HomeMy WebLinkAboutORDINANCE 31-740
ORDINANCE NO.31-74
AN ORDINANCE AMENDING SECTIONS 16.28.210,
16.28.230,16.36.010,16.36.030,16.36.040,
16.36.050 AND 16.36.140 OF THE MUNICIPAL
CODE OF THE TOWN OF ESTES PARK,COLORADO,
RELATING TO SUBDIVISIONS AND IMPROVEMENTS
THEREIN.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
Section 1.Sections 16.28.210,16.28.230,16.36.010,
16.36.030,16.36.040,16.36.050 and 16.36.140 of the Muni
cipal Code of the Town of Estes Park,Colorado,are hereby
amended to read as follows:
16.28.210 Improvements generally.No final map or
plat shall be approved,unless the improvements required by
Sections 16.28.180,16.28.220 through 16.28.270,16.36.090
and 16.36.100 of this code have been installed,or the in
stallation of the same have been guaranteed in accordance
with the provisions of Section 16.36.140 of this code.
16.28.230 Electric and street lighting systems.
The subdivider shall install such electric service and dis
tribution system and such street lighting system,as shall
be determined by the town.
16.36.010 Improvements completed or guaranteed.In
additions or subdivisions where buildings or similar improve
ments have been constructed,placed or installed,all im
provements required by this chapter and by Sections 16.28.120
and 16.28.210 through 16.28.270 must be installed as required
by the Municipal Code of the town of Estes Park,or the in
stallation of such improvements are guaranteed by the subdi
vider of the property included within the additions or sub
divisions,as hereinafter provided.In additions or subdivi
sions where no buildings or similar improvements have been
constructed,placed or installed,prior to the issuance of
the first building permit in any area within such addition
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or subdivision,all improvements required by this chapter
and by Sections 16.28.180 and 16.28.210 through 16.28.270
must be installed as required by the Municipal Code of the
town of Estes Park,or the installation of such improvements
are guaranteed by the subdivider of the property included
within the additions or subdivisions,as hereinafter pro
vided.All such improvements from existing improvements of
a like nature must also be installed or guaranteed.If the
area includes an intersecting street,the full width of such
a street shall be included;provided,however,that if the
full width of such an intersecting street is not included
within the town limits,only one-half of such intersecting
street shall be included,but such half street shall not be
less than forty feet in width.
16.36.030 Guarantee form and deposit.The guaran
tee required by Section 16.36.140 shall be in one of the
following forms and shall be deposited prior to the approval
of any final map or plat where buildings or similar improve
ments have been constructed,placed or installed;and where
no buildings or similar improvements have been constructed,
placed or installed,prior to the issuance of the “first
building permit”described in Section 16.36.010:
1.A deposit with the town clerk of a surety bond
in an amount not less than the town’s estimate of the cost
of complete installation of all improvements required by
Sections 16.28.180,16.28.220 through 16.28.270,16.36.090
and 16.36.100 in the area established as provided in Section
16.36.020,and a guarantee of all workmanship and materials.
Such bond shall be conditioned upon the complete installa
tion of such improvements within the time and in the manner
required by the Estes Park Municipal Code.
2.A deposit of cash or other collateral in an
amount not less than the town’s estimate of the cost of
complete installation of all improvements required by Sec
tions 16.28.180,16.28.220 through 16.28.270,16.36.090 and
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16.36.100 in the area established as provided in Section
16.36.020,and a guarantee of all workmanship and materials
with the town clerk,or with any bank or trust company in
the state of Colorado.Such deposit shall be subject to
an escrow agreement whereby the holder of such cash or col
lateral shall pay all or any portion thereof,including
interest earned thereon,to the town upon demand as may be
required to complete the installation of such improvements
within the time and in the manner required by the Estes
Park Municipal Code.
3.The town’s cost estimate in subparagraphs 1.
and 2.above shall include the cost of extending such im
provements from such existing improvements.
16.36.040 Credit for completed improvements.The
town,in making cost estimates for the construction of the
improvements required by Sections 16.28.180,16.28.220
through 16.28.270,16.36.090 and 16.36.100 of this code,
shall give the subdivider credit for the town’s estimation
of the cost of all such improvements previously installed.
16.36.050 Time for completion.The required time
for completion of all such improvements shall be one year
from the date of the approval of a final map or plat or the
date of the application for the first building permit,as
the case may be;provided,however,that the board of trus
tees may extend such time for completion.Upon completion
of such improvements within the required time and approval
thereof by the town,the town shall cause such bond,deposit
or escrow agreement to be released within thirty days after
written notification to the town that such improvements have
been completed.When such improvements are not completed
within the required time,the town shall cause the proceeds
of the bond,cash deposit or other collateral or moneys in
escrow to be used to complete the same and any unused funds
shall be returned to the person making the deposit.The
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town may release a portion of such bond or deposit as such
improvements are completed and approved by it,which shall
be released within thirty days after written notification
to the town that such improvements are completed.
16.36.140 Guarantee.The installation of all im
provements required by Sections 16.28.180,16.28.220 through
16.28.270,16.36.090 and 16.36.100 of this code shall be
guaranteed by the subdivider.All workmanship and materials
on all required improvements shall be guaranteed by the sub
divider for a period of one year from the date of acceptance
of the required improvement by the town,the Larimer County
health department and the United States Postal Service;pro
vided that any defects are not the result of public abuse,
misuse or acts of God.In the event any other provision of
the Estes Park Municipal Code or specifications adopted pur
suant thereto shall require a guarantee of workmanship or
materials or both for a different period of time,that pro
vision requiring the longer period of guarantee shall govern.
Town inspection shall not relieve the property owner of
such guarantee of workmanship and materials.
Section 2.The board of trustees of the town of
Estes Park,Colorado,herewith finds,determines and de
signates that this ordinance is necessary for the immediate
preservation of the public peace,health and safety,for
improvements in subdivisions affect the public peace,health
and safety;and whereas,in the opinion of the board of trus
tees,an emergency exists,this ordinance shall take effect
and be in force five (5)days after its final passage,adop
tion and publication.
PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS
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DAY OF NOV 2 6
,1974.
%;j?/
Major
(SEAL)TOWN OF ESTESRX,COLORADO
A2
Town Clerk
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