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HomeMy WebLinkAboutORDINANCE 18-71© ORDINANCE NO.18-71 AN ORDINANCE REPEALING CHAPTER 21 OF THE MUNICIPAL CODE OF TEE TOMU OF ESTES PARK, COLORADO,AND REENACTING WITH AMENDMENTS RELATING TO PLANNING,ANNEXATIONS AND SUBDIVISIONS. BE IT ORDAENED BY THE BOARD OF TRUSTEES OF THE TOMU OF ESTES PARK,COLORADO: Section 1.That Chapter 21 of the Municipal Code of the Town of Estes Park,Colorado is hereby repealed and reenacted,with amendments,to read: CHAPTER 21 PLANNING AND SUBDIVISIONS 21.1 Purpose. 21.2 General Information. 21.3 General Provisions. 21.L Exceptions. 21.Design Standards. 21.6 Preliminary Nap or Flat. 21.7 Final Map or Plat. 21.8 Definitions. 21.9 Failure to Comply Unlawful. 21.10 Conflict. 21.1 Purpose.The purpose of this chapter is to provide for the orderly growth and harmonious development of the Town of Estes Park;to insure an adequate and efficient street system;to achieve individual property lots of reasonable utility and livability;to secure adequate provisions for water supply,electric service, drainage,sewers and other health and safety requirements; to secure adequate sites for recreation areas and other public facilities;to promote the conveyance of land by accurate legal description;to improve the health,safety 0 0 and general welfare of the people;and to provide procedures for the achievement of this purpose. 21.2 General Information.Before dividing any tract of land a subdivider should obtain from the Town Clerk general information regarding subdivision regulations,procedures, street and highway requirements,street grading,surfacing and improvements,drainage problems,if any,water,electric and sewer requirements,and the meeting dates of the Planning Commi ssi on. 21.2-1 Planning Commission -Authority.The Planning Commission shall have authority to make investi gations and reports relative to proposed subdivisions and annexations,and it shall have all of the powers and duties, relative to subdivisions and annexations,the plats and maps thereof,and the procedures relating thereto,granted to it by the provisions of this chapter. 21.2-2 Procedure for Subdividing.Before dividing any tract of land,including land being annexed to the Town, a subdivider shall follow the procedures prescribed by this chapter unless an exception therefrom is recommended by the Planning Commission and approved by the Board of Trustees. 21.2-3 Surveying and Survey Monuments.All surveying and survey monuments shall be performed and set in accordance with all statutes of the State of Colorado pertaining thereto. 2l.2-L Location of Monuments.In making the survey for a subdivision or addition the surveyor shall set sufficient permanent monuments so that the survey or any part thereof may be readily retraced.Such monuments shall generally be placed at all angle points and curve points on the exterior boundary lines of the tract,also at all points of intersection of street center lines or at other points as may be necessary to serve the above requirement.Monuments set at lot corners will not be considered permanent. -2- TI II t 2l.2-Type of Monument.Permanent monuments shall be of a type approved by the Town Engineer. 21.3 General Provisions. 21.3-1 Public Streets. (a)The Town shall not accept,lay out,open, improve,grade,pave,curb,light,lay or authorize water mains or sewers or connec tions to be laid in,any street or easement which has not been approved by the Board of Trustees as a public street or easement. (b)No building shall be erected nor shall a building permit be issued for a building unless the lot upon which such building is proposed to be placed shall abut upon a public or private street which has been approved by the Board of Trustees. (c)All streets in newly annexed property shall consist of such street grading or surfacing, or both,as shall be necessary or determined by the Town to give proper access at all seasons of the year to all lots fronting on each street,also curbs,gutters,culverts, drains and other structures necessary to the use of such streets,highways and public safety.The location,type,character and dimensions of all structures and the grades for all work shall be subject to approval by the Town. 21.3-2 Unrecorded Plats.No owner or agent of the owner of any land located within an addition or subdivision shall transfer,sell,agree to sell,or negotiate to sell any land by reference to,exhibition of,or by the use of a plan, plat or map of an addition or subdivision before such plan, -3- 0 0 p1st or map has been approved by the Board of Trustees and recorded in the office of the Clerk and Recorder of Larimer County,Colorado.The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from any penalties provided by law. 21 .3-3 Improvements. (a)Improvements completed or guaranteed.Prior to the issuance of the first building permit in any ares within any addition or sub division,all streets,street signs,curb and gutter where required,water and sewer lines where required and survey monuments must be installed,as required by the Estes Park Municipal Code,in the area in which such building permit is requested or the installation of such improvements are guaranteed by the person applying for such permit.Such improvements from existing improvements of a like nature must also be installed or guaranteed.If an 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. (b)Area boundaries established.The exterior boundaries of such area shall be established by the person applying for such permit subject r 0 to the approval of the Town and shall include not less than ten lots or a complete cul de sac street. (c)Guarantee form and deposit.The guarantee required by this section shall be in one of the following forms and shall be deposited prior to the issuance of said 11first building permit”described in subsection (a). (1)Deposit with the Town Clerk a surety bond in an amount not less than the Town’s estimate of the cost of complete installation of all streets,street signs,water and sewer lines,curb and gutter,and survey monuments in the area established as provided in subsection (b).Such bond shall be conditioned upon the complete installation ofsuch improvements within the time and in the manner required by the Estes Park Municipal Code. (2)Deposit cash or other collateral in an amount not less than the Town’s estimate of the cost of complete installation of all streets,street signs,water and sewer lines,curb and gutter,and survey monuments in the area established as provided in subsection (b),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 collateral shall pay all or any portion thereof,including interest -- 0 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 Town Municipal Code. (3)The TownTs cost estimate in sections (1)and (2)above shall include the cost of extending such improvements from such existing improvements. (d)Credit for completed improvements.The Town, in making cost estimates for the construction of streets,street signs,water and sewer lines,curb and gutters,and survey monu ments,shall give the property owner credit for the estimated cost of all such improve ments previously installed. (e)Time for completion of improvements.The required time for completion of all such improvements shall be one year from the date of application for the first building permit;provided,however,that the Board of Trustees 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 or deposit or escrow agreement to be released within thirty days after written notification to the Town that such improvements are not completed within the required time,the Town shall cause the proceeds of the bond or cash deposit or other collateral or monies in escrow to be used to complete the same and any unused funds shall be returned to the -6- tl Q I person making the deposit.The 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 notifi cation to the Town that such improvements are completed. (f)Approval of bonds,collateral and escrow agreements.All surety bonds,collateral in lieu of cash and escrow agreements shall be approved as to form and sufficiency by the Town Attorney.Surety bonds shall be deemed sufficient if executed by a corpo rate surety licensed to do business in the State of Colorado and countersigned by a resident agent of such corporate surety. Collateral in lieu of cash shall be deemed sufficient if negotiable and of a present market value in excess of the amount of the Town’s estimate. (g)Dedication on completion.Upon the com pletion of same,all such improvements shall be appropriately dedicated to public use. (h)Letter of guarantee by Town Clerk.Upon meeting the requirements of subsection (c) as to an entire addition or subdivision the owner thereof may apply in writing for,and the Town Clerk shall issue,a letter of guarantee addressed to any public or private lending institution or loan guarantee agency or institution setting forth the nature of the financial guarantee supplied by the property owner,the nature of the improvements -7— 0 to be made thereunder,a description of the land to be benefited by such improve ments,and the anticipated date of com pletion.The Town Clerk may further guarantee to the addressee that such improvements will be completed within the time stated or that the Town will use the proceeds of the property ownerTs financial guarantee to complete such improvements. (1)Street grading and paving.All streets shall be filled or excavated to the grade approved by the Town and paved,complete with curb and gutter where required,such improvements to be installed in accordance with the pro visions of the Estes Park Municipal Code and specifications approved by the Board of Trustees and under the supervision of the Town Engineer. (j)Utilities. (1)Sanitary sewer system.Where the public sanitary sewer system,in the opinion of the Town,The Estes Park Sanitation District and the Larimer County Health Department,is reasonably accessible, the property owner shall construct a complete sanitary sewer system,in accordance with the specifications of the State of Colorado,The Estee Park Sanitation District,Larimer County Health Department and the Town,including a connection for each lot.Where lots cannot be served by the extension of an existing public sanitary sewer,the property owner shall obtain approval -8- of lot sizes from the Town and the Larimer County Health Department for individual septic tanks and disposal fields,or approval of a neighborhood disposal system.TIae provisions of this paragraph shall not waive the requirements of nor compliance with any provisions of the Estes Park Municipal Code,or the requirements of the Larimer County Health Department, relating to sewers,septic tank and disposal fields. (2)Water and power lines,storm sewers, culverts,bridges and mail boxes. Adequate provisions for water and power lines,storm sewers,culverts,bridges and mail boxes shall be provided in accordance with the requirements and standards specified by the Town. (k)Street name signs.The installation of street signs at all intersections shall be installed when required,such signs to be in general conformity with existing street signs as to size,lettering,durability and placement,all of which shall be approved by the Town. (1)Monuments.Permanent monuments shall be set as provided in this chapter. (m)Inspection.All improvements required under this subsection shall be constructed accord ing to applicable provisions of the Estes Park Municipal Code,Town specifications, the regulations and requirements of the -9- 0 0 Larimer County Health Department and the United States Postal $ervice,and shall be inspected and approved by the Town,the Larimer County Health Department and the United States Postal Service. (n)Guarantee.All workmanship and materials on all required improvements shall be guaranteed by the property owner for a period of one year from the date of acceptance of the required improvement by the Town,the Larimer County Health Depart ment and the United States Postal Service; provided,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 specifi cations adopted pursuant thereto shall require a guarantee of workmanship or materials or both for a different period of time,that provision requiring the longer period of guarantee shall govern. Town inspection shall not relieve the property owner of such guarantee of work manship and materials. 2l.3-L Surveys to be Filed.The following surveys shall be filed with the Town Clerk. (a)Any retracing of old surveys. (b)Any survey changing lot boundries or lines. (c)Any survey establishing new lot boundries or lines (such as splitting a lot). 2l.3-Filing of Maps or Plats.All maps or plats filed in accordance with the provisions of this chapter shall be filed with the Town Clerk at least 21 days before a regular -10- meeting of the Planning Commission.The Town Clerk shall forthwith deliver such maps or plats to the Secretary of the Planning Commission.The Secretary of the Planning Commis sion shall forthwith deliver copies of all such maps or plats to the Town Engineer,Town Attorney and such other officers, departments and agencies as shall be provided in this chapter or designated by the Board of Trustees,and shall mail all notices as provided in this chapter.(See l39—9-C.R.S., 1963) 21.3-6 Checking of Maps or Flats.The Town Engineer and Town Attorney shall check all maps or plats as to con formity with the provisions of this chapter and all ordinances and statutes pertaining thereto.They shall advise the Planning Commission of any deficiencies in the map or plat, or approve the same,at,or before,the meeting of the Commission at which the map or plat is to be considered. After final approval of the map or plat by the Planning Com mission it shall transmit the original map or plat and five copies thereof to the Board of Trustees for their action. 21.3-7 Preparation of Maps or Flats.All maps or plats filed in accordance to the provisions of this chapter, and all surveys relating thereto,shall be prepared and made by a qualified land surveyor who has been duly licensed by the State of Colorado to perform such work. 21.3-8 Action on Maps or Flats.The Planning Com mission shall,at its next regular meeting following the filing of a map or plat,as provided in this chapter,approve, conditionally approve or disapprove the map or plat,or table the same for further study.Before approval or conditbnal approval of a preliminary map or plat,or conditional approval to a final map or plat is given,or the same is tabled,the subdivider must waive the thirty day requirement of l39-9- l,C.R.S.,1963 and consent to an extension of time of approval. -11- 2l.L Exceptions. 21.L-l Petition for Exception.The Planning Com mission,upon the verified petition of any subdivider stating fully the grounds of the application and all facts relied upon by the petitioner,which petition shall be filed with the preliminary map or plat,may recommend that the Board of Trustees authorize conditional exceptions to the regulations set forth in sections 21.3-1 (c),2l.,and 21.7-9 (a)(b) (c)(d)of these regulations.The Planning Commission may recommend that the provisions of this chapter be waived by the Board of Trustees when a lot,tract or parcel of land is being divided into only two lots,plats,or sites,upon the verified petition of any subdivider stating fully the grounds of the application and all facts relied upon by the petitioner. It shall be necessary that the Planning Commission shall find the following facts with respect to the petition: (a)That there are special circumstances or conditions affecting said property. (b)That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner. (c)That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this chapter. 2l.L-2 Condition for Exception.In recommending such exceptions,the Planning Commission shall designate such conditions in connection therewith as will,in its opinion,secure substantially the objectives of the pro visions to which the exceptions are granted.In recommending -12- the granting of any exception,the Planning Commission shall report to the Board of Trustees its findings with respect thereto and all facts in connection therewith,and shall specify and fully set forth the exception recommended and the conditions designated.Upon receipt of such report,the Board of Trustees may,by resolutions,grant the exceptions and conditions recommended. 21.L-3 Unit Development Exception.Any conflict, or noncompliance,with any of the provisions of this chapter contained in any unit development plan prepared and filed in accordance with the provisions of this chapter,Chapter 12 of this Code,and Ordinance No.l8 of this Town,or any amendments thereto,which plan has been approved by the Planning Commission and the Board of Trustees,shall be considered to be approved exceptions to the provisions of this chapter,and it shall not be necessary to file a petition for exceptions as provided for in Section 21,nor to comply with such provisions. 2l.Design Standards.As a guide in the layout of additions and subdivisions,the following design standards will apply: 2l.-l Streets and Highways.The street and highway layout of each addition or subdivision and the width of the streets and highways therein shall be based upon and shall be F in accordance with those sections of any highway plan,as a part of the Master Plan,which shall have been adopted by the Town,or pending such adoption,upon the preliminary plans of the Town,and in all cases shall be in general conformity with the existing design or plan of the Town,and with any other plans made by the Town for the most advantageous development of the area within which the addition or subdivision lies. (a)Streets shall have a logical relationship to topography and to the location of -13- —I, — existing or platted streets in adjacent properties. (b)Streets,utility rights-of-way,and public open spaces shall conform to approved plans for the extension of such public facilities. (c)Minimum street widths shall be as follows: Right-of-Surfaced Classification way width width Major traffic street 100 feet 50 feet Major business street 80 feet 50 feet Secondary street 80 feet 3L.feet Local streets 60 feet 2L feet Limited local,loop or cul de sac streets 50 feet 2L.feet (d)Dead-end streets shall ordinarily be not more than LO0 feet in length with a minimum out side surfaced width radius of 60 feet at the closed end. (e)Whenever possible,streets shall intersect at right angles. (f)Street grades shall be more than 0.L per cent but less than 10 per cent for local streets and less than 6 per cent for major and secondary highways. (g)Streets shall be levelled,when possible,to a grade of less than L1 per cent for a distance of at least 100 feet approaching all inter sections,and at the intersection a grade of 3 per cent shall be maximum. (h)All changes in street grade shall be con nected by vertical curves of a minimum length equivalent to fifteen times the algebraic -lL - © difference in the rate of grade for major end secondary streets,and one-half of this minimum for all local streets. (i)Minimum radii of curvature on the center line shall be as follows: Major streets L00 feet Secondary streets 200 feet Local and other 100 feet streets Lesser radii and greater grades may be used in cases in which sufficient evidence is presented to show that the above requirements are not practicable. (j)Between reverse curves there shall always be a tangent at least 100 feet long. (k)All streets that dead end at the sub divider’s property line,but will not connect with a street,road or highway dedicated to public use,shall be dedicated to public use to within two feet of said property line,and the remainder of the land, between the extension of the side lines of such street and said property line,shall be conveyed to the Town for future use as a street at such time as the Town determines such use to be necessary. (1)In case of a part width street,a minimum of L0’along and adjacent to a boundary of the subdivision,will be required,except in cases in which proper deed or instrument of dedi cation to the Town be filed with the map or plat of the subdivision,granting sufficient land to make a street of the required full -15- C width.The words “pert-width street”shall be lettered on the map or plat following the name of the street.Whenever there exists a dedicated or platted “part-width street” or alley adjacent to the tract to be sub divided,the other half shall be platted. (m)When required for public convenience, additional rights-of-way in connection with street shall be provided for automobile standing or turning space. 21.5-2 Lots. (a)Every lot shall have an area of not less than 18,000 square feet where a public sewer line is available,and not less than one acre where individual sewer treatment systems are planned;except where the lot is to be zoned Trailer Court District,Restricted Commercial District,Commercial District and Restricted Industrial District,in which case other minimum lot areas may be permitted at the discretion of the Board of Trustees.Every lot shall have a width of not less than 75 feet;except where the lot is to be zoned Trailer Court District,Restricted Com mercial District,Commercial District and Restricted Industrial District,in which case other frontages may be permitted at the discretion of the Board of Trustees. The provisions of this subsection (a)shall not apply to property that has been law fully subdivided prior to August 30,1971. 21.5-3 Water Courses.In the event that the addition or subdivision is traversed by any natural or artificial water -16- a a course,the subdivider must dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of such natural or artificial water course,or shall provide by dedication sufficient easements or construction,or both,to care for such surface and storm water and the disposal thereof. 2l.-Lj Alleys and Easements.The Town shall require alleys at least 20 feet in width and open at both ends in business districts and in the rear of all lots fronting on major or secondary streets.Where alleys are not required, easements at least 10 feet in width shall be required on each side of all rear lot lines and along certain side lot lines where necessary for utilities such as poles,wires,conduits, storm or sanitary sewers,gas and water lines. 2l.-Names.The proposed name of the subdivision, or addition,and the proposed street names shall be approved by the Town and shall not duplicate or too closely approximate, phonetically,the name of any other addition,subdivision or street in the Town or vicinity. 21.6 Preliminary Map or Flat.A preliminary map or plat,which is essentially a study plan,must be filed,con sidered and approved,or conditionally approved,by the Planning Commission prior to the approval of any final map or plat.A minimum of twenty copies of such maps or plats shall be filed in accordance to the provisions of Section 2l.3—of this chapter. 21.6-1 Map or Flat Form.Every preliminary map or p1st shaJibe clearly and legibly drawn on tracing cloth or tracing paper of good quality and shall show the proposed layout of the addition or subdivision and all information required by Section 21.6 of this chapter.It shall be of such size,2L1”x 36”,and of such scale,not more than 100’ to the inch,as to show clearly all details thereof and shall contain the date of preparation and north point (designated as -17- Q true north).It shall comply with all applicable sections of this chapter. 21.6-2 Description. (a)Title.Proposed name of the subdivision or addition. (b)Location.Location of the subdivision or addition as a part of some larger sub division or tract of land and by references to permanent survey monuments with a tie to a section corner or a quarter section corner. (c)Names and addresses.Names and addresses of the subdivider,the designer of the subdivision,or addition,and the surveyor who shall be licensed by the State of Colorado as a land surveyor. 21.6-3 Existing Conditions. (a)Physical features,such as,existing buildings,location and principal dimensions of all existing or recorded section lines,streets,alleys,easements, water courses and directional flow,areas subject to inundation of storm water over flow,private sewers and private water mains and other important features within and adjacent to the tract to be subdivided. (b)Topographic contours at U.S.G.S.,at a vertical interval of not more than five feet where the slope is greater than 6 per cent and not more than two feet where the slope is 6 per cent or less. 2l.6-L Proposals. (a)Location and principal dimensions for all -18 - 0 proposed streets,alleys,easements,lot lines and areas to be reserved for public use. (b)Street names in accordance with Town system. (c)Radii of all curves. (d)Plan for drainage. (e)Sidewalk location and width when required. (1)Provisions for sewage disposal. (g)Provision for water and electricity supply. 21.6-s Written Statement.Such of the foregoing information as cannot be practically shown on the map or plat shall be shown on separate sheets or contained in a written statement accompanying the map or plat. 21.6-6 Survey Monuments,Sewer and Water Systems. After receiving preliminary approval of the map or plat, permanent survey monuments shall be set to finish grade at critical points in the subdivision or addition,and a drawing shall be submitted to the Town for review,showing the proposed construction for necessary sewer and water systems.WI-iere such work or part of it is completed by the Town,the subdivider shall reimburse the Town for such engineering time. 21.7 Final Map or Plat.The final map or plat shall contain all information required on the preliminary map or plat,except contours,plus the following: 21.7-1 Form. (a)Legibility,size,border.The final annexation map or subdivision plat, including all drawings and signatures,shall be clearly and legibly drawn in black water proof ink on tracing cloth or acetate material of a good quality,or on maylar. Each sheet shall be 2L1.”x 36”in size with a marginal line one inch from each -19- 0 0 edge.The title,all drawings,affidavits, certificates,acknowledgements,endorsements, acceptances of dedication,and notarial seals shall be within said marginal lines.The original,a sepia and eight copies shall be filed in the office of the Town Clerk. (b)Boundary,scale,sheet numbers.The boundary of the tract shall be designated by a 1/8”hatched border applied on the face of the tracing and on the inside of the boundary line.Every sheet comprising the map or plat shall bear the title,scale, not more than 100’to the inch,north point (designated as true north)and sheet number, the latter to be set forth in the lower right-hand corner of the map or plat. (c)Key diagram.If more than one sheet is used, a key diagram showing the area covered by each sheet shall appear on the title sheet. (d)Affidavits,certificates,signatures. Affidavits,certificates,acknowledgements, endorsements,acceptances of dedication,and notarial seals,shall appear only once and upon the first and such other as may be required,of several sheets. (e)Dedications.The form of all dedications, together with the acknowledgement,shall be as follows: KNOW ALL JYLEN BY THESE PRESENTS that ______ being the owners of the following described property located in Section ____ Township ____ North,Range _____ West of the 6th P.M.,being more particularly described -20- 0 0 as follows: (insert description) do hereby subdivide the some into lots and blocks as shown on this Map (Plat)together with the streets,utility and other ease ments as shown on this Map (Plat)*which are hereby dedicated to public use,and do hereby designate the same as ______ Addition to the Town of Estes Park,Colorado.(or _______ Subdivision of _______ Addition to the Town of Estes Park,Colorado.)” *(Use portion in parenthesis when not an annexation map.) (Insert here the following when the lots will not be served by a public,or approved sewage disposal system.) This addition (subdivision)is not provided with Public Sewer Facilities. Permits must be obtained before the instal lation of any sanitary disposal system. Approval of plat does not guarantee that the size ot soil conditions of any lot shown hereon are such that a sewage disposal permit may be issued.It is also hereby agreed by the Subdivider,his heirs, successors,and assigns,that in the event that the proper authorities of the Larimer County Health Department shall determine that the surface or subsurface water in the area is becoming contaminated by the use of septic tanks,the owners of the properties in the addition (subdivision)*shall install, at their own expense,a commercial or private sewage disposal system.This is a covenant -21- 0 © running with the land. STATE OF COLORADO) as. COUNTY OF LARIIvIgR) The foregoing instrument was acknowl edged before me this _____ day of _____ 19 ,by _____ Witness my hand and official seal. My commission expires ____________ Notary Public ‘(Use portion in parenthesis when not an annexation map. (f)Surveyorts Certificate.The form of all surveyor1s certificates,together with the acknowledgement,shall be as follows: _______ being first duly sworn on his oath, deposes and says:That he is a registered land surveyor under the laws of the State of Colorado;that the survey of _______ Addition to the Town of Estes Park, Colorado,(or _____ Subdivision of _____ Addition to the Town of Estes Park, Colorado,)was made by him and under his supervision;that the survey is accurately represented on this Plat,also that the statements contained thereon were read by him and the same are true of his own knowledge. Registered Land Surveyor STATE OF COLORADO) ) COUNTY OF LARIIR) The foregoing instrument was subscribed -22- 0 and sworn to before me this ____ day of ___,19 ,by ____ Witness my hand and official seal. My commission expires Notary Public (Use portion in parenthesis when not an annexation map.) (g)Larimer County Health Department approval. APPROVED: By the Larimer County Health Authority this ____ day of _____ A.D. ______. All construction on this subdivision or any lot therein,including the development of domestic water and the provisions of sewage disposal shall be done in a manner which will meet all the requirements of the Colorado Department of Health and the Larimer County Public Health Department and the officers authorized to enforce such requirements. Larimer County Health Authority (h)Annexation maps.All annexation maps shall comply with all provisions of the statutes of the State of Colorado pertaining thereto. 21.7-2 Description. (a)Dimensions.Accurate dimensions for all lines,angles,and curves used to describe boundaries,streets,alleys,easements,areas to be reserved for public use and other important features shall be provided. Sufficient data shall be shown to determine -23- 0 0 readily the bearing and length of every lot line and boundary line.No ditto marks shall be used.Lots containing 3/Lb acre or more shall show net acreage to the nearest hundredth.Length,radius and total delta or radial bearings of each curve and the bearing of radial lines to each lot corner on a curve shall be shown.The map or p1st shall show the center line and side lines of all easements to which the lots are subject, together with the width,length and bearing of the lines thereof.Easements for storm drains,sewers,building lines and other purposes shall be denoted by fine dashed lines.The center line of all streams and natural drainage channels which are not offered for dedication to public use on the map or plat shall be shown by dashed lines. (b)Relation to adjacent area.The map or plat shall show corners of all adjoining sub divisions,or portions thereof,by lot or block number and tract name.The relation of the tract to adjoining subdivisions shall be shown by ties consisting of courses and distances.Whenever the Town Engineer has established the center line of a street or alley,the data shall be shown by ties con sisting of courses and distances from all monuments found.The map or plat shall show all Town boundaries crossing or adjoining the subdivisions clearly designated and tied in. (c)Block and lot numbers.In tracts containing -2L- more than one block,the blocks shall be designated in numerical order.Lots shall be designated numerically beginning with the number “1”in each block. (d)Street names.Names to be used for new streets shall be subject to the street naming policy of the Town and all names shall be subject to the approval of the Town.The following name classification shall be followed: AVENUE:Main artery,in business area, or heavily populated area. STREET:Secondary to an Avenue,in business area or heavily populated area. DRIVE:Secondary to Avenue,may be circuitous,may connect to Avenues or Streets. LANE:A short street,may dead-end, located mainly in residential area. CIRCLE:A street that makes a complete circle,houses to be numbered consecutively. RIGHTAY OR ROAD:Main artery,located outside Town limits. 21.7-3 Submission of Final Map or Flat.Within one year after a preliminary map or plat has been approved by the Planning Commission,and after the intermediate steps described in 21.6-6 have been completed,an original and five copies of a final map or plat must be filed with the Town Clerk for final approval.If a final map or plat is not so filed,a new preliminary map or plat must be filed. 2l.7-L.Fees.There shall be paid to the Town,before any final map or plat is approved by the Board of Trustees, the following fees: -25- o ça 1.An ordinance fee of $12.OO on annexation maps only. 2.A map or plat processing fee in the amount of the Townts costs for engineering and legal expenses for field and office checking of the map or plat. The total cost of the map or p1st checking shall not exceed a rate of $75.00 per acre on all lands included within the map or p1st boundaries. 21.7-5 Notation of Monuments on Map or Flat.The character,type and position of all monuments and covers shall be noted on the final map or plat.All distances shall be expressed on the map or p1st to the nearest hundredth of a foot. 21.7-6 Monument and Mathematical Checking.All permanent monuments shall be placed prior to the filing of the final map or p1st with the Town Clerk.The Town Engineer, or a person designated by him,shall,by a field examination of the subdivision,determine whether or not all monuments shown on the map or plat have been set as required by this chapter.The Town Engineer shall determine that the outside boundaries of the property included within the addition or subdivision close mathematically. 21.7-7 Dedication of Property.An enumeration of the streets,alleys,easements,parks and other public facilities as shown on the map or plat,and a dedication thereof to the public use shall be indicated. 21.7-8 Future Street Dedication or Reservation. The Town shall determine whenever a street is necessary for future additions or subdivisions,but which street is not presently warranted for construction,that the necessary dedication or reservation for such future street be provided on the map or p1st. 21.7-9 Improvements.No final map or p1st shall be approved unless it is possible,without undue delay,to supply -26- 0 0 the following improvements: (a)The subdivider shall install water mains in such diameter as the Town may require.The Subdividers shall install fire hydrants to such specification as shall be determined by the Town. (b)The subdividers shall install the electrical system as determined by the Town. (c)The subdivider shall install sanitary sewer lines,where service for the same is avail able,in such size and location as the Town and The Park Sanitation District may jointly require. (d)The subdivider shall install adequate conduits,drains and provisions for storm water drainage as may be required and approved by the Town. (e)All streets shall be paved,also concrete curbs and gutters,where required by the Town,in accordance with design and con struction requirements established by the Town,and subject to the approval of the Town. (f)Sidewalks,curbs and gutters,culverts, bridges and other such necessary improve ments shall be constructed by the subdivider in accordance with plans and specifications approved by the Town,and after construction they shall be subject to inspection and approval by the Town.All required improve ments shall be completed in accordance with officially established grades. -27- C 21.7-10 Information and Data Accompanying Final Plat. All maps and plats shall be accompanied by the following data and material which shall be provided by the subdivider or his agent unless waived by the Town: (a)Street profile.The profile of the center line of each street with grades. (b)Street cross-section.The cross-section of all streets showing the shoulder and surface width taken for each block at the point of greatest slope and showing the width of sidewalks and the location and size of utility mains. (c)Sewer plan and profile.A plan and profile of proposed sanitary and/or storm water sewers with grades and pipe sizes indicated and a plan of the proposed water distribution system showing pipe sizes and location of valves and fire hydrants. (d)Water way and curb elevations.High water marks and approximate grade of all ditches, canals,or other water ways to be crossed, and the lines and elevations of existing curbs. (e)Preparation of plans.All profiles and plans shall be prepared in ink and each sheet shall be signed by the surveyor. (f)Names and addresses.The names and addresses of all owners of land immediately adjoining the platted land as their names appear in the records in the office of the Clerk and Recorder,Larimer County,Colorado,and their addresses as they appear on the tax records of Larimer County. -28- 0 (g)Attorney.A certificate by an attorney duly licensed to practice lsw in the State of Colorado that all persons or corporations having any record interest in the land to be annexed or subdivided have signed the dedication certificate must be dated as of the date that the Board of Trustees is to consider the final map or p1st on the final reading of the annexation ordinance,or resolution of approval. 21.7-11 Certificates.The forms of all certificates, acknowledgements and other matters on the map or plat or in letter form shall be subject to approval of the Board of Trustees. (a)Owner and dedication.A certi1icate signed and acknowledged by all parties having any title interest in the land subdivided, consenting to the preparation and recording of said map or p1st and offering for dedication all parcels of land shown on the final map or plat and intended for any public use,except those parcels other than streets which are intended for the exclusive use of the lot owners in the subdivision,their licensees,visitors, tenants and servants. (b)Notary public.Acknowledgements of owner and dedication certificate. (c)Surveyor.A certificate by the licensed lend surveyor responsible for the survey and final map or plat.The signature of such surveyor,unless accompanied by his seal,must be attested. -29- (d)Engineer.A certificate of approval by the Town Engineer. (e)Sanitation certificate.A certificate of approval by the Larimer County Health Department will be required where septic tank or other private disposal systems are used. (f)Trustees.A certificate of approval and acceptance of dedication by the Board of Trustees signed by the Mayor and the Town Clerk. 21.7-12 Conditions for Approval of an Annexation Map. No final annexation map of property to be annexed to the Town shall be approved unless there has been filed with the Town Clerk a petition for annexation as provided by the statutes of the State of Colorado,and petitions to include such property within the Northern Colorado Water Conservancy District and the Municipal Subdistrict of the Northern Colorado Water Conservancy District,unless such property is included within such districts at the time the final map is filed for approval by the Board of Trustees.The Board of Trustees may impose any other conditions it deems necessary as a part of the approval of any map. 21.7-13 Restoring Monuments.Any monument that is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider. 21.8 Definitions.As used herein,the following words and phrases are defined as follows: (a)Alley:A public way with less width than a street and designated for special access to the rear of buildings. (b)Easement:A grant of the right to use a strip of land for special purposes. -30- —— (c)Lot:A portion of a subdivision intended as a unit for transfer of ownership or for development. (d)Lot (reverse corner):A corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear. (e)Lot (width):The distrance parallel to the front lot line,measured between side lot lines through the lot where the lot is narrowest. (1)Lot line (front):The property line dividing a lot from a street.On a corner lot only one street line shall be considered as a front line,and the shorter street frontage shall be considered the front line. (g)Lot line (rear):The line opposite the front line. (h)Lot line (side):Any lot lines other than front lot lines or rear lot lines. (i)Lot (depth):The distance between the front line and rear line of a lot. (j)Lot (setback):The distance of a building from the front line of a lot. (k)Street:A public way for sidewalk,roadway, and utility installations,being the entire width from lot line to lot line,and including the terms Hroadtl,“high— way,?place?,“boulevard”,“drive”, “lane “,“court”,“viaduct”,or other ways. (1)Street (part width):The dedication of a portion of a street,usually along the edge of a subdivision where the remaining portion -31- 0 of the street could later be dedicated in another subdivision. (in)Street (local):A street used primarily for access to abutting property. (n)Street (major):A street used primarily for through traffic. (o)Street (secondary):A street used to some extent for through traffic and partly for access to abutting properties. (p)Street (limited local):A local street of short length that has a dead end. (q)Street (loop):A street that loops by exiting from another street at one point and re—enters that street at another point. (r)Street (cul-de-sac):A street of limited length that has a cul—de—sac at its dead end. (s)Street (dead end):A street not more than Lj00 feet in length with a minimum outside ‘p radius of O feet at the closed end one lot depth from the boundary of the sub division or addition. (t)Street (surfaced width):The distance per pendicular to the curbs of the street as measured from,but not including,the curbs. When there are no curbs installed ‘surfaced width”shall be the distance perpendicular to the curbs of the street if they were installed,but not including the curbs. (u)Subdivider:Any person,partnership,corpo ration or other legal entity dividing or proposing to divide land so as to constitute a subdivision as defined in this section. -32- V.-J 0 (v)Subdivision:tlSubdivisiont?means the division of a lot,tract or parcel of lend into two or more lots,plats,sites or other divisions of land for the purpose, whether immediate or future,of sale or of building development.It includes re subdivision and,when appropriate to the context,relates to the process of sub dividing or to the land or territory subdivided. (w)Board of Trustees:The Board of Trustees of the Town of Estes Park,Colorado. (x)Planning Commission:The Planning Commission of the Town of Estes Park,Colorado,appointed by the Board of Trustees. (y)Town:The Town of Estes Park,Colorado,and those officers and employees properly authorized to act for the Town of Estes Park, Colorado. (z)Water Course:A natural or artificial water course fed from a permanent or periodical natural or artificial source and usually flowing in a particular direction in a defined channel,having bed and banks or sides,and usually discharging itself into some other water course or body of water. 21.9 Failure to Comply Unlawful.It shall be unlawful to fail to comply with all of the provisions of this chapter, unless exceptions and/or conditions have been granted by the Board of Trustees. 21.10 Conflict.Whenever the provisions of this chapter are at a variance with the provisions of any other lawfully adopted rules,regulations,resolutions,provisions -33- aC of this Code or Ordinances of the Town of Estes Park,Colorado, the one which is most restrictive,or which requires the higher standard shall apply. Section 2.The provisions of this Chapter,except the provision of Section 21.7-9 (e)requiring all streets to be paved,shall not apply to preliminary maps or plats which have been approved by the Planning Commission prior to August 23,1971,nor to the final maps or plats,pertaining to the same land as said preliminary plats,which are approved by the Planning Commission,the Board of Trustees and recorded in the records of the Clerk and Recorder of Larimer County, Colorado prior to Tanuary 1,1972;provided,that said final maps or plats are in compliance with the provisions of Chapter 21 of this Code in effect on August 23,1971. Section 3.The Board of Trustees of the Town of Estes Park herewith finds,determines and designates that this ordinance is necessary for the immediate preservation of the public peace,health and safety,for the regulation of planning,annexations and subdivisions affects the public peace,health and safety,and whereas in the opinion of the Board of Trustees an emergency exists,this ordinance shall take effect and be in force five ()days after its final passage,adoption and publication. Mayor ATTEST -3-