Title 15 - Article VI - Subsection I

220.1 Intent

The intent of this standard is to ensure that when property is developed and/or land made use of (mining, irrigation, etc.) the activity has the proper legal right, in the form of ownership, lease, right, easement or other legal instrument, to carry out the plan as proposed.

220.2 Utility Ownership and Easement Rights

In any case when there is installation of water, sewer, electrical power, telephone, and/or cable television facilities and the facilities shall be owned, operated, or maintained by a public utility or any entity other than the property owner and/or developer, the property owner and/or developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.

220.3 Access

Legal right of access to the property that is to be developed shall be obtained before an approval is issued for development.  Existing private roads that access multiple structures do not suffice as proof that access is permissible on other existing undeveloped lots.  Proof of access (easement) shall be shown before development occurs.

220.4 Ownership, Right or Lease

Before a piece of land and/or property may be used, legal right to commence such activity shall be established, or approval shall not be issued.  Approval by the administrators and/or permit issuance shall only occur after proof of legal ability to carry out the activity/development as proposed is provided.  On Federal property this includes a completed environmental document in compliance with the National Environmental Policy Act and/or other relevant compliance act as may be required by the agency with administrative authority.

220.5 Other Permits

When multiple agencies provide approvals of various forms (permits, etc.) the Town will grant approval only after it is clear that these other approvals have been received, or are in process, and it can be reasonably shown that these approvals will be granted.  If a plan requires multiple agency approval, the Town will only approve plans presented that are substantially the same for each agency.  If a plan is changed to meet the requirements of another agency and this results in a plan that is substantially different than one already approved by the Town, the plan shall be required to be amended to conform to the changes and receive additional approval from the Town before any work may commence.

221.1 Intent

The intent of this section is to ensure that divisions of land into lots of less than 35 acres comply with Colorado State Statutes, and this section, as adopted under the provisions of the Statutes.  In sum, no parcel of land shall be divided for sale into lots less than 35 acres, until such time that the Town Council has provided approval, after hearing(s) before the Planning Commission on the proposed development.  Planning Commission hearings shall be held to determine and provide findings on whether the proposed subdivision plan meets the condition of the spirit and intent of this section, or is exempt from this section, all other applicable standards of this Title, and the Comprehensive Plan for the Town.  To meet this standard, subdivision plans shall proceed through the process indicated for minor, preliminary and/or final plat approval as applicable, and include, as applicable, additional information for development agreements, appropriate re-zonings, and other permits as may be required for compliance with this LUC, and receive approval from Town Council.

221.2 Authority and Scope

The Subdivision Regulations of this section are adopted under the authority granted by the Colorado Revised Statutes, Title 30 Article 28 as apply and as amended, and apply to all land within the incorporated territory of the Town.  Any person, partnership, or corporation intending to subdivide land shall submit plans and plats as required by and specified in this Title.

221.3 Conformance with Existing Laws

Land being subdivided shall conform to the comprehensive master plan and other resolutions and regulations in effect in the Town.  

221.4 Public Notice

Subdivisions shall require public Notice of Hearing before the Planning Commission and Town Council.  Preliminary plans and final plats shall require advertisement in at least one (1) newspaper with general circulation in the Town not less than 7 days nor more than 15 days prior to Planning Commission and 30 days before Town Council hearing.  All impacted agencies, surrounding landowners and jurisdictions are to be notified not less than ten (10) days prior to preliminary plat hearings.

221.5 Expiration of Applications

A subdivision application shall expire 160 days after the last public hearing or formal action on it if the applicant has not demonstrated intent to proceed by the submission of a plan or plat for review.

221.6 Construction before Approval

When a subdivision application has been submitted, no building permit shall be issued for any lot or parcel within the boundaries of the proposed subdivision.  No construction (including grading and site preparation) shall begin on any facility or lot within subdivision boundaries until the final plat for the subdivision has been approved by the Town Council and filed for record with the Rio Blanco County Clerk and Recorder.

221.7 Relocation of Common Boundary Lines

Transfers of land made outside of platted subdivisions for the purpose of relocating common boundary lines between adjoining properties are considered exempt from this section if no parcel or lot is created that is less than 35 acres.  To be approved as an exemption for relocation of common boundary lines, the survey plat must bear the signatures of all landowners whose parcels are changed by the relocation.  The survey plat must show that the exemption was used only to change the location of a boundary line dividing two parcels, and must clearly distinguish the prior boundary location (shown for example, by a dashed or broken line) from the new boundary (shown, for example, by a solid line).  Guarantees of land transferred under this subsection must take title to the land transferred under the same name as they hold title to their land adjoining said property.  No separate or new parcel may be created hereunder.

The owners' certificate that is required to be on the exemption survey plat shall follow the language:

"I (we) hereby certify that the purpose of this subdivision of land is to relocate common boundary lines between adjoining properties, and no additional parcels are hereby created;

therefore, this division of land is exempt from review as a subdivision pursuant to Section 30-28-101 (10)(d), C.R.S."     (Names, Signatures of both property owners, and Dates)

When common boundary lines are shifted and lots are created that are less than 35 acres the plat shall follow all the guidelines as noted above but an administrative review by the Town Manager shall be made.  If in the view of the Town Manager the boundary relocation substantially changes the nature of the property it shall be treated as a minor or major subdivision as might apply.  If it does not substantially change the nature of the property, it shall be administratively approved.

221.8 Vacation of a Plat of Record

A landowner may make application to vacate any plat of record, or portion of a plat of record, under the following conditions:

• The plat to be vacated is a legal plat of record;
• Vacation of the plat will not interfere with development nor deny access via public thoroughfare to adjoining properties, utility service, or other improvements;
• Vacation of the plat will not be contrary to the Rangely Master Plan or Zoning Ordinance.

Vacation of a utility easement shall be brought directly to the Town Council and shall be accompanied by letters of acquiescence from all interested utility companies and parties.  All other vacation petitions shall be brought to the Planning Commission for recommendation to the Town Council.  The Town Council shall approve or deny the petition.  If the petition is approved, it shall then be recorded with the Rio Blanco County Clerk and Recorder.  All fees for the recording of such vacation shall be paid by the petitioner.

221.9 Subdivision/Minor

A subdivision that does not involve any of the following is considered a minor subdivision: (i) the creation of more than a total of 7 lots; (ii) the creation of any new public streets; (iii) the extension of a public water or sewer system; (iv) the installation of drainage improvements through one or more lots to serve one or more other lots; (v) the grading, filling or engineering of land for stability or substantial use for construction on any of the lots or protection of land or associated features such as but not limited to roads.  A minor subdivision necessitates only the requirement for a preliminary plan submittal so an application can follow a process of single hearing before the Planning Commission (preliminary plan) and approval by the Town Council (final plat) provided that both entities find the request generally reasonable and the final plat and agreements or other permit requirements of the applicable design standards, and the standards in general, of this LUC are met.

221.10 Subdivision/Major

A subdivision that is not a minor subdivision is a major subdivision.  A major subdivision requires hearings before the Planning Commission for both the preliminary plan and final plat.  A major subdivision requires approval by the Town Council of the final plat.  Recommendations by the Planning Commission may be accepted as presented to the Town Council or modified.  Intent of the process is to complete all design aspects for the subdivision at the preliminary stage and use the final plat approval as a quality control check for compliance with conditions agreed between the Town and developer.

221.11 Preliminary Plan

Subdivision applicants shall provide information to meet the applicable standards of this LUC.  The standards and agreements that shall be applicable are to be worked out between the developer and Town staff prior to any hearings and shall conform to this Title and other guidance accepted and/or published and distributed by the Town.  Based on information presented at a hearing, where recommendations of Town staff, overview of the development proposed by the applicant, and testimonials of the public are discussed, the Planning Commission shall determine what should be included in the final plat and whether or not to recommend the subdivision plan to the Town Council.  The Planning Commission can request resubmittal or a developer can resubmit a preliminary plan up to three times before the Planning Commission is required to make a ruling on the submittal.  If the subdivision is a minor subdivision, the final plat shall conform to the provisions discussed before the Planning Commission and be forwarded to the Town Council without another hearing before the Planning Commission.  If the subdivision is a major subdivision, a final plat and associated agreements shall be brought back to the Planning Commission for consideration.  Resubmittals are considered continuances of the initial hearing for the preliminary plan provided the plan is reconsidered within two working meetings of the Planning Commission.

221.12 Contents of Preliminary Plan

Preliminary plans shall include the elements noted below as required by Town staff and agreed to by the applicant in meetings prior to Planning Commission hearing.

221.12.1 Drawing Requirements

All Plat drawings shall include the following information and conform to these standards.

• A registered land surveyor licensed to do such work in the State of Colorado shall certify the accuracy of location of alignments, boundaries, and monuments.  A poorly drawn or illegible plan is sufficient cause for its rejection.  The plan shall be drawn to a scale not smaller than one (1) inch equals two hundred (200) feet and shall indicate the basis of bearings, True North arrow, name of municipality, township, range, principal meridian, section and quarter section, block and lot number (of property under consideration).
• The dimensions of each and every map submitted shall be twenty-four (24) inches by thirty-six (36) inches.  In the case of multiple sheets, a key map showing the relationship of the individual sheets shall be provided on each sheet.  
• Prints of the map(s) shall be black on white or blue on white, and reproduction shall be clear, crisp and legible.

221.12.2 Aspects on the Plat Drawing

• A title of the intent that includes extent of the purpose of the plat and plan such as but not limited to whether the plat covers subdividing, rezoning, annexation, etc.
• The name of the subdivision/development that is substantially different from any other subdivision/development in the Town of Rangely and surrounding area.  
• The name(s) and address(s) of the owner(s), subdivider(s), and preparer(s) of the plat and plan.
• The legal description of the area to be subdivided, its acreage, and when an entire parcel is not subdivided, an indication of the use of the remainder of the parcel.
• A topographic vicinity map with a Town map and the proposed subdivision imposed on it.
• Abutting property ownership.
• Existing and proposed lots to the nearest foot (which may be scaled values).
• Numbering for existing and proposed lots and blocks.
• Existing and proposed streets, roads and highway.
• Location and identification of all existing and proposed public and private easements.
• Existing and proposed street names.
• Existing and proposed easements showing location, size and proposed use.
• Sites to be reserved or dedicated for parks, playgrounds, schools, or other public use.
• Anticipated use for multi-family dwellings, shopping centers, community facilities, industry or other uses, exclusive of single-family dwellings.
• Acreage analyses for lots, roads and easements.
• Building envelopes for lots with particular constraints to be considered such as but not limited to viewscapes.
• Existing buildings, telephone lines, gas lines, power lines, irrigation ditches, and other features located on the subdivision and on the property lines around the subdivision boundaries.
• When condominiums or party walls (such as duplex units or townhouses) are created, the preliminary plan shall show all common areas and usages of buildings and grounds as well as the interior divisions of buildings showing horizontal and vertical boundaries of all units.
• Soil types and their boundaries based on the National Cooperative Soil Survey, U.S. Department of Agriculture, Soil Conservation Service and a table of interpretations for the soil types shown on the soil map.
• Significant geologic features.
• General location in the subdivision area of trees over six (6) inches in diameter, measured at four and one half (4 1/2) feet above the ground.  In cases of heavily wooded areas, indicate the trees to be removed.
• Existing contours at two-foot intervals for predominant ground slopes within the tract between level and five percent (5%) grade and five-foot contours for predominant ground slopes over five percent (5%) grade.  Elevations shall be based on National Geodetic Survey sea level data.  
• A generalized grading plan identifying areas of cut and fill and street gradients.  Intended contours shall be shown as solid lines at the same interval as required for existing contours, which shall be shown as dashed lines.
• Watercourses and proposed storm water drainage system, including culverts, water storage areas, streams, areas subject to occasional flooding, marshy areas and swamps and catchments.
• The boundaries of areas subject to inundation or storm water overflows of an intensity estimated to occur with a return frequency of once every one hundred years.

221.12.3 Written Plan Information to be submitted with the Plat

When it is determined necessary after discussion with Town Staff, each of the following written descriptions shall be provided with the drawing plat and considered the written portion of the plan.

• Function, ownership and matter of maintenance of common open space not otherwise reserved or dedicated for public use.
• Sewage disposal report that addresses the projected sewage generated (gallons) by the subdivision at full development and evidence that the subdivision proposed can either connect to an existing public system or septic systems are a feasible alternative.
• An example of all covenants, maintenance agreements, condominium declarations, and grants of easements or restrictions to be imposed upon the use of the land, buildings, and structures.
• Geologic investigation reports regarding area suitability for the proposed development.
• Tables of soil type interpretations based upon the National Cooperative Soils Survey, U.S. Department of Agriculture, and Soil Conservation Service.
• Proof of ownership or right to represent owner(s) in the subdivision and other permitting required because of this LUC.
• Total number of proposed dwelling units.
• Total number of square feet of proposed non-residential floor space by use.
• Total number of proposed off-street parking spaces, excluding those associated with single-family residential development.
• Ownership, maintenance, design, and function of roads.
• Estimated construction cost and proposed method of financing of the streets, water distribution and treatment system, sewage collection and treatment system, storm drainage facilities, and such other facilities as may be required of the developer by the Town.
• Adequate evidence that a water supply sufficient in terms of quality, quantity and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed including, as applicable, evidence of ownership or right of acquisition of or use of existing and proposed water rights, historic use and estimated yield of claimed water rights, amenability of existing rights to a change in use, evidence that public or private water owners can and will supply water to the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending services to that area and projected water requirements of the subdivision at full development, including all expected water uses (domestic, irrigation, etc.).
• Fire protection plan that addresses, as applicable, distance and time to fire station, fire hydrants and cisterns, wildfire control, access plan for fire department, evacuation plan and location of bulk flammable and hazardous materials.  
• Grading, drainage, and erosion control plans based on a review of the soils, slopes, vegetation, drainage characteristics and mitigation of natural hazard conditions on the site and the estimated impact of the proposed development on adjacent properties.

221.13 Distribution of Preliminary Plan

The subdivider shall submit copies of the plat, plan, and text, the number of which, Town staff determines is necessary to contact those in the following list who need to consider the implications of subdivision development.  This information shall be submitted for review 15 days prior to Planning Commission public hearing.  The Planning Commission shall distribute copies thereof for review and comment, suggestions and recommendations, as follows and as applicable:

• To the appropriate school district when the subdivision is a major subdivision;
• To each county within a two-mile radius of any portion of the proposed subdivision;
• To any utility, local improvement, and service district, when the subdivision is a major subdivision
• To a ditch company when the subdivision has the potential to impact operations;
• To the Colorado State Forest Service, National Forest Service and/or Bureau of Land Management when the subdivision is a major subdivision;
• To other planning commissions with jurisdiction over the area;
• To the Colorado Department of Public Health and Environment, for review of the proposed sewage disposal system and water supply to serve the subdivision;
• To the state engineer for an opinion regarding material injury to decreed water rights, historic use of and estimated water yield to supply the proposed development, and conditions associated with said water supply evidence.  The state engineer shall consider the cumulative effect of on-lot wells on water rights and existing wells;
• To the Colorado Geological Survey for an evaluation of those geologic factors which would have a significant impact on the proposed use of the land.
• To the applicable local fire district.
• To the local Colorado Division of Wildlife office for the review of potential impacts to wildlife when the subdivision is a major subdivision.
• To all adjacent and nearby landowners identified from a list of those who may be affected by the proposed development.
• To any other agencies or persons, who may, in the opinion of the Town Staff, be affected by the proposed subdivision.

221.14 Final Plat

The Planning Commission shall recommend approval of the subdivision to the Town Council if the commission finds the final plat and other applicable submittal documents are in conformance with conditions of approval as agreed to through the preliminary plan process.  Final plats shall conform in all major respects to the preliminary plan as previously approved and incorporate all modifications required and agreed to during its review by the Planning Commission.

An electronic copy in a file format acceptable to the Town of all final plats, written plans and agreements shall be submitted to the Town by the developer.

221.14.1 Contents of Final Plat

• The final plat shall show the following at a scale of not smaller than 1" = 200':
• All lands within the boundaries of the plat shall be accounted for either as lots, walkways, streets, alleys, or excepted parcels.
• The bearings, distances and curve data of all perimeter boundary lines shall be indicated outside the boundary line, not inside with the lot dimensions.  When the plat is bounded by an irregular shore line or a body of water, the bearings and distances of a closing meander traverse should be given and a notation made that the plat includes all land to the water's edge or otherwise.
• On curved boundaries and all curves on the plat, sufficient data shall be given to enable the re-establishment of the curves on the ground.  This curve data shall include the following for circular curves:
  • Radius of curve;
  • Central angle;
  • Arc length;
  • Notation of non-tangent curves with chord bearing and distance.   
• Lengths shall be shown to hundredths of a foot, and angles and bearings shall be shown to seconds of arc.
• All dimensions of irregularly shaped lots shall be indicated in each lot.
• Bearings and lengths shall be given for all lot lines, except that bearings and lengths need not be given for interior lot lines where the bearings and lengths are the same as those of both end lot lines.
• Location and identification of all existing and proposed public and private easements shall be shown or identified on the final plat.
• All blocks, and all lots within each block, shall be consecutively numbered.  Each lot and parcel shall be numbered and shall show its area to the nearest one-hundredth of an acre.  Lots less than one-half acre may be designated in square feet.
• Excepted parcels shall be marked "Not included in this subdivision" or "Not included in this plat,” as appropriate, and the boundary completely indicated by bearings and distances.
• All streets, walkways, and alleys shall be designated as such and streets shall be named; bearings and dimensions shall be given with right-of-way shown. There shall be no duplication of street, road, etc. names within Rio Blanco County.
• Where condominiums or party walls (such as duplex units or townhouses) are created, the final plat shall show all common areas and usages of buildings and grounds as well as the interior division of buildings showing horizontal and vertical boundaries of all units.
• The information on the plat shall also include:
  • Name of subdivision and date.  There shall be no duplication of subdivision names within the Town of Rangely and Rio Blanco County.
  • Name, signature, date, and address of owner or owners of record and preparer of the plat.
  • Total acreage of subdivision and total number of lots.
  • The number of acres and the percent of total area of the subdivision in streets, lots, and each other type of use proposed for the subdivision.
  • A scale drawing of the boundaries of the land parcel.
  • A statement of the scale or representative faction of the drawing, and a bar-type or graphical scale.
  • All dimensions necessary to establish the boundaries in the field.
  • A statement by the land surveyor explaining how bearings, if used, were determined, per State Board of Registration Policy Statement.
  • North arrow.
  • Any conflicting boundary evidence.
  • Vicinity map insert with scale.
  • The perimeter of the proposed subdivision shall have an error of closure of not greater than one (1) part in 20 to 30 thousand (20,000-30,000).
  • Access information for all lots or parcels shall be shown or described on the final plat.
  • All covenants, maintenance agreements, homeowner's associations, deed restrictions, etc. shall be described or referenced on the plat.
  • A legal description of the outer boundary of the subdivision shall be described on the final plat.  The outer boundary shall have a minimum of one tie to two separate Government Land Survey System corners.
  • When required, building envelopes shall be shown on all lots less than five (5) acres in size and on all lots with significant development constraints.
• Plat Notices shall be included on the plat, as appropriate, to alert owners or potential owners of property within the subdivision of specific land use and site specific limitations or restrictions.  All plat notices shall appear under the heading "PLAT NOTICES" and may include but are not limited to, the following items:
  • Notice that a subdivision agreement between the Town and subdivider exists and is on file with the County Clerk and Recorder along with the plat.
  • Status of road maintenance.
  • Domestic water availability.
  • Sewage disposal system statement.  
  • Severe soil limitations.
  • Natural hazard conditions such as floodplains.
  • Critical lands and environments
  • Airport safety/noise zone.
  • Severed mineral ownerships/split estates.
  • Fire protection.
  • Common ownership and maintenance.
  • Non-buildable lots and parcels.
  • Reference to all covenants, maintenance agreements, condominium declarations, and grants of easements or restrictions to be imposed upon the use of the land, buildings, and structures indicating they exist but are not required by the Town and in no way grant Town approval to activities carried out or required thereunder.

221.14.2  Signature Lines and Wording

The signature and seal of those listed as responsible parties to the plat with the following signature line and language:

221.14.2.1 Notary

Notary of the State of Colorado County of __________________
The foregoing instrument was acknowledged before me this ______day of ________, A.D. 20____, by (printed name of owner). (If by natural persons here insert name; if by persons acting in a representative official capacity, then insert the name of said person and his capacity; if by officers of a corporation, then insert the names of said officers as the president or other officers of such corporation, naming it.)
My commission expires on (to be filled in by Notary).

Witness my hand and official seal.

(Signature)______________________________________________(Seal)
(Printed name of Notary)
Notary Public

221.14.2.2 Optional Attorney’s Opinion

I, (printed name of attorney), being an Attorney-at-law duly licensed to practice before the Courts of Record in the State of Colorado, do hereby certify that I have examined the title to all lands herein dedicated and shown upon this plat and that title to such lands is in the dedicator free and clear of all liens, taxes, and encumbrances, except as follows: (list same or indicate NONE).
Dated this _______________ day of _____________________, A.D.____

(Signature)______________________________________
Attorney-at-Law

221.14.2.3 Land Surveyor’s Certificate

I, (printed name of Land Surveyor), being a Registered Land Surveyor in the State of Colorado, do hereby certify that this plat and survey of (name of subdivision in capital letters) was made by me and under my supervision and that both are accurate to the best of my knowledge. I further certify that monuments and markers were set as required by the Town of Rangely Subdivision Ordinance.

Dated this _______________ day of _______________________ A.D. _____

(Signature)_______________________________________(Seal)

Colorado Registration Number    (number of registration)

221.14.2.4 Town of Rangely Planning Commission Approval

The Planning Commission of the Town of Rangely, Colorado does hereby authorize and approve this plat of the above subdivision at a meeting of said Commission held on this _______________ day of ___________, AD._____

(Signature)_______________________________________________________
(Printed Name of Chairman)
Chairman

221.14.2.5 Approval by the Town Council

The within plat of _________________________________________
is approved for filing this _________________ day of _____ 20______. The dedication of the public ways shown hereon are accepted by the Town of Rangely, State of Colorado, subject to the condition that said Town shall undertake the maintenance of said public ways only after construction of said public ways has been satisfactorily completed to the Town specifications by the sub-divider and a resolution of the Town of Rangely Town Council, Rangely, Colorado, accepting the same, has been adopted and placed on record.

Town Council
Town of Rangely, Colorado

By:_____________________________
Mayor
ATTEST:_____________________________
Town Clerk

221.14.2.6 Clerk and Recorder Filing

Rio Blanco County Clerk and Recorder’s Acceptance
 (to be placed in the lower right hand corner of the cover sheet).

This plat was accepted for filing in the office of the County Clerk and Recorder of Rio Blanco County, Colorado on this_________ day of ______________, A.D. ______.
Book Number _______, Page Number ___________ , Reception Number ______, Time _____

221.14.2.7 Recordation of Protective Covenants (if applicable)

Protective Covenants recorded in:

Book Number __________________________, Page Number __________

221.14.3 Drawing Requirements

The final plat drawing shall be prepared and certification made as to its accuracy by a registered land surveyor licensed to do such work in the State of Colorado.  A poorly drawn or illegible plat is sufficient cause for its rejection.

The plat shall be delineated in nonfading permanent ink, at a scale not smaller than 1" = 200', on a dimensionally stable polyester sheet such as cronar, mylar or other product of equal quality, three mils or greater in thickness, twenty-four (24) inches high by thirty-six (36) inches wide.  The plat shall bear original signatures and seals and shall have a minimum of a two-inch margin on the left  side (width) and a minimum of one-half inch margins at the top, bottom and right sides of the plat.  The surveyor making the plat shall certify on the plat that it conforms to these regulations and to all applicable State laws, and that the monuments described in it have been placed as described.  Surveyor shall affix their name and seal.  

In the case of multiple sheets, a key map showing the relationship of the individual sheets shall be provided on each sheet.  Prints of the final plat shall be black on white or blue on white, and reproduction shall be clear, crisp and legible.  Plats shall be accompanied by electronic files of all relevant subdivision information (plats, written plan, engineering plans, agreements, etc.) in a format acceptable to the Town.

221.15 Monuments

All corner monuments as stated in 38-51-104 C.R.S., and corner monuments established for a "Monumented Land Survey" as defined in 38-51-100.3(7) C.R.S., shall be a minimum of 5/8" solid rod 24 inches in length.  All corner monuments within a subdivision that fall within a concrete slab shall be a concrete nail with washer stamped with the land surveyor's number responsible for establishing the same or a witness corner (at the above-mentioned solid rod standards).  All property corner monuments that fall within a paved street shall conform to the above-mentioned standards for the nail with stamped washer.  All monuments shall emit a magnetic field.

Controlling corners within subdivisions shall be:

5/8" solid rod 24 inches long shall be set at all angle points and at the point of curvature and point of tangency on the centerline of all roads, streets, drives, and/or avenues of all subdivisions.  Affixed to the top of each rod shall be a durable cap bearing the Colorado registration number of the land surveyor responsible for establishing the same.  The purpose for such monuments is for controlling corners for lots within said subdivision.  All such corners within the driveable surface of such roads, streets, drives, etc. shall be set within a range box as herein shown.  All monuments shall emit a magnetic field.

Where applicable, all monuments shall conform to State Board of Registrations Rule 6-4, as amended.

221.16 Supporting Documents

The documents for the subdivision shall be submitted with the final plat and are considered part of the final plat submission.

• Drawings as applicable are to be prepared by professionals (planners, architects, registered professional engineers, land surveyor, etc.) as appropriate, showing layout, profile, and detail design of the following:
  • All utilities and easements, plus statements from utility companies (water, electric, gas, telephone, etc.) as applicable, that service will be provided to the development in accordance with the Colorado Public Utilities Commission regulations.
  • Plan, profile and typical cross section drawings of roads, bridges, culverts, and other drainage structures.
  • Grading and drainage plan if required by preliminary plan review.  The proposed grading plan shall be indicated by solid line contours superimposed on dashed line contours of existing topography.  Such contours shall be at two-foot intervals for predominant ground slopes within the tract between level and five percent (5%) grade and five-foot contours for predominant ground slopes over five  percent (5%) grade.
  • Erosion control plan if required by preliminary plan review.
• Agreements meeting proper legal standards acceptable to the Town (Subdivision Improvement Agreement).
• Where a portion of an existing easement is contiguous to a proposed easement or right-of-way of a new subdivision, proof of the dedication of the existing easement or right-of-way acceptable to the Town Council must be submitted.
• Where the subdivider is to dedicate land for schools, roads, parks, or other public purposes, a letter of intent is required from the Town stating that the Town Council will accept the lands to be dedicated, subject to applicable improvement standards and agreements by the appropriate public agencies.
• When a new street will intersect with a State Highway, a copy of the State Highway permit shall be submitted.
• Copies of deed restrictions, including those required by the Town, to govern the future use of each lot and any common land with regard to the future construction of water or sewer systems, roads, resubdivision, and other potential changes which might significantly alter the subdivision as approved by the Town with regard to the criteria and standards of these regulations.
• Copies of deeds of common areas and facilities that shall identify proportionate interests in the common area or facility and shall include a method binding the owners to maintenance in perpetuity.
• If the subdivision is to include condominium units, the applicant shall provide Condominium Declarations that shall include, in addition to the requirements of State Law, the following:
  • A statement defining the character, duration, rights, obligations, and limitations of condominium ownership, including any restrictive covenants affecting individual units.
  • A statement of the method by which the proportionate valuation of common elements shall be assessed to individual units.
  • Provisions for creating conditions, restrictions, and limitations on time-sharing ownership, if applicable.
  • A management plan that states:  
  • The responsible party for managing the common area, lodging reservations, etc; and
  • Provisions for selecting, appointing and securing management; and
  • Responsibilities and duties of the management entity; and
  • The responsible parties for coordinating the use and rental unit occupancy of those units that are used for short-term lodging.  
• A maintenance plan that states:
  • The responsible entity for repair and maintenance of common areas; and
  • What will be included in the maintenance program.
  • The mechanism used to fund the management and maintenance activities of the development.  
  • If the subdivision is to include party walls (such as duplex units or townhouses), the applicant shall provide a Party Wall Agreement that shall include the following:
    • Identification of the parties or units.
    • Identification of the party wall(s).
    • Provisions for repair and maintenance.
    • Easements for repairs to the party wall.
    • Utility easement(s).
    • Any other documentation as may be reasonably required.
• A copy of each Colorado monument record as defined in 38-51-103 C.R.S. and a copy of a Colorado monument record for the required benchmark.
• Where the subdivider proposes to connect to an existing public water or sewer system, proof that the owner of such system(s) will serve the development shall be provided.

221.17 Acceptance of Roads and Other Public Land Dedications

Approval of a subdivision shall not constitute an acceptance by the Town of the roads, streets, right-of-ways, alleys, open space, or other public lands as indicated for dedication on the plat.  The dedication of any of these lands for public use of any nature within the Town shall be accepted by the Town only by specific action of the Town Council.

221.18 Utilities and Improvements

Unless otherwise established by the Town Council as part of an economic development initiative, the following improvements shall be constructed at the expense of the subdivider as stipulated in the Subdivision Improvement Agreement in a manner consistent with sound construction and local practice.  Where specific requirements are spelled out in other sections of these regulations, they shall apply:

• Roads, grading and surfacing.
• Curbs, if required.
• Sidewalks, if required.
• Sanitary sewer laterals and mains, where required.    
• Storm sewers or a storm drainage system, as required.
• Water distribution system, where applicable.
• Street signs at all street intersections.
• Permanent reference monuments and monument boxes.
• Other facilities as may be specified or required in these regulations by the Town Council.
• All utilities in subdivisions shall be constructed underground unless demonstrated to be economically and mechanically infeasible.
• Street lighting, if required.

221.19 Guarantee of Public Improvement

• No final plat shall be approved or recorded, unless specifically allowed by the Town Council, until the subdivider has submitted and the Town has approved one or a combination of the following:
  • A subdivision improvement agreement guaranteeing construction of any required public improvements shown in the final plat documents together with collateral which is sufficient, in the judgement of the Town Council, to make reasonable provision for the completion of said improvements in accordance with design and time specifications; or
  • Other agreements or contracts setting forth the plan, method, and parties responsible for the construction of any required public improvements shown in the final plat documents which, in the judgement of the Town Council, will make reasonable provisions for completion of said improvements in accordance with design and time specifications.
• As improvements are completed, the subdivider may apply to the Town Council for a release of part or all of the collateral deposited with the Town.  Upon inspection and approval, the Town shall release said collateral.  If the Town Council determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such substantial compliance.  If the Town Council determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the Town Council may withdraw and employ from the deposit of said collateral such funds as may be necessary to construct the improvements in accordance with the specifications.

221.20 Public Sites and Open Space Dedications

The Planning Commission may recommend and the Town Council require, upon consideration of Town development patterns, circulation, facilities, and the future requirements of the subdivision, the dedication of areas or sites of a character, extent, and location suitable for various public uses, including schools and parks, according to one of the following alternatives or a combination of them:

• Five percent (5%) of the gross land area of the final plat shall be dedicated to the public for schools.  
• Five percent (5%) of the gross land area of the final plat be dedicated for public parks.

221.21 Resubdivision Procedures

Resubdivision of land or changes to a recorded plat (adjustment of lot lines and parcels) may be handled as a minor subdivision if they can meet the following conditions, otherwise they shall meet all the conditions for the type of subdivision which they may be considered.

• Lot lines may be revised from those shown on the recorded plat provided that in making such changes:
  • No lot or parcel of land shall be created or sold that is less than the minimum requirements for the area or dimension as established by these regulations or other applicable regulations or ordinances and the basic layout and form of the subdivision is maintained;
  • Easements reserved for development purposes shall be maintained consistent with the new drawing and if applicable supported by complete engineering data;
  • Street locations and street right-of-ways shall not be changed in any major way , and;
  • The plat shall not be altered in any way that will adversely affect the character of the original plat filed.
• If a minor survey or drafting error is discovered, the Registered Land Surveyor who has certified the plat shall be notified of any errors or omissions, whereupon he or she shall submit an "Affidavit of Correction" to the County Surveyor for verification.  If the surveyor who certified to the plat is absent, a Town-approved surveyor shall prepare the "Affidavit of Correction.” The completed affidavit shall be submitted to the Town Council for review and approval prior to recording with the Rio Blanco County Clerk and Recorder.  If a minor change is approved by the Town Council on a recorded subdivision plat or exemption survey, the surveyor requesting the corrections shall be responsible for filing with the Rio Blanco County Clerk and Recorder the "Affidavit of Correction" signed by the County Surveyor.  In the absence of the responsible land surveyor, the Town-approved surveyor shall prepare and file with the Rio Blanco County Clerk and Recorder the "Affidavit of Correction.”  The "Affidavit of Correction" shall be attached to the plat or map of record.  If, however, the correction of the error or omission results in such major alterations that the subdivision plat does not meet the design standards and requirements of Town rules and regulations, then an amended plat shall be prepared requiring the full approval process according to the process for approval of these regulations.
• When a re-subdivision complies with the appropriate requirements of these regulations, a record plat indicating the re-subdivision shall be submitted to the Planning Commission for their recommendation to the Town Council for its endorsement, prior to the filing of such plat with the Rio Blanco County Clerk and Recorder.  Such plats shall specifically indicate the revisions being made compared to the previously recorded plat.

221.22 Withdrawal of Approval

The Town Council may withdraw its approval or any recommendation by the Planning Commission of a plan or plat if and when it is determined that information provided by the subdivider, upon which such decision was based, is false or inaccurate.

221.23 Recording Final Plat

After the Town Council has approved the final plat, the developer shall pay a recording and filing fee as currently charged by and made payable to the Rio Blanco County Clerk and Recorder within thirty (30) working days of approval or the approval shall be void.  Unless said approval is void, the Town Clerk shall then file and record the final plat with the Rio Blanco County Clerk and Recorder.  

221.24 Variances

Should the subdivider clearly demonstrate that, because of peculiar physical conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Town Council may permit such variance or variances as may be reasonable and within the general purposes and intent of the rules, regulations and standards established by these regulations.  The Town Council is not obligated to grant any variance and must uphold the intent of the standards of this Title.

221.25 Validity

If any section, subsection, paragraph, clause, phrase, or provision of these regulations shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of these regulations as a whole or any part or provision hereof, other than the part so adjudged to be invalid or unconstitutional.

221.26 Town Records

The Town shall maintain an adequate numbered filing system for all subdivisions, including copies of all maps, data, and Town actions.  

221.27 Design Standards

These standards shall be applied along with consideration of all other standards of this LUC, and in the case of apparent contradictions, the more restrictive shall apply provided the application is reasonable and used in character and consistency with surrounding uses in the area of proposed development.  Only the standards necessary to achieve the forgoing objective shall be applied, as determined by the Planning Commission and approval of the Town Council, based on recommendation of the Town staff.

221.27.1 Natural Landscape and Hazards

• The design and development of subdivisions shall preserve, insofar as possible, the natural terrain, natural drainage, existing topsoil, and trees.
• Land subject to hazardous conditions such as land slides, mud flows, rock falls, snow avalanches, possible mine subsidence, high water tables, open quarries, floods, and polluted or non-potable water supplies, shall be identified and shall not be subdivided until the hazards have been eliminated or will be eliminated by subdivision and/or building design.

221.27.2 Lots

• A municipal or county boundary line shall divide no single lot.
• A lot shall not be divided by a road, alley, or other lot.
• No wedge-shaped lot shall measure less than thirty (30) feet in width at the front property line.
• Side lot lines should be at right angles or radial to street lines.  Where lot lines are not at right angles or radial to the street lines, this shall be indicated.
• All residential lots in subdivisions shall front on a public street.
• Double frontage lots shall not be permitted.
• Where no zoning regulations are in effect, maximum density standards or minimum lot size requirements may be specified by the Town Council.
• All lots and parcels shall have legal and practical ingress and egress.Each lot shall have fifty percent (50%) of its minimum required lot area or twenty thousand (20,000) square feet, whichever is less, in slope of less than fifteen percent (15%).

221.27.3 Roads and Streets

• Streets shall have the names of existing streets that are in alignment in the Town.  There shall be no duplication of street names within the Town.
• All road construction shall meet the design criteria adopted by the Town.
• In residential subdivisions, the road system shall be designed to serve the needs of the neighborhood and to discourage use by through traffic.  The arrangement of streets shall conform to the general circulation plan and shall provide for the extension of existing streets where appropriate.
• Provisions for access for emergency vehicles shall be provided.
• Street name signs shall be required at all intersections in subdivisions. Such signs shall be approved by the Public Works Department.
• All streets that dead-end shall provide a cul-de-sac that meets Town specifications.
• The following road right-of-ways shall be dedicated for public use in subdivisions:
  • Local and rural residential streets shall require the dedication of road right-of-ways as required by the Town consistent with subdivision design.
  • Minor?? Collectors shall require the dedication of road right-of-ways necessary for public safety and area design.

221.27.4 Residential Street Design

• In general, sidewalks or pedestrian walkways shall be required where the average lot size in the proposed subdivision is not rural residential and lots are less than 1/2  acre in size.
• Sidewalks shall be provided where required by the Town on both sides of all streets and shall meet all design criteria specified.
• Block lengths shall be reasonable in length, and the total design shall provide for convenient access and circulation for emergency vehicles.
• Where blocks exceed one thousand (1000) feet in length, pedestrian rights-of-ways of not less than ten (10) feet in width shall be provided through blocks where needed for adequate pedestrian circulation.  Improved walks of not less than four (4) feet in width shall be placed within the right-of-way.
• All sidewalks and walkways shall meet Americans with Disabilities Act of 1990 (ADA), as amended, requirements.
• Rural residential streets shall be designed to complement a rural setting, constructed to Town standards and have an all-weather surface.

221.27.5 Easement Standards

• Utility easements shall follow rear and side lot lines whenever practical and shall have a minimum total width of twenty (20) feet apportioned equally in abutting properties.
• Where front lot line easements are required, a minimum of fifteen (15) feet shall be allocated as a utility easement.  Perimeter easements shall not be less than fifteen (15) feet in width extending throughout the peripheral area of the development and shall be designed so as to provide efficient installation of utilities.  Special guying easements at corners may be required.  Public utility installations shall be located to permit multiple installations within the easements.  The developer shall establish final utility grades prior to utility installation.
• In cases of timber, steep slopes, and/or excessively rocky terrain, utilities shall be encouraged to construct facilities in the streets to avoid resource destruction.
• No permanent structures shall be placed within fifteen (15) feet of either side of the centerline of an irrigation ditch designed for less than three (3) cubic feet/second and thirty (30) feet of either side of the centerline of an irrigation ditch designed for more than three (3) cubic feet/second.  Irrigation ditches located on slopes may require additional width to accommodate normal ditch maintenance.
• Where a development is traversed by a watercourse, stream, or drainageway, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse with an adequate width to accommodate the drainage plan.
• Fire hydrant and fire cistern easements shall be provided when the hydrants are not within a public or private street/road or emergency vehicle lane right-of-way.
• Sidewalk easements of not less than five (5) feet in width shall be provided when the sidewalk is not within a dedicated street right-of-way.
• Private driveway easements shall not be less than 20 feet in width.

221.27.6 Sanitary Sewage Disposal

• Whenever individual on-lot sanitary sewage disposal systems are proposed, the subdivider shall either install such facilities or require by deed restrictions or a condition of sale of each lot or parcel within such subdivision that on-lot sanitary sewage disposal facilities be installed by the purchaser of said lot at the time that the principal building is constructed.  In all other cases, sanitary sewage disposal facilities shall be available before occupancy of a building.
• Where local, county or regional master plans indicate that construction or extension of sanitary sewers may serve the subdivision area within a reasonable time, the Town Council may require the installation and capping of sanitary sewer mains and house connections in addition to the installation of temporary individual on-lot sanitary disposal systems.  

221.27.7 Storm Drainage and Floodplains

• Complete drainage systems for the entire subdivision area shall be designed by a professional engineer, licensed in the State of Colorado and qualified to perform such work, and shall be shown graphically in the drainage plan.  All existing drainage features to be incorporated in the design shall be so identified.  If the final plat is to be presented in phases, a general drainage plan for the entire area shall be submitted with the first phase.
• The drainage and floodplain systems shall be designed:
  • To permit the unimpeded flow of natural watercourses.
  • To ensure adequate drainage of all low points.
  • To ensure that all provisions of the natural hazard protection and the National Flood Insurance Program be met.
  • To ensure that any use of land is prohibited where flooding would create a potential public health problem.  This includes shallow and uncased wells, sanitary landfills, water treatment plants, and sewage disposal systems.
  • To ensure that any contemplated floodplain encroachment or channeling shall be thoroughly analyzed and its effect on stream flow determined before it is undertaken.  Any construction, dumping, and filling operations in a designated floodway constitute an encroachment.
  • To ensure that all lots containing land which is less than two (2) feet above the elevation of the one hundred (100) year recurrence interval flood or, where such data is not available, five (5) feet above the elevation of the maximum flood record have adequate building sites documented with consideration to the location of the building and, where applicable, of wells and septic tanks.
  • To ensure that the drainage system be designed to consider the drainage basin as a whole and to accommodate not only runoff from the subdivision area but also, where applicable, the runoff from those areas adjacent to and upstream from the subdivision itself, as well as its effects on the lands downstream.

221.27.8 Fire Protection

• Fire hydrants shall be provided where a water distribution system will serve a development except in rural residential zones.  Fire hydrants shall be located at intervals not to exceed one thousand (1,000) feet and within five hundred (500) feet of all single-family occupied structures.  Multi-family and nonresidential structures may require smaller intervals between hydrants at the recommendation of the local fire district.
• All multi-family and nonresidential structures above two stories in height shall be provided with an adjacent emergency vehicle lane that will enable fire-fighting apparatus to maneuver no further than twenty-five (25) feet maximum from the structure.
• Dry hydrants utilizing local streams, ponds, or other water sources may be required as recommended by the local fire district.
• All required pressurized fire hydrants shall meet the following requirements:
  • Residential hydrants shall consist of two – 2-½-inch (NTS) male connections at least 3 feet above ground level.
  • Residential hydrants shall be marked in a manner to facilitate location during heavy snow accumulation or snow removal and located away from snow storage areas.
  • Residential hydrants shall generate a minimum flow of 300 gpm.
  • Nonresidential hydrants shall consist of two – 2-½-inch (NTS) male connections and one  5-inch steamer connections at least 3 feet above ground level.
  • Nonresidential hydrants shall be marked in a manner to facilitate location during heavy snow accumulation or snow removal and located away from snow storage areas.
  • Non-residential hydrants shall generate a minimum flow to be determined by the local fire district.

221.27.9 Erosion, Sediment Control, and Construction Phasing

• Grading, excavation and construction disturbance shall be phased to limit disturbed areas to those areas to be developed within one (1) year where possible.
• All disturbed areas which are not possible to be reclaimed within one (1) year shall be revegetated with a suitable vegetative cover approved by the local Soil Conservation District.
• All sediment and erosion control plans shall utilize conservation and revegetation measures recognized as best management practices.  
• Weeds (as determined by state and local noxious weed lists) shall be controlled on all disturbed areas and on the entire construction site and as approved by the Town Manager or designee.

222.1 Intent

The intent of this section is to provide for temporary use of property while in transition to another use or as part of another use temporarily.  The intent is to provide for flexibility while not allowing property to diverge from a stated use it otherwise would be required to follow as part of a processes of this LUC.  Specifically, temporary uses shall not be allowed to become a conglomeration of different uses, not have adequate services for sanitation, and shall not become permanent structures or mobile homes for the purpose of residences or commercial operations.

222.2 General Regulations

The general standards of this section shall apply to all temporary uses unless otherwise expressly stated.  Temporary uses shall abide by these principles and receive administrative approval if considered allowed uses, or Town Council approval if considered a special temporary use.   Temporary uses shall not be considered for:

• permanent use of a site unless they comply with all conditions required for any other permanent use;
• permanent signs that are otherwise temporary signs associated with the temporary use;
• leniency of applicable conditions of approval that apply to a permanent use on the site;the exemption of the applicant or operator from any other required permits, such as Health Department permits, or exemption from Site Plan Review.

222.3 Uses Allowed

Temporary uses shall be allowed in accordance with the standards of this section.

222.3.1 Real Estate Sales Offices

Sales offices are allowed on residential development sites in any zoning district until all lots or houses are sold not to exceed one and one-half years or whichever is applicable.  Use of the sales office for sites outside of the project is prohibited.

222.3.2 Fairs, Carnivals and Other Related Gatherings

In nonresidential zoning districts, such uses shall be allowed for up to fourteen consecutive days.  Two events are allowed per calendar year.

222.3.3 Natural Disasters and Emergencies

Temporary uses and structures needed as the result of a natural disaster or other health and safety emergencies are allowed for the duration of the emergency.  No Site Plan Review or other review shall be required.

222.3.4 Parking Lot Sales

Parking lot sales are allowed in nonresidential zoning districts for one day at a time for a total of two weeks during the year.

222.3.5 Sidewalk Sales

Sidewalk sales are allowed during business operations during good weather.

222.3.6 Construction Office

These uses are allowed for six months with a single six-month extension provided basic sanitation, building warmth (if used throughout the winter), and building (electrical and unit certification) and location (access and neighborhood impact) issues can be adequately addressed before use.  Additionally these facilities shall comply with all applicable federal and state rules and regulations.

222.3.7 Construction Activities

Uses such as but not limited to concrete batch plants, asphalt plants, and associated activities that are determined to be temporary may be granted a temporary permit for a period not to exceed three months with a three-month extension, when construction is ongoing.

222.3.8 Recreational Vehicles and like Units (temporary residences)

A single recreational vehicle may be occupied on a single parcel of any use for a period not exceed 120 days from April to November without approval or permit.  These types of units may not be occupied during winter months.  A temporary use permit may be granted, for a period not to exceed eight months, provided the provisions of this section are met.  The period granted for temporary use may not be during the months of December, January, February or March and no more than one unit (vehicle) may be located on a single parcel.

222.4 Special Temporary Uses

The Planning Commission may recommend and the Town Council may approve other temporary uses and activities or special events if it is determined that such uses would not jeopardize the health, safety, or general welfare, or be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity.

222.5 Approval Criteria

Approval can be granted for  temporary use if it is determined that all of the following conditions are met:

• The proposed site is adequate in size and shape to accommodate the temporary use.
• The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate.
• Adequate parking to accommodate vehicular traffic to be generated by such use will be available either on site or at alternate locations.
• The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety, or general welfare.
• The temporary use conforms to all applicable Federal and State rules and regulations.

222.6 Conditions of Approval

In approving temporary use requests the Town Manager and/or Town Council as the case might apply, is authorized to impose such conditions upon the premises benefited by the permit as may be necessary to reduce or minimize any potential adverse impact upon other property in the area, so long as the condition relates to a situation created or aggravated by the proposed use and is roughly proportional to its impact.  For example, authorization to require:

• Provision of temporary parking facilities, including vehicular access and egress.
• Control of nuisance factors, such as the prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gases, and heat.
• Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment, and open spaces, including buffer areas and other yards.
• Provision of sanitary and medical facilities.
• Provision of solid waste collection and disposal.
• Provision of security and safety measures.
• Regulation of operating hours and days, including the duration of the temporary use to a shorter time period than that requested or specified in this section.
• Submission of a performance bond or other financial guarantee to ensure that any temporary facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition.

223.1 Intent

The intent of this section is to address basic requirements for plans that may be part of an overall development project such as but not limited to stormwater, management, natural hazards and landscaping plans and the elements included in such plans.  Plans are intended to provide for completion of  design aspects including long-term maintenance and care of public and private components, residual land, and other aspects such as large tracts of land created by conservation easements, transferable development rights, etc. through the Land Use Management process.  These plans shall be required for all development when staff can clearly demonstrate the need for a plan to cover such aspects as addressed in the overall development program.

223.2 Plan Elements

Plans are to be composed of text, graphics and/or photographs as necessary and properly convey the intent of the plan.  Plans must include at least the following elements as determined by the administrators:

• The name of the project;
• The name, address and phone number of the person preparing the Plan;
• The name, address and phone number of the person(s) responsible for construction of design features as applicable and those for maintaining the features/property;
• The proposed use(s) of the features/property;
• The goals of the Plan;
• The legal description of the property;
• The availability of necessary maintenance features such as irrigation water and associated supporting information for such as the amount of water, the name of the ditch company and the method of delivering water to the site;
• A brief narrative describing the methods to be used to maintain features/property such as to control runoff, wind and water erosion, noxious weeds and pests;
• A description of the current condition of the status including photographs or other graphic representations of any areas needing reclamation, restoration or other special attention;
• A description by common and scientific name of any species of plants or animals to be introduced to the site and an explanation of the reasons for the introduction;
• A description by common and scientific name of any species of plants or animals to be eliminated from the site an explanation of  the reasons for such elimination and the time table for elimination;
• A plan for financing current improvements and maintenance;
• A plan for long-term compliance with the Plan, monitoring and reporting of compliance with the Plan and enforcement of the provisions of the Plan;
• A contingency plan for maintenance of the property if key provisions such as irrigation water are not available, and;
• If applicable, a plan for the maintenance and monitoring of offsite community systems that includes a method of financing those systems.
• To approve a Plan, the Planning Commission and Town Council must find the following conditions exist:
• The Plan includes all applicable elements described in the subsection above;
• The Plan provides for the best available practices to maintain the features/property for the use(s) specified in the Plan;
• The proposed Plan provides for the best available practices to properly control problems such as noxious weeds;
• The Plan includes measures to adequately protect key features such as wetlands and wildlife habitat;
• The Plan designates an individual or organization to provide an adequate funding mechanism to ensure maintenance and monitoring of the features/property and enforcement of the provisions of the Plan concurrent with the development agreement, conservation easement or other instrument;
• The Plan includes an adequate mechanism to inform the Town of changes in ownership or responsibility for the management of the features/property and to report results of monitoring, and;
• The contingency is adequate to provide for long-term maintenance of the site if key aspects such as irrigation water is removed from the site or the use of the site changes significantly.

223.3 Final Approval

Final approval of any project by the Town Council implies approval of other plans as required.  Such plans are to be included as parts of any Development Agreement for a project.  The Town Manager may authorize minor adjustments to plans upon a finding that the original intent and purpose of the Plan is preserved.  If the Town Manager determines the adjustments are not minor or will substantially change the intent, a new plan for approval shall be drafted and carried though the process.  Adjustments to plans shall be discussed with the Planning Commission for comment and policy consideration.

224.1 Intent

The intent of this section is to establish a procedure to bring land under the jurisdiction of the Town in compliance with the Colorado Municipal Annexation Act of 1965, as amended.  This section, in part, provides supplemental requirements for annexation pursuant to the Colorado Municipal Annexation of 1965, and is not to be construed as altering, modifying, eliminating or replacing any requirement set forth in that act, or any requirements set forth in other portions of this LUC.  In the event of a conflict between the act and the provisions of this section or any requirements set forth in other portions of the LUC it is the expressed intent of the Town Council that the more stringent provision shall control.

224.2 Statement of Policy and Review Criteria

It shall be the general policy of the Town with respect to annexations and the consideration of annexation petitions that:

• Annexation is a discretionary act.  With the exception of an initiated petition for the annexation of an enclave, the Town Council shall exercise its sole discretion in the annexation of territory to the Town.
• The land to be annexed and the uses proposed for the land shall conform to the goals, policies and strategies of the Comprehensive (Master) Plan and to the land uses depicted on the Land Use and Public Facilities Map, as amended.
• Certain public facilities and amenities are necessary and must be constructed as part of any territory annexed to the Town in order that the public needs may be served by such facilities.  These facilities include, but not by way of limitation, arterial streets, bridges, public parks and recreation areas, school sites, fire and police station sites, and storm drainage facilities.  The annexation of lands to the Town shall be shown not to create any additional cost or burden on the current residents of the Town to provide such public facilities in any newly annexed area.
• The petitioner for annexation shall be responsible for paying the Town the  full cost for processing the annexation petition, from initial discussion with Town staff before submittal of the petition  through the approval and recording of the final annexation documents.
• Annexed areas will not divide tracts of land to prevent further annexation of adjoining parcels.  (For example, leaving a “gap” or a “strip” of land between property to be annexed and the adjoining property.)
• All subsurface (non-tributary) water rights shall be deeded to the Town at the time of annexation.
• The Town shall have in place an “annexation master plan” for the “three-mile” area surrounding the Town.  The “annexation master plan” shall be updated for each annexation or once per year, whichever is less.

224.3 Eligibility for Annexation

Eligibility for annexation shall be determined by conformity with the requirements of C.R.S. §§ 31-12-104 and 31-12-105, as amended and as determined by the Town Council in their sole discretion.

224.4 Procedure

Annexation petitions shall be processed and considered as follows:

Step 1: Annexation Pre-Application Conference.

The application process begins with a pre-application conference with the Town Manager or designated Town staff member to determine the feasibility of the annexation request.  Following this informal meeting, the applicant submits a Letter of Intent requesting annexation, the Annexation Petition, the completed Annexation Application form, annexation maps and supporting documents.

Step 2: Annexation Petition Certification and Completion.

The petition for annexation or petition for election and all other documents submitted shall be reviewed by Town staff  for completeness and compliance with the provisions of the Municipal Annexation Act of 1965, and the LUC.  The applicant shall be notified within a reasonable time of any deficiencies or inadequacies in the materials submitted.  An incomplete submission shall not be processed, nor referred to the Town Council for a determination of substantial compliance.

Step 3: Annexation Petition Referral to Town Council.  

Upon the Town staff’s determination that the petition and supporting documentation are complete and in compliance with  provisions of the Municipal Annexation Act of 1965, and the LUC, the Town Clerk shall refer the petition to the Town Council as a communication.

Step 4: Town Council Determination of Substantial Compliance.  

The Town Council, without undue delay, shall take the appropriate steps to determine if the petition is in substantial compliance with the Municipal Annexation Act of 1965.  If the petition is found to be in substantial compliance with the Municipal Annexation Act of 1965, the Town Council may, by the adoption of a Resolution of Intent to Annex, set the annexation (and zoning if requested) for public hearing on a specified date, time, and place, not less than (30) thirty days nor more than (60) sixty days from the effective date of the Resolution, subject to compliance with C.R.S. § 31-12-108.  If the petition is found to not be in compliance with the Municipal Annexation Act of 1965, no further action shall be taken, except that the determination shall be made by resolution adopted by the Town Council.

Step 5: Planning Commission Review and Recommendations.  

The Planning Commission shall consider the petition for annexation at a regular or special meeting to be held prior to the date of the public hearing before the Town Council.  If zoning of the property is requested at the time of annexation, the Planning Commission shall hold a public hearing on the zoning of the property at the same meeting.  Notice of the public hearing on zoning shall be given in accordance with the requirements for an amendment to the zoning map. The Planning Commission, upon the conclusion of the meeting at which they consider the petition, shall by resolution recommend approval of the petition for annexation with or without modifications and/or conditions, or recommend denial.  If zoning of the property is requested at the time of annexation, the Planning Commission shall by resolution recommend approval with or without modifications and/or conditions, or recommend denial of the requested zoning.  They shall refer any such recommendation to the Town Council.

Step 6: Town Council Public Hearing and Action on the Annexation.  

The Town Council shall hold the public hearing on the petition for annexation, and zoning, if requested in conjunction with the annexation, on the date and at the time set by the Resolution of Intent to Annex.  The petitioners shall present evidence in support of the petition, and zoning if applicable.  Staff shall testify as to the elements required by statute to be present for annexation.  Any person may appear at the hearing and present evidence on any matter related to the annexation petition as determined by the Town Council.  The Town Council may continue the hearing to another date without additional notice if the volume of material to be received cannot be presented within the available time for any given session; except that no session of the hearing shall be so continued unless at least one hour of testimony has been heard.  All proceedings at the hearing and any continuances thereof shall be recorded, but the recorder’s notes need not be transcribed unless proceedings for judicial review are initiated as provided by C.R.S. § 31-12-116.  At the conclusion of the public hearing, the Town Council shall adopt a resolution containing the findings of fact and conclusions, including:

• Whether or not the requirements of C.R.S. § 31-12-104 and 105 and this section have been met;
• Whether or not additional terms and conditions are to be imposed; and
• Whether or not an election is required, either as result of a petition for election or the imposition of additional terms and conditions.

If the Town Council finds that the area proposed for annexation does not comply with the requirements of C.R.S. § 31-12-104 and 105, the annexation proceeding will be terminated.

If the Town Council finds the following:

• The annexation is in compliance with the requirements of C.R.S. § 31-12-104 and 105;
• That an election is not required under C.R.S. § 31-12-107 (2);
• The petition is found to be signed by the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys; and
• No additional terms and conditions are to be imposed;

The Town Council may annex the land by ordinance without election.  The ordinance annexing such area shall include a statement that the owners of one hundred percent (100%) of the area petitioned for the annexation.  The zoning of the property, if requested with annexation, shall be approved by separate ordinance.

If the petition is for an annexation election, or the Town Council determines that less than one hundred percent (100%) of the owners have signed the petition for annexation, or the Town Council determines that additional terms and conditions should be imposed upon the area proposed be annexed, which are not agreed to voluntarily and in writing by the landowners, the Town Council shall make appropriate findings by resolution  and order an election to be conducted in accordance with C.R.S.§ 31-12-112.

If the annexation is approved by the eligible electors in accordance with C.R.S. § 31-12-112, the Town Council may by ordinance annex the land.  In the event the annexation is not approved by the eligible electors or the vote is tied, the annexation proceeding will be terminated.

If the Town Council, in its sole discretion, finds that the annexation is not in the best interest of the Town, it may deny the petition by resolution, stating the grounds for such denial.  Only in the event of a petition for the annexation of an enclave as provided by C.R.S. § 31-12-107(5) shall the Town be required to annex property.

224.5 Post Approval Actions

After final passage of the annexation ordinance, the Town will file one (1) copy of the annexation map with the original of the annexation ordinance in the office of the Town Clerk. The Town will file for recording three (3) certified copies of the annexation ordinance and annexation map with the County Clerk and Recorder.  The Town shall request the Rio Blanco County Clerk to forward one (1) copy of the annexation map and ordinance to the Division of Local Government in the Colorado Department of Local Affairs and one (1) copy of the annexation map and ordinance to the Department of Revenue of the State of Colorado.

In the event that zoning was requested with the annexation, zoning shall be granted by ordinance and copies of the official zoning map amendment shall be recorded with the Rio Blanco County Clerk and Recorder in the manner provided by the LUC.  In the event that zoning was not requested with annexation, the Town shall bring the area annexed under the zoning ordinance and map within ninety (90) days after the effective date of the annexation ordinance in the manner provided by the LUC.

224.6 Public Hearing Notices

Notice of the public hearing for annexation set by the Resolution of Intent to Annex shall be given in accordance with C.R.S. § 31-12-108.  A copy of the Resolution of Intent to Annex, or the petition(s) as filed (exclusive of signatures), together with a notice of the date and time and place set by the Town Council for the public hearing, shall be published once a week for four (4) successive weeks in a newspaper in general circulation in the area proposed to be annexed.  The first publication of such notice shall be at least (30) thirty days prior to the date of the public hearing.

A copy of the published notice, together with a copy of the adopted Resolution of Intent to Annex and the petition as filed, shall be sent by certified mail, return receipt requested, to the County Board of County Commissioners and the County Attorney and any special district or school district having territory within the area to be annexed, at least (25) twenty-five days prior to the date fixed for the public hearing.

A copy of the published notice, together with the “Letter of Intent” provided with the application, the annexation map and the “concept plan” for the development of the property shall be sent by certified mail, return receipt requested, to the owners of real property within three hundred (300) feet of the boundaries of the proposed annexation, irrigation ditch companies whose rights-of-way traverse the property to be annexed and to the mineral estate owners and their lessees of the property to be annexed.  Notice provided by the Town to the owners of the minerals estate and their lessees shall not relieve the petitioner(s) from the responsibility of providing notice as required by C.R.S. § 24-65.5-101, et seq.

In the case of a “flagpole” annexation, the Town shall also provide notice to abutting property owners as specified in C.R.S. § 31-12-105 as amended.

224.7 Petitioner’s Responsibilities

The petitioner shall provide the Town with an address list containing the owners of real property within three hundred (300) feet of the property to be annexed, the mineral interest owners and lessees for the property to be annexed, the irrigation ditch companies whose rights-of-way traverse the property to be annexed and the special districts encompassing the property to be annexed.  The list is to be prepared and certified by a title insurance company licensed by the State of Colorado, within the thirty (30) days prior to the date of submission of the annexation petition.

The petitioner shall provide a sufficient number of clasp envelopes to mail notices to all special districts encompassing the property be annexed, the Board of County Commissioners and County Attorney, and referral agencies of the Town, as directed by the Town.  The petitioner shall also provide a sufficient number of self-adhesive window envelopes (no return address) to mail notice to the owners of real property and mineral interest owners and lessees identified in the mailing list.

The petitioner shall be responsible for posting the property as provided herein, and shall meet with Town staff to obtain completed public notice placards and the posting layout.  The petitioner shall submit a signed, notarized affidavit certifying that the property was posted on the required date and in the locations as approved by the Town.  The petitioner is also responsible for ensuring that the posted notices remain in place, in legible condition until the public hearing is concluded, and for removal of said posted notices after the public hearing is concluded.  Notice shall be posted along the public street rights-of-way bordering the property, at least once every six hundred (600) feet of frontage on said rights-of-way, or as otherwise approved by the Town.

The petitioner shall be responsible for providing notice of each public hearing (Planning Commission and/or Town Council) to the owners of the mineral estate on the property to be annexed, and to their lessees, as required by C.R.S. § 24-65.5-101, et seq.  The petitioner shall certify to the Town Clerk not less than fifteen (15) days prior to the date of the public hearing(s), the petitioner’s conformance with this notice requirement

224.8 Reimbursement of Town for Annexation Expenses

The petitioner shall reimburse the Town for its expenses in reviewing and processing the annexation petition, including, but not limited to legal publications, engineering services, attorney fees, consultant fees, reproduction of material, postage, public hearing expenses and recording documents.  The Town may require a reasonable administrative fee and a reimbursement agreement upon the submission of a petition for annexation.

224.9 Annexation Petition and Application Submittal Requirements

Submission requirements for an annexation petition are one (1) original and three (3) copies of the forms and maps described below.  The letters and documents are to be delivered to the Town Clerk with the fees.  The documents are to be submitted in separate three-ring binders of suitable size to hold the material.  Any forms or letters requiring signatures shall have one (1) original signed and dated in blue ink.  The remaining copies may be photocopies of the original.  The binders shall contain a table of contents and be tabbed accordingly.  Pockets are to be provided in the binder for the folded maps that are submitted.

Following Town Staff review and notice of acceptance for referral to the Town Council, the applicant shall provide three copies of the annexation documents.  The name or title of the proposed annexation on all documents and maps must be consistent.  Letter sized (8 ½" x 11") documents will be filed with the Rio Blanco County Clerk and Recorder Office with one (1) inch margins  

The Annexation application shall include:

• Letter of Intent.  The applicant shall provide a letter of intent addressed to the Town Council to serve as a cover letter to the formal petition, introducing the applicant(s) to the Town Council, requesting annexation of the petitioner’s property and describing the development plans for the property, if it is annexed.
• Annexation Application Form.  The Town’s Annexation Application Form shall be completed, signed and dated.
• Agreement for Payment of Development Review Expenses Incurred by the Town.  The application shall be accompanied a signed standard form Agreement for the Payment of Development Review Expenses Incurred by the Town.
• Petition for Annexation.  The applicant shall submit a petition for annexation complying with the requirements of C.R.S. § 31-12-107.  The Town’s standard form petition shall be utilized.  Any deviation from the standard form petition will require review and approval by the Town Attorney before the Town accepts the petition for processing. The applicant is to provide a word-processing file of this document if it deviates from the Town’s standard form petition.
• The petition shall contain the following statements:
  • An allegation that it is desirable and necessary that the area be annexed to the Town of Rangely.
  • An allegation that eligibility requirements and limitations have been met or addressed respectively.
  • An allegation that the petitioners comprise the land owners of more than fifty percent (50%) of the territory included in the proposed annexation area (excluding streets and alleys).
  • A request that the Town of Rangely approve the annexation.
  • If not already included, consent to the inclusion of the property into the (insert names of any applicable special districts) as appropriate.A waiver of any right to election pursuant to Section 28 of Article X of the Colorado Constitution before a district can impose property tax levies and special assessments.
  • The dated signatures of petitioning landowners.  Petition signatures must be signed within one hundred eighty (180) days of the date the petition is first submitted to the Town Clerk.
  • The mailing address of each signer of the petition.
  • The full legal description of land owned by each signer of the petition (if platted, by lot and block; if  not platted, by metes and bounds).
  • The affidavit of each petition circulator that each petitioner’s signature is valid.
• Annexation Map.  Three (3) paper copies of the annexation map are to be provided with the initial submittal.  The annexation map shall be signed and sealed by the registered land surveyor or engineer preparing the map, or under whose supervision the annexation map was prepared.  The annexation map(s) shall comply with the technical drawing requirements for subdivisions.  In addition, one (1) small format paper copy (not less than 8½" x 11", nor more than 11" x 17") shall be provided.  One  (1) “Annexation Map Land Surveying Standards Checklist” completed by the Surveyor (attach to the “original” application packet) shall also be provided.
• Concept Plan Map.  Three (3) paper copies of the concept plan map are to be provided with the initial submittal.  The concept plan map(s) shall comply with the technical drawing requirements for subdivisions.  In addition, one (1) small format paper copy (not less than 8½" x 11", nor more than 11" x 17") shall be provided.
• Title Commitment.  The applicant shall submit proof of ownership in the form of a current title commitment, issued by a title insurance company licensed by the State of Colorado, whose effective date shall be less than (30) thirty days prior to the date of submittal of the annexation petition.  Ownership must match the ownership listed in the petition.  If the legal description of the area to be annexed as shown on the annexation map does not match the legal description of the property owned, because of road rights-of-way or other reasons, then the title policy must certify that the property owned is wholly contained within the described area on the annexation map.  If the applicant is not the owner, there shall be provided in addition to the title commitment naming the owner as the insured, a notarized affidavit by the owner stating the applicant is authorized by the owner to make application for annexation.  The applicant is to provide a word- processing file of the legal description contained in the title commitment.
• Property Tax Statement.  A copy of the prior year’s property tax statement for all property to be annexed.
• Mailing List and Envelopes for County, Special Districts, Irrigation Ditch Companies, Mineral Interest Owners and Adjacent Property Owners.  The Applicant is to provide a mailing address list and envelopes as required for subdivisions.
• Annexation Impact Report.  A draft annexation impact report conforming to C.R.S § 31-12-108.5 is required for areas of ten (10) or more acres.  Any deviation from the Town of Rangely’s  standard form will require review and approval by the Town Attorney before the annexation impact report is accepted for processing by the Town.  The applicant is to provide a word-processing file of this document.  The applicant is to provide an AutoCAD™ drawing file (release 12 or higher) of the required  “existing conditions” map.  An inaccurate, incomplete or poorly drawn “existing conditions” map shall be rejected.  The impact report shall contain the following information:
  • A map or maps of the municipality and adjacent territory showing the present and proposed boundaries of the municipality in the vicinity of the proposed annexation; the present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and irrigation and drainage ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and the existing and proposed land use pattern in the areas to be annexed;
  • A copy of any draft or final pre-annexation agreement, if available;
  • A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or for the municipality at the time of annexation;
  • A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed (those municipal services supplied by the Town);
  • A statement identifying existing special districts within the area to be annexed; and
  • A statement on the effect of annexation upon local public school district systems including the estimated number of students generated and the capital construction required to educate such students.
• Town Comprehensive Plan Project Summary Worksheet.  A completed Town Comprehensive Plan Project Summary Worksheet.  This standardized worksheet was developed with the Comprehensive Plan.  The applicant is required to provide a narrative response to the series of questions related to the conformance of the project to the goals, policies and strategies identified in the Comprehensive Plan.  The applicant is to provide a word-processing file of the completed worksheet document.
• Water Rights.  The applicant shall provide a “Water Rights Report” for the property prepared by a qualified water engineer or water attorney detailing the water rights appurtenant to and severed from the property to be annexed and their historical use. The report must include both surface (tributary) and subsurface (non-tributary and tributary groundwater).  The applicant shall provide a signed warranty deed(s) for sufficient water rights to provide the domestic needs of property to be developed as a result of the annexation as provided in the LUC.  In addition the applicant shall provide a signed standard form warranty deed for the transfer of all subsurface (non-tributary  See above)) water rights to the Town.
• Zoning of Property to Be Annexed.  If zoning is requested simultaneously with annexation, the petitioner must submit a completed Zoning Application form, provide a Zoning Map for the property, a zoning amendment map amending the official zoning map and pay the application and recording fees.  If zoning is not requested simultaneously with annexation, the property is required by statute to be brought under the LUC within ninety (90) days of the completion of the annexation process.
• Annexation Assessment Report.  The application is to be accompanied by a narrative report assessing the effect of the proposed annexation upon the community and existing services and facilities.  It shall detail the need for any expansion of those services and facilities to accommodate the development proposed for the property being annexed.  The narratives shall be one or more paragraphs in length, and adequate to fully explain the needs, concepts and proposed solutions for each of the following:
  • An assessment of the community needs for the proposed annexation and land use;
  • The economic impact to the municipality of the proposed annexation.  This is to include an analysis of short-term and long-term municipal revenues to be generated by the development, short-term and long-term municipal expenses likely to be incurred as a result of the annexation and development, and proposals to mitigate any negative impacts;
  • The school impact including an estimate of the number of students to be generated by development of the property, capital construction required to educate the students, and proposals to mitigate any negative school impacts;
  • The impact on the existing transportation system and proposals to mitigate any negative transportation impacts upon the community (arterial and collector street improvements, intersection improvements, intersection signalization, alternative modes of transportation, etc.);
  • The impact of the proposed development on the existing storm drainage system and proposals to mitigate any negative drainage impacts upon the community (historic rainfall drainage patterns, detention and retention areas, storm sewer requirements, discharged irrigation ditches, floodways and floodplains, etc.);
  • The impact of the proposed development on the Town of Rangely Police Department and proposals to mitigate any impact upon the existing police services (special security needs, additional officers required, additional equipment requirements, etc.);
  • The impact of the proposed development on the Town of Rangely Fire Department/Protection District and proposals to mitigate any impact upon the existing fire protection services (special fire hazards, fire prevention, fire detection, emergency access, additional equipment requirements, additional manpower requirements, additional fire stations, etc.);
  • The impact of the proposed development on the Town of Rangely park facilities and recreation programs (OPTION: add the name of any parks and recreation district, if applicable) and proposals to mitigate any impact upon the existing facilities and programs (additional facilities, additional recreation programs, additional personnel required, etc.);
  • The impact of the proposed development on the environment of the Town of Rangely and proposals to mitigate any negative impact (identify environmentally sensitive areas, endangered species, significant habitats, etc.);
  • The short-term and long-term economic development potential for the property (numbers of jobs to be created, sales and use tax generation, property tax generation, utility revenue generation, incentives to be offered, etc.);
  • The compatibility of the proposed development with the street master plan as depicted by the Transportation Map contained in the Comprehensive Plan and proposals for mitigating any negative impact;
  • The compatibility of the proposed development with the Comprehensive Plan and any plan amendments that may be necessary for the proposed development;
  • The compatibility of the proposed development with the LUC and any deviations in setbacks, space requirements, and permitted uses that may be required for the proposed development; and
  • A review of existing and adjacent land uses, areas of compatibility or conflict, and possible mitigation measures that may be required for the proposed development.
• Letters of Support.  The application is to be accompanied by letters of support or comments from the following special districts servicing the area to be annexed.
• Insert appropriate names of water, sanitation, fire, etc., districts as applicable.

224.10 Annexation Agreement

A draft Annexation Agreement shall be provided to the applicant by the Town not less than three (3) weeks prior to the annexation public hearing before the Town Council.  This document outlines the responsibilities of the applicant and the Town regarding the provision and extension of streets and utilities, the dedication of water rights and the applicability of Town regulations.  Any changes or additions to the standard form Annexation Agreement proposed by the applicant or the Town shall be addressed in the “supplemental provisions” section of the document.  If a property to be annexed has multiple ownership, all of the owners must sign the Annexation Agreement.  If multiple properties are combined for annexation purposes, but each will be developed separately, separate Annexation Agreements are to be signed by each owner.  The final document is to be signed by the applicant and made available to the Town Clerk not less than two (2) weeks before the date of the public hearing on the annexation.

224.11 Annexation Map Technical Standards

The annexation map shall be prepared by or under the supervision of a registered professional land surveyor licensed with the State of Colorado.  The annexation map shall conform to the following drafting standards and contain the following information.  It shall be a neat, clear, permanent, legible and reproducible document.  Inaccurate, incomplete or poorly drawn maps shall be rejected.

The annexation map shall be an original drawing on 24" x 36" flat, spliceless, tapeless and creaseless sheet(s) of double matte mylar film with a uniform thickness of not less than .003 of an inch, using only permanent black ink that will adhere to drafting films, or an acceptable "fix-line" photographic reproduction (emulsion down), or a computer-generated reproduction of the original drawing.  A margin line shall be drawn completely around each sheet leaving a margin at least one-half (½) inch on three sides and a margin at least two (2) inches on the left (short) side, entirely blank.  Unless otherwise specified, text and numbers are to be large enough to be clearly legible at the scale drawn.

Paper copies of the annexation map(s) shall be blue-line or black-line copies of the original, folded to 12" x 9" size.  The applicant shall also provide paper 11" x 17" and 8½" x 11" reductions of the annexation map(s).

The annexation map shall be drafted at a scale that best conveys the detailed survey, and confines the drafting error to less than one percent (1%).  Acceptable scales are 1"=50' or 1"=100' and for annexations exceeding one hundred (100) acres, 1"=200'.  In special instances, another scale may be approved by the Town.  When an annexation requires multiple sheets, an index shall be provided that delineates the boundaries and identifies each sheet number.  The scale of a composite map may be different from the individual sheets, as approved by the Town.  A “title sheet” containing the certifications and signature blocks shall be provided in the event that the annexation map sheet is too crowded.

The title shall be centered at the top of the sheet along the long dimension of each sheet and shall include the name of the proposed annexation.  A general legal description stating the section, township, range, 6th P.M., Town, County, Colorado, shall be included under the name.  On the title sheet (Sheet #1), under the general legal description, include the total acreage.  Annexation names may not duplicate existing annexation names.

Example:
MESA VIEW ANNEXATION
TO THE TOWN OF RANGELY, COLORADO
A Part of the E1/2 of Section 23, Township _ North,
Range __West, __th P.M.,  Rangely, Colorado
78.05 Acres

There shall be a title block in the lower right-hand corner, or along the right-hand margin that contains the name, address and telephone number of the land owner, the developer, and the engineer or surveyor preparing the drawing, an appropriate title for the drawing, the preparation date, sheet number, the preparer’s project identification numbers, revision dates, draftsman’s initials, and the electronic drawing file name (matching the AutoCAD drawing file provided to the Town).

Adjacent to the title block, in the lower right-hand corner, there shall be a legend block which shall include a description of lines, points and symbols, a double-headed north arrow designated as true north and a written and graphic scale.

Adjacent to the right margin, or in a column to the right of the center of the title page if the page is crowded, there shall be the Town’ standard statement of ownership containing a written metes and bounds legal description of the land to be annexed (including the full width of abutting roadways not already within the Town) followed by the owner’s signature block(s) and notary block(s), one for each owner or mortgagee.

Immediately following the ownership certificate, there shall be the Town’s standard Surveyor’s certificate, signed, dated and sealed by a licensed surveyor or engineer.

Immediately following the Surveyor’s certificate, there shall be the Town’s standard certificate blocks for the Planning Commission and Town Council.

Immediately following the Town Council’s approval certificate, there shall be the Town’s standard recording certificate block for the Rio Blanco County Clerk and Recorder.

A vicinity map that depicts the area to be annexed and the area which surrounds the proposed annexation within a two-mile radius superimposed on a current USGS Topographical Map, maintaining the same scale shall be placed on the left side of annexation map, outside the boundary of the area being annexed, or on the left side of the title sheet.

The annexation map drawing shall:

• Show the outline of area to be annexed with boldest line.
• For all references, show book, page, map number, etc., and place where publicly recorded.
• Show all recorded and apparent rights-of-way lines of roads both within and without the periphery of land to be annexed; these roads are those which are adjacent, adjoining, contiguous, and/or coincident with boundary.  Provide all road names, right-of-way widths at each leg of an intersection, at the point of curve and point of tangent, at dead ends and at angle points; and right-of-way lines with accurate bearings and dimensions including chord lengths and bearings, central angles and radii of all curves.  Whenever the centerline of a road has been established or recorded, the date and recording information shall be shown on the Annexation Map.
• Show on the annexation map, next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town and the contiguous boundary of any other municipality abutting the area proposed to be annexed.  A hatched boundary line shall be used to depict the boundary contiguous to the Town (example: ///////////).
• Show section, quarter section, and other monument corners.  Display ties to section corners and to the State grid, if available, which show dimensions of all primary boundary survey control points with complete monument and location descriptions, all parcel lines showing dimensions with lengths, bearings, and curve data, including chord lengths and bearings, basis of bearings and relation to true meridian and similar data.  Only circular curves shall be used.  No spirals, parabolas, etc. shall be used.  All dimensions are to be shown to the nearest 0.01' or in the case of degrees, to the nearest second.  An accuracy of 1:50,000 (second order) minimum for linear and angular (bearing) closure shall be required for the boundary.  All internal lots, tracts, or parcels shall have a closure accuracy of 0.01'.
• Provide a description of all monuments, both found and set, which mark the boundaries of the property and of all control monuments used in conducting the survey.
• Show the location of each ownership tract in unplatted land, and if part or all of the area is platted, the boundaries and plat numbers of plots or of lots and blocks.
• Show the names and locations of all abutting subdivisions.  The locations of all abutting unplatted parcels and public lands shall be depicted and designated as such.
• The ownership identity of all mineral rights shall be designated on the map.
• Show the purpose, widths, location (with fine dashed lines) and ownership of all easements and all abutting easements, including but not limited to utility, oil and gas gathering and transmission lines and irrigation ditches (fee or prescriptive).  If any easement of record cannot be definitely located, a statement of its existence, the nature thereof and its recorded reference must appear on the title sheet.  The widths of all easements and sufficient data to definitively locate the same with respect to the parcel to be annexed must be shown.  All easements must be clearly labeled and identified.  If an easement shown on the annexation map is of record, its recorded reference must be given.
• All lines, names and descriptions on the annexation map which do not constitute a part of the annexation shall be depicted in dashed or screened lines.  Any area enclosed by the annexation, but not a part thereof, shall be labeled “Not a Part of This Annexation.”
• Accurately locate 100-year floodplains, all existing and proposed watercourses, retention and detention areas, wetlands, aquifer recharge areas, streams, lakes, or inlets on the affected property.
• Show clearly the length and bearing of all lines described in the written description.
• Show section numbers, quarter section quadrants, township and range lines, and label each.
• Show all lines, calls, arcs, etc., described in written description.
• Circle or place an ellipse around each location where a detail drawing will be provided, and provide designation for each detail such as “ See Detail A.”
• Show "Point of Beginning" in bold letters with an arrow.Show "True Point of Beginning" in bold letters with an arrow, where appropriate.
• A map note shall indicate the total perimeter of the annexation boundary, the contiguous length to the existing Town boundary and the length representing one-sixth (1/6) of the total annexation boundary perimeter.
• An “Annexation Map Land Surveying Standards Checklist” completed by the surveyor shall be provided.

A map drawing file of the annexation map(s) and title sheets and all fonts used, shall be provided on acceptable media or via electronic transfer.  Large drawing files may be compressed.  If multiple maps are used, one file must combine all the parts into one map showing the entire annexation.  Drawing files of each revision to the annexation map shall be provided at the time the revision is submitted to the Town.  A word processing file of the legal description shall be provided on acceptable media or electronic transfer.  File extensions, types, compressions, and media’s are to be supplied at the standards provided by Town staff.

224.12 Concept Plan and Map Technical Standards

The concept plan map shall be prepared by or under the supervision of a qualified land planner or architect. The concept plan map shall conform to the drafting standards of the annexation map.  It shall be a neat, clear, permanent, legible and reproducible document.  Inaccurate, incomplete or poorly drawn maps shall be rejected.

Paper copies of the concept plan map(s) shall be blue-line or black-line copies of the original, folded to 12" x 9" size.  The applicant shall also provide paper 11" x 17" and 8½" x 11" reductions of the concept plan map(s).

The concept plan and map drawing shall:

• Show the boundary of the area to be developed;
• Provide a written legal description of the area to be developed;
• Within the concept plan, show the general location of each proposed land use on the property and the percentage of the whole for each use.  General location of land uses may be shown as irregular graphic shapes depicting the approximate size and relationship to adjacent land uses.  A table shall be used to list densities and land use by type, including the area of each, the density of residential development and the maximum and minimum lot sizes, and the maximum square footage of commercial and industrial buildings and the maximum and minimum lot sizes;
• Within the concept plan, show existing and proposed arterial and collector streets and their relationship to the principal land uses on the site;
• Within the concept plan, show existing and proposed major utility lines or facilities and their relationship to the principal land uses on the site;
• Within the concept plan, show contour lines at ten-foot intervals, except when there are significant geographical features on the land and a different interval is determined to be more appropriate; and
• Within the concept plan, show significant natural or manmade features on the site and contiguous to the property, including but not limited to, bluffs, tree galleries, lakes and ponds, irrigation ditches watercourses and wetlands.

A map drawing file of the annexation map(s) and title sheets and all fonts used, shall be provided on acceptable media or via electronic transfer.  Large drawing files may be compressed.  If multiple maps are used, one file must combine all the parts into one map showing the entire annexation.  Drawing files of each revision to the annexation map shall be provided at the time the revision is submitted to the Town.  A word-processing file of the legal description shall be provided on acceptable media or electronic transfer.  File extensions, types, compressions, and medium are to be supplied at the standards provided by Town Staff.

Reserved