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HomeMy WebLinkAbout03512 :' F plikr 0 f . \l. �fi � ' ° , cc 1 (44. : 4 — �° Vt- ,1 As Amended 12 -13 -71 ORDINANCE NO. .3.1 AN ORDINANCE PROVIDING FOR THE REPEAL OF ARTICLE I OF CHAPTER 20, PLATS, SUB- DIVISIONS AND ANNEXATIONS AND ENACTING A NEW ORDINANCE ENTITLED CHAPTER 20, PLATS & SUBDIVISIONS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate material to be deleted; underscoring indicates material to be added) SECTION 1. Article I of Chapter 20 of the 1957 Code of Ordinances is hereby repealed in its entirety. SECTION 2. There is hereby created a new Article I of Chapter 20, entitled Plats &Subdivisions, as follows: "Sec. 20 -1. Title. Article 1. of this chapter shall be known and may be cited as the 'subdivision ordinance of the City of Pueblo, Colorado. } Sec. 20-2. Purpose. It is the purpose and intent of this chapter to promote the health, safety, convenience, and general welfare of the citizens of .Pueblo, ..Colorado, by: (1) Establishing .standards of sub design which will encourage the development of sound, economical, stable neighborhoods and create a healthy living en- vironment for the City. of Pueblo. (2) Providing for lots of adequate size, configuration, and appropriate design for the purpose for which :*they . are to be used. (3) Allowing for design flexibility, and imaginative . site planning. (4) Assuring adequate development of.. established lots. k d (5) Providing for streets of adequate capacity and with appropriate improvements to handle anticipated traffic flow. (6) Providing an efficient, adequate, and economical supply of utilities and services to land develop- ment which will assure that governmental costs are minimized to the greatest extent possible. (7) Insuring, at the time of subdivision, that provi- sions of adequate storm drainage, sewage disposal and other utilities, services, and improvements needed as a consequence of subdivision of land are provided. (8) Providing for the undergrounding of all utility lines and electric lines up to 30,000 volts, except as otherwise provided in this chapter. (9) Minimizing traffic hazards through means of proper street design and providing for safe and convenient vehicular and • edestrian traffic circulation in land development. (10) Providing for adequate vehicular access to abutting properties and the subdivider's remaining holdings. (11) Assuring that street rights -of -way are in harmony with the City's official •transportation plan known as the major street plan. (12) Providing for pedestrian •circulation for the safety and convenience of the pedestrian desiring access to community facilities and for travel throughout the community. (13) Providing for the coordination of subdivision develop- ment with the provisions of public facilities such as neighborhood parks, recreation areas, schools, and other types of community facilities. - 2 (14) Insuring that public facilities are provided in accord- ance with the City's comprehensive plan standards. (15) Providing for adequate law enforcement and fire pro- tection facilities. (16) Insuring the proper development of the community through the principles of :land use control, distri- bution of population, intensity of development, pre - servation of natural amenities, and other elements of the City's comprehensive plan. Sec. 20 -3. Definitions. For the purpose of this chapter, certain terms and words are herewith defined as follows: (1) Lot: Portion of a subdivision intended for transfer of ownership or for building development. (2) Major street plan: A master plan for the location of major streets in and near the City heretofore adopted by the Planning Commission under the authority of CRS, Chapter 139, Article 59 and as further adopted by the City Council of Pueblo, Colorado, and as same may be subsequently amended. (3) Planning Commission Planning & Zoning Commission of Pueblo. (4) Plat:. A d;r'a ling on which the Subdivider's plan of the subdivision is presented, and which he submits for approval and intends in final form to record after approval. (5) Street: A way for vehicular traffic, whether desig- nated as street, highway, thoroughfare, parkway, thruway, road avenue, boulevard, lane, place, or otherwise. (a) Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. (b)_ Arterial streets and highways are those which are used primarily for fast or heavy traffic. 3 • ,/, v (c) Collector streets are those which carry traffic from minor streets to the major system of arter- ial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a develop- ment. (d) Minor streets are those which are used primarily for access to the abutting properties. (e) Marginal access streets are minor streets which are parallel to and adjacent to arterial . streets and highways; and which provide access to abut- ting properties and protection from through traffic. (6) Street width: The horizontal distance between flow- lines of gutters. (7) Street right -of -way width: The horizontal distance between property lines. (8) Subdivider (s) The owner (s) of . the premises intended to be subdivided or made into a subdivision. (9) Subdivision: A division, subdivision, or re- subdivision of any lot, tract, or parcel of land situated wholly or partly within the 'corporate limits of the City into two or more lots, tracts, or parcels of land or the reduction of two or more lots, tracts or parcels of land into larger size tracts. or parcels of land for the purpose, whether immediate or future, of transferring ownership of any one or more such lots,' tracts, or parcels of land, or for the purpose of the • ere'cti'on of 'a b'ui'lding or buildings, or other structure or ' structures on any one or more of such iots, 'tracts, 'or parcels • oaf" land. The word _shall not include a division of land for ,—agricultural purposes into parcels of one acre or more, the • average width of which h is not less than 150 feet when such 4 - P division: (1) does not require the opening of any new street or the use of any new public easement of access; (2) does not obstruct or is not likely to obstruct natural drainage; (3) does not adversely affect or is not likely to adversely affect the establishment of any freeway, major street, primary high- way, or arterial street; and (4) does not adversely affect the execution or development of any plat or subdivision approved by the City Councilor otherwise adversely affect the orderly subdivision of contiguous property. (10) Subdivision Review Committee: A committee composed of the Director of Public Works, the Executive Secretary to the Planning Commission, and the Director of the Department of " Transportation, having those duties and functions as may be defined and set out in this chapter and as may be assigned by the Planning Commission. (11) Subdivision Regulations: Regulations adopted by the Planning Commission, as recommended by the Public Works • Department or as directed by Ordinance or Resolution of the City Council, providing for general format and other details required for the purpose of standardizing submissions, guid- ing subdividers and expediting review procedure. (12) Utilities: Wherever used herein the word utility, includes sanitary and storm sewer, water, electrical, telephone, gas, _cable T.V. and all other services of like nature. Sec. 20 -4. Authority and Control. (1) Authority: No plat of a subdivision shall be submitted to the City Council for approval or accepted by the City of Pueblo until it conforms to the provisions of this Ordinance. (2) Control: (a) Any person, firm, partnership or corporation seeking to subdivide (or re- subdivide) lands located wholly or partly within the corporate - 5 - limits of the City of Pueblo shall be subject to the provisions of this Ordinance. (b) It shall be unlawful for any owner or agent of the owner of any land located within the City to transfer, sell, agree to sell, or negotiate to sell any land by reference to or exhibition of or by use of a plan or plat of a subdivision, . before such plan or plat has been approved by the City Council and recorded in the office of the County Clerk and Recorder of Pueblo County, or any plan or plat of a subdivision so approved and recorded which has been vacated. The descrip- tion of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the opera- tion of this chapter. Each parcel of land so dealt with shall be deemed a separate violation. The City or any purchaser of such land may, by action in any court of equity jurisdiction, enjoin the transfer of, or agreement to transfer, land contrary to the provisions of this section. In the event any such unapproved plat is re- corded, it shall be, deemed invalid, and the City Attorney may institute proceedings to have such plat removed from the records of the County Clerk and Recorder. (c) It shall be unlawful for any person to record or offer for recording with the County Clerk and Recorder of Pueblo County any plat or plan of a subdivision of land located outside the City but within the 'jurisdiction of the Planning Commis- sion until said plat or plan shall have received - 6 - J . final approval in writing by the Planning Com- mission pursuant to C.R.S. 1963, 139- 59 -13, as amended. (d) Any board, public officer, or authority shall be prohibited from accepting, laying out, improving or authorizing utilities to be laid in any street within the territory for which the Plan- ning Commission and the City has adopted a "major street plan unless such street shall be designated and approved by the major street plan; or shall have received a legal status of a public street prior to the adoption of the major street plan; or unless such street is shown on a subdivision plat or a street plat which has been approved by and adopted by the City Council. (e) It shall be unlawful for any person to apply for a building permit or erect a building within the territory of jurisdiction of the adopted major street plan unless the requirements, as provided in Colorado Revised Statutes 1963, Chapter 139, Article. 59, as amended, have been 'fulfilled. (f) No permit shall be issued by an administrative officer of the City for a building or structure on a lot which abuts a street which has not been dedicated or which is dedicated only to a •ortion of the width of said street required by the pro- vision of this chapter, unless such street has been approved as a private street through the subdivision procedures as contained in this chapter. (g) No permit shall be issued by an administrative officer of the City for the construction of any building or other improvements upon any land ate., unless and until compliance with this chapter shall first be met. (h) All plats of property situated outside the corporate limits of Pueblo shall comply with the regulations contained herein insofar as provided for in the Colorado Revised Statutes, 1963, Chapter 139, Article 59, as amended. (i) The area and dimension of each lot in all sub- divisions shall comply with the Zoning Ordinances of the City of Pueblo. Sec. 20 -5. Subdivision Procedures. (A) MASTER DEVELOPMENT PLAN When a tract of land proposed for subdivision constitutes a part of a larger tract of land owned or controlled by the Subdivider, whose intention is to subdivide the remaining part or parts of the larger tract at some future date, a master development plan shall be prepared and submitted by the subdivider and approved by the Planning Commission prior to preparation and submission of the subdivision plat of the tract proposed for initial subdivision. Said Master Development Plan shall be prepared in accord- ance with the requirements of regulations adopted by the Plan- ning & Zoning Commission pursuant to the provisions hereof and the following processing procedures: (1) Eight copies of the Master Development Plan shall be filed with the City Engineer at least 14 days prior to the next regularly - scheduled meeting of the Planning Commission. The City Engineer shall immediately submit said proposed Master Development Plan to the Subdivision Review Committee for review. Said committee shall submit its recommendations to the Planning Commission, together with one copy of the Plan at said regularly- scheduled meeting of the - 8 Planning Commission. Upon receipt of the Master Development Plan, the City Engineer shall also forth- with transmit one copy of each to the franchised electrical power distributor, the franchised natural gas distributor, the Board of Water Works, School District 60, and any other public utility or public agency which may be directly affected. Within seven days after receipt of such plan, each such public utility or agency shall by letter addressed to the subdivision review committee express its approval or recommendations as such master development plan relates to its operations. Failure to objector make recommendations within the required time shall be deemed approval on the part of such public utility so failing to object or make recommendations. (2) When the Subdivision Review Committee's Report is received by the Planning Commission, it shall there- upon set forth its findings in writing, whether of approval, modification, or disapproval. An approved Master Development Plan may be modified from time to time at the direction of the Planning & Zoning Commis - sion or when tracts within the Master Development Plan are 'submitted for subdivision. (B) PLAT. After approval of a master plan, if such a plan is required, a subdivider shall file with the Planning Commission in accord- ance with its rules :. and regulations and this Ordinance a plat consisting of 'drawing (s) indicating the _subdivider's plan for the subdivision in :.a form suitable, for, and which he intends in final form to record, together with any required supportive maps and profiles pursuant to the following procedures: (1) Seven prints of the plat, complete except for signa- tures of city officials together with any street 9 and sewer profiles or other plans that may be required shall be submitted to the City Engineer by the subdivider in accordance with the provisions of this chapter. Upon receipt in official session of the prints of the plat, if said plat shall comply with provisions of this Ordinance, the Planning Commission shall thereupon set a date for a hearing and shall notify the Subdivider by Certified or Registered Mail the time and place of the public hearing, not less than five days before the date set for such hearing. Similar notice shall be mailed to owners of land immediately adjoining and within 300 feet of the area proposed to be platted, in accordance with the certified list of owners of such land furnished by the subdivider. Notification shall be deemed complete upon mailing. Said public hear- ing shall be held within 30 days, but not less than 10 days after the day when the Planning Commission • in official session received the plat. Upon receipt of the plat by the Planning Commission in official session, the prints shall be transmitted to the Subdivision Review Committee who shall forth- with transmit one copy each to the franchised elec- trical power distributor, the franchised natural gas distributor, the Board of Water Works and any other public utility which may be directly affected. Within seven days after receipt of such plat, each such public utility shall by letter addressed to the Subdivision Review Committee express its approval 'or recommendations as such plat relates to its opera- tions.. Failure to object or make recommendations within the required time shall be deemed approval on - 10 4 the part of such public utility so failing to object or make recommendations. The. Subdivision Review Committee shall review the proposed subdivision to check its compliance with the provisions of this chapter of the Code of Ordinances, with adopted subdivision regulations,.. with relationship to the comprehensive plan, with the major street plan, and with pertinent ordinances of the City of Pueblo. The City Engineer shall certify that one of the alter- natives, as listed in subsection 20 -7(J) of this Ordinance has been complied with by affixing his signature to the original and duplicate tracings. The Subdivision Review Committee shall report to the Planning Commission at the time of the hearing and shall make its findings and recommendations known to the Planning Commission at that time. Within 30 days after receipt of the plat in official session and following the hearing before the Planning Commission, the Planning Commission shall approve or disapprove the plat subject to modifications. If the. Planning, Commission approves the plat, the Chairman shall so attest on the reproducible tracing of the plat and a duplicate tracing of the plat shall be submitted for that purpose by the subdivider at said meeting: In the case of approval subject to modifi- cations, the plat shall be considered disapproved until such time as the modifications are completed, and .such ` completion attested to by signature of the Chairman of the Planning Commission. In the event of disapproval, the 'grounds for disapproval shall be - 11 - rye. stated in the records of the Planning Commission. Failure of the Planning Commission to act within a 30 day period after the receipt of the plat in offi- cial session, the plat shall be deemed approved unless a waiver of the 30 day time period is agreed to in writing by the Subdivider. Sec. 20 -6. Required Information. (A) MASTER DEVELOPMENT PLAN The Master Development Plan shall be prepared to a. scale and accuracy commensurate with the purpose of setting forth the Subdivider's intentions regarding: (1) General street pattern with particular attention to collector streets and future neighborhood circu- lation. (2) Location of schools, parks, or recreational areas or other public uses. (3) Sanitary, sewers, storm water disposal and water supply. (4) Proposed Land Uses such as: semi - public, commercial, multi - family` residential, single - family residential and all other proposed land uses. (B): PLAT. The plat shall consist of the drawing intended to be filed and recorded, depicting the subdivision of land into parcels and supportive plats, plans and profiles as are necessary to meet the requirements of this ordinance and related regulations. Said 'drawings shall show: (1) Drawing to be recorded: (a) Tract boundary lines, right -of -way lines of streets, easements, and other rights -of- way, and property lines of residential lots and other sites. Linear dimensions shall be shown to the nearest one hundredth (1 /100) of a foot. - 12 - 4, n Bearings or deflections, angles, radii, arcs, and central angles of all curves and dimensions shall be shown to the nearest minute. (b) The necessary functions for all curve or linear lines in the streets, and radii for all rounded corners. (c) All survey monuments together with their descrip- tion. (d) All lot lines, and an identification system for all lots and blocks, with figures showing their dimensions. (e) Easements for any rights -of -way provided for public use, services, or utilities with figures showing their dimensions. (f) Name of the subdivision, location, and extent of property subdivided, north point, legal descrip- tion of area to be subdivided, acreage of area to be subdivided, scale, date, name of registered land surveyor preparing the plat. (g) Certification of title showing that subdivider is the owner of the entire tract and a dedication by such subdivider of streets, rights -of -way, and other sites for public use. Where improvements as herein defined are required to be installed, the plat shall also show a dedication to the City for municipal or public use by such sub- divider of all such required improvements. (h) Certifications on plat by registered land sur- veyor as to the accuracy; -of survey and plat. (i) Certification by City Engineer that the subdivider has complied with Section 20 -7(J) hereof. (j) Protective covenants, when desired by the sub- divider, shall either be placed directly on the - 13 - final plat or attached thereto in form for recording. Where protective covenants appear on a previously - recorded separate instrument, reference to such instrument shall be made on the plat. (k) A place for certification on the plat by. the City Clerk that the plat has been approved for recording in the office of the County Clerk. (1) Such other detail as may be required by the Planning Commission. (2) Information to be shown on supportive documents, plans, profiles, or maps. (a) The correct location of buildings, watercourses, tree masses, and other existing features which may affect the plat. (b) The name and location of all adjoining subdivi- sions and the names and owners of adjoining unplatted land. (c) Zoning on and adjacent to the tract. (d) Vicinity map showing location of all streets and roads within an area of at least one-half mile from each property boundary. Oa) Contours with intervals of two feet or less referred to the City datum. (f) The scale, date and northpoint. All plats to be recorded shall be submitted on sheet -sizes of 18 x 24 inches or 24'x:36 inches. (g ) Plans and profiles of streets, sanitary sewers, and storm sewers showing grades shall be sub- mitted on separate drawings of sheet size 24 x 36 inches and shall be drawn in accordance with standards established by. the City Engineer and . adopted by City Council. - 14 • (h) A list of names and addresses of all owners of land immediately adjoining and within 300 feet of the area proposed to be platted. Said list . of names and addresses shall be certified by the Subdivider as being correct according to the records of the County Clerk and Recorder. (3) Other information: In the implementation of this Ordinance, the Planning Commission shall have the right to require further information to be submitted where such further information is deemed necessary to a determination that the proposed subdivision adequately meets City standards and will provide adequate protec- tion the health, safety, and general welfare of the community. Sec. 20-7. Minimum standards. (A) ACREAGE SUBDIVISION Where the parcel of land is subdivided into larger tracts than ordinarily used for building lots, such parcel shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent minor streets. The location of all streets in a; proposed subdivision shall conform in general alignment to the major street plan. (B) RELATION TO ADJOINING STREET SYSTEM New subdivisions shall make provisions for the continuation of the principal existing streets in adjoining additions, or their proper projection where adjoining property is not sub - divided, unless the Planning Commission deems such extension undes for specific reasons of topography and /or design. Where it is desirable in the opinion of the Planning Commission to provide street access to adjoining property, proposed streets shall be extended by dedication to the boundary of such property. In general, such streets shall be of a width as great as that of the streets so continued or projected. - 15 - (C) STREETS, ALLEYS, UTILITY EASEMENTS (1) Dedication of Right -of- way - -New Streets. The dedi- cation of right -of -way, measured from lot line, for new streets shall be as shown on the major street plan, .or if not shown thereon, shall meet the following standards: Minimum Dedicated Street Type Right -of -way Width* Arterial 100 feet Collector 80 feet Minor 60 feet Service Road Parallel to Ex pressways , Freeways or Parkways 50 feet Alley 20 feet *The Major Street Plan may indicate greater or lesser right -of -way widths for certain streets, but in no case shall the Subdivider• be required to dedicate more than that herein required for any such street. (2) Dedication of Right -of- way -- Existing Streets. Sub - divisions platted along existing streets shall dedicate additional right -of -way if necessary to meet the mini- mum width requirements as specified in this chapter. (a) The entire minimum right -of -way shall be dedi- cated except where the subdivision is located on only one side of an existing street. (b)' Where the subdivsion is located on only one side of an existing street, at least that amount of right - of-way necessary to construct a street of the minimum width required in subsection 20 -7 (C)(1) shall be dedicated and the entire right- of -way shall be improved by the Subdivider accord ing to the specifications set forth in subsection 20-7(J) herein. (3) Marginal Access Streets--Service Roads. Where a sub- division adjoins or contains an existing or proposed - 16 - • arterial highway on which traffic volumes and vehicu- lar speeds warrant special safety considerations, the Planning Commission may require marginal access streets` . (4) Street jogs. Street jogs with center line offsets of . less than one hundred and twenty -five (125) feet shall not be permitted. Streets shall intersect as nearly as possible at right angles. (5) Dead -end Streets. The right -of -way for permanent dead -end streets shall not be less than 60 feet in width, shall not be longer than 500 feet and shall be ,provided at the closed end with a turn - around having a radius at the flow line of the gutter at the outside of the pavement of at least forty feet. The right-of-way around the paved area of a cul-de- sac shall be a minimum of 12 feet wide at all points as measured from the gutter flow line to the property line, and assurance of adequate storm water drainage by easement through adjoining lots shall be provided where necessary. (6) Utilities. (a) All utilities, except electric lines in excess of 30,000 volts, shall be placed underground unless a waiver from the requirement is granted by the Panning Commission. Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and other facilities necessarily appurtenant to such underground utilities may, with the approval of the Planning Commission, be placed above ground. (b) • All utility easements shall be located and provided where and when required and necessary. Easements for sewer, water and storm drainage shall be at least 20 feet in width, all other utility ease- ments shall be at least 10 feet in width. 17 - (c) In addition a storm water easement or drainage right -of -way may be required by the Planning Commission where necessary for proper drainage within or through a subdivision. (7) Blocks. (a) Length. No block shall be longer than 1,320 feet between center line of street lines. No block on an arterial street shall be less than four hundred feet between center lines of inter- secting streets. (b) Width. Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth, except where it is desirable to back one tier of lots to an arterial street or highway, or where two tiers of lots are not desirable in the opinion of the Planning Commission due to the nature of the proposed development. (D) PLACES Where it is desired to subdivide a parcel of land which, because of its size and location, does not permit a normal street arrangement, there may be established a "Place ". Such "Place" may, be in the form of a court, a non- connecting street, or other arrangement, provided, however, that proper and easy access shall be provided for all lots from a dedicated street or court, and the size of the layout shall be such as to assure a building arrangement corresponding to the standard require - ments for normal forms of subdivision of land. (E) NEIGHBORHOOD PARK AND RECREATION FACILITIES The Subdivider shall dedicate to the City eight (8) per cent of the area of . the subdivision, exclusive of street widths, for use as neighborhood parks, primarily to serve the immediate neighborhood. Land to be dedicated shall be indicated on the Master Development Plan. The City shall assume responsibility - 18 - e ., to develop and maintain said land and shall assume appropriate pro rata share of the costs of curbs, gutter and street improve- ments. If the location, arrangement and size of a proposed sub- division is not appropriate for public land dedication in the judgment of the Planning and Zoning Commission, the City, upon recommendation of the Commission, may elect to accept a cash payment in lieu of land dedication. Such payment shall be based on eight, (8) per cent of the current appraised value of said land. In such subdivisions where a land dedication is not found feasible by the City, the City shall have the option to have the land appraised by independent appraisal in order to determine the appropriate cash payment. If the subdivider does not concur with said appraisal, the subdivider shall have the option to contribute an amount equal to Three Dollars ($3.00) a front foot measured at the front building line for all lots in said subdivision. If plats for approval within an approved Master Develop- ment Plan are accepted before the recreation reservation is actually dedicated, a cash escrow deposit equal to the cash Value of said land to be dedicated shall be deposited with the City to be held in an Open Space Trust until actual convey- ance of 'subject land. These provisions shall not apply to industrial or commercial subdivisions, but shall apply to any residential use of subdivided land. In the dedication of land for neighborhood parks, out- standing geographic, historic or topographic features of the landscape, insofar as possible, shall be selected and preserved. Any subdivision that has been accepted by the City that was used as a base resulting in land being dedicated or money being cony; tributed -will not again be subject to the requirements of this Section 20-7(E) upon its being re- subdivided. - 19 - (F) LOTS (1) All lots shall front upon a public street or road having ., a right -of -way width of not less than fifty feet. (2) Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines. (3) Lot area shall conform to the requirements of the zoning ordinances of the City of Pueblo as the same may be now or hereafter amended. A greater lot area may be required for residential lots if drain- age, soil conditions or other factors would con- tribute to potential health problems. (G) STREET. NAMES Streets which are obviously in alignment with others already existing and named, shall bear the name of existing streets, otherwise names shall not duplicate existing street names. Names similar to existing or proposed names shall not be per- mitted. In no case shall a street be known as a "Place" unless it conforms to the provisions of subsection (D) of this Section. (H) EASEMENTS ALONG STREAMS AND WATERCOURSES Whenever any stream or surface watercourse is located in an area that is being subdivided, the Subdivider shall at his own expense make adequate provisions for the proper drainage of surface water and shall also provide and dedicate to the City an easement along said streams and watercourses. (I) FLOOD HAZARD Land subject to flooding shall not be subdivided for resi- dential purposes. (J) IMPROVEMENTS (1) Compliance with requirements - Steps. Before the plat of any subdivided area shall be approved, the Subdivider shall elect and carry out one of the following alternatives: - 20 - a z 4 (a) Alternative 1: Make and install the improvements described in this subsection in accordance with the standards and specifications of the City in effect at the time of construction of such im- provements. (b) Alternative 2: Deposit a performance bond with sufficient surety with the City Engineer in an amount not less than the Engineer's estimate for all required improvements, such bond to be conditioned upon the completion of such improve- ments within the required time. (c) Alternative 3: Deposit cash or other collateral in an amount not less than the Engineer's esti- mate for all required improvements with the Director of Finance of the City, or with any bank or trust company in , the State of Colorado subject to an escrow agreement whereby the holder of such cash or collateral shall pay all or any portion thereof to the City upon demand as may be required to complete such improvements after the required time shall have expired. (d) The required time for completion of all such improvements by the Subdivider under Alternatives 2 and 3 shall be one year from the date of approval of the plat by the City Council. Upon completion of such improvements within the required time, and payment of all costs of inspection by the Subdivider, the Engineer shall cause such bond or depositor escrow agreement to be released. If said improvements are not completed within the required time, the Engineer shall cause the proceeds of the bond or cash deposit or other -- 21 - collateral or monies in escrow to be used to complete the same. (e) (i) Alternative 4: Enter into an agreement with the City in writing to be recorded and to run with the land whereby within one hundred eighty (180) days after application for a building permit to construct any building or structure upon any building site within the subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever is sooner, the Subdivider or any subsequent owner of the land or any portion thereof shall depos cash or other collateral with the Director of Finance of the City, or with any bank or trust company in the State of Colorado subject .to an escrow agreement whereby the holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time for comple- tion of all required improvements by the Subdivider or subsequent owner shall have expired, which deposit or escrow agreement shall be hereinafter referred to as the deposit. (ii) The amount of the deposit shall be computed as follows: the City Engineer shall estimate the total cost of all uncompleted improvements required by this section within the block at the time appli- cation for building permit is made. The amount of the deposit required by this alternative shall be not less than 25% of such estimate, plus the estimated cost of extending all required sewer and water lines from the nearest existing sewer . and water lines to the proposed building site for . - 22 which a building permit is sought, plus the cost of extending curb, gutter, sidewalk and paving from the edge of the subdivision or, existing improvements of a like nature whichever is nearer . to the proposed building site. In any case where the block, as hereinafter defined, shall exceed one thousand (1,000) feet in length between inter- secting streets, the estimate of the City Engineer under this section may be, reduced to the total cost of all uncompleted improvements in at least one -half of such block, and the required deposit shall be based upon such decreased estimate, provided, however, the Subdivider shall under- take to provide a turnaround of at least sixty (60) feet diameter at the mid -block point and barricade said street so that no through traffic shall be permitted beyond the point to which the City Engineer's estimate is based. (iii) Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever is sooner, the applicant shall likewise deposit an amount not less than the Engineer's estimate for all required improvements from existing improvements to the proposed building site, less any previous deposits made hereunder upon building sites lying between the most recently proposed site and exist- ing improvement. 23 (iv) Upon payment of each such deposit, the City Engineer shall release the proposed building site from the terms of the Subdivider's agreement. (iv -1) Failure to deposit. In the event the Sub - divider or any subsequent owner of the land shall fail to complete such improvements or make such deposit within the required time, no further building permits shall be issued to the Subdivider or the subsequent owner or to any other person, to build or construct any building or structure in such subdivision until such default is remedied. In addition thereto, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in said sub - division and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time within two years after such default. Action upon such debt may be instituted by the City within one year from the date of filing such lien for record. All remedies pro - vided for herein are cumulative and the use of one shall not prohibit the use of another. (v) The required time for completion of all such improvements by the Subdivider within such block shall be one year from the date of application for the first building permit issued within such block. Upon completion of such improvements within the required time and the payment of all inspection costs by the Subdivider, the Engineer shall cause all obligations of the Subdivider 24 relating to such improvements within such block to be released. If said improvements are not completed within the required time, the City Engineer may cause the proceeds of all deposits or other collateral or monies in escrow to be used to complete the same. If insufficient monies be available at the end of the required time to complete all such improvements herein required for the entire length of such block, the Engineer shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance, who shall hold the same in a special fund to await the completion of all such improvements within said block. If said improvements are completed within ten years, the. Director of Finance upon order of the Engineer shall refund said monies, without interest and less 10% of the principal of such fund for each full year which shall have expired since the creation of such fund which shall be forfeit. If such improvements shall not be completed within ten years from and after the date of the creation of such special fund, the entire sum shall be forfeit and 'free of all claims and demands of the Sub- divider or subsequent owner. Such forfeited sums shall be transferred by the Director of Finance to the surplus and deficiency fund created by Charter. (vi) For the purpose of this alternative, the word "block" shall mean both tiers of lots fronting or abutting upon the street which the 25 - • , proposed building or structure shall front to the rear property line of such lots, or the center line of the alley, if there be an alley, and enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut. (f) All surety bonds, collateral in lieu of cash or escrow agreement shall be approved as to form and sufficiency by the City Attorney. Surety bonds shall be deemed sufficient if executed. by ,a corporate surety' licensed to do business in the State of Colorado and countersigned by a resident agent of such corporate surety. Col - lateral in lieu of cash shall be deemed suffi- cient if negotiable and of a present market value in excess of the amount of the Engineer's estimate. (g) Upon the completion of same, all such improve- ments shall be appropriately dedicated to public use. (h) Upon meeting the requirements of Alternatives 1, 2 or 3 above, as to an entire subdivision or any portion thereof the Subdivider may in writing apply for and the City Engineer shall issue a letter of guarantee addressed to any public or private lending institution or loan guarantee. agency or institution setting forth the nature of the financial guarantee supplied by the Sub - divider, the nature of the improvements to be made thereunder, a description of the land to be benefited by such improvements, and the anticipated date of completion. The City Engineer 26 - - may further guarantee to the addressee that such improvements will be completed within the time stated or that the City will use the proceeds of the Sub divider's financial guarantees to complete such improvements with all deliberate haste. (2) Street grading and paving. All streets shall be filled or excavated to the grade approved by the City Engineer and paved, complete with curb and gutter. Such improvements shall be installed under the super- vision of the City Engineer in accordance with the standards and specifications adopted by the City Council. (3) Minimum pavement widths. Widths of pavements shall be measured between flow lines of gutters and shall be as follows: Street Type Minimum Width Arterial 60 feet Collector 44 feet Minor -- Vertical Curb and Gutter 36 feet Minor - -Roll Type Curb and Gutter 36 feet Marginal Access 36 feet Alleys 20 feet (4) Sidewalks. Sidewalks shall have a minimum width of four feet fronting residential lots and a minimum width of six feet fronting school, commercial and business areas. Sidewalks shall be required on both sides of streets. Thickness of sidewalk shall be in conformance with City .standards. (5) Utilities. (a) Water supply system. • The Subdivider shall con- struct a complete water distribution system, in accordance with the specifications of the Board of Waterworks, including a service for each Tot and appropriately-spaced fire hydrants. - 27 - (b) Sanitary sewer system. The Subdivider shall construct a complete sanitary sewer system, in accordance with the specifications of the City Engineer, including a building sewer to each lot. (c) Storm drainage. Adequate provisions for storm water drainage shall be provided in accordance with standards specified by the City Engineer and approved by the City Council. (6) Street name signs. The installation of street signs at all intersections shall be required, such signs to be in general conformity with existing street signs as to size, lettering, durability and place -. ment, all of which shall be approved by the Director of Transportation. (7) Monuments. (a) A. concrete monument at least eighteen inches long and six inches square with a lead plug one inch deep and brass tack center point shall be . set at the intersection of the center lines of each street right -of -way and also at the points of curvature and tangency of said center lines of :.curvi- linear streets. Said concrete monuments shall be set one foot -below the established grades of the streets. Installation of monuments and monument boxes shall be considered as part of the street improvements and streets will not be accepted until these items are properly installed in locations shown on the plat. (b) Iron pin monuments one-half (1/2) inch in dia- meter and at least fourteen inches long shall be. placed at all points on boundary lines where, - 28 U • there is a change of direction and at all block corners. (8) Inspection. All improvements required under this subsection shall be constructed according to appli- cable city specifications and standards. All im- provements shall be inspected and approved by the City Engineer. Cost of inspection shall be paid by the Subdivider. (9) Guarantee. All workmanship and materials on all re- quired improvements shall be guaranteed by the Sub- divider for a period of two years from the date of the acceptance of the required improvements by the City Engineer; with the exception from the guarantee requirement for any defects which are the result of public abuse, misuse, or acts of God. In the event . any other provision of this Code or specifications adopted pursuant thereto shall require a guarantee of workmanship or materials or both for a different period of time, that provision requiring the longer period of guarantee shall govern. City inspection shall not relieve the Subdivider of such guarantee of workmanship and materials. Sec. 20-8. Fees. Upon application for the approval of plat; in addition to any other fee or fees required by law, a fee of Twenty -five Dollars 'shall be paid to the City to defray the costs of giving notice of public hearing thereon and other administrative costs Sec. 20-9. Subdivision Regulations. The Planning Commission shall make available to Subdividers -regulations governing the sheet size, dimensioning, general format, and other details of presentation for the purpose of 'standardizing submissions and expediting the review procedure. - 29 • Section 20-10. Modifications. Whenever the tract of land to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions or the uniqueness of a given proposal requires a modification of the Design Standards as specified in this ordinance or the land being developed as a special area plan as provided in the Zoning Ordinances of the City of Pueblo, or other condition under which the strict applica- tion of the requirements contained in this chapter would result in substantial hardships or injustice, the City Council, upon recommendation of the Planning Commission, may vary or modify such requirements to permit the Subdivider to develop his property; provided that the public welfare and the interests of the City and surrounding area, are protected in the general intent and spirit of this chapter are preserved." SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED, // , 1971 BY � Councian� APPROVE . - P reident u the Council ATTEST : (17 (IAth _City y U ,✓ 30