Sec. 7-4-1    Authority
Sec. 7-4-2    Applicability of regulations
Sec. 7-4-3    Procedure
Sec. 7-4-4    Plats and data
Sec. 7-4-5    Design standards
Sec. 7-4-6    Required improvements
Sec. 7-4-7    Dedication and reservation of land
Sec. 7-4-8    Variances and modifications
Sec. 7-4-9    Definitions
Sec. 7-4-10    Penalty.  (Repealed)
Sec. 7-4-11    Interpretation

(a)    The following regulations have been prepared and enacted in accordance with Title 31, Article 23 of the Colorado Revised Statutes, 1973, as amended, for the purpose of promoting the health, safety and general welfare of the present and future inhabitants of the Town.
(b)    To these ends, such regulations are intended to assure efficient circulation, adequate improvements, sufficient open space and basic order in subdivision design by providing for the proper arrangements of streets in relation to other existing or planned streets; for adequate and convenient open spaces for traffic circulation, utilities, emergency access, recreation and light and air, for the avoidance of population congestion, and for the establishment of standards for the design and construction of improvements herein required.  (Ord. 333, 1977)

(a)    Control.  These regulations shall be held to be minimum requirements and shall apply to those subdivisions of land where streets are constructed to give access to newly created lots.  Any and all such subdivisions shall be submitted in the form of plats or plans to the Planning Commission and Town Board for their approval or disapproval.  The dedication to public use of any street, utility system or site shall also be governed by these regulations.  No final plat on a subdivision shall be approved and accepted by the Town Board unless it conforms to the provisions of this ordinance.
(b)    Jurisdiction.  The territory within which these regulations are applicable shall include all land located within the legal boundaries of the Town, and all land located within three (3) miles of the corporate limits of the Town and not located in any other municipality for purposes of control with reference to the plan for major streets only.
(c)    Fees.  There shall be required a fee for each plat submitted for approval.  The following fees shall be paid prior to the submission of such plats to the Planning Commission:

(1)    Preliminary plats - 0 per plat
(2)    Final plat - Actual cost incurred by the Town, which shall be recovered prior to signing of final plat.
(3)    All construction supervision fees shall be paid by the subdivider.
(4)    The fee required by the County Recorder to record the final plat shall be paid by the subdivider.  (Ord. 333, 1977)

(a)    Preapplication procedure.

(1)    Prior to the filing of application for approval of a preliminary plat, the subdivider may, at his or her option, submit to the Planning Commission an outline development plan as specified in Section 7-4-4(a).  This procedure shall not require formal application, fee or filing of plat with the Planning Commission.
(2)    The Planning Commission shall review the outline development plan to determine its general acceptability and compliance with the objectives and standards of these regulations, and shall hold a conference with the subdivider to discuss desirable modifications of the plan.

(b)    Conditional approval of preliminary plat.

(1)    Upon formal application, the subdivider shall submit to the Planning Commission ten (10) copies of a preliminary plat, together with supplementary material as specified in Section 7-4-4(b).  The preliminary plat shall be submitted together with a written application for conditional approval at least twenty (20) days prior to the Planning Commission meeting at which it is to be considered.
(2)    Upon receipt of the preliminary plat, the Planning Commission shall transmit copies to public agencies having jurisdiction and utility companies, which shall examine the plan and report their recommendations thereon to the Planning Commission.
(3)    The Planning Commission shall review the preliminary plat for compliance with these regulations and negotiate with the subdivider on the type and extent of improvements to be installed and on modifications deemed advisable.
(4)    Within forty-five (45) days following submittal, the Planning Commission shall inform the subdivider of its approval or disapproval, stating the conditions of approval, if any, or if disapproved, stating the reasons therefor.  Any conditions must be met before submittal of a final plat.
(5)    Conditional approval of the preliminary plat shall be deemed a tentative expression or approval of the general layout as submitted or modified, pending approval of the final plat.

(c)    Approval of final plat.

(1)    A final plat, containing the information specified in Section 7-4-4(c), shall be submitted to the Planning Commission within twelve (12) months after approval of the preliminary plat; otherwise such approval shall become null and void unless an extension of time is applied for and granted by the Planning Commission.
(2)    The final plat as submitted shall conform substantially with the preliminary plat as approved, and may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time.  In the case of partial submission, the approval of the remaining portion of the preliminary plat shall automatically gain an extension of twelve (12) months before another phase of the plat must be submitted in final form.
(3)    Following review, the Planning Commission shall act to approve or disapprove the final plat, and send its recommendations to the Town Board for its approval or disapproval of the final plat.  If the plat is disapproved, the reasons therefor shall be stated in writing and a copy furnished to the subdivider.  Upon approval and recording of the final plat, with the County Clerk and Recorder, the appropriate municipal agencies shall issue building permits for structures within the subdivision.  (Ord. 333, 1977)

(a)    Outline development plan and data.  The outline development plan and data shall contain the following information presented in generalized and schematic form:

(1)    Location map.  The location map shall be prepared on a published sheet map or zoning map and shall indicate clearly the relationship of the proposed subdivision to the surrounding area within one-quarter (¼) mile of the subdivision's boundaries.  The map shall show existing development, including major streets, existing public sewers, public water supply and storm drainage systems; major land use concentration; principal places of employment; and community facilities such as schools and parks.  The location map shall include a title, scale, north arrow and date (scale not less than 1" = 600').
(2)    Sketch plan.  The sketch plan may be a freehand drawing at suitable scale (not less than 1" = 200') in a legible medium and shall clearly show the following:  the proposed layout of streets and lots in relation to topographic conditions and natural landscape features on the site; the proposed location and extent of major open spaces and public sites; general locations of utilities easements and installations; proposed land uses; and, if construction of buildings is proposed, indication of building types, with approximate location of major buildings exclusive of single-family residential dwellings.
(3)    General development information.  This information shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required in Subsections (1) and (2) above, and shall include information on existing covenants and land characteristics, and information describing the development proposal, such as number of residential lots or dwelling units, typical lot width and depth, price ranges of lots and dwelling units, proposed protective covenants and proposed utilities and street improvements.

(b)    Preliminary plats and data.  Preliminary plats and data shall include the following information:

(1)    Topographic data.  The topographic survey shall be required as basis for the preliminary plat.  Such survey shall be prepared by a land surveyor, engineer or land planner.  As an alternative, the topographic data may be compiled by photogrammetric methods.  The survey shall include existing conditions on and adjacent to the tract as follows, except when otherwise specified by the Planning Commission (at a scale of not less than 1" = 100').

a.    Ground elevations on the tract, based on the United States Geological Survey datum plane or an approved datum plane by the Planning Commission.

1.    Contours at two-foot intervals.

b.    Outer boundary lines (approximate).

c.    Easements: location, width and purpose.
d    Streets on and adjacent to the tract:  name, right-of-way width and location; type, width and elevation of surfacing; curbs and gutters, sidewalks, culverts.
e.    Utilities on and adjacent to the tract:  location, size and invert elevations of sanitary sewers; for storm drainage facilities not on or adjacent to the tract, indicate the direction and distance to, size and invert elevation or nearest extensions of such utilities.
f.    Subsurface conditions on the tract:  location and results of tests made to ascertain subsurface soil, rock and groundwater conditions.
g.    Other conditions on the tract:  water courses, marshes, rock outcroppings, groves of trees, isolated trees six (6) inches or more in diameter, existing buildings and other significant features.
h.    Other conditions on immediately adjacent land:  approximate direction and gradient of ground slope, including any embankments; character and location of buildings, railroads, power lines, towers and other nearby land uses or adverse influences; and owners of adjacent unplatted land (for adjacent platted land refer to subdivision plat by name, recordation date and number).
i.    Zoning on and adjacent to the tract.
j.    Location map or vicinity sketch.
k.    Name of proposed subdivision; legal description; names and addresses of owners, subdividers, designers and engineers; date; scale; north arrow; and acreage within tract.

(2)    Preliminary plat.  The preliminary plat may be drawn with scaled dimensions and need not be an engineering drawing with calculations or dimensions and survey closures.  The preliminary plat shall be prepared at a scale of not less than 1" = 100', and shall show all existing conditions required in Subsection 7-4-4(a) "Outline development plan and data"; topographic data; and all development proposals including the following:

a.    Location and dimensions of all existing highways, streets, alleys, utility easements, drainage areas, irrigation ditches and laterals and all other significant features.
b.    Street and alleys:  Dimensions and location of right-of-way and pavement widths, approximate grades and gradients, centerline radii of all curves.
c.    Location, dimensions and purpose of all other proposed easements and rights-of-way to be reserved or dedicated for public use.
d.    Location and size of existing utilities within and adjacent to the subdivision, including water, sewer, electricity, gas and telephone.
e.    Proposed utility system, including water, sewer, electricity, gas, telephone and any other services that shall supply the subdivision.
f.    Lot lines, lot numbers and block numbers.
g.    Location and acreage of sites, if any, to be dedicated for parks, playgrounds or other public uses.
h.    Location and acreage of sites, if any, for multi-family dwellings, shopping centers, community facilities, industry or other use exclusive of single-family dwellings.
i.    Site data, including number of residential lots, and typical lot size.
j.    Name of proposed subdivision, names and addresses of owners, subdividers, designers and engineers, date, scale, north arrow and certificates.

(3)    Draft of proposed covenants, whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.
(4)    Such additional information as may be required by the Planning Commission in order to determine that the subdivision is capable of being constructed without an adverse effect on the surrounding area.
(5)    Application for rezoning, if required for the development of the subdivision.

(c)    Final plat and data.  The final plat and supplementary data shall contain the following information:

(1)    Final plat.  The final plat shall be an engineering drawing prepared to normal engineering tolerances of accuracy with calculated rather than scale dimensions.  The exterior lines of the final plat shall join or close.  The plat shall be drawn in permanent ink on a reproducible linen or Mylar with outer dimensions of twenty-four (24) inches by thirty-six (36) inches and shall be at a scale of not less than l" = 100'.  The final plat may constitute the entire approved preliminary plat or any logical portion of the approved preliminary plat proposed for immediate recording.  The final plat shall conform to the approved preliminary plat and shall include all changes and additions as required by the Planning Commission and shall show the following:

a.    Primary control points, or descriptions, and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred.
b.    Tract boundary lines, right-of-way lines of streets, easements and other right-of-way and property lines of residential lots and other sites; with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.  All dimensions, both linear and angular, shall be determined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000).  No final plat showing plus or minus dimensions will be approved.
c.    Total acreage and surveyed description of the subdivision.
d.    Name and right-of-way width of each street or other right-of-way.
e.    Location, dimensions and purpose of any easements.
f.    Numbers to identify each block, lot and/or site.
g.    Purpose for which sites, other than residential lots, are dedicated or reserved.
h.    Location and description of all monuments both found and set.
i.    Names of record owners of adjoining unplatted land.
j.    Reference to recorded subdivision plats or adjoining platted land by record name, date and number.
k.    Signature and seal of the registered land surveyor certifying to the accuracy of survey and plat, including a statement explaining how bearings, if used, were determined.
l.    Signature block for certification of approval by the Planning Commission and Town Board, with signatures by the Chairman of the Planning Commission and the Mayor.
m.    Certification of title showing that the applicant is the land owner.
n.    Statement by the subdivider dedicating streets, right-of-way, easements and public sites.
o.    Title under which the subdivision is to be recorded.

(2)    Other documents required at the time of submission of the final plat shall be:

a.    Complete engineering plans and specifications for all public facilities to be installed, including water and sewer utilities, streets and related improvements, bridges and storm drainage.
b.    Agreements made with ditch companies when needed.
c.    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 natural gas service, cable television or any other utility or similar service for any proposed subdivision.  Submission of a letter of agreement or contract for service between the subdivider 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.
d.    A consumer full disclosure statement which shall include:

1.    Name and address of each person having an interest in the subdivision or development and the extent of such interest.
2.    A statement of the condition of the title to the land comprising the subdivision or development, including all encumbrances, deed restrictions and covenants applicable thereto.
3.    A statement of the general terms and conditions, including the range of selling prices or rents at which it is proposed to dispose of lots, dwellings or structures.
4.    In the case of a subdivision, development or portion thereof against which there exists a blanket encumbrance, a statement of the consequences for an individual purchaser of a failure, by the person or persons bound, to fulfill obligations under the instrument or instruments creating such encumbrances and the steps, if any, taken to protect the purchaser in such eventuality.
5.    Copies of all forms of conveyance to be used in selling or leasing lots, dwellings or structures.
6.    Such certified and uncertified financial statements of the developer as the Planning Commission and Town Board may require, and such other information, documents and certifications as the Planning Commission and Town Board may require as being reasonably necessary or appropriate for the protection of consumers.

After acceptance of the final plat by the Town, the subdivider shall give and explain a copy of the consumer full disclosure statement to every consumer at least forty-eight (48) hours prior to the signing of any agreement or contract concerning property in the subdivision.  Failure to so use the consumer full disclosure statement shall result in revocation of final plat approval; and, additionally, such agreement or contract shall be voidable at the option of the consumer within the period allowed by the statute of limitations of the State if based on fraudulent representation, material omission, less than forty-eight (48) hours disclosure, or failure to give and explain.
e.    A performance bond drawn and posted in favor of the Town, which bond shall be of sufficient amount to assure completion of all required improvements.
f.    Protective covenants in form for recording.
g.    Such other certificates, affidavits, endorsements or deductions as may be required by the Planning Commission or Town Board in the enforcement of these regulations.  (Ord. 333, 1977; Ord. 483 §1, 2000)

(a)    General site considerations.

(1)    A proposed subdivision shall be in general compliance with respect to adequate dedication and/or reservation of major street rights-of-way, major utility easements and open spaces for schools and recreation areas.
(2)    A proposed subdivision shall not, by reason of its location or design, cast an undue burden on public utility systems and community facilities on or adjacent to the tract.  Where extension and enlargement of public utility systems and community facilities is necessary, the subdivider shall make provision to offset higher net public cost or earlier incursion of public cost necessitated by the subdivision.  Due consideration shall be given to the difference between anticipated public costs of installation, operation and maintenance and anticipated public revenue derived from the fully developed subdivision in determining added new public cost.
(3)    No land shall be subdivided in areas where soil, subsoil or flooding conditions are potential danger to health and safety.
(4)    Drainage areas wherever possible shall be left in a natural state, and no encroachment shall be made on the natural channel.  A plan to prevent waste or pollution shall be submitted and adhered to wherever any modification of topography is required during construction within one hundred (100) feet of any stream, ditch or drainage channel.
(5)    Provision shall be made to preserve groves of trees, streams, unusually attractive topography and other desirable natural landscape features.  Provision shall be made for the perpetual maintenance of such features through private covenants or other means acceptable to the Planning Commission and Town Board.
(6)    A proposed subdivision shall be designed in such manner as to be coordinated with adjoining subdivisions with respect to the alignment of street rights-of-way, utility and drainage easements and open spaces.
(7)    Where a subdivision borders a railroad right-of-way, freeway, arterial or collector street, a landscaped buffer area shall be provided for adequate reduction of noise.

(b)    Streets.

(1)    Arrangement of streets.

a.    The arrangement, extent, width, type and location of all streets shall be designed in relation to existing or planned streets, to topographic conditions, to public convenience and safety and in relation to the proposed use of land to be served.
b.    Local streets shall be arranged so that their use by through traffic will be discouraged.
c.    Major arterial streets shall not be intersected by local streets.  Collector streets shall not intersect major arterial streets at intervals of less than one thousand three hundred twenty (1,320) feet.
d.    Streets shall be extended to the boundaries of the property, except where such extension is prevented by topography or other physical conditions; or where the connection of streets with existing or probable future streets is deemed unnecessary for the advantageous development of adjacent properties.
e.    Where future extension of a street is anticipated, a temporary turnaround having a minimum outside diameter of eighty (80) feet shall be provided.

(2)    Closed-end streets.

a.    The maximum allowable length of closed-end streets in single-family residential and multi-family residential developments shall be six hundred (600) feet.
b.    Closed-end streets shall be provided with circular turnarounds having a minimum outside right-of-way diameter of one hundred twenty (120) feet, and a minimum pavement diameter of ninety (90) feet in order to permit free movement of emergency vehicles.

(3)    Intersections.

a.    Streets shall intersect as nearly as possible at right angles.  Intersecting street center lines shall be within twenty (20) degrees of the perpendicular for a distance extending at least one hundred (100) feet in each direction from a street intersection.
b.    Right-angle street intersections shall be rounded with a minimum radius of twelve (12) feet at the intersection of local streets with collector streets and a minimum radius of thirty (30) feet at the intersection of collector streets with arterials.
c.    If an intersection occurs at an angle other than a right angle, it shall be rounded with a curve of a radius acceptable to the Planning Commission.

(4)    Half streets.

a.    The dedication of a half-street shall not be accepted unless:

1.    The subdivider obtains for the Town a dedication from the abutting landowner of the other one-half (½) of the street;
2.    The subdivider obtains from said abutting landowner an agreement in a form satisfactory to the Town which guarantees the cost of the improvements and construction of the same on the half street within a time suitable to the Town; and
3.    The subdivider guarantees the construction of the improvements on the half street which he or she is dedicating.

(5)    Perimeter streets.  When the plat dedicates a street which ends on the plat or is on the perimeter of the plat, the subdivider shall convey the last foot of the street on the terminal end or outside border of the plat to the Town as fee simple, and such shall be designated as "outlot(s)"; the Town shall put the same to public use for public road and access purposes when, within its sole and absolute discretion, it deems advisable.
(6)    Right-of-way, pavement and sidewalk widths.  Minimum widths in feet, by street type:

 

(7)    Horizontal alignment.

a.    Where street centerlines deflect from each other at any point by more than fifteen (15) degrees, they shall be connected by horizontal curves having minimum radii as follows:

 

b.    A tangent not less than one hundred (100) feet long shall be provided between reverse curves on collector and arterial streets.
c.    Cross streets which cannot be directly aligned at intersections shall be separated by a horizontal offset of not less than one hundred twenty-five (125) feet between centerlines, provided that this requirement shall not apply to the alignment of short, opposing closed-end streets.

(8)    Vertical alignment.

a.    No vertical grade shall be less than 0.2% in order to facilitate adequate drainage.
b.    Maximum percent of street grade, except as provided below:

 

*    Where a horizontal curve occurs on a grade of over 5%, the maximum allowable percent of grade on the curve shall be reduced by 0.5% of each 50 feet that the curve radius is less than 400 feet.
*    Street grades shall not exceed 4.0% for a distance extending at least 40 feet in each direction from a street intersection.

(9)    Street names.  Names of new streets shall not duplicate names of existing streets, provided that new streets which are extensions of, or which are in alignment with, existing streets shall bear the names of such streets.

(c)    Utilities easements.

(1)    Subdivisions shall be platted with utility easements of a minimum width of sixteen (16) feet, eight (8) of which shall be on each side of common rear lot lines where said lines abut.  On perimeter of rear lots, easement width shall be a minimum of ten (10) feet.  Side lot easements where necessary for street light runs, etc., shall be a minimum of five (5) feet in width.  Said easements shall be graded to within six (6) inches of final grade before utility facilities are installed.
(2)    Where a subdivision is traversed by a watercourse, drainage way or stream, there shall be provided a perpetual drainage easement conforming substantially with the lines of such watercourse, and of such width as necessary and adequate to carry off the predictable volume of storm water drainage from a five-year frequency storm.
(3)    In general, utility systems shall be arranged and located in such manner as to avoid cross-connections, minimize trenching and adequately separate incompatible systems.

(d)    Blocks.

(1)    The lengths, widths and shapes of blocks shall be determined with due regard to the following:

a.    Provision of adequate building sites suitable to the special needs of the type of use contemplated.
b.    Requirements of the zoning ordinance as to lot sizes and dimensions.
c.    Needs for convenient access and control and safety of vehicular and pedestrian traffic circulation.
d.    Limitations and opportunities of topography.

(2)    Maximum block length between intersecting streets shall be one thousand five hundred (1,500) feet.

(e)    Lots.

(1)    Lot size, width, depth, shape and orientation and minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated, and shall facilitate the placement of buildings with sufficient access, outdoor space, privacy and view.
(2)    Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street parking, landscaping and loading areas required by the type of use and development contemplated.
(3)    Corner lots for residential use shall have extra width to accommodate the required building setback line on both street frontages.
(4)    Each lot shall be provided with satisfactory access to an existing public street.
(5)    Double frontage and reverse frontage lots shall not be permitted except where essential to provide separation of residential properties from arterial streets or commercial uses, or to overcome specific disadvantages of topography and orientation.
(6)    A planting screen easement, across which there shall be no right of access, shall be provided along the property line of lots abutting an arterial street.  A statement dissolving right of access from individual lots to the arterial street shall be included with the final plat.
(7)    Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.  (Ord. 333, 1977)

(a)    General regulations.

(1)    The subdivider or developer shall enter into an agreement with the Town to guarantee construction of all required improvements, including streets, curbs and gutters, driveways, sidewalks, storm drainage system, sanitary sewerage, potable water system, street lights and street trees.
(2)    Under such agreement the subdivider shall post a performance bond or certified check, which bond or check shall be drawn in favor of the Town of Eaton in an amount equal to the estimated cost of construction of improvements.  Cost estimates for construction of improvements shall be made by the Town Engineer.
(3)    The performance bond or certified check posted by the subdivider or developer shall not be released until final construction of improvements has been completed, inspected at the subdivider's expense, and approved and accepted by the Town.
(4)    The improvements required by the following subsections shall be provided in each subdivision or development proposed and to the extent determined by the Planning Commission and Town Board.  Required improvements shall be designed in accordance with the detailed design standards and specifications deemed necessary by the Town, and shall be constructed in accordance with the approved plans and profiles and the construction requirements and specifications of the Town.
(5)    No improvements shall be made until all plans, profiles and specifications have been reviewed and approved by the Town.
(6)    No improvements shall be accepted by the Town until "as-built" plans have been submitted to the Town.  "As-built" plans shall show all utility locations.

(b)    Street improvements.  Standards for street improvements will, from time to time, be set, modified or repealed by resolution by the Town Board and shall comply at a minimum with the following:

(1)    Grading.  Street right-of-way shall be graded as necessary to provide adequate surface drainage and convenient access to lots or sites.
(2)    Pavement base.  The pavement base shall be properly drained and constructed of suitable materials so as to support the contemplated traffic load.
(3)    Pavement.  Pavement shall be constructed of asphalt or concrete of sufficient thickness to support the contemplated traffic load.  Streets shall be paved to the widths required under Paragraph 7-4-5 (b)(6).
(4)    Alleys.  If alleys are provided, they shall be paved.
(5)    Curbs and gutters.  All streets shall be provided with concrete curbs and gutters for the pavement edging.  Such curbs and gutters shall be designed as an integral part of the pavements.
(6)    Driveways and accessways.  Where appropriate to the type of development proposed, driveways or accessways shall be provided for vehicular access to each structure or parking or loading area.  Driveways and accessways provided shall be of adequate width and constructed with suitable subgrade, base, drainage and surfacing to be durable under the use contemplated.
(7)    Sidewalks and walkways.  Sidewalks and walkways shall be provided where necessary or appropriate for the safety and convenience of pedestrians.  Width of sidewalks shall be as specified in Paragraph 7-4-5(b)(6).  Sidewalks and walkways shall be durably constructed, with all-weather surfacing, and shall be adequately lighted and maintained for the use contemplated.
(8)    Street name signs.  Easily legible street name signs shall be installed at street intersections or as necessary for convenient identification of streets.

(c)    Utilities improvements.

(1)    Storm drainage system.

a.    Storm drainage shall not be permitted to empty into any sanitary sewerage system.
b.    Onsite retention of all storm drainage will be required.
c.    A final drainage report will be required which is to be prepared by an engineer knowledgeable in the field of hydrology and licensed to practice within the State of Colorado.  This report shall be complete in nature and shall reveal a design which basically follows the guidelines as set forth below:

1.    All property intended for residential use shall be designed for two- and one-hundred-year storm return periods.  (Streets shall carry a two-year storm without overtopping the curb and gutter, and all permanent improvements shall be protected from inundation due to a one-hundred-year storm.)
2.    All property intended for commercial, business or industrial use shall be designed for five- and one-hundred-year storm return periods.  (Streets shall carry a one-year storm without overtopping the curb and gutter and all permanent improvements shall be protected from inundation due to a one-hundred-year storm.)
3.    The drainage report shall show and include the following:

a)    Calculated flow quantities at each intersection for the minor storm;
b)    Flow quantities entering and leaving property, along with final disposition of these quantities;
c)    All drainage basins and sub-basins contributing to flows through the property with design acreages noted; inundation line for a one-hundred-year storm;
d)    All design data with all calculations; plan, profile and design sheets for any other drainage facilities required by the Town Engineer and Town Board.

d.    Where reasonable, storm retention sites shall be constructed and landscaped to have aesthetic and/or recreational value.  Plans for drainage sites shall be subject to approval by the Planning Commission.

(2)    Sanitary sewerage system.  The sanitary sewerage system shall be connected to an existing public sanitary sewer system and shall consist of a closed system of sanitary sewer mains and lateral branch connections to each structure or lot upon which a structure is to be built.  The sanitary sewerage system shall be of sufficient size and design to collect all sewage from all proposed or probable structures within the subdivision or development.
(3)    Potable water system.  The potable water system provided shall connect to an existing public water system and shall consist of water mains directly connected to using structures by means of lateral branches.  The water system shall be of sufficient size and design to supply potable water to each structure or lot upon which a structure is to be built.
(4)    Fire hydrants.  Fire hydrants shall be installed at street intersections and at other points as necessary to assure that no building is located more than five hundred (500) feet from the nearest fire hydrants.
(5)    Underground electric power and telephone distribution systems.

a.    Electric power and telephone connections and wire shall be placed below the surface of the ground in raceways and conduits.  Transformers, switching bases, terminal boxes, meters cabinets, pedestal ducts and other facilities necessarily appurtenant to such underground connections shall not be located on power poles, but shall be placed on or under the surface of the ground, and where placed on the surface shall be adequately screened and fenced as necessary for safety and concealment.
b.    Electrical transmission and distribution feeder lines and communication trunk and feeder lines may be placed above ground.

(6)    Street lights.  Ornamental street lighting and associated underground street lighting supply circuits shall be installed.  The minimum requirement shall be seven thousand (7,000) lumen lamps at a maximum spacing of four hundred (400) feet.  The street lighting plan specifying the number, kind, and approximate location of street lights must be included on the final plat.

(d)    Reference monuments.  Permanent reference monuments of stone or concrete, at least thirty-six (36) inches in length and six (6) inches square or round with suitable center point, shall be located and placed within the subdivision or development as required by the Town Board.  Iron pin monuments at least twenty-four (24) inches long and flush with the surface shall be placed at all points on boundary lines where there is a change in direction, at all block and lot corners, and at other points as required by the Town Board.
(e)    Maintenance of required improvements.  Adequate provisions for the satisfactory maintenance of streets and utilities improvements, including easements, shall be made by dedication of such improvements to the Town of Eaton.  Prior to acceptance by the Town, the improvements to be dedicated shall be inspected and approved by the Town Board.
(f)    Recommended improvements prior to issuance of building permits.

(1)    The following improvements shall be installed by the developer and approved by the Town prior to the issuance of a building permit.

a.    Survey monuments.  As required by the Town Engineer.
b.    Sanitary sewers.  The subdivider shall provide adequate lines and stubs to each lot.
c.    Water mains.  The subdivider shall provide adequate mains and stubs to each lot.
d.    Fire protection.  Hydrants shall be required according to Town and Fire Protection District guidelines.
e.    Storm drainage.  The subdivider shall provide storm sewers, culverts and bridges where required.
f.    Streets and alleys.  Streets and alleys shall be graded and base construction completed.

(g)    Required improvements prior to final approval under Uniform Building Code.

(1)    Sidewalks.  As required by Town specification.
(2)    Street signs.  As required by Town specifications.
(3)    Utilities (telephone, electric service and gas lines).  No curb, gutter or sidewalk shall be installed until all utilities are installed.
(4)    Streets and alleys.  In cases where a previously existing street which has not been brought up to Town specifications is located within the subdivision, such street shall be paved with curb and gutter installed in order to meet Town specifications.
(5)    Other.  All other improvements or dedications required as a condition of approval of the plat shall be completed and dedicated.

(h)    Homeowners' association required to maintain improvements.

(1)    Should a homeowners' association be created by a property owner or developer with the responsibility of maintaining certain improvements, then in that event, such responsibility for maintaining improvements by the homeowners' association shall be mandatory under this Code.  In the event that the homeowners' association fails to properly maintain such improvements (common elements), including but not limited to landscape, street, sidewalks, fences, irrigation systems, walkways, bike trails, open space or other improvements as the case may be, then after serving the homeowners' association with a demand letter for compliance at least ten (10) days prior to taking action, the Town may provide the appropriate maintenance to such improvement and charge back the homeowners' association for its costs, including a five-percent fee for inspection and other administrative costs.
(2)    The Town Clerk, after the work has been performed by the Town, shall forward a statement to the homeowners' association to include all costs of the Town, including the five-percent fee, with a demand that such statement be paid within thirty (30) days of mailing by first class mail, postage prepaid.
(3)    Failure to pay such assessment within such period of thirty (30) days shall cause such assessment to become a lien to be applied pro rata against the individual properties of the particular subdivision within the defaulting homeowners' association and shall have priority over all other liens except general property taxes and prior assessments, and the same may be certified at any time after such failure to pay the statement within said thirty (30) days by the Town Clerk to the County Treasurer, to be placed upon the tax list for the current year to be collected in the same manner as other taxes are collected with a ten-percent penalty to defray the cost of collection.  The Town may also use any other remedy by law for collection of a debt.
(4)    The homeowners' association shall be required to submit the name and telephone number of the chairman, president or other contact person to the Town Board within thirty (30) days of the effective date of the ordinance codified herein and on an annual basis as soon thereafter as each annual meeting of the homeowners' association occurs.  A property owner requesting a building permit must, in those circumstances where a subdivision or PUD has an architectural control committee, submit a certification that such architectural control committee has reviewed and approved the property owner's proposal.  Such review by the architectural control committee shall be limited to design, materials, color, etc.  Construction standards under the Uniform Building Code will remain the responsibility of the Town's Building Inspector.  (Ord. 333, 1977; Ord. 485 §2, 2001)

(a)    Dedication.

(1)    Dedication of land, free of all liens and encumbrances, for park and recreation areas, shall be required in each new subdivision or other designation of the Town.  The subdivider shall allocate and convey no less than seven percent (7%) of the gross land area, exclusive of street, alleys and utility easements, of the proposed subdivision for such public purposes.  Specific sites to be dedicated for parks shall be subject to approval by the Planning Commission and Town Board upon consultation with appropriate public agencies having jurisdiction.  At the option of the Town, the subdivider shall in lieu of such conveyance of land pay to the Town in cash an amount equal to the value of seven percent (7%) of the gross land area before subdivision.  The equivalent cash valuation, when acceptable, shall be based upon an appraisal by a competent, independent appraiser selected by the Town and the subdivider.  The proceeds of any equivalent cash payment shall be placed in a separate Town account and shall be used only for the acquisition and improvement of land for public park and recreation areas.
(2)    Dedication of land within a subdivision shall be required where easements for storm drainage, sewerage or other public utilities are necessary to permit agencies and utility companies to maintain utilities and render services to the subdivision.

(b)    Reservation.

(1)    Reservation by covenant, in lieu of dedication, may be permitted in some cases such as planned unit development where land is to be used for recreational or amenity purposes by the property owners.
(2)    Reservation of land within a subdivision may be required for the duration of the preliminary plat approval in order to afford the appropriate public agency the opportunity to coordinate its acquisition of public land with the development of the subdivision.  An agreement shall be entered into between the subdivider and the public agency regarding the timing and method of acquisition.
(c)    Dedication of land or payment in lieu thereof for school purposes shall be required for each new subdivision or land development within the Town.  The subdivider or developer shall be required to allocate land or make payments in lieu thereof, for the appropriate value in accordance with an agreement entered into between Weld County School District RE-2 and the Town, such payment to be pursuant to the current methodology as indicated in such intergovernmental agreement.  (Ord. 333, 1977; Ord. 473 §1, 1998)

(a)    Procedure.  Application for variances or modifications of these regulations shall be submitted to the Planning Commission.  Such application shall include a statement setting forth the nature and extent of the requested variance or modification, together with evidence supporting need for such variance.
(b)    Criteria for grant of variances or modifications.

(1)    Hardship.  Where the Planning Commission and the Town Board find that extraordinary hardships may result from strict compliance with these regulations, they may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variance is based on a finding that unusual topography or other exceptional conditions not caused by the subdivider made such variance necessary; and that the granting thereof will not have the effect of nullifying the intent and purpose of these regulations.
(2)    Planned unit development.  The requirements and standards of these regulations may be modified by the Planning Commission in the case of the plat and program for a planned unit development which, in the judgment of the Planning Commission, provides adequate public spaces and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated and which also provides such covenant or other legal provisions as will assure conformity to and achievement of the plan.
(3)    Conditions.  In granting variances and modifications, the Planning Commission and the Town Board may require such conditions as will, in its judgment, secure substantially the objectives of the requirements and standards so varied or modified.  (Ord. 333, 1977)

Block.  A parcel of land bounded on all sides by a street or streets.

Comprehensive Plan,  A plan for guiding and controlling the physical development of land use and circulation facilities in the Town and any amendment or extension of such a plan.

Consumer.  Any person contacted as a potential purchaser, lessee or renter, as well as one who actually purchases, leases or rents property in the subdivision.

Dedication.  A grant by the owner of a right to use land to the public in general, involving a transfer of property rights, and an acceptance of the dedicated property by the appropriate public agency.

Easement.  A dedication of land for a specified use, such as providing access for maintenance of utilities.

Lot.  A parcel of land intended for transfer of ownership or building development, having its full frontage on a public street.

Person.  An individual, partnership, corporation, association, unincorporated organization, trust or any other legal or commercial entity, including a joint venture or affiliated ownership.  The word person also means a municipality or state agency.

Plat.  A map, drawing or chart upon which the subdivider presents proposals for the physical development of a subdivision, and which he or she submits for approval and intends to record in final form.

Reservation.  A legal obligation to keep property free from development for a stated period of time, not involving any transfer of property rights.

Right-of-way.  The width between property lines of a street.

Street.  A way for vehicular traffic, further classified and defined as follows:

(1)    Arterial streets are those which permit the relatively rapid and unimpeded movement of large volumes of traffic from one (1) part of the community to another.
(2)    Collector streets are those which collect traffic from minor streets and carry it to arterial streets or to local traffic generators such as neighborhood shopping centers and schools.  Collector streets include the principal entrance streets to a residential development, those linking such adjacent developments, and those streets providing circulation within such developments.
(3)    Minor streets are those used primarily for direct access to properties abutting the right-of-way.  Minor streets carry traffic having an origin or destination within the development and do not carry through traffic.

Subdivider or developer.  Any person, individual, firm, partnership, association, corporation, estate, trust or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, including any agent of the subdivider.

Subdivision:

(1)    The division of a parcel of land into five (5) or more parcels, sites or lots for the purpose, whether immediate or future, of transfer of ownership or building development, provided that the division of land into parcels of more than five (5) acres which does not involve the creation of any new streets or easements of access shall be exempted; or
(2)    The improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewerage, water, storm drainage or other public utilities or facilities.  (Ord. 333, 1977)

(1)    The provisions herein contained shall be regarded as minimum requirements for the protection of the public health, safety and welfare.
(2)    Whenever a provision of this Chapter and any provision in any other law of the Town covers the same subject matter, whichever is the most restrictive or imposes the higher standard or requirement shall govern.
(3)    Any part of any ordinance which is in conflict herewith is hereby repealed.  (Ord. 333, 1977)