A. Purpose: The purpose of this Section is to:
1. Provide for a preliminary plan review through a Development Plan;
2. Provide a procedure for certain Minor Modifications to an approved Final Plat prior to recording; and
3. Ensure that the resulting Final Plat is timely recorded with the Clerk and Recorder of El Paso County.
B. Applicability:
1. Approval of a Final Plat is required for all proposed subdivisions or replats of property.
2. The Final Plat may be reviewed concurrently with the Land Use Plan or the Development Plan if the Land Use Plan or Development Plan has not already been finally approved.
C. Final Plat or Replat Process: Final Plat, Plat Modification, and Replat:
1. The applicant shall submit the Final Plat and any related information to the Manager.
2. The Manager shall refer the complete Final Plat to other affected City departments or agencies, and to other governmental agencies as required by law, for review and comment.
3. The Manager shall review and notify the subdivider in writing (through comments on the submitted Final Plat or through a review letter) of any required Final Plat revisions.
4. Upon receipt of a Final Plat containing all required revisions, the Manager may:
a. Refer the plat to City departments or agencies and/or other governmental agencies for follow up review and comment and then notify the subdivider of additional revisions; or
b. Approve or deny the Final Plat.
5. A Final Plat shall be approved by the Manager if it complies with the standards and requirements of this UDC and any other applicable City policies, standards, and ordinances, as modified by any Administrative Adjustments approved under Section 7.5.524 (Administrative Adjustment), and includes all required changes to, and conditions attached to, other approved applications and/or documents for the same property.
D. Final Plat Requirements:
1. Submission: In addition to complying with Section 7.5.403 (Application Submission), the applicant shall submit the required Final Plat indicated on the application form and shall submit proof of ownership of all land included in the Final Plat, which may include a deed, title insurance policy, or Tax Assessor's statement.
2. Specifications of a Final Plat:
a. Code Requirements: The proposed subdivision shall meet all applicable requirements of this UDC and any other applicable City policies, standards, and ordinances.
b. Preparation: A professional land surveyor, licensed by the State of Colorado, shall clearly and legibly prepare the Final Plat.
c. Readability: All line annotation and all other text must be easily and clearly readable. No text may overwrite other text or be overwritten by map lines.
d. Sheet Size: The sheet size shall be twenty-four (24) inches by thirty-six (36) inches including one-half (1/2) inch border with "landscape" orientation. North may be oriented from plus ninety (90) degrees to minus ninety (90) degrees of "True North."
e. Scale: The Final Plat must be drawn to an appropriate fixed scale to clearly and effectively communicate the required information. Alternative scales may be approved by the City Engineer based on their ability to clearly and effectively communicate required information. A bar scale reflecting this scale shall be placed on the Final Plat.
f. Leader Lines: Plats shall include leader lines whenever a dimension is not clearly and unmistakably associated with a given line, line segment, arc, or line and curve table.
g. Identification System: All lots and blocks in the subdivision shall be numbered, beginning with the numeral "1" and continuing consecutively throughout the tract, with no omissions or duplications. All tracts shall be likewise labeled beginning with the letter "A". Lots and tracts shall be labeled with the area of the lot or tract.
h. Multiple Sheets: Whenever a plat drawing spans multiple sheets, clear and well labeled match lines and a key map shall be included on each sheet. Labels will be of the nature "see sheet number." Duplicate street names, widths, lot numbers, tract names, easement labeling, or any such labeling is required when any feature is shown on multiple sheets.
3. Information Required to be Shown on a Final Plat:
a. Subdivision Name, Subtitle: The name of the subdivision shall be included at the top of each sheet, followed by a subtitle identifying the section, township, and range information along with City, County, and State.
b. Property Description: An accurate and clear metes and bounds property (legal) description of the overall boundary of the subdivision with the acreage of the subdivision is required. All courses, calls, monuments, and similar information used in the description shall be shown and labeled on the drawing, including the point of beginning and point of commencement. Property descriptions in any other format, as may be provided by a title company, deed, etc., may be shown, followed by "also described as (metes and bounds description) or as surveyed description." Replats shall use the legal description of the recorded subdivision including the name of the subdivision, blocks, and lots, as appropriate.
c. Dedication Statements: Statements of each tract of land to be dedicated to the City for parks, public open space, drainage, or other public uses, grants of easements, and dedication of public streets and alleys to the City shall be included.
(1) All plats with dedicated public streets, easements, or tracts must have the following sentence in the dedication statement:
"The undersigned does hereby dedicate, grant and convey to the City of Colorado Springs those public streets, tracts and public easements as shown on the plat; and further restricts the use of all public easements to the City of Colorado Springs and/or its assigns; provided however, that the sole right and authority to vacate, release or quitclaim all or any dedicated public streets, tracts and public easements shall remain exclusively vested in the City of Colorado Springs."
(2) All plats with public streets or additional public right-of-way shall have the following sentence in the dedication statement:
"All public streets or additional public rights-of-way are hereby dedicated to the City of Colorado Springs for public use."
(3) All plats with other tracts being dedicated to the City shall have the following similar sentence in the dedication statement for each tract:
"Tract X is hereby dedicated to the City of Colorado Springs for (list the purposed public use, i.e., park, open space or drainage) and any other public use the City deems appropriate."
d. Statement Regarding Private Streets: All plats with private streets shall have a special numbered plat note with the following sentence:
"All private streets (insert names) are privately owned and maintained by (list owner name, owner's association, etc.)."
e. Statement Regarding Public Easements or Tracts:
(1) All plats with public easements or tracts shall have a special numbered plat note defining the purpose and perpetual surface maintenance responsibility for each public easement or tract, such as:
"Easement or Tract X is for (list the purposed public use i.e., park, open space or drainage) with maintenance of the surface being vested in the (City, owner, homeowners' association or district, etc.)."
(2) A statement of a public purpose for dedication of a tract shall not be deemed a limitation on the use of the tract by the City or the City's ability to dispose of the tract.
f. Statement Regarding, and Conveyance of, Private Easements or Tracts:
(1) Private easements cannot be created by plat but shall be created through separate instrument.
(2) All plats with private tracts shall have a special numbered plat note defining the purpose and perpetual maintenance responsibility for each private easement or tract, such as:
"Easement of Tract X is for (list the purposed private use, i.e., landscaping, private pocket park or drainage) with maintenance of the surface being vested in the (owner, homeowners' association or district, etc.)."
(3) All private easements shall be required to be conveyed to the entity responsible for perpetual maintenance by separate instrument prior to or after recording of the Final Plat.
g. Statement Regarding Avigation Easements:
(1) All plats in which any portion of the property to be platted is located within the AP-O district, or is located within the AF-O district, or within the latest 65 DNL noise contour for that airport, whether submitted independently with a Development Plan or together with a Development Plan, and for which an avigation easement has not been recorded, shall include the statement in Subsection (a) below and the statement in Subsection (b) below, as applicable.
(a) Plats within the AF-O: United States Air Force Academy Overlay:
"Note: This property may be impacted by noise and other similar sensory effects of flight caused by aircraft both in the United States Air Force Academy's Airmanship Program and during special events. This notice shall remain in effect until the Air Force Academy shall cease to be used for flight training purposes, or until all airports on the Air Force Academy shall cease to be actively used. This notice shall run in perpetuity with the land."
(b) Plats within the AP-O: Airport Overlay: The avigation easement dedicated herein for public avigation purposes, shall be considered a public easement subject to those terms and conditions as specified on the instrument recorded at reception no. 217069667 of the records of El Paso County, Colorado (or a successor instrument identified by the Manager). All other easements or interests of record affecting any of the platted property depicted hereon shall not be affected and shall remain in full force and effect.
h. Statement of Ownership and Acknowledgment: All plats shall have a notarized signature of the owner confirming ownership of the land included in the plat and acknowledging the owner's consent to recording of the plat.
THE AFOREMENTIONED, (ENTITY NAME), A (STATE) (ENTITY TYPE), BY (SIGNERS NAME), AS (TITLE), OF (ENTITY NAME) A (STATE) (ENTITY TYPE) HAS EXECUTED THIS INSTRUMENT THIS ___ DAY OF ________, 20__, A.D.
(SIGNERS NAME), (TITLE)
STATE OF _____________)
)ss
COUNTY OF ____________)
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF _________. 20__, A.D. BY _____________, AS ______________, OF _____________, A (STATE) (ENTITY TYPE).
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES: ____________ _______________
NOTARY PUBLIC
i. Statement Acknowledgement of Mortgagees and Lienholders: All plats shall have the signature of each mortgagee and lienholder, if any, and acknowledging each mortgagees' and lienholders' consent to the dedication of lands indicated for dedication on the plat in the following form.
"________________ has executed this instrument this __ day of ________, 20__, A.D. by ____________ as __________ of __________ a (state), (entity type) for the purpose of joining and consenting to the dedication."
j. Notary Statement: All plats shall include an acknowledgment of the execution of the plat before a notary public.
k. Surveyor's Statement: All Plats must include the following surveyor's statement:
"The undersigned Professional Land Surveyor licensed in the State of Colorado, hereby states and declares that the accompanying plat was surveyed and drawn under his/her responsible charge and accurately shows the described tract of land, and subdivision thereof, and that the requirements of Title 38 of the Colorado Revised Statutes, 1973, as amended, have been met to the best of his/her knowledge and belief."
l. Development of Area Subject to Code: All plats shall include a statement that the area included in the plat is subject to this Code as it applies to the development of the land, reading as follows:
"No Building Permits shall be issued for building sites within this plat until all required fees have been paid and all required public and private improvements have been installed as specified by the City of Colorado Springs or alternatively until acceptable assurances including but not limited to letters of credit, cash subdivision bonds or combinations thereof guaranteeing the completion of all required public improvements including but not limited to drainage, street and erosion control have been placed on file with the City of Colorado Springs."
m. Access Provisions:
(1) All plats shall provide adequate, suitable access and shall clearly indicate such access on the face of the plat. If access is not directly gained from public right-of-way, a separate signed and recorded easement must be provided and referenced on the face of the plat.
(2) If required by the City, the plat shall include a statement restricting access rights across the right-of-way lines of major highways, parkways, streets, or freeways, where required, as a provision of approval.
n. Vicinity Map: A vicinity location map necessary to locate the land included in the plat.
o. Preparation Date: Date of preparation of plat.
p. Easement Statement: When applicable, statement of standard easements as required on all side, rear, and front lot lines for public utilities, drainage and/or public improvements, as well as standard "triangle" public improvement easements at street intersections, as necessary. When all easements are shown and clearly labeled on the plat drawing, an "as shown on plat" statement may be used. Perpetual surface maintenance of all public easements created by the plat shall be assigned.
q. Fee Block: A fee block indicating the amounts of all fees required to be paid in connection with the Final Plat, including without limitation storm drainage, bridge, school, and park fees, and approved fees-in-lieu of any required land dedication, and confirming payment of each of those required fees.
r. Certificates for Execution: All plats shall have certificates for execution by each of the following or their duly appointed representative(s):
(1) City Engineer;
(2) Manager; and
(3) City Clerk.
s. Clerk and Recorder Block: A signature block for the El Paso County Clerk and Recorder that also states any recording fees and/or surcharges paid to the Clerk and Recorder.
t. Boundary Lines: The subdivision boundary shall be clearly distinguishable from other map lines by use of a distinct line type or thickness. All lines shall be labeled with a complete bearing and distance, and all curves will be labeled with a central angle (delta), radius, and arc length. Radial bearings and/or chord bearings shall be provided for all non-tangent curves. All dimensions shall be as determined by accurate field survey that must balance and close within an acceptable tolerance approved by the City as adequate considering the size and nature of the property involved. Adjacent and/or intersecting plat/deed lines shall be shown and labeled appropriately with recording information (book and page and/or reception number).
u. Streets: All street rights-of-way defined by the plat shall be clearly distinguishable from other map lines by use of a distinct line type and/or thickness. All lines shall be labeled with a complete bearing and distance, and all curves will be labeled with a central angle (delta), radius, and arc length. Radial bearings and/or chord bearings shall be provided for all non-tangent curves. Widths shall be labeled from each right-of-way line normal to the corresponding street centerline. All street centerlines defined by the plat shall be clearly distinguishable from other map lines by use of distinct line type and/or thickness. The plat shall show the right-of-way lines, widths, locations, and street names of all existing and proposed public or private streets:
(1) Within the proposed subdivision; and
(2) Immediately adjacent to the proposed subdivision; and
(3) Any private street shall include the designation "(private)" immediately following street name; any other private right-of-way that is not named shall include the designation "(private)" in a manner that clearly conveys such a status.
v. Easements: All plats shall show all easements as required by Colorado Springs Utilities, the City Engineer, and other public and quasi-public agencies. All easements shall be clearly labeled to include width, use, and identification as public or private, if necessary. Tie to property lines and annotate with bearings and distances as necessary. The plat shall clearly show and label all existing easements, to include width and book and page and/or reception number recording information, that cross, are adjacent to, or are located within the subdivision boundary.
w. Lots and Blocks: All lines of lots, blocks, and other parcels of land defined by the plat shall be clearly distinguishable from other map lines by use of a distinct line type and/or thickness. All lines shall be labeled with a complete bearing and distance and all curves will be labeled with a radius and arc length. Lots must close to an acceptable tolerance approved by the City as adequate in light of the size and nature of the property involved.
x. Legend: The plat shall have a legend that designates all lines and symbols except where called out on the plat drawing itself.
y. Inundation Mark: If within a designated FEMA flood hazard area, the plat shall clearly show the 100-year floodplain line. Reference the appropriate FEMA panel by which the location of this line has been determined as a plat note.
z. Bar Scale and North Arrow: All plats shall include an appropriately demarcated bar scale and a correctly orientated north arrow.
aa. Adjacent Subdivision: All plat shall include the names of adjacent platted areas along with the reception and/or plat book and page number, and shall indicate any adjacent unplatted area. Existing street rights-of-way that intersect the subdivision boundary or are adjacent to said boundary lines shall be clearly labeled with the
street name, right-of-way width, and appropriate deed or plat recording information in which the right-of-way is defined. All existing lots and blocks that are immediately adjacent to the subdivision boundary shall be shown.
bb. Basis of Bearing: All plats shall show a clearly defined basis of bearings, both verbally and graphically. All monumentation defining each line shall be shown and labeled on the plat drawing. When any line is not common with the subdivision boundary, it shall be accurately tied to the boundary with bearings and distances or relevant curve information.
cc. Public Land and/or Land Reserved in Deeds: All plats shall indicate the location of land intended to be conveyed or reserved for public use or reserved in the deeds for the use of all property owners in the proposed subdivision.
dd. Monuments: All plats shall show and label all monuments used to determine and/or describe a boundary (including basis of bearings, point of beginning, and point of commencement) shall be placed and set in accord with all state-law requirements.
ee. Not a Part of Subdivision: All plats shall show all areas enclosed within the subdivision boundary that do not constitute a part of the subdivision shall be labeled "Not a part of this subdivision." All lines pertaining to such areas shall be dashed.
ff. Square Footage: All plats shall label all lots and tracts with area in square feet or acres when exceeding one acre in size.
gg. Districts and Associations: All plats shall include recordation information (reception number, book, page, and date) for any maintenance district, metropolitan district, owners' association, or similar organization that is referenced for any ownership and/or maintenance responsibility related to the plat.
hh. City File Number: Each sheet of all plats shall include the City file number related to that plat in the lower right-hand corner in the one-half (1/2) inch border area of the sheet.
ii. Lot Street Address Block: All plats shall indicate the assigned street address of each lot included in the plat, or shall include a placeholder such as "xxx" for each lot until a street address for that block has been assigned.
jj. Other Information: The plat shall include all other information required by state law.
E. Supplemental Information and Attachments Required Prior to Recording: Each of the following shall be submitted to the City prior to recording the Final Plat.
1. Fees: All review, processing, and recordation fees, as well as all other fees required by this UDC or the City Code, including but not limited to drainage basin fees, detention pond fees, arterial roadway bridge fees, special district fees, and surcharges shall be paid. Payment by certified check may be required.
2. Proof of Ownership of Land Proposed to be Platted: Proof of ownership shall be submitted and may consist of a deed, title insurance policy, or Tax Assessor's statement.
3. Ad Valorem Taxes: Verification by the El Paso County Tax Assessor's Office that all ad valorem taxes applicable to the land comprising the proposed subdivision for the current year up to the date of recording and for years prior to the year in which the Final Plat is submitted for recordation have been paid. Verification may be in the form of a paid tax receipt, an archive report, Treasurer's statement, or a certificate for ad valorem property taxes.
4. Final Drainage Report: A final drainage report (or drainage letter when applicable) signed by the City Engineer.
5. Geologic Hazard Study: If required, a copy of the approved Geologic Hazard Study or exemption.
6. Reception Numbers: Reception numbers of all applicable easements, agreements, and documentation as may be referenced on the Subdivision Plat drawing or accompanying documentation for recording.
7. Documentation: Any or all accompanying documentation fully executed and ready for recordation concurrent with the Final Plat.
8. Conveyance of Private Easements: Conveyance of all private easements to the entity responsible for perpetual maintenance by separate instrument.
9. Assignments: Fully executed assignments of any reimbursements and/or land dedication credits, as applicable.
10. Assurances: Acceptable assurances as required by Section 7.4.306 (Assurances and Guarantees for Public Improvements).
F. Modification of Final Plat Prior to Recording: The Manager may approve modifications to the approved Final Plat prior to its recording only when all of the following criteria are met.
1. The rearrangement of lot lines does not increase the number of lots within the subdivision;
2. The rearrangement of lot lines does not move an approved lot line by more than ten (10) feet;
3. The requested modification complies with all other provisions of this UDC; and
4. None of the reviewing agencies objects to the requested modification.
G. Replats: A replat may be filed whenever it is desired to make changes to an existing plat. No changes to an existing plat shall be effective until a replat is approved and recorded pursuant to this Section.
1. Replats shall be approved by the Manager through the process in Section 7.5.519C (Final Plat or Replat Process).
2. Replats shall comply with the standards in Subsection 7.5.519D (Final Plat Requirements), except as modified by this Subsection G.
a. The title block of the replat shall identify the subdivision of record or that portion of the subdivision of record that is being replatted and any unplatted land that may also be included in the replat. The replat shall be identified by its own title. Example: "ABC Subdivision, a replat of Lots 4, 5 and 6 of Block 3 of XYZ Subdivision, together with a portion of Section XX, Township XX South, Range XX West" if the replat includes any unplatted portion of land.
b. The entire portion of all original platted lot(s) must be contained within the replat unless a waiver is approved in accord with Section 7.5.522 (Waiver of Replat).
c. The replat shall contain the following notice: "The approval of this replat vacates all prior plats for the area described by this replat."
d. The replat shall include two (2) drawings, one showing the "Currently Existing" lot and easement configuration, which also includes any unplatted land that will be included in the replat, and the other drawing showing the "As Replatted" lot and easement configuration.
e. The replat shall also show any unplatted land being included.
f. The replat shall include the book and page number or reception number and all existing and proposed easements, unless already vacated by a recorded quitclaim deed.
3. Approval of the replat vacates the previous platting of the replatted area.
H. Post-Approval Recording Process:
1. Once the applicant receives a written approval letter from the Manager approving the Final Plat, the applicant shall submit a mylar copy of the Final Plat to the Manager for recording within one (1) year after the date of the approval letter.
2. Failure to submit the approved Final Plat within one (1) year after the date of the approval letter shall void the final approval and the subdivider/applicant shall be required to submit a new Final Plat application for review.
3. Prior to expiration of the one (1) year period, the Manager may grant one (1) or more extensions for a period of not more than one (1) year upon the subdivider/applicant's request and for good cause shown.
4. The Final Plat approved by the Planning Department, City Engineer, and City Clerk shall be recorded by the City within three (3) business days of the final City signature. (Ord. 23-03)