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TITLE 16

SUBDIVISIONS

 

 

Chapters:

 

            16.04               GENERAL PROVISIONS

            16.08               DEFINITIONS

            16.12               PROCEDURES FOR SUBMITTING PLAN

            16.16               SKETCH PLAN

            16.20               PRELIMINARY PLAN

            16.24               FINAL PLAT

            16.28               PLANNED UNIT DEVELOPMENTS

            16.32               DESIGN STANDARDS

            16.36               IMPROVEMENTS AND UTILITIES

            16.40               VARIANCES

            16.42               PROCEDURE FOR MINOR REPLATS

            16.44               FEE SCHEDULE

            16.48               VIOLATION

 

 

Chapter 16.04

GENERAL PROVISIONS

 

 

Sections:

 

            16.04.010        Title for Citation.

            16.04.020        Enactment – Charter Authority.

            16.04.030        Purpose of Provisions.

            16.04.040        Interpretations of Regulations.

            16.04.050        General Laws and Criteria for Subdivisions.

            16.04.060        Territory of Jurisdiction.

            16.04.070        Compliance with Provisions Required.

            16.04.080        Acceptance of Dedicated Lands.

            16.04.090        Approval of Plats Prior to Filing and Recordation.

            16.04.100        Use of Unapproved Plat Prohibited When.

            16.04.110        Amendments to Subdivision Regulations.

 

 

            16.04.010   Title for Citation.  The regulations set out in this title shall be known and cited as “The Subdivision Regulations of Nunn, Colorado.”  (Ord. 179, 1996)

 

            16.04.020    Enactment - Charter Authority.  The regulations set out in this title have been prepared and enacted in accordance with C.R.S., Section 31-23-214, and Town of Nunn Ordinance No. 179.  (Ord. 179, 1996)

 

16.04.030   Purpose of Provisions.  The purpose of the regulations set out in this title

include:  (Ord. 179, 1996)

 

          A.        To assist orderly, efficient, and integrated development;  (Ord. 179, 1996)

 

          B.        To promote the health, safety, and general welfare of the residents;  (Ord. 179. 1996)

 

          C.        To ensure conformance of land subdivision plans with the public improvement plans of the Town, Weld County, the state and other public agencies;  (Ord. 179, 1996)

 

            D.        To ensure coordination of municipal public improvement plans and programs; (Ord. 179, 1996)

 

      E.         To encourage well planned subdivisions by establishing adequate standards for design and improvements; (Ord. 179, 1996)

 

      F.         To improve land survey monuments and records by establishing standards for surveys and plats; (Ord. 179, 1996)

 

            G.        To safeguard the interests of the public, the property owner, and the subdivider; (Ord. 179, 1996)

 

            H.        To secure equitable handling of all subdivision plans by providing uniform procedures and standards;  (Ord. 179, 1996)

 

            I.          To prevent population congestion;  (Ord. 179, 1996)

 

            J.         To prevent and control erosion, sedimentation, and other pollution of surface and subsurface water;  (Ord. 179, 1996)

 

K.        To prevent flood damage to persons and properties, and minimize expenditures for flood relief and flood control projects;  (Ord. 179, 1996)

 

L.         To restrict building on flood lands or in areas poorly suited for building or construction;  (Ord. 179, 1996)

 

M.        To prevent loss and injury from mudflows and other geologic hazards; (Ord. 179, 1996)

 

            N.        To implement the Comprehensive Plan of the Town.  (Ord. 179. 1996)

 

16.04.040   Interpretations of Regulations.  On the interpretation and application of the provisions of these regulations, the following shall govern:  (Ord. 179. 1996)

 

A.        The provisions contained in these regulations shall be regarded as minimum requirements for the protection of the public health, safety, and welfare.  (Ord. 179. 1996)

 

B.          Whenever a provision of these regulations and any provision in any other law of the Town cover the same subject matter, whichever is the most restrictive or imposes the higher standard or requirements shall govern.  (Ord. 179, 1996)

 

            16.04.050   General Laws and Criteria for Subdivisions.  Land shall be subdivided in conformance with the Master Plan, the Zoning Code, and other ordinances and regulations in effect.  In all cases, the Planning Commission shall consider the criteria in these regulations, including subdividers utilizing the planned unit development portion of these regulations.  (Ord. 179, 1996)

 

            16.04.060   Territory of Jurisdiction.  The territory within which the regulations of this Title are applicable shall include all land located within the legal boundaries of the Town of Nunn, hereinafter referred to as "the Town."  (Ord. 179, 1996)

 

16.04.070   Compliance with Provisions Required.  Whoever divides or participates in the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other division of land or for the purpose, whether immediate or future, of sale or of building development, whether residential, industrial, commercial, business or other use, shall make the transaction subject to the provisions of these regulations, and a plat therefor must be submitted to and accepted by the Town according to the terms as set forth in these regulations.  The terms hereof shall also include and refer to any division of land previously subdivided or platted.  (Ord. 179, 1996)

 

16.04.080   Acceptance of Dedicated Lands.  Approval of a subdivision by the Town shall not constitute an acceptance by the Town of the roads, streets, alleys, or other public lands for maintenance, as indicated for dedication on the plat. The dedication of any of these lands for public use of any nature within the Town shall be accepted by the Town only by specific action of the Town Board.  (Ord. 179, 1996)

 

16.04.090   Approval of Plats Prior to Filing and Recordation.  It is unlawful to file or record a plat of a subdivision of land with the Town Clerk and the Weld County Clerk and Recorder until the plat is approved by the Planning Commission of the Town of Nunn, hereinafter referred to as the "Planning Commission," and the Town Board of the Town of Nunn, hereinafter referred to as the "Town Board," and signed by duly authorized representatives of such bodies. (Ord. 179, 1996)

16.04.100   Use of Unapproved Plat Prohibited When.  It is unlawful to use any plat of a subdivision of land for purposes of sale or building development until such plat is approved by the Planning Commission and Town and signed by duly authorized representatives of such bodies. (Ord. 179, 1996)

 

16.04.110   Amendments to Subdivision Regulations.  The regulations set out in this Title may be amended by the Town Board from time to time in accordance with the provisions of law.  (Ord. 176, 1996)

 


 

 

Chapter 16.08

DEFINITIONS

 

 

Sections:

 

            16.08.010        Definitions Generally.

            16.08.020        Alley.

            16.08.030        Aquifer.

            16.08.040        Block.

            16.08.050        Comprehensive Plan.

            16.08.060        Conservation Standards.

            16.08.070        Consumer.

            16.08.080        Crosswalk or Walkway.

            16.08.090        Dedication.

            16.08.100        Dwelling Unit.

            16.08.110        Easement.

            16.08.120        Evidence.

            16.08.130        Floodplain.

            16.08.140        Improvements.

            16.08.150        Lateral Sewer.

            16.08.160        Lot.

            16.08.170        Lot, or Depth of.

            16.08.180        Lot, Double – Frontage.

            16.08.190        Lot or Property Pin.

            16.08.200        Lot, Reverse—Frontage.

            16.08.210        Lot, Width of.

            16.08.220        Mayor.

            16.08.230        Multi-Family Dwelling.

            16.08.240        National Cooperative Soil Survey.

            16.08.250        Off Street Parking Space.

            16.08.260        Permanent Monument.

            16.08.270        Person.

            16.08.280        Planned Unit Development (PUD)

            16.08.290        Planning Commission.

            16.08.300        Plan, Preliminary.

            16.08.310        Plan, Sketch.

            16.08.320        Plat, Final.

            16.08.330        Reservation.

            16.08.340        Resubdivision.

            16.08.350        Right-of-Way and Control Access.

            16.08.360        Roadway.

            16.08.370        Street.

            16.08.390        Subdivider or Developer.

            16.08.400        Town Board.

 

 

            16.08.010   Definitions Generally.

 

            A.        The language set forth in the text of this Title shall be interpreted in accordance with the following rules of construction:   (Ord. 179, 1996)

 

                        1.         The singular number includes the plural and the plural the singular;  (Ord. 179, 1996)

 

                        2.         The present tense includes the past and future tenses, and the future the present;  (Ord. 179, 1996)

 

                        3.         The word "shall" is mandatory, while the word "may" is permissive; (Ord. 179, 1996)

 

                        4.         The masculine gender includes the feminine and neuter. (Ord. 179, 1996)

 

            B.        The following words and terms, wherever they occur in this regulation, shall be construed as defined in this Chapter.  (Ord. 179, 1996)

 

16.08.020   Alley.  "Alley" means a minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.  (Ord. 179. 1996)

 

16.08.030   Aquifer.  "Aquifer" means a water bearing layer of sand, gravel, or porous rock.  (Ord. 179, 1996)

 

16.08.040   Block.  "Block" means a parcel of land bounded on all sides by sides of a street or streets.  (Ord. 179, 1996)

 

16.08.050   Comprehensive Plan.  "Comprehensive Plan" means a plan for guiding and controlling the physical development of land use and circulation facilities in the Town and any amendment or extension of such a plan.  (Ord. 179. 1996)

 

16.08.060   Conservation Standards.  "Conservation standards" means guidelines and specifications for soil and water conservation practices and management, enumerated in the Technical Guide prepared by the USDA Soil Conservation Service, adopted by the County Soil and Water Conservation Commission, district supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities, from which the owner selects that alternative which best meets his needs in developing his soil and water conservation plan.  (Ord. 179, 1996)

 

16.08.070   Consumer.  "Consumer" means any person contacted as a potential purchaser, lessee, or renter, as well as one who actually purchases, leases, or rents property in the subdivision.  (Ord. 179, 1996)

 

16.08.080   Crosswalk or Walkway.  "Crosswalk" or "walkway" means a right-of-way dedicated to public use, or facilities pedestrians access through a subdivision block.  (Ord. 179,  1996)

 

16.08.090   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.  (Ord. 179. 1996)

 

16.08.100   Dwelling Unit.  "Dwelling unit" means any structure or part thereof designed to be occupied as the living quarters of a single-family or housekeeping unit.  (Ord. 179, 1996)

 

16.08.110   Easement.  "Easement" means a right to land generally established in a real estate deed or on a recorded plat to permit the use of land by the public, a corporation, or particular persons for specified reasons.  (Ord. 179, 1996)

 

            16.08.120   Evidence.  "Evidence" means any map, table, chart contract, or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition, which evidence must be relevant and competent and must support the position maintained by the subdivider.  (Ord. 179, 1996)

 

            16.08.130   Floodplain.  "Floodplain" means an area that is anticipated to receive flood waters in years, or certain storm intensity, such as a fifty-year storm or a one-hundred year storm.  (Ord. 179, 1996)

 

16.08.140   Improvements.  "Improvements" means street grading. street surfacing and paving, curbs and gutters, street lights, street signs, sidewalks, water mains and lines, water meters, fire hydrants, sanitary sewers, storm drainage facilities, culverts, bridges, public utilities, or other such installations as designated by the Town Board or its specified approving authority. (Ord. 179, 1996)

 

16.08.150   Lateral Sewer.  "Lateral sewer" means a sewer which discharges into another sewer and has only building sewers tributary to it.  (Ord. 179, 1996)

 

16.08.160   Lot.  "Lot" means the unit into which land is divided on a subdivision plat or deed with the intention of offering such unit for sale, lease, or separate use, either as an undeveloped or developed site, regardless of how it is conveyed. "Lot" shall also mean parcel, plat, site, or any similar term.  (Ord. 179, 1996)

 

16.08.170   Lot, Depth of.  "Depth of lot" means the mean horizontal distance between the front and rear lot lines.  (Ord. 179, 1996)

 

            16.08.180   Lot, Double -- Frontage.  "Double frontage lot" means a lot having a frontage on two non-intersecting streets.  (Ord. 179, 1996)

 

16.08.190   Lot or Property Pin.  "Lot or property pin" means a marker established by certified land survey and set by a registered land surveyor registered in the State of Colorado to establish accurate location of property lines.  (Ord. 179, 1996)

 

16.08.200   Lot, Reverse -- Frontage.   “Reverse frontage lot" means a lot which extends continuously between two parallel (or approximately parallel) streets bounding a block and which is abutted along one street frontage by an easement for screen planting. A block containing reverse frontage lots is composed of one tier of lots rather than the standard two tiers.  (Ord. 179, 1996)

 

16.08.210   Lot, Width of.  "Width of lot" means the average distance between side lot lines.  "Side lot lines" are those which are neither front nor rear lot lines.  (Ord. 179, 1996)

 

16.08.220   Mayor.  "Mayor" means the mayor, or mayor pro tempore. of the Town of Nunn.  (Ord. 179, 1996)

 

16.08.230   Multi-Family Dwelling.  "Multifamily dwelling" means a building providing separate dwelling units for two or more families.  (Ord. 179, 1996)

 

16.08.240   National Cooperative Soil Survey.  "National Cooperative Soil Survey" means the soil survey conducted by the U.S. Department of Agriculture in cooperation with the State Agricultural Experiment Stations and other federal and state agencies.  (Ord. 179, 1996)

 

16.08.250   Off Street Parking Space.  "Off street parking space" means the space required to park one passenger vehicle on private land.  (Ord. 179, 1996)

 

16.08.260   Permanent Monument.  "Permanent monument" means any structure permanently placed on or in the ground, including those expressly placed for surveying reference. (Ord. 179, 1996)

 

16.08.270   Person.  "Person" means an individual, partnership, corporation, association, unincorporated organization, trust or any other legal or commercial entity, including a joint venture of affiliated ownership. The word "person" also means a municipality or state agency. (Ord. 179, 1996)

 

            16.08.280   Planned Unit Development (PUD).

 

A.        "Planned Unit Development (PUD)" means an area of land, not less than two acres in size, improved as a residential development, or a combination of uses such as residential, educational, recreational, commercial and industrial, in which normal restrictions of lot sizes, setbacks, densities, land uses, and other criteria may be relaxed in return for development conformance to an approved plan for the total parcel. Approval may be given upon evidence of the provisions of open spaces, public facilities, access, planning aesthetics, and other considerations deemed important by the local approving agency.  (Ord. 179, 1996)

 

            B.        A “Planned Unit Development" is a commitment on the part of the developer to construct the project according to the plan approved by the Town Board. The developer shall adhere to densities, open spaces, street location and design. floodplain regulations, and all other such design criteria as are set forth in this Title, and other ordinances that may be required by the Town Board.  (Ord. 179, 1996)

 

C.        In a Planned Unit Development, the uses, density, and yard requirements shall be determined upon submission and approval of the plan.  (Ord. 179, 1996)

 

16.08.290   Planning Commission.  "Planning Commission: means the Planning Commission of the Town of Nunn.  Such also means the Town Board, sitting as Planning Commission, when there is in effect an Ordinance designating the Town Board as the Planning Commission for the Town of Nunn.  (Ord. 179, 1996)

 

16.08.300   Plan, Preliminary.  "Preliminary Plan" means the map or maps of a proposed subdivision, and specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design.  (Ord. 179, 1996)

 

16.08.310   Plan, Sketch.  "Sketch plan" means a map of a proposed subdivision, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design.  (Ord. 179, 1996)

 

16.08.320   Plat, Final.  "Final plat" means a map and supporting materials of certain described land prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the County Clerk and Recorder.  (Ord. 179, 1996)

 

16.08.330   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.  (Ord. 179, 1996)

 

16.08.340   Resubdivision.  "Resubdivision" means the changing of any existing lot or lots of any subdivision plat previously recorded with the County Clerk and Recorder.  (Ord. 179. 1996)

 

            16.08.350   Right-of-Way and Control Access.

 

A.        "Right-of-way" means that portion of land dedicated to public use for street and/or utility purposes.  (Ord. 179, 1996)

 

            B.        "Control of access" means the condition where the right of owners or occupants of abutting land (or other persons) to access, light, air, or view in connection with a highway is fully or partially controlled by public authority.  (Code, 2002)

 

            16.08.360   Roadway.  "Roadway" means that portion of the street right-of-way designed for vehicular traffic.  (Ord. 179. 1996)

 

            16.08.370   Street.  "Street" means any street, avenue, boulevard, road, land, parkway, viaduct, alley, or other way for the movement of vehicular traffic, which is an existing state, county, or municipal roadway, or a street or way shown upon a plat, heretofore approved, pursuant to law, or approved by official action, and includes the land between street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the right-of-way.  (Ord. 179, 1996)

 

            A.        "Cul-de-sac" means a short, dead-end street no longer than four hundred feet, terminating in a vehicular turnaround area.  (Ord. 179, 1996)

 

            B.        “Half street” means a street parallel and continuous to a property line and of lesser right-of-way width than is required for streets.  (Ord. 179, 1996)

 

            C.        “Service road” means a street or road parallel and abutting major streets to provide access to adjacent property so that each adjacent lot will not have direct access to the major street.  (Ord. 179, 1996)

 

            D.        “Stub street" means a street or road extending from within a subdivision boundary and terminating there with no permanent vehicular turnaround.  Stub streets are provided to permit adjacent undeveloped parcels of land to be developed later with an adjacent connecting street system.  (Ord. 179, 1996)

 

16.08.390   Subdivider or Developer.  "Subdivider" or "developer" means any person, firm, partnership, joint venture, association, or corporation who shall participate as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision.  (Ord. 179, 1996)

 

16.08.400   Town Board.  "Town Board" or "Board" means the Board of Trustees of the Town of Nunn, Colorado.  (Ord. 179, 1996)

 


 

Chapter 16.12

PROCEDURES FOR SUBMITTING PLAN

 

 

Sections:

 

            16.12.010        Sketch Plan and Water Rights Requirements.

            16.12.020        Preliminary Plan – Submittal, Review, and Duration of Approval.

            16.12.030        Final Plat.

            16.12.040        Conformity of Submitted Documents.

            16.12.050        Town Board Action.

            16.12.060        Dedicated Streets and Other Public Land.

            16.12.070        Industrial and Commercial Subdivisions.

            16.12.080        PUD Subdivisions.

            16.12.090        Mobile Home Communities.

 

            16.12.010   Sketch Plan and Water Rights Requirements.

 

A.        Subdividers shall submit five copies of a sketch plan to the Planning Commission prior to the submission of a preliminary plan.  The sketch plan materials shall be submitted to the Town Clerk not less than one week prior to Planning Commission meeting or work session.  The sketch plan will enable the subdivider and the Planning Commission to render an informal preliminary review of the proposed subdivision for general scope and conditions which might affect the plan.  Such sketch plans should include the elements listed in Chapter 16.16.  (Code, 2002)

 

B.        The assignment of water rights or payment of cash in lieu of water rights is required as specified by the schedule established by Resolution of the Town Board.  (Code, 2002)

 

            16.12.020   Preliminary Plan – Submittal, Review, and Duration of Approval. 

 

A.        Following the review of the sketch plan by the Planning Commission, subdividers shall submit required preliminary plan materials and supporting documents of a proposed subdivision to the Planning Commission for approval prior to the submission of a final plat.  The preliminary plan materials and documents shall be submitted to the Town Clerk not less than:  one week prior to Planning Commission meeting.  Submission requirements and time required for review and notification are included in these regulations.  (Code, 2002)

 

            B.        The Planning Commission shall have the authority to require changes in the preliminary plan which more fully meet the purposes of these subdivision regulations.  (Code, 2002)

 

            C.        In reviewing preliminary plans that have been submitted to it, the Planning Commission shall not only ensure that the intent and requirements of these regulations are  followed,  but shall also determine the extent to which the goals and policies embodied in the Comprehensive Plan are met.  (Code, 2002) 

 

D.        Approval of the preliminary plan shall be effective for twelve (12) months after the approval date.  Thereafter, approval of the preliminary plan ""ill have expired unless a final plat has been submitted to the Planning Commission within that twelve (12) months, or a mutually agreed upon extension has been granted by the Planning Commission.  Whenever a final plat is approved for less than the entire area covered by the preliminary plan, approval of the preliminary plan for the remaining unplatted area shall be extended for an additional twelve (12) months. (Code. 2002)

 

16.12.030   Final Plat.  The final plat submission shall conform to the approved preliminary plan and the requirements contained in these regulations.  (Code. 2002)

 

16.12.040   Conformity of Submitted Documents.  Sketch plans. preliminary plans, and final plats shall conform to the requirements and specifications of these regulations and shall be submitted in the manner prescribed.  (Code, 2002)

 

16.12.050   Town Board Action.  Before approval or conditional approval of the final plat by the Planning Commission or, at the same time as such approval, if the Town Board is acting as Planning Commission, the Town Board shall hold a hearing as provided in Chapter 16.24.  (Code, 2002)

 

16.12.060   Dedicated Streets and Other Public Land.  Acceptance of dedication of proposed public lands or streets or street rights-of-way, in an approved plat, can be made only by specific action of acceptance by the Town Board. Plat approval cannot be deemed as acceptance of dedication.  (Code, 2002)

 

16.12.070   Industrial and Commercial Subdivisions.  These regulations shall also apply to the subdivision of land for commercial purposes.  (Code, 2002)

 

16.12.080   PUD Subdivisions.  Approval of a planned unit development may be given upon evidence of the provision of open spaces, public facilities, access, planning aesthetics, and other considerations deemed important by the Planning Commission and the Town Board and shall comply with Chapter 16.28 of these regulations.  (Code, 2002)

 

16.12.090   Mobile Home Communities.  Each mobile home community application shall be submitted as a planned unit development and shall comply with Chapter 16.28.  (Code, 2002)

 


 

Chapter 16.16

SKETCH PLAN

 

 

Sections:

 

            16.16.010        Submittal Procedures – Contents.

            16.16.020        Location Map.

            16.16.030        Drawing and Laying for Sketch Plan.

            16.16.040        Existing Site Conditions and Descriptions of Proposed Development.

            16.16.050        Review Procedures.

 

 

            16.16.010   Submittal Procedures -- Contents.

 

A.        Subdividers shall submit five (5) copies of a sketch plan for review and discussion. The sketch plan materials shall be submitted to the Town Clerk not less than one week prior to Planning Commission meeting.  (Code, 2002)

 

B.        The sketch plan filing fee shall accompany the submittal in accordance with the fee schedule.  (Code, 2002)

 

16.16.020   Location Map.

 

A.        The location map may be prepared on a Nunn zoning map and shall indicate clearly the relationship of the proposed subdivision to the surrounding area within one-quarter mile of the subdivision's boundaries.  The map shall show:  (Code, 2002)

 

                        1.         Existing development, including major streets, existing public sewers, public water supply, and storm drainage systems;  (Code, 2002)

 

                        2.         Community facilities, such as schools and parks;  (Code, 2002)

 

                        3.         Zoning in and adjacent to the tract.  (Code, 2002)

 

           B.         The location map shall include a title, scale (not less than one inch to six hundred feet), total acreage of the tract, North arrow, and date.  (Code, 2002)

 

           16.16.030   Drawing and Layout for Sketch Plan.

 

           A.         The sketch plan may be free hand drawing at suitable scale (not less than one inch to two hundred feet) in a legible medium and shall clearly show the following:  (Code, 2002)

 

                        1.         Major topographic contours (from U.S.G.S. maps);  (Code, 2002)

 

                        2.         The proposed layout of streets and lots in relation to topographic conditions and natural landscape features on the site;  (Code, 2002)

 

                        3.         The proposed location and extent of major open space and public sites;  (Code, 2002)

 

                        4.         General locations of present and proposed utility easements and installations;  (Code, 2002)

 

                        5.         Proposed land uses; and (Code, 2002)

 

6.         Indication of building types, with approximate location of major buildings exclusive of single-family residential dwellings.  (Code, 2002)

 

            B.        Variations from the scale requirement of the sketch plan (one inch equals two hundred feet) will be acceptable in the case of large subdivisions, provided the plans and design are clearly legible.  The plan generally shall include north point, name of the subdivision, U.S.G.S. Township, Range, Section, and Quarter Section.  (Code, 2002)

 

            16.16.040   Existing Site Conditions and Descriptions of Proposed Development.  This information shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings and shall include information on existing covenants and land characteristics such as, but not limited to, floodplains, hazard areas, economically recoverable minerals, soils and existing vegetation, and information describing the development proposal, such as number of residential lots or dwelling units, typical lot width and depth, and proposed utilities and street improvements.  (Code, 2002)

 

            16.16.050   Review Procedures.

 

            A.        Sketch plans shall be reviewed by the Planning Commission in informal conference with the subdivider.  Such may be at a scheduled meeting or at a work session.  The conference is intended to be for the mutual exchange of information and development concepts.  A primary concern shall be the degree to which the proposed subdivision meets the governing body’s land us policies and its Comprehensive Plan.  (Code, 2002)

 

            B.        Upon review of the sketch plan, the Planning Commission may allow exemptions and deviation from required sale, format, and content of plans and maps, which it determines are inapplicable and unnecessary.  (Code, 2002)

 

            C.        The Planning Commission may take up to thirty (30) days to review the sketch plan.  (Code, 2002)

 

Chapter 16.20

PRELIMINARY PLAN

 

 

Sections:

 

            16.20.010        Submittal Requirements.

            16.20.020        Receipt.

            16.20.030        Drawing Requirements – Date to Be Submitted.

            16.20.040        Supporting Documents Required.

            16.20.050        Review by Planning Commission.

            16.20.060        Approval or Denial Condnitions.

            16.20.070        Approval – Health, Safety and Welfare Criteria.

            16.20.080        Burden of Proof for Subdivider.

            16.20.090        Entry on Land for Investigations and Test.

            16.20.100        Planning Commission – Decision.

            16.20.110        Denial of Plan – Notification, Review and Reapplication.

            16.20.120        Appeals Procedure.

 

 

16.20.010   Submittal Requirements.  Copies of all required material shall be officially submitted to the Planning Commission by the subdivider or his authorized representative.  The preliminary plan materials and documents shall be submitted to the Town Clerk not less than one (1) week prior to Planning Commission meeting.  A preliminary plan filing fee shall accompany the submittal in accordance with the fee schedule established by resolution of the Town Board. (Code, 2002)

 

16.20.020   Receipt.  A receipt shall be issued to the subdivider for the preliminary plan submission when it has been determined that the submission includes all the required documents set forth in these regulations.  The date of the Planning Commission meeting to review the plans shall be specified on the receipt.  (Code, 2002)

 

            16.20.030   Drawing Requirements -- Date To Be Submitted.

 

          A.        The preliminary plan may consist of one or more sheets, depending on the size of the subdivision.  It shall meet the minimum design standards set forth in these regulations.  (Code, 2002)

 

B.        A workmanlike execution of the plan shall be made in every detail.  A poorly drawn or illegible plan is sufficient cause for its rejection.  (Code, 2002)

 

C.          The following data shall be submitted as part of the preliminary plan submission.  Note:  Any deviation from required scale and format of plans and maps shall be allowed only upon permission of the Planning Commission in the sketch plan review.  (Code, 2002)

 

                        1.         Vicinitv Map.  Ten (10) copies of a vicinity map for the proposed subdivision, and for a one-half mile perimeter area of the proposed subdivision at one inch equals six hundred feet scale, showing: (Code, 2002)

 

 


 

                                    (a)       Location of the subdivision as a part of some larger subdivision or tract of land, and by reference to permanent survey monuments, with a tie to a section comer or a quarter-section corner:  (Code, 2002)

 

                                    (b)       Existing streets, highways, roads, and railroads;  (Code, 2002)

 

                                    (c)       Existing land uses, subdivisions, utilities (lines, buildings, easements), buildings and structures, etc.;  (Code, 2002)

 

                                    (d)       Existing zoning;  (Code, 2002)

 

                                    (e)       School district;  (Code, 2002)

 

                                    (f)       Water district, if applicable;  (Code, 2002)

 

                                    (g)       Fire district;  (Code, 2002)

 

                                    (h)       Sanitation district, if applicable;  (Code, 2002)

                                   

                                    (i)       Additional information as may be specified by the Planning Commission in the sketch plan review;  (Code, 2002)

 

                                    (j)       Date of preparation, map scale, and North sign.  (Code, 2002)

 

                        2.         Development Plan Maps:

 

                                   (a)        Existing Features Map.  Ten (10) copies of an existing features map, [twenty-four by thirty-six inch, black on white or blue on white prints at a scale of one inch equals one hundred feet (1 " = 100')]:   (Code, 2002)

 

                                                (1)        Outer boundary;  (Code, 2002)

 

                                                (2)       Location, by survey, of streams, washes, canals, irrigation laterals, private ditches, culverts, lakes, or other water features, including direction of flow, water level elevations, and typical depths, location, and extent of areas subject to flooding by a one-hundred year storm;  (Code, 2002)

 

                                                (3)       A traverse map of the monumented perimeter of the proposed subdivision, along with all survey notes of subdivision perimeter, and copies of all monument records. The traverse shall have an error of closure of not greater than one part in ten thousand.  A survey tie to the state coordinate system or other permanent marker is required.  (Code, 2002)

 

                                                (4)       Wooded areas;  (Code, 2002)

 

                                                (5)       Existing buildings, easements, telephone lines, gas lines, power lines, and other features located on the subdivision and within one hundred (100) feet of the boundaries; (Code, 2002)

 

                                                (6)       Other, as specified by the Planning Commission in the sketch plan review;  (Code, 2002)

 

                                                (7)       North arrow, date;  (Code, 2002)

 

                                                (8)       Names and addresses of the subdivider, the designer of the subdivision, and the engineer and surveyor, both of whom shall be licensed by the State of Colorado Board of Registration for Professional Engineers and Land Surveyors;  (Code, 2002)

 

                                    (b)       Proposed Development Map.  Ten (10) copies of a proposed development map, twenty-four by thirty six inches at one inch equals one hundred feet (1 " = 100') scale.  (Code, 2002)

 

                                                (1)       General Requirements:  (Code, 2002)

 

                                                           (A)        Name of subdivision;  (Code, 2002)

 

                                                           (B)        North arrow, date, and scale;  (Code, 2002)

 

                                                           (C)        Name and address of subdivider and owner;  (Code, 2002)

 

                                                           (D)        Name and address of engineer or designer responsible;  (Code, 2002)

 

                                                           (E)        Legal description and basis of bearings;  (Code, 2002)

 

                                                           (F)        Total acreage;  (Code, 2002)

 

                                                (2)       Lot and street layout, including proposed future street layout, in dashed lines, for any portion or parcel of adjacent land within two hundred (200) feet. not being subdivided now:  (Code, 2002)

 

                                                           (A)        Expected impact on local streets;  (Code, 2002)

 

                                                           (B)        Existing street names and names of proposed streets;  (Code, 2002)

 

                                                           (C)        Dimensions of all lots to nearest foot, which may be scaled values;  (Code, 2002)

 

                                                           (D)        Lots and blocks numbered consecutively;  (Code, 2002)

 

                                                (3)       Public Facilities Location.   Location of sites to be reserved or dedicated for public facilities or parks except streets and utility easements.   The Planning Commission, upon consideration of Town circulation and facilities and the future requirements of the subdivision, may recommend the dedication of areas or sites of a character. extent and location suitable for public use for parks;  (Code, 2002)

 

                                                (4)       Proposed Use Sites.  Proposed sites and acreage, if any, for multi-family dwellings, shopping centers, community facilities, industry, or other uses, exclusive of single-family dwellings;  (Code, 2002)

 

                                                (5)       Common Open Space.  Location, function, ownership, and manner of maintenance of common open space not otherwise reserved or dedicated for public use;  (Code, 2002)

 

                                                (6)       Utility System.  Ten (10) copies of a proposed utility system.  (Code, 2002)

 

                                                           (A)        Location, size and use of all existing and proposed public and private easements.  All utilities must be constructed with approved easements;  (Code, 2002)

 

                                                            (B)       Existing and proposed water mains, fire hydrants, sewers, utility mains (electric, gas, telephone), or other underground structures within the subdivision and at least one hundred feet (100’) immediately adjacent to boundary streets;  (Code, 2002)

 

                                                (7)       Drainage System.  Ten (10) copies of a proposed drainage system.  (Code, 2002)

 

                                                           (A)        Location of culverts and other proposed drainage structures to show the method of moving storm runoff water though the subdivision: also show runoff concentrations in acres of drainage areas on each street entering each intersection.  For storm drainage facilities not on or adjacent to the tract, indicate the direction and distance to, size and invert elevation or nearest extensions of such utilities.   (Code, 2002)

 

                                               (8)        Preliminary Street Profiles.

 

                                                            (A)       Preliminary profiles based upon the contours and the sketched alignments should be provided showing graphic trades, proposed lengths of vertical curves, limits of horizontal curves, and locations of bridges and major culverts.  Where streets are to be temporarily stubbed at side or plat boundaries, the profiles should extend sufficiently beyond the boundary to assure the feasibility of a future extension that can conform to standars.  (Code, 2002)

 

16.20.040   Supporting Documents Required.  Ten (10) copies of each of the following documents shall accompany the preliminary plan and be considered a part of the submission: (Code, 2002)

 

A.        A letter from each special district or utility company involved. addressed to the Planning Commission, stating that specific services and/or utilities are available, and they have reviewed the plan and are setting forth their comments concerning the extent of services and the design of utility easements.  (Code, 2002)

 

B.        An affidavit that the applicant is the owner, equitable owner, or authorized by the owner, in writing, to make application for the land proposed to be subdivided;  (Code, 2002)

 

C.        A list prepared by a licensed title or abstract company of all owners of record of property adjacent to the area of the proposed subdivision, including their addresses.  This information will be utilized for notification of meeting time and date;  (Code, 2002)

 

D.        Location, function. ownership and manner of maintenance of common open space not otherwise reserved or dedicated for public use;  (Code, 2002)

 

E.         The substance of all other covenants, grants of easements, or restrictions to be imposed upon the use of land, buildings, and structures;  (Code, 2002)

 

F.         Geologic maps and investigation report regarding area suitability for the proposed development;  (Code, 2002)

 

G.        Such additional information as may be required by the Planning Commission in order to determine that the subdivision can be constructed without an adverse effect on the surrounding area and, by reason of its location or design, will not cause an undue burden on public utilities and community facilities;  (Code, 2002)

 

            H.        Application for rezoning, if required, for the development of the subdivision;  (Code, 2002)

 

            I.          Any possible adverse environmental impact of the development;  (Code, 2002)

 

            J.         Summary statement of application;  (Code, 2002)

 

                        1.         Total development area;  (Code, 2002)

 

                        2.         Total number of proposed dwelling units;  (Code, 2002)

 

                        3.         Total number of square feet of non-residential floor space;  (Code, 2002)

 

                        4.         Total number of off-street parking spaces, excluding those associated with a single-family residential development;  (Code, 2002)

 

                        5.         Estimated total number of gallons per day of water system requirements; (Code, 2002)

 

                        6.         Estimated total number of gallons per day of sewage to be treated, and the proposed sewage treatment facility;   (Code, 2002)

 

                        7.         A list of all special districts involved.  (Code, 2002)

 

           16.20.050   Review by Planning Commission.

 

A.        When a preliminary plan has been officially accepted by the Town Clerk, it shall be placed on the agenda of the Planning Commission meeting for subdivision review within forty-five (45) days.  (Code, 2002)

 

B.        Review.  Notice shall be published once in a local newspaper of general circulation in the Town at least five (5) days and not more than thirty (30) days prior to Planning Commission review.  Adjoining property owners shall be given not less than ten (10) days' notice by certified and regular mail.  The copy of the preliminary plan filed with the Town Clerk shall be available for public viewing.  Anyone may submit written statements recommending approval or denial of the preliminary plan, stating the reasons therefor, to the Planning Commission on or before the date for Planning Commission review.  (Code, 2002)

 

16.20.060   Approval or Denial Conditions.  A preliminary plan shall be approved by the Planning Commission unless it finds that the preliminary plan fails to meet the requirements specified herein, or that the proposed subdivision is detrimental to the public health, safety, or  general welfare.  (Code, 2002)

 

16.20.070   Approval – Health, Safety, and Welfare Criteria.  Before approving the preliminary plan, the Commission shall determine that the subdivision:  (Code, 2002)

 

A.        Will be served by a public water system and will not create an unreasonable burden on the existing water supply;  (Code, 2002)

 

B.        Will be served by an adequate sanitation system that will not result in water pollution.  (Code, 2002)

 

C.        Will not cause soil erosion or a reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result;  (Code, 2002)

 

D.        Will not cause air pollution.  In making this determination, they shall consider land topography, prevailing winds or the absence thereof, increase in sources or quantity of emission as well as quality of such, and such other items as are deemed pertinent;  (Code, 2002)

 

            E.         Will not:

 

                        1.         Cause unreasonable street or highway congestion or unsafe conditions with respect to use of the streets or highways, existing or proposed;  (Code, 2002)

 

                        2.         Cause unreasonable burden on the ability of a school district to provide educational services;  (Code, 2002)

 

                        3.         Place an unreasonable burden on the ability of the Town or special districts to provide water, fire, police, and other services;  (Code, 2002)

 

           F.         Will not:

 

                        1.         Have an undue adverse effect on the scenic or natural beauty of the area. aesthetics, historic sites or rare and irreplaceable natural areas;  (Code, 2002)

 

                        2.         Have an undue adverse effect on open space.  (Code. 2002)

 

16.20.080   Burden of Proof for Subdivider.  The burden of proof shall be on the subdivider to show the reasonableness of his plan, the lack of adverse effect, and compliance with the elements of the public health, safety, and general welfare.  (Code, 2002)

 

16.20.090   Entry on Land for Investigations and Tests.  The Planning Commission, Town employees, and any agency or person retained by the Town for subdivision review assistance, may conduct such investigations, examinations, tests, and site evaluations as they deem necessary to verify information contained in the application. An applicant shall grant the Town, or its agents, permission to enter upon his land for these purposes.  (Code, 2002)

 

16.20.100   Planning Commission -- Decision.  The Planning Commission shall issue its findings and decision as to preliminary plan approval or denial no later than the next regularly scheduled meeting after the review meeting.  (Code, 2002)

 

            16.20.110   Denial of Plan – Notification, Review and Reapplication.  A denial of a preliminary plan shall contain in writing the specific reasons for denial.  A subdivider may, within six (6) months, resubmit the plan application, which shall include an affidavit to the Planning Commission that the deficiencies in the previous application have been corrected, without paying a new application fee.  The Town may, however, charge for the expenses of notice and any new investigation which may be necessary to review the reapplication.  A review shall be held within forty (40) days of acceptance of the reapplication, and upon at least twenty-five (25) days' notice to the adjoining property owners.  Any reapplication after six (6) months will require a new application fee.  (Code, 2002)

 

16.20.120   Appeals Procedure.  Upon denial by the Planning Commission, the subdivider may appeal, in writing, to the Town Board within thirty (30) days.  The appeal shall be submitted to the Town Clerk stating the reasons and facts supporting the appeal.  The Town Board shall conduct a review within thirty (30) days of filing of the appeal to determine whether the decision of the Planning Commission shall be upheld.  (Code, 2002)

 


 

Chapter 16.24

FINAL PLAT

 

 

Sections:

 

            16.24.010        Submittal Restrictions.

            16.24.020        Documents and Information Required.

            16.24.030        Drawing Requirements.

            16.24.040        Monuments and Bench Marks.

            16.24.050        Survey Certification.

            16.24.060        Supporting Documents Designated.

            16.24.070        Drawings for Utilities, Grading, Erosion Control, and Other Work.

            16.24.080        Certificate of Title.

            16.24.090        Dedications – Existing Easements.

            16.24.100        State Highway Permit.

            16.24.110        Utility Services Statements.

            16.24.120        Summary Statement on Total Development.

            16.24.130        Deed Restrictions.

            16.24.140        Record of Monuments.

            16.24.150        Certification Forms.

            16.24.160        Review Procedures – Date.

            16.24.170        Review Procedures – Planning Commission Determination.

            16.24.180        Review by Town Board.

            16.24.190        Recordation Requirements.

            16.24.200        Certified Plat – Copies for Referral.

            16.24.210        Resubdivision – Procedures.

 

 

16.24.010   Submittal Restrictions.  Copies of all required material shall be submitted to the Town Clerk by the subdivider or his authorized representative a minimum of one week prior to the Planning Commission meeting.  No final plat shall be approved by the Planning Commission until the subdivider has complied with the requirements and submitted the supporting documents, as provided herein.  Final plats shall be submitted for approval within twelve months (12) of the date a preliminary plan has been approved by the Planning Commission. No final plat submission shall be accepted which has exceeded this time lapse period unless an extension of time has been granted.  An extension of time may be granted by the Planning Commission upon written request of the subdivider.  Any plat submitted for which preliminary plan approval has been given in excess of twelve (12) months previous and for which no time extension has been granted shall be considered as a new preliminary plan. The final plat shall conform to the approved preliminary plan, and shall also contain the requirements of these regulations.  (Code, 2002)

 

 

            16.24.020   Documents and Information Required.

 

A.        The final plat submission shall conform in all major respects to the preliminary plan as previously -reviewed and approved by the Planning Commission. and shall incorporate all modifications required in its review. The Planning Commission, however, may approve a final plat which has been modified to reflect improvements in design or changes which have occurred since the time of the preliminary plan review and approval.  (Code. 2002)

 

B.        A final plat may be submitted in sections covering representative and reasonable portions, as defined by the Planning Commission, of the subdivision tract.  In such cases, submission shall include a map indicating the sections designated for the entire tract, and each sheet numbered accordingly, and include title, legend, match lines, and other appropriate information.  (Code, 2002)

 

C.        The following shall be included:

 

                        1.         All required supporting documents required for a preliminary plan.  (Code, 2002)

 

                        2.         Ten black-an-white or blue-an-white prints of the final plat;  (Code, 2002)

 

                        3.         The original reproducible drawing of the final plat prepared in accordance with the requirements of these regulations;  (Code, 2002)

 

                        4.         A check payable to the Town of Nunn for review and filing fees for a final plat as established by fee schedule established by resolution of the Town Board.  (Code, 2002)

 

D.        No subdivision shall be approved until such data, surveys, analyses, studies, plans, and designs have been submitted and reviewed by the Planning Commission and found to meet all sound planning and engineering requirements of the Town and the conditions contained in these subdivision regulations, and all other applicable ordinances of the Town.  The minimum data required for final plat review are as follows:  (Code, 2002)

 

                        1.         Street construction plans and profiles;  (Code, 2002)

 

                        2.         Final drainage plans and reports; (Code, 2002)

                       

                        3.         Final utility plans and profiles.  (Code, 2002)

 

E.         A receipt shall be issued to the subdivider, or his authorized representative, for the final plat submission when it has been determined that the submission included all the requirements set forth in these regulations.  (Code, 2002)

 

16.24.030   Drawing Requirements.  The final plat drawing shall comply with the following standards:  (Code, 2002)

 

A.         The plat shall be prepared and certification made as to its accuracy by a registered land surveyor licensed to do such work according to the state.  A workmanlike execution of the plat shall be made in every detail.  A poorly drawn or illegible plat is sufficient cause for its rejection.  (Code, 2002)

 

B.        The plat shall be delineated in drawing ink on waterproof tracing cloth or mylar at a scale of one inch equals one hundred feet (1" = 1 00') in the following size:  Twenty-four inches high by thirty-six inches wide.  (Code, 2002)

 

C.        The bearings, distances, and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside, with the lot dimensions.  When the plat is bounded by an irregular shoreline or a body of water, the bearings and distances of a closing meander traverse should be given, and a notation made that the plat included all land to the water's edge or otherwise.  (Code, 2002)

 

D.        If plat is revised, a copy of the old plat shall be provided for comparison purposes.  (Code, 2002)

 

E.         All blocks, and all lots within each block, shall be consecutively numbered.  (Code, 2002)

 

            F.         On curved boundaries and all curves on the plat, sufficient data shall be given to enable the re-establishment of the curves on the ground.  This curve data shall include the following for circular curves;  (Code, 2002)

 

                        1.         Radius of curve;  (Code, 2002)

 

                        2.         Central angle;  (Code, 2002)

 

                        3.         Tangent;  (Code, 2002)

 

                        4.         Arc length;  (Code, 2002)

 

                        5.         Notation of non-tangent curves.  (Code, 2002)

 

            G.        Excepted parcels shall be marked “Not included in this subdivision” and the boundary completely indicated by bearings and distances.  (Code, 2002)

 

            H.        All streets, walkways, and alleys shall be designated as such, and streets shall be named; bearings and dimensions must be given.  (Code, 2002)

 

            I.          All easements shall be designated as such and bearings and dimensions given.  (Code, 2002)

 

J.         All lands within the boundaries of the plat shall be accounted for either as lots, walkways, streets, alleys, public areas (such as school sites, parks. or common areas), or excepted parcels.  (Code, 2002)

 

            K.        All dimensions of irregularly shaped lots shall be indicated in each lot.  (Code, 2002)

 

L.         Bearings and lengths shall be given for all lot lines; except that bearings and lengths need not be given for interior lot lines where the bearings and lengths are the same as those of both end lot lines.  (Code, 2002)

 

M.         Parcels not contiguous shall not be included in one plat nor shall more than one plat be made on the same sheet.  Contiguous parcels owned by different parties may be embraced in one plat, provided that all owners join in the dedication and acknowledgment.  (Code, 2002)

 

N.         Lengths shall be shown to hundredths of a foot and angles and bearings shall be shown to second of arc.  (Code, 2002)

 

            O.        The information on the plat shall include:  (Code, 2002)

 

                        1.         Name of subdivision, astronomic North arrow and basis thereof, and date; (Code, 2002)

 

                        2.         Name and address of owner or owners of record;  (Code, 2002)

 

                        3.         Total acreage of the subdivision and total number of lots;  (Code, 2002)

 

                        4.         Township, Range, Section (and Quarter Section if portion of a Section), Principal Meridian, block and lot numbers;  (Code, 2002)

 

                        5.         The area of each lot shall be shown in square feet.  (Code, 2002)

 

           16.24.040   Monuments and Bench Marks.

 

A.        Permanent reference monuments shall be set on the external boundary of the subdivision.  (Code, 2002)

 

B.        Block and lot monuments shall be set.  (Code, 2002)

 

C.        At least one second order bench mark (Geodetic Survey Datum) shall be set, where practical to tie in, within every subdivision or subsequent filing prior to submission of the final plat for approval.  (Code, 2002)

 

16.24.050   Survey Certification.  The surveyor making a plat shall certify on the plat that it conforms to these regulations and to all applicable state laws, and that the monuments described in it have been placed as described.  He shall affix his name and seal.  (Code, 2002)

 

16.24.060   Supporting Documents Designated.  Submitted with the final plat drawing and considered a part of the final plat submission shall be the following documents as set out in the following sections 7 through 16.  (Code, 2002)

 

16.24.070   Drawings for Utilities, Grading,. Erosion Control and Other Work.

 

A.        Drawings showing layout, profile, computations, and detail design of the following, prepared in compliance with the design standards specified in these regulations. shall be submitted:  (Code, 2002)

 

                        1.         All utilities and necessary easements, such as water, sewer, gas, electric, telephone, etc., as applicable;  (Code, 2002)

 

                        2.         Plan, profile, and typical cross-section drawings of streets, bridges, culverts, and other drainage structures;  (Code, 2002)

 

                        3.         Grading and drainage plan, indicated by solid line contours superimposed on dashed-line contours of existing topography for the area of the final plat.  Such contours shall be at five-foot contours for predominant ground slopes within the tract over five percent (5%) grade.  (Code, 2002)

 

                        4.         Erosion control plan, both during construction and after structures have been built, to be submitted as a result of preliminary plan review.  The erosion control plan may be incorporated into the landscape plan or drainage plan.  (Code, 2002)

 

B.        These drawings shall be prepared by either a registered professional engineer or registered land surveyor, as required by the laws of the state, and shall be in conformance with the engineering criteria as provided by these regulations and other applicable ordinances.  (Code, 2002)

 

            16.24.080   Certificate of Title.  A copy of a certificate of title issued by a title insurance company or an attorney's opinion of the title shall be submitted which shall set forth the names of all owners of property included in the final plat and shall include a list of all mortgages, judgments, liens, easements, contracts and agreements of record which affect the property covered by such plats.  If the opinion of title discloses any of the above, then, at the option of the Planning Commission, the holders or owners of such mortgages, judgments, liens, easements, contracts or agreements shall be required to join in and approve the application before the plat shall be acted upon by the Town Board.  (Code. 2002)

 

16.24.090   Dedications -- Existing Easements.  Where a portion of an existing easement is contiguous to a proposed easement or right-of-way of a new subdivision, proof of the dedication of the existing easement or right-of-way acceptable to the Planning Commission must be submitted.  (Code, 2002)

 

16.24.100   State Highway Permit.  When a new street will intersect with a state highway, a copy of the state highway permit shall be submitted.  (Code, 2002)

 

16.24.110   Utility Service Statements.  Statements from gas, electric, telephone, and other necessary utilities that service will be provided to the subdivision shall be submitted.  (Code, 2002)

 

16.24.120   Summary Statement on Total Development.  A summary statement of the proposal with the following information shall be submitted:  (Code, 2002)

 

            A.        Total development area; (Code, 2002)

 

            B.        Total number of proposed dwelling units;  (Code, 2002)

 

            C.        Total number of square feet of non-residential floor space;  (Code, 2002)

 

D.        Total number of off street parking spaces, excluding those associated with single- family residential development;  (Code, 2002)

 

E.         Estimated total number of gallons per day of water system requirements, and other relative characteristics of water usage such as irrigated land area, daily and weekly peak flows, etc.;  (Code, 2002)

 

            F.         Estimated total of number of gallons per day and estimated pounds per day of BOD content of sewage to be treated. Peak flows or unusual characteristics such as industrial waste requiring pre-treatment shall be reported when applicable.  (Code, 2002)

 

16.24.130   Deed Restrictions.  Copies of deed restrictions to govern the future use of each lot and any common land shall be submitted.  (Code, 2002)

 

16.24.140    Record of Monuments.  A monument record for required bench marks and closure sheets for the entire tract included in the plat and for each block in the tract shall be submitted.  (Code, 2002)

 

16.24.150   Certification Forms.  The final plat shall contain the following certificates:  (Code, 2002)

 

            A.        Certification of Dedication and Ownership.  

 

            Know all mean by these presents that _____________________ being the owner(s), mortgagee, or lienholder of certain land in Nunn, Colorado, described as follows:

 

            Beginning ________________________________ Containing ___________ acres more or less, have by these presents laid out, platted, and subdivided the same into lots and blocks, as shown on this plat, under the name and style of, and do hereby dedicate to the public all ways and other public rights-of-ways and easements for purposes shown hereon.

 

            Executed this _____ day of ___________________, A.D., 20______.

 

                                                                        Owner(s), Mortgagees or Lienholder

 

                                                                        __________________________________________

 

            The foregoing dedication was acknowledged before me this _____ day of ________________ A.D., 20_____.

 

            Witness my hand and seal.

 

                                                                        __________________________________________

                                                                        Notary Public

 

            My commission expires:

 

            B.        Surveying Certificate.   (Code, 2002)

 

            I, _________________________________, a Registered Professional Land Surveyor in the State of Colorado, do hereby certify that the survey represented by this plat was made under my supervision and the monuments shown thereon actually exist and this plat accurately represents said survey.

 

                                                                        By:_____________________________________

                                                                                    Registered Land Surveyor

 

            C.        Planning Commission Certificate.  (Code, 2002)

 

            This plat was approved by the Nunn Planning Commission this _____ day of _______________________, A..D., 20_____.

 

            D.        Certificate of Approval by the Town Board.  (Code, 2002)

 

            Approved by the Board of Trustees of Nunn, Colorado, this _____ day of _________________, A.D., 20_____.

 

                                                                                    __________________________________

                                                                                    Mayor

Attest:

 

______________________________________

            Town Clerk

 

            E.         Recorder’s Certificate.  (Code, 2002)

 

            This plat was filed for recording in the office of the County Clerk and Recorder of Weld County at __________ M., on ___________________, the _____ day of _________________, A.D., 20_____, in Book ___________, Page ____________, Map ________________, Reception No. ____________________.

 

                                                                                    __________________________________

                                                                                    County Clerk and Recorder

                                                                                    By:_______________________________

                                                                                                Deputy

 

16.24.160   Review Procedures -- Date.  When a final plat has been received, it shall be acted upon by the Planning Commission at a regularly scheduled meeting within thirty (30) days or another mutually agreed upon period of time.  (Code, 2002)

 

            16.24.170   Review Procedures -- Planning Commission Determination.

 

A.        The Planning Commission shall review the final plat at a regularly scheduled public meeting.  The Planning Commission may require or recommend changes or modifications to the final plat in the public interest. If the final plat and all supplementary data and any requested changes and modifications comply with the applicable requirements of these regulations, the Planning Commission shall endorse on the plat in the space provided.  (Code, 2002)

 

B.        The only basis for rejection of a final plat shall be its non-conformance to adopted rules, regulations and ordinances currently in force and affecting the land and its development in the Town, its lack of conformance with the approved preliminary plan, and changes required in the public interest.  (Code, 2002)

 

16.24.180   Review by Town Board.  The Town Board shall review the final plat within thirty (30) days of receipt of review by the Planning Commission, at a regularly scheduled public meeting.  If the Town Board determines that the final plat submission and any recommended modifications comply with the applicable requirements of these regulations, it shall endorse its approval on the plat in the space provided.  (Code, 2002)

 

            16.24.190   Recordation Requirements.

 

A.        The Town Clerk shall record the final plat with the Weld County Clerk and Recorder within five (5) working days of approval of the final plat by the Town Board.  (Code, 2002)

 

B.        The Town Clerk shall furnish the subdivider with a receipt for the final plat upon filing of the final plat.  (Code, 2002)

 

16.24.200   Certified Plat -- Copies for Referral.  The Town Clerk shall provide an adequate number of copies of the certified plat, together with the official notification of the action,  to be distributed as follows:  (Code, 2002)

 

A.        One copy to Town files;  (Code, 2002)

 

B.        One copy to subdivider.  (Code, 2002)

 

16.24.210   Resubdivision Procedures.

 

A.        Resubdivision of land or changes to a recorded plat shall be considered a subdivision, and it shall comply with these regulations, with the following exceptions.  Lot lines may be revised from those shown on the recorded plat, provided that in making such changes: (Code, 2002)

 

                        1.         No lot or parcel of land shall be created or sold that is less than the minimum requirements for area or dimension as established by these regulations, the zoning ordinance, or other applicable regulations or ordinances.  (Code, 2002)

 

                        2.         Drainage easements or rights-of-way reserved for drainage shall not be changed unless supported by complete engineering data;  (Code, 2002)

 

                        3.         Street locations and street rights-of-way shall not be changed; and (Code, 2002)

 

                        4.         The plat shall not be altered in any way which will adversely affect the character of the plat filed.  (Code, 2002)

 

B.        A copy of all final plat revisions shall be resubmitted to the Planning Commission and the Town Board for their review.  (Code, 2002)

 

            C.        Where the resubdivision complies with the appropriate requirements of these regulations, a plat indicating the resubdivision shall be submitted to the Planning Commission and the Town Board for their endorsements prior to the filing of such plat with the Weld County Clerk and Recorder.  Such plats shall specifically indicate the revisions being made compared to the previously recorded plat.  (Code, 2002)

 


 

Chapter 16.28

PLANNED UNIT DEVELOPMENT

 

 

Sections:

 

           16.28.010         Purpose of Planned Unit Development, Districts – Building Codes Not Affected.

           16.28.020         State Provisions Superseded – Exception.

           16.28.030         Size – Development According to Plan – Ownership – Uses – Trade Off of Setbacks sand Yards for Open Spaces.

           16.28.040         Site Requirement – Waiver Permitted When.

           16.28.050         Zoning a PUD – Required for Planned Unit Development and Limited Thereto.

           16.28.060         Zoning as PUD – Requirements.

           16.28.070         Conceptual Plan – Contents.

           16.28.080         Simultaneous PUD Plan and Zoning Approval.

           16.28.090         Zoning and PUD Plan Approval Required Before Development.

           16.28.100         PUD Plan – Contents.

           16.28.110         Application for PUD Plan Approval – Signatures Required – Contents.

           16.28.120         Scheduling Planning Commission Hearing.

           16.28.130         Review for Building and Fire Code Compliance – Effect of Noncompliance – Approval not to Affect Building Code.

           16.28.140         Planning Commission Hearing – Report – Access to Reports by Parties in Interest.

           16.28.150         Town Board Hearing – Scheduling – Notice.

           16.28.160         Town Board Hearing – Purpose – Parties in Interest.

           16.28.170         Town Board Decision – Deadline – Form – Reasons to be Included.

           16.28.180         Evaluation Criteria of Public Interest and Safeguards to Public Landowners.

           16.28.190         Approval by Town Board – Grounds – Non-Conformance of Plan to Conceptual Plan is Grounds for Denial.

           16.28.200         Approval by Town Board – Simultaneous Zoning and Plan Requests.

           16.28.210         Approval by Town Board – Approval Document.

           16.28.220         Disapproval by Town Board – Zoning Initiation and Request of Landowner.

           16.28.230         Conformance to Approval Document Required – Review of Plans and Specifications Therefor as Building Permit Requirement.

           16.28.240         Non-Compliance with Approval Document Unlawful.

           16.28.250         Uses and Densities in Completed PUD to Conform to Approval Document – Non-Conformance Unlawful.

           16.28.260         Buyers After Approval Document is Recorded are Subject to It.

           16.28.270         Open Space and Common Areas – State Maintenance and Upkeep Provisons Apply.

 

 

16.28.010   Purpose of Planned Unit Development. Districts -- Building Codes Not Affected.  This Chapter is intended to allow for the development of land in a way which might not be permitted under traditional zoning regulations. It is anticipated that this Chapter will permit developments which will preserve the natural and scenic features of large open areas by arranging buildings and homes in innovative ways, thereby promoting the public interest while at the same time providing an efficient use of land.  It is not the purpose of this Chapter to modify or in any way vary or reduce the requirements of any building or fire code.  (Code, 2002)

 

            16.28.020   State Provisions Superseded -- Exception.  This Chapter is intended to supersede the provisions of and prevent the application in this Town of the Planned Unit Development Act of 1972, (Article 67 of Title 24, C.R.S., 1973) except as provided in Section 16.28.270.  (Code, 2002)

 

16.28.030   Size -- Development According to Plan -- Ownership -- Uses -- Trade Off of Setbacks and Yards for Open Spaces.   A Planned Unit Development (PUD) is an area of land at least two acres in size which is developed according to a plan devised by the landowner and approved in advance by the Town.  The area mayor may not be divided geographically into separately owned parcels, as the landowner determines, but, in any event, at least part of the area must be co-owned in undivided interests and be available for park or recreational use by persons living or working in the PUD.  The Town Board may authorize residential uses and commercial uses in the same PUD and conceivably light industrial uses may be allowed in PUD’s.  Typically, the Town Board will not require setbacks or yards for individual buildings, and in return the landowner will set aside substantial areas of open space.  (Code, 2002)

 

16.28.040   Site Requirement -- Waiver Permitted When.  Upon the specific request of the landowner or upon the recommendation of the Planning Commission or upon the motion of the Town Board, the two-acre minimum requirement may be waived if, after considering the land use requested, the Town Board finds that such waiver would be beneficial to the Town and foster the objectives of this regulation and the Nunn Comprehensive Plan.  (Code, 2002)

 

            16.28.050   Zoning a PUD -- Required for Planned Unit Development and Limited Thereto.  Land areas are eligible for PUD development only if the area has been zoned as a Planned Unit Development District. Conversely, the only development permitted in a Planned Unit Development District is that done pursuant to an approved PUD plan.  (Code, 2002)

 

16.28.060   Zoning as PUD -- Requirements.  Land area shall be zoned as Planned Unit Development District only upon the application of each landowner of the area and only if the Town Board has concluded on the basis of a conceptual plan submitted by the landowner.  (Code, 2002)

 

16.28.070   Conceptual Plan -- Contents.  The conceptual plan shall indicate the types of land uses, the general location and number of buildings and other structures, the general location and dimensions of open areas, the general location of internal streets and walkways, and the style of architecture proposed.  (Code, 2002)

 

16.28.080   Simultaneous PUD Plan and Zoning Approval Request Permitted.  A landowner may apply to have an area zoned as a Planned Unit Development District and at the same time apply for approval of a PUD plan.  (Code, 2002)

 

16.28.090   Zoning and PUD Plan Approval Required Before Development.  A land area shall not be developed as a PUD until the area has been zoned as a Planned Unit Development District and until a PUD plan has been approved.  (Code, 2002)

 

16.28.100   PUD Plan -- Contents.  The PUD plan is a comprehensive plan submitted to the Town in advance of development, projecting the development and use of an area of land, showing in detail the types and designs of buildings, the uses to which buildings will be put, the locations of the buildings and the location and designs of streets, lanes, parking areas, parks and other open areas.  The plan consists of the application for PUD approval, all information, maps, and other data submitted with the application, and all testimony and exhibits presented by the applicant at hearings held in conjunction with PUD approval.  (Code, 2002)

 

16.28.110   Application for PUD Plan Approval -- Signatures Required -- Contents.   The process of seeking approval for a PUD plan shall be initiated by the submission of a written application to the Town Clerk.  The application shall be signed by each landowner of the land included in the proposed PUD.  The application form shall require all of the following information, data, and documents:  (Code, 2002)

 

A.        The legal description of the area;  (Code, 2002)

 

B.        A survey plat showing the outer boundaries of the area and showing elevation coutours at two-foot intervals;  (Code, 2002)

 

C.        A site plan showing the location of all buildings, signs, streets, lanes, parking areas, parks, open areas, recreational facilities and all other improvements; the site plan shall show the  dimensions of all structures, streets, parking areas, and recreational facilities, and shall show the distances between structures and boundary lines;  (Code, 2002)

 

            D.        Preliminary drawings of all buildings, with elevations;  (Code, 2002)

 

            E.         A landscape plan showing the location of landscaped areas and containing a narrative statement describing how the area will be landscaped;  (Code, 2002)

 

F.         A preliminary engineering plan for streets, sidewalks, lanes, utility lines, and drainage facilities;  (Code, 2002)

 

G.        An indication of the location, height, and size of proposed signs, lighting and advertising devices;  (Code, 2002)

 

H.        A narrative statement of how each building and structure will be used, the volume of business expected to be conducted at any commercial or industrial establishment, the number of dwelling units in each building, and all other information calculated to disclose, to the extent possible, the uses to which the area will be put and the impact of those uses on the area and on  land adjoining the area;  (Code, 2002)

 

I.          A statement of how the co-owned area will be managed, used and maintained, and including a projected budget for a reasonable period of time for the operation and maintenance of such areas;  (Code, 2002)

 

J.         A preliminary development schedule.  (Code, 2002)

 

16.28.120   Scheduling Planning Commission Hearing.  The Town Clerk shall schedule a date for a public hearing on the application before the Planning Commission at a regular or special meeting.  The hearing shall be scheduled as soon as practicable, considering the business demands of the Planning Commission, but, in any case, within forty-five (45) days of the filing of the application.  (Code. 2002)

 

16.28.130   Review for Building and Fire Code Compliance -- Effect of Non-Compliance -- Approval Not to Affect Building Code Enforcement.  The application and supporting documentation shall be reviewed to determine whether the proposed construction would appear to violate applicable building or fire codes.  If it is determined that the proposed construction would violate any applicable building or fire code, no further processing of the application shall occur until the application has been changed by the applicant to eliminate the prospective violations.  The fact that the evaluation report detects no prospective building or fire code violations shall not affect the right and responsibility of the Town to strictly enforce the requirements of applicable building or fire codes in later reviewing final construction plans and specification in connection with building permit applications.  (Code, 2002)

 

            16.28.140   Planning Commission Hearing -- Report -- Access to Reports by Parties in Interest.  The Planning Commission shall review the application and supporting documentation at a public hearing.  The Planning Commission shall, if it recommends approval, recommend any conditions and safeguards which it feels should be imposed on the landowner.  (Code, 2002)

 

            16.28.150   Town Board Hearing -- Scheduling -- Notice.  The Town Board shall review the application and supporting documentation at a regular or special hearing occurring within ninety (90) days of the filing of the application.  The Town Clerk shall prepare a notice of the hearing, giving the date, time and place of the hearing and the area involved, and inviting attendance at the hearing.  The notice shall be published one time in a newspaper of general circulation in the Town at least ten (10) days before the hearing, or posted in three (3) public locations.  The Town Clerk shall cause at least two signs containing the same information as contained in the notice to be posted at the site.  The posted signs shall be located so as to be reasonably calculated to give notice to persons occupying land in the neighborhood and shall be in place during ten (10) or more days immediately before the hearing.  (Code, 2002)

 

            16.28.160   Town Board Hearing – Purpose – Parties in Interest Defined – Conduct -- Consideration of Reports.  The hearing before the Town Board shall be conducted to give parties in interest an opportunity to present arguments and evidence favoring or opposing the application.  The term "parties in interest" includes any of the landowners applying for PUD approval any person or persons selected by them to present their position. any individuals owning or occupying land in the neighborhood surrounding the proposed POD if such land, in the judgment of the Board, probably would be affected by the POD, and any persons selected by such owners or occupiers of neighboring land to present their position.  The Board may limit the number of persons presenting arguments and evidence in order to avoid unnecessary duplication.  The Board may adopt procedural rules for the conduction of such hearings.  (Code, 2002)

 

            16.28.170   Town Board Decision - - Deadline --Form -- Reasons to be Included.  Within thirty (30) days following the last public hearing or within thirty (30) days following the public hearing or within thirty (30) days following the last public hearing if more than one is held, the Town Board shall decide for or against approval of the PUD plan.  The decision shall state, with as much particularity as is reasonably practicable, the reasons for the approval or disapproval of the PUD plan.  (Code, 2002)

 

            16.28.180   Evaluation Criteria of Public Interest and Safeguards to Public Landowners.  The basic criterion for the Town Board to consider in judging a PUD plan is whether it would or would not serve the public interest and whether the self-regulating aspects of the proposed PUD would or would not provide safeguards to the public and to the persons owning and occupying the land area of the PUD, which would be approximately equivalent to the area of safeguards provided by the Town of Nunn Subdivision Regulations.  In making that determination, the Town Board shall consider the proposed PUD in terms of compatibility of land uses within the PUD and between those in the neighborhood and those proposed for the PUD, traffic, appearance and recreational potentials, the likelihood that the PUD will achieve the objectives described in this section, and any other matters which the Town Board determines will be relevant in making its decision.  (Code, 2002)

 

            16.28.190   Approval by Town Board -- Grounds -- Non-Conformance of Plan to Conceptual Plan is Grounds for Denial.  The Town Board shall approve the PUD plan if it concludes that the PUD will promote the public interest, will achieve the basic objectives of these regulations, and will not injure the legitimate concerns of the citizens of the Town in general and of the persons living and working in the surrounding neighborhood in particular. The Town may, however, deny approval to a PUD plan solely on the basis that it fails to sufficiently conform to the conceptual plan on the basis of which the Planned Unit Development District Zoning was granted.  (Code, 2002)

 

            16.28.200   Approval by Town Board -- Simultaneous Zoning and Plan Requests.  In cases where the landowner applies to have an area zoned as a Planned Unit Development District and at the same time applies for approval of a PUD plan, the Town Board may approve the zoning application but deny approval of the specific PUD plan proposed.  (Code. 2002)

 

16.28.210   Approval bv Town Board -- Approval Document.  If the Town approves the PUD plan, the Town Board shall direct the preparation by the Town Attorney of an approval document.  The purpose of the document shall be to identify and describe, in as much detail as possible, all aspects of the PUD plan as approved.  An additional purpose of the approval document will be to set forth any conditions and undertakings which the landowner must satisfy in the course of construction and development.  After such document has been executed, the Town Clerk shall cause the approval document, or an abbreviated form of it, to be recorded in the real estate records of Weld County, Colorado.  (Code, 2002)

 

16.28.220   Disapproval bv Town Board -- Zoning Initiation at Request of Landowner.  If a PUD plan is disapproved by the Town Board, the Town Board shall thereupon. if requested by the landowner, initiate a zoning amendment procedure to place the land in an appropriate zoning district other than the Planned Unit Development District.  (Code, 2002)

 

16.28.230   Conformance to Approval Document Required -- Review of Plans and Specifications Therefor as Building Permit Requirement.  All construction and other activity on land in a PUD shall be in strict conformity to the approval document.  Only if that determination is made favorably to the applicant may building permits be issued.  The mistaken issuance of any building permit shall not constitute the waiver of the requirements and limitations of the approval document.  (Code, 2002)

 

16.28.240   Non-Compliance With Approval Document Unlawful.  Any construction or other activity which is not in strict compliance to the approval document shall constitute an unlawful act.  (Code, 2002)

 

16.28.250   Uses and Densities in Completed PUD to Conform to Approval Document -- Non-Conformance Unlawful.  After completion of all construction and other development of a PUD, the buildings and land shall be used for activities authorized by the approval document, and at density levels specified therein, and any contrary use or activity shall be an unlawful act.  (Code, 2002)

 

            16.28.260   Buyers After Approval Document is Recorded Are Subject To_It.  By acquiring any ownership or possessory interest in land included in a PUD after an approval document or an abbreviated form thereof has been recorded in the real estate records of Weld County, Colorado, an individual becomes obligated to comply with the requirements and limitations of the approval document as though such person has been a landowner at the time the approval document was issued.  (Code, 2002)

 

16.28.270   Open Space and Common Areas -- State Maintenance and Upkeep Provisions Apply.  It is declared that this title shall not supersede the Planned Unit Development Act of 1972, appearing as Article 67 of the Title 24, C.R.S., 1973, with respect to the provisions of that act pertaining to the continued maintenance and upkeep of open space and other commonly owned areas and the consequences of failing to maintain such areas. In all other respects, these regulations supersede said act.  (Code, 2002)

 


 

Chapter 16.32

DESIGN STANDARDS

 

 

Sections:

 

            16.32.010        Compliance with Regulations.

            16.32.020        General Standards.

            16.32.030        Street Plan and General Requirements.

            16.32.040        Street Names.

            16.32.050        Streets – Curvature and Alignment.

            16.32.060        Frontage Near Major Highways.

            16.32.070        Block Standards.

            16.32.080        Lot Sizes and Standards.

            16.32.090        Easements.

            16.32.100        Alleys.

            16.32.110        Driveways.

            16.32.120        Water Supply.

            16.32.130        Storm Drainage System – Requirements.

            16.32.140        Aquifers – Construction Restrictions.

            16.32.150        Floodplain Use Restrictions.

            16.32.160        Partial Development of a Parcel.

            16.32.170        Fire Safety Requirements.

            16.32.180        Street Lights.

 

 

            16.32.010   Compliance with Regulations.  No final plat shall be approved unless it complies with the standards set out in this Chapter.  (Code, 2002)

 

            16.32.020   General Standards. 

 

            A.        The design and development of subdivisions shall preserve, insofar as it is possible, the natural terrain, natural drainage, existing topsoil, and trees.  (Code, 2002)

 

            B.        Land subject to hazardous conditions, such as landslides, mudflows, rock falls, snow drifts, shallow water table, open quarries, floods, and polluted or non-potable water supply, shall be identified and shall not be subdivided until the hazards have been eliminated or will be eliminated by the subdivision and construction plans.  (Code, 2002)

           

C.        Provision shall be made to preserve groves of trees, streams, unusually attractive  topography, and other desirable natural landscape features.  (Code, 2002)

 

            D.        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.  (Code, 2002)

 

E.         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 are necessary, the subdivider shall make provision to offset higher net public cost or earlier incursion of public costs of installation, operation and maintenance, and anticipated revenue derived from the fully developed subdivision in determining added net public cost.  (Code, 2002)

 

            16.32.030   Street Plan and General Requirements.

 

A.        Street Plan.  The arrangement extent, width, type and location of all streets shall be designed in relation to existing or planned streets, to topographic conditions, to public convenience and safety, and in relation to the proposed use of land to be served.  Streets shall be extended to the boundaries of the property, except where such extension is prevented by the topography or other physical conditions or where the connection of streets with existing or probable future streets is deemed unnecessary for the advantageous development of adjacent properties.  All building sites shall have access to a public street.  (Code, 2002)

 

B.          Stub Streets.  Stub streets or extensions of new streets must be provided to connect to existing stub streets for an efficient street system.  Not more than six (6) lots shall front on a stub street except where a temporary turnaround is provided.  (Code, 2002)

 

            C.        Right-of-way Width.  Streets shall have a 60 foot right-of-way width.  (Code, 2002)

 

            D.        Half-streets.  Half streets shall not be permitted unless:  (Code, 2002)

 

                        1.         They are required to complete a half-street already in existence. (Code, 2002)

 

                        2.         They are required to extend an existing street.  (Code, 2002)

 

            E.         Dead End Streets.  (Not cul-de-sacs) Dead end streets shall not be permitted.  (Code, 2002)

 

            F.         Cul-de-sac Streets.  Permanent cul-de-sac streets not exceeding four hundred (400) feet in length may be permitted and must be provided with a right-of-way radius at the turnaround of sixty-five (65) feet or more.  Radius of roadway must be fifty-five (55) feet or more.  (Code, 2002)

 

            G.        Number of Streets at Intersection.  No more than two (2) streets shall intersect at one point.  (Code, 2002)

 

            H.        Angle of Street Intersection.  Streets shall intersect at ninety degrees, except where this may be impractical.  Angles of less than ninety degrees may be designed, subject to the approval of the Planning Commission.  (Code, 2002)

 

I.           Centerlines of Intersecting Streets.  Two streets meeting a third street from opposite sides shall meet at the same point or their centerlines shall be offset at least two hundred (200) feet.  This requirement shall not apply to the alignment of opposing cul-de-sac streets. (Code, 2002)

 

16.32.040   Street Names.  Streets shall have the names of existing streets which are in alignment in the Town.  There shall be no duplication of street names within the area.  The subdivider shall bear full costs for material and installation of street signs.  (Code, 2002)

 

            16.32.050   Streets -- Curvature and Alignment.

 

            A.        To ensure adequate sight distances, when street roadway lines deflect more than five degrees, connection shall be made by horizontal curves.  The minimum centerline radius for streets shall be one hundred (100) feet.  (Code, 2002)

 

            B.        Vertical Curves.

 

                        1.         Vertical curves shall be used at changes of grade exceeding one percent (1 %), and shall be designed to provide minimum sight distances of two hundred (200) feet.  (Code, 2002)

 

                        2.         No vertical grade shall be less than 0.2 percent in order to facilitate adequate drainage.  (Code, 2002)

 

                        3.         Maximum percent of street grade shall be eight percent (8%).   (Code, 2002)

 

                        4.         Where a horizontal curve occurs on a grade of five percent (5%), the maximum allowable percent of grade on the curve shall be reduced by 0.5 percent of each fifty (50) feet that the curve radius is less than four hundred (400) feet.  (Code, 2002)

 

                        5.         Street grades shall not exceed 4.0 percent for a distance extending at least forty (40) feet in each direction from a street intersection.  (Code, 2002)

 

16.32.060   Frontage Near Major Highways.  Where a residential subdivision abuts a major highway, service roads may be required. A subdivision that adjoins or contains an existing or proposed freeway or arterial provided in the Comprehensive Plan may be required to provide service roads at least thirty-six (36) feet in roadway width with a sixty foot (60) right-of-way width.  (Code, 2002)

 

16.32.070   Block Standards.  The lengths, widths, and shapes of blocks shall be determined with due regard to the following:  (Code, 2002)

 

A.        Provisions of adequate building sites suitable to the special needs of the type of use contemplated;  (Code, 2002)

 

B.        Requirements of the Zoning Ordinance as to lot size and dimensions;  (Code, 2002)

 

C.        Need for convenient access, control, and safety of vehicular and pedestrian traffic circulation, and of emergency vehicles; (Code, 2002)

 

D.        Limitations and opportunities of topography;  (Code, 2002)

 

E.         Maximum block length between intersecting streets shall be one thousand five hundred (1,500) feet.  (Code, 2002)

 

16.32.080   Lot Sizes and Standards.

 

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.  No lot shall be more than three times as long as it is wide. (Code, 2002)

 

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 or planting area, and

loading areas required by the type of use and development contemplated. (Code, 2002)

 

            C.        Lots.

 

                        1.         Town and County Boundaries.  No single lot shall be divided by a municipal or county boundary line. (Code, 2002)

 

                        2.         No Separation by Roads.  A lot shall not be divided by a road, alley, or other lot.  (Code, 2002)

 

                        3.         Access.  Each lot shall be provided with satisfactory access to an existing public street.  (Code, 2002)

 

                        4.         Corner Lots.  Corner lots for residential use shall have extra width to accommodate the required building setback line on both street frontages.  (Code, 2002)

 

                        5.         Wedge Shaped Lots.  In the case of wedge-shaped lots, no lot shall be less than thirty (30) feet in width at the front property lines.  (Code, 2002)

 

                        6.         Lot Lines.  Side lot lines shall be at substantially right angles and radial to curved streets.  Where lot lines are not at right angles to the street lines, this shall be indicated.  (Code, 2002)

 

                        7.         Fronting on Public Streets.  Double-frontage and reverse frontage lots shall not be permitted except where essential to provide separation of residential properties adjacent commercial uses.  (Code, 2002)

 

           16.32.090   Easements.

 

            A.        Easements shall follow rear and side lot lines whenever practical and shall have a minimum total width of twenty (20) feet apportioned equally in abutting properties.  (Code, 2002)

 

B.        Easements shall be designed so as to provide efficient installation of utilities. Special guying easements at comers may be required. Public utility installations shall be so located as to permit multiple installations within the easements to avoid cross-connections, minimize trenching, and adequately separate incompatible systems.  (Code, 2002)

 

C.        The developer shall establish rough cut final utility grades prior to utility installations.  (Code, 2002)

 

16.32.100   Alleys.   Service access to the interior of blocks may be permitted in certain instances, in which case such alleys must be indicated in the plats and be paved.  (Code, 2002)

 

16.32.110   Driveways.  Driveways shall be provided for vehicular access to each structure or parking or loading area.  (Code, 2002)

 

16.32.120   Water Supply and Distribution.

 

A.        All lots shall be provided water from the Town water system.  (Code, 2002)

 

B.        The water distribution system within any development or subdivision shall be shown graphically.  The graphics shall illustrate existing and proposed water lines, fire hydrants, valves, tees and all obvious and identifiable appurtenances thereto.  Static pressure and flow rate shall be delineated at each fire hydrant within the subdivision, and at each fire hydrant outside the subdivision for a distance of six hundred (600) feet.  The method for analyzing the pipe network system to acquire design values shall be the "Hardy Cross Method", Frictional losses shall be from published data or furnished by the Town of Nunn.  Head losses shall be computed using the "Darcy Weisbach" equation.  (Code, 2002)

 

C.        The burden of proof shall lie upon the subdivider developer to show that sufficient water is available at peak demand to provide acceptable pressures for domestic use and fire fighting needs.  (Code, 2002)

 

            D.        All water mains shall be within dedicated public rights-of-way.  (Code, 2002)

 

E.         No water main shall be closer than ten (10) feet to any sanitary sewer main or service.  (Code, 2002)

 

            F.         Fire hydrants shall be no further than five hundred (500) feet apart.  (Code, 2002)

 

G.        No water main or service shall have less than four and one-half (4½) feet of cover for pipelines twenty (20) inches and smaller nor less than four (4) feet of cover for pipelines larger than twenty (20) inches as measured from finished grade to top of pipe.  (Code, 2002)

 

            H.        The minimum size water main in any local street shall be eight (8) inches.  The Town reserves the right to oversize the pipe if it deems such action necessary.  (Code, 2002)

 

            I.          The minimum size water main in any collector street shall be eight (8) inches.  The Town reserves the right to oversize or undersize the pipe if it deems such action necessary.  (Code, 2002)

 

            J.         The minimum size water main in any arterial street shall be twelve (12) inches. The Town reserves the right to oversize or undersize the pipe if it deems such action necessary. (Code, 2002)

 

            K.        Material and installation specifications shall be in accordance with the Town's water department standards.  (Code, 2002)

 

            16.32.130   Storm Drainage System – Requirements.

 

            A.        Drainage areas shall be left in a natural state unless otherwise approved by the Planning Commission.  (Code, 2002)

 

 

            B.        A plan to prevent pollution or disturbance of a natural waterway shall be submitted  whenever and wherever modification of topography, as required by construction, within any distance of a waterway that stands to be affected by said construction.  (Code, 2002)

 

C.        A drainage plan shall be designed for any lot, parcel, or subdivision, by an engineer licensed by the State of Colorado.  (Code, 2002)

 

D.        The drainage plan shall be shown graphically and shall include, but not be limited to, the following information:  (Code, 2002)

 

            1.         Existing topography of the site;  (Code, 2002)

 

            2.         Proposed topography of the site;  (Code, 2002)

 

            3.         Proposed improvements to the site;  (Code, 2002)

 

                        4.         Above ground and underground storm sewer facilities proposed;  (Code, 2002)

 

                        5.         Above ground and underground storm sewer facilities proposed; (Code, 2002)

 

                        6.         Details of any structure designed to facilitate the diversion or containment of storm water;  (Code, 2002)

 

                        7.         Calculated flows (Q's) for a five-year storm frequency and a one-hundred- year storm frequency at all street intersections, intersecting water courses, inlets to below ground facilities, and outlets from below ground facilities.  (Code, 2002)

 

                        8.         Five-year and one-hundred-year flows (Q's) from any adjacent properties. with said flows (Q's) being a consideration in said plan;  (Code. 2002)

 

                        9.         The sequence of construction of all facilities as relates to the development construction;  (Code, 2002)

 

                        10.       Easements dedicated for watercourses. pipelines. etc.. for the purpose of maintaining same; (Code, 2002)

 

                        11.       Method of detaining any storm through a one-hundred-year frequency with a discharge equal to, or less than that of a five-year historic frequency; (Code, 2002)

 

                        12.       The carrying capacity of all above ground and below ground facilities;  (Code, 2002)

 

                        13.       The top of foundation elevation for each lot;  (Code, 2002)

 

                        14.       The design elevation at the highest comer of each lot and the design elevation at the lowest corner of each lot;  (Code, 2002)

 

                        15.       A general location map for the subdivision showing the entire drainage basin involved and development accurately outlined on same.  The acreage within and without the development shall be shown.  (Code, 2002)

 

E.         The Town shall designate the information source from which all storm design values must be extracted for the purpose of the design.  (Code, 2002)

 

F.         It is suggested and encouraged that detention and retention facilities serve a multipurpose function, i.e. parks, recreation, etc.

 

G.        Flow arrows clearly showing the runoff flow pattern throughout the development must be given.  (Code, 2002)

 

H.        The impact of a five-year frequency storm discharge on any downstream structures and waterways must be furnished.  (Code, 2002)

 

I.          Pipe size shall be sufficient to accommodate the computed flow of a five-year storm with zero head.  No underground storm water pipe smaller than eighteen (18) inches diameter shall be used without written permission of the Planning Commission.  No underground storm water pipe smaller than twelve inches (12) diameter shall be allowed.  The Town reserves the right to oversize any pipe.  (Code, 2002)

 

J.           The velocity in an unlined water curse shall not be designed to reach that velocity which may cause erosion of said water courses. No open water course exceeding two (2) feet in depth shall be constructed without lining and fencing unless specifically permitted in writing by the Planning Commission.  (Code, 2002)

 

K.         Upon construction completion of the drainage facilities, whether in whole or in part and prior to said facilities being acceptable to the Town, a letter from an engineer licensed in the State of Colorado shall be submitted to the Planning Commission attesting that said facilities have been constructed in accordance with the design approved by the Commission.  Said letter shall bear the signature and seal of said engineer.  The drainage facilities shall be considered as unacceptable by the Town until said letter is received and acknowledged by the Planning Commission.  (Code, 2002)

 

            L.         No lot, parcel, or development shall be allowed to discharge storm water at a rate which exceeds the historic runoff rate of a calculated five-year storm, unless first approved by the Planning Commission.  (Code, 2002)

 

            M.        It will be unacceptable for any storm of one hundred-year frequency and smaller to be designed to exceed the dedicated right-of-ways and drainage easement boundaries.  (Code, 2002)

 

N.        No landowner shall alter the drainage pattern of any lot such as to increase the quantity or decrease the time of storm water runoff onto adjacent properties, nor shall any landowner impede the flow of storm water through easements dedicated in whole or in part for drainage.  (Code, 2002)

 

            16.32.140   Aquifers -- Construction Restrictions.

 

            A.        Any use of land which would pollute or contaminate an aquifer is prohibited. (Code, 2002)

 

B.        The following regulations apply to development over aquifers that are within twenty (20) feet of the land surface and the areas of aquifer recharge:  (Code, 2002)

 

                        1.         Construction of buildings shall not be permitted unless approved by the State Health Department and the Colorado Geological Survey;  (Code, 2002)

 

                        2.         Building construction shall have foundations designed by a professional engineer.   (Code, 2002)

 

16.32.150   Floodplain Use Restrictions.  For regulations regarding floodplain use restrictions, refer to Ordinance No. 142.  (Code, 2002)

 

16.32.160   Partial Development of a Parcel.  Where an entire parcel is not subdivided, the subdivider must indicate his intended plans for disposition of the remainder of the parcel. (Code, 2002)

 

16.32.170   Fire Safety Requirements.

 

            A.        All subdivisions shall be required to provide minimum fire protection.  (Code, 2002)

 

            B.        Fire hydrants shall be spaced no more than five hundred feet (500) apart.  (Code, 2002)

 

            C.        A fire hydrant shall be located at the entrance of each cul-de-sac street.  (Code, 2002)  

 

            D.        Minimum waterline size shall be six (6) inches within all subdivisions.  (Code, 2002)

 

            E.         Fire hydrants that have two and one-half inch outlets shall have the National Standard and one-half inch streamers shall have National Standard Threads, four threads per inch.  (Code, 2002)

 

F.         Minimum residual pressure of twenty to thirty psi under fireflow conditions at the fire hydrant will be considered to provide minimum fire protection.  (Code, 2002)

 

G.        Fire hydrants shall be located on dedicated street rights-of-way, and be accessible to the standard fire pumper.  (Code, 2002)

 

16.32.180   Street Lights.  Ornamental street lighting and associated street lighting supply circuits shall be installed.  The minimum requirements shall be seven thousand lumen lamps at a maximum spacing of four hundred feet.  The street lighting plan specifying the number, kind, and approximate location of street lights must be included with the final plat.  (Code, 2002)

 


 

Chapter 16.36

IMPROVEMENTS AND UTILITIES

 

 

Sections:

 

            16.36.010        Improvements to be Constructed by Subdivider.

            16.36.020        Improvements Required for Development of Half-Streets.

            16.36.030        Construction Inspection, Material Testing and Final Plans.

            16.36.040        Final Inspection.

            16.36.050        Issuance of Building Permits and Certificates of Occupancy.

 

 

            16.36.010   Improvements to be Constructed bv Subdivider.  The following improvements, if not already in place, shall be constructed at the expense of the subdivider in a manner which is consistent with sound construction practices.  Where specific requirements are spelled out in other sections of these regulations, they shall apply.  (Code, 2002)

 

            A.        Road grading and surfacing;  (Code, 2002)

 

            B.        Storm drainage system, as required;  (Code, 2002)

 

            C.        Water distribution system;  (Code, 2002)

 

            D.        Street signs at all street intersections;  (Code, 2002)

 

            E.         Permanent reference monuments and monument boxes;  (Code. 2002)

 

            F.         Street lighting. (Code, 2002)

 

            16.36.020   Improvements Required for Development of Half-Streets. 

 

            A.        Development of half-streets shall not be permitted unless:  (Code, 2002)

 

                        1.         The developer obtains for the Town a dedication from the abutting land owner of the other one-half of the street; and  (Code, 2002)

 

                        2.         The developer obtains from the abutting landowner an agreement, in a form satisfactory to the Town, which guarantees the cost of the improvements and construction of the same within time suitable to the Town; and  (Code, 2002)

 

                        3.         The developer guarantees the construction of the improvements on the half- street which he is dedicating.  (Code, 2002)

 

B.        Building permits shall not be issued for lots fronting on half-streets unless the requirements of this section and are complied with.  (Code, 2002)

 

16.36.030   Construction Inspection, Material Testing and Final Plans.

 

A.        The developer shall notify the Town in advance of any construction work in order to permit the Town to conduct certain inspections.  (Code, 2002)

 

B.        The developer shall, at his expense and as directed by the Town, provide the Town with a reasonable number of test reports of materials used in the subdivision improvements.  Such testing to be made on asphaltic paving material, street base material, and other material as may be reasonably be required by the Town.  (Code, 2002)

 

C.        The developer shall provide the Town, at no expense, three (3) sets of "as built" drawings and plans of all subdivision improvements as constructed by the developer within one hundred twenty (120) days following the completion of the improvements and one reproducible set of drawings and plans within thirty (30) days of the Town's acceptance of the improvements, signed and dated by the person attesting to the accuracy of the as-builts.  (Code, 2002)

 

16.36.040   Final Inspection.

 

A.        Following the completion of the installation or construction of streets, water works improvements, and other subdivision improvements, the developer shall call for,  and the Town shall provide, a final inspection of required subdivision improvements.  Upon approval of said construction, the Town shall issue to the developer a statement approving the subdivision improvements.  (Code, 2002)

 

16.36.050   Issuance of Building Permits and Certificates of Occupancy.

 

            A.        A building permit shall not be issued until the following improvements have been installed by the developer and inspected by the Town:  (Code, 2002)

 

             1.         Water mains;  (Code, 2002)

 

                        2.         Fire hydrant within five hundred fee (500’) of construction site.  (Code, 2002)

 

B.        A certificate of occupancy shall not be issued until all of the improvements to be constructed by the developer are completed and approved by the Town. Exception: if a condition exists which is beyond the control of the developer, such as weather or frozen ground, and prevents completion of the development, then a certificate of occupancy may be issued provided the following items are completed: (Code, 2002)

 

                        1.         All required utilities are installed, including fire hydrants.  (Code, 2002)

 

                        2.         Street grading and base construction are complete.  (Code. 2002)

                        3.         The required developments under this section shall be inspect, approved by the Town prior to issuance of a certificate of occupancy.  (Code, 2002)

 


 

Chapter 16.40

VARIANCES

 

 

Sections: 

 

            16.40.010        Application Requirements.

            16.40.020        Criteria for Consideration.

            16.40.030        Grant Conditions.

 

 

            16.40.010   Application Requirements.  Application for variance of modification of these regulations shall be submitted to the Planning Commission.  Such application shall include a statement setting forth the nature and extent of the requested variance or modification together with evidence supporting need for such variance.  (Code, 2002)

 

            16.40.020   Criteria for Consideration.  Where the Planning Commission findsn that extraordinary hardships may result from strict compliance with these regulations, 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 make such variance necessary, and that the granting thereof will not have the effect of nullifying the intent and purpose of these regulations.  (Code, 2002)

 

            16.40.030   Grant Conditions.  In granting variances and modifications, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the requirements and standards so varied or modified.  (Code, 2002)

 


 

Chapter 16.42

PROCEDURE FOR MINOR REPLATS

 

 

Sections:

 

            16.42.010        Procedure for Minor Replats.

 

 

            16.42.010   Procedure for Minor Replats.

 

            A.        Definition “Minor Replat” means the division of a lot, tract, or parcel of land into not more than five (5) lots, plats, sites, or other divisions of land, for the purpose, whether immediate or future, of sale or building development.  (Code, 2002)

 

            B.        An abbreviated review can be obtained for those requesting a minor replat which changes the number of lots in a recorded plat.  The purpose of the abbreviated review is to serve as a means of obtaining a more expedient resubdivision approval than that of the complete subdivision process.  The minor replatting of a recorded plat may be granted if the applicant can demonstrate that the proposed replatting meets all of the following criteria:  (Code. 2002)

 

                        1.         No lot or parcel of land shall be created or sold that is less than the minimum requirements for the area or dimensions as established by subdivision regulations, the zoning ordinance, or other applicable regulations or ordinances;  (Code, 2002)

 

                        2.         Drainage and utility easements shall not be changed, unless supported by  complete engineering data supporting the change;  (Code, 2002)

 

                        3.         Street locations and street rights-of-way shall not be changed;  (Code, 2002)

 

                        4.         No perimeter boundary of a recorded subdivision plat is affected;  (Code, 2002)

 

                        5.         The plat shall not be altered in a way which will adversely or substantially affect the character of the plat filed;  (Code, 2002)

 

                        6.         The minor replat shall not create more than five (5) lots.  (Code, 2002)

 

            C.        Review Conference.  Prior to a request for a minor replat, the modified plans shall be submitted for review by the Planning Commission in an informal conference with the subdivider/applicant.  The conference is intended to be for the mutual exchange of information and reasons for the minor replat requests.  A primary concern shall be the degree to which the proposed subdividing meets the Town's land use policies and the Comprehensive Plan.  The Planning Commission shall communicate its decision to the subdivider/applicant within ten (10) days of receiving the completed application.  (Code, 2002)

 

            D.        Submittal Requirements.  The minor replat shall be an original drawing in black ink on 24" x 36" single/double matte mylar or a photographic blackline positive mylar of the same and shall contain the following information:  (Code, 2002)

 

                        1.         Subdivision name, prior subdivision name, city, county, and state;  (Code, 2002)

 

                        2.         Legal description of the subdivision and land area contained therein;  (Code,  2002)

 

                        3.         An Ownership and Encumbrance Report from a title company showing all holders of legal interest in the affected property:  (Code. 2002)

 

                        4.         "Amendment History" section outlining previous approval dates of Final Plats and the changes being proposed;  (Code, 2002)

 

                        5.         Surveyor's certificate;  (Code, 2002)

 

                        6.         Boundary lines, fully dimensioned of the subdivision and all newly created lots;  (Code, 2002)

 

                        7.         Scale (graphic and written), and north arrow;  (Code. 2002)

 

                        8.         The submittal may include letters of comment from any referral agencies, departments, and/or homeowners' associations, where appropriate; and   (Code, 2002)

 

                        9.         Other information deemed necessary by the Town staff to respond to the request.  (Code, 2002)

 

E.         Review and Recordation.  Where the replatting complies with the appropriate requirements of these regulations, the plat, along with the developer's agreement, if any, shall be submitted to the Nunn Town Board for their final approval.  This submittal is required prior to the filing of such plats and developer's agreement with the County Clerk and Recorder.  Such plat shall specifically indicate the revisions being made to the previously recorded plat.  (Code, 2002)

 

F.         Fees.  A Fee of $100.00 plus $10.00 per lot shall be submitted with each application for a minor replat.  The fees established by this Ordinance may be modified by the Town Board by Resolution.  This fee may be modified in the future by the passage of a Resolution by the Town Board.  (Code, 2002)

 


 

Chapter 16.44

FEE SCHEDULE

 

 

Sections:

 

            16.44.010        Submittal and Recording Fees.

            16.44.020        Additional Costs.

            16.44.030        Fee Schedule.

 

 

16.44.010   Submittal and Recording Fees.  There shall be required a fee for each plan and plat submitted for approval. The following fees shall be paid at the time of submission of such plans or plats to the Town.  (Code, 2002)

 

A.        Sketch plan:  Twenty-five dollars ($25.00);  (Code, 2002)

 

B.        Preliminary plan:  One hundred dollars ($100.00), plus ten dollars ($10.00) per lot;  (Code, 2002)

 

C.        Final plat:  One hundred dollars ($100.00) for each filing;  (Code, 2002)

 

D.        Postage for mailing of certified copies of Notice to adjoining landowners, and publication cost for publication of Notice as may be required.  (Code, 2002)

 

            E.         Recording fee, as required by the Weld County Clerk and Recorder;  (Code, 2002)

 

            16.44.020 Additional Costs.  Any additional costs may be required as made necessary by unusual circumstances and more than ordinary review and other services to be provided by the Town, or by any person or agency with which the Town may contract for various services in connection with review of a proposed subdivision.  (Code, 2002)

 

16.44.030   Fee Schedule.  The fees set forth herein may be changed or supplemented from time to time by a fee schedule adopted by resolution of the Town Board.  (Code, 2002)

 


 

Chapter 16.46

VESTED PROPERTY RIGHTS

 

 

Sections:

 

            16.46.010        Intent.

            16.46.020        Definitions.

            16.46.030        Notice and Hearing.

            16.46.040        Development Agreementes.

            16.46.050        Notice of Approval.

            16.46.060        Approval – Effective Date – Amendments.

            16.46.070        Payment of Costs.

            16.46.080        Other Provisions Unaffected.

            16.46.090        Limitations.

 

 

16.46.010   Intent.  The intent of this Chapter is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, C.R.S., as amended, and to effectuate local control over creation of vested property rights to the fullest extent permitted under the law.  (Code, 2001)

 

16.46.020   Definitions.

 

            A.        "Site Specific Development Plan" shall mean a map, plat, or site plan that has been submitted to the Town by a landowner or such landowner's representative describing the reasonable certainty, type and intensity of use for a specific parcel or parcels of property.  Such plan may be in the form of the following: final site plan, final subdivision plat. planned unit development plan, Use by Special Review, or as otherwise agreed by the Town Board and the owner for a specific project or development phase which occurs prior to building permit application for those vested rights, and has submitted an application and receives approval by the Town Board.  A "site specific development plan" deemed to have been created, a "site specific development plan" shall not include a variance, sketch plan, or preliminary plan.  (Code, 2001)

 

B.        "Vested Property Right" shall mean the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan.  A property right which becomes vested upon final approval of an ordinance or resolution, as the case may be, shall remain vested for a period of three (3) years.  This vesting period shall not be extended by any amendments to a site specific development plan unless expressly authorized by the Town Board.  The Town shall conduct a hearing at the request of the landowner, which hearing follows the successful approval of the development at all other required stages of the development review process.  Failure of the landowner to request such hearing renders the approval not a "site specific development plan," and no vested rights shall be deemed to have been created.  (Code, 2001)

 

16.46.040   Notice and Hearing.

 

A.        No Site Specific Development Plan shall be approved until after a public hearing,  preceded by written notice of such hearing which is published in a newspaper of general circulation at least ten (10) days prior to such hearing.  Such notice may, at the Town's option, be combined with the notice required for final plan approval, or any other required notice.  At such hearing, interested persons shall have an opportunity to be heard.  (Code, 2001)

 

B.        The Town Board may approve a Site Specific Development Plan upon such terms and conditions as may reasonably be necessary to protect the public health. safety, and welfare. The conditional approval shall result in a vested property right, although failure to abide by such terms and conditions will result in a forfeiture of vested property rights.  (Code, 2001)

 

16.46.040   Development Agreements.  The Town Board may enter into development agreements with landowners that provide 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 the development, economic cycles, and market conditions.  (Code, 2001)

 

16.46.050   Notice of Approval.  Each map, plat, 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 contain this statement shall invalidate the creation of the vested property right.  In addition, a notice describing generally the type and intensity of use approved, the specific parcel or parcels of property affected and stating that a vested property right has been crated shall be published once, not more than fourteen (14) days after approval of the site specific development plan, in a newspaper of general circulation.  (Code, 2001)

 

16.46.060   Approval -- Effective Date -- Amendments.  A Site Specific Development Plan shall be deemed approved when the Town Board approves the related Ordinance or Resolution subject to the right of appeal and judicial review.  In the event amendments to a Site Specific Development are proposed and approved, the effective date of such amendments, for purposes of duration of a vested property right, shall be the date of approval of the original Site Specific Development Plan, unless the Town Board specifically finds to the contrary and incorporates such finding in its approval of the amendment.  (Code, 2001)

 

16.46.070   Payment of Costs.  In addition to any and all other fees and charges imposed by this Code, the applicant for approval of a Site Specific Development Plan shall pay all costs occasioned to the Town as a result of the Site Specific Development Plan review, including publication of notices, public hearing and review costs, which costs may be established by the Town Board by Resolution.  (Code, 2001)

 

            16.46.080   Other Provisions Unaffected.  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 and use of property.  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 Town including, but not limited to, building, fire, plumbing, electrical, and mechanical codes.  (Code, 2001)

 

16.46.090   Limitations.  Nothing in this Section 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 of the repeal of said Article or a judicial determination that said Article is invalid or unconstitutional, this Chapter shall be deemed to be repealed, and the provisions hereof no longer effective.  (Code, 2001)

 


 

Chapter 16.48

VIOLATION

 

 

Sections:

 

            16.48.010        Violation – Penalty.

            16.48.020        Violation – Injunction.

 

 

16.48.010   Violation -- Penalty.  Any person who violates any of the provisions of these regulations is guilty of a violation of this Chapter and shall be punished as provided therein.  (Code, 2002)

 

16.48.020   Violation -- Injunction.  Any violation of these regulations shall be subject to immediate injunctive action.  It is expressly declared that the Town of Nunn has no adequate remedy at law for any violation of these regulations and that immediate, irreparable harm will result to the Town from any such violation.  Upon being informed of a violation of these regulations, the Town Attorney may apply to any court of competent jurisdiction for injunctive relief.  (Code, 2002)