Highlighted below: 33 of 44 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.
Article 17. - Subdivision Regulations#
Sec. 17-1. - Minimum requirements—Conformance required.#
(a) The regulations set forth in this Chapter shall be held to be minimum requirements for the subdivision of any lot, tract or parcel of land. Any and all such subdivisions shall be submitted in the form of plats or plans to the Planning Commission and City Council for their approval or disapproval. The dedication to public use of any street, utility system or site shall also be governed by these regulations. No final plat on a subdivision shall be approved and accepted by the City Council unless it conforms to the provisions of this Chapter.
(b) Any application to subdivide a parcel of land zoned commercial, industrial or multi-family residential and containing five (5) or more acres shall be accompanied by an application for a PUD as required by Subsection 16-621(c) of this Code and shall meet all design standard requirements set forth in Chapter 16 of this Code.
(Prior code 16.04.010; Ord. 490 §1, 1997; Ord. 544 §1, 2000; Ord. 781 §2, 2014; Ord. No. 796, § 3, 7-13-2015; Ord. 986 §1, 2025)
Sec. 17-2. - Territory.#
The territory within which these regulations are applicable shall include all land located within the legal boundaries of the City, and all land located within three (3) miles of the corporate limits of the City and not located in any other municipality for purposes of control with reference to the plan for major streets only.
(Prior code 16.04.020)
Sec. 17-3. - Subdivision or development of property fees.#
Each person proposing to subdivide or develop property in the City shall pay fees in the amounts established from time to time by resolution of the City Council. Such fees shall be in amounts sufficient to defray the City's administrative, planning, engineering, legal and other costs associated with the subdivider's or developer's proposal.
(Ord. 409 §24, 1991; Ord. 468 §1, 1995; Ord. 480 §3, 1996)
Sec. 17-4. - Design standards and specifications.#
The City Council shall have the authority to adopt by resolution, and amend from time to time, such requirements and specifications for the construction of public improvements as it deems necessary to provide for the design and installation of public improvements and facilities, including but not limited to, streets and roadways, water and sewer lines and other utility lines and drainage facilities.
(Ord. 468 §1, 1995; Ord. No. 796, § 4, 7-13-2015)
Article II. - Subdivision Plat Approval#
Sec. 17-5. - Marketing or sale of land before plat approval prohibited - Penalty.#
(a) Unless prior written approval is granted by the City to market lots in an unapproved subdivision, no person, being the owner or the agent of the owner of any land located within the legal boundaries of the City, shall advertise or hold out to an individual buyer as a subdivided lot any parcel of land not subdivided under the requirements of this Chapter, nor shall any land be advertised or otherwise held out or offered for sale to an individual buyer with reference to a plat until such plat has been approved in writing as provided in this Chapter.
(b) No person shall sell, exchange or offer for recordation land required to be subdivided under this Article, or offer for recordation any deed conveying a parcel of land, unless a subdivision plat has been recorded in accordance with the provisions of this Chapter.
(c) Violation of any provision of this Chapter shall be subject to the general penalty outlined in Section 1-70 of this Code. Each day that a violation of this Chapter continues shall constitute a separate and distinct offense.
(d) In addition to any other remedy available pursuant to statute, ordinance or other law, the City may enjoin the transfer, sale or agreement to sell by action for injunction brought in any court of competent jurisdiction.
(e) The provisions of this Section shall not apply to transactions where all parties to transaction are business entities registered with the secretary of state of the state of Colorado.
(Ord. 526 §1, 1999)
Sec. 17-6. - Withdrawal of pending application.#
(a) Except as provided in Section 17-7 of this Code regarding inactive applications, only the applicant may withdraw an application filed pursuant to this Chapter. The applicant shall request the withdrawal in writing, and after receipt of such written request, the City shall take no further action on the application. To re-initiate review after withdrawal, the applicant must resubmit the application, which in all respects shall be treated as a new application for all purposes.
(b) Withdrawal of an application the public hearing for which has been included on an agenda posted for a public meeting shall be discretionary with the decision-making body.
(Ord. 937, §5, 2023)
Sec. 17-7 - Inactive applications.#
(a) An application filed pursuant to this Chapter shall be considered inactive if, at any point during the review process:
(1) The City has notified the applicant or its consultant that additional or corrected materials are required, and the applicant has not submitted such materials or responded to such request within ninety (90) days following such notification; or
(2) An applicant has not agreed to a date for a required meeting or public hearing before any decision-making body; or
(3) Has otherwise not taken other affirmative steps within a reasonable timeframe that are necessary to advance the application for a final determination.
(b) Upon a determination by the City that an application is inactive, the City shall provide the applicant written notice that if such inactivity is not cured within thirty (30) days no further processing of the application shall occur and the inactive application shall be considered automatically withdrawn. Any re-submittal of the application thereafter by the applicant will be treated as a new application for all purposes.
(Ord. 937, §6, 2023)
Sec. 17-8. - Notice of public hearings.#
(a) The City shall provide notice of the time, date, and subject matter of every public hearing required by this Chapter by publication in a newspaper of general circulation within the City at least fifteen (15) days prior to the public hearing.§ Such published notice shall be considered jurisdictional, and failure to publish notice of the public hearing shall cause the public hearing to be vacated.
(b) In addition to the published notice required by subsection (a) of this Section, additional notice of public hearings as set forth in this subsection (b) shall be provided for each public hearing held pursuant to this Chapter. The notice provided pursuant to this subsection is not jurisdictional, and minor defects in the notice shall not impair the notice or invalidate any proceedings under the notice of a bona fide attempt has been made to comply with the notice requirements.
(1) The City shall post notice of the public hearing on the property that is the subject of the public hearing at least fifteen (15) days prior to the public hearing. The City shall determine the appropriate number, size, location, and content of the posted notice, and shall take reasonable efforts to assure the posted signs remain on the site, in good condition to maintain legibility, during the posting period.
(2) No later than fifteen (15) days prior to the public hearing, the applicant shall mail notice of the public hearing to all property owners located within five hundred (500) feet of the subject property.§ As a condition of approval of any application for which a public hearing is held pursuant to this Chapter, the applicant shall provide a written affidavit that notice required by this subsection (b)(2) was provided, on a form to be provided by the City.
(Ord. 937, §10, 2023)
Article 17 - Definitions#
Sec. 17-20. - Application.#
Application means and includes all forms, fees, maps, plats, data, studies, reports, and other documents required to be submitted to obtain an approval pursuant to any provision of this Chapter.
(Ord. 937, §8, 2023)
Sec. 17-20.5. - Block.#
Block means a parcel of land bounded on all sides by a street or streets.
(Prior code 16.08.010; Ord. 937, §7, 2023)
Sec. 17-21. - Comprehensive Plan.#
Comprehensive Plan means a plan for guiding and controlling the physical development of land use and circulation facilities in the City and any amendment or extension of such a plan.
(Prior code 16.08.020)
Sec. 17-22. - Consumer.#
Consumer means any person contacted as a potential purchaser, lessee or renter as well as one (1) who actually purchases, leases or rents property in the subdivision.
(Prior code 16.08.030)
Sec. 17-23. - Dedication.#
Dedication means a grant by the owner of a right to use land to the public in general, involving a transfer of property rights and an acceptance of the dedicated property by the appropriate public agency.
(Prior code 16.08.040)
Sec. 17-24. - Easement.#
Easement means a dedication of land for a specified use, such as providing access for maintenance of utilities.
(Prior code 16.08.050)
Sec. 17-25. - Lot.#
Lot means a parcel of land intended for transfer of ownership or building development, having its full frontage on a public street.
(Prior code 16.08.060)
Sec. 17-26. - Person.#
Person means an individual, partnership, corporation, association, unincorporated organization, trust or any other legal or commercial entity including a joint venture or affiliated ownership. Person also means a county or state agency and other governmental entities, however, excludes the City.
(Prior code 16.08.070; Ord. 374 §1, 1990)
Sec. 17-27. - Plat.#
Plat means a map, drawing or chart upon which the subdivider presents proposals for the physical development of a subdivision, and which the subdivider submits for approval and intends to record in final form.
(Prior code 16.08.080)
Sec. 17-28. - Reservation.#
Reservation means a legal obligation to keep property free from development for a stated period of time, not involving any transfer of property rights.
(Prior code 16.08.090)
Sec. 17-29. - Right-of-way.#
Right-of-way means the width between property lines of a street.
(Prior code 16.08.100)
Sec. 17-30. - Street.
Street means a way for vehicular traffic, further classified and defined as follows:
(1) Arterial streets are those which permit the relatively rapid and unimpeded movement of large volumes of traffic from one (1) part of the community to the other.
(2) Collector streets are those which collect traffic from minor streets and carry it to arterial streets or to local traffic generators such as neighborhood shopping centers and schools. Collector streets include the principal entrance streets to a residential development, those linking such adjacent developments, and those streets providing circulation within such developments.
(3) Minor streets are those used primarily for direct access to properties abutting the right-of-way. Minor streets carry traffic having an origin or destination within the development and do not carry through traffic.
(Prior code 16.08.110)
Sec. 17-31. - Subdivider or developer.
Subdivider or developer means any person, individual, firm, partnership, association, corporation, estate, trust or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as defined in this Article, including any agent of the subdivider.
(Prior code 16.08.120)
Sec. 17-32. - Subdivision.
(a) Subdivision is a division of a lot, tract or parcel of land into two (2) or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes redivision and where appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
(b) The definition of subdivision shall not include the following:
(1) Any division of a tract of land which creates parcels of land each of which comprise thirty-five (35) or more acres of land, none of which is intended for use by multiple owners, where such subdivision does not involve the creation of any new streets or easements of access as may be determined by the City Council;
(2) Any division of land to heirs through an estate proceeding;
(3) Unless for the purpose of sale or building development, any transfer of a part of another lot or parcel for the purpose of enlarging an existing lot or parcel which does not create an additional lot;
(4) Any division of land by the foreclosure of a deed of trust; or
(5) Any division of land for the purpose of providing to the City, whether by sale and purchase, dedication or any other method of conveyance, right-of-way for the widening or other improvement of the City streets.
(c) Included in the definition of subdivision are mobile home parks and subdivisions where applicable.
(Prior code 16.08.130; Ord. 224 §1, 1980; Ord. 490 §2, 1997)
Sec. 17-33. - Minor subdivision. Minor subdivision means a subdivision of four (4) or fewer lots which does not require waivers of the subdivision regulations.
(Ord. 425 §1, 1993)
Sec. 17-50. - Pre-application procedure. (a) Prior to the filing of application for approval of a preliminary plat, the subdivider may, at its option, submit to the Planning Commission an outline development plan as specified in Section 17-70. This procedure shall not require formal application, fee or filing of plat with the Planning Commission.
(b) The Planning Commission shall review the outline development plan to determine its general acceptability and compliance with the objectives and standards of these regulations, and shall hold conference with the subdivider to discuss desirable modifications of the plan.
(Prior code 16.12.010)
Sec. 17-51. - Preliminary plat. (a) Upon formal application, the subdivider shall submit to the Community Development Director or their designee the proposed preliminary plat, together with supplementary material as specified in Section 17-71.
(b) Upon receipt of the preliminary plat, the Community Development Director or their designee shall transmit copies to public agencies having jurisdiction and utility companies, who shall examine the plat and report their recommendations thereon to the City.
(c) City staff shall review the preliminary plat for compliance with the regulations set forth in this Chapter and negotiate with the subdivider on the type and extent of improvements to be installed and on modifications deemed advisable.
(d) Within forty-five (45) days following the applicant responding to any comments of City staff, the Planning Commission shall hold a public hearing on the preliminary plat and supporting documents and shall recommend the City Council approve, approve with conditions, or deny the application. The City Council shall thereafter hold a public hearing on the preliminary plat and approve, approve with conditions, or deny the application. Notice of public hearings before the Planning Commission and City Council shall be provided pursuant to Section 17-8 of this Code.
(e) Conditional approval of the preliminary plat shall be deemed a tentative expression of approval of the general layout as submitted or modified pending approval of the final plat. Any conditions must be met before submittal of a final plat application.
(Prior code 16.12.020; Ord. 468 §1, 1995; Ord. 937, §23, 2023)
Sec. 17-52. - Final plat.
(a) A final plat, containing the information specified in Section 17-72, shall be submitted together with a written application for approval. Said final plat shall be submitted within twelve (12) months after approval of the preliminary plat; otherwise, such preliminary plat approval shall become null and void unless an extension of time is applied for and granted by the Planning Commission.
(b) The final plat as submitted shall conform substantially with the preliminary plat as approved, and may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. In the case of partial submission, the approval of the remaining portion of the preliminary plat shall automatically gain an extension of twelve (12) months before another phase of the plat must be submitted in final form.
(c) Following review at a public hearing, the Planning Commission shall recommend the City Council approve, approve with conditions, or deny the final plat application. The City Council shall thereafter hold a public hearing on the final plat and approve, approve with conditions, or deny the application. Notice of public hearings before the Planning Commission and City Council shall be provided pursuant to Section 17-8 of this Code. If the request for approval of the final plat is denied, the reasons therefor shall be stated in writing and a copy furnished to the subdivider.
(d) Within six (6) months of the effective date of the City Council resolution approving a final plat, final plat mylars and an executed subdivision agreement must be submitted to the City for recording and the Improvement Guarantee required by Chapter 17, Article 15 of this Code must be provided to the City. If timely submission of all items is not made, a public hearing will be scheduled before the City Council, at which hearing the City Council will reconsider its approval of the final plat. Written notice of such hearing shall be provided to the applicant and published as required by the Dacono Municipal Code. No extension of the time period set forth in this subsection (d) may be granted except by resolution adopted by the City Council.
(e) In the event of the phased development of a subdivision, the subdivider shall identify on the final plat all improvements proposed to be constructed with each proposed phase of the subdivision. Such improvements for each phase shall provide a proportionate share of all public improvements for the subdivision and shall provide for the adequate access and service to each individual phase. The Improvement Guarantee provided pursuant to Chapter 17, Article 15 of this Code shall include all improvements for all phases of the subdivision included within the final plat.
(Prior code 16.12.030; Ord. 468 §1, 1995; Ord. 904 §1, 2021; Ord. 937, §24, 2023)
Sec. 17-53. - Amendments to and modifications of a final plat.#
(a) Insignificant deviations from the approved plat are permissible and the Community Development Director may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on the conditions of a permit, plans, the approved use, the neighboring properties, the general public or those intended to occupy or use the proposed development, and it does not exceed the applicable zoning limits. Major modifications requiring formal amendments to the plat are any changes that exceed the limits of the zoning district, increase or decrease the density of the development or increase the number of platted lots. The Community Development Director will notify the Planning Commission and the City Council of insignificant deviations authorized. A determination by the Community Development Director of insignificance may be called up by the Planning Commission and the City Council.
(b) All other requests for changes to an approved plat will be processed as formal amendments. If such requests are required to be acted upon by the Planning Commission or City Council, new conditions may be imposed, but the applicant retains the right to reject such additional conditions by withdrawing his or her request for an amendment.
(c) The Community Development Director shall determine whether amendments to and modifications of the final plat fall within the categories set forth above and shall advise the Planning Commission and City Council. Both the Planning Commission and the City Council reserve the right to call any amendment up for review.
(d) An applicant requesting approval of changes shall submit a written request for such approval to the Community Development Director, and that request shall identify the changes. Approval of all changes must be given in writing.
(Ord. 614 §1, 2003; Ord. No. 844, § 1, 4-9-2018)
Sec. 17-70. - Outline development plan and data.#
The outline development plan and data shall contain the following information presented in generalized and schematic form:
(1) Location map. The location map shall be prepared on a published sheet map or zoning map and shall indicate clearly the relationship of the proposed subdivision to the surrounding area within one-quarter (¼) mile of the subdivision's boundaries. The map shall show existing development including major streets, existing public sewers, public water supply and storm drainage systems; major land use concentration; principal places of employment; and community facilities such as schools and parks. The location map shall include a title, scale, north arrow and date. Scale shall not be less than one (1) inch equals six hundred (600) feet.
(2) Sketch plan. The sketch plan may be a freehand drawing at suitable scale, not less than one (1) inch equals two hundred (200) feet, in a legible medium, and shall clearly show the following: the proposed layout of streets and lots in relation to topographic conditions and natural landscape features on the site; the proposed location and extent of major open spaces and public sites; general locations of utilities easements and installations; proposed land uses; and, if construction of buildings is proposed, indication of building types, with approximate location of major buildings exclusive of single-family residential dwellings.
(3) General development information. This information shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required in Paragraphs (1) and (2) of this Section, and shall include information on existing covenants and land characteristics, and information describing the development proposal, such as number of residential lots or dwelling units, typical lot width
Sec. 17-71. - Preliminary plats and data.#
Preliminary plats and data shall include the following information:
(1) Preliminary plat.#
The preliminary plat shall be drawn to scale, using a scale of not less than one (1) inch equals one hundred (100) feet.§ An electronic copy of the plat containing the following information shall be submitted:
| Item | Description |
|---|---|
| a. | Name of subdivision. |
| b. | Legal description of the subdivision. |
| c. | Names and addresses of subdivider, engineer, surveyor and owners. |
| d. | Date of preparation, scale and north arrow. |
| e. | Total acreage of subdivision. |
| f. | Location and dimensions of all existing streets, alleys, easements and watercourses within and adjacent to the subdivision and the names of such streets. |
| g. | Location and dimensions of all proposed streets, alleys, easements, lot lines and other areas to be reserved or dedicated for parks, schools or other public uses. |
| h. | Existing and proposed topography at two-foot intervals. |
| i. | Designation of areas subject to flooding, including floodplain, floodway and base flood elevations. |
| j. | Land Use Summary Table identifying total number of lots, lot sizes, table of outlots including dimensions, total acreage, and ownership, and tracts containing oil and gas facilities with the facility name(s) and API number(s) as designated by the Colorado Oil and Gas Conservation Commission. |
| k. | Proposed sites for multifamily, commercial, industrial, open space or other nonpublic areas. |
| l. | Vicinity map of the surrounding area within one (1) mile, showing streets and location of existing municipal boundary lines. |
| m. | Such additional information as may be required by the City in order to adequately describe proposed utility systems, surface improvements or other construction projects within the area to be subdivided, including proposed construction phasing plans. |
(2) Supporting documents.#
In addition to the preliminary plat, an electronic copy of each of the following supporting documents, designed to meet all applicable standards contained in Article 5 of this chapter, shall be submitted:
(Note: The text appears to be cut off at this point. The remaining content of subsection (2) is not provided in the source material.)
Chapter 17 - Subdivision Regulations (continued)#
Sec. 17-72. - Final plat and data.#
The final plat and supplementary data shall contain the following information:
(1) Final plat.#
The final plat shall be an engineering drawing prepared to normal engineering tolerances of accuracy with calculated rather than scale dimensions. The exterior lines of the final plat shall join or close and a boundary closure report shall be provided with the final plat application. The plat shall be drawn in permanent ink on a reproducible linen or Mylar with outer dimensions of twenty-four (24) inches by thirty-six (36) inches and shall be at a scale of one (1) inch equals one hundred (100) feet.§ The final plat may constitute the entire approved preliminary plat or any logical portion of the approved preliminary plat proposed for immediate recording. The final plat shall conform to the approved preliminary plat, shall include all changes and additions as required by the Planning Commission, and shall show the following:
a. Primary control points, or descriptions, and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred;#
b. Tract boundary lines, right-of-way lines of streets, easements and other right-of-way and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves. All dimensions, both linear and angular, shall be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). No final plat showing plus or minus dimensions will be approved;#
c. Total acreage and surveyed description of the subdivision;#
d. Name and right-of-way width of each street or other right-of-way;#
e. Location, dimensions and purpose of any easements;#
f. Numbers to identify each block, lot and/or site;#
g. [Content continues as per original text]#
Note: The preceding text appears to be a continuation of a prior section (Sec. 17-71) that was truncated at the beginning. The full text of Sec. 17-71 (which includes items (a) through (g) regarding preliminary plat requirements, including utility systems, drainage reports, construction plans, geologic and mining hazards reports, traffic impact analysis, soils and pavement design reports, methane gas assessments, covenants, rezoning applications, and additional information requirements) is provided below for completeness:
Sec. 17-71. - Preliminary plat and data. (Continued from prior section)#
...Chapter and contained in the City "Standards and Specifications for the Design and Construction of Public Improvements," as may be amended from time to time, shall be submitted:
a. Existing and proposed utility systems and grading plans.#
b. Phase II drainage report.#
c. Preliminary construction plans, prepared in accordance with the City's Standards and Specifications.#
d. Geologic and mining hazards report.#
e. Traffic impact analysis.#
f. Soils and pavement design report.#
g. The Community Development Director may require a methane gas assessment when records maintained by the Colorado Oil and Gas Conservation Commission reflect there has been a spill or leak at an oil and gas facility located on the property, or when there is other evidence of methane gas in the area.#
(i) The Dacono Standards and Specification for the Design and Construction of Public Improvements shall be followed for conducting the methane gas assessment.#
(ii) If qualifying levels of methane gas are present on site, mitigation measures are required following the requirements in the Standards and Specifications for the Design and Construction of Public Improvements.#
(3) Draft of proposed covenants, whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.#
(4) Application for rezoning, if required, for the development of the subdivision;#
(5) Such additional information as may be required by the Community Development Director in order to conduct a full and complete review and to determine that the subdivision is capable of being constructed without an adverse effect on the surrounding area.#
(Prior code 16.16.020; Ord. 468 §1, 1995; Ord. 903 §1, 2021)
g. Purpose for which sites, other than residential lots, are dedicated or reserved;
h. Location and description of all monuments, both found and set;
i. Names of record owners of adjoining unplatted land;
j. Reference to recorded subdivision plats of adjoining platted land by record name, date and number;
k. Signature and seal of registered land surveyor certifying to the accuracy of the survey and plat, including a statement explaining how bearings, if used, were determined;
l. Signature block for certification of approval by the Planning Commission and City Council, with signatures by the chairman of the Planning Commission and the Mayor;
m. Certification that the applicant is the land owner;
n. Statement by the land owner dedicating streets, rights-of-way, easements and public sites;
o. Scale, north arrow and date;
p. Land Use Summary Table identifying total number of lots, lot sizes, table of outlots including dimensions, total acreage, and ownership, and tracts containing oil and gas facilities, including plugged and abandoned facilities, with the facility name(s) and API number(s) as designated by the Colorado Oil and Gas Conservation Commission and such other information as the Community Development Director may require.
(2) Other documents required at the time of submission of the final plat shall be as follows:
a. Complete engineering plans and specifications for all public facilities to be installed, including water and sewer utilities, streets and related improvements, bridges and storm drainage, shall be designed to meet the City "Standards and Specifications for the Design and Construction of Public Improvements," as may be amended from time to time;
b. Agreements made with ditch companies when needed;
c. An improvement guarantee meeting the requirements of Chapter 17, Article 15 of this Code;
d. Protective covenants in form for recording; and
e. Such other information and documents as may be required by the Community Development Director.
(Prior code 16.16.030; Ord. 468 §1, 1995; Ord. 904 §2, 2021)
ARTICLE 5 - Plat Design Requirements
Footnotes: --- (1) --- Editor's note— Ord. No. 796, § 2, adopted July 13, 2015, changed the title of Art. 5 from "Design Standards" to read as herein set out.
Sec. 17-90. - General site considerations. (a) A proposed subdivision shall dedicate adequate street rights-of-way, utility easements and open spaces for schools and recreation areas.§
(b) A proposed subdivision shall not, by reason of its location or design, cast an undue burden on public utility systems and community facilities on or adjacent to the tract. Where extension and enlargement of public utility systems and community facilities is necessary, the subdivider shall make provision to offset higher net public cost or earlier incursion of public cost necessitated by the subdivision. Due consideration shall be given to the difference between anticipated public costs of installation, operation and maintenance and anticipated public revenue derived from the fully developed subdivision in determining added net public cost.
(c) No land shall be subdivided in areas where soil, subsoil or flooding conditions are a potential danger to health and safety.
(d) Drainage areas wherever possible shall be left in a natural state, and no encroachment shall be made on the natural channel.§ A plan to prevent water pollution shall be submitted and adhered to wherever any modification of topography is required during construction.
(e) Provision shall be made to preserve groves of trees, streams, unusually attractive topography and other desirable natural landscape features. Provision shall be made for the perpetual maintenance of such features through private covenants or other means acceptable to the Planning Commission and City Council.
(f) A proposed subdivision shall be designed in such a manner as to be coordinated with adjoining subdivisions with respect to the alignment of street rights-of-way and utility and drainage easements and open spaces.
(g) Where a subdivision borders a railroad right-of-way, freeway, arterial or collector street, a landscaped buffer area shall be provided for adequate reduction of noise.§ (Ord. 748 §1, 2010)
Sec. 17-91. - Streets. (a) Design. The "City Standards and Specifications for the Design and Construction of Public Improvements," as may be amended from time to time, shall be used for the design of all streets and other public improvements within the municipal limits.
(b) Street names. Names of new streets shall not duplicate names of existing streets, provided that new streets that are extensions of or are in alignment with existing streets shall bear the names of such existing streets.
(Ord. 748 §1, 2010)
Sec. 17-92. - Utility easements.
(a) Where necessary for installation and maintenance of utility systems, easements of at least ten (10) feet in width shall be reserved along rear lot lines, or at other locations which will not interfere with the location of buildings.
(b) Where a subdivision is traversed by a watercourse, drainageway or stream, there shall be provided a perpetual drainage easement conforming substantially with the lines of such watercourse, and of such width as necessary and adequate to carry off the predictable volume of stormwater drainage from a one-hundred-year frequency storm.
(c) In general, utility systems shall be arranged and located in such manner as to avoid cross-connections, minimize trenching and adequately separate incompatible systems.
(Ord. 748 §1, 2010)
Sec. 17-93. - Blocks.
(a) The lengths, widths and shapes of blocks shall be determined with due regard to the following:
(1) Provision of adequate building sites suitable to the special needs of the type of use contemplated;
(2) Requirements of the zoning ordinance as to lot sizes and dimensions;
(3) Needs for convenient access and control and safety of vehicular and pedestrian traffic circulation;
(4) Limitations and opportunities of topography.
(b) Maximum block length between intersecting streets shall be one thousand five hundred (1,500) feet.§
(Ord. 748 §1, 2010)
Sec. 17-94. - Lots.
(a) Lot size, width, depth, shape and orientation and minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated, and shall facilitate the placement of buildings with sufficient access, outdoor space, privacy and view.
(b) Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street parking, landscaping and loading areas required by the type of use and development contemplated.
(c) Corner lots for residential use shall have extra width to accommodate the required building setback line on both street frontages.
(d) Each lot shall be provided with satisfactory access to an existing public street.
(e) Double frontage and reverse frontage lots shall not be permitted except where essential to provide separation of residential properties from arterial streets or commercial uses or to overcome specific disadvantages of topography and orientation.
(f) A planting screen easement, across which there shall be no right of access, shall be provided along the property line of lots abutting an arterial street.§ A statement restricting access from individual lots to the arterial street shall be included with the final plat.
(g) Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
(Ord. 748 §1, 2010)
Sec. 17-95. - Setbacks to oil and gas operations.#
Each subdivision plat shall provide for the following setbacks from existing oil and gas facilities, including oil and gas facilities for which City approval has been granted pursuant to Chapter 16, Article 22 of this Code but which have not yet been constructed. For purposes of this Section, "building envelope" shall mean a defined portion of a lot within which a structure may be constructed.
(1)#
Lots shall not be platted within three hundred fifty (350) feet of an existing oil or gas well or its production facilities unless a building envelope meeting all setback requirements is shown on the plat, and which building envelope is more than three hundred fifty (350) feet from the well and its production facilities.
(2)#
Lots intended for use for a school, educational facility, hospital, playground or outdoor recreational amenity, nursing home or congregate care facility, or any assembly building (as defined in COGCC regulations) shall not be platted within three hundred fifty (350) feet of an existing oil or gas well or its production facilities unless a building envelope meeting all setback requirements is shown on the plat, and which building envelope is more than three hundred fifty (350) feet from the well and its production facilities.
(3)#
Streets shall not be platted within one hundred fifty (150) feet of an existing oil or gas well or its production facilities.§ The foregoing shall not apply to flowlines, which shall be subject to subsection (4) below.
(4)#
Any pipelines, flowlines, gathering lines, and crude oil transfer lines, as those terms are defined by the Colorado Oil and Gas Conservation Commission ("COGCC"), referred to herein collectively as "pipelines," within or traversing an area proposed for platting shall be placed in the center of a separate tract meeting all of the following requirements:
a.#
The tract shall be a minimum of thirty (30) feet wide.§
b.#
There shall be a minimum setback of ten (10) feet from the pipeline to the edge of the tract within which the pipeline is contained.§
c.#
No pipeline shall be placed within public rights-of-way, other public lands or lots intended for residential use. Streets may cross flowlines at right angles, or substantially at right angles as determined and approved by the City Engineer.
d.#
Building envelopes shall be shown on the plat for all lots adjacent to a tract containing a pipeline, limiting construction of structures within twenty-five (25) feet from the edge of a tract containing a pipeline.§
(5)#
Capped wellheads, mine shafts, and well and production sites that have been plugged, abandoned and reclaimed in accordance with state law and COGCC regulations shall be identified and be recorded and noted on the final plat. Such platting shall occur only after the completion of the abandonment and reclamation process, may not be accomplished by a lot boundary adjustment, and shall comply with the following standards:
a.#
Prior to submittal of a final plat, each plugged and abandoned well shall be located and surveyed. The plugged and abandoned well shall be permanently marked by a brass plaque set in concrete similar to a permanent bench mark to monument its existence and location. Such plaque shall contain all information required on a dry hole marker by the COGCC.
b.#
As a condition of review of any final plat that contains a plugged and abandoned well, or that is within two hundred (200) feet of a plugged and abandoned well, the applicant shall submit a location diagram of such plugged and abandoned well.
c.#
On every plat that contains a plugged and abandoned well, a well maintenance and workover setback shall be designated on the plat, the dimensions of which shall not be less
d. Streets may not be platted over plugged and abandoned wellheads or mine shafts.
e. A non-residential lot may contain a plugged and abandoned wellhead.
f. Residential lots one (1) acre or larger may contain a plugged and abandoned wellhead. Plugged and abandoned wellheads, and the well maintenance and workover setback required by Subsection b of this Section, shall not be located in single-family lots under one (1) acre in size.
g. Plugged and abandoned wellheads, and the required setback surrounding the abandoned wellhead, shall not be located in multi-family lots.
h. Plugged and abandoned wellheads and mine shafts shall be placed in a tract or tracts. The plugged and abandoned wellhead or mine shaft and required setback surrounding the plugged and abandoned wellhead or mine shaft may not be located in a park.
i. The minimum setback to mine shafts shall be twenty-five (25) feet.§
j. No utility lines shall be installed within ten (10) feet of any plugged and abandoned well.§
k. Every plat that contained a plugged and abandoned well shall include the following notation: "The property owner shall disclose to prospective purchasers of lots within a radius of two hundred (200) feet of the plugged and abandoned well of (1) the location of the plugged and abandoned well, (2) the location of the maintenance and workover setback, and (3) the purpose of the maintenance and workover setback."
l. As a condition of building permit review, no dwelling shall be constructed within fifty (50) feet of a plugged and abandoned well.§
(Ord. 748 §1, 2010; Ord. No. 861, § 1, 12-10-2018; Ord. 863 §1, 2019; Ord. 876 §4, 2019; Ord. 904 §3, 2021)
Sec. 17-96. - Development and design standards to accommodate existing oil and gas facilities and production facilities.#
(a)#
In a residential subdivision, all oil and gas facilities and associated production facilities, as defined in Section 16-522 of this Code, shall be placed in separate tracts that shall not be developed for residential purposes.
(b)#
In order to minimize the impact on streets and pedestrian paths and tracking of debris onto streets and pedestrian paths, subdivision design shall provide the following City requirements and improvements for access roads to oil and gas facilities and associated production facilities:
(1)#
Subdivision shall minimize the need for access roads to connect to streets with local street classifications.
(2)#
An access plan for the oil and gas facilities and production facilities shall be submitted to the City identifying if any local streets that will be impacted by oil and gas facility access needs. The streets identified shall be designed to address the weight load requirements of the vehicles accessing the oil and gas facilities and production facilities.
(3)#
The subdivider shall improve the well and production facilities access road from the point of connection to a street a minimum distance of two hundred (200) feet on the access road.§ The access road shall be improved as a hard surface (concrete or asphalt) for the first one hundred (100) feet from the street and then improved as a crushed surface (concrete or asphalt) for one hundred (100) feet past the hard surface in the appropriate depth to support the weight load requirements of the vehicles accessing the oil and gas facilities and production facilities.
(4)#
The City may require the subdivider to gate or restrict access, such as by use of bollards, to the access road to minimize unauthorized use of the access.
(5)#
If an access road intersects with a pedestrian trail or walk, the subdivider shall pave, as a hard surface (concrete or asphalt), the access road one hundred (100) feet either side of the trail or walk and if necessary, replace the trail or walk to address the weight load requirements of the vehicles accessing the oil and gas facilities and production facilities.
(6)#
Prior to the first public hearing to consider an application for a final subdivision plat, the subdivider shall provide evidence to the City that the operator of the oil and gas facilities has approved any change in access from that historically provided or used by the operator.
(c)#
Applications to subdivide property on which is located existing oil and gas facilities and associated above ground production facilities shall provide fencing to non-fenced wells and facilities or upgrade fencing for wells and facilities in conformance with the following requirements:
(1)#
Above ground oil and gas well facilities shall be fenced with steel fencing or Ameristar Impasses or Stronghold fencing or approved equivalent, as determined by the Community Development Director.
(2)#
The fencing color shall be bronze unless the Community Development Director approves black fencing.
(3)#
Prior to the first public hearing to consider an application for a final subdivision plat, the subdivider shall provide evidence to the City that the operator of the oil and gas facilities has approved the proposed fencing shown in the subdivision application.
(d)#
Applications to subdivide property on which is located existing oil and gas facilities and associated above ground production facilities shall provide screening by installing berming with landscaping when required by the City. Prior to the first public hearing to consider an application for a final subdivision plat, the subdivider shall provide
Sec. 17-97. - Accommodations for future oil and gas facilities.
(a) In a residential subdivision, sites where oil and gas facilities and associated production facilities that have been approved pursuant to Chapter 16, Article 22 shall be placed in a tract.
(b) Subdivision design shall address the following City requirements for future access roads and pipelines to future oil and gas wells and associated production facilities:
(1) Subdivision design shall minimize the need for future access roads to connect with local street classifications. If future access roads are designed to connect to local streets, then the local streets accessed shall be designed to address the weight load requirements of the vehicles accessing the well and production facilities.
(2) An access plan for the future oil and gas facilities, associated production facilities, and pipelines shall be submitted to the City. The access plan shall identify which local streets will be impacted by oil and gas facility access needs. The streets identified shall be designed to address the weight load requirements of the vehicles accessing the well and production facilities.
(3) The plat shall also identify routing of future pipelines so that appropriate tracts are shown on the plat to accommodate the pipelines. Pipelines shall not be located in residential lots.§ Tracts platted for future pipelines shall meet the requirements of Section 17-95(4) of this Code.
(4) Streets shall be platted so future pipelines will cross at a substantially right angle to the street.§
(Ord. No. 861, § 2, 12-10-2018; Ord. 904 §4, 2021)
Sec. 17-110. - General regulations.
(a) The subdivider shall enter into an agreement with the City to guarantee construction of all required improvements, including streets, curbs and gutters, driveways, sidewalks, storm drainage system, potable water system, streetlights and landscaping.
(b) Under such agreement, the subdivider shall post an improvement guarantee in favor of the City in accordance with the requirements of Article 15 of this Chapter.
(c) The improvements required by this Article shall be provided in each subdivision or development proposed and to the extent determined by the Planning Commission and City Council. Required improvements shall be designed in accordance with the detailed design standards and specifications deemed necessary by the City and shall be constructed in accordance with the approved plans and profiles and the construction requirements and specifications of the City.
(d) No improvements shall be made until all plans, profiles and specifications have been reviewed and approved by the City.
(Prior code 16.24.010; Ord. 468 §1, 1995; Ord. 732 §2, 2009)
Sec. 17-111. - Street improvements.#
(a) Grading. Street rights-of-way shall be graded as necessary to provide adequate surface drainage and convenient access to lots or sites.
(b) Pavement base. The pavement base shall be properly drained and constructed of suitable materials so as to support the contemplated traffic load.
(c) Pavement. Pavement shall be constructed of asphalt or concrete of sufficient thickness to support the contemplated traffic load. Streets shall be paved to the widths required under Paragraph 17-71(4).
(d) Alleys. If alleys are provided, they shall be paved.
(e) Curbs and gutters. All streets shall be provided with concrete curbs and gutters for the pavement edging. Such curbs and gutters shall be designed as an integral part of the pavements.
(f) Driveways and accessways. Where appropriate to the type of development proposed, driveways or accessways shall be provided for vehicular access to each structure or parking or loading area. Driveways and accessways provided shall be of adequate width and constructed with suitable subgrade, base, drainage and surfacing to be durable under the use contemplated.
(g) Sidewalks and walkways. Sidewalks and walkways shall be provided where necessary or appropriate for the safety and convenience of pedestrians. Width of sidewalks shall be as specified in Subsection 17-71(d). Sidewalks and walkways shall be durably constructed, with all-weather surfacing, and shall be adequately lighted and maintained for the use contemplated.
(h) Street name signs. Easily legible street name signs shall be installed at street intersections or as necessary for convenient identification of streets.
(Prior code 16.24.020)
Sec. 17-112. - Utilities.#
(a) Storm drainage system.
(1) The storm drainage system shall consist of surface drainage structures, and, where appropriate to the type of development proposed, catchbasins and other underground drainage structures. The storm drainage system shall be of sufficient size and design to carry off all predictable surface water runoff within the subdivision or development, and stormwater drainage which enters the development from adjacent areas.
(2) Where deemed necessary by the Planning Commission and the City Council, catchbasins shall be provided at all low points, at street intersections and at intermediate locations as necessary to prevent overloading of the street gutters. Catchbasins provided shall be connected to collection mains of adequate size with outfalls approved by the Planning Commission.
(3) Storm drainage shall not be permitted to empty into any sanitary sewerage system.
(b) Sanitary sewerage system. The sanitary sewerage system shall be connected to an existing public sanitary sewer system and shall consist of a closed system of sanitary sewer mains and lateral branch connections to each structure or lot upon which a structure is to be built. The sanitary sewerage system shall be of sufficient size and design to collect all sewage from all proposed or probable structures within the subdivision or development.
(c) Potable water system. The potable water system provided shall connect to an existing public water system and shall consist of water mains directly connected to using structures by means of lateral branches. The water system shall be of sufficient size and design to supply potable water to each structure or lot upon which a structure is to be built.
(d) Fire hydrants. Fire hydrants shall be installed at street intersections and at other points as necessary to assure that no building is located more than five hundred (500) feet from the nearest fire hydrants§.
(e) Underground electric power and telephone distribution systems.
(1)
Sec. 17-112. - Utilities and street improvements.
(a) Electric power and telephone connections and wire shall be placed below the surface of the ground in raceways and conduits. Transformers, switching bases, terminal boxes, meters, cabinets, pedestal ducts and other facilities necessarily appurtenant to such underground connections shall not be located on power poles, but shall be placed on or under the surface of the ground, and where placed on the surface shall be adequately screened and fenced as necessary for safety and concealment.
(b) Electrical transmission and distribution feeder lines and communication trunk and feeder lines may be placed aboveground.
(c) Street lights. Ornamental street lighting and associated underground street lighting supply circuits shall be installed. The maximum requirement shall be seven thousand (7,000) lumen lamps at a maximum spacing of four hundred (400) feet.§ The street lighting plan specifying the number, kind and approximate location of street lights must be included on the final plat.
(d) Street trees. One (1) street tree of one and one-half (1½) inch caliper shall be provided for each lot of forty (40) foot frontage.§ For corner lots, at least one (1) tree shall be required for each street. The trees shall be located so as not to interfere with sight distance at driveways. The Planning Commission shall furnish a list of acceptable trees.
(Prior code 16.24.030; Ord. No. 862, § 1, 12-10-2018)
Sec. 17-113. - Reference monuments. Permanent reference monuments of stone or concrete, at least thirty-six (36) inches in length and six (6) inches square or round with suitable centerpoint, shall be located and placed within the subdivision or development as required by the City Council. Iron pin monuments at least twenty-four (24) inches long and flush with the surface shall be placed at all points on boundary lines where there is a change in direction, at all block and lot corners, and at other points as required by the City Council.
(Prior code 16.24.040)
Sec. 17-114. - Maintenance. Adequate provisions for the satisfactory maintenance of streets and utilities improvements, including easements, shall be made by dedication of such improvements to the City. Prior to acceptance by the City, the improvements to be dedicated shall be inspected and approved by the City Council.
(Prior code 16.24.050)
Sec. 17-130. - Dedication required.
(a) A party, person, firm, corporation or other association submitting a request to subdivide land located within the City, which land has been annexed prior to enactment of this ordinance, shall meet land or water dedication requirements as determined by the City Council at the time of subdivision. The petitioner shall reserve all land necessary to provide streets and roads to assure adequate circulation of vehicles and pedestrians within the land subdivided and to assure conformance with the existing street and road system of the City. The petitioner shall participate in improvement of streets which abut his or her property when a majority of the landowners fronting on said streets requests improvements or when a street improvement is required by the City.
(b) At the option of the City, the subdivider shall, in lieu of such conveyance of land, pay to the City in cash an amount equal to the value of the gross land area to be dedicated. The equivalent cash valuation, when acceptable, shall be based upon an appraisal by a competent, independent appraiser selected by the City and the subdivider. The proceeds of an equivalent payment shall be placed in a separate City account and shall be used only for the acquisition and improvement of land for public and civic use.
(Prior code 16.28.010; Ord. 224 §1, 1980)
Sec. 17-131. - Reservation permitted when.
(a) Reservation by covenant, in lieu of dedication, may be permitted in some cases such as a planned unit development where land is to be used for recreational or amenity purposes by the property owners.
(b) Reservation of land within a subdivision may be required for the duration of the preliminary plat approval in order to afford the appropriate public agency the opportunity to coordinate its acquisition of public land with the development of the subdivision. An agreement shall be entered into between the subdivider and the public agency regarding the timing and method of acquisition.
(Prior code 16.28.020)
Sec. 17-132. - Fair contributions for public school sites.
(a) For all subdivisions of land, the subdivider shall dedicate land for a public school site to the school district in which the property being subdivided is located (the "school district"), or in the event the dedication of land is not deemed feasible or in the best interest of the school district, as determined by the superintendent or designee of the school district, the subdivider shall make a payment in lieu of land dedication. The amount of such contribution of either land or payment in lieu of land (the "fair contribution for public school sites") shall be determined pursuant to the tables set forth in Subsection (e) below.
(b) The following uses shall be excepted from the fair contributions for public school sites requirements:
(1) Construction of any nonresidential building or structure;
(2) Alteration, replacement or expansion of any legally existing building or structure with a comparable new building or structure which does not increase the number of residential dwelling units;
(3) Construction of any building or structure for a limited term stay or for long-term assisted living, including but not limited to bed and breakfast establishments, boarding or rooming houses, family-care homes, group-care homes, halfway houses, hotels, motels, nursing homes or hospices; and
(4) Construction of any residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act, as amended.
(c) In the event the fair contribution for public school sites includes the dedication of land, the subdivider shall provide to the City, prior to recording of the final plat, proof that such dedication has been made to the School District in accordance
Section 17-132 (continued)#
(c) Requirements for School Site Dedication or Conveyance#
The following requirements shall apply to any dedication or conveyance of land to the School District:
(1) Title and Contract Requirements#
The subdivider has conveyed to the School District by general warranty deed title to the land slated for dedication, which title is free and clear of all liens, encumbrances and exceptions (except those approved in writing by the School District), including without limitation, real property taxes, which will be prorated to the date of conveyance or dedication. The subdivider shall also enter into a contract with the School District for the sale and purchase of real property containing customary terms for the land which is being conveyed to or purchased by the School District and provide the City a copy of such contract at or prior to the time the final plat is recorded. Such contract shall obligate the subdivider to provide access and utilities to the school site in accordance with Subsection (3) of this Section, and shall specify whether the subdivider or the School District will meet the City's raw water requirements in effect at the time the school site is developed by the School District; and
(2) Title Insurance#
At the time of conveyance, the subdivider has provided a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property; and
(3) Improvement Costs and Easements#
Arrangements have been made such that at the appropriate time, and not later than the issuance of the first building permit for the subdivision, the subdivider shall pay or provide for the payment of one-half (½) of street development costs, and shall either provide or pay or make provision for payment of the costs associated with making improvements for water, sewer and utilities stubbed to the dedicated land, and for overlot grading of the dedicated land. The subdivider shall also have furnished any off-site easements that the School District needs to develop the site.
(4) Location and Configuration#
The land being dedicated or conveyed to the School District shall be located and configured as directed by the School District.
(5) Water Rights Requirements#
The water rights requirement shall be calculated by the City based on the School District's proposed uses, and shall be satisfied by the School District prior to commencing development on the school site; provided, however, that the City shall at all times and as a condition of water service have the right to require the School District or its successors to dedicate additional water rights or, at the City's option, pay cash in lieu thereof, in the event actual water use on the property exceeds the estimated potable water demand, as was calculated by the City, or the actual use of the property differs from the School District's proposed use for which the water demand was initially calculated.
(6) Right to Purchase Adjacent Lands#
In addition to the land dedicated or conveyed, the subdivider shall provide to the school district the right to purchase lands adjacent at their fair market value so that the dedicated or conveyed and purchased lands together form a contiguous parcel which meets the school district's land area requirements as listed in the applicable Intergovernmental Agreement Concerning Fair Contributions for Public School Sites between the City and the school district, as the same may be from time to time amended. The school district shall have such first right to purchase adjacent lands for a period of three (3) years from the date of recording of the final plat, and for such additional period of time as may be agreed upon within any contract entered into between the school district and owner within such three-year period.
(d) Payment in Lieu of Land Dedication#
If the fair contribution for public school sites includes payment in lieu of the dedication of land, then prior to the issuance of any building permit for any residential dwelling unit in the subdivision not otherwise exempt under Subsection 17-132(b), the City shall be provided with proof that, for the lot for which the permit [text continues]
Sec. 17-170. - Procedure.
Application for variances or modifications of the regulations set forth in this Chapter shall be submitted to the Planning Commission and City Council as part of the subdivision application and shall be heard by the Planning Commission and City Council as part of the public hearing on the subdivision application. The applicant shall include a statement setting forth the nature and extent of the requested variance or modification, together with evidence supporting need for such variance.
(Prior code 16.36.010; Ord. 937, §25, 2023)
Sec. 17-171. - Criteria.
Where the Planning Commission and the City Council find that extraordinary hardships may result from strict compliance with the regulations set forth in this Chapter, it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variance is based on a finding that unusual topography or other exceptional conditions not caused by the subdivider made such variance necessary; and that the granting thereof will not have the effect of nullifying the intent and purpose of the regulations set forth in this Chapter.
(Prior code 16.36.020)
Sec. 17-172. - Conditions.
In granting variances and modifications, the Planning Commission and the City Council may require such conditions as will, in its judgment, secure substantially the objectives of the requirements and standards so varied or modified.
(Prior code 16.36.030)
Sec. 17-190. - Interpretation.
On the interpretation and application of the provisions of this Chapter, the following shall govern:
(1) The provisions contained in this Chapter shall be regarded as minimum requirements for the protection of the public health, safety and welfare.
(2) Whenever a provision of this Chapter and any provision in any other law of the City cover the same subject matter, whichever is the most restrictive or imposes the higher standard or requirement shall govern.
(Prior code 16.40.010)
Sec. 17-201. - Pre-application procedure. Prior to submitting a minor subdivision plat application, applicants are encouraged to schedule a pre-application conference with City representatives to review requirements relevant to the proposed subdivision.
(Ord. 425 §2, 1993; Ord. 986 §4, 2025)
Sec. 17-202. - Submittal requirements. (a) Plat: Final plat as required by Section 17-72 required to be drafted by a registered land surveyor.
(b) Title insurance commitment issued by a title insurance company, certified to a date not more than thirty (30) days prior to the submittal date, showing the name of the owner of the land and all other persons who have an interest in, or an encumbrance on, the property described on the plat.
(c) Closure sheets: One (1) copy of the computed closure for each of the subdivisions, computed on centerline data. One (1) copy of the computed square footage or acreage for each lot and tract within (prepared by a registered land surveyor).
(d) Letter of intent describing the proposed subdivision.
(e) An electronic version of the legal description in Word format, reflecting the same legal description as shown on the minor subdivision plat.
(f) Any other reports or documentation determined necessary by City staff.
(Ord. 425 §2, 1993; Ord. 986 §4, 2025)
Sec. 17-203. - Review and approval procedures. (a) Minor subdivision plats that comply with all applicable Code requirements and do not require a waiver or variance shall be approved administratively in writing by the Community Development Director, without public hearings before the Planning Commission or City Council.
(b) If one (1) or more waivers or variances is required for a minor subdivision plat, the Planning Commission shall hold a public hearing to review the application and shall report its findings and recommendations to the City Council for action. The City Council shall thereafter hold a public hearing on the application and by resolution approve, approve with conditions, or deny the application. Notice of public hearings before the Planning Commission and City Council shall be provided pursuant to Section 17-8 of this Code.
(Ord. 425 §2, 1993; Ord. 937, §26, 2023; Ord. 976 §4, 2025; Ord. 986 §4, 2025)
Sec. 17-204. - Signatures. (a) For minor subdivision plats approved administratively, the signatures of the Community Development Director and the City Manager shall be affixed to the plat.
(b) For minor subdivision plats approved by the City Council, the signatures of the Chairperson and Secretary of the Planning Commission, the Mayor, and City Clerk shall be affixed to the plat.
(Ord. 425 §2, 1993; Ord. 986 §4, 2025)
Sec. 17-205. - Recording procedures. (a) Within six (6) months of the effective date of the administrative approval or the City Council resolution approving a minor subdivision plat application, plat mylars and an executed subdivision agreement, if public improvements are required to serve the minor subdivision, must be submitted to the City for recording; the improvement guarantee required by Chapter 17, Article 15 of this Code must be provided to the City; and any raw water dedication requirements shall be satisfied in full.
(b) If all requirements set forth in Subsection (a) of this Section are not timely met:
(1) For administratively approved minor subdivision plats, the approval shall be considered abandoned and a new minor subdivision application must be submitted.
(2) For minor subdivision plats approved by the City Council, a public hearing will be scheduled for the City Council to reconsider its approval. Written notice of such hearing shall be provided to the applicant and published as required by Section 17-8 of this Code.
(c) An extension of the time period set forth in Subsection (a) of this Section may only be granted:
(1) In writing by the Community Development Director, for administratively approved minor subdivision plats; or
(2) By resolution of the City Council, for minor subdivision plats approved by the City Council.
(Ord. 425 §2, 1993; Ord. 986 §4, 2025)
Sec. 17-206. - Filing and recording fees. For City filing/processing fees, see Resolution No. 92-18. The subdivider shall pay all publishing and recording fees. Any request for reconsideration of a plat must include a twenty-five-dollar processing fee, letter of intent/and copies of the minor subdivision plat adequate for distribution to affected agencies.
(Ord. 425 §2, 1993)
Sec. 17-220. - Purpose. The purpose of this Chapter is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended.
(Ord. 536 §1, 1999)
Sec. 17-221. - Definitions. As used in this Article, the following words and phrases shall have the meanings set forth in this Section, unless the context otherwise requires:
Landowner means any owner of a legal or equitable interest in real property, and includes the heirs, successors and assigns of such ownership interests.
Site specific development plan means and is limited to a planned unit development (PUD) final development plan submitted pursuant to Article 8 of this Chapter or a site plan submitted pursuant to Article 24 of Chapter 16 of this Code. No other type of land use application shall be considered a site specific development plan.
Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.
(Ord. 536 §1, 1999; Ord. 594 §2, 2002)
Sec. 17-222. - Creation - Notice and hearing.
(a) A vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, is created only upon City Council approval or conditional approval of a site specific development plan which has been processed in accordance with the provisions of this Chapter. No administrative or other type of land use approval shall create such a vested property right.
(b) Any landowner seeking the creation of a vested property right through approval of the site specific development plan shall invoke the procedures of this Chapter by specific written request to the City. The request shall be made to the City Clerk at least thirty (30) days prior to the date the City Council is to consider approval of the site specific development plan. The failure of the landowner to make such a request renders the PUD final development plan not a site specific development plan, and no vested rights shall be deemed to be created by its approval or conditional approval.
(c) No site specific development plan shall be approved until after a City Council public hearing, preceded by notice of the hearing provided pursuant to Section 17-8 of this Code. The notice may, at the City's option, be combined with any notice required for the public hearing on the particular site specific development plan under consideration or with any other required notice, or may be given separately. Interested persons shall have the opportunity to be heard at the hearing.
(d) The City Council's intention to create a vested property right shall be set forth in the resolution granting approval or conditional approval of the site specific development plan.
(Ord. 536 §1, 1999; Ord. 937, §27, 2023)
Sec. 17-223. - Notice of approval.
(a) Not more than fourteen (14) days after City Council approval or conditional approval of a site specific development plan, there shall be published in a newspaper designated by the City for the publication of notices, a public notice. The notice shall contain the following:
(1) A statement that a site specific development plan has been approved and a vested property right created.
(2) A statement generally describing the type and intensity of use approved in the site specific development plan, and a reference to the specific City Council resolution of approval.
(3) A description of the subject property which shall include a vicinity description by reference to an adjacent or nearby road intersection and which may include a legal description.
(b) Each map, plan or other document constituting a site specific development plan shall contain the following language: "Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." Failure to include this statement shall prevent the creation of a vested property right.
(Ord. 536 §1, 1999)
Sec. 17-224. - Effective date. A site specific development plan shall be deemed approved upon the effective date of City Council's final action granting approval or conditional approval of such plan, if such approval is otherwise granted in compliance with the procedures of this Chapter. Failure to comply with the procedures set forth in this Chapter shall prevent the creation of a vested property right.
(Ord. 536 §1, 1999)
Sec. 17-225. - Duration and amendment. (a) A vested property right which has been created pursuant to this Chapter shall remain vested for a period of three (3) years, unless a longer period is expressly authorized by City Council resolution.
(b) The three-year vesting period shall not be extended by any amendments to a site specific development plan. Therefore, in the event the City Council approves amendments to a site specific development plan, the effective date of such amendments, for purposes of duration of any vested property right, shall be the date of the City Council's approval of the original site specific development plan, unless the City Council by resolution expressly finds and determines otherwise. Vested property rights shall not attach to any administrative amendment and may attach to amendments to the site specific development plan only if approved in compliance with the procedures set forth in this Chapter.
(Ord. 536 §1, 1999)
Sec. 17-226. - Payment of costs. The applicant for approval of a site specific development plan shall pay a fee in an amount as may from time to time be set by the City Council.
(Ord. 536 §1, 1999)
Sec. 17-227. - Other provisions unaffected. (a) Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of this Code pertaining to the development or use of property.
(b) The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City, including but not limited to building, fire, plumbing, electrical and mechanical codes. Further, the establishment of a vested property right shall not preclude the application of ordinances or regulations otherwise permitted by Article 68 of Title 24, C.R.S., as amended.
(c) A site specific development plan for which a vested right has been created shall not be exempt from subsequent reviews and approvals to ensure compliance with the terms and conditions of the plan's approval.
(Ord. 536 §1, 1999)
Sec. 17-228. - Rights by agreement.#
The City Council may enter into agreements with landowners providing that property rights shall be vested for a period exceeding three (3) years where warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of development, economic cycles and market conditions. Such agreements shall be adopted as legislative acts subject to referendum.
(Ord. 536 §1, 1999)
Sec. 17-229. - Limitations.#
Nothing in this Chapter is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.R.S., as amended. In the event that said Article is repealed or deemed by a court to be invalid or unconstitutional, this Chapter shall be deemed to be repealed and the provisions hereof shall no longer be effective.
(Ord. 536 §1, 1999)
ARTICLE 13 - Reserved#
Footnotes: --- (2) ---
Editor's note— Ord. 986 §5, adopted Aug. 25, 2025, repealed Art. 13, §§ 17-240—17-242, which pertained to lot boundary adjustments and derived from Ord. 544 §2, adopted 2000.
ARTICLE 14 - Parks, Open Space and Trails#
Footnotes: --- (3) ---
Editor's note— Ord. No. 967, §1, June 24, 2024, repealed art. 14, §§ 17-250—17-253 and enacting a new art. 14 as set out herein. Former art. 14 pertained to open space requirements and derived from Ord. No. 550, §1, adopted 2000; Ord. No. 616, §§ 1—4, adopted 2003; Ord. 876 §5, adopted 2019.
Sec. 17-250. - Purpose.#
This Article is intended to regulate the planning, development, construction, preservation, and maintenance of parks, open space, and trails throughout the city, to preserve natural areas and resources, preserve scenic views, provide access to open areas and recreational opportunities, create public health benefits, and generally enhance the quality of life for residents. A primary goal of this Article is to provide a diversity of parks, trails, and open space opportunities that serve residents of all ages and abilities and that are accessible from a variety of locations within the City.
(Ord. No. 967, §1, 2024)
Sec. 17-251. - Parks, open space and trails; purpose, applicability and amount of dedication.#
(a) Purpose.
(1) Dedication of land for pocket parks and neighborhood parks pursuant to this Article 14 is intended to provide lands and construction of parks for park demand generated by new residential to subdivisions to ensure that new development bears the proportionate share of the costs of capital expenditures necessary to provide pocket, neighborhood, and regional park land and related parks and recreational capital facilities.
(2) The requirements for open space and trails set forth in this Article provide land for active and specialized recreation on trails, land for open space, land for the preservation of unique landforms or natural areas, to help organize and direct growth, maintain rural character, protect sensitive environmental areas, scenic views, and historic resources, and provide opportunities for education, wildlife protection and observation, hiking, and other passive and active recreation activities for existing and future City residents.
(3) The requirements set forth in this Article 14 are in addition to the development impact fees for regional parks and trails set forth in Chapter 4, Article 4.
(b) Applicability. Any person applying for approval of a preliminary, final, or minor subdivision plat for development of any area zoned and to be used for residential purposes within the City shall, as a condition of approval of the subdivision: (1) dedicate park land, open space and trails, and construct such park and recreation capital facilities on such park land and trails as required by this Article; or (2) pay the cash in lieu of dedication pursuant to Section 17-256.
(c) Amount of park land, open space and trails to be dedicated.
# Sec. 17-251. - Park land, open space and trails dedication.
(1) The amount of land dedicated for parks, open space and trails shall not be less than ten (10) acres of combined park land, open space, and trails per one thousand (1,000) residents of the development.§ For purposes of calculating this requirement, the number of persons per dwelling unit shall be based upon data compiled by the State of Colorado Demographer's Office and will be updated not less than every five (5) years.
(2) The distribution of the required park land shall generally be as follows:
| Category | Acres per 1,000 residents |
|----------|---------------------------|
| a. Pocket parks | 2.5 |
| b. Neighborhood parks | 5.0 |
| c. Open space and trails | 2.5 |
The City Council shall have the discretion to re-allocate acreage within the above categories for the benefit of the residents to be served by such park land, open space, and trails.
(3) The applicant shall submit with each subdivision plat or site plan for multi-family residential development information concerning the number and type of dwelling units. Should the application not contain such information, the Community Development Director shall assume the highest density or maximum number of units permitted in such multi-family residential project.
(d) Redevelopment of properties that previously dedicated land, constructed a park or trails, or paid cash in lieu of park land dedication are exempt from making an additional land dedication or paying cash in lieu.
(Ord. No. 967, §1, 2024)
# Sec. 17-252. - Improvement of dedicated park land, open space and trails.
Pocket parks and trails required to be dedicated pursuant to this Article shall be improved by the applicant, subdivider, or owner in accordance with plans meeting the requirements of this Article.
(Ord. No. 967, §1, 2024)
# Sec. 17-253. - Standard criteria for pocket and neighborhood parks.
To the maximum extent reasonably practicable, park land to be dedicated to the City shall be generally consistent with the standard characteristics of parks identified in the City's comprehensive master plan and the Dacono parks and trails and outdoor recreation master plan, as amended from time to time.
(1) **Pocket parks.** Pocket parks provide opportunities for passive outdoor recreation at a sub-neighborhood scale. Pocket parks shall be located within one-quarter (¼) mile of the residences they are intended to serve and may include lawn areas, picnic shelters and tables, play equipment, artwork, or other amenities that are appropriate for the demographics and types of activities that the neighborhood may desire. Pocket parks shall be:
a. One-quarter (¼) acre to two (2) acres in size§;
b. Centrally located within neighborhoods served;
c. Bordered on at least one (1) side by public streets (excluding collector and arterial streets) to provide easy public access, visual surveillance, and on-street parking;
d. Accessible from the surrounding neighborhoods using sidewalks or trails;
e. Owned and maintained by an HOA or metropolitan district;
f. Platted with a dedicated public access easement; and
g. Constructed in accordance with the City's standards and specifications for the design and construction of public improvements or other adopted standards.
(2) **Neighborhood parks.** Neighborhood parks shall provide places for recreation and gathering within approximately one-half (½) mile from most residences being served. Neighborhood parks may include multi-use lawn areas, picnic areas, playground equipment, small court games, community gardens, and playing fields and facilities as appropriate. Neighborhood parks shall be:
a. Not less than a minimum size of seven (7) acres, unless the City Council approves a lesser amount§;
b. [Remaining text of subsection (2)(b) and any subsequent subsections not provided in the source text.]
Sec. 17-253. - Park design and construction requirements.#
Centrally located within or adjacent to the neighborhood(s) served;
c. Bordered on at least two (2) sides by public streets (excluding arterial streets) to provide easy public access, visual surveillance, and on-street parking;
d. Accessible from surrounding neighborhoods by sidewalks or trails; and
e. Owned by the HOA or a metropolitan district. Maintenance of neighborhood parks shall be the responsibility of the subdivider, applicant, HOA or metropolitan district.
The preliminary plat application shall include a master design plan for the pocket and neighborhood parks which shall include all of the park's amenities. The park design and amenities included within the master design plan shall be coordinated with and determined by the City and shall be subject to, and contingent upon, approval and acceptance by the City.
The final plat application shall, with City staff coordination, further refine the master design plan for the park, open space and trails and the applicant shall prepare corresponding construction documents in conformance with the City's adopted standards and specifications for the design and construction of public improvements.
The applicant shall construct the neighborhood park in accordance with the City-approved master design plan. Construction of the neighborhood park shall be at the sole expense of the applicant as an obligation of and as part of the development of the residential subdivision, in conformance with the City-approved construction documents. The applicant shall additionally be responsible for the cost of grading, grass, irrigation and water taps, and raw water dedication and fees for the neighborhood park.
(Ord. No. 967, §1, 2024)
Sec. 17-254. - Additional criteria for park land dedications.#
The following criteria shall be considered to ensure that dedicated park land is suitable for park development:
(1) Aggregate parcel. Dedicated park land shall form a single parcel of land, except where the City Council determines that two (2) or more parcels would be in the best interest of the public, given the type and distribution of park land needed to serve the development.
(2) Usability. In general, the dedicated land required by this Article shall be well-drained, level, and suitable for playing fields and amenities as designed or intended for design for the specific park and recreation facilities.
(3) Connectivity. All dedicated park land shall, to the maximum extent reasonable feasible, be linked to other parks, open space, and trails or adjacent parcels to form a connected system throughout the City.
(4) Environmental considerations. All parks should be located, designed, constructed, and maintained to minimize local, regional, and global environmental impacts as provided in the comprehensive plan.
(5) Water rights. Water rights sufficient to irrigate and serve the intended uses of the dedicated park land shall be transferred to the City prior to recording the final plat.
(6) Areas not eligible. Lands within the following areas shall not be accepted for park land dedication:
a. Private yards;
b. Public or private streets or rights-of-way not intended for park, open space, or trail-related purposes;
c. Open parking areas and driveways for dwelling units not intended for park, open space, or trail-related purposes;
d. Streetscape or landscape buffers and median strips;
e. Easements and/or related utility uses that inhibit the ability to develop, program, or maintain the park for its intended purposes;
f. Oil and gas well sites and setbacks;
g. Storm water detention and water quality ponds greater than five feet (5') deep with slopes greater than 5:1§;
h. [Continued in next section]
Sec. 17-255. - Standard criteria for open space and trails.#
To the maximum extent reasonable practicable, open space and trails to be dedicated shall generally be consistent with the standard characteristics of trails identified in the City's comprehensive master plan, the Dacono Parks and Trails and Outdoor Recreation master plan and the Dacono Standards and Specifications for the Design and Construction of Public Improvements, as amended from time to time.
(1) Open Space#
Open space is characterized as undeveloped land that is permanently maintained in a natural or agricultural state. Open space land shall have the following characteristics:
a. To the maximum extent reasonably feasible, open space shall be organized to create continuous, integrated systems that physically and visually connect to features such as parks and greenways, school sites, historical, cultural, archeological, or environmental sites and features, and trail and open space systems;
b. Open space shall not consist of undevelopable or "left over" pieces of the site, but shall be designed as an integral part of the overall development, incorporating identified environmentally and historically significant components of the site.
(2) Trails#
a. Trails provide connection to destinations within a neighborhood or community. A neighborhood trail connects the homes to a local school, park, or open space area. The goal is community and neighborhood connectivity.
b. Trail types generally include:
i. Local trails. Local trails shall be constructed of concrete trails that provide connectivity within the parks, open space and local trail system as well as provide connections to residential areas, schools and businesses.
(a) Local trails are constructed of concrete unless otherwise approved by the Community Development Director or designee.
(b) At no time will the width of a local trail be less than eight (8) feet unless otherwise approved by the Community Development Director or designee.§
ii. Primitive trails. Primitive trails consist of crusher fines, stabilized crusher fines or other natural surface trail within select open space where frequency of use is low and a more natural experience is desired.
(a) Minimum width shall be no less than four (4) feet but may also be eight (8) feet wide for multi-use trails.§
(b) Erosion control components shall be installed at appropriate locations.
(c) Minimum overhead clearance shall be ten (10) feet§; minimum side clearance shall be eight (8) feet§.
(3) Area Not Eligible#
Lands within the following areas shall not be counted toward required open space and trails dedication:
a. Private yards;
b. Public or private streets or rights-of-ways not intended for open space and trail purposes;
c. Open parking areas and driveways not intended for open space purposes;
d. Streetscape, landscape buffers, or medians;
e. Oil and gas well sites and required buffers;
f. Mine shafts and associated setbacks;
g. Areas encumbered by environmental hazards or restrictions;
h. Land covered by structures not intended for open space purposes;
i. Land located within the floodplain or floodway unless development of recreational areas is suitable, shall be considered at the following dedication rate:
i. Trails to be dedicated that are within the floodway of a 100-year floodplain shall
Sec. 17-256. - Procedure for dedication of land for parks, open space and trails.
(a) The proposed location of parks, open space and trails shall be reviewed and approved as part of the preliminary plat and dedicated to the HOA, metro district, or City on the final plat, as directed by the City. All land to be dedicated for parks shall be zoned Civic Open Space (COS) Zone District.
(b) Conveyance of dedicated land for parks, open space, and trails to the HOA, metro district, or City shall be by warranty deed in a form acceptable to the City Attorney, and the title shall be free and clear of all liens and encumbrances, including real property taxes prorated to the time of conveyance. The executed deed shall be submitted to the City for recording with the final plat, or as otherwise directed by the City.
(Ord. No. 967, §1, 2024)
Sec. 17-257. - Cash in lieu of dedication of land for parks, open space and trails.
(a) If there is insufficient suitable land available within the subdivision to satisfy the neighborhood park land dedication requirements based on the park standards in this Article, or expansion of adjacent park facilities would be more appropriate to satisfy the need created by the proposed development than land within the proposed development, or in cases where the City Council finds the cash value of park land dedication more appropriate to satisfy the park demands generated by the proposed development, the subdivider or applicant shall pay a cash fee in lieu of neighborhood park land dedication requirements.
(b) The cash-in-lieu of dedication amount will be calculated at the time of payment based on the fair market value of the land area required to be dedicated. A per-square-foot land value will be determined by the City by means of an appraisal commissioned by the City at the expense of the applicant. The fee shall be due prior to recording the final plat. The cash paid in lieu of park land dedication shall be deposited into the City's parks and trails fund. All funds in the City's parks and trails funds shall be used for acquisition of park land and construction of improvements to existing parks.
(Ord. No. 967, §1, 2024)
Sec. 17-260. - Improvement guarantee required. (a) To ensure the construction of required public improvements, prior to recording any final plat, minor subdivision plat, or site plan, a subdivision agreement shall be executed by the subdivider, which requires the subdivider to guarantee the completion of all such public improvements by one (1) of the forms specified in Section 17-261 below. The means of a guarantee may be changed during the guarantee period only by a written amendment to the subdivision agreement approved by the City Council. The guarantee shall remain in effect until final acceptance of improvements.
(b) The improvement guarantee shall be a minimum of one hundred fifteen percent (115%) of the entire estimated cost, including labor and materials, of all required public improvements. The subdivider shall submit to the City for its review and approval detailed cost estimates for public improvements from qualified estimators to support the amount of the improvement guarantee. The amount of the improvement guarantee shall be proposed by the applicant and is subject to approval by the City Council, which shall consider increasing costs over the time period.
(c) No public improvement may be constructed without an executed subdivision agreement and until the City has reviewed and accepted an improvement guarantee meeting the requirements of this Article.
(Ord. 732 §3, 2009; Ord. 986 §6, 2025)
Sec. 17-261. - Form of improvement guarantee. (a) The subdivider may elect to deposit a cash sum or certified check, which funds shall be held by the City in trust until released by the City upon completion of the public improvements. Such funds may not be used or pledged by the subdivider as security in any matter during such period.
(b) The subdivider may elect to provide from a Colorado bank an irrevocable letter of credit in a form approved by the City Council. Such letter of credit shall not expire during the winter season (November 1 to March 1).
(Ord. 732 §3, 2009)
Sec. 17-262. - Probationary acceptance. (a) No later than thirty (30) days, weather permitting, after all required public improvements have been completed, the subdivider shall request from the City a probationary acceptance inspection of the public improvements. If deficiencies are noted as a result of the inspection, the subdivider shall complete all repairs, replacements, construction or other work required and request a follow-up inspection within thirty (30) calendar days of receipt of the deficiency notice. The Community Development Director, City Engineer or designee may recommend probationary acceptance only when all public improvements are complete and upon receipt of as-built drawings in document and electronic format. Probationary acceptance shall not be granted during the winter season (November 1 to March 1).
(b) The City Council shall by resolution grant probationary acceptance, at which time the warranty period shall begin. Upon probationary acceptance, the City Council may authorize the release of eighty percent (80%) of the improvement guarantee. No partial releases of the improvement guarantee shall be permitted.
(Ord. 732 §3, 2009; Ord. No. 844, § 1, 4-9-2018)
Sec. 17-263. - Warranty of public improvements. The subdivider shall warrant and guarantee that required public improvements constructed under the agreement will remain in good condition and meet operating specifications for two (2) years, commencing with probationary acceptance of such public improvements or until such improvements have been granted final acceptance by the City Council. Such warranty includes defects in design, workmanship, materials and any damage to improvements caused by the subdivider, its agents or others engaged in work to be performed under the subdivision agreement.
(Ord. 732 §3, 2009)
Sec. 17-264. - Final acceptance. (a) At least forty-five (45) days, weather permitting, before two (2) years have elapsed from the date of probationary acceptance, the subdivider shall schedule a final acceptance inspection with the City. After all deficiencies are cured and any necessary follow-up inspections are completed, the City Engineer, the Community Development Director or their designees may recommend to the City Council final acceptance of the public improvements and release of the remaining improvement guarantee. If extensive repairs or replacements of public improvements were required during the warranty period, the City Engineer or Community Development Director may recommend that the City Council extend the warranty period for a period of time not to exceed one (1) additional year before the improvements will be considered for final acceptance.
(b) The City Council shall by resolution grant final acceptance and accept for ownership and maintenance all public improvements to be owned and maintained by the City.
(c) Prior to the release of the remaining improvement guarantee, the subdivider shall provide to the City a stamped statement from an engineer licensed in Colorado certifying that the project has been completed in substantial compliance with the approved plans and specifications of the site plan and related documents.
(Ord. 732 §3, 2009; Ord. No. 844, § 1, 4-9-2018)
Sec. 17-265. - Correction of deficiencies during warranty period. Within thirty (30) days, or such period as may be extended by the City in its sole discretion, after notification by the City of the need for repair or replacement of any public improvement, the subdivider shall correct the deficiencies to the City's satisfaction. Such notification shall be made by certified mail. If the subdivider fails to repair or replace the deficiency within the time specified in this Section, the City may make the repair or replacement at the subdivider's sole expense and either bill the subdivider for the cost of the repair or draw upon all or a portion of the improvement guarantee.
(Ord. 732 §3, 2009)
Sec. 17-266. - Default.
(a) If the subdivider defaults on any obligation to construct required public improvements or the obligation to warrant and repair such improvements, the City may draw upon the improvement guarantee to complete or repair the public improvements to ensure that:
(1) All required public improvements are built to specifications necessary to receive final acceptance; and
(2) The improvements remain in good condition for the completion of the warranty period.
(b) The City may use improvement guarantee funds for the completion of required public improvements or may hold such guarantee funds until the improvements have been completed. Upon final acceptance of the public improvements, the City shall return to the subdivider any funds remaining after payment of all costs and fees incurred by the City.
(Ord. 732 §3, 2009)
Sec. 17-267. - Inspections.
The subdivider shall schedule with the City inspections required by this Article at least forty-eight (48) hours in advance. Prior to the City's acceptance of the public improvements, utility companies and other service providers shall inspect and approve installations that will become their respective responsibility.
(Ord. 732 §3, 2009)
Sec. 17-268. - Standards may not be altered; enforcement of Article.
All provisions of this Article are mandatory and may not be altered by the subdivision agreement.
(Ord. 732 §3, 2009)