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
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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
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October 3, 1979
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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
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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
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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.
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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
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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
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road, and may be private easements or rights-
of -way.
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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.
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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
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Approved October 3, 1979
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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-
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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
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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
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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
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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
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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
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.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-
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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
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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
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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
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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...
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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
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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
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Approved October 3, 1979
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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:
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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