HomeMy WebLinkAboutExhibit K - Article 5 Review Draft REDLINEGARFIELD COUNTY, COLORADO Article 5: Divisions of Land PLANNING COMMISSION REVIEW DRAFT v1 REDLINE FEBRUARY 27, 2013 ULUR 2008
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-I Article 5 Divisions of Land Table of Contents DIVISION 1. GENERAL PROVISIONS.......................................................
........................... 1 SECTION 5-101. Types of Land Division. ......................................................................... 1 A. Definition of Subdivision. ........................
..................................................................... 1 B. Sales Prohibited Prior to Platting. ................................................................................
1 SECTION 5-102. Subdivision and Exemption Review Processes................................... 3 A. Common Review Procedures. .........................................................................
............ 3 B. Notice. ......................................................................................................................... 3 DIVISION 2. SUBDIVISION EXEMPTIONS...............
............................................................ 6 SECTION 5-201. Operation of Law. ................................................................................... 6
A. Split by Federal or State Right-of-Way Interest............................................................ 6 B. State Statutory Exemptions. .......................................................
................................. 6 C. Municipal Annexation................................................................................................... 6 SECTION 5-202. County
Level Exemptions Exempt from Subdivision Review. ............ 1 A. Boundary or Lot Line Revision or Correction. .............................................................. 1 B. Garfield
County Owned Property. ................................................................................ 2 C. Pipelines and Facilities Appurtenant to Pipelines.........................................
................ 2 D. Telecommunication Sites............................................................................................. 2 E. Public Utilities Commission Authority..................
......................................................... 2 F. ADU or 2-Family Dwelling Unit. ................................................................................... 2 G.
Certain Leasehold Interests......................................................................................... 2 H. Certain Private Easements. ..................................................
....................................... 3 SECTION 5-203. Public/County Road Split Exemption.................................................... 6 A. Overview. ........................................
............................................................................ 6 B. Review Process.......................................................................................................
.... 6 C. Review Criteria. ........................................................................................................... 7 SECTION 5-204. Rural Land Development Exemption.
................................................... 8 A. Overview. ....................................................................................................................
8 B. Review Process........................................................................................................... 9 C. Review Criteria. ..................................................
........................................................10 DIVISION 3. SUBDIVISION..................................................................................................10
SECTION 5-301. Minor Subdivision Review. ...................................................................10 A. Overview. ...........................................................................
........................................10 B. Review Process..........................................................................................................11 C. Review Criteria.
..........................................................................................................11 SECTION 5-302. Major Subdivision Review. .................................................
..................12 A. Overview. ...................................................................................................................12 B. Sketch Plan Review..........................
..........................................................................12 C. Preliminary Plan Review.............................................................................................12
D. Final Plan/Final Plat Review. ......................................................................................13 SECTION 5-303. Conservation Subdivision Review. .............................
.........................13 A. Overview. ...................................................................................................................13 B. Sketch Plan Review...................
.................................................................................14
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-II C. Yield Plan Review.......................................................................................................14
D. Preliminary Plan Review.............................................................................................14 E. Final Plan/Plat Review....................................................
............................................15 SECTION 5-304. Amendments to an Approved Preliminary Plan. .................................15 A. Overview. ............................................
.......................................................................15 B. Review Process..........................................................................................................15
C. Review Criteria. ..........................................................................................................16 SECTION 5-305. Amended Final Plat Review. ............................
.....................................16 A. Overview. ...................................................................................................................16 B. Review Process...........
...............................................................................................16 C. Review Criteria ..................................................................................
.........................16 SECTION 5-306. Common Interest Ownership Community Re-Subdivision, Including Condominium and Townhouse Plats Review........................................................
............16 A. Overview. ...................................................................................................................16 B. Review Process....................................
......................................................................17 C. Review Criteria. ..........................................................................................................
17 DIVISION 4. general submittal requirements. ...................................................................17 SECTION 5-401. Application Materials. ............................................
...............................17 A. Required Submissions................................................................................................17 SECTION 5-402. Description
of Submittal Requirements...............................................21 A. Professional Qualifications..........................................................................................21
B. General Application Materials. ....................................................................................21 C. Vicinity Map. .............................................................
..................................................21 D. Sketch Plan Map. .......................................................................................................21 E.
Preliminary Plan Map..................................................................................................23 F. Final Plan. ...............................................................
...................................................25 G. Final Plat. ...................................................................................................................25
H. Yield Plan Site Map. ...................................................................................................27 I. Open Space Plan. .....................................................
.................................................28 J. Landscape Plan..........................................................................................................28 K. Erosion
and Sediment Control Plan. ...........................................................................28 L. Water Supply Plan..........................................................................
............................28 M. Sewage Management Plan.........................................................................................28 N. Impact Analysis. ...............................
..........................................................................29 O. Visual Analysis. ......................................................................................................
....30 P. Development Agreement. ...........................................................................................30 Q. Improvements Agreement. .............................................
............................................30
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-1 ARTICLE 5: DIVISIONS OF LAND DIVISION 1. GENERAL PROVISIONS. SECTION 5-101. TYPES OF LAND DIVISION. Division of Land
is classified by the County as either a Subdivision or a Subdivision Exemption. A. Definition of Subdivision. The Division of Land into 2 or more parcels is a Subdivision and subject
to the Subdivision Review process unless specifically exempted as follows:: 1. Such division occurs by operation of law, without BOCC action, as detailed in Section 5-201; or 2. Such
division is established by the BOCC as a County Exemption, consistent with C.R.S. § 30-28-101(10)(d), as amended, pursuant to Section 5-202, 203 and 204. B. Sales Prohibited Prior to
Platting. No person with any interest in land located within a Subdivision or proposed Subdivision shall transfer, or agree to sell, or offer to sell, or sell any land before the Final
Plat for the Subdivision has been approved by the BOCC and recorded with the County Clerk and Recorder. SECTION 5-102. PROCESSES EVEL EXEMPTIONS EXEMPT FROM SUBDIVISION AND EXEMPTION
REVIEW. The following are not “Subdivisions” or “subdivided land” as those terms are defined by State law and are not subject to County Subdivision or Exemption Review. A. Boundary or
Lot Line Revision or Correction. Revision to lot lines or boundary lines for parcels of land outside of a recorded Plat for the purpose of revising boundary or parcel lines shall constitute
a boundary or lot line revision or correction. If the proposed change affects a lot within a recorded Subdivision or an approved Exemption, it does not qualify as a boundary or lot line
adjustment and the change must Lot, the amended Plat shall be processed as an amended Plat pursuant to Section 5-305. The proposed change shall meet the following criteria:. 1. There
will be no new lots created; 2. There will be no loss of access; 3. There will be no loss of utility service to the parcels; 4. Merger occurs by way of a recorded deed; and 5. Title
is held in the same form and quality of ownership, for example: fee ownership must remain fee ownership; fee ownership with the possibility of reverter must remain fee ownership with
the possibility of reverter; joint tenancy with right of survivorship must remain joint tenancy with right of survivorship.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-2 B. Garfield County Owned Property. Leases, easements, and other similar, limited property interests in property owned
by Garfield County. C. Pipelines and Facilities Appurtenant to Pipelines. Leases, easements, surface use agreements, and other similar, limited property interests in land used for oil
and gas facilities accessory to a pipeline, as defined in the Article 9. D. Telecommunication Sites. Leases, easements, and other similar, limited property interests in land used for
telecommunication sites, including without limitation, cell phone, television, and radio tower sites. are subject to this Code. E. Public Utilities Commission Authority. Land used for
a facility subject to Public Utilities Commission Authority and regulated as a public utility through the issuance of a certificate of public convenience and necessity in accordance
with the Colorado Public Utilities Law, C.R.S. § 40-1-101, et seq., as amended., including, if applicable, the major electric or natural gas facility defined in Article 16. F. ADU or
2-Family Dwelling Unit. An Accessory Dwelling Unit or 2-Unit Dwelling, subject to leasehold interests only and not for separate sale/gift, and complying with the zoning requirements
and associated Administrative Review, Limited and Major Impact Review processes of this Code. G. Certain Leasehold Interests. In an apartment or office or a land lease of a portion of
a single lot, whether for commercial or residential use, leasehold interests, whether commercial or residential, conveyed by a legally adequate writing defining a term of years not to
exceed 25 years. The creation of such leasehold interest(s) shall comply with this Code. If a change is made from leasehold interests to the ownership (e.g., condominiums or townhouses)
or to a leasehold greater than 25 years, Preliminary Plan Review pursuant to Section 5-302.C. interests, whether commercial or residential, conveyed by a legally adequate writing defining
a term of years not to exceed 25 years. The creation of such leasehold interest(s) shall comply with this Code. If a change is made from leasehold interests to the ownership (e.g., condominiums
or townhouses) or to a leasehold greater than 5 years, Preliminary Plan Review pursuant to Section 5-302.C. is required and County Exemption from the definition of Subdivision and the
Subdivision Review process no longer exists. A leasehold interest, whether commercial or residential, and whether for the whole or a portion of a single lot, conveyed by a legally adequate
writing for a defined term. The use associated with the leasehold interest must comply with the zoning requirements and review processes of this Code. If the leasehold interest is changed
to either an ownership interest (e.g. from apartments to condominiums), then the formerly exempt leasehold parcel is no longer exempt from the definition of Subdivision.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-3 H. Certain Private Easements. Private easements between a grantor and a grantee, including conservation easements,
regardless of whether the burdened and dominant estates are within a recorded Subdivision or Exemption. SECTION 5-103. SUBDIVISION AND EXEMPTION REVIEW PROCESSES. A. Common Review Procedures.
Subdivision and Exemption processes shall be processed according to Table 5-1032, Common Review Procedures and Required Notice. Additional requirements for each procedure are provided
in Sections 5-203 through 5-306. B. Notice. Notice shall be provided pursuant to Table 5-1032, and shall be consistent with Section 4-101.E.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-4 Table 5-1023: Common Review Procedures and Required Notice Common Review Procedure Applicable Pre-Application Conference
4-101.A. Completeness 4-101.B. Referral Agency 4-101.C. Evaluation by Director 4-101.D. Notice 4-101.E. Recommendation 4-101-F. Decision 4-101-G. Duration of Approval/Expiration 4-101.H.
Extension of Approval 4-101.I. Additional Requirements (See Section) Required Notice BA Board of Adjustments BC Board of County Commissioners Published Mailed Posted Additional Requirements
D Director PC Planning Commission 5-3015-302 Minor SubdivisionMinor Subdivision D 21 days prior to Director’s Decision Major Subdivision 5-302.B. Sketch Plan (Optional)
PC ------5-302.C. Preliminary Plan PC BOCC All types of notice for both PC and BOCC. 5-302.D. Final Plan/Final Plat BOCC ------Conservation Subdivision
5-303.B. Sketch Plan (Optional) PC ------5-303.C. Yield Plan PC ------5-303.D. Preliminary Plan PC BOCC All types of notice for both PC and BOCC.
5-303.E. Final Plan/Final Plat BOCC ------Exemption Subdivision 5-203 Public/County Road Split D Per Administrative Review Section 4-102 and Section 4-1033 5-204
Minor/Major Exemption D Per Administrative Review Section 4-103 5-205 Rural Land Development (10 Lots or Fewer) BOCC 5-205 Rural Land Development (Greater
than 10 Lots) PC BOCC All types of notice for both PC and BOCC. Amendments, Re-Subdivisions, Call-Up 5-304 Amended Preliminary Plan D Required only
if Called-up. 5-305 Amended Final Plat D Per Administrative Review Section 4-102 and Section 4-1033. 5-306 Common Interest Community Re-Subdivision D Per Administrative
Review Section 4-1032 and Section 4-103.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-5
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-6 DIVISION 2. SUBDIVISION EXEMPTIONS. SECTION 5-201. OPERATION OF LAW. The BOCC acknowledges certain divisions of interests
in land to which, by operation of law, the terms “Subdivision” and “subdivided land” do not apply. These divisions are exempt from County Subdivision and Exemption review. A. Split by
Federal or State Right-of-Way Interest. Parcels split by a Federal or State right-of-way, for whatever purpose, in which the United States or the State of Colorado holds a fee or right-of-way
interest, and railroad rights-of-way that have not been abandoned under the authority of the U.S. Surface Transportation Board or other responsible Federal agency which have not been
abandoned. B. State Statutory Exemptions. Parcels created pursuant to C.R.S. § 30-28-101(10)(b) or (c)(I-X), as amended, including: 1. Divisions Creating 35 Acre Parcels. C.R.S. § 30-28-101(10)(b),
as amended, provides an Exemption for any Division of Land that creates parcels of land, each of which comprises 35 or more acres of land and none of which is intended for use by multiples
owners. 2. Other Statutorily-Excepted Divisions. The various C.R.S. § 30-28-101(10)(c) Exemptions listed in subsections (I-X) of subsection (10)(c), and as such list may be amended,
unless the method of disposition is adopted for the purpose of evading Part 1 of the County Planning and Building Code Act, C.R.S. § 30-25-101, et seq., as amended, or the Subdivision
regulations of this Code. C. Municipal Annexation. Parcel created as a Remainder Lot, located in unincorporated Garfield County, following annexation of a portion of the larger, pre-existing
parcel into a municipality. SECTION 5-202. PUBLIC/COUNTY ROAD SPLIT EXEMPTION. Pursuant to C.R.S. § 30-28-101(10)(d), as amended, the BOCC has established Public/County Road Split Exemption
from the definition of Subdivision and the Subdivisionbut subject to Exemption Review. process. A. Overview. Any parcel of land split by a local , i.e., neither Federal or Stateor ,
County road (i.e. neither Federal nor State), or public right-of-way , included in the County highway system where , and the location of the public or County right-of-way prevents joint
use of the proposed lots. Such division is described herein as a Road Split. B. Review Process. A Public/County Road Split Exemption shall be reviewed in accordance with Section 4-103,
Administrative Review and consistent with Table 5-102 with the following modification.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-7 1. The applicantt shall submit the Final Plat to the BOCC for signature prior to recording with the Office of the
Clerk and Recorder. 1 C. Review Criteria. Approval of a public/County Road Split Exemption shall require a factual finding of the following: 1. The application is in compliance with
the applicable standards of this Code. 2.1. The right-of-way prevents joint use of affected, proposed lots; 3.2. The proposed Exemption lots have a sufficient legal and physical source
of water pursuant to Section 7-104, Source of Water. 3. The proposed Exemption lots have adequate sewage disposal system pursuant to Section 7-105, Central Water Distribution and Wastewater
Systems. 4. The proposed Exemption lots have legal and adequate access pursuant to Section 7-107, Access and Roadways. 5. The Final Plat meets the requirements per Section 5-402.G, Final
Plat. SECTION 5-203. MINOR AND MAJOR EXEMPTION A. Overview. 1. Minor Exemption. A Division of land by which no more than 2 parcels, (one new parcel and one remainder parcel), will be
split from any parcel that was described in the records of the County Clerk and Recorder’s Office as of January 1, 1973, regardless of size, so long as the resulting parcels meet the
minimum lot size for the underlying zone district. 2. Major Exemption. Division of land by which no more than 4 parcels (the remainder parcel and not more than 3 new parcels) will be
split from a parcel of land that was described in the records of the Garfield County Clerk and Recorder’s Office as of January 1, 1973 as a parcel of land 35 acres or more in size and
not part of a recorded subdivision. 3. Definition of Minor and Major Exemptions. a. All tracts of land 35 acres or greater in size created after January 1, 1973 pursuant to C.R.S. 30-28-101(10)(b),
i.e. divisions of land creating parcels each of which comprises thirty-five (35) acres or more and none of which is intended for use by multiple owners, shall be considered parcels of
land created by exemption for purposes of further division and, thus, shall be counted as 1 of the not more than 4 Exemption Lots allowed to be split by the Major or Minor Exemption
process; unless; b. The parcel of land under consideration, or part thereof, is split by a public right-of-way or a county road right-of-way included in the county highway system, and
the location of the public or county right-of-way prevents joint use of 1 or more of the proposed Exemption Lots. In such instance, the division of land may include a split into no more
than 5 parcels (e.g. no more than 4 new 1 Verify this information in is the Plat description.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-8 parcels and the remainder parcel) in a Major Exemption and no more than 3 parcels,(e.g. no more than 2 new parcels
and the remainder parcel) in a Minor Exemption. B. Review Process. An application for a Minor or Major Exemption shall be processed in accordance with Section 4-103, Administrative Review
Processed with the following modifications: 1. The applicant shall submit the Final Plat to the BOCC for signature prior to recording with the Office of the Clerk and Recorder C. Review
Criteria. 1. The proposed exemption is consistent with the Comprehensive Plan and any applicable intergovernmental agreements. 2. The development and use of Exemption Lots comply with
the zoning regulations and use restrictions of this Code and the PUD zone designations, if applicable. a. The resulting Exemption Lots are not illegal or nonconforming lots under these
Regulations. Any Exemption Lot that is nonconforming shall not increase its degree of nonconformance. b. The resulting Exemption Lots contain safe, adequate building sites capable of
complying with applicable use restrictions, criteria and standards set forth in this Code. 3. The division of land by the exemption processes, detailed herein, is not within the purposes
of the state subdivision statutes, Part 1 of the County Planning and Building Code Act, C.R.S. §30-28-101, et seq., or the subdivision regulations of this Code. 4. The resulting Exemption
Lots have a sufficient legal and physical source of water, in compliance with the standards of this Code. 5. The resulting Exemption Lots have an adequate water distribution system and
wastewater disposal system in compliance the standards of this Code. 6. The resulting Exemption Lots have legal and adequate access in compliance with the standards of this Code. 7.
The resulting Exemption Lots do not create hazards identified in Section 7-209, 10, or exacerbate existing hazards. 8. The Final Plat meets the requirements per Section 5-402.G, Final
Plat. 9. The Final Plat does not include a lien, conveyance, or encumbrance to the property dividing a lot or encumbering the public use of public dedications for roadways public utility
easements or other purposes. 10. All taxes applicable to the land have been paid. SECTION 5-204.SECTION 5-203. RURAL LAND DEVELOPMENT EXEMPTION. Pursuant to C.R.S. 30-28-101(10)(d),
as amended, the BOCC has established Rural Land Development Exemption as exempt from the definition of Subdivision but subject to Exemption Review.A. Overview. The BOCC may, o The Rural
Land Development Exemption will be applied on a case-by-case basis to , exempt from the definition of Subdivision and the Subdivision Review
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-9 process certain Divisions of Land that, in the sole opinion of the BOCC, advance the objectives of Garfield County
regarding the preservation of rural lands as Agricultural Land and Open Space and maintain the greater portion of the property for agricultural purposes, natural resource utilization,
Open Space, or other rural land uses. 1. The Rural Land Use Development Exemption may be used to create a Cluster Subdivision Development on a parcel of land 70 acres or more in any
unincorporated area of the County. 2. The Subdivision shall be for Single-Family Dwelling use only. The density shall not exceed 1 lot per every 35 acres plus 1 lot per each 100 acres
plus 1 additional lot. The maximum number of lots in of a Rural Land Use Development Exemption is 42 lots plus the Remainder Parcel. 3. This Code does not preclude owners of adjacent
properties from combining their properties for the purposes of forming a parcel eligible for division under the provisions of the Rural Lands Development Exemption option. 4. The requirements
inper Article 8, Affordable Housing, shall not apply to Rural Land Development Exemptions. B. Review Process. Applications for a Rural Land Development Exemption shall be processed according
to Section 5-302.D.2, Final Plan/Final Plat Review and shall be subject to Subsequent Action per Section 5-302-D.4. Table 5-102 with the following modifications. 1. Submittal Plat for
Signature. The Plat for an approved Rural Land Development Exemption shall be submitted to the BOCC for signature within 120 calendar days from the date of approval of the application.
All conditions of approval shall be met prior to submitting the Final Plat for signature by the BOCC. The Final Plat shall be signed by all owners of record. 2. Subsequent Action. a.
The Final Plat shall be recorded within 30 calendar days from the date of signature by the BOCC. b. Completion of Conditions of Approval. The Applicant shall complete all conditions
of approval prior to recording the Plat and associated documents. c. Approval of Improvements Agreement. The Rural Land Development Exemption Plat shall not be filed for recording until
the BOCC has approved an Improvements Agreement. d. Effective Upon Recording. The Rural Land Development Exemption Plat does not become effective as an instrument for describing real
property interest until it is properly filed for recording with the County Clerk and Recorder. e. Development Agreement. The approved Rural Land Development Exemption Plat shall constitute
a site specific development plan establishing vested property rights pursuant to C.R.S., Part 1 of
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-10 Article 68, Title 24, as amended, and the provisions of Section 1-202, Establishment of Vested Property Rights. C.
Review Criteria. An application for a Rural Land Development Exemption shall meet the following criteria. 1. The RLDE Subdivision complies with this Code, is in general conformance with
the Comprehensive Plan, and complies with any applicable Intergovernmental Agreements. 2. The RLDE Subdivision lots havehas a sufficient legal and physical source of water pursuant to
Section 7-104. Where well water is used, the annual withdrawal rate shall not exceed the rate of 1-acre foot for each 35 acres within the Cluster Development unless a water augmentation
plan is approved. One well shall be allowed per lot in accordance with C.R.S. § 30-28-404, as amended. 3. The RLDESubdivision lots have has legal and adequate access pursuant to Section
7-107, Access and Roadways. 4. The RLDE Subdivision does not create hazards identified in Section 7-209 and Section 7-210 or exacerbate existing hazards. 5. The RLDE lots haveSubdivision
has an adequate water distribution system and wastewater disposal system pursuant to Section 7-105. 6. Complies with the allowable residential density. 7.6. Development and use of the
Remainder Parcel shall be restricted to 1 dwelling unit plus an Accessory Structure for agricultural use. 8.7. Proposed division and development of the land minimizes the impacts of
residential development on Agricultural Lands and agricultural operations, and maintains the rural character of lands. Proposed division and development of the land maintains the opportunity
for agricultural production on the most productive and viable parcels of land. 9.8. 80% of the parcel is preserved as contiguous Open Space to be used as Wildlife Habitat, Grazing Land,
critical natural areas, or similar uses. 10.9. All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office. DIVISION 3. SUBDIVISION. SECTION 5-301.
MINOR SUBDIVISION REVIEW. A. Overview. 1. A Minor Subdivision is any Subdivision that: a. Creates no more than 35 parcels. b. Is served by a private well or wells, or a Water Supply
Entity; and c. Does not require the extension, construction, or improvement of public water, sewer, or a County right-of-way. A parcel may be eligible to use the Minor Subdivision process
numerous times, so long as:
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-11 2. No more than a cumulative total of 5 lots are created through use of the Minor Subdivision process combined with
any lots previously created through a County exemption process; and Is not evading the Major Subdivision process or would result in a de facto Major Subdivision through the combination
of previous contiguous Minor Subdivisions as determined by the Director. An appeal of this determination shall be processed as an Appeal of an Administrative Interpretation. The Applicant
is not using the Minor Subdivision process to circumvent the Major Subdivision process. 3. Further divisions of the lots created through the Minor Subdivision process shall be processed
as Major Subdivisions. 4. Use of the Minor Subdivision process does not prevent the subsequent use of a Rural Land Development Exemption pursuant to Section 5-204 B. Review Process.
A Minor Subdivision application shall be reviewed pursuant to Section 4-103, Administrative Review Process, with the following modificaiton: 1. Public notice shall be posted and mailed
at least 21 days prior to the Director’s Decision.. C. Review Criteria. In considering a Minor Subdivision application, the application shall demonstrate compliance with the following
criteria: 1. The Final Plat meets the requirements per Section 5-402.G, Final Plat. 2. It cComplies with the requirements of the applicable zone district and this Code. 3. It is The
application is in general conformance with the Comprehensive Plan. 4. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. 5. The proposed
Subdivision Satisfactory evidence ofhas adequate and legal access has been provided. 6. Provision has been made for any required road or storm drainage improvements. 7. Any necessary
easements, including but not limited to (i.e. drainage, irrigation, utility, road and water service), have been obtained. 8. The proposed Subdivision has the ability to provide an adequate
sewage disposal system. 9. The application is compatible with abutting land uses and will not interfere with accepted management practices on those lands. 10. Any hHazards identified
on the property such as, but not limited to, (fire, flood, steep slopes, rockfall and poor soils, stream protection, hillside development) are subject to shall be mitigated, to the extent
practicable. ion as identified in the application. 11. Information on estimated construction costs and proposed method of financing or roads, water distribution systems, collection systems,
storm drainage facilities and other such utilities have been provided.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-12 12. All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office. 13. The approved
Plat shall indicate the remaining number of lots, if any, that may be requested using the Minor Subdivision process. approved pending review and compliance with the minor subdivision
process and criteria. 14. All fees, including Road Impact and School Land Dedication fees, shall be paid. SECTION 5-301.SECTION 5-302. MAJOR SUBDIVISION REVIEW. A. Overview. Applications
for a Major Subdivision review shall be processed according to Table 5-1032 and consistent with the following procedures. B. Sketch Plan Review. 1. Overview. The Sketch Plan Review process
is an optional plan review process intended to review at a conceptual level the feasibility and design characteristics of the proposed Division of Land. 2. Review Process. A Sketch Plan
shall be processed according to Table 5-1023 with the following modifications. a. The Planning Commission shall conduct a cConceptual Rreview of the proposal. The Planning Commission’s
comments and recommendations are preliminary, based on Conceptual Review, and not binding. upon formal review of the application. b. The Director shall provide the Applicant with written
notice of the Planning Commission’s Conceptual Review comments and recommendations within 5 days of the date of the review. 3. Review Criteria. In considering a Sketch Plan proposal,
the following shall be considered: a. Feasibility and design characteristics based upon compliance with the applicable standards; and b. General conformance with the Comprehensive Plan.
C. Preliminary Plan Review. 1. Overview. The Preliminary Plan Review process will review the feasibility and design characteristics of the proposed land division as well as evaluate
preliminary engineering design. 2. Review Process. Preliminary Plan Review shall be processed according to Table 5-1023. 3. Review Criteria. A Preliminary Plan application shall meet
the following criteria: a. Compliance with the Article 7, Division 1, General Approval Standards for Land Use Change Permits; b. Compliance with the Article 7, Division 2, General Resource
Protection Standards for Land Use Change Permits;
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-13 c. Compliance with applicable Article 7, Division 3, Site Planning and Development Standards; d. Compliance with
applicable Article 7, Division 4, Subdivision Standards and Design Specification; and e. Any other applicable standard. D. Final Plan/Final Plat Review. 1. Overview. The Applicant must
receive Preliminary Plan approval before beginning the Final Plan/Final Plat process. 2. Review Process. Applications for Final Plan/Final Plat shall be processed according to Table
5-1032 with the following modification. a. The approved Final Plat shall be submitted to the BOCC for signature within 120 days from the date of approval of the Final Plat. b. All conditions
of approval shall be met prior to submitting the Final Plat for signature by the BOCC. 3. Review Criteria. An application for Final Plan/Final Plat shall meet the following criteria:
a. The Final Plan/Final Plat complies with all conditions of Preliminary Plan approval; b. The Final Plan/Final Plat meets all planning, engineering, and surveying requirements of this
Code for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials; c. The Final Plat does not include a lien, conveyance, or encumbrance
to the property dividing a lot; and d. All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office. 4. Subsequent Action. a. The Final Plat shall be
recorded within 30 days from the date of signature by the BOCC. b. The Applicant must complete all conditions of Final Plat approval prior to recording the Plat and associated documents.
c. The Final Plat shall not be filed for recording until the BOCC has approved an Improvements Agreement. d. The Plat does not become effective until it is properly filed for recording
with the County Clerk and Recorder. SECTION 5-302.SECTION 5-303. CONSERVATION SUBDIVISION REVIEW. A. Overview. The Conservation Subdivision is a clustered residential development option
consistent with C.R.S. 30-28-401, et seq.,that allows reduced lot size and provides density bonuses in exchange for preservation of rural lands through provision of Open Space. A Conservation
Subdivision shall be designed as a density neutral development plan or an increased density development plan. The design standards for each development plan
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-14 option are set forth in Section 7-501, Design Standards for Conservation Subdivision Development. Applications for
aA Conservation Subdivision shall be processed according to Table 5-102 and consistent with the following procedures. B. Sketch Plan Review. The process for Sketch Plan Review is set
forth in Section 5-302.B. This process is optional for a Conservation Subdivision. C. Yield Plan Review. 1. Applicability. The Yield Plan Review process is required for applications
proposing Conservation Subdivision pursuant to this Code A Conservation Subdivision application must include a Yield Plan. . The Yield Plan Review is a preliminary site design review
for the purpose of determining the maximum number of residential lots and Open Space that can be practically developed on the proposed site. The Yield Plan Review may be combined with
Sketch Plan Review. 2. Review Process. The Yield Plan Review shall follow the process according to Table 5-103 with the following modification. a. The Director shall provide the Applicant
with written notice of the Planning Commission’s review comments, and the determination of maximum residential density for the proposed conservation development within 5 days of the
date of the Planning Commission’s meeting. 3. Review Criteria. The site design shall take into consideration the following: a. Site constraints; b. Site topography and drainage; and
c. Zone district requirements such as density, use, and setback requirements. D. Preliminary Plan Review. 1. Review Process. Preliminary Plan Review for a Conservation Subdivision shall
be processed according to Table 5-103. 1.2. Review Criteria. A Preliminary Plan for a Conservation Subdivision shall beet the following criteria: a. Compliance with the Article 7, Division
1, General Approval Standards for Land Use Change Permits; b. Compliance with the Article 7, Division 2, General Resource Protection Standards for Land Use Change Permits; c. Compliance
with applicable Article 7, Division 3, Site Planning and Development Standards; d. Compliance with applicable Article 7, Division 4, Subdivision Standards and Design Specification; and
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-15 e. Compliance with the design standards as set forth in Section 7-501, Design Standards for Conservation Subdivision
Development. f. Compliance with any other applicable standard. E. Final Plan/Plat Review. 1. Review Process. The process for Final Plan/Final Plat Review is set forth in Section 5-302.D.2.
and shall be subject to Subsequent Action per Section 4-503.D.4. 1.2. Review Criteria. An application for Final Plan/Final Plat of a Conservation Subdivision shall: a. Comply with all
conditions of Preliminary Plan approval; b. Meet all planning, engineering, and surveying requirements of this Code for maps, data, surveys, analyses, studies, reports, plans, designs,
documents, and other supporting materials; c. Not include a lien, conveyance, or encumbrance to the property dividing a lot; and d. Demonstrate all taxes applicable to the land have
been paid, as certified by the County Treasurer’s Office. SECTION 5-303.SECTION 5-304. AMENDMENTS TO AN APPROVED PRELIMINARY PLAN. A. Overview. Any proposal to change an approved Preliminary
Plan approved under this Code shall require application to the Director for amendment of the an approved Preliminary Plan. B. Review Process. An application for an Amendment to an Approved
Preliminary Plan shall be processed according to Table 5-102 with the following modifications. 1. Pre-Application Conference. The Director shall make 1 of the following 3 determinations
at the pre-application conference a. Minor Modification. The Director shall review the proposed amendment. The DirectorDirection shall apply the criteria in Section 4-106.C. to determine
if the proposed amendment is minor in nature. Upon finding the amendment is minor in nature, the Director shall approve the amendment to the Preliminary Plan. b. Substantial Modification.
If the Director determines that the proposed amendment constitutes a substantial modification, the change shall require a new application for Preliminary Plan review. c. Determination
by the BOCC. The Director shall have the discretion to request the BOCC decide in a public meeting whether an amendment is minor or substantialrequire the determination of the amendment
request to be decided by the BOCC in a public meeting, even if the Director finds the request to be minor in nature.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-16 2. Notice of Determination. TThe Director shall inform the Applicant and BOCC of the determination in writing within
5 days of the date of decision. 3. Call-Up by BOCC. The Director’s determination is subject to Section 4-111, Call-Up by BOCC. C. Review Criteria. The Director shall review the application
and make a determination as to whether the proposed change constitutes a minor modification or a substantial modification based on the criteria in 4-106.C., Amendments to an Approved
Land Use Change Permit. SECTION 5-304.SECTION 5-305. AMENDED FINAL PLAT REVIEW. A. Overview. This process shall be used to modify a Plat such as, but not limited to, modifying lot lines,
Building Envelopes, easement locations, or other interests. The approved amended Plat shall constitute a site specific development plan establishing vested property rights pursuant to
C.R.S., Part 1 of Article 68, Title 24, as amended, and the provisions of Section 1-202, Establishment of Vested Property Rights. B. Review Process. An application for an Amended Final
Plat shall be processed pursuant to Section 4-103, Administrative Review, and consistent with Table 5-102 with the following modification: 1. The Amended Final Plat shall be presented
to the BOCC for signature, prior to recording with the Office of the Clerk and Recorder. C. Review Criteria An application for an Amended Final Plat shall meet the following criteria:
1. Does not increase the number of lots; and 2. Does not result in a major relocation of a road or add any1 or more new roads; orand 3. Will correct technical errors such as surveying
or drafting errors. SECTION 5-305.SECTION 5-306. COMMON INTEREST OWNERSHIP COMMUNITY RE-SUBDIVISION, INCLUDING CONDOMINIUM AND TOWNHOUSE PLATS REVIEW. A. Overview. The re-subdivision
of land for condominiums and planned communities, such as townhouses, defined as Common Interest Communities in the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq.,
as amended, shall require approval of the Plats and maps described in C.R.S. § 38-33.3-209, as amended, along with approval of the declaration defined in CCIOA. Re-subdivision shall
satisfy the criteria in Section 5-304.C. and the recording of the appropriate Common Interest Community Plat showing the location and dimensions of the vertical boundaries of each unit;
the horizontal boundaries, if included; and the identifying number of each unit, along with the location and dimension of common elements and limited common elements, all as defined
in the declaration.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-17 B. Review Process. An application for a rRe-subdivision of a Final Plat into Common Interest Ownership Community
shall be processed according to Section 4-103, Administrative Review, and consistent with Table 5-102 with the following modification: 1. The Common Interest Ownership Community Plat
shall be presented to the BOCC for signature. 2. A Common Interest Ownership Community Plat, as approved by the BOCC, shall constitute a site specific development plan establishing vested
property rights pursuant to C.R.S., Part I of Article 68, Title 24, as amended, and the provisions of Section 1-202, Establishment of Vested Property Rights. C. Review Criteria. An application
for a Common Interest Ownership Community shall meet the following criteria.1. The proposed re-subdivision Final Plat is consistent with the Subdivision Final Plan/Final Plat and, if
applicable, the approved PUD plan zone designations. 2. Is consistent with zone district regulations. a. The total common area and individual lot area of the whole project, divided by
the total number of units, meets the minimum lot size requirements of the overlying zoning district. b. A project within a PUD complies with the zoning outlined in the PUD designations.
3. If applicable, the condominium, townhouse, or other Common Interest Community declaration and bylaws make adequate provision for the maintenance of common area elements. 4. An Improvements
Agreement has been signed and submitted by the Applicant, and an adequate financial guarantee for improvements has been posted or will be posted prior to approval. 5. The lot in which
the Common Interest Community is located was approved and platted as part of a Subdivision that meets the requirements of this Code. 6. Adequate easements for water, sewer, utilities
and access have been provided. 7. If applicable, an acceptable party wall agreement has been recorded. DIVISION 4. GENERAL SUBMITTAL REQUIREMENTS. SECTION 5-401. APPLICATION MATERIALS.
A. Required Submissions. The following are the application materials required for permits and approvals and for Divisions of Land. A detailed description of each submittal requirement
is set forth in Section 5-402, Description of Submittal Requirements.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-18 Table 5-401: Submittal Requirements Legend Required Application Form and Fees Vicinity Map (4-203.C.) Site Plan
(4-203.D.) Erosion and Sediment Control (4-203.E.) Landscape Plan (4-203.F.) Impact Analysis (4-203.G.) Rezoning Justification Report (4-203.H.) Development Agreement (4-203.J.) Improvements
Agreement (4-203.K.) Traffic Study (4-203.L.) Sketch Plan (5-402.D.) Preliminary Plan (5-402.E.) Final Plan (5-402.F.) Final Plat (5-402.G.) Common Interest Plat Yield Plan Site Map(s).(5-402.H.)
Open Space Plan (5-402.I.) Water Supply Plan (4-203.M) WastewaterSewage Management Plan (4-203N) (5-402M) Visual Analysis (5-402.O.) Written Narrative/Additional Submissions Application
Type 5-303 Minor Subdivision Preliminary engineering reports and plans: A, C, E, and H. Major Subdivisions (5-302) 5-302.B Sketch Plan (Optional) 5-302.C Preliminary
Plan Preliminary engineering reports and plans: A., B., C 5-302.D Final Plan/Final Plat Final engineering reports and plans: A., B., C., D., E., F., and
G., H. and letters of intent to provide service from all utility service providers. Conservation Subdivision (5-305) 5-303.B Sketch Plan (Optional) 5-303.C. Yield Plan
5-303.D Preliminary Plan Preliminary engineering reports and plans: A., B., C. 5-303.E Final Plan/Final Plat Final engineering reports and plans:
A., B., C., D., E., F., G., H. and letters of intent to provide service from all utility service providers. Exemption Subdivisions 5-203 Public/County Road Split Information
demonstrating adequate
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-19 Table 5-401: Submittal Requirements Legend Required Application Form and Fees Vicinity Map (4-203.C.) Site Plan
(4-203.D.) Erosion and Sediment Control (4-203.E.) Landscape Plan (4-203.F.) Impact Analysis (4-203.G.) Rezoning Justification Report (4-203.H.) Development Agreement (4-203.J.) Improvements
Agreement (4-203.K.) Traffic Study (4-203.L.) Sketch Plan (5-402.D.) Preliminary Plan (5-402.E.) Final Plan (5-402.F.) Final Plat (5-402.G.) Common Interest Plat Yield Plan Site Map(s).(5-402.H.)
Open Space Plan (5-402.I.) Water Supply Plan (4-203.M) WastewaterSewage Management Plan (4-203N) (5-402M) Visual Analysis (5-402.O.) Written Narrative/Additional Submissions Application
Type access, water supply and sewer system. Explanation of request. 5-204 Minor/Major Exemption 5-205 Rural Land Development Engineering reports and plans:
A, B, C, D, E. Amendments and Re-Subdivisions • 5-304 Amended Preliminary Plan Written statement of proposed amendment and any supporting documents. 5-305 Amended Final Plat
5-306 Common Interest Community Re-Subdivision Explanation of consistency with underlying preliminary plan and/or PUD plan. Engineering Studies A. Streets, Trails, Walkways,
and Bikeways B. Mitigation of Geological Hazard C. Sewage Collection and Water Supply and Distribution System D. Soil Suitability Information E. Groundwater Drainage F. Engineering design
and construction features for any bridge, culverts, or other drainage features to be constructed G. Final cost estimates for public improvements H. Preliminary cost estimates for improvements.
The certification listing all mortgages, liens, judgments, easement, contracts, and agreements of record regarding the land to be platted and the BOCC may require, at its discretion,
that the holders of such mortgages, liens, judgments, easements, contracts, or agreements shall be required to join in and approve the application for Final Plat approval
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-20 Table 5-401: Submittal Requirements Legend Required Application Form and Fees Vicinity Map (4-203.C.) Site Plan
(4-203.D.) Erosion and Sediment Control (4-203.E.) Landscape Plan (4-203.F.) Impact Analysis (4-203.G.) Rezoning Justification Report (4-203.H.) Development Agreement (4-203.J.) Improvements
Agreement (4-203.K.) Traffic Study (4-203.L.) Sketch Plan (5-402.D.) Preliminary Plan (5-402.E.) Final Plan (5-402.F.) Final Plat (5-402.G.) Common Interest Plat Yield Plan Site Map(s).(5-402.H.)
Open Space Plan (5-402.I.) Water Supply Plan (4-203.M) WastewaterSewage Management Plan (4-203N) (5-402M) Visual Analysis (5-402.O.) Written Narrative/Additional Submissions Application
Type before such Final Plat is accepted for review. All other exceptions from title shall be delineated.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-21 SECTION 5-402. DESCRIPTION OF SUBMITTAL REQUIREMENTS. A. Professional Qualifications. The professional qualifications
for preparation and certification of certain documents required by this Code are set forth in Section 4-203.A., Professional Qualifications. B. General Application Materials. 1. The
basic materials required for all applications for Land Use Change Permits are set forth in Section 4-203.B., General Application Materials. 2. Combination of Plan Requirements. Applicants
may combine the various plan and specification requirements of this Section onto a single submission when: a. The information requested is similar; b. The requirements can be clearly
mapped or drawn; and c. The ULUR requirement and Section are labeled or otherwise clearly identified. C. Vicinity Map. An 8-1/2 inch by 11 inch Vicinity Map locating the parcel in the
County. The Vicinity Map shall clearly show the parcel and the boundaries of the subject site and all property within a 3-mile radius of the subject parcel. D. Sketch Plan Map. Sketch
Plan Maps shall be scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for properties less than 160 acres in size. The Director may require
a more detailed version of all or part of the Sketch Plan Map. The Applicant shall submit a copy of the Sketch Plan Map at the reduced size of 8-1/2 inches by 14 inches, legible and
suitable for nontechnical review of the proposal. The Sketch Plan Map shall include the following information and supplemental materials. 1. Legal description of the property; 2. Dimensions
of the subject property; 3. Vicinity Map showing surrounding parcels and zoning; 4. Existing and proposed topographic contours at vertical intervals sufficient to show the topography
affecting the Development and storm drainage; 5. Identification and general location of known significant on-site features including: natural and artificial drainage ways, wetland areas,
ditches, hydrologic features, and aquatic habitat; geologic features and hazards including slopes, alluvial fans, areas of subsidence, rock outcrops and rockfall areas, radiological
and seismic hazard areas, soil types, and landslide areas; vegetative cover; dams, reservoirs, excavations, and mines; and any other on-site and off-site features that influence the
Development; 6. Existing and general sizes and locations of proposed parking areas, driveways, emergency turn-outs and emergency turnarounds, sidewalks, and paths;
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-22 7. Roads, railroad tracks, irrigation ditches, fences, and utility lines on or adjacent to the parcel; 8. Schematic
and narrative representation of the proposed land use including: a. Existing and proposed zoning of land to be subdivided; b. Estimated total proposed Subdivision area in acres and an
estimated percentage breakdown of areas devoted to specific land uses, with acreage and square footage (e.g. percentage and area of residential development and/or nonresidential development;
percentage and area of Open Space; percentage and area of parking and driveways; and so forth); c. Approximate lot sizes; d. Total number, size, general location, and type of proposed
dwelling units; e. Location, size, and use of major improvements; f. Total number of square feet of proposed nonresidential floor space; g. Recreation areas and Open Space; h. School
sites; i. Approximate location of wastewater treatment system, including location and size of leach field, sewer service lines, and treatment facilities to serve the proposed use; j.
Approximate location and size of well(s) and/or water lines to serve the proposed use; k. Utilities and service facilities; and l. Anticipated landscaping. 9. Description of the property;
10. Boundary lines, corner pins, and dimensions of the subject property, including land survey data to identify the parcel with section corners, distance and bearing to corners, quarter
corners, township, and range; 11. Existing and proposed topographic contours at vertical intervals sufficient to show the topography affecting the Development and storm drainage; 12.
Significant on-site features including: natural and artificial drainage ways, wetland areas, ditches, hydrologic features and aquatic habitat; geologic features and hazards including
slopes, alluvial fans, areas of subsidence, rock outcrops and rockfall areas, radiological and seismic hazard areas, soil types and landslide areas; vegetative cover; dams, reservoirs,
excavations, and mines; and any other on-site and off-site features that influence the Development; 13. Existing and proposed parking areas, driveways, emergency turn-outs and emergency
turnarounds, sidewalks, and paths, shown by location and dimension;
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-23 14. Existing and proposed roads, railroad tracks, irrigation ditches, fences, and utility lines on or adjacent to
the parcel, shown by location and dimension; 15. Users and grantees of all existing and proposed easements and rights-of-way on or adjacent to the parcel, shown by location and dimension;
and 16. Schematic and narrative representation of the proposed land use including: a. Existing and proposed zoning of land to be subdivided; b. Total proposed Subdivision area in acres
and a percentage breakdown of areas devoted to specific land uses, with acreage and square footage (e.g. percentage and area of residential development and/or nonresidential development;
percentage and area of Open Space; percentage and area of parking and driveways; and so forth); c. Approximate lot sizes; d. Total number, size, general location, and type of proposed
dwelling units; e. Location, size, and use of major improvements; f. Total number of square feet of proposed nonresidential floor space; g. Off-street parking areas and anticipated number
of spaces; h. Recreation areas and Open Space; i. School sites; j. Approximate location of wastewater treatment system, including location and size of leach field, sewer service lines,
and treatment facilities to serve the proposed use; k. Approximate location and size of well(s) and/or water lines to serve the proposed use; l. Utilities and service facilities; and
m.a. Landscaping. E. Preliminary Plan Map. Preliminary Plan Maps shall include the following information and supplemental materials: 1. Preliminary Plan Maps shall be scaled as follows.
To the extent practicable, a Preliminary Plan Map shall show the entire area proposed for Subdivision on one 24 inch by 36 inch sheet. Subdivision Lot Area Scale Less than 10,000 square
feet 1 inch equals 50 feet or less 10,001 square feet to 2 acres 1 inch equals 100 feet or less More than 2 acres 1 inch equals 200 feet or less 2. Legal description of the property.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-24 3. Site data in chart form presenting: a. Total area of the proposed Subdivision; total area of the developed buildings,
driveways and parking areas; total area of nonresidential floor space; b. Total number of proposed lots; breakdown of the lot total by number of lots per use (i.e. residential use, business
or commercial and industrial use, and other public and nonpublic uses); c. Total number of proposed off-street parking spaces; d. Total number of dwelling units; total number of dwelling
units per structure proposed; and e. Total gross density proposed. 4. Boundary lines, corner pins, and dimensions of the subject property, including land survey data to identify the
parcel with section corners, distance and bearing to corners, quarter corners, township, and range. 5. Topography at the following minimum contour intervals: a. Subdivision with 1 or
more lots less than 2 acres in size, topography shown at 2-foot contour intervals; b. Subdivision with all lots 2 acres or greater in size, topography shown at 5-foot contour intervals;
and c. Areas having Slopes 30% or more, or other significant topographic conditions, topography shown at 5-foot contour intervals. 6. Significant on-site features including: natural
and artificial drainage ways, wetland areas, ditches, hydrologic features and aquatic habitat; geologic features and hazards including slopes, alluvial fans, areas of subsidence, rock
outcrops and rockfall areas, radiological and seismic hazard areas, soil types and landslide areas; vegetative cover; dams, reservoirs, excavations, and mines; and any other on-site
and off-site features that influence the Development. 7. Known, identified or designated 100-year Floodplains and localized areas subject to periodic flooding. The distance between the
mean identifiable high water mark of any creeks, streams or rivers and the nearest proposed Development within the site shall also be shown. 8. Public access to site, and internal circulation.
Location, dimension, alignment and names of all existing and proposed streets, drives, alleys, and roads on or adjoining the property. The general location and right-of-way width for
all arterials and collectors shall be shown. 9. The location of and preliminary engineering for any existing or proposed sewers, water mains, culverts, storm drains, sidewalks, gutters,
fire hydrants along with the width and depth of pavement or sub-grading to be provided, the depth of burial of all underground lines, pipes and tubing, and typical cross sections of
the proposed grading of roadways and sidewalks. 10. Users and grantees of all existing and proposed easements and rights-of-way on and adjacent to the property, shown by location and
dimension.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-25 11. Building Envelopes, if proposed. 12. Location and layout of lots and blocks, with lots and blocks numbered consecutively,
and the dimensions and acreage of each lot. 13. Areas for landscaping, and delineation of the type and extent of vegetative cover on the site. 14. Zoning districts on the site and any
zoning changes to be requested. 15. Existing land uses and zoning on adjoining properties. 16. Public or private sources of utility services and facilities. 17. Location and dimension
of land to be held in common, Open Space devoted to community use, and land to be dedicated to County. 18. Supplemental Information: The Preliminary Plan Map shall be accompanied by
the following information: a. A copy of a current certificate from a title insurance company or an attorney licensed to practice law in the State of Colorado setting forth the names
of all owners of property included within the proposed Subdivision and a list of all mortgages, judgments, liens, easements, contracts, and agreements of record which shall affect the
property within the proposed Subdivision; b. A corporate property owner or corporate Applicant shall provide evidence of registration or incorporation in the State of Colorado; c. A
list from the County Assessor’s office of current property owners of record and their complete mailing address for property within 200 feet of the boundaries of the proposed Subdivision;
d. A list of the owners of subsurface mineral interests and their lessees, if any, on the proposed site and their complete mailing addresses; and e. Description of proposed phasing plan,
if applicable. F. Final Plan. Final Plan Maps shall include the following information and supplemental materials: 1. All information as required in the Preliminary Plan Map; and 2. Any
modifications, additions or deletions as required by the BOCC. G. Final Plat. Final Plat shall be of an engineer’s scale. Final Plat shall be prepared in a clear and legible manner on
reproducible film stock measuring 24 inch by 36 inch with clear margins of 2 inches on the left hand side and ½ inch on the remaining sides. The Final Plat shall contain the following
information, as well as any additional information as required by the Director and/or BOCC, in a format prescribed by the County: 1. Name and address of the property owner(s) and mineral
owner(s) of record of the land being platted. 2. Name, address and seal of the certifying registered land surveyor preparing the Final Plat.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-26 3. Legal description and area of the property. 4. Vicinity Map. 5. Location and full description of all monuments
as required by this Code and by C.R.S., Title 38, Article 51, as amended. a. Permanent monuments shall be set on the external boundary of the subdivision pursuant to C.R.S. § 38-51-101,
as amended. b. Block and lot monuments shall be set pursuant to C.R.S. § 38-51-101, as amended. c. Information adequate to locate all monuments shall be noted on the Plat. 6. Boundary
lines, corner pins, and dimensions of the subject parcel(s), including land survey data to identify the subject parcel by section corners, distance and bearing to these corners, quarter
corner, township, and range. 7. The lengths of all arcs, radii and tangents. Sufficient data shall be shown for all curved lines on the Plat to enable reestablishment of the curves in
the field. 8. Lot location and layout. a. All lots and blocks shall be numbered consecutively. b. The dimensions of all lots and the area of each lot shown to 2 decimal places. 9. Name,
location, and width of rights-of-way, including those intersecting or paralleling the Plat boundaries within 200 feet. 10. Name and map number of any bordering Subdivisions within 200
feet of the boundaries of the Plat. 11. Municipal limits within 200 feet of the boundaries of the Plat. 12. Location, width, purpose, and owners of all easements. A Plat note may be
necessary to provide complete information regarding the purpose of the easement. 13. Location, area, and means of access of all property to be reserved and/or dedicated, with the means
of access to such property clearly shown and its intended uses noted. 14. A legally acceptable land description and dedication block placed on the Plat by the Applicant dedicating streets,
rights-of-way, public sites, and other such features. The transfer to the County of dedicated land shall take place by a legally acceptable instrument prior to or concurrent with Final
Plat acceptance, but before recording of the Final Plat. 15. All lands within the boundary of the Subdivision shall be accounted for as a lot, tract, parcel, Open Space, street, right-of-way,
alley, and so forth, and all areas of such lands shall be shown on the plat to the nearest 100th of an acre. 16. Any protective covenants/restrictions shall be noted on the Plat or,
if protective covenants/restrictions are recorded, the book and page of
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-27 these recorded documents shall be shown on the Plat prior to the Plat being recorded. 17. All required Plat notes
and any additional notes, Building Envelopes or other information as required by the County. 18. Executed certificates, notices, and statements in the standard format required by the
County, including the following certifications: a. Acceptance by BOCC; b. County Surveyor and Surveyor; c. Owner(s), mortgagee(s), and lienholder(s); d. County Clerk and Recorder; and
e. Other certificates as required by the County. H. Yield Plan Site Map. The Yield Plan Site Map is a tool by which the maximum number of developable lots is determined for Cluster Development
options set forth in this Code. A Yield Plan Site Map shall be scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for properties less than
160 acres in size. 1. Site Map-Density Allowed by Zone District. A map illustrating the maximum residential lots allowed by the applicable zone district regulations. The map shall contain
the following elements: a. Residential lot layouts on the parcel to be developed, pursuant to the applicable zone district regulations. The map shall identify the number of lots allowed
and size of the lots. b. Existing site access. c. Existing roadways and easements on site. d. Proposed Open Space, trails and bike paths. e. Adjacent land use including existing and
planned Open Space and existing and planned roadways. f. Topography and land features on site, and land features of adjacent property that may affect the proposed land use. 2. Site Map-Proposed
Clustered Residential Lots and Open Space. A map illustrating the proposed site design for clustered residential lots and Open Space. a. Proposed residential lot layouts on the parcel
to be developed. The map shall identify the number of lots proposed, including bonus lots, and size of the lots. b. Existing and proposed site access. c. Existing and proposed roadways
on site. d. Easements located on site. e. Proposed Open Space, trails, and bike paths. f. Adjacent land use including existing and planned Open Space and existing and planned roadways.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-28 g. Topography and land features on site and land features of adjacent property that may affect the proposed land
use. I. Open Space Plan. 1. Open Space Plan Map. The Open Space Plan Maps shall be scaled at 1 inch equals 200 feet, and shall include of the following elements: a. Residential lot layout,
roadways, and site access; b. Delineation of Open Space areas; c. Trails and structures located within the Open Space areas; and d. Existing and planned Open Space on adjacent property.
2. Open Space Management Plan. The Open Space Management Plan shall include the following elements. All Open Space shall be platted as part of the first Final Plat. a. Ownership and
responsibility for management of the Open Space. The owner may place a perpetual conservation easement on the Open Space and deed that easement to a qualified conservation organization.
In all cases, ownership shall be deeded to the finally controlling entity at the time of Final Plat. b. Details for maintenance of the Open Space, including noxious weed control. c.
Responsibility for the cost of maintenance of the Open Space. d. Uses allowed within the Open Space. e. Stipulations preserving the designated Open Space and maintenance of the Open
Space in the event of future amendments to the approved land use. J. Landscape Plan. 2 The requirements for a landscape plan are set forth in Section 4-203.F. K. Erosion and Sediment
Control Plan. The requirements for an Erosion and Sediment Control Plan are set forth in Section 4-203.E. L. Water Supply Plan. The requirements for a Water Supply Plan are set forth
in Section 4-203.M. M. WastewaterSewage Management Plan. The requirements for a Wastewater Sewage Management Plan are set forth in Section 4-203. N. shall include the following elements,
in graphic or written form. 1. A general description of the proposed collection system and treatment facilities, designed by a qualified licensed professional engineer. The following
information shall be included: 2 Plans below should indicate move to Article 7.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-29 a. A copy of the completed Colorado Department of Health Waste Water Treatment Plant Site Location Approval Application;
b. Description of the legal entity that will own and operate the collection and treatment facilities; and c. Description of the proposed method of financing the collection and treatment
facilities 2. If the proposed land use is to be served by an existing public collection system and treatment facilities, evidence that provision has been made for adequate service to
the proposed land use, in compliance with State and local regulations. a. Evidence that the existing collection system and treatment facilities can and will provide adequate service
for the proposed land use. b. A letter of commitment for service from an authorized representative of the entity that owns and operates the system. The letter shall include evidence
that the facility and system is adequate to serve the proposed land use. c. Description of the legal entity that owns and operates the collection and treatment facilities. d. Description
of the proposed method of financing the collection and treatment facilities service to the proposed land use. 3. If Individual Sewage Disposal Systems are proposed, the following information
shall be provided: a. Evidence that the Individual Sewage Disposal Systems will comply with the County’s Individual Sewage Disposal requirements and requirements of the Colorado Department
of Public Health, Water Quality Control Commission; and b. Documentation of soil percolation tests and other studies required to determine maximum seasonal groundwater level and depth
to bedrock, in compliance with the County’s Individual Sewage Disposal requirements. (1) Test locations shall be indicated on the Plat. (2) Tests shall be performed by a qualified licensed
professional engineer. (3)(1) A proposed management plan for operation and maintenance of on-site systems. N. Impact Analysis. The requirements for an Impact Analysis are set forth in
Section 4-203.G., Impact Analysis.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-30 O. Visual Analysis. 1. Visual Analysis with Sketch Plan. Within the Sketch Plan Review application, the Applicant
shall submit an initial investigation of potential visual impacts and mitigation techniques, containing the following materials: a. Map. A map of the property that depicts the general
location of ridgeline areas in relationship to development areas. b. Written Statement. A brief written statement describing, in a general manner, where the Development is proposed to
be located in relation to the ridgeline areas and the design elements that will be used to mitigate visual impacts. 2. Visual Analysis with Preliminary Plan. Within the Preliminary Plan
Review application, the Applicant shall submit a detailed visual analysis that illustrates the existing features of the site, as viewed from the roadway corridor, and depicts the location
and design of the proposed Development. The visual analysis shall include: a. Illustrations. Illustrations of the mass and form of the proposed Development. These may be provided as
a photograph of the property onto which the Development has been rendered, a computer simulation, an architectural site section, or other similar visual display technique. b. Map. A
map locating proposed roads and utilities and identifying the area proposed for development. c. Plans. Grading, landscaping, and illumination plans. d. Written Statement. A written statement
depicting how the Development mitigates visual impacts on affected ridgelines. P. Development Agreement. The BOCC may enter into a Development Agreement with the owner, specifying the
terms and conditions of approval and vesting of property rights. The requirements for a Development Agreement are set forth in Section 4-203.J. Q. Improvements Agreement. No Subdivision
Final Plat shall be approved by the BOCC until the Applicant has submitted an Improvements Agreement setting forth the plan, parties responsible and method for the construction of all
required public improvements shown on the Final Plat documents. Some divisions, such as Mminor Subdivisions or eExemptions may not require an improvements Agreement. The requirements
for an Improvements Agreement are set forth in Section 4-203.K., Improvements Agreement. 1. Compliance with Design Standards. The agreement or contract shall adhere to design standards
of the County or prevailing engineering practices as required by the BOCC. 2. Provisions for Timely Completion. The agreement shall make reasonable provision for completion of the specified
improvements in a specified time period, with appropriate phasing, as a condition of acceptance by the BOCC.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-31 3. Amount and Types of Security. Security required under the Improvements Agreement shall equal in value the Cost
of improvements to be completed, but shall not be required on the portion of the Development subject to Plat restriction. The amount of security may be incrementally reduced as improvements
are completed. Suitable collateral in an amount stipulated in the Improvements Agreement shall accompany the Final Plat submission to ensure completion of the public improvements according
to design and time specifications. The Improvements Agreement may include any 1 or a combination of the following types of security or collateral, as approved by the BOCC and the Applicant
may substitute security in order to release portions of the Subdivision or Exemption for sale, as approved by the BOCC, pursuant to C.R.S. § 30-28-101(11), as amended: a. Restrictions
on the conveyance, sale or transfer of any lot, lots, tract, or tracts of land within the Subdivision or Exemption as set forth in the Plat or as recorded by separate instrument; b.
Performance or property bonds; c. Private or public escrow agreements; d. Loan commitments; e. Assignments of receivables; f. Liens on property; g. Letters of credit; h. Deposits of
certified funds; and i. Other similar surety agreements. 4. Necessary deeds or transfer of property. 5. Provisions for construction of improvements. 6. Performance guarantees and letters
of credit. 7. Payment of sewer and water tap fees. 8. Payment of any other necessary fees. 9. Transfer of water rights. 10. Transfer of roads and improvements, rights-of-way, and other
common elements. 11. Agreements to provide digital and hard copies of “as built” plans. 12. Methods of providing perpetual maintenance of common property and equipment. 13. Provisions
for a Homeowner’s Association, including final covenants/restrictions and HOA materials. 14. Process for amending the Improvements Agreement. 15. Covenants and enforcement provisions.