The Board of Trustees of the Town of Deer Trail, Arapahoe County, Colorado, does hereby resolve and ordain to enact subdivision regulations and procedures for real property within the Town of Deer Trail.
Whereas, the Town of Deer Trail, (hereinafter referred to as the "Town"), in the County of Arapahoe and the State of Colorado, is the body corporate operating as a statutory Town pursuant to the general statutes of the State of Colorado; and
Whereas, Colorado Revised Statues 31-15-702, 31-15-703, and 31-15-709 give to the governing body of each statutory municipality the power, authority, and discretion concerning the construction of streets, alleys, curbs, sidewalks, and the distribution and installation of water, water pipes, sewers, and related improvements within the Town's boundaries; and
Whereas, Colorado Revised Statute 31-23-214 requires municipalities to enact and enforce subdivision controls by regulations and procedure, which controls and regulations may extend up to three miles beyond the municipality boundaries; and
Whereas, the Board has determined that the Town is presently limited as to water resources available to the Town and the Board wishes to make certain that development or growth within the Town will not take place without appropriate action being taken to insure continued availability of water to all Town residents as well as areas for development and growth; and
Whereas, the Board deems that it is necessary and prudent to specifically define and provide for reasonable subdivision regulations for platted or unplotted properties within and/or to be annexed into the Town and to assure that such growth can be serviced by existing Town utilities and resources.
Now, therefore, be it ordained by the Board of Trustees of the Town of Deer Trail, Colorado, as follows;
Section I: Definitions.
The following definition shall be applicable to this Ordinance.
"Subdivision" means any parcel of land which is to be used for condominiums, apartments, or any other multiple-dwellings units. "Subdivision" also refers to the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. "Subdivision" includes resub division and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.
Section II: Application and Sketch Plan.
Applications for subdivision must be made to the Town Clerk at least thirty (30) days prior to a regular meeting of the Board for the application to be initially considered at such board meeting. The application shall be on a form approved by the Board and shall contain a sketch plan to allow a review of the concept for development of the subject property and the overall feasibility of the project. The sketch plan shall include the following items:
- A plat or map showing the general location of the proposed subdivision, its property boundaries, and the direction of True North.
- The name and address of the owner of the subject property.
- The name and address of the developer of the subject property.
- The legal description of the subject property, if available.
- The approximate total acreage of the proposed subdivision.
- The proposed tentative street and lot arrangement and proposed density of development (including number of buildings, residences, estimated population, etc.).
- Topographic contours from available data, such as the United States Geological Survey topographic maps.
- A lot and street layout indicating general scaled dimensions of lots to the nearest foot.
- A description of the water distribution system contemplated for the proposed development.
- A description of the sewer collection system contemplated for the proposed development.
- A scale of the sketch plan on legible paper which shall be not less than one inch per two hundred feet. Some variation from this scale will be acceptable in the case of large subdivisions provided the plans and design are clearly legible.
- Any other information that the owner or developer believes necessary to obtain the informal opinion of the Board as to the proposed subdivision's compliance with the requirements set forth herein.
- Any other information that the Board may require either before or after the initial application or presentation.
Section III: Initial Determination.
The Board, upon receiving the application and sketch plan, with supporting documentation, shall place the application upon the next available Board agenda for discussion. Upon receiving the application and the presentation, if any, from the developer, the Board may make an initial determination as to whether the proposed subdivision appears to be feasible as to the available Town resources and in the Town's best interests. In making such initial determination, the Board shall consider all relevant factors, including the following stated factors:
- Whether the proposed subdivision is supportive of the Towns' master plan objectives and furthers the overall long-range goals of the Town.
- Whether the proposed subdivision would benefit, harm, or have no effect on the surrounding locale and neighborhoods.
- Whether the Town's infrastructure services, including but not limited to, water, sewer, streets, law enforcement, etc., would be sufficient to service the subject area without harming or adversely impacting, financially or otherwise, existing residences and businesses.
The Board may continue the deliberation of its determination to the next scheduled Board meeting or later if the Board determines that more information is required from the owner or
developer.
In the event that the Board makes an initial determination that the proposed subdivision would not be detrimental to the Town or its citizens and appears to meet the objectives and long range goals of the Town as set forth in its master plan, the Board shall schedule a public hearing concerning the application for the next regularly scheduled Board meeting. In the event that the Board determines that a special meeting is required, the Board shall schedule such special meeting provided that notice of such special meeting is published at least fifteen days prior to the scheduled meeting. Such initial determination shall not be construed to be approval of the application. Further, the public hearing shall not be held until the Town has obtained the Town engineer's opinion as set forth in Section IV below.
Section IV: Engineer Opinion.
No approval shall be given by the Board for a proposed subdivision or development of subdivided property until the Town Engineer and Town Water Attorney, or their designated agents, have reviewed the application and determined that adequate Town water is available for the proposed subdivision development relevant to the overall Town water condition and availability. Such determination shall be in the sole discretion and authority of the Board.
Section V: Hearing and Subdivision Development Agreement.
Upon completion of the public hearing, during which all interested citizens shall be given the opportunity to address the application and ask questions of the owner or developer, should any wish to do so, the Board shall either confirm or deny its initial determination based upon the same relevant factors as set forth above. In the event that the Board confirms its initial determination, the Board shall authorize the Town to enter into a Subdivision Development Agreement with the developer concerning the proposed subdivision. The Agreement may include an Annexation Agreement if the developer is seeking to annex property into the Town for the purposes of the subdivision and has complied with Town Code. The Agreement shall include, among other such provisions as may be required by the Board, the following provisions:
- The developer shall be responsible for the preparation of a final subdivision plat, such plat to be legally sufficient for filing with the Arapahoe County Clerk and Recorder. The Town will not sign the plat or approve the plat for recording until assured that the developer has complied with all provisions of the Agreement. the developer shall be responsible for the cost of recording the plat.
- The developer shall not obtain final subdivision plat approval until the developer provides for the installation of all public improvements required by the development and acknowledges responsibility for the cost and construction of all wastewaters, water, or drainage facilities, and cost and construction of all necessary streets, alleys, sidewalks, curbs, gutters, fire hydrants, and related appurtenances in and through the subject property. In addition to dedicating such improvements to the Town, the developer shall execute such deeds and easements as required by the Town for all sewer and water lines, or other public utilities upon, across or over any of the subject property or adjacent properties.
- The developer shall pay the entire cost of the above public improvements that the developer constructs on, though, or adjacent to Un serviced or undeveloped lands. The construction shall conform to all Town standards and regulations and shall be pre and post approved by the Town or its representatives. The developer shall obtain all necessary building permits prior to commencing construction and shall, upon completion, properly and legally dedicate all such public improvements to the exclusive ownership of the Town.
- The Town may enter into a Recovery Cost agreement with the developer to allow the developer to collect a pro rate share of the construction costs of the public improvements from the owner or owners of property served by the improvements at the time such owner or owners develops his or her property.
- The final subdivision plat may be approved by the Board prior to the completion of the required infrastructure if the developer provides financial guarantees for the completion of the improvements by performance bond, letter of credit, cash, escrow deposit, or other form agreeable to the Board.
- At least thirty days before the commencement of the construction of any phase of the development of the subject property, the developer will agree to submit to the Board a plan development of that phase. The developer agrees not to commence construction of any additional phase until the Town, or its representative approves the plan, and the Town agrees that its approval shall not be unreasonably withheld or delayed.
- Depending upon the size of the proposed subdivision, the Board may require that the developer set aside and dedicate to the Town a portion of the subject property for a park or other recreational purpose.
- In the event that the Town Engineer or Town Attorney have determined that sufficient water is not available for the proposed development of the property, the parties may still enter into a Subdivision Development Agreement dependent upon the developer or owner agreeing to purchase water rights or augmentation rights sufficient to satisfy the proposed development and concerns of the Board and to convey such water rights to the Town.
Section VI: Deemed Withdrawal of Approval
In the event that the Town and the developer cannot agree or enter into a Subdivision Development Agreement within sixty (60) days of the public hearing referred to above, all official approval of the Board in regard to the developer's application shall be deemed withdrawn. Further, if the developer does not commence construction within one year of the date of the execution of the Subdivision Development Agreement, all official approval of the Board in regard to the developer's application shall be deemed withdrawn and the agreement shall terminate.
Section VII: Severability
Should any portion of this resolution be subsequently found by a qualified court of Law to be unconstitutional or unenforceable, the remaining portions shall remain in full force and effect.
Section VIII: Effective Date
The Board deems that this Ordinance is necessary to the immediate preservation of the public health and safety as an emergency situation exists and that said Ordinance should take immediate effect upon adoption.
Adopted and approved this 1st day of December 1998.
Signed Le Roy Koch, Mayor
Attest: Jessica E. Stoumbraugh