17.4.13 Subdivision Regulations | Mountain Village Municipal Code

17.4.13 Subdivision Regulations.

A. Purpose and Intent. The purpose and intent of the Subdivision Regulations is to:

1. Provide for the orderly, integrated and efficient development of the Town;

2. Provide safe, adequate and efficient pedestrian and vehicular traffic systems and circulations;

3. Ensure the provision of adequate and efficient water, sewer and fire fighting infrastructure;

4. Avoid land with geologic hazards, such as flooding, debris flows, soil creep, mud flows, avalanche and rockfall;

5. Encourage the well-planned subdivision of land by establishing standards for the design of a subdivision;

6. Improve land records and survey monuments by establishing standards for surveys and plats;

7. Coordinate the construction of public facilities with the need for public facilities;

8. Provide and ensure the maintenance of open space and parks;

9. Provide procedures so that development encourages the preservation of ridgelines, steep slopes, perennial streams, intermittent streams and wetlands or similar geologic features;

10. Promote the health, safety and general welfare of the residents of the Town;

11. Promote and implement the Comprehensive Plan;

12. Promote more efficient use of land, public facilities and governmental services; and

13. Encourage integrated planning in order to achieve the above purposes.

B. Applicability. The Subdivision Regulations shall apply to the subdivision of all real property within the Town.

C. General Prohibition. It shall be unlawful for any person to develop, lease or sell any real property in the Town unless it has been subdivided in accordance with these regulations and a subdivision plat has been recorded in the records of the San Miguel County Clerk and Recorder pursuant to the Subdivision Regulations.

1. Prohibited Conveyances. No interest in a parcel of land shall be transferred, conveyed, sold, subdivided or acquired for the purpose of creating or extending nonconformity or avoiding or circumventing any provision of the Subdivision Regulations.

2. Prohibited Development. All development, buildings and structures shall be located on an approved subdivision lot, or on a condominium land unit created prior to the effective date of the CDC, or created after such date in accordance with the CDC. The use of rights-of-way or access tracts for intended uses is not prohibited hereunder. The lot lines established in subdivision shall not be altered by conveyance of a part of a lot, nor shall any part of a lot be joined with a part of any other lot, unless such conveyance or joinder is made in accordance with these regulations.

1. Major Subdivisions. Major subdivisions shall be processed as class 4 applications.

a. The Director of Community Development may require, and an applicant may request, a conceptual worksession with the DRB and/or the Town Council on a major subdivision application.

2. Minor Subdivisions. Minor subdivisions shall be processed as class 5 applications.

3. Staff Subdivisions. Staff subdivisions shall be processed as class 1 applications.

1. Major Subdivisions. The following criteria shall be met for the review authority to approve a major subdivision:

a. The proposed subdivision is in general conformance with the goals, policies and provisions of the Comprehensive Plan;

b. The proposed subdivision is consistent with the applicable Zoning and Land Use Regulations and any PUD development agreement regulating development of the property;

c. The proposed density is assigned to the lot by the official land use and density allocation, or the applicant is processing a concurrent rezoning and density transfer;

d. The proposed subdivision is consistent with the applicable Subdivision Regulations;

e. Adequate public facilities and services are available to serve the intended land uses;

f. The applicant has provided evidence to show that all areas of the proposed subdivision that may involve soil or geological conditions that may present hazards or that may require special precautions have been identified, and that the proposed uses are compatible with such conditions;

g. Subdivision access is in compliance with Town standards and codes unless specific variances have been granted in accordance with the variance provisions of this CDC; and

h. The proposed subdivision meets all applicable Town regulations and standards.

2. Minor Subdivisions. The following criteria shall be met for the review authority to approve a lot line vacation, lot line adjustment, easement vacation or similar subdivision:

a. The lots resulting from the adjustment or vacation are in compliance with Town Zoning and Land Use Regulations and Subdivision Regulations;

b. The proposed subdivision is in general conformance with the goals, policies and provisions of the Comprehensive Plan;

c. Subdivision access is in compliance with Town standards and codes unless specific variances have been granted in accordance with the variance provisions of this CDC;

d. Easements are not affected, or have been relocated to the satisfaction of the utility companies and/or the benefited party under the easement or, in the case of vacated easements, the easement is no longer necessary due to changed conditions, and the easement vacation has been consented to by the benefited party under the easement; and

e. The proposed subdivision meets all applicable Town regulations and standards.

3. Staff Subdivision Review of Condominium Map or Townhouse Plat or Amendments. The following criteria shall be met for the review authority to approve a condominium map or townhouse plat, and an amendment to such plats. General conformance with the Comprehensive Plan shall not be required for staff subdivisions.

a. The proposed map or plat is consistent with the current recorded plat for the lot(s);

b. The proposed map or plat is consistent with the final or amended DRB approved plans for the development project;

c. The proposed map or plat is consistent with the Town zoning regulations;

d. If applicable, the condominium or townhouse governing documents have adequate provisions for the maintenance of common area elements, and adequate easements exist for utilities, access, emergency access and drainage; and

e. The proposed subdivision meets all applicable Town regulations and standards.

4. Staff Subdivision Review of Correction Plat. The following criteria shall be met for the review authority to approve a correction plat:

a. The correction plat is necessary to correct technical or clerical errors in the previously approved and recorded final plat; or

b. Such errors include errors in legal descriptions, acknowledgments, dedication language, plat notes and other items, which are the result of scrivener’s error and do not result in a substantive change to the previously approved plat;

c. The correction plat is consistent with prior Town approvals; and

d. The proposed subdivision meets all applicable Town regulations and standards.

5. It shall be the burden of the applicant to demonstrate that submittal material and the proposed subdivision development substantially comply with the subdivision review criteria.

a. Minimum Frontage. Each lot shall provide frontage onto a Town right-of-way, access tract or other public easement. The minimum frontage shall be fifty (50) feet to the extent practical.

i. Village Center lots are exempt from this requirement.

ii. Condominium maps, townhouse plats and amendments to such maps or plats are exempt from this requirement.

b. General Vehicular and Utility Access. Each lot shall have access that is sufficient to afford a reasonable means of ingress and egress for utilities and emergency vehicles as well as for all traffic requiring access to the property and its intended use. Such access shall be provided either by a public or private street or by driveway, as applicable, meeting the requirements of the Town road and driveway standards contained in and the applicable requirements of the Subdivision Regulations.

i. Driveway Allowed. Driveway access is allowed if:

(a) A maximum of three (3), single-family, detached dwelling units by a common driveway, which then connects to either a public or private street;

(b) A development located on one lot that is contiguous with an existing or planned, public or private street;

(c) Easements for common driveways that shall be either platted or provided by an access tract or another legal mechanism approved by the Town; and

(d) Maintenance of the driveway and any associated common improvements, such as parking areas, landscaping and lighting shall be guaranteed by a legal instrument approved by the Town, such as a condominium declaration or other Town approved legal instrument.

ii. Public or Private Street Required. A public or private street meeting the requirements of the CDC shall be provided for all subdivisions that do not meet the criteria in section i above.

c. Minimum Lot Size. Every subdivision shall provide for lot sizes that are in general conformance with either the surrounding lot sizes for related land uses, or the lot sizes envisioned in the Comprehensive Plan. Each lot shall contain sufficient land area to be buildable given the intended use and the requirements of the CDC.

d. Solar Access. To the extent practical, all lots in a subdivision shall be designed to have solar access.

e. General Easement. Each lot shall provide for a sixteen (16) foot, general easement that is consistent with the general easement requirements set forth in the Zoning and Land Use Regulations.

f. Design of Lots. The lengths, widths and shapes of lots shall be designed with the following considerations:

i. Development patterns envisioned in the Comprehensive Plan;

ii. Limitations and opportunities of topography;

iii. Convenient and safe access and circulation, including public, emergency, construction, maintenance and service access;

iv. Provision of adequate building area on each lot that meets the requirements of the Subdivision Regulations and the CDC; and

v. Availability of utility service and utility system design and capacity.

a. Protection of Distinctive Natural Features. To the extent practical, subdivisions shall be designed to protect and preserve distinctive natural features, such as ridgelines, steep slopes, perennial streams, intermittent streams and wetland areas. Such areas shall be left in their natural state and protected by either the use of disturbance envelopes, the establishment of open space lots where development is prohibited or some other protective measures acceptable to the review authority.

b. Designing Subdivisions to Fit the Topography of the Land. To the extent practical, subdivisions shall be designed so that the layout of lots, the placement of building envelopes, the alignment of roads, trails, driveways, walkways and all other subdivision features shall utilize a design philosophy that generally reflects the existing natural topographic contours of the property.

c. Areas Subject to Environmental Hazard. Lots proposed for development and access roads to such development shall avoid areas subject to avalanches, landslides, rockfalls, mudflows, unstable slopes, floodplains or other areas subject to environmental or geologic hazards unless these hazards are mitigated to the satisfaction of the review authority. All mitigation measures shall be designed by a Colorado professional engineer. To the extent identified hazards cannot be mitigated to the satisfaction of the review authority, the subdivision plat shall reflect those areas as nondevelopable.

3. Drainage. Subdivision drainage shall be designed and constructed in accordance with the drainage design standards.

1. Water Supply and Fire Flow. Water supply and fire flow requirements for all buildings in a subdivision shall comply with all requirements of the Fire Code.

2. Hydrants. Fire hydrants shall be provided in accordance with the Fire Code.

3. Fuel Reduction Plans/Forest Management Plans. Fire mitigation and forest management plans to reduce fire hazards and improve forest health may be required by the review authority for subdivisions that include forested or treed areas.

4. Installation of Facilities. When fire protection facilities are required by the Town to be installed by the developer, such facilities, including but not limited to all surface access roads necessary for emergency access, water supply and fire hydrants shall be installed and made serviceable prior to and shall remain serviceable at all times during any construction within the subdivision.

H. Street Improvements. As a condition of approval of any subdivision, the developer shall be required to provide and/or construct the following improvements and any improvements specified in a PUD development agreement:

1. Access Plan Required. As part of any plat submittal, the developer shall include a preliminary road and/or driveway layout (as applicable) and shall identify approximate grades, cuts and fills.

a. The developer shall indicate the intended means of providing access to each lot in the proposed subdivision and prepare engineered access plans for such access consistent with the Subdivision Regulations and the other applicable provisions of this CDC.

b. The extent of the easements or rights-of-way proposed to be acquired shall be sufficient to demonstrate the ability to construct an access road meeting Town road and driveway standards for the proposed subdivision.

2. Construction of New Streets and Bridges Within the Subdivision. The developer shall be responsible for the construction of all new public or private streets or driveways and any new bridges in accordance with the design and construction standards in the Town road and driveway standards.

3. Construction of New Streets and Bridges Outside of the Subdivision. The developer shall be responsible for the construction of streets and any bridges outside the subdivision necessary to establish a connection between the subdivision and the existing street system, with the design and construction standards in accordance with Town road and driveway standards.

4. Upgrading of Existing Intersections. Where existing intersections provide access between the subdivision and the existing intersections have a level of service of D or below, as indicated by a traffic study, due to the added traffic of the new subdivision, the developer may be required by the Town to improve the intersection to achieve a level of service of C or above, as indicated by a traffic study, or to provide a proportional share of funding for such improvements as determined at the time of subdivision review.

5. Pedestrian Connections. The developer shall be responsible for all pedestrian access as required by the Subdivision Regulations, Town road and driveway standards, or the Comprehensive Plan.

6. Drainage Improvements. The developer shall be responsible for the all improvements as required by the drainage design standards, including but not limited to street drainage, required detention or retention; all of which may include, by means of example, culverts, drainage pans, inlets, curbs and gutters, weirs, etc. Required detention or retention systems for drainage from each lot in a subdivision can also be required for each lot in a subdivision with the required Design Review Process as a plat note, if the Town determines that there is sufficient lot area for such systems and the intended development, and if the subdivision improvements are providing proper drainage as required by these regulations.

7. Traffic Control and Safety Devices. The developer shall be responsible for the traffic control devices and crosswalks in conformance with the criteria contained in the Manual of Uniform Traffic Control Devices, including but not limited to signs and signals, street name signs, striping and pedestrian signage.

8. Other Improvements. The developer shall be responsible for any street improvement associated with a proposed subdivision that is not otherwise set forth in this section or, when a PUD, and this CDC or the Comprehensive Plan requires additional improvements in connection with a subdivision, the developer shall comply with those requirements.

9. Maintenance of Improvements. The developer shall be responsible for obligations relative to the maintenance of the improvements required by this section which shall be determined during the subdivision development review process. The developer may be required to provide for private maintenance of the improvements, if the improvements within the right-of-way are not accepted for maintenance by the Town or if the Town requires the maintenance of a street that is intended to serve primarily two (2) or less lots. In the event a developer desires to construct improvements that exceed Town design requirements, the developer may be required by the Town to pay for the maintenance of such improvements.

1. Evidence of Adequate Water and Sewer. The developer shall consult with the Director of Public Works on water and sewer availability prior to submitting a subdivision application. The subdivision application shall include a statement from the Director of Public Works indicating that adequate water and sewer capacity exist to serve the intended uses, and that the developer has consulted with the Public Works Department in the design of the water and sewer system and all proposed connections.

2. Water and Sewer System Design. The proposed water and sewer system shall be designed in accordance with Town Water and Sewer Regulations.

3. Other Utility Systems Design. The developer shall submit a composite utility plan that meets the design requirements of other required utility agencies, including but not limited to Mountain Village Cable, San Miguel Power Association, Source Gas and Century Link or any successors or assigns of such entities.

a. The developer shall submit evidence that provision has been made for facility sites, easements and rights of access for electrical and natural gas utility service sufficient to ensure reliable and adequate electric or, if applicable, natural gas service for any proposed subdivision. Submission of a letter of agreement between the developer and utility serving the site shall be deemed sufficient to establish that adequate provision for electric or, if applicable, natural gas service to a proposed subdivision has been made.

4. Utility Design Standards. All utilities shall be located underground, including but not limited to all utility stub outs, unless located in a pedestal, transformer or other required above-grade utility structure.

a. All above ground utility stub outs shall be located within pedestals that are painted to match the natural or man-made backdrop.

b. The review authority may require that an approved above-ground utility feature be screened or buffered from surrounding area development.

c. All freestanding electric, gas or other meters needed for a common utility shall be appropriately screened or buffered from all public rights-of-way.

5. Required Utility Improvements. As a condition of approval of any subdivision, the developer shall be required to provide the following water, sewage disposal and utility improvements:

a. Water Systems: Construction of water system improvements required to serve the subdivision shall include the following:

i. All water mains within the boundaries of the subdivision;

ii. Water mains necessary to connect the subdivision with any existing water system intended to provide service to the subdivision;

iii. All water system improvements required by Town Water and Sewer Regulations;

iv. Pump stations needed for operation of the water system; and

v. Individual service lines stubbed to each property lot line.

b. Sewer Systems: Construction of sewage disposal system improvements shall include the following:

i. All sewer mains within the boundaries of the subdivision;

ii. Sewer mains necessary to connect the subdivision with any existing sewer system intended to provide service to the subdivision;

iii. Lift stations needed for operation of the disposal system; and

iv. Individual service lines stubbed to each property lot line.

c. Other Utilities: Construction of electric lines, gas lines, cable lines or fiber optics as required by the various utility providers.

1. Dedication of Public and Private Streets, Sidewalks or Trails. All streets, sidewalks and trails located within a subdivision shall be dedicated to the Town as public rights-of-way for access, utilities, snow storage, drainage and related infrastructure uses regardless of whether maintenance is to be public or private. Right-of-way dedications for public and private streets shall conform in width to the requirements of the Town road and driveway standards, including sufficient width to include all drainage improvements, associated cut and fill slopes, intersections, curb returns, snow storage, retaining walls and other road appurtenances.

2. Platting of Easements for Private Accessways. Easements shall be platted for all common and shared driveways, parking areas, alleys or other common accessways. Easements for common accessways shall include, at a minimum, two (2) feet on either side of the required width of the travel surface in addition to the area determined to be necessary for snow storage, any associated cut and fill slopes and any drainage improvements.

a. Public use of private streets, driveways and other common accessways shall be allowed in those instances where there is a commercial or other public facility located on the affected lot.

3. Utility Easements. The developer shall grant easements to the Town and applicable utility providers in such form as shall be required by the Town and the applicable utility provider.

4. Ski-in/Ski-Out Easements. In the case of newly created lots that are adjacent to an existing ski run where ski-in and ski-out access is desired by the developer or envisioned by the Comprehensive Plan, the developer shall secure a ski-in/ski out easement from the current ski resort operator, which easement shall be noted on the plat of the subdivision.

K. Maintenance of Common Areas. The developer shall enter into a covenant running with the development, in a form acceptable to the Town Attorney that shall include provisions guaranteeing the maintenance of common areas and improvements.

1. A developer shall be responsible for the construction of any public facilities or improvements that are necessary for the development requested under this CDC or that are required as a condition of approval of the development application(s). A developer shall also be responsible for submitting a financial guarantee for the construction of such public improvements and facilities in a form and amount satisfactory to the Town. The guarantee shall be contained in an improvements agreement and shall obligate the developer to construct the public improvements and facilities required by the Town according to a specific schedule.

2. The developer shall secure the faithful and diligent performance of its obligations with a pledge of security sufficient to provide a reasonable guarantee of not less than one hundred twenty-five percent (125%) of the current estimated cost of the public improvements and facilities, which estimate shall be approved by the Community Development Department staff.

3. The pledge of security may, at the option of the Town, be in the form of a cash deposit with the Town, an irrevocable letter of credit or other financial guarantee in a form approved by the Town whereby the Town shall have the unconditional and irrevocable right upon default by the developer to withdraw or acquire funds upon demand to partially or fully complete and/or pay for any of the public improvements or facilities. In no case shall the Town be obligated, pursuant to any improvements agreement, to complete any public improvements or facilities due to the developer’s default, if the security should be determined inadequate.

4. The improvements agreement shall contain language by which the developer agrees to repair any existing improvements or facilities damaged during construction and such other items, as the Town deems appropriate.

5. The improvements agreement may provide for the partial release of financial guarantee as improvements agreements line items are 100% completed; provided, that no such partial or final release shall be granted until the improvements guaranteed have been inspected and accepted by the appropriate Town department, as evidenced by a written correspondence confirming completion.

6. The developer shall warrant the quality, workmanship and function of all public improvements and facilities for a period of two (2) years, or until July 1 of the year during which the second winter terminates after acceptance by the Town, whichever is greater.

7. In addition to any other remedies, in the event of default by the developer under the terms of the improvements agreement, no building permit, certificate of completion, certificate of occupancy, or Town approval shall be issued within the development until the default is corrected.

8. The improvements agreement shall be in a form and manner approved by the Town Attorney.

M. Subdivision Naming Requirements. Subdivision names shall comply with the Street Naming and Addressing Standards supplemental document referenced in Section 17.6.6(D).

1. Required elements of a final subdivision plat shall include:

a. A scaled drawing of the boundary of the land parcel;

b. Recorded and apparent, visible rights-of-way;

c. All dimensions necessary to establish the boundaries in the field;

d. A statement by the land surveyor explaining how bearings, if used, were determined;

e. A statement by the land surveyor that the survey was performed by or under the surveyor’s direct responsibility, supervision and review;

f. A description of all monuments, both located and set, which mark the boundaries of the property and a description of all control monuments used in conducting the survey;

g. A block in the lower right-hand corner shall include the following: the preparation date; the names and addresses of the developer and engineer or surveyor who prepared the exhibit; and the number of the sheets and the total number of sheets;

h. A north arrow designated as true north and a written and graphic scale;

i. A vicinity map;

j. Title description or reference thereto at the bottom of the sheet;

k. The exact name of the subdivision at the bottom of the sheet followed by a general legal description stating the aliquot portion of the section, township, range and prime meridian; and the name of the PUD, if the subdivision has a currently effective PUD development agreement;

l. Streets and driveways that enter onto a street shall be named in accordance with the subdivision, road and driveway naming requirements;

m. Sheet size shall be 24” by 36” with a ½” border on all sides;

n. The names of abutting subdivisions or, in the case of abutting unplatted property, the notation “unplatted” shall appear;

o. If the area being subdivided is located within more than one (1) section, sufficient information shall be included on the plat so that the location of the section lines may be established;

p. Lengths of all lines shown on the plat shall be shown to an accuracy of hundredths of a foot, and angles and bearings to one (1) second of an arc;

q. Sufficient data shall be shown for all curved lines on the plat to enable reestablishment of the curves in the field;

r. This curve data shall include the following in tabular form for all circular curves:

i. Radius of curve;

ii. Central angle;

iii. Arc length;

iv. Chord bearing and length; and

v. Notation of nontangent curves.

s. Area of land within the boundary of the subdivision shall be shown on the plat to the nearest one-hundredth (1/100) of an acre;

t. All lands within the boundary of the subdivision shall be accounted for as a lot, tract, parcel, open space, street, right-of-way, alley or excepted parcel, and all areas of such lands shall be shown on the plat to the nearest one-hundredth (1/100) of an acre;

u. The boundary of the proposed subdivision and all lots within the subdivision shall be depicted in a heavy solid line. Excepted parcels within the boundary of the subdivision shall be designated “not included in this subdivision” or “not included in this plat," as appropriate, and boundary information on the plat for such parcels shall be sufficient to locate them in the field; and

v. Plat notes as may be required as conditions of approval or as otherwise recommended by the surveyor or attorney for the developer, subject to Town review and approval.

2. Monument Standards. Permanent monuments shall be set on the external boundary of the subdivision shall be set within 30 days of recording the plat. Block and lot monuments shall be set pursuant to CRS § 38-51-101. All monuments shall be located and described. Information adequate to locate all monuments shall be noted on the plat.

3. Plat Notes and Certifications. The content, form and manner for plat certificates and notes shall be set forth by the Town.

4. Provision of Digital Plat Data. Prior to presenting an approved final plat to the Town for required signatures, the developer shall be required to submit a digital file of the approved final plat to the Town to update and maintain their respective mapping programs. Such a digital file shall be in a digital format acceptable to the Town.

5. Provision of Digital Copy Final Recorded Legal Instruments. It shall be the responsibility of the developer to provide a digital copy of the final executed and recorded legal instruments affecting a proposed development, such as any plats, development agreement, easements or improvements agreements.

O. Ad Valorem Taxes. A subdivision shall provide a certification from the San Miguel County Treasurer that all ad valorem taxes which are not delinquent and are currently due and payable, applicable to the proposed subdivision, have been paid and there are no delinquent ad valorem taxes applicable to the proposed subdivision. (Ord. No. 2024-01 §2; Ord. No. 2023-15 §3).