9-2-3-5: SUBDIVISION FINAL PLAT APPROVAL AND RECORDATION:
Within three (3) years after approval of a Class A or Class B subdivision plan, or eighteen (18) months after the approval of a Class C subdivision plan, the subdivider shall cause the subdivision or any part thereof to be surveyed and a plat prepared and recorded in conformance with the plan as approved, or it shall be deemed expired pursuant to section 9-2-1-13, "Time Limit On An Approved Subdivision Development Permit Application; Vested Property Rights", of this chapter. If the subdivider wishes to proceed with the subdivision after the expiration of the time period following the approval of the final plan, the subdivider must resubmit the final plan and reapply for approval under the provisions of this chapter. Subsequent to final plan approval, but prior to recordation, a final plat shall be submitted to the town planning staff which graphically and legally carries out in technical detail the requirements of the final subdivision plan as approved by the town. The following requirements and process shall be utilized to ensure compliance with plan approval and town codes, and to prepare the plat for recordation, with the exception that the town engineer may waive the requirements of this section that the engineer determines are not required for the proper review and filing of the plat for specific Class C subdivision plans.
A. Form And Scale: Two (2) mylar copies of the final plat shall be submitted to the town in a form acceptable to the town. The scale of the final plat shall be one inch equals one hundred feet (1" = 100'). The scale may be increased or decreased if necessary to fit the legal sized plat of twenty four inches by thirty six inches (24" x 36") or eighteen inches by twenty four inches (18" x 24") but in all cases the scale used shall be in multiples of ten (10). If a scale other than one inch equals one hundred feet (1" = 100') is used for the final plat, an accurate drawing of the subdivision shall also be submitted for inclusion in the town base map system at a one inch equals one hundred feet (1" = 100') scale.
B. Information On Final Plat: In addition to that otherwise specified by law, the following information shall be shown on the final plat:
1. The name of the subdivision, the date, scale, north point, legend and existing features such as highways and waterways.
2. A written legal description of the subdivision boundaries.
3. Reference points of existing surveys identified, related to the plat by distances and hearings, and referenced to a field book or map as follows:
a. Stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision.
b. Adjoining corners of adjoining subdivisions.
c. Other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this chapter.
d. Names of adjoining subdivisions and departing lot lines.
e. A statement identifying the basis of bearing and the specific monuments used for determination.
4. The exact location and width of street rights-of-way and easements intercepting the boundary of the tract.
5. Tract, block and lot boundary lines and street rights-of-way and centerlines, with dimensions, bearing or deflection angles, radii, arcs, points of curvature and tangent bearings. Tract boundaries and street bearings shall be shown to the nearest thirty (30) seconds with basis of bearings. Distances shall be shown to the nearest 0.01 feet. No ditto marks shall be used.
6. The names and width of the portion of streets being dedicated, the width of any existing right-of-way and the width on each side of the centerline. For streets on curvature, curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and center angle shall be indicated.
7. Easements denoted by fine dotted lines clearly identified and, if already of record, their recorded reference. (If an easement is not definitely located or recorded, there shall be a written statement of the easement.) The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificates of dedication.
8. Locations and widths of drainage channels, rights-of-way, reserve strips at the end of stub streets or along the edge of partial width streets on the boundary of the subdivision.
9. Numbering of lots shall be as follows:
Lot numbers beginning with the number 1 and numbered consecutively in sequence generally following the same system as sections are numbered in a township. Additions to subdivisions shall begin with number 1 and follow the same pattern as previously described.
10. Land parcels to be dedicated for any purpose shall be distinguished from lots intended for sale with acreage and alphabetic symbols for each parcel indicated.
11. Notations indicating any limitations on rights of access to or from streets and lots or other parcels of land as established by the town.
12. Such other information as the town engineer may reasonably require.
13. Those certificates as shown in section 9-2-5, "Appendix A; Plat Certificates", of this chapter.
C. Supplemental Information With Plat: The following data shall accompany the plat:
1. A title report issued by a title insurance company in the name of the subdivider of the land, showing all parties whose consent is necessary and their interest in the premises. Such report shall have been prepared within thirty (30) days of the submission of the final plat.
2. Sheets and drawings showing the following:
a. Traverse data including the coordinates of the boundary of the subdivision and ties to section corners and donation land claim corners, and showing the error of closure, if any (closure sheet).
b. The computation of distances, angles and courses shown on the plat.
c. Ties to existing monuments, proposed monuments, adjacent subdivisions, street corners and state highway stationing.
3. A copy of any existing and proposed restrictive covenants applicable to the subdivision.
4. A copy of any dedications requiring separate documents.
5. For any property to be dedicated to the public, proof that all taxes and assessments on the tract have been paid.
6. If no subdivision improvement agreement is required, a certificate by the town engineer that the subdivider has installed all public improvements in accordance with the requirements of this chapter, the Breckenridge development code, and all town engineering and street standards, and with the action of the town giving conditional approval of the final plan.
7. Final plans and specifications for all public utilities including, but not limited to, water, and preliminary plans and cost estimates for all other public utilities including sewer, electrical, gas, communication, and cable television.
8. Final street, sidewalk, pedestrian path and bicycle path construction plans in accordance with approved Town specifications.
9. Final drainage and erosion control plans in accordance with approved Town specifications.
10. Final grading plans in accordance with approved Town specifications. (Ord. 23, Series 1992)
11. Final lighting and signage plans without reference to the content of the signs. (Ord. 3, Series 2019)
12. A final report outlining any potential environmental hazards within the proposed subdivision and all proposed measures to mitigate their impacts.
13. Final floodplain study or determination study, if applicable.
14. Such other information as the Director or Town Engineer may reasonably request.
D. Survey Requirements: A complete and accurate survey of the land to be subdivided shall be prepared by a professional surveyor in accordance with standard practices and principles of land surveying and as provided in this chapter and State law.
1. Monuments:
a. All monuments shall be set according to the provisions of State law and the requirements of this chapter.
b. In making the survey for the subdivision, the survey shall set all permanent monuments prior to the recording of the final plat so the survey or any part thereof may be retraced. This shall be surveyed to the town's coordinate system.
c. Delaying the placement of interior "postmonumentation" may be permitted by approval of the town at the time of approval of the final plan or upon special request prior to filing the final plat subject to the following:
1. The subdivider has shown that it is necessary and practical to delay the interior monumentation.
2. The subdivider of the plat agrees to furnish a bond or cash deposit in an amount equal to not more than one hundred twenty percent (120%) of the estimated cost of performing the work for the interior monuments.
3. The subdivider shall sign an agreement with the subdivider's surveyor and the town Engineer indicating: a) the amount of the bond or cash deposit to be furnished at the time of submitting the final plat; b) how the surveyor is to be paid for the work of establishing the interior monuments; c) that the rules for postmonumentation as provided in Colorado Revised Statutes shall be followed; d) the date when the monumentation will be completed; and e) setting out other particulars that may be necessary to ensure the completion of the monumentation at a later date.
2. Utility Markers: Permanent markers shall be provided for all underground water, sewer and utility stubs within the prepared subdivision as approved by the town Engineer.
E. Dedication Requirements:
1. All parcels of land shown on the final plat intended for public use shall be offered for dedication at the time the plat is filed.
2. All streets, bicycle paths, pedestrianways, drainage channels, detention/retention basins, utility easements and other rights- of-way shown on the final plat intended for general public use shall be offered for dedication for public use at the time the final plat is filed.
3. All rights of access to and from streets, lots and parcels of land shown on the final plat intended to be surrendered shall be offered for dedication at the time the final plat is filed.
4. The town shall have the right to require the subdivider to provide a one foot (1') reserve strip across the end of any stubbed street which adjoins unsubdivided land or along half streets adjoining unsubdivided land. The reserve strip shall be included in the dedication granting to the town the right to control access over the reserve strip to assure the continuation or completion of the streets.
F. Review And Action Procedures:
1. Upon receipt by the town, the plat and other data shall be reviewed by the director and town engineer to determine that the subdivision as shown is substantially the same as it appeared on the approved final plan and that there has been compliance with provisions of this chapter, all applicable town standards and any additional conditions imposed by the town planning commission or town council.
2. The town may make such checks in the field as are necessary to verify the accuracy of the plat and town representatives may enter the property for this purpose.
3. If it is determined that the plat and all documents as submitted are not substantially the same as the approved final plan, the director shall advise the subdivider of the changes or additions that must be made and shall afford the subdivider an opportunity to make the changes or additions. If it is determined that full conformity has been made, the director and town engineer shall so certify. Approval shall be indicated by the signature of the chairman of the planning commission and mayor on the plat. The approval of the plat does not constitute or effect any acceptance by the public of the dedication of any street or other easement shown on the plat.
G. Filing Of Plat: A subdivider shall submit the plat for signatures of other public officials required by law. Approval of the plat shall be null and void if the plat is not recorded within the time limits prescribed in section 9-2-1-13 of this chapter.
H. Supplying Plat To Town: A subdivider shall furnish to the town a mylar copy of the approved and signed subdivision plat within fourteen (14) days after the plat has been recorded with the county. (Ord. 23, Series 1992; amd. Ord. 2, Series 2020)