Loading...
The Department of Community Development will record the plat and any related documents with the Eagle County Clerk and Recorder; however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the town with a certification from the Eagle County Treasurer’s office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The Department of Community Development will retain one Mylar copy of the plat for their records.
(Ord. 2(1983) § 1; Ord. 18(1993) § 1)
After final approval and acceptance of dedications (or payment in lieu thereof), applicable site improvement permits may be issued by the Department of Community Development and the Department of Public Works. The developer may proceed with such additional requirements, permits or authorizations as may be required by this title or regulations of the town. No permits shall be granted or authorization to proceed in the event final approval is not granted or the provisions of § 13-3-11 of this chapter are not satisfied. No permits shall be issued, or said permits may be withdrawn, if any project proceeds or attempts to proceed not in conformance with either the approved environmental impact report or the final plat and associated material as approved.
(Ord. 2(1983) § 1; Ord. 29(2005) § 56)
A written agreement between the town and the subdivider shall be required in order to guarantee the construction and maintenance of required improvements. Said agreement shall cover 100% of the current estimated cost of the improvements at the time they are to be installed as computed by the Town Engineer and approved by the Town Manager. The agreement shall provide all information necessary to allow the Town Engineer to formulate an estimate. The guarantee shall be in the form of a cash escrow with the town, or a bank or savings and loan association; or an irrevocable sight draft or letter of commitment from a financially responsible lender; and shall give the town the unconditional right, upon default by the subdivider to withdraw funds upon demand to partially or fully complete and/or pay for any improvements or pay any outstanding bills for work done thereon by any party. The subdivider shall also agree to warranty all improvements for a period of one year after acceptance by the town. No building permit or certificate of occupancy shall be issued within the subdivision if said agreement is in default until the deficiencies are corrected. The agreement shall be recorded along with the final plat.
(Ord. 2(1983) § 1)
As portions of the improvements to be dedicated to the town are completed, the Town Engineer shall inspect them, and upon approval and acceptance, he or she shall authorize the release of the agreed estimate for that portion of the improvements except that 10% of the estimated cost shall be withheld until all proposed improvements are completed and approved by the Town Engineer. The subdivider shall in no way be relieved of any obligations to make the improvements, nor is the town obligated to assume the responsibility for any improvements by reason of the acceptance or any approval of any guarantee. Improvements not to be dedicated to the town shall be inspected and accepted by the appropriate governing body or district.
(Ord. 2(1983) § 1)
If no improvements as outlined in § 13-3-8 of this chapter are installed within three years of the date of Planning and Environmental Commission approval, the plat shall become instantly nonexistent. All right to improve or develop the property on the part of the owner or subdivider shall thereby be relinquished.
(Ord. 2(1983) § 1)