HomeMy WebLinkAboutORDINANCE 22-820 0
ORDINANCE NO.22-82
AN ORDINANCE AMENDING CHAPTER 16
OF THE MUNICIPAL CODE OF THE TOWN
OF ESTES PARK,COLORADO,THE SAME
PERTAINING TO SUBDIVISION REGULATIONS
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
Section 1.That Chapter 16.36 of the Municipal Code
of the Town of Estes Park,Colorado,is deleted in its
entirety,and a new Chapter 16.36 Improvement Guarantee
shall be added to read as follows:
16.36.010 Improvements completed or guaranteed.In
additionsor subdivisions where buildings or similar improve
ments have been constructed,placed or installed,all improve
ments required by this chapter and by Sections 16.28.180 and
16.28.210 through 16.28.270 must be installed or upgraded as
required by the Municipal Code of the town of Estes Park;or
the installation or upgrading of such improvements must be
guaranteed by the subdivider of said additions or subdivisions,
as hereinafter provided.All improvements must be completely
installed,upgraded,or a guarantee filed with the town prior
to the approval of the final plat.
In additions or subdivisions where no buildings or similar
improvements have been constructed,placed or installed,all
improvements required by this chapter and by Section 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 installa
tion of such improvements must be guaranteed by the subdivider
of the addition or subdivision,as hereinafter provided.Said
improvements must be installed or a guarantee filed with the
town prior to the issuance of the first building permit.
16.36.020 Guarantee form and deposit.The guarantee
required by Section 16.36.010 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 improvements
have been constructed,placed or installed prior to annexa
tion or subdivision;or where no buildings or similar improve
ments have been constructed,placed or installed before the
issuance of the first building permit:
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
the completion of all required improvements.Said surety
bond shall be in a form acceptable to the town.
2.A deposit of cash or other collateral acceptable
to the town in an amount not less than the town’s estimate
of the cost of completion of all required improvements.
3.An irrevocable letter of credit in the amount
not less than the town’s estimate of the cost of completion
of all required improvements.Said letter of credit shall
be in a form acceptable to the town.
4.The town’s cost estimate in subsections 1,2,and 3
of this Section shall include the cost of extending such
improvements from any existing improvements.
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16.36.030 Time for completion.The required time for
the completion of all required improvements shall be one year
from the date of the approval of the final map or plat or
of the application for the first building permit,as the
case may be;provided that the board of trustees may extend such
time for completion upon request from the subdivider.Upon
completion of such improvements within the required time and
approval thereof by the town,the town shall cause the bond,
cash,other collateral,or letter of credit to be released within
thirty days of the acceptance of such improvements by the town.
When such improvements are not completed within the required time,
the town may cause the proceeds of the bond,cash,other collateral,
or letter of credit,to be used to complete the required improve
ments.The town,in its sole discretion,may release a portion
of such bond,cash,other collateral,or letter of credit as
some of the required improvements are completed and accepted
by the town.
16.36.040 Warranty.All workmanship and materials for
all required improvements shall be warranted by the subdivider
for a period of one year from the date of acceptance of the
required improvement by the town;provided that any defects
which are the result of public abuse,misuse or acts of God
are not the responsibility of said subdivider.In the event
that any other provision of this code or specifications
adopted pursuant thereto require a warranty of workmanship
or materials for a different period of time,that provision
requiring the longer period shall govern.The inspection or
acceptance of any required improvement by the town shall not
relieve the subdivider of his warranty of workmanship and
materials.
Section 2.The Board of Trustees of the Town of Estes
Park,Colorado,herewith finds,determines and designates that
this Ordinance is necessary for the immediate preservation of
the public peace,health and safety,in order to provide for
uniform subdivision regulations;and whereas,in the opinion
of the Board of Trustees,an emergency exists,this ordinance
shall take effect and be in force immediately after its passage,
adoption and signature of the Mayor.
and read at a regular meeting o the Board of Trustees on the
_________________
days of
____________,
1982,and published
in a newspaper of general circulation ia—the Town of Estes
Park,Colorado,on the’t day of
_____________,
1982,
7allasrequiredbytheStatutesofthe State of Colorado.
k
Town Cle’tk
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I hereby certify that the above ordinance was introduced
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