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Section 12-3-1. Purpose. The character and environment of the City of Northglenn for future years will be greatly affected by the design of subdivisions and the plats that are approved by the City of Northglenn. Planning, layout and design of a subdivision are of the utmost concern. The residents must have available to them within the area safe and convenient movement to points of destination or collection. Modes of travel to achieve this objective should not conflict with each other or abutting land uses. Lots and blocks should provide desirable settings for the buildings that are to be constructed, make use of natural contours and protect the view, afford privacy for the residents and protection from adverse noise and vehicular traffic. Natural features and vegetation of the area must be preserved if at all possible. Schools, parks, churches and other community facilities should be planned for as an integral part of the area.

[Source: Ord. 177, 1972]

Section 12-3-2. Site Considerations.

Steep land (10 per cent slope or greater of the majority of the lots), unstable land, and areas having inadequate drainage, are problems of such a nature as to be hazardous to health, life or property, and areas with such problems shall not be platted unless acceptable provisions are made to eliminate or control the problems under the supervision of and with the certified written approval of a registered professional engineer qualified in the particular field. Such plans must be approved by the City Engineer, who shall judge the same by generally accepted principles of engineering adapted to the particular circumstances. Such problem areas may be included as part of a lot or lots where there is a buildable portion free of such problems.

All development in the subdivision shall be carried out in conformity with the plans as finally approved.

Drainage areas wherever possible should be left in a natural state and no encroachments shall be made on the natural channel area. Any land subject to flooding by a 100 year flood shall not be platted for residential occupancy or other permanent development unless adequate provisions are made to provide for, to eliminate or control flood hazards as they apply to the area being developed and the general vicinity. A registered engineer shall propose the controls, with approval thereof by the Director of Public Works, who shall apply generally accepted engineering standards in the area of drainage and flood control to the solution proposed by the subdivider's engineer.

A drainage plan for the proposed subdivision and every part thereof, certified by a registered professional engineer, is required in every case, whether or not any problem areas or flood plains exist or appear to exist. The drainage plan shall be approved by the Director of Public Works, who shall apply generally accepted engineering standards in the area of drainage and flood control to the plan proposed by the subdivider's engineer. Approval of the drainage plan for any proposed subdivision may be conditioned upon compliance with the provisions of Section 12-3-2(e).

No building permit shall issue for the construction of any building to be used for residential occupancy except upon the express requirement that the building pad must be not less than one foot six inches above the elevation of the back of the curb, unless the Director of Community Development and the Director of Public Works concur for good and sufficient reason in approving an exception to the requirement. Such exception shall be granted only upon a determination that the drainage requirements of the lot can be met by other means.

Where a subdivision borders a railroad right-of-way, a freeway, or an arterial or collector street, the design thereof shall include adequate provisions for reduction of noise. A parallel street, a landscaped buffer area, or lots with increased setbacks, are recommended solutions among others.

[Source: Ord. 560, 1979]

Section 12-3-3. Streets and Easements.

Streets shall conform to the comprehensive street and highway plan of the City.

Arterial and collector streets shall be aligned to join with planned or existing streets.

Streets shall be designed to bear a relationship to the topography.

Intersections shall approximate right angles as closely as possible.

Cul-de-sacs shall have a turn-around right-of-way diameter of at least 100 feet; however, for those cul-de-sacs less than 200 feet in length in a single-family area, a turn around shall not be required. A "T", "Y", or other design to provide a turn-around may be used in such cases if the same is approved by the Director of Community Works. Surface drainage of such cul-de-sacs shall be toward the intersecting street, or, if this is not feasible, a drainage easement shall be provided through abutting lots. Cul-de-sacs shall not exceed 400 feet in length and the end shall be visible from the connecting street.

Unless otherwise required by the Planning Commission streets with centerline off-sets of less than 125 feet shall not be accepted.

Dead-end streets, with the exceptions of cul-de-sacs, shall be prohibited unless they are designed to connect with future streets in adjacent land that has not been platted, in which cases a temporary turn-around easement of 90 feet shall be required.

Access to a freeway, arterial or collector street shall occur only at intersections approved by the Director of Community Works. The Director of Community Works shall consult with the Traffic Engineer who shall determine the intersection or intersections for access based upon standards for efficient traffic movement and safety for drivers and pedestrians.

The dedication of a half street shall not be accepted unless:

The subdivider obtains for the City a dedication from the abutting landowner of the other one-half of the street; and

The subdivider obtains from the said abutting landowner an agreement in a form satisfactory to the City Attorney which guarantees the cost of the improvements and construction of the same on the half street within a time suitable to the Director of Community Works; and

The subdivider guarantees the construction of the improvements on the half street which he is dedicating; or

Any other similar arrangement recommended by the Director of Community Works and approved by the Planning Commission and City Council.

When the plat dedicates a street which ends on the plat or is on the perimeter of the plat, the subdivider shall convey the last foot of the street on the terminal end or outside border of the plat to the City of Northglenn in fee simple and such shall be designated by using Outlot(s); the City shall put the same to public use for public road and access purposes when, within its sole and absolute discretion, it deems advisable.

Reverse curves on arterials and collectors shall be joined by a tangent at least 100 feet in length.

Street, and easement right-of-way widths and grades shall meet the following standards:

*Residential streets may have 10' utility easements on both sides of the right-of-way (exceptions may be allowed upon recommendation by the Director of Community Works and approval by the Planning Commission and City Council). Setbacks shall be computed from the edge of the right-of-way.

Streets and easements crossing or intersecting greenbelt areas shall be reviewed by the Recreation Board and it shall forward its recommendations to the Planning Commission and the City Council.

Easements and Fire Lanes.

Easements for utilities shall meet the following minimum standards: at least 10 feet in width where on one side of all rear lot lines or 16 feet total (8 feet on each side) when centered on rear lot lines and 5 feet along certain side lot lines.

Where a subdivision is traversed by an irrigation ditch or channel, natural creek or stream, an easement sufficient for drainage and to allow for maintenance of the ditch shall be provided.

Fire lanes shall be required where necessary to protect the area during the period of development and when developed, an easement therefor shall be dedicated, be 16 feet in width, and remain free of obstructions and provide access at all times.

Street names and numbers.

Street names shall be subject to the approval of the Department of Community Development. Street numbers shall be assigned by the Department of Community Development in accordance with the applicable house numbering system of the City.

[Source: Ord. 177, 1972]

Section 12-3-4. Blocks.

Blocks shall normally be at least 400 feet in length and not more than 1,320 feet in length between street intersections.

Block lengths and widths shall be suitable for the uses contemplated and the zoning requirements pertaining to minimum lot sizes and dimensions.

In blocks over 1,000 feet long, pedestrian crosswalks may be required.

[Source: Ord. 177, 1972]

Section 12-3-5. Lots.

Lots shall meet all applicable zoning requirements.

Lots with double frontage shall be avoided, except where essential to provide separation from major arterials, because of the slope or from incompatible land use.

Side lot lines shall be substantially at right angles or radial to street lines when feasible.

Reverse corner lots shall be avoided where possible but in no event shall the rear yard be less than rear yards as required in the Zoning Code. Frontage on both streets shall meet the minimum requirements of Chapter 11 of the Municipal Code of the City of Northglenn.

[Source: Ord. 177, 1972]

Section 12-3-6. Public Sites, Reservations and Dedications.

Dedications of rights-of-way for public streets through the classification of collector, utility easements, drainage and maintenance easements, and other interests required under the provisions of this chapter shall be made by the subdivider on the plat unless otherwise directed by the City Council.

(b)

Reservation of sites for schools, streets above the classification of collector, greenbelt and other land which is needed for public use upon recommendation from the public agency therein involved shall be delineated on the final plat and reserved for public purchase. The said reservation shall be an irrevocable option for one year, with a right in the public agency to extend it on an annual basis for two additional years. Each extension shall be granted by the subdivider after receiving notice of such election from the public agency involved at least fifteen (15) days prior to the date of expiration. If the option is not so extended, the area so reserved will be free and clear of any and all claim of the said public agency. During the period of the reservation the subdivider shall not erect any structure or improvement thereon but can use the area for purposes other than development; however, such use shall not be inconsistent with the purposes for which the area is being reserved and the use(s) must be approved by the public agency or agencies involved. The public agency benefiting from the reservation shall inform the Adams County Assessor of the property involved, that it has been reserved for the public benefit and shall request that it be assessed on the tax rolls at the minimum value.

The public agency or agencies benefiting from the reservation, if the subdivider makes no use of the reserved area during the period of the reservation, shall pay the amount of the taxes assessed against the reserved area to the subdivider on an annual basis. Further, it shall pay to the subdivider at the time of renewal of each one year's irrevocable option interest at the rate of five (5) percent per annum on the "agreed price". Interest at the said rate will be due also from the date of last option payment to the date the property is conveyed. The "agreed price" shall be based upon the unimproved, undeveloped, current land value of the reserved area and shall be agreed upon, if possible, by the subdivider and the public agency benefiting from the reservation prior to final plat approval.

If the parties are unable to agree upon a price, they may negotiate and select one appraiser mutually satisfactory or negotiate on any other basis suitable to both parties to determine "agreed price". If the parties are unable to make satisfactory arrangements, court proceedings shall determine "agreed price" and the date of the reservation will be the date to be used in the determination of "agreed price".

The court action to determine "agreed price" shall be instituted within ninety days after the plat has been approved even though the actual purchase is not made until later. Taxes as above set forth along with interest at five (5) percent per annum on the "agreed price" during the period of the reservation shall be paid to the subdivider by the public agency. Any encumbrance against the reserved area will be released at the time the "agreed price" is paid.

If the subdivider refuses to reserve a designated area, such shall be grounds for denying approval of the plat. However, if the subdivider is unable to agree with the public agency upon a price for the reserved area, such shall not be grounds for denying approval of the plat.

(c)

The area which was eventually incorporated as the City of Northglenn was developed as a planned community. The subdividers of this area dedicated to the public suitable and adequate lands for schools, parks, and other public uses needed to serve the people which their subdividing activity generated. It is the philosophy of the Planning Commission and City Council that the dedication of land by subdividers for schools, parks, and other public uses is a fair and equitable practice for all parties concerned. It is therefore the intent of the City Council to continue this practice by requiring the subdividers of all land divisions affected by this ordinance to dedicate ten (10) percent of the gross acreage of their development or money in lieu thereof for schools, parks, or other public uses. This land dedication is in addition to lands dedicated for public rights-of-way or easement purposes.

The Planning Commission shall make recommendations to City Council concerning land dedications or money in lieu thereof. The Commission's recommendations shall be based upon the adopted master plan and comments and suggestions received from the various reviewing agencies and City staff. The following factors shall be considered in determining whether land or money in lieu thereof shall be dedicated: the size of the development and its adequacy for accommodating a suitable park and/or school site; the need for park, school, or other public use sites in the immediate area; and the topography, geology and location of land in the subdivision available for dedication and the needs of the people in the area. In lieu of dedicating such area within the proposed subdivisions, the subdivider may dedicate an alternate parcel of the required size within 3/4 of a mile of the proposed subdivision which is acceptable to the City Council after a review and recommendation by the Planning Commission based upon the standards and considerations as above set forth. If a site is accepted, such shall be free of all liens and encumbrances and shall be dedicated to the City of Northglenn for park, school, and other public use purposes.

(d)

In the event a land dedication as above set forth is not approved, then money in lieu of land dedication shall be required. The cash contribution shall equal ten (10) percent of the fair market value of the land to be divided based upon the zoning required for the contemplated development. The cash contribution shall be made prior to approval of the final plat. The funds shall be separately accounted for and shall be used to acquire or develop if possible under the circumstances, parks, schools, or other public use sites within 3/4 of a mile of the area being developed. Land so acquired shall be in the name of the City of Northglenn and/or the school district.

The City and the subdivider may agree upon the fair market value of the land or they may negotiate and select one appraiser mutually satisfactory or negotiate on any other basis suitable to both parties to determine the fair market value of the land. If the parties are unable to make satisfactory arrangements, court proceedings shall be instituted to resolve the question of the fair market value of the land, provided, however, that the subdivider shall be required to abide by the court's decision. The plat shall be approved once the court proceedings have been instituted to determine the fair market value of the land.

If the land being subdivided is in the process of annexation, the subdivider shall meet City of Northglenn standards according to policies and guidelines on annexation as adopted by resolution, motion or ordinance by the City Council.

In the event the land being subdivided has been annexed and as a part of the annexation proceedings has been subject as a part thereof to a parkland contribution, or a cash payment in lieu thereof, or a dedication for school and/or other public use purposes, then the requirement as herein set forth for land or cash in lieu of land should be waived.