CHAPTER 17

Subdivisions

Article I	Regulations Generally

Sec. 17-1-05	Subdivision plat required; jurisdiction

Sec. 17-1-10	Preapplication conference

Sec. 17-1-20	Review costs

Sec. 17-1-30	Filing deadlines and applications

Sec. 17-1-40	Definitions

Sec. 17-1-50	Public notice requirement; hearing procedure

Sec. 17-1-60	Submittal requirements

Article II	Sketch Plan

Sec. 17-2-10	Purpose

Sec. 17-2-20	Review procedure

Sec. 17-2-30	Concurrent filing for preliminary and final plans

Article III	Preliminary Plan

Sec. 17-3-10	Purpose

Sec. 17-3-20	Review procedure

Article IV	Final Plat

Sec. 17-4-10	Purpose

Sec. 17-4-20	Review procedure

Article V	Planned Unit Developments

Sec. 17-5-10	Intent

Sec. 17-5-20	Uses permitted

Sec. 17-5-30	Where permitted

Sec. 17-5-40	Effects of designation

Sec. 17-5-50	Review and approval

Sec. 17-5-60	Increased lot coverage

Sec. 17-5-70	Minimum spacing between structures

Article VI	Utility Requirements

Sec. 17-6-10	Drainage and storm sewers

Sec. 17-6-20	Water facilities

Sec. 17-6-30	Wastewater facilities

Sec. 17-6-40	Other utilities

Article VII	Agreements

Sec. 17-7-10	Development agreements

Sec. 17-7-20	Subdivision improvement agreements

Sec. 17-7-30	Bulk land subdivision agreements

Sec. 17-7-40	Annexation agreements

Sec. 17-7-50	Cost recovery agreements

Sec. 17-7-60	Recovery cost agreement content

Article VIII	Minor Subdivisions

Sec. 17-8-10	Applicability

Sec. 17-8-20	Procedure

Article IX	Review Applications

Sec. 17-9-10	Purpose

Sec. 17-9-20	Staff review procedure

Sec. 17-9-30	Approval limitations

Article X	Public Land Dedications

Sec. 17-10-10	General policy

Sec. 17-10-20	Public dedications to the Town

Sec. 17-10-30	Commercial and industrial (or other nonresidential) subdivisions

Sec. 17-10-40	Residential subdivisions

Sec. 17-10-50	Special conditions for dedicated public lands

Sec. 17-10-60	Miniparks standards

Sec. 17-10-70	Homeowners associations

Sec. 17-10-80	Streets, roads, pathways and easements

Article XI	Vested Property Rights

Sec. 17-11-10	Definitions

Sec. 17-11-20	Notice and hearing

Sec. 17-11-30	Application requirements

Sec. 17-11-40	Other provisions unaffected

Sec. 17-11-50	Amendments

Sec. 17-11-60	Notice of approval

Sec. 17-11-70	Payment of costs

Sec. 17-11-80	Limitations

Article XII	Vacating Plats

Sec. 17-12-10	Suspension, withdrawal or termination of approval of plat

ARTICLE I

Regulations Generally

Sec. 17-1-05.	Subdivision plat required; jurisdiction.

(a)	Whoever divides or participates in the division of a lot, tract or parcel of land into two (2) or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale, transfer of ownership or building development, or who desires to build a structure upon any tract of land that has not been previously platted, shall make the transaction subject to the provisions of this Chapter and a plat or other applicable approval therefor must be submitted to and accepted by the Town according to the terms set forth in this Chapter. The terms of this Chapter shall also include and refer to any division of land previously subdivided or platted.

(b)	The provisions of this Chapter shall not apply to the following:

(1)	Any division of a tract of land that creates parcels of land each of which comprise thirty-five (35) or more acres of land, none of which is intended for use by multiple owners, where such subdivision does not involve the creation of any new streets or easements of access as may be determined by the Planning Commission;

(2)	Any division of land to heirs through an estate proceeding;

(3)	Any division of land by the foreclosure of a deed of trust;

(4)	Any division of land for the purpose of providing to the Town, whether by sale and purchase, dedication or any other method of conveyance, right-of-way for the widening or other improvements of Town streets or land for any other authorized municipal purpose; and

(5)	Any division of land otherwise expressly exempted by the provisions of this Chapter.

(c)	No plat or other document purporting to accomplish a division of land subject to this Chapter shall be used for purposes of sale, transfer of ownership or building development, or filed and recorded until approved by the Town, with such approval entered in writing on the plat or other document required hereunder and signed by the Mayor or other authorized Town official.

(d)	No building permit shall be issued, no development shall be permitted and there shall be no installation of utilities, streets, curbs or gutters whatsoever unless a utility and street plan and subdivision plat or, if applicable, boundary line adjustment, has been approved by the Board of Trustees and recorded in the office of the Weld County Clerk and Recorder. (Ord. 2008-05, §1

Sec. 17-1-10.	Preapplication conference.

Prior to submitting a formal application, applicants shall confer with the Administrator in order to obtain information and guidance. The purpose of such a conference is to familiarize the applicant with the Town's requirements, procedures and Comprehensive Plan prior to substantial commitments of time and money toward the preparation of plans, surveys and other studies. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1)

Sec. 17-1-20.	Review costs.

The full cost of review of each application shall be paid by the applicant. Concurrent with, or following, the preapplication conference the Administrator shall provide an estimate of review costs to the applicant. This estimate shall include the cost of administrative, engineering, legal and any other technical review deemed appropriate by the Administrator. Payment of the estimated costs shall be made concurrent with the submittal of the Sketch Plan for each application. In the case of a multi-phase project, a separate estimate, and payment, shall be made prior to the submission and review of each phase. (Ord. 1-96, 1996, §1)

Sec. 17-1-30.	Filing deadlines and applications.

(a)	Unless otherwise specified and agreed to by the Administrator, applications shall be filed with the Town at least thirty (30) days prior to the date of hearing by the Planning Commission or Board of Trustees. Reviews subject to the approval of the Administrator shall be submitted at least fifteen (15) days prior to the requested date for a decision.

(b)	Only complete applications shall be accepted as meeting the above deadlines; partial or incomplete applications shall be accepted, but will not be scheduled for review and hearings until all required elements of the application package have been received by the Town. An application shall be considered complete for processing by the Administrator if it includes information sufficient to meet the requirements of the specific application.

(c)	Nothing in this regulation shall prevent the Administrator, the Planning Commission or the Board of Trustees from requesting additional information in the course of the review if it is deemed necessary to determine compliance with the requirements of this regulation or any other governing the application. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1)

Sec. 17-1-40.	Definitions.

The definitions of Section 16-1-70 of this Code shall apply to this Chapter. (Ord. 1-98, 1998, §1)

Sec. 17-1-50.	Public notice requirement; hearing procedure.

Public hearings for applications filed under this Chapter shall be conducted in accordance with procedures designed to ensure all interested parties due process of law and shall, in all cases, meet the requirements of this Section.

(1)	The Planning Commission shall provide to the Board of Trustees a recommendation on the application. A public hearing before the Planning Commission shall be held prior to submitting its recommendation or report. The Board of Trustees shall then hold a public hearing on the application.

(2)	Notice of public hearings shall be provided as follows:

a.	Sent by first-class mail to all real property owners owning property located within three hundred (300) feet of the property in question at least fifteen (15) days prior to the public hearing; however, the failure to send or receive this notice shall not be deemed to deprive the decision-making body of jurisdiction.

b.	Published in a newspaper of general circulation within the Town at least fifteen (15) days prior to the public hearing.

c.	Posted on the subject property at least ten (10) days prior to the public hearing.

(3)	All notices shall include:

a.	A statement of the nature of the matter to be considered;

b.	The time, date and place of the public hearing;

c.	The legal description of the property that is the subject of the request; and

d.	The agency or office and address where further information may be obtained.

(4)	The Town shall be responsible for meeting the published notice requirements, and the applicant shall be responsible for meeting the mailing and posting requirement. Prior to the public hearings, the applicant shall provide evidence that it has provided notice as required in this Section. Such evidence may be in the form of a mailing list and posting log. (Ord. 1-96, 1996, §1; Ord. 2007-06, 2007, §5)

Sec. 17-1-60.	Submittal requirements.

Submittal requirements for subdivisions shall be established through resolution adopted by the Board of Trustees. (Ord. 1-96, 1996, §1)

ARTICLE II

Sketch Plan

Sec. 17-2-10.	Purpose.

The purpose of the sketch plan is to allow a review of the concept for development and the overall feasibility of the project. The review at this stage also allows the staff and Planning Commission to judge the level of appropriateness of the proposed use, as well as identify potential problems which must be resolved prior to final approval of the plan. Submittal requirements shall be established through resolution adopted by the Board of Trustees. (Ord. 1-96, 1996, §1)

Sec. 17-2-20.	Review procedure.

(a)	Referrals. All applications shall be referred to representatives of other governmental agencies and utility companies for comment. Based upon the comments of the referrals, the Administrator shall prepare a report with recommendations to the Planning Commission.

(b)	If the review and comments reveal that the application has deficiencies which require significant additional work or further discussion, the Administrator may defer sending the matter to the Planning Commission until the outstanding issues have been addressed adequately by the applicant.

(c)	Planning Commission. At the next regular meeting following the filing date for applications, the Planning Commission shall consider the sketch plan and the report and recommendations of the Town staff pertaining to the application. The Planning Commission, using criteria established elsewhere in this Chapter, the Comprehensive Plan and this Code, shall approve the application, grant approval with modifications or deny the application.

(d)	Appeal to Board of Trustees. Decisions of the Planning Commission may be appealed to the Board of Trustees. A written appeal of any action by the Planning Commission shall be filed within fourteen (14) calendar days following the Planning Commission decision.

(e)	Board of Trustees action.

(1)	Appeals to the Board of Trustees. Decisions of the Planning Commission appealed to the Board of Trustees shall be heard, after giving ten (10) days' written notice to the applicant, at a regularly scheduled meeting. The Board of Trustees shall, using criteria established elsewhere in this Chapter, the Comprehensive Plan and this Code, approve the application, grant approval with modifications or deny the application.

(2)	Board of Trustees review. The Board of Trustees may call up for review any sketch plan acted upon by the Planning Commission. Notice of such review must be requested in writing from three (3) or more Board members, or a majority decision of the Board members at a regularly scheduled Board meeting within fourteen (14) days following the Planning Commission decision.

(3)	Approval of the sketch plan does not bind the Planning Commission or Board of Trustees to accept the preliminary plan or final plat. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1)

Sec. 17-2-30.	Concurrent filing for preliminary and final plans.

For major developments with approved sketch plans, the applicant may file the preliminary and final plans concurrently when authorized by the Administrator. In no case shall an applicant be permitted to file these plans concurrently without a previously approved sketch plan. Applicants making concurrent filings shall be on notice that changes required of the preliminary plans must be made prior to the final plan approval. (Ord. 1-96, 1996, §1)

ARTICLE III

Preliminary Plan

Sec. 17-3-10.	Purpose.

The purpose of the preliminary plan is to allow a full review of all technical aspects of the subdivision. Submittal requirements for preliminary plans shall be established through resolution adopted by the Board of Trustees. (Ord. 1-96, 1996, §1)

Sec. 17-3-20.	Review procedure.

(a)	Referrals. All applications shall be referred to representatives of other governmental agencies and utility companies for comment. Based upon the comments of the referrals, the Administrator shall prepare a report with recommendations to the Planning Commission.

(b)	Additional information; deficiencies; conditions.

(1)	As a condition of approval of any preliminary plat, the applicant shall submit proof of compliance with the requirements of Sections 24-65.5-101, et seq., and 31-23-215, C.R.S., regarding notice to surface owners, mineral owners and lessees of mineral owners.

(2)	If the review and comments reveal that the application has deficiencies which require significant additional work or further discussion, the Administrator may defer sending the matter to the Planning Commission until the outstanding issues have been addressed adequately by the applicant.

(c)	Planning Commission.

(1)	After the filing of applications, the Planning Commission, after notice and public hearing, shall consider the preliminary plan and the report and recommendations of Town staff pertaining to the application. The Planning Commission, using criteria established elsewhere in this Chapter, the Comprehensive Plan, the Subdivision Regulations and this Code, shall make its recommendation to the Board of Trustees to approve the application, grant approval with modifications or deny the application.

(2)	The Planning Commission shall, within fourteen (14) days of its action, forward to the Board of Trustees for approval or disapproval the preliminary plat as approved by the Planning Commission, together with any conditions attached to such approval.

(d)	Board of Trustees action. Within one hundred twenty (120) days after the Board of Trustees has received a preliminary plat from the Planning Commission, the Board of Trustees shall hold a public hearing and approve, disapprove or approve with conditions the preliminary plat.

(e)	Approval of the preliminary plan does not bind the Planning Commission or Board of Trustees to accept the final plat.

(f)	Plat expiration. Any preliminary plat for which any approval has been granted shall expire one (1) year from the date of such approval if a final plat conforming to such preliminary plat approval has not been filed within such one-year period of time. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1; Ord. 1-02, 2002; Ord. 2007-06, 2007, §§6—9)

ARTICLE IV

Final Plat

Sec. 17-4-10.	Purpose.

The purpose of the final plan or plat is to provide a legal document that will be a part of the Town and/or County records describing the development rights and land descriptions of the property. The final plan shall include all final agreements between the owner or developer and the Town. Submittal requirements for final plats shall be established through resolution adopted by the Board of Trustees. (Ord. 1-96, 1996, §1)

Sec. 17-4-20.	Review procedure.

(a)	On a finding by the Administrator that a complete plan has been submitted and referred to all applicable public agencies for review, the final plat will be scheduled for public hearings before the Planning Commission and Board of Trustees. After considering the recommendation by the Planning Commission, the Board of Trustees may approve the application, approve with modifications or conditions or deny the application using the criteria set forth in this Chapter, the Comprehensive Plan, the Subdivision Regulations and this Code. If the final plat is an annexation plat, the ordinance for annexation and zoning may be considered concurrently at the time of the reading of the annexation ordinance.

(b)	Recording and filing requirements. The Town Clerk shall cause the final plat and written agreements to be recorded with the County Clerk and Recorder and shall return one (1) executed copy to the applicant. The Town Clerk shall also file copies of the plats and annexation ordinances as required by state statutes.

(c)	Withdrawal of subdivision plat or annexation plat request. If the subdivider fails to submit to the Administrator a final plat conforming to the approved preliminary plat or any other requested document within ninety (90) days after the advertised public hearing on the preliminary plat or annexation request, all official approval of the Board of Trustees or Planning Commission in regard thereto shall be deemed withdrawn.

(d)	Administrative requirements. The Administrator may set reasonable deadlines for the filing of plans for consideration by the staff, the Planning Commission and the Board of Trustees to allow adequate time for examination by their members. The Administrator shall also make available at a reasonable cost, copies of this Chapter and other related documents and shall provide a checklist to serve as a guide to the requirements of this Chapter for the applicants. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1; Ord. 2007-06, 2007, §10)

ARTICLE V

Planned Unit Developments

Sec. 17-5-10.	Intent.

It is the intent that Planned Unit Developments (P.U.D.s) promote the most beneficial and creative development of land within the Town. Through the use of P.U.D. regulations, it is intended to permit greater flexibility in the location of buildings, mixtures of land use, open space and consequently, more imaginative design for development than would be generally possible under conventional zoning or subdivision regulations. These regulations are also intended to promote a high level of landscaping and open space amenities, convenient and safe vehicular circulation and creative residential, commercial and industrial development consistent with the Comprehensive Plan and other approved plans of the Town. (Ord. 1-96, 1996, §1)

Sec. 17-5-20.	Uses permitted.

A P.U.D. may allow only an approved use, accessory use or special review use permitted within the underlying zone, except that any P.U.D. may allow an office, limited retail space of under four thousand (4,000) square feet, intended primarily to serve the P.U.D. or recreational use associated with the P.U.D. (Ord. 1-96, 1996, §1)

Sec. 17-5-30.	Where permitted.

A P.U.D. may be permitted in any zoning district within the Town, subject to the review and approval of the Planning Commission and the Board of Trustees as required by this Chapter. (Ord. 1-96, 1996, §1)

Sec. 17-5-40.	Effects of designation.

(a)	Approval of a P.U.D. shall have the effect of overlaying the existing zoning and thereby adding to and modifying the existing zoning regulations. If there is conflict between the provisions of the underlying zoning district and the P.U.D., the regulation of the underlying zone shall apply unless specifically addressed in the provisions of the approved P.U.D.

(b)	A P.U.D. may modify any of the measurable standards of this Chapter.

(c)	When a P.U.D. is approved by the Board of Trustees, the zoning description for that lot, tract or parcel on the official zoning map shall include the suffix "(PUD)." For example, an approved site for a P.U.D. that is zoned R1 would then have the designation "R1-PUD." (Ord. 1-96, 1996, §1)

Sec. 17-5-50.	Review and approval.

Approval of a P.U.D. shall be accomplished in accordance with the procedures outlined in Section 17-1-30 and Articles III and IV of this Chapter. (Ord. 1-96, 1996, §1; Ord. 2007-06, 2007, §11)

Sec. 17-5-60.	Increased lot coverage.

An increase of lot coverage of not more than twenty-five percent (25%) may be granted in a residential district. An increase of not more than fifty percent (50%) may be granted in nonresidential districts. (Ord. 1-96, 1996, §1)

Sec. 17-5-70.	Minimum spacing between structures.

(a)	Minimum spacing between structures is required to ensure adequate privacy, light, ventilation and fire protection while encouraging more creative and imaginative design.

(b)	No building shall be located within fifteen (15) feet of another building. (Ord. 1-96, 1996, §1)

ARTICLE VI

Utility Requirements

Sec. 17-6-10.	Drainage and storm sewers.

(a)	The developer shall be responsible for the conveyance of all stormwater flowing through the site and for the planning, design and installation of an adequate drainage system in accordance with all applicable Town standards and specifications.

(b)	Drainage studies of existing and future flows into and out of the subdivision site shall be prepared by a registered engineer and all studies shall be approved by the Town.

(c)	The Town shall not approve any subdivision plat which does not make adequate provisions for stormwater and flood runoff.

(d)	The stormwater drainage system shall be separate from and independent of the sanitary sewer system.

(e)	The Town shall allow the use of streets for drainage within the limitations stated in the Town's standards and specifications.

(f)	When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage easements shall be secured by the developer, indicated on the final plat of subdivision and shown by an appropriate instrument of grant which shall be with the County Clerk and Recorder.

(g)	Drainage, flood and watercourse areas and flow shall be retained in their natural state to the maximum extent feasible.

(h)	Drainage construction plans shall be submitted to the Town for approval in accordance with this Chapter and other applicable Town codes and requirements.

(i)	In general, subdivision drainage facilities shall be located within the proposed subdivision and shall be designed to accommodate the minor and major storms, unless regional detention facilities exist within the subject watershed. The drainage facilities for the proposed subdivision shall be designed to accept the historic flows from areas upstream of the subdivision site and release flows from the subdivision site in a manner which does not adversely affect downstream properties. (Ord. 1-96, 1996, §1)

Sec. 17-6-20.	Water facilities.

(a)	The developer shall be responsible for the extension and/or creation of water transmission facilities and mains to and within the subdivision. The water mains shall be of sufficient size and pressure to transmit water for potable use, landscape watering, fire suppression and other uses permitted by the zoning classification of the land.

(b)	The water system shall be designed and installed by the developer in accordance with the requirements of the Town's standards and specifications.

(c)	Water mains shall be installed to serve each lot in the subdivision.

(d)	Water mains shall be located in dedicated street rights-of-way, unless specifically approved on the final plat.

(e)	If water mains are allowed outside of dedicated right-of-way, all existing and proposed easements for water lines shall be shown on the final plat and dedicated to the Town.

(f)	Easements for water lines shall be a minimum of twenty (20) feet in width for one (1) line and thirty (30) feet in width for two (2) lines or as required by the Town to accommodate the installation and maintenance of the lines and facilities.

(g)	Easements for water lines shall be dedicated as exclusive easements and no structure or other obstruction other than fences or landscaping shall be allowed within a waterline easement.

(h)	Water line easements acquired in adjoining properties shall be recorded with the County Clerk and Recorder as a condition of final plat approval.

(i)	All nontributary groundwater shall be dedicated to the Town.

(j)	The developer shall install and maintain the exterior fire suppression system, including fire hydrants, for the subdivision in accordance with the requirements of the Town. Such maintenance shall continue until final acceptance of the system by the Town.

(k)	The fire suppression system shall be detailed in the construction drawings submitted to the Town. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1)

Sec. 17-6-30.	Wastewater facilities.

(a)	The developer shall be responsible for the extension and/or creation of wastewater transmission facilities and lines to and within the subdivision. The wastewater collection lines shall be sufficient to transmit wastewater for uses permitted by the zoning classification of the land.

(b)	The wastewater system shall be designed and installed by the developer in accordance with the requirements of the Town's standards and specifications.

(c)	Wastewater collection lines shall be installed to serve each lot in the subdivision.

(d)	Private sewage disposal systems will be discouraged unless access to the existing wastewater collection system cannot be reasonably obtained.

(e)	If a private sewage disposal system is proposed, the following conditions will apply:

(1)	The system shall conform to the requirements of the Town's standards and specifications.

(2)	The developer shall obtain all required permits from the County Health Department and State Health Department.

(3)	All cost of maintenance and repair shall be borne by the developer, its successors and assigns, and shall be deemed an obligation running with the land. Indication of such responsibility shall be placed on the final plat prior to approval.

(f)	All existing and proposed easements for wastewater lines and facilities shall be shown	on the final plat and dedicated to the Town.

(f)	Easements for wastewater lines shall be a minimum of twenty (20) feet in width for one (1) line and thirty (30) feet in width for two (2) lines or as required by the Town to accommodate the installation and maintenance of the lines and facilities.

(g)	Easements for wastewater lines shall be dedicated as exclusive easements and no structure or other obstruction other than fences or landscaping shall be allowed within a wastewater easements

(h)	Wastewater line easements acquired in adjoining properties shall be recorded with the County Clerk and Recorder as a condition of final plat approval. (Ord. 1-96, 1996, §1)

Sec. 17-6-40.	Other utilities.

(a)	All new utility lines, including but not limited to gas, electric power, telephone and cable television lines, shall be located underground throughout the subdivision.

(b)	Existing overhead utility lines shall be buried with the exception of major transmission line facilities.

(c)	Utility appurtenances, where feasible, shall be located underground and away from public activity areas such as parks, playgrounds and schools within the subdivision.

(d)	If utility appurtenances shall be located above ground in public activity areas such as parks, playgrounds and schools or in areas subject to public assembly, they shall be subject to the following conditions:

(1)	Aboveground utilities shall be located in areas where they are visually unobtrusive.

(2)	Aboveground utilities shall be located sufficiently away from public rights-of-way to avoid potential danger to the public.

(3)	Aboveground utilities shall be screened from view by a method approved by the Town.

(e)	Underground service connections to the street property line of each platted lot in a subdivision, and other utility improvement required by the Town and/or utility provider, shall be installed and maintained at the developer's expense until such responsibility is assumed in perpetuity by a property owner or homeowner's association.

(f)	Preparation of all utility plans shall be the responsibility of the developer in coordination with each utility provider and the Town. The plans shall adhere to all requirements of this Chapter, the Town and the utility provider.

(g)	Adequate easements shall be provided for all public and private utilities as determined by those utilities. All such easements shall be shown and dedicated on the final plat.

(h)	Utility easements shall be located along the rear lot line of each lot in the subdivision.

(i)	Where topographical or other conditions make the location of utility easements along the rear lot lines infeasible, an unobstructed easement shall be provided along the side lot line with appropriate access to a public road or rear lot lines.

(j)	Utility easements acquired in adjoining properties to provide service to the proposed subdivision shall be recorded with the County Clerk and Recorder. (Ord. 1-96, 1996, §1)

ARTICLE VII

Agreements

Sec. 17-7-10.	Development agreements.

The Town will execute agreements with property owners to assure each party that the Town and the owner will provide the public services or improvements required for development. These agreements will cover subdivision improvements, bulk land variances, annexation and the costs of oversized or off-site improvements. (Ord. 1-96, 1996, §1)

Sec. 17-7-20.	Subdivision improvement agreements.

(a)	After preliminary plat approval, the subdivider cannot obtain final subdivision plat approval until he or she provides for the installation of all public improvements required by the development. Except as otherwise provided in this Article, the subdivider shall be responsible for the cost and construction of all wastewater, water or drainage facilities, streets, alleys, sidewalks, curbs, gutters, fire hydrants and related appurtenance in and through his or her property or development.

(b)	The subdivider may install the improvements for acceptance by the Town before submitting the final plat. He or she also may obtain the final plat approval before completion of the required infrastructure, if he or she enters into a subdivision improvements agreement that provides financial guarantees for the completion of the required infrastructure.

(c)	The subdivision improvements agreement will identify the required infrastructure improvements, which will be contained in construction documents approved by the Town. It will provide for the installation of the improvements to the satisfaction of the Town within two (2) years. The agreement will require the subdivider to provide a financial guarantee equal to one hundred twenty-five percent (125%) of the estimated cost of constructing the improvements. The guarantee must be irrevocable and may be in the form of a performance bond, letter of credit, cashier's check, escrow deposit or other pledge of liquid assets. The agreement shall give the Town the right to draw upon the financial guarantee to collect sufficient funds if necessary to complete the improvements in accordance with the approved specifications if the subdivider defaults on the agreement. (Ord. 1-96, 1996, §1)

Sec. 17-7-30.	Bulk land subdivision agreements.

(a)	Bulk land subdivisions establish zone and parcel boundaries for planned developments, dedicate rights-of-way, grant easements or convey properties to intermediate land holders who will not be the ultimate land developers or end users. Bulk land subdivision plats usually do not result in construction until further subdivision or site plans are prepared.

(b)	In these cases, the Town may grant a delay or waiver of required financial guarantees for construction of some or all required improvements where:

(1)	The subdivision will facilitate a bulk land conveyance;

(2)	Further subdivision or site plan review will occur prior to the use of the land for building purposes; and

(3)	It is possible to assure or guarantee the installation of necessary improvements to meet development requirements as they arise.

(c)	Upon approval of a bulk land subdivision, the subdivider and the Town will execute and record an agreement notifying subsequent purchasers that future subdivision or site plans for the property will require the provisions for the installation of infrastructure improvements before development. (Ord. 1-96, 1996, §1)

Sec. 17-7-40.	Annexation agreements.

The Town and owners of land annexed into Town will enter into annexation agreements concerning the provision of required water, sanitary sewer, drainage and other public facilities and services required for the development of the property. This agreement shall cover the applicant's acceptance of the Town's land development requirements, the adequacy of existing public facilities to serve the annexed properties and provision of required public improvements. (Ord. 1-96, 1996, §1)

Sec. 17-7-50.	Cost recovery agreements.

(a)	Sewer, water or drainage facilities.

(1)	The Town may require a subdivider to construct a larger public facility than required for the development of the subdivider's property in order to serve the needs of adjacent property owners. When this occurs, the Town may enter into an agreement with the subdivider to collect from adjacent landowners a pro rata share of the construction costs and refund such costs to the subdivider at the time of each connection.

(2)	When the subdivider needs to construct sewer and/or water service facilities through or adjacent to unserviced or undeveloped lands, he or she shall pay the entire costs of such facilities. However, the Town may agree to charge a pro rata assessment to each additional owner who connects into the facility. The Town shall collect and refund each assessment to the subdivider at the time of each connection.

(3)	When lift stations or force mains are required, the cost of constructing said stations or mains shall be the responsibility of the property initially served. If the pump station and force mains can serve more area or land or if the Town requires more capacity than necessary to serve the initial development, the Town and the subdivider may enter into a cost recovery agreement that provides for the Town to collect a pro-rata share of the construction costs from adjacent owners at the time of their connection and refund such costs to the subdivider.

(4)	If lift stations and force mains are required, the system shall be designed where possible so as to permit an eventual connection into a gravity system with minimal expense. Where practicable, the subdivider shall grant easements and construct lines to tie into the gravity system. The Town may require deposits, when deemed necessary, to pay for the eventual construction of gravity lines.

(b)	Streets, alleys, sidewalks, curbs, gutters or fire hydrants. A subdivider shall pay the entire cost of streets, alleys, sidewalks, curbs, gutters or fire hydrants that he or she constructs on, through or adjacent to unserviced or undeveloped lands. However, the Town may agree in writing to collect a pro rata share of the costs from the owner of property served by such facilities at the time of construction and refund such costs to the subdivider. All streets and related improvements are to be constructed to the specifications adopted by the Town. (Ord. 1-96, 1996, §1)

Sec. 17-7-60.	Recovery cost agreement content.

(a)	If a subdivider desires to enter into a recovery agreement with the Town, he or she shall provide a complete detailed summary of all the construction costs to the Administrator within ninety (90) days after completion of construction.

(b)	The subdivider and the Administrator shall jointly determine the service area of the facilities constructed by the owner or developer, and shall jointly determine a per-front-foot, per-lot or per-acre recovery charge for said service area based upon the total construction cost submitted by the subdivider and approved by the Administrator. If the subdivider and the Town disagree on the amount, the determination of the Administrator shall be final for the purpose of review by the Board of Trustees.

(c)	The amount of the unit recovery charge (per-front-foot, per-lot or per-acre) shall be the total construction cost approved by the Administrator divided by the number of equal or nearly equal units (front-feet, lots or acres) served by the facilities.

(d)	The subdivider's right to reimbursement under the provisions of the recovery agreement shall not exceed twenty (20) years unless the Board of Trustees approved a longer period. The subdivider's right to reimbursement is limited to the recovery of his or her total construction cost. (Ord. 1-96, 1996, §1)

ARTICLE VIII

Minor Subdivisions

Sec. 17-8-10.	Applicability.

(a)	The minor subdivision procedure set forth in this Article may be used for a subdivision meeting one (1) or more of the following requirements:

(1)	The subdivision is a replat of an approved final subdivision plat, which does not increase the number of lots or increase density, and which does not result in a material change in the extent, location or type of public improvements, easements, arrangement of streets, open space or utilities.

(2)	The subdivision is a division of a parcel into not more than two (2) lots; each lot has access to an accepted and maintained public street; the subdivision will not require the dedication of streets, alleys or easements, or the construction of improvements to serve the lots; and each lot will meet the requirements of the Town's zoning regulations without the necessity for a variance and no variance has been granted within the previous three (3) years;

(3)	The subdivision is of a lot, previously created by an approved final subdivision plat, which is split or subdivided into no more than two (2) lots and the lots created by the split comply with the applicable requirements of the Town's zoning regulations; or

(4)	The subdivision is a division of a parcel or lot into not more than two (2) lots, one (1) or both of which are to be conveyed to the Town, or into three (3) lots, at least two (2) of which are to be conveyed to the Town; the approval of any subdivision pursuant to this Paragraph may be conditioned upon conveyance to the Town of such lots.

(b)	A minor subdivision plat shall not be approved if the property is within any parcel or lot, any part of which has been subdivided by a minor subdivision within the three (3) years preceding the date of the current application. A subdivision meeting the requirements of Paragraph (a)(4) above shall not be considered in determining compliance with this Subsection. (Ord. 2009-06, §1)

Sec. 17-8-20.	Procedure.

(a)	A subdivider may apply through the minor subdivision procedure set forth in this Section by submitting to the Administrator a written minor subdivision application; the subdivider's certification to the Town that all required improvements are installed, available and adequate to serve each lot of the minor subdivision; a final plat and six (6) copies thereof meeting all requirements for a final plat as established by the Board of Trustees; and such other information as may be required by the Administrator.

(b)	The Administrator shall review the request to determine whether the application appears to comply with the requirements of Section 17-8-10 for a minor subdivision. If the Administrator determines that the proposed subdivision complies with this Article, it shall be submitted to the Planning Commission and Board of Trustees for public hearings in compliance with Section 17-1-50 of this Code. The subdivider has the burden of proving to the Planning Commission and the Board of Trustees that the criteria set forth in Section 17-8-10 have been met.

(c)	The Planning Commission shall submit the plat together with its recommendations to the Board of Trustees. The Board of Trustees may approve, approve with conditions, disapprove or refer the plat back to the Planning Commission for further study. Conditional approval may be subject to compliance with any minimum design standards, to dedication of additional right-of-way easements or to the installation of additional improvements.

(d)	Following plat approval by the Board of Trustees, the Town shall record the plat in the office of the Weld County Clerk and Recorder. (Ord. 2009-06, §1)

ARTICLE IX

Review Applications

Sec. 17-9-10.	Purpose.

Some types of applications do not require a public hearing due to the noncontroversial nature of the request. This procedure has been designed to expedite minor review procedures. (Ord. 1-96, 1996, §1)

Sec. 17-9-20.	Staff review procedure.

(a)	Preapplication conference. The applicant shall schedule a preapplication conference pursuant to the provisions of this Chapter.

(b)	Staff review. The Administrator shall refer the application to other appropriate governmental agencies and utility companies for review and comment fifteen (15) days prior to making a decision.

(c)	A notice shall be mailed to all real property owners who own property located within three hundred (300) feet of the subject property, which notice shall be mailed at least ten (10) days prior to the decision of the Administrator. The Administrator shall review the application for compliance with the provisions of this Code and relevant review criteria, incorporating the comments of referral agencies. The Administrator shall then approve, approve with modifications or deny the application no sooner than ten (10) days after mailing the notice to property owners.

(d)	Referral to Planning Commission for action. The Administrator may refer any application which is deemed to involve unique circumstances or policy decisions warranting a Planning Commission decision to the Planning Commission.

(e)	Appeal/referral to Planning Commission. The action of the Administrator may be appealed by the applicant within fourteen (14) days of the Administrator's decision. A written notice of the action of the Administrator shall be submitted to the Planning Commission. For those matters appealed or referred to the Planning Commission, the Planning Commission shall, after giving proper public notice, hold a public hearing on the application. The Planning Commission may then approve, approve with modification or deny the application considering the applicant's compliance with criteria contained in this Chapter. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1)

Sec. 17-9-30.	Approval limitations.

(a)	Following approval of an application, all property described in the application must be developed in accordance with the approval, including, but not limited to, the written documents, site plans and development schedules.

(b)	It is unlawful for the owner, developer or applicant to use or develop the property for any other use or in a manner not consistent with the approved plan. Each day of violation shall be considered a separate violation of the provisions of this Chapter. Modification or amendments to an approved application shall be permitted by following the same procedures as required for approval of the original application, except as follows:

(1)	For minor variations in the location of structures, improvements or open space areas caused by engineering or other unforeseen difficulties, the Administrator may authorize a modification to an approved site plan. Such changes authorized by this Article shall not exceed ten percent (10%) of any measurable standard or modify the use, character or density of an approved application. All plans so modified shall be revised to show the authorized changes and shall become a part of the permanent records of the Town.

(2)	The Administrator may authorize an extension of the time schedule for the completion of the improvements for a period not to exceed one (1) year. An extension beyond one (1) year must be approved by the Planning Commission.

(3)	The Planning Commission shall be notified in writing of all actions of the Administrator authorizing changes to approved applications or for time extensions. (Ord. 1-96, 1996, §1)

ARTICLE X

Public Land Dedications

Sec. 17-10-10.	General policy.

The Planning Commission and Board of Trustees, upon consideration of Town circulation and community facility plans and the particular type of development proposed in the subdivision, shall require the dedication or reservation of areas or sites of a character, extent and location suitable for public use for roadways, schools, open spaces, parks, public safety and maintenance facilities, historic sites, scenic areas and other necessary public purposes. All dedications and reservations for parks and open spaces must meet the requirements of Chapter 16 of this Code for these uses. (Ord. 1-96, 1996, §1)

Sec. 17-10-20.	Public dedications to the Town.

Reference shall be made to the Comprehensive Plan to determine general locations for various public facilities. Dedication of such sites and land areas shall be made at the time of final platting in one (1) or any combination of the following ways:

(1)	By dedicating to the Town in fee simple on the final plat;

(2)	By granting the land areas in fee simple on general warranty deeds to the Town; or

(3)	By payment of fees in lieu of land dedications. (Ord. 1-96, 1996, §1)

Sec. 17-10-30.	Commercial and industrial (or other nonresidential) subdivisions.

In the case of nonresidential subdivisions (less than ten percent [10%] residential use), an exaction of two percent (2%) and/or equivalent fees for public facilities will be required by the Planning Commission and Board of Trustees at the time of subdivision. The allocation of land and/or fees for public facilities will be made at the discretion of the Board of Trustees upon recommendation of the Planning Commission. For mixed-use subdivisions, exaction’s for residential and nonresidential uses will be based on the proportion of the land associated with residential use. (Ord. 1-96, 1996, §1)

Sec. 17-10-40.	Residential subdivisions.

The subdivider shall provide sites and land areas for public facilities to serve the proposed subdivision and the future residents thereof. Such provisions include:

(1)	For linear subdivisions (linear subdivisions as used herein refers to the traditional subdivision of land not previously subdivided by official plat filing and does not refer to such subdivisions as condominiums and townhouses), the Planning Commission shall require the dedication of land areas or sites suitable for public purposes defined in Section 17-10-10 above of twelve percent (12%) of the total area of the subdivision.

(2)	In the case of a subdivision of land into multiple dwelling units on land which has not been previously approved as a linear subdivision or on land where no previous public facilities dedication was made or fees-in-lieu paid, the subdivider shall dedicate twelve percent (12%) of the gross area of the land to the Town for public facilities.

(3)	Said requirement may be waived in whole or in part (subject to the conditions in Subparagraph (4) below) by the Planning Commission if there is sufficient park space already provided for the future residents of the proposed subdivision.

(4)	With the approval of the Planning Commission and the Board of Trustees, the subdivider will be required, in lieu of Subparagraphs (1) and (2) above, to pay fees in lieu of the equivalent land areas which would have been dedicated to public facilities. Fees shall be established through resolution adopted by the Board of Trustees.

(5)	All fees-in-lieu of dedications are to be paid prior to the approval of the final plat.

(6)	Payments made under the requirements of this Section shall be made payable to the Town. (Ord. 1-96, 1996, §1)

Sec. 17-10-50.	Special conditions for dedicated public lands.

Land areas that shall not be acceptable in determining the fulfillment of the requirements for the provision of land areas for public purpose facility sites shall include the following:

(1)	Natural drainageways, streams, gullies and rivers, including all lands within the one-hundred-year floodplain. (Note: Unless the Board of Trustees specifically accepts a certain portion for a reasonable use.)

(2)	Rights-of-way and/or easements for irrigation ditches and aqueducts.

(3)	Steep, rugged and hazardous geological land areas, and such other areas as are not conducive for use as public purpose sites. (Ord. 1-96, 1996, §1)

Sec. 17-10-60.	Miniparks standards.

(a)	The purpose of the minipark is to provide adequate active recreational facilities to serve the residents of the immediately surrounding neighborhood within the development. The following are illustrative of the types of facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the minipark requirements of this Section: tennis courts, racquetball courts, ball diamonds, swimming pools, sauna and exercise rooms, meeting or activity rooms within clubhouses, basketball courts, swings, slides, play apparatus and open areas for volleyball, badminton and other games.

(b)	Each development may satisfy up to one-half (1/2) of its public land contribution requirement by installing the types of active recreational facilities that are most likely to be suited to and used by the age bracket of persons likely to reside in that development.

(c)	Miniparks shall be attractively landscaped and shall be provided with sufficient natural or man-made screening or buffer areas to minimize any negative impacts upon adjacent residences.

(d)	Each minipark shall be centrally located and easily accessible so that it can be conveniently and safely reached and used by those persons in the surrounding neighborhood it is designed to serve.

(e)	Each minipark shall be constructed on land that is relatively flat, dry and capable of serving the purposes intended by this Article. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1)

Sec. 17-10-70.	Homeowners associations.

Homeowners associations (HOAS) or similar legal entities are responsible for the maintenance and control of common areas, including recreational facilities and open space, shall be established in such a manner that:

(1)	Provision for the establishment of the association or similar entity according to state law is to be made before final subdivision approval is made or any lot in the development is sold; legal documents are to be forwarded to the Town prior to final approval.

(2)	The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities.

(3)	The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.

(4)	The Town retains the legal authority to compel HOAS to maintain their properties in proper condition. (Ord. 1-96, 1996, §1; Ord. 1-98, 1998, §1)

Sec. 17-10-80.	Streets, roads, pathways and easements.

All public streets, roads, pathways and easements for utilities are to be offered for dedication to the Town or special district as appropriate at the time of final plat approval. Final plats are to allow for these dedications; however, the actual transfer of dedications of such streets, roads, pathways and easements shall not occur until such improvements are "accepted" by the Town or special district through their normal improvement acceptance procedure. The dedicated rights-of-way and easements are to be shown on the final plat along with the dedication endorsement. (Ord. 1-96, 1996, §1)

ARTICLE XI

Vested Property Rights

Sec. 17-11-10.	Definitions.

As used in this Article, unless the context otherwise requires:

(1)	Site specific development plan means for all developments the final approval step, irrespective of this Chapter, which occurs prior to building permit application; provided, however, that if the landowner wishes said approval to have the effect of creating vested property rights pursuant to Article 68 of Title 24, C.R.S., the landowner must so request at least twenty-eight (28) days prior to the date said approval is to be considered. Failure to so request renders the approval not a site specific development plan, and no vested rights shall be deemed to have been created. The Board of Trustees may by agreement with the developer designate an approval other than described above to serve as the site specific development plan approval for a specific project.

(2)	Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan, within three (3) years of approval of such plan, unless there is an agreement between the Town and the developer for a shorter or longer duration. (Ord. 4-99, 1999, §1)

Sec. 17-11-20.	Notice and hearing.

No site specific development plan shall be approved until after a public hearing before the Board of Trustees for the final decision. Notice of such hearing shall be published once at least seven (7) days prior to the hearing. Such notice may, at the Town's option, be combined with the notice required by Section 31-23-304, C.R.S., for zoning modifications or with any other notice. At such hearing, interested persons shall have an opportunity to be heard. (Ord. 4-99, 1999, §2)

Sec. 17-11-30.	Application requirements.

Any applicant for a site specific development plan shall provide all submittals required for final plat approval as set forth in this Code, this Chapter or other regulations and requirements of the Town. The applicant shall be required to provide a sketch plan as defined in Section 30-28-101(8), C.R.S., a final architectural plan, public utility filings or final construction drawings and related documents specifying materials and methods for construction of improvements. (Ord. 4-99, 1999, §3)

Sec. 17-11-40.	Other provisions unaffected.

Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of the development requirements pertaining to the development and use of property. (Ord. 4-99, 1999, §4)

Sec. 17-11-50.	Amendments.

In the event amendments to a site specific development plan are proposed and approved, the effective date of such amendments for purposes of duration of a vested property right shall be the date of approval of the original site specific development plan unless the approval action specifically finds to the contrary and incorporates such findings in the approval of the amendment. (Ord. 4-99, 1999, §5)

Sec. 17-11-60.	Notice of approval.

Each map, final plat or site plan or other document constituting a site specific development plan shall contain the following language: "Approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." Failure to contain this statement shall invalidate the creation of the vested property right. In addition, a notice describing generally the type and intensity of use approved, the specific parcel or parcels of property affected and stating that a vested property right has been created shall be published once, not more than fourteen (14) days after approval of the site specific development plan, in a newspaper of general circulation within the Town. (Ord. 4-99, 1999, §6)

Sec. 17-11-70.	Payment of costs.

In addition to any and all other fees and charges imposed by this Code, the applicant for approval of a site specific development plan shall pay a fee as set forth in the Fee Schedule together with all costs occasioned to the Town as a result of the site specific development plan review, including publication costs and public hearing costs, if a separate public hearing is necessary. (Ord. 4-99, 1999, §7)

Sec. 17-11-80.	Limitations.

Nothing in this Article is intended to create any vested property right, but only intended to implement the provisions of Article 68 of Title 24, C.R.S. (Ord. 4-99, 1999, §8)

ARTICLE XII

Vacating Plats

Sec. 17-12-10.	Suspension, withdrawal or termination of approval of plat.

(a)	Authority. The Board of Trustees may suspend or withdraw its approval of a plan or plat or may require corrective measures if it determines that the subdivider provided information upon which an approval was based that he or she knew or should have known was materially false or misleading or that he or she knowingly failed to disclose information that caused the information which was disclosed to be materially false or misleading. Suspension of approval may occur at any step in the subdivision process before final approval of the final plat.

(b)	Notice and hearing. Before any such action may be taken, the Board of Trustees shall mail written notice to the subdivider, first class postage prepaid, notifying him or her of the possible suspension or withdrawal, stating the alleged basis for it, and notifying the subdivider to appear if he or she so desires at a specified public meeting of the Board of Trustees, to be held not less than ten (10) days nor more than thirty (30) days after the date of the notice, to show cause why the specified approval should not be suspended or withdrawn, or corrective measures ordered.

(c)	Action. After giving the subdivider an opportunity to be heard, the Board of Trustees shall determine the matter and, upon good cause being shown, may suspend or withdraw any approval or require specified corrective measures to be taken. Adoption and approval of a resolution taking such action shall be deemed the final decision of the Board of Trustees. Any interested person aggrieved by action of the Board of Trustees pursuant to this Section may appeal to the District Court in and for Weld County, Colorado, pursuant to Rule 106 (a) (4), C.R.C.P., within the time therein provided.

(d)	Expiration of plat approval. Following notice and opportunity for hearing as provided herein, the Board of Trustees may vacate an approved plat or any portion thereof, covering an area of not less than five (5) acres if there has been no substantial reliance on the plat within such area for a period of not less than five (5) years after recordation of the plat and next preceding the issuance of notice, all as provided in this Section. For purposes of this Section:

(1)	Noticed area means the lands covered by the plat or portion thereof proposed for vacation pursuant to this Section.

(2)	Ownership parcel means a group of contiguous platted lots or blocks, disregarding intervening unopened streets, held in common ownership as of the date of the notice provided in Subsection (e) below. It includes such intervening platted but unopened streets.

(3)	Substantial reliance on the plat means (a) a division of any ownership parcel by the location of dwellings, lawful at the time of construction, based upon the plat, which have been continuously occupied, used and maintained in reasonable reliance on the plan, or (b) the construction and maintenance of roadways or other public improvements serving discrete areas within the ownership parcel, which areas were established or divided based upon the plat in reasonable reliance thereon.

(e)	Notice. If reasonable cause exists to believe that a plat or some portion thereof should be vacated pursuant to this Section, the Board of Trustees may give written notice to all persons holding record ownership, deed of trust and mortgage interests in each ownership parcel within the noticed area, as those interests then appear in the records of the County Clerk and Recorder. Such notice shall describe the ownership parcel, advise that the platted lot and block boundaries and intervening streets with it are being considered for vacation, state the date, time and place of a public hearing at which the Board of Trustees will consider the matter and notify such persons that they may appear if they so desire to show cause why such lot and block boundaries and intervening streets within their ownership parcel should not be vacated. The public hearing shall be held not less than thirty (30) days after notice is given. Notice shall be given by first class mail, postage prepaid, to each interested person at the address given for him or her in the recorded instrument evidencing his or her interest or to the Weld County Assessor and by publication two (2) times in a newspaper of general circulation in the Town, with the second such publication occurring not less than fifteen (15) days before the date of the public hearing.

(f)	Burden of proof. An interested person shall have the burden of proving that within the ownership parcel in which he or she has an interest there has been substantial reliance on the plat within a period of not less than five (5) years after recordation of the plat and next preceding the notice.

(g)	Authority to vacate. In portions of the noticed area where the Board of Trustees finds that within a period of not less than five (5) years after recordation of the plat and next preceding the notice there has been no substantial reliance on the plat, it shall leave the lot and block boundaries between ownership parcels intact and may vacate platted lot and block boundaries and unopened streets within and adjacent to ownership parcels.

(h)	Method of vacating. If the Board of Trustees finds that within a period of not less than five (5) years after recordation of the plat and next preceding the notice there has been substantial reliance on the plat within an ownership parcel, it may leave the lot and block boundaries affecting a division of such ownership parcel resulting from such reliance intact and vacate remaining lot and block boundaries and unopened streets within each accepted division. Each accepted division shall be deemed a separate ownership parcel.

(i)	Access. No action pursuant to this Section shall leave an ownership parcel without platted access to a public street or highway which has been accepted for maintenance by the Town, the County or the State, nor shall the Board of Trustees vacate any streets without reserving rights-of-way for existing utility facilities of which it has knowledge. The Board of Trustees has full discretion to decline to vacate any street within a noticed area and to reserve such right-of-way or easement interests in any vacated street as it deems in the best interest of the Town.

(j)	Vacation by ordinance.

(1)	Any action to vacate lot or block boundaries of public streets pursuant to this Section shall be by ordinance which clearly describes the ownership parcels remaining within the noticed area, and each portion of each street vacated. A certified copy of the ordinance shall be duly recorded in the office of the County Clerk and Recorder on or after the effective date thereof. Adoption and approval of the ordinance taking such action shall be deemed the final decision of the Board of Trustees. Any interested person aggrieved by action of the Board of Trustees pursuant to this Section may appeal to the district court in and for Weld County, Colorado, pursuant to Rule 106 (a)(4) C.R.C.P., within the time therein provided.

(2)	After the adoption of any ordinance enacted pursuant to this Section, the division of any ownership parcel identified in said ordinance shall be deemed a subdivision within the meaning of this Section and shall require approval of the Board of Trustees as provided herein. No failure to act or delay by the Board of Trustees in acting pursuant to this Section shall be deemed to waive or estop the Board of Trustees from acting at a future time, nor shall such failure or delay vest any rights in the owner of any property within the Town. (Ord. 1-02, 2002)