any lot, or portion thereof, before a final plat, as-built plat (if applicable) or
subdivision exemption plat has been approved by the Planning Commission and Board in accordance
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with the provisions of these regulations and recorded in the Office of the Grand County Clerk and
Recorder.
(3) No permits shall be issued for the construction of any building or other improvements requiring a
~.o...~rt, nor shall any Certificate of Occupancy be granted, for any land for which a subdivision plat is
required by these regulations, unless and until all requirements of these regulations have been complied
month.
(4) It is unlawful to erect, construct, reconstruct, use or alter any building or structure or to use any land in
violation of these regulations, and any person who violates this ~.~~ ~sion shall be subject to fine and
imprisonment as provided in subsection (5) hereof.
(5) Any r:..~on who violates any of these regulations shall be subject to a fine of not more than three
hundred dollars ($300.00) or imprisonment for a term not exceeding ninety (90) days, or both. Each
day of violation shall be a separate violation for purposes of fine and imprisonment.
(6) Arr..,r~~ate actions and proceedings may be taken in law or in equity to prevent any violation of these
regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a
violation and to prevent illegal occupancy of a building structure or premises. These remedies shall be
in addition to the penalties described in subsection (5) above.
ARTICLE 12-2
EXEMPTIONS, VACATIONS, VARIANCES AND VESTED PROPERTY RIGHTS
SECTION t2-2-t SUBDIVISION EXEMPTION
(1) Certain divisions of property may be exempted from the requirements of Articles 12-3 through 12-6 of
these regulations if the activity meets one of the following conditions and if such exemption is
approved by the Board:
(a) The division does not result in the creation of an additional lot;
(b) A division for the purpose of revising lot lines, only if it creates no more than the prior recorded
number of lots. All revised lots must conform to the lot dimensional requi~~u~ents as
established in the Fraser Zoning Ordinance. If the lots of the original recorded plat were non-
conforming, any revised lot shall not increase the nonconformity;
(c) A division for the pi..r.,se of correcting an engineering or survey error in a recorded plat,
provided that the correction(s) continue to meet the standards of these regulations and has no
effect on conditions applied to the approval of the recorded plat;
(d) A division which creates parcels for community facilities (including utility land acquisition);
or
(e) A division which involves the acquisition of access from one parcel of property to another.
(2) An application for an exemption plat shall be accompanied by the following information:
(a} The applicable fee as established by resolution of the Board
(b) A cu.~~~~t title insurance commitment.
(c) A black line mylar(s} for the purpose of incorporating the data into a 911 emergency system.
The mylar shall be 14" x 18" and shall contain the name of the subdivision, the section(s),
township(s) and range(s) in which the subdivision is located, all street names, lot numbers,
street addressing numbers, unit numbers (if applicable) and a range of street addressing
numbers for each street. The information contained on the 14" x 18" mylar shall also be
submitted on two (2) 3-1/2" fl.,ri~.~ discs in AutoCAD.dwg or Auto.CAD.dxf.
(d) Two (2) 3-1/2" fl.,~~~y discs in AutoCAD.dwg or Auto.CAD.dxf which contain the physical
features of the subdivision. These features include, but not limited to the following: lots with
dimensions and ties to monumentation, roads, easements, drainage and detention ponds, fire
hydrants, sewer and water line layouts, watercourses, legal description, bearing and distances,
utility layouts, zoning, land use, building envelopes and topography.
(e) Five (5) folded copies of the exemption plat and fifteen (15) folded copies of the exemption
plat reduced to 11" x 17."
(3) Unless the Board determines that an exemption may be approved by resolution only, an exemption plat
shall be required for all exemptions granted under this Article. Exemption plats shall contain or be
accompanied by the following information and conform to the following specifications:
(a) Title: Subdivision Exemption Plat
Subdivision Name
Prior Reception Numbers
Legal Description
Town of Fraser, Grand County, Colorado
(b) One original, drawn with permanent black ink on a reproducible mylar.
(c) Plat size: 24" x 36", with a 1/2" margin on the top, bottom, and right-hand side, and a 1 l/2"
margin on the left-hand side.
(d) Sheets shall be numbered in sequence if more than one (1) sheet is used.
(e) A blank 2 1/4" by 3" vertical box in the lower right-hand corner of the plat inside the margin
for use by the Grand County Clerk and Recorder.
(f) Each sheet shall show the written and graphic scale, north arrow, and date of survey
preparation.
(g) A general vicinity map.
(h) Names and addresses of the applicant and surveyor.
(i) A statement by the surveyor of the basis of bearing for laying out the boundaries.
(j) A description of all monuments, both found and set, which mark the boundaries of the
r~• ~rert3', and a description of all control monuments used in conducting the survey.
(k) Signature and seal of the land surveyor. See appendix for an example.
(1) Signature blocks for owners, lienholders (if applicable), Planning Commission and Board.
See appendix for an example.
(m) Dedication and depiction of access rights of way to adjacent lands, if applicable.
(n) All recorded and apparent easements and right-of--ways on and/or adjacent to the property.
(o) Aland and improvements survey and metes and bounds legal description of the property in
question by a registered surveyor.
(p) All dimensions necessary to establish the boundaries in the field.
(q) All signatures in black, permanent ink.
SECTION 12-2-2 SUBDIVISION EXEMPTION PLAT REVIEW PROCEDURE
(1) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days prior
to the Planning Commission meeting at which the applicant desires to submit the plat for the Planning
Commission's consideration.
(2) Within ten (10) days of filing, the Town Planner shall review the application to determine if it is
complete and shall notify the applicant of any deficiencies. No application shall be submitted to the
Planning Commission or scheduled for a meeting until a complete application has been filed with the
Town Planner.
(3) Within forty-five (45) days from the date of the Town Planner's receipt of a complete application, a
public hearing shall be scheduled for submission of the plat at the next available Planning
Commission meeting. Staff comments and recommendations shall be forwarded to the applicant at
least five (5) days prior to the public hearing date.
(4) At least fourteen (14) days in advance of the public hearing, the applicant shall be responsible for
giving notice to all surface owners, mineral owners and lessees of mineral owners to whom notice is
to be sent pursuant to C.R.S. 31-23-215.
(5) Town Staff shall publish notice of the public hearing in a newspaper of general circulation at least
fourteen (14) days in advance of the public hearing. Proof of publication shall be supplied at the
public hearing. All publication expenses shall be paid by the subdivider.
(6) No plat shall be deemed to have been submitted to the Planning Commission until the forgoing notice
and review requirements have been completed and/or satisfied and a public hearing for consideration
of the plat has been duly convened by the Planning Commission. At such public hearing, the Planning
Commission shall consider the application and either approve, ai,i,... ve with conditions, or deny the
application within thirty (30) days after the commencement of such hearing. Failure by the Planning
Commission to act on the plat within said thirty (30) day period shall constitute approval of the
application; provided, however, the applicant or its authorized representative may waive this
requirement and consent to an extension of such period for the Planning Commission's determination
if necessary to allow the applicant to make revisions or provide additional information before the
Planning Commission takes final action. Any conditions of approval or reasons for denial shall be
stated in the minutes. Written notice stating these conditions of approval or reasons for denial shall
be sent to the applicant and the Board.
(7) Within thirty (30) days from Planning Commission approval, approval with conditions, or denial, the
Board shall review the application and either approve or deny the application. Upon Board arr. ,, val,
the plat shall be recorded by Town Staff in the Office of the Grand County Clerk and Recorder.
SECTION 12-2-3 VACATION PROCEEDINGS
(1) Methods. Public right-of-way and easement vacation proceedings shall be in compliance with
Colorado Revised Statutes Section 43-2-302-303, as amended.
(2} The Board may aY~,~~„ ~e a vacation petition on such terms and conditions as are reasonable to protect
public health, safety and welfare. In no event may the Board approve a petition for vacation if it will
materially injure the rights of any non-consenting property owner or any public rights in public
imp, ~.. /ements unless ~,~.r~ essly agreed to by the Board.
SEA; i lON 12-2-4 RIGHT-OF--WAY ANDiOR EASEMENT VACATION
(1) An application for aright-of-way and/or easement vacation shall be accompanied by the following
information:
(a) The applicable fee as established by resolution of the Board.
(b) Fifteen (15) copies of a petition requesting vacation of the right-of--way and/or easement.
(c} Docum:,~~lation showing that the right-of--way andJor easement sought to be vacated has been
legally dedicated to and accepted by, the public or authorized agent(s) of the public.
(d} The names, street, mailing and legal addresses of all adjacent i~~~renY owners, and i.~.~i,erty
owners who may be interested in, or adversely affected by, such vacation.
(e) Five (5) folded copies of the vacation plat and fifteen (15) folded copies of the vacation plat
reduced to 11" X 1 T'. The vacation plat shall show the right-of--way and/or easement sought
to be vacated and all adjacent property ownership.
SECTION 12-2-5 RIGHT-OF-WAY AND/OR EASEMENT VACATION REVIEW PROCEDURE
(1) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days prior
to the Board meeting at which the applicant desires to submit the vacation petition for the Board's
consideration.
(2) Within ten (10) days of filing, the Town Planner shall review the application to determine if it is
complete and shall notify the applicant of any deficiencies. No application shall be submitted to the
Board or scheduled for a meeting until a complete application has been filed with the Town Planner.
(3) Within forty-five (45) days from the date of the Town Planner's receipt of a complete application, a
public hearing shall be scheduled for submission of the vacation petition at the next available Board
meeting. Staff comments and recommendations shall be forwarded to the applicant at least five (5)
days prior to the public hearing date.
(4) Town Staff shall refer a copy of the petition and all accompanying documents to affected government
agencies, special districts and private and public utility companies for review and comment.
(5) At least fourteen (14) days in advance of the public hearing, the applicant shall be responsible for
giving written notice to all owners of property within two hundred feet (200') of the boundaries of the
proposed vacation. Such notice shall be sent via certified mail, return receipt requested and shall
include the following information: A letter stating that a petition to vacate has been submitted to the
Town, the right-of-way and/or easement sought to be vacated, the reasons for seeking the vacation,
and the time, date and place of the public hearing. The applicant shall provide the Town with a
written affidavit prior to the time of the public hearing reflecting the date of mailing and the names,
addresses and legal descriptions of all parties to whom the notifications were transmitted. Failure to
properly mail the documents, notify the necessary parties, and/or provide the required affidavit shall
be grounds for denial of consideration of the vacation request or a continuance of the public hearing.
(6) Town Staff shall publish notice of the public hearing in a newspaper of general circulation at least
fourteen (14) days in advance of the public hearing. The notice shall state the right-of--way andlor
easement to be vacated and the time, date and place of the public hearing. Proof of notification must
be supplied at the public hearing. All publication .,~-~,~,~~ses shall be paid by the applicant..
(7) No vacation petition shall be deemed to have been submitted to the Boazd until the forgoing notice
and review requirements have been completed and/or satisfied and a public hearing for consideration
of the vacation petition has been duly convened by the Board At such public hearing, the Board shall
consider the vacation petition, review a resolution vacating the right-of-way and/or easement, and
either aY~.~/e, approve with conditions, or deny the vacation petition within thirty (34) days after the
commencement of such hearing. Failure by the Board to act on the vacation petition within said thirty
(30) day period shall constitute approval of the vacation petition; provided, however, the applicant or
its authorized representative may waive this requirement and consent to an extension of such period
for the Boazd's determination if necessary to allow the applicant to make revisions or provide
additional information before the Board takes final action. Any conditions of approval or reasons for
denial shall he stated in the minutes. Written notice stating these conditions for approval or reasons
for denial shall be sent to the applicant. Upon Boazd a~r~,.r /al, the resolution shall be recorded by
Town Staff in the Office of the Grand County Clerk and Recorder.
SEt,` i ION 12-2-6 FINAL AND/OR AS-BUII.T PLAT VACATION
(1) Any plat, or portion thereof, may be vacated upon petition by the owner of the property and approval
by the Board, at any time before the sale of any lots. When lots have been sold, all owners must
consent to the r.,.~,osed vacation..
(2) An application for a final and/or as-built plat vacation shall be accompanied by the following
information:
(a) The applicable fee as established by resolution of the Board.
(b) Fifteen (15) copies of a petition requesting vacation of the final and/or as-built plat.
(c) The names, street, mailing and legal addresses of all adjacent property owners, and property
owners who maybe interested in, or adversely affected by, such vacation.
(d) A copy of the recorded final and/or as-built plat.
(e) A current title insurance commitment.
SECTION 12-2-7 FINAL AND/OR AS-BUILT PLAT VACATION REVIEW PROCEDURE
1) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days prior
to the Planning Commission meeting at which the applicant desires to submit the vacation petition for
the Planning Commission consideration.
(2) Within ten (10} days of filing, the Town Planner shall review the application to determine if it is
complete and shall notify the applicant of any deficiencies. No application shall be submitted to the
Planning Commission or scheduled for a meeting until a complete application has been filed with the
Town Planner.
(3) Within forty-five (45) days from the date of the Town Planner's receipt of a complete application, a
meeting shall be scheduled for submission of the vacation petition at the next available Planning
Commission meeting. Staff comments and recommendations shall be forwarded to the applicant at
least five (5) days prior to the meeting date.
(4) No vacation petition shall be deemed to have been submitted to the Planning Commission until the
foregoing review requirem;.ul~ have been completed and/or satisfied and a meeting for consideration
of the vacation petition has been duly convened by the Planning Commission. At such meeting, the
Planning Commission shall consider the vacation petition and shall review a resolution vacating the
final and/or as-built plat (and signed by all owners and lienholders) and either ar~r.~„ ~e, approve with
conditions, or deny the vacation petition within thirty (30) days after the commencement of such
meeting. Failure by the Planning Commission to act on the vacation petition within said thirty (30)
day period shall constitute approval of the vacation petition; provided, however, the applicant or its
authorized ~~.r~~sentative may waive this requia.,~ueirt and consent to an o1-l~usion of such period for
the Planning Commission's determination if necessary to allow the applicant to make revisions or
~.~,. /ide additional inf.,.~..ation before the Planning Commission takes final action. Any conditions of
arYr~,.val or reasons for denial shall be stated in the minutes. Written notice stating these conditions
of approval or reasons for denial shall be sent to the applicant and the Board.
(5) Within thirty (30) days from Planning Commission approval, or approval with conditions, the Board
shall review the vacation i,;.~aon and either ayf,~~., /e or deny the request. Upon Boazd ayi,~u.ral, the
resolution shall be recorded by Town Staff in the Office of the Grand County Clerk and Recorder.
The owner shall be responsible for vacating all restrictive covenants, condominium or townhome
declaration, property owners' association article of incorporation, bylaws and deed of conveyance to
the association for common elements, if applicable.
SECTION 12-2-8 VARIANCES
(1) The Planning Commission may authorize variances from these regulations in cases where due to
exceptional topographical conditions or other unusual conditions peculiar to the site, an unnecessary
hardship is placed on the applicant. A variance may be granted where, in the opinion of the Planning
Commission, the best interests of the Town are served by granting a variance. Such variance shall not
be granted if it would be detrimental to the public good or impair the intent and purposes of these
regulations. The conditions of any variance authorized shall be stated in writing in the minutes of the
Planning Commission, with the justifications set forth. The Planning Commission shall consider the
following criteria and make specific findings when evaluating each variance request:
(a) The granting of the vanance will not be detrimental to the public safety, health or welfaze or
injurious to other property located nearby.
(b) The conditions upon which the request for a variance is based are unique to the property for
which the variance is sought and are not applicable generally to other Y~.,i.erty.
(c) Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, a particulaz hazdship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of these regulations is carried out.
(d) The variances will not in any manner vary the i,,.~risions of the Fraser Zoning Ordinance,
Comprehensive Plan, or Official Zoning Map.
(e) The variance is, in the opinion of the Planning Commission, insignificant.
(f) The variance is in conformity with other criteria the Planning Commission sets by policy from
time to time.
(2) Conditions: In approving variances, the Planning Commission may require such conditions as will, in
its judgment, secure substantially the objectives of the standards or requil~.~uents of these regulations.
(3) An application for a variance shall be accompanied by the following information:
(a) The applicable fee as established by resolution of the Boazd.
(b) Ten (10) copies of the variance request.
(c) A concise statement of the type of variance requested and the Fraser subdivision regulation
section being referred to for the variance and the name, address and phone number of the
authorized contact for the variance request.
SEc. i iON 12-2-9 VARIANCE REVIEW PROCEDURE
(1) The Planning Commission shall consider variances from these regulations at the preliminary plat
public hearing for a major subdivision and at the final plat public hearing for a minor subdivision. All
required submittal matenals shall be filed with the Town Planner at least forty-five (45) days prior to
the Planning Commission meeting at which the applicant desires to submit the variance request for
the Planning Commission's consid.,~al~on
(2) Within ten (10) days of filing, the Town Planner shall review the application to d::l~,~~uine if it is
complete and shall notify the applicant of any deficiencies. No application shall be submitted to the
Planning Commission or scheduled for a meeting until a complete application has been filed with the
Town Planner.
(3) Within forty-five (45) days from the date of the Town Planner's receipt of a complete application, a
public hearing shall be scheduled for submission of the variance request at the next available Planning
Commission meeting. Staff comments and recommendations shall be forwarded to the applicant at
least five (5) days prior to the public hearing date.
(4) At least fourteen (14) days in advance of the public hearing, the applicant shall be responsible for
giving written notice to all owners of property within two hundred feet (204') of the boundaries of the
proposed variance. Such notice shall be sent via certified mail, return receipt requested and shall
include the following information: A copy of the variance request and all accompanying materials, a
concise statement of the type of variance requested and the Fraser subdivision regulation section
being referred to for the variance, the name, address and phone number of the authorized contact for
the variance request, and the time, date and place of the public hearing. The applicant shall provide
the Town with a written affidavit prior to the time of the public hearing reflecting the date of mailing
and the names, addresses, and legal descriptions of all parries to whom the notifications were
transmitted. Failure to properly mail the documents, notify the necessary parties, and/or provide the
required affidavit shall be grounds for denial of consideration of the requested vanance or a
continuance the public hearing.
(5) Town Staff shall publish notice of the public hearing in a newspaper of general circulation at least
fourteen (14} days in advance of the public hearing. The notice shall state the variance request and
the time, date acid place of the public hearing.
(b) No variance request shall be deemed to have been submitted to the Planning Commission until the
forgoing notice and review requi.~.~.ents have been completed and/or satisfied and a public hearing
for consideration of the variance request has been duly convened by the Planning Commission. At
such public hearing, the Planning Commission shall consider the variance request and either approve,
approve with conditions, or deny the application within thirty (30) days after commencement of such
heanng. Failure of the Planning Commission to act on the vanance request within said thirty (30} day
period shall constitute approval of the variance request; provided, however, the applicant or its
authorized representative may waive this requirement and consent to an extension of such period for
the Planning Commission's determination if necessary to allow the applicant to make revisions or
provide additional information before the Planning Commission takes final action. All decisions of
the Planning Commission aze final. Any conditions of approval or reasons for denial shall be stated in
the minutes. Written notice stating these conditions for approval or reasons for denial shall be sent to
the applicant.
SEA; i iON 12-2-10 VESTED PROPERTY RIGHTS
(1) A "site specific development plan," for purses of the creation of a vested property right pursuant
to Article 68 of Title 24, C.R.S., shall mean the final devel,.~,u.ent plan, irrespective of its title, for a
specific pazcel or parcels of property which is submitted to the Town for approval and which is the
final approval step prior to the application for a building ro....it. No site specific development plan
shall be approved and no vested property right shall be created except pursuant to and upon
compliance with the requirements of this Section 12-2-10.
(2) In the event an applicant for site development approval wishes said approval to have the effect of
creating vested property rights pursuant to Article 68 of Title 24, C.RS., the applicant must so
request, in writing, at least thirty (30) days prior to the date said approval is to be considered Failure
to so request renders the ar~.~, ~al not a "site specific devel~,~r...ent plan," and no vested rights shall be
deemed to have been created thereby.
(a) A site specific devel„y~~.ent plan may be approved with terms and conditions as may
reasonably be necessary to protect the public health, safety and welfare, and as provided in
Fraser's other ordinances and regulations applicable to the ~,~~,~~,osed devel„r~...ent. Failure to
comply with such terms and conditions shall result in forfeiture of the vested property rights.
(b) Each map, plat or site plan constituting a site specific development plan shall contain the
following language: "A~rY,.val of this plan creates a vested property right pursuant to Section
24-68-103, C.RS., as amended.
(3) No site specific development plan shall be approved until it has been considered at a public hearing
preceded by public notice of such hearing. If the regulations applicable to the review of the
development plan which is proposed to create a vested property right do not otherwise provide for
such a public hearing or public notice, then the applicant shall request that such a public hearing be
scheduled before the Boazd and shall be responsible for giving public notice of such hearing in the
same manner as that required for amendments to the official zoning map, as provided by C.R.S. 31-
23-304 and the Fraser zoning regulations.
(4) No site specific development plan shall become effective, and no vested property rights shall be
created, until publication of a notice of the site specific development plan approval and creation of a
vested property right pursuant to Article b8 of Title 24, C.R.S. Such notice shall be published once,
not more than fourteen (14) days after approval of the site specific development plan, in a newspaper
of general circulation within the Town of Fraser.
(5) In addition to any and all other fees and charges imposed by the ordinances and resolutions of
Fraser, the applicant for approval of a site specific development plan shall pay all costs occasioned to
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Fraser as a result of the site specific development plan review, including publication of notices, public
hearing and review costs.
(6) In the event amendments to a site specific development are proposed and approved, the effective date
of such amendments, for purposes of duration of a vested properly right, shall be the date of the
approval of the original site specific development plan, unless the Board specifically fords to the
contrary and incorporates such finding in its approval of the amendment.
(7) Nothing in this Section is intended to create any vested property right, but only to implement the
provisions of Article 68 of Title 24, C.R.S. In the event of the repeal of said Article or a judicial
determination that said Article is invalid or unconstitutional, this Section shall be deemed to be
repealed, and the provisions hereof no longer effective.
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ARTICLE 12-3
MINOR SUBDIVISIONS
SECTION 12-3-1 PURPOSE AND SCOPE
(1) Minor subdivision regulations provide a means of dividing land on a small scale when the impact of a
subdivision is minimal and full compliance with all subdivision regulations would cause undue
hardship. Division of one (1) or more lots or parcels of land into a total of not more than four (4) lots or
four (4) dwelling units shall be considered a minor subdivision, provided that no new streets need to be
constructed and that municipal utilities exist immediately adjacent to the parcel and do not need to be
extended to serve the subdivision. Condominium and townhome developments shall be reviewed as a
minor subdivision only if they involve four (4) or fewer dwelling units and are intended to create not
more than four (4) individual interests in property capable of being separately transferred. The minor
subdivision review process shall not be used to circumvent the requirements of the major
subdivision review process.
(2) All minor subdivisions must comply with all applicable subdivision improvements and design standards
in Article 12-5 and 12-6.
SEA, i iON 12-3-2 SKETCH PLAN
(1) Geheral. A sketch plan shall be submitted prior to a final plat submission for a minor subdivision. The
purpose of the sketch plan is to acquaint the Town with the subdivider's intentions concerning the
proposed subdivision, to acquaint the subdivider with the substantive and procedural requirements of
these regulations and to identify policies which create or~.,~ tanities or pose constraints for the ~~,~~,osed
subdivision.
(2) Five (5) folded copies of the sketch plan and the applicable fee shall be filed with the Town Planner.
(3) The sketch plan shall be drawn to a scale of not more than 1"=100' on a sheet 24" x 36" specifying:
(a) Boundary of r.~u,ises.
(b) Conceptual design of the area to be developed.
(c) Zoning district boundaries.
(d) Approximate location, dimension and area of all proposed lots.
(e) Topography, including all slopes over thirty percent (30%) and grading.
(f) Base flood elevations and floodways.
(g) Approximate building shape and location.
(h) Land and building use.
(i) Parking, loading and service areas.
(j) Preliminary proposals for connections with existing water supply, wastewater disposal and
storm water drainage systems.
(k) Areas of retained vegetation and landscaping.
(1) Approximate location, dimensions and area of all parcels of land proposed to be set aside
for park and schools.
(m) Vicinity map.
(n) Relevant site characteristics and environmental analyses applicable to the proposed subdivision
concerning watercourses, wetland delineation, flood plain mapping, soils and/or geological
conditions presenting hazards or requiring special permits.
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(4) Within thirty (30) days of submittal, Town Staff shall provide preliminary comments to the subdivider
regarding the proposed devel.,r...ent.
SECTION 12-3-3 FINAL PLAT
(1) General. An approved final plat shall be required for all minor subdivisions within the Town. No
subdivision shall be approved until such data, surveys, analyses, studies, plans and designs as may be
required by these regulations and by the Planning Commission and/or the Board have been submitted,
reviewed and found to meet all sound planning and engineering requi..,..~ents of the Town. Approval
and recording of the frnal plat allows the sales of a subdivision to proceed; except in the case of a
subdivision of condominiums and/or townhomes, where approval of an as-built plat allows the sales of
a subdivision to proceed.
(2) An application for a final plat shall be accompanied by the following information:
(a) The applicable fee as established by resolution of the Board.
(b) A current title insurance commitment.
(c) Written proof of water and sewer service, the location of any proposed connection with
existing systems and engineering drawings (if applicable).
(d) Written proof of legal access if the properly does not have direct contiguous access to a public or
private street.
(e) Subdivision Improvement Agreement, if applicable.
(f) Executed originals and one copy of the restrictive covenants, condominium or townhome
declaration, property owners' association articles of incorporation and bylaws, and deed of
conveyance to the association for common elements, if applicable. If any liens will exist upon
the subdivided r1~~~reTh' at the time of plat approval, the lienholders shall join in the execution
of the declaration.
(g) A final drainage report.
(h) A soil erosion control plan.
(i) Landscaping plan.
(j) Exterior lighting scheme, including parking lot lighting, mounting height, type of poles, light
source intensity, building lighting and sign illumination, if applicable.
(k) Estimated time schedule for development.
(1) Any other reports and information deemed necessary by the Town.
Items (m) and (n) shall be required only if an as-built plat is not required.
(m) A black line mylar(s) for the purpose of incorporating the data into a 911 emergency system.
The mylar shall be 14" x 18" and shall contain the name of the subdivision, the section(s),
township(s) and ranges} in which the subdivision is located, all street names, lot numbers,
street addressing numbers, unit numbers (if applicable) and a range of street addressing
numbers for each street. The information contained on the 14" x 18" mylar shall also be
submitted on two (2) 3-1/2" floppy discs in AutoCAD.dwg or Auto.CAD.dxf.
(n) Two (2) 3-1/2" floppy discs in AutoCAD.dwg or Auto.CAD.dxf which contain the physical
features of the subdivision. These features include, but not limited to the following: lots with
dimensions and ties to monumentation, roads, easements, drainage and detention ponds, fire
hydrants, sewer and water line layouts, watercourses, legal description, bearing and distances,
utility layouts, zoning, land use, building envelopes and topography.
(o) Five (5) folded copies of the final plat and fifteen (15) folded copies of the final plat reduced to
11" x 17."
(3) The final plat shall contain the following information and conform to the following specifications:
(a) Title: Minor Subdivision-Final Plat
Subdivision Name
Prior Reception Numbers
Legal Description
Town of Fraser, Grand County, Colorado
(b) One original, drawn with permanent black ink on a r:,Y~~ducible mylar.
(c) Plat size: 24" x 36", with a 1/2" margin on the top, bottom, and right-hand side, and a 1 1/2"
margin on the left-hand side.
(d) Sheets shall be numbered in sequence if more than one (1) sheet is used.
(e) A blank 2 1/4" x 3" vertical box in the lower right-hand comer of the plat inside the margin for
use by the Grand County Clerk and Recorder.
(f) Each sheet shall show the written and graphic scale, north arrow, and date of survey preparation.
(g) A general vicinity map.
(h) Names and addresses of subdivider, designer and surveyor.
(i) Total square footage and acreage of the proposed subdivision.
(j) Location, dimensions and recorded inf.~.~uation of all existing easements.
(k) Location and dimensions of all proposed easements.
{l) Basis of bearing and description and location of primary c...~l.ol points or monuments both
found and set and ties to such control points to which all dimensions, angles, bearings and
similar data on the plat shall be referred.
(m) A scale drawing of tract boundary lines, rights-of--way, easements, property lines of residential
lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and
central angles of all curves with long chord bearings and distances.
(n) All dimensions necessary to establish the boundaries in the field.
(o) The names and right-of--way width of each proposed street (for major subdivision only) and lot
and block numbers with street addresses. See appendix for street addressing details.
(p) Label the zoning on the subject and adjacent proYo~l~es.
(c~ Existing and proposed locations and dimensions of all public and private improvements,
including, but not limited to streets, trails, sidewalks, sewer and water mains, storm water
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drainage facilities, landscaping and revegetation measures, telephone, cable, electrical, and gas
utility service lines, square footage of buildings, if applicable.
(r) Location for the placement and storage of trash.
(s) Location of any public phone, if required by the Planning Commission.
(t) Location, dimensions, and proposed ownership of all property proposed to be set aside for park,
schools and open space.
(u) The locations, dimensions, and areas of all proposed or existing lots.
(v) Indication of the use of any lot (single-family, multi-family and all uses other than residential
proposed by the subdivider).
(w) Location of all parking spaces and driveways (including the number of parking spaces and their
dimensions).
(x) Location of snow storage areas. It is required that a functional snow storage area be r~., sided
which is equal to at least thirty three percent (33%) of the area to be cleared of snow.
(y) Number and types of units desired including the number of bedrooms and the density per acre.
(z) The required front, rear and side yard setbacks (denote by dashed lines.)
(aa) Location of all watercourses.
(bb) All signatures in black, permanent ink.
(cc) The following certificates are required on the final plat. (See appendix for examples)
(i) Dedication and notary clause.
(ii) A certificate by the registered land surveyor as to the accuracy of the survey and plat and
that the survey was performed by him/her.
(iii) A certificate showing approval of the plat by the Planning Commission, with signature by
the Chairperson.
(iv) A certificaxe showing approval of the plat and acceptance of dedications and easements
by the Board, with signature by the Mayor.
SECTION 12-3-4 FINAL PLAT -ADDITIONAL REQUIREMENTS FOR CONDOMINIUMS AND/OR
TOWNHOMES
(1) In addition to the requirements mentioned above, any plat of a condominium and/or townhome
development shall also contain the following inf.,,~~~ation:
(a) Identify each building and each of the units by letter or number.
(b) Designate the number of bedrooms in each unit.
(c) Designate density per acre.
(d) Identify common ~,r:..~ space, if applicable.
(e) Square footage of land occupied by buildings and percentage to entire acreage.
(f) Square footage of parking and driveways and percentage to entire acreage.
{g) Square footage of open space and percentage to entire acreage.
(h) The words and blanks: "Condominium/Townhome Declarations, recorded at reception
no. ,Grand County Records."
SECTION 12-3-5 FINAL PLAT REVIEW PROCEDURE
(1) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days prior to
the Planning Commission meeting at which the applicant desires to submit the plat for the Planning
Commission's consideration.
(2) Within ten (10) days of filing, the Town Planner shall review the application to determine if it is
complete and shall notify the applicant of any deficiencies. No application shall be submitted to the
Planning Commission or scheduled for a meeting until a complete application has been filed with the
Town Planner.
(3) Within forty-five (45) days from the date of the Town Planner's receipt of a complete application, a
public hearing shall be scheduled for submission of the plat at the next available Planning Commission
meeting. Staff comments and recommendations shall be forwarded to the applicant at least five (5) days
prior to the public hearing date.
(4) At least fourteen (14) days in advance of the public hearing, the applicant shall be responsible for
giving notice to all surface owners, mineral owners and lessees of mineral owners to whom notice is to
be sent pursuant to C.R.5.31-23-215.
(5) Town Staff shall publish notice of the public hearing in a newspaper of general circulation at least
fourteen (14) days in advance of the public hearing. Proof of publication shall be supplied at the public
hearing. All publication expenses shall be paid by the subdivider.
(6) No plat shall be deemed to have been submitted to the Planning Commission until the forgoing notice
and review requirements have been completed and/or satisfied and a public hearing for consideration of
the plat has been duly convened by the Planning Commission. At such public hearing, the Planning
Commission shall consider the application and either approve, arr.., ~e with conditions, or deny the
application within thirty (30) days after the commencement of such hearing. Failure by the Planning
Commission to act on the plat within said thirty (30) day period shall constitute a~y~„ gal of the
application; provided, however, the applicant or its authorized representative may waive this
requirement and consent to an extension of such period for the Planning Commission's determination if
necessary to allow the applicant to make revisions or provide additional information before the
Planning Commission takes final action. Any conditions of approval, or reasons for denial shall be
stated in the minutes. Written notice stating these conditions of approval or reasons for denial shall be
sent to the applicant and the Board.
(7) Within thirty (30) days from Planning Commission approval, or arr~.,val with conditions, the Board
shall review the application and either approve or deny the application. Upon Board approval, the plat
shall be recorded by Town Staff in the Office of the Grand County Clerk and Recorder.
SEt: i iON 12-3-6 AS-BUII.T PLAT
(1) Condominium and townhome developments are required to have as-built plats approved by the Town.
An as-built plat shall graphically and dimensionally depict exact locations of all public and private
improvements on the development site.
(2) The as-built plat shall contain the same information as the approved final plat with the following
chanues:
(a) Title: As-Built Plat
Minor Subdivision-Final Plat Amendment
Subdivision Name
Prior Reception Numbers
Legal Description
Town of Fraser, Grand County, Colorado
(b) Far condominiums, as-built plats shall also include horizontal and vertical layouts of the air
spaces. The second and remaining sheets shall contain:
(i) Sufficient plan and section drawings to completely define the positions of those
various volumetric spaces within the inside walls and roofs which are referred to in the
condominium declarations.
(ii) The numerical designation of the individual parcels (volumetric or plane) which will be
specifically referred to in deeds to the owners of the spaces or areas.
(c) A cerrificate showing approval of the plat by the Planning Commission, with signature by the
Chairperson, may be omitted.
(3) Prior to as-built plat a~ry..val, the subdivider shall provide the following:
(a) A black line mylar(s) for the purpose of inc.,~~..,.ating the data into a 911 emergency system.
The mylar shall be 14" x 18" and shall contain the name of the subdivision, the section(s),
township(s) and range(s) in which the subdivision is located, all street names, lot numbers,
street addressing numbers, unit numbers (if applicable) and a range of street addressing
numbers for each street. The inf.,. ~uation contained on the 14" x 18" mylar shall also be
submitted on two (2) 3-1/2" floppy discs in AutoCAD.dwg or Auta.CAD.dxf.
(b) Two {2) 3-1/2" fl~r'r~9 discs in AutoCAD.dwg or Auto.CAD.dxf which contain the physical
features of the subdivision. These features include, but not limited to the following: lots with
dimensions and ties to monumentation, roads, easements, drainage and detention ponds, fire
hydrants, sewer and water line layouts, watercourses, legal description, bearing and distances,
utility layouts, zoning, land use, building envelopes and topography.
SECTION 12-3-7 AS-BUII.T PLAT REVIEW PROCEDURE
(1) After the final plat has been at.~~.., red and prior to the transfer or occupancy of property, the subdivider
shall submit five (5) folded copies of the as-built plat and the applicable fee to the Town Planner. Town
Staff shall review the plat and check the development site within fourteen (14) days of submission. If
Town Staff is satisfied that all of the requirements of these regulations have been met, the as-built plat
shall be recorded by Town Staff in the Office of the Grand County Clerk and Recorder.
(2} Should the Town Staff determine that substantial differences exist between the final plat and the as built
plat to warrant review by the Planning Commission, the Town Planner shall schedule a public hearing
and the same procedure as specified for final plat review in Section 12-3-5 shall be adhered to.
(3) No approvals for Certificates of Occupancy will be given until after the as-built plat has been approved
and recorded in the Office of the Grand County Clerk and Recorder. Approval and recording of the as-
builtplat altows the sales of the subdivision to proceed
ARTICLE 12-4
MAJOR SUBDIVISIONS
SECTION 12-4-1 PURPOSE AND SCOPE
(1) Division of one (1) or more lots or parcels of land into a total of five (5) or more lots or five (5) or
more dwelling units shall be considered a major subdivision. Condominium, townhome and
apartment developments shall be reviewed as a major subdivision if they involve five (5) or more
dwelling units or are intended to create five (5) or more individual interests in property capable of
being separately transferred.
(2) All major subdivisions must comply with all applicable subdivision imY~., cements and design
standards in Article 12-5 and 12-6.
SEA,` I iON 12-4-2 SKETCH PLAN
(1) General. A sketch plan shall be submitted prior to a preliminary plat submission for a major
subdivision. The purpose of the sketch plan is to acquaint the Town with the subdivider's
i..~;,ulrons concermng the r.~„t,osed subdivision, to acquaint the subdivider with the substantive and
procedural requi..,u~ents of these subdivision regulations and to identify policies which create
opportunities or pose constraints for the proposed subdivision.
(2) Five (5) copies of the sketch plan and the applicable fee shall be filed with the Town Planner.
(3) The sketch plan shall be drawn to a scale of not more than 1"=100' on a sheet 24" x 36"
specifying:
(a) Boundary of premises.
(b) Conceptual design of the area to be developed.
(c) Zoning district boundaries.
(d) Approximate location, dimension and area of all proposed lots.
(e) Topography, including all slopes over thirty percent (30%) and grading.
(f) Base flood elevations and floodways.
(g) Approximate building shape and location.
(h) Land and building use.
(i) Approximate location and widths of proposed streets, sidewalks and trails.
(j) Parking, loading and service areas.
(k) Preliminary proposals for connections with existing water supply, wastewater disposal and
storm water drainage systems.
(1) Areas of retained vegetation and landscaping.
(m) Approximate location, dimensions and area of all parcels of land proposed to be set aside
for park and schools.
(n) Vicinity map.
(o) Relevant site characteristics and environmental analyses applicable to the proposed
subdivision concerting watercourses, wetland delineation, flood plain mapping, soils
and/or geological conditions presenting hazards or requiring special permits.
(4} Within thirty (30) days of submittal, Town Staff shall provide preliminary comments to the
subdivider regarding the proposed development.
SEA i iON 12-4-3 PRELIMINARY PLAT
(l) General. An approved preliminary plat shall be required for all major subdivisions within the
Town.
(2) An application for a preliminary plat shall be accompanied by the following:
(a) The applicable fee as established by resolution of the Boazd.
(b) Proposed water and sewer service and the location of any proposed connection with
existing systems.
(c) Proposed access if pr.~Y~.l~+ does not have direct contiguous access to a public
street.
(d) Two draft copies of the restrictive covenants, condominium or townhome declaration,
property owners' association articles of incorporation and bylaws, and deed of conveyance
to the association for common elements, if applicable. If any liens will exist upon the
subdivided property at the time of plat approval, the lieiiliolders shall join in the execution
of the declaration.
(e) A preliminary drainage report.
(f j A preliminary traffic plan providing access to, from, and within the proposed subdivision,
including estimated present and future traffic counts.
(g) Any other reports and information deemed necessary by the Town.
(h) Five (5) folded copies of the preliminary plat and thirty (30) folded copies of the
preliminary plat reduced to 11" x 17."
(3) The preliminary plat shall contain the following information and shall conform to the same plat
specifications as those required for a minor subdivision final plat, as set forth in Sections 12-3-3,
except the certificates referred to in subsection 12-3-3(3)(cc) may be omitted on the preliminary
plat and the following title change needs to be incorporated:
(a) Title: Major Subdivision-Preliminary Plat
Subdivision Name
Prior Reception Numbers
Legal Description
Town of Fraser, Grand County, Colorado
SECTION 12-4-4 PRELIMINARY PLAT -ADDITIONAL REQUIREMENTS FOR
CONDOI<IINIUMS, TOWNHOUSE AND APARTMENTS
(1) In addition to the requirements mentioned above, any plat of a condominium, townhome
andJor apartment development shall also contain the following:
(a) Identify each building and each of the units by letter or number.
(b} Designate the number of bedrooms in each unit.
(c) Designate density per acre.
(d) Identify common open space, if applicable.
(e) Square footage of land occupied by buildings and percentage to entire acreage.
(f) Square footage of open space and percentage to entire acreage.
(g) The words and blanks: "Condominium/Townhome Declarations recorded at
reception no. ,Grand County Records." (Not applicable for apartments. )
SEA, t iON 12-4-5 PRELIMINARY PLAT REVIEW PROCEDURE
(1) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days
prior to the Planning Commission meeting at which the applicant desires to submit the plat for the
Planning Commission's consideration.
(2) Within ten (10) days of filing, the Town Planner shall review the application to determine if it is
complete and shall notify the applicant of any deficiencies. No application shall be submitted to
the Planning Commission or scheduled for a meeting until a complete application has been filed
with the Town Planner.
(3) Within forty-five (45) days from the date of the Town Planner's receipt of a complete application,
a public hearing shall be scheduled for submission of the plat at the next available Planning
Commission meeting. Staff comments and recommendations shall be forwazded to the applicant at
least five (5) days prior to the public hearing date.
(4) The Town Planner shall refer the preliminary plat application to the following departments and
agencies for their comments, unless the Town Planner finds that the proposed subdivision is not
related to the issues addressed by a particulaz entity listed The subdivider shall be required to
provide one reduced copy of the preliminary plat application for each referral. The.mailing cost
shall be paid by the subdivider. The Town Planner shall instruct each of the entities that all
comments must be submitted to the Planning Department within tw ~.u~y-one (21) days from the
date of mailing, or the preliminary plat application shall be deemed to have been approved by the
department or agency as proposed by the subdivider. Each entity shall be notified of the date of
the public hearuig.
(a) The wastewater provider.
(b) The fire protection provider.
(c) The agency handling law enforcement for the Town.
(d) Gas provider.
(e) Telephone provider.
(f) Cable television ~.., eider.
(g) Electric provider.
(h) School district.
(i) Colorado Division of Wildlife (CDOW), if the proposed development is located within a
wildlife mi~u«on route as determined by CROW.
(j) Grand County Planning Department, if the proposed development is located within an
urban growth boundary.
(k} U.S. Army Corps of Engineers, if wetlands may be an issue.
(1) Colorado Department of Transportation, if U.S.40 access is contemplated.
(m) Colorado Water Conservation Board, if the proposed development contains at least 50 lots
or 5 acres (whichever is less) and base flood elevation data is required.
(n) United States Forest Service, if development abuts National Forest Land.
(5) In accordance with C.R.S. 31-23-225, when a subdivision, commercial or industrial activity is
proposed which will cover five (5) or more acres of land, the Town Planner shall also refer the
preliminary plat application to the following entities:
(a) Colorado Land Use Commission
(b) State Geologist
(c) Board of County Commissioners
(6) At least fourteen (14) days in advance of the public hearing, the applicant shall be responsible for
giving notice to all owners of property within two hundred feet (200') of the boundaries of the
proposed development and to all surface owners, mineral owners and lessees of mineral owners to
whom notice is to be sent pursuant to C.RS. 31-23-215. Such notice shall be sent via certified
mail, return receipt requested and shall contain the following inf.~~~ation: The preliminary plat
reduced to 11" x 1T' and a letter advising the property owners when the public hearing has been
scheduled, including a statement that all written comments about the proposed devel„r.~.ent must
be received within twenty-one (21) days from the date of mailing and shall be forwarded to the
Planning Department. The applicant shall provide the Town with a written affidavit prior to the
time of the public hearing reflecting the date of mailing and the names, addresses and legal
descriptions of all parties to whom the proposed plan(s) were transmitted. Failure to properly mail
the r. ~,rosed plan(s) and/or r- „~ side the required affidavit shall be grounds for denial of the
preliminary plat or for a continuance of the public hearing.
(7) Town staff shall publish notice of the public hearing in a newspaper of general circulation at least
fourteen (14) days in advance of the public hearing. Proof of publication shall be supplied at the
public hearing. All publication :,~.r;,..ses shall be paid by the subdivider.
(8) No plat shall be deemed to have been submitted to the Planning Commission until the forgoing
notice and review requirements have been completed and/or satisfied and a public hearing for
consideration of the plat has been duly convened by the Planning Commission. At such public
hearing, the Planning Commission shall consider the application and either approve, approve with
conditions, or deny the application within thirty (30) days after the commencement of such
hearing. Failure by the Planning Commission to act on the plat within said thirty (30) day period
shall constitute approval of the application; ~.., sided, however, the applicant or its authorized
r~~.es:,..t4tive may waive this requlio~ent and consent to an extension of such period for the
Planning Commission's determination if necessary to allow the applicant to make revisions or
provide additional information before the Planning Commission takes final action. Any conditions
of approval or reasons for denial shall be stated in the minutes. Written notice stating these
conditions of approval or reasons for denial shall be sent to the applicant and the Board.
(9) The Planning Commission may, at its discretion, require that the preliminary plat be reviewed by
the Board; provided, however, that any plat which is approved due to the Planning Commission's
failure to take action within thirty (30) days after submission shall automatically be reviewed by
the Board. The Board shall review the preliminary plat within thirty (30) days from Planning
Commission approval or approval with conditions. The Board may approve, approve with
conditions or deny the preliminary plat application.
(10) The approval of a preliminary plat shall be effective for a period of one (1) year from the date that
the preliminary plat is approved by the Planning Commission, at the end of which time the
applicant must have submitted a final plat for approval. The applicant may request an extension by
submitting a written request to the Planning Commission. The Planning Commission shall be
authorized to extend the approval for a period of up to one hundred and eighty (180) days.
(11) Preliminary plat approval shall constitute authorization to proceed with application for final plat
a~,~,.~„val in accordance with the representations made by the subdivider and conditions imposed on
the proposed subdivision. Approval of a preliminary plat shall not constitute final approval of the
subdivision or permission for development to occur.
(12) At any time after preliminary plat approval and before submission of a final plat, the applicant may
request an amendment to the preliminary plat. Town Staff has the authority to deternune whether
proposed amendments are mayor or minor. In the event a promised amendment is determined by
the Town to be major, the Planning Commission shall hold a public hearing on the proposed major
amendment in the same manner as that required for preliminary plat review.
SECTION 12-4b FINAL PLAT
(1) General. An arr.~~ /ed final plat shall be required for all major subdivisions within the Town. No
subdivision shall be aYy~oved until such data, surveys, analyses, studies, plans and designs as may
be required by these regulations and by the Planning Commission and/or the Board have been
submitted, reviewed and found to meet all sound planning and engineering requirements of the
Town. The final plat must be submitted within one (1) yeaz of preliminazy plat ar~~...val, unless
the preliminary plat expiration date had been extended by the Plantung Commission. Approval
and recording of the final plat allows the sales of a subdivision to proceed; except in the case of a
subdivision of condominiums and/or townhomes, where approval of an as-built plat allows the
sales of a subdivision to proceed
(2) An application for a final plat shall be accompanied by the following information:
(a) The application fee as established by resolution of the Boazd.
(b) A current title insurance commitment.
(c) Written proof of water and sewer service, the location of any proposed connection with
existing systems and engineering drawings (if applicable).
(d) Statement of approval signed by a ~~,~~esentative of each utility provider for the electric,
gas, cable television, and telephone companies, fire district, school district, etc.
(e) Engineering drawings of streets.
(f) Written proof of legal access if properly does not have direct contiguous access to a public
and/or private street.
(g} Subdivision Improvement Agreement, if applicable.
(h) Executable originals of the restrictive covenants, condominium or townhome declaration,
property owners' association articles of incorporation and bylaws, and deed of conveyance
to the association for common elements, if applicable. If any liens will exist upon the
subdivided property at the time of plat approval, the Iienholders shall join in the execution
of the declazation. Proof of filing the articles of incorporation and the executed originals of
such documents shall be submitted prior to recording the plat.
(i) Final environmental studies (wetland delineation, flood plain mapping, soils report,
construction feasibility, etc.).
(j) A final drainage report shall be designed by a regi~~~~;d engineer according to generally
accepted storm drainage practices and the Town of Fraser policies.
(k) A final grading plan which illustrates the extent and limits of the land disturbance which is
to occur on the proposed development. The grading plan shall illustrate existing site
ýÿ
features, estimated amounts of cut and fill and shall depict existing and proposed contours,
using a contour interval of one (1) foot.
(1) A soil erosion control plan.
(m) Landscaping plan.
(n) A final traffic plan providing access to, from, and within the proposed subdivision,
including a review and analysis of existing and anticipated roadways, circulation patterns,
traffic volumes, and the incorporation of multi-modal forms of tran~r.,r Cation.
(o) Exterior lighting scheme, including parking lot lighting, mounting height, type of poles,
light source intensity, building lighting and sign illumination, if applicable.
(p) Estimated time schedule for development.
(q) Any other special reports and or information deemed necessary by the Town.
Items (r) and (s) shall be required only if an as-built plat is not required.
(r) A black line mylar(s) for the purpose of incorp.,~.at;ng the data into a 911 emergency
system. The mylar shall be 14" x 18" and shall contain the name of the subdivision, the
section(s), townships} and range(s) in which the subdivision is located, all street names, lot
numbers, street addressing numbers, unit numbers (if applicable) and a range of street
addressing numbers for each street. The inf'~~...~~ation contained on the 14" x 18" mylar
shall also be submitted on two (2) 3-1/2" fl..r~y discs in AutoCAD.dwg or Auto.CAD.dxf.
(s) Two (2) 3-1/2" fl~,~r~r~y discs in AutoCAD.dwg or Auto.CAD.dxf which contain the physical
features of the subdivision. These features include, but not limited to the following: lots
with dimensions and ties to monumentation, roads, easements, drainage and detention ponds,
fire hydrants, sewer and water line layouts, watercourses, legal description, bearing and
distances, utility layouts, zoning, land use, building envelopes and topography.
(t) Twenty seven (27) folded copies of the final plat and fifteen (15) folded copies of the plat
reduced to 11" X 1T'. (The required number of plats may be reduced if the Town Planner
finds that the proposed subdivision is not related to the issues addressed by a particular
referral entity listed.)
(3} The final plat shall contain the following inf.,~.uation and shall conform to the same plat
specifications as those required for a minor subdivision final plat in Section 13-3-3, except the
following title change needs to be incorporated:
(a) Trtle: Major Subdivision-Final Plat
Subdivision Name
Prior Reception Numbers
Legal Description
Town of Fraser, Grand County, Colorado
SECTION 12-4-7 r' t~~AL PLAT -ADDITIONAL REQUIREMENTS FOR CONDOMINIUMS,
TOWNHOMES AND APARTMENTS
1) In addition to the requirements mentioned above, any final plat of a condominium, townhome
and/or apartment development shall also contain the following:
(a) [dentify each building and each of the units by letter or number.
(b} Designate the number of bedrooms in each unit.
(c) Designate density per acre.
(d) [dentify common open space, if applicable.
(e) Square footage of land occupied by buildings and percentage to entire acreage.
(f) Square footage of pazking and driveways and percentage to entire acreage.
(g) Square footage of open space and percentage to entire acreage.
(h) The words and blanks: "Condominium/Townhome Declarations recorded at
reception no. ,Grand County Records." (Not applicable for apartments. )
SEA ~ YON 12-48 FINAL PLAT REVIEW PROCEDURE
(1) All required submittal materials shall be filed with the Town Planner at least forty-five (45) days
prior to the Planning Commission meeting at which the applicant desires to submit the plat for the
Planning Commission's consid;,~al~on.
(2) Within ten (LO) days of filing, the Town planner shall review the application to det..,Yr.~ine if it is
complete and shall notify the applicant of any deficiencies. No application shall be submitted to
the Planning Commission or scheduled for a meeting until a complete application has been filed
with the Town Planner.
(3) Within forty-five (45) days from the date of the Town Planner's receipt of a complete application,
a public hearing shall be scheduled for submission of the plat at the next available Plamung
Commission meeting. Staff comments and recommendations shall be forwarded to the applicant at
least five (5) days prior to the public hearing date.
(4) The Town Planner shall transmit copies of the final plat application to those departments and
agencies to whom distribution of the preliminary plat was made, if additional comment is deemed
necessary due to the greater detail being r~~ sided or substantial modifications to the development
proposal. The subdivider shall be required to provide one (1) copy of the final plat application for
each ro ;.~~.1. The mailing cost shall be paid by the subdivider. The Town Planner shall instruct
each of the departments and agencies that all of their comments must be submitted to the Planning
Department within twenty-one (21) days after receipt of such referral materials, or the final plat
application shall be deemed to have been approved by the referral department or agency as
proposed by the suubdivider. Each referral department or agency shall be notified of the date of
the public hearing.
(5) At least fourteen (14) days in advance of the public hearing, the applicant shall be responsible for
giving notice to all surface owners, mineral owners and lessees of mineral owners to whom notice is
to be sent pursuant to C.R.S. 31-23-215.
(6) Town staff shall publish notice of the public hearing in the official newspaper of record for the
Town at least fourteen (14) days in advance of the public hearing. Proof of publication shall be
supplied at the public hearing. All publication expenses shall be paid by the subdivider.
(?) No plat shall be deemed to have been submitted to the Planning Commission until the forgoing
notice and review requirements have been completed and/or satisfied and a public hearing for
consideration of the plat has been duly convened by the Planning Commission. At such public
hearing, the Planning Commission shall consider the application and either approve, approve with
conditions, or deny the application within thirty (30) days after the commencement of such
hearing. Failwe by the Planning Commission to act on the plat within said thirty (30) day period
ýÿ
shall constitute approval of the application; provided, however, the applicant or its authorized
representative may waive this requirement and consent to an extension of such period for the
Planning Commission's determination if necessary to allow the applicant to make revisions or
provide additional information before the Planning Commission takes final action. Any conditions
of arr.., ~al or reasons for denial shall be stated in the minutes. Written notice stating these
conditions of approval or reasons for denial shall be sent to the applicant, and the Board.
(8) Within thirty (30) days G.,... Planning Commission approval, or arr.~,~val with conditions, the
Board shall review the application and either approve or deny the application. Upon Board
ar~,.~. gal, the plat shall be recorded by Town Staff in the Office of the Grand County Clerk and
Recorder.
SECTION 12-49 AS-BUILT PLAT
(1) Condominium, townhome and apartment developments are required to have as-built plats a~~Y..ved
by the Town. An as-built plat shall g. arhically and dimensionally depict exact locations of all
public and private improvements on the development site.
(2) The as-built plat shall contain the same information as the approved final plat with the following
changes:
(a) Title: As-Built Plat
Minor Subdivision-Final Plat Amendment
Subdivision Name
Legal Description
Prior Reception Numbers
Town of Fraser, Grand County, Colorado
(b) For condominiums, as-built plats shall also include horizontal and vertical layouts of the
air spaces. The second and remaining sheets shall contain:
(i) Sufficient plan and section drawings to completely define the positions of those
various volumetric spaces within the inside walls and roofs which are referred to irn
the condominium declarations.
(ii} The numerical designation of the individual parcels (volumetric or plane) which will
be specifically refereed to in deeds to the owners of the spaces or areas.
(c) A certificate showing approval of the plat by the Planning Commission, with signature by the
Chair~rson, may be omitted
(3) Prior to as-built plat approval, the subdivider shall provide the following:
(a) A black line mylar(s) for the purpose of incorporating the data into a 911 emergency
system. The mylar shall be 14" x 18" and shall contain the name of the subdivision, the
section(s), township(s) and range(s) in which the subdivision is bated, all street names, lot
numbers, street addressing numbers, unit numbers (if applicable) and a range of street
addressing numbers for each street. The information contained on the 14" x 18" mylar
shall also be submitted on two (2) 3-1/2" fl..rry discs in AutoCAD.dwg or Auto.CAD.dxf.
(b) Two (2) 3-1/2" floppy discs in AutoCAD.dwg or Auto.CAD.dxf which c..~.tain the physical
features of the subdivision. These features include, but not limited to the following: lots
with dimensions and ties to monumentation, roads, easements, drainage and detention ponds,
fire hydrants, sewer and water line layouts, watercourses, legal description, bearing and
distances, utility layouts, zoning, land use, building envelopes and topography.
ýÿ
SECTION 12-4-10 AS-BUII.T PLAT REVIEW PROCEDURE
(1) After the final plat has been approved and prior to the transfer or occupancy of property, the
subdivider shall submit five (5) folded copies of the as-built plat and the applicable fee to the Town
Planner. Town Staff shall review the plat and check the devel.,r~...ent site within fourteen (14) days
of submission If Town Staff is satisfied that all of the requi.,;...ents of these regulations have been
met, the as-built plat shall be recorded by Town Staff in the Office of the Grand County Clerk and
Recorder.
(2) Should the Town Staff determine that substantial differences exist between the final plat and the as-
built plat to warrant review by the Planning Commission, the Town Planner shall schedule a public
hearing and the same procedure as specified for final plat review in Section 12-4-5 shall be adhered
to.
(3) No approvals for Certificates of Occupancy will be given until after the as-built plat has been
approved and recorded in the Office of the Grand County Clerk and Recorder. Approval and
recording of the as-built plat allows the sales of the subdivision to proceed.
ýÿ
ARTICLE 12-5
ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS
SECTION 12-5-1 SUBDIVISION IMPROVEMENTS AGREEMENT
(1) Purpose. The subdivider shall be required to complete all subdivision improvements as specified in
these regulations and as provided on the final plat and all supplemental plans and materials approved
by the Board. The subdivider and the Town shall agree on the type, location and extent of all
necessary subdivision improvements depending on the characteristics of the proposed development
and its relationship to the surrounding area. Failure to reach agreement on all such matters shall be
grounds for denying approval of the final plat. All subdivision imr. ~., cements shall be made at the
subdivider's expense, according to the specifications of the Town. The subdivision imr.., cements
agreement is a written contract between the Town and the subdivider providing for and describing
conditions of approval for subdivision improvements to be constructed as part of a subdivision
development. It shall, at a minimum, set forth construction specifications for required subdivision
improvements, ri ~ ride dates for completion of the improvements, and identify the terms and
conditions for the acc:.rt~nce of the improvements by the Town. It shall also r.., side for such
financial assurances as necessary to insure the proper and timely installation of improvements. The
subdivision improvements agreement shall run with the land and bind all successors, heirs and
assignees of the subdivider. Subdivision improvements agreements shall be approved by the Board,
and recorded in the Office of the Grand County Clerk and Recorder.
(2) Agreement Reauired. No final plat shall be executed by the Town and no building permit shall be
issued for any subdivision involving or requiring the installation of subdivision imY~.~ cements without
the execution of a written subdivision improvements agreement.
(3) Costs of Im~~~~~ements. All required im~,..,~emeats shall be constructed by the subdivider, at his/her
expense, without reimbursement by the Town or any improvement district except that, as maybe
allowed under Colorado State law, the subdivider may form or cause to be formed, a special district or
districts to construct and finance the construction of required subdivision improvements. If the
subdivider does form or cause to be formed, a special district for the purposes identified in this
subsection, the Town shall not release the subdivider from its obligations under any subdivision
improvements agreement nor shall the Town release any collateral. until the special district has sold
bonds or othervv~se certifies to the Town that it has an absolute right to raise revenues sufficient to
construct, maintain and warrant the quality of the required subdivision improvements.
(4) Collateral Required.
(a) Suitable collateral to ensure the completion of subdivision improvem;,.~l~ as stipulated in the
subdivision improvements agreement, shall accompany the final plat submission. The
collateral shall he no less than ane hundred and twenty-five percent (125%) of the estimated
costs of all subdivision improvements. The collateral shall be in a form of a certificate of
deposit, l.,l~~~ of credit, cash or other such legal assurance as may be deemed appropriate by
the Town and approved by the Town Attorney.
(b) Should a subdivider not provide collateral to ensure completion of the required public
improvements, work on the improvements shall not be commenced and the final plat shall not
be executed by the Town.
(c) No collateral, whether a letter of credit, performance bond or other instrument, drawn upon a
company, bank or financial institutional having any relationship to the subdivider or any
principal, director, officer or shareholder of the subdivider (other than the relationship of
depositor or checking account holder), shall be acceptable. The Town may reject any security
for any reason.
(5) Release of Collateral. The subdivider may apply in writing to the Board for a partial or full release of
collateral as the required subdivision improvements in a subdivision are completed.
(a) Upon receipt of such applications, the Town Staff shall inspect the completed public
improvements.
(b) If the Town Staff determines upon inspection that the improvements have been made in
accordance with the subdivision improvements agreement, a portion of the collateral may be
released upon approval by the Board; however, collateral sufficient to cover at least one
hundred and twenty-five percent (125%} of the estimated cost of any remaining or incomplete
improvements shall be retained.
(c) No partial releases of collateral shall be granted in amounts less than twenty percent (20%) of
the total original collateral.
(d) The final twenty percent (20%) of the original collateral will not be released until all the
imY. ~ cements have been accepted and any applicable warranty periods have ;,1-Yrred.
(6) Town Use of Collateral. If the Town Staff determines that upon inspection that any one or more of the
required improvements have not been constructed in accordance with the subdivision improvements
agreement, the Town Staff shall sa notify the subdivider in wriring. The letter shall state the
unsatisfactory conditions and inform the subdivider that the Town intends to withdraw funds from the
collateral for the purpose of correcting, repairing and/or completing the improvements. The
subdivider shall further be informed of hislher right to be heard before the Board within thirty (30)
days from the date of notification. After the hearing, or the thirty (30} day period, if the Board
determines that the subdivider will not or can not construct the subdivision improvements in
accordance with the subdivision imr,.. ~emo.~w agreement, the Town may withdraw funds fi.,u~ the
collateral, and ..1-~.:.ud such funds as may be necessary to correct, repair and/or construct the agreed
upon subdivision unprovements. Collateral funds vv~thdrawn may include covering such costs,
including reasonable engineering and attorney's fees, as are necessary for the Town to administer the
construction and correct, repair or complete the subdivision improvements.
(7) Phased Inspections and Corrections of Defects.
(a) Upon completion of each phase of subdivision improvements construction, as set forth in the
subdivision imrY~.; /ements agreement, the subdivider shall notify the Towa Staffand request
inspection. The Town Staff shall inspect the completed subdivision improvements and shall
within five (5) days of the inspection, notify the subdivider, in writing, whether or not any
unsatisfactory conditions were found.
(b) Upon notification of unsatisfactory conditions, the subdivider shall take necessary corrective
measures and shall again request inspection. Such process shall continue until the subdivider
receives notification that no unsatisfactory conditions exist.
(c} If the Town Staff determines that the subdivider is not constructing any or all of the
improvements in accordance with the subdivision imY..,~ cements agreement, the Town Staff
shall notify the subdivider of noncompliance, and shall have the power to stop construction
work on the subdivision imr~., cements until a schedule and agreement on compliance have
been reached
(8) Acceptance of Dedication Offers: Acceptance of formal offers of dedication of streets, public areas,
easements, and land for schools and/or parks shall be by resolution of the Board or by endorsement
with appropriate plat notes to this effect.
(9) Preliminary Acc.,~t«nce:
(a) Upon completion of subdivision improvements construction, the subdivider shall notify the
Town Staff and request inspection. The Town Staff shall inspect all subdivision improvements
and shall within five (S) days following the inspection, notify the subdivider, in writing, of non-
acceptance or preliminary acceptance. If the subdivision improvements are not acc~r~ble, the
reasons for non-acc:,rt«nce shall be stated and corrective measures shall be outlined.
(b) Upon preliminary acceptance, the Town will assume responsibility for snow removal, but the
subdivider shall remain responsible for all other maintenance and repairs pending final
ýÿ
acceptance. At the Town's discretion, it may elect not to plow the streets until there is
devel.,~,~..ent on individual lots that warrant access.
(c) The Town shall not be required to make inspections during any period when climatic
conditions interfere with making a thorough inspection, as determined by the Town
representative making the inspection.
(d) As a condition for preliminary acc~~lance of the improvements, the subdivider shall submit to
the Town, an "as-built" plat for all improvements. If any subdivision improvements that are
designed or intended to be public improvements have not previously been dedicated on the
final plat of the subdivision, such improvements shall be conveyed to the Town, or other
appropriate entity, by general warranty deed (if real estate) or by bill of sale with full warranty
of title (if Y;,.~onal property), free and cleaz of all liens, encumbrances and restrictions. If such
improvements include real estate not dedicated on the final plat, the subdivider shall provide a
policy of title insurance, in an amount aYr.~., Ded by the Town, demonstrating to the satisfaction
ofthe Town Attorney, that the Town or other entity is or will be the owner of such
improvements free and clear of any and all liens, encumbrances and restrictions.
(e) Building permits will be issued for only that part of the final plat for which the required
subdivision im~~~. cements have been completed and preliminarily accepted by the Town.
(10) Final Acceptance and Release of Collateral:
(a) Twelve (12) months following preliminary acceptance, the Town shall inspect all public
improvements for final acceptance. The Town Staff shall notify the subdivider in writing of
non acceptance or final acceptance. If the im~,.~~Dem~uw are not acct, fable, the reason for
non-acceptance shall be stated in writing, and corrective measures shad be timely c.,.urleted by
the subdivider.
(b) Upon final acc:,~;~..nce, by a resolution of the Board, the Town shall release the remaining
collateral and assume all future maintenance and repair responsibilities for the public
imr~.., Dements.
SECTION 12-~2 DEFER.RAL OR WAIVER OF REQ~,ri,ED SUBDIVISION IMPROVEMENTS
(1) At the time of final plat approval, the Board may defer or waive, subject to ar~r,~Yriate conditions, the
provision of any or all. subdivision imp... Dements as, in its judgment, aze not regw.site in the inlo~~,sts
of public health, safety and welfare, or which are inappropriate because of inadequacy or lack of
connecting facilities. Any determination to defer or waive the Y..,~ /isions of any subdivision
ilu~,.ovements must be specifically stated on public record including the reasons for the deferral or
waiver.
(2) Whenever it is deemed necessary by the Board to defer the construction of any subdivision
imY. ~.,~ cements required because of incompatible grades, future planning, inadequate or non-existing
connecting facilities, or for other reasons, the subdivider shall pay his/her share of the costs of the
future imy~~Dements to the Town prior to the Planning Commission and Board signing the final plat,
or the subdivider may execute a subdivision improvements agreement secured by collateral
guaranteeing complerion of the deferred subdivision improvements upon demand of the Town.
ARTICLE 12-6
SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS
SECTION 12-6-1 GENERAL
(1 } Proposed projects should be designed to be integrated with the existing community and minimize
negative impacts on adjacent land uses. No subdivision shall be approved unless the Town determines
that public facilities will be adequate to support and service the area of the proposed subdivision. Area
needs for water, wastewater treatment facilities, storm water drainage facilities, open space, parks,
schools, fire stations and other public facilities must be provided depending on the location and density
of each subdivision. No proposed subdivision shall be approved unless the Town finds that it complies
with all applicable general and specific design and improvement standards set forth below. If the
proposed subdivision does not comply with the design and improvement standards, it shall either be
approved with conditions which assure compliance with all such standards, continued until a future
date or denied.
SECTION 12-6-2 SUBDIVISION DESIGN STANDARD COMPLIANCE
(1) Conformance to Applicable Rules and Regulations. In addition to the requirements established in
these regulations, all subdivisions shall comply with laws, rules and regulations identified in or by:
(a) Colorado Revised Statutes, as amended;
(b) The Fraser Zoning Ordinance, Fraser Municipal Code, the currently adopted editions of the
Uniform Building, Mechanical, Plumbing, Traffic and Fire Codes, and all other applicable
rules and regulations of the Town;
(c} The Fraser Comprehensive Plan and Official Zoning Map; and
(d) The rules of any State and/or Federal agencies having jurisdiction over certain development
aspects.
(2) No application for subdivision shall be approved if not in compliance with the foregoing requirements,
and such failure shall be reasonable grounds for denial of the application.
(3) Self-Imposed Restrictions. If the owner places restrictions on any land contained in a subdivision
greater than those required by these and/or other rules and regulations of the Town, such restrictions or
reference to those restrictions shall be denoted on the plat and subsequently recorded in the Office of
the Grand County Clerk and Recorder.
(4) Plats Straddling Municipal Boundaries. In general, lot lines should be laid out so as not to cross
municipal boundaries. Whenever access to a subdivision is required across land outside the Town
boundaries, the Town shall require assurance that access is legally established, and that the access road
is adequately improved, and/or that a guarantee has been executed and is sufficient in amount to assure
the construction of the access road.
(5) Monuments. All monuments and surveys in a subdivision, including all interior lot corners, shall be
set in accordance with Articles 50 and 51 of Title 38, Colorado Revised Statutes, as amended, prior to
the execution of the final and/or exemption plat.
SECTION 12-6-3 SPECIAL St Y r: CONSIDERATIONS
(1) Natural Hazards and Conditions. Based on a finding by a qualified engineer, engineering geologist or
other professional, no land shall be subdivided which is held by the Planning Commission to be
unsuitable for subdivision by reason of one-hundred (100) year flooding frequency, high water table,
mud-flow, rockslide or other potential natural hazard, feature or condition likely to be harmful to the
health, safety or welfare of the Town, its residents or future residents in the proposed subdivision. In
the case of land which is partially affected by any of the above features, it may be subdivided provided
that the Planning Commission finds that the proposed use of the lots will not be adversely affected by
the hazard or special condition.
(2) Flood Plains. Development is discouraged within the one hundred (100) year flood plain. All
subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5)
acres (whichever is less) shall provide the Town with base flood elevation data per Fraser's regulations
pertaining to the prevention of flood damage. Technical data and other information requested by the
Town shall be prepared by a registered professional engineer. This and other information is necessary
to determine applicability to and evaluation of developments on lands subject to flooding or located in
a natural drainage area. A development permit shall be obtained before construction begins within any
area of special flood hazard. An application for a development permit shall include, but not limited to:
elevation, in relation to mean sea level, of the lowest floor of all structures; elevation, in relation to
mean sea level, to which any structure has been wat~~~,~oofed; certification by a registered professional
engineer or architect that the floodproofing methods for any non residential structure meet the
floodproofing criteria as set forth in Fraser Ordinance No. 216; and a description of the extent to which
any watercourse will be altered or relocated as a result of any proposed development.
(3) Stream Setbacks. A minimum thirty foot (30') setback from the high water mark on each side of the
Fraser River, Elk Creek, Leland Creek and Saint Louis Creek shall be r,~lected for water quality.
Earth and vegetation disturbance within this setback shall be minimized to protect the integrity of the
watercourse. Water diversion facilities, flood control structures, bridges and other reasonable and
necessary structures requiring some disturbance within this setback may be permitted. Trails maybe
permitted within this setback at the discretion of the Town. A greater setback, up to one hundred and
fifty feet (150') may be required depending on soil permeability and erodability, slope, cover
conditions and i~~~~.sity of adjacent land use. The required stream setbacks shall be determined by the
Planning Commission.
(4) Wetlands. Dredging and/or filling of wetlands, and construction in or directly adjacent to any
watercourse, such as culvert or bridge installation, shall require measures to protect water quality and
channel stability. In all cases, construction shall conform to applicable U. S. Army Corps of Engineers
permitting requirements.
(5) Soils:
(a) Report. Soil types shall be generally described and/or illustrated in sufficient detail to indicate
any potential development problems resulting from groundwater, instability in road
excavations and fills, expansive soils, structural bearing strength for building foundations, etc.
(b} Stabilization. All disturbed areas and exposed soils shall be stabilized and protected to
effectively control erosion by using appropriate techniques such as hydromulching, erosion
c.,,~l~ol blankets, bonded fiber matrices, or other equally protective measures. Grass or straw
mulch should be crimped, tracked or tacked in place to promote surface anchoring. Within two
(2) full growing seasons of project completion, vegetative site coverage shall have a
perennial herbaceous component equal to or greater than seventy percent (70%) of the adjacent
undisturbed areas.
(6) Steen Slopes. Developments shall not occur on slopes greater than thirty percent (30%). In general
such steep land, unstable land and land with inadequate drainage shall not be platted unless a part of
each tract or parcel, sufficient to accommodate a building permit, is deemed buildable by a qualified
engineer and all mitigation measures necessary to prevent lateral movement and/or slippage of
improvements have been a~,~,r „ved by the Town Engineer.
(7) Cut and Fill Slopes. Cut and fill slopes shall be kept to a minimum. Graded or filled slopes shall be
kept to a three to one (3:1) slope or less and designed for long term stability. Stabilization may be
attained by permanent vegetation, utilizing retaining walls, rock walls, up slope runoff diversions,
terracing, slope drains, soil nailing, mulch binders, erosion control blankets or other measures
appropriate for the specific situation.
(8) Solar Orientation. All developments subject to these regulations shall maximize solar access in
building site planning in terms of street layout and building orientation.
(9) Wildlife Habitat.
(a) Subdivision design shall avoid development in or near significant wildlife habitat, as
determined by the Colorado Division of Wildlife.
(b) Buffer zones, as recommended by Colorado Division of Wildlife shall be provided and
maintained between wildlife habitat areas and developed areas.
(c) Removal of vegetation shall be prohibited within identified wildlife habitat areas and buffer
zones.
(d) Historic access for managing wildlife shall be maintained
(10) Buffers. Where a residential subdivision borders a railroad and(or highway right-of--way, the Town
shall require a minimum twenty-five foot (25') buffer strip, in addition to the normal depth of the lot
required in the zoning district, between the right-of-way and the subdivision to serve as protection
against hazards and undesirable effects of the railroad and/or highway. The buffer strip shall contain
plantings, landscaped earthen berms, screening, retention of existing vegetation, fencing or other
reasonable measures to substantially reduce adverse impacts. No imr,~~-~ements shall be constructed
in a manner that would create adverse impacts to the buffered area. At the discretion of the Planning
Commission, a plat note may denote that this buffer strip shall permanently remain free of any
structures.
SECTION 12-6-4 LOTS
(1) Lot Dimension. Lot dimensions shall comply with the minimum standards of the Fraser Zoning
Ordinance.
(2) Lot Arran~;~,u~ent. Lots with unusual configurations, will be discouraged, unless topography or other
physical limitations of the property suggest otherwise.
(3) Access to Lots and Double Frontage Lots.
(a} Each lot shall have safe access to a public or private street.
(b) Access from Arterial and/or Collector Streets. Lots shall not derive access exclusively from an
arterial or collector street.
(c) Double Frontage Lots. Double frontage and reversed frontage lots shall be avoided except
where necessary to provide separation from incompatible land uses or to overcome specific
disadvantages of topography and/or orientation.
(4) On a corner lot, the shorter street frontage shall be considered the front lot line.
SECTION 12-6-5 BLOCKS
(1) Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions
to this block width shall be permitted in blocks adjacent to major streets, railroads or waterways.
(2} The lengths, widths and shapes of blocks shall be such as are appropriate for the Town, limitations of
topography and the type of development contemplated, but block lengths in residential areas shall not
exceed two thousand two hundred feet (2,200') or twelve (12) times the minimum lot width required
in the zoning district, nor be less than four hundred feet (400') in length. Wherever practicable, blocks
along arterial and collector streets shall be not less than one thousand feet (1,000') in length.
(3) In long blocks, the Planning Commission may require the reservation of an easement through the block
to accommodate trails, utilities or storm water drainage facilities.
SECTION 12-6-6 PUBLIC DEDICATION REQUIREMENTS
(1) Purpose. The purse of the public dedication requirement is to provide public facilities and/or
services made necessary as a consequence of a subdivision, in an amount roughly proportional to the
impact of the subdivision upon such facilities and/or services or the increased need for them brought
about by a subdivision. New residential subdivisions require services provided through municipal
facilities which aze constructed, in part, through dedication of land necessary to construct the facilities.
Absent land dedication by new subdivisions, sufficient land may not be made available at the time of
subdivision to provide necessary services to new residents. In order to provide public services, the
Town of Fraser requires certain dedications of land, or in the appr~i,~:ate circumstances, payment of
fees-in-lieu of dedication. It is the intent of this Section that new development pay its proportionate or
pro-rata share of the costs attributable to the new growth, thereby relieving the public generally from
subsidizing the cost of improvement and facilities attributable to new development. Each residential
subdivision of land within the Town shall dedicate land, or where appropriate, pay afee-in-lieu of
dedication for schools and parks in accordance with this Section. The location of dedication required
shall be mutually agreed upon by the Town and the applicant. The Town may consider
recommendations from other agencies which would be directly involved in the development and
services of these areas.
(2) Dedications and/or Convevances. Land dedications and/or conveyances shall be negotiated either
upon annexation of the land area to the Town or prior to final plat approval and shall be implemented
in one of the following ways:
(a) A fee simple dedication to the Town granted via plat note on the final plat.
(b) A fee simple conveyance to the Town granted via warranty deed.
(c) A fee simple conveyance to an owners' association granted via warranty deed may be
acceptable for open space, if approved by the Town.
(d} Payment of fees-in-lieu of land dedications where permitted and approved by the Town.
In each case where land is to be dedicated and/or conveyed to the Town or to an owners' association, the
subdivider shall submit with the final plat application, a title insurance commitment indicating that the land is
owned by the subdivider free and cleaz from all liens, encumbrances and restrictions. Title insurance shall be
provided by the subdivider in an amount equal to the approximate value of the property to be dedicated and/or
conveyed, as approved by the Town. The executed deed, if applicable, and the payment of the premium for the
title insurance policy shall be delivered to the Town prior to the recording of the final plat.
(3) Land Dedication for Schools. The Board shall adopt a resolution setting forth the formula to be
used to determine the provision of land areas for schools within a subdivision. Land dedicated for
public school use within a subdivision shall not include steep slopes, hazardous geologic formations,
adverse topography or other features that maybe harmful to the health, safety or welfare of the public.
(4) Fees-in-lieu for Schools.
(a) In lieu of any dedication of land required by this Section, the Town may request and, if
requested, the subdivider shall make a payment to the Town if
(i} the Town determines that the amount or quality of land to be dedicated by the
subdivision pursuant to this Section would not be of adequate size or quality to achieve
the purpose of the dedication; or
(ii) the Town determines that the dedication of land would not serve the health, safety
or welfare of the public.
(b) The amount of the payment-in-lieu of any land dedication shall be determined as follows:
multiply the fair market per acre value of the entire properly proposed for subdivision, as of the
date immediately prior to approval of the final plat, by the total acreage of land that is required
for dedication.
(c) The fair market acre value of land for purposes of determining the amount of a payment in-lieu
of land dedication shall be determined by mutual agreement between the Town and the
subdivider. In the event of inability of the above parties to agree on the fair market acre value
of the subject land, an independent real estate appraisal shall be obtained by the Town at
the subdivider's cost. The value determined by the appraisal shall be binding upon the
Town and the subdivider.
(d) Payments made under the requirements of this Section shall be made payable to the Town of
Fraser. All moneys collected by the Town shall be deposited in an interest-bearing account
which cleazly 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. The
Town shall receive such funds either upon annexation of the land area to the Town or at the
time of final plat approval.
(e) Funds may be withdrawn from the interest-bearing account only for the acquisition of
reasonably necessary sites and land areas or for capital outlay purposes for schools and/or for
growth-related planning functions by the school district for educational purposes.
(5) Transferal to School District. Land conveyed to the Town for public school sites shall be
transferred and conveyed to the appropriate school district upon written request by the District. Funds
paid to the Town in-lieu of dedication of land areas for public school sites shall be made available to
the appropriate school district upon written request by the school district.
(6) Land Dedication for Pazks/O~en St~ace. The Board shall adopt a resolution setting forth the
formula to be used to determine the provision of land areas for pazks/open space within a
subdivision.
(a) Land dedicated for public park/open space use:
(i) may include open space, histoncal or natural features and proposed public azeas;
(ii) shall lend itself to utilization for active recreational use such as a public park, picnic
area, trails, ballfields or recreational structures and shall include a minimum of ninety
percent (90%) of land with a slope often percent (10°l0) or less;
(iii) shall not include steep slopes, hazardous geologic formations, adverse topography or
other features that may be harmful to the health, safety or welfare of the public; and
(iv) shall not be less than three thousand (3,000) square feet in size unless approved by the
Town.
(7) Fees-in-lieu for Parks/C3nen Space.
(a) In lieu of any dedication of land required by this Section, the Town may request and, if
requested, the subdivider shall make a payment to the Town if
(i) the Town determines that the amount or quality of the land to be dedicated by the
subdivision pursuant to this Section would not be of adequate size or quality to achieve
the purpose of the dedication; or
(ii) the Town determines that the dedication of the land would not serve the health, safety
or welfare of the public.
(b} The amount of the payment-in-lieu of any land dedication shall be determined as follows:
multiply the fair market per acre value of the entire property proposed for subdivision, as of the
date immediately prior to approval of the final plat, by the total acreage of land that is required
for dedication.
(c) The fair market acre value of land for purposes of determining the amount of a payment in-lieu
of land dedication shall be determined by mutual agreement between the subdivider and the
Town. In the event of inability of any of the above parties to agree on the fair market acre
value of the subject land, an independent real estate appraisal shall be obtained by the Town at
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the subdivider's cost. The value determined by the appraisal shall be binding upon the
subdivider and the Town.
(d) Payments made under the requirements of this Section shall be made payable to the Town of
Fraser. 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. The
Town shall receive such funds either upon annexation of the land area to the Town or at the
time of final plat approval.
(e) Funds may be withdrawn from the interest-bearing account only for the acquisition of
reasonably necessary sites and land areas or for other capital outlay purposes for parks/open
space and/or for the development of the sites and land areas for park purposes.
(8) Substitute Land Dedication: As an alternative means of satisfying the required dedication of land
within a subdivision as provided by this Section, a subdivider may offer to the Town a substitute
dedication of land of equivalent size owned by the subdivider that is located outside of the proposed
subdivision; provided, however, that nothing herein shall obligate the Town to accept such substitute
dedication. The Town shall not accept any substitute dedication located more than three (3) miles
from the Town boundary existing at the time of subdivision.
(9) Developer's Option for Site Specific Dedication Studv. In the event that the developer disagrees with
the Town's determination concerning dedication of land and/or payment in-lieu of dedication of land
as required by this Section, the developer may request a continuation of any subdivision processing
and review by the Town and the developer may prepare a study evaluating the demand for public
facilities made necessary or generated by the proposed deveh,ru~ent. Such study shall be
undertaken at the developer's cost by a licensed professional engineer or other professional approved
in advance by the Town. To the greatest extent possible, the study shall include an evaluation of the
Town's present supply or capacity and present demand for all public facilities and/or services required
by the proposed development. The study shall identify and quantify the additional demand placed
upon such public facilities and/or services by the proposed development. The study shall
incorporate the conclusions of reports, evaluations and other studies published by authoritative sources
concerning the per capita and other ratio of schools and parks/open space commonly found in other
communities. The study shall identify the necessary public land and improvements required to be
dedicated or constructed by the developer in order to serve the demand generated by the proposed
development. Such study shall be considered by the Town in determining the dedication of land
required by this Section for the proposed development.
(10) Waiver of Reaui~;,~.,ents. The Town may waive the required dedication of land or the payment in-lieu
of dedication required by this Section in the following cases:
(a) when the project has already been fully developed and the subdivision of land is necessary to
bring the land into conformance with the as-built or as-constructed development; or
(b) when the development does not result in any increase in demand for school and parks/open
space.
(11) Conveyance to Owners' Association. Whenever any subdivision application involves private open
space or common elements to be owned by an owners' association, the subdivider shall submit with
the final plat application, a warranty deed to transfer such property to the association, together with a
title insurance commitment indicating that the land is owned by the subdivider free and clear from all
liens, encumbrances and restrictions. Title insurance shall be provided in an amount equal to the
approximate value of the property conveyed to the association, as approved by the Town. The
executed deed and payment of the ~,~o.~~ium for the title insurance policy shall be delivered to the
Town prior to the recording of the final plat.
SECTION 12-6-7 PUBLIC RIGHTS-OF-WAY
(1) General. In order to provide for streets of suitable location, width and improvement to accommodate
prospective traffic and provide satisfactory access to police, firefighting, snow removal, water,
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wastewater, storm water drainage and road maintenance equipment, and to coordinate streets so as to
create a convenient system, the following street design standards aze required:
(2) Streets, trails and sidewalks shall be aligned to join with planned or existing public rights-of--way
adjacent to a subdivision.
(a) Streets shall be extended to the boundaries of the subdivision, and to adjacent lands, except
where such extension is prevented by topography or other physical conditions, or where the
connection of streets with existing or probable future streets is deemed unnecessary by the
Town.
(b) Where the future extension of a street is anticipated, a temporary turn-a-round utilizing a circle,
T-shaped or Y-shaped t~.~~~inal shall be provided.
(3) A T-shaped or Y-shaped terminal may be provided as an alternative to a cul-de-sac. Where provided,
the "wings" of the T or Y shall be at least thirty-two feet (32'), measured from the street centerline
and at least sixteen feet (16') wide, exclusive of parking spaces.
(4) Street Hard Surfacins and Improvements. After all utilities have been installed by the developer, the
developer shall pave all streets to the widths specified in these regulations. Adequate r~„ Jisions shall
be made for on and off-site drainage improvements.
(5) Excess Right-of-Wav,. Right-of-way widths in excess of the standards designated in these regulations
shall be required whenever, due to topography, or other conditions, additional width is necessary.
(6) Intersections.
(a) Streets shall be designed so.as to intersect as neazly as possible at right angles. A proposed
intersection of two (2) new streets at an angle of less than seventy-five degrees (75°) shall be
prohibited. An oblique street should be curved approaching an intersection and should be
approximately at right angles for at least one hundred feet (100') therefrom. It is preferable
that not more than two (2) streets shall intersect at any one (1) point.
(b) Minimum curb radius at the intersection of two (2) local streets shall be at least twenty feet
(20'). Minimum curb radius at an intersection involving an arterial and/or a collector street
shall be at least twenty-five feet (25'), unless a larger radius is deemed necessary by the Town
for emergency services. Abrupt changes in alignment within a block are discouraged; but if
necessary shall have the corners angled in accordance with standard engineering practice to
permit safe vehicular movement.
(c) Intersections shall be designed with a minimal grade whenever practical. In hilly or rolling
areas, at the approach to an intersection, a leveling azea shall be r~.. sided having not greater
than a two percent (2%) slope at a distance of sixty feet (60'), measured from the neazest right-
of-way line of the intersecting street.
(d) Where any street intersection will involve earth banks or existing vegetation inside any lot
corner that would create a traffic hazard by limiting visibility, the developer shall cut such
vegetation in connection with the grading of the public right-of--way to the extent deemed
necessary to provide adequate sight distance.
(e) No substantial impediment to visibility between the heights of three feet (3') and eight feet (8')
shall be created or maintained at street intersections within a triangulaz area described as
follows: Beginning at the point of intersection of the edges of the driving surface, then to
points twenty-five feet (25') along both intersecting edges and then along a traverse line
connecting these points.
(f) The cross-slopes on all streets, including intersections, shall be three percent (3%) or less.
(g) Proposed new intersections along one side of an existing street, shall, wherever practical,
coincide with any existing intersections on the opposite side of such street. Whenever streets
are not aligned, off-sets shall be at least one hundred and thirty five feet (135'), centerline to
centerline, except where the intersected street has separated dual driving lanes without median
breaks at either intersection. Where streets intersect arterial and/or collector streets, their
alignment shall be continuous. Intersection of major streets shall be at least eight hundred feet
(800') apart.
(7) Cul-De-Sacs. A street may end in a permanent cul-de-sac, provided that it is no longer than one
thousand feet (1000') and the turnazound diameter is at least one hundred feet (100') with a
pavement diameter of ninety feet (90'). At the discretion of the Town, abulb-type turnaround may be
required. Bulb-ty~ twnazounds shall have a minimum pavement diameter of ninety feet (90') and a
minimum right-of--way of one hundred and fifty feet (150') in diameter. All center islands within the
turn-azound shall have a maximum shoulder diameter of fifty-fow feet (54'). Where a street is
designed to connect with a future street, a temporary turnaround, constructed to the same standards as
the road shall be provided with a radius equal to that required for pavement on a permanent cut-de-sac.
If the temporary turnaround is to exist for a period of less than twelve (12) months the developer may
forego paving the turnaround area, provided a guazantee for paving is provided to the Town.
(8) Half streets shall be prohibited. When a proposed half street in one subdivision is adjacent to another
property, the approval of the adjacent owner shall be obtained and the entire street shall be platted and
dedicated by the owners. It shall be the responsibility of the subdivider to acquire any additional right-
of-way that may be necessary.
(9) Reverse cwves on arterial and collector streets shall be joined by a tangent at least two hundred feet
(200').
(10) Street Names. Signs and Traffic C~,ul~ol. All street names shall be shown on the final plat See
appendix for street addressing definitions and numbering. The developer shall pay for and install all
parking, striping, traffic control and streets signs necessary to serve the proposed subdivision. Street
signs shall be consistent in size and design with the existing street signs throughout Fraser. No streets
names shall be used which duplicate or may be confused with the names of existing streets in Fraser
and/or Grand County. The Planning Commission may accept recommended names for streets from
the developer or choose other names it finds more ar~„~priate. Existing street names shall be used for
all extensions or continued alignments of existing streets.
(11) Subdivision road systems shall be designed with two (2) or more dedicated access roads for separate,
multiple ingress and egress.
(12) Exterior Boundary Fences and Gated Communities. To prevent the segregation of neighborhoods,
subdivision boundary fences and gated communities are prohibited.
(13) On all azeas of land proposed for subdivision where the general configuration of the undisturbed
surface slopes fifteen percent (15%) or more in any direction, a grading plan showing revised contows
for street construction shall be submitted. Such plan shall show the e,~l~r.t and percent slope of cut and
fill areas created by street construction. No back slope shall exceed a ratio of three feet (3') horizontal
to one foot (1') vertical. All cut and fill slopes and retaining structures shown as a result of street
construction shall be located within the dedicated right-of--way. A reve~:,:~.tion plan shall be submitted
for all cut and fill slopes. The revegetation plan shall use native or similar plants and include a cost
estimate. The reve~:'.4tion plan shall be implemented concurrently with street construction.
(14) When a street parallel to a railroad right-of--way intersects a street which crosses an at-grade railroad
right-of--way, they shall, to the extent practicable, be at a distance of at least one hundred and fifty feet
(150') from the railroad right-of--way. Such distance shall be determined with due consideration of the
minimum distance required for future sepazation of grades by means of appropriate approach
gradients.
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(15) Radius of curvature on centerline of each dedicated street shall be a minimum for safe stopping
distance based on the speed limit for the proposed street.
(16) Upon preliminary acceptance of public streets within a subdivision, the Town shall assume
responsibility for snow removal, but the subdivider shall remain responsible for all other maintenance
and repairs pending final acceptance. At the Town's discretion, it may elect not to plow the streets
until there is development on individual lots that warrant access. Upon final acceptance of public
streets within a subdivision, the Town shall assume all future maintenance and repair responsibilities
for the public streets.
(17) Widening and Realignment of Existing Roads. Where a subdivision borders an existing narrow street
or when the Comprehensive Plan, and/or Official Map indicate plans for widening and/or realignment
of a street that would require use of some of the land in the subdivision, the applicant shall be required
to improve and dedicate at his expense such areas for widening and/or realignment of such streets.
(18) Bridges. Bridges shall be designed by a registered engineer and subject to a~.r.~„ gal by the Town
Engineer. Bridges of primary benefit to the applicant, as determined by the Town, shall be constructed
at the full expense of the applicant. A cost sharing expense for the construction of bridges not of
primary benefit to the applicant, as determined by the Town, will be fixed by a cost sharing agreement
between the Town and the applicant.
(19} Street Classification.
(a) Streets shall be pawed with asphalt. Alternate hard surfacing materials may be permitted at
the discretion of the Town. The grades of streets should conform as closely as possible to
the original topography and combinations of steep grades and curves should be avoided
Road grades shall not exceed seven percent (7%). All streets are to be designed by a
regi,~,~~,d engineer per specifications contained herein and those of the Town. Pavement
depth shall be determined from a pavement design based on a soils report ~,~~r~.red for the site
and anticipated vehicular loading. The minimum depth of pavement shall be five inches (5").
ROW Roadbase Favement
Classification Width Width Width
Arterial Hwys To conform to Colorado Department of Transportation (COOT) standards.
Arterial
Streets 60' 42' 36'
Collector
Streets 60' 36' 24'
Local
Streets 36' 32' 24'
Private
Streets 32' 28' 20'
Private 24' 22' 20'
Drives
Alleys 20' 20' 20'
(20) Allevs and Easements:
(a) Alleys in residential subdivisions shall be discouraged unless they are necessary to continue
an existing pattern. Alleys in residential subdivisions do not need to be paved.
(b) Paved alleys may be incorporated into commercial and industrial areas to provide for service
access and loading areas.
(c) Utility easements shall be provided along lot lines, as needed. Easement width shall be ten feet
(10') to twenty feet (20'), to be determined during plat review.
SECTION 12-6-8 STANDARDS FOR TRAILS AND SIDEWALKS
(1) Trails Requirements: It is the policy of the Town to require trails to be dedicated to the Town to provide
a means for alternative transportation and recreational opportunities. Subdivision proposals shall
include, as a component of the required subdivision improvements, a trail system designed to integrate
with established and planned trails in the Town and within three (3) miles of the Town limits. Trails
shall be constructed by the developer and dedicated via easements to the Town (or if outside the Town
limits, to Grand County).
(2) Location Requirements: The developer shall construct and dedicate trails which are reasonably
necessary and convenient to the subdivision, including the following:
(a) Trails identified on the Town of Fraser Master Pathway Plan;
(b) Trails identified in the Grand County Headwaters Trails Master Plan;
(c) Trails that provide access to schools, business azeas, parks, existing trails, ... t,o.~ space,
neighborhoods, public lands and other public places;
(d) Trails are encouraged to take advantage of the visual qualities of the area and should be designed
to be an alten~ative to vehiculaz traffic;
(e) Trails that link residential areas;
(f) Trails parallel to watercourses; and
(g) Detached, paved, eight foot (8') wide trails shall be provided adjacent to arterial and collector
streets.
(3) Design Reaui~,..,~ents for Trails and Sidewalks:
(a) Separation between public rights-of--way and trails is encouraged unless topography or other
physical constraints necessitate a trail adjacent to a public right-af--way. The minimum distance
between public rights-of-way and trails shall be ten feet (10') horizontally. Grade diff~,.~.~tial or
differing surfaces shall be provided between trails and public rights-of way to discourage
crossover by vehicles, pedestrians and bicycles.
(b) Trails that create unsafe road crossings shall be avoided. Special structures and/or traffic
control devices may be required at road crossings for safety.
(c) The type of construction for trails shall be compatible with the anticipated use. All trails shall be
constructed to provide stable subgrades suitable for support of heavy equipment and pavement.
The minimum pathway section shall consist of four inches (4") of compacted road base (COOT
Class "6") over 8 inches (8") compacted soil. Soil compaction shall be to ninety-five percent
(95%) Standard Proctor Density.
(d) Sidewalks shall be five feet (5') wide on each side of the street and shall be required in
the Business Zone District and in all Mixed Use, Accommodation, Lodging, and Commercial
Zoned Planning Areas in all Planned Development Districts (POD). Sidewalks shall be required
on at least one side of the street in residential areas if trails are not provided. Pavement shall
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meet the minimum criteria of flue inches (5") of asphalt/concrete pavement. Sidewalk
specifications may be subject to modification after engineering review.
(e) All trails and sidewalks shall be ramped at intersections and other pedestrian crossings and
constructed in accordance with handicapped accessibility standards of the Americans with
Disabilities Act (ADA).
(f) Adequate drainage measures shall be provided along and across trails and sidewalks to prevent
erosion damage and to allow free passage of drainage flows.
(g) Trails may overlap with other easements provided that any overlapping easement does not
compromise the functional use of any other easement.
SEi. t iON 12-69 WATER QUALITY
(1) Water Oualitv. The subdivider shall show evidence and plans to ensure that the proposed development
will not result in the degradation of streams, rivers, creeks or other watercourses. This standard shall
apply to construction activities, the ultimate use of the land and any off-site snow storage. Runoff
from developed impervious surfaces shall drain over grass buffer strips or infiltration devices before
flowing into a watercourse. Direct discharges into streams, rivers, creeks or other watercourses are
prohibited.
(2) Erosion and Sediment Co.~u.,l Devices .
(a) General. Erosion control devices shall be incorporated into all new devel„r~r~ents and installed
and stabilized prior to site grading or other construction. Erosion can be controlled in a
number of ways, such as keeping the disturbed area small, quickly re-stabilizing disturbed
areas, and retention of sediment within the disturbed area by using sediment basins, silt fences,
and/or straw bales.
(b) Inspection and Maintenance. The applicant or designated representative shall inspect all
erosion and sediment control devices after any precipitation that creates runoff and make
.~r~.irs. Erosion and sediment control devices shall be maintained in a manner to support their
effectiveness. Accumulated sediment should be periodically removed from sediment basins;
silt fences and straw bales should be checked and repaired as needed.
(3) Reveeetation. All disturbed areas and exposed soils shall be stabilized and protected to effectively
control erosion by using appropriate techniques such as hydromulching, erosion control blankets,
bonded fiber matrices, or other equally protective measures. Grass or straw mulch should be
crimped, tracked or tacked in place to promote surface anchoring. Within two (2) full growing seasons
of project completion, vegetative site coverage shall have a perennial herbaceous component equal to
or greater than seventy percent (70%) of the adjacent undisturbed areas.
(4) On-Site Snow Storaue. Adequate on-site snow storage shall be required and depicted on the final plat.
Snow storage is prohibited on areas devoted to vehicular and/or pedestrian use, including parking,
trails and sidewalks.
(a) One square foot (1 S.F.) of snow storage space is necessary for each three square feet (3 S.F.)
of parking and driveway to be cleared.
(b) Snow storage shall be graded so drainage for these areas flows away from adjacent
building sites.
(c) Snow storage shall not interfere with intersection views, traffic or signage.
(d) Snow storage shall not be located on or within twenty-five feet (25') of wetlands.
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(e) Snow storage shall not be located on or within twenty-five feet (25') of the high water mark on
each side of a watercourse.
(5) Off-Site Snow Storage. If the development parcel necessitates off-site snow storage, an easement from
the property owner is required. The subdivider shall show evidence and plans to ensure that the off-
site snow storage will not result in the degradation of streams, rivers, creeks or other watercourses.
SECTION 12-6-10 STORM WATER DRAINAGE FACILl i ~.S
(1) General. The Town shall not approve any subdivision plat that does not make adequate provision for
storm water drainage. The storm water drainage system shall be separate and independent of any
wastewater sS~l.,lll. The Town shall require on-site detention of stormwater flows during peak periods.
New developments shall release water from their development at a rate equal to the historical rate
prior to the development.
(2) Drainage Report. The applicant shall submit a drainage report for the proposed subdivision. The
drainage report shall be prepared by a registered engineer and in accordance with the criteria and
requil~,lllents of the Grand County Storm Drainage Design and Criteria Manual chapters 2-1Q. The
Board shall adopt a resolution specifying the current manual to be used. The preliminary drainage
report shall be submitted concurrently with a sketch plan for a minor subdivision and with a
preliminary plat for a major subdivision. The final drainage report shall be submitted concull.,lltly
with a final plat for a minor and major subdivision.
(3) Drainage Easements and Drainage Wavs.
(a) Where topography or other conditions are such as to make impractical the inclusion of
drainage facilities within road rights-of--way, perpetual, unobstructed easements shall be
provided across property. Drainage easements shall extend from the road to the drainage
facilities to provide satisfactory access. Easements shall be indicated on the final plat.
(b) When a proposed drainage system will carry across private land outside the subdivision,
appropriate drainage rights must be secured in writing and indicated on the final plat.
(c) Low-lying lands along watercourses subject to flooding or overflowing during storm periods,
whether or not included in areas for dedication, shall be preserved and retained in their natural
state as drainage ways. Such land or lands subject to periodic flooding shall not be computed
in determining the number of lots to be utilized for average density procedures nor for
computing the area requirement of any lot.
(4) Vallev Gutters. Concrete valley gutters are required at street intersections to direct water through
intersections.
(5) Lot and Adiacent Land Drainage. Lots shall be laid out so as to Y..~~ide positive drainage away Li Vlll
all buildings and individual lot drainage shall be coordinated with the general drainage pattern for the
area and to maintain the individual lot drainage on their specific lot as much as possible. The drainage
system shall be designed to accommodate not only runoff from the subdivision, but also historic runoff
for those areas adjacent to and upstream from the proposed subdivision, as well as its effects on lands
downstream.
(6) Phased Development Drainage Reports. A preliminary drainage report for the entire subdivision shall
be submitted as part of the first phase of a phased development. A final drainage report shall be
submitted for each phase of development at the appropriate time it is submitted in final detail for
approval to the Town.
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(7) Operations and Maintenance. The continued maintenance of all storm water drainage facilities is
necessary to ensure they will function as designed. As such, maintenance access shall be provided to
all storm water drainage facilities to ensure continuous operational capability of such facilities.
(8) Subdividers shall be required to connect to and conform to the specifications of the Town storm water
drainage system, policy and plan.
SEA, i iON 12-6-11 EXTERIOR LIGHTING
(1) Exterior Lielrtina.
(a) General. The purpose of exterior lighting is to illuminate and provide security. Exterior
lighting shall be provided in locations that receive heavy pedestrian or vehicular use and in
areas that are dangerous if unlit, such as stairs, ramps, intersections or abrupt changes in
grade. All exterior lighting shall be designed, located, placed and shielded to be architecturally
and aesthetically in keeping with buildings and surroundings, shall create minimum light
pollution and shall not directly illuminate adjoining property. If the Town deems necessary, a
lighting or illumination engineer shall review the proposed type of lighting. All costs
associated with the review shall be paid by the subdivider.
(b) Specifications.
(i) There shall be no single bulb intensity which exceeds two hundred and fifty (250) watts.
(ii) Maximum height of fixtures shall not exceed twenty-five feet (25').
(iii) Minimum spacing between fixture poles shall not be less than sixty feet (60').
(iv) Light i..lo..sity at ground level shall not exceed two (2) foot-candle average within a
maximum to minimum ratio of fifteen (15) to one (1).
(v) Lighting shall be designed and installed to direct the light inward and downward onto
the site and away from the adjoining properties. The source of light shall not be visible
above a horizontal plane and shall fall within the property line. This can be
accomplished by installing lighting fixtures designed to direct the light down or by
installing shields in combination with angled lighting directing the light downward
(vi) Fixtures located on buildings shall nvt be located above the eave line or above the top
of the parapet wall.
(vii) Light fixtures on buildings shall not exceed atwenty-five foot (25') mounting height.
(viii) Flood lights shall be shielded so as to direct the light away from adjoining properties,
have motion detectors and illuminate functional areas only, such as garage doors,
storage areas, walks and drives. Motion detectors may allow light to stay lit up to ten
(10) minutes after the last motion detection.
(ix) All exterior lighting, except those required for security, shall be extinguished by 10:00
P.M. or within one (1) hour after the end of business hours of the business served,
whichever is later, and shall remain extinguished until one (1) hour prior to the
commencement of business hours.
(x) All sports arena exterior lighting used for the purpose of illumination of the playing
area shall be extinguished by 10:00 P.M. or immediately after the conclusion of the
final event of the day. The remainder of the facility lighting, except for reasons of
security, shall be extinguished at 10:00 P.M. or within one (1) hour after the event,
whichever is later, and remain extinguished until one (1) hour prior to the
commencement of the next event.
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(c) Prohibited Exterior Lighting: No ~,;,.~on shall install, illuminate or maintain any beacon or
search light. Architectural spotlights are not permitted for they add to light pollution and draw
undue attention to a structure. Low voltage landscape lighting may be permitted along
sidewalks at the discretion of the Town.
SECTION 12-6-12 L ~ CITY STANDARDS
(1) Location. All utility facilities, including but not limited to, water, wastewater, natural gas, electric,
telephone and cable television, shall be located underground throughout the subdivision.
Transformers, pedestals or connection boxes may be located above ground but must be adequately
screened with planting material. Transformers, pedestals or connections boxes shall not be placed in
any public right-of--way so as to avoid conflict with snow plowing. All utility facilities existing and
proposed throughout the subdivision shall be shown on the final plat. Und~,~~~,und service
connections to the street property line of each platted lot shall be required and installed at the
subdivider's expense. At the discretion of the Planning Commission, the requirement for service
connections to each lot may be waived in the case of adjoining lots to be retained in single ownership
and intended to be developed for the same primary use. Utility systems shall be arranged and located
in such a manner as to avoid cross connections, minimize trenching and adequately separate
incompatible systems.
(2) Oversizing for Extensions. Utility lines, water and sewer mains and storm water drainage facilities
shall be sized to serve the total number of proposed units in the entire subdivision and fixture phases of
development. Oversizing may also be required to serve adjacent properties.
(3) Soil Com~ction. Soil compaction shall be required for fill of all utility lines, including service
connections, within any public right-of--way. The compaction shall be ninety-five percent (95%)
Standard Proctor Density.
(4) Proper coordination shall be established between the subdivider and the applicable utility companies
for the establishment of utility easements, all of which shall be indicated and dedicated on the final
plat.
SECTION 12-6-13 WATER SLR Y,~Y
(1) Connection Required. A public water system shall be required in all subdivisions and shall be
provided by the Town of Fraser.
(2) Design. The in~~.~.al water distribution system of each subdivision shall be designed and sized
hydraulically to meet the initial and fixture demands of the proposed subdivision and shall be approved
by Town Staff. Subdividers shall consult with Town Staff for complete water sy~l~:~~~ specifications.
(3) Fire Hvdrants. Fire hydrants shall be required in all subdivisions and shall be located in conformity
with the Uniform Fire Code. Generally, fire hydrants shall be located no more than one thousand feet
(1000') apart and within five hundred feet (500') of any structure, however each location and fire flow
demands shall be approved by the fire district. No fire hydrant shall be acceptable unless the outlet
threads correspond with the hose threads used by the fire district. Subdividers shall consult with the
fire district for specifications.
SEQ. i iON 12-6-14 WASTEWATER DISPOSAL
(1) Connection Required. A public wastewater collection system shall be required in all subdivisions and
shall be provided by the Fraser Sanitation District or its successor.
(2) Design. Collection systems shall be designed to meet the initial and future demands of the proposed
subdivision and shall be approved by the Fraser Sanitation District or its successor. Subdividers shall
consult with the Fraser Sanitation District or its successor for complete wastewater system
specifications.
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SECTION 12-6-15 NATURAL FEATURES AND LANDSCAPING REQUIREMENTS
(1) General. Because landscaping on public and private lands is essential to the aesthetic values, ecology,
and soil conservation of the Town, it is hereby declared to be a benefit to the general public. As such,
landscaping shall be subject to regulation and ensured by a performance guarantee. No trees shall be
removed from any subdivision nor any change of grade of the land effected until the final plat has been
approved by the Town and recorded in the Office of the Grand County Clerk and Recorder.
(2) Preserve Existine Trees. Shrubs and Natural Features. All developments shall be responsive to site
and natural conditions while minimizing disturbance to land and existing vegetation. Removal of
trees, shrubs and non-hazardous native plant materials generally should be limited to removal of those
essential for development of the site. The landscaping plan shall demonstrate that a reasonable effort
has been made to preserve existing healthy trees and shrubs. Watercourses, historic sites and similar
irreplaceable assets shall also be preserved in the design of the subdivision. The landscaping plan
shall show the number and location of all existing and proposed trees and shrubs.
(3) A~,~.~,.,r~ate Plant Materials. Use native, drought resistant plant species and seed mixes containing
grasses and wildflowers, where appropriate. Bluegrass and other grasses requiring high consumption
of water are discouraged Ornamental non-living materials, such as decorative rock, wood chips,
mulch, brick and paving stones shall be permitted to be incorporated into a landscaping plan. Trees
and shrubs shall be of the following minimum trunk diameter at the time of their planting: Deciduous
trees-two inches (2") in caliper, measured one foot (1') above the ground; coniferous trees-six feet (6")
in height. The Colorado State Forest Service and/or the Town Gardener shall review all landscaping
plans.
(4) Guarantee. Perf.,r~..ance guarantees shall include the success of all revegetation and landscaping
improvements for two (2) growing seasons after installation. Landscaping that dies within the two (2)
year period shall be replaced and shall be required to live for at least two (2) year from the time it is
replanted.
(5) Obstruction of Signs and Fire Hydrants. Vegetation shall be placed so as not to block sight distances
from driveways, corners and intersecting streets. No vegetation shall be located so as to interfere
with the ability of motor vehicle ..~;,rators to have unobstructed vision of traffic and street signs. Fire
hydrants shall not be obstructed by landscaping.
SEA; i iON 12-6-16 ADDITIONAL STANDARDS FOR RESIDENTIAL CONDONIINIUM AND
TOWNHOME SUBDIVISIONS AND APARTMENT DEVELOPMENTS CONTAINING FIVE (S~ OR
MORE INDIVIDUAL DWELLING UNti~.
(1) Density. All design standards set forth above shall apply to the construction of condominiums,
townhomes and apartments containing five (5) or more individual dwelling units. In addition, there
shall be a maximum density of one (1) unit per two thousand one hundred and seventy eight square
feet (2,178 S.F.) of gross land area of the property subdivided. This equates to twenty (20) units per
acre.
(2) Oren Snace. Fifty-five percent (55%) of the area subdivided shall remain as open space. The open
space shall be established by dedication, conveyance or reservation. No such dedication, conveyance
or reservation of open space shall be to the public or the Town of Fraser without specific written
acceptance of such open space by the Town. If any dedication, conveyance or reservation is for the
use of owners of units within the condominium or townhome project, then the applicant shall provide
for the creation of an owners' association with powers of assessment for mair.E.,-.ance, improvements
and upkeep of such areas. Articles of incorporation, by-laws and other necessary legal documentation
establishing the owners' association are also to be submitted to, approved and recorded by the Town.
Of the fifty-five percent (55%) open space, fifteen percent (15%) shall consist of a landscaping plan.
(3) Declarations. When any division of property creates an individual airspace unit and/or an interest in
common elements, condominium/townhome declarations shall be executed by the fee title owners and
lienholders, if applicable, which shall include, as a minimum, the following:
(a) The legal description of the real property and the individual units.
(b) The character, duration, rights, obligations and limitations of ownership.
(4) As-Built Plat. An as-built plat, which is an amended final plat that shows the exact locations of all
public and private improvements on a development site, must be recorded in the Office of the Grand
County Clerk and Recorder. For condominiums, as-built plats will also include a plat sheet that
depicts the horizontal and vertical layouts of the air spaces.
(5) Parkins Spaces, Driveways and Retaining Walls. All parking spaces are to be defined with cribbing or
similar material and parking stalls clearly defined. All parking spaces and driveways in a major
subdivision shall be hard surfaced. All parking spaces and driveways in a minor subdivision shall be
surfaced with CDOT class `C' gravel to a depth of two inches (2") minimum. Parking lots with f„.ly
(40) or more space shall include one six by eight foot (6' x 8') landscaped island for each ten (10)
parking spaces. Islands shall be protected by curbs and shall have either one (1) deciduous shade tree
of two (2) aspen or choke cherry trees along with four (4) durable shrubs, mulch and irrigation. One
(1) additional tree may be provided in lieu of each four (4) shrubs required.
(6) Snow Storage. A snow storage and/or ~:,~.~oval plan shall be required for all driveways and parking.
(7) Trash Areas. All dumpsters shall be easily accessible by trash collection vehicles and completely
screened from public view by either landscaping or a fenced-in dumpster enclosure.
(8) Public Phones. Public phones shall be required in major subdivisions at the discretion of the Planning
Commission.
(9) Buildine Materials and Colors.
(a) Building materials should be predominately natural, such as wood siding, natural stone
masonry, exposed wood structural beams, logs, heavy timbers and masonry.
(b) Colors of buildings should predominately be natural colors and stains. Bright colors should be
reserved for trim, etc.
SEQ. i iON 12-6-17 ADDITIONAL STANDARDS FOR COMMERCIAL CONDOA~IINIUM AND
TOWNHOME SUBDIVISIONS
(1) Landscaping and Oren Space. A landscaping/open space plan shall be required detailing the
landscape design, plant species and permanent maintenance t.. ~ visions for a minimum of fifteen
percent (15%) of the gross land area of the site. A minimum of two (2) trees and four (4) durable
shrubs for each one thousand square feet (1000 S.F.} of landscaped area shall be ~~„ sided. One (1)
additional tree may be substituted in lieu of each four (4) shrubs required. The developer will be
responsible for the replacement of revegetation and landscape plantings for two (2) growing seasons
after installation, Drought resistant plant species are encouraged
(2) Buffer Area Landscapine Requirements. Where a business, commercial or industrial use abuts
residential uses, a landscaped wall or fence with a minimum height of five feet (5'}must be placed
along such abutting property line.
(3) Square Footage. The minimum square footage per commercial condominium/townhome shall be three
hundred square feet (300 S.F.).
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(4) Applicable Rules and Regulations. Conversion of existing commercial leased space shall meet all
applicable rules and regulations of the Town.
(5) Parkina_Soaces, Drvvewavs. and Retaining Walls. All parking spaces and driveways are to be hazd
surfaced. Parking lots with forty (40) or more space shall include one six by eight foot (6' x 8')
landscaped island for each ten (10) parking spaces. Islands shall be protected by curbs and shall have
either one (1) deciduous shade tree of two (2) aspen or choke cherry trees along with four (4) durable
shrubs, mulch and irrigation. One (1) additional tree may be provided in lieu of each four (4) shrubs
required.
(6) Snow Storage. A snow storage and/or removal plan shall be required for all driveways, parking and
loading areas.
(7) Trash and Storage Areas. All trash and storage azeas aze to be completely screened from public view
by either landscaping or a fenced-in dumpster enclosure. These areas are to be accessible for easy pick
up and delivery.
(8) Legal Documents. Legai documents such as those described for a residential condominium/townhome
development shall also be required and recorded in the Office of the Grand County Clerk and
Recorder.
SECTION 12-6-18 ADDITIONAL STANDARDS FOR MII~ED-USE RESIDENTIAL AND
COA~IlVIERCIAL SUBDIVISIONS
(1) Landscaping: A landscaping plan shall be required detailing the landscape design, plant species, and
r;,....anent maintenance r~.,,nsions for all mixed use devel~.~...ents. The landscaping plan shall be for
a minimum of fifteen percent (15%) of the gross land area of the site. A minimum of two (2) trees and
four (4}durable shrubs for each one thousand square feet (1000 S.F.) of landscaped area shall be
provided One (1) additional tree may be substituted in lieu of each fow (4) shrubs required.
(2) Buffer Area Landscaping Reauirem;,~~W. Where a business, commercial or industrial use abut
residential uses, a landscaped wall or fence with a minimum height of five feet (5') must be placed
along such abutting property line.
(3) Open Space: The percentage of open space required will be based on the following formula:
Gross SF of Floor Area Open Space Land
GrOUA or Land Use Area Use Area Required
I. 75%-100% C O, I 15%
25%-0% R 15%
50%-25% R 30%
III. 5%-50% C, O, I 40%
95%-50% R 40%
IV. 0%-5% C, O, I 55%
100%-95% R 55%
Commercial, O~ff~ce, I=Industrial, R=Residential
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ARTICLE 12-7
DEFINITIONS
SECTION 12-7-1 USAGE
(1) For the purposes of these regularions, words and terms used shall be used, int:,. ~,.eted and defined as
set forth below:
(a) The particular controls the general.
(b) The word "shall" is always mandatory. The word "mav" is permissive.
(c) Unless the context clearly indicates to the contrary, words used in the present tense include the
future tense and words used in the plural include the singular.
SEt; i iON 12-7-2 WORDS AND TERMS DEFINED
(1) Acceptance: Formal action by the Board whereby subdivision improvements which constitute public
property are accepted for maintenance. This action can only be taken after the improvements aze
completed and inspected by authorized personnel and certified for acceptance.
(2) Adequate Public Facilities: Facilities de~:,~u.ined to be capable of supporting and servicing the
physical azea and designated intensity of the ~,a.,~,,osed subdivision as determined by the Town based
upon specified levels of service. See subdivision improvements.
(3) Apartment: A structure or structures located on a single lot or pazcel of land, containing five (5) or
more individual dwelling units which aze not platted as condominium or townhome units and are
under single ownership.
(4) Applicant. The t~«.~ applicant is used interchangeably with the l~~-~~s developer and subdivider. The
owner of land proposed to be subdivided or its representative who is responsible for any undertaking
that requires review and approval under these regulations.
(5) As-Built Plat: The amended final plat that shows exact locations of all public and private
improvements on a devel.,r~~ent site. For condominiums, as-built plats shall also include
horizontal and vertical layouts of the air spaces.
(6) Block: A tract of land bounded by streets, or a combination of streets and public parks, cemeteries,
railroad rights-of way, or boundary lines of municipalities.
(7) Bond: Any fornn of a surety bond in an amount and form satisfactory to and approved by the Town.
(8) Buildine: Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or
moveable property of any kind.
(9) Certificate of Occupancv (C.O.I: A document stating that the building or structure has been inspected
by the building official and all provisions of the Uniform Building Code and all other applicable rules
and regulations have been complied with, and the building or structure has been a~,~,r „ved for
occupancy.
(10) Comprehensive Plan Community Plan or Master Plan: A plan, pursuant to Colorado State Statutes,
prepared and adopted by Fraser for guiding and controlling the physical devel„r...ent of land use and
circulation in Town and up to a three (3) mile radius beyond the Town limits.
(11) Condominium: A type of ownership which consists of a separate fee simple estate in an individual
airspace unit of amulti-unit property together with an undivided fee simple interest in common
elements.
(a) Individual Air Space: Any enclosed room(s) occupying all or part of a floor(s) in a building of
one (1 } or more floors to be used for residential, professional, commercial or industrial
purposes.
(b) Common Elements: Unless otherwise provided in the declaration or by written consent of all
the condominium owners, common elements mean: the land or the interest therein on which
a building or buildings are located; the foundations, columns, girders, beams, supports, main
walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of such
building or buildings; the basements, yards, gardens, parking area, and storage spaces; the
premises for lodging or custodians or persons in charge of the property; installations of central
services such as power, light, gas, water, heating, refrigeration, central air conditioning, and
incinerating; the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all
apparatus and installations existing for common use; such community and commercial
facilities as may be provided for in the declaration; and all other parts of the property necessary
or convenient to its existence, maintenance or safety in common use.
(c) Condominium Unit: An individual airspace unit together with the interest in the common
. elements appurtenant to such unit.
(d) Declaration: An instrument which defines the character, duration, rights, obligations and
limitations of condominium ownership.
(12) Cul-de-Sac: A local street with only one (1) outlet that terminates in a vehicular turnaround and has
appropriate dimensions for the safe and convenient reversal of traffic movement, including emergency
vehicles.
(13) Cu„~,ul Title Insurance Commitment: A commitment for title insurance issued by a licensed title
insurance company with offices in Grand County, Colorado, with an effective date not eazlier than
thirty (30) days prior to the date that the commitment is filed with or submitted to the Town pursuant
to these regulations. Unless otherwise specified, the commitment shall apply to and describe the real
r. „t,erty included in the proposed subdivision, shall idenrify all owners of record of such property, and
shall list all liens, encumbrances, easements and restrictions affecting such property with the book
and page or reception number where such matters appear in the records in the Office of the Clerk and
Recorder of Grand County, Colorado.
(14) Dedication: An appr., ~,~, ~ation of land to some public use, made by the owner and by which the owner
reserves to himself no other right than such as are compatible with the full exercise and enjoyment of
the public uses to which the property has been devoted
(15) Developer: The term developer is used interchangeably with the terms subdivider and applicant. The
owner of land proposed to be subdivided or its representative who is responsible for any undertaking
that requires review and approval under these regulations.
(16) Disturbed Area: The area of land proposed to be disturbed or altered in any manner, whether
temporarily or permanently, as a result of a subdivision of land and the construction of buildings and
improvements. This includes, but is not limited to, temporary and permanent roads, streets and trails,
disturbance or removal of vegetation, excavation and the storage of fill materials.
(17) Drainage and Erosion C.,,,l,ol Devices: All facilities necessary to control the direction, depth,
velocity and volume of water flow within a proposed subdivision, and all facilities necessary to
mitigate erosion and related water quality impacts resulting from development. Drainage and erosion
control devices include, but are not limited to: detention and settling ponds, infiltration galleries,
sandtraps, grassed waterways, catch basins and revegetation landscaping.
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(18) Dwelling Unit: One (1) or more rooms connected together, constituting a separate, independent
housekeeping establishment for permanent occupancy by not more than one (1) family for living
purposes and having not more than one (1) kitchen and sleeping facilities. All dwelling units shall
contain at least five hundred (S00) square feet of floor area measured on the outside walls.
(19) Easement: Authorization by a property owner for another to use the owner's property for a specified
purpose. Authorization is generally established in a real estate deed or on a recorded plat.
(20) Final Plat: A map, drawing, or chart, and supporting materials of certain described land, prepared in
accordance with these regulations as an instrument for recording real estate interests in the Office of
the Grand County Clerk and Recorder.
(21) Lot: The term lot is used interchangeably with parcel. A tract, plot, or portion of a subdivision or
other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of
ownership or possession or for building development. Each lot shall have a tw~,~.ly foot (20')
minimum access to a public or aw~N~~,ved private street. Apiece of property which exists by virtue of a
separate legal description or a separate deed, either of which has been recorded in the Office of the
Grand County Clerk and Recorder.
(22) Maior Subdivision: All subdivisions not classified as minor subdivisions, including but not limited to
subdivisions of five (5) or more lots, or any size subdivision requiring any new street or extension of
the local Town facilities or the creation of any public improvements.
(23) Minor Subdivision: Any subdivision containing not more than four (4) lots or dwelling units G..ul~ng
on an existing street, not involving the construction of a new street or road or the extension of Towa
facilities, and otherwise meeting the requirements of Article 12-3 of these regulations.
(24) Oren Space: Land which is free of any structures and dedicated to the public or conveyed to an
owners' association for common use of all residents of a subdivision. Open space include land
devoted for landscaping, recreational, and visual openness for all residents of a subdivision. Private
open space, once created, can only be otherwise utilized by the concurrence of one hundred percent
(100%) of the lot owners, which said open space was created to benefit, and approval of the Town.
Uses not specified herein maybe approved and/or denied by the Town. Permitted and not permitted
uses within dedicated open space are outlined as follows:
Permitted: Not Permitted:
Trails
Gardens
Decks
Patios
Access corridors to public lands
Picnic grounds
Golf cowses
Athletic fields
Playgrounds
Sidewalks
Disabled ramps
Uncovered hot tubs
Uncovered swimming pool
One (1)-story detached accessory buildings
not requiring a building permit
Covered swimming pool
Streets and roads
Driveways, parking and loading areas
Tennis courts
Structures
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(25) Parcel: The term parcel is used interchangeably with the term lot, Apiece of properly which exists by
virtue of a separate legal description or a separate deed, either of which has been recorded at the
Office of the Grand County Clerk and Recorder.
(26) Planning Commission: The Town of Fraser Planning Commission.
(27) Plat Amendment: Modifications to an approved and recorded plat that may involve corrections to
tot lines and other specifications that do not qualify it for a resubdivision.
(28) Preliminary Plat: A map of the proposed subdivision drawn and submitted along with other supporting
documents in accordance with these regulations.
(29) Public Hearine: A meeting called by a public body for which public notice has been given and which
is held in a place in which the general public may attend to hear issues and o~-~,~ess their opinions.
(30) Public Notice: Notice to the public of a public hearing by the Town Board or Planning Commission.
Unless otherwise specified, such notice shall be published one (1) time in a newspaper of general
circulation in the Town at least fourteen (14) days before such hearing.
(31) Reception Number: The number assigned to all documents recorded in the Office of the Grand County
Clerk and Recorder, Amended and as-built plats must show the reception numbers of all previously
recorded plats.
(32) Resubdivision: Any change on an approved and recorded subdivision plat if such change affects the
density, land use, street layout or any area reserved for public use.
(33) Right-of-Way: A strip of land occupied or intended to be occupied by a street, crosswalk,
railroad, electric transnussion line, oil or gas pipeline, water main, sewer main, storm water drain,
trees or for another special use. The usage of the term right-of--way for platting purposes shall mean
that every right-of-way h~~:,nfter established and shown on a final plat is to be separate and distinct
~I'i.,u. the lots or parcels adjoining such right-of--way and not included within the dimensions or areas of
such lots or parcels. Rights-of--way intended for streets, crosswalks, water mains, sewer mains, storm
water drains, trees, or any other use involving maintenance by a public agency shall be dedicated to
public use by the subdivider.
(34) Sketch Plan: A map of the proposed subdivision, drawn and submitted in accordance with the
objectives of these regulations to evaluate devel„r~.~ent feasibility and design characteristics at an
early planning stage.
(35) Staff: Authorized admini~~4tive personnel of the Board or Planning Commission of the Town whose
responsibility it is to perform the day to-day business functions of the Town.
(36) Street, Private: A suitable improved private road as de~;,.~r~ined by the Town, which provides ingress
and egress to and from a subdivision by residents and members of the public and emergency vehicle
access to abutting properties without undue hazard to public property or residents.
(37) Street, Public: Aright-of--way reserved or dedicated for public use which provides for vehicular
traffic, further classified and defined as follows:
(a} An alley is a minor street used primarily for vehicular access to business properties for making
deliveries.
(b) A~ l~<ial highways are streets which provide for interregional travel and are normally given
state or federal highway designation.
(c) Arterial streets are streets which permit the relatively rapid and unimpeded movement of large
volumes of traffic from one part of the community to another.
(d) Collector streets aze streets which collect traffic from local streets and carry it to arterial streets
or to local traffic generators such as neighborhood shopping centers and schools. Collector
streets include the principal entrance streets to a residential development, streets linking
adjacent developments and streets providing circulation within developments.
(e) Local streets provide access to and from residential dwelling units to other streets within the
hierarchy. Through traffic is discouraged on such streets. Local streets are of relatively short
length and carry traffic having an origin or destination within a development.
(f) Drives are minor streets used primarily for vehicular access to residential or business properties
not otherwise abutting on a publicly dedicated or traveled street, and maybe private
easements or rights-of--way.
(38) Structure: An edifice or building of any kind, or any piece of work artificially built up or constructed
of parts joined together in some definite manner.
(39) Subdivider: Any person who (1) having an interest in land, causes it, directly or indirectly, to be
divided into a subdivision or who (2) directly or indirectly, sells, leases, or develops, or offers to sell,
. lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or plat in a
subdivision, or, who (3) engages directly or through an agent in the business of selling, leasing,
developing, or offering for sale, lease, or develWr~..~ent a subdivision or any interest, lot, parcel site,
unit, or plat in a subdivision, and who (4) is directly or indirectly controlled by, or under direct or
indirect common control with any of the foregoing.
(40) Subdivision: Any parcel of land which is to be used for condominiums, towahomes, apartments
containing five (5) or more dwelling units, or any other multiple-dwelling units, unless such land was
previously subdivided and the filing accompanying such subdivision complied with requirements of
these regulations with respect to the type and density of such proposed use, or any parcel of land which
is to be divided into two (2) or more lots, tracts, parcels, plats, sites, separate iu~~,.~015 (including
leasehold interests), interests in common, or ather division for the purpose, whether immediate or
future, of transfer of ownership or for building or other development. It includes resubdivision and,
when appropriate to the context, relates to the process of subdividing or to the land or territory
subdivided Unless the method of dis~sition is ad.;r~b:,d for the purpose of evading the requirements
of these regulations, the term "subdivision" shall not apply to any of the following divisions of land or
interested in land:
(a} A division of land by order of any court in this State or by operation of law;
(b) A division which is created by a security or unit of interest in any investment trust regulated
under the laws of this State or any other interest in an investment entity;
(c) A division which creates cemetery lots;
(d) A division which creates an interest in oil, gas, minerals or water which is severed from the
surface ownership of real property;
(e) A division which is created by the acquisition of an interest in land in the name of a husband
and wife or other persons in joint tenancy or as tenants in common, and any such interest shall
be deemed as only one interest; and/or
(f) A division which is created by the conveyance of real property to the Town of Fraser in
satisfaction of land dedication, subdivision, annexation or other Town requirements.
(41) Subdivision Improvements: The physical improvements to property made by a subdivider to provide
needed public facilities or services, and/or to protect public health, safety and welfare. These are
public and private improvements that are necessary to provide the basic infrastructure for the
subdivision, and include improvements which the Town may ultimately assume responsibility for
maintenance and operation. Therefore all such improvements shall be properly bonded for or
secured by a letter of credit or other acceptable legal instrument. These improvements include, but
are not limited to the following:
(a) Water mains, pipes, conduits, hydrants, and other necessary works and appliances for
providing water service and fire protection.
(b) Sewer mains, pipes, conduits and other necessary works and appliances for providing sewer
service.
(c) Drainage facilities, ditches, culverts, pipes, conduits and other necessary works and appliances
for providing storm water drainage service.
(d) Lines, conduits, and other necessary works and appliances for providing electric power service.
(e) Mains, pipes, and other necessary works and appliances for providing gas service.
(f) Poles, posts, wires, pipes, conduits, lamps and other necessary works and appliances for
lighting purposes.
(g) Roads, streets, gutters, sidewalks and trails.
(h) Erosion control devices.
(i) Open space, pazks and recreation azeas.
(j) Works, systems, and/or facilities for the transportation of people.
(k) Acquisition, construction, improvement and equipping of temporary and permanent school
buildings, fire stations, police stations and public works maintenance facilities.
(1) Acquisition, construction and installation of traffic signs, signals, lights and lighting.
(m) Acquisition of any and all rl rem', easements, and rights-of--way which may be required to
carry out the purposes of the project.
(n) Landscaping.
(42) Subdivision Improvements Agreement: A written c.,L~t<act entered into by the Town and the
subdivider providing for and describing conditions of approval for subdivision improvements to be
constructed as part of a subdivision development. It shall, at a minimum, set forth construction
specifications for required subdivision improvements, provide dates for completion of the
improvements, and identify the t.,~ «~s and conditions for the acceptance of the improvements to the
Town. It shall also provide for such financial assurances as necessary to insure the proper and timely
installation of improvements.
(43) Townhome: A type of ownership which consists of a fee simple interest in an individually deeded lot
and residential dwelling unit, plus a membership right in a owners' association which shall own
in fee simple the common areas subject to all rights and duties as provided in the townhome
declaration of the owners' association.
(a) The dwelling unit may consist of a single family dwelling constructed on an individually
deeded lot, or as part of a series of two (2) or more dwellings, each of which is either attached
to the adjacent dwelling(s) by party walls or is attached with no visible separation between
walls or roof.
(b) The term Common Areas will be defined in each declaration and will include such items as
the following: open space, open land, green belts, yards, parking areas or storage spaces,
located on the property owned and controlled by the owners through the owners' association,
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but which are not part of individual townhome lots, and all community and commercial
facilities or other parts of the ~...~erty necessary or convetient to the existence, maintenance,
or safety of all townhomes.
(c) The term Declaration refers to an instrument which defines the character, duration, rights,
obligations, and limitations of townhome ownership.
(44) Trail: Amulti-purpose easement
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FRASER SUBDIVISION REGULATIONS
REQUIRED WORDING ON PLATS
1. DEDICATION AND NOTARY CLAUSE:
Know all people by these presents: That f name of owner(s). and l ienholder. if
~licable) is/are the owner(s) of the real property situated in the Town of Fraser, Grand
County, Colorado, more fully described as follows: (legal description). That he/she/they
has/have caused said real property to be laid out and surveyed as (sa~bdivision name), and
does/do hereby dedicate and set apart all the streets, alleys and other public ways and
places shown on the accompanying plat for the use of the public forever, and does/do
hereby dedicate those portions of said real property which are indicated as easem.,~,t~ on
the accompanying plat as easements.
IN WITNESS WHEREOF, (name ofowner(s)) has/have caused his/her/their name(s) to
be hereunder subscribed this day of
BY: (signature of owned
(printed name ofowner)
STATE OF COLORADO )
}ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
by (printed name ofowner). (If person is acting in a representative capacity, or
officer of a c.~~Y~,~ation, then insert the name of said person and his/her/their official
capacity.).
BY: (signature of notarvl
My Commission Expires:
SEAL
Add signature block and notary clause for lienholder, if applicable.
2. SURVEYOR'S CER ~ ~r YCATION:
Certification by a surveyor insuring the accuracy of the survey and plat and certifying that
he/she has complied with the requirements of Colorado Revised Statutes, 1973, Title 38,
Article 51, and the requirements of these regulations in the preparation of the plat, to be
in substantially the following form:
FRASER SUBDIVISION REGULATIONS
STREET ADDRESSING
Definitions for Addressing:
Avenue: A driving surface in a grid system that runs east and west.
Circle: A driving surface that returns to the same street that it took off fi.,~,,.
Court: A driving surface that ends at a cul-de-sac.
Drive: A large winding/curving driving surface.
Lane: A sort dead end driving surface.
Parkway: A driving surface with a special (scenic route or named after someone)
designation.
Road: Major thoroughfares.
Street: A driving surface in a grid sy~~~~ that runs north and south.
Trail: A short driving surface that connects two {2) other larger driving surfaces.
Way: A dead end driving surface, usually named after a subdivision.
House Numbering:
When you aze traveling north, the even house numbers should be on the right and the odd
house numbers should be on the left.
When you aze traveling east, the even house numbers should be on the right and the odd
house numbers should be on the left.
Multi-Family Unit Numbering:
Townhome and non-stacked units should each have a separate address.
Stacked units should be addressed by building number, then have a three (3) digit unit
number. The first number should ro~,~~sent the floor and the next two (2) numbers
should ~~;~,~esent the unit number, beginning on the left as you face the building from the
street.
Example: 768 F:,~r..c Lane, Unit 204 would be a 2nd floor unit, fourth from the left.