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HomeMy WebLinkAboutordinance.council.022-75RECORD OF PROCEEDINGS 100 Leaves O D NANCE NO. (Series of 1975) AN ORDINANCE REPEALING AND REENACTING CHAPTER 20 OF THE ASPEN MUNICIPAL CODE REFERRING TO THE SUBDIVISION OF LAND; DEFINING SUBDIVISION AND OTHER TERMS; REQUIRING COMPLIANCE WITH THIS CHAPTER PRIOR TO SUBDIVIDING; PROVIDING REMEDIES FOR NON- COMPLIANCE; DETERMINING SUITABILITY OF LJLND FOR SUBDIVISION; PROVIDING FOR A CONCEPTUAL PRESENTATION FOR PROPOSED SUBDIV- ISIONS BEFORE BOTH THE PLANNING cOMMISSION AND CITY cOUNCIL; SETTING FORTH THE PROCEDURES FOR PRELIMINARY AND FINAL PLAT APPROVAL; ESTABLISHING DESIGN REQUIREMENTS FOR ALL SUBDIVISION; REQUIRING CERTAIN PUBLIC DEDICATIONS; PROVIDING FOR SUBDIVISION AGREEMENTS; CREATING PROCEDURES FOR EXCEPTIONS AND EXEMPTIONS; AND IMPOSING SUBDIVISION FEES WHEREAS, 'the Aspen city Council has considered the existent subdivision regulations for the city of Aspen and de- sires to make certain amendmentS theretO, NOW, THEREFORE, ~E IT ORDAINED BY THE CITY cOUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Chapter 20 of the Municipal code of the City of Aspen be repealed and reenacted to read as follows: ,,SUBDIVISION Sec. 20-1 Title This regulation shall be known as the Aspen, Colorado, Subdivision Regulations. Sec. 20-2 Purpose and Intent The purpose of this regulation is to assist the orderly, efficient and integrated development of the city of Aspen; to insure the proper distribution of population and coordinate the need for public services with governmental improvement programs; to encourage well planned subdivision by setting standards for subdivision design and improvementS; to improve RECORD OF PROCEEDINGS 100 Leaves land records and survey monuments by establishing standards for surveys, plans and plats; to safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; to acquire desirable public areas; and to otherwise promote the health, safety and general welfare of the residents of and visitors to the City of Aspen. Section 20-3 Definitions For the purpose of this chapter, certain words or phrases are defined as follows: when not inconsistent with the context, words used in the present tense in- clude the future; words in the singular number include the plural; words in the plural number include the singular number and the masculine includes the feminine. The word "shall" is mandatory; the word "may" is permissive. (a) Alley. A public way having less width than a street and designated for special access to the rear of the improvements to be constructed in a sub- division. (b) Arterial Street. A street which has the primary function of carrying through traffic, but which also provides access to abutting property. ~ Arterial Street is also a Through Street. (c) Collector Street. A street which has the primary function of providing for the distribution of traffic within neighborhoods, and which carries through traffic and provides access to abutting property. A Collector Street is also a Through Street. RECORD OF PROCEEDINGS 100 Leaves (d) Cul-~le-sac. A short local street terminat- ing in a vehicular turnaround. (e) Driveway. That portion of the sidewalk area which is improved, designed or ordinarily used for vehicular access to property abutting the street. (f) Easement. The quantity of land set aside or over which a liberty, privilege, or advantage in land without profit, existing distinct from the ownership of land, is granted to the public or some particular person or part of the public. (g) Final Plat. A map or chart of the subdivision, which has been accurately surveyed by a registered sur- veyor and such survey is marked on the ground so that streets, alleys, blocks, can be identified. (h) Local Street. lots and other divisions thereof A street which has the primary function of providing access to abutting property, and which does not normally carry through traffic. (i) Paved or Paving. The term shall include any asphalt concrete, seal and chip, concrete or similar impervious wearing surface. (j) Lot. A portion of a subdivision used or intended for use as a unit for transfer of ownership or for develop- r~ent. (k) Person. In addition to the common meaning, shall include the singular and the plural, a partnership, a corporation, or an association of persons. (1) Preliminary Plat. A map or chart of a proposed subdivision. (m) Reversed Corner Lot. A corner lot which is bounded on three sides by streets. -3- RECORD OF PROCEEDINGS 100 Leaves (n) Roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel. (o) Sidewalk. ~hat portion of the sidewalk area which is paved with an all weather surfacing for use by pedestrians. (p) Sidewalk Area. That portion of a street between the curb line, or the lateral line of a roadway, and the adjacent property line intended for the use of pedestrians and including the terms border area, parkway, ~ark strip, planting strip, or like designations. (q) Street. A public way for vehicular traffic in- cluding roadway and sidewalk area, being the entire width from lot line to lot line and including the terms "highway", "road", "~lace", "avenue", or other similar designations. (r) Subdivider. The person including the owner, or agent for the owner, dividing or proposing to divide land so as to constitute a subdivision to be shown on a recorded plat. (s) Subdivision. is defined as: (1) A subdivision or subdivided land a tract of land which is divided into two (2) or more lots, tracts, >arcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof; or (2) a tract of land including land to be used for condominiums, apartments or any other multiple dwelling units, or for time sharing dwelling units, unless the improvement with the same density has pre- viously complied with the requirements of this chapter. RECORD OF PROCEEDINGS 100 Leaves Unless the method of land disposition is adopted for the purpose of evading this definition, %he term subdivision as defined in this section shall not apply to any of the following divisions of land or interests in land: (3) The division of land by order of any court in this state or by operation of law. (4) The division of land by a lien, mortgage, deed of trust or any other security instrument. (5) The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other inter- est in an investment entity. (6) The division of land which creates cemetery lots. (7) The division of land which creates an interest or interests in oil, gas or minerals which are now or hereafter severed from the sur- face ownership of real property. (8) The division of land by the acquis- ition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of this section as only one interest. ~ (9) The division of land by reason of the dissolution of a joint venture. (t) Through Lot, A lot which has streets adjoining both front and back lot lines. (u) Trail. A multipurpose easement designed to provide safe and easy passage for non-!notorized means of travel. RECORD OF PROCEEDINGS 100 Leaves Sec. 20-4 Reserved Sec. 20-5 Compliance (a) General Prohibition. It shall be unlawful for any person, firm or corporation, to violate any of the provisions of this Chapter or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including leasehold interest), interest in common, condominium interest, or other division within a subdivision, as defined in Sec. 20-3(s), in the City of Aspen until such subdivision has been approved in writing by the City Council and a plat thereof recorded in the Office of the Pitkin County Recorder. Provided, however, that a written agreement to sell or lease which is expressly conditioned upon full compliance by the seller with the subdivision regulations of the City of Aspen within a specified period of time, and which expressly recites that seller's failure to satisfy such condition within said period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration thereto- fore paid by the buyer under said agreement, shall not constitute a violation of this subsection. (b) Prohibited Conveyances. !~o lot or parcel of land, nor any interest therein, shall be transfer- red, conveyed, sold, subdivided or acquired either in whole or in part, so as to create a new non-conforming use or to avoid or circumvent or subvert any pro- vision of this ordinance. (c) Prohibited Construction, ~]o structure shall be constructed, nor building permit issued for a structure, on any parcel of land within a subdivision approved pursuant to this chapter except where such -6- RECORD OF PROCEEDINGS 100 Leaves structure is to be constructed upon a lot separ- ately designated within the plat of such approved subdivision. The lot lines established in such approved subdivision shall not be altered by con- veyance of a part of such lots, nor shall any part of any lot be joined with a part of any other lot for conveyance or construction unless and until written application has been made to and approved by the Planning Commission after finding that the general purpose and purport of this chapter shall not be weakened by such change. (d) Remedies for violations. In addition to all remedies provided by law, the City of Aspen shall be authorized to enforce its subdivision regulations as follows: (1) The City Council shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell, or offering to sell, or otherwise convey, before full compliance with the provisions of this chapter, any parcel of land or other interest which sale or convey- ance would constitute a subdivision under Sec. 20-3 (s). (2) The City Building Inspector shall re- fuse to issue permits of any kind for the con- struction of any building or other improvements upon any land for which an approved Final Plat is required by this chapter, unless and until the requirements hereof have been complied with. (3) No building permit shall be issued for -7- RECORD OF PROCEEDINGS 100 Leaves any lot or parcel of land which has been transfer- red, conveyed, sold, subdivided or acquired in violation of this chapter. Any transferee who acquires a lot or parcel of land in violation of this chapter without knowledge of such violation, and any subsequent transferee, shall have the right to rescind and/or receive damages from any transferor who violates the provisions of this chapter. (4) The Planning Commission may withdraw any approval of a plan or plat or require certain corrective measures to be taken following a determination that information provided by the subdivider, or by anyone on his behalf, upon which a decision was based, is false or inaccurate. The Planning Commission shall cause written notice to be served upon the subdivider, or his assigns, setting out a clear and concise statement of alleged false or inaccurate information provided by the subdivider, or his agents on his behalf, and directing the subdivider to appear at a time certain for a hearing before the Planning Commission not less than ten (10) days nor more than thirty (30) days after the date of service of notice. The Planning Commission shall deter- mine at the hearing the nature and extent of alleged false or inaccurate information and shall have power, on good cause being shown, to with- draw any approval or require certain corrective measures to be taken. ~Zowever, ~ithdrawal of -8- RECORD OF PROCEEDINGS 100 Leaves approval or imposition of corrective require- ments shall not be exclusive remedies on a finding by the Commission that false or in- accurate information has been received, and any and all remedies provided by law may be exercised. 20-6 Burden of Proof The burden shall rest upon an applicant to show the reasonableness of his application and plan, its conformity to the design requirements of thischapter, the lack of adverse effect of the proposed develop- ment, and the compliance with the intents and pur- poses of this chapter. 20-7 Conceptual or Preliminary Approvals ~henever the Planning Commission or City Council may approve any conceptual or preliminary plan or plat, such approval shall only authorize further study on the project or activity, and shall not be considered a guaranty of final approval. Any person, firm or corporation who expends time or funds in reliance on any conceptual or preliminary approval shall do so at his or its own risk and the City of Aspen shall have no liability for any detriment in- curred thereby, nor shall the Commission or Council be estopped to deny final approval by reason thereof. 20-8 Liability Neither the approval of a Preliminary Plat or a Final Plat under the provisions of this chapter, nor compliance with the provisions hereof or with any conditions imposed on permits issued hereunder, shall relieve any person from the responsibility for injury -9- RECORD OF PROCEEDINGS 100 Leaves ~rdamage to persons or property, to impose any liability for the Aspen, Colorado. nor shall be deemed same on the City of Sec. 20-9 Suitability of Land for Subdivision (a) Based on findings by a qualified engineer or engineering geologist or other professional, no land shall be subdivided which is held by the Planning Commission to be unsuitable for subdivision by reason of flooding, bad drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other potential natural hazard, feature or condition likely to be harmful to the health, safety, or welfare of the future residents in the proposed subdivision or of the city. (b) The Planning Commission may deem land pre- mature for subdivision when subdivision approval would create growth patterns of such physical form and size that governmental inefficiencies, duplic- ation of facilities and unnecessary public costs and financial burdens may result from providing the extension of public services, and planned support facilities cannot be accomplished in a planned, ordered or efficient manner. (c) No subdivision shall be approved which includes elements not in conformance with the pro- visions of any applicable zoning ordinance or other ordinance of the City of Aspen or law or regulation of the State of Colorado. Sec. 20-10 Conceptual Presentation Subdivision consideration shall be initiated by -10- RECORD OF PROCEEDINGS 100 Leaves a conceptual presentation by an applicant before the Planning Commission to be scheduled for a regular meeting of the Commission. The present- ation shall reflect the proposed development for an entire ownership and shall indicate all adjacent lands owned or under option to the subdivider at the time of subdivision. After the conceptual presentation, the Planning Commission shall for- ward its recommendations to the City Council for its approval prior to proceeding further with the procedures outlined in this chapter. (a) At least fourteen (14) days prior to the scheduled hearing date there shall be submitted to the City Planning Office ten (10) copies of the conceptual presentation. This material shall be in mailable form, and, at the time of submittal, the subdivider shall pay such fees as are provided by Sec. 20-20. (b) The conceptual presentation shall include the following: (1) a 1"=400' scale city map showing the project location, all adjacent lands owned by or under option to the subdivider, commonly known landmarks, and zoning on and adjacent to the pro- ject. (2) a sketch plan of the proposed develop- ment showing property boundaries; predominate exist- ing site characteristics; public use areas; and exist- ing and proposed land use patterns including street -11- RECORD OF PROCEEDINGS 100 Leaves system of both the tract proposed for develop- ment and adjacent land. (3) A tabulation of data for the develop- ment listing: proposed name, acreage, number, size, and type of proposed lots, structures, and/or units, and the development'S total pro- jected population. (4) A disclosure of ownership consisting of a certificate from a reputable title insur- ance company, or attorney licensed to practice in Colorado, listing the names of all owners of the property described in the sketch plan and including all mortgages, judgments, liens, ease- ments, contracts and agreements of record affecting the property covered by such plan. At the election of the Planning commission, the holders or owners of such mortgages, judgments, liens, easements, contracts or agreements shall be required to join in and approve the applic- ation for subdivision before the preliminary plat shall be accepted for review. (c) The Planning Commission shall review the conceptual presentation, and within thirty (30) days of such review shall forward its recommendation of approval, disapproval or approval subject to modif- ication to the City Council. Failure of the Planning Commission to act on the conceptual presentation within thirty (30) days of its meeting shall be deemed a recommendation of approval, except that the Commission may delay action for lack of sufficient -12- RECORD OF PROCEEDINGS 100 Leaves information upon which to make its decision until such information is made available. If the plan is recommended for disapproval, reasons for such dis- approval shall be stated in the minutes. If the recommendation is for approval subject to modific- ation, the nature of the required modifications shall also be indicated in the minutes. Whenever in this chapter the Commission or city Council is to state in its minutes reasons for disapproval or the modifications required for approval, and such action is taken at a meeting where the applicant or his agent is not present, a copy of said minutes, or other appropriate written notice of such action, shall be mailed to the applicant. Whenever, further, in this chapter, some action is required to be taken within thirty (30) days, or an approval will be deemed given, any applican~ may waive this requirement and consent to an extension of such period. (d) within thirty (30) days of receipt of the Planning commission recommendation and at a regular meeting, the City Council shall approve, disapprove, or approve with modifications the conceptual present- ation. Failure of the City Council to act within thirty (30) days shall be deemed approval except that the City Council may delay action for lack of sufficient information upon which to make a decision until such information is made available. If the plan is disapproved, reasons for such disapproval shall be stated in the minutes, If the recommend- ation is for approval subject to modifications, the -13- RECORD OF PROCEEDINGS 100 Leaves nature of the required modifications shall also be indicated in the minutes. (e) Approval by the city Council shall not constitute approval of either the Preliminary Plat or Final Plat, and conceptual approval shall lapse unless a Preliminary Plat is submitted pursuant to Sec. 20-11 within six (6) months of final conceptual approval. (f) The Planning commission and city Council shall review the conceptual presentation to deter- mine if the proposed development is consistent with the standards and objectives set forth is this chapter. Sec. 20-11 Preliminary Plat - ~rocedures After approval of the conceptual presentation and within six (6) months thereof, there shall be sub- mitted a Preliminary Plat of the proposed subdivision under the following procedure: At least twenty-eight (28) days prior to a public hearing before the Planning Commission, the subdivider shall submit twenty-one (21) copies of his Preliminary Plat and supplemental material to the City Planning office with the fDe% required by Sec. 20-20. Such plats must be in mailable form and contain all information required by Sec. 20-12. The City Planning office shall furnish the follow- ing agencies with copies for review, commentS and recommendations: (1) City a. Planning Department (2) b. Engineering Department (2) -14- RECORD OF PROCEEDINGS 100 Leaves c. Water Department d. Parks and Recreation Department e. Fire Marshal f. Electric Department (2) Rocky Mountain Natural Gas (3) Mountain Bell (4) School District RE-1 (5) Holy Cross Electric Association (when applicable) (6) Aspen Metropolitan Sanitation District (7) colorado Department of Highways (when applicable) The agencies shall have twenty (20) days from the date they re- ceive the plat to review and return it to the City Planning office unless additional time is requested, prior to preliminary plat approval, the subdivider must show that services for the development will be available from the public or.' private utility company or companies concerned by providing written commitments from the same for the installation of gas, electricity, telephone, sanitary sewer, water and fire protection facilities required by the development. Sec. 20-12 Preliminary Plat - Contents The preliminary plat shall reflect the general lay- ou~ of the lots, blocks and structures, but exact dimensions are not required. The contents of the pre- liminary plat shall be of sufficient detail to deter- mine whether the proposed subdivision will meet the design standards of this chapter. The preliminary plat submitted must be in conformity with the follow- ing requirementS and contain the following itemized information: (a) The plat shall be drawn at a scale of 1"=100' -15- RECORD OF PROCEEDINGS 100 Leaves or larger, architectural scales are not acceptable. Sheet size shall be 24" x 36". If it is necessary to place the plat on more than one sheet, an index shall be included on the first sheet. A vicinity map shall -15A- RECORD OF PROCEEDINGS 100 Leaves appear on the first sheet showing the subdivision as it relates to the rest of the community and street system in the area. (b) Proposed name of the subdivision which shall not be the same or similar to any name used on a recorded plat in Pitkin County, colorado. (c) Name, address, and telephone number of owner, subdivider, designer of the subdivision, and the licensed surveyor. (d) Location and boundaries of the subdivision as part of a larger tract. (e) Date of preparation; scale, including bar-type or graphical scale; and north sign (design- ated as true north). (f) Existing and proposed contours at 2 foot intervals where the slope is less that ten (10%) percent and 5 foot intervals where the slope is ten (10W percent or greater, and the designation of all areas with slope greater than thirty (30%) percent. (g) Location and dimensions of all existing streets, alleys, easementS, drainage areas, irrig- ation ditches, public and private utilities, and other significant man made or natural features within or adjacent to the tract. (h) Location and dimensions of all proposed streets, alleys, easements, drainage improvements, utilities, lot lines, and areas or structures reserved or dedicated for public or common use. -16- RECORD OF PROCEEDINGS 100 Leaves (i) Location, size, and type of existing vegetation and other natural landscape features, and the proposed limits of any excavation or regrading. Also the accurate location of trees with a trunk dia- meter of six (6) inches or more measured four and one- half (4 1/2) feet above the ground and an indication of which trees are proposed to be removed. Where large groves are to remain undisturbed, single trees need not be located. (j) Designation of all zones that constitute natural hazard areas including but not limited to snow- slides, avalanche, mudslide, rockslide and the 100-!~ear flood plan. (k) Additional information on geological or soil stability, avalanche potential, projected traffic generation, air pollution and like matters shall be furnished by the subdivider upon the request of the City. Such information shall be provided by a licensed professional and shall be financed as provided in Sec. 20-20(b). (1) Such preliminary information as may be required by the City Planning office or other reviewing agency in order to adequately describe proposed utility systems, ~rainage plans, surface improvements, or other construction projects contemplated within the area to be subdivided in order to assure that the subdivision is capable of being constructed without an adverse effect upon the surrounding area. (m) Site data tabulation listing acreage of land to be subdivided; number, type and typical size of lots, structures and/or units; number of -17- RECORD OF PROCEEDINGS 100 Leaves bedrooms per dwelling unit; ~gr°und coverage of proposed structures and improvements including park- ing areas, streets, sidewalks and open space acreage ,and the amount of this applicable to Section 20-18(a). (n) In the case of a division of land into condominium interestS, apartments or other multi- family or time slot dwelling units, the location of all proposed dwelling structures, parking areas, structures and/or areas for common use, and principal landscape features. (o) Proposed changes to existing zoning boundaries. (p) Names and mailing addresses of the owners of adjacent properties as they appear on the Assessor's rolls for Pitkin County. (q) Where the Preliminary Plat covers only a part of the subdivider's adjacent holdings, a sketch plan for such other lands shall be submitted, and the proposed streets, utilities, easements, and other improvements of the tract under review shall be considered with reference to the proposed develop- ment of the adjacent holdings. Section 20-13 Preliminary plat - Public Hearing (a) Notices of the time and place of hearing on a proposed preliminary plat shall be mailed, at least ten (10) days prior thereto, to the owners of land immediately adjacent to the area proposed to be platted. The names and addresses of the adjacent owners shall be supplied by the applicant as herein provided. ?ublic notice of the time and place of the -18- RECORD OF PROCEEDINGS 100 Leaves hearing on the proposed subdivision shall also be given by advertising the same at least once five (5) days prior to the hearing in a newspaper of general circulation in Pitkin County. (b) within thirty (30) days after the hearing on the Preliminary Plat, the Planning Com_~ission shall approve, disapprove, or approve subject to modifications the said plat. Failure of the Plan- ning Commission to act on this Preliminary Plat within thirty (30) days shall be deemed approval of the plat. If the plat is disapproved, reasons for such disapproval shall be stated in the minutes. if the recommendation is for approval subject to modifications, the nature of the required modific- ations shall be indicated in the minutes. Approval of the Preliminary Plat shall not constitute accept- ance of the Final Plat. Approval of the Preliminary Plat shall lapse unless a Final Plat based thereon is submitted within six (6) months from the date of Preliminary Plat approval. Sec. 20-14 Final Plat - Procedure (a) The subdivider shall submit to the Planning office four (4) copies of the final plat, and any engineering plans and supplemental material as re- quired by Sec. 20-15 along with the fee required by Section 20-20. The Planning office shall re- fer two (2) copies of the plat, engineering plans, and additional material to the Engineering Department for review. Each department shall have fourteen (14) days from the date it receives the plat and additional material to review it. .~he Final Plat shall conform -19- RECORD OF PROCEEDINGS 100 Leaves to the approved Preliminary Plat and shall include all changes as required after consideration by the Planning commission. A copy of the Final Plat, engineering plans, and additional material shall be returned to the subdivider with any discrepancies or comments noted thereon. (b) After making any necessary corrections, the subdivider shall submit to the Planning office the original, two mylar copies, and ten (10) prints of the final plat and ten (10) sets of any additional material. The subdivider shall submit to the Engineer- ing Department two (2) complete sets of the corrected engineering plans and specifications for all improve- ments, (c) Upon approval of the Final Plat by the Planning office, it shall be referred to the City Engineer, Director of Parks and Recreation, and Planning Commission Chairman for their signatures. (d) The Final Plat shall then be submitted to the City Council and if approved by the city Council, the Final Plat shall be recorded by the city clerk in the office of the Pitkin County clerk and Recorder after payment of the required fees by the subdivider. (e) Failure on the part of the subdivider to record the Final Plat within a period of ninety (90) days following approval by the City Council shall render the plat invalid. Reconsideration and -20- RECORD OF PROCEEDINGS 100 Leaves approval of the Preliminary and Final Plat by the Planning Commission and City Council respectively will be required before its acceptance and recording. Sec. 20-15 Final Plat - Contents The Final Plat shall conform to and contain all of the information required on the Preliminary Plat except that information required by Sec. 20-12 (f), (i), (k), (1), (m), (o), (p) and (q). In addition, the following items shall be required: (a) The original plat shall be drawn with permanent ink on reproducible linen or mylar. Sheet size shall be 24" x 36" with an unencumbered margin of 1 1/2 inches on the left hand side of the sheet and a 1/2 inch margin around the other three sides of the sheet. (b) Accurate dimensions for all ~nes, angles and curves used to describe boundaries, streets,setbacks, alleys, easementS, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand. (c) A systematic identification of all lots and blocks and names for all streetS. (d) Names of all adjoining subdivisions with dotted lines of abutting lots. If adjoining land -21- RECORD OF PROCEEDINGS 100 Leaves is unplatted, it shall be shown as such. (e) An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat, and a dedication thereof to the public use. An identification of the easementS as shown on the plat and a grant thereof to the public use. Areas reserved for future public acquisition shall also be shown on the plat. (f) A written survey description of the area including the total acreage to the nearest one- thousandth (0.001) of an acre. (g) A description of all survey monllments, both found and set, which mark the boundaries of the subdivision, and a description of all monuments used in conducting the survey. The colorado Coordinate System may be used, (h) A statement by the land surveyor explain- ing how bearings, if used, were determined. (i) A certificate by the registered land surveyor as to the accuracy of the survey and plat, and that the survey was performed by him in accordance with colorado Revised Statutes 1973, Title 38, Article 51. (j) A certificate by an attorney admitted to practice in the State of colorado, or corporate title insurer, that the person or persons dedicating to the public the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances- (k) Certificates showing approval of the plat by the City Engineer, Director of Parks and -22- RECORD OF PROCEEDINGS 100 Leaves Recreation and Planning Commission. (1) A certificate showing approval of the plat and acceptance of dedications and easements by the City Council with signature by the Mayor and attest- ation by the city Clerk. (m) A certificate of filing for the Pitkin County Clerk and Recorder. (n) Additional material which shall accompany the final plat includes: (1) Complete engineering plans and specific- ations for all improvements to be installed, includ- ing but not limited to water and sewer utilities, streets and related improvements, trails, bridges and storm drainage improvements. (2) A landscape plan showing location, size and type of proposed landscape features. (3) Copies of any monument records required of ~he land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53. (4) Any agreements with utility or ditch companies when required. (5) Any subdivision agreements as required by Section 20~16. Section 20-16 Improvements (a) Requirements: The following improvementS shall be provided by the subdivider: (1) Permanent survey monuments, range points and lot pins. (2) Paved streets, but not to exceed the requirements for paving and improvements of a collector street. RECORD OF PROCEEDINGS 100 Leaves (3) (4) (5) devices. (6) (7) (9) (10) (ll) Curbs, gutters and sidewalks. Paved alleys. Traffic control signs, signals or Street lights. Street name signs. Street trees or landscaping. Water lines and fire hydrants. Sanitary sewer lines. Storm drainage improvements and storm sewers. (12) (13) (14) Bridges or culverts. Electrical lines. Telephone lines. (15) Natural gas lines. (16) Other improvements not specifically mentioned above but found necessary by the City Engineer due to the nature of the subdivision. (b) Construction Prohibited Without Approved Plans Construction shall not commence on any of the improvements required by sub-section (a) above until all plans, profiles, and specifications have been received and approved by the City Engineer and, %~hen appropriate, the utility company concerned. (c) Guarantee for Completion and Mainten~ce of Im~vements (1) Before the City Council shall accept a Final Plat, the subdivider, and any other party whose endorsement may be required by the City Council, shall have entered into a written RECORD OF PROCEEDINGS 100 Leaves agreement with the city wherein he (they) shall agree to make and install, according to a specific schedule, any improvements required by sub-section (a) above; and to provide a guarantee for no less than one hundred (100%) percent of the then current estimated cost of the improvements as computed by the City Engineer. The guarantee shall be in the form of a cash escrow with the City, or a bank or savings and loan association; or an irrevocable sight draft or letter of commitment from a financial- ly responsible lender; and shall give the City the unconditional right, upon default by the subdivider, to withdraw funds upon demand to partially or fully complete and/or pay for any improvements or pay any outstanding bills for work done thereon by any party. The subdivider shall also agree to warranty all improve- ments for a period of one (1) year after acceptance by the City. No building permit or certificate of occupancy shall be issued within the subdivision if said agreement is in default until the deficiencies are corrected. The agreement shall be recorded along with the final plat. (2) As portions of the improvements are completed, the city Engineer shall inspect them, and upon approval and acceptance, he shall -25- RECORD OF PROCEEDINGS 100 Leaves authorize the release of the agreed estimated cost for that portion of the i~provements ex- cept that ten (10%) percent of the estimated cost shall be withheld until all proposed im- provements are completed and approved by the City Engineer- (3) The subdivider shall guarantee by a maintenance bond or other suitable means, the re- pair of any existing improvements damaged during the construction of new improvements. (4) The subdivider shall in no way be relieved of any obligations to make the improve- Rents, nor is the City obligated to assume the responsibility for any improvements, by reason of the acceptance or approval of any guarantees. (d) "As Built" Plans Finished plans of all public improvements as installed shall be required from the subdivider's engineer before the City will accept the improvements. (e) Oversized utilities In the event oversized utilities are re- quired, arrangements for reimbursement shall be made whereby the subdivider shall be allowed to recover the cost of the utilities that have been provided by him beyond the needs of his development. (f) A_greements ~or Delayed Construction of~R~ired !_mprovements When the City Council deems the construction of required improvements untimely due to existina conditions ~or future plans, the subdivider shall submit an agree.- ment to assume his proportionate share of the cost when the City determines that the improvement is feasible and needed. The agreement shall be binding RECORD OF PROCEEDINGS 100 Leaves on any future owners of the subdivided property. Section 20-17 Design Standards The following design standards are adopted as min- imum standards for all subdivisions; provided, that where it can be shown that strict compliance with these stand- ards would result in adverse site conditions because of unusual topography, size or shape of the property, exist- ing vegetation, or other exceptional situation or condition, the City Engineer may vary, modify, or waive certain standards. Any such variance, modification, or waiver shall not weaken the intent or purpose of these standards, be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated. (a) Streets and Related Improvements The following standards shall apply to new and sub-standard streets in all subdivisions regardless of type or size unless the street involved has been fully improved with paving, curb, gutter and sidewalk. (1) Streets shall conform to approved plans for street extensions and shall bear a logical relationship to topography and to the location of existing or planned streets in adjacent properties. (2) Right-of-way shall be dedicated for the entire width for all local, collector and streets. Street and alley right-of-way widths, and gra~.~.s~- shall meet the following Local 60 feet 100 feet 10% collector 80 feet 250 feet 6% Arterial 100 feet 625 feet 5% Alley 20 feet 50 feet 5% arterial (3) curves, standards: Minimum Right-of-~ay Centerline Maximum width Curve Radius % of Grade classification RECORD OF PROCEEDINGS 100 Leaves (4) Half-street dedications shall be pro- hibited unless they are for the purpose of in- creasing the width of inadequate existing right-of-~aY. (5) When the plat dedicates a street which ends on the plat or is on the perimeter of the plat, the subdivider shall convey the last foot of the street on the terminal end or outside perimeter of the plat to the city of Aspen in fee simple and such shall be designated by using Outlot(s). The city shall put the same to public use for public road and access purposes when, within its sole and absolute discretion, it deems advisable. (6) Cul-de-sacs shall not exceed 400 feet in length and shall have a turnaround diameter of 100 feet; however, cul-de-sacs of less than 200 feet in length in single family areas do not require a turnaround. A "T", "Y" or other design to provide adequate turnaround for the type of vehicle expected may be used if approved by the City Engineer. (7) Dead-end streetS, except for cul-de-sacs, shall be prohibited unless they are designed to connect with future streets in adjacent land that has not been platted, in which cases a temporary turnaround of 100 feet shall be required, (8) Streets with centerline offsets of less than 125 feet shall be prohibited. (9) Reverse curves on arterials and collectors shall be joined by a tangent of at least 100 feet -28- RECORD OF PROCEEDINGS 100 Leaves in length. (10) Ail changes in street grades shall be connected by vertical curves of a minimum length in feet equivalent to the following appropriate "K" value times the algebraic difference in the street grades: Street Classification Local "K" value for: Crest Vertical Curve collector ~Sag Vertical Curve Arteria~ 16 28 55 24 35 55 (11) Alleys shall be provided in commercial, Dusiness and industrial areas, except that this requirement may be waived where other provisions are made and approved for service access. (12) Intersections shall approximate right angles as closely as possible and have a minimum tangent of 50 feet on each leg. The number of intersections of local streets with arterial streets shall be minimized. (13) Intersection grades shall not exceed four (4%) percent for a minimum distance of 100 feet on each leg and flatter grades are desirable. (14) Curb return radii for local street intersections shall be 15 feet; curb return radii and corner setbacks for all other types of inter- sections shall be as approved by the City Engineer. Approval shall be based upon the expected types of vehicle usage, traffic volumes, and traffic patterns using accepted engineering standards. In -29- RECORD OF PROCEEDINGS 100 Leaves case of streets which intersect at acute angles, appropriate increases in curb return radii shall be made for the necessary turning movementS. (15) Right-turn by-passes or left-turn lane,s' shall be required at the intersection of an arterial street with another arterial street or a collector street when traffic conditions indicate their need. The subdivider shall dedicate sufficient right-of-~aY to accommodate them when they are required. (16) Street names and numbers. ~en streetS are in alignment with existing streets, the new streets shall be named according to the streetS with which they correspond. Streets which do not fit into an established street-n~ming pattern shall be named in a manner which will not duplicate or be confused with existing street names within the City or its environs. [~treet numbers shall be assigned by the Building Inspector in accordance with the City numbering system. (17) No finish paving, curb, gutter, side- walks or driveways shall be constructed until one (1) year after the installation of all subsurface utilities and improvementS. (18) Sidewalks shall be eight (8) feet wide in gl CC, C1, NC and CL districts and five (5) feet wide in all other districts where sidewalks are re- required. Consideration shall be given to existing and proposed landscaping when establishing sidewalk locations. (19) All streets and related improvements -30- RECORD OF PROCEEDINGS 100 Leaves shall be constructed in accordance with City specifications which are on file of the City Engineer. (20) Prior to paving any in the office street permanent range point monuments meeting the standards of sub-section (d) below shall be installed to approximately finish grade. ~ermanent range point boxes shall be installed during or as soon as practicable after paving. (21) Street name signs shall conform to the type currently in use by the City. (22) Any required traffic control signs, signals or devices shall conform to the "i~nual or uniform Traffic Control Devices." (23) Street lights shall be placed at a maximum spacing of 300 feet and are subject to approval; ornamental street lights are desirable. (24) One street tree of three inch (3) caliper for deciduous trees measured at the top of the ball or root system, or minimum of six (6) foot height for conifers, shall be provided in residential subdivisions for each lot of 70 foot frontage or less and at least two trees for every lot in excess of 70 foot frontage. For corner lots at least one tree shall be required for each street. Trees shall be placed so as not to block sight distances at driveways or corners. The Parks and Recreation Department shall furnish a list of acceptable trees. For all other districts within the city, trees, fol- iage, 5nd landscaping shall be provided in accord- ance with the adopted street landscaping plan for the city of Aspen. (b) EasementS (1) utility easements ten (10) feet in -31- RECORD OF PROCEEDINGS 100 Leaves width on each side of all rear lot lines and five (5) feet on each side of side lot lines shall be provided where necessary. Where the rear or side lot lines abut on property outside of the sub- division on which there are no easementS at least five (5) feet in width, then the easements on the rear and side shall be twenty (20) width respectively. lot lines in the subdivision feet and ten (10) feet in (2) EasementS twenty (20) feet in width shall be provided in "T" interesections and cul-de-sacs for the continuation of utilities or drainage improvements where necessary. (3) Water and sewer easements shall be a minimum of twenty (20) feet in width. (4) Whenever a tract to be subdivided em- braces any part of a planned utility or drainage system designated on an adopted plan, the neces- sary easements shall be provided to accommodate the plan within the tract. (5) Where an irrigation ditch or channel, natural creek or stream traverses a subdivision, an easement sufficient for drainage and to allow for maintenance of the ditch shall be provided. (6) Fire lanes and emergency access ease- ments twenty (20) feet in width shall be provided where required by the City Fire Marshal. (7) Mid-block pedestrian easements ten (10) feet in width shall be provided where necessary for adequate and safe pedestrian circulation. (8) Whenever a tract to be subdivided in- cludes any part of a bikeway, bridle path, cross county ski trail or hiking trail designated -32- RECORD OF PROCEEDINGS 100 Leaves (c) on the Aspen Trail System Plan, sufficient easements shall be provided to accommodate the plan within the tract. Lots and Blocks (1) Lots shall meet all applicable zoning regulations. (2) Side lot lines shall be substantially at right angles or radial to street lines. (3) Reversed corner lots and through lots shall be prohibited except where essential to provide separation from arterials, Lecause of slope, or from imcompatible land use. Other means, such as common area o~ greenbelt, are preferable. (4) All lots shall front on a public street, or a private street if approved by the Planning Commission. (5) No lot shall front on, nor shall any private driveway access to, State Highway 82 or other designated arterial. (6) Block lengths shall normally be at least 400 feet in length and not more than 1400 feet in length between street intersections. (7) Block lengths and widths shall be suitable for the uses contemplated- (8) In blocks over 500 feet long mid-block pedestrian walkways may be required. RECORD OF PROCEEDINGS 100 Leaves (d) (e) Survey Monuments (1) The external boundaries of all subdivisions, blocks, and lots shall be monumented on the ground by reasonably per- n~anent monuments solidly embedded in the ground. These monumentS shall be set not more than fourteen hundred feet apart along any straight boundary line, at all angle points, and at the beginning, end and points of change of direction or change of radius of any curved boundaries. (2) All monuments shall be set in accordance with the provisions of C.2. S. 1973 38-5L--101 unless otherwise provided for in this chapter. (3) Range points and boxes meeting City specifications shall be set on the centerline of the street right-of-way unless designated otherwise. utilities (1) All waterlines, fire hydrants and appurtenances shall meg the City's standard specifications on file in the City Engineer's office. (2) The minimum responsibility of the sub- divider shall be for an eight (8) inch waterline, unless the length of the line is less than 200 feet, in which case the minimum size shall be six (6) inch. (3) Fire hydrants shall be spaced no farther apart than 500 feet in single family and duplex residential areas; and no farther apart -34- RECORD OF PROCEEDINGS 100 Leaves than 350 feet in high density residential, business, commercial, service and industrial areas. (4) The sanitary sewer system shall meet the requirements of the Aspen Metropolitan Sanitation District. (5) Ail utilities shall be placed under- ground except that transformers, switching boxes, -34A- RECORD OF PROCEEDINGS 100 Leaves (f) terminal boxes, ~leter cabinets, pedestals, ventilation ducts, and other facilities appurten- ant to underground utilities may be placed above ground. Electric transmission and distribution feeder lines and communication long distance trunk and feeder lines and necessary appurtenances may be placed above ground. (6) Other utilities not specifically mentioned shall be provided in accordance with the standards and regulations of the respective utility department or company. (7) The subdivider shall stub out all utilities to the property line of individual lots. Storm Drainage (1) The drainage plan for the subdivision shall comply with the criteria in the City's "Urban Runoff Management Plan." (2) Short-term on-site detention storage shall be provided to maintain the historical rate of runoff for the 100 year storm from the undevelop- ed site. (3) In cases where storm runoff from an upstream basin passes through the subdivision, the drainage plan shall provide adequate means for maintaining the historical drainage system. (4) ~he drainage plan shall include calculations and quantities of flow at the points of concentration. -35- RECORD OF PROCEEDINGS 100 Leaves ~ Section 20-!8 Public Dedications and EasementS (a) Ail land submitted for subdivision approval shall be subject to the following land dedication or cash payment in lieu thereof for the purpose of providing parks, school playgrounds, active recreation facilities and similar public use and open spaces. (1) The subdivider shall dedicate to the city for public use purposes land in the ratio of two and one-half (2~5) acres for every one thousand (1,~00) residentS of the proposed subdivision, i.e., the number of residents multiplied by twenty-five ten thousands (0.0025) Qf an acre per resident, The number of residents shall be calculated on the following basis: Number of Residents/Dwelling Unit Type Dwelling Unit studio 1 bedroom 2 bedroom 3 bedroom Single Family or (2) 1.0 1.3 2.7 4.0 Duplex 4.0 At the option of the city, the sub- ~ivider shall in lieu of such conveyance make a cash payment in an amount equal to the current market value of the undeveloped land required for dedication by subparagraph (1). Undeveloped shall mean without buildings or structures, ~Jut shall include other im- provements or utilities if installed prior to subdivision. -35A- RECORD OF PROCEEDINGS 100 Leaves (3) In the case of commercial develop- ment, the subdivider shall make a cash pay- ment in an amount equal to six (6%) percent of the current market value of the undeveloped land. (4) In the case of mixed residential and commercial development the open space dedication for the residential uses shall be determined as in subparagraph (1) and the open space dedication for the commercial uses shall be determined as in subparagraph (3) using as the undeveloped land area the total land area less the minimum land area required for the proposed dwelling units. (5) Nothing herein to the contrary notwith- standing, the dedication requirements of Section 20-18(a) (1) shall not be imposed in the event of the construction or condominiumization of a single duplex, tri-plex of four-plex structure. (6) In the event a cash payment is to be made and the city and the subdivider fail to agree on the current market value of the land, 3uch value shall be fixed and established by a qualified appraiser acceptable to both parties. (7) The proceeds of such payments shall be deposited in a separate City account and shall be used only for the acquisition of land for park and active recreation, and open space purposes, and for improvement of such public land and open spaces. -35B- RECORD OF PROCEEDINGS 100 Leaves (8) If the area required for such public uses exceeds the amount hereinabove required for the subdivider'~ contribution, the lands needed in addition to such required contributions shall be reserved for purchase by the City of Aspen for not more than five (5) years from the date of approval of the subdivision. (b) Whenever a proposed subdivision embraces any part of an existing or planned street or transit align- ment designated on an adopted plan, it shall be the responsibility of the subdivider to cause the right-of-way required by such plan to be platted and dedicated to the public. (c) Whenever a tract to be subdivided includes any part of a bikeway, ~ridle path, cross country ski trail or hiking trail designated on the Aspen Trail System Plan, the subdivider shall plat and grant public easements in compliance with the plan. These easementS shall be in addition to, and shall not be included in, the computation of the public open space dedication required. (d) Whenever a tract to be subdivided includes any part of an existing or planned public utility or drainage system designated on an adopted plan, the subdivider shall plat and grant public easementS in compliance with the plan. -35C- RECORD OF PROCEEDINGS 100 Leaves Section 20-19 Exceptions and Exemptions Certain exceptions from the strict application of the provisions of this chapter and exemptions from the definition of a subdivision set forth in Sec.20-3(q) hereof may be obtained under the following conditions: (a) The Planning commission may grant exceptions from the strict application of one or more of the standards, requirements and other provisions of this chapter (other than the design standards in Sec.20-17) when~ in the judgment of the Planning commission, undue hardship may result from struct compliance- No exception shall be granted unless the Planning commission f~n~s: the Planning commission, City Council may exempt a particular division of land from the definition of (1) That there are special circumstances or conditions affecting the subject property such that the strict application of the pro- visions of this chapter for which an exception is sought would deprive the applicant of the reasonable use of his land; and (2) That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and (3) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated, Following receipt of a recommendation from the a ~36- RECORD OF PROCEEDINGS 100 Leaves subdivision set forth in Sec. 20-3(s), when, in the judgment of the city Council, such division of land is not within the intent and purpose of this chapter. ~o such exception or exemption shall be granted unless a written application therefore has been sub- mitted to and considered by the Planning commission, and the grounds for granting such exception or exemption have been entered in the minutes of the granting body by motion or resolution duly adopted. Section 20-20 Subdivision Fees (a) Upon submitting a conceptual presentation or plat to the city Planning office for review, the applicant shall pay to the City an initial fee of One Hundred ($100.00) Dollars, plus an additional amount determined as follows: (1)For R-15,R~30,R-40'RR and Conservation Districts, the fee shall be Five ($5.00) Dollars, Twenty-Two ($22.00) Dollars, and Three ($3.00) Dollars per dwell- ing unit for the conceptual, preliminary and final plat reviews respectively- (2) For all other zoning districts the fee shall be Sixty ($60.00) Dollars, Two Hundred Eighty ($280.00) Dollars, and Thirty-Five ($35.00) Dollars per acre of land for the conceptual, preliminary and final plat reviews respectively. (b) If in the opinion of the Planning commission, a special study is necessary for the review of a plat, and said study cannot be executed by the City Staff, the owner shall employ at his expense, a licensed pro- fessional or person(s) qualified to do the particular study. Prior to employment to conduct such study, the -37- RECORD OF PROCEEDINGS 100 Leaves City shall review the qualifications of those to be employed and shall accept said person(s) as qualified. If %he qualifications of those employed to conduct the study are not accepted by the city, such study shall not be considered valid. (c) There shall be paid, on submission of an application for an exemption from the subdivision regul- ation, pursuant to the provisions of Sec. 20-19(b), herein, a non-refundable fee of Fifty ($50.00) Dollars. Sec. 20-21 Resubdivision and Engineerin~ ~rrors (a) Resubdlvision of land or any change to a recorded plat shall be considered a subdivision and shall require full compliance with this regulation. (b) If it is discovered that there exists an engineering or survey error in a recorded Final Plat, the subdivider, or his assigns, shall be required to file a corrected Final Plat, which shall be approved by the Planning commission. If, however, the correction of the error results in such major alterations that the corrected plat no longer meetS the design standards and criteria of this chapter, then the corrected plat shall be submitted to full subdivision procedures." Sectio_______n % If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such -38- RECORD OF PROCEEDINGS 100 Leaves invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications and to 5hi~ end the provisions or applications of this ordinance are declared to be severable. S_ection 3 A public hearing on this ordinance shall be held on ~ ~..>~_ /~ , 1975, at ~-.' L~P-M' in the city council Chambers, city Hall Building, Aspen, colorado. iNTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the city Council of the City of Aspen, colorado, at its regular meeting held at the city of Aspen, colorado, on the ~-j day of ~ ~a~_'~ ., 1975. ' ~Stabuley Mayor ATTEST: J Katkryn ~uter city clerk FINALLY APPRO~D ~D ADOPTED by the City council of the city of Aspen, colorado, at its meeting held on the day of ~ /~ ~ ~~~ :~ , ~~ III ~ / Mayor ATTEST: city clerk -39~ STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter~ City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on ~-J~L~ ~ , 197~--, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, issue of ~a_~_~. ~=.O~ , 197 ~ , and was and approved Ordinance No. provided by law. in its finally adopted at a regular meeting of the City Council on~ J , published as 197 ~--, and ordered , Series of 197~-, of said City, I have hereunto set my hand and this ~ IN WITNESS WHEREOF, the seal of said City of Aspen,' Colorado, day of ~ , 197.~---~ as ~z, Czty Clerk