Section 12-2-1. Pre-Application Conference. In order to properly evaluate a prospective area for subdividing, a sketch plan shall be prepared on a base map with a scale of one inch equals 500 feet (1" = 500'), extending at least one quarter mile beyond the proposed subdivision boundaries. The base map for the sketch plan will be furnished by the County Planning Office. The subdivider shall include on the sketch plan, only for his proposed development, the existing and proposed major use areas for residential, commercial, industrial, public purposes and major streets. This sketch plan shall be presented to the Department of Community Development which shall consult with other departments prior to submission of the preliminary plat and be used for discussion purposes. Written comments relative to the sketch plan and concept shall be made by the various departments and furnished to the subdivider. However, even though written comments shall be made, it is hereby declared that ultimate authority for the approval or the rejection of any proposed subdivision rests with the Planning Commission and the City Council.
A similar discussion shall be held between the subdivider and the private utility companies prior to the development of the preliminary plat. Further, the same type of discussion shall be held by the subdivider with School District 12.
[Source: Ord. 177, 1972]
Section 12-2-2. Preliminary Plat. After preliminary conclusions concerning the feasibility and design of the proposed subdivision, a preliminary plat and the required supplemental material shall be prepared and presented to the Department of Community Development. The supplemental material shall include a proposed drainage plan, which need not be in the final form required for approval, but which shall indicate with certainty any recognized drainage problems. The preliminary plat shall reflect the general layout of the lots and blocks, but exact dimensions are not required. The purpose of the preliminary plat review is to determine whether the proposed subdivision will meet the design standards herein contained and other applicable laws.
[Source: Ord. 560, 1979]
(a)
Processing.
(1)
Fifteen (15) copies of the preliminary plat and supplemental materials shall be presented by the subdivider to the Department of Community Development. If the plat is in acceptable condition according to these regulations, the Department of Community Development shall furnish the following agencies with copies for review, comments and recommendations:
(A)
City
(i)
Community Works (3 copies)
(ii)
Public Utilities (2 copies)
(iii)
Community Recreation Department (1 copy)
(iv)
Community Development (2 copies)
(B)
Mountain Bell Telephone Company
(C)
Public Service Company of Colorado (2 copies)
(D)
Colorado Dept. of Highways (when applicable)
(E)
School District
(F)
West Adams County Fire Protection District
The agencies shall have twenty (20) days from the date they receive the plat to review and return it to the Department of Community Development unless additional review time is requested.
(2)
The Planning Commission shall review the comments of the various agencies and the recommendations of the Department of Community Development before reaching a decision to approve, conditionally approve, or disapprove the plat. No preliminary plat shall be approved by the Planning Commission unless the Planning Commission finds that all of the applicable requirements and provisions of this article have been complied with, except a conditional approval which shall require, at a minimum, full compliance with the applicable requirements and provisions of this article before approval of the final plat.
[Source: Ord. 345, 1974]
(3)
Within a reasonable time, not to exceed sixty (60) days after receipt of the preliminary plat by the Department, the Planning Commission shall hold a public hearing on the plat, pursuant to the provisions of Section 12-1-6 of this chapter, and approve or disapprove the preliminary plat, with or without conditions.
(3.1)
The time period provided for holding the public hearing on the preliminary plat may be extended by the Planning Commission, for good cause shown, on application of the Department or the applicant.
(3.2)
If the plat is disapproved, disapproved with conditions, or approved with conditions, the Commission shall make findings which shall include the reasons for its action and which shall state the conditions. Such findings may include recommendations whereby the plat might gain approval.
(3.3)
Any approval or conditional approval of a preliminary plat shall be valid for one (1) year. Within such period, the Planning Commission shall have authority to extend the period for not more than twelve (12) months, on the basis of unforeseen circumstances. Application for an extension of time shall be made to the Department, which shall forward the application, together with its recommendations, to the Planning Commission for action thereon at any regular or special meeting, on notice to the applicant.
(3.4)
All or any portion of an approved preliminary plat may be submitted for final plat purposes in the manner required by Section 12-2-3 of this ordinance, within the time provided by Section 12-2-2(a)(3.3) of this article. In the case of partial submission, the time for submission of the remaining portion of the preliminary plat is automatically extended for one (1) year.
(3.5)
Whenever a preliminary plat is approved for development of the subdivision in successive phases or increments, the Planning Commission may provide the period or periods of time allowed for final plat approval of each successive phase or increment of the development after the first.
[Source: Ord. 324, 1974]
(4)
Within fifteen (15) days after a preliminary plat is conditionally approved or disapproved, the subdivider or an interested official agency may request in writing a review and hearing before the Planning Commission.
(b)
Form of Preliminary Plat.
(1)
The drawing shall be made at a scale of not less than 1" = 100'. The size of the sheets shall be 18" x 24". If it is necessary to place the plat on more than one sheet, an index map shall be included on the first sheet. A vicinity sketch map showing the location of the area being platted as it relates to the rest of the community showing major streets in the area shall be included.
(c)
Contents of Preliminary Plat.
(1)
Proposed name of the subdivision.
(2)
Location and boundaries of the subdivision as part of a larger area.
(3)
Contours at two-foot intervals if the slope is less than 10 percent and five feet where the slope is greater than 10 percent.
(4)
Date of preparation, scale and north sign (designated as true north).
(5)
Name, address and telephone number of owner and licensed surveyor, licensed engineer or designer of the plat.
(6)
Total acreage involved.
(7)
Location and dimensions of all existing streets, easements, drainage areas, irrigation ditches and laterals, and other significant features within or adjacent to the tract to be subdivided.
(8)
Location and dimensions of all proposed streets, easements, lot lines and parks and other areas to be reserved or dedicated for public use.
(9)
Geological stability information shall be furnished upon request of the City which request shall be made only when current knowledge indicates building or other problems may arise from construction in the area proposed for development.
(10)
Zoning on and adjacent to the tract.
(11)
Designation of areas subject to a twenty-five (25) and 100-year flood and the volume of water during such floods. When available, this information shall be furnished by the Director of Community Works. When not available, a tentative flood plain will be defined by mutual agreement between the Director of Community Works and the subdivider's engineer according to generally accepted engineering standards, practices and procedures.
(12)
Site data including the number of residential lots and typical lot sizes.
(13)
Proposed uses other than single-family residential.
(14)
The location and size of the existing utilities within or adjacent to the tract including water, sewer, electricity and gas (may be placed on a separate plat).
(15)
The proposed water and sewer distribution systems which will serve the various parcels within the proposed development, (this may be placed on a separate plat).
(d)
Additional Information and Plans. The subdivider shall submit, as a part of the application for approval of a preliminary plat, in the form prescribed by the Community Development, to the extent applicable and to the extent any required information is not disclosed on the face of the preliminary plat:
(1)
A survey of the property;
(2)
Evidence of ownership, or evidence of the right to acquire ownership;
(3)
Site characteristics and analyses including streams, lakes, ditches, reservoirs, easements, right-of-way, topography, geology, soils and vegetation;
(4)
Total development area;
(5)
Total number of proposed dwelling units;
(6)
Total number of square feet of proposed nonresidential flood space;
(7)
Total number of proposed off-street parking spaces, excluding those associated with single-family residential development;
(8)
Estimated construction cost and proposed method of financing of streets and street improvements;
(9)
An adequate and comprehensive plan for storm drainage and for the disposition of storm drainage;
(10)
Estimate cost and proposed financing of water distribution system;
(11)
Estimated cost and proposed financing of sewage collection and disposal;
(12)
Such preliminary information as may be required by the Department of Community Development in order to adequately describe surface improvements or other construction projects within the area to be subdivided in order to assure that the subdivision is capable of being constructed without an adverse effect upon the surrounding area;
(13)
The certificate of a building inspector that the proposed use or uses of the property is in full compliance with all provisions of the Revised Northglenn Zoning Ordinance, as amended; or an application for rezoning;
(14)
In the case of any proposed Planned Unit Development, all information required to comply with the provisions of applicable City ordinances;
(15)
Evidence that public or private water owners can and will supply water to the proposed subdivision, stating the proposed facilities for supplying such water and the feasibility of extending service to the area.
[Source: Ord. 177, 1972]
Section 12-2-3. Final Plat. After the subdivider has received approval or conditional approval of the preliminary plat, preparation of the final plat may take place. Only that part of the preliminary plat which is proposed by the developer for recording at any one time and must be submitted in final form. The final plat may reflect the entire preliminary plat or any logical part thereof. The presentation to the Department of Community Development of the final plat or plats of the entire area included within the preliminary plat shall take place not more than twelve (12) months and approved by the Planning Commission. If lot changes have occurred from the original proposal, the applicant should refer the plat back to the private utility companies.
(a)
Processing of the Final Plat.
(1)
The final plat shall conform to the approved preliminary plat and shall include all changes as required by the Planning Commission; further, the exterior lines of such final plat shall join or close.
(2)
After reviewing the final plat, if the Department of Community Development certifies that the plat and the supporting plans, documents and information comply with all of the provisions of this ordinance and the Revised Northglenn Zoning Ordinance, the final plat shall be submitted to the Planning Commission for approval.
(3)
Upon receipt of the plat and the accompanying certificate, the Planning Commission shall accept, disapprove, or refer the plat to the Department of Community Development for further study. Written notice of the action and decision of the Planning Commission shall be sent by the Department of Community Development to the subdivider.
(4)
If the final plat is approved, the Planning Commission shall endorse thereon its written approval and shall submit the plat, and the supporting plans and documents, with the recommendations of the Planning Commission, to the City Council.
(5)
If the final plat is disapproved, the Planning Commission shall find and reduce to writing the reasons for disapproval. The subdivider may elect to withdraw the application and/or to re-submit the plat to the Planning Commission with amendments or revisions to the plat or any of the supporting plans and documents; or the subdivider may elect to stand on the plat as submitted, in which case the decision of the Planning Commission shall be final for the purposes of Section 12-2-3(a)(6).
(6)
Upon any final decision of the Planning Commission disapproving a final plat, such plat, together with the supporting plans and documents and together with the recommendations and findings of the Planning Commission, shall be transmitted to the City Council.
(7)
The City Council may accept, disapprove or refer the final plat to the Planning Commission for further study or action. Written notice of the action and decision of the City Council shall be sent by the Department of Community Development to the subdivider.
(8)
If the final plat is approved by the City Council, the plat shall be signed by the Mayor and acknowledged by the City Clerk. Approval of the final plat shall include and constitute acceptance of all proposed dedications contained in the plat by the City of Northglenn.
(9)
The subdivider shall furnish to the City Clerk the recording fee required by the Adams County Clerk and Recorder prior to the recording of any approved final plat. The City Clerk shall then record the plat within a reasonable time.
(10)
All plans and documents required by this ordinance to be filed with or in support of an approved final plat shall be filed and retained in the office of the Director of Community Development, and when so filed shall be public plans.
(b)
Form of Final Plat.
(1)
A map of the plat shall be drawn at a scale of not less than 1" - 100' with the use of permanent lines or ink and the outer dimensions of the map shall be 18" x 24". The drawing shall be made on a reproducible linen or mylar. Maps of two or more sheets shall be referenced to an index map placed on the first sheet.
(2)
An original, mylar, a sepia, two linen prints and three (3) paper copies of the final plat shall be prepared and submitted.
(c)
Contents of Final Plat.
(1)
The title under which the subdivision is to be recorded.
(2)
Accurate dimensions for all lines, angles, and curves used to describe boundaries, streets, easements, areas to be reserved for public use, and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand. No final plat showing plus or minus dimensions will be approved.
(3)
Names of all adjoining subdivisions with dotted lines of abutting lots. If the adjoining land is unplatted, it should be shown as such.
(4)
An identification system for all lots and blocks and names for streets.
(5)
An identification of the streets, easements, parks, other public facilities as shown on the plat and a dedication thereof to the public use. Areas reserved for future public acquisition shall also be delineated on the plat.
(6)
Total acreage and surveyed description of the area.
(7)
A description of all monuments, both found and set, which mark the boundaries of the property, and a description of all control monuments used on conducting the survey.
(8)
A statement by the land surveyor that the survey was performed by him in accordance with Colorado Revised Statutes, Chapter 51, Article 2 (1963, as amended in 1967) of under his direct responsibility, supervision and checking.
(9)
A statement by the land surveyor explaining how bearings, if used, were determined.
(10)
Signature and seal of the registered land surveyor.
(11)
Certification for approval by the following:
(A)
The Planning Commission.
(B)
Director of Community Works.
(C)
Director of Utilities Authority.
(D)
Mountain Bell.
(E)
Public Service Company.
(12)
Signature block for City Council with signature by the Mayor.
A general form to assist the subdivider, which includes all of the above, shall be available upon request.
(d)
Other documents required at the time of submission of the final plat shall be:
(1)
Complete engineering plans and specifications for all public facilities to be installed, i.e., water and sewer utilities, streets, street-related improvements, bridges, and storm drainage.
(2)
Agreements made with ditch companies, when needed.
(3)
Guarantees for public improvements as required under Section 12-2-4.
(4)
A drainage plan, certified by a registered professional engineer and approved by the Director of Public Works pursuant to the provisions of this chapter.
[Source: Ord. 177, 1972; 560, 1979]
Section 12-2-4. Improvements Agreement Guarantee.
(a)
The subdivision being submitted for approval includes improvements necessary to serve the area being developed. It has been customary for the lot price in a subdivision to include payment for the improvements. Buyers have assumed that the governmental unit approving the subdivision has provided for the improvements at the time of plat approval. Such expectation has not coincided with the facts. As a consequence, many have purchased lots in new subdivisions expecting improvements to be constructed and paid for but the subdivider has suffered financial reverses. The burden of constructing the improvements then falls upon the buyers and the general public. The buyers should not have to pay twice for the improvements and since the improvements are almost wholly for the benefit of the area being developed, the general public should not have to absorb any of the costs incident to the construction of the improvements.
(b)
Based upon the above considerations, the City Council, for the protection of buyers in subdivided areas and the general public, is of the opinion that a form of guarantee must be furnished by the subdivider to assure the installation of the required public improvements in an approved manner and in a reasonable period of time. Prior to the presentation and acceptance of the final plat by the City Council, the subdivider shall execute an agreement with the City of Northglenn that guarantees shall be furnished for the construction of all public improvements.
(c)
Building permits will be issued for only that part of the plat for which the required financial guarantee or guarantees has or have been provided.
(d)
The agreement to furnish said guarantees shall be recorded to put purchasers and other interested parties on notice.
(e)
A release may be obtained for a lot or lots from the City through the Director of Community Works when the terms of the agreement have been satisfied for the lot or lots involved. A release executed and acknowledged by the Director of Community Works shall be binding upon the City of Northglenn as to the lot or lots covered by the terms of the release.
(f)
The agreement shall further provide that if at any time there is a breach of such agreement, the City of Northglenn may withhold approval of all building permits within the subdivision until such breach or breaches have been cured.
(g)
The minimum guarantee shall be for an area of one block. In the event there is a dispute as to the area to be covered by the guarantee, the Director of the Department of Community Works shall delineate the "block" of a given subdivision which will serve the needs of the potential residents. The guarantee shall provide that improvements shall be completed within twelve (12) months of the issuance of the first building permit or upon completion of 50 percent of the structures which can be erected in such block, whichever occurs first in time; however, if special circumstances exist the Director of the Department of Community Works may extend the time, or reduce it if, in his opinion, in accordance with the generally accepted engineering principles, any or all of the improvements are needed in less time for the residents of the area to protect the public health, safety and welfare, and such decision shall control.
(h)
The guarantee shall be for 100 percent of the estimated cost of the required public improvements as computed by the City Engineer. The public improvements referred to are water and sewer mains, roadbed and surface, gutter, sidewalks, bridges, culverts, other storm drainage improvements, and street identification and traffic control signs. Further, appropriate arrangements for telephone, gas, electricity and/or street lighting and appurtenances shall be made between the subdivider and the utility company involved. The guarantee shall be appropriately reduced or set over to apply to another block or blocks as the improvements are installed and paid for. When the guarantee is "rolled over" the subdivider shall make arrangements for an extension of time of the original guarantee. In the event the improvements are not installed as specified in the agreement and paid for by the subdivider, or in the event they are partially completed or fully completed and not completely paid for, the City will look to the guarantor to complete and/or pay for the specified improvements.
(i)
The guarantee may be in any of the following forms:
(1)
Escrow of funds with the City.
(2)
Escrow with a bank or savings and loan association with the unconditional right given to the City to draw on the funds deposited in the event the required improvements must be fully or partially constructed by the City or to pay for any bills which are outstanding for work done thereon by any party.
(3)
An irrevocable sight draft or letter of commitment in a form satisfactory to the City Attorney which guarantees the City that the financial backing is available so that the improvements will in fact be completed and paid for. The sight draft or letter of commitment may be from any financially responsible lender which is not directly or indirectly owned or controlled by the subdivider.
(j)
The form of the guarantee shall be such that the City is assured that the subdivider has funds committed to the amount and for the purposes herein stated and that in the event of a default by the subdivider, the City shall have available to it upon demand funds necessary to construct all or complete, the improvements and pay for the same.
[Source: Ord. 177, 1972]
Section 12-2-5. Parkland Dedication. In the event a parkland dedication is made and accepted by the City Council and any park so dedicated and accepted fronts upon a street in such subdivision, the City of Northglenn shall contribute from the said parkland dedication one-half of said abutting street and such will be indicated on the final plat. The subdivider shall be responsible for the cost of all of the improvements along the abutting parkland.
[Source: Ord. 177, 1972]