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7.16.070 Subdivisions - CLEANOrdinance 25-06 7.16.070 Subdivisions, Avon Municipal Code 7.16.070 Subdivisions The purpose of the subdivision review procedures is to ensure compliance with all the standards and requirements in this Development Code and encourage quality development consistent with the goals, policies and objectives in the Comprehensive Plan. (a) Applicability. The procedures of this Section and the standards in Chapter 7.32, Engineering Improvement Standards, shall apply to all subdivisions or re-subdivisions that result in the portioning, dividing, combining or altering of any lot, parcel or tract of land, including land used for condominiums, apartments or any other multiple dwelling units or creation of an estate in airspace, except any subdivisions that are specifically excluded by state law. (1) If a tract of land that has been created or subdivided in the past is later described as a single tract in deeds or plat by the legal or equitable owners, any later subdivisions of that tract, even if along the lines of the earlier subdivision, shall be subject to the requirements of these regulations. (2) If any tract of land or airspace has been subdivided as one (1) type of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example, conversion of a condominium subdivision to a timesharing subdivision), the conversion shall be subject to the requirements of this Development Code. (3) Unless the method of disposition is adopted for the purpose of evading the requirements of the Development Code, this procedure shall not apply to any division of land that: (i) Is created by a lien, mortgage, deed of trust or any other security instrument; (ii) Is created by any interest in an investment entity; (iii) Creates cemetery lots; (iv) Creates an interest or interests in oil, gas, minerals or water that are severed from the surface ownership of real property; (v) Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common of such interest. For the purpose of this Paragraph, any interest in common owned in joint tenancy shall be considered a single interest; (vi) Creates a leasehold interest with a term of less than twenty (20) years and involves no change in use or degree of use of the leasehold estate. (b) Subdivision Categories. Categories of subdivisions are established and defined as follows for the purpose of determining the appropriate subdivision review procedure: (1) Major Subdivision. Major subdivisions include all subdivisions which would create four (4) or more separate parcels of land or subdivisions requiring or proposing public improvements, that affect unplatted lands, or involve the vacation of existing public improvements. (i) An applicant shall apply for a major subdivision in accordance with the provisions established for the preliminary plan and final plat for subdivision procedures and standards of this Section. (2) Minor Subdivisions. Minor subdivisions include all subdivisions which would create less than four (4) separate parcels from previously platted land, , subdivisions which consolidate two (2) or more lots into a single lot in a previously recorded subdivision plat, subdivisions which adjust previously Ordinance 25-06 7.16.070 Subdivisions, Avon Municipal Code platted lot lines, subdivisions dividing a parcel of land for duplex or townhouse structures, revised plats necessary for the sole purpose of correcting survey or any other technical errors, and condominium and or timeshare subdivisions. (i) An applicant shall apply for a minor subdivision in accordance with the provisions established for the final plat for subdivision procedures and standards of this Section. (ii) Minor subdivisions will not be approved without verification that all park, school, or other applicable dedication fees have been satisfied. (c) Review Procedures. Applications for a subdivision shall follow the general review procedures set forth in Section 7.16.020, General procedures and requirements. (1) Applications for subdivision must be initiated by the owner of real property. (2) The Director may combine preliminary plan and final plat review where the subdivision application can be reviewed efficiently and effectively with a combined process. (i) Where subdivision approval will be required to implement development in a proposed PUD, the applicant shall file a single preliminary plan incorporating the application requirements of the PUD preliminary plan and subdivision preliminary plans. (3) The provisions and procedures for public notice, hearing and review for a preliminary PUD as prescribed in this Development Code shall apply to a preliminary subdivision application. (d) Review Authority. The review authority for a subdivision application shall be determined by the subdivision category. (1) Major Subdivision. Major subdivisions shall be required to obtain approval for a preliminary plan and for a final plat. The PZC shall review a preliminary plan for a major subdivision application and shall provide a recommendation to the Town Council after conducting a public hearing. The Town Council shall render the final decision on a preliminary plan for a major subdivision application after conducting a public hearing. The Town Council shall review the final plat for major subdivision applications and render a final decision after conducting a public hearing. The preliminary plan and final plat for major subdivisions shall be approved by resolution or ordinance of the Town Council. (2) Minor Subdivision. Minor subdivisions shall require final plat review and approval. The review criteria for a preliminary plan shall apply to review of minor subdivision final plats in addition to the review criteria for a final plat. The Director shall review and render decisions on minor subdivisions. A decision of the Director may be appealed to the Town Council pursuant to Section 7.16.180, Appeal. (e) Preliminary Plan Review Criteria. The reviewing authority will use the following review criteria as the basis for recommendations and decisions on applications for preliminary plan subdivision applications: (1) The proposed subdivision shall comply with all applicable use, density, development and design standards set forth in this Development Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks and streets. Applicants shall not create lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible; (2) The subdivision application shall comply with the purposes of this Development Code; Ordinance 25-06 7.16.070 Subdivisions, Avon Municipal Code (3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other community planning documents; (4) The land shall be physically suitable for the proposed development or subdivision; (5) The proposed subdivision shall be compatible with surrounding land uses; (6) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police, fire protection and emergency medical services; (7) The proposed utility and road extensions are consistent with the utility's service plan and are consistent with the Avon Comprehensive Plan and Comprehensive Transportation Plan; (8) The utility lines are sized to serve the ultimate population of the service area to avoid future land disruption to upgrade under-sized lines; (9) The subdivision is compatible with the character of existing land uses in the area and shall not adversely affect the future development of the surrounding area; (10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master Plan as reflected in the approval of that PUD; (11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a "conditional capacity to serve" letter for the proposed subdivision; (12) That the general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed subdivision shall be designed in a way that minimizes the amount of land disturbance, minimize inefficiencies in the development of services, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat and otherwise accomplishes the purposes of this Development Code; (13) Evidence that provision has been made for a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations; (14) Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions or that adequate mitigation is proposed; (15) The subdivision application addresses the responsibility for maintaining all roads, open spaces and other public and common facilities in the subdivision and that the Town can afford any proposed responsibilities to be assumed by the Town; (16) If applicable, the declarations and owners' association are established in accordance with the law and are structured to provide adequate assurance that any site design standards required by this Development Code or conditions of approval for the proposed subdivision will be maintained or performed in a manner which is enforceable by the Town; and (17) As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing. (18) The inclusion of wildfire mitigation provisions for the subdivision, including but not limited to the provision of emergency ingress and egress, a water supply system for firefighting purposes, Ordinance 25-06 7.16.070 Subdivisions, Avon Municipal Code overlot vegetation thinning, creation of fuel-breaks, and a proposed plan for thinning and removal of trees and vegetation designed to mitigate wildfire hazard areas. The use of building envelopes may be required to locate structures outside of potential hazard areas, off of steep slopes and outside of draws and canyons. (f) Minor Subdivision Review Criteria. (1) The subdivision application is consistent with previous subdivision(s) and any associated minor or major development plan application(s) and or building permits. (2) The subdivision application is consistent with the Avon Comprehensive Plan. (3) The land included within the proposed subdivision is being subdivided in accordance with the zoning for the proposed use and or subdivision proposed. (4) The protective covenants, declarations, party wall agreements or other restrictions to be placed on the subdivision have been submitted and shall be filed for recording in the Office of the Clerk and Recorder at the time of Final Plat recording. (g) Final Plat Review Criteria. After approval of a preliminary plan, the applicant may submit an application for a final plat. The following criteria shall apply to review of a final plat subdivision application: (1) The Town Engineer shall compare the legal description of the subject property with the County records to determine that: (i) The property described contains all contiguous single ownership and does not create a new or remaining unrecognized parcel of less than thirty-five (35) acres in size, (ii) The lots and parcels have descriptions that both close and contain the area indicated, and (iii) The plat is correct in accordance with surveying and platting standards of the State; (2) The final plat conforms to the approved preliminary plan and incorporates all recommended changes, modifications and conditions attached to the approval of the preliminary plan, if applicable to the current subdivision application. The Director may waive this criterion for a Minor Subdivision if an associated preliminary plan application is not necessary to split a previously platted parcel into less than four (4) lots. (3) The final plat conforms to all preliminary plan criteria; (4) The development will substantially comply with all sections of the Development Code; (5) The final plat complies with all applicable technical standards adopted by the Town; and (6) Appropriate utilities shall provide an ability to serve letters, including but not limited to water, sewer, electric, gas and telecommunication facilities. (h) Subdivision Plat Requirements. (1) The Final Plat shall be drafted in a legible form with black waterproof ink on a permanent reproducible material such as mylar, on a sheet or sheets measuring 24 by 36 inches with clear margins measuring 2 inches on the left hand side and one-half inch on the remaining sides. (i) Information sufficient to indicate that the Final Plat will meet requirements established under Title 38, Article 51 C.R.S, as amended. Ordinance 25-06 7.16.070 Subdivisions, Avon Municipal Code (ii) Departing property lines and owners of record of all parcels adjoining the proposed subdivision, including parcels separated there from only by a public right-of-way, in grey scale to indicate existing information. (iii) A computer printout, in text or excel format, of Parcel Summaries shall be provided, including lot closure analyses, block closure analyses, and other appurtenant information. (iv) The Plat shall show the name of the subdivision, date, and date of survey, north arrow, and graphic scale and a vicinity map to appropriate scale. Where multiple sheets are necessary, a key map-to-sheet location and all certifications and dedications need to appear on the title or cover sheet. The Final Plat shall adhere to the format and include information as follows: A. Tract boundary lines and right-of-way lines or street lines in solid black lines; easements or other right-of-way lines in dashed lines; and lot boundaries in solid lines shall be shown with accurate dimensions to the nearest 0.01 foot. B. Bearings, deflection angles, arc lengths, chord bearings, chord lengths, tangent distances, and central angles of all curve shall be shown. Curve tables shall be provided on the plat. C. Widths and dimensions of all easements, including typical boundary easements as required by zoning, rights-of-way, and streets shall be indicated. (2) Notes section, organizing all necessary information including legal disclaimers, documents, reservations, definitions (i.e. common elements), associated documents, etc. (3) Names of all streets or roads, block letters and lot numbers shall be indicated in the required land use summary. The land use summary shall include the street address of each lot or unit on the plat. The address number shall be placed within an oval on each lot. (4) The location of any ditches or waterways. The high water mark should be established as part of the subject plat. (5) A legal description of the property with reference to the existing/underlying master parcel, and subdivision, if resubdividing. (6) Vicinity map at an appropriate scale, including section lines and township and range lines, where practical. (7) All elements shown on the plat shall be referenced as being created by this plat or as existing with reference providing the recording information for this existing element. (8) All setbacks per zoning shown and building envelopes provided if required. (9) Land Use Summary, including the total acreage of subdivision, total number of lots, and acreage within the subdivision for each use such as residential, commercial, right-of-way, non- developable areas, greenspaces or open space. (10) Surveyor notes, including any reference to any protective covenants, declarations or other restrictions which shall be filed with the plat, and a purpose statement describing the intentions of the plat. (11) Plat Certificates: i. A Certificate of Dedication and Ownership executed by the record owner(s) and all other Ordinance 25-06 7.16.070 Subdivisions, Avon Municipal Code persons having an interest in the property affected by the subdivision, including any security interest. (See Appendix 7-C). ii. A Title (Company) Certificate showing marketable title in the owners, subject only to the liens or encumbrances of persons executing the Certificate of Dedication and Ownership. (See Appendix 7-C). iii. Surveyor's Certificate (See Appendix 7-C). The certificate shall be signed by a land surveyor licensed in the State of Colorado responsible for the survey and Subdivision Plat. iv. Town of Avon Certificate (See Appendix 7-C). v. Clerk and Recorder's Certificate (See Appendix XX). This certificate need not be completed until final signature by the Town. vi. Treasurer's Certificate of Taxes Paid (See Appendix 7-C). (i) Public Improvements Guarantee. Guarantees for public improvements shall comply with Subsection 7.32.100(c). (j) Revocation. An approval of a final plat is revoked pursuant to this Section. (1) Recording. The applicant shall cause the final plat and restrictive covenants, if any, to be recorded within ninety (90) days from the date of approval and acceptance of the Council. In the event that the plat is not recorded, the approval of the Town Council shall be deemed to be void and such plat shall not thereafter be recorded, unless and until the Mayor executes a written authorization for recording the final plat. (2) Vacation. The final plat approval shall include a determination of a reasonable time by which the project should be completed. All plats given final approval shall contain a notation indicating the date by which a project is expected to be completed, that shall be prima facie evidence of a reasonable time by which the project should have been completed. A plat or any portion thereof that has been finally approved by the Town Council and has been recorded shall be subject to vacation proceedings if the project that is the subject of the subdivision is not completed within the time set by the Town Council. (3) Extension. Extensions of the time limit for project completion may be obtained from the Council for good cause shown, upon request by the applicant or owner of the tract, if made before vacation proceedings are instituted.