HomeMy WebLinkAboutExhibit L - Article 5 Review Draft CLEANGARFIELD COUNTY, COLORADO Article 5: Divisions of Land PLANNING COMMISSION REVIEW DRAFT v1 CLEAN 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 5-101. Types of Land Division. ............................................................................................ 1 A. Definition of Subdivision.
............................................................................................. 1 B. Sales Prohibited Prior to Platting. ................................................................
................ 1 5-102. Processes Exempt from Subdivision and Exemption 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. ......................................................................................... 2 5-103. Subdivision and Exemption Reviews........................................................
.............. 2 A. Common Review Procedures. ..................................................................................... 2 B. Notice. ......................................................
................................................................... 2 DIVISION 2. SUBDIVISION EXEMPTIONS........................................................................... 4
5-201. Operation of Law. ..................................................................................................... 4 A. Split by Federal or State Right-of-Way Interest....................
........................................ 4 B. State Statutory Exemptions. ........................................................................................ 4 C. Municipal Annexation...........
........................................................................................ 4 5-202. Public/County Road Split Exemption...................................................................
... 4 A. Overview. .................................................................................................................... 4 B. Review Process............................................
............................................................... 4 C. Review Criteria. ...........................................................................................................
5 5-203. Rural Land Development Exemption....................................................................... 5 A. Overview. .......................................................................
............................................. 5 B. Review Process........................................................................................................... 5 C. Review
Criteria. ........................................................................................................... 5 DIVISION 3. SUBDIVISION........................................................
........................................... 6 5-301. Minor Subdivision Review. ...................................................................................... 6 A. Overview. ..................
.................................................................................................. 6 B. Review Process.................................................................................
.......................... 6 C. Review Criteria. ........................................................................................................... 7 5-302. Major Subdivision
Review........................................................................................ 7 A. Overview. .........................................................................................
........................... 7 B. Sketch Plan Review..................................................................................................... 7 C. Preliminary Plan Review..................
............................................................................ 8 D. Final Plan/Final Plat Review. .......................................................................................
8 5-303. Conservation Subdivision Review. ......................................................................... 9 A. Overview. ....................................................................
................................................ 9 B. Sketch Plan Review..................................................................................................... 9
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-II C. Yield Plan Review........................................................................................................
9 D. Preliminary Plan Review.............................................................................................. 9 E. Final Plan/Plat Review.................................................
...............................................10 5-304. Amended Preliminary Plan review. ........................................................................10 A. Overview. .....................
..............................................................................................10 B. Review Process.....................................................................................
.....................10 C. Review Criteria. ..........................................................................................................11 5-305. Amended Final Plat Review.
...................................................................................11 A. Overview. ....................................................................................................
...............11 B. Review Process..........................................................................................................11 C. Review Criteria ....................................
.......................................................................11 5-306. Common Interest Ownership Community Re-Subdivision Review......................11 A. Overview. .......................
............................................................................................11 B. Review Process.......................................................................................
...................12 C. Review Criteria. ..........................................................................................................12 DIVISION 4. GENERAL SUBMITTAL REQUIREMENTS......
...............................................13 5-401. Application Materials...............................................................................................13 A. Required
Submissions................................................................................................13 5-402. Description of Submittal Requirements.............................................
....................16 A. Professional Qualifications..........................................................................................16 B. General Application Materials. ...................
.................................................................16 C. Vicinity Map. ...............................................................................................................16
D. Sketch Plan Map. .......................................................................................................16 E. Preliminary Plan Map..................................................
................................................18 F. Final Plan. ..................................................................................................................20
G. Final Plat. ...................................................................................................................20 H. Yield Plan Site Map. ..........................................
.........................................................21 I. Open Space Plan. ......................................................................................................22
J. Landscape Plan..........................................................................................................22 K. Erosion and Sediment Control Plan. ...................................
........................................23 L. Water Supply Plan......................................................................................................23 M. Wastewater
Management Plan...................................................................................23 N. Impact Analysis. ..............................................................................
...........................23 O. Visual Analysis. ..........................................................................................................23 P. Development Agreement.
...........................................................................................23 Q. Improvements Agreement. ..............................................................................
...........23
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-1 ARTICLE 5: DIVISIONS OF LAND DIVISION 1. GENERAL PROVISIONS. 5-101. TYPES OF LAND DIVISION. Division of land is classified
by the County as either a “Subdivision” or an “Exemption.” A. Definition of Subdivision. The division of land into 2 or more parcels is a Subdivision and subject to Subdivision Review
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 sections 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. 5-102. PROCESSES 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 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. 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. 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. 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. 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. 5-103. SUBDIVISION
AND EXEMPTION REVIEWS. A. Common Review Procedures. Subdivisions and Exemptions shall be processed according to Table 5-103, Common Review Procedures and Required Notice. Sections 5-202
through 5-306 provide additional requirements for each procedure. B. Notice. Notice shall be provided pursuant to Table 5-103, and shall be consistent with Section 4-101.E.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-3 Table 5-103: 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 Exemptions 5-202 Public/County Road Split D Per Administrative Review Section 4-102 and 4-103. 5-203 Rural Land Development (10 Lots or
Fewer) BOCC 5-203 Rural Land Development (Greater than 10 Lots) PC BOCC All types of notice for both PC and BOCC. Minor Subdivision 5-301
Minor Subdivision D Notice must be completed at least 21 days prior to the 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 ------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 4-103. 5-306 Common Interest Community Re-Subdivision D Per Administrative Review Section 4-102 and 4-103.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-4 DIVISION 2. SUBDIVISION EXEMPTIONS. 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 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, 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. 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 as exempt from the definition of Subdivision but
subject to Exemption Review. A. Overview. Any parcel of land split by a local or County road (i.e. neither Federal nor State), or public right-of-way included in the County highway system
where the location of the public or County right-of-way prevents joint use of the proposed lots. B. Review Process. A Public/County Road Split Exemption shall be reviewed in accordance
with section 4-103, Administrative Review, and consistent with Table 5-103 with the following modification. 1. The applicant shall submit the Final Plat to the BOCC for signature prior
to recording with the County Clerk and Recorder.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-5 C. Review Criteria. Approval of a Public/County Road Split Exemption shall require a factual finding of the following:
1. The right-of-way prevents joint use of affected, proposed lots; 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. 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 (RLDE) as exempt from the definition of Subdivision but subject
to Exemption Review. A. Overview. The RLDE will be applied on a case-by-case basis to 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 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 of
Article 8, Affordable Housing, shall not apply to RLDEs. 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. C. Review Criteria. An application for a RLDE shall meet the following criteria: 1. The RLDE is
in general conformance with the Comprehensive Plan, and complies with any applicable Intergovernmental Agreements.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-6 2. The RLDE lots have sufficient legal and physical source of water pursuant to Section 7-104. 3. The RLDE lots have
legal and adequate access pursuant to Section 7-107, Access and Roadways. 4. The RLDE does not create hazards identified in Section 7-209 and Section 7-210 or exacerbate existing hazards.
5. The RLDE lots have an adequate water distribution system and wastewater disposal system pursuant to Section 7-105. 6. Development and use of the Remainder Parcel shall be restricted
to 1 dwelling unit plus an Accessory Structure for agricultural use. 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. 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. 9. All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office. DIVISION 3. SUBDIVISION. 5-301. MINOR SUBDIVISION REVIEW. A. Overview. 1. A Minor
Subdivision is any Subdivision that: a. Creates no more than 3 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 a County right-of-way. 2. A parcel may be eligible to use the Minor Subdivision process numerous times, so long as it 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. 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 RLDE pursuant to section 5-204. B. Review Process. A Minor Subdivision application shall be reviewed pursuant
to section 4-103, Administrative Review, with the following modification: 1. Public notice shall be posted and mailed at least 21 days prior to the Director’s Decision.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-7 C. Review Criteria. In considering a Minor Subdivision application, the application shall demonstrate the following:
1. The Final Plat meets the requirements per Section 5-402.G, Final Plat. 2. It complies with the requirements of the applicable zone district and this Code. 3. It 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. Satisfactory evidence of adequate and legal access
has been provided. 6. Any necessary easements, including but not limited to drainage, irrigation, utility, road and water service, have been obtained. 7. The proposed Subdivision has
the ability to provide an adequate sewage disposal system. 8. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rockfall and poor soils, shall
be mitigated, to the extent practicable. 9. 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. 10. All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office. 11. The approved
Plat shall indicate the remaining number of lots, if any, that may be requested using the Minor Subdivision process. 12. All fees, including Road Impact and School Land Dedication fees,
shall be paid. 5-302. MAJOR SUBDIVISION REVIEW. A. Overview. Applications for a Major Subdivision shall be processed according to Table 5-103 and consistent with the following procedures:
B. Sketch Plan Review. 1. Overview. The Sketch Plan Review is an optional 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 5-103 with the following modifications: a. The Planning Commission shall conduct a conceptual
review of the proposal. The Planning Commission’s comments and recommendations are not binding. 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:
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-8 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 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 5-103. 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; 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 requesting a Final Plan/Final Plat. 2. Review Process. Applications for Final Plan/Final Plat shall be processed according to Table 5-103 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-9 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 recording until the BOCC has approved
an improvements agreement. d. The Plat does not become effective until it is properly recorded with the County Clerk and Recorder. 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. A Conservation Subdivision shall be processed according to Table 5-103 and consistent with the following procedures. B. Sketch Plan Review. Section 5-302.B outlines the process
for a Sketch Plan Review. This process is optional for a Conservation Subdivision. C. Yield Plan Review. 1. Applicability. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-10 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 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. 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. 5-304. AMENDED PRELIMINARY PLAN REVIEW. A. Overview. Any proposal to change an approved Preliminary Plan shall require application to the Director for amendment of the Preliminary
Plan. B. Review Process. An application for an Amended Preliminary Plan shall be processed according to Table 5-103 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 Director 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 Amended
Preliminary Plan.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-11 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 substantial, even if the Director finds the request to be minor in nature. 2. Notice of Determination. The 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 4-113, 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. 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 Amended Final 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 2-202, 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 5-103 with the following modification: 1. The Amended Final Plat
shall be presented to the BOCC for signature, prior to recording with the County 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 any new roads; or 3. Will correct technical errors such as surveying
or drafting errors. 5-306. COMMON INTEREST OWNERSHIP COMMUNITY RE-SUBDIVISION 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
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-12 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. B. Review
Process. An application for a ee-subdivision of a Final Plat into Common Interest Ownership Community shall be processed according to section 4-103, Administrative Review, and consistent
with Table 5-103 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. The proposed Re-subdivision
Final Plat 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-13 DIVISION 4. GENERAL SUBMITTAL REQUIREMENTS. 5-401. APPLICATION MATERIALS. A. Required Submissions. The following
are the application materials required for permits and approvals and for divisions of land. Section 5-402 provides a detailed description of each submittal requirement.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-14 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) Wastewater Management Plan (4-203.N) 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. 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., and G. 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 5-15 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) Wastewater Management Plan (4-203.N) Visual Analysis (5-402.O.) Written Narrative/Additional Submissions Application Type access,
water supply and sewer system. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-16 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; 7. Roads, railroad
tracks, irrigation ditches, fences, and utility lines on or adjacent to the parcel;
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-17 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; 14. Existing and proposed roads,
railroad tracks, irrigation ditches, fences, and utility lines on or adjacent to the parcel, shown by location and dimension;
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-18 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 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. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-19 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. 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 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-20 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. 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.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-21 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 these recorded documents shall be shown on the Plat prior to the Plat being recorded. 17. All required Plat notes, exemptions, contracts, 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
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-22 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. 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. Section 4-203.F. outlines the requirements for a Landscape Plan.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-23 K. Erosion and Sediment Control Plan. Section 4-203.E. outlines the requirements for an Erosion and Sediment Control
Plan. L. Water Supply Plan. Section 4-203.M. outlines the requirements for a Water Supply Plan. M. Wastewater Management Plan. Section 4-203. N. outlines the requirements for a Wastewater
Management Plan. N. Impact Analysis. Section 4-203.G. outlines the requirements for an Impact Analysis. 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
may be provided as a photograph of the property onto which the development has been rendered, a computer simulation, an site section, or by other similar 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. Section 4-203.J. sets forth the requirements for development agreements. 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 Minor Subdivisions or Exemptions, may not require an improvements agreement. Section 4-203.K. sets forth the requirements
for improvement agreements.