Loading...
HomeMy Public PortalAboutTBM 1980-10-01FORM O C. F. HOECKEL B. B. L. CO. RECORD OF PROCEEDINGS 100 Leaves Uct. 1, 1960 Page 2 Board advised Clerk to include into the Town minutes the terms of office for the exsisting PC members as determined at the Feb. 79 meeting. ausan "nderson- 6 year term- 1 year term Ghairman aue auchheiater- 4 year term Alta Gesslemen- 2 year term serve as secertary Town Board serving as long as term of office pursuent to statutes. Contract for the old school will be given to the school baard thurs. and Mayor should Get it soon.. Mayor will call special meeting is anything in the contract is determined to be out of the assuMmed language. d ill have special meeting on the 15th. is needed. Zoning awrnendment and PC ammendments are set for hearing Nov. meeting. Meinor aub. sign offs- Ted Bchemedeke- duplex- Pc sign-off and sanitetion sign-off- board again told the indiviaduals who are requesting sign offs and trying to obtain building permits, that no permit would be iseued until the road has been approved, water system accepted. Board has not yet recieved any as builds on the water system for aparoual, the water pumping station has not recieved power, but expects to soon, and roads have not been brought up to ,7Jandard. Board could call a special meeting to approve the water system 10 neccessary. Monte Rogers can release the Roads with st. and alley commitee aproval. Rensberry made a motion to sign off on plat map, but that map will not be realeased for recording until building inspector can release a building permit, permit contingent on all of the above requirements being approved. 2nd "lancke. carried. Michael Boex- sign off for the 2 remaining units at silvercloud condo. tensberry made a motion to sign-off, 2nd aickle, carried. John Misrock- Ptg Heights 1,11,111. needs same signof. Bickle made a motion to sign-off plats, under the conditions of building permit as stated above, 2nd 2ickle. carried. Board discussed with these individuals concern with the Oct. 15 deadline for water and sewer connections. Because of diligent work with the PC and Town Board in trying to meet all of the requirements and obtaining a building permit still this fall, these coneractors are permited to make a dry taps into the water system, governed by a cut permit, tap will be made by a plumber and Monte will oversee cut. No service will be permited further than property line. taps to be paid for at the time of applying for building permit. This action by motion from Rensberry, 2nd Tucker. FORM So C. F. HOECKEL B. B. L. CO. RECORD OF PROCEEDINGS 100 Leaves Oct. 1, 1980 page 3 lancke- sign off on units `rYap iti place. Rensberry made a motion to approve sign off 2nd Klancke. carried. 81' budget was discussed i n detail. gill levy was discussed. Claytomade a motion to certify the mill levy at 8.70 to the county commissioners, 2nd Klancke. carried. acveral items were discussed as pos :ible changes in budget, wing for maintainer, and paying off balance on backhoe, clerk instructed to put monies into budget for additional county police protection or hiring of a pt!icemen possible part time conbined with additional maintance personel. Rensberey made a motion to continue(\hearing to the Nov. meeting, Klancke 2nd motion, carried. Clerk informed board that appointments must again be made to the Board of Adjustments, these members are appointed every 3 years pursuent to "rdinance and one of t: does not live in Town anymore. oard will consider appointments at a later dote Richard Ric jjowell was Leltoy 'inkum who has moved out of Town. ointed to replace Contractor r ire enting Steve abl er building in upper ftg. has designed structure for 1' set back on back lot line. Board told him Town zoning requires 5' set back and any change would come from a varience request of the Board of adjustments. Rensberry made a motion to approve a portion of the upper Ptg. road for Town acceptance that has been class C to date, 2nd Tucker carried. R member of the :audience expressed interest in the dep the Town had for sale. Advised to contact Clerks office tommorow. Interest for abtaining liquor licence for the pinewood location. Individual told to contact the clerk for procedc_ures. New Parking regulation map femnthe work shop was presented. permits for special use can still be obtained. Clayton made a motion to approve the mapped regulations and instruct Doucette to write the proper Lrdinance to regulate this. 2nd Tucker carried. *"'oucetto advised the Board to issue termination proceedure on Ric riavis, as the stipulated court contract has not been carried out. Hoard approved termination for the 16th of Oct. 1980. Doucette instructed the Town to send certified mailing concerning this termination to all occupants of the building and also hand delivered copyies of termination order. If no communitation has been recieved by the 16th PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Fraser, Colorado and the Fraser Planning Commission will hold a public hearing at 8:30 o'clock P.M. on November 5, 1980 in the Town Hall, 200 Eisenhower Drive, Fraser, Colorado, to consider the follow- ing amendments to the Town of Fraser Subdivision Regulations which were adopted on October 3, 1979: 1. That Article VI entitled "Sketch Plan and Plat Section 6.1 entitled "Sketch Plan sub section 1.b. shall be amended by the addition of the following provision: x. A soils report that is site specific, detailing the soil type(s) and any building limitations applicable to the particular soil type(s) identified. (Information from either the U.S.D.A. Soil Conservation Service, Kremmling, Colorado, or a qualified engineer's soils report are appropriate.) 2. That Article VII entitled "Design Standards Section 7.7 entitled "Standards for Condominiums, Townhouses and Apartments sub- section 1. shall be amended to provide as follows: 1. All design standards set forth above shall apply to the construction of and development of condominiums, townhouses and apartment houses which are subject to these regulations. In addition, there shall be a maximum density of one (1) unit per two thousand one hundred seventy eight (2,178) square feet of property subdivided and fifty -five per cent (559) of the area subdivided shall be open space. indicates changed language. Present regu- lations call for sixty per cent (60 open space.) All interested persons are invited to attend and be heard. DATED THIS 3rd day of September 1980. TOWN OF FRASER Published in the Sky -Hi News the 2nd day of October 1980. TOWN OF FRASER SUBDIVISION 1 EGT3LATIONS 1 October 3, 1979 f c aJ €ba,a?„&a.-J-49 r 1 w 1 1 w Approved October 3, 1979 TABLE OF CONTENTS Page ARTICLE I TITLE, AUTHORITY AND PURPOSE I 1 ARTICLE II CONSTRUCTION OF REGULATION I1 1 2.1 Rules of Language Construction..II 1 2.2 Definitions II 1 2.3 Severability II 7 ARTICLE III APPLICABILITY OF REGULATIONS III 1 3.1 Jurisdiction. III 1 3.2 Specific Exemptions from these Regulations III 1 ARTICLE IV VIOLATIONS, PENALTIES, AND ENFORCEMENT IV 1 4.6 Erection of Buildings IV 3 ARTICLE V POWERS AND DUTIES OF PLANNING COMMISSION V 1 ARTICLE VI SKETCH PLAN AND PLAT VI 1 6.1 Sketch Plan VI 1 6.2 Plat VI 6 ARTICLE VII DESIGN STANDARDS VIZ 1 7.1 Special Site Considerations....VII 1 7.2 Streets, Alleys, and Easements.VII 2 7.3 Blocks VII 5 7.4 Lots VII 5 7.5 Dedications and Public and Private Reservations VII 5 7.6 Design,Standards for Drainage, Sewer and Water VII 6 7.7 Standards for Condominiums, Townhouses and Apartments VII 7 ARTICLE VIII IMPROVEMENTS REQUIRED VIII 1 8.1; Surface Improvements VIII 1 8.2 Utilities VIII 2 8.3 Other Improvements VIII 3 8.4 Guarantee of Completion VIII 3 ARTICLE IX MINOR SUBDIVISIONS IX 1 9.1 Purpose.... IX 1 9.2 Data to be Submitted IX 1 9.3 Plat IX 2 TABLE OF CONTENTS (continued Page 2) ARTICLE X ADMINISTRATIVE PROVISIONS X 1 10.1 Variances X 1 10.2 Amendment X 2 10.3 Fees X 2 Approved October 3. 1979 s FRASER SUBDIVISION REGULATIONS ARTICLE I. TITLE, AUTHORITY AND PURPOSE 1.1 TITLE ese Regulations shall be known as the "Fraser Subdivision Regula- tions". 1.2 AUTHORITY These Regulations are authorized by Section 31 -23 -214 of the Colorado Revised Statutes, 1973, as amended, and are hereby declared to be in accordance with all provisions of the Statutes of the State of Colorado. 1.3 DECLARATION OF PURPOSE The requirements contained in these Regulations shall be held to be minimum regtiiteiments enacted to promote the health, safety and general welfare of the Town of Fraser.. To.theee ends, such Regu- lations are intended to assure efficient circulation, adequate improvements, sufficient open space and basic order in subdivision design by providing for, the proper arrangement of streets in relation to other existing or planned streets; for adequate and convenient open spaces for traffic circulation, utilities, emergency access, recreation and light and air;.for the avoidance of popula- tion congestion; and for the establishment of standards for the design and construction' of improvements herein required. It is also the purpose of Regulations to facilitate good planning by encouraging the most effective utilization of land within the Town of Fraser; to inform each subdivider of the standards and criteria by which development proposals will .be evaluated and to provide information as to the type of improvements, and to assure taxpayers that public costs of new development will be minimized through logical, coordinated extension of durable improvements requiring minimum maintenance; and by securing necessary land for public purposes in advance of rising land values. Approved October 3, 1979 I 1 1 1 1 i 1 1 ARTICLE II. CONSTRUCTION OP REGULATION 2.1 RULES OF LANGUAGE CONSTRUCTION For the purpose of this Regulation and when not inconsistent with the context, words used in the present tense include the future, words in the singular the plural, words in the plural include the si,ggular, the masculine includes the feminine, the word "shall" is mandatory and not directory, the word "may" is permissive, and the particular controls the general; and in case of any difference of meaning or implication between the text of these Regulations and the captions of each section, the text shall control. All words unless specifically defined herein shall be defined by their common or ordinary meaning. 2.2 DEFINITIONS 1. 'Dedication An appropriation of land to some public use, made by, the owner and accepted for such use by or on behalf of the public, and by which the owner reserves to himself no other right than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted: 2. 'EaseMent i conveyance, reservation, or dedication of land for a specified use, such as providing access for maintenance of utilities. 3. *Lot Any portion'of a subdivision which is intended for transfer of ownership or building development, which is a complete ownership,entity. 4. 'Master Plan A pla guiding and con- trolling the physical development of land use and circulation in the Town of Fraser and any amendment or extension of such a plan. 5. Mino'r S'ub'di'vi'sion A subdivision which is exclusively residential with not more than four (4) resulting dwelling units. Approved October 3, 1979 6. Open Space Land restricted by the sub- division plat and covenants from being covered by structures, parking, streets, loading areas, other improvements except that parks, courts, gardens, playgrounds, trails for pedestrian or non- motorized vehicles may be located thereon. Open space, once created, can only be otherwise utilized by the con- currence of one hundred per cent (100 of the lot owners, which said open space was created to benefit, and approval of the Planning Commission and Board of Trustees of the Town of Fraser. 7. Parcel 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 Grant County Clerk and Recorder at the date of adoption of this Regulation. 8. Plat A map or drawing reflecting the location of certain described real property and containing all of the requirements set forth in Sections 38 -51 -102, 31 -23 -103 and 105, C.R.S., 1973, as amended, and such additional requirements as may be contained within these Regulations. As used herein, the term plat does not include sketch plan or sketch plans. 9. Reservation A legal obligation to keep property free from development for a stated period of time, not involving any transfer of property rights. 10. Right -of -way The width between property lines of a street. YG 11. Street A way for vehicular traffic, further classified and defined as follows: a. Alley. Is a minor way, which primarily for vehicular service access to the back or side of properties otherwise abutting on a street. Approved October 3, 1979 ZZ 2 is used Approved October 3, 1979 b. Arterial Highway. Are those rights of way which are used primarily for fast or heavy traffic volumes for long distances and usually are or would be designated as State Highways. c. Arterial Streets. Those which per- mit the relatively .rapid and unimpeded move- ment of large volumes of traffic from one part of the community to another. d. Collector Streets. Those which collect traffic from minor streets and carry it to arterial streets or to local traffic generators such as neighborhood shopping centers and schools. "Collector Streets" include'the principal entrance streets to a residential development, those linking such adjacent developments and those streets pro- viding circulation within such developments e. Drives Are minor ways used pri- marily for vehicular access to residential or business properties not otherwise abutting on a public dedicated or traveled street or 4 road, and may be private easements or rights- of -way. II 3 f. Local Streets. Those used primarily for direct access to properties abutting the right -of -way. "Local Streets' carry traffic having an origin or destination within the development and do not carry through traffic. 12. 'Resub'division The further division of any lot or tract or parcel as designated on any subdivision plat previously recorded with the Clerk and Recorder and which was originally platted under these Regulations. 'w. 13. Subdivider Any person, individual, firm, partner- ship, association, corporation, estate, trust or any other group or combination acting as a unit, dividing or pro posing to divide land so as to constitute a subdivision as herein defined, including any agent of the "subdivider". 14. Subdivision The division of a lot, tract, or parcel of land into two (2) or more lots, plats, sites, or other division of land for the purpose, whether im- mediate or future, of sale or of building development. It includes reaubdivision, and when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. The definition of sub- division shall also include the establishment of separate air space ownership, such as that created by the condo- minium; and the definition of subdivision shall also include the creation of five (5) or more rental units on the same tract or lot. 15. Apartatent House Shall mean any single structure containing five (5) or more individual dwell- ing units. The term "dwelling unit" means one (1) or more rooms in a dwelling designed for permanent occupancy by one (1) family for living purposes and having not more than one (1) kitchen. All dwelling units shall contain at least four hundred (400) square feet of floor area measured on the outside walla. "Dwelling" as used herein means any building or portion thereof which is used as the private residence or sleeping place of one (1) or more human beings but not including mobile homes, hotels, motels, tourist courts, hospitals, or similar uses. 16. 'Condominium As used herein refers to a type of ownership which consists of a separate fee simple estate in an individual air space unit of a multi -unit Approved October 3, 1979 II 4 Approved October 3, 1979 II 5 property together with an undivided fee simple interest in common elements. "Individual air space" as used here- in shall consist of any enclosed roam or rooms occupying all or part of a floor or floors in a building of one (1) or more floors to be used for residential, professional, commercial or industrial purposes. "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 walla, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of such building or buildings; the basement, yards, gardens, parking area, and storage spaces; the premises for the lodging of custodians or persons in charge of the property; installations of central services such as power, •light, gas, hot and cold water, heating, refrigeration, central air conditioning, and inciner- ating; the elevators, tanks, pumps, motors, fans, com- pressors, ducts, and in general all apparatus and installations exi for common use; such community and commercial facilities as gay be provided for in the declaration; and all other parts of the property neces- sary or convenient to its existence, maintenance, safety, or normally in common use.; "Condominium unit" means an individual air apace unit together with the interest in the common elements appurtenant to such unit. M 17. 'Townhouse house As used herein refers to a type of ownership which consists of a fee simple interest in an individually deeded lot and dwelling, 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 declaration of the homeowners' association. "Dwelling" as used herein means a single family dwelling constructed on an individually deeded lot, but as part of a series of two (2) or more dwellings, each of which is either attached to the adjacent dwelling or dwellings by party walls or is located immediately adjacent thereto with no visible separation between walls or roof. "Common Areas" will be defined in each decla- ration and will include such items as the following: any open 'spaces, green belts, yards, parking areas, or storage spaces, located on the property owned and con- trolled by the homeowners through the homeowners' association, but which are not part of individual town- house lots, and all community an$commercial facilities or other parts of the property necessary or convenient to the existence, maintenance, or safety of all townhouses. 18. Parking Space Means 4he area occupied by an•' automobile when not in use and for purposes of these Regulations is a rectangular area ten filet by twenty feet (10' x 20'). 19. Parking Area Mesns the parking space plus that contiguous driving surnce adjacent to each parking apace necessary to provide ingress and egress to the park- ing space. Approved October 3, 1979 II 6 t 20. Sketch Plan An application, including a drawing and other supporting material as required herein, reflecting a proposed subdivision of certain described real property. As used herein, sketch plan is not a plat within the meaning of this Regulation. 21. Declaration An instrument which defines the character, duration, rights, obligations, and limitations of townhouse or condominium ownership. 2.3 SEVERABILITY. It is hereby declared to be the legis- •lative intent that the severable provision of these Regulations shall be severable in accordance with the provisions set forth below: 1. If any provision of these Regulations is declared to be invalid by a decision of any 'court of competent juris- diction, it`is hereby declared to be the legislative intent that: Approved October 3. 1979 a. The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid, and b. Such decision shall not affect, impair 4 or nullify these Regulations as a whole or the application thereof, but the. rest of these Regulations shall continue in full force and effect. 2. If the application of any provision of these Regu- lations to the tract of landdis declared to be invalid +!s by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: a. The effect of such decision shall be limited to that tract of land immediately involved II 7 M 1 1 1 Approved October 3, 1979 in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered; and b. Such decision shall not affect, impair or nullify these Regulations as a whole or the application of any provision thereof, to any other tract of land. 4 t II 8 Approved October 3, 1979 ARTICLE III. APPLICABILITY OF REGULATIONS 3.1 'JURISDICTION. These Regulations are applicable and shall include the subdivision of all lands located within the legal boundaries of the Town of Fraser and limited only to control with reference to a major street plan and not otherwise, also includes all land lying within three (3) miles of the Town of Fraser and not located in any other municipality, except that in the case of any such land lying within five (5) miles of more than one (1) municipality, the jurisdiction of the Town of Fraser Planning Commission shall terminate at a boundary line equidistant from the respective municipal limits of such municipality and the Town of Fraser. 3.2 'SPECIFIC EXEMPTIONS FROM THESE REGULATIONS. Due to the nominal impact upon the residents of the Town of Fraser, the following divisions of property, even though included within the definition of subdivision, are hereby determined by the Planning Commission and Board of Trustees of the Town of Fraser that such divisions are not within the purpose of this Regulation and are hereby exempted from compliance with this Regulation: 1. A plat which does not in fsc create any new parcel or tract of land, but is a survey of metes and bounds parcels and tracts which were in existence at the time of the original adoption of this Regulation shall be exempted from these Regulatio provided, however, that said tracts and parcels must be under separate owner- ship at the time of the original passage of this Regula- tion. Said plat shall be approved by the Board of Trustees of the Town of Fraser and certified by a 1 1 1 Approved October 3, 1979 registered land surveyor; and upon the filing of said plat with the Clerk and Recorder of Grand County, those tracts and parcels may be freely conveyed by their lot designation on said plat. 2. The Board of Trustees of the Town of Fraser may exempt from the applicability of these Regulations any tract being annexed to the Town of Fraser by Resolution Alp after the adoption of these Regulations, provided that said Resolution describes with particularity that division of property exempted from these Regulations, and said Reso- lution states that all other subdivions of that property shall be subject to these Regulations. Said Resolution shall be recorded with the Clerk and Recorder of Grand County. 3. Any division of property shall be exempted from the terms of these Regulations which is necessitated by the existence of a prescriptive easement or encroach- ment of a building or fence in existence at the time of the original adoption of these Regulations, and which does not create a new building site, or the division of any lot, parcel or tract of land in such a way that the remaining parcel shall not have leas square footage than that required in the particular zgne as determined by the Fraser Zoning Ordinance; and the parcel being con veyed shall be attached to an adjoining parcel; and such instrument of conveyance shall contain the follow- ing language: "This conveyance is madel'ursuant to. an exemption granted by the Fraser Subdivision Regulation, Section 5(B)(3), and said exemption provides, among other things, that when property is conveyed to an adjoining 1 a t property owner, that the tract conveyed shall always be conveyed with the present tract owned by the Grantee. Any other division or transfer shall only be upon compliance with the Town of Fraser Subdivision Regulations." 3.3 The Board of Trustees of the Town of Fraser may, pur- suant to rules and regulations or Resolution, provided that the utter is presented to the Planning Commission first, exempt from the definition of the terms "subdivision" and "subdivided land" any division of land if the Board of Trustees determines that such division is not within the purpose of this Regulation or that such division will have a minimum impact upon the residents of the Town of Fraser. Approved October 3, 1979 s 1 r w 1 1 i 1 1 1 1 1 1 1 ARTICLE IV. VIOLATIONS, PENALTIES, AND ENFORCEMENT 4.1 Whoever, being the owner or agent of the owner of any land located within a subdivision transfers or sells, agrees to sell, or ne ates to se i'1 any land by reference to or exhibition of or by use of a plat of a subdivision before such 'plat has been approved by the Commission and the Board of Trustees of the Town of Fraser, and recorded or filed in the office of the Grand County Clerk and Recorder shall be deemed to have violated this Regulation and shall be subject to a penalty fine of One Hundred Dollars ($100.00) for each lot or parcel so transferred or sold, or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds in the instrument of :transfer or other. document used in the process of selling or transferring shall not exempt the transaction from such fine or from the remedies provided in this section. In addition to the fine provided for herein the Town of Fraser may enjoin such transfer or sale or agreement by action for in- junction brought in any Court of competent jurisdiction. Any other. violation of the provisions of these Regula- tions may be punished by'a fine of up to Three Hundred Dollars ($300.00) and by imprisonment up to ninety (90) days. Each day of violation shall be a separate violation for purposes of the aforesaid fine and imprisonment. 4.3 In addition to all other remedies available to the Town of Fraser, no Permits, building or other, shall be issued by the Town of Fraser for the cca truction of any building, or other improvements requiring e Permit, upon any land for which a plat is required by this Regulation, unless and until the Approved October 3, 1979 IV -1 4 requirements hereof shall have been complied with. No Building Permit, except for public improvements, shall be issued prior to completion and acceptance of all public improvements (except street paving) required pursuant to this Regulation, unless waived by Resolution of the Board of Trustees. No person shall haws the right to rely agora the fact that a Perait was ism s& upon the mistaken belief that this Regulation had been complied with or was not applicable. The owner or agent of the owner is charged with the duty of determining whether there has been compliance with this Regulation. 4.4 The Town of Fraser shall not accept, lay out, open, improve, grade, pave, curb, or light any street or lay or author- ize water mains or sewers or connections to be laid in any street within any portion of a territory for which the Commission has adopted a major street plan unless such street: 1. Has been accepted or opened as or other- wise has received the legal status of a public.street prior to the adoption of such plan; or 2. Corresponds with a street shown on the official master plan or with a street on a sub- 4 division plat approved by the Planning Commission or with a street'en a street plat made by and adopted by the Commission. However, the governing body may accept any street not shown on or not corresponding with a street on the official master plan or on any approved subdivision plat or an approved street plat if the Ordinance or other measure accepting such street is first submitted to the Commission for its approval, and if approved by the Commission, is enacted or passed by not less than a majority of the entire membership of the governing body. Approved October 3, 1979 Iv 2 1 1 1 4.5 A street approved by the Commission upon submission by the Board of Trustees or a street accepted by two- thirds (2/3) vote after disapproval by the Commission shall have the status of an approved street as though it 8 has been originally shown on the official master plan or on a subdivision lat a the Commission or p Pproved by 4.6 had been originally platted by the Commission. 'ERECTION OF BUILD'INGS. After the time when the Commis_ ,sion has adopted a plan street major lan of the Cerrito municipal limits of the Town, no building within the ng shall be erected on any lot within such territory or part nor shall a Building Permit be issued therefor unless the street ivin a ccess t o g g the lot upon which such building is proposed to be placed: 1. Has been constructed in accordance with standards approved by the Board of Trustees of the Town and has been accepted or opened as or other- wise has received the legal status of a public street prior to that time: or 2. Corresponds with a street shown on the official master plan, with a street or subdivision plat approYed by the Planning Commission, with a street on a street plat made by and adopted by the Commission, or with asstreet accepted by the govern- ing body in accordance with the Provisions of Section 7(D) above. Any building erected in viola- tion of this section is an unlawful structure, and the Building Inspector or other appropriate official may cause it to be.vacated or have it removed. Approved October 3, 1979 IV -3 7"m 5.1 It is the duty of the Commission to make and adopt a master plan for the physical development of the Town of Fraser, including any areas outside its boundaries, subject to the ap- preval of the governmental body having jurisdiction thereof, which in the Commission's judgment, bear relation to the planning of the Town of Fraser. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the Commis- sion's recommendations for the development of said territory, including; but not limited to: 1. The general location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds and open spaces; 2. The general location and.extent of public utility corridors and terminals, whether publicly or privately owned or operated, for water, light, sanitation, trans- portation,. communication, power, and other purposes; 3. The removal; felocation, widening, narrow- ing, vacating, abandonment, change.,,of use, or ex- tension of any of the ways, grounds, open spaces, buildings, property, utility, or terminals "referred to in Paragraphs 1—and 2. of this sub- section A; and 4. A zoning plan for the control of the height, area, bulk, location and use orhuildings and premises. 5.2 As the work of making the whole master plan progresses, the Commission may from time to time adopt and publish,a•part thereof. Any such part shall cover one or more major sections Approved October 3, 1979 V 1 ARTICLE V. POWERS AND DUTIES OF PLANNING COMMISSION w 1 5.3 Approved October 3, 1979 v 2 or divisions of the Town of Fraser or one or more of the fore- going or other functional matters to be included in the plan. The Commission may amend, extend, or add to the plan from time to time. In.the preparation of such plan, the Commission shall make careful and comprehensive surveys and studies of present e conditions and future growth of the Town with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonius development of the Town and its environs which will, in accordance with present and future needs, beat promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, flood water, and other dangers, adequate q provision for light and air, the promotion of healthful and convenient distribution of popu- lation, the promotion of good civic design and arrangemknt, wise and efficient expenditure of public.funds, and the adequate provision of public utilities and other public requirements. 5.4 The Planning Commission shall continually update and review the Subdivision Regulations for harmony with the purposes of said Regulatidn and the growth o' the Town of Fraser. 5.5 The Planning Commission is responsible for making in- vestigations and reports on the design and improvements of pro- posed subdivisions and requiring conformity of such subdivisions with the Master Plan for the Toig, State Statutes, and this Regulation, utilizing the assistance and cooperation of elected and appointed officials of the Town, County and the State, as well as the services of consultants when required. No plat of a subdivision of land shall be filed and recorded until it has been approved by the Planning Commission and such approval indi- cated by the signature of the Chairman on the final plat. 5.6 The Planning Commission shall recommend such changes to the relevant Ordinances and other regulations as it may deem desirable to aid in accomplishing its assigned duties. 5 7 The Planning Commission shall perform all other duties assigned to it by the Board of Trustees of the Town of Fraser aid shall have all other powers and duties granted to it by Colorado Statutes and the rules and regulations promulgated thereunder. 5 8 The Planning Commission shall have the right to pre- pare a Master Street Plan for the area under its subdivision control, including a street numbering system. 5.9 When a subdivision or commercial or industrial activity is proposed which will cover five (5) or more acres of land, the governing body of the Town of Fraser or the Planning Commis- sion shall send notice to the Colorado Land Use Commission, 'the State Geologist, and the Board of County Commissioners of the County in which the improvement is located of the proposal prior to approval oi;.any zoning change, subdivision, or building permit application associated with such a proposed activity. Such notice shall be on a standard form, which should be supplied to the Planning Commission by the Colorado Land Use Commission. Approved October 3, 1979 v- 3 1 t 6.1 SKETCH PLAN. A sketch plan shall be required to be filed for all subdivisions prior to filing of a plat. •R- 1. The subdivider shall submit to the Planning Commission fourteen (14) copies of the sketch plan application, together with the supple mental•material hereinafter specified. The sketch plan shall be submitted at least twenty (20) days prior to the Planning Commission meeting at which the sub- divider wishes it to be considered. At the time of filing the.sketch plan, the subdivider shall pay the fee specified in Section 12.C. a. The sketch plan application shall be accompanied by a map or maps having outer dimensions no greater than twenty -four inches by thirty -six inches (24" x 36 and no smaller than eight and one half inches by fourteen inchel (8 1/2" x 14 Said map or maps shall depict the area to be subdivided and the manner.of subdivision in sufficient detail so as to allow meaningful review by the Planning Commission and other agencies frgm whom review.is requested. The plan sill also include a vicinity map which shall be a map of the Town of Fraser eight and one half, inches by fourteen inches (8 1 /2" x 14 which, shows the area to be subdivided in red. Approved October 3, 1979 ARTICLE VI. SKETCH PLAN AND PLAT Procedure for Submittal and Accompanying Materials V 1 b. The sketch plan application shall be in such form as may be adopted from time to time by the Planning Commission and approved by the Board of Trustees of the Town of Fraser, but in any case shall include or show the following: i. Number and type of units desired including the density f per square foot and per acre of the proposed subdivision. ii. All proposed uses within the subdivision. iii. Total area of the subdivision. iv. Percentage of ground used for: Buildings (including their proposed uses) Parking (including the number of parking spaces and their dimensions) Driveways (including those areas for access to parking spaces) Undeveloped space (including the proposed *layout and type of the undeveloped space) v. Number, name and address of all property owners within two hundred feet (200') of the development as •hown in the records of the Grand County Assessor. The name and address of the developer or his representative where comments and notices regard- ing hearings on the 'proposed subdivision are to be sent. vii. Current zoning and any proposed rezoning (Approval of a sketch plan shall be no representation as to the approval or disaneroval of any proposed rezoning) viii. The proposed transportation system providing access to, from and within the proposed subdivision, including estimated present and future traffic counts for the proposed subdivision. ix. The proposed method of handling solid waste and the location of any proposed collection points. Approved October 3, 1979 VI 2 .2. Not more than ten (10) days prior to delivery, but prior to said delivery, of: the sketch plan application and supplemental material required herein to the Planning Commis- sion, the subdivider shall mail a copy of all material to the following: All land owners within two hundred feet (200') of the development at their last known address as shown in the records of the Grand County Assessor's Office. The Fraser Police Department or the agency handling law enforcement for the Town of Fraser. The Fire Protection District in which the proposed development is located. The Fraser Sanitation District. Public Service Company of Colorado (if the proposed development is to be served by said Company) Mountain Bell Telephone Company Mountain Parks Electric East Grand School District The above mailings shall be accompanied by a letter in a form approved by'the Planning Commission (See Appendix A) advising the recipients that if they wish to submit written responses to the proposed development they must be'received by the Planning Commission of the Town of Fraser within twenty (20) days of the date of mailing. 'Said letter shall further advise that a hearing on the proposed development will be set by the Planning Commission and inquiry regard ing said date may be made with the Town:Clerk of. the Town of Fraser, Colorado. The subdivider shall provide the Planning Commission with a wettten Affidavit prior to the time of hearing reflecting the date of mailing and the names, addresses and legal descriptions of all parties to whom the plans were transmitted. Failure to properly mail the plan and /or provide the required Affidavit shall be grounds for denial of approval of the Approved October 3, 1979 VI 3 4. 3. The Planning Commission, upon receipt of the sketch plan application and the supplemental material required pursuant to this Regulation, may submit said material to additional review agencies'or individuals and shall post one (1) copy of the proposed plan in the office of the Town Clerk and ene (1) copy of the proposed plan in the Post Office (if allowed by postal employees). Notice of the hearing on the proposed sketch plan shall be published at least one (1) time prior to the hearing. Said notice shall be in a form approved by the Planning Commission. (See Appendix C) 4. At the next regular meeting of the Planning Commission, or if said plan cannot be heard at said regular meeting, within thirty (30) days following sub- mittal of all required material, the Planning Commission shall hold a hearing and inform the subdivider of its approval, disapproval, or conditional approval of the proposed development. Any conditions of approval shall be stated in the record of the Planning Commission or, if the plan is disapproved, the Planning Commission shall state its reasons for such disapproval. The Planning Commission may continue the hearing on a sketch Approved October 3, 1979 sketch plan or for a continuance of. the hearing on the sketch plan. The Affidavit reflecting the notification of the developer shall be on a form approved by the Planning Commission (See Appendix B) and the developer shall be required to record said Affidavit with the Grand County Clerk and Recorder to insure that all adjacent property owners are aware of the proposed subdivision. VI -4 i Approved October 3, 1979 conditional approval Commission; the plan Trustees of the Town ditional approval or plan.for not more than thirty (30) days after the initial hearing date for final consideration. Any continuance beyond said thirty (30) days shall be authorized only upon consent of the subdivider. Prior to approval or conditional approval of a sketch plan, the Planning Com- mission shall consider whether or not the proposed subdivision conforms to the approved Master Plan, if any, the design criteria of these Regulations, and whether or not the proposed subdivision will have adequate access to, from and within the development, adequate fire and other protection and such other planning criteria as the Planning Commission deems appropriate. 5. Within forty -five (45) days after approval or of the sketch plan by the Planning shall. be submitted to the Board of of Fraser for its approval, con disapproval. The subdivider steal be advised of the date and time when the proposed sub- division will be considered by the Board of Trustees by written notice mailed not less than five (5) days prior to the meeting at which the sketch plan shall be considered. The coiditions of any approval or reasons for disapproval shall be stated„ the records of the Board of Trustees. The Board of Trustees shall not have the authority to approve a sketch plan disapproved by the Planning•Commission. 6. Upon approval or conditional approval by the Planning Commission and the Board of Trustees of the Town of Fraser, a sketch plan shall be valid for a period of one (1) year after the date of the last approval. The developer may proceed during said period with the design of his development and the submittal of his plat, subject to all other applicable regulations. VI -5 1 6.2 PLAT. A plat shall be required for all subdivisions within the Town of Fraser and no plat shall be submitted until a sketch plan has been approved or conditionally approved by the Planning Commission and the Board of Trustees of the Town of Fraser. Said plat shall be submitted within twelve (12) months after the last approval of the sketch plan, unless said plan has been extended by the Planning Commission and the Board of Trustees. A plat shall not be submitted or con- sidered by the Planning Commission for approval until all of the following requirements are completed: 1. A sketch plan has been approved or con- ditionally approved by the Planning Commission and the Board of Trustees of the Town of Fraser and all conditions of any conditional approval have been complied with. 2. A11 fees required for consideration of the plat shall have been paid; said fees shall be as set Approved October 3, 1979 forth in Section 3. Any variances required or rezonings necessary for the subdivision have been approved, in writing, by the appropriate entaities required to approve said variances or rezonings. 4. If any hazardous conditions or other conditions requiring'unusual construction methods,or special engineer- ing for the type of development contemplated on the sub- divided property, detailed drawings and specifications, approved by the necessary agencies involved in the specific hazard or special condition shall be submitted with the plat. 5. Approvals shall be submitted from the following entities: VI 6 r Approved October 3, 1979 a. The Board of Directors of the Fraser Sanitation District reflecting approval of the design of the sewage collection system and a copy of the agreement to serve the proposed subdivision. Said agreement may be in the form of a letter reflecting the Board of Directors' obligation to serve the proposed subdivision. b. The Board of Directors of the Fire Protection District, approving the layout of the fire hydrants and a letter stating that any special equipment necessary to fight fires in the proposed subdivision has been or will be provided pursuant to agreement satisfactory to the Board of Directors of the• District. M 0. A Certificate from a qualified pro- fessional engineer, approved by the Town and paid for by the developer, stating that all of. the design criteria for roads, area calcula- tions, boundary calculations and other engineering data is accurate and in conformance with these Regulations. The Town shall designate the qualified professional engineers from whom said Certificates may be accepted and the cost of obtaining any such Certificate shall be paid by the subdivider directly to the Town who in turn shall reimburse the engineer selected by the sub- divider. d. A representative, designated by the Board of Trustees, shall certify the approval of the road design and specifications for construction of any. special facilities necessary prior to the Town's accepting the roadways for maintenance. VI 7 •s.. e. If any access is proposed directly onto a State Highway, approval by the Colorado State High- way Department of the design of any such access. f. If any access is proposed directly onto a County road, approval of the Grand County Road Department accepting the design of any such access. g. Approval by Mountain Parks Electric of any electrical distribution system designed for the proposed subdivision and the easements required for said system. h. If natural gas is proposed, approval of the proposed gas distribution system and easements within the subdivision by Public Service Company. i. Approval by Mountain Bell of the communi- cations line design and easement locations for telephone communications. j. A Certificate by the Fraser Town Attorney approving the form of the dedications, the title assurances and in general the format of the plat. k. An approval, by a trash removal company, stating that trey will serve the subdivision and approve the location of all trash collection points, particularly any dumpster'isites located within the proposed subdivision. 1. A Certificate by a qualified professional engineer who is.approved by'the Town, approving the snow removal planthe storm drainage plan, the domestic water system plan, any plan required to handle flooding, and any other required engineer- ing designs. Approved October 3, 1979 VI 8 i 1 Approved October 3, 1979 m. Approval by the Board of Trustees of the Town of Fraser of the proposed domestic water system. n. Approval by the Town Attorney of the pro- posed form and system of guarantees for the public improvements required by these Subdivision Regulations. The foregoing approvals shall be obtained prior to submittal of the plat to the Planning Commission and the failure to obtain the required approvals prior to the submittal of the plat may be the basis of denial of the plat by the Planning Commission. 6. The plat shall contain or be accompanied by the following information: a. Title, scale, North arrow (North being at the top of the plat) and date. b? Legal description of property, together with a complete reference to the Book and Page of the records of the County Clerk and Recorder where the conveyance to the subdivider is recorded. c. Primary control points, or descriptions and ties to such control points, to which all dimensions, angles bearings, and similar data on the plat shall be referred. d. Tract boundary lines, right -of -way lines of streets, easements and other rights of -way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs, ancl, central angles of all curves with long chord bearings and distances. e. Name and right -of -way width of each street or other right -of -way, together with block numbers and street addresses. VI 9 4 Approved October 3, 1979 f. Location, dimensions and purpose of any easement, including reference by Book and Page to any pre- existing recorded easements. g. Number to identify each lot or site and square footage of each site to the nearest square foot. h. Purpose for which sites, other than resi- dential lots, are dedicated or served. i. Location and description of monuments. j. A Title Insurance Commitment dated within one (1) business day of the date of recording the plat showing that the subdivider is the owner of all the land to be platted and that all roads, streets, easements, and other rights -of -way and all lots, tracts or sites dedicated or to be conveyed for public use, or for common use by all lot owners, are free and clear from all liens and encumbrances, except Patent reservations, and except liens and encumbrances which cannot be extinguished, released, or purchased by the developer. If such land is encumbered by the developer, it shall be sufficient if the lien holder joins in the dedication. k. Statement by owner and lien holders platting the property and dedicating the streets, rights -of- way, easements, and any sites for public uses, to be in substantially the following form: DEDICATION KNOW ALL MEN BY THESE PRESENTS: That(Owner's and Lien Holder's Name) are /is the owner of that real property situated in the Town of Fraser, Colorado, more fully described as follows: (Legal Description), that VI 10 Approved October 3, 1979 he /they has /have caused said real property to be laid out and surveyed as (Subdivision Name) and does /do hereby dedicate and set apart all the streets, alleys and other public ways and places shown on the accompanying plat for the use of the public forever, and does /do hereby dedicate those portions of said real property which are indicated as easements on the accompanying plat as easements. IN WITNESS WHEREOF, (Owner's and Lien Holder's Name has /have caused hie /their name to be here- unto subscribed this day of 19 STATE OF COLORADO COUNTY. .OF GRAND ss Th'e foregoing instrument was acknowledged before me this day of Lien Holder's Name). Witness my hand and official seal. My commission expires: SEAL 1. Certification by a Surveyor insuring the accuracy of the survey and plat and certifying that he has com- plied with the requirements of Colorado Revised Statutes, 1973, Chapter 38, Articles 50 and 51, and the requirements of these Regulations in thellreparation.of the final sub- division plat, to be in substantially the following form: SURVEYOR'S,CEtTTFZCATE I, (Surveyor's Name) a duly registered land surveyor in the State of Colorado, do hereby certify that this plat of (Subdivision Name) truly and VI 11 (Owner's and Lien Holder's Name) 4 Notary Public 19 by (Owner's and 1 1 i t 1 1 1 1 1 1 1 'R (Surveyor's stamp and registration number shall appear with this Certificate.) m. Certificates for approval by the Planning Commission and the Board of Trustees as follows: PLANNING COMMISSION CERTIFICATE Approved this day of 19 by the Town of Fraser Planning Commission, Grand County, Colorado. i Approved October 3. 1979 correctly represents the results of a survey made by me or under my direction, and that said plat complies with the requirements of Chapter 38, Articles 50 and 51, Colorado Revised Statutes, 1973, and that the monuments required by said Statutes and by the Town of Fraser Subdivision Regulations have been placed on the ground. TRUSTEES! CERTIFICATE Approved and all public dedications accepted this day of 19 by the Board of Trustees of the Town of Fraser, Colorado. 4 (Surveyor's Name) Chairman Mayor, Town of Fraser, Colorado n. Certification by a qualified professional engineer, designing or planning fir)n, approved by the Planning Commission and the Board of Trustees of the Town of Fraser,' insuring compliance with the design standards and all othez equirements of the Fraser Sub- division Regulations as follows: PLANNER'S (ARCHITECT) CERTIFICATION I, (We), (Firm or Individual's Name) being a qualified professional engineer, or engineering, VI 12 s Approved October 3, 1979 designing or planning firm, certify that this plat of (Subdivision Name) has been engineered, designed and planned in accordance with all applicable design standards and other requirements of the Fraser Sub- division Regulations. (Where appropriate Architect's or Engineer's Stamp) o. A two and one -half inch by three inch (2 1/2" x 3 vertical box in the lower right -hand corner shall be provided for use by the County Clerk and Recorder. p. The executed original of the Restrictive Covenants. q. A vicinity map. r. The subdivider shall provides. i., Storm drainage and snow removal plans and related designs in order to insure proper drainage ways and connections to existing storm d -airs, ditchways, snow storage, etc. Said plans shall include the depth and grade Authorized Signature VI 13 Title of such lines and ways and the dimensions of all snow removal and storage areas. ii. Sanitary sewer plan in conformance with the Fraser Sanitation District Regulations. iii. Domestic4ater system plans reflecting the connection to the existing Fraser water supply. s. The subdivider shall provide sites and land areas for parks to serve the proposed subdivision and i. In the case of a subdivision of land into multiple dwelling units on land which has not been previously approved as a lineal sub division, the subdivider shall dedicate ten per cent (10 of the gross area of the land to the Town for a public park site. Said require- ment may be waived in whole or in part by the Town Board if there is sufficient park space already provided for the future residents of the proposed subdivision. ii. With the approval of the Planning Commission and the Board of Trustees of the Tdwn of Fraser the developer may, in lieu of i. above, dedicate land areas and sites for the use and benefit of the owners and future owners in the proposed subdivision. t. No subdivision shall be approved until such data, surveys, analyses, studies, plans and designs as may be required by this Section and by, the Town Planning Commission or the Bpard of Trustees have been submitted, reviewed and found to meet all sound planning and engineering requirements of the Town. 7. The plat shall be prepared by the use of India ink or some other,egnally'substantial solution on tracing cloth or myla with outer dimensions of twenty -four inches by thirty -six inches (24" x 36 Good draftsmanship will be required in order for all information to be accurate and legible. Any improve- Approved October 3, 1979 VI 14 the future residents thereof. Such provisions may include: 1 1 i 1 1 1 1 1 Approved October 3, 1979 ments needing engineering design, such as drainage requirements, requirements for stabilizing unstable land, and sewer and water system requirements, shall be designed by a registered engineer hired by the developer and reviewed by an engineer approved by the Town, and such design shall be submitted along with the approval of the Town's engineer along with the plat. The plat shall be prepared in the follow- ing manner: i. The legal description and all dedi- cations and approvals required by these Regulations shall be on the first sheet and immediately following sheets, if necessary, of the plat. The form of said sheet or sheets shall be as required by these Regula- t ons and approved from time to time by the Planning Commission and Board of Trustees of the Town of Fraser. ii: The second sheet of the plat shall be one over -all map showing all land being subdivided and bordering roads and lots. The scale of sai4 map shall be as large as practical, allowing for the inclusion of the entire develop- ment on one sheet. iii. The third and subsequent sheets as necessary shall show the subdivision of the property at a scale of not less than one inch (1- equals fifty fee; (50') in the case of a land subdivision and not less than one inch (1 equals twenty feet (20') in the,case of a condo- minium, townhouse or apartment development. VI 15 1 1 i 1 at- Approved October 3, 1979 v. The plats referred to herein shall be in con- formance with these Regulations and the provisions of Sections 38 -50 -101, et sea, 38 -51 -101, et seq, 31- 23 -103 and 31 -23 -105, C.R.S.,•1973, as amended. 7. The plat shall be processed as follows: a. Within the period of time set forth after approval of the sketch plan, the original and two (2) copies of the proposed plat, together with two (2) copies of the supplemental material shall be filed by the subdivider with the Planning Commission. Within thirty (30) days after the filing of all necessary materials for plat submission, as required by these Regulations, the Planning Commission shall app ;oye or disapprove the plat. Failure of the Planning Commission to approve or disapprove the plat, unless the time period is extended with the con- sent of the subdivider, within the said thirty (30) days, shall be deemed an approval of the plat. The plat shall substantially conform to the sketch plan and shall be accompanied by the name and address of the subdivider'of his authorized representative to whom notice of the hearing oo the plat shall be sent by registered mail at least five (5) days prior to the hearing before the Planning Commission. If the plat is disapproved, the Planning Commission shall set forth in writing its reasons for disapproval. Such statement of reasons for disapprovf shall be forwarded to the subdivider or his authorized representative. b. Following approval of the plat by the Planning 1 Commission, the Planning Commission shall retain the plat, together with all supplemental documents for VI -16 Approved October 3, 1979 presentation to the Board of Trustees of the Town of Fraser at its next regular meeting. The Board shall check the plat, especially with regard to required improvements and acceptance of areas dedicated for public use, and shall approve or disapprove the plat. At such meeting the required guarantees of completion of the roads and improvements shall be provided by the subdivider. c. If all required improvements have not been completed or guarantees of completion submitted and approved by the Planning Commission or Board of Trustees, the plat shall be retained by the Planning Commission pending said, completion of guarantees. d. No changes, erasures, modifications or revisions shall be made in a plat after approval has been given by the Planning Commission, :except upon further consideration by the Planning:Commission, and its permission being given.:, Following approval of the plat and`the completion all necessary improve manta or the guaranteeing :thereof, the plat shall be recorded in the office ofthe Grand County Clerk:and Recorder. The subdivider shall advance all recording r�. fees and the costs of obtaining two (2) copies of all documents with the Grand County Clerk and Recorder shall, also be paid for by the subdivider. VI 17 ARTICLE VII. DESIGN STANDARDS Each new subdivision platted in the Town of Fraser, to some degree, affects the character and environmental appeal of the land, the cost of services and maintenance to the purchasers and the Town govern ment, nr4 the interests of investors in the subdivided land and surrounding areas. Access to all subdivisions shall be adequate and prior to approval of any subdivision the developer shall provide safe, convenient travel routes to and from and within the sub- division. Each lot shall provide a desirable setting for con- struction so that natural features of the land may be preserved views protected, privacy permitted and screening from trafficways made possible. Area needs for flood channels, open space, parks, schools, fire stations, water and sewage treatment facilities and similar community facilities must be provided depending on the location and density of each development. Although Article 12 of these Regulations provides for variances under certain circumstances, the following design standards should be followed wherever possible unless the requirements are met by the approvals provided for in Article VI, Sectign 6.2,, paragraph 5. of this Regulation; 7.1 SPECIAL SITE CONSIDERATIONS. Approved October 3, 1979 viI 1 1. Steep, unstable or swampy land, and land sub- ject to inadequate drainage, geological hazards, avalanche or rock slides, shall be identiftbd and unless acceptable provisions are made for eliminating or controlling problems which may endanger health, life or property, such sites shall not be platted for residential occupancy. Land not usable for residential purposes may be set aside for open land uses, such as for parks, conservation areas or various agricultural uses. Approved October 3, 1979 2. Any land subject to flooding or located in a natural drainage channel or in a fire hazard area shall not be platted for occupancy until adequate provisions to eliminate or control hazards are made and approved by the Planning Commission. These provisions shall be made to protect the health, safety and welfare of the public, as well as to eliminate any flood or fire hazard result `ing from the development of the area. Areas subject to flooding may be left as open space or reserved as ease- ments. 3. Where a residential subdivision borders a rail- road or highway right -of -way, the Planning Commission may require a buffer strip of such an extent and type as may be practical, or other adequate protection against hazards and undesirable effects of the railroad or highway, such as a fence installed by developer prior to conveyance of the lots. 7.2 STREETS, ALLEYS, AND EASEMENTS. 1. Streets shall be aligned to join with planned or existing streets adjacent to the subdivision. The Planning Commission may require streets and roads to provide direct, continuous route to all adjacent lands, whether such adjacent lands have been subdivjded or not, where no other legal access exists. The location of streets providing access to adjacent lands shall be selected by the subdivision planner, provided such location shall be reasonably calculated to provide, usable access to the adjacent lands. Temporary cul de sacs shall be provided at the end of any street giving access to adjacent lands until connecting streets on the adjacent lands have been constructed. VII 2 Approved October 3, 1979 VIZ- 3 2. Streets shall be designated to bear a logical relationship to the topography. 3. Whenever streets are not aligned, off -sets shall be at least one hundred thirty -five feet (135'), center- line to centerline. 4. Intersections shall be as nearly at right angles as possible, with no intersections designed at an angle of less than seventy five degrees (75 5. Cul de sacs shall be permitted, provided they are not more than five hundred feet (500') in length, and have a turnaround diameter of at least ninety feet (90'), unless the topography dictates the use of a longer cul de sac, in which case, the approval of the Planning Commis- sion shall be obtained. The drainage should be toward the intersecting street,•or a drainage easement shall be required between the cul de sac and the rear lot line of the lowest lot. 6. Dead end streets, with the exception of cul de sacs, shall be prohibited. 7. Restriction of access shall be required when a subdivision or portion thereof adjoins an arterial high- 4 way. Marginal access streets, reverse frontage with screen planting contained in a no&-access reservation, deep lots or similar treatment shall be required to reduce the impact of the traffic on residential properties and to avoid interference with the movement of the traffic on arterial highwas. 8. Half streets shall be prohibited. When a ro p posed half street in one subdivision is adjacent to another property, the approval of the adjacent owner shall be 1 1 1 1 1 1 i 1 1 Approved October 3, 1979 VI/ 4 obtained and the entire street shall be platted and dedi- cated by the owners. The responsibility for acquiring the additional right -of -way shall be with the subdivider. 9. Reverse curves on arterial highways shall be joined by a tangent at least two hundred feet (200') in length. 10. Reverse strips, controlling access to streets, are permitted only when the control of such strips is given to the Town under conditions approved by the Planning Commission. 11. Street widths and grades shall be as follows: Right -of- Surface Minimum Maximum Classification Way Width Width Grade Grade Arterial Highways 150' 70' .5 54 Arterial Streets 100' 50', .5 6% Collector Streets 80' 40' .5 7# Local Streets More than 1 lot /acre 60' 30' .5 7% Less than 1 lot /acre 60' 24' .5' 7% Marginal Access Streets 60' 24' .5 7% Alley Where Permitted 20' 20' Sidewalks Business 10' -20' Residential 36' Basements 20' 5 12. Alleys and easements: a. Alleys in residential subdivisions shall be prohibited unless they are necegsary to continue an existing pattern. b. Alleys shallba: provided in'commercial and industrial vipept that this provision, may be waived when other provisions are made and, approved for service access. c. Easements of not less than twenty feet (20') in width shall be provided along all rear lot lines and along certain side lot lines for utilities when alleys are not provided. Such ease- ments may be provided by ten foot (10') easements on each of the adjoining lots. Utility easements at different locations may be provided upon recom- mendation by the affected utility companies and approval of the Planning Commission. 7.3 BLOCKS. 1. Blocks should be more than four hundred feet (400'). in length, but less than one thousand feet (1,000'). 2. Block lengths and widths shall be suitable for the uses contemplated and the zoning or other land use requirements pertaining to minimum lot sizes and dimensions. 7.4 LOTS. 1. Lot dimensions and sizes shall conform to appli- cable zoning and other land use requirements. 2. Each lot shall have access to a dedicated street. 3. Lots with double frontage shall be avoided except where essential to provide separation from major arterials or incompatible land uses. 4. Side lot lines shall be substantially at right angles or radial to street lines. 7.5 DEDICATIONS AND PUBLIC AND PRIVATE RESERVATIONS. 1. Dedication of rtthts -of -way for streets giving access to adjacent lands and adjoining dedicated streets, and drainage and utility easements shall be required. 2. The Planning Commission shall require the dedi- cation, reservation or conveyance of areas or sites Approved October 3. 1979 VII 5 1 1 1 1 i 1 1 1 .3. Reference shall be made to the Town of Fraser Comprehensive Plan in order to determine general locations for various public facilities. 7.6 'DESIGN STANDARDS FOR DRAINAGE, SEWER AND WATER. 1. Storm drainage. a. Land within an existing one hundred (lOO) year flood plain or land which is subject to inun- dation shall not be platted for occupancy, unless the flooding condition is alleviated according to plans approved the Planning Commission and the Board of Trustees. Areas sufficient for snow storage shall be designated on all lots prior to approval of the final plat, Approved October 3, 1979 suitable for public purposes such as parks, flood channels, scenic areas and green belts, of twenty per cent (20'x) of the total area of the subdivision for lineal subdivisions. (Lineal subdivisions as used herein refers to the traditional subdivision of land not previously subdivided by official plat filing and does not refer to such sub- divisions as condominiums and townhouses.) VII 6 Approved October 3, 1979 2. Sewer plans and designs. A. On -lot sewage disposal systems shall not be permitted within a subdivision. b. Sanitary sewer plans shall comply with applicable standards and technical procedures adopted by the Colorado State Board of Health, or applicable standards of the applicable local sanitation district. :3. Water supply. a. All subdividers, provided that the Town has the legal and physical supply of water neces- sary,shall be required to lay pipelines in con formance to standards adopted by the Town of Fraser and to connect with the Town of Fraser iiateN; system. b. All water lines shall be laid at the expense of developer, including tapping on fees from the nearest eight inch (8 water main, all water mains shall have a minimum eight inch (8 diameter. The Town of Fraser shall collect all fees required by Ordinance upon connection to the water system installed by the developer. 7.7 STANDARDS FOR "CONDOMINIUMS TOWNHOUSES AND APARTMENTS. 1., All design standards set forth above shall apply to the construction of and development of condominiums, townhouses and apartment houses which are subject to these Regulations. In addition, there shall be a maximum density tea of one (1) unit per two thousand one hundred seventy eight (2,178) square feet of property subdivided and sixty per cent (60%) of the area subdivided shall be open space. VII •7 VIII 1 In each new subdivision, the subdivider and the Planning Com- mission shall agree on the type, location and extent of neces- sary public improvements depending on the characteristics of the proposed development and its relationship to surrounding .areas. Improvements shall be made by the subdivider at his expense according to standard specifications prepared by a qualified professional engineer and approved by the Planning Commission. 8.1 'SURFACE IMPROVEMENTS. 1. Permanent survey monuments shall be set as required Colorado Revised Statutes, 1973, Chapter 38, Article 50. In addition, one half inch (1/2 steel pins (or larger) shall be at all lot corners. Affixed securely to the top of each such monument shall be the Colorado registration number of the land surveyor responsi- blefor the establishment of said monument. 2. Streets. s A. A gravel surface meeting or exceeding the County road standards promulgated by the Board of County Commissioners shall be the mini- mum requirements unless specific standards are developed and approved by the Planning Commission or the Board of Trustees' of the of Fraser. 3. Curbs, gutters and sidewalks shall be required where the Planning Commission deems them necessary for the proper drainage of storm water or for the protection of public safety and welfare. Approved October 3, 1979 ARTICLE VIII. IMPROVEMENTS REQUIRED 8.2 purposes. 4 2.. Public sewage collection, treatment and disposal facilities 9ha11 be required in aubiiivisiona. Subdividers and others interested in land development should investi- gate sewage disposal aspects.. prior to .and acquisition. All sewer lines shall be installed before any lots are sold, provided however this provision may be' modified pursuant to the terms of a Subdivision ;Improvement Agree- ment as hereinafter provided for.' 3. Storm drainage provisions shall be accomplished according to the conditions stated on the sketch plan for easements, culverts, check dams, etc. Approved October 3, 1979 4. Street name signs shall be installed at all intersections in the subdivision, according to the street names approved by the Planning Commission and the Board of Trustees. All signs shall be in conformance with standards established by the Planning Commission and the Board of Trustees of the Town of Fraser. 5. Trees may be planted and are encouraged in all new subdivisions in open areas. All road cuts and fills shall be replanted or seeded to grass by the subdivider. 4. All combustible materials and other debris, in- cluding fallen trees and stumps removed from the sub- division roads, shall be removed periodically from the subdivision during the period of construction. UTILITIES. 4 public water system and fire hydrants shall be required in all subdivisions. Water lines shall be designed to connect each lot with mains not less than eight inches (8 in diameter.• Fire hydrants shall be. spaced not more than five hundred feet (500') apart and provided with adequate water pressure for-fire fighting VIII 2 4. Underground placement of utility lines is encouraged in order to preserve the natural character of the country. 8.3 OTHER IMPROVEMENTS. Other improvements not specifically mentioned herein but found appropriate and necessary due to unusual con- 11r ditions found on the site shall be constructed at the subdivider's expense within such time and in conformance with such specifications as deemed necessary and appropri- ate by the Planning Commission. 8.4 GUARANTEE OF COMPLETION. 1. A Subdivision Improvement Agreement (see Appendix D for sample Agreement) agreeing to construct any required public iiprovements shown in the final plat documents, together with collateral which is sufficient in the judgment of the Board of Trustees, to make reasonable provision for the completion of said improvements in accordance withr design and time specifications; or 2. Other agreements or contracts setting forth the plan, method and parties responsible for the construction of any required public improvements shown in the final plat document's, which in the judgment of said Board, will make reasonable provision for completion of said improve- ments in accordance with design and time specifications. 3. As improvements are completed, the subdivider r may apply to the Board of Trusses for a release of part or all of the collateral deposited with said Board. Upon on -site inspection and approval, the Board shall release said collateral. If the Board determines that any such improvements are not constructed in substantial compliance with specifications, it shall furnish the subdivider a Approved October 3, 1979 VIII 3 list of specific deficiencies and shall be entitled to withhold collateral sufficient to insure such sub- stantial compliance. If the Board of Trustees determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the Board of Trustees may withdraw and employ from the Approved October 3, 1979 deposit of collateral such funds as may be necessary to construct the improvement or improvements in accordance with such specifications. Dedications and easements shall be deemed accepted by the Town when all improve- ments are completed VIII 4 9.1 PURPOSE. To minimize the procedural requirements and review time for subdivisions involving developments of less than four (4) dwelling units which have a relatively mini mal. impact on the planning area and lineal subdivisions involving not more than four (4) lots which do not create any additional parcels.. This section shall not apply to lineal subdivisions which involve the redivision of pre- viously approved platted subdivisions unless not more than four (4) lots are involved and no additional lots are created. Except as provided'above, any such.redivision'shall fully comply with :the requirements of this Regulation. a 9.2 DATA TO SUBMITTED. 1. Two (2) copies of a minor subdivision plan containing the fallowing: a. Name of the subdivision; b. .Written and graphic scale at a mini- mum of twenty feet (20') to one inch (I 1 c. North arrow (North shall be at the Approved October 3, 1979 ARTICLE IX. ✓MINOR SUBDIVISIONS top of the plat); d. Date preparation; e. Lot lines to the nearest foot; f. Street dimensions to, the nearest foot; g. Location of structures; h. Zoning and existing densities on adjoi properties. A letter of approval from the Fraser Sanitation District. 3. A written statement containing the following: a. Gross square footage for the subdivision; IX 1 b. Number and type of units; c. Square footage of drives and open parking and percentage of the total area of subdivision; d. Square footage and percentage of open space; e. Square footage cove by building or 1 0- structure and percentage of total acreage; f. Square footage of each lot; g. A legal description of the total subdivision area; and h. Names and addresses of property owner and subdivider. 4. Proof of ownership by Title Insurance Commitment dated not more than one (1) business day prior to the date of recording of the plat. 9.3 pram_ A plat as required by Section to be recorded, unless wa v_. .y the Planning Commission. Financial security for public improvements may be required by the Board of Trustees. Approved October 3, 1979 4 IX -2 y +a 10.1 forth. Approved October 3, 1979 ARTICLE X. ADMINISTRATIVE PROVISIONS VARIANCES. 1. The Planning Commission may authorize variances from these Regulations in cases where due to exceptional topographical conditions or other unusual conditions peculiar to the site, an unnecessary hardship is placed on the subdivider. 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 theintent, and purpose, of these Regulations. The conditions of any variance authorized'ehall be stated in writing in the Minutes of the Planning Commission with the justifications set 2. These Regulations may be modified by the Plan- ning Commission in the case of a plan for an entire neighborhood, community, or planned unit development having a development and.building program that, in the judgment of.the Planning Commission, provides for adequate open spaces, traffic circulation and service needs when fully developed and populated. Variances may be granted subject to the approval of a site plan and the following provisions: a. The plan sha],J cover'an area of not less than five (5) acres. b.. Parks or open space platted within the large scale development plan shall be: X 1 (i) Retained in title and main- tained by the developer for the benefit of the residents through fees, lease arrangement or other acceptable methods; or (ii) Deeded to an organization com- posed of the homeowners in the development and subsequently maintained by them. c. Covenants, restrictions, financial guarantees and other legal assurances to guarantee that the plan will be followed and developed shall accompany the plat. 3. Variances may be authorized only after due notice has been given and acknowledged by the property owners within two hundred feet (200') of the area to be developed. 10,2 AIONDMERT. The Planning Commission and Board of Trustees may amend the requirements of these Regulations ,after giving public notice of any ,auch proposed amendment and after .holding a public hearing thereon. 10.3 'FEES. 1. In order to cover the costs of reviewing and other expenses incidental to the review of the sub- division, the subdivider shalt pay a fee as calculated below. Approved October 3, 1979 2. The required fee shall'be paid in full at the time of application for approval of the sketch plan or application for qualification as a minor subdivision. No sketch plan or application for qualification as a minor subdivision shall be considered by the Planning Commission until such fee is paid in full. No fees are X 2 sr .:t ATTEST: ATTEST: refundable for any processing or partial processing of a' subdivision plan or plat. 3. Subdivision fees shall be calculated as follows: Residential areas applied for, with Commercial areas $200.00 per each 40,000 square feet or any fraction thereof. Industrial areas $100.00 per 40,000 square feet or any fraction thereof. Minor Subdivision Qualification $75.00 APPROVED AFTER PUBLIC HEARING by the Fraser Planning Commission the 3 of (15 i)REA 1979. Ag i z,' "74. 44.4"..1A,A.., Secretary APPROVED BY the Board of Trustees of the Town of Fraser the of 1979. Town Clerk X 3 per dwelling unit of $100.00 ✓J day... 1 i 1 1 1 1 1. Name of Development: 2. Name of Developer: APPLICATION FOR SKETCH PLAN APPROVAL (Use attachments as necessary) 3. Name, Address and Telephone Number of Developer's Representative: 4. Total area of development: a. acres b. square feet 5. Number and type of units proposed: 6. Density of Units per square foot an¢ per acre: a. Per Square Foot b. Per Acre 7. Percentage of ground used fors a. Buildings (including their' proposed uses) Approved October 3, 1979 r.r b. Parking (including dimensions and number of spaces) c. Driveways (including those arees for access to parking spaces) d. Undeveloped Space (the proposed layout and type of un- developed space is to be shown on' the map) 8. A description of all proposed uses within the Subdivision: Number, Name, Address and legal description of all property and property owners within two hundred feet (200') of the development as shown by the Assessor's record. (Use attachment if necessary) 10. Current zoning (Include map and /or legal description if property has more than one zoning district) 11. Proposed rezoning (include map and /or legal description if property is to have more than one zoning district) 12. Describe access from and within the proposed subdivision (include description of all rights -of -way widths from nearest entry to U.S. Highway 40 and all rights -of -way widths within the subdivision) 14. Describe the proposed method of handling solid waste: Estimated traffic within and to the subdivision. Describe by map and /or legal description the location of any proposed collection points. a. Streets: Length s feet Describe all public improvements required for this development includ ing estimated costs, including but not limited to: Approved October 3, 1979 Surface (Gravel. amphxlt, Ptr_) Cost b. Alleys: Length feet Surface Cost c. Street Signs: Number Location (show existing and p roposed) Cost Revegetation plan for street nda11ey cuts and fills: 9 j• Approved October 3, 1979 Grubbing and disposal of debris plan for street and alley construction (including cost and provision for periodic removal) f. Sidewalks, curbs and gutters: Location Coat Sewer Lines: Length feet Size inches Cost Water Line: Length Size (Minimum of 8 cos t. Fire ydrants: feet N er Location (Show exis and proposed) Cost Surveying including monumentation of all lots with 1/2" steel pins and caps: Costs k. Storm drainage Plan: Coat: 1. Other improvements Rroposed or required: 17. Proposed method of guaranteeing construction of improvements: r!a 18. Name and address of all parties who currently have an interest in the property to be subdivided (include owners surface and mineral; mortgagees; easements; rights -of -way; reservations; restrictions; and reversion holders) Approved October 3. 1979 19. Such additional information as Applicant deems appropriate: Gentlemen: Pursuant to the Fraser Subdivision Regulations, an Application is being filed by the undersigned for Sketch Plan approval of the Sub div aion proposed in the enclosed Application and Map. Under the Subdivision Regulations of the Town of kraaer, you have 20 days from the date of the mailing of this letter to make written responses to the proposed development to the Town Planning Commission. The responses may be mailed to the Fraser Planning Commission, P.O.. Box 126, Fraser, Colorado, 80442, or hand delivered to the Town Clerk at the Town Hall, 200 Eisenhower Drive, Fraser, Colorado.: You are also invited to attend the public hearing which will be held by the Planning Commission to consider this proposed Subdivision. The date of hearing will be scheduled by the Planning Commission within the next few days and if you wish to know the date, please contact the Town Clerk for the Town of Fraser. Notice of the date will be published in the newspaper. Approved October 3, 1979 APPENDIX A (Letter to Review Agencies) 4 Yours truly, BY (Name of Developer) -4. Address: Telephone: V a T. STATE OF COLORADO COUNTY OF as Approved October 3, 1979 APPENDIX B The undersigned, being first duly sworn hereby states and affirps that he /she personally on the day of 19 placed in a depository of the United States Postal Service properly addressed, postage prepaid, envelopes containing the Sketch Plan Appli- cation and map for the (Name of Proposed Subdivision) Subdivision as well as the letter of transmittal required by the Fraser Subdivision Regulations. Said envelopes were addressed to the parties described in the attached Exhibit "A" and informed said parties of the proposed (Name of Pro sed Subdivision) Subdivision which is located on the following described property in or to be annexed to the Town of Fraser: (Description of land to be developed) and involves the creation of the following Subdivision and /or development: (Describe the Subdivision by number of units and type of .development such as single family, multi- family, business and industrial units or acres) DATED THIS da o f 19 Affiant AFFIDAVIT I hereby certify that I have read the foregoing Affidavit, including all attached Exhibits, and the same is true and correct as written. The foregoing Affidavit was acknowledged before me this 19 by: Witness my hand and official seal. My commission expires: Notary Public day of EXHIBIT "A" TO AFFIDAVIT (List of names, address and legal description of all land and owners within two hundred.feet (200'] of the development) Approved October 3, 1979 •t APPENDIX C PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Fraser Planning Commission et- will hold a public hearing at o'clock M. on the day of 19 in the Town Hall, 200 Eisenhower Drive, Fraser, Colorado to consider approval of a Sketch Plan for the develop- ment and /or subdivision of the following described property located in or proposed to be annexed to the Town of Fraser, Colorado: (Insert Legal Description) Said property is graphically shown on the attached map. The proposed development invglves the following: (Insert a description of the development from the Application including at a minimum reference to the number and type of units; density.per square foot and acre; all proposed uses within the development; per- centage of ground used for buildings, parking, undeveloped space; and any proposed rezoning.) All interested persons are invited to attend and be heard. DATED THIS Approved October 3, 1979 Sal' of 19 Chairman, Fraser Planning Commission 1 1 1 1 Approved October 3, 1979 •t DIRECTIONS The map to be published shall show all intersections of streets surround- ing the property or if none, shall be of sufficient detail to easily identify the location of the property within or adjacent to the Town of Fraser by reference to well known land marks. This Notice shall be published at least one time prior to hearing, and copies of the proposed plan shall be posted in the office of the Town Clerk and in the Fraser Post Office if allowed. Approved October 3, 1979 APPENDIX D SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made this day of 19 by and between hereinafter referred to as "Developer and THE TOWN OF FRASER, by its Board of•Trustees, hereinafter referred to as "Town NITNESSETH: WHEREAS, Developer has platted a tract of land into a sub- division known as attached hereto as Exhibit "C" and by this reference incorporated herein 3. The above improvements shallie'completed not later than the day of 19 unless the'time for completion of the improvements has been extended by mutual' agreement of the parties. A summary of the improvements and the ;requiredreompletion` dates'is encompassing that certain tract of land described on the attached Exhibit "A which by this reference is incorporated herein and made a part hereof; AND WHEREAS, Developer has agreed to make certain improve- ments within said subdivision, after the plat thereof is filed in the office of the Grand County Clerk and Recorder; AND WHEREAS, Section 8.4 of the Fraser Subdivision Regulations requires that a Subdivision Improvement Agreement be executed by a developer before the plat shall be recorded: NOW THEREFORE, in consideration of'the premises, the parties hereto agree as follows: s 1. Town agrees that the plat shall be pronely recorded in office of the Grand County Clerk and 'Recorder. 2. The improvements as required by'Town shall be constructed to the specifications as shown on the engineer's` drawings as set out in Exhibit "B" attached hereto and by this reference incorporated herein' and made a part hereof. and made a part hereof. 4. This Agreement shall be secured by a Certificate of Deposit payable to the Town of Fraser as attached hereto as Exhibit "D" which by this reference is incorporated herein and made•a part hereof. At such time as Developer completes the improvements required by this Agreement on or before the completion dates set forth in Exhibit "C or as extended'by mutual agreement, the Town shall promptly file the appropriate release form with the party or institution issuing said forms of security. 5. .In the event that Developer shall default in whole or in part in the performance of this Subdivision Improvement Agreement, Town may proceed with the construction or completion of the improve- ments specified in this Agreement within a reasonable time. In so doing, Town shall proceed in an economioal, businesslike manner and shall keep an accurate, detailed account of its costs incurred in com- pleting such improvements. In the event that Town does not elect to finish those improvements specified in this Agreement or in the event that Town fails to arrive at decision within six (6) months of determining a default as to whether or not it desires to complete the improvements, then Developer shall have the right :to. forthwith require Town, by written demand,to either elect to proceed with construction of said improvements or-release the forma of 4recurity as provided for by this Agreement. Within thirty (30) days after receipt of said written demand, Town shall make its election; and if it determines not to proceed with completion of the improvements, Town shall release the forms of security as provided by this.Agreement. If Town determines to move forward with the construction of the improvements, it shall do so within a reasonable time and in the manner provided above. 6. In the event that Town shall elect to complete the improvements in whole or in part as specified in paragraph 5., Town shall have the right to draw moneys against the aforementioned Certificate Approved October 3, '1979 of Deposit. Said costs shall include all reasonable administrative costs and legal fees incurred in completing the improvements required by this Agreement, including all costs incurred in collecting upon the securities provided for herein. 7. It is specifically understood that the forms of security set forth in paragraph 4. of this Subdivision Improvement Agreement are given in order to fulfill the requirements of and are in accordance with the Fraser Subdivision Regulations as authorized by pection 31- 23 -214, Colorado Revised Statutes, 1973, as amended, and the Board of Trustees of Fraser, Colorado has agreed that the only p g y public improve. ments required of Developer are those mentioned herein and that the/ are of the type and extent set forth in the attached Exhibit B. No one, individually or otherwise, other than the parties hereto, shall acquire, as a result of this Agreement, any rights, claims, or obligations" from or against the Town of Fraser, its agents, employees or officers. Actions by the Town of Fraser against Developer to enforce any provision of this Agreement shall be at the sole dis- cretion of the Board of Trustees of Fraser, Colorado. No third parties shall have any rights to require any action by the Town of Fraser pursuant to this,Agreement; and this Agreement shall not create S a liability on the part of or be a cause of action against the Town of Fraser, for any personal or property damage' may result to any third parties from the failure of Developer to perform the improve- ments herein specified. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. b BY DEVELOPER TOWN OF FRASER, COLORADO Approved October 3, 1979