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�° 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is hereby repealed in its entirety.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.
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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.
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(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.
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(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.
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(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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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(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.
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(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
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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.
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(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
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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.
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(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:
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(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
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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 .
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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.
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(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
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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
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• ,
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
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-
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.
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(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,
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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.
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•
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 ,✓
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