The purpose of the subdivision review procedures is to ensure compliance with all the standards and requirements in this Development Code, and encourage quality development consistent with the goals, policies and objectives in the Creede Comprehensive Plan.
(a) Applicability. The procedures of this Section shall apply to all subdivisions or re-subdivisions that result in the portioning, dividing, combining, or altering of any lot, parcel, or tract of land, including land used for condominiums, apartments, or any other multiple dwelling units or creation of an estate in airspace, except any subdivisions that are specifically excluded by state law. If a tract of land that has been created or subdivided in the past is later described as a single tract in deeds or plat by the legal or equitable owners, any later subdivisions of that tract, even if along the lines of the earlier subdivision, shall be subject to the requirements of these regulations. If any tract of land has been subdivided as one type of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example, conversion of a condominium subdivision to a timesharing subdivision), the conversion shall be subject to the requirements of this Development Code. Unless the method of disposition is adopted for the purpose of evading the requirements of the Development Code, this procedure shall not apply to any division of land that:
(1) Is created by a lien, mortgage, deed of trust or any other security instrument;
(2) Is created by any interest in an investment entity;
(3) Creates cemetery lots;
(4) Creates an interest or interests in oil, gas, minerals, or water that are severed from the surface ownership of real property;
(5) Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common of such interest. For the purpose of this Subsection, any interest in common owned in joint tenancy shall be considered a single interest; or
(6) Creates a leasehold interest with a term of less than twenty (20) years and involves no change in use or degree of use of the leasehold estate.
(b) Subdivision categories. Categories of subdivisions are established and defined as follows for the purpose of determining the appropriate subdivision review procedure:
(1) Major subdivision. Major subdivisions include all subdivisions which would create four (4) or more separate parcels of land or which would require or which propose public improvements.
(2) Minor subdivisions. Minor subdivisions include all subdivisions which would create less than four (4) separate parcels of land, subdivisions which do not require or propose public improvements, subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat, and subdivisions which move any lot lines by more than two (2) feet; but shall not include subdivisions which are administrative subdivisions. Condominium and timeshare subdivisions more than four (4) units which do not propose public improvements shall be processed as minor subdivisions.
(3) Administrative subdivisions. Administrative subdivisions are subdivisions which include dividing a parcel of land for a duplex, subdivisions for the purpose of correcting survey errors, condominium and timeshare subdivisions up to four (4) units, and subdivisions which adjust lot lines by two (2) feet or less and which do not change the number of lots. The City Manager shall have the authority to determine that an administrative subdivision application shall be processed as a minor subdivision where the character of the subdivision application, or multiple applications, presents issues which warrant review and approval by the Board of Trustees. All administrative subdivisions are exempt from notice requirements outlined in §9-3-20(d).
(c) Review procedures. Applications for a subdivision shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for subdivision must be initiated by the owner of real property. The City Manager may combine preliminary plan and final plat review where the subdivision application can be reviewed efficiently and effectively with a combined process. Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary plan incorporating the application requirements of both the PUD and subdivision preliminary plans. The provisions and procedures for public notice, hearing, and review for a PUD as prescribed in the Development Code shall apply to the application.
(d) Review authority. The review authority for a subdivision application shall be determined by the subdivision category.
(1) Major subdivision. Major subdivisions shall be required to obtain approval for preliminary plan and for final plat. The PZC shall review a preliminary plan for a major subdivision application and shall provide a recommendation to the Board of Trustees after conducting a public hearing. The Board of Trustees shall render the final decision on a preliminary plan for a major subdivision application after conducting a public hearing. The Board of Trustees shall review the final plat for major subdivision applications and render a final decision after conducting a public hearing. The preliminary plan and final plat for major subdivisions shall be approved by resolution of the Board of Trustees.
(2) Minor subdivision. Minor subdivisions shall require final plat review and approval only where no public improvements are proposed; however, the review criteria for a preliminary plan shall apply to review of minor subdivision final plats in addition to the review criteria for a final plat. The Board of Trustees shall render the final decision on a minor subdivision application after conducting a public hearing. Minor subdivisions shall be approved by resolution of the Board of Trustees.
(3) Administrative subdivisions. Administrative subdivisions shall require final plat review and approval only; however, the review criteria for a preliminary plan shall apply to review of administrative subdivisions in addition to the review criteria for a final plat. The City Manager shall review and render decisions on administrative subdivisions. A decision of the City Manager may be appealed to the Board of Adjustment pursuant to §9-3-130, Appeal.
(e) Preliminary plan review criteria. The reviewing authority will use the following review criteria as the basis for recommendations and decisions on applications for preliminary plat subdivision applications:
(1) The proposed subdivision shall comply with all applicable use, density and development standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Article and that would affect or influence the layout of lots, blocks, and streets. Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible;
(2) The subdivision application shall comply with the purposes of the Development Code;
(3) The subdivision application shall be consistent with the Creede Comprehensive Plan and other community planning documents;
(4) The land shall be physically suitable for the proposed development or subdivision;
(5) The proposed subdivision shall be compatible with surrounding land uses;
(6) Conveyance of water rights: In order to provide a continuing source of municipal water for the City of Creede, all subdivisions may be required to transfer water rights or provide a fee in lieu thereof;
(7) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services;
(8) The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the City of Creede Comprehensive Plan;
(9) The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines;
(10) The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area;
(11) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD;
(12) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a "conditional capacity to serve" letter for the proposed subdivision;
(13) That the general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes of this Development Code;
(14) Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations;
(15) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed;
(16) The subdivision application addresses the responsibility for maintaining all roads, open spaces, and other public and common facilities in the subdivision and that City can afford any proposed responsibilities to be assumed by the City;
(17) If applicable, the declarations and owners' association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the City; and
(18) As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing.
(f) Final plat review criteria. After approval of a preliminary plan, the applicant may submit an application for a final plat. The following criteria shall apply to review of a final plat subdivision application:
(1) The City Manager and/or Land Use Administrator shall compare the legal description of the subject property with the County records to determine that:
a. The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel;
b. The lots and parcels have descriptions that both close and contain the area indicated; and
c. The plat is correct in accordance with surveying and platting standards of the state.
(2) The final plat conforms to the approved preliminary plan and incorporates all recommended changes, modifications and conditions attached to the approval of the preliminary plan;
(3) The final plat conforms to all preliminary plan criteria;
(4) The development will substantially comply with all sections of the Development Code;
(5) The final plat complies with all applicable technical standards adopted by the City; and
(6) Appropriate utilities shall provide an ability to serve letter including, but not limited to, water, sewer, electric, gas, and telecommunication facilities.
(g) Public improvements guarantee. Guarantees for public improvements shall comply with the following:
(1) No final plat shall be approved or recorded until the applicant has submitted, and the PZC and the Board of Trustees have approved, a Subdivision Improvements Agreement (SIA) guaranteeing the construction of improvements shown in the final plat documents, which have not previously been completed and approved by the City. Such agreement shall set forth a method and a time schedule for construction of said improvements. The SIA shall run with and be a burden upon the land described in the agreement.
(2) The SIA shall contain a security arrangement approved by the City, which reasonably guarantees that the required improvements shall be completed. The guarantee may take the form of a performance bond or an irrevocable letter of credit. Such security arrangement shall provide that the City may cause the improvements to be completed if not completed pursuant to the timetable specified in the SIA. The cost of completion then will be paid pursuant to the security arrangement. The amount of security posted shall not limit the liability of the applicant to pay for the full cost of completion of the improvements.
(3) The security shall not be released until the City has inspected the improvements and accepted them as completed in accordance with the SIA and the warranty period has expired. The agreement shall require letters or receipts from all utility companies stating the required installations have been completed and paid for before the security is released.
(4) The applicant shall be responsible to correct and repair any defect in any improvements due to materials or workmanship which appears for a period of two (2) years from the date of approval of completion.
(h) Revocation. An approval of a final plat is revoked pursuant to this Section.
(1) Recording. The City shall cause the final plat and restrictive covenants, if any, to be recorded within ninety (90) days from the date of approval and acceptance of the Board of Trustees.
(2) Vacation. The final plat approval shall include a determination of a reasonable time by which the project should be completed. All plats given final approval shall contain a notation indicating the date by which a project is expected to be completed, that shall be prima facie evidence of a reasonable time by which the project should have been completed. A plat or any portion thereof that has been finally approved by the Board of Trustees and has been recorded shall be subject to vacation proceedings if the project that is the subject of the subdivision is not completed within the time set by the Board of Trustees.
(3) Extension. Extensions of the time limit for project completion may be obtained from the Board of Trustees for good cause shown, upon request by the applicant or owner of the tract, if made before vacation proceedings are instituted.
(Ord. 395 §3, 2016)