HomeMy Public PortalAboutOrdinance 391TOWN OF FRASER
ORDINANCE NO. 391
Series 2012
AN ORDINANCE APPROVING AND ADOPTING AMENDED SUBDIVISION
REGULATIONS OF THE TOWN OF FRASER.
WHEREAS, pursuant to Colorado Revised Statutes, Title 31, Article 23, Part 2, the
Planning Commission and Board of Trustees of the Town of Fraser are authorized to adopt
and amend subdivision regulations applicable within the Town and to property within three
(3) miles of the Town boundaries respecting a major street plan; and
WHEREAS, the Fraser Planning Commission and Board of Trustees have previously
adopted the Fraser Subdivision Regulations, as now contained in Chapter 17 of the Code of
the Town of Fraser; and
WHEREAS, the Planning Commission has held public hearings regarding proposed
amended Subdivision Regulations and considered the comments of the public regarding
said Regulations; and
WHEREAS, the Planning Commission and Board of Trustees held a joint public
hearing on November 2, 2011 concerning such proposed amended Regulations; and
WHEREAS, the Planning Commission has approved and adopted such amended
Subdivision Regulations, by Planning Commission Resolution No. 2011 -11 -01 subject to
final approval by the Board of Trustees; and
WHEREAS, the Board of Trustees has reviewed said amended Subdivision
Regulations and believes the same are in the best interests of the citizens of the Town of
Fraser, Colorado.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO, THAT:
PART 1: ADOPTION OF AMENDED SUBDIVISION REGULATIONS AND AMENDMENT
OF TOWN CODE.
1.1 Chapter 17 of the Code of the Town of Fraser, Colorado (herein sometimes
referred to as the "Town Code entitled "SUBDIVISIONS is hereby amended in its
entirety by the adoption of the amended Subdivision Regulations set forth in Exhibit "A"
attached hereto and incorporated herein by this reference.
1.2 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 this Ordinance, and also applicable, with respect to a major street plan, to
property within three (3) miles of the corporate boundaries of the Town of Fraser, Colorado.
1.3 Said amended Subdivision Regulations shall be published in pamphlet form and
made available to the public at cost.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of
Fraser covering the same matters as embraced in this Ordinance are hereby repealed and
all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are
hereby repealed; provided, however, that such repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or committed in violation of any
ordinance hereby repealed prior to the taking effect of this Ordinance.
PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this Ordinance. The Town
of Fraser hereby declares that it would have adopted this Ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases thereof be declared invalid or
unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after
passage, adoption and publication thereof as provided by law. This Ordinance shall be
published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 1st DAY OF FEBRUARY, 2012.
Votes in favor: BOARD OF TRUSTEES OF THE
Votes opposed: n TOWN OF FRASER, COLORADO
Votes abstained: 6
(SEAL)
Published in the Middle Park Times on
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BY:
Fran Cook, Mayor
ATTEST:
C4- 6-QA-af_i
Lu Berger, Town V Ierk
CHAPTER 17
Subdivisions
Article 1 General Provisions
Sec. 17 -1 -10 Title
Sec. 17 -1 -20 Authority
Sec. 17 -1 -30 Policy
Sec. 17 -1 -40 Purposes
Sec. 17 -1 -50 Jurisdiction
Sec. 17- 1- 60lnterpretation, conflict and severability
Sec. 17 -1 -70 Saving provision
Sec. 17- 1- 80Repeai of prior regulations; application to developments in process
Sec. 17- 1- 90Amendments
Sec. 17- 1- 100Fees
Sec. 17 -1 -110 Enforcement, violations and penalties
Article 2 Definitions
Sec. 17- 2- 10Grammatical usage
Sec. 17- 2- 20Words and terms defined
Article 3Exemptions, Vacations, Minor Plat Amendments, Variances and Vested Property
Rights
Sec. 17- 3- 10Subdivision exemption
Sec. 17- 3- 20Subdivision exemption plat review procedure
Sec. 17- 3- 30Vacation proceedings
Sec. 17- 3- 40Right -of -way and /or easement vacation
Sec. 17- 3- 50Right -of -way and /or easement vacation review procedure
Sec. 17 -3 -60 Plat vacation
Sec. 17- 3- 70PIat vacation review procedure
Sec. 17- 3- 80Minor plat amendment
Sec. 17- 3- 90Minor plat amendment review procedure
Sec. 17 -3 -100 Variances
Sec. 17 -3 -110 Variance review procedure
Sec. 17 -3 -120 Vested property rights
Article 4 Minor Subdivisions
Sec. 17- 4- 10Purpose and scope
Sec. 17 -4-20 Final plat
Sec. 17- 4- 30Final plat; additional requirements for condominiums, townhomes and
apartments
Sec. 17- 4- 40Final plat review procedure
Sec. 17-4-50 As -built plat
Sec. 17 -4-60As -built plat review procedure
Article 5 Major Subdivisions
Sec. 17- 5- 10Purpose and scope
Sec. 17 -5 -20 Sketch plan
Sec. 17 -5 -30 Preliminary plat
Sec. 17- 5- 40Preliminary plat; additional requirements for condominiums, townhomes
and
apartments
Sec. 17- 5- 50Preliminary plat review procedure
Sec. 17 -5 -60 Final plat
Sec. 17- 5- 70Final plat; additional requirements for condominiums, townhomes and
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apartments
Sec. 17- 5- 80Final plat review procedure
Sec. 17 -5-90 As -built plat
Sec. 17 -5 -100 As -built plat review procedure
Article 6 Assurance for Completion and Maintenance of Improvements
Sec. 17- 6- 10Subdivision and development improvements agreement
Sec. 17- 6- 20Deferral or waiver of required subdivision improvements
Article 7Subdivision D esign and Improvement Standards
Division 1 General Provisions and Compliance
Sec. 17 -7 -10 General
Sec. 17- 7- 20Conformance to applicable rules and regulations
Sec. 17- 7- 30Self- imposed restrictions
Sec. 17- 7- 40PIats straddling municipal boundaries
Sec. 17 -7 -50 Monuments
Division 2 Special Site Considerations
Sec. 17 -7 -110 Natural hazards and conditions
Sec. 17 -7 -120 FI ood p l a i n s
Sec. 17- 7- 130Stream setbacks
Sec. 17 -7 -140 Wetlands
Sec. 17-7-1 50 Soi Is
Sec. 17- 7- 160Steep slopes
Sec. 17- 7- 170Cut- and -fill slopes
Sec. 17 -7 -180 Wildlife habitat
Sec. 17 -7 -190 Buffers
Sec. 17 -7 -200 Lots
Sec. 17 -7 -210 Blocks
Division 3 Public Dedication Requirements
Sec. 17 -7 -310 Purpose
Sec. 17 -7 -320 Dedications and /or conveyances
Sec. 17 -7 -330 Dedications and /or conveyances to Town and /or homeowners'
association Sec. 17 -7 -340 Land dedication for schools
Sec. 17 -7 -350 Fees -in -lieu for schools
Sec. 17 -7 -360 Transfer to school district
Sec. 17 -7 -370 Land dedication for parks
Sec. 17 -7 -380 Fees -in -lieu for parks
Sec. 17 -7 -390 Substitute land dedication
Sec. 17 -7 -400 Applicant's option for site specific dedication study
Sec. 17 -7 -410 Waiver of requirements
Division 4 Public Rights -of -Way
Sec. 17 -7 -510 Adoption of standards
Sec. 17 -7 -520 General
Sec. 17- 7- 530Streets, trails, sidewalks and rights -of -way
Sec. 17- 7- 540Street names, signs and traffic control
Sec. 17 -7 -550 Exterior boundary fences and gated
communities Sec. 17- 7- 560Street standards
Sec. 17 -7 -570 Easements
Division 5 General Standards
Sec. 17 -7 -610 Trail and sidewalk standards
Sec. 17- 7- 620Water quality
Sec. 17 -7 -630 Erosion and sediment control devices
Sec. 17 -7 -640 Snow storage
Sec. 17 -7 -650 Adoption of erosion standards
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Sec. 17 -7 -660
Sec. 17 -7 -670
Sec. 17 -7-680
Sec. 17 -7-690
Sec. 17 -7 -700
Sec. 17 -7 -710
Division 6 Sec.
17 -7-810
Sec. 17 -7 -820
Sec. 17 -7 -830
Sec. 17 -1 -10. Title.
Stormwater drainage and management facilities
Exterior
lighting
Utility
standards
Water
supply
Wastewater disposal
Natural features and landscaping requirements
Additional Standards
Residential condominium and townhome subdivisions
and apartment developments
General Provisions
These regulations shall be known, cited and referenced as the Subdivision Regulations of the
Town of Fraser, Colorado. (Ord. 322 12 -1 -1, 2006)
Sec. 17 -1 -20. Authority.
(a) Pursuant to the authority contained in Sections 29 -20 -101 et seq., 31 -23 -101 et seq., and
2467 -101 et seq., C.R.S., the Planning Commission and Board of Trustees are vested with the
power and authority to adopt and amend subdivision regulations.
(b) Pursuant to Section 31 -23 -227, C.R.S., the Board of Trustees assumes and reserves to
itself the final authority over all acts, powers and duties assigned to a municipal planning
commission under Part 2 of Article 23, Title 31, C.R.S. Without limiting the generality of the
forgoing, and notwithstanding anything to the contrary contained in this Chapter, the Board of
Trustees reserves the final authority: (a) to adopt and amend subdivision regulations; (b) to
authorize and accept public streets, parks and other public ways, grounds or open space, public
buildings and structures, and public or privately owned public utilities; and (c) to approve or
disapprove subdivision plats. As provided in these regulations, the Planning Commission is
delegated with the authority to review and make recommendations to the Board of Trustees
regarding such matters, but such recommendation shall not be binding on the Board of Trustees.
(Ord. 322 12 -1 -2, 2006)
Sec. 17 -1 -30. Policy.
(a) It is the policy of the Town to consider the subdivision of land and the subsequent
development of the subdivided land as subject to the control of the Town pursuant to this Code, the
Comprehensive Plan, these subdivision regulations and all other applicable regulations,
ordinances, codes, and rules of the Town for the orderly, planned, efficient and economical
development of the Town. All proposed subdivisions for which Town approval is required under
these regulations shall be consistent with the 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.
(b) Land to be subdivided shall be of such character that it can be used safely for building
purposes without danger to health or peril from fire, flood or other menace. Land shall not be
subdivided until adequate public facilities and improvements exist and proper provisions have
been made for water, sewer, stormwater drainage, schools, parks, open space, trails,
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recreation, transportation facilities and other improvements necessary to serve the proposed
subdivision. (Ord. 322 12 -1 -3, 2006)
Sec. 17 -1 -40. Purposes.
These regulations are adopted for the following purposes:
(1) To protect and provide for the public health, safety and welfare of the Town;
(2) To guide future growth and development of the Town in accordance with the
Comprehensive Plan;
(3) To provide for adequate light, air and privacy, to secure safety from fire, flood and other
danger, and to prevent overcrowding of land and undue congestion;
(4) To protect the character, social and economic stability of all parts of the Town and to
encourage orderly and strategic development through appropriate growth management
techniques;
(5) To protect and conserve the value of land, buildings and improvements throughout the
Town, and to minimize the conflicts among land uses;
(6) To guide public policy to ensure that public facilities and services are available with
sufficient capacity to serve the proposed development and that the new development does not
burden the Town's fiscal resources;
(7) To provide the most beneficial relationship between land uses and traffic circulation
throughout the Town;
(8) To establish standards of design and procedures for subdivisions and to ensure
proper legal descriptions and monumenting of subdivided land;
(9) To prevent air, water and light pollution and to encourage the wise use and management of
natural resources throughout the Town;
(10) To preserve natural beauty and protect environmentally critical areas throughout the
Town and to ensure appropriate development with regard to these natural features;
and
(11) To provide for open spaces through the most efficient design and layout of the land;
(12) To regulate such other matters as the Board of Trustees may deem necessary in order
to protect the best interest of the public. (Ord. 322 12 -1 -4, 2006)
Sec. 17 1 50. Jurisdiction.
These regulations apply to all subdivisions and resubdivisions of land located within the corporate
boundaries of the Town 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 land
located within three (3) miles of the corporate boundaries of the Town. (Ord. 322 12 -1 -5, 2006)
Sec. 17 1 60. Interpretation, conflict and severability.
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(a) In their interpretation and application, the provisions of these regulations shall be held to
be the minimum requirements for the promotion of public health, safety and welfare.
(b) Conflict with public and private provisions.
(1) 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 different from
those imposed by any other provision of these regulations or any other ordinance, rule,
regulation, statute or other provision of law, the provision which is more restrictive or imposes
higher standards shall govern.
(2) Private provisions. These regulations are 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 provisions being a function of the right of individual property owners to further or
separately restrict the use of their property as one (1) of the rights attendant upon property
ownership. These regulations shall not be interpreted 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.
(c) Severability. If any part, provision 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
declares that it would have enacted the remainder of these regulations even without any such part,
provision or application which is judged invalid. (Ord. 322 §12 -1 -6, 2006)
Sec. 17 -1 -70. Saving provision.
These regulations shall not be construed as abating any action now pending under or, by virtue
of prior existing subdivision regulations, as discontinuing, abating, modifying or altering any penalty
accruing or about to accrue, as affecting the liability of any person, firm or corporation, 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
lawful action of the Town, except as shall be expressly provided for in these regulations. (Ord.
322 12 -1 -7, 2006)
Sec. 17 -1 -80. Repeal of prior regulations; application to developments in process.
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 approval prior
to the effective date of these regulations shall be reviewed pursuant to the subdivision
regulations in force and adopted by Resolution 9 -1 -98 and Ordinance No. 254, 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. (Ord.
322 12 -1 -8, 2006)
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Sec. 17 -1 -90. Amendments.
For the purpose of protecting the public health, safety and welfare, the Planning Commission may
propose amendments to these regulations, as needed. The Planning Commission shall
recommend approval or approval with conditions or denial of the proposed amendments at a
public hearing following public notice. The amendments must be approved by the Board of
Trustees at a public hearing following public notice. The Planning Commission and Board of
Trustees may choose to issue coordinated notices of such public hearing in order to conduct a
joint public hearing for this purpose. (Ord. 322 12 -1 -9, 2006)
Soc. 17 1 100. Fccs.
(a) Filing fcc: In order to covcr thc costs of reviewing, proccscing ate cog these
all fecs have been paid. No part of the fecs shall be refunded on account of any denial, partial
required. If rcpublication is necessary due only to Town error, thc Town will pay thc rcpublication
chargc.
(c) Mailing fcc. Thc applicant shall pay thc mailing cost for notification of adjacent property
owners.
(d) Recording fcc. Thc applicant shall pay all recording fccs.
(e) Inspection fcc. Thc applicant shall pay all subdivision improvement inspection fccs.
(f) Other fees.
{1) Thc applicant shall pay for additional costs made ncccssary by review incurred by
Town staff, during thc revicw and consideration of a proposed subdivision pursuant to these
regulations. Thc Town will send invoiccs to thc applicant for expenses incurrcd as the Town
is billed. All invoices shall be paid in full prior to final Board of Trustees approval of thc
application or issuance of thc applicable permit, certificate or othcr approval document.
(2) The applicant shall pay for additional costs made ncccssary by unusual circumstances
and more than ordinary review incurred by thc Town for the services of othcr
applicant for expenses incurrcd as the Town is billed. All invoiccs shall be paid in full prior to
final Board of Trustees approval of the application or issuance of thc applicable permit,
ccrtificatc or other approval documcnt. (Ord. 322 12 1 10, 2006)
Sec. 17- 1- 100.Fees, Costs and Deposits.
(a) Application fee: An application fee shall be paid at the time of filing any
application pursuant to these regulations. The amount of the application fee shall be in
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accordance with the current fee schedule in effect when the application if filed, as
established by the Board of Trustees.
(b) Application Policies; Additional Fees, Costs and Deposits. The general
application policies provided in Section 1 -3 -70 of this Code shall apply to all applications
made pursuant to these regulations, including the requirements specified in that Section
for payment of additional processing fees and outside consultant costs and required
cash deposits. The amount of the cash deposit required shall be as specified in the
current fee schedule adopted by the Board of Trustees, or if no deposit amount is
specified in such schedule, as reasonably determined by Town staff based upon the
nature of the particular application.
Sec. 17 -1 -110. Enforcement, violations and penalties.
(a) It shall be the duty and responsibility of the Board of Trustees, or a designated
representative, to interpret and enforce the provisions of these regulations.
(b) 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 of Trustees
in accordance with the provisions of these regulations and recorded in the office of the County
Clerk and Recorder.
(c) No permits shall be issued for the construction of any building or other improvements
requiring a permit, 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 with.
(d) 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 provision shall be
subject to a fine and imprisonment as provided in Subsection (e) below.
(e) Any person who violates any of these regulations shall be punished as set forth in Section
14 -10 of this Code.
(f) Appropriate 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 (e) above. (Ord. 322
§12 -1 -11, 2006; Ord. 330 §1, 2007)
ARTICLE 2
Definitions
Sec. 17 -2 -10. Grammatical usage.
For the purposes of these regulations, words and terms used shall be used, interpreted and
defined as set forth below:
(1) The particular controls the general.
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(2) The word shall is always mandatory. The word may is permissive.
(3) 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. (Ord. 322 12 -7 -1, 2006)
Sec. 17 2 20. Words and terms defined.
As used in this Chapter, the following terms shall have the meanings indicated:
Acceptance means formal action by the Board of Trustees whereby subdivision improvements
which constitute public property are accepted for maintenance. This action can only be taken after
the improvements are completed and inspected by authorized personnel and certified for
acceptance.
Adequate public facilities means facilities determined to be capable of supporting and servicing
the physical area and designated intensity of the proposed subdivision as determined by the Town
based upon specified levels of service. See subdivision improvements.
Apartment means a structure or structures located on a single lot or parcel of land, containing
five (5) or more individual dwelling units which are not platted as condominium or townhome
units and are under single ownership.
Applicant, used interchangeably with the terms developer and subdivider, means the owner of
land proposed to be subdivided or his or her representative who is responsible for any undertaking
that requires review and approval under these regulations.
As -built plat means the amended final plat that shows exact locations of all public and private
improvements on a development site. For condominiums, as -built plats shall also include
horizontal and vertical layouts of the air spaces.
Block means a tract of and bounded by streets, or a combination of streets and public parks,
cemeteries, railroad rights -of -way or boundary lines of municipalities.
Building means any structure built for the support, shelter or enclosure of persons, animals or
moveable property of any kind.
Certificate of occupancy is a document stating that the building or structure has been
inspected by the Building Official, that all provisions of the adopted Building Code and all other
applicable rules and regulations have been complied with, and that the building or structure
has been approved for occupancy.
Comprehensive Plan, Community Plan or Master Plan means a plan, pursuant to state statutes,
prepared and adopted by the Town for guiding and controlling the physical development of land
use and circulation in the Town and up to a three -mile radius beyond the Town limits.
Condominium means a type of ownership which consists of a separate fee simple estate in
an individual airspace unit of a multi -unit property, together with an undivided fee simple interest
in common elements.
a. Individual air space means any enclosed room occupying all or part of a floor in a
building of one (1) or more floors to be used for residential, professional, commercial or
industrial purposes.
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b. Common elements, unless otherwise provided in the declaration or by written consent
of all the condominium owners, means 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 of 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 means an individual air space unit, together with the interest in the
common elements appurtenant to such unit.
d. Declaration means an instrument which defines the character, duration, rights,
obligations and limitations of condominium ownership.
Cul -de -sac means 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.
Dedication means an appropriation of land to some public use, made by the owner and by
which the owner reserves to himself or herself no other rights than such as are compatible with
the full exercise and enjoyment of the public uses to which the property has been devoted.
Developer, used interchangeably with the terms subdivider and applicant, means the owner
of land proposed to be subdivided or his or her representative, who is responsible for any
undertaking that requires review and approval under these regulations.
Disturbed area means 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.
Drainage and erosion control devices means 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, sand traps, grassed waterways, catch basins and revegetation landscaping.
Dwelling unit means 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 (500) square feet of floor area measured on the
outside walls.
Easement means 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.
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Final plat means 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 County Clerk and Recorder.
Lot, used interchangeably with the term parcel, means 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 twenty -foot minimum access to a public or approved private street. A piece 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 County Clerk and Recorder.
Major subdivision means 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.
Minor subdivision means any subdivision containing not more than four (4) lots or dwelling
units fronting on an existing street, not involving the construction of a new street or road or the
extension of Town facilities, and otherwise meeting the requirements of Article 4 of this Chapter.
Mixed -use residential and commercial subdivision means a subdivision which includes both a
residential component consisting of single family, apartment, condominium and /or townhome
development, and a nonresidential component consisting of commercial, office and /or industrial
development. All such mixed -use subdivisions must conform with the zoning regulations
applicable to the property.
Open space means land which is free of any structures, except those permitted below, and
dedicated to the public or conveyed to a homeowners' association for common use of all
residents of a subdivision, unless otherwise approved by the Town. Open space includes 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
the approval of the Town. Uses not specified herein may be approved and /or denied by the
Town. Permitted and not permitted uses within dedicated open space are outlined as follows:
Permitted Uses
Trails
Gardens
Uncovered decks
Patios
Access corridors to public lands
Picnic grounds
Golf courses
Athletic fields
Playgrounds
Sidewalks
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Disabled ramps
Uncovered hot tubs
Uncovered swimming pools
One -story detached accessory buildings not requiring a
building permit
Uses Not Permitted
Covered swimming pools
Streets and roads
Driveways, parking and loading
Tennis courts
Structures
Parcel, used interchangeably with the term lot, means a piece of property which exists by
virtue of a separate legal description or a separate deed, either of which has been recorded at
the office of the County Clerk and Recorder.
Planning Commission means the Town of Fraser Planning Commission.
Plat amendment means modifications to an approved and recorded plat that may involve
corrections to lot lines and other specifications that do not qualify it for a resubdivision.
Preliminary plat means a map of the proposed subdivision drawn and submitted along with
other supporting documents in accordance with these regulations.
Public hearing means 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
express their opinions.
Public notice means notice to the public of a public hearing by the Board of Trustees 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.
Reception number means the number assigned to all documents recorded in the office of the
County Clerk and Recorder. Amended and as -built plats must show the reception numbers of all
previously recorded plats.
Resubdivision means 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.
Right -of -way means a strip of land occupied or intended to be occupied by a street, crosswalk,
railroad, electric transmission line, oil or gas pipeline, water main, sewer main, stormwater
drain or trees, or for another special use. The usage of the term right -of -way for platting
purposes shall mean that every right -of -way hereafter established and shown on a final plat is to
be separate and distinct from 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, stormwater drains, trees or any other use
involving maintenance by a public agency shall be dedicated to public use by the subdivider.
Sketch plan means a map of the proposed subdivision, drawn and submitted in accordance
with the objectives of these regulations to evaluate development feasibility and design
characteristics at an early planning stage.
Staff means authorized administrative personnel of the Board of Trustees or Planning
Commission whose responsibility is to perform the day -to -day business functions of the Town.
Street, private means a suitable improved private road as determined 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.
Street, public means a right -of -way reserved or dedicated for public use which provides for
vehicular traffic, further classified and defined in The Town of Fraser Street and Roadways
Minimum Design Criteria and Construction Standards.
Structure means 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.
Subdivider means any person who: (a) having an interest in land, causes it, directly or
indirectly, to be divided into a subdivision; or (b) directly or indirectly sells, leases or develops,
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 (c) engages directly or through an agent in the business of
selling, leasing, developing or offering for sale, lease or development a subdivision or any
interest, lot, parcel site, unit or plat in a subdivision; and (d) is directly or indirectly controlled
by or under direct or indirect common control with any of the foregoing.
Subdivision means any parcel of land which is to be used for condominiums and /or
townhomes, apartments containing two (2) 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 interests (including leasehold interests), interests in common or other
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
disposition is adopted 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 interests in land:
a. A division of land by order of any court in the 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 the 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 (1) interest; and /or
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f. A division which is created by the conveyance of real property to the Town in
satisfaction of land dedication, subdivision, annexation or other Town requirements.
Subdivision improvements means 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 for 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. Roads, streets, bridges and structures, curbs, gutters, sidewalks and trails;
b. Potable water production, treatment and distribution systems;
c. Sanitary sewer collection system;
d. Storm sewers or storm drainage system, as required;
f. Acquisition, construction and installation of traffic signs, striping, signals, lights
and lighting;
g. Acquisition, construction and installation of street name signs at all intersections
and along roadways;
h Stree ights;
rrvcrcct I
i. Permanent reference monuments and monument boxes;
j. Underground telephone, electric and gas lines;
k. Landscaping;
I. Erosion control devices;
m.Revegetation;
n. Open space, parks and recreation areas;
o. Systems and /or facilities for the transportation of people;
p. Acquisition, construction, improvement and equipping of temporary and permanent
school buildings, fire stations, police stations, public works maintenance facilities, open space,
parks and recreation areas;
q. Acquisition of any and all property, easements and rights -of -way which may be
required to carry out the purposes of the project;
r. Underdrains;
13
s. Necessary floodway improvements;
t. Necessary irrigation ditch and /or waterway improvements; and
u. Any other improvements deemed necessary by the Board of Trustees.
Subdivision improvements agreement means a written contract entered into by the Town
and the applicant 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 terms and conditions for the acceptance of the
improvements to the Town. It shall also provide for such fmancial assurances as necessary to
ensure the proper and timely installation of improvements.
Title commitment means a commitment for title insurance issued by a licensed title insurance
company with offices in the County, with an effective date not earlier 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
property included in the proposed subdivision, shall identify 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 County Clerk and Recorder.
Townhome means 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 homeowners' association
which shall own in fee simple the common areas subject to all rights and duties as provided in the
townhome declaration of the homeowners' 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 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, greenbelts, yards, parking areas or storage
spaces located on the property owned and controlled by the owners through the
homeowners' association, but which are not part of individual townhome lots, and all
community and commercial facilities or other parts of the property necessary or convenient 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.
Trail means a multipurpose easement designed to provide a safe and easy passage for
travel. (Ord. 322 §12 -7 -2, 2006; Ord. 330 §1, 2007)
ARTICLE 3
Exemptions, Vacations, Minor Plat Amendments,
Variances and Vested Property Rights
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Sec. 17 -3 -10. Subdivision exemption.
(a) Certain divisions of property may be exempted from the requirements of this Chapter if the
activity meets one (1) of the following conditions and if such exemption is approved by the Board of
Trustees:
(1) The division does not result in the creation of an additional lot.
(2) 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 requirements as
established in Chapter 16 of this Code. If the lots of the original recorded plat were
nonconforming, any revised lot shall not increase the nonconformity.
(3) A division for the purpose of correcting an engineering or survey error in a recorded plat,
provided that the correction continues to meet the standards of these regulations and have no
effect on conditions applied to the approval of the recorded plat.
(4) A division which creates parcels for community facilities (including utility land
acquisition).
(5) A division which involves the acquisition of access from one (1) parcel of property
to another.
(b) An application for an exemption plat shall be accompanied by the following information:
(1) A land use application form.
(2) The applicable fee as established by the Board of Trustees.
(3) A title commitment (two [2] copies) must be current and dated no more than thirty (30)
days from the date of application submittal.
(4) Copies of the exemption plat and associated submittal materials in a format and quantity as
specified by Town staff.
(c) Unless the Board of Trustees 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:
(1) Title:
Subdivision Exemption Plat
Subdivision Name
Prior Reception Numbers
Legal Description
Town of Fraser,
Grand County, Colorado
(2) Plat size: twenty -four (24) inches by thirty -six (36) inches, with a one half -inch margin on
the top, bottom and right -hand side and a one and one half -inch margin on the left-hand side.
15
(3) Sheets shall be numbered in sequence if more than one (1) sheet is used.
(4) A blank 21/4" x 3" vertical box in the lower right -hand corner of the plat inside the
margin for use by the County Clerk and Recorder.
(5) Each sheet shall show the written and graphic scale, north arrow and date of
survey preparation.
(6) A general vicinity map.
(7) Names and addresses of the applicant and surveyor.
(8) A statement by the surveyor of the basis of bearing for laying out the boundaries.
(9) A description of all monuments, both found and set, which mark the boundaries of the
property, and a description of all control monuments used in conducting the survey.
(10) Signature and seal of the land surveyor. See Appendix D to this Code for signature
block text and format.
(11) Signature blocks for owners, lien holders (if applicable) and Board of Trustees. See
Appendix D to this Code for signature block text and format.
(12) Dedication and depiction of access rights -of -way to adjacent lands, if applicable.
(13) All recorded and apparent easements and right -of -ways on and /or adjacent to
the property.
(14) A land and improvements survey and metes and bounds legal description of the
property in question by a registered surveyor.
(15) All dimensions necessary to establish the boundaries in the field.
(16) All signatures in black, permanent ink.
Sec. 17 -3 -20. Subdivision exemption plat review
procedure.
(a) All required submittal materials shall be filed with the Town Planner at least forty -five (45)
days prior to the Planning Commission meeting.
(b) Within fourteen (14) 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.
(c) Upon receipt of a complete application, a public hearing shall be scheduled 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.
(d) At least thirty (30) days in advance of the initial public hearing, the applicant shall send
16
notice, by certified mail, return receipt requested, to providc noticc to all curfacc owners, mineral
estate owners and provide certification of such notice in accordance with the requirements of
Section 31 -23 -215 and Article 65.5 of Title 24, C.R.S. Icscccs of mincral owncrs in accordancc
with Scctions 31 23215 and 24 65.5 103, C.R.S.
(e) At least fourteen (14) days in advance of the public hearing, the applicant shall send
providc writtcn notice to all owners of property within two hundred (200) feet of the boundaries
of the property that is the subject of the application. Such notice shall be sent via certified mail,
return receipt requested, and shall include the following information: A copy of the complete
application with all accompanying materials; the name, address and phone number of the
authorized contact for the applicant; 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 mailings and the names, addresses and legal descriptions of all parties to
whom the notifications were transmitted, together with a complete copy of the materials
included in the mailing. Failure to properly mail the documents, notify the necessary parties
and /or provide the required affidavit shall be grounds for denial of the application or a continuance
of the public hearing until such notice is provided.
(f) The Town staff shall publish notice of the public hearing, in a newspaper of general
circulation, by one (1) publication 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 applicant.
(g) No plat shall be submitted to the Planning Commission until the foregoing notice and
review requirements have been completed and /or satisfied. The Planning Commission shall
consider the application at a public hearing and either recommend approval or approval 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-day period shall
constitute approval of the application; provided, however, that the applicant or his or her 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.
(h) Within thirty (30) days of the Planning Commission public hearing, the Board of Trustees
shall review the application and either approve, approve with conditions or deny the application.
Upon the Board of Trustees' approval, the plat or resolution shall be recorded by the Town staff in the
office of the County Clerk and Recorder. All recording expenses shall be paid by the applicant.
(i) Prior to execution of the subdivision exemption plat, the applicant shall provide the Town
with the following:
(1) Executed originals of all legal documents.
(2) Subdivision exemption plat Mylar.
(3) A black line Mylar for the purpose of incorporating the data into a 911 emergency system.
The Mylar shall be fourteen (14) inches by eighteen (18) inches 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 fourteen- inch -by-
17
eighteen inch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf format as specified
below.
shall be referenced to a known coordinate system. A Projection (PRJ) filc should be submitted.
If not, includc a tcxt filc with all thc parameters describing the datum, projcction and coordinate
system used for the project. If thc survey is not produced using GPS, then thc Geographic
available from thc BLM at www.BLM.qov/GCDB. The drawing shall includc cithcr a data
dictionary to explain the layers, or a self explanatory layering system. (Ord. 322 12 2 2, 2006)
A digital file of the approved exemption plat. This digital file will be used for updating and
maintaining information in the Town's Geographic Information System (GIS). The digital file
shall be in a format acceptable to the Town's System. Specific requirements for digital submittal
can be obtained from the Town's Planning Department.
Sec. 17 -3 -30. Vacation proceedings.
(a) Methods. Public right -of -way and easement vacation proceedings shall be in
compliance with Sections 43 -2 -302 and 43 -2 -303, C.R.S.
(b) The Board of Trustees may approve a vacation petition on such terms and conditions as are
reasonable to protect public health, safety and welfare.
Sec. 17 -3 -40. Right -of -way and /or easement vacation.
An application for a right -of -way and /or easement vacation shall be accompanied by the following
information:
(1) A land use application form.
(2) The applicable fee as established by the Board of Trustees.
(3) Twenty (20) opies of a petition requesting vacation of the right -of -way and /or
easement and all accompanying documents in a format and quantity as specified by Town
(4) Thrcc (3) opies of the documentation showing that the right -of -way and /or easement
sought to be vacated has been legally dedicated to and accepted by the public or authorized
agent of the public in a format and quantity as specified by Town staff.
Sec. 17 -3 -50. Right -of -way and/or easement vacation review procedure.
(a) All required submittal materials shall be filed with the Town Planner at least forty -five (45)
days prior to the Board of Trustees meeting.
(b) Within fourteen (14) 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 of Trustees or scheduled for a meeting until a complete application has
been filed with the Town Planner.
(c) Upon receipt of a complete application, a public hearing shall be scheduled at the next
available Board of Trustees meeting. Staff comments and recommendations shall be forwarded to the
18
applicant at least five (5) days prior to the public hearing date.
(d) The 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.
(e) At least fourteen (14) days in advance of the public hearing, the applicant shall provide
written notice to all owners of property within two hundred (200) feet 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 copy of the application with all accompanying materials,
including 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, the disposition of the
vacated portion of the right -of -way /easement, the name, address and phone number of the
authorized contact for the applicant 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, together with a complete copy of the materials included in the
mailing. 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 until such notice is provided.
(f) The Town staff shall publish notice of the public hearing, in a newspaper of general
circulation, by one (1) publication 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 applicant.
(g) No vacation petition shall be deemed to have been submitted to the Board of Trustees
until the foregoing notice and review requirements have been completed and /or satisfied. The
Board of Trustees shall consider the vacation petition and review an ordinance vacating the right -of-
way and /or easement at a public hearing and either approve, approve with conditions or deny
the vacation petition within thirty (30) days after the commencement of such hearing. Failure by
the Board of Trustees to act on the vacation petition within said thirty -day period shall constitute
approval of the vacation petition; provided, however, that the applicant or his or her authorized
representative may waive this requirement and consent to an extension of such period for the
Board of Trustees' determination if necessary to allow the applicant to make revisions or provide
additional information before the Board of Trustees takes fmal action. 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. Upon the Board of Trustees'
approval, the ordinance shall be recorded by the Town staff in the office of the County Clerk and
Recorder. (Ord. 322 12 -2 -5, 2006)
Sec. 17 -3 -60. Plat vacation.
(a) Any plat, or portion thereof, may be vacated upon petition by the owner of the property and
approval by the Board of Trustees, at any time before the sale of any lots. When lots have been
sold, all owners must consent to the proposed vacation.
(b) An application for a plat vacation shall be accompanied by the following
information:
(1) A land use application form.
(2) The applicable fee as established by the Board of Trustees.
(3) A title commitment (two [2] copies) must be current and dated no more than thirty (30)
19
days from the date of application submittal.
(4) Copies of the vacation plat and associated submittal materials in a format and quantity as
specified by Town staff.
(5) Three (3) copies of the recorded plat to be vacated. (Ord. 322 12 -2 -6;
2006)
Sec. 17 -3 -70. Plat vacation review procedure.
(a) All required submittal materials shall be filed with the Town Planner at least forty -five (45)
days prior to the Planning Commission.
(b) Within fourteen (14) 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.
(c) Upon receipt of a complete application, a public hearing shall be scheduled at the next
available Planning Commission meeting for consideration of the application. Staff comments and
recommendations shall be forwarded to the applicant at least five (5) days prior to the meeting
date.
(d) The applicant shall provide notice of the public hearing in the manner specified in
Subsections 17- 3 -20(d) and (e) above. The Town staff shall cause notice of such public hearing to be
published in the manner specified in Subsection 17- 3 -20(f) above.
(e) No plat vacation petition shall be deemed to have been submitted to the Planning
Commission until the foregoing review requirements have been completed and /or satisfied. The
Planning Commission shall consider the plat vacation petition at a public hearing and shall either
recommend approval or approval with conditions or deny the vacation plat within thirty (30) days
after the commencement of such meeting. Failure by the Planning Commission to act on the plat
vacation petition within said thirty -day period shall constitute approval of the plat vacation petition;
provided, however, that the applicant or his or her 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.
(f) Within thirty (30) days from the Planning Commission public hearing, the Board of Trustees
shall review the plat vacation petition and either approve, approve with conditions or deny the
request. Upon the Board of Trustees' approval, a resolution shall be recorded by the Town staff in
the office of the County Clerk and Recorder. The owner shall be responsible for vacating all
restrictive covenants, condominium or townhome declarations, homeowners' association,
articles of incorporation, bylaws and deed of conveyance to the association for common elements,
if applicable. (Ord. 322 12 -2 -7, 2006)
Sec. 17 -3 -80. Minor plat amendment.
(a) Certain minor amendments to approved and recorded plats may be considered via a
minor plat amendment upon petition by the owner of the property and approval by the Board of
Trustees, in cases where a majority of the following conditions are met:
20
(1) The approval of the minor plat amendment will not be detrimental to the public
safety, health or welfare or injurious to other adjacent properties.
(2) The minor plat amendment is in conformity with other policies and criteria as
established by the Planning Commission.
(3) The minor plat amendment would not alter the overall nature, character, density or
intent of the approved plat.
(4) The minor plat amendment request is the result of site conditions encountered after
initiation of development, mitigation of plat notes or conditions via alternative means approved
by the Planning Commission and Board of Trustees, or errors in engineering or surveying.
(5) The minor plat amendment is consistent with the original intent of the subdivision and /or
conditions or plat notes.
(b) An application for a minor plat amendment shall be accompanied by the following
information:
(1) A land use application form.
(2) The applicable fee as established by the Board of Trustees.
(3) A title report (two [2] copies) listing all owners of record in the subdivision. The title
report must be current and dated no more than thirty (30) days from the date of application
submittal.
(3) Twcnty (20) Copies of a petition requesting the minor plat amendment, describing
the impact and the need for the amendment in a format and quantity as specified by Town
staff.
(4) Three (3) copies of the recorded plat to be amended.
(5) At the discretion of the Town, in cases where the effects of a minor plat amendment are
determined to be negligible to all property owners within the subdivision, the minor plat
amendment may be processed on behalf of all owners by a majority of owners, affected
owners, the developer of the subdivision or the owners' association. In such cases, the
applicant shall provide evidence of notice of the request and hearing to all owners within the
subdivision.
(6) At the discretion of the Town, an amended plat may be required to be executed and
recorded by Town staff in the office of the County Clerk and Recorder. (Ord. 322 12 -2 -8,
2006)
Sec. 17 -3 -90. Minor plat amendment review procedure.
(a) All required submittal materials shall be filed with the Town Planner at least forty -five (45)
days prior to the Planning Commission meeting.
(b) Within fourteen (14) days of filing, the Town staff 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
21
with the Town staff.
(c) Upon receipt of a complete application, a public hearing shall be scheduled at the next
available Planning Commission meeting for consideration of the application. Town staff comments
and recommendations shall be forwarded to the applicant at least five (5) days prior to the public
hearing date.
(d) The applicant shall provide public notice of the public hearing in the manner specified in
Subsections 17- 3 -20(d) and (e) of this Article. The Town staff shall cause notice of such public
hearing to be published in the manner specified in Subsection 17- 3- 20(f).
(e) No petition for a minor plat amendment shall be deemed to have been submitted to the
Planning Commission until the foregoing review requirements have been completed and /or
satisfied. The Planning Commission shall consider the minor plat amendment and review an amended
plat or resolution (as determined appropriate by Town staff) amending the plat at a public hearing and
either recommend approval, approval with conditions or denial of the minor plat amendment.
(f) Within thirty (30) days from the Planning Commission public hearing, the Board of Trustees
shall review the minor plat amendment and either approve, approve with conditions or deny the
request. Upon Board of Trustees approval, a resolution and /or amended plat shall be recorded by
the Town staff in the office of the County Clerk and Recorder.
(g) Prior to execution of the minor plat amendment, the applicant shall provide the Town
with the following:
(1) Executed originals of all legal documents.
(2) Amended plat Mylar, if applicable.
(3) A black line Mylar for the purpose of incorporating the data into a 911 emergency system.
The Mylar shall be fourteen (14) inches by eighteen (18) inches 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 fourteen- inch -by-
eighteeninch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf format as specified
below.
(4) Prior to recording thc final plat, electronic media shall bc provided in AutoCAD.dwg or
shall bc referenced to a known coordinate system. A Projection (PRJ) file should be submitted.
If not, include a text file with all thc parameters describing thc datum, projection
system used for the project. If the survey is not produced using GPS, then thc Geographic
available from thc BLM at www.BLM.gov /GCDB. The drawing shall include either a data
dictionary to explain thc layers, or a self explanatory layering system. (Ord. 322 12 2 0, 2006)
(5) (4) A digital file of the approved amended plat. This digital file will be used for
updating and maintaining information in the Town's Geographic Information System (GIS). The
digital file shall be in a format acceptable to the Town's System. Specific requirements for
digital submittal can be obtained from the Town's Planning Department.
Sec. 17 -3 -100. Variances.
22
(a) The Planning Commission may authorize variances from these regulations in cases
where, due to exceptional topographical conditions or other unusual conditions, 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:
(1) The granting of the variance will not be detrimental to the public safety, health or
welfare or injurious to other property located nearby.
(2) 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 property.
(3) Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, a particular hardship to the owner would result, as distinguished from a
mere inconvenience, if the strict letter of these regulations is carried out.
(4) The variances will not in any manner vary the provisions of Chapter 16 of this Code, the
Comprehensive Plan or Official Zoning Map.
(5) The variance is, in the opinion of the Planning Commission, insignificant.
(6) The variance is in conformity with other criteria the Planning Commission sets by policy
from time to time.
(b) Conditions. In approving variances, the Planning Commission may require such
conditions as will, in its judgment, secure substantially the objectives of the standards or
requirements of these regulations.
(c) An application for a variance shall be accompanied by the following information:
(1) A land use application form.
(2) The applicable fee as established by the Board of Trustees.
(3) A title commitment (two [2] copies) must be current and dated no more than thirty (30)
days from the date of the application submittal.
(4) Twenty (20) Copies of the variance request in a format and quantity as
specified by Town staff.
(5) Twcnty (20) Copies of a concise statement of the type of variance requested and
the applicable subdivision regulation section being referred to for the variance, a statement of
the reasons and need for the variance, and the name, address and phone number of the
authorized contact for the variance request in a format and quantity as specified by Town
staff.
23
Sec. 17 -3 -110. Variance review procedure.
(a) The Planning Commission shall consider variances from these regulations at the
preliminary plat public hearing for a major subdivision. All required submittal materials shall be
filed with the Town Planner at least forty -five (45) days prior to the Planning Commission meeting.
(b) Within fourteen (14) 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.
(c) Upon receipt of a complete application, a public hearing shall be scheduled at the next
available Planning Commission meeting for consideration of the application. Staff comments and
recommendations shall be forwarded to the applicant at least five (5) days prior to the public
hearing date.
(d) The applicant shall provide notice of the public hearing in the manner specified in
Subsection 17- 2 -20(e) of this Article. The Town staff shall cause notice of such public hearing to
be published in the manner specified in Subsection 178- 2 -20(f) of this Article.
(e) No variance request shall be deemed to have been submitted to the Planning
Commission until the forgoing notice and review requirements have been completed and /or
satisfied. The Planning Commission shall consider the variance request at a public hearing and
either recommend approval or approval with conditions or deny the application within thirty
(30) days after commencement of such hearing. Failure of the Planning Commission to act on the
variance request within said thirty -day period shall constitute approval of the variance request;
provided, however, that the applicant or his or her 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 are final. Any findings, conditions of approval or reasons for denial shall be stated in
the minutes. (Ord. 322 §12 -2 -11, 2006)
Sec. 17 3 120. Vested property rights.
(a) A site specific development plan, for purposes of the creation of a vested property right
pursuant to Article 68 of Title 24, C.R.S., shall mean the final development plan, irrespective of its
title, for a specific parcel of property which is submitted to the Town for approval and which is the
final approval step prior to the application for a building permit. 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.
(b) In the event that 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.R.S., 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 approval not a site specific development plan, and
no vested rights shall be deemed to have been created thereby.
(1) A site specific development 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 the
Town's other ordinances and regulations applicable to the proposed development. Failure to
comply with such terms and conditions shall result in forfeiture of the vested property rights.
24
(2) Each map, plat or site plan constituting a site specific development plan shall contain the
following language: "Approval of this plan creates a vested property right pursuant to Section
2468 -103, C.R.S., as amended."
(c) 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 Board of Trustees 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 Section 31 -23 -304, C.R.S., and Chapter 16 of this Code.
(d) 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 68 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.
(e) In addition to any and all other fees and charges imposed by the ordinances and
resolutions of the Town, the applicant for approval of a site specific development plan shall pay all
costs occasioned to the Town as a result of the site specific development plan review, including
publication of notices, public hearing and review costs.
(f) In the event amendments to a site specific development plan are proposed and approved, the
effective date of such amendments, for purposes of duration of a vested property right, shall be
the date of the approval of the original site specific development plan, unless the Board of
Trustees specifically fords to the contrary and incorporates such finding in its approval of the
amendment.
(g) 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. (Ord. 322 12 -2 -12, 2006)
Sec. 17 -4 -10. Purpose and scope.
ARTICLE 4
Minor Subdivisions
(a) The purpose of the minor subdivision plat is to complete a subdivision of land consistent with
the subdivision design and improvement standards stated herein when the following conditions
exist:
(1) The resulting subdivision will create a total of not more than four (4) lots or four (4)
dwelling units. 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.
(2) There are no exceptions to the subdivision design and improvement standards in Articles
6 and 7 of this Chapter; and
25
(3) No new streets need to be constructed and municipal utilities exist immediately adjacent to
the parcel and do not need to be extended to serve the subdivision.
(b) The minor subdivision review process shall not be used to circumvent the requirements of the
major subdivision review process.
Sec. 17 -4 -20. Final plat.
(a) General. An approved final plat shall be required for all minor subdivisions within the
Town. No minor 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 of Trustees have been submitted, reviewed and found to
meet all sound planning and engineering requirements of the Town. 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.
(b) An application for a final plat shall be accompanied by the following information:
(1) A land use application form.
(2) The applicable fee as established by the Board of Trustees.
(3) A title commitment (two [2] copies) must be current and dated no more than thirty (30)
days from the date of application submittal.
(4) The location of any proposed connection with existing systems and engineering
drawings, if applicable.
(5) Written proof of legal access if the property does not have direct contiguous access to a
public or private street.
(6) Images (such as photographs, sketches and /or plans) which illustrate the project
intention.
(7) Subdivision improvements agreement, if applicable.
(8) Two (2) copies of the proposed restrictive covenants, condominium or townhome
declarations, articles of incorporation and bylaws of any homeowners' association (HOA) and
deed of conveyance to the association for common elements, if applicable. Proof of filing the
articles of incorporation and the executed originals of such documents shall be submitted prior to
recording the plat.
(9) If any liens will exist upon the subdivided property at the time of plat approval, the
lienholders shall join in the execution of the declaration and the final plat.
(10) A final drainage plan. Refer to Article 7 of this Article.
(11) An erosion and sediment control and revegetation plan. (refer to Articic 7 of this
Chaptcr). Refcr to The Town of Frascr Minimum Dcsign Critcria and Construction
Standards. Refer to Chapter 14 of the Municipal Code Minimum Design Criteria and
26
Construction Standards
(12) A landscaping plan. Refer to Article 7 of this Article.
(13) Exterior lighting esh►eme including parking lot lighting, mounting height, type of
poles, light source intensity, building lighting and sign illumination, if applicable. Refer to
Article 7 of this Article.
(14) Estimated time schedule for development.
(15) Any other reports and information deemed necessary by the Town.
(16) Copies of the final plat and associated submittal materials in a format and quantity as
specified by the Town staff.
(c) The final plat shall contain the following information and conform to the following
specifications:
(1) Title:
Minor Subdivision Final Plat
Subdivision Name
Prior Reception Numbers
Legal Description
Town of Fraser,
Grand County, Colorado
(2) Plat size: twenty -four (24) inches by thirty -six (36) inches, with a one half -inch
margin on the top, bottom and right -hand side and a one and one half -inch margin on the left
hand side.
(3)
Sheets shall be numbered in sequence if more than one (1) sheet is used.
(4) A blank 21/4" x 3" vertical box in the lower right -hand corner of the plat inside the
margin for use by the County Clerk and Recorder.
(5) Each sheet shall show the written and graphic scale, north arrow and date of
survey preparation.
(6) A general vicinity map.
(7) Names and addresses of the owner, applicant, engineer and surveyor.
(8) Land use table. The table shall include: land uses, approximate acreage of each
land use and percentage of each land use, total acreage and square footage of property, total
numbers of lots and maximum number of each type of dwelling unit proposed.
(9) Location, dimensions and recorded information of all existing easements.
(10) Location and dimensions of all proposed easements.
(11) Basis of bearing and description and location of primary control points, or
monuments both found and set, and ties to such control points to which all dimensions, angles,
27
bearings and similar data on the plat shall be referred.
(12) 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.
(13) All dimensions necessary to establish the boundaries in the field.
(14) The name and right -of -way width of each proposed street (for major subdivision
only) and lot and block numbers with street addresses.
(15) Existing and proposed zoning on and adjacent to the property.
(16) Existing and proposed locations and dimensions of all improvements, including but not
limited to streets, landscaping and revegetation measures, trails, sidewalks, sewer and water
mains, sewer and water service lines, telephone, cable, electrical and gas utility lines, drainage
facilities and square footage of buildings, if applicable. (Note: The applicant must consult with
the appropriate utility service providers regarding the design of all utilities throughout the
subdivision.)
(17) Location for the placement and storage of trash receptacles /enclosures.
(18) Location, dimensions and proposed ownership of all property, if any, to be dedicated
for parks, playgrounds, schools, open space or other public uses.
(19) Location, function, ownership and manner of maintenance of any private open
space.
(20) The locations, dimensions and areas of all proposed or existing Tots.
(21) Location of all parking spaces and driveways (including the number of parking spaces
and their dimensions).
(22) Location of snow storage areas. It is required that a functional snow storage area be
provided which is equal to at least thirty-three percent (33 of the area to be cleared of snow.
(23) Number and types of units desired, including the maximum number of bedrooms and
the density per acre.
(24) The required front, rear and side yard setbacks (denoted by dashed lines).
(25) Location of all existing and proposed watercourses.
(26) All signatures in black, permanent ink.
(27) The following certificates are required on the final plat (see Appendix D to this Code for
signature block text and format):
a. Dedication and notary clause.
b. A certificate by the registered land surveyor as to the accuracy of the survey and
28
plat and that the survey was performed by him or her.
c. A certificate showing approval of the plat and acceptance of dedications and
easements by the Board of Trustees, with signature by the Mayor.
Sec. 17 -4 -30. Final plat; additional requirements for condominiums
townhomes and apartments.
In addition to the above requirements, any plat of a condominium townhome and /or
apartment development shall also contain the following information:
(1) The final plat shall include a note as follows: "Approval and recordation of the as-
built plat allows the sales of the subdivision to proceed." (Not applicable for apartments.)
(2)
(3)
(4)
(5)
(6)
(7)
No.
Identify each building and each of the units by letter or number.
Designate the maximum number of bedrooms in each unit.
Designate density per acre.
Identify common open space, if applicable.
Square footage of land occupied by buildings and percentage to entire acreage.
Square footage of parking and driveways and percentage to entire acreage.
Square footage of open space and percentage to entire acreage.
The words and blanks: "Condominium/ Townhome Declarations recorded at Reception
Grand County Records." (Not applicable for apartments.)
Sec. 17 -4 -40. Final plat review procedure.
(a) Preapplication conference /work session. An applicant may schedule a
preapplication conference /work session with Town staff regarding a proposed minor
subdivision prior to plat submission. The objective of the preapplication conference /work
session is to ensure that all new development is consistent with the Town's goals and that
issues are identified early in the development process. Topics to be discussed will include:
(1) Town regulations and standards;
(2) The application and review process;
(3) Submittal requirements; and
(4) Schedule.
(b) All required final plat submittal materials shall be filed with the Town Planner at least
forty -five (45) days prior to the Planning Commission meeting.
29
(c) Within fourteen (14) 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.
(d) Upon receipt of a complete application, a public hearing shall be scheduled at the next
available Planning Commission meeting for consideration of the application. Staff comments and
recommendations shall be forwarded to the applicant at least five (5) days prior to the public
hearing date.
(e) The applicant shall provide notice of the public hearing in the manner specified in
Subsections 17- 3 -20(d) and (e). Town staff shall cause notice of such public hearing to be
published in the manner specified in Subsection 17- 3- 20(f).
(f) No plat shall be deemed to have been submitted to the Planning Commission until the
foregoing notice and review requirements have been completed and /or satisfied. The Planning
Commission shall consider the application at a public hearing and either recommend approval or
approval 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 -day period
shall constitute approval of the application; provided, however, that the applicant or his or her
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.
(g) Within thirty (30) days from the Planning Commission public hearing, the Board of Trustees
shall review the application and either approve, approve with conditions or deny the application.
Upon the Board of Trustees' approval, the plat shall be recorded by the Town staff in the office of the
County Clerk and Recorder. All recording expenses shall be paid by the applicant.
(h) Prior to execution of the final plat, the applicant shall provide the Town with the following:
(1) Proof of filing the applicable articles of incorporation with the Secretary of State, if
applicable, and the executed originals of all legal documents.
(2) Final executed subdivision improvements agreement, required exhibits and the required
collateral pursuant to Article 6 of this Chapter, if applicable.
(3) Final plat Mylar.
(4) A black line Mylar for the purpose of incorporating the data into a 911 emergency system.
The Mylar shall be fourteen (14) inches by eighteen (18) inches 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 fourteen- inch -by-
eighteeninch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf format as specified
below.
(5) Prior to recording the final plat, electronic media shall be provided in AutoCAD.dwg or
AutoCAD.dxf format, which contains thc physical f atures of thc development. The drawing
shall be rcfcrcnccd to a known coordinate cystcm. A Projcction (P
If not, includc a text file with all thc parameters describing the datum, proje
30
available from the
BLM at www.BLM.gov /GCDB. The drawing shall include either a data dictionary to explain the
layers, or a self explanatory layering system. (Ord. 322 12 3 /I, 2006)
(6) A digital file of the approved final plat. This digital file will be used for
updating and maintaining information in the Town's Geographic Information System
(GIS). The digital file shall be in a format acceptable to the Town's System. Specific
requirements for digital submittal can be obtained from the Town's Planning Department.
Sec. 17 -4 -50. As -built plat.
(a) After the final plat has been approved and prior to the transfer of property, the applicant of a
condominium and /or townhome development is required to have an as -built plat approved by the
Town. An as -built plat is an amended final plat that shows exact locations of all public and private
improvements on a development site. For condominiums, as -built plats shall also include
horizontal and vertical layouts of the airspaces.
(b) The as -built plat shall contain the same information as the approved final plat, with the
following changes:
(1) Title:
As -Built Plat
Minor Subdivision -Final Plat Amendment
Subdivision Name
Prior Reception Numbers
Legal Description
Town of Fraser,
Grand County, Colorado
(2) For condominiums, as -built plats shall also include horizontal and vertical layouts of the
air spaces. The second and remaining sheets shall contain:
a. 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.
b. 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) Prior to as -built plat approval, the applicant shall provide the following:
(1) As -built plat Mylar.
(2) A black line Mylar for the purpose of incorporating the data into a 911 emergency system.
The Mylar shall be fourteen (14) inches by eighteen (18) inches 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 fourteen- inch -by-
eighteen inch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf. format as
31
specified below.
{3) Prior to recording thc final plat, electronic media shall bc provided in AutoCAD.dwg or
AutoCAD.dxf format, which contains thc physical f aturcs of thc development. The drawing
shall bc referenced to a known coordinate system. A Projection (PRJ) file should be submitted.
If not, include a text file with all thc parameters describing thc datum, projection and
coordinate system used for the project. If thc survey is not produced using GPS, then the
322 §12 3 5, 2006)
t;4) 4) A digital file of the approved as -built plat. This digital file will be used for
updating and maintaining information in the Town's Geographic Information System
(GIS). The digital file shall be in a format acceptable to the Town's System. Specific
requirements for digital submittal can be obtained from the Town's Planning
Department.
Sec. 17 -4 -60. As -built plat review procedure.
(a) After the final plat has been approved and prior to the transfer or occupancy of property, the
applicant shall submit four (4) folded copies of the as -built plat and the applicable fee to the Town
Planner. The Town staff shall review the plat and check the development site within fourteen (14)
days of submission. If the Town staff is satisfied that all of the requirements of these regulations have
been met, the as -built plat shall be recorded by the Town staff in the office of the County Clerk and
Recorder. All recording expenses shall be paid by the applicant.
(b) 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 shall be adhered to.
(c) 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 County Clerk and Recorder. Approval and recording of
the as -built plat allows the sales of the subdivision to proceed.
Sec. 17 -5 -10. Purpose and scope.
Sec. 17 -5 -20. Sketch plan.
ARTICLE 5
Major Subdivisions
(a) The purpose of the major subdivision plat is to divide 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. 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.
(b) All major subdivisions must comply with all applicable subdivision design and improvements
standards in Articles 6 and 7 of this Chapter.
32
(a) General. A sketch plan shall be submitted prior to a preliminary plat submission for a major
subdivision. The sketch plan process is collaborative from the onset. The purpose of the sketch
plan is two -fold. First, it provides the Town the opportunity to describe the Town's vision to the
applicant. Second, it gives the applicant an opportunity to discuss his or her development plans,
explain how the plans will further the Town's vision and obtain input and direction from Town staff
early in the process. The objective is to ensure that all new development is consistent with the
community's goals and that issues are identified early in the development process. Topics to be
discussed will include:
(1) The applicant's goals for the property;
(2) The Town's visions and expectations;
(3) The character and quality of development the Town is seeking;
(4) Town regulations and standards;
(5) The application and review process;
(6) Submittal requirements; and
(7) Schedule.
(b) An application for a sketch plan shall be accompanied by the following information:
(1) A land use application form.
(2) The applicable fee as established by the Board of Trustees.
(3) General development information.
(4) Images (such as photographs, sketches and /or plans) which illustrate the project
intention.
(5) Copies of the sketch plan and associated submittal materials in a format and quantity as
specified by Town Staff.
(c) The sketch plan shall address the following:
(1) Context /vicinity map, which shows the proposed development in relation to the
surrounding area.
(2) Base map, which shows the site features (such as topography, watercourses, wetland
delineation, floodplain mapping, soils and /or geological conditions).
(3) North arrow, scale and date of preparation.
(4) Boundary of the proposed project.
(5) Existing and proposed zoning on and around the property.
(6) Approximate location, dimension and area of all proposed lots.
33
(7) Existing and proposed streets.
(8) Topography, including all slopes over thirty percent (30 and grading.
(9) Base flood elevations and floodways.
(1 0) Approximate building shape and location.
(11) Existing and proposed land and building uses for the properties.
(12) Parking, loading, service areas and snow storage areas.
(13) Existing water and sewer lines and stormwater drainage systems and proposed
connections.
(14) Conceptual landscape plan.
(15) Approximate location, dimensions and area of all parcels of land proposed to be set
aside for open space /trail networks, parks and schools.
(16)Acreage of property.
(17) Proposed number of residential dwelling units and commercial square footage.
(18) Land use table. The table shall include: land uses, approximate acreage of each land
use and percentage of each land use, total acreage and square footage of property, total
numbers of Tots and maximum number of each type of dwelling unit proposed.
(19) Relevant site characteristics and environmental analyses applicable to the proposed
subdivision concerning watercourses, wetland delineation, floodplain mapping, and soils and /or
geological conditions presenting hazards or requiring special permits.
(d) Within thirty (30) days of submittal, the Town staff shall provide preliminary comments to
the applicant regarding the proposed development. The applicant may opt to present the sketch
plan to the Planning Commission for preliminary feedback. (Ord. 322 12 -4 -2, 2006)
Sec. 17 -5 -30. Preliminary plat.
(a) General. An approved preliminary plat shall be required for all major subdivisions within the
Town prior to approval of a final plat.
(b) An application for a preliminary plat shall be accompanied by the following:
(1) A land use application form.
(2) The applicable fee as established by the Board of Trustees.
(3) A title commitment (two [2] copies) must be current and dated no more than thirty (30)
days from the date of application submittal.
(4) Proposed water and sewer service facilities and the stormwater drainage and
management systems, and proposed connection with existing systems.
(5) Proposed access if the property does not have direct contiguous access to a public
34
street.
(6) If any liens will exist upon the subdivided property at the time of plat approval, the lien
holders shall join in the execution of the declaration and final plat.
(7) Preliminary environmental studies (wetland delineation, floodplain mapping,
construction feasibility, etc)
(8) A preliminary geotechnical report.
Refer to Chapter 14 of the
Municipal Code Minimum Design Criteria and Construction Standards.
A preliminary drainage report. Refer to Article 7 of this Article and Thc Town of
Refer to Chapter 14 of
the Municipal Code Minimum Design Criteria and Construction Standards.
(10) A preliminary grading plan. Pleacc rcfcr to Thc Town of Frascr Minimum Dcs,ign
Refer to Chapter 14 of the Municipal Code
Minimum Design Criteria and Construction Standards.
(11) An erosion and sediment control and revegetation plan. Rcfcr to The Town of Frascr
Refer to Chapter 14 of the
Municipal Code Minimum Design Criteria and Construction Standards
(12) A Traffic Impact Analysis (TIA) and /or Traffic Impact Study (TIS) may be required by
the Town.
Refer to Chapter 14 of the Municipal Code Minimum Design
Criteria and Construction Standards.
(13) General development information. Provide a written description addressing how the
proposed development conforms to the Municipal Code (including development and design
standards, zoning regulations and the subdivision regulations) and Comprehensive Plan:
a. The applicant's goals and vision for the project.
b. How the proposed subdivision will be connected to and integrated with the
surrounding natural and developed areas.
c. How the project will impact neighboring properties (i.e., water drainage, traffic
circulation, trails, environmental impacts and view corridors).
d. How the design is cost effective and environmentally responsive to site features and
constraints and how potential impacts to natural systems will be mitigated.
e. How the proposal promotes the efficient use of land and public streets, utilities
and governmental services.
(14) Images (such as photographs, sketches and /or plans) which illustrate the project
intention. For example, the applicant might bring pictures of:
a. Important architectural elements and styles.
35
b. Ideas for landscaping features, such as Xeriscape.
c. Streetscape components which contribute to the project's character.
d. Examples of signs that promote the development's identity.
e. Photographs of the site.
f. Anything else that illustrates what the applicant is trying to create.
(15) Any other reports and information deemed necessary by the Town.
(16) Copies of the preliminary plat and associated submittal materials in a format and
quantity as specified by Town staff.
(a) 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 Article 4
of this Chapter, and the following title change needs to be incorporated:
Title:
Major Subdivision Preliminary Plat
Subdivision Name
Prior Reception Numbers
Legal Description
Town of Fraser,
Grand County, Colorado
Sec. 17 -5 -40. Preliminary plat; additional requirements for condominiums, and
townhomes and apartments.
In addition to the requirements mentioned above, any plat of a condominium and townhome
and /or apartment development shall also contain the following:
(1) The final plat shall include a note as follows: "Approval and recordation of the as -built
plat allows the sales of the subdivision to proceed." (Not applicable for apartments.)
(2) Identify each building and each of the units by letter or number.
(3) Designate the maximum number of bedrooms in each unit.
(4) Designate density per acre.
(5) Identify common open space, if applicable.
(6) Square footage of land occupied by buildings and percentage to entire acreage.
(7) Square footage of parking and driveways and percentage to entire acreage.
(8) Square footage of open space and percentage to entire acreage.
(9) The words and blanks: "Condominium/ Townhome Declarations recorded at Reception
No.
36
Grand County Records." (Not applicable for apartments.)
Sec. 17 -5 -50. Preliminary plat review procedure.
(a) 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.
(b) Within fourteen (14) 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
scheduled for a meeting until a complete application has been filed with the Town Planner.
(c) Upon receipt of a complete application, a public hearing shall be scheduled at the next
available Planning Commission meeting for consideration of the application. The applicant shall
meet with the Town Planner to coordinate referral agency mailings. Staff comments and
recommendations shall be forwarded to the applicant at least five (5) days prior to the public
hearing date.
(d) Thirty (30) days prior to the scheduled public hearing, the applicant shall refer the
preliminary plat application to the following departments and agencies for their comments, unless
the Town Planner finds that the application is not related to the issues addressed by a particular
entity listed. The applicant shall be required to provide one (1) reduced plat copy (11" x 17
unless otherwise noted below, of the preliminary plat application and a letter advising the agency
when the public hearing has been scheduled, including a statement that all written comments
about the proposed development must be received by the Planning Department fourteen (14) days
prior to the scheduled public hearing date (see Planning Department for sample letter and address
labels). The applicant shall provide the Town with a written affidavit prior to the time of the public
hearing reflecting the date of mailings and the agencies and addresses of all parties to whom the
preliminary plat application was transmitted, together with a complete copy of the materials
included in the packet. Failure to properly mail the proposed application and /or provide the
required affidavit shall be grounds for denial of the preliminary plat or for a continuance of the
public hearing.
The water provider (24" x 36" plat).
The wastewater provider (24" x 36 "plat). The
fire protection provider (24" x 36" plat).
The police department.
The gas provider.
The telephone provider.
The cable television provider.
The electric provider.
The school district.
The Colorado Division of Wildlife (CDOW), if the proposed development is located within a
37
wildlife migration route as determined by CDOW.
The County Planning Department, if the proposed development is located within an urban
growth boundary.
The U.S. Army Corps of Engineers, if wetlands may be an issue.
The Colorado Department of Transportation, if U.S. 40 access is contemplated.
The Colorado Water Conservation Board, if the proposed development contains at least fifty
(50) lots or five (5) acres (whichever is less) and base flood elevation data is required.
The United States Forest Service, if development abuts national forest land.
Any other department and /or agency as deemed necessary by the Town (see Planning
Department for sample letter and address labels).
(e) In accordance with Section 31 -23 -225, C.R.S., when a subdivision, commercial or industrial
activity is proposed which will cover five (5) or more acres of land, the following entities shall also
be notified:
(1) The State Geologist.
(2) The Board of County Commissioners.
(f) The applicant shall provide notice of the public hearing in the manner specified in
Subsections 17- 3 -20(d) and (e) of this Chapter. The Town staff shall cause notice of such public
hearing to be published in the manner specified in Subsection 17 -3 -20(0 of this Chapter.
(g) No plat shall be submitted to the Planning Commission until the foregoing notice and review
requirements have been completed and /or satisfied. The Planning Commission shall consider the
application at a public hearing and either recommend approval or approval 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 -day period shall constitute approval of the
application; provided, however, that the applicant or his or her 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.
(h) The Planning Commission may, at its discretion, require that the preliminary plat be
reviewed by the Board of Trustees; 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 of Trustees. The Board of Trustees shall review the
preliminary plat within thirty (30) days from the Planning Commission's action. The Board of
Trustees may approve, approve with conditions or deny the preliminary plat application.
(i) A preliminary plat shall be effective for a period of one (1) year from the date of Planning
Commission action. At the end of the one -year period, 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 eighty (180) days.
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(j) Preliminary plat approval shall constitute authorization to proceed with an application for
final plat approval in accordance with the representations made by the applicant 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.
(k) At any time after preliminary plat approval and before submission of a final plat, the
applicant may request an amendment to the preliminary plat. If the amendment is determined by
Town staff to be substantially consistent with the approved preliminary plat, the applicant may
proceed to final plat application. Substantial deviation from the approved preliminary plat may
require a new preliminary plat application and review process at the discretion of the Town staff.
(Ord. 322 12 -4-5, 2006)
Sec. 17 -5 -60. Final plat.
(a) General. An approved final plat shall be required for all major 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 of Trustees 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) year from the
date of Planning Commission action, unless the preliminary plat expiration date had been extended
by the Planning 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.
(b) An application for a final plat shall be accompanied by the following information:
(1) A land use application form.
(2) The application fee as established by the Board of Trustees.
(3) A title commitment (two [2] copies) must be current and dated no more than thirty
(30) days from the date of application submittal.
(4) Written proof of water and sewer service, the location of any proposed connection with
existing systems and engineering drawings (if applicable).
(5) Letters of support and commitment to serve. Letters to serve signed by a representative
of each utility provider for the electric, gas, cable television and telephone companies, etc.
(6) Engineering drawings of streets. Refer to Chapter 14 of the Municipal Code
Minimum Design Criteria and Construction Standards Rcfcr to The Town of Frascr Strcct
and Roadway for the
drawing requirements, minimum design and technical criteria for the construction of roads,
trails, sidewalks, bridges, drainage utilities and associated infrastructure within the Town. The
engineering drawings shall be prepared by a Professional Engineer, licensed in the State
of Colorado.
(7) Written proof of legal access if the property does not have direct contiguous access to a
public and /or private street.
(8) Draft subdivision improvements agreement.
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(9) Two (2) copies of the proposed restrictive covenants, condominium or townhome
declaration, articles of incorporation and bylaws of any homeowner's association and deed of
conveyance to the association for common elements, if applicable. Proof of filing the articles of
incorporation and the executed originals of such documents shall be submitted prior to
recording the plat.
(10) If any liens will exist upon the subdivided property at the time of plat approval and /or
execution of the plat, the lienholders shall join in the execution of the declaration and plat.
(11) Final environmental studies (wetland delineation, floodplain mapping, geotechnical
report, construction feasibility, etc.).
(12) A final drainage report shall be prepared by a Professional Engineer, licensed by the
State of Colorado r engineer according to generally accepted storm drainage practices
and the Town policies. Refer to Article 7 of this Article and Chapter 14 of the Municipal Code for
Design Criteria and Construction Standards.
II NA'
(13) 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 cite
f tures and estimated amounts of cut and fill, and shall depict existing and propoccd contours,
using a contour interval of one (1) foot. Refer to Chapter 14 of the Municipal Code Minimum
Design Criteria and Construction Standards.
(14) A final erosion and sediment control and revegetation plan. Refer to
Chapter 14 of the Municipal Code Minimum Design Criteria and Construction
Standards.
(15) A landscaping plan /revegetation p lan Refer to Article 7 of this Article.
(16) A Traffic Impact Analysis (TIA) and /or Traffic Impact Study (TIS) may be required by
the Town. Refer -to
Refer to Chapter 14 of the Municipal Code Minimum Design
Criteria and Construction Standards.
(16) General development information. Provide a written description addressing how the
proposed development conforms to the Municipal Code (including development and design
standards, zoning regulations and the subdivision regulations) and Comprehensive Plan.
{17) Exterior lighting scheme
Refer to
Article 7 of this Article.
(18) Estimated time schedule for development.
(19) Any other special reports and /or information deemed necessary by the Town.
(20) Copies of the final plat and associated submittal materials in a format and quantity as
specified by Town staff.
40
(c) The final plat shall contain the following information and shall conform to the same plat
specifications as those required for a minor subdivision final plat in Article 4 of this Chapter,
except that the following title change needs to be incorporated:
Title:
Major Subdivision Final Plat
Subdivision Name
Prior Reception Numbers
Legal Description
Town of Fraser,
Grand County, Colorado
Sec. 17 -5 -70. Final plat; additional requirements for condominiums and
townhomes and apartments.
In addition to the requirements mentioned above, any final plat of a condominium, and
townhome and /or apartment development shall also contain the following:
(1) The final plat shall include a note as follows: "Approval and recordation of the as -built
plat allows the sales of the subdivision to proceed." (Not applicable for apartments.)
(2) Identify each building, and each of the units by letter or number.
(3) Designate the maximum number of bedrooms in each unit.
(4) Designate density per acre.
(5) Identify common open space, if applicable.
(5) Square footage of land occupied by buildings and percentage to entire acreage.
(6) Square footage of parking and driveways and percentage to entire acreage.
(7) Square footage of open space and percentage to entire acreage.
(8) The words and blanks: "Condominium/ Townhome Declarations recorded at Reception
No.
Grand County Records" (not applicable for apartments). (Ord. 322 12 -4 -7, 2006)
Sec. 17 -5 -80. Final plat review procedure.
(a) 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.
(b) Within fourteen (14) 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.
41
(c) Upon receipt of a complete application, a public hearing shall be scheduled at the next
available Planning Commission meeting for consideration of the application. Staff comments and
recommendations shall be forwarded to the applicant at least five (5) days prior to the public
hearing date.
(d) The Town Planner shall transmit copies of the final plat application to those departments and
agencies to which distribution of the preliminary plat was made, if additional comment is deemed
necessary due to the greater detail being provided or substantial modifications to the development
proposal. Each referral department or agency shall be notified of the date of the public hearing. The
applicant shall be required to provide one (1) copy of the final plat application for each entity. The
mailing cost shall be paid by the applicant. The Town Planner shall instruct each of the
departments and agencies that all comments must be submitted to the Planning Department
fourteen (14) days prior to the scheduled public hearing date, or the final plat application, as
proposed by the applicant, shall be deemed to have been approved by the referral department or
agency.
(e) 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 Section 31 -23 -215, C.R.S.
(f) The 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
applicant.
(g) No plat shall be deemed to have been submitted to the Planning Commission until the
foregoing 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 -day period shall
constitute approval of the application; provided, however, that the applicant or his or her
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 of Trustees.
(h) Within thirty (30) days from the Planning Commission's recommendation for approval or
approval with conditions, the Board of Trustees shall review the application and either approve,
approve with conditions or deny the application. Upon the Board of Trustees' approval, the plat
shall be recorded by the Town staff in the office of the County Clerk and Recorder.
(i) Prior to execution of the final plat, the applicant shall provide the Town with the following:
(1) Proof of filing the applicable articles of incorporation with the Secretary of State and the
executed originals of all legal documents.
(2) Final executed subdivision improvements agreement, required exhibits and the required
collateral pursuant to Article 6 of this Chapter.
42
(3) Final plat Mylar.
(4) A black line Mylar for the purpose of incorporating the data into a 911 emergency
system. The Mylar shall be fourteen (14) inches by eighteen (18) inches 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 fourteen
inch-by- eighteen inch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf format as
specified below.
{1) (5) Prior to recording thc final plat, electronic media shall bc provided in
development. The drawing shall bc referenced to a known coordinate system. A Projection
(PRJ) file should be submitted. If not, include a text file with all thc parameters describing the
datum, projection and coordinate system used for the project. If the survey is not produced
NAD 83 datum. The GCDB is available from the BLM at www.BLM.qov /GCDB. The drawing
5) A digital file of the approved final plat. This digital file will be
used for updating and maintaining information in the Town's Geographic Information
System (GIS). The digital file shall be in a format acceptable to the Town's System.
Specific requirements for digital submittal can be obtained from the Town's Planning
Department.
Sec. 17 -5 -90. As -built plat.
(a) After the final plat has been approved and prior to the transfer of property, the applicant of a
condominium and /or townhome development is required to have an as -built plat approved by the
Town. As as -built plat is an amended final plat that shows exact locations of all public and private
improvements on a development site. For condominiums, as -built plats shall also include
horizontal and vertical layouts of the airspaces.
(b) The as -built plat shall contain the same information as the approved final plat with the
following changes:
(1) Title:
As -Built Plat
Major Subdivision Final Plat Amendment
Subdivision Name
Legal Description
Prior Reception Numbers
Town of Fraser,
Grand County, Colorado
(2) For condominiums, as -built plats shall also include horizontal and vertical
layouts of the air spaces. The second and remaining sheets shall contain:
a. 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
43
declarations.
b. 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) Prior to the execution of the as -built plat, the applicant shall provide the Town with
the following:
(1) As -built plat Mylar.
(2) A black line Mylar for the purpose of incorporating the data into a 911 emergency system.
The Mylar shall be fourteen (14) inches by eighteen (18) inches 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 fourteen- inch -by- eighteen
inch Mylar shall also be submitted in AutoCAD.dwg or AutoCAD.dxf format as specified below.
(5) Prior to recording thc final plat, electronic media shall be provided in AutoCAD.dwg or
shall bc referenced to a known coordinate system. A Projection (PRJ) file should be submitted.
If not, include a text file with all the parameters describing thc datum, projection and coordinate
system used for the project. If thc survey is not produced using GPS, then the Geographic
Control Data Base should bc used to obtain PLSS data in NAD 83 datum. The GCDB is
available from thc BLM at www.BLM.gov /GCDB. The drawing shall include either a data
3) A digital file of the approved as -built plat. This digital file will be used for updating
and maintaining information in the Town's Geographic Information System (GIS). The
digital file shall be in a format acceptable to the Town's System. Specific requirements
for digital submittal can be obtained from the Town's Planning Department.
Sec. 17 -5 -100. As -built plat review procedure.
(a) After the final plat has been approved and prior to the transfer or occupancy of property, the
applicant shall submit four (4) folded copies of the as -built plat and the applicable fee to the Town
Planner. The Town staff shall review the plat and check the development site within fourteen (14)
days of submission. If the Town staff is satisfied that all of the requirements of these regulations
have been met, the as -built plat shall be recorded by the Town staff in the office of the County Clerk
and Recorder.
(b) 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
17 -5 -80 above shall be adhered to.
(c) 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 County Clerk and Recorder. Approval and recording
of the as -built plat allows the sales of the subdivision to proceed.
Section 17 -5 -110. Phased Development Review Process.
(a) The applicant may request approval of a final plat phasing plan for a tract of
land. The final plat phasing plan should include the date by which the
applicant needs to record final plats for the entire tract, the dates by which
44
infrastructure will be extended to the boundaries of the entire tract, and the
approximate number of the proposed final plats and the general location of
each phase. A Subdivision Improvement Agreement (SIA) shall be required
prior to the recordation of each final plat. The SIA required improvements
and collateral associated with those improvements shall be subject to Town
Engineer and Attorney approval prior to execution and the schedule for
completion of said improvements shall be within one (1) year of execution of
the SIA. Any final plat not executed and recorded within five (5) years of
approval of the final plat shall expire unless an extension is approved by the
Town Board.
(b) The process for a Phased Development Review Process is the same as the
process for a minor or major subdivision depending on the number of
phases.
(c) The Planning Commission and Board of Trustees can approve the final plat
phasing plan if they find that the approval will not impede the orderly growth
of public services and infrastructure necessary to efficiently serve the tract.
(d) The Town may condition a phasing plan on the submission of an agreement
to dedicate easements or rights -of -way.
ARTICLE 6
Assurance for Completion and Maintenance of Improvements
Sec. 17- 6- 10.Subdivision and Development Improvement Agreement.
(a) Purpose. The applicant shall be required to complete all public and private required
improvements as specified in these regulations and as provided on the final plat and all
supplemental plans and documents, including construction drawings and specifications,
approved by the Town (the "Final Plat Documents As a condition of approval of any plat or
development permit, the applicant and the Town shall agree on the type, location and extent of
all required 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 or permit. All required improvements shall be
constructed at the applicant's expense, in accordance according to the specifications of the
Town with
Chapter 14 of the Municipal Code Minimum Design Criteria and Construction
Standards.
The Subdivision Improvement Agreement (SIA) or- Develepment
is a written contract between the Town and the applicant
providing for construction of the required improvements, with collateral security to guarantee
completion of such improvements as provided in these regulations. No subdivision plat shall be
signed by the Town or recorded in the office of the Grand County Clerk and Recorder and no
building permit shall be issued for any subdivision or development with required improvements,
(b) Agreement required.
1
45
until an agreement between the Town and the applicant has been executed. Such agreement
shall include a description of required on -site and off -site improvements, an estimate of the
cost of such improvements, the form of guarantee for the improvements and any other
provisions or conditions deemed necessary by the Board of Trustees to ensure that all
improvements will be completed in a timely, quality and cost effective manner. The agreement
shall be recorded in the office of the Grand County Clerk and Recorder and shall run with the
land and bind all successors, heirs and assignees of the applicant. Other agreements or
contracts setting forth the plan, method and parties responsible for the construction of any
required improvements may also be required.
(c) Costs of improvements. All required improvements shall be constructed by the
applicant, at his or her expense, without reimbursement by the Town provided that the Board of
Trustees may, upon application and at its direction, approve the creation of a special district or
improvement district under state law to construct and /or finance the construction of required
improvements. If the applicant does form or cause to be formed a special district or
improvement district for the purposes identified in this Subsection, the Town shall not release
the applicant from his or her obligations under any subdivision improvements agreement. nor
shall the Town rcl acc any collatcral until thc special district has sold bonds or othcrwicc
maintain and warrant the quality of thc required improvcmcnts.
(d) Collateral Security /Performance Guarantee required.
(1) Suitable collateral to ensure the completion of required improvements, as stipulated in
the subdivision improvement agreement, shall accompany the final plat submission. The
collateral shall be no Tess than one hundred twenty -five percent (125 of the estimated
costs of all subdivision improvements. The collateral shall be in the form of a letter of credit,
cash deposit or other such legal assurance as may be deemed appropriate by thc Town and
approved by the Town Attorney Board. After Preliminary Acceptance, and with approval
of the Board of Trustess, the Performance Guarantee may be reduced to an amount
not less than twenty percent (20 of the initial Performance Guarantee to guarantee
performance during the warranty period. A corporate surety warranty bond in that
amount may be substituted as the Peformance Guarantee for the warranty period,
provided that the applicant also provides a cash deposit in the amount of $5000.00 or
10% of the amount of the warranty bond, whichever is greater, as additional security to
the Town.
(2) No collateral drawn upon a company, bank or financial institution having any
relationship to the applicant or any principal, director, officer or shareholder of the applicant
(other than the relationship of depositor or checking account holder) shall be acceptable.
The Town may reject any security for any reason.
(3) If collateral is provided in the form of a letter of credit or deposit arrangement that
includes an expiration date, the applicant shall provide evidence of extension of such
expiration or replacement of equivalent collateral in a form acceptable to the Town. Failure
to provide proof of such extension or replacement collateral no later than fourteen (1 4) thirty
(30) days prior to the date of expiration shall be cause for the Town Manager or his or her
designee, to draw on the collateral funds without the necessity of any notice of default or
other notice to the applicant. Performance Guarantee. Funds withdrawn in this manner
may be expended by the Town as necessary to correct, repair and /or construct the required
improvements or may be released upon provision of replacement collateral in a format
acceptable to the Town.
46
(e) Types of improvements. An improvement agreement shall address the following
types of improvements cnts shall be
reguired unless waived by the Board of Trustcca:Town:
(1) Public streets and roadway systems and associated lighting, signage, striping
and other devices, Roads, streets, bridges and structures, curbs, gutters, valley pans and
street drainage.sidcwalks and trails.
(2) Potable water production, treatment and distribution systems.
(3) Sanitary sewer collection system.
(2) Public utilities and services. Water, firehydrants, sewer.
(3) Public and private drainage. Stormwater detention and water quality facilities,
drainage ditches, flood prevention and flood mitigation improvements. Storm sewers
and /or storm drainage systems.
(5) Utility collection and distribution systems for public parks and open space.
(7) Acquisition, construction and installation of street signs at all intersections and
along roadways.
(8) Strcct lights.
(9) Permanent referencc monuments and monument boxes.
(10)
(11) Landscaping.
(5) Public pedestrian facilities. Sidewalks, trails and associated lighting.
(12) Erosion control devices.
(6) Public and private revegetation, erosion control devices and landscaping.
(7) Public recreation facilities. ape-n-s-paGe, parks and rccr ation ar as.
school buildings, fire stations, police stations, public works facilities, open space and park
and recr ation ar as.
required to carry out thc purposes of thc project.
(18) Undcrdrains.
47
(19) Necc ^vary floodway improvements.
(20)
(8) Any other Additional private improvements may be included in an improvement
agreement at the discretion of the Town if said improvements are necessary for
efficient and orderly development and where the community may be negatively
impacted if the improvement is not completed in a timely manner. improvements
deemed neccc ary by the Board of Trustees.
(f) Time for completion. The time allowed for the completion of required
improvements shall be as provided in the SIA; or if no time for completion is specified in
the SIA for some or all required improvements, such improvements shall be completed
within two (2) years from the recording date of the final plat or issuance of the
development permit, whichever is applicable. The Board of Trustees may extend such time
for completion upon request from the applicant, for good cause shown.
(g) Construction standards and Progress Inspections. The required improvements shall be
constructed in a good and workmanlike manner, strictly in accordance with the Final Plat
Documents and, to the extent not otherwise provided in such Final Plat Documents, in
accordance with all applicable laws, ordinances, codes, regulations and minimum design
criteria and construction standards applicable in the Town. There shall be no changes made
in the approved Final Plat Documents, including construction drawings and specifications,
without the prior written approval of the Town. Periodic inspections may be made by the Town
staff or designated consultants during the progress of the work to confirm that the required
improvements are being constructed in compliance with such requirements. The applicant
shall pay for these periodic inspections if said inspections are conducted by someone
other than Town employees. Such inspections may be conducted in a manner, in such areas
and at such times, whether scheduled or unannounced, as deemed appropriate by the Town
staff or consultants. Such inspections shall not relieve the applicant of the responsibility for
ensuring that the required improvements are constructed in accordance with the standards set
forth herein, nor shall it relieve the applicant of the applicant's warranty obligations as provided
in these regulations. The applicant shall maintain, in a reasonable, suitable and proper condition
for travel, ingress and egress, all streets located within the subdivision until such time as the
streets are accepted for maintenance by the Town, if ever.or until any such private streets
are accepted for maintenance by the homeowners association or other responsible
person or entity approved by the Town.
(h) Phased Inspections and Acceptance of Improvements. Construction Phasing.
Inspection and preliminary acceptance of a portion of the required improvements in one (1) or
more phases of construction shall occur only if specifically provided for in the subdivision
improvement agreement, or as determined appropriate by Town staff, at its discretion.
Otherwise, all required improvements shall be completed before preliminary acceptance will be
granted. Any proposed phasing must be logically related to the project as a whole and allow for
the efficient integration of the phased required improvements into the Town's infrastructure.
Town staff may require adjustments in previously approved phasing schedules when deemed
necessary to accommodate changed conditions or unforeseen circumstances.
(i) Preliminary Acceptance: Notice and Documentation.
48
(1) Upon completion of all required improvements or an approved phase of required
improvements, the applicant shall notify Fraser in writing and request an inspection of the
completed Improvements. Prior to the inspection, the applicant Town staff that tho
improvements arc rcody for preliminary acccptancc and shall provide to the Town three (3)
complete Qets of the
following documentation:
a. Adequate assurance by a registered engineer, licensed in the State of Colorado,
that the required improvements have been constructed and completed in accordance with
the approved plans and specifications;
b. "As- built" drawings for the required improvements, in accordance with applicable
Town construction standards;
c. All test reports and logs required by the plans and construction drawings and
applicable regulations and construction standards; and
d. An original affidavit or affidavits identifying all contractors, subcontractors and
materialmen who supplied labor or materials for the improvements and verifying that all
have been fully paid, together with a lien waiver from each such contractor, subcontractor
and material supplier acknowledging payment and waiver of any lien rights for all work
completed prior to the date inspection and preliminary acceptance is requested,
subject to any retainage withheld from the contractor or supplier during the
warranty period pending final acceptance.
(2) If any required improvements that arc dosigncd or intended to be public
improvements havc not previously bccn dcdicatcd on the final plat of the subdivision, such
improvements shall be conveycd to thc Town, or other appropriate cntity, by general
warranty decd (if r al estate) or by bill of sale with full warranty of title (if personal property),
estate not dcdicatcd on thc final plat, thc applicant shall providc a policy of title insurance, in
that thc Town or othcr cntity is or will be the owner of such improvcmcnts frcc and cl or of
any and all liens, encumbrances and restrictions.
(2) Inspection and Preliminary Acceptance. Upon satisfaction of requirements
referred to in Paragraphs (1) and (2) above, and subject to satisfaction of any additional
requirements provided for in these regulations or the subdivision improvement agreement,
the Town staff or designated consultant(s) shall inspect the required completed
improvements and shall, within thirty (30) days ten (10) business days of the applicant
requesting said inspection. If the Town's staff or designated consultant(s) finds that
the specified improvements have been completed substantially in accordance with the
Plans and other requirements of the SIA and the Subdivision Regulations, the Town
staff shall issue a letter evidencing Preliminary Acceptance within ten (10) business
days after the inspection date following thc inspection, notify the applicant in writing of
nonacceptance or preliminary acccptancc of thc required improvcmcnts. If thc required
improvcmcnts arc not accepted, tho r axons for nonacceptance shall be stated. 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.
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If, upon inspection of the completed improvements, the Town staff or designated
consultant(s) finds that any of the improvements have not been completed
substantially in accordance with the Plans and other requirements of the SIA and the
Subdivision Regulations, the Town staff or designated consultant(s) shall issue a
written Notice of Deficiencies within ten (10) business days after the inspection
specifying which Improvements have not been completed substantially in accordance
with the Plans and other requirements of the SIA and the Subdivision Regulations. All
deficiencies must be corrected within ten (10) business days of the receipt of the
Notice of Deficiencies. Such ten (10) business day time limit may be extended by the
Town if the Town determines that such deficiencies cannot reasonably be remedied
within such thirty -day ten (10) business day period. The Subdivider shall then notify
Fraser in writing and request a follow -up inspection of the improvements and the
foregoing provisions of this Subsection (2) shall be applicable.
(3) Preliminary acceptance of all or any portion of the required improvements does not
constitute a waiver by the Town of the right to draw on the collateral security to remedy any
defect in or failure of the required improvements that is detected or which occurs after
acceptance of the required improvements, nor shall such acceptance operate to release the
applicant from the applicant's warranty as herein provided.
(4) Upon preliminary acceptance, the Town will assume responsibility for the operation
of all public water, sanitary sewer and storm water improvements, if applicable, and for
snow removal on accepted public streets. but thc applicant shall remain responciblc for all
othcr maintenance and rcpairm_pcnding final acceptance; At the Town's discretion, it may
elect not to plow any accepted street(s) until there is development on individual lots
that warrant access.
formal action by thc Board of Trustccs, after all required improvcmcnts have bccn completed,
inspected and certified for final acccptancc by Town staff. The Town shall not be rcquircd to
finally accept any of the rcquircd improvements until thc Board of Trustees determines that:
approved plans and specifications for thc rcquircd improvcmcnts and have been prcliminarily
accepted by thc Town;
(2) All warranty periods providcd in thcsc regulations and thc subdivision improvcmcnts
(3) All other applicablc requirements contained in these regulations, thc Town's design
and construction standards and thc subdivision improvements agreement have boon
satisfied.
(i) Warranty.
(1) Warranty. The applicant shall warrant that all required improvements shall remain
free from construction defects for a period of one (1) year from the date that the Town
preliminarily accepts the improvements as provided in these regulations and the subdivision
improvement agreement. During such one (1) year period, any construction defect
determined to exist with respect to such required improvements shall be repaired or the
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improvements replaced, at the Town's option, at the sole cost of the applicant. The Town
shall havc no maintcnancc or repair obligations with rccpect to thc rcquircd improvements,
improvements, if applicable, until all such rcquircd improvcmcnts havc bccn finally acccptcd
by thc Town in accordancc with these regulations and thc subdivision improvements
agreement,
(2) Notice of Default: Cure Period. Except as provided in Subsection (I) (3) with
respect to emergency repairs, If, during such warranty period, the Town determines that
any required improvcmcnt is dcfcctivc for any rc�son, the Town shall provide written notice
to the applicant if an inspection reveals that any improvement is defective. requiring thc
correction of thc defect, cxccpt that, in case of an emergency, the Town may undertake
The
applicant shall have thirty (30) ten (10) business days from the giving of such notice to
remedy the defect. Such th-i-rty-clay ten (10) business day time limit may be extended by the
Town if the Town determines that such defect cannot reasonably be remedied within such
thirty day en (10) business day period. In the event the applicant fails to remedy the defect
within the thirty day ten (10) business day period, or any extension thereof granted by the
Town, the Town may utilize the collateral security to correct the defect or exercise any other
remedy provided in the subdivision improvement agreement. No notice shall be required
with respect to emergency repairs except as provided in Subsection (i) (3).
(3) At thc end of thc warranty period and upon final acceptance of thc rcquircd
respect to thc acccptcd public improvcmcnts.
(3) Emergency Repairs. If at any time it appears that the improvements may be
significantly damaged or destroyed as a result of a bona fide emergency, an act of
god, or due to construction failure, the Town shall have the right, but not the duty, to
enter upon the Property and perform such repairs and take such other action as may
be reasonably required in the Town's judgment to protect and preserve the
improvements. The Town shall have no duty to inspect the Property to identify
emergency situations which may arise. Prior to or concurrent with, or immediately
following taking any action pursuant to emergency repairs, the Town shall make a
reasonable effort to locate the Applicant and advise him or her of the existence and
nature of the emergency. Upon written demand, the Applicant shall reimburse the
Town for the costs of such emergency repairs. Failure of the Applicant to reimburse
the Town for the costs of such emergency repairs within fifteen (15) days after demand
shall constitute a default under the Subdivision Improvement Agreement.
(4) Final Inspection. Approximately sixty (60) days prior to the expiration of the
warranty period, Fraser shall notify the Applicant in writing and schedule a final
inspection/walk through.
(k) Final Acceptance /Town Approval. Final acceptance of the required improvements by
the Town requires formal action by the Board of Trustees, after all required improvements have
been completed, inspected and certified for final acceptance by Town staff. Final release of
the Performance Guarantee requires additional formal action by the Fraser Board of
Trustees. The Town shall not be required to finally accept any of the required improvements
until the Board of Trustees determines that:
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(1) All required improvements have been satisfactorily completed in accordance with the
approved plans and specifications e and have been preliminarily
accepted by the Town;
(2) All warranty periods provided for in these regulations and the SIA have ended and
any defects found during inspection of the required improvements have been satisfactorily
remedied by the applicant;
(3) The applicant has submitted final "as- built" drawings for the required
improvements, in accordance with applicable Town construction standards;
(4) The applicant has provided and the Town has reviewed and approved any and
all conveyance documents required pursuant to these regulations and the subdivision
improvement agreement;
(5) The applicant has provided a final cost summary of the improvements;
(6) The applicant has provided any additional test reports and logs from warranty
work;
(7) The applicant has provided an original affidavit or affidavits identifying all
contractors, subcontractors and materialmen who supplied labor or materials for the
Improvements and verifying that all have been fully paid, together with an original
unconditional lien waiver from each such contractor, suncontractor and material
supplier acknowledging full payment and waiver of any and all lien rights. The final
twenty percent (20 of the initial Performance Guarantee shall not be released until
the Town receives said affidavits and unconditional lien waivers; and
L8j All other applicable requirements contained in these regulations, the Town's
design and construction standards and the subdivision improvement agreement have been
satisfied.
Acceptance for Maintenance. At the end of the warranty period(s), and upon final
acceptance of the Improvements as provided herein, the Town will assume all future
repair and maintenance responsibilities with respect to the accepted public
improvements, if any. The Town will not assume any responsibility for maintenance and
repair of required private improvements, and such responsibility shall remain with the
Applicant unless it is transferred to a homeowners association or other responsible
person or entity in accordance with the approved subdivision documentation.
(I) Release of Collateral Security /Performance Guarantee; Request for Partial Release.
The applicant may make periodic requests for the partial release of the collateral in accordance
with the provisions of this Subsection. All such requests shall be in writing to the Board of
Trustees, shall be for a reduction of at least twenty percent (20 of the total original
Performance Guarantee shall correspond with a portion of the required
improvements that have been substantially constructed or installed in accordance with these
regulations and the subdivision improvement agreement.
invoice for thc portion of thc work reflected in thc request. No more than one (1) request for a
partial release of the Performance Guarantee collateral may be submitted each month. No
reduction of the Performance Guarantee shall be allowed which would reduce the amount of
collateral to less than one hundred twenty -five percent (125 of the estimated cost of any
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remaining or incomplete improvements; and the final twenty percent (20 of the initial
Performance Guarantee collateral (which may be in the form of a warranty bond and cash
deposit, as provided in subsection (d) (1) above) amount may not be released until all of the
required improvements have been preliminarily accepted, the one (1) year warranty period has
run, thc improvements arc finally accepted by thc Town the applicant has complied with all
requirements specified in the Subdivision Regulations and the Subdivision Improvement
Agreement and the improvements are finally accepted by the Town. There shall be no
reduction in the amount of the Performance Guarantee collateral sccurity if thc applicant if
applicant is in default under the Subdivision Improvement Agreement.
(m) Town use of collateral Performance Guarantee. Except as otherwise provided in the
subdivision improvement agreement, the Town may draw upon and utilize the collateral security
to pay for the construction, completion or correction of the required improvements or to restore
and revegetate the site in the event the applicant fails to timely perform the obligations provided
in this Section or is otherwise in default under the terms of the subdivision improvement
agreement. Application of the collateral 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 required improvements.
(n) Conveyance of Improvements Other Than By Dedication on Plat. As to any of the
improvements which have not previously been dedicated on the final plat of the
Subdivision, such improvements, if designed and intended as public improvements,
shall be conveyed to the Town, or other appropriate public entity, or if designed or
intended as private improvements, shall be conveyed to a homeowners association or
other responsible entity approved by the Town. Such conveyance shall be made prior to
final acceptance of the Improvements. Upon the determination of the Town's staff that
such Improvements have been satisfactorily completed and that acceptance of such
Improvements by the Town is proper and in accordance with the provisions herein,
conveyance shall be made by general warranty deed (if real estate) or bill of sale with full
warranty of title (if personal property), free and clear of all liens, encumbrances and
restrictions (except for permitted exceptions as provided in the SIA), and the specific
instrument of conveyance shall be acceptable as to form and substance by the Town
Attorney. Conveyances of fee title, easements or other real property interests shall be
accompanied by a policy of title insurance as required by the Town's regulations, if
applicable.
Sec. 17- 6- 20.Deferral or waiver of required Subdivision Improvements.
(a) At the time of final plat approval, the Board of Trustees may defer or waive, subject to
appropriate conditions, the provision of any or all subdivision improvements as, in its judgment,
are not required in the interests 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
provisions of any subdivision improvements must be specifically stated on public record,
including the reasons for the deferral or waiver.
(b) Whenever it is deemed necessary by the Board of Trustees to defer the construction of
any subdivision improvements required because of incompatible grades, future planning,
inadequate or nonexisting connecting facilities, or for other reasons, the applicant shall pay his
or her share of the costs of the future improvements to the Town prior to the Planning
Commission and Board of Trustees signing the final plat, or the applicant may execute a
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Subdivision Improvement Agreement secured by collateral guaranteeing completion of the
deferred subdivision improvements upon demand of the Town.
ARTICLE 7
Subdivision Design and Improvement Standards
Sec. 17 -7 -10. General.
Division 1
General Provisions and Compliance
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 distribution, sanitary sewer collection, wastewater
tr atmcnt facilities, stormwater 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.
Sec. 17 -7 -20. Conformance to applicable rules and regulations.
(a) In addition to the requirements established in these regulations, all subdivisions shall
comply with laws, rules and regulations identified in or by:
(1) State statutes;
(2) This Code, specifically including Chapter 14 and Chapter 16 the currently adopted
editions of the building, mechanical, plumbing, traffic and fire codes adopted by the Town, -Tie
user Water Utility Minimum Dcsign Criteria and Construction Standards, Thc Town of
Fraser Sanitary Sewer Minimum Dcsign Criteria and Construction Standards, Thc Town of
and all other
applicable rules and regulations of the Town;
(3) The Comprehensive Plan and Official Zoning Map; and
(4) The rules of any state and /or federal agencies having jurisdiction over certain
development aspects.
(b) 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.
Sec. 17 -7 -30. 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
County Clerk and Recorder.
Sec. 17 -7 -40. Plats straddling municipal boundaries.
Lot lines should be laid out so as not to cross municipal boundaries. Whenever access to a
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subdivision is required across land outside the Town boundaries, the Town shall require
assurance that access is legally established, 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.
Sec. 17 -7 -50. 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, C.R.S., prior to the execution of the final and /or
exemption plat.
Sec. 17 -7 -60. 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
development by reason of one hundred -year flooding frequency, high water table, mudflow,
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 may be
subdivided unless the natural hazards are mitigated in a manner acceptable to the Town.
Sec. 17 -7 -70. Floodplains.
Sec. 17 -7 -80. Stream setbacks.
Sec. 17 -7 -90. Wetlands.
Division 2
Special Site Considerations
Development is discouraged within the one hundred -year floodplain. All subdivision proposals
and other proposed developments which contain at least fifty (50) Tots or five (5) acres (whichever
is Tess) shall provide the Town with base flood elevation data per the Town'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 permit shall be obtained before construction begins within any area of
special flood hazard as set forth in Chapter 18, Article 4 of this Code.
A minimum thirty -foot setback from the high water mark on each side of Fraser River, Elk Creek,
Leland Creek and Saint Louis Creek shall be protected 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 may be permitted within this
setback at the discretion of the Town. A greater setback, up to one hundred fifty (150) feet, may be
required depending on environmental factors such as, but not limited to, soil permeability, the
potential for erosion and sedimentation, existing vegetation cover slope, intensity of adjacent land
use and wildlife habitat. The required stream setbacks shall be determined by the Planning
Commission.
Dredging and /or filling of wetlands and construction in or directly adjacent to any watercourse,
such as culvert or bridge installations, 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.
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Sec. 17 -7 -100. Soils.
a) Report. Soil types shall be described and /or illustrated in sufficient detail to indicate any
potential development problems resulting from groundwater, instability in road excavations and fills,
expansive soils and structural bearing strength for building foundations.
(b) Stabilization. All disturbed ar as and exposed soils shall be stabilized and protected to
crimped, tracked or tacked in place to promote surface anchoring. Within two (2) full growing
s asons of project completion, vegetative cite coverage shall have a perennial herbaceous
0
Sec. 17 -7 -110. Steep slopes.
In general, development shall not occur on slopes greater than thirty percent (30 or on land with
inadequate drainage unless a part of each lot or tract, 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 approved by the Town Engineer.
Sec. 17 7 120. 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, unless otherwise approved by the Town.
runoff diversions, terracing, slope drains, soil nailing, mulch binders, erosion control blankets or othcr
m asurcs appropriate for the specific situation.
Sec. 17 7 130. 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 the 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.
Sec. 17 7 140. Buffers.
Where a residential subdivision borders a railroad and /or highway right -of -way, the Town may
require a minimum twenty- five -foot 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 improvements 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.
Sec. 17 7 150. Lots.
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(a) Lot dimension. Lot dimensions shall comply with the minimum standards of Chapter
16 of this Code.
(b) Lot arrangement. Lots with unusual configurations will be discouraged, unless topography
or other physical limitations of the property suggest otherwise.
(c) Access to lots and double- frontage lots.
(1) Each lot shall have safe access to a public or private street.
(2) Access from arterial and /or collector streets. Lots shall not derive access exclusively
from an arterial or collector street.
(3) 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.
(d) On a corner lot, the shorter street frontage shall be considered the front lot line.
Sec. 17 -7 -160. Blocks.
(a) 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, or in the case of unusual or difficult topography.
(b) 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 (2,200) feet or twelve (12) times the
minimum lot width required in the zoning district, nor be Tess than four hundred (400) feet in length.
Wherever practicable, blocks along arterial and collector streets shall be not less than one
thousand (1,000) feet in length.
(c) In long blocks, the Planning Commission may require the reservation of an easement
through the block to accommodate trails, utilities, stormwater drainage facilities and /or snow
storage.
Division 3
Public Dedication Requirements
Sec. 17 -7 -170. Purpose.
The purpose 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 are 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 requires certain dedications of land or, in the appropriate
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,
57
thereby relieving the public generally from subsidizing the cost of improvements and facilities
attributable to new development. Each residential subdivision of land within the Town shall dedicate
land or, where appropriate, pay a fee 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.
Sec. 17 7 180. Dedications and /or conveyances.
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 (1) of the following
ways:
(1) A fee simple dedication to the Town granted via plat note on the final plat.
(2) A fee simple conveyance to the Town granted via warranty deed.
(3) A fee simple conveyance to a homeowners' association granted via warranty deed may be
acceptable for open space, if approved by the Town.
(4) Payment of fees in lieu of land dedications where permitted and approved by the
Town.
Sec. 17 -7 -190. Dedications and /or conveyances to Town and /or homeowners'
association.
Whenever a subdivision application involves land that is to be dedicated and /or conveyed to
the Town and /or to a homeowners' association (HOA), the applicant shall submit, with the final plat
application, a warranty deed to transfer such property to the Town or the HOA, together with a title
insurance commitment indicating that the land is owned by the applicant free and clear from all liens,
encumbrances and restrictions. Title insurance shall be provided by the applicant 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. (Ord. 322
12 -6 -6, 2006)
Sec. 17 7 200. Land dedication for schools.
The Board of Trustees has adopted 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 may be harmful to the health, safety or welfare of the
public.
Sec. 17 7 210. Fees in lieu for schools.
(a) In lieu of any dedication of land required by this Division, the Town may request and, if
requested, the applicant shall make, a payment to the Town if:
(1) The Town determines that the amount or quality of land to be dedicated by the applicant
58
pursuant to this Section would not be of adequate size or quality to achieve the purpose of the
dedication; or
(2) 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 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 Town and the
applicant. 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 applicant's
cost. The value determined by the appraisal shall be binding upon the Town and the applicant.
(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 capital outlay purposes for schools and /or for
growth- related planning functions by the school district for educational purposes.
Sec. 17 7 220. Transfer 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.
Sec. 17 7 230. Land dedication for parks.
(a) The Board of Trustees has adopted a resolution setting forth the percentage to be used to
determine the provision of land areas for parks within a subdivision.
(b) Land dedicated for public park use:
(1) May include open space, historical or natural features and proposed public
areas;
(2) Shall lend itself to utilization for active recreational use such as a public park, picnic area,
trails, ball fields or recreational structures and shall include a minimum of ninety percent (90 of
land with a slope of ten percent (10 or less, unless approved by the Town;
(3) 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, unless approved by the
Town; and
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(4) Shall not be less than three thousand (3,000) square feet in size unless approved by
the Town.
Sec. 17 7 240. Fees in lieu for parks.
(a) In lieu of any dedication of and required by this Division, the Town may request and, if
requested, the applicant shall make a payment to the Town if:
(1) The Town determines that the amount or quality of the land to be dedicated by the
applicant pursuant to this Section would not be of adequate size or quality to achieve the
purpose of the dedication; or
(2) 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 applicant 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 the
applicant's cost. The value determined by the appraisal shall be binding upon the applicant 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 and /or for the
development of the sites and land areas for park purposes.
Sec. 17 7 250. Substitute land dedication.
As an alternative means of satisfying the required dedication of land within a subdivision as
provided by this Division, an applicant may offer to the Town a substitute dedication of land of
equivalent size owned by the applicant 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.
Sec. 17 7 260. Applicant's option for site specific dedication study.
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In the event that the applicant 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 applicant
may request a continuation of any subdivision processing and review by the Town, and the
applicant may prepare a study evaluating the demand for public facilities made necessary or
generated by the proposed development. Such study shall be undertaken at the applicant'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 commonly found in other
communities. The study shall identify the necessary public land and improvements required to be
dedicated or constructed by the applicant in order to serve the demand generated by the
proposed development. Such study shall be considered by the Town in determining the dedication
of and required by this Division for the proposed development. (Ord. 322 12 -6 -6, 2006)
Sec. 17 -7 -270. Waiver of requirements.
The Town may waive the required dedication of land or the payment in lieu of dedication
required by this Division in the following cases:
(1) 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
(2) When the development does not result in any increase in demand for schools and
parks or open space. (Ord. 322 12 -6 -6, 2006)
Sec. 17 -7 -280. Adoption of Standards.
Division 4
Public Rights of Way Adoption of Standards
In order to provide for streets of suitable location, width and improveme
prospective traffic and provide satisfactory access to police, firefighting, snow removal, water,
so as to cr ate a convenient system, the street design standards as set forth in this Division aro
required. The Town has adopted street and roadway standards by separate document.
The Board of Trustees has adopted Minimum Design Criteria and Construction Standards
"Standards set forth in Chapter 14 of the Municipal Code to govern various aspects of
development and construction within the Town of Fraser. Presented in these Standards
are the minimum design and technical criteria for the design and construction of
additions and modifications to the following:
Water System;
Sanitary Sewer System;
Street and Roadway System;
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Stormwater System;
Private Infrastructure.
PI asc refer to Thc Town of Fraser Strcct and Roadway Minimum Dcsign Criteria and
-criteria for the design and m ini m im
construction of roads, sidewalks, trails, bridges, drainage utilities and a- sociated infrastructure
within thc Town.
Sec. 17 -7 -290. General
Division
Public Rights -of -Way
(a) Refer to Chapter 14 of the Municipal Code Minimum Design Criteria and Construction
Standards for street, roadway and sidewalk standards.
(b) All streets, water distribution, sanitary sewer collection and stormwater facilities shall
be located within a dedicated public right -of -way or easement, unless otherwise approved by
the Town.
(c) 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,
so as to cr ate a convenient system, the Town has adopted the street design standards as set
forth in this Division arc required.
c. Streets, trails and sidewalks shall be aligned to join with planned or existing public
rights -of -way adjacent to a subdivision.
d. 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.
c. Right of way widths in excess of thc standards designated in these regulations
Thc Town of Fraser Street and Roadway Minimum Dcsign Criteria and Construction
is neccc ary.
f. Half streets shall be prohibited. When a proposed half street in one (1)
subdivision is adjacent to another property, the entire street shall be platted and dedicated by
the owners. It shall be the responsibility of the applicant to acquire any additional right -of -way
that may be necessary.
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g: Subdivision road systems shall be designed with two (2) or more publicly dedicated
access easements and constructed roads for separate, multiple ingress and egress.
h. On all ar as of land proposed for subdivision whcrc thc general configuration of
0
grading plan showing revised contours for strcct construction shall be submitted. Such plan
shall show the extent and percent slope of cut and fill ar as cr ated by street construction.
located within thc dedicated right of way or easement, unless otherwise approved by thc Town.
A revogetation plan shall be submitted for all cut and fill dopes. The revcgctation plan shall
implemented concurrently with strcct construction.
i. When a strcct parallel to a railroad right of way intersects a street which crosccs an
one hundred fifty (150) foot from the railroad right of way. Such distance shall be
determined with due consideration of the minimum dictancc required for future separation of
grades by means of appropriate approach gradients.
j. UnIc -c agreed to otherwise in a subdivision improvements agreement, upon
preliminary acceptance of public streets within a subdivision, the Town shall assume
responsibility for snow removal, but thc applicant shall remain responsible for all other
maintenance and repairs pending final acceptancc. At the Town's discretion, it may elect not
to plow thc streets until there is development on individual lots that warrants access. Upon
final acceptance of public streets within a subdivision, the Town shall a -sums all future
maintenance and repair responsibilities for the public streets.
k. 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 or her expense
such areas for widening and /or realignment of such streets.
1. To prevent the segregation of neighborhoods, subdivision boundary fences and gated
communities are prohibited.
m. Utility and snow storage easements shall be provided along lot line:, as needed.
Easement widths shall be determined ten (10) feet to twenty (20) feet, during plat review.
Sec. 17 -7 -300. Street names, signs and traffic control.
(a) All street names shall be shown on the final plat. The applicant shall pay for and install all
parking, striping, traffic control and street signs neccscary to serve the proposed subdivision. Strcct
signs shall be consistent in size and design with thc existing strcct signs throughout the Town, unless
otherwise approved by thc Town. No street names shall be used which duplicate or may be confused
with the names of existing streets in the Town and /or the County. The Planning Commission may
accept recommended names for streets from the applicant or choose other names it finds more
appropriate. Existing street names shall be used for all extensions or continued alignments of existing
streets.
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(b) The applicant shall pay for and install all parking, striping, traffic control and
street name signs necessary to serve the proposed subdivision. Street name signs
shall be consistent in size and design with the existing street name signs throughout the
Town, unless otherwise approved by the Town. Refer to Chapter 14 of the
Municipal Code Minimum Design Criteria and Construction Standards for signage
and striping standards.
(c) Subdivision road systems shall be designed with two (2) or morc publicly dcdicatcd access
scmcnts and constructed roads for separate, multiple ingress and egress.
Scc. 17 7 560. Street standards.
{a) On all ar as of land proposed for subdivision where thc general configuration of thc
showing revised contours for street construction shall bc submitted. Such plan shall show the
extent and percent slope of cut and fill ar as cr atcd by street construction. No back slope shall
retaining structures shown as a result of street construction shall bc located within the dcdicatcd right
submitted for all cut and fill slopes. The rcvcgetation plan shall use native or similar plants and
include a cost estimate. The rcvcgetation plan shall be implemented concurrently with strcct
construction.
railroad right of way, it shall, to the extent practicable, bc at a distance of at Icast one hundred fifty
{150) feet from the railroad right of way. Such distance shall be determined with due
appropriate approach gradients.
{c) Unless agreed to otherwise in a subdivision improvements agreement, upon preliminary
acccptancc of public strccts within a subdivision, thc Town shall a -sume responsibility for snow
removal, but the applicant shall remain responsible for all other maintcnancc and repairs pending final
acccptancc. At thc Town's discretion, it may elect not to plow the streets until there is
development on individual Tots that warrants access. Upon final acccptancc of public streets
within a subdivision, the Town shall a:,cume all futurc maintcnancc and repair responsibilities for
the public strccts.
r alignment of a street that would require use of some of the land in thc subdivision, thc
widening and /or r alignment of such streets.
Scc. 17 7 570. Easements.
{10) feet to twenty (20) fect, to be determined during plat rcvicw.
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Sec. 17 -7 -6.310 Water Supply.
Division 5
General Standards
(a) Connection required. Each new subdivision within the Town shall be required to connect
to the municipal water system.
(b) Design. The internal water distribution system of each subdivision shall be designed and
sized hydraulically to meet the initial and future demands of the proposed subdivision and shall
be approved by the Town prior to construction. The Town has adopted water utility
standards by separate document. Refer to Chapter 14 of the Municipal Code
Minimum Design Criteria and Construction Standards for for the requirements for material
and installation of additions/ modifications to the current Town water distribution system.
(c) Fire hydrants. Fire hydrants shall be required in all subdivisions and shall be located in
conformity with the adopted Fire Code. Generally, fire hydrants shall be located no more than five
(500) feet apart. Hydrant locations and fire flow demands shall be approved by the Town and the Fire
District. Fire hydrant spacing along streets where hydrants are not needed for protection of
structures and /or water system operations shall not exceed one thousand (1,000) feet.
Sec. 17 -7 -320. Sanitary Sewer Wastewater Disposal.
(a) Connection required. Each new subdivision within the Town shall be required to connect to
the municipal wastewater sanitary sewer system.
(a) (b) 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 cucce &cor prior to construction. Thc Fraser Sanitation District has adopted
wastewater utility standards by separate document. PI aoc refer to Thc Fraser Sanitation
District Refer to Chapter 14 of the Municipal Code Minimum Design Criteria and
Construction Standards for the requirements for material and installation of
additions /modifications to the current Fraser Sanitation District Town sanitary sewer
wastewater collection system.
Sec. 17 -7 -330. Stormwater drainage and management facilities.
PI ace refer to Thc Town of Fraser Minimum Dccign Critcria and Construction Standards Refer
to Chapter 14 of the Municipal Code Minimum Design Criteria and Construction
Standards for regulatory requirements on stormwater system design within the Town.
(a) General. The Town shall not approve any subdivision plat that does not make adequate
provision for stormwater drainage and management. The stormwater drainage system shall be
separate and independent from any sanitary sewer system. The Town shall require on -site detention
of stormwater flows during peak periods. New development shall release water from the
development at a rate equal to the historic rate prior to the development. Stormwater drainage
and management facilities must be constructed within the first phase of any development
activity. Appropriate measures shall be in place during construction of these facilities to mitigate
any impact to water quality, adjacent properties and /or downstream properties.
65
(b) Drainage Plan. An approved drainage plan shall be required for a minor subdivision. The
drainage plan (preferred scale 1" 20', optional scale 1" 50') shall include the following:
existing and proposed improvements, existing and proposed contours, existing and proposed
easements, snow storage areas, utility lines, spot elevations and flow direction arrows, as needed, to
clearly portray the proposed drainage layout and detail, and any drainage facilities needed to
mitigate the anticipated impacts. If swales are proposed, include a cross section detail of the
proposed swale with dimensions. Silt fences, sediment traps, catch basins and /or detention ponds
may be required at the discretion of the Town. The drainage plan shall also indicate temporary and
permanent methods to be used to stabilize and prevent the erosion of soils. Revisions to a
submitted drainage plan may be required at the discretion of the Town.
(c) Drainage Report. An approved drainage report shall be required for a major subdivision. The
drainage report shall be prepared by a Professional Engineer licensed in the State of Colorado.
Refer to Chapter 14 of the Municipal Code Minimum Design
Criteria and Construction Standards for regulatory requirements on stormwater system
design.
resolution specifying the current manual to be used. The preliminary drainage report shall be
submitted concurrently with a preliminary plat for a major subdivision. The final drainage report
shall be submitted concurrently with a final plat for a major subdivision.
(d) Drainage easements and drainage ways.
(1) 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 dedicated on the final plat, or via
separate instrument.
(2) When a proposed drainage system will carry across private land outside the subdivision,
appropriate drainage easements must be secured in writing and indicated on the final plat.
(3) 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 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.
(c) Valley guttcrs. Concretc valley guttcrs are required at street intersections to dircct water
through intersections.
(f) Lot and adjacent land drainage. Lots shall be laid out so as to provide positive drainage
away from 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 the 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 effect on lands downstream.
(g) 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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(h) Operations and maintenance. The continued maintenance of all stormwater drainage
facilities is necessary to ensure that they will function as designed. As such, maintenance access
shall be provided to all stormwater drainage facilities to ensure continuous operational capability of
such facilities.
Sec. 17 -7 -340. Utility standards.
(a) Location. All utility facilities, including but not limited to water, sanitary sewer, natural gas,
electric, telephone and cable television, shall be located underground throughout the subdivision.
Installation of any utility (including, but not limited to transformers, risers, pedestals or
connection boxes) within the Town rights -of -way is subject to Town approval. Transformers,
pedestals or connection boxes may be located above ground but must be adequately screened
with planting material.
public right of way so as to avoid conflict with snow removal operations. All existing and
proposed utility facilities throughout the subdivision shall be shown on the final plat. Underground
service connections to the property line of each platted lot shall be required and installed at the
applicant'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 minimize trenching and adequately separate
incompatible systems. Cross connections shall be prohibited.
(b) Thc Town has adoptcd water utility standards by separate document. Refer to Chapter
14 of the Municipal Code Minimum Design Criteria and Construction Standards. PI aso
rcfcr to Thc Town of Fraser Water Utility Minimum Design Critcria and Construction Standards
for the requirements for material and installation of additions /modifications to the current Town
water distribution system. Thc Town has adoptcd sanitary sewer utility standards by separate
for requirements for materials and installation of additions/ modifications
to the current and Town sanitary sewer collection system.
(c) Oversizing for extensions. Utility lines, water and sewer mains and stormwater drainage
facilities shall be sized to serve the total number of proposed units in the entire subdivision and future
phases of development. Oversizing may also be required to serve adjacent properties.
(d) Soil compaction. Soil compaction shall bc required for fill of all utility lines, including
service connections, within any public right of way. Thc compaction shall bc ninety five percent
(95 Standard Proctor Density.
(e) Coordination. Proper coordination shall be established between the applicant and the
applicable utility companies for the establishment of utility easements, all of which shall be
indicated and dedicated on the final plat or via separate instrument.
Sec. 17 -7 -350. Water quality.
The applicant 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
67
prohibited. All development and construction activities shall be consistent with the requirements
of the Clean Water Act, the State of Colorado Stormwater Management Plan (SWMP) requirements
and Chapter 18, Article 5 of this Codc, and shall include appropriate best management
practices.
Sec. 17 -7 -360. Erosion and sediment control devices and revegetation
Please rcfcr to Thc Town of Fraser Minimum Design Criteria and Construction Standards for
regulatory requirements on erosion and sediment control and revegetation within thc Town.
General. Erosion and sediment control devices and revegetation shall be incorporated into
all new developments and installed and stabilized prior to site grading or other construction.
Refer to Chapter 14 of the Municipal Code Minimum Design Criteria and Construction
Standards for regulatory requirements on etormwatcr system design within thc Town. Please
refer to Thc Town of Fraser Minimum Design Criteria and Construction Standards for regulatory
requirements on erosion and sediment control and revegetation within the Town.
sedimentation in off site downstr am conveyances. Erosion can be controlled in a numbcr of
ways, such as keeping the disturbed arctic small, quickly rcctabilizing disturbed areas and retention
of sediment within thc disturbed ar a by using sediment basins, silt fences and /or straw bales.
sediment control devices shall be maintained in a manner to support their effectivenc"c.
Accumulated sediment shall be periodically removed from sediment basins; silt fences and straw
bales shall be checked and repaired as needed.
effectively control erosion by using appropriate techniques such as hydromulching, erosion control
blankets, bonded fiber matrices or other equally protective m asures. Grace or straw mulch should bo
Within two (2) full growing
s aeons of project completion, vegetative site coverage shall have a perennial herbaceous
0
Sec. 17 -7 -370. Snow storage.
(a) On -site snow storage. Adequate and Functional 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 and designated drainage courses/ swales.
(1) One (1) square foot of snow storage space is necessary for each three (3)
square feet of parking and driveway to be cleared.
(2) Snow storage shall be graded so that drainage for these areas flows away from
adjacent properties and building sites.
(3) Snow storage shall not interfere with intersection vicwssight distances, traffic,
signage, fire hydrants or water, wastewater, stormwater facilities and parking spaces
(4) Snow storage shall not be located in, on or within twenty -five (25) feet of wetlands,
or within twenty -five (25) feet of the high water mark on each side of a watercourse.
68
(b) Off -site snow storage. If the development parcel necessitates off -site snow storage, an
easement from the property owner is required. The applicant 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.
Sec. 17 -7 -380. Trails standa
(a) Trail 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 applicant and dedicated via easements to the
Town or, if outside the Town limits, to the County.
(b) Location requirements. The applicant shall construct and dedicate trails which are reasonably
necessary and convenient to the subdivision, including the following:
(1) Trails idcntificd on the Town of Fraser Master P
(2) Trails identified in the Grand County Headwaters Trails Master Plan;
(3) Trails that provide access to schools, residential areas, businesses, parks, existing trails,
open space, neighborhoods, public lands and other public places;
(4) Trails that are encouraged to take advantage of the visual qualities of the area and
should be designed to be an alternative to vehicular traffic;
(6) Trails parallel to watercourses.
f7 Refer to Chapter 14 of the Municipal Code Minimum Design Criteria and
Construction Standards for trail standards.
(8) Detached, paved, eight foot wide trails that shall bc provided adjacent to arterial
and collector streets.
(c) Design requirements.
differential or differing surfaces shall bc provided between trails and public rights of way to
discourage croccovcr by vchicicc, pedestrians and bicycles.
e scings shall be avoided. Special structures and /or
traffic control devices may be required at road crossings for safety.
shall bc constructed to provide stable subgradcs suitable for
pavement,
69
('1) Sidewalks shall bc a minimum of cight (8) fcct wide on ach side of thc street and shall be
Commercial zoned planning ar as in all Planned Development Districts (PDDs). Sidewalks
shall bc required on at Icast one (1) side of thc street in residential ar as if trails are not
pr-ev4e€1,
Disabilities Act (ADA).
to prevent erosion damage and to allow free passage of drainage flows. Surface drainage shall
locations.
Sec. 17 7 650. Adoption of erosion standards.
The Town has adopted street and roadway standards by separate document. PI asc refer to
for regulatory requirements on revegetation, crosion and sediment control within the Town.
(Ord. 322 12 6 J, 2006)
(i) Applicants shall bc required to connect to and conform to the specifications of the Town
stormwater drainage system, policy and plan.
Sec. 17 -7 -390. Exterior Lighting.
(a) General. The purpose of exterior lighting is to allow for outdoor illumination levels
which are appropriate for the visual task, safety and security while minimizing the
undesirable effects of excessive illumination such as glare, sky glow and light
pollution. illuminate and provide security. Exterior lighting shall be minimized and
shall be directed to illuminate functional areas only, including all pedestrian
access routes and parking areas. provided in locations that receive heavy pedestrian
or vehicular use and in ar as that arc dangerous if unlit, such as stairs, ramps,
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. In addition, a desirable byproduct of these regulations is the increased use
of energy efficient sources. 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 applicant.
(b) Specifications. Refer to Chapter 14 of the Municipal Code Minimum Design Criteria
and Consturction Standards for exterior lighting standards.
70
be- in-Gem
watts.
hours.
(3) Maximum height of fixturcs shall not exceed twenty five (25) 21 feet.
(6) Light intensity at ground Icvel shall not exceed two (2) foot candles average within a
maximum to minimum ratio of fifteen (15) to one (1).
site and away from thc adjoining properties. The source of Tight shall not be visible above a
horizontal plane and shall fall within thc property Tine. This can be accomplished by installing
lighting fixturcs designed to direct thc light down or by installing shields in combination with
(8) Fixtures located on buildings shall not be located abovc thc avc line or abovc the top
of the parapet wall.
discretion of -the Town..
nctional ar as only, such as garagc doors, storage ar as,
minutes aftcr
ti 1
p.m. or within one (1) hour after the end of business hours of the businc -c served, whichever is
(11) All sports arena cxtcrior lighting used for the
shall be extinguished by 10:00 p.m. or immediatcly aftcr thc conclusion of thc final event of the
(c) Prohibited cxtcrior lighting. No parson shall install, illuminate or maintain any b acon or
71
wattage
e l u
fixture.
Z.
Sec. 17 -7 -400. Landscaping requirements and natural features.
(a) General. Because landscaping enhances aesthetic appeal and protects the
area's unique natural beauty and environment is c „ential to aesthetic values, ecology
and coil conservation of thc 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.
(b) Preserve existing trees, shrubs and natural features. All developments shall be responsive
to site and natural conditions and minimize disturbance to land and existing vegetation. Removal
those occontial for development of thc site. The landscaping plan shall demonstrate that a
reasonable effort has been made to preserve existing healthy trees, shrubs and topsoil
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 trccs and shrubs.
(c) Appropriate plant materials. Native and drought tolerant plant species and seed mixes
containing grasses and wildflowers are strongly encouraged, and noxious weeds and plants are
prohibited, per the Colorado Noxious Weed Act (Section 35 -5.5 -101, et seq., C.R.S.). The
utilization of the principals of Xeriscape landscaping is encouraged in order to conserve
water resources. Bluegrass and other grasses requiring high consumption of water are
prohibited. discouraged. Ornamental nonliving materials, such as decorative rock, wood chips,
mulch, brick and paving stones, shall be permitted to be incorporated into a landscaping plan.
Landscaping designs should generally use a three tier concept utilizing hardy, low growing
72
ground covers; medium height shrubs and trees. The recommended Plant List for Fraser,
Colorado is available upon request. The Town Gardener shall review and approve all
landscaping plans.
(d) Revegetation of disturbed land. All areas disturbed by grading or construction, not being
formally landscaped, shall be mulched and revegetated with seeding mulch (straw- crimped in
place or hydromuch, etc).
(e) Guarantee. Performance guarantees shall include the success of all landscaping
improvements and revegetation for two (2) growing seasons after installation. Landscaping that
dies within the two -year period shall be replaced and shall be required to live for at least two (2)
years from the time it is replanted.
(f) Obstruction of signs and fire hydrants. Vegetation shall be placed so as not to block sight
distances from driveways, corners and intersecting streets. Fire hydrants shall not be obstructed by
landscaping.
(g) Wildfire defensible space. Creating a defensible space around a home and on property is an
important step to take in order to protect your home and property them from wildfire. Defensible space
is an area around a structure where fuels and vegetation are treated, cleared or reduced to slow the
spread of wildfire towards the structure. It also creates an area where fire suppression operations can
occur.
(h-) Landscapinq Plan. Refer to Chapter 14 of the Municipal Code Minimum Design
Criteria and Consturction Standards for landscaping plan standards.
Site plan, preferred scale of 1 20'.
Property lines
Irri plans.
73
A (AN A) #5. s i z in g
i preferred b is net re
(i) 1 and ree
Trcc rcquircmcnt:
Shrub rcquircmcnt:
(1) 1 and ma intenance•
75% of thc landscaping area
15% of thc landscaping or a
74
Division
Additional Standards
Sec. 17 -7 -410. Residential condominium and townhome subdivisions and
apartment developments.
(a) Density. All design standards set forth above shall apply to the construction of
condominiums and townhomes and apartments. In addition, there shall be a maximum density of one (1)
unit per two thousand one hundred seventy -eight (2,178) square feet of gross land area of the property
subdivided. This equates to twenty (20) units per acre.
(b) Open space. 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 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 a homeowners' association with powers of assessment for maintenance,
improvements and upkeep of such areas. Articles of incorporation, bylaws and other necessary legal
documentation establishing the homeowners' association are also to be submitted to, approved by and
recorded by the Town. Of the fifty -five percent (55 open space, fifteen percent (15 shall consist of a
landscaping plan consistent with the standards in Section 17 -7 -400 of this Article.
(c) 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:
(1) The legal description of the real property and the individual units.
(2) The character, duration, rights, obligations and limitations of ownership.
(d) 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 County
Clerk and Recorder. For condominiums, as -built plats shall also include horizontal and vertical
layouts of the air spaces.
(e) Parking spaces and driveways. All parking spaces are to be defined with cribbing, curbing or similar
material and parking stalls clearly defined. All parking spaces and driveways shall be hard surfaced.
(f) Snow storage. A snow storage and /or off -site removal plan shall be required for
all driveways and parking areas. Refer to Section 17 -7 -370 of this Article.
(g) 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.
Enclosure materials shall be consistent with building materials and colors.
(h) Building materials and colors.
(1) Building materials should be predominately natural, such as wood siding, natural stone
masonry, exposed wood structural beams, logs, heavy timbers and masonry.
75
(2) Colors of buildings should predominately be natural colors and stains. Bright
colors should be reserved for trim, etc.
Sec. 17 7 420. Commercial condominium and townhome subdivisions.
(a) Landscaping and open space. A landscaping /open space plan shall be required, detailing the
landscape design, plant species and permanent maintenance provisions for a minimum of fifteen
percent (15 of the gross land area of the site. The applicant shall be responsible for the
replacement of revegetation and landscape plantings for two (2) growing seasons after installation.
Drought resistant plant spccics arc encouraged {refer to Section 17 7 710 of this Articic). Refer to
Section 17 -7 -400 of this Article.
(b) Buffer area landscaping requirements. Where a business, commercial or industrial use abuts
residential uses, a landscaped wall or fence with a minimum height of five (5) feet must be placed
along such abutting property line.
(c) Square footage. The minimum square footage per commercial condominium/
townhome shall be three hundred (300) square feet.
(d) Applicable rules and regulations. Conversion of existing commercial leased space shall
meet all applicable rules and regulations of the Town.
(c) Parking spaces and driveways. All parking spaces and driveways are to be defined with
cribbing, curbing or similar material and parking stalls clearly defined. All parking spaces and
driveways shall be hard surfaced. PI asc refer- to- The—Town of Fraser Strcc
(f) Snow storage. A snow storage and /or removal plan shall be required for all driveways
and parking and loading areas. Refer to Section 17 -7 -370 of this Article.
(g) Trash and storage areas. All trash and storage areas are 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. Enclosure materials shall be consistent with building
materials and colors.
(h) Legal documents. Legal documents, such as those described for a
residential condominium townhome development, shall also be required and recorded in the
office of the County Clerk and Recorder.
Sec. '17 Mixed use residential and commercial subdivisions.
(a) Landscaping. A landscaping plan shall be required detailing the landscape design, plant
species and permanent maintenance provisions for all mixed use developments. The landscaping
plan shall be for a minimum of fifteen percent (15 of the gross land area of the site. Refer to
Section 17 -7 -400 of this Article.
(b) Buffer area landscaping requirements. Where a business, commercial or industrial use abuts
residential uses, a landscaped wall or fence with a minimum height of five (5) feet must be placed
along such abutting property line.
(c) Open space.
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Group
Percentag
e of Floor
Use
Open Space
Land
1
76% -100%
C, 0, I,
15%
24 -0%
R
15%
II
50 -75%
C, 0, I,
30%
50 -25%
R
30%
III
5 -49%
C, 0, I,
40%
95%-51%
R
40%
IV
0 -4%
C, 0, I,
55%
100 -96%
R
55%
(1) Except as provided in Subsection (2) below, the percentage of open space required
will be based on the following formula:
C Commercial° Office
I Industrial R Residential
(2) For a mixed -use residential and commercial subdivision in the Business Zone District
consisting of commercial and /or office development occupying one hundred percent (100 of the
ground floor of all structures in the subdivision, mixed with apartment development occupying
some or all of the other floors in such structures, the minimum open space requirement shall
be fifteen percent (15 of the gross land area included in the subdivision, regardless of the ratio
of residential to nonresidential development.
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