A. Purpose: The purpose of this Section is to allow the requirement for a replat to be waived in single-family developments within older subdivisions in order to alleviate the time and expense platting in areas where original platting information may be hard to obtain or inaccurate. It is not the purpose of this Section to promote the subdivision or resubdivision of lots without filing a Final Plat.
B. Applicability: This Section authorizes the waiver of a replat only for properties that meet all the following criteria:
1. The current legal description comprises one of the following:
a. A Lot of Record;
b. The consolidation of multiple whole platted lots;
c. Portions of one (1) or more platted lots and the parcel contains the minimum lot area and minimum width for the zone district in which the property is located; or
d. A platted lot and an unplatted portion of vacated right-of-way.
2. If the legal description of the subject property consists of a portion of one (1) or more platted lots, proof must be provided that any illegal subdivision of the property was completed at least eighteen (18) years before submission of the waiver of replat.
3. The owner agrees to convey any rights-of-way that would normally be required as a condition of a replat. If this is required, the owner must convey the right-of-way by a separate deed and pay for the preparation and recording of the deed after the deed is approved by City Real Estate Services.
4. No major public improvements such as drainage structures are required.
5. Approved direct access to an acceptable, existing public street exists.
6. The applicant agrees to pay applicable fees that would normally be paid prior to recording of the replat.
7. The applicant agrees to convey easements required for utilities and access.
8. No structures exist across external property lines of the ownership configuration.
C. Waiver of Replat Process:
1. Application Submission:
a. A completed application form, as required by the Manager, together with any applicable fees;
b. Proof of ownership;
c. Proof of the date of the creation of the legal description of the parcel under consideration;
d. The date of annexation of the pa rcel;
e. Copy of the recorded plat in order to verify rights-of-way;
f. A waiver of replat plan, drawn to scale, that includes all of the following:
(1) All of each platted lot of which the parcel is a part;
(2) The boundaries and dimensions of the ownership configuration;
(3) Location, dimensions, and setbacks of all existing structures;
(4) Existing utilities located on the site, clearly labeled;
(5) Location, names, and rights-of-way of all adjacent streets and alleys;
(6) All access points on property adjacent to or across the street from the applicant's property;
(7) A bar scale and north arrow;
(8) The legal description of the parcel, taken from the deed to the property, and the recording information (book and page or reception number) of that deed;
(9) The book and page and/or reception number of the recorded plat of which this parcel is a part;
(10) The owner's name, address, and phone number; and
(11) The City file number related to waiver of replat in the lower right-hand corner within the border;
(12) A complete property owner authorization and notarization of the ownership statement along with the City approval statement outlined in the Waiver of Replat Application Requirements; and
(13) The following note if applicable:
"This waiver of replat has been surveyed and/or prepared by… (Individual or firm)… for the purpose of the depiction of the improvements and property lines of this document. All monuments shown on said waiver of replat are for informational purposes only and do not represent a land survey plat or improvement survey plat and no stamp or signature by the surveyor is necessary."
2. Distribution: The Manager shall date and file the application and shall transmit copies of the site plan to those agencies having an interest in the proposed Building Permit for their review and comments.
3. Manager's Action: The Manager shall either approve, approve with conditions, or deny the request based upon compliance with the criteria in this Section. If the Manager approves the request, the site plan shall be recorded with the El Paso County Clerk and Recorder's Office. If the Manager approves the request with conditions, the applicant shall fulfill the conditions of approval prior to the issuance of Certificate of Occupancy. If the Manager denies the request, the Manager shall provide notification to the applicant with all reasons for denial clearly specified.
4. Easements: Unless vacated through a separate process by City Real Estate Services, existing easement(s) adjacent to the property line shall remain in their original locations as platted or created. (Ord. 23-03)