7-7 Subdivision Development Regulations

A.    Purpose

Subdivision development regulations are essential for orderly and controlled development within, and adjoining, the City of Ouray. These regulations ensure development is consistent with community plans and constructed to established and required standards. These standards also ensure quality, safety and the overall welfare of property owners, and citizens or customers who use or frequent these developments. Quality development should benefit everyone.

B.    General Provisions

1.    Control

a.    All development plans or proposals shall be subject to the provisions of these regulations, whether a plat is filed or not.

b.    All final plats required by this Section shall be filed and recorded following approval by City Council and after any conditions have been met.

2.    Jurisdiction

These regulations are applicable within the following areas:

a.    All land located within the legal boundaries of the City of Ouray.

b.    All land located within three (3) miles of the corporate limits of the City of Ouray for purposes of access control with reference to the major street plan.

3.    Liability

These regulations shall not create any liability on the part of the City or any officer or employee thereof arising from reliance upon these regulations or any administrative act or failure to act pursuant to these regulations.

4.    Applicability

These regulations also apply to Planned Unit Developments which may be considered and processed in accordance with Section 7-8.

C.    Subdivision Procedure

The subdivision of land shall be accomplished in accordance with the procedures within this Subsection, except as modified pursuant to Subsections 7-7-C-6 and 7-7-C-7.

1.    Preapplication Conference

a.    Prior to filing an application pursuant to this Section, the applicant shall confer with the City’s Community Development department, Building department and/or staff designated by the City Administrator, to obtain information and guidance as to the City’s development procedures and standards.

b.    The purpose of the conference is to permit informal review of development concepts before substantial commitments of time and money are made in the submission of an application, so the applicant may decide how best to proceed in accomplishing the intended activity.

c.    The preapplication conference shall not be used as a design service by the applicant. The applicant shall be responsible for preparing an application that contains sufficient information to enable the City to determine its conformance with the OLUC. Items to be discussed during the preapplication conference may include, but not be limited to the Applicant’s proposal. The applicant shall provide a written description of the proposed development, accompanied by a survey, site plan or other map illustrating the site’s boundaries, and the applicant’s concepts.

d.    Preliminary Evaluation. The applicant may request that the City provide a preliminary evaluation of the project’s conformance with the OLUC. The City may provide a verbal, preliminary evaluation during the conference or in writing within 15 business days thereafter.

e.    No Reliance Provided. The preliminary evaluation, and all other comments made by the City’s staff during the preapplication conference, shall not be deemed to provide the applicant with assurance or reliance as to the outcome of the formal development review process.

2.    Sketch Plan

a.    Following the preapplication conference, the applicant shall submit a Sketch Plan application containing the information specified in Subsection 7-7-D-1 along with the application fee. Staff will review the application and notify the applicant of completeness within 15 days of submittal. Complete applications will be reviewed by Planning Commission at a public hearing within 45 days of staff’s determination of completeness.

b.    The Planning Commission shall review the Sketch Plan to determine its general acceptability, consistence with the City Standards and will consider the following minimum criteria:

i.    Conformity with the Master Plan and zoning regulations.

ii.    Relationship of development to topography, soils, drainage, flooding potential, natural hazard areas and other physical characteristics.

iii.    Availability of water, means of sewage collection and treatment, access and other utilities and services.

iv.    Compatibility with the environment, vegetation and unique natural features.

v.    Compatibility with the architectural history.

c.    The Planning Commission shall approve, conditionally approve or deny the Sketch Plan within seven (7) days of their review and the applicant will be notified in writing. The written notification may suggest desirable modifications to the Sketch Plan. An approved Sketch Plan will be valid for one (1) year from the date of approval.

d.    As part of the Sketch Plan approval, the Planning Commission may recommend waiving the preliminary plat requirement for subdivisions if the development does not require public improvements or other critical and necessary improvements. The City Council will consider the Planning Commission’s recommendation within thirty (30) days and determine whether a waiver of preliminary plat requirements is warranted.

3.    Preliminary Plat

a.    Following the Sketch Plan review, the applicant shall submit a preliminary plan containing the information specified in Subsection 7-7-D-2 along with the application fee. Staff will review the application and notify the applicant of completeness within 15 days of submittal. Complete applications will be reviewed by Planning Commission within 45 days of staff’s determination of completeness, unless the City determines that additional review is required.

b.    The City may have the preliminary plat and supporting documentation and reports reviewed by registered professionals for conformance with City Standards and regulations. Fees associated with these reviews must be paid by the applicant. Additional review time may be required in these cases.

c.    The City may distribute copies of the preliminary plat and supporting documentation to the County Planning Department, the School District, the gas, power and telephone utility companies, the Ouray Fire Department, the Colorado Department of Transportation, other applicable City departments and State or Federal agencies, as deemed necessary or appropriate. Additional review time may be required in these cases.

d.    City staff will prepare a report detailing their review findings and include any reports from review professionals. The report shall provide development information and detail compliance with all applicable City requirements, regulations or standards.

e.    At a public hearing, the Planning Commission shall review the preliminary plat, supporting documentation and City staff report and determine whether the plat complies with all City requirements, regulations and standards. The Planning Commission may continue the public hearing as it deems necessary.

f.    The Planning Commission shall recommend approval, conditional approval, or denial of the preliminary plat within 35 days of the conclusion of the hearing. The plat shall be denied if the proposed improvements or required submittals are inadequate or do not comply with City requirements, regulations or the City Standard Specifications for Infrastructure Construction.

g.    The City Council shall consider the preliminary plat and supporting documentation, the City staff report and the Planning Commission recommendation within 30 days. The City Council shall approve, conditionally approve, or deny the preliminary plat within 30 days of considering the application.

h.    The preliminary plat and supporting documentation consider during the review and approval process must be stamped "approved" accordingly or identified as approved documentation. All revised plans must also be included and plans or reports with professional stamps or approvals must also be identified as approved documentation.

i.    After approval of the preliminary plat and prior to commencement of construction, the applicant and City public works staff shall cooperatively schedule a pre-construction meeting and invite all affected utility companies representatives to said meeting. The applicant is responsible for ensuring contractor(s) and associate employees/staff attend said meeting.

j.    After the pre-construction meeting, and upon submittal and approval of completed submittals and required fees and payment described above, the City shall then issue a notice to proceed and the applicant may commence construction of subdivision improvements.

k.    Building permits may be issued for any property within the development that has been considered and approved during the preliminary plat review process, and that has adequate infrastructure installed to serve the building during the construction phase. The building permit applicant must be the property owner of record. No certificate of occupancy shall be issued until a final plat is approved and recorded.

4.    Final Plat

a.    Following the preliminary plat review and approval, the applicant shall submit a final plat containing the information specified in Subsection 7-7-D-3. Staff will review the application and notify the applicant of completeness within 15 days of submittal. Complete applications will be reviewed by Planning Commission within 45 days of staff’s determination of completeness, unless the City determines that additional review is required.

b.    The final plat shall be submitted to the Planning Commission within one (1) year after approval of the preliminary plat, otherwise, the preliminary plat approval shall become null and void unless an extension of time is applied for and granted by the Planning Commission prior to the expiration of the preliminary plat. Planning Commission may grant an extension not to exceed one (1) year. No final plat shall be approved if submitted beyond two (2) years of approval of a related preliminary plat, except if a phased final plat as described in subsection c.

c.    The applicant may seek final plat approval for a portion of the approved preliminary plat. Submittal and approval of each phase of a final plat will result in a one (1) year extension for the applicant to seek final plat approval of the remaining approved preliminary plat. However, the last phase of final plat approval must be submitted no later than five (5) years after the approval of the preliminary plat. Such an extension does not require approval by Planning Commission.

d.    The final plat must be in substantial conformity with the reviewed and approved preliminary plat. The applicant must demonstrate that all conditions associated with approval of the preliminary plat have been satisfied at the time of submission of the final plat. If the conditions are not satisfied, the submission will be considered incomplete. The applicant may seek a waiver of a condition from City Council prior to the final plat being considered by Planning Commission.

e.    City staff will prepare a report detailing their review findings and include any reports from review professionals. The report shall provide development information and detail compliance with all applicable City requirements, regulations or standards.

f.    At a public hearing, the Planning Commission shall review the final plat, supporting documentation and City staff report and determine whether the final plat complies with all City requirements, regulations and standards.

g.    The Planning Commission shall recommend approval, conditional approval, or denial of the final plat within 35 days after the conclusion of the hearing. The plat shall be denied if it, the proposed improvements or required submittals are inadequate or do not comply with City requirements, regulations or the City Standard Specifications for Infrastructure Construction.

h.    The City Council shall consider the final plat and supporting documentation, the City staff report and the Planning Commission recommendation within 30 days. The City Council shall within 30 days of said meeting, approve, conditionally approve, or deny the final plat. If conditions are placed on the approval of the final plat, the final plat should not be signed by City Staff or recorded until all conditions are satisfied, except if the conditions are part of a Subdivision Improvements Agreement.

i.    No final plat shall be approved until all of the improvements required by these subdivision regulations have been installed, inspected and approved, or a subdivision improvements agreement with security has been provided in accordance with provisions of Subsection 7-7-F-2 of these regulations. The final plat shall be recorded with the County Clerk and Recorder, following approval by the City Council. The recorded final plat shall be the original plat complete with all signatures, dates and other information. An electronic copy of the recorded plat shall be supplied to the City. All recording and filing costs are to be paid by the applicant.

j.    No land shall be subdivided nor any subdivided lot or parcel be sold or conveyed until a final plat has been approved and recorded in accordance with this Subsection.

5.    Lot Splits

a.    A lot previously created by a subdivision plat which has been approved and accepted by the City, and recorded in the Ouray County Records, may be subdivided if the criteria of this Subsection is fulfilled and City approval is granted.

b.    The following may apply for an allowable lot split:

i.    Any parcels created by the split, whether consisting of separately described lots, or parts of lots, shall comply with the minimum design standards of these regulations for lots, and with the applicable dimensional requirements of the City Zoning Regulations.

ii.    The deed or other instrument creating the split shall reserve and be subject to existing easements.

c.    A property owner or representative seeking to split a lot by deed or other instrument, shall submit an application, applicable fee, deed or other instrument to the City for review. City staff shall determine if the application is complete and if the split will be in compliance with the criteria of this Subsection. Staff will notify the applicant of completeness within 15 days of submittal. Complete applications will be reviewed by Planning Commission within 45 days of staff’s determination of completeness. Additional review time will be required for applications requiring professional review.

d.    City staff may require an improvements survey to be submitted if necessary to determine if the criteria of this subsection have been met prior to consideration by the Planning Commission.

e.    The Planning Commission shall recommend approval, conditional approval, or denial of the lot split within 35 days of their hearing. The lot split shall be denied if it does not comply with City Zoning Requirements or other City regulations.

f.    The City Council shall consider the lot split and supporting documentation, the City staff report and the Planning Commission recommendation within 30 days. The City Council shall within 30 days of said meeting, approve, conditionally approve, or deny the lot split.

g.    The lot split shall be recorded with the County Clerk and Recorder, following approval by the City. An electronic copy of the recorded plat shall be supplied to the City. All recording and filing costs are to be paid by the property owner or representative.

6.    Replat

a.    Replats which reduce the number of separately described contiguous parcels or move a boundary line may be approved and recorded pursuant to this Subsection in lieu of other procedures for subdivisions provided in these regulations.

b.    Application and Procedure. No preapplication conference is required. An application and submittal requirements may be obtained from the Community Development Department. Replats are reviewed and decided administratively. Administrative decisions may be appealed to the Planning Commission per §7-5‑H of the Ouray Municipal Code.

1.    Staff will review the application and submitted items notifying the applicant of completeness within 15 days of submittal.

2.    All decisions on replats shall be made within 30 calendar days of a determination of application completeness. Any period during which the applicant has been requested by the City to correct plans, perform required studies, provide additional required information, or otherwise requires the applicant to act shall be excluded from the 30 day time period. The period shall be calculated from the date the City notifies the applicant of the need for additional information until the date all the requested information has been provided to the City.

c.    Decision Criteria.

1.    None of the lots affected will be made substandard with respect to the requirements for lot size and dimensions, as required under the respective zoning district, as part of the Ouray Municipal Code. An existing lot, or parts of an existing lot, may be consolidated into the adjoining lots providing no substandard lot is created; and

2.    No existing building or structure is made substandard or nonconforming; and

3.    Existing easements are not jeopardized or rendered impractical to serve their intended purpose; and

4.    The lots being adjusted are considered buildable lots that can accommodate a legal structure under the zoning standards in place at the time of application.

d.    Recording. Following approval by City administration, the replat shall be recorded with the County Clerk and Recorder. No plat shall be recorded or signed by City staff until all conditions associated with approval have been satisfied. An electronic copy of the recorded plat shall be supplied to the City. All recording and filing costs are to be paid by the property owner or representative.

7.    Amended Plat

a.    Amended subdivision plats previously approved by the City, or parts of such plats, may be approved and recorded in accordance with the provisions of this Subsection in lieu of other procedures provided for subdivisions by these regulations.

b.    Application and Procedure. A preapplication conference is required. Submittal requirements may be obtained from the Community Development Department.

1.    Application. An application and submittal requirements may be obtained from the Community Development Department. Staff will review the application and submitted items notifying the applicant of completeness within 15 days of submittal.

2.    Public Hearing before the Planning Commission. Complete applications will be reviewed by the Planning Commission at a public hearing within 45 days of staff’s determination of completeness. Additional review time may be required for applications requiring professional review. The Planning Commission shall recommend approval, conditional approval, or denial of the amendment within 35 days of the conclusion of the public hearing to the City Council. The amended plat shall be denied if it does not comply with City Zoning Requirements or other City regulations.

3.    City Council. The City Council shall consider the plat and the Planning Commission recommendation within 30 days. The City Council shall within 30 days of said meeting, approve, conditionally approve, or deny the plat.

c.    Decision Criteria.

1.    Amendments shall conform to the requirements for final plats (§7-7-D-3); and

2.    Minimum design standards and dimensional requirements shall be met; and

3.    Existing easements and/or public improvements are not jeopardized or rendered impractical to serve their intended purpose; and

4.    All conditions of approval for the previous plat are complied with unless specifically brought out and modified with the amendment.

d.    Recording. Following approval by the City, the amended plat shall be recorded with the County Clerk and Recorder. No plat shall be recorded or signed by City staff until all conditions associated with approval have been satisfied. An electronic copy of the recorded plat shall be supplied to the City. All recording and filing costs are to be paid by the property owner or representative.

8.    Minor Subdivisions

a.    Subdivisions resulting in 2 lots, which have available all required improvements and comply with the design standards of subsections 7-7-E and 7-7-F, shall be exempt from the requirements relating to the submission of the Sketch Plan, and unless otherwise required by the Planning Commission, from the requirements of the preliminary plat.

b.    The applicant shall submit a minor subdivision plat containing the information specified in Subsection 7-7-D-3. Staff will review the application and notify the applicant of completeness within 15 days of submittal. Additional review time will be required for applications requiring professional review. Complete applications will be reviewed by Planning Commission within 45 days of staff’s determination of completeness. Minor subdivisions are subject to the requirements of Subsection F of these regulations.

c.    The Planning Commission shall recommend approval, conditional approval, or denial of the plat within 35 days of the conclusion of a public hearing.

d.    The City Council shall consider the minor subdivision and the Planning Commission recommendation within 30 days. The City Council shall within 30 days of said meeting, approve, conditionally approve, or deny the minor subdivision.

e.    The plat shall be recorded with the County Clerk and Recorder, following approval by the City. An electronic copy of the recorded plat shall be supplied to the City. All recording and filing costs are to be paid by the property owner or representative.

D.    Requirements and Data on Plats

1.    Sketch Plan

Sketch Plan submittals shall contain the following information and data:

a.    Application. The Sketch Plan Application for all major subdivisions shall include the following information pertaining to the proposed subdivision. The information may be provided in a narrative format:

i.    Total number of proposed dwelling units.

ii.    Water supplier, if not the City, and estimated total number of gallons per day of water system requirements.

iii.    Estimated total number of gallons per day of sewage to be treated and means for sewage disposal. A discharge analysis shall be included for all identifiable non-residential uses (see Colorado Plumbing Code as amended from time to time for estimates).

iv.    Availability of electricity, natural gas and other utilities necessary or proposed to serve the subdivision.

v.    An optional statement, which discusses features of the proposed subdivision, which will promote the goals of the City’s Master Plan.

vi.    The application shall also include a copy of the most recent deed identifying ownership. The property owners of the property under consideration must provide consent or approve of the application and submittal of the outline development plan.

vii.    A vicinity map, drawn at a legible scale showing the project location, with appropriate reference to significant roads or highways, and City Boundaries.

viii.    A detailed map showing property boundaries of the subdivision, north arrow and date. The map shall include the name of the subdivision. The scale of the sketch map shall not be less than one inch equals two hundred feet. The map shall show zoning and land use of all lands within one hundred feet of any property boundary owned by or under option by the applicant.

ix.    A conceptual drawing of the lot and street layout indicating the approximate dimensions, area and number of individual lots and access to the property. Proposed street names should be included.

x.    Existing significant natural and manmade features on the site, such as streams, lakes, natural drainage ways; locations of wooded areas; existing buildings; utility lines; septic systems; irrigation and other ditches; bridges and similar physical features; and on adjacent property sufficient to clarify the proposal.

xi.    Total acreage of the property under consideration.

xii.    Existing and proposed zoning district boundary lines.

xiii.    Proposed uses including residential types, commercial, industrial, parks, open space and community facilities.

xiv.    Type and layout of all proposed infrastructure including streets, utilities, water and sewer systems.

xv.    Existing and proposed storm water facilities pertaining to the property under consideration.

xvi.    Provision for sufficient off-street parking and adequate school bus stop, and mail box locations, where applicable.

xvii.    Existing site problems or peculiarities, such as poor drainage, flood plain, wetlands, natural and geologic hazards, water seepage and areas with slopes of 3 vertical to 1 horizontal or more.

xviii.    Public uses and other areas proposed to be dedicated to the City or conveyed to an Owner’s Association, and the proposed use of such areas.

xix.    Existing utility, access, irrigation and other easements.

2.    Preliminary Plat

The preliminary plat, plans, submittals and proposed improvements shall comply with the requirements of these Subdivision Regulations, other applicable City Regulations and City Standard Specifications for Infrastructure Construction.

All plans shall contain the following information and data:

a.    All plans shall be drawn with scale dimensions of not less than 1 inch = 100 feet.

b.    The scale used and direction of true north.

c.    A vicinity sketch map.

d.    The location and dimensions of all existing and proposed streets, alleys and easements, streetlights, street signs and other improvements.

e.    Lot numbers, block numbers and location of lot lines.

f.    All locations of areas dedicated for public use, such as schools, parks, and playgrounds.

g.    The location of sites for single-family dwellings.

h.    Location and acreage of sites for multi-family dwellings, shopping facilities, community facilities, industry or other uses, exclusive of single-family dwellings, but including areas planned for snow storage and refuse collection.

i.    Name of the proposed subdivision, names and addresses of owners, developers, designers and engineers, legal description, description of encumbrances, and names of holders thereof.

j.    The location of water courses, including lakes, swamps, ditches, floodways, flood prone areas; and the location of existing utility lines, pipes, poles, towers, culverts, drains and drainage ways.

k.    Five foot elevation contours at a minimum and the boundaries of the 100 year floodplain and 100 year floodway.

l.    An indication of the total area of streets and alleys, areas of lots and area of any property dedicated to public or other uses.

m.    Accompanying the preliminary plat or included upon it shall be plans, drawings or information for the following, prepared by a registered professional engineer, where applicable:

i.    A final site grading plan.

ii.    Plans for any proposed sanitary sewer system showing location, grade, pipe sizes and invert elevations.

iii.    Plans for any water system and fire protection system showing locations, pipe sizes, valves, storage tanks and fire hydrants.

iv.    Plans for any storm drainage system showing location, pipe sizes, drains, surface drainage ways and discharge points.

v.    Plans for proposed streets, alleys, sidewalks, curbs, gutters, bike paths and walkways showing the grade and cross section.

vi.    Any proposed covenants, condominium declarations, articles of incorporation and by-laws for any homeowners’ association, and contracts for maintenance of improvements.

vii.    Written approval or an access permit from the Colorado Department of Transportation for any access to Highway 550 directly from any lot and for any new street serving the subdivision that intersects said highway.

viii.    Certificates on forms approved by the City to document approval of the preliminary plat and the form of the certificates proposed to be used to comply with the requirements imposed for the final plat as found in subsection 3 of this Section and draft plat notes.

ix.    A soils report prepared by a geologist or licensed engineer, which addresses building foundation design requirements, when and where conditions dictate the need for such analysis.

x.    Engineering Geology Report.

1.    An Engineer Geology Report (EGR) prepared by a registered professional engineer or a qualified geologist shall be required on properties:

a.    Identified as hazard areas in State of Colorado Special Publication 30, except as modified by LOMRs issued by FEMA dated November 9, 1998 and December 9, 2005;

b.    On property or adjacent areas that have been subject to significant events as a result of a geologic condition within the past 100 years; or

c.    On properties proposed for development that have slopes of 3 vertical to 1 horizontal or greater.

2.    An EGR shall include an adequate description of the hazards or geologic conditions of the site, conclusions and recommendations regarding the effect of hazards and/or geologic conditions on the proposed site development or activity, an opinion of the adequacy for the intended use of sites to be developed, as affected by hazards and/or geologic conditions. The EGR must also provide detailed construction and maintenance plans for each mitigation measure. It shall be the responsibility of the Applicant to identify and mitigate natural hazards according to guidelines set forth by the State of Colorado in Special Publications 6 and 30, Guidelines and Criteria for Identification and Land-Use Controls of Geologic Hazard and Mineral Resources Areas. The Applicant may also refer to the Colorado Geologic Survey’s Engineering Geology Report Guidelines in order to provide an adequate EGR as required by this Code. However, nothing in the Engineering Geology Report Guidelines shall have control over this Code or the determination by the City of the adequacy of the submitted EGR.

3.    The City reserves the right to refer the EGR to a professional engineer or qualified geologist or to the Colorado Geological Survey or similar agency for review.

4.    If the Applicant does not submit an EGR, the Applicant must provide an explanation written and certified by a professional engineer or qualified geologist stating the reasons for the failure to submit the Report. The City reserves the right to submit the application to an engineer to determine whether an EGR is required. Failure to submit an EGR where the City determines one is required shall be grounds for denial of a permit application.

xi.    The name, address and telephone number of all surface owners, mineral owners and lessees of mineral rights as their names appear upon the plats or records in the Ouray County Clerk’s Office. Addresses shall be used as listed most recently in a directory in general use or as on the tax records of Ouray County. Proof of mailing to the above of a notice of the hearing shall be required.

xii.    Evidence that provision has been made for gas, electric and phone service pursuant to C.R.S. §31-23-214(3).

3.    Final Plats

The final plat shall be an engineered drawing prepared to normal engineering tolerances of accuracy. The plat shall be drawn in permanent ink on a mylar, with dimensions of 24" by 36", and shall be at a scale of 1 inch = 100 feet. The final plat may constitute the entire approved preliminary plat or any logical portion of the approved preliminary plat proposed for final plat review and subject to development and recording. The final plat shall conform with the approved preliminary plat and shall include all changes and additions as required by the City Council and shall show the following:

a.    Primary control points, or descriptions and "ties" to control points for all dimensions, angles, bearings and similar data on the plat.

b.    Tract boundary lines, rights-of-way lines of streets, easements and other rights-of-way, property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves. All dimensions, both linear and angular, shall be determined by an accurate control survey in the field, which must balance and close within a limit of one in ten thousand. No final plat showing plus or minus dimensions will be approved.

c.    Total acreage and surveyed legal description of the subdivision including total acreage of public streets, alleys and other property dedicated for public use.

d.    Location, dimensions and purpose of any easements.

e.    Numbers and/or letters to identify each parcel, tract, block, or lot.

f.    Purpose for which sites, other than residential lots, are dedicated or reserved.

g.    Location and description of all survey monuments, both found and set.

h.    Reference to recorded subdivision plats of adjoining platted land by record name, date and number.

i.    Signature and seal of the Colorado registered land surveyor, certifying to the accuracy of the survey and plat, including a statement explaining how bearings, if used, were determined.

j.    Signature block for certification of approval by the Planning Commission and City Council, with signatures by the Chairman of the Planning Commission and the Mayor for City Council.

k.    A certificate of ownership and statement by the owner and applicant dedicating streets, rights-of-way, easements and public sites, properly executed and notarized.

l.    Title under which the subdivision is to be recorded, scale, north arrow and date.

m.    Boundaries of the 100 year floodplain and floodway.

n.    Plat notes and restrictions as appropriate to implement compliance with this Section and all conditions of approval, which may include criteria necessary to implement the City’s Master Plan requirements for all outdoor lighting to be shielded so that the light source is not directly visible from off the premises.

o.    A vicinity sketch map.

p.    A certificate from an attorney that title to the property is in the name of those parties executing the dedication, and that property dedicated to the City will be free and clear of all liens and encumbrances affecting marketability.

q.    The City Attorney’s certificate for recording and a certificate of recording to be executed by the County Clerk and Recorder.

r.    Such other certificates, affidavits or endorsements as may be required by the Planning Commission or City Council in the enforcement of these regulations.

s.    Accompanying the final plat shall be the following:

i.    Complete engineering plans and specifications for all improvements to be installed, including water and sewer utilities, streets and related improvements, bridges, storm drainage and other required improvements.

ii.    Clearance record showing approval by utility companies.

iii.    Protective covenants in a form for recording.

E.    Design Standards

1.    Minimum Standards

a.    All improvements shall be constructed in accordance with the minimum standards set forth below and other applicable City Specifications and Design Standards for Infrastructure Construction and other applicable City ordinances or regulations. All public and private improvements shall be in substantial conformity with the preliminary plat as approved, the City Master Plan and amendments thereto, and in accordance with standard engineering and construction practices.

b.    The City may allow a deviation from these design standards under the following circumstances:

i.    The deviation is not intended to merely reduce the cost to the applicant, and will not adversely affect the quality of the subdivision or the public health, safety and welfare, and will not undermine the purposes of these regulations, or be substantially inconsistent with the City’s Comprehensive Plan, and

ii.    The alternative design is necessary to reasonably accommodate development of unusually shaped parcels or parcels with waterways or other limiting topographical features, or

iii.    The alternative design will more effectively implement the purposes of these regulations and the public health, safety and welfare, or

iv.    The alternative design is superior in functionality, durability or utility to the City, or

v.    The alternative design will conform to existing adequate public improvements within the subdivision previously approved by the City.

2.    General Design Considerations

a.    A proposed subdivision shall comply with the Master Plan.

b.    A subdivision shall be designed such that no undue burden is placed on the City street system, the storm drainage system, other municipal facilities and utilities and services on or adjacent to the property. Site drainage must be addressed and shall not interfere with natural drainage. Mitigation of natural hazards will be required when identified.

c.    A proposed subdivision shall be designed in such a manner as to be coordinated with adjoining subdivisions with respect to alignment of streets and utility and drainage easements, rights-of-way and reservation of open spaces.

d.    Subdivision design and layout shall give consideration to the preservation of wooded areas, streams, and other desirable natural landscape features.

3.    Streets and Circulation:

a.    Arrangement of Streets

i.    Streets shall be arranged and designed to coordinate with and conform to existing or planned streets, topographic conditions, public convenience and safety, and to accommodate the proposed use of land to be served.

ii.    Street arrangement shall provide for the continuation or projection of streets on adjacent land, if appropriate. This requirement shall not be applicable where such extension would be prevented by topography or other physical conditions or where such connection of streets with existing or probable future streets is deemed by the Planning Commission to be unnecessary for the advantageous development of adjacent property.

b.    Closed-End Streets: Closed-end streets shall be provided with circular turn-arounds or T-shaped or Y-shaped termini, with minimum dimensions as follows:

i.    Circular turn-arounds shall have a minimum outside right-of-way diameter of eighty (80) feet. A smaller diameter may be allowed if approved by the Planning Commission, and shall at a minimum be sufficient for turn-around of any vehicle which may reasonably make use of such street, and all fire department vehicles.

ii.    A T-shaped or Y-shaped terminus may be provided in mountainside subdivisions as an alternative to the circular turn-around. Where provided, the wings of such T or Y shall be at least 20 feet deep measured from the street boundary and at least 12 feet wide, exclusive of parking spaces.

c.    Intersections. Streets shall intersect as nearly as possible at right angles. No street shall intersect any other street at an include angle of less than 45 degrees.

d.    Minimum public street right-of-way widths shall be as follows:

Actual Street Width

Street Type

Including Parking

Right-of-way

Major Street

70 feet

100 feet

Minor Street

30 feet

54 feet

Alley

N/A

20 feet

e.    Vertical Alignment

i.    No vertical grade shall be less than 0.5 percent in order to facilitate adequate drainage.

ii.    The maximum percent of street grade shall be ten (10) percent, except as provided in (iii) below.

iii.    The street grade requirement set forth in (ii) above, may be waived by the City upon submission of engineering studies indicating that street construction for the development cannot meet the required grade. The City Council shall not accept such streets for maintenance and a statement to this effect shall appear on the final plat.

f.    Visibility Requirements. No substantial impediment to visibility between the heights of three (3) and (8) feet shall be created or maintained at street intersections.

g.    Street Names. All street names that do not duplicate the name of any other street name in the City or County of Ouray, shall be approved by the City Council. New streets which are extensions of, or which are in alignment with existing streets shall bear the names of these existing streets.

h.    Private Streets. Private streets, unless approved by PUD, shall not be allowed. Private access easements serving only one (1) lot may be allowed, provided that no such easement shall be less than 20 feet in width.

i.    The City may require any street, sidewalk and related infrastructure, on a steep slope, or where there is any evidence to suspect problems due to instability, or other adverse soil conditions, to be owned and maintained by the lot owners or an owners’ association, or may require an extended warranty of maintenance and repair from the applicant. A slope easement shall be dedicated to the City to accommodate the area of any cut or fill off of the right-of-way and an additional ten (10) feet beyond the cut or fill. Such easement shall allow the City to maintain the slope, cut and fill, and street improvements. Additionally, such easements may be accompanied by a plat note holding the City harmless on account of any sloughing or disturbance due to maintenance of the cut or fill.

4.    Utility Easements. Utility easements shall be a minimum of 20 feet centered on lot lines and 10 feet on either side of a street, where appropriate.

5.    Blocks. The lengths, widths and shapes of blocks shall be determined as follows:

a.    Provision for adequate building sites suitable to the special needs of the type of use contemplated.

b.    Need for convenient access, control and safety for vehicular and pedestrian traffic circulation.

c.    Limitations of topography.

6.    Lots

a.    In general, lot area, width, depth, shape and orientation shall be appropriate for the location of the subdivision and use contemplated, and shall be compatible with the terrain and topography. All lots shall conform to all City Zoning Regulations.

b.    Depth and width of lots for multiple-family, public accommodations and commercial purposes shall be adequate to provide for off-street parking and service areas required by the type of use and development contemplated. All parking shall comply with all City Zoning Regulations.

c.    Each lot shall have satisfactory access to a public or approved private street. Satisfactory access must include adequate clearance and slope for emergency vehicle access. If the proposed lot does not abut a public street, the applicant shall provide a 20 foot access easement or right-of-way from the lot to a public street.

d.    Insofar as possible, all lot lines shall be at right angles to straight streets and radial to curved streets.

e.    All lots and parcels created will have access to the State highway system in accordance with the State Highway Access Code.

7.    Water, Fire Protection and Sewer Systems

a.    Water, fire protection and sewer systems shall be designed by a registered engineer and constructed in accordance with standard engineering practices to City Standard Specifications for Infrastructure Construction. All improvements shall be of sufficient size and design to adequately supply water, sewer and fire protection to each building to be constructed in the development.

b.    Fire hydrants shall be installed at street intersections, or as necessary, to insure that no building is located a distance in excess of 300 feet from the nearest fire hydrant.

8.    Curb, Gutter and Sidewalks

Curb, gutter and sidewalks shall be designed and constructed in accordance with City Standard Specifications for Infrastructure Construction.

9.    Drainage

a.    Drainage systems shall be provided in accordance with the approved final plat and conform to the City Standard Specifications for Infrastructure Construction. The flow of water shall be directed to natural drainage ways as they exist and utilizing a minimum 20 foot easement. Where water courses or ditches traverse the subdivision, lots and improvements shall be designed and provided to protect against flooding in accordance with the City’s Floodplain Regulations.

b.    The storm drainage system shall be of sufficient size and design to transport all developed drainage from within the subdivision or development while also conveying historic site storm water or runoff passing through the subdivision or development from adjacent areas.

c.    No drainage system shall be designed that increases drainage or discharge to property outside the subdivision unless approved by the City Council. This may also require approval from any affected property owners.

10.    Hazard Mitigation

a.    Where hazards and/or geologic conditions are identified in the EGR that could adversely affect the development, the Applicant must take the steps necessary to mitigate the hazards and/or geological conditions.

b.    Mitigation shall be in accordance with recommendations made by a registered engineer or qualified geologist and detailed in the EGR if the EGR meets the requirements of the City. The City reserves the right to refer the EGR to a professional engineer or qualified geologist or to the Colorado Geological Survey or similar agency for review. The City further reserves the right to impose conditions for required mitigation based upon the recommendations of the agency or individual to which the EGR or proposed subdivision is referred.

c.    The property owner will indemnify, defend and save harmless the City, its agents, officers and employees from and against any and all liability, expenses including defense costs and legal fees, and claims for damages of any nature whatsoever, including bodily injury, death, or property damage arising from or connected with any activity related to these hazards, geologic conditions and mitigation measures. A release signed by the property owner on forms approved by the City shall be recorded with the Ouray County Clerk and Recorder. The release shall be included in a plat note.

11.    Snow Storage

a.    All snow storage necessary for the subdivision shall be provided within the subdivision.

b.    For planning purposes, one (1) square foot of snow storage space is necessary for each three (3) square feet of public or private land to be cleared, except public streets.

c.    Such snow storage areas should be graded so drainage for these areas is away from adjacent building sites or other structures and improvements.

d.    Developments are not permitted to address snow storage requirements with snow removal or snow hauling plans.

e.    Snow storage should not interfere with intersection views, traffic or signage.

f.    Snow storage shall not be located on wetlands, unless otherwise agreed by the City.

12.    Plat Notes

a.    Plat notes and covenants may be required by the City as appropriate to implement the provisions of these regulations, and to hold the City harmless from risks associated with natural hazards and conditions, or other risks. Plat notes shall denote any and all conditions or allowances approved by the City Council.

b.    Plat notes on prior City plats are superseded unless reiterated or incorporated by reference on the plat.

c.    Plat notes may also be required in the following circumstances:

i.    To set out maintenance requirements of the lot owners, enforceable by the City, for various improvements such as drainage, detention and retention facilities, commonly owned areas, private streets and other private improvements.

ii.    To require engineered foundations in areas of steep slopes or other soil conditions together with provisions giving notice of, and holding the City harmless from, potential problems due to slopes, cut and fill areas, adverse soil conditions or natural hazards.

13.    Monuments

In addition to the requirements of C.R.S. §38-51-105, all lots shall be monumented, and monuments shall be placed at all street intersections, at all points where street lines intersect the exterior boundaries of the subdivision, at angle points and points of curve in each street, and at points of change of direction in the exterior boundaries of the subdivision.

14.    Parks, Trails, Open Space, Recreation Facilities, Common Areas

a.    The provision for parks, trails, open space, common areas, and recreation facilities shall conform to the minimum design standards as set forth herein, and the City specifications for parks.

b.    All non-public common areas or elements and open spaces will be owned, located, constructed, installed and maintained in perpetuity, with appropriate City approved plat restrictions on use and covenants for ownership and maintenance. All non-public common areas shall be located, constructed and installed in compliance with plans as reviewed and approved pursuant to these regulations.

c.    Public parks, sidewalks, bike paths, recreation trails, pedestrian walkways and parkways shall be provided consistent with the Master Plan, integrated with existing and planned sidewalks, bike paths, parks, recreation trails, pedestrian walkways and parkways whenever feasible and shall be designed and constructed in accordance with City design and construction standards.

d.    Unless otherwise authorized, areas which will be available for use by the public in addition to the residents of any subdivision shall be conveyed by easement or dedication to the City. Sidewalk and recreation trails shall conform to the Americans with Disabilities Act where applicable.

e.    Unless otherwise authorized, parks developed in accordance with City standards and specifications at least two acres in size, shall be available for use by the public and shall be dedicated to the City. Parks of less than two acres shall be owned and maintained under common ownership, and must be a minimum of one acre in size.

f.    Natural watercourses shall be developed and preserved consistent with City Floodplain Management Regulations, Storm Drainage Requirements and Federal Clean Water Act Section 404 Permit requirements, to minimize safety, environmental, and other hazards, and shall be integrated with the City’s Master Plan for such watercourses whenever feasible. Parks, open spaces, and trails shall be sited in floodplains instead of developable areas, when possible.

g.    Developed and dedicated parks shall be provided at the applicant’s expense for all subdivisions, except lot splits and replats as defined in these regulations, or those with plat restrictions prohibiting the public. In accordance with the National Parks Standard adopted by the City, applicant shall dedicate developed park land based upon a formula of ten (10) acres of developed and usable park land per 1,000 residents, calculated at build-out of the proposed subdivision. For purpose of this calculation, it shall be assumed that each residential unit shall house two and one-half (2.5) residents.

h.    Developed park land shall require submittal and approval of a park plan during the preliminary plat process. The plan shall address grading and topsoil preparation, access, irrigation system, park access, equipment, and landscape plantings. This plan must be approved by the City and conditional with the preliminary plat approval.

i.    Subdivisions where the dedication of park land or open space is not practicable, such as subdivisions involving small land area or few lots, or other unusual circumstances, or when the required acreage computed by the formula of paragraph (g) above is less than one acre, the City may require or accept a cash payment in lieu of construction of developed parks based upon the City’s average park development costs and land acquisition costs as stated below. Payment in lieu of shall be calculated as follows:

i.    Number of additional lots or units created x 0.025 (acres park land per lot or unit) x $48,120.00 (value per developed park land acre based upon $15,000 per acre land value plus $33,120 park land development cost) = $1203.00 per lot or unit.

ii.    Such payments shall be collected prior to recording the final plat and used by the City for park acquisition and development purposes. Such payment may be subject to a City discount established by City Council from time to time (initially $414 per lot or unit) to recognize a City-wide contribution toward regional parks.

iii.    The City may also require development of only a portion of the park requirement as appropriate to meet the need for a neighborhood park and require a payment in lieu for the remainder of the obligation to be utilized by the City for community parks. In determining which of the combination of the above policies to implement the City will consider the following: The size of the development and its adequacy for accommodating a suitable public use site; existing parks and other public uses in the area; the topography, geology and location of land in the subdivision available for dedication; the needs of the people in the subdivision; and any other appropriate factors.

j.    When authorized by the City, requirements for developed parkland may be partially or wholly met, all or in part, by alternative provision of public access open space areas such as riparian habitat, floodplains, wetlands habitat, view corridors or trails. The appraised land value of such an alternative dedication shall be equal to the total value of the developed park land which it replaces based on values as calculated pursuant to paragraph above.

F.    Required Improvements

1.    General Requirement

a.    Street and utility improvements shall be provided in each new subdivision in accordance with the standards and requirements of City Standard Specifications for Infrastructure Construction, and at the expense of the applicant.

2.    Subdivision Improvements Agreement

a.    A Subdivision Improvements Agreement on forms approved by the City shall be recorded with any final plat for all subdivision improvements. The applicant may wish to have the final plat approved prior to the installation, inspection and approval of all required improvements, however financial instruments must be provided to guarantee the completion of all improvements within four (4) years after approval of the final plat and incorporated into the Subdivision Improvements Agreement. Financial instruments shall be in the form of the following:

i.    A subdivision improvements and lien agreement placing an adequate lien on subdivided lots, with an escrow account with the City into which the applicant shall pay, prior to the sale of any lot in the subdivision, an amount to be verified by the City (with cost estimates provided by the applicant), equal to one hundred fifty percent (150%) of the pro rata cost to complete the improvements necessary to serve that lot; or

ii.    A cash escrow deposited with the City or a clean irrevocable letter of credit in an amount to be verified by the City (with cost estimates provided by the applicant) equal to one hundred and fifty percent (150%) of the pro rata cost to complete the subdivision improvements necessary to serve the subdivision.

iii.    Security shall not be required for payment in lieu of parks provided in Subsection 7-7-E-14-i, as such money payment shall be collected prior to recording the final plat.

b.    Funds in any escrow account shall be returned to the applicant upon the completion of the improvement secured, submission of record drawings, and acceptance by the City.

c.    The applicant shall complete all improvements by any stated completion date or within four (4) years of the approval of the final plat by the City. In the event that all required improvements are not completed, inspected and approved within four (4) years of the date of the approval of the final plat by the City, the City may withhold further building or occupancy permits, or water taps or sewer taps in such subdivision until such improvements are completed. It shall then be unlawful to sell any further lots in the subdivision until all improvements are completed. The City may take any other lawful action to enforce completion of the improvements.

d.    The City Council may authorize extensions of time to complete all improvements beyond the four (4) year limitation as set forth herein.

3.    Right-of-Way Improvements

Bridges, culverts, open drainage channels and satisfactory surfacing shall be provided on each right-of-way in each subdivision. Such improvements shall be constructed to City Standard Specifications for Infrastructure Construction as approved by the City.

4.    Utility Improvements

The following utility improvements shall be installed in each new subdivision in accordance with City Standard Specifications for Infrastructure Construction hereinafter specified:

a.    Storm drainage system

Conduits, drains, ditches, storm sewers and other drainage improvements may be required where deemed necessary by the Planning Commission and City.

b.    Potable Water System

The potable water system shall be connected to the water system of the City of Ouray. Construction details shall be in accordance with any specifications promulgated by the City of Ouray. All water system installation shall be subject to all City ordinances and agreements.

c.    Fire Hydrants

Ouray standard fire hydrants shall be installed.

d.    Sanitary Sewage System

The sanitary sewage system shall be connected to the sanitary sewage system of the City of Ouray and shall be of sufficient size and design to collect all sewage from all proposed or probable structures in the development.

e.    Installation of Over-Sized Utilities and Improvements

i.    All water service required to serve a subdivision, including cross-connecting mains, shall be installed at the expense of the applicant. Unless otherwise specifically provided in these regulations, the applicant shall install mains to the farthest point of the subdivision.

ii.    When an applicant is required to extend existing water mains, the applicant shall pay the costs of original construction. The size of the mains shall be determined by the City Council on the recommendation of the Planning Commission and Public Works Director.

iii.    Nothing in this Subsection shall preclude the City Council from entering into an agreement with the applicant relating to the costs of extension of utilities.

iv.    All required extensions of the sanitary sewer system shall be financed by the applicant unless otherwise provided by the City.

5.    Other Improvements

The following other improvements are required:

a.    Telephone and electric service lines, television cables and similar utility installations shall be placed underground. Electric transmission and distribution feeder lines and communications trunk and feeder lines and appurtenances necessary thereto may be placed above ground. Transformers, switching boxes, terminal boxes, meter cabinets, pedestal ducts and other facilities necessarily appurtenant to underground utilities may also be placed aboveground.

b.    Permanent reference monuments made of stone, metal or concrete.

c.    Street signs, stop signs, or similar traffic control devices.

d.    Street lights must be shielded so that the light source is not directly visible off the premises.

e.    Curb and gutter shall be provided along paved streets and where required by City specifications. Concrete sidewalk shall be provided along all abutting streets except when the Planning Commission and City Council determine that sidewalk is necessary on only one side of a local street because of the shortness of the street, unusual topographical factors or other circumstances which alleviate the need for such sidewalk. In those cases where the proper grade of the sidewalk cannot be determined, the Planning Commission and City Council may authorize the execution and recording of an agreement on forms provided by the City to join in an improvement district to install the sidewalk at such time as sidewalk construction becomes feasible instead of immediate construction.

f.    Parks, open space, bike paths, pedestrian and recreation trails.

g.    Improvements to mitigate identified natural hazards.

h.    Offsite improvements, when it is determined by the City Council after recommendation by the Planning Commission that such are necessary to serve the subdivision, mitigate the impacts of the subdivision and to provide for the public health and safety shall be provided at the expense of the applicant.

i.    CDOT required intersection and driveway improvements.

G.    Developments Adjacent to or Contiguous With the City of Ouray

1.    All subdivisions within the County of Ouray but outside the incorporated limits of the City of Ouray, which are submitted by the Board of County Commissioners or the Ouray County Planning Commission to the City for approval, shall be referred to the Planning Commission.

2.    Staff will review the application and notify the applicant of completeness within 15 days of submittal. Additional review time will be required for applications requiring professional review. Complete applications will be reviewed by Planning Commission within 45 days of staff’s determination of completeness. The Planning Commission shall recommend approval, conditional approval, or denial of the lot split within 35 days of their hearing.

3.    The City Council shall review the referred subdivision and the Planning Commission recommendation within 30 days. The City Council shall within 30 days of said meeting, approve, conditionally approve, or deny the plat.

4.    An approval or denial recommendation must be forwarded to the County complete with a written record of City Council’s findings and basis for their decision. In the event the City Council approves such request, a condition of such approval shall be that all development of such rezoned property be in strict compliance with Sections 7-7-E and 7-7-F.

(Source: Ordinance No. 1, 2016)