Chapter 16.04 SUBDIVISION REGULATIONS*

A. These regulations shall apply to all subdivisions of land into two or more parcels, building sites, tracts or lots, as defined in Section 16.04.050.

B. The territorial jurisdiction of these regulations shall include all land located within the legal boundaries of the town.

C. The town may institute the procedure outlined in this chapter to subdivide land in any area proposed for annexation at any time after passage of a resolution of intent to annex, or after a petition for annexation or a petition for an annexation election has been found to be valid; however, the ordinance accepting the proposed subdivision shall not be passed on final reading prior to the date when annexation is passed on final reading. (Ord. 15, Series of 1979 § 1.03)

16.04.040 Applicability--Plats previously recorded.

Subdivisions evidenced by a final plat recorded prior to the effective date of the ordinance codified in this chapter, which ordinance was adopted September 24, 1979, shall not be regulated by this chapter unless proposed for resubdivision in such a manner as to fall within the provisions of subsection 34 of Section 16.04.050. In the instance of large tracts or blocks of land contained within a recorded subdivision and intended or designed for resubdivision into smaller tracts, lots, building sites, condominium units, apartments, multifamily dwelling units or otherwise so as to constitute a subdivision under subsection 34 of Section 16.04.050, such resubdivision shall comply with all provisions of this chapter. (Ord. 15, Series of 1979 § 1.09)

16.04.050 Definitions.

For the purpose of this chapter, certain words used in this chapter are defined:

1. “Alley” means a public vehicular way which affords a secondary means of vehicular access to abutting property and which is not intended for general traffic circulation.

2. “Block” means an area of land within a subdivision which is entirely bounded by streets, railroad rights-of-way, waterways or exterior boundaries of the subdivision.

3. “Building” means a structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels.

4. “Building setback line” means a line parallel to a street between which line and the nearest street right-of-way line no building may be erected or placed.

5. “Commission” means the planning and zoning commission.

6. “Comprehensive plan” or “master plan” means the plan prepared and adopted by the town, indicating the planned physical development of the town and containing the information required by Section 31-23-206, C.R.S. 1973.

7. “Crosswalk” or “walkway” means a right-of-way dedicated to public use, to facilitate pedestrian access through a subdivision block.

8. “Cul-de-sac” means a comparatively short minor street having one end open to traffic and the other end permanently terminated by a vehicular turnaround.

8.5 “Development application” means the process through which all land use reviews are conducted by the town, beginning with a development application form listing the name of the property owner, the name of the applicant if different, the legal description of the real property, and including all the various land use review processes proposed by an applicant, all phases of the project, and every subsequent stage of review required by the Silt Municipal Code. Additionally, and notwithstanding the foregoing, “development application” shall include any application involving land use review pending before the town as of the effective date of this section, and any amendment to or modification of an existing subdivision final plat or approved planned unit development shall be deemed to be undertaken pursuant to and as part of the application originally filed with the town for such subdivision or planned unit development. The list of types of land uses or applications herein is not intended to be exclusive. Other types of applications may be considered “valid development applications,” and this section shall not be construed to limit the town’s position as to what other types of applications may be considered “valid development applications.”

9. “Double frontage lot” means a lot having frontage on two parallel or approximately parallel streets.

10. “Driveway” means that portion of the sidewalk area which is improved, designed or ordinarily used for vehicular access to property abutting the street.

11. “Dwelling unit” means a building or portion thereof providing complete and permanent living facilities for one family, containing cooking, living, sleeping and sanitary facilities and having a separate entrance.

12. “Easement” means a grant by a property owner to the use of a portion of land by the public or persons for specific purposes, such as but not necessarily limited to utilities, drainageways and accessways.

13. “Engineer” means the town engineer or a consultant engineer duly authorized by the board.

14. “Final plat” means a map and supporting materials of certain described land, prepared in accordance with these subdivision regulations as an instrument for recording of real estate interests with the county clerk and recorder.

15. “Lot” means the smallest unit of a subdivision individually numbered or designated on the plat for purposes of description, recording, conveyance, development and taxation.

16. “Lot depth” means the mean horizontal distance between the nearest street right-of-way line and the opposite rear line of the lot, measured in the general direction of the side lot lines.

17. “Lot width” means the mean horizontal distance between the side property lines of a lot.

18. “Multifamily dwelling” means a building providing separate dwelling units for three or more families.

19. “Off-street parking space” means the space required to park one passenger vehicle, which space shall be not less than two hundred square feet in area, exclusive of access drives.

20. “Percentage of grade” means the rise or fall of a street, in feet and tenths of a foot for each one hundred feet of horizontal distance measured at the centerline of the street.

21. “Planned unit development subdivision” means a subdivision to be developed under a unified plan which does not necessarily correspond in lot area, density, lot coverage, open space or other requirements of existing subdivision or zoning regulations. It shall contain sufficient total area in relation to the intended use or uses to permit effective application of planning principles to protect the land form, reduce street and utility costs, preserve open space, and to provide a superior human environment.

22. “Preliminary plat” means the map or maps of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of these regulations to permit the evaluation of the proposal prior to detailed engineering and design.

22.5 “Replat” means the procedure for accomplishing minor changes within an existing subdivision.

23. “Resubdivision” means any change of a lot on a subdivision plat previously recorded with the county clerk or recorder.

24. “Reversed corner lot” means a corner lot which is bounded on three sides by streets.

25. “Right-of-way” means land dedicated and publicly owned for use as a street, alley or crosswalk.

26. “Roadway” means that portion of a street right-of-way which is graded and stabilized to carry vehicular traffic.

27. “Sidewalk” means that portion of the sidewalk area which is paved with an all-weather surfacing for use by pedestrians.

28. “Sidewalk area” means that portion of a street between the curbline or edge of the roadway and theadjacent property line, intended for the use of pedestrians and including the terms “border area,” “parkway,” “park strip,” “planting strip” or like designations.

29. “Sketch plan” means a map of a proposed subdivision, drawn and submitted in accordance with the requirements of this chapter to evaluate feasibility and design characteristics at an early stage in the planning.

30. “Street” means a right-of-way reserved or dedicated for public use which provides principal vehicular and pedestrian access to adjacent property. It may also be used for utility access. Streets will be classified according to the following categories:

a. “Arterial streets” are those whose primary purpose is to facilitate traffic flow through the town rather than to or from the town. All state highways within the town limits are arterials.

b. “Subarterial streets” are those designed for high-volume, moderate-speed circulation of traffic between separate areas of the town with a minimum of hindrance to traffic flow.

c. “Collector streets” are those with low to medium traffic volume, whose purpose is to provide access to residential areas and to channel traffic from residential areas to subarterial streets.

d. “Residential streets” are those with low to medium traffic volume, low-speed traffic and which are intended to provide access to adjacent residential lots.

31. “Street width” means the street right-of-way width, measured at right angles to the centerline of the street.

32. “Structure” means anything constructed or erected which requires location on the ground but not including fences or walls used as fences less than six feet in height or poles, lines, cables or other transmission or distribution facilities of public utilities.

33. “Subdivider” means a person who submits a plat for the purpose of land subdivision as defined in subsection 34. The subdivider may be the owner of the land to be subdivided.

34. “Subdivision” means the division of a lot, tract or parcel into two or more parcels, building sites, tracts, lots or other divisions of land, for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. “Subdivision,” as used in this chapter, also applies to the creation, conversion or division of any structure or building into condominium units as defined by article 33 of title 38, C.R.S. 1973, as amended, and to the use of any parcel, structure or building for apartments or any multiple-occupancy unit.

Unless the method of land disposition is adopted for the purpose of evading this definition, the term “subdivision” as defined in this subsection shall not apply to any of the following divisions of land or interests in land:

a. The division of land by order of any court in this state or by operation of law;

b. The division of land by a lien, mortgage, deed of trust or any other security instrument;

c. The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;

d. The division of land which creates cemetery lots;

e. The division of land which creates an interest or interests in oil, gas, minerals or water which are, as of the effective date of the ordinance codified at this chapter, which ordinance was adopted September 24, 1979, or thereafter severed from the surface ownership of real property;

f. The division of land 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, and any such interest shall be deemed for purposes of this subsection as only one interest;

g. The division of land by reason of the dissolution of a joint venture or partnership.

35. “Subdivision improvements agreement” means one or more security arrangements which may be accepted by the town to secure the cost of construction of such public improvements as are required by these subdivision regulations within the subdivision, and shall include collateral, such as but not limited to plat restrictions, performance or property bonds, private or public escrow agreements, loan commitments, assignments of receivables, liens on property, letters of credit, deposits of certified funds or other similar surety agreements sufficient in the judgment of the town to make reasonable provision for the completion of such improvements in accordance with time and design specifications.

36. “Town planner” means the person designated as such from time to time by the town or, if no person is so designated, the chairman of the commission.

37. “Trail” means a multipurpose easement designed to provide safe and easy passage for nonmotorized means of travel.

38. “Two-family dwelling” means a building providing separate dwelling units for two families. (Ord. 30-00 § 2; Ord. 22-97 (part); Ord. 12-82 (part); Ord. 15-79 §§ 2--2.21, 2.23, 2.25--2.41)

16.04.060 Commission responsibilities.

The commission is responsible for making investigations and reports on the design and improvements of proposed subdivisions and requiring conformity of such subdivisions with the master plan, state statutes and this chapter, and for utilizing the assistance and cooperation of the elected and appointed officials of the town, county and state, as well as the services of consultants when they are required. No plat of the subdivision of land shall be filed and recorded until it has been approved by the commission and that approval indicated by the signature of the chairman on the final plat. (Ord. 15-79 § 1.06)

16.04.070 Board jurisdiction over acceptance--Approval form.

The board has final jurisdiction in the acceptance of such lands and improvements proposed to be dedicated to the town as a result of the subdivision process, and such approval shall be indicated by the signature of the mayor on the final plat certifying such acceptance. Unless otherwise so indicated on the final plat, no such signature and certification shall require the town to install or maintain such dedicated improvements. (Ord. 15-79 § 1.07)

16.04.080 Compliance.

A. No lot in a subdivision shall be sold, no permit shall be issued to alter or erect any structure upon land in a subdivision, and no building shall be altered or erected in a subdivision unless a subdivision plat has been approved and recorded and until the improvements required by the town relative to the subdivision have been constructed or guaranteed as provided in this chapter.

B. It is unlawful for any person to act as a subdivider or to create subdivided land without first obtaining approval of a final subdivision plat or an exemption as provided in this chapter.

C. In addition to all other remedies, the town shall have the power to bring an action to enjoin any subdivider from selling or otherwise conveying any parcel of land or other interest, which sale or conveyance would constitute a subdivision as defined in Subsection 34 of Section 16.04.050. (Ord. 15-79 § 1.04)

16.04.085 Submittal of development application.

A. Any property owner desiring to establish a land use pursuant to this Title 16 shall first submit a development application form, which development application form shall contain: the name of the property owner, the name of the applicant if different, the legal description of the real property and a list of all land use reviews desired by the property owner as required by the Silt Municipal Code, including, but not limited to those involving: pre-annexation agreements, annexations, subdivisions (including subdivision sketch plans, subdivision preliminary plats, subdivision final plats, subdivision exemption final plats, and condominiumization final plats), amended plats, and replats, similar plats and plans for planned unit developments, special use permits, boundary or lot line adjustments, variances, zoning or zone text amendments, zoning, and rezoning, with the land uses desired by the property owner indicated on the form. The property owner shall pay ten dollars to the town upon submittal of the development application form.

B. 1. The development application form shall be deemed a development application as defined in this Title 16; provided, that the town determines it is timely and completed properly, and shall start the processing of all phases of the project and every subsequent stage of review required by the Silt Municipal Code.

2. An applicant who submits a development application form shall have one year from the date of submittal in which to commence the additional steps, or the initial step, if applicable, for the land use review(s) indicated on the development application form.

C. Any application involving land use review filed pursuant to this Title 16 pending before the town as of the effective date of the ordinance codified in this section (August 14, 2000) shall be considered a development application, as defined in this Title 16.

D. Sketch plan, preliminary plat and final plat are some of the steps or phases in the subdivision process. Other steps or phases are applicable to other land uses within the town. A valid development application, as defined herein, for any of these steps or phases shall be construed as a valid development application for all subsequent phases for the entire subdivision process or other land use approval through its conclusion to final plat approval. The subdivision process is also an integral part of the planned unit development process under Chapter 16.12 of this code. Accordingly, a valid development application for planned unit development shall also be considered a valid development application for purposes of all steps and phases of the subdivision process for the property within such planned unit development.

E. Nothing in this section shall be construed as creating any entitlement to the approval of a particular land use review application or development application, and all such applications shall be processed and reviewed pursuant to all relevant provisions of the Silt Municipal Code. Further, nothing in this section waives or excuses the applicant’s compliance with additional submittal requirements for land use applications or the applicant’s obligation to pay all applicable fees for such land use processes. All development applications shall be subject to approval or denial by the town without regard to this section, which approval or denial shall be based solely on the provisions of the Silt Municipal Code. (Ord. 30-00 § 3)

16.04.090 Validity requirements.

Before any final plat has any validity, it shall conform to the provisions of this regulation and have been approved by the commission and the board and recorded in the office of the Garfield County clerk and recorder. No final plat of a subdivision shall be approved, by the commission or accepted by the board unless it conforms to the provisions of these regulations. (Ord. 15-79 § 1.05)

16.04.100 No approval until investigation and review.

No plat of a subdivision or resubdivision shall be approved until the investigations and reviews as provided in this chapter are completed in conformance with these regulations. (Ord. 15-79 § 3.00)

16.04.110 Sketch plan submittal.

The subdivider shall initiate the consideration for any proposed subdivision by submitting to the town planner a sketch plan of the proposed subdivision, with all plans and information as specified under Section 16.04.320, along with the appropriate plan review fee. (Ord. 15-79 § 3.01.01)

16.04.120 Deposit toward review expenses.

A. To secure a portion of the town’s review expense, upon submission of a sketch plan and request for subdivision plat review, the applicant shall submit to the town a fee in accordance with the following schedule:

1. Basic fee: four hundred dollars;

2. In addition, for subdivisions or annexations of more than one acre in area, a deposit shall be submitted simultaneously with the fee, in the amount of four hundred dollars, payable to the town as a deposit for any consultants (legal, planning, engineering or other) the town may use in order to review the application; and

3. The applicant for a sketch plan shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, engineering fees, and filing or recording fees, in addition to a fifteen percent administrative fee based upon the total of all consultant fees for the review of the sketch plan.

B. No subdivision or annexation sketch plan shall be accepted unless the fee and the deposit are paid in full. (Ord. 4-01 (part))

16.04.130 Sketch plan--Scheduling--Planner’s comments.

A. Upon determining, if at all, that the sketch plan materials are complete and meet the requirements of this title, the town planner shall schedule a presentation by the subdivider of the sketch plan before an official meeting of the commission to be held within not fewer than fifteen days nor more than ninety days after the submission.

B. The town planner shall confer with the appropriate review agencies and shall submit to the commission written comments and recommendations five days prior to the sketch plan presentation. (Ord. 7-00 (part))

16.04.140 Sketch plan--Review by board.

The commission shall review the sketch plan to determine if it is consistent with the standards set forth in these regulations, and shall use as guidelines the following:

A. Conformance with the town’s comprehensive plan and zoning;

B. Relationship of development to topography, soils, drainage, flooding, potential natural hazard areas, and other physical characteristics;

C. Availability of water, means of sewage collection and treatment, access, and other utilities and services;

D. Compatibility with the natural environment, wildlife, vegetation and unique natural features; and

E. Public costs, inefficiencies and tax hardships. (Ord. 7-00 (part))

16.04.150 Sketch plan--Commission action.

A. Within fifteen days after the meeting (or meetings, if the consideration of the sketch plan is continued), the commission shall approve, disapprove or approve with conditions the sketch plan submittal. Such decision shall be reasonably related to the intent and purposes of this chapter and shall be final, subject to the subdivider’s right to appeal the decision to the board of trustees.

B. A full description of the action taken on the application by the commission shall be stated upon the minutes of the commission, a copy of which minutes shall promptly be forwarded to the board.

C. Conceptual approval of the sketch plan, if given, shall lapse automatically six months from the date thereof unless a preliminary plat is submitted, pursuant to these regulations. The subdivider shall effect any corrections required by the commission before submitting a preliminary plat. (Ord. 7-00 (part))

16.04.160 Sketch plan--Approval effect.

Whenever the commission approves any sketch plan, such approval shall only authorize further study on the project or development, and shall not be considered a guarantee of further approvals. (Ord. 7-00 (part))

16.04.180 Preliminary plat--Submittal.

A. The applicant shall submit the preliminary plat of the proposed subdivision with maps and information as required under Sections 16.04.330 through 16.04.400 to the town planner within six months from the date of conceptual approval of the sketch plan by the planning commission.

B. To secure a portion of the town’s review expense, upon submission of a preliminary plan and request for subdivision plat review, the applicant shall submit to the town a fee in accordance with the following schedule:

1. Basic fee: eight hundred dollars.

2. In addition, for subdivisions or annexations of more than one acre in area, a deposit shall be submitted with the fee in the amount of eight hundred dollars, payable to the town as a deposit for any consultants (legal, planning, engineering or other) the town may use in order to review the application.

The applicant for a preliminary plan shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, engineering fees, and filing or recording fees, in addition to a fifteen percent administrative fee based upon the total of all consultant fees for the review of the preliminary plan.

C. The plat shall be accompanied by an application for zoning if the subdivision is proposed for annexation or is unzoned, or for rezoning if required for the development of the subdivision. (Ord. 4-01 (part))

16.04.190 Preliminary plat--Technical review.

A. The town planner shall, within ten days of his receipt of a preliminary plat, review the preliminary plat materials with other town staff to determine whether the materials meet all requirements and are complete under the provisions of this Code. If the submitted materials are inadequate, the town planner shall provide notice of same to the applicant and the applicant shall have five days after such notice to submit additional materials or modify those submitted so that they are adequate. The town planner shall then have another ten days to review the additional materials. If the submission is still inadequate, the town planner shall notify the applicant that the application is “incomplete” and the town shall not schedule any meetings or hearings on the preliminary plat.

If the submission is adequate. the town planner shall notify the applicant that the materials have been accepted for a hearing before the planning and zoning commission no earlier than forty-five days after the submission is deemed complete, and shall distribute or cause to be distributed a statement of intent generally describing the proposed subdivision to the agencies named in Section 16.04.200. Those review agencies shall have thirty days after distribution to make and submit to the town clerk any comments, suggestions or recommendations concerning the submitted materials.

B. If additional information about the subdivision is requested by any of such agencies within the thirty-day period, the town planner shall forward such information to the applicant and the applicant shall have five days to respond to such information and provide any response directly to the review agencies and obtain the agencies’ further comments before the commission meeting at which the preliminary plan is discussed.

C. The town planner may also seek review, comment, suggestions and recommendations from any other source he deems appropriate to serve the best interest of the town.

D. No presumptions or conclusions shall be drawn from any agency’s failure to respond within the fifteen-day period. (Ord. 9-99 § 2; Ord. 27-80 § 1 (part): Ord. 15-79 § 3.02.02)

16.04.200 Preliminary plat--Technical review agencies designated.

Unless certain review agencies are required to review subdivision application materials by Colorado statutes, the town planner, solely in his or her discretion, shall forward the submitted materials to and request input from certain appropriate review agencies from the following list, which is not intended to be exclusive:

A. Town administrator;

B. Town engineer;

C. Town attorney;

D. Parks and recreation committee;

E. County planner;

F. RE-2 School District;

G. All utility companies serving the area;

H. All special districts serving the area;

I. Colorado Department of Highways, when the proposed subdivision borders a state highway;

J. Soil Conservation Service;

K. Bureau of Land Management;

L. National Forest Service;

M. Colorado West Area Council of Governments;

N. Colorado Department of Health, when new water or sewage treatment facilities are proposed. (Ord. 11-02 § 1 (part); Ord. 9-99 § 3; Ord. 15-79 § 3.02.03)

16.04.210 Preliminary plat--Public hearing.

A. The commission shall hold a public hearing on the preliminary plat at a regularly scheduled meeting to be held after the agency review process provided for in Section 16.04.190 is completed.

B. Notice of the time and place of the hearing shall be sent by registered or certified mail, not less than five days before the date of the hearing, to the subdivider and to such other persons as may be required by the laws of the state of Colorado. Notice shall also be published in a paper of general circulation in the town at least seven days before the date of the hearing. (Ord. 15-79 § 3.02.04)

16.04.220 Preliminary plat--Commission action.

A. The commission, within thirty days after the public hearing provided for in Section 16.04.210 unless a longer time period is mutually agreed upon by the subdivider and the commission, shall approve the preliminary plat, reject it or approve it upon the imposition of conditions reasonably related to the intent and purposes of these regulations. Approval may be given on a conditional basis; provided, that the subdivider submits a written agreement, approved by the commission, to incorporate such conditions upon approval of the final plat.

B. A full description of the action taken on the preliminary plat by the commission shall be stated upon the minutes of the commission, a copy of which minutes shall promptly be forwarded to the board. (Ord. 9-99 § 4; Ord. 27-80: Ord. 15-79 § 3.02.05)

16.04.230 Preliminary plat--Board action--Lapse of approval.

A. Within sixty days following the board’s receipt of the commissioner’s written report, unless a shorter time is agreed upon in writing by the board and the subdivider, the board shall approve, disapprove or approve with modifications the preliminary plat, at an official public meeting, and by a resolution.

B. The board shall set forth in its minutes any reasons for disapproval, or approval subject to modification.

C. Approval or approval subject to modification shall lapse unless a final plat based thereon is submitted within four months from the date of approval of the preliminary plat by the board.

D. Failure of the board to act on such preliminary plat within the sixty days shall be deemed an approval thereof in accordance with the action taken by the commission. (Ord. 9-99 § 5; Ord. 15-79 § 3.02.06)

16.04.240 Incomplete or modified documents.

If a plan, plat or other documents submitted by the applicant under the provisions of these regulations, or submitted in conjunction with a petition to annex, are incomplete or are modified so as to require additional checking and review, the applicant shall pay to the town an additional fee equal in amount to the initial fee before further action is taken on the subdivision or annexation. All relevant time periods for review by the commission, the board, town staff or review agencies shall be renewed and begin again upon the submission of additional or modified materials. Neither the applicant’s submission of incomplete applications, nor the applicant’s abandonment or withdrawal of the application, shall relieve the applicant from all those town fees and charges associated with the application. (Ord. 4-01 (part))

16.04.250 Final plat--Submittal.

The final plat and all supplemental material, as specified in Section 16.04.410 through 16.04.440 shall be submitted to the town planner within four months from the date of board approval of the preliminary plat. (Ord. 15-79 § 3.03.01)

16.04.260 Final plat--Commission action.

A. The commission shall approve the final plat by resolution if it conforms to the preliminary plat as approved, subject to any changes or additions required to be included on the final plat. If approved, the chairman of the commission shall certify approval of the final plat. If not approved, the chairman shall immediately notify the board of the reasons for the rejection, in writing.

B. Approval or disapproval shall be made by the commission at a regularly scheduled meeting no more than sixty days following submission of the final plat to the town planner.

C. The grounds of any disapproval shall be stated upon the records of the commission. (Ord. 9-99 § 7; Ord. 27-80 § 1 (part): Ord. 15-79 § 3.03.02)

16.04.270 Final plat--Payment of town’s costs.

A. Basic fee: four hundred dollars;

B. In addition, for subdivisions or annexations of more than one acre in area, a deposit shall be submitted with the fee in the amount of four hundred dollars, payable to the town for consultants (legal, planning, engineering or other) the town may use in order to review the application; and

C. The applicant for a final plan shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, engineering fees, and filing or recording fees, plus the anticipated cost of making corrections or additions to the master copy of the official town maps or official town documents, as determined by the town engineer or the town administrator, plus a fifteen percent administrative fee based on the total of all consultant charges for the review of the final plat. (Ord. 4-01 (part))

16.04.280 Final plat--Board of action--Improvements deposit or agreement.

A. The board, at a regularly scheduled meeting within forty-five days following the meeting of the commission at which action has been taken on the final plat, shall review the final plat and shall approve it, reject it or approve it upon additional conditions. Nothing herein shall prevent the board from continuing its decision on a final plat until a later meeting provided the subdivider agrees to such continuance.

B. At such meeting the board shall require either cash to be deposited in an escrow account a corporate surety bond, a letter of credit, or other acceptable form of security approved by the town to be posted with the town clerk, in either case in an amount equal to one hundred ten percent of the estimated cost of installing all public improvements described in the subdivision agreement. Except for the amount of the security required to be retained during the warranty period under Section 16.04.545, the board may release portions of the deposited funds or reduce the amount of the security upon the completion, according to the town’s specifications, of all or a portion of the required improvements. The board, alternatively, may accept in lieu of the cash deposit, surety bond, or letter of credit or another form of subdivision improvements agreement, which shall include such security and/or collateral as may fully protect the town and secure one hundred ten percent of the cost of construction and installation of such public improvements. (Ord. 19-00 (part); Ord. 9-99 § 8; Ord. 15-79 § 3.03.03)

16.04.290 Final plat--Recording--Filing.

The town clerk shall cause the final plat to be recorded, at the expense of the subdivider, with the county clerk and recorder, and shall return one copy with all executed signatures to the subdivider within thirty days of acceptance by the board. The town clerk shall also file any copies of the plat in accordance with state requirements. (Ord. 15-79 § 3.03.04)

16.04.300 False or inaccurate information--Investigation--Hearing notice.

A. In accordance with the procedures set forth in this section and Section 16.04.310, the board may withdraw approval of a preliminary plat or final plat at any time within three years of the date of approval of such plat if and when it determines that information provided by the subdivider in connection with a proposed subdivision or proposed subdivision exemption, upon which a decision was based, is false or materially inaccurate.

B. Upon receipt by the board of a charge, which may be brought by any person including a member of the board, of such false or materially inaccurate information, the board may conduct such investigation as it deems appropriate or necessary as to the validity of the charge.

C. If the board determines that there is cause to believe that the charge, if proven by a preponderance of the evidence, would be true and that false or materially inaccurate information exists, then the board shall cause written notice to be sent by certified mail to the subdivider or his assigns or successors, at his last-known address, setting forth a statement of the alleged false or materially inaccurate statement or information provided by the subdivider or his agents and directing the subdivider to appear at a specified time and place for a hearing before the board. The date set forth in the notice for the hearing shall be not less than seven days nor more than fourteen days after the date of mailing of such notice. (Ord. 15, Series of 1979 § 3.04 (part))

16.04.310 False or inaccurate information--Hearing--Board action.

A. The board shall examine such allegations as are contemplated in Section 16.04.300 and hear evidence at the hearing provided for in Section 16.04.300, and shall have the power, based upon findings of fact stated in its minutes, to withdraw any previous approval or to require the subdivider to take such corrective or additional measures specified by the board.

B. The board shall cause written notice of the findings and action of the board to be sent to the subdivider within five working days of the hearing.

C. In the event the action of the board is to withdraw any approval previously given of any plat, such action shall be taken with the same formalities as such previous approval, shall be set forth in a written resolution or ordinance duly adopted by the board and shall be recorded in proper form in the office of the Garfield County clerk and recorder.

D. Such remedies as provided in this section are not exclusive, and any and all remedies provided by law and available to the town may be exercised. (Ord. 15, Series of 1979 § 3.04 (part))

16.04.315 Subdivision Improvement Agreement amendments.

A. To secure a portion of the town’s review expense, upon submission of a request for an amendment to an existing Subdivision Improvement Agreement, the applicant shall submit to the town a fee in accordance with the following schedule:

1. Basic fee: Four hundred dollars;

2. In addition, for subdivisions greater than one acre in area, a deposit shall be submitted simultaneously with the fee, in the amount of four hundred dollars, payable to the town as a deposit for any consultants (legal, planning, engineering or other) the town may use in order to review the application, or any administrative costs the town incurs in accordance with Section 2.44.065 of the Silt Municipal Code; and

3. The applicant shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, engineering fees, and filing or recording fees, in addition to a fifteen percent administrative fee based upon the total of all consultant fees for the review of the request for amendment to the Subdivision Improvement Agreement.

B. No request for amendment to a Subdivision Improvement Agreement shall be accepted unless the fee and the deposit are paid in full.

C. Application fee per this section includes six hours of review by community development department.

D. Application for request of an amendment to a Subdivision Improvement Agreement (SIA) shall be on a form acceptable to the town, and at a minimum, include the following:

1. Statement detailing the sections of the SIA that are proposed for amendment;

2. Statement regarding the reason for request for amendment;

3. Statement regarding changes to other associated documents, necessary as a result of the proposed change(s) to the SIA; and

4. Statement as to the financial ramifications of the request, both for the town and the applicant.

E. The town, in its sole discretion, may elect to schedule a public hearing to consider the request.

F. The board, in its sole discretion, may approve, approve with conditions, or deny the application;

1. If the application is denied, the applicant may submit a new application to the town in com-pliance with this section;

2. If the application is approved with conditions, the town may either require that applicant submit a revised application for future consideration by the board without submittal of a base fee, but subject to all costs incurred by the town for review of the application, or alternatively, the town may require that the applicant submit a new application to the town in compliance with this section. (Ord. 3-04 (part))

16.04.320 Sketch plan requirements.

Fifteen copies shall be submitted. The sketch plan submittal shall include the following:

A. A vicinity street map, drawn at an appropriate scale, showing the project location, all lands within three hundred feet of any property boundary owned by or under option to the subdivider, commonly known landmarks and zoning on all lands depicted on the vicinity street map;

B. A sketch map of the proposed development to include:

1. The property boundaries of the subdivision, north arrow and date,

2. A conceptual drawing of the lot and street layout indicating the approximate area and number of individual lots and access to the property,

3. A provision for sufficient off-street parking and adequate school bus stops, the latter for school district (RE-2) approval,

4. Significant natural and manmade features on the site, such as streams, lakes, natural drainageways; vegetation types including locations of wooded areas; existing buildings, utility lines and easements; irrigation ditches; bridges and similar physical features; and existing development on adjacent property,

5. Total acreage of the tract,

6. Existing and proposed zoning district boundary lines,

7. General land use divisions including residential types, commercial, industrial, parks, open space and community facilities,

8. Type and layout of the water system proposed,

9. Type and layout of the sewer system proposed,

10. Public use areas proposed to be dedicated to the public, and the purpose of the dedication, and

11. Existing and proposed land use patterns, including street system, of both the tract proposed for development and immediately adjacent land.

The scale of the sketch map shall not be less than one inch equals two hundred feet. The map shall include the name of the subdivision, name of the county, township, range, section and quarter section. In the case of large subdivisions requiring more than one sheet at such a scale, an index map showing the total area on a single sheet at an appropriate scale shall also be submitted.

C. A vicinity/topography map. The map, at a one-inch-equals-four-hundred feet scale, shall indicate topography and the geographic relationship of the proposed subdivision to the surrounding area and shall show major land use divisions and streets for at least three hundred feet on all sides of the subdivision;

D. A letter from the subdivider requesting sketch plan review, which shall include brief summary statements or attachments as follows:

1. Disclosure of ownership--a certificate from a title insurance company or attorney licensed in the state of Colorado must be submitted, which shall set forth a legal description of the property, the names of all owners of property included in the sketch map and shall include a list of all mortgages, judgments, liens, contracts or agreements of record in Garfield County which affect the property covered by such plan. If the certificate of the title discloses any of the above, then, at the option of the commission, the owners or holders of such mortgages, judgments, liens, contracts, easements or agreements shall be required to consent to and approve the application before the plan is acted upon by the commission,

2. Total number of proposed dwelling units,

3. Estimated total number of gallons per day of water system requirements, source of waters to supply subdivision requirements, and proposed dedication of water rights in accordance with existing town ordinances,

4. Estimated total number of gallons per day of sewage to be treated and means for sewage disposal,

5. Availability of electricity, natural gas and other utilities necessary or proposed to serve the subdivision,

6. Estimated construction cost and proposed method for financing of the streets and related facilities, water distribution system, sewage collection system, drainage facilities and such other utilities and improvements as may be necessary,

7. Evidence of legal access to the property. (Ord. 15, Series of 1979 § 4.01)

16.04.330 Preliminary plat--Plat map.

Preliminary plat maps shall be drafted in a preliminary fashion, scaled and dimensioned to the nearest foot. Construction details requested for street or utility improvements may be shown schematically. Maps and plans shall be to a scale of no more than one hundred feet to the inch. The entire area proposed for subdivision should be shown on one sheet if practicable, the only size limitation being forty-two inches in width, and shall adhere to the format and include information as follows:

A. Preliminary information sufficient to indicate that the final plat will meet requirements established under section 38-51-102, C.R.S. 1973, Land Survey Plat, as amended;

B. North arrow, graphic scale and date;

C. Boundary lines with bearings and distances, plus a property description of the tract proposed for subdivision;

D. Departing property lines and owners of record of all parcels adjoining the proposed subdivision, including parcels separated therefrom only by a public right-of-way;

E. Within the proposed subdivision, the street, block and lot layout and existing or proposed easements for drainage, irrigation or other access or utilities shall be shown, drawn to scale. Standard lot setbacks or easements may be indicated by note only;

F. Street names, and block and lot numbering systems shall be shown;

G. Area and use of each lot;

H. Existing contours, at five-foot intervals unless a maximum ten-foot interval is approved in rugged areas; topographic information shall be accurate within one-half of the approved contour interval;

I. Common open space not reserved or dedicated to the public;

J. Sites to be reserved or dedicated for public parks, schools and other public buildings, facilities or use. (Ord. 15, Series of 1979 § 4.02.01)

16.04.340 Preliminary plat--Additional information.

Additional information shall accompany the preliminary plat as follows:

A. Name of the proposed subdivision, which shall be different from that of any existing subdivision previously recorded in Garfield County;

B. Names and addresses of the surface owners, mineral owners, and any lessees of the mineral owners, as such names and addresses appear upon the county records; names and addresses of any mortgagee, the subdivider and the person or firm preparing the preliminary plat, and the engineer or surveyor, licensed to practice in the state, responsible for the boundary survey and any engineering studies;

C. Names and addresses of the owners of land immediately adjoining the area to be platted;

D. Total acreage of land to be subdivided and acreage intended for each type of usage;

E. Proposed terms of reservations or dedications of public sites for parks, schools and other public buildings, streets, facilities and use;

F. Brief description of proposed covenants;

G. Evidence that the subdivision will be in compliance with all of the requirements of the zoning ordinances of the town;

H. Total number of square feet of proposed nonresidential floor space;

I. Total number of proposed off-street parking spaces, excluding those associated with single-family residential development;

J. Reduced photocopies of the preliminary plat, sized at eleven inches by seventeen inches, in a number to be determined by the town clerk before the preliminary plat materials shall be submitted to the commission or board for review. (Ord. 19-00 (part); Ord. 27-80 § I (part); Ord. 15-79 § 4.02.02)

16.04.350 Preliminary plat--Vicinity sketch map.

A vicinity sketch, normally drawn at a scale of one inch equals one thousand feet (although, if such maps are not available, USGS map, 1:24,000 scale, may be accepted), shall accompany the preliminary plat. The vicinity sketch shall depict:

A. Tract lines and names of all abutting subdivisions;

B. The location of streets and highways within an area of approximately one-quarter mile of the proposed subdivision tract;

C. The location of all adjacent utility systems within an approximate one-quarter mile area minimum; and

D. The natural drainage courses for streams flowing through the proposed subdivision, with the limits of tributary areas shown where this is reasonable. (Ord. 15-79 § 4.02.03)

16.04.360 Preliminary plat--Geology, soil and vegetation.

At the discretion of the planning and zoning commission and according to its requirements, geological, soil and vegetation characteristics of the land proposed for subdivision shall be investigated and shown on a plan supplemental to and at the same scale as the preliminary plat, accompanied by the following reports, which shall completely describe existing conditions:

A. Geology. Geology-bedrock lithology and the stratigraphy of overlaying unconsolidated materials shall be generally described and/or illustrated in sufficient detail to indicate any potential development problems resulting from leaching of sewage, groundwater, subsidence, instability in road excavations and fills, expansive soils, drainage, structural bearing strength for building foundations, etc.

B. Soils. Soil types and their boundaries, based on the National Cooperative Soil Survey, USDA, Soil Conservation Service, and a table of interpretations for included soil types, shall be mapped and described.

C. Vegetation. Plant associations, including a description of adapted materials, shall be mapped and described following practices of the Soil Conservation Service. Major tree masses shall be shown on the plan. (Ord. 27-80 § I (part); Ord. 15-79 § 4.02.04)

16.04.370 Preliminary plat--Grading and drainage plan, street profiles.

A plan supplemental to and at the same scale as the preliminary plat shall accompany the preliminary plat, and shall depict the following:

A. Cut-and-fill Slopes. Generalized grading for all cut-and-fill slopes on any portion of the proposed subdivision where the undisturbed ground surface slopes twenty percent or more in any directionshowing existing and revised contours and any proposed retaining structures;

B. Grade Relationships. Cross-sections to illustrate grade relationships between proposed roads and building sites;

C. Street Profile. Centerline profiles of proposed streets shall be plotted, at a horizontal scale consistent with the preliminary plat and an exaggerated vertical scale, on either the grading and drainage plan or a sheet supplementary thereto, with sufficient detail to insure that proposed streets meet gradient limitations established by these regulations and bear a logical relationship to the grade of existing public streets at points of intersection. Typical cross-sections of streets and general paving specifications shall be shown;

D. Drainage Study. A drainage study shall be furnished. All existing water courses shall be shown; limits of tributary areas, where practical, shall be shown and computations of expected tributary flows shall be made and results indicated. Design of drainage facilities shall be such as to prevent major damage or flooding of residences in a one-hundred-year storm; areas subject to inundation shall be shown. Location and sizes of all proposed culverts, bridges and ditches, channels and easements shall be shown. The drainage study shall be performed and signed by a qualified engineer registered in the state of Colorado. (Ord. 15, Series of 1979 § 4.02.05)

16.04.380 Preliminary plat--Utility plan and agreement.

A. A plan supplemental to and at the same scale as the preliminary plat, showing the line location, size and gradient for the proposed water distribution and sewage collection mains within the proposed subdivision in relation to existing town installations, shall accompany the preliminary plat. The utility plan shall also indicate that underground distribution of electrical power and communications lines, including, without limitation, cable television and telephone lines, is to be utilized, and a description of the systems shall be shown on the plan.

B. The subdivider shall also present written evidence that the utility companies involved, including, without limitation, electric, telephone and cable television companies, have been advised of the proposed system, and, if possible, that an agreement on service and design has been reached. (Ord. 21-03 § 1 (part))

16.04.390 Preliminary plat--Water rights.

The subdivider shall submit a historical use affidavit concerning the water rights proposed for dedication to the town pursuant to existing town ordinances. The historical use affidavit shall contain the following information:

A. The name(s) and address(es) of the owner(s) of the water rights proposed for dedication;

B. A legal description of the land to be annexed or provided with municipal water service;

C. The total number of acres to be annexed, subdivided, replatted or provided with municipal water services, and the current use of the property;

D. The total number of acres presently being irrigated and/or intended to remain in irrigation;

E. A copy of all decrees concerning all water rights appurtenant to the property and of all water rights proposed for dedication;

F. A copy of any court decree, judgment, order or decision which affects the title or possession of such water rights;

G. A copy of the documents by which the owner received title to the water rights appurtenant to the property and/or proposed for dedication;

H. A copy of all diversion records for the last six years of the water rights proposed for dedication;

I. The owner’s statement as to the historic use of the water rights appurtenant to the property and/or proposed for dedication. (Ord. 15, Series of 1979 § 4.02.07)

16.04.400 Preliminary plat--Number of copies.

All of the maps, plans and information provided for in Sections 16.04.330 through 16.04.390 shall be submitted in fifteen copies. (Ord. 15, Series of 1979 § 4.02.08)

16.04.410 Final plat--Format.

Two copies of the final plat shall be drafted in a legible form with black waterproof ink on a permanent reproducible material, such as mylar, on a sheet or sheets measuring twenty-four by thirty-six inches, with clear margins measuring two inches on the left-hand side and one-half inch on the remaining sides. Where multiple sheets are necessary to depict the total filing, the vicinity map, legal description of the tract boundary, a key map to sheet location and all certifications and dedications need appear only on the title or cover sheet. Scale of the final plat shall be consistent with that of the preliminary plat. (Ord. 27, Series of 1980 § I (part): Ord. 15, Series of 1979 § 4.03.01)

16.04.420 Final plat--Contents.

The final plat shall adhere to the format contemplated in Section 16.04.410 and include information as follows:

A. Basic Lines and State Requirements.

1. Tract boundary lines and right-of-way lines or street lines, in solid black lines; easements or other right-of-way lines, in dashed lines; and lot boundaries, in solid lines shall be shown, with accurate dimensions to the nearest .01 foot.

2. Bearings or deflection angles, arc lengths, chord distances and central angles on all curves shall be shown.

3. Each lot shall be numbered and the dimensions and area of each lot shall be shown.

4. Widths and dimensions of all easements, rights-of-way and streets shall be indicated.

5. In addition to requirements described in this section, the final plat shall meet all requirements established under Section 38-51-102, C.R.S. 1973, and any other requirements of Colorado law, as the same may be amended from time to time;

B. Street, Block and Lot Designations. Names of all streets or roads, block letters, and lot numbers shall all be indicated for each plat identification;

C. Drainage Channels and Areas. The location of all major drainage channels or areas, showing the boundaries of lands subject to inundation;

D. Control Points and Monuments. All surveying data shall be tied to primary control points, the locations and description of these control points being indicated. The location and description of all property monuments on the subdivision shall be indicated. Such monuments shall be placed in conformance with the standards specified in Section 16.04.760;

E. Legal Description. A legal description of the property;

F. Legend Information. Name of subdivision, basis of bearings, north arrow, graphic scale and date of survey;

G. Vicinity Map. Vicinity map at a scale of one inch equals one thousand feet, and including section lines and township and range lines where practicable;

H. Certifications and Use and Ownership Information. Certifications and information as follows:

1. Name and address of owners of record, and mortgagee, if any,

2. Total acreage of the subdivision and, where applicable, total number of lots, and acreage within the subdivision devoted to each use, such as single-family residential, commercial, streets or open space,

3. A reference to any protective covenants which are to be recorded with the plat,

4. A certificate of dedication and ownership (see Appendix A to this chapter),

5. Title company or attorney’s certificate (see Appendix B to this chapter),

6. Surveyor’s certificate (see Appendix C to this chapter). The certificate shall be signed by a land surveyor licensed in the state of Colorado responsible for the survey and final subdivision plat,

7. An approval certificate for the commission (see Appendix D to this chapter),

8. An approval certificate for the board (see Appendix E to this chapter),

9. The recorder’s certificate (This certificate need not be completed until after final approval.),

10. Condominium construction and air space survey certification, where applicable. (Ord. 27, Series of 1980 § I (part); Ord. 15, Series of 1979 § 4.03.02)

16.04.430 Final plat--Supplemental material.

Supplemental material to be submitted with the final plat is as follows:

A. A letter must be received from the subdivider stating that all supplemental information furnished with the preliminary plat is valid for the final plat, or, if this is not the case, revised supplemental data of the same scope and format as required for the preliminary plat shall be furnished.

B. The protective covenants, conditions and restrictions placed on the subdivision, one copy of which shall be filed for record in the office of the clerk and recorder at the time of recording the final plat.

C. Engineering plans, descriptions and cost estimates for streets, drainage facilities, utility systems, (including but not limited to: natural gas, electric, telephone, cable TV, water and sanitary sewer), bridges, and all other improvements required and/or proposed to be installed by the subdivider;

D. Letters must be received by the town from the utility companies providing service to the subdivision, stating that construction design plans for such utilities are appropriate;

E. A subdivision improvements agreement to be executed between the subdivider and the town simultaneously with board approval of the final plat, whereby the subdivider agrees to complete such public improvements as are required to be constructed by the subdivider and shown in the final plat documents within a specified period or periods of time and to complete such improvements in accordance with the appropriate design standards as reviewed and approved by the town; and.

F. Reduced photocopies (eleven inches by seventeen inches) and electronic files of the final plat, in a number to be determined by the town, before the final plat materials shall be submitted to the commission or board for review. (Ord. 21-03 § 1 (part))

16.04.440 Final plat--Number of copies.

All of the maps, plats and information provided for in Sections 16.04.410, 16.04.420 and 16.04.430 shall be submitted in original and fifteen copies thereof, unless the town clerk requires a larger number of copies, which larger number shall be submitted by the subdivider. (Ord. 19-00 (part): Ord. 15-79 § 4.03.04)

16.04.450 Multifamily subdivisions--Requirements designated.

All condominiums, apartments, townhouses and other multifamily subdivision applications shall be processed and reviewed according to the requirements set forth in Sections 16.04.460 through 16.04.530. (Ord. 27-80 § II (part) Ord. 15-79 § 4.04.01 (part))

16.04.460 Multifamily subdivisions--Conformance to provisions.

Where subdivision or resubdivision of land is proposed, the subdivision or resubdivision of such land shall be reviewed according to the provisions of Sections 16.04.100 through 16.04.440 and shall be subject to all applicable provisions of this chapter. (Ord. 27-80 § II (part): Ord. 15-79 § 4.04.01(a) (part))

16.04.470 Multifamily subdivisions--Lots with zero setbacks.

A subdivision or resubdivision of land creating rowhouse lots, townhouse lots or other lots with zero building setbacks shall show on both the preliminary plat and final plat an envelope for each proposed construction area that shall contain sufficient area to include all proposed lots and improvements.

A. The envelope shall be drawn for each individual building proposed and shall not contain more than one hundred twenty-five percent of the area necessary to provide for the proposed lots and improvements. Approximate lot locations shall be shown within these envelopes. The maximum number of dwelling units which may occur in each envelope shall be shown within the envelopes. The envelopes shall be described in accordance with Section 16.04.420(A).

B. No certificate of occupancy shall be issued until an improvements survey sufficient for recording with the Garfield County clerk and recorder has been approved by the board and has been recorded with the Garfield County clerk and recorder.

C. An amended final plat, if required, shall be subject to the review and approval only by the board. (Ord. 27-80 § II (part): Ord. 15-79 § 4.04.01(a) (part))

16.04.480 Multifamily subdivisions--Plot plan--Required.

A plot plan shall be prepared for each multifamily subdivision application in addition to any requirements pertaining to the subdivision or resubdivision of land. This plot plan shall be presented to the commission at the time of submission of the preliminary plat and shall be subject to the same review and approval procedures as established in these regulations for the preliminary plat. The plot plan shall be approved, disapproved or conditionally approved by both the commission and the board prior to any final action on the plat or plats required as a part of the same application. for the subdivision or resubdivision of land. (Ord. 27-80 § II (part): Ord. 15-79 § 4.04.01(b))

16.04.490 Multifamily subdivisions--Plot plan copies and contents.

The plot plan shall be submitted according to the following requirements:

A. Fifteen copies of the plot plan, at the same scale as required for the preliminary plat, shall be submitted with north arrow, tract boundaries and graphic scale.

B. A graphic display of the building, buildings and other improvements, showing at least their location, the number of dwelling units, parking spaces, streets, internal circulation systems, walkways, sidewalks, parks and playgrounds shall be required.

C. Building setbacks, building heights and dimension of all improvements shall be shown on the graphic.

D. The proposed phasing of construction by area or building shall be shown if applicable.

E. Landscaping concepts and areas of soil stabilization shall be shown.

F. The plot plan shall show a certification indicating approval by both the commission and the board. (Ord. 27-80 § II (part): Ord. 15-79 § 4.04.02)

16.04.500 Multifamily subdivisions--Improvements survey--Condominium survey.

A. No certificate of occupancy shall be issued for a multifamily building until an improvements survey has been prepared and submitted by the developer and approved by the board for that building.

B. No certificate of occupancy shall be issued for a condominium building until both an improvements survey and a condominium construction and air space survey have been prepared and submitted by the developer and approved by the board. (Ord. 27-80 § II (part): Ord. 15-79 § 4.04.03)

16.04.510 Multifamily subdivisions--Building permits.

Building permits may be issued by the town planner after the board has approved the plot plan and the final plat. (Ord. 27-80 § II (part): Ord. 15-79 § 4.04.04)

16.04.520 Multifamily subdivisions--Documentation.

A. All restrictive covenants, condominium declarations, association bylaws and documents of organization shall be subject to the approval of the town planner prior to the issuing of any certificate of occupancy for any multifamily building or part thereof in a multifamily subdivision.

B. Included in the documentation provided for in subsection A shall be a statement as to how commonly owned open space, common area, or common elements shall be maintained.

C. Prior to granting approval of the documentation described in this section, the town planner shall have in writing a statement of approval of such documentation from the town attorney. (Ord. 27-80 § II (part): Ord. 15-79 § 4.04.05)

16.04.530 Multifamily subdivisions--Improvement standards applicability.

The standards established in this chapter for the design and construction of improvements such as roads, sidewalks, curbs, gutters, bridges, water systems, sewer systems, utilities, drainage systems or the like shall apply even where no public dedication of such improvements is proposed. (Ord. 27-80 § II (part): Ord. 15-79 § 4.04.06)

16.04.540 Layout, improvements and engineering.

The individual lots and subdivision layout, the constructed improvements, and the engineering investigation and design shall conform to the provisions of this section through Section 16.04.760, as well as applicable provisions of the town’s zoning ordinances. (Ord. 15-79 § 5.00)

16.04.545 Public improvement warranty and security for warranty.

A. A subdivider shall warrant all public improvements, private improvements in lieu of public improvements and utilities for four years after the town’s acceptance of same and shall secure the four year warranty by an insurance policy, bond or letter of credit, from a surety or financial institution and in a form acceptable to the board of trustees, payable to the town as beneficiary, in an amount adequate to replace or repair ten percent of the total value of all of the improvements if they are damaged or become inoperable during the warranty period. The board of trustees, in its sole discretion, may reduce said warranty period, based upon a finding that a four-year period is not necessary to protect the town’s interests. However, in no event shall the warranty period be reduced to less than two years.

B. If the town administrator determines that any such public or other improvements or utilities need repair or replacement, the administrator shall so notify the subdivider. The administrator shall not approve any other development applications from or improvements constructed or installed by the subdivider until the subdivider satisfactorily repairs or replaces the defective improvements.

C. If the subdivider fails to repair or replace any such public or other improvements after notice, the town administrator may cause the work to be performed and charge the costs against the security. If the amount of the security is less than the cost of repair or replacement, the difference shall be due and payable to the town by the subdivider.

D. If any letter of credit is due to expire before the end of the warranty period, and is not replaced at least sixty days before its expiration with another letter of credit which is valid until the end of the warranty period, or for an additional year, whichever is less, the town administrator shall call the letter of credit and shall hold the funds thereby received in a separate account, and shall return such funds as are not expended or to be expended for warranty work to the subdivider at the end of the warranty period.

E. The warranty period shall not expire until such time as the town administrator acknowledges in writing that all necessary warranty corrections are complete and the warranty period is over. (Ord. 38-03 § 1; Ord. 19-00 (part))

16.04.550 Natural hazards and conditions.

Based on a finding by a qualified engineer or engineering geologist or other professional, no land shall be subdivided which is held by the commission to be unsuitable for subdivision by reason of one-hundred-year flooding frequency, high water table, mudflow, rockslide or other potential natural hazard, feature or condition likely to be harmful to the health, safety or welfare of the town, its residents or future residents in the proposed subdivision. In the case of land which is partially affected by any of the above features, it may be subdivided; provided, that the commission finds that the proposed use of the lots will not be adversely affected by the hazard or special condition. (Ord. 15-79 § 5.01(a))

16.04.560 Growth patterns.

The commission may deem land premature for subdivision when subdivision approval would create growth patterns of such physical form and size that governmental inefficiencies, duplication of municipal facilities, unnecessary public costs or financial burdens to the town may result from providing the extension of public services, and planned support facilities cannot be accomplished in a planned, orderly or efficient manner. (Ord. 15-79 § 5.01(b))

16.04.570 Proximate development.

No final subdivision plat shall be approved until building permits have been issued for no fewer than sixty percent of the lots in the most recent previous filing of the same overall development. (Ord. 15-79 § 5.01(c))

16.04.580 Legal conformity.

No subdivision shall be approved which is contrary to the town of Silt master plan, the provisions of any zoning ordinance or other ordinance of the town, any statute or regulation of the state of Colorado. (Ord. 15-79 § 5.01(d))

16.04.590 Lot and block access and size.

A. Each lot shall be designed to provide for an adequate accessible building site for a structure devoted to the intended use of the land.

B. Except as provided under the section on planned unit development, Section 16.04.880, each lot shall meet or exceed the minimum requirements of applicable zone district regulations and shall have a minimum of twenty-five feet of frontage on a dedicated public street.

C. The use of an easement for principal access to a lot shall not be allowed.

D. Where individual water and/or sewage systems are proposed for each lot, the minimum lot area as provided under applicable zone district regulations may be increased to minimize health hazards. (Ord. 15-99; Ord. 15-79 § 5.02)

16.04.600 Streets--Pattern.

A. The street pattern shall be designed to afford safe and convenient access to all lots within the subdivision. It shall have a logical relationship to topography, and shall conform to the major street plan adopted by the town.

B. Where developable but unplatted land is separated by a proposed subdivision from an existing public right-of-way, the street pattern of the proposed subdivision shall include streets extended to the boundary common to both tracts to prevent land-locking of the unplatted tract.

C. Local residential streets shall be designed to discourage through traffic, and where a proposed subdivision borders on or includes a street designated arterial or subarterial, intersections of proposed streets with such arterials shall be held to a minimum.

D. Lots bordering arterial and subarterial roadways may either be reverse-facing on an internal street within the subdivision or be served by a frontage road.

E. Intersections of streets shall be at right angles unless otherwise approved by the commission and the town engineer. No more than two streets shall intersect at one point. Two streets meeting a third street from opposite sides shall meet at the same point or their centerlines shall be offset at least one hundred twenty-five feet. (Ord. 15-79 § 5.03.01)

16.04.610 Streets--Width.

Street widths and pavement widths shall not be less than those indicated by the following table. The classification of streets shall be in accordance with the town’s major street plan. Roadway widths shall be determined by the board in accordance with topographic, land use and circulation requirements and may exceed the minimum requirements set forth below:

Street Type	Minimum Dedicated Right-of-Way Width	Roadway Minimum Width
A. Arterial streets	100 ft.	50 ft.
B. Subarterial streets	80	40
C. Collector streets	70	40
D. Residential streets	60	28--40
E. Secondary residential streets	40	24
F. Alleys (where permitted)	20	20

(Ord. 27, Series of 1980 § I (part): Ord. 15, Series of 1979 § 5.03.02)

16.04.620 Streets--Termination.

Dead-end streets shall not be permitted. A street may end in a permanent cul-de-sac; provided, that it is no longer than five hundred feet and that the radius of the cul-de-sac is at least fifty feet to the curb and fifty-five feet to the edge of the right-of-way. Where a street is designed to connect with a future street, a temporary turnaround shall be provided with a radius equal to that required for a permanent cul-de-sac. If the temporary turnaround is to exist for a period longer than twelve months, then the subdivider shall pave it. (Ord. 15, Series of 1979 § 5.03.03)

16.04.630 Streets--Grades, curves and sight distances.

A. Grades, curves and sight distances shall be subject to the approval of the commission to insure proper drainage and safety for vehicles and pedestrians.

B. The minimum street grades shall be 0.5 percent. The maximum street grade shall be eight percent.

C. Streets shall not exceed the gradient of four percent within one hundred feet of an intersection.

D. Changes in street grade shall be accomplished by vertical curves of sufficient length to maintain safe sight distances.

E. The centerline radii of curvature for arterial and collector streets shall not be less than three hundred feet. The centerline radii of curvature for residential streets shall not be less than one hundred feet. (Ord. 15, Series of 1979 § 5.03.04)

16.04.640 Sidewalks.

A. Sidewalks are required on both sides of all streets and shall be at least six feet wide in residential areas and ten feet wide in commercial areas. The board may allow deviation from this requirement, upon a finding that other pedestrian facilities have been provided.

B. Construction of sidewalks shall be to specifications set by the board through its designated representative.

C. All sidewalks shall be ramped at all intersections or other pedestrian crossings; all sidewalks shall conform to the Americans with Disabilities Act, as amended from time to time.

D. The sidewalks shall be constructed prior to housing, industrial or commercial facilities in the development, and such completion shall be provided for within the subdivision improvements agreement or other agreement as the town determines as necessary. (Ord. 36-03 § 1)

16.04.650 Street improvements.

A. All streets and alleys proposed for dedication to the public shall be laid out, graded, a base course of gravel installed and an asphalt wearing course installed the full width of the roadway. Curb and gutter shall be installed in all streets.

B. All such improvements shall be installed to the specifications of the board through its designated representative.

C. All street improvements described in this section shall be the financial responsibility of the subdivider.

D. The streets shall be constructed prior to the housing, industrial or commercial facilities in the development.

E. The subdivision improvements agreement shall contain sufficient safeguards to insure that the street improvements are completed before the remainder of the development. (Ord. 15, Series of 1979 § 5.03.06)

16.04.660 Street names and signs.

A. Names of streets shall be subject to the approval of the commission and, wherever applicable, shall be consistent with the surrounding areas.

B. The board may require that the subdivider install suitable street signs at the subdivider’s expense.

C. Suitable warning signs and/or devices shall be installed at all railroad or other hazardous crossings. (Ord. 15, Series of 1979 § 5.03.07)

16.04.670 Drainage--Design standard.

Design of drainage facilities shall be such as to prevent major damage or flooding of residences in a one-hundred-year storm. Areas subject to inundation shall be indicated in the plans. (Ord. 15, Series of 1979 § 5.04)

16.04.680 Drainage--Easements, channels, culverts and bridges.

A. Drainage easements, channels, culverts and required bridges shall be designed by an engineer registered in the state of Colorado and shall be capable of handling a flow as determined by the drainage study, all subject to the approval of the board.

B. These improvements shall be constructed by the subdivider at his expense.

C. Drainage easements shall be provided as required to accommodate expected flows. In no case shall open drainage easements be less than twenty feet wide.

D. Culverts or drainage pipes, where required, shall be galvanized, corrugated steel or the approved equivalent with a strength design in accordance with AASHO recommendations for an H-20 live load. Minimum acceptable culvert size shall be eighteen inches in diameter. (Ord. 15, Series of 1979 § 5.04.01)

16.04.690 Bridges.

A. Any bridge planned as part of a proposed subdivision shall be designed and constructed in accordance with AASHO recommendations for an H-20 live load.

B. Where an existing bridge is part of a proposed subdivision and does not meet specifications of these regulations, it shall be the responsibility of the subdivider to repair or replace such bridge as necessary to meet the requirements of an H-20 live load.

C. The width of any such bridge shall be the same as the width of its roadway approaches. (Ord. 15, Series of 1979 § 5.04.02)

16.04.700 Water distribution systems--Fire hydrants.

A. Water distribution systems shall be designed to connect with the town water system and make water available to each lot in the proposed subdivision.

B. Fire hydrants shall be located to ensure protection of each lot based on utilization of existing town fire fighting equipment, but under no circumstances shall a lot be more than three hundred feet from the nearest hydrant based on front line distance.

C. Design of the system shall be the responsibility of the subdivider with all plans subject to approval of the board through its designated representative.

D. Installation of the system shall be to town specifications and at the direction of the board through its designated representative.

E. Financial responsibility for the water distribution system shall be subject to existing town regulations and agreements relating thereto between the board and the subdivider. (Ord. 15, Series of 1979 § 5.05)

16.04.710 Sewage collection system.

A. The sewage collection system shall be designed to connect with the town system and provide service to each lot in the proposed subdivision.

B. Design of the system shall be the responsibility of the subdivider with all plans and specifications subject to the approval of the board through its designated representative.

C. Installation of the system shall be to town specifications and at the direction of the board through its designated representative.

D. Financial responsibility for the sanitary sewage collection system shall be subject to existing town regulations and agreements relating thereto between the board and the subdivider. (Ord. 15, Series of 1979 § 5.06)

16.04.720 Underground utilities.

A. All utilities except major power transmission lines shall be underground. Aboveground facilities necessarily appurtenant to underground facilities, or installation of peripheral overhead electrical transmission and distribution feeder lines, or installation of either temporary or peripheral overhead communications, distance, trunk or feeder lines, may be above ground.

B. Where a subdivider proposes underground wiring systems, it shall be his responsibility to coordinate design of the systems with the appropriate utility company, including electric, cable television and telephone companies, during the preliminary design stage. No reference to provision of underground wiring facilities shall be made on either the final plat or on any covenants unless the subdivider has submitted to the board a copy of an agreement between the subdivider and the applicable utility companies detailing the methods of compensation to the ____ utility companies for installation of underground wiring. The town shall not be a party to that agreement.

C. The subdivider shall give all utility companies that will provide underground wiring to the subdivision at least ten days advance written notice of the availability of any open trench in the subdivision and provide such utility companies with reasonable access to the trench to install or repair wiring.

D. For all residential structures hereafter erected in new subdivisions that are to be served by underground utilities, the subdivider must provide for cable television service therein under the following conditions:

1. Subdivider shall perform all trenching and backfilling necessary for the provision of cable television service, including furnishing of any imported backfill material required.

2. The cable television franchisee shall install at its expense all necessary wiring and equipment to provide service to the subdivision. During and after construction, the franchisee shall inspect the work required to be performed by the subdivider hereunder. The franchisee shall certify to the town prior to the town’s final acceptance of the work performed by the subdivider that such work has been properly completed and that the cable television service facilities required herein are properly installed. (Ord. 21-03 § 1 (part))

16.04.730 Street lighting.

The subdivider shall install street lights at points which may be designated by the town. The design of both poles and lights shall meet specifications established by the board through its designated representative. (Ord. 15, Series of 1979 § 5.08)

16.04.740 “As-built” plans.

The subdivider shall submit to the town finished plans of all public improvements as installed before the town will accept the improvements. The working plans as approved are acceptable if they remain true after construction and as long as this is attested to in writing by a registered engineer personally familiar with the installation. (Ord. 15, Series of 1979 § 5.09)

16.04.750 Easements.

A. Easements for utility purposes shall be shown along all rear lot lines except those bordering dedicated streets and alleys, and easements for utility purposes may be required along any of the side lot lines except those bordering dedicated streets and alleys.

B. Side lot easements shall measure a minimum of five feet in width on each lot and rear lot easements shall measure a minimum of seven and one-half feet in width on each lot.

C. Easements for drainage purposes shall be designed to accommodate expected runoff.

D. Pedestrian easements measuring a minimum of ten feet in width may be required for any block which exceeds one thousand feet in length. (Ord. 15, Series of 1979 § 5.10)

16.04.760 Boundary survey, internal property lines and monumentation.

A. The boundary survey, internal property lines and monumentation shall meet all of the requirements of articles 50--53 of title 38, C.R.S. 1973, as amended.

B. Survey data shall be checked by the Garfield County surveyor prior to approval of the final plat.

C. The location of all monuments required by this regulation shall be indicated on the plat, and shall be installed as follows:

1. All street centerline monuments shall be iron pin monuments five-eighths of an inch in diameter and eighteen inches long, set in concrete at least eight inches in diameter and located in the ground at all points on street centerlines where there is a change in direction or curvature, at all street intersections, and at the radius point of a cul-de-sac.

2. All monuments shall be set in monument boxes of a type approved by, or obtained through, the town, and shall be set to the finished street grade before acceptance of the street for maintenance by the town.

3. All monuments shall have a cap bearing the number of the land surveyor setting the monuments.

4. Accuracy between all monuments shall be not less than one part in ten thousand.

5. In no case shall monuments be set more than one thousand four hundred feet apart. (Ord. 15-79 § 5.12)

16.04.770 Dedication and reservation of land for public purposes.

For every subdivision, the board shall require the dedication of certain sites for parks and recreation use, preservation of open lands, and protection of environmentally sensitive areas, and may require reservation of sites for schools and other public purposes. Land dedicated may include the one-hundred-year floodplain, environmentally sensitive lands, open space, national and state historical or natural features, and proposed public areas set aside in state, regional, county or town comprehensive plans. Land dedicated shall not include sites for technical, private or public agencies, sites for service organizations which are not open to the general public or sites that are identified as unsuitable for public use due to environmental contamination, geological or other natural hazards, utility easements or other features which may be harmful to the health and safety of the citizens. (Ord. 18-00 § 1: Ord. 27-80 § I (part): Ord. 15-79 § 6.01)

16.04.780 Dedication for recreation--Residential development.

The subdivider shall convey to the town by means of a final plat dedication or shall deed land to be used for public recreation, at locations designated by the town, in the following manner:

A. The subdivider shall dedicate to the town land in the ratio of seven acres for every one thousand residents of the proposed subdivision.

B. For the purpose of the requirement in subsection A, the number of residents attributable to each subdivision shall be:

1. Single-family dwellings, 3.5 residents per unit;

2. Two-family dwellings, 3.0 residents per unit;

3. Multifamily dwellings, 2.5 residents per unit;

4. For planned unit developments or where the number of units is known because of a proposed master plan, the number of units proposed shall govern. (Ord. 27-80 § I (part): Ord. 15-79 § 6.02(a))

16.04.790 Dedication for recreation--Commercial or industrial subdivision.

In the case of commercial or industrial subdivision, the subdivider or developer shall dedicate and convey to the town by means of final plat dedication or deed eight percent of the total gross lot area to be used as public recreation, at locations designated by the town. (Ord. 27-80 § I (part): Ord. 15-79 § 6.02(b))

16.04.800 Dedication for recreation--Suitability of land.

A. A minimum of eighty percent of land dedicated under Sections 16.04.780 and 16.04.790 shall lend itself to utilization for public recreation purposes, which include but are not limited to the following: play fields, tennis courts, picnic sites and boating areas. The dedicator shall provide the town with a report from an appropriate land use professional identifying potential and proposed uses for the dedicated land. Such report shall be submitted at least fifteen days prior to the first public meeting at which such dedication is scheduled to be discussed.

B. All land dedicated to the town for recreation, open land preservation, environmental protection or other purposes shall be free of environmental contamination. Environmental contamination, as used in this chapter, shall include, but not be limited to, contamination to the land or its environment by natural or man-made sources, including, by way of example only, mining activities, chemicals, landfills, spills, disposal sites, etc. The town shall incur no liability for environmental contamination, remediation or cleanup. The town shall not accept dedication of sites with environmental contamination. Further, if the town accepts dedicated land and later discovers contamination on such land, the contaminated land or portion thereof shall be conveyed to the previous owner with all associated liabilities. Additionally, within thirty days after any such conveyance to a previous owner, such owner shall dedicate alternative property to the town or pay an acceptable fee to the town as cash in lieu of dedication to replace the unsuitable land.

C. The town may, in its sole discretion, require the dedicator to obtain and provide in writing to the town site-specific analyses of the land proposed to be dedicated for purposes of evaluating wildlife, vegetation, floodplain, natural hazards, site contamination, cultural sites and other site related issues. The town shall give notice to the dedicator no less than sixty days before such analyses shall be due to the town. The dedicator shall incur the cost of such analyses and shall provide such writing to the town by such sixtieth day, or at a time thereafter mutually agreeable to the town and the dedicator, before the scheduled date of dedication.

D. The town shall be entitled to all rights and remedies under Colorado law concerning environmentally contaminated land the town accepts or owns. Specifically, but without limitation, any owner who dedicates, conveys or otherwise transfers environmentally contaminated land to the town shall defend, indemnify and hold the town harmless from any and all claims or losses of any nature whatsoever incurred by the town resulting from such transfer of property including, without limitation, indemnification against any claims arising under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. Such indemnification shall include the owner’s reimbursement to the town for the town’s actual attorney fees and costs incurred directly or indirectly in connection with the town’s acceptance of the contaminated land, including but not limited to fees and costs incurred as the result of any party’s action against the town for any town approval or acceptance of land given. (Ord. 18-00 § 2: Ord. 15-79 § 6.02(c))

16.04.810 Dedication for recreation--Credit for private facilities.

The town may give the subdivider or developer credit for private recreation facilities in the development; provided, that:

A. The amount of land to be dedicated may be reduced by no more than fifty percent of the requirements of this chapter;

B. The board determines that the private recreation facilities offered will absorb a major portion of the recreation demands of the residents or employees of the proposed development;

C. The private recreation facilities will be constructed at the same time as or prior to the housing, industrial or commercial facilities in the development;

D. There are sufficient safeguards in the subdivision improvements agreement to insure that the private recreation facilities are completed at the same time as or before the remainder of the development. (Ord. 15, Series of 1979 § 6.04)

16.04.820 Dedication for recreation--Alternatives.

A. At the option of the board, the subdivider or developer may be required, on or before final passage of the ordinance approving subdivision, to pay to the town payment in cash or to transfer other property in lieu of land dedication.

B. The amount of cash payment shall be determined by multiplying the square footage of the area required to be dedicated by this chapter by the parkland fee as determined under Section 16.04.840, calculated as of the year of final subdivision approval.

C. If the board determines to accept other property instead of or as a partial payment toward the cash payment required under this section, the board shall determine the value of the other property. (Ord. 15-79 § 6.05(a))

16.04.830 Dedication for recreation--Payment in lieu.

Payment in lieu of land dedication shall be made prior to final approval of the ordinance approving the subdivision, and such payment shall be placed in a recreation fund to be established and maintained by the town for the acquisition of land and for the improvement of parks, playgrounds and recreation areas in the town, and may benefit the residents of the town in general, as well as those of the proposed subdivision. (Ord. 15-79 § 6.05(b))

16.04.840 Fees in lieu of dedication of recreation/parkland.

Where the developer decides not to dedicate the full amount of land to parks and recreation, he may opt to pay a parkland fee in lieu of land dedication, in which case, it shall be figured at thirty thousand dollars per acre of the portion of land not dedicated by the developer. (Ord. 12-97; Ord. 15-79 § 6.05(c))

16.04.850 Reservation for public agencies--Generally.

If requested by a public agency, the board may require a subdivider or developer to reserve land areas sufficient for development of school or other public agency facilities. A public agency includes the state of Colorado or any political subdivision thereof. (Ord. 15, Series of 1979 § 6.03(a))

16.04.860 Reservation for public agencies--Suitability of land.

Land reserved shall, by the nature of its natural topography, soil conditions and connecting utilities, lend itself to development of the desired facility. (Ord. 15, Series of 1979 § 6.03(b))

16.04.870 Reservation for public agencies--Purchase procedure.

Land reserved shall be purchased by the public agency at its fair market value as determined below, according to the following procedures:

A. Option Agreement. Within ninety days following approval of the final plat, the requesting agency and the subdivider or developer shall enter into an option agreement for a period of no greater than one year, with a renewal provision for one additional year.

B. Deposit for Replatting. When the option is signed, the public agency shall deposit with an escrow agent an amount which shall be agreed to by the public agency and the developer to equal the actual costs and expenses, plus ten percent, of the costs of replatting the subdivision if the option is not exercised. In the event the public agency and developer cannot agree upon the estimated expenses, then the town administrator shall make the determination. In the event the option is extended for an additional year, the public agency shall deposit an additional ten percent of the estimated costs and expenses with the escrow agent.

C. Fair Market Value Defined. For the purpose of this section, the fair market value of the land reserved shall be the value of the raw, undeveloped land, plus a proportionate share, as they benefit the reserved land, of the actual costs of the improvements required by the subdivider or developer.

D. Arbitration of Value. In the event the public agency and the subdivider or developer cannot agree as to the fair market value, the parties shall submit the matter to binding arbitration, under such rules and regulations as the board may, by resolution, prescribe. (Ord. 15, Series of 1979 § 6.03(c))

16.04.871 Annexation--Dedication of land to school district required.

All annexations to the town concerning land to be used for residential purposes, approved from and after September 27, 1982, shall be required to either dedicate five percent of the gross land area as shown on the annexation plat to the public for the use of the Garfield County RE-2 School District, or alternatively to pay a fee in an amount equal to two hundred dollars per dwelling unit as shown on the final plat of the subdivision to the school district, said funds to be used for capital expenditures. The election as to whether to take land or cash in lieu of land shall be made by the board of the town after consultation with the school district. (Ord. 8-81 § 1)

16.04.872 Annexation--Transfer of title.

The transfer of title to any land so dedicated shall be by document separate and apart from any final plat. If cash is to be received in lieu of land dedication, payment shall be made at the time a certificate of occupancy is issued for any residential dwelling unit involved and regardless of whether the same is to be owner occupied. (Ord. 8-81 § 2)

16.04.880 Planned unit development.

To promote excellence of subdivision design and improvements, the commission may recommend approval of a subdivision that departs from the usual design of regularly platted lots and blocks. A planned unit development shall comply with all requirements and provisions of Chapter 16.12. (Ord. 15-79 § 5.11)

16.04.890 Variances--Exceptions to requirements.

A. Whenever strict application of the provisions of this chapter results in hardship due to unusual physiography or character of development of either the lands subject to subdivision or adjacent lands, the commission may recommend exceptions from any requirement of this chapter; provided, that the subdivision is developed consistently with the purpose of this chapter.

B. The commission shall record its findings in its official minutes, stating its reasons for recommending an exception. Such findings shall be forwarded to the board.

C. No exceptions shall be made without approval of the board. Notwithstanding the foregoing, if the variance request is minor, the applicant may request a review by a committee consisting of the town administrator, the town building inspector and one planning and zoning commissioner. This committee shall be called the “minor review committee.” If the decision of the minor review committee is not unanimous for approval, the request is to be considered denied. Denial of the request may be appealed before the planning and zoning commission by full variance procedures. (Ord. 11-96; Ord. 27-80 § 1 (part): Ord. 15-79 § 1.08)

16.04.900 Subdivision exemption--Findings.

A. The board of trustees may exercise its discretion to grant an exemption from subdivision procedural requirements of Chapter 16.04 and one or more of the requirements for engineered design data and specifications in Section 16.04.540 of this chapter if the board finds all of the following:

1. The subject property is suitable for subdivision within the meaning of Section 16.04.050(34) of this chapter;

2. All public utilities are in place on, or immediately adjacent to, the subject property;

3. Each lot has the necessary dedicated public access required by this title at the time the subdivision exemption application is submitted;

4. The subdivision plat shall comprise and describe not more than three lots;

5. No part of the area sought to be subdivided has been previously subdivided pursuant to a subdivision exemption or variance; and

6. The board determines that it does not need all engineered design data and specifications required by Section 16.04.540 to determine whether the subject property meets the design specifications in Chapter 16.04 of this title.

B. The board may waive the requirements of subsection (A)(5) of this section as to a subdivision exemption of property previously exempted from subdivision regulations if the new subdivision exemption will not increase the number of lots and is requested solely to move one or more lot lines within or on the perimeter of the subdivision as previously exempted.

C. The board may waive the requirements of subsections (A)(2) and (A)(3) of this section if the applicant agrees to execute a subdivision plat dedication restricting the use of one or more described lots in the subdivision exemption to public park or agricultural purposes in perpetuity.

D. The board may waive the requirements of subsection (A)(5) of this section as to a subdivision exemption of property previously exempted from subdivision regulations if the primary purpose of the new subdivision exemption is to divide an existing building, so long as the divided sections are compatible with regard to design and color. Any su9h requested subdivision exemption shall fully describe the subdivision of the lot upon which the building is located, shall comply with all applicable requirements of Chapter 16.04 of this title, and shall be accompanied by a request for variance if the proposed subdivision would not conform to any requirement of the applicable zone district. (Ord. 23-01 §1; Ord. 3-98 (part))

16.04.901 Applications.

A. An applicant for a subdivision exemption shall submit to the town one or more copies as required by the town of the following documents:

1. A sketch, drawn to scale, showing the existing and proposed lot configurations, existing structures, and existing public utilities and dedicated public access;

2. A statement explaining why the subdivision exemption meets the purposes of this chapter;

3. A statement of the intended uses for each of the parcels upon subdivision, together with a description of the proposed densities for each subdivided parcel;

4. A title commitment or other evidence sufficient in the board’s discretion of the applicant’s or other persons’ ownership interests in the property to be exempted and, if applicable, in any mineral, gravel and oil and gas leases, reservations, or similar documents affecting the property to be exempted.

B. As a condition of processing and granting the application, the town may require at any stage of the proceedings such engineering specifications and other data necessary to enable the board to determine whether the proposed subdivision will meet all of the applicable design and improvement standards in Chapter 16.04 of this title. (Ord. 3-98 (part))

16.04.902 Hearing procedures.

A. Unless the applicant agrees to a longer period of time, the planning and zoning commission shall hold a hearing within thirty days after the town planner determines that the application is complete. The commission may recommend that the application be approved, denied, or approved with conditions reasonably related to the intent and purposes of this title’s regulations.

B. The commission shall report its action and reasons therefore in its minutes which shall be supplied to the board of trustees before the board’s next regularly scheduled meeting.

C. If the commission recommends approval with or without conditions, or if the applicant chooses to appeal to the board the commission’s recommendation to deny the application, the board shall conduct a hearing on the application as soon as practicable. Notice of the time and place of the hearing shall be given in the manner set forth in Section 16.04.210 of this chapter. At the hearing, the board shall review the application, and may approve, deny or approve upon such conditions as the board may deem necessary to ensure compliance with all of the applicable intents, purposes and requirements of this Code.

D. Without limiting the foregoing, the board may require the applicant to enter into a subdivision agreement as described in Section 16.04.280 of this title, which agreement shall contain such provisions as are necessary to satisfy the conditions, if any, imposed by the board’s approval.

E. Nothing herein shall prevent the commission or the board from holding a public hearing on the application, if deemed necessary or desirable by the board or commission. Further, any hearing or public hearing may be continued for a reasonable period of time at the discretion of the board or commission. (Ord. 3-98 (part))

16.04.903 Final plat.

Upon approval of the application for subdivision exemption, the applicant shall furnish the town with:

1. A final plat which meets the requirements of Sections 16.04.410 through 16.04.440 of this chapter;

2. Engineered plans and cost estimates or other information required by the board in its approval of the application.

The final plat shall contain those certifications in appendices to Chapter 16.04 as required for a final plat under Section 16.04.420(H), and the final plat shall state clearly that it is a subdivision exemption plat. The town clerk shall record the final plat pursuant to Section 16.04.290. (Ord. 3-98 (part))

16.04.904 Reliance.

Except for the final action of the board, no statement or act of any town employee or official or of the member of any board or commission during any discussions or procedures undertaken in connection with a subdivision exemption application shall bind the town in any way, and any person who expends time or funds in reliance on such statements or acts does so at his or her own risk. Neither the town nor the board shall be estopped to withhold or deny approval of a subdivision exemption application as a result of any such statements or acts. Further, no liability shall attach to the town, its boards or commissions, its employees, or anyone acting on its behalf by reason of any detrimental reliance by any person as a result of such statements or acts. (Ord. 3-98 (part))

16.04.905 Nonexclusive procedures.

If a subdivision exemption application is denied or approved with conditions not suitable to the applicant, the applicant may nevertheless submit and seek approval of an application for subdivision approval, without exemption, pursuant to this title. (Ord. 3-98 (part))

16.04.906 Compliance.

A. All property subdivided by exemption pursuant to this chapter shall be used in compliance with all applicable provisions of this code and all codes and standards adopted in this code, and with the conditions of approval, if any, imposed by the board including, by way of example and not by way of limitation, the condition that the exempted property shall be subject to and limited by the uses, densities and improvements approved by the board. If the conditions imposed by the board set more restrictive uses and limitations on the subject property than does this title, the conditions imposed by the board shall control;

B. An applicant dissatisfied with such conditions may withdraw or abandon the subdivision exemption application at any time before or after the board’s final action; provided, however, that such withdrawal or abandonment shall not release the applicant from the obligation to pay all town fees and charges in connection with the application required under this code; and

C. An applicant shall submit a complete application, in addition to a fee of two hundred and fifty dollars, prior to town staff’s review of any exemption application. In addition, the applicant shall submit a fifteen percent administrative fee based on the total of all consultant charges for the review of the subdivision exemption. (Ord. 4-01 (part))

16.04.907 Lot line and boundary adjustments.

Except as specifically provided in subsection B of this section, boundaries between contiguous lots may be modified, adjusted or otherwise amended so long as no additional lots are created thereby. Any boundary adjustment shall be subject to the town’s review and approval according to the following procedures:

A. A property owner seeking the adjustment or removal of a lot line shall obtain from the town planner a boundary adjustment application, which shall be available at the town hall during regular office hours. Requirements for the lot line adjustment or boundary adjustment shall be included on the application. Applications shall be accompanied by a fee of two hundred and fifty dollars. In addition, the applicant shall submit a fifteen percent administrative fee based on the total of all consultant charges for the review of the lot line or boundary adjustment.

B. If an application is approved, the application and a final plat of the affected lots shall be submitted to the commission chairperson for approval. The town clerk shall record the plat within thirty days of the date of approval. Anyone aggrieved by the decision must appeal, if at all, to the commission in writing within thirty calendar days of the decision’s issuance. If appealed, the commission chairperson shall schedule the matter for the commission’s review at its next regular meeting which is more than fourteen days from the town’s receipt of the letter of appeal. Any applicant may also file an application for subdivision exemption under Sections 16.04.900 et seq., if the application for boundary adjustment is denied.

C. An application for a boundary adjustment shall not be subject to administrative review under this section if any of the following circumstances exist:

1. The boundary adjustment would result in the creation of a lot or lots, the development of which, by necessity, would require a zoning variance;

2. The boundary adjustment would result in the creation of a lot or lots which could not be developed under the regulations as set forth in this title or Title 17 (Zoning) of this code;

3. The boundary adjustment would result in the creation of any additional lot or lots capable of separate ownership and development under the provisions of this code;

4. The boundary adjustment would result in the creation of a lot or lots which would require a zoning variance because a nonconforming use for existing structures results or because of the proposed lot dimensions or other lot and block design standards;

5. The boundary adjustment would result in the creation of a lot or lots in a residential zone district on which the owner could construct more residential dwelling units after the boundary adjustment than previously were allowed;

6. The boundary adjustment would result in the encroachment of a building.

D. The final plat of the affected lots referenced in subsection B of this section shall be entitled “Property Boundary Adjustment Plat,” and shall contain a legal description of the property affected and the following certificates appended to this chapter: Attorney’s Certificate, Certificate of Dedication and Ownership, Clerk and Recorder’s Certificate, Planning Commission Certificate, Surveyor’s Certificate and County Surveyor’s Certificate. Any plat under this section shall also contain the following certificate indicating administrative approval of the boundary adjustment:

TOWN OF SILT STAFF CERTIFICATE

THIS PLAT, APPROVED BY THE STAFF OF THE TOWN OF SILT, GARFIELD COUNTY, COLORADO THIS ___ DAY OF ______ A.D. 20__, ACCORDING TO CRITERIA SET FORTH IN SECTION 16.04.907 OF THE SILT MUNICIPAL CODE, FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE TOWN OF SILT THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISION THAT APPROVAL IN NO WAY OBLIGATES THE TOWN OF SILT FOR THE FINANCING OR CONSTRUCTING OF IMPROVEMENTS ON LAND, PUBLIC HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF TRUSTEES OF THE TOWN OF SILT, AND FURTHER THAT APPROVAL SHALL IN NO WAY OBLIGATE THE TOWN OF SILT FOR MAINTENANCE OF STREETS AND UTILITIES DEDICATED TO THE PUBLIC UNTIL CONSTRUCTION OF IMPROVE-MENTS THEREON HAVE BEEN COM-PLETED TO THE SATISFACTION OF THE BOARD OF TRUSTEES OF THE TOWN OF SILT.

Staff, Town of Silt, Colorado

By: ______________________

Town Administrator

WITNESS MY HAND AND SEAL OF THE TOWN OF SILT, COLORADO

Attest: ______________

Town Clerk

(Ord. 4-01 (part))

16.04.908 Town fees and charges.

The applicant for a subdivision exemption, boundary adjustment or any other action under this chapter shall be responsible for all fees and charges incurred by the town in connection with such application, including but not limited to legal fees, planner fees, engineering fees, and filing or recording fees. (Ord. 3-98 (part))

16.04.909 Replat--Conditions.

Replatting procedures are available only under the following circumstance: The replatting does not involve the creation of an increase in number or type of approved units per lot; and also involved is one of the following:

A. The relocation or adjustment of lot lines; or

B. The consolidation of lots; or

C. The reversion of common open space to yards and vice versa within multifamily lot subdivisions; or

D. The addition of a strip or parcel of land to an existing lot. (Ord. 12, Series of 1982 § 3.05.01)

16.04.910 Final replat--Submittal for planning commission action.

The replatter shall initiate the consideration for any proposed replat by submitting to the town planner a final replat map of the proposed subdivision with all plans and information as specified under Section 16.04.920. (Ord. 12, Series of 1982 § 3.05.02)

16.04.915 Final replat--Presentation before planning commission.

The town planner shall schedule a presentation by the replatter of the final replat map at a public hearing to be held before an official meeting of the town planning commission at the earliest possible scheduling. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the town, such publication to occur at least five days prior to such hearing. The town planner shall confer with appropriate review agencies and shall submit to the planning commission written comments and recommendations prior to or at the scheduled planning commission meeting. The planning commission shall recommend approval, conditional approval, or disapproval of the final replat map, and such action shall be reflected on the minutes of the meeting of the planning commission. (Ord. 12, Series of 1982 § 3.05.03)

16.04.920 Final replat--Requirements.

Eighteen copies of the final replat map shall be submitted. The final replat map shall be drafted in a legible form with black waterproof ink on a permanent reproducible material, such as mylar, on a sheet or sheets measuring twenty-four inches by thirty-six inches with clear margins measuring at least two inches on the left-hand side and at least one-half inch on the remaining sides. Where multiple sheets are necessary to depict the total filing, the vicinity map, legal description of the tract boundary, a key map to sheet location, and all certifications and dedications need appear only on the title or cover sheet. The final replat map shall be drafted to a scale of no more than one hundred feet to the inch. The final replat map shall adhere to the format and include information as follows:

A. Tract and lot boundaries in solid lines; easements or other right-of-way lines in dashed lines; and lot boundaries with accurate dimensions to the nearest 0.01 foot. Bearings or deflection angles, arc lengths, chord distances and central angles on all curves. Each lot shall be numbered and the dimensions and area of each lot shall be shown. Widths and dimensions of all easements, rights-of-way and private lanes shall be indicated;

B. All surveying data shall be tied to primary control points, the locations and description of these control points being indicated. The location and description of all property monuments on the subdivision shall be indicated. Such monuments shall be placed in conformance with the standards specified in Section 16.04.760;

C. A legal description of the property;

D. Name of subdivision replat, basis of bearing, north arrow, graphic scale, and date of survey;

E. Vicinity map at a scale of one inch equals one thousand feet and including section lines and township and range lines where applicable;

F. Name and address of owners of record, and mortgagee, if any;

G. Total acreage of the replat; total number of lots or parcels being considered;

H. Protective covenants where applicable;

I. Public, private or common areas and the purpose for any public dedication;

J. Total number of proposed dwelling units;

K. Existing zoning and all existing buildings;

L. A provision for sufficient off-street parking;

M. A certificate of dedication of ownership (see Appendix A);

N. Title company or attorney’s certificate (see Appendix B)

O. Surveyor’s certificate (see Appendix C). The certificate shall be signed by a land surveyor licensed in the state of Colorado responsible for the survey and final replat map preparation;

P. An approval certificate for the town board (see Appendix E);

Q. The recorder’s certificate. (Ord. 12, Series of 1982 § 3.05.04)

16.04.925 Final replat--Supplemental requirements.

The town board or town planner in its or his discretion may require that any or all of the following supplemental material identified in the following enumerated sections of these subdivision regulations be submitted with the final replat map:

A. Section 16.04.340, a plot plan where applicable; or other information such as floodplain study, private lane engineering data, landscaping plan, or soil stabilization plan;

B. Section 16.04.360, physical information;

C. Section 16.04.370, grading and drainage plan;

D. Section 16.04.380, utility plan;

E. Section 16.04.390, water rights information. (Ord. 12, Series of 1982 § 3.05.05)

16.04.930 Final replat--Waiver of subdivision regulations.

Provided all terms and conditions of Sections 16.04.905 through 16.04.950 are met by the replatter, all other provisions and requirements of the town, are waived and the replatter is exempt from complying therewith. Furthermore, the board may, in any particular replat procedure, waive any of the specific requirements of Sections 16.04.905 through 16.04.950 provided the minutes of the board meeting reflect the specific reasons for such waiver and contain the board’s finding that the purposes of Sections 16.04.905 through 16.04.950 have otherwise been satisfied. The approval certificate of the town board as set forth on the final plat prepared and submitted pursuant to Sections 16.04.905 through 16.04.950 above, may contain an appropriate reference to such waiver from further subdivision requirements. (Ord. 12, Series of 1982 § 3.05.06)

16.04.935 Final replat--Board approval.

The board, at a regular meeting scheduled no more than forty days following the planning commission hearing, shall review the final replat map and any accompanying documents and shall approve them, reject them or approve them upon additional conditions. If the replatter wishes to proceed upon conditional approval, the replatter shall meet and incorporate in his revised final replat map and accompanying documents all such conditions and shall resubmit such documents to the town planner within thirty days of the board’s meeting at which conditional approval was granted; otherwise, the replatter shall be deemed to have withdrawn his application for replat approval and the replat procedures shall terminate. (Ord. 12, Series of 1982 § 3.05.07)

16.04.940 Replatting flow chart.

STEP 1
Final Replat Map Staff Review	Final Replat Map Planning Commission Review (Public Hearing)
STEP II
Final Replat Map Town Board Action

The replat map must be filed in the office of the Garfield county recorder within thirty days following the date the proper town officials have signed such map. (Ord. 12, Series of 1982 § 3.05.08)

16.04.945 Review fees.

A. A fee of two hundred and fifty dollars shall be submitted with each application for a replat or resubdivision. The application shall be on a form provided by the town.

B. The applicant for replat or resubdivision or any other action under this chapter shall be responsible for all fees and charges incurred by the town in connection with such application, including, but not limited to, legal fees, planning fees, engineering fees, and filing or recording fees. In addition, the applicant shall submit a fifteen percent administrative fee based on the total of all consultant charges for the review of the replat or resubdivision. (Ord. 4-01 (part))

16.04.950 Certificate of occupancy.

No certificate of occupancy shall be issued for a multifamily building until Sections 16.04.500 and 16.04.520 have been fully complied with. (Ord. 12, Series of 1982 § 3.05.10)

APPENDICES TO CHAPTER 16.04

A. Certificate of Dedication and Ownership.

KNOW ALL MEN BY THESE PRESENTS that _______________being sole owner(s) in fee simple of all that real property described as follows: (insert full legal description) and containing ______ acres, more or less; have by these presents laid out, platted and subdivided the same into lots and blocks as shown hereon and designate the same as ________________ _________ in the Town of Silt, County of Garfield, State of Colorado, and do hereby grant to the Town of Silt, Colorado, for public use the streets shown hereon including avenues, drives, courts, places and alleys, the public lands shown hereon for their indicated public use and the utility and drainage easements shown hereon for utility and drainage purposes only; and do further state that this subdivision shall be subject to the protective covenants filed and recorded for this subdivision in the office of the Clerk and Recorder of Garfield County, Colorado as Reception No. __________.

EXECUTED this ____ day of _______, A.D. 19____.

Owner(s) ____________________

____________________

STATE OF COLORADO )

COUNTY OF GARFIELD ) SS.

The foregoing Certificate of Dedication and Ownership was acknowledged before me this _________ day of ___________, A.D. 19____, by ________________

My commission expires:

___________________________________

WITNESS MY HAND AND SEAL

___________________________

Notary Public

(Ord. 15, Series of 1979 Appendices (A)).

B. Title Insurance Company or Attorney’s Certificate.

________________ does hereby certify that ________________________ has examined the title to all lands herein dedicated and shown upon this plat and title to such land is in the dedicator free and clear of all liens, taxes and encumbrances, except as follows: _____________________________________________________________________

(Ord. 15, Series of 1979 Appendices (B)).

C. Surveyor’s Certificate.

I, ________________, do hereby certify that I am a registered land surveyor licensed under the laws of the State of Colorado, that this plat is a true, correct and complete plat of the __________________________________________________ as laid out, platted, dedicated and shown hereon, that such plat was made from an accurate survey of said property by me or under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land.

In witness whereof I have set my hand and seal this _________ day of _____________, A.D. 19______.

___________________________

Registered Land

Surveyor No. ________

(Ord. 15, Series of 1979 (Appendices (C)).

D. Planning Commission Certificate.

This plat approved by the Planning and Zoning Commission of the Town of Silt, Colorado this _________ day of _________, A.D. 19______.

__________________

Chairman

(Ord. 15, Series of 1979 Appendices (D)).

E. Board of Trustees Certificate.

This plat approved by the Board of Trustees of the Town of Silt, Colorado this ________ day of ___________, A.D. 19____, for filing with the Clerk and Recorder of Garfield County, Colorado and for conveyance to the Town of Silt of the public dedications shown hereon; subject to the provision that approval in no way obligates the Town of Silt for financing or construction of improvements on lands, streets or easements dedicated to the public except as specifically agreed to by the Board of Trustees and further that said approval shall in no way obligate the Town of Silt for maintenance of streets and utilities dedicated to the public until construction of improvements thereon shall have been completed to the satisfaction of the Board of Trustees.

Town of Silt

By: _________________

Mayor

Witness my hand and seal of the Town of Silt, Colorado

Attest: _________________

Town Clerk

(Ord. 15, Series of 1979 Appendices (E)).

F. Exemption Certificate.

This plat approved by the Board of Trustees of the Town of Silt, Colorado this ________ day of ________________, A.D. 19________. The filing with the Clerk and Recorder of Garfield County, Colorado, of this plat in no way implies that the information shown hereon is true and accurate but does indicate that this plat is exempt from and not subject to regulation under Town of Silt subdivision regulations at the time of its filing. The town accepts the public dedications shown hereon, provided that such acceptance and the approval of this plat in no way obligates the Town of Silt for financing, construction or maintenance of improvements on lands, streets, or easements dedicated to the public except as otherwise specifically agreed to by the town.

___________________

Mayor

Witness my hand and seal of the Town of Silt, Colorado

Attest:___________________

Town Clerk

(Ord. 15, Series of 1979 Appendices (F)).

G. Limited Approval. The foregoing Appendices are approved for content and form only and not the accuracy of surveys, calculations and drafting pursuant to C.R.S., 38-51-101 et seq. (Ord. 14-95, Appendix G)

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