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(A) Preliminary plan requirements.
(1) MINOR SUBDIVISION REQUIREMENTS is defined as six or less units or lots.
(a) Applicants should submit three copies of the following preliminary plan materials to the Administrator:
1. a. A title insurance commitment or policy including a schedule of exceptions to title, or an attorney’s title opinion addressed to the town, dated or endorsed to a date no more than 15 days prior to the date of application, showing that the applicant is the fee title owner of all subject property.
b. If such property is encumbered, it shall be required that such lien holder join in the dedication. It is the responsibility of the applicant to keep title policies current;
2. Documented proof of availability of central sewer and potable water utility services;
3. Documented proof of legal access if the subject property does not have direct contiguous access to a public road or street;
4. Any other special reports required by staff or the Planning Commission;
5. Any proposed subdivision improvements agreement;
6. Legal documents pertaining to the organization of any homeowners association for the maintenance of private roads, open space and the like, and other documents as required;
7. Label the current zoning on the subject and adjoining properties; and
8. Location of trash pick-up area, if required by the Commission.
(b) The plat shall contain the following information:
1. Title of plat and the phrase “Minor Subdivision - Final Plat” underneath;
2. Legal descriptions of property location by subdivision;
3. Prior reception number of previous property transfer; original subdivision name, if any, and book/page reference in the county records;
4. Basis of bearing and description and location of primary control points of monuments both found and set and ties to such control points to which all dimensions, angles, bearings and similar data on plat shall be referred;
5. A scale drawing of tract boundary lines, right-of-way lines of streets, easements and other rights-of-way and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves with long chord bearings and distances;
6. Names and right-of-way width of each street or other rights-of-way together with block and lot numbers;
7. Location, dimensions and purpose of any easement, including reference by book and page to any pre-existing recorded easements;
8. All dimensions necessary to establish the boundaries in the field;
9. Planned locations (with dimensions) of all improvements (building footprints, parking and the like) on the site for airspace subdivision plats (condos, town homes and the like);
10. Dimensions of improvements;
11. Notation of scale of drawing or representative fraction of the drawing(s), a bar-type graphical scale, north arrow (north is to point to the top of the plat sheet) and date of drawing;
12. Notation of which areas, other than residential lots, are dedicated or reserved, such as for open space;
13. Dedications and certifications by the owner and lien holder platting the property dedicating the streets, rights-of-way, easements and any sites for the town’s public uses or open spaces;
14. Certification by a surveyor ensuring the accuracy of the survey and plat and certifying compliance with the requirements of C.R.S. Title 38, Article 51, and the requirements of these regulations in the preparation of the final plat;
15. Certificate of approval by the Planning Commission and Town Board;
16. A general vicinity map showing the location of the subdivision being platted and the name of any underlying subdivision;
17. Location of sewer and water service lines and mains;
18. Contour lines at two-foot intervals after any grading is completed;
19. Statements describing improvements to the site such as revegetation measures, means of defining parking, surface material of parking and drives and the like;
20. Show by the use of dashed lines the required front, rear and side setbacks on typical lots or state setbacks by use type in a chart;
21. Ownership title description reference; and
22. Planned drainage areas for accommodating historic flows plus any increased runoff on the property resulting from development.
(2) MAJOR SUBDIVISION SUBMISSION REQUIREMENTS is defined as seven or more units or lots.
(B) Sketch plan submission requirements.
(1) Developers should submit five hard copies and one electronic copy of the sketch plan to the Administrator.
(2) The sketch plan should include the following items:
(a) A map showing the general location of the proposed subdivision, its property boundaries and the direction of true north;
(b) The name and address of the developer;
(c) The proposed name and location of the subdivision;
(d) The approximate total acreage of the proposed subdivision;
(e) The tentative street and lot arrangement;
(f) Topographic contours from available data, such as U.S. Geological Survey topographic maps;
(g) A lot and street layout indicating general scaled dimensions of lots to the nearest foot;
(h) Evidence that, prior to the subdivision of any unsubdivided land or the re- subdivision of any land within the corporate limits of the town or prior to the annexation of any land to the town for the purpose of subdividing, the developer shall be able to convey, transfer or assign to the town adjudicated water rights of sufficient priority that the rights will yield annually to the town a quantity of water equal to 1.5 times the water required to serve the proposed development.
1. a. In lieu of the conveyance of such water to the town, the developer, with the consent of the Board of Trustees, shall be prepared to pay to the town the money equivalent of such water.
b. The money equivalent shall be that amount determined by the Board of Trustees as being equal in value to the water required herein.
2. a. This evidence shall be provided by the developer to the Planning and Zoning Commission at the sketch plan stage to prove that the water rights described above are available for conveyance and sufficient in terms of quality, quantity and dependability to satisfy the requirements of this chapter.
b. Such evidence may include, but shall not necessarily be limited to:
i. Evidence of ownership or rights of acquisition of or use of existing or proposed water rights;
ii. Historic use and estimated yield of claimed water rights;
iii. Amenability of existing rights to a change in use; and
iv. Evidence concerning the potability of the claimed water rights.
(I) The sketch plan shall contain a description of the water distribution system contemplated for the proposed development;
(k) The sketch plan shall contain a description of the sewer collection system contemplated for the proposed development;
(l) A report and map showing all the significant natural and human-made features on the site and within one-half mile of any portion of the site. This report will include streams, canals, lakes, vegetation and geologic characteristics of the area significantly affecting the land use and determining the impact of such characteristics on the proposed subdivision. Specific emphasis should be placed on those portions of the site located in designated floodplain or undermined areas;
(m) A map showing soil types and their boundaries, as shown on soil survey maps prepared by the U.S. Department of Agriculture, Soil Conservation Service and also a table of all interpretations for the soil types shown on the soil map prepared by the Soil Conservation Service. (Requests for these maps and tables are made to the local Soil Conservation District; the subdivision does not need to be in a soil conservation district to obtain the map and table or have them prepared.);
(n) The scale of the sketch plan shall be not less than one inch equals 200 feet. Some variation from this will be acceptable in the case of large subdivisions provided the plans and design are clearly legible. The sketch plan shall include the name of the subdivision, and block and lot numbers. In the case of large subdivisions requiring more than two sheets at such a scale, an area plan showing the total area on a single sheet and an appropriate scale shall also be submitted; and
(o) Any other information the developer believes necessary to obtain the informal opinion of the planning staff as to the proposed subdivision’s compliance with the requirements of this chapter.
(C) Preliminary plat submission requirements. The preliminary plat application shall contain the following:
(1) One copy of an application for approval of a preliminary plat and all required supporting documents;
(2) Certified check payable to the town for filing fees as established by the Town Clerk;
(3) A minimum of ten black on white or blue on white prints of the preliminary plat and required supporting documents and one electronic copy;
(4) One additional set of materials is required when the property being subdivided abuts a state highway;
(5) Summary statement of proposal including the following:
(a) Total acres to be subdivided;
(b) Total number of proposed dwelling units;
(c) Total number of square feet of nonresidential floor space;
(d) Total number of off-street parking spaces, including those associated with single-family residential use;
(e) Estimated total number of gallons of water per day required;
(f) Estimated total number of gallons per day of sewage to be treated; and
(g) Estimated construction cost and proposed method of financing of the streets and related facilities, water distribution system, sewage collection system, storm drainage facilities and such other facilities as may be necessary to complete the development plan.
(6) List prepared by a licensed title or abstract company of all owners of record of property adjacent to and within 300 feet of the area of the proposed subdivision, including their addresses. This information will be utilized for notification of meeting time and date;
(7) Such other preliminary information as may be required by the Planning and Zoning Commission in order to adequately review the plat. Preliminary data should be prepared in graphic form avoiding time consuming final drafting procedures and detailed calculations; and
(8) The minimum data required for preliminary review are as follows:
(a) Location map: select a scale from one inch equals 500 feet to one inch equals l,000 feet, sufficient to show the proposed internal and the existing external road systems. Significant topographic features should be shown;
(b) Preliminary street plans: one inch equals 50 feet with two foot contours with alignment, graphic dimensions of right-of-way widths, curve radii and tangent lengths. The proposed typical structural and geometric cross sections, location, type and approximate size of appurtenant structures, such as bridges, culverts, traffic control devices, lot lines and other design features should all be shown;
(c) 1. Preliminary street profile preliminary profiles based upon the contours and the sketched alignments should be provided showing graphic grades, proposed lengths of vertical curves, limits of horizontal curves and locations of bridges and major culverts.
2. Where streets are to be temporarily stubbed at site or plat boundaries, the profiles should extend sufficiently beyond the boundary to assure the feasibility of a future extension that can conform to standards;
(d) 1. Preliminary drainage plan and report: the preliminary plan and report should contain the following minimum data. A basin contour map defining the drainage basins and illustrating the existing drainage patterns and concentration points with rough estimates of contributory acreage and runoff amounts.
2. A sketch of the proposed land development showing the consequent changes in the drainage patterns, concentration points and flooding limits with estimates of acreage, runoff coefficients and runoff amounts for the areas to be developed both now and the future within each basin.
3. A narrative of the proposed handling of the increased drainage at the concentration points or of internal pattern changes;
(e) Preliminary design of utilities: preliminary plans and profiles of the proposed water and sewer facilities should be provided showing the location of all existing and/or proposed water and sewer and other utilities relative to the development. Indicate the size, type and other pertinent data for all existing and proposed utility improvements;
(f) 1. Preliminary landscaping plan: a preliminary landscaping plan shall be submitted which shall show the approximate size and types of proposed planting and the location of the planting and its spacing.
2. The plan shall also show the approximate location, type, height, spacing and physical health of existing vegetation. A statement will be required explaining the intent of the preliminary landscaping plan, as for screening purposes and specimen tree plantings; and
(g) Letter from the fire district concerning fire protection and fire flow requirements for the proposed subdivision.
(D) Preliminary plat drawing requirements.
(1) The accuracy and location of alignments, boundaries and monuments shall be certified by a registered land surveyor licensed to practice in the state. A poorly drawn or illegible plat is sufficient cause for its rejection.
(2) The following data shall be included as part of the preliminary plat submission:
(a) Name of proposed subdivision;
(b) Location of subdivision as a part of some larger subdivision or tract of land and by reference to permanent survey monuments with a tie to a section corner or a quarter section corner;
(c) Names and addresses of the subdivider, the designer of the subdivision and the engineer and surveyor both of whom shall be licensed by the State Board of Registration for Professional Engineers and Land Surveyors;
(d) Date of preparation, map scale and north sign;
(e) Location by survey of streams, washes, canals, irrigation laterals, private ditches, culverts, lakes or other water features, including direction of flow, water level elevations and typical depths and location and extent of areas subject to inundation by a 100-year storm;
(f) 1. A traverse map of the monumented perimeter of the proposed subdivision along with all survey notes of subdivision perimeter and copies of all monument records.
2. The traverse shall have an error of closure of not greater than one part in 10,000. A survey tie to the state coordinate system or other permanent marker established by the town is required if practical;
(g) 1. The existing topography of the proposed development site shall be shown. A two-foot contour interval shall be used in areas where the predominant ground slope is less than 5%. A five-foot contour interval shall be used in areas where the predominant ground slope exceeds 5%.
2. In cases where predominately level topography occurs throughout a subdivision a one-foot contour interval may be required. Elevation data shall be referenced to U.S.G.S. datum.
3. The mapping accuracy shall be as specified by the American Society of Photogrammetry;
(h) Lot and street layout;
(I) Scaled dimensions of all lots to nearest foot and the area of each lot to the nearest square foot;
(j) Total acreage of entire proposed subdivision;
(k) Lots and blocks numbered consecutively;
(l) Location and principal dimensions and identification of all existing and proposed public and private easements and rights-of-way;
(m) Existing and proposed street names;
(n) The plat shall be drawn to a scale of one inch equals 100 feet, and shall indicate the basis of bearings, true north point, name of the subdivision, name of municipality, township, range, section and quarter section, block and lot number (of the property under consideration);
(o) An affidavit or valid title commitment that the applicant is the owner or equitable owner or authorized by the owner, in writing, to make application for the land proposed to be subdivided;
(p) 1. Location of sites to be reserved or dedicated for parks, playgrounds, schools or other public uses except streets and utility easements. The Planning Commission, upon consideration of town circulation and facilities and the future requirements of the subdivision, shall require the dedication of areas or sites of a character extent and location suitable for public use for schools and parks; and
2. At the time of submission of the preliminary plan, the developer shall submit an agreement for the dedication of land for public parks and school sites according to one of the following alternatives. Said proposal shall outline the conveyance of said lands or the payment of monies in lieu of land subject to the following guidelines.
a. Six percent of the gross land area shall be dedicated to the town for schools, parks, open space, police and fire stations or other public uses.
b. At the option of the Board of Trustees, the developer shall, in lieu of such conveyance of land, pay to the town in cash or terms acceptable to the Board of Trustees, an amount equal to 6% of the fair market value of the land as determined by appraisal on the date of the approval of the subdivision. If the town and the developer fail to agree on the fair market value of the land, the fair market value shall be fixed and established by a qualified appraiser selected by the town and the developer.
c. At the discretion of the Board of Trustees, the subdivider may provide a combination of divisions (D)(2)(p)2.a. and (D)(2)(p)2.b. above to satisfy the public site requirements.
(q) Sites, if any, for multi-family dwellings, shopping centers, community facilities, industrial or other uses, exclusive of single-family dwellings;
(r) Location, function, ownership and manner of maintenance of common open space not otherwise reserved or dedicated for public use. Information other than location of these areas is to be provided in a separate document;
(s) A separate location and vicinity map showing the following information within a one-half mile distance of the perimeter of the proposed plat:
1. Names and outlines of abutting subdivisions;
2. Related existing and planned streets and highway systems;
3. Subdivision boundary lines;
4. Zoning districts, taxing districts and other special districts, if any;
5. Water courses; and
6. Significant vegetation patterns.
(t) The subdivision street layout showing the following: proposed future street layout in dashed lines for any portion or parcel of the plat which is not being subdivided at the present time.
(E) Final plat submission requirements. The final plat shall conform to and include the following:
(1) The final plat submission shall conform in all major respects to the preliminary plat as previously reviewed and approved by the Planning Commission and shall incorporate all modifications required in its review. The Planning Commission, however, may approve a final plat which has been modified to reflect improvements in design or changes which have occurred in its natural surroundings and environment since the time of the preliminary plat review and approval;
(2) (a) A final plat may be submitted in sections or filings covering representative and reasonable portions of the subdivision tract.
(b) In such cases, submission shall include a map, indicating the sections designated for the entire tract, and each sheet numbered accordingly, including title, legend, match lines and other appropriate information. Where an entire parcel is not subdivided, the subdivider must indicate his or her intended plans for disposition of the remainder of the parcel;
(3) One copy of the application form for review of a final plat;
(4) Three black on white or blue on white prints of the final plat;
(5) Three copies of the engineering plans and all required supplemental material;
(6) The original reproducible drawing of the final plat prepared in accordance with the requirements of this chapter. Submit after final approval of Town Board within seven days;
(7) A certified check payable to the town review and filing fees for a final plat as established by the town;
(8) (a) All dedications, reservations or agreements concerning parks, school sites and access roads are subject to Town Board approval.
(b) Where such action involves another public agency, a letter of clearance from that agency shall accompany the final plat application;
(9) (a) A signed warranty deed conveying 6% of such land designated for public use or, at the discretion of the Board of Trustees, a certified check for an amount as may have been agreed to at the time the preliminary plat was approved.
(b) The deed shall be accompanied by a title insurance policy or other evidence that the land is free and clear of all taxes, liens or other encumbrances;
(10) In the case of a planned unit development, an official signed deed dedicating or reserving certain tracts or the development rights to such tracts for local use as may have been agreed to at the time the preliminary plat was approved. The deed shall be accompanied by a title insurance policy or other evidence that the land is free and clear of all taxes, liens or other encumbrances;
(11) An official signed document conveying the water rights required by this chapter to the town, or, at the discretion of the Board of Trustees, a certified check for an amount as may have been agreed to at the time the preliminary plat was approved. The document shall be accompanied by a title insurance policy or other evidence that the water is free and clear of all taxes, liens or other encumbrances;
(12) A bond acceptable to the town, or in the alternative, a letter of credit or a certified or suitable check equal to the total estimated construction cost of all required subdivision improvements not yet completed at the time of application for final plat approval. Such improvements shall include, but not necessarily be limited to, streets; roads; paving; curb and gutter; sidewalks; storm sewers; sanitary sewers, including collectors and outfall lines; water distribution and transmission lines; fire hydrants; street lights; street signs; traffic control devices; survey monuments; culverts; bridges; and landscaping features. Bonds or letters of credit may be negotiated based on development phases of the subdivision;
(13) An executed copy of the subdivision improvements agreement;
(14) An exact copy of a certificate of a title insurance company or abstract of title suitably certified or certificate of title or title opinion submitted by an attorney which shall set forth the names of all owners of property included in the plat and shall include a list of all mortgages, judgments, liens, easements, contracts and agreements of record, which shall affect the property covered by such plats. If the title opinion or commitment discloses any of the above, then, at the option of the Planning Commission, the holders or owners of such mortgages, judgments, liens, easements, contracts or agreements shall be required to join in and approve the application before the plat shall be acted upon by the Planning Commission;
(15) (a) Where a homeowners association or other entity is to be used for the administration and maintenance of private roads or open space and recreational facilities, a binding and perpetual agreement in regard to maintenance and access control shall be submitted with the final plat.
(b) Such agreement shall be in a form acceptable to the Town Attorney and the Planning Commission and shall include provisions for:
1. Adequate funding and self-enforcement by the homeowners association of the terms contained in the agreement;
2. Continuous safety inspections and immediate follow-up maintenance to correct unsafe conditions;
3. Receiving and processing complaints by authorized users of the private roads or open space and recreational facilities; and
4. Requiring written permission from the Board of Trustees before the association can be dissolved.
(16) Where a portion of an existing easement is contiguous to a proposed easement for right-of-way of a new subdivision, proof of the dedication of the existing easement or right-of-way acceptable to the Town Planning Commission must be submitted;
(17) When a new street will intersect with a state highway, a copy of the state highway permit shall be submitted;
(18) If a plat is revised, a copy of the old plat shall be provided for comparison purposes;
(19) A summary statement shall be submitted which shall include the following:
(a) Total development area;
(b) Total number of proposed dwelling units;
(c) Estimated total number of gallons per day of water system requirements;
(d) Estimated total number of gallons per day of sewage to be treated; and
(e) 1. Estimated construction cost and proposed method of financing of the streets and related facilities, water distribution system, sewage collection system, floodplain protection, storm drainage facilities and such other facilities as may be necessary.
2. If improvements are not to be completed prior to approval of the final plat, the cost estimates included in this statement shall be identical to those included in the improvement agreement.
(20) Certification of inclusion of the land represented by the final plat in any municipal or quasi-municipal district(s) formed for the purpose of providing sanitary sewer service and which has jurisdiction in the area platted;
(21) Certification from any special district having jurisdiction that all applicable fees have been paid relative to the final plat including sewer connection fees and/or plant investment fees or that an agreement has been executed acceptable to the District for such payment;
(22) A certified or suitable check payable to the town for the applicable water tap fees and/or plant investment fees represented by the area being platted. In the alternative, the developer shall submit a contract for payment of said fees in a manner and form acceptable to the town; and
(23) (a) No subdivision shall be approved until such data, surveys, analysis, studies, plans and designs have been submitted, reviewed and found to meet all sound planning and engineering requirements of the town and the conditions contained in these subdivision regulations and all other applicable ordinances of the town.
(b) The minimum data required for final plat review are as follows:
1. Street construction plans and profiles.
a. The typical street geometric and structural cross section is to be shown on each plan sheet. The plan must show right-of-way lines and widths, street name, lot lines, tangent lengths and bearings, curve radii, delta angles, curve lengths, chord lengths, intersections, structures, skew angles, curb lines, cross pans, traffic control devices (islands, striping, signs and the like), drive cuts, curb returns and radii and all other features to enable construction in accordance with approved standards. Scale one inch equals 50 feet.
b. The profiles are to include ground lines, grade lines, vertical curves, curve lengths, calculated grades, elevations, intersections and other critical points, structures and all other features required to enable construction in accordance with approved standards.
i. The scale to be one inch equals 50 inches horizontal and one inch equals one foot to one inch equals five feet vertical in flat and rolling terrain.
ii. The horizontal to vertical distortion is to be chosen to best depict the critical elevation aspects of the design.
iii. Where centerline grades at intersections are steep, curb return profiles are to be submitted showing necessary modifications to eliminate unsightly bumps or water retaining depressions that many times result.
c. Sufficient data should be given to construct major structures and road appurtenances, such as bridges, large culverts, curbs, drives, walks, cross pans and the like. Detail should include orientation, line and grade, cross sections, dimensions, reinforcement schedules, materials, quality, specifications and the like.
d. i. A structural section design report shall be submitted if a section other than the town standard structure section is to be used.
ii. The design criteria set forth in the street standards and specifications ordinance of the town provided such ordinance exists, shall be used in the preparation of the final street construction plans and profiles.
2. Final drainage plans and reports.
a. Plans and specifications based upon the approved preliminary plat and associated reports are to be submitted detailing design of the final storm drainage system, including construction details and alignment of storm sewers, catch basins, manholes, ditches, slope protection, dams, energy dissipators and the like.
b. Flow line profiles and layout elevations shall be, at minimum, 100-foot stations, and natural ground elevations shown to indicate any significant irregularities for all proposed conduits, channels, structures and the like.
c. Cross-sections of each water carrier shall be shown showing high water elevations and adjacent features which may be affected thereby.
d. i. Construction details of curb, curb and gutter, valley gutter, driveway apron and ditch culvert shall be included.
ii. Written approvals as may be required from other agencies or parties that may be affected by the drainage proposal shall also be submitted.
e. The drainage report shall include the supporting calculations for runoffs, times of concentration and flow capacity with all assumptions clearly stated and with proper justification when needed or requested.
f. The final drainage plan shall be prepared in conformance with the design criteria set forth in the street standards and specifications ordinance of the town, provided such exists.
3. Final utility plans and profiles.
a. i. Plans and specifications based upon the approved preliminary plat and associated reports are to be submitted detailing the design of final water, sanitary sewer, natural gas, telephone, electric and cable television facilities to be installed in the area included in the final plat.
ii. In addition, final design is required of any off-site facilities related to the above described utilities which may be considered an integral part of the utilities plan for the subdivision.
b. Water utility facilities design shall conform to the criteria set forth in the water system design and construction standards ordinance of the town, provided such ordinance exists.
c. Sewer utility facilities design shall conform to the criteria set forth in the Sewer System Design and Construction Standards adopted by the town or any special district of competent jurisdiction.
(F) Final plat drawing requirements.
(1) (a) The final plat shall be prepared and certification made as to its accuracy by a registered land surveyor licensed to practice in the state.
(b) A poorly drawn or illegible plat is sufficient cause for its rejection.
(2) The following will be required of final plats.
(a) Said plat shall be in the form of a black India inked Mylar that is suitable for recording in the county and capable of reproducing clear and sharp reproductions of all details, signatures and notary seals.
(b) No plats using sepia ink or pencil or containing stick-ons will be accepted.
(c) All signatures on the plat are to be in black permanent ink.
(d) 1. The plat sheet shall have outer dimensions of 24 inches by 36 inches.
2. The plat drawing will be contained within a space defined by a one and one-half inch margin from the left sheet edge and a one-half inch margin from the other three sheet edges.
(e) Applicants are encouraged to use more than one sheet to avoid the crowding of information on one sheet. Sheets are to be designated as sheet x of y sheets.
(f) The scale of the plat drawing shall be 100 foot equals one-inch. Other scales may be approved by the Administrator.
(3) (a) Good draftsmanship shall be required in order for all of the following information to be shown accurately and legibly.
(b) It shall contain the following:
1. Title, scale, north sign and date;
2. a. Primary survey control points, monuments, descriptions and ties, dimensions, angles, bearings and similar data shall be shown on the plat as may be needed to determine boundary and lot closures.
b. Primary control points and monuments shall be as specified by state law and shall actually exit in the field before final plat approval.
c. Road intersections and ends shall be suitably monumented and ties filed with the Town Clerk for engineering review prior to acceptance for maintenance;
3. Tract boundary lines, rights-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings or angles and radii, arcs or chords and central angles of all curves;
4. Name and right-of-way width of each street or other rights-of-way;
5. Location, dimensions and purpose of any easements;
6. Number to identify each lot or site and each block;
7. Location and description of monuments;
8. Certificate of acceptance, as outlined below:
NOTICE Public Notice is hereby given that acceptance of this platted subdivision by the Town of Wiggins does not constitute an acceptance of the roads and rights-of-way reflected hereon for maintenance by said Town. Until such roads and rights-of-way meet Town Road Specifications and are specifically accepted by this Town by recording with the Clerk of this Town an official “acceptance”, the maintenance, construction, and all other matters pertaining opposed to be installed in such roads have been constructed and the roads and rights-of-way completed thereafter to Town standards. Notice is further given that no more than ten percent (10%) of the building occupancy certificates will be issued by officials of this Town for improvements of any nature on any property reflected on this platted subdivision until such time as the “acceptance” as herein described has been filed for record with the Clerk of this Town. |
9. Excepted parcels shall be marked “Not included in this subdivision” and the boundary completely indicated by bearings and distances. A tie shall be provided to indicate the relationship of such a parcel to the area platted;
10. All land within the boundaries of the plat shall be accounted for either as lots, walkways, streets, alleys or excepted parcels;
11. i. Parcels not contiguous shall not be included in one plat, nor shall more than one plat be made on the same sheet.
ii. Contiguous parcels owned by different parties may be embraced in one plat; provided that all owners join in the dedication and acknowledgment;
12. Lengths shall be shown to hundredths of a foot, and angles and bearings shall be shown to seconds of arc;
13. Block and lot permanent reference points shall be set; and
14. a. The surveyor preparing the plat shall certify on the plat that it conforms to these regulations and to all applicable state laws and that the monuments described in it have been placed as described.
b. He or she shall affix his or her name and seal.
(Ord. 2-98, passed 4-22-1998; Ord. 14-2017, passed 10-11-2017; Ord. 09-2021, passed 10-27-2021)
The site plan shall include a plan drawn to scale with the following information:
(A) Topography of the land to be developed with a minimum five-foot contour interval, but two-foot intervals are encouraged;
(B) Proposed access to the existing street system and proposed improvements to the street system including driveway access points and widths;
(C) Existing development on the property and improvements to be made to the property, including new buildings, landscaping, parking and proposed sign locations;
(D) The location of any known natural hazard which may affect the property;
(E) Detailed architectural drawings showing the color, exterior materials, screening of outside storage areas, lighting fixtures and buffering or screening of mechanical equipment; and
(F) Signed forms showing recommendations on placement of all new utility lines that all utility companies have been contracted for. (See § 153.181.)
(Ord. 2-98, passed 4-22-1998; Ord. 14-2017, passed 10-11-2017)
(A) Sign permit submission requirements include the following:
(1) Name, address and telephone number of the applicant;
(2) A map showing the location of the building, structure or lot to which the sign is to be attached or erected, and showing the position of the sign in relation to nearby buildings and thoroughfares; such a map must be to scale;
(3) A plan showing design of sign, materials used and method of construction and means of attachment to the building or the ground; such plans must be to scale;
(4) Name of person, firm, corporation or association erecting, altering or moving said sign;
(5) Written consent of the owner of the land on which the sign is be erected, altered or relocated;
(6) Any electrical or building permit required and issued for said sign under town ordinances; and
(7) Any other information as the Building Inspector shall require in order to show full compliance with this and all other applicable laws of the town.
(B) Intent. The intent of this section is to provide standards for the regulation of signs in order to protect property values; create and attractive business climate; enhance and protect the physical appearance of residential, commercial and industrial areas; encourage well-designed signs that are compatible with their surroundings; and, in general, to promote a desirable community environment. These regulations are further intended to reduce potential traffic hazards from signs that are distracting and obstructing drivers’ vision.
(C) Signs permitted. Signs shall be permitted in the various zoning districts as accessory uses in accordance with the regulations contained in this chapter.
(D) General regulations. The following regulations shall apply to all signs in all zoning districts.
(1) Signs shall not be illuminated by or contain rotating, pulsating or oscillating beacons of light. Signs which simulate or resemble visual signals of authorized emergency vehicles and authorized service vehicles, as defined by the Model Traffic Code, are prohibited.
(2) Signs contributing to confusion of traffic control devices or which hide or interfere with the effectiveness of such devices are prohibited.
(3) Unpainted signs, broken signs and signs on vacated buildings or property shall be removed from the premises or repaired or renovated by the owners of the premises.
(4) No sign shall be erected or maintained on or over any land or public right-of-way belonging to the town without the permission of the Town Board.
(5) Signs along highways, as defined in C.R.S. § 43-2-101(1), and signs along the interstate system of highways, as defined in C.R.S. § 32-2-101(2), are prohibited unless such signs conform with all the requirements of the Outdoor Advertising Act, C.R.S. Title 43, Article 1, Part 4, as amended, any rules and regulations promulgated by the State Department of Highways, pursuant thereto and any applicable federal law, rules and regulations.
(6) On-premises parking and traffic directional signs shall not exceed four feet in height and six square feet in area.
(7) Roof signs which project above the highest point of the building shall be permitted.
(E) Regulations in residential districts. The following types of signs shall be permitted in residential districts, including PHPS and R districts:
(1) No more than one identification sign per detached single-family or two-family dwelling; provided such sign does not exceed three square feet and has no illumination except for identification of house numbers;
(2) No more than one identification sign per multi-family dwelling not to exceed two square feet in area, and more than one identification sign per multi-family building not to exceed two square feet in area. Identification signs shall have indirect illumination only;
(3) No more than one low profile sign per main street entrance to a subdivision or mobile home park indicating the name of the subdivision or mobile home park; provided such sign does not exceed 50 square feet in area, ten feet in height and has indirect illumination only;
(4) No more than one identification sign per institutional or quasi-public use; provided such sign does not exceed 50 square feet in area, eight feet in height and has indirect illumination only; and
(5) (a) The Board of Trustees may approve a sign plan and permit for an identification sign for a business establishment within a Residential (R) Zone District; provided such sign does not exceed 75 square feet in area and 12 feet in height. Before approving or denying such a plan and permit, a public hearing shall be held on the proposal, notice of which, at least 15 days prior to the hearing date, shall be mailed, by regular mail, to the record owners of all properties adjacent to the property for which the sign is proposed, and shall be published in an official paper or paper of general circulation in the town.
(b) In determining whether to approve or deny such a plan and permit, the Board of Trustees shall consider, in addition to the other criteria set forth in this section, the following:
1. If the sign is illuminated, the hours of illumination;
2. The location of sign in relation to residences;
3. The measures taken to screen the sign, including measures taken to prevent glare from illuminated signs onto adjacent public rights-of-way and adjacent properties;
4. The number of signs within the area;
5. Whether the external effects of the proposed sign are controlled, considering compatibility of land use and structures; the hours and method of illumination; sign materials; and sign location in relation to traffic, surrounding and adjacent uses and the intended purpose of the sign; and
6. Such other factors deemed to effect health, welfare, safety and convenience.
(c) In considering a sign plan and permit, the Board of Trustees shall consider and may impose modifications or conditions to the extent such modifications or conditions are necessary to ensure compliance with the criteria of this division (K)(5). Conditions may address, by way of illustration and not limitation, sign siting, sign materials and limitations on hours of illumination.
(F) Regulations in commercial and industrial districts. The following types of signs shall be permitted in commercial and industrial districts:
(1) Such signs as are permitted in residential uses;
(2) Flush wall signs, projecting wall signs or window signs; provided such signs do not exceed one square foot of area per lineal foot of exterior wall. The sign or signs shall be placed on the side of the building or structure from which it draws its allowed square footage;
(3) No more than one low profile sign per business or industrial establishment shall be allowed; provided such sign does not exceed six feet in height, 50 square feet in area and shall be setback a minimum of three feet from any property line;
(4) (a) No more than one freestanding sign not to exceed 150 square feet in area shall be permitted for each legal lot of record; except when development is located on more than one legal lot, but constitutes a commercial or industrial complex through common use arrangements, only one freestanding sign shall be permitted for the complex.
(b) However, in centers with three or more acres, one additional freestanding sign not to exceed 150 square feet in area shall be allowed for each street frontage exceeding 600 lineal feet in length. All freestanding signs shall not exceed 30 feet in height and shall be setback a minimum of ten feet from any property line;
(5) The maximum aggregate sign area per business or industrial establishment shall not exceed 300 square feet; and
(6) Signs containing flashing, blinking, chasing or other animation effects are permitted in commercial and industrial districts; provided that such signs are not within 200 feet of a residential district measuring perpendicular thereto and visible from such district.
(G) Temporary signs. Temporary signs in all zoning districts shall be subject to the following specific requirements:
(1) Real estate signs. Non-illuminated signs which advertise for sale, rental or lease the particular building or property upon which said signs are located. Real estate signs shall not be more than five square feet in area for residential property and 20 square feet in area for commercial and industrial property. Signs shall be removed after the sale or lease of the building or property;
(2) Construction signs. Non-illuminated signs advertising the development, construction or other improvements on a property. Each sign shall not exceed 50 square feet in area with no more than a total of two such signs permitted on any one parcel. Signs shall be removed after issuance of a certificate of occupancy;
(3) Subdivision directional signs. Non-illuminated signs informing the public as to routes or changes in direction of travel in order to arrive at a subdivision of similar development. No more than one sign per parcel not to exceed 20 square feet in area. Signs shall be removed after the sale or lease of the lots or buildings;
(4) Political signs. Non-illuminated signs pertaining to a national, state or local election. No more than one sign per parcel not to exceed six square feet in area for residentially zoned lots and 32 square feet for commercially or industrially zoned lots. Signs shall be removed within ten days after the election for which the signs pertain;
(5) Garage sale signs. No more than one sign per street may be used to advertise a garage sale, provided such sign does not exceed three square feet in area and is used only during the duration of the garage sale; and
(6) Banners.
(a) Banners not exceeding 100 square feet in area shall be allowed for a maximum period of 120 days per calendar year.
(b) Banners shall be kept in good repair and remain firmly attached to the building or structure.
(H) Off-premises sign. The following regulations shall apply to off-premises signs.
(1) Off-premises signs shall be permitted only those areas zoned commercial and industrial.
(2) Off-premises signs shall not exceed 500 square feet in area per sign.
(3) Off-premises signs shall not exceed the maximum structural height requirement of the zoning district in which the off-premises sign is to be located.
(4) Off-premises signs shall be spaced apart no closer than 1,000 feet.
(I) Sign plan required.
(1) (a) Prior to displaying, erecting, relocating or altering any sign, a sign plan shall be submitted to and approved by the Zoning Administrator under the regulations set forth in this section.
(b) The sign plan shall include as a minimum the following information:
1. Building locations and dimensions;
2. Size, height and location of existing and proposed signs;
3. Existing zoning; and
4. Name, address and telephone number of applicant and sign installer.
(2) The following types of signs shall not require a sign plan:
(a) Temporary signs;
(b) Identification signs;
(c) Parking and traffic directional signs;
(d) Public signs authorized for a public purpose by any governmental law, statute or ordinance;
(e) Customer information signs which identify, as a courtesy to customers, items such as “credit card accepted”, “menus” or “prices”;
(f) Change of copy or message on legally established signs; and
(g) Hand-held signs.
(Ord. 2-98, passed 4-22-1998; Ord. 4-08, passed 7-9-2008)
(A) Applicability. This section is applicable to all new construction and renovations that occur after this section is adopted.
(B) General.
(1) All new utility service lines will be underground.
(2) All customer service lines must be a minimum of 30 inches deep in the public right-of-way.
(3) All lines and cables crossing drainage ditches, culverts or street crossings shall be encased in a conduit type material and buried from right-of-way to right-of-way to the minimum depth from the lowest point of such ditch, culvert or street crossing.
(C) Telephone and cable TV.
(1) Telephone and cable TV lines shall be on the west side of the alley at a point three feet from the property line.
(2) On east/west streets, cable shall be located on the south side of the street at a point 20 feet from the property line. On north/south streets, cable shall be located on the east side of the street at a point 20 feet from the property line. Cable shall be buried underground at least 36 inches in depth.
(D) Electric (REA). Electric service lines shall be on the east side of the alley at a point three feet from the property line. On east/west streets, lines shall be located on the north side of the street at a point 20 feet from the property line. On north/south streets, lines shall be located on the west side of the street at a point 20 feet from the property line. All lines shall be buried underground at least 42 inches in depth.
(E) Natural gas (public service). Natural gas service on east/west streets shall be located on the south side of the street at a point 15 feet from the property line. On north/south streets, lines shall be located on the east side of the street at a point 15 feet from the property line. Lines shall be buried underground at least 36 inches in depth.
(F) Water. Water lines on east/west streets lines shall located on the north side of the street at a point 15 feet from the property line. On north/south streets, lines shall be located on the west side of the street at a point 15 feet from the property line. All lines shall be buried underground at least 60 inches in depth. All taps stubbed in at the time of construction shall be centered on the front property line of the lot at a minimum depth of 60 inches in depth.
(G) Sewer. Sewer lines shall be centered in the alley at a depth and grade approved by the Zoning Administrator. All taps stubbed in at the time of construction shall be ten feet north of the south property line.
(H) Responsibility. New service lines installed after the adoption of this chapter which are found not in conformance with this section will be replaced or brought into compliance and the cost will be borne by the utility company doing the installation. New service lines installed in conformance but due to grading, excavating or any other means of cover removal shall not be deemed not in conformance.
(I) Variations. Any variation from the above standards must be approved by the Zoning Administrator in writing.
(J) New construction costs. All new construction costs of utility lines shall be the responsibility of the developer.
(K) Fees. All professional fees shall be the responsibility of the developer.
(Ord. 2-98, passed 4-22-1998)
(A) Any person convicted of violating the provisions of this chapter in the Town Municipal Court may be fined an amount not to exceed $1,000.
(B) Any person, firm, building superintendent, building manager, contractor, contractor’s superintendent, corporation or other entity who violated any of the provisions of § 153.017, including, but not limited to, failing to obtain a building permit, shall be deemed guilty of a misdemeanor and of a separate offense for each and every day or portion thereof during which any violation continues, and shall be punished by a fine of not more than $2,650.
(C) Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special use or conditional use permits, shall constitute a misdemeanor, punishable by a fine of up to $1,000. Any agreement to sell or transfer lots in a subdivision before the final plat is approved by the town will constitute a separate violation for each lot sold or agreed to be sold. Each day of violation will constitute a separate offense.
(3) (a) Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special use or conditional use permits, shall also subject the offender to a civil penalty of $25.
(b) If the offender fails to pay this penalty within ten days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of debt. A civil penalty may not be appealed to the Board of Adjustment if the offender was sent a final notice of violation and did not take an appeal to the Board of Adjustment within the prescribed time.
(4) This chapter may also be enforced by any appropriate equitable action.
(5) Each day that any violation continues after notification by the Administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.
(6) In addition to any other penalty imposed by this chapter for a violation of the provisions of this chapter, the town reserves and maintains the continued right to abate violations of this chapter.
(7) Any one, all or any combination of the foregoing penalties and remedies may be used to enforce this chapter.
(D) (1) Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells, or agrees to sell or negotiates to sell, any land by reference to or exhibition of or by use of a plat of a subdivision within the town before such plat has been approved by the Planning Commission and recorded or filed in the office of the County Clerk and Recorder shall pay a penalty of $1,000 to the town for each lot or parcel so transferred, or sold, or agreed or negotiated to be sold.
(2) The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided in this section. The town may enjoin such transfer or sale or agreement by action for injunction brought in any court of competent jurisdiction and may recover the penalty by civil action in any court of competent jurisdiction.
(F) Violations of the provisions of § 153.069 or failure to comply with any of its requirements, shall constitute a misdemeanor, punishable by a fine of up to $1,000.
(Ord. 2-98, passed 4-22-1998; Ord. 02-2019, passed 3-27-2019)