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A. Preapplication Conference: A conference between the director and other staff (including any referral agencies deemed appropriate) and the subdivider shall take place prior to the submission of any subdivision application. The purpose of the conference is to acquaint the town with the subdivider's intentions concerning the proposed subdivision, acquaint the subdivider with the substantive and procedural requirements of this chapter and to identify policies which create opportunities or pose constraints for the proposed subdivision. An applicant shall provide for review at the preapplication conference a scale drawing indicating proposed lot and block configurations; on and off site circulation; and other information pertinent to the issues under consideration.

B. Work Sessions: The need for a work session with the planning commission shall be determined by the director following the preapplication conference. In the event that a work session is held, the applicant shall provide for review at that meeting a scale drawing indicating the proposed lot and block configurations; on and off site circulation; a topographical map of the property; and other information pertinent to the issues under consideration.

C. Preliminary Hearings:

1. General: All Class B subdivision applications shall be required to be submitted to the planning commission for review at a minimum of one (1) preliminary hearing prior to the submission of a formal application and the commencement of the final review process. In addition, the subdivider may be requested to:

a. Appear at a meeting of referral agencies if the director determines that the impacts of a proposed subdivision are of such magnitude as to require review by referral agencies at this stage of the review process. The town engineer shall review all Class B subdivision applications.

b. Cooperate with the town in Scheduling an on Site Inspection after the First Preliminary Hearing. Staking of the site by the subdivider may be required for the on site inspection.

c. Attend a second preliminary hearing for all Class B subdivision applications.

2. Purpose: The purpose of the preliminary hearing is to allow the planning commission the opportunity to review the concept of the proposed subdivision and to give the planning commission and town staff an opportunity to offer direction to the subdivider.

3. Required Application Materials: The subdivider shall submit the following materials and drawings not later than the deadline established in the rules and regulations. The director shall have the authority to schedule the application at a subsequent hearing.

a. An application on forms provided by the town.

b. A fee in the amount required by chapter 10 of this title.

c. A title report issued by a title insurance company in the name of the subdivider.

d. A copy of any existing restrictive covenants applicable to the subdivision.

e. A list of all property owners whose property lies within three hundred feet (300') of the subject property, including their current mailing addresses.

f. Five (5) copies of a preliminary subdivision plan which meets the following requirements:

1. The preliminary subdivision plan shall be clearly and legibly drawn on a sheet eighteen inches by twenty four inches (18" x 24") or twenty four inches by thirty six inches (24" x 36") in size to a scale of one inch equals one hundred feet (1" = 100'). The scale may be increased or decreased if necessary to fit the paper, but in all cases the scale used shall be in multiples of ten (10).

2. The preliminary subdivision plan shall include the following general information:

(a) Date of preparation.

(b) North point.

(c) Scale of drawing.

(d) Location of the subdivision by section, township and range sufficient to define the location and boundaries of the proposed subdivision.

(e) The approximate acreage of the tract being subdivided, and the size, use and number of all proposed lots.

(f) Names and addresses of the subdivider, engineer, and surveyor.

3. The preliminary subdivision plan shall include the following site analysis information:

(a) A vicinity map clearly showing the relationship of the proposed subdivision to surrounding developments, streets, paths and utilities. This map should include a sketch of the general layout of the proposed subdivision.

(b) The location, widths and names of both through and dead end streets within or adjacent to the proposed subdivision, together with easements, other rights-of-way and other important features such as section lines, property corners, town boundary lines and monuments.

(c) Contour lines related to an established bench mark or other datum approved by the town engineer and having contour intervals as follows:

i. For slopes less than ten percent (10%) - two foot (2') contours;

ii. For slopes ten percent (10%) or greater - five foot (5') contours.

(d) The location and elevation of at least one temporary bench mark within the boundaries of the proposed subdivision.

(e) The location and direction of all watercourses and the location of all areas subject to the 100-year floodplain.

(f) Natural features such as rock outcroppings, marshes, wetlands, wooded areas and isolated preservable trees.

(g) Existing uses on the property, including the location of all existing structures.

(h) The location of all existing or historical pedestrian and bicycle paths on site, paved or unpaved and any easements relating to these facilities.

(i) The location of all existing utilities on site and all existing easements.

(j) A boundary survey indicating the exterior boundary of the property, plus all existing public rights-of-way.

(k) Ghosting in the departing lot lines of adjacent subdivisions and structures approved by the town or county located within thirty feet 30') of the subdivision, and the names of adjacent subdivisions.

(l) A preliminary analysis of the site concerning any existing or potential hazardous conditions including, but not limited to, soils.

4. The preliminary subdivision plan shall include the following information relating to the proposed subdivision:

(a) The location, width, name and approximate grade and radii of streets and street curves. The relationship of proposed streets to any existing or proposed streets as shown on the town comprehensive plan;

(b) The location, width and approximate grade of all proposed pedestrian and bicycle paths, and their relationship to any existing or proposed bicycle and pedestrian paths as shown on any town planning documents;

(c) The location, width and purpose of existing and proposed easements;

(d) The location and approximate dimensions of lots and the proposed lot and block numbers;

(e) Sites, if any, allocated for purposes other than single-family dwellings;

(f) The location, approximate acreage and approximate dimensions of areas proposed for public use;

(g) An outline of the areas proposed for partial recording of a final plat, if phased recording is proposed;

(h) A plan for domestic water supply lines and related water service facilities;

(i) A plan for sewage disposal, storm water drainage, flood control, and water quality measure, including profiles where appropriate;

(j) The proposed location for all other applicable utilities, including telephone, electrical service, cable, and gas.

g. The preliminary subdivision plan shall be accompanied by written statements from the subdivider giving essential information regarding the following matters:

1. Adequacy and source of water supply: A statement from a licensed engineer or representative of the public water provider is required.

2. Proposed method of sanitary sewage disposal: A statement from a licensed engineer or a representative of the applicable sanitary sewage disposal provider is required.

3. Proposed method for disposal of storm water runoff and protection of community water quality: A statement from a licensed engineer is required.

4. A phasing plan for the installation of the public improvements.

h. Clear and legible electronic copy of the document(s) in 8.5" x 11" Adobe (.pdf) format.

4. Review Procedures:

a. Within seven (7) days of receipt of an application, the director shall determine whether the application submitted is complete and all required materials have been submitted. If the application is complete, a preliminary hearing before the planning commission shall be held within thirty (30) days. If the application is not complete, it shall be so noted and the subdivider advised of all deficiencies. Hearings shall not be scheduled for incomplete applications.

b. Upon receipt of a completed application, the director shall furnish copies of the preliminary subdivision plan and supplemental materials to the appropriate referral agencies.

c. The director shall review the preliminary subdivision plan and supplemental materials and submit a report to the planning commission.

d. Before the planning commission can review a preliminary subdivision plan at a preliminary hearing, notice shall be provided in accordance with this chapter.

e. All preliminary hearings shall be conducted under the Town of Breckenridge planning commission rules and regulations and shall be considered as advisory in nature. No decisions shall be rendered by the planning commission concerning the preliminary subdivision plan at a preliminary hearing.

5. Mineral Estate Notification: If the real property that is the subject of the application is subject to a mineral estate as defined in section 24-65.5-102(4), Colorado Revised Statutes, and if the application has been determined by the director to be subject to the requirements of article 65.5 of title 24, Colorado Revised Statutes, the initial public hearing on the application shall not be convened unless the applicant certifies to the director that notice has been provided to any mineral estate owner and to the town not less than thirty (30) days before the date first scheduled for the preliminary hearing as required by section 24-65.5-103, Colorado Revised Statutes.

D. Public Hearings; Final Subdivision Plan: A public hearing shall be held for each Class B subdivision application by the planning commission to determine compliance with the policies established within this chapter and other applicable town ordinances and codes. An application for the public hearing shall not be accepted until the proposed preliminary subdivision plan has been reviewed a minimum of one time by the planning commission and the planning commission believes all major issues have been addressed. In no instance shall an application for a final hearing be accepted by the town if more than ninety (90) days have elapsed since the last preliminary hearing on the plan, in which case the applicant shall appear before the planning commission at another preliminary hearing before proceeding.

1. General: The application for a public hearing shall consist of all materials and plans, as specified, all of which shall be submitted not later than the deadline established in the rules and regulations.

2. Required Application Materials: The application shall consist of all materials as required by subsection C3 of this section, plus the following:

a. For subdivisions located in areas of fifteen percent (15%) or greater slope, cross sections of the proposed roadway, retaining walls and driveways.

b. A separate vegetation and landscaping plan, including all trees to be removed and those to be installed in accordance with the provisions of this chapter.

c. A street lighting plan.

d. Correspondence from all applicable utility and urban service providers that they have reviewed the proposed subdivision and that they can serve the property.

3. Review Procedures:

a. Application: The subdivider shall submit an application and materials as required for planning commission review in subsection D2 of this section, no later than the deadline established in the rules and regulations.

b. Compliance Review: Within seven (7) days after the application has been submitted, the director shall determine whether the application submitted is complete and all required materials have been submitted. If the application is complete, a planning commission public hearing shall be scheduled. If the application is not complete, it shall be so noted and the subdivider advised of the deficiencies. Hearings shall not be scheduled for incomplete applications.

c. Referral and Review: The director shall have the right to transmit a copy of the application to referral agencies for their review and comment and to review the project for compliance with town goals and policies.

1. The director may request a meeting with utility providers and other governmental agencies that may be affected by the subdivision.

2. Prior to the public hearing, staff shall deliver to the subdivider and planning commission, and make available at the Town Hall, their written report on the proposed development, including their conclusions, recommendations and any recommended conditions to be attached for approval.

d. Public Hearing: Not more than forty five (45) days from the date of acceptance of the application and after public notification in compliance with section 9-2-1-12 of this chapter, the planning commission shall hold a public hearing on the proposed final subdivision plan.

e. Decision: The planning commission shall have thirty (30) days after the conclusion of the public hearing to make a decision. The planning commission decision shall be based on how well the proposed subdivision complies with the specific requirements of this chapter and the Breckenridge comprehensive plan in general. If no decision is made within thirty (30) days following the conclusion of the hearing, the application as presented by the subdivider shall be deemed to have been approved as proposed, without any additional conditions. The planning commission may also continue the hearing for up to thirty (30) days from the date of the original hearing for good cause, or to allow additional materials to be submitted that will allow for a comprehensive review. In the event a public hearing on the final subdivision plan has been continued, the subdivider shall submit all additional materials to the town in accordance with a schedule established by the director.

f. Notice and Council Call-Up: The director shall notify the council of all planning commission decisions on Class B subdivision applications at the council's next regular meeting after the decision. At that meeting, the council may, by an affirmative vote of a majority of the members present, call up any decision of the planning commission for their own review under authority granted in section 9-2-3-4 of this chapter. The town council's call-up hearing shall be held in accordance with section 9-2-3-4 of this chapter. In lieu of calling up a planning commission decision, the council may, with the consent of the applicant, modify or eliminate any condition of approval imposed on the application by the planning commission or add any condition of approval. All planning commission decisions on Class B subdivision applications shall stand as made unless called up or modified by the town council.

g. Development Permit Issuance: Once the decision of the town has been finalized, the director shall transmit, by regular mail, the final decision to the subdivider, and if the application is approved, shall issue a subdivision development permit with those conditions imposed by the town. The subdivision development permit will not be valid until the subdivider has signed it, indicating his agreement with any and all conditions, and returned it to the town.

h. Other Permits and Requirements: After approval and prior to construction of the subdivision and sale of the lots, the subdivider shall comply with the requirements of section 9-2-3-5 of this chapter concerning the preparation and recordation of a final plat.

i. Town Engineer Approval: Applicant shall receive approval from the town engineer per section 10-4-2 of this Code prior to beginning any construction, or beginning any grading work. Permits that may be required from the town engineer include an infrastructure permit, a floodplain development permit, and right-of-way permit.

E. Combining Preliminary and Final Hearings; Class B Subdivision Application: The preliminary and final hearings for a Class B subdivision application may be combined if the director determines that the issues involved in the application are such that no useful purpose would be served by requiring two (2) separate hearings. In such cases, when it is determined that the application is ready for final hearing, the director shall schedule the application for a single hearing, which shall include a public hearing. Prior to the hearing, the application shall be reviewed for compliance with the provisions of this chapter. The application may not be approved unless the planning commission finds that it is appropriate to combine the preliminary and final hearings. (Ord. 23, Series 1992; amd. Ord. 6, Series 1993; Ord. 13, Series 1993; Ord. 18, Series 1999; Ord. 17, Series 2003; Ord. 37, Series 2007; Ord. 8, Series 2013; Ord. 2, Series 2020; Ord. 31, Series 2021; Ord. 3, Series 2022)