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1. Final plat.

a. Final plat purpose. The purpose of the final plat is to complete the subdivision of land consistent with the technical standards.

b. In addition to the submittal requirements found in Appendix A, an application for a final plat must include:

(1) A written description confirming that the final plat conforms with the preliminary plat. In addition, the description shall address how the proposed development conforms with the community design principles and development standards.

(2) Complete engineering plans and specifications:

(a) Construction plans and profiles shall be prepared by a registered professional engineer licensed in the State of Colorado, shall be twenty-four (24) inches high by thirty-six (36) inches wide and provide the following information:

i) The horizontal to vertical scales shall be chosen to best depict the aspects of the design.

ii) Minimum horizontal scale: 1" = 100'.

iii) Minimum vertical scale: 1" = 10'.

iv) The typical road geometric and structural cross-section is to be shown on each plan sheet.

v) The plan must show right-of-way lines and widths, road names, lot lines, tangent lengths and bearings, curve radii, delta angles, curve lengths, chord lengths and bearings, stationing at all beginning of curves and end of curves, intersections, structures, angles, curb lines, cross pans, traffic control devices (islands, striping, signs, etc.), drive cuts, curb returns and radii, and all other features to enable construction in accordance with approved standards and standard engineering practices. Construction plans shall also include water, sewer, sanitary sewer and any other utilities such as irrigation ditches. (Note: The developer/owner is responsible for coordinating with the appropriate dry utility companies (i.e., gas, electric, telephone, cable).

vi) The profiles shall include ground lines, grade lines of curb and gutter or centerline of street elevation at the point of intersection of vertical curves, intersections and other critical points, structures and all other features required to enable construction in accordance with approved standards.

vii) Signature blocks for all utility providers unless otherwise provided in agreement form.

(b) Structure details. Sufficient data shall be given to construction of major structures and road appurtenances such as bridges, culverts, gutters, drives, walks, cross pans, etc.; detail shall include orientation line and grade, cross-sections, dimensions, reinforcement schedules, materials, quality specification, etc.

(c) Sewage collection and water supply distribution plans, profiles and specifications. The plans, profiles and specifications shall be prepared by a registered professional engineer and shall be accompanied by written approvals from the applicable water and sanitation district.

(d) Final drainage plans and reports. Based upon the approved preliminary drainage plan, a final report is to be submitted in accordance with either the Weld County Tri-Area Sanitation District’s Standard Requirements for Storm Drainage Design Criteria and Construction Standards or the I-25 Corridor Master Drainage Plan Godding Hollow and Tri-Town Basins South Weld County, Colorado as determined at the initial preapplication conference. The plan and report must provide:

i) Cross-sections of each water carrier showing high water elevations for one-hundred-year runoff and adjacent features that may be affected thereby.

ii) Written approvals, as may be required, from other agencies or parties that may be affected by the drainage proposals (i.e., FEMA, Weld County, ditch companies).

iii) Supporting calculations for runoffs, times of concentration, flow capacity with all assumptions clearly stated with proper jurisdiction when needed or requested.

iv) Erosion control plans, when required, to be submitted as a result of preliminary plan review.

(e) Final grading plan. The final grading plan shall be twenty-four (24) inches high by thirty-six (36) inches wide and illustrate existing and proposed contours and lot and block grading details (per FHA requirements if FHA insured).

(f) Soils reports. The soils reports shall detail special foundation requirements (shall be submitted after overlot grading is complete) and pavement design (may be submitted prior to a building permit).

(g) Final street lighting plan. A final street lighting plan shall be prepared in conjunction with United Power and the Town. The plan must specify the number, kind and approximate location of street lights.

(3) Special documents (as needed):

(a) Special improvement district documents.

(b) Special agreements (as may be required by the Town).

(c) Work in right-of-way permit (from Town).

(d) Floodplain use permit (from Town).

(e) Grading permit (from Town).

(f) State highway utility permit (from Colorado Department of Transportation).

(g) State highway access permit (from Colorado Department of Transportation).

(h) Construction dewatering permit (from Colorado Department of Public Health and Environment).

(i) 404 permit (from Army Corps of Engineers).

(j) Air pollution emission notice (APEN) (from Colorado Department of Public Health and Environment).

(k) Work in ditch right-of-way permit (from individual ditch companies).

(l) Rare species occurrence survey (from U.S. Fish and Wildlife Service).

(m) Memorandum of agreement for public improvements (MOAPI). This agreement assures construction of the required improvements. This document shall be signed by the developer and the Town; the signatures shall be notarized; and the document shall be recorded by the Town Clerk with the County Clerk and Recorder.

i) An MOAPI shall include a list of all agreed-upon improvements, an estimate of the cost of such improvements, the form of guarantee for the improvements, which shall be in an amount not less than 100% of the total estimated cost of the improvements, and any other provisions or conditions deemed necessary by the Board of Trustees to ensure that all improvements will be completed in a timely, quality, and cost-effective manner. An MOAPI shall run with and be a burden upon the land described in the agreement.

(n) General warranty deed or special warranty deed with title policy. This deed conveys to the Town all public lands other than streets shown on the plat or, in lieu of a deed, cash amount to be determined by the Town.

(o) Improvements guarantee. Cash, certified check or a letter of credit issued by a bank in Colorado or other acceptable collateral in an amount not less than 100% of the total estimated cost of the improvements or as otherwise stipulated to in the MOAPI or other agreements or contracts, posted in favor of the Town and as otherwise deemed sufficient to assure construction of public improvements for either part or all of a particular plat at the discretion of the Board of Trustees. Partial releases of a guarantee may be considered when development is phased and an initial phase has received final acceptance, subject to retentions during the warranty period.

(p) Approved adjudication of water rights and a plan of augmentation (if applicable).

(q) Protective covenants, homeowners’ association (HOA) documents, articles of incorporation for HOA and architectural design guidelines finalized and in a form for recording. If there are open space areas to remain in private ownership within the subdivision, the HOA documents must have in place a mechanism which will assure that maintenance will be funded in perpetuity.

(r) FEMA-approved applications (i.e., conditional letter of map revisions [CLOMR] or letter of map revisions [LOMR]).

(s) Documentation showing who will own and maintain the open space (refer to Section 2.13(c)(6) for details).

(4) "Clean" final plat for addressing.

c. Final plat review criteria. The Town shall use the following criteria to evaluate the Applicant’s request:

(1) The final plat conforms with the approved preliminary plat and incorporates recommended changes, modifications, and conditions attached to the approval of the preliminary plat unless otherwise approved by the Board of Trustees.

(2) The development will substantially comply with the community design principles and development standards as set forth in Article 2 of this Code.

(3) All applicable technical standards have been met.

(4) An updated title commitment dated current to within fourteen (14) days of the Board of Trustees meeting.

d. Improvements required.

(1) The following improvements will be constructed following approval of the final plat:

(a) Road grading and surfacing

(b) Curbs

(c) Street lights

(d) Sidewalks

(e) Sanitary sewer collection system

(f) Storm sewers or storm drainage system, as required

(g) Potable water distribution, including fire hydrants

(h) Utility distribution system for public parks and open space

(i) Street signs at all street intersections

(j) Permanent reference monuments and monument boxes

(k) Underground telephone, electricity and gas lines

(l) Berm or fence along major arterial and collector streets

(m) Required landscaping

(n) Street trees

(o) Underdrains

(p) Required floodway improvements

(q) Required irrigation ditch improvements.

(2) Inspection of improvements.

(a) Inspection of improvements. As improvements are completed, the subdivider shall apply to the Board of Trustees for inspection of improvements. Upon inspection and approval, the Board of Trustees shall notify the subdivider that there is a two (2) year guarantee period, which is the greater of either two (2) years or two (2) winter seasons, before release of funds. If the Board of Trustees or respective special district determines that any of the required improvements are not constructed in compliance with specifications, it shall furnish to the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such compliance. If the Board of Trustees determines that the subdivider will not construct any or all of the improvements or remedy the deficiencies in accordance with all the specifications, the Board of Trustees may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements or remedy deficiencies in accordance with the specifications.

(3) Time for completion.

(a) The required time for the completion of all required improvements shall be two (2) years from the recording date of the final map or plat. However, the Board of Trustees may extend such time for completion upon request from the subdivider. Upon completion of such improvements within the required time and approval thereof by the Board of Trustees, the Town shall cause the cash or letter of credit to be released within thirty (30) days of the Town’s acceptance of such improvements and receipt of the required as-built drawings. When such improvements are not completed within the required time, the Town may cause the proceeds of the cash or letter of credit to be used to complete the required improvements.

(4) Warranty.

(a) All workmanship and materials for all required improvements shall be warranted by the subdivider for a period of two (2) years from the date of the Town’s acceptance of the required improvement; provided that any defects which are the result of public abuse, misuse or acts of God are not the responsibility of said subdivider. For perimeter fences that abut collector and arterial streets, the warranty period shall be two (2) years. The total amount of the guarantee shall be in an amount not less than one hundred percent (100%) of the total estimated cost, including labor and materials of all public improvements to be constructed. The Town shall not release the improvement guarantee until the Town has granted final acceptance of the improvements. Partial releases of a guarantee may be considered when development is phased and a phase has received final acceptance; however, at all times during the improvement warranty period, the Town shall retain an amount not less than ten percent (10%) of the guarantee under this section. In the event that any other provision of this Code or specifications adopted pursuant thereto requires a warranty of workmanship or materials for a different period of time, that provision requiring the longer period shall govern. The inspection or acceptance of any required improvement by the Town shall not relieve the subdivider of his or her warranty of workmanship and materials.

2. Final development plan.

a. Final development plan purpose. The purpose of a final development plan is to define the standards associated with a specific planned unit development overlay district.

b. In addition to the submittal requirements found in Appendix A, an application for a final development plan must include a written description as part of the general development information which includes:

(1) List all subdivision regulation exceptions being proposed for the development plan and explain why such exceptions are justified.

(2) If any modifications and/or restrictions are requested in the final development plan that were not identified in the preliminary development plan, identify the underlying zoning district for the property and describe any proposed modifications and/or restrictions to the allowed uses and/or standards within the district. Provide a comparison between the proposed final development plan to the elements and standards of the underlying zone district as contained in this Code. If any conditional uses are requested, explain how the conditional use review criteria (refer to Section 4.9.4) will be addressed.

(3) Identify and explain the benefits which will be provided by the development plan to offset the impact of the modifications requested. The proposed benefits must offset the proposed modifications.

(4) Explain how the proposed development plan will be compatible with adjacent neighborhoods which now exist or are proposed in the future. Describe buffering techniques which serve to achieve such compatibility.

(5) Draft copies of owners’ association documents (covenants, conditions, restrictions and any architectural design guidelines) that provide an acceptable program for the continuing maintenance of open space, recreational areas, walkways, and private streets within the PUD; that detail the type of organizational structure responsible for such ongoing maintenance; and that provide for architectural review based on the design guidelines.

(6) Provide any additional relevant information which the Town may deem necessary.

c. Final development plan review criteria. The Town shall use the following criteria to evaluate the Applicant’s request:

(1) The final development plan is substantially consistent with the preliminary development plan as approved by the Board of Trustees.

(2) All preliminary development plan conditions of approval have been adequately addressed on the final development plan.

d. Standards not open to modification. The following community design principles and development standards are considered absolute minimum standards and are not open to modification through an exception process:

(1) Road standard (cross-section) for local streets with attached sidewalk;

(2) Requirement of one (1) street tree of two-inch caliper for each forty (40) feet of frontage on both sides of the street (except for rural roads and alleys);

(3) Dedication of the full width of right-of-way for all platted streets; and

(4) Provision of handicap parking spaces.

e. Compliance with the final development plan. The Board of Trustees may initiate the process to repeal the ordinance establishing the development plan if:

(1) The project for which the development plan was established is not carried out pursuant to the approved final development plan; provided, however, that the Board of Trustees may approve appropriate modifications to the final development plan from time to time prior to completion of the proposed development; or

(2) Building activity for the area affected by the development plan has not commenced within a period of one (1) year after the effective date of the creating ordinance, unless otherwise approved by the Board of Trustees.

3. Minor subdivision.

a. Generally. The minor subdivision process may be used in lieu of the preliminary and final plat processes (See 4.7.4 and Section 4.9.1 above) if the following conditions apply and the Planning Director determines that the subdivision is compatible with and will not have adverse impacts on surrounding properties:

(1) Ten (10) or fewer new lots or blocks are created;

(2) Variances or subdivision exceptions are not required or requested;

(3) There is no public right-of-way dedication required or requested; and

(4) The property for which the minor subdivision is requested was not the subject of a minor subdivision approval during the prior one (1) year.

b. Minor subdivision purpose. The purpose of a minor subdivision is to complete the subdivision of land consistent with the Town’s technical standards.

c. Minor subdivision review criteria. The Town shall use the following criteria to evaluate the Applicant’s request:

(1) A minor subdivision shall meet the review criteria applicable to preliminary plat stated in Section 4.7.4.

4. Conditional use.

a. Conditional use purpose. In order to provide flexibility and to help diversify uses within a zoning district, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Specific conditional uses for each zone district are listed in the Table of Permitted Uses by Zoning District found in Section 3.4 of this Land Use Code.

b. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to their effects on surrounding properties. The review process prescribed in this Section is intended to ensure compatibility and harmonious development between conditional uses, surrounding properties and the Town at large. Conditional uses may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with the conditional use criteria. The scope and elements of any conditional use may be limited or qualified by the conditions applicable to the specific property. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied.

c. Conditional use review criteria. The Town shall use the following criteria to evaluate the Applicant’s request:

(1) The conditional use will satisfy all applicable provisions of this Code and subdivision regulations unless a variance is being requested.

(2) The conditional use will conform with or further the goals, policies and strategies set forth in the Comprehensive Plan.

(3) The conditional use will be adequately served with public utilities, services and facilities (i.e., water, sewer, electric, schools, street system, fire protection, public transit, storm drainage, refuse collection, parks system, etc.) and not impose an undue burden above and beyond those of the permitted uses of the district.

(4) The conditional use will not substantially alter the basic character of the district in which it is located or jeopardize the development or redevelopment potential of the district.

(5) The conditional use will result in efficient on- and off-site traffic circulation which will not have a significant adverse impact on the adjacent uses or result in hazardous conditions for pedestrians or vehicles in or adjacent to the site.

(6) Potential negative impacts of the conditional use on the rest of the neighborhood or of the neighborhood on the conditional use have been mitigated through setbacks, architecture, screen walls, landscaping, site arrangement or other methods. The applicant shall satisfactorily address the following impacts:

(a) Traffic;

(b) Activity levels;

(c) Light;

(d) Noise;

(e) Odor;

(f) Building type, style and scale;

(g) Hours of operation;

(h) Dust; and

(i) Erosion control.

(7) The applicant has submitted evidence that all applicable local, state, and federal permits have been or will be obtained.

d. In addition to the submittal requirements for a conditional use, applications for wireless communications facilities must also submit the following information:

(1) The applicant’s and surface owner’s names, addresses, signatures and designation of agent, if applicable;

(2) Signal interference letter;

(3) Radio frequency compliance letter;

(4) Inventory of existing sites. Each applicant for a WCF (excluding small cell wireless facilities) shall provide to the Planning Director a narrative and map description of the applicant’s existing or then currently proposed WCFs within the Town, and outside of the Town within one (1) mile of its boundaries. Inventory of existing sites for small cell wireless facilities will be addressed in the license agreement for small cells.

(a) The Planning Department may share such information with other applicants applying for administrative approvals or conditional permits under this Section or other organizations seeking to locate WCFs within the jurisdiction of the Town; provided, however, that the Planning Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable;

(5) Federal requirements. All WCFs shall meet the current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate WCFs. If such standards and regulations are changed, then the owners of the WCF shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the WCF owner’s expense;

(6) All applications for towers shall demonstrate that other alternative design options such as base stations or alternative tower structures are not viable options as determined by the Town. Notwithstanding anything in this Article to the contrary, no towers located in the right-of-way shall exceed thirty (30) feet in height;

(7) Height or size of the proposed tower;

(8) Proximity of the tower to residential structures and residential district boundaries;

(9) Nature of uses on adjacent and nearby properties;

(10) Compatibility with the surrounding topography;

(11) Compatibility with the surrounding tree coverage and foliage;

(12) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(13) Proposed ingress and egress;

(14) No new towers shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town that no existing WCFs can accommodate the needs that the applicant proposes to address with its tower application. Evidence submitted to demonstrate that no existing WCF can accommodate these needs may consist of the following:

(a) No existing WCFs with a suitable height are located within the geographic area required to meet the applicant’s engineering requirements;

(b) Existing WCFs do not have sufficient structural strength to support applicant’s proposed WCF;

(c) The applicant demonstrates that there are other limiting factors that render existing WCFs unsuitable for collocation;

(15) Setbacks and separation. The following minimum setbacks and separation requirements shall apply to all WCFs for which a conditional use approval is required; provided, however, that the Town may reduce standard setbacks and separation requirements if the applicant demonstrates that the goals of this Section can be better met by reduced setback and separation requirements that protect the public health and safety, view corridors, or minimize adverse impact. A tower shall meet the greater of the following minimum setbacks from all property lines:

(a) The setback for a principal building within the applicable zoning district;

(b) Twenty-five percent (25%) of the facility height, including WCFs and related accessory equipment;

(c) The fall radius of the tower; or

(d) The tower height, including antennas, if the tower is in or adjacent to a residential district.

e. The following standards apply to wireless communications facilities in addition to the standards for a conditional use:

(1) Abandonment. At the request of the Town, the operator must furnish a statement to the Town indicating the operational status of the facility. If the use has been discontinued, the date on which the facility was last used shall also be provided. Commercial mobile radio service facilities not used for a continuous period of six (6) months shall be disassembled within twelve (12) months of the last use.

(2) Penalty. Any person who constructs, installs or uses, or who causes to be constructed, installed or used, any wireless communications facility in violation of any provision of this Article or of the conditions and requirements of the conditional use permit may be punished as provided in Article 6. Each day of unlawful operation constitutes a separate violation.

(3) Civil action. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or used or any land is or is proposed to be used in violation of any provision of this Article, the Town Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or use. (Ord. 1295 §§ 5, 6, 2018)