ALLEY: A dedicated right-of-way providing access to abutting properties.

APPROVAL BY TOWN COUNCIL: The approval by the town council of the issuance of a development permit for a subdivision, either by affirmation of the decision of the planning commission, or following a call-up procedure held in accordance with section 9-2-3-4 of this chapter.

AREA OF CONCERN: A hillside or ridgeline which is visible from either: a) Highway 9; b) the core of town; c) public parks; d) the Breckenridge golf course; or e) other areas of the town which are view corridors.

BLOCK: A grouping of lots bounded by streets or other defining elements such as public property, stream bank, or other physical or legal features.

BLOCK LENGTH: The distance between intersections of through streets, measured between the right-of-way lines of the intersecting streets, which distance is the longest dimension of a block.

BOND: A type of security or collateral posted by the subdivider and approved by the town attorney which guarantees that all required improvements shall be completed and/or maintained as per the approved plans and requirements of this chapter.

BUILDING FOOTPRINT LOT: A lot the boundaries of which approximate the exterior walls of a building or a portion of a building, and designated as "building footprint lot" on a subdivision plat.

CALL UP: Action of the council to vacate a decision of the planning commission made pursuant to this chapter, and to make that decision itself.

CLASS A SUBDIVISION: A subdivision of land which will result in six (6) or more lots, parcels and/or tracts, or which includes a total of six (6) or more acres of land, and any Class B subdivision requiring a variance.

CLASS B SUBDIVISION: A subdivision of land which will result in less than six (6) lots, parcels and/or tracts, and includes less than six (6) acres of land; any Class C subdivision requiring a variance; or any other subdivision not specifically classified as either a Class A subdivision or a Class C subdivision. Subdivisions that normally fall into this classification include the development of public lands, and development on slopes greater than fifteen percent (15%). Class B subdivisions of an unusual nature may be reclassified as Class A subdivisions at the discretion of the director.

CLASS C SUBDIVISION: A subdivision of structure(s) into separate units of interest, including, but not limited to, condominiums, timeshare interests, cooperatives, townhouses, footprint lots in conjunction with an approved master plan, and duplexes when done in accordance with a previously approved subdivision plan, site plan, development permit or site specific development plan; the modification or deletion of existing property lines resulting in the creation of no additional lots (lot line adjustment); an amendment to a subdivision plat or plan which does not result in the creation of any new lots, tracts or parcels; or the platting or modification of easements, building envelopes or site disturbance envelopes. A Class C subdivision application may be reclassified by the director as either a Class A or Class B subdivision application within five (5) days following the submission of the completed application if the director determines that the application involves issues which make it inappropriate for the application to be processed administratively as a Class C application.

CLASSIFICATION: A particular classification that a subdivision application may be placed in for review under the provisions of this chapter. In those instances where a subdivision application does not fall under one of the three (3) classifications, the director shall place the application where he deems appropriate. The director shall also have the right to move a project to a higher or lower classification if he feels the purpose of this chapter would best be served by the reclassification. He must reclassify an application within five (5) days of receipt of the application.

COMMUNICATION: A utility that includes, but is not limited to, fiber and telephone.

COMPREHENSIVE PLAN: The overall long range plan for the future development of the town which includes goals and policies, future land use, transportation and community facilities plans, as might be adopted and amended from time to time. May also be called the Breckenridge comprehensive plan or the town master plan (see chapter 4, title 9 of this code).

DAYS: Refers to calendar days rather than working days.

DE NOVO HEARING: A hearing where the decision is based on the testimony presented at the hearing and not the testimony or record of any preceding hearings.

DEDICATION: The devotion of land to a public use by the owner manifesting the intention that it shall be accepted and used presently or in the future for a public purpose.

DEVELOPMENT: Any change in the actual use of land or improvements thereon, including, but not limited to, the construction of any improvements which require a development permit as required in title 9, chapter 1 of this code or a building permit as required in title 8, chapter 1 of this code.

DEVELOPMENT AGREEMENT: An agreement entered into by the town and the subdivider pursuant to chapter 9 of this title prior to or concurrently with the approval of a subdivision. The agreement specifies development requirements including the responsibility for, and the timing of, infrastructure improvements and public facilities, dedications, fees and remedies in the event obligations are not met, in exchange for the town foregoing the right to change the rules of development, thereby vesting the development for a period exceeding the standard three (3) year period specified elsewhere in this code.

DIRECTOR: The Town of Breckenridge director of community development, or the director's authorized representative acting pursuant to Section 1-7-2 of this code.

EASEMENT: A right granted to use land owned by another for a special limited purpose.

ENGINEER: A registered, professional, civil engineer authorized to practice engineering in the State of Colorado.

EROSION: The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

FLOODPLAIN: The area of land adjoining the channel of a river, stream or other similar body of water which may be inundated by a flood that can be reasonably expected to occur. The floodplain includes all the lands within the limits of the 100-year floodplain as defined by the federal emergency management agency.

GRADING: Any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof.

IMPROVEMENTS: All things constructed or placed within the subdivision, including, but not limited to, the following:

LOT: A plot or parcel of land occupied or capable of being occupied by one principal building and the accessory buildings or uses incidental to it, including such open spaces as required by this chapter. In the case of multifamily structures and public, institutional, commercial or industrial structures, a group of structures under the same ownership may be considered as occupying the same lot.

LOT DEPTH: The distance between the front lot line and the rear lot line of a lot measured in a straight line. For lots which are not square or rectangular in shape, lot depth shall be the measurement from the midpoint of the front lot line to the midpoint of the rear lot line.

LOT FRONTAGE: All property abutting the right-of-way of a dedicated street, private road, or road easement, measured along the right-of-way, road, or easement located between side lot lines of a lot. For lots abutting more than one right-of-way, the director shall designate which constitutes the lot frontage based on existing land use patterns.

LOT LINE ADJUSTMENT: The modification or deletion of an existing property line resulting in the creation of no addition lots or parcels.

LOT WIDTH: The shortest distance between the side lot lines of a lot measured in a straight line. For lots which are not square or rectangular in shape, lot widths shall be the measurement from the midpoint of one of the side lot lines to the midpoint of the other.

MASTER PLAN: A land use and development plan as described in section 9-1-19-39A , "Policy 39 (Absolute) Master Plan."

MONUMENT: A permanent survey marker.

NONCONFORMING LOT: Any lot that lawfully existed before the adoption of this chapter, but which is not in compliance with the provisions of this chapter.

OPEN SPACE: A parcel of land dedicated to the town which is suitable for recreational purposes, provides for natural or manmade landscaping areas, or provides for the protection of significant natural resources such as stream channels, steep slopes, or wetlands.

PERSON: Has the meaning provided in Section 1-3-2 of this Code.

PLANNING COMMISSION: The Breckenridge planning commission.

PLAT: A map or plan indicating all proposed property lines, easements, rights-of-way, and dedications intended for town approval and for use as a recording document.

RESUBDIVISION: A change in the map of an approved or recorded subdivision or resubdivision, if such change:

RIDGELINE OR HILLSIDE DEVELOPMENT: Development on the hillside or upon the crest of a hill which would create a silhouette or other substantially adverse impact when viewed from an area of concern.

RIGHT-OF-WAY: A strip of land occupied or intended to be occupied by a street, walkway, road, utilities, water main, sewer main, or for any other public purpose.

ROADWAY: That portion of a street designed for vehicular traffic, and where curbs are laid, that portion between the curbs.

RULES AND REGULATIONS: The administrative rules and regulations for the administration of this chapter promulgated by the director pursuant to the authority granted in section 9-2-3-9 of this chapter.

SIDEWALK: An improved right-of-way for pedestrian circulation that is usually part of the street right-of-way.

SINGLE-FAMILY RESIDENTIAL SUBDIVISION: A subdivision created by the filing of a subdivision plat with the Summit County clerk and recorder in which more than fifty percent (50%) of the developed lots contain single-family residential structures as defined in section 9-1-5 of this title.

SITE DISTURBANCE ENVELOPE: A space of fixed dimensions within a lot which defines that portion of the lot where all permanent structures on the lot must be located, and within which all construction activities shall occur, except as otherwise provided in this chapter. A site disturbance envelope shall be used to limit the location of development constructed within a lot, and to minimize or contain the disturbance associated with the construction of such development, so as to protect vegetative, geological, hydrological and historic resources, views, and to maintain a visual buffer/separation between the development to be constructed and the development, if any, located or to be located on adjoining lot(s). May also be referred to as disturbance envelope.

SITE SPECIFIC DEVELOPMENT PLAN: A development permit issued under this chapter which approves a Class A or Class B subdivision plan.

STREET: A right-of-way which provides for vehicular, bicycle, and pedestrian circulation.

STRUCTURE: That which is built or constructed, an edifice or building of any kind. The term structure shall not include: address monuments, signs, retaining walls, fences, paved surfaces, solar arrays, wind turbines, and at or below grade improvements.

SUBDIVIDER: A person who undertakes the subdivision or resubdivision of land or structures or any activity governed by this chapter who holds any legal or equitable interest in the land being subdivided, or in those instances where the subdivider is not the owner of the land, an applicant who has received written consent from the owner to subdivide the land.

SUBDIVISION: The division of a tract or parcel of land into two (2) or more parcels, lots, sites or other division for the purpose, whether immediate or future, transfer of ownership or sale, building development, including any resubdivision. Subdivision shall include, but not be limited to, the following types of developments and/or legal interests: