HomeMy WebLinkAboutORDINANCE 2490 .0
ORDINANCE NO •249
AN ORDINANCE AINDING THE MUNICIPAL CODE OF
THE TOWN OF ESTES PARK,COLORADO,BY ADDING
THERETO CHAPTER 21 ENTITLED,“PLANNIN AND
SUBDIVISION”WHICH WILL RELULATE AND MAKE
REQUIRENENTS FOR ALL SUBDIVISION AND ANNEXATION
FLATS AND PROCEDURES.
BE IT ORDAINED BY THE HOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
Section 1.That the Municipal Code of the Town of
Estes Park,Colorado be amended by addinr thereto the foi1owin:
Cl-lAP TER 21
FLANNIN AND SUBDIVISIONS
21.1 Purpose.
21.2 P1annin Commission Advisory Body.
21.3 Procedure for Subdividinr.
21.L Preliminary Flat.
2l.Survey Monuments.
21.6 Final Flat.
21.7 Desin Standards
21.8 Exceptions.
21.9 general Provisions.
21.10 Definitions.
21.1 Purpose.The fo1lowin repulations provide forthesubdivisionoflandandestablishaprocedureforthepreparation,submission,examination,approval or disapproval and record—inç of plats or maps subdividin or re-subdividin real property.They are established for the purpose of providin for the orderlycrowthanddevelopmentofthetown.Each new subdivision inthetownbecomesapermanentunitintheoverallphysicallayoutofthetown.Each new subdivision should therefore be properlycoordinatedwithexistingstreets,utilities,public facilities,and the plans for developin these entities.
21.2 Piannin’Commission Advisory Body.The TownPlanninrCommissionisherebydesinatedasanadvisoryaencyandischargedwiththedutyofraaldninvestirationsandreportsrelatintothedesicrnandimprovementofproposedsubdivisionsandshallhaveallthepowersanddutieswithrespecttosubdivisions,the plats thereof,and the procedure relatinc theretowhicharespecifiedbythoseren’ulations.
21.3 Procedure for Subdividinv.Before dividinç anytractoflandintothreeormorelotsoflessthan5acresinsize,a subdivider shall follow the procedure outlined below:
21.3-1 :3efleral Information.Before dividin any tractoflandintothieeormorelots,a subdivider should consultwiththeofficeoftheTownClerkforo’eneral information recardinsubdivisionreulationsandrequiredprocedure,street and
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hichway requirements,street ç.radinc,surfacinç and improve
ments,drainar’e problems,if any,and meetinr dates of the Plan
nin Commission.
21.3-2 Preparation of Tentative Map.A qualified
surveyor,encineer or lcndscape architect shall be employed to
make surveys and prepEre a tentative map of the subdivision plan
in accordance with 2l.L of this chapter.
21.3-3 Fi1inr of Tentative Map.At least one week before
a planning cominfion meeting,a minimum of four copies of the
preliminary subdivision plat shall be submitted to the planninr
commission for examination.
2l.3-L Action on Tentative Nap.Details completed,
the plannin cornmissionill at their next recular meetinc approve,
conditionally approve,or disapprove the tentative map.Copies
of the map are then forwarded to the town en’ineer,board of
trustees,encineer of the subdivision,and to the County and State
Hichway Engineer if the subdivision is adjacent to the county
and/or state hirhways.
2l.%—Survey Monuments,Sewer and Water Systems.
After receivin preliminary approval of the plat,permanent
survey monuments shall be set to finish rade at critical points
in the subdivision and town approved drawin for the construction
of necessary sewer and water systems shall be prepared.Where
such work or part of it is completed by the town,the subdivider
shall reirriburse the town for such enineerinc time.
21.3-6 Mathematical Calculations.The surveyor must
submit tfollowin calculations to the Town Engineer:
1 -Closures for the outside boundries of the subdivision.
2 -Closures for the outside boundries for each block of
lots.
3 -A closure for at least every other lot.Each lot
line shall be contained in at least one closed
traversed survey.
21.3-7 Submission of Final Map.Within one year after
receivino approval of the preliminary plat by the planninn com
mission and after the intermediate steps described in 21.3-shavebeencompleted,the oripinal and five copies of the final plat,size 2L11 I 36’,shall be submitted to the planninr commission forfinalapproval.If more than one year elapses,a new tentativemapmustbefiled.
21.3—8 Checkin’of Final Map.The town ençineer andtownattorney,after checkin and approvinq’the final map as toconformitywiththetentativemapandprovisionsoflaw,transmitstheoriinalmapandfivecopiestotheBoardofTrusteesfortheiraction.
21.3-9 Action on the Final Map.The Board of Trustees,within a reasonable period of time after such filinc,approvesordisapprovesthefinalmap,accepts or rejects dedications,requires the construction or installation of improvements if notcompletedandordersthemap,if approved,to be recorded in theofficeofthecountyrecorder.Approval of the final plat bytheBoardofTrusteesshallbenullandvoidiftheplatisnotrecordedwithin90daysafterthedateofapproval,unless applicationforanextensionoftimeismadeinwritinc’durin said90dayperiodtotheBoardofTrustees,and granted.
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21.Lj..Preliminary Flat.The preliminary plat is essenti
ally a study plan,which,when approved,will serve as the basis
for the preparation of the final map and shall contain the follow
in information:
21.L-l Map Form.Every preliminary map of a subdivi
sion based on thequirements of 21.7 of these rer”ulations.
It shall be of such size,21j X 36 inches,and of such scale,not
more than 100 feet to the inch,as to show clearly all details
thereof and shall contain the date of preparation and north
point (desiF!nated as true north).
21.L-2 Description.
(a)Title.Proposed name of the subdivision.
(b)Location of $ubdivision.Location of the subdi
vision as a part o±some larcer subdivision or tract of land and
by references to permanent survey monuments with a tie to a sect
ion corner or a quarter section corner.
Cc)Names and Adresses.Names and adresses of the
subdivider,the desinner of the subdivision,and the enineer
or surveyor who shall be licensed by the Colorado State Board
of Examiners for Enr4neers and Land Surveyors.
21.L-3 Edtinr Conditions.
(a)Physical Features.Location and principal dimensions
for all existin or recorded section lines,streets,alleys,
easements,water courses and directional flow,areas subject to
inundation of storm water overflow,private sewers and private
water mains and other important features within and adjacent to
the tract to be subdivided.
2l.L-L1.Proposals.
(a)Location and principal dimensions for all 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.
Cd)Plan for draina-e.
Ce)Sidewalk location and width when required.
(f)Provisions for sewac’e disposal.
tc)Provision for water and electricity supply.
2l.LL-5 fritten Statement.Such of the foreroinr infor
mation as cannot he practically shown on the map shall be shown
on separate sheets or contained in a written statement accompany
in the map.
21.5 Survey Monuments.
21.5-1 Location of Monuments.In makinir the survey forthesubdivision,the encineer or surveyor shall set sufficient
permanent monuments so that the survey or any part thereof maybereadilyretraced.Such monuments shall enerally be placedatallanqlepointsandcurvepointsontheexteriorboundarylinesofthetract,also at all points of intersection of street
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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.
21.S-2 Type of Monument.Permanent monuments shall be
of a type approved byhe town encineer.
21.$—3 Notation of Monuments on Map.The character,
type and position of all monuments and covers shall be noted on
the final map.All distances must be expressed on the map to
the nearest tenth of a foot.
2l.-L Checkinn Monuments.All permanent monuments
shall be placed prior to submittin the final map to the town
enoineer for checkinc.Before checking the map,the town enrrineer
shall,by field survey,satisfy himself that all monuments shown
thereon actually exist and that their positions are correctly shown.
2l.—Restorin2’Monuments.Any monument that is dis
turbed or destroyed before acceptance of all improvements shall
be replaced by the subdivider.
21.6 Final Flat.The final plat shall contain all
information required on the preliminary p1st,except contours,
plus the followin:
21.6-1 Map Form.
(a)Leibility,Size,Border.The final subdivision
map,includin all drawinrs and sianatures,shall be clearly and
lenibly drawn in black waterproof ink in tracino cloth of rood
quality.Each sheet shall be 2L X 36 inches in size with a
marginal line one inch from each edcre.The title,all drawinc’s,
affidavits,certificates,acknowledc’ements,endorsements,acceptancesofdedication,and notarial seals shall be within said
marc’inal lines.The orir’inal and 8 copies shall be furnished
to the town enineer.
(b)Boundary,Scale,Sheet Numbers.The boundary of
the tract shall be desinated by a 1/8 inch hatched border appliedonthefaceofthetracinc’and on the inside of the boundary
line.Every sheet comprisin the map shall bear the title,scale,not more than 100 feet to the inch,north point and sheet
number,the latter to be set forth in the lower ri’-’ht-hand
corner of the map.
(c)Key Dia-rram.If more than three sheets are used,a key diaram showinc the area covered by each sheet shallappearonthetitlesheet.
Cd)Affidavits,Certificates,Si’-natures.Affidavits,certificates,acknowledtTements,endorsements,acceptances ofdedication,and notarial seals,shall appear only once and uponthefirstandsuchothersasmayberequired,of several sheets.
Ce)Dedications.The form of all dedications,toczetherwiththeacknowledrrement,shall be as follows:
KNOW ALL MEN BY TiSE PRESENTS that_________________
bein the owners of the following described propertylocatedinSection,Township
____North,
Ranre
____
viest of the 6th P.M.,bein more particularly describedasfollows:
(insert description)
do hereby subdivide the same into lots and blocks asshownonthisPlat,toether with the streets,utility
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and other easements as shown on this Flat which are
hereby dedicated to public use,and do hereby desicnate
the same as “Addition”to the Town of
Estes Park.
STATE OF COLORADO)
)ss.
COUNTY OF LARUIEB)
The foreoing instrument was acknowledged before
me this
____day
of__________________,196,by
____________
Witness my hand and official seal.
My commission expires__________________
Notary Public.
ff)Surveyor’s Certificate.The form of all surveyor’s
certificates,tocether with the acknowledement,shall be as
follows:
___________________,
being first duly sworn on his
oath,deposes nd ssys:that he is a reistered land
surveyor under the laws of the State of Colorado;that
the survey 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 P1st,also that the statements contained thereon
were read by him and the same are true of his own knowledc-e.
Registered Land Surveyor
STATE OF COLORADO)
ss.
COUNTY OF LARI1R)
The foreoinct instrument was subscribed and sworn to
before me this day of ,196,by__________________
Witness my hand and official seal.
My commission expires___________________
Notary Public.
21.6—2 Description.
a)Dimensions.Accurate dimensions for all lines,
anles,and curves used to describe boundaries,streets,alleys,
easements,areas to be reserved for public use and other im
portant features shall be provided.Sufficient data shall be
shown to determine readily the bearing and lenth of every lot
line and boundary line.No ditto marks shall be used.Lots
containing 3/)4 acre or more shall show net acreacre to the
nearest hundredth.Len-th,radius and total delta or radial
bearincs of each curve and the bearin of radial lines to each
lot corner on a curve shall be shown.The map shall show the
center line of each street and the width each side of the center
line.The map shall show the center line ond side lines of all
easements to which the lots are subject,top’ether with the width,
lenth and bearinp of the lines thereof.Easements for storm
drains,sewers,buildinc lines and other purposes shall be
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denoted by fine dashed lines.The center line and directional
flow of all natural drainape channels which are not offered for
dedication on the map shall be shown by dashed lines terminatin
in arrows.
(b)Relation to Adjacent Area.The map shall show
corners of all adjoinin subdivisions,or portions thereof,by
lot or block number and tract name.The relation of the tract to
adjoininr subdivisions shall be shown by ties consistin of
courses and distances.rthenever the town enineer has established
the center line of a street or alley,the data shall be shown on
all final maps,indicatin all monuments found.The map shall
show all town boundaries crossin or adjoininp the subdivisions
clearly desirnated and tied in.
(c)Block and Lot Numbers.In Tracts containin more
than one block,the blocks shall be desinated in numerical order.
Lots shall be desinated numerically beinnin with the number
l”in each block.
Cd)Street Names.Names to be used for new streets
shall be subject to the street naminp policy of the town and all
names shall be subject to the approval of the planninc commission.
21.6-3 Dedication of Property.An enumeration of the
streets,alleys,easements,parks and other public facilities
as shown on the plat,and a dedication thereof to the public use
shall be indicated.
21.6—Lc Future Street Dedication or Reservation.The
Plannin Coiriission shall determine,whenever a street is necessary
for future resubdivision but which street is not warranted for
construction,that the necessary dedication or reservation for
such future street be provided on the map.
2l.6-Improvements.No final plat shall be approved
unless it is possible,without undue delay,to supply the follow—
in improvements.
(a)Monuments,as specified by the Town Encineer,shall
be set at street intersections or at such other points as
may be required to make the retra.cinn of the lines as shown on
the final plat reasonably convenient.
fb)The subdividers shall install water mains in such
diameter as the Water Superintendent may require.The subdivid
era shall install necessary fire hydrants as determined by
the Water Superintendent.
Cc)The subdividers shall install the electrical system
as determined by the Li’ht and Power Superintendent.
Cd)The subdividers shall install adequate conduits,
drains and provisions for storm water drainare as may be required
and approved by the Town Enrineer and the Street Superintendent.
Ce)All streets of the followinr classification shall
be paved,also concrete curbs and gutters,in accordance with
desi1rn and construction requirements established by the
Town Ena’ineer and Street Superintendent and subject to the approval
of the Town Enciineer and the Street Superintendent.
(1)Major traffic streets.
(2)Major business streets.
(f)All streets of the followin classification shallberadedandsurfacedtoiveproperaccessatallseasonsoftheyear:
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(1)Secondary streets.
(2)Local Streets
(3)Limited,loop or cul de sac streets.
()Sidewalks,curbs and utterz,culverts,bridces
and other such necessary improvements shall be constructed by
the subdivider in accordance with plans and specifications ap
proved by the Town Encrineer and after construction will be sub
ject to inspection and approval 5y the Town Enr’ineer.All
required improvements shall be completed in accordance with
officially established rades.
21.6-6 Information nd Data Accornpan:rin’Final Nap.
Said map shall be acJped bythe foliowir’dt and material
which shall be provided by the subdivider or his aent when re
quested by the town enr4neer:
(a)Street Profile.The profile of the center line
of each street with rades.
(b)Street Cross-Section.The cross—section of proposed
streets taken for each block at the point of reatest slope and
shoinr the width of sidewalks and the location and size of
utility mains.
Cc)Sewer plan and Profile.A plan and profile of
proposed sanitary and/or storm water sewers with rrades and
pipe sizes indicated and a plan of the proposed water distribu
tion system showing pipe sizes and location of valves and firehydrants.
(d)Water Way and Curb levations.Hih water marks
and approximate rrade of all ditches,canals,or other water waystobecrossed,and the lines and elevations of xistinr curbs.
(e)Preparation of Plans.All profiles and plans shallbepreparedininkandeachsheetshallbesicrnedbythesurveyororenc-4neer.
21.6-7 Checkinr’Fee.The subdivider shall pay to thetown,for the purpose of checkin-,investiatinr,surveyin andothermattersrequiredbytheseren’ulations,a checkinc fee intheamountequalto2.5O for each lot shown on the final map.No checkin fee,however,shall be less than $30.00.
21.6-6 Certificates.The forms of all certificates,
acknowledrements and other matters on the map or in letter formshallbesubjecttoapprovaloftheBoardofTrustees.
(a)Owner and Dedication.A certificate siflned andacknowlednedbyallpartieshavinranytitleinterestinthelandsubdivided,consentin to the preparation and recordin ofsaidmapandofferinn’for dedication all parcels of land shownonthefinalmapandintendedforanypublicuse,except thoseparcelsotherthanstreetswhichareintendedfortheexclusiveuseofthelotownersinthesubdivision,their licensees,visitors,tenants and servants.
(b)Notary Public.Acknowleder.ients of owner anddedicationcertificate.
(c)Surveyor.A certificate by the civil engineer orlicensedsurveyorresponsibleforthesurveyandfinalmap.Thesinnatureofsuchcivilenr4neerorsurveyor,unless accompaniedbyhisseal,must be attested.
Cd)Encineer.A certificate of approval by the townenn’ineer.
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fe)Sanitation Certificate.A Certificate of approvalwillberequiredwhoreseptictankdisposalsystemsareused.
f)Trustees.A certificate of approval and acceptanceofdedicationbytheCouncilsipnedbythetownclerk.
(re)County Recorder.A certificate by the CountyRecorderattestin’to the filinr and recordinr of the subdivision.
(h)Owners.A certificate by an attorney admitted topracticeintheStateofColoradothatthepersonorpersonsdedicatintothepublicwaysorareasshownthereonaretheownersthereofinfeesimple,free and clear of all leins andencumbrances.
21.7 Desin Standards.As a ‘uide in the layout ofsubdivisions,th follewin desin standards will apply:
21.7—1 Streets and Hihways.The street and hiD1awaylayoutofeasubdiiEandtheidthofthestreetsandhihwaysthereinshallbebaseduponandshallbeinaccordancewiththosesectionsofthehihwayplan,as a part of the Master Plan,which shall have been adopted by the plannint commission or pendinsuchadoption,upon the preliminary plans of the commission,and in all cases shall be in eneral conformity witi;thecommunitydesinplan,as a part of the Master Plan,and withanyplansmadebythecommissionforthemostadvantac’eousdevelopmentoft1areawithinwhichthesubdivisionlies.
(a)Streets shall have a loical relationship totoponraphyandtothelocationofexistinorplattedstreets inadjadentproperties.
(5)Streets,utility richts-of-way,and public openspacesshallconformtoapprovedplansfortheextensionof suchpublicfacilities.
fc)Minimum street widths shall be as follows:
Classification Rirtht—of-way width Roadway Width
Major traffic 100 feet 50 feetstreet
Major business 80 feet 50 feetstreet
Secondary 60 feet 50 feet
Local 60 feet L10 feet
Limited,loop or
cul de sac 50 ±eet L0 feet
(d)Dead-end streets shall ordinarily he not more thanLj00feetinlenthwithaminimumoutsideradiusof50feetattheclosedendonelotdepthfromtheboundaryofthetract.
fe)Whenever possible,streets shall intersect atrihtan-rles.
(f)Street rrrades shall be more than 0.L percent but lessthan10percentforlocalstreetsandlessthan6percentformajorandsecondaryhi’hways.
(r)Streets shall be levelled,when possible,to a radeoflessthanLpercentforadistanceofatleast100feetapproachinallintersections,and at the intersection a grade of 3 percentshallbemaximum.
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(h)All chances in street -‘rade shall be connected byverticalcurvesofaminimumlenthequivalenttofifteentimes
the alrebraic difference in the rate of prade for major and
secondary streets,and one half of this minimum for all local
streets.
Ci)Ninirium radii of curvature on the center lineshallbeasfollows:
Major streets -00 feet.
Secondary streets -300 feet.
Local and other streets -200 feet.
Lesser radii and rreater prades may be used in cases
in which sufficient evidence is presented to show thattheaboverequirementsarenotpracticable.
(j)Between reverse curves there shall always beatan’ent at least 100 feet lono.
fk)Certain proposed streets shall be extended to theboundarylineofthetracttobesubdividedsufficientlytoprovidefornormalcirculationoftrafficwithinthevicinity.
(1)In case of a part-width street,a minimum of L0feetalonrandadjacenttoaboundaryofthesubdivision,willberequired,except in cases in which proper deed or instrumentofdedicationtothetowbefiledwiththemapofthesubdivision,rantin sufficient land to make a street of the requiredfullwidth.The words “part—width street”shall be lettered onthemapfollowinrthenameofthestreet.Whenever there existsadedicatedorplatted“part-width street”or alley adjacent tothetracttobesubdivided,the other half shall beplatted.
(m)When required for public convenience,additionalri’hts-of-way in connection with streets shall be providedforautomobilestandinr’or turnin space.
2 1.7—2 Lots.
(a)Every lot shall have an area of not less thanlL,000 square feet and an averare width of not less than 100feetexceptwherepropertyiszonedbyordinanceforbusiness use,in which case other frontaes may be permitted at the discretionoftheplannin’commission.Corner lots shall be at least 120feetinwidthatthefrontbuildinline.Where individualsewerandwatersystemsaretobeused,larner lots,the sizedependinonzoninre2ulations,shall be required.
(b)When practical,lot lines shall be at rirht ancrlestothestreetlineoratrir4atanrlestothetanrrentofthecurveofthestreetline.
21.7-3 Water Courses.In the event that the subdivisionistraversedbyanyatercourseorstreamorcreek,the subdividermustdedicatearirhtforstormdrainaqepurposesconforminrsubstantiallywiththelinesofsuchnaturalwatercourseorchannel,stream or creek,or shall provide by dedication sufficienteasementsorconstruction,or both,to care for such surface andstormwaterandthedisposalthereof.
2l.7-L Alleys and Easements.The town shall requirealleysatleEst20feetinwidtl;and open at both ends in businessdistrictsandintherearofalllotsfrontinponmajororsecondarystreets.Where alleys are not required,easements at least10feetinwidthshallberequiredoneachsideofallrearlotlinesandaloncertainsidelotlineswherenecessaryfor
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utilities such as poles,wires,conduits,storm or sanitary
sewers,oas and water lines.
2l.7-Names.The proposed name of the subdivision and the
proposed street names shall (be furnished by the planning commi
ssion and shall )not duplicate or too closely approximate,
phonetically,the name of any other subdivision or street in
the town or vicinity.
21.5 Exceptions.
21.8-1 Petition for Exception.The Plannincr Commission,
upon the verified petitioEf any sivider statin fully theroundsoftheapplicationandallthefactsrelieduponbythepetitioner,which petition shall recommend that the Board ofTrusteesauthorizeconditionalexceptionstothereulations
set forth in 21.7 of these reulations.It shall be necessarythatthep1anninccommissionshallfindthefollowinpfactswithrespecttothepetitionthereto:
(a)That there are special circumstances or conditionsaffectinc”said property.
(5)That the exception is necessary for the preservationandenjonentofasubstantialpropertyrirhtofthepetitioner.
fc)That the n’rantin of the exception will not bemsteriallydetrimentaltothepublicwelfareorinjurioustootherpropertyintheterritoryinwhichsaidpropertyissituatedorinconflictwiththepurposesandobjectivesoftheMasterPlan.
21.8-2 Condition for Exception.In recommendinp suchexceptions,the plannin’commission shall desip’nate such conditionsinconnectiontherewithaswill,in its opinion,secure substantiallytheobjectivesofthereo’ulations to which the exceptionsareçranted.In recommendinc the authorization of any exception,the plannin commission shall report to the Board of Trusteesitsfindinrswithrespecttheretoandallfactsinconnectiontherewith,and shall specify and fully set forth the exceptionrecommendedandtheconditionsdesir’nated.Upon receipt of suchreport,the trustees may,by resolutions,authorize the plannincommissiontoapprovethetentativemapandtheexceptionsandconditionsrecommended.
21.9-1 Public Streets.
(a)The town shall not accept,lay out,open,improve,rrade,pave,curb,lirht,lay or authorize water mains or sewersorconnectionstobelaidin,any street which has not been approvedbytheBoardofTrusteesasapublicstreet.
(5)No buildinr shall be erected nor shall a buildincrpermitbeissuedforabuildin,unless the street abuttin onthelotuponwhichsuchbuildincisproposedtobeplacedshallhavebeenapprovedbytheBoardofTrusteesasapublicstreet.
21.9-2 Unrecorded Plats.No owner or scent of the ownerofanylendlocatedwithinasubdivisionshalltransfer,sell,aree to sell,or neotiate to sell any land by reference to,exhibition of,or by the use of a plan or plat of a subdivisionbeforesuchplanorp1sthasbeenapprovedbytheBoardofTrusteesandrecordedintheofficeoftheLarimerCountyRecorder.The description of such lot or parcel by metes andboundsintheinstrumentoftransferorotherdocumentsused intheprocessofsellincortransferrinshallnotexemptthetransactionfromanypenaltiesprovidedbylaw.
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21.9-3 Final Approval of Pat.Before the Board of
Trustees shall accept a Final Flat,the subdivider or owner shall
have laid out and constructed all improvements specified by the
Board of Trustees for completion at such time;or in lieu thereof,
the subdivider shall have entered into a written arrreement with
the Town wherein the subdivider shall aL-tree to make such improve
ments and shall have deposited a bond with sufficient sureties
thereon approved by the Town quaranteeinc his faithful performance
of his covenants therein made,or have deposited sufficient
funds in escrow with the Town to cover the cost of such improve
ments.Such bonds or such escrowed funds uaranteein-r the per
fornance of the subdivider?s covenants shall be in an amount at
least equal to one hundred and fifty percent (150%)of
the then current cost of performin.the covenants therein made
by the subdivider.The cost of the above improvements shall
be determined by the Town Enrineer.The subdivider shall have
one year from the date of the final approval of the plat by the
Board of Trustees in which to complete the improvements as
specified by the Town.At the end of one year from the dateof
final approval of the plat the Town may at its election use
the funds deposited in escrow or the surety bond to make the
improvements as specified by the Town.
21.9-L Surveys to be Filed.The followin surveys
shall be filed in the Town Enineerts office:
(a)Any retracing of old surveys.
(b)Any survey chanpinç lot boundries or lines.
(c)Any survey establishin new lot boundries or
lines (such as splittin a lot).
21.10 Definitions.As used herein,the followin words
and phrases are defined as follows:
(a)Alley:A public way with less width than a street
and desinated for special access to the rear of buildinirs.
(b)Easement:A crant of the richt to use a strip of
land for special purposes.
Cc)Lot:A portion of a subdivision intended as a
unit for transfer of ownership or for development.
Cd)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.
Ce)Street:A public way for sidewalk,roadway,and
utility installations,being the entire width from lot line to
lot line,and including the terms “road,”“hihway”,“place,”
ttavenue,lJ “drive,”or other similar desi.nations.
(f)Street (part width):The dedication of a portion
of a street,usually alonc the edre of a subdivision where the
remainin1 portion of the street could later be dedicated in
another subdivision.
()Street (local):A street used primarily for access
to abuttin.property.
fh)Street (major):A street used primarily for thi’ouh
traffic.
(i)Street (secondary):A street used to some extent
for throuh traffic and partly for access to abuttin properties.
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Ci)Subdivider:Any person dividin or proposin
to divide land so as to constitute a subdivision to be shown on
a recorded plat.
(k)Subdivision:The division of any tract or parcel of
land into three or more lots of less than acres in size
for the purpose,whether immediate or future,of transfer of
ownership or for building development or for street use by
means of a recorded plat.
SECTION 2.It is the intention of the Board of Trustees
that the provisions of this ordinance are hereby declared to
be severable,and if any section,provision,or part thereof
shall be held unconstitutional or invalid,the remainder of
this ordinance shall continue in full force and effect,it
bein to the leislative intent that this ordinance would have
been adopted even if such unconstitutional matter had not been
included therein.It is further declared that if any provision
or part of this ordinance,or the application thereof to any
person or circumstances,is held invalid,the remainder of this
Ordinance and the application thereof to other persons shall
not be affected thereby.
Section 3.All Ordinances and parts of Ordinances in
conflict herewith be,and the seine are hre5y repealed.
Section L.The Board of Trustees herewith finds,
determines and designates that this Ordinance is necessary
for the immediate preservation of the public peace,health and
safety,and whereas in the opinion of the Board of Trustees an
emerency exists,this Ordinance shall take effect and be in
force five (.)days after its final passace,adoption and
public ation.
Nayo r
A.
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