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HomeMy WebLinkAbout1957 Ordinance No. 014BY AU T HORITY ORDI NANC E NO. 1 4 , SERIES OF 1 9 57 AN ORD I NANCE ESTABLISH I NG SUB DIVISION RE GULA T IONS WITHIN THE INCORPORATED BOUNDARIES OF THE CITY OF ENGLEWOOD: RE GULA T I NG THE LAYO UT AND PLATTING OF SUBDIVISIONS TO PROVIDE FOR A STREET PLAN, PUBLIC SPACES AND I MP ROV EME NTS, PUBLIC UTILITIES, DISTR IBUTION OF POPULA- TION, AND PROVIDING FOR PROCE DURES, STANDA RDS AND ENFORCEMENT. Be it enacted by the City Counci l o f the City of Englewood, Colorado: ART I CL E I. GENER AL PR OVISIONS Section 1. TITL" This ordinance shall be known a s the Subd ivision Regulat ions for Englewood, Colorado. Section 2. PURPOSES Pursuant to the provisions of Ar ticle 59, Ch apt er 13 9, Colorado Revised St atutes 1953. this ordinance is enacted . The purposes of this ordina nce ar e to pro vi d e for the proper arran g ement of streets in relation to other existing or pl a nn ed streets and t o the mas t er plan; f or adequat e and con- venienL open spaces for traffic, uti l ities, a ccess o f fire-f ighting apar a t us, recreat i on, light and air; for the avoidance of congestion o f populati on , including minimum area and idth of lots; and for procedures, st a ndards, and e n f orc e men t . Section 3. CONSTRUCTION here any provisions of this ordina nce i mpose more s t ringen t requirement s, regula- tions, restrictions or limitations than the minimums imposed or required by any other resolution or ordinance or the st atu tes of the S t ate of Colorado , t hen the provisions of this ordinance shall govern . Section 4. TERRITORIAL LIM I TS OF RE GULAT I ONS The territorial jurisdiction under this r e solution shall include all lands located ithin the legal boundar i e s of t he City of Eng l e wood , Colo r ado. () . Section 5. CONFORMITY WI TH REGU LATI O NS~ &e ,J 1 (1,,.Q-lf:. JJ, ~ /0 11/ No person, firm, c o rporation or o ther enti ty s h all s ubdivide any tr ac t of land located 349 holly or in part in the City of Englewood, n or shall any person , fi rm , corporation or other entity sell, exchange or offer f o r sale or pu rchase any parc e l of land which is required to be subdivided under the provisions of this ordin ance nor shall any person , firm , corporation or other entity offer for recording a ny deed conveying such a parcel o f land or interest therein, unless he shall have fi rs t made or c a us ed t o have made a p l a t ther e o f , which plat shall be recorded before or at the same time s uc h s ale , e xchang e or pu r c h ase is effected, and shall be in accordance with a ll of the requi r e me nts of t h i s ordinance. Section 6. PERMITS No permits shall be issued by any administr a ti v e o fficer o f t h e Cit y o f Eng lewood for be construction of any building or other impro v em ent requi r ing a permi t upon any land for hich a plat is required by this ordinance unless a n d un t il the r e qu ireme n t s her eof shall have been complied with. Section 7. DEFINITIONS For the purpose of this o r dinan ce certain words and phrases u s ed herein are defined as follows: A. ALLEY. A narrow public or privat e way less in siz e th a n a s treet, d esi g ned f or the special accommodation of Lhc property it reaches an d no t intende d f o r gen e ral travel. B. BLOCK. An area of land within a subdivisi on wh i c h ar e a i s en t i re ly bounded by streets, or in part by the exterior boundary or bounda ries o f t he s ubd i vis i o n . C. BUILDING LINE. A line extending across the full wid th o f a lo t parall e l with the street ri~bt-of-way and in front of which no building may b e cons t ruc t ed. D. CITY. The City of Englewood , Colorado . COUNCIL. The City Council of the City of Englewood, Colorado. F. CUL-DE-SAC. A short street having one end o pen t o t ra f f ic and b e ing terminated at the other end by a vehicular turnaround . G. DEPTH OF LOT. The average distance from street ri gh t -o f -way t o t h e r e ar lot line which is the lot line opposi t e and most dist an t from s a id righ t -o f -way line . H. HEARING. A hearing held by the P lanning Co mm i ss ion a fte r no t ic e i s g iven as required by statute. I. IMPROVEMENTS . Street grading, street surfa c ing and pavi ng, curb an d g utter, sidewalks, water mains and lines, sanitary sewers, culverts, d r ainag e fac i li t ies , bridges and utilities. J. KEY LOT. A lot the side line of which adjo·ins the rear line of one or more adjoining lots. K. LAYOUT. A map or drawing on which the subdivision plan or project is submitted, to- gether with such information, supporting data and other requirements as are necessary to effect compliance of the subdivision project with this ordinance. L. LOT. A portion of a subdivision intended as a unit for transfer of ownership or for building development , i.e., the smallest eligible unit of a subdivision. M. MASTER STREET PLAN. A part of the Municipal Master Plan showing location and dimen- sions of principal trafficways. N. MUNICIPAL MASTER PLAN. The comprehensive plan developed by the Planning Commission and adopted by Council for the physical development of the City and which includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. 0. PLANNING COMMISSION. The City Planning Commission of the City of Englewood, Colorado. P. PLANTING STRIP. Any strip of land between curb line and property line, excluding any existing sidewalk therein. Q. ROADWAY. The portion of a street right-of-way designated for vehicular traffic; where curbs are laid, the portion between curbs. R. SIDEWALK. The portion of a street right-of-way, paved or otherwise surfaced, intended for pedestrian use only. s. STREET OR ROAD. A public right-of-way which provides vehicular and pedestrian access to adjacent properties. l. Throughway. A road of great continuity, existing or planned, which serves or is intended to serve as a principal trafficway, and is designated in the Master Street Plan or by the State Highway Department as a limited access highway, highway parkway or other equivalent term. 2. Commercial Street. A street which is second to the throughway in its traffic function and which is also designed to carry traffic of a commercial nature and primarily local in character. 3. Arterial Street. A street of great continuity which ~s second to the through- way in its traffic function. 4. Residential Street. A street of limited continuity which serves or is intended to serve the needS of a residential neighborhood. T. SUBDIVIDER. Any person, group, corporation or other entity acting as a unit, or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as defined herein. U. SUBDIVISION. l. The division of land into two or more lots, tracts, sites or parcels, any one of which has an area of less than three acres; provided, however~ that any person , firm or corporation owning unsubdivided land at the time of the effective date of this ordinance may divide said land into not more than two tracts although one tract thereof is less than three acres but the tracts so divided shall thereupon and thereafter be included in and subject to the pro- visions of this ordinance. This definition shall not include a bona fide division or partition of agricultural land for other than development pur- poses; nor apply to the sale or conveyance of any parcel of land which may be shown as one of the lots of a subdivision of which a plat has heretofore been recorded in the land records of Arapahoe County. 2. The dedication of a road, highway or street through a tract of land, regardless of the area. 3. The resubdivision of land heretofore divided into lots, tracts, sites or parcels. ARTICLE II. GENERAL REQUIREMENTS Section l. GENERAL PRINCIPLES OF ACCEPTABILITY A. B. PLANNING PRINCIPLES. The Planning Commission will study the subdivision layout in connection with the Municipal Master Plan, including the Master Street Plan, the Zoning Or dinance and the topography of the area, and will take into consideration the general requirements of the community, the particular requirements of the neigh- borhood, and the best use of the land to be subdivided. Particular attention will be given to specific requirements for parks, playgrounds, school sites, public building sites, principal roads, the adequacy of street connections and the suitability of the land for development. LARGE LOTS. If a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged to allow the opening of future streets and logical further subdivision. C. RESERVE STRIPS. Reserve strips on the outer boundaries of a subdivision may be es- tablished to control access to a partial width street or to a full width street, :1 : .... I . . ~ I . I . i . I upon approval of the Planning Commission, and provided that the subdivision plat be accompanied by such agreement to dedicate or by such conditional dedication of said strip or strips as the Planning Commission may require, to be effective when suffi- cient ground is made available for public use to permit widening of said strip or strips to their normal widths. No other reserve strips controlling access to pub- lic ways shall be permitted except when the control and disposition of land compris- ing such strip or strips are placed within the jurisdiction of the City under con- ditions specified by the Planning Commission and attached to the plat. D. RAILROAD RIGHT-OF-WAY. Where a subdivision adjoins a railroad right-of-way, provision of space for grade separations, buffer strips and other protective treatment shall be aade to the extent and type as may be practicable. Section 2. STREETS AND ROADS (NOTE: Where applicable and if the requirements set forth in this section cannot be met feasibly or economically because of natural or other conditions, the Planning Commis- sion may recommend other maxima or minima as determined by the City Engineer to be justi- fied in the particular case.) A. B. c. D. • • G. H I. J. ROADS. Whenever a tract to be subdivided embraces any part of a throughway, commercial street, arterial street or residential street so designated on the Master Street Plan, such part of such public way shall be dedicated by the subdivider in the location and at the width indicated on the Plan. STREET SYSTEM. The street system shall be devised for the most advantageous develop- ment of the entire neighborhood area and in conformity with the Master Street Plan. Unless otherwise determined by the Planning Commission, principal streets in adjoin- ing subdivisions shall be continued and shall be of at least equal width. Street jogs should be avoided wherever possible. The street spstem shall provide for the future projection of the principal streets into unsubdivided lands adjoining and shall be designed to permit the continuation of a reasonable number of through utility rights-of-way or easements. INTERSECTIONS. There shall be a minimum number of intersections of residential streets with throughways and commercial streets. ALLEYS. Alleys not less than twenty feet wide and open at both ends will be required to be dedicated by the subdivider in all commercial and industrial districts shown on tbe official zone map for the City. Where conditions make this impractical, adequate off-street loading space, suitably surfaced, shall be provided. Such surfacing shall meet City specifications. STREET GRADES. Street grades shall conform in general with the terrain and should be not less than two-tenths of one per cent (0.2%), nor more than six per cent (6%) for throughways and commercial streets and not less than two-tenths of one per cent (0.2%), nor more than ten per cent (10%) for arterial streets, residential streets and culs- de-sac. All streets and alleys shall be completed to the grades officially approved or determined by the City or shown upon approved plans and profiles. CULS-DE-SAC. The over-all length of a cul-de-sac, or "dead-end" street, should not exceed five hundred feet (500') and shall be designed with a turnaround of not less than ninety feet (90') in diameter of right-of-way at the closed end and with curb diameter of not less than seventy feet (70'). HALF STREET. Whenever there exists a dedicated or platted half street or alley adjacent to the tract to be subdivided, the other half of the street or alley shall be platted or dedicated unless it is controlled by Section 1, C, of this Article. See also Article VI, 13 , Supplementary Regulations of Englewood zoning ordinance, reading "Part- ially Dedicated Street. a. No building permit shall be issued for a buildin1 9r structure on a lot which abuts a street dedicated to a portion of its required width and located on that side thereof from which no dedication has been made." VERTICAL CURVES. All changes in street grades shall be connected by vertical curves of a minimum length of one hundred feet (100'). ALIGNMENT AND VISIBILITY. Clear visibility measured along the center line shall be provided for at least six hundred Feet (600') on throughways and commercial streets, four hundred feet (400') on arterial streets a~d at least two hundred feet (200') on residential streets. 351 RIGHT-OF-WAY WIDTHS. Except in cases where the M1.11ter Street Plan sepcifies a greater or lesser width as a minimum, the minimum rights-of-way shall be'. ~Lg ~ (},,_J,:(t 17 Throughways •••••••••.•••••••.•••••••• shall be specially designated ~~ J~rj Commercial Streets •••••••••••••••••••••••.••••••••••••••••• 80 feet Ar'terial Streets ..•..•...•••.••.•.••••.•.•...••••••.•••••.• 60 feet Residential Streets and Culs-de-sac •••••••••••••••••••••••• 50 feet Alleys: 1. In commercial and industrial districts •••••••••••••• 20 feet 2. In residential districts .••••••••••••••••••••••••••• 16 feet Easements , except as provided in Section 5, E •••••••••••••• 16 feet K. ROADWAY WIDTHS. Except in cases where the Master Street Plan specifies a greater or lesser width as a minimum, the minimum roadways shall be: f\ # n~ l. V '-'v'U_.,_~ t{,z, J(. Throughways .•••••••..•.••••••.••••••• shall be specially designated/( { ~ \'. , u L10-l r !}, ~ r '1 l~l L. • Commercial Streets ••••...•••••••••.•••..•••••.••••••••• 64 Arterial Streets ••••••••••••••••••••••••••••••••••••••• 44 Residential Streets .••••••••••••••••••••••••••••••••••• 36 Cu ls-de-sac ............................................ 36 Alleys: l. In commercial and industrial districta •••••••••• 20 2. In residential districts •••••••••••••••••••••••• 16 Sidewalks , Residential: feet feet feet feet feet feet 1. Combination ••••••••••••••••••••••••••••••••••••• 3 feet 2. Separate ........................................ 4 feet Sidewalks, commercial and apartment .••••••.••••.••••••• 8 feet SIDEWALK SET-BACK. All sidewalks shall be located as required by the City. RADII OF CURVATURE: The minimum radii of curvature of streets, on center lines, shall be: Throughways •••••••••••••••••••••• shall be specially designated Commercial Streets •••••••••••••••••••••••••••••••••••• 400 feet Arterial Streets •••••••••••••••••••••••••.•••.•••••••• 100 feet Residential Streets and Culs-de-sac .•••••••••••••••••• 75 feet N. REVERSE CURVES. Between reverse curves on all streets there shall be a tangent at least one hundred feet (100') long where practical. O. STREET INTERSECTIONS. Street intersections shall be at right angles or nearly so and no point on a curve shall be in the intersection. P. CURB RADII. Curb radii shall be not less than fifteen feet (15') unless unusual cir- cumstances dictate such divergence, but property lines shall not follow these curb radii unless necessary. Q. R. GRADES AT INTERSECTIONS. Flat grades are preferred from fifty feet (50') to one hundred feet (100') away from an intersection, but in no case shall grades exceed four per cent (4%) for a distance less than one hundred feet (100') from all inter- sections. TEMPORARILY DEAD-ENDED STREETS. Streets which are stub streets designed to provide future connections with unsubdivided areas adjoining must provide a temporary turn- around at the stub end of the same specifications as required in Section 2, F. Sur- facing material therefor shall be as required by City Engineer. S. SUBSTANDARD LAND. Land subject to flooding and land deemed to be uninhabitable because of inadequate drainage or other reasons shall not be platted for any use which may increase danger to health, life, or property or aggravate flood or other hazards, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory conditions. However, this shall not be construed as precluding subdivision of a given plot of ground providing the owner agrees to install such adequate and sufficient storm sewers . or other drainage structures in accordance with City requirements, which said install- ations will render such ground habitable. Section 3. BLOCKS A. LENGTH. Blocks shall not exceed fourteen hundred feet in length, except by the ap- proval of the Planning Commission and then in unusual instances. B. RESIDEIITIAL. In general, blocks shall be planned to provide two rows of lots, but irregularly shaped blocks indented by culs-de-sac will be acceptable when properly designed with relation to the over-all plan. C. INDUSTRIAL OR COMMERCIAL. Blocks intended wholly or partially for industrial or com- mercial use shall be designed specifically for such purpose, with adequate space set aside for off-street parking and loading purposes, as required by the zoning ordinance. Section 4. LOTS A. LOT DIMENSIONS. Varying dimensions of lots are recommended but the minimum dimensions of lots for residential use shall be in accordance with the zoning ordinance. In areas where no public sewers are available, the lots shall be large enough to afford the construction of septic tanks in accordance with the regulations and specifications of the Tri-County Health Department. B. c. WIDTH TO DEPTH RATIO. The depth of the lot normally should not exceed twice the width. ACCESS TO STREET. Each lot shall abut on a dedicated street or a place accepted by the Planning Commission. D. SIDE LOT LINES. Side lines of lots shall be approximately at right angles or\radial to the street line. E. ARRANGEMENT OF LOI'S. The shape of lots and their orientation shall be appropriate to the location of the proposed subdivision and to the type of development contemplated. I ··-·· . I F. THROUGH LOTS. Double frontage lots, other than corner lots, will be permitted only under unusual conditions. G. LOTS ON THROUGHWAYS OR COMMERCIAL STREETS. Where a new subdivision involves frontage on throughways or commercial streets, lots fronting thereon must conform to the fol- lowing requirements in addition to requirements as specified in the zoning ordinance unless side access roads are provided. l. An alley along the rear of said lots should be provided to offer secondary access to the lots. It is recommended that all drives enter from said alley to insure more safety to the property owners and increase the traffic capacity of the throughway or commercial street. Section 5. PUBLIC SPACES A. RESERVATION OF PUBLIC LAND. Where part of a subdivision is dedicated to public uae (streets, alleys, parks, playgrounds, etc.) and before such plat may be filed or recorded, acceptance of such dedicated property by City Council shall be endorsed on the plat by the Mayor. Approval of a plat by t~ Plannin& Commission shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat. Before such acceptance of dedicated property the subdivid- er shall have laid out and constructed all neceaaary streets and alleys in the pro- posed subdivision, together with sidewalks, curb• and autters in accordance with the requirements to be specified as to grading, width, location, course, drainage, cul- verts, bridges and other necessary requirements, such specifications to be recommend- ed by the City Engineer and approved by the Council. In lieu of the completion of such improvements the subdivider shall provide a surety bond to secure to the City the construction of such iaprovements in a manner hereinafter required in Section 6,A. B. DISPOSITION OF RESERVED AREAS 1. Public Sites. Areas to be reserved for parks, playgrounds, school sites or other public uses shall be reserved by separate agreement and as such for a period of five (5) years after recording to the record plat, during which time the public agency involved shall have the option to acquire same. Each such area shall be designated as a single lot on the record plat. Provided, however, that the Plan- ning Commission may, upon request of the subdivider and after a bearing to consid- er said request, recommend the release of the subdivider from the obligation of such reservation when it shall find that to do otherwise would impose an undue hardship upon the subdivision or upon the subdivider. 2. Semi-Publi c Sites. Areas reserved for church or other semi-public uses such as public utility installations, gas regulator stations, etc. may upon completion of development of the entire subdivision, be offered for sale by the subdivider for a period of up to one (1) year after such completion of development, during which time appropriate users of such sites may have the opportunity to purchase or to obtain option on said sites at a price which shall reflect their current true market value. C. MULTIPLE FAMILY OR HIGH DENSITY AREAS. Where an area is to be developed or subdivided for aultiple family or high density use, the Planning Commission may require open spaces suitably locat ed and of adequate size for parks, playgrounds and recreational purposes within such area. Said spaces may be dedicated for the common use of the public or be established by covenants or other conditions in deed or deeds for the use of the public. D. NATURAL FEATURES. Outstanding natural and cultural features such as scenic spots, water courses, and historic sites shall be reserved insofar as possible. E. EASEMENTS 1. Utility Easements. To afford the proper installation, extension and enlarge- ment of public and private and overhead and/or underground utility lines, rights-of-way or easements at least sixteen feet (16') wide, eight feet (8') on each side of rear or side property lines, together with the right of ingress thereto and egress therefrom, shall be provided where necessary. Easements through a parcel and along the edge of one parcel only shall, likewise, be a minimum of sixteen feet (16'). For lots facing upon curvilinear streets the rear ease- .. nt line shall consist of a series of tangents with a minimum number of points of deflection. Where possible and to provide for guy structures, etc., and a minimum interference with land use, points of deflection shall coincide with wide lot lines on the side of the exterior anale. In certain instances easements of limited width and length to provide for iUY structures should be provided. here necessary to coordinate service needs and to provide feed-through facil- ities between adjoining developments, sucb needs abould be indicated on the plan. The subdivider shall present a letter or other satisfactory evidence that agree- ment bas been reached with the public utilitie• affected concerning the locations of easements set forth on the subdivision plan. (See also notations concerning reservation and dedications to be shown on plat in Aa-ticle III, Section 2, A.7.) 2. Easements along streams, ditches and water couraes. Wherever any stream, irriga- tion ditch or other water course ls localed In a aubdivision, the subdivider, at bis expense, shall make provision accordina to apecifications and standards estab- lished by the City for straightening or widenin& the channel to carry the surface water and shall provide and reserve easements along such streams, ditches and ater courses in such widths as determined by the City for the purpose of widen- ing, improving, protecting and maintaining same and for recreational purposes. The subdivider shall submit any date, includin& plats of profiles and contours, designs, calculations, etc., which may assist the City Engineer in tbe prepara- tion of any report required of him regarding drainage conditions in the proposed subdivision and any drainage facilitl•• proposed by the subdivider to serve the subdivision. No irrigation ditches shall be peraitted on public roads except here acquired by vested rights or where crossing public roads. Section 6. IMPROVEMENTS A. INSTALLATION OF IMPROVEMENTS. The improvements required herein shall be constructed and installed, or provision made therefor, prior to the final approval of the subdiv- ision and the final plat thereof. In lieu of the completion of such improvements the subdivider shall provide a surety bond to secure to the City the construction of the improvemeats within such period as shall be determined by Council. Said bond shall be in an amount adequate to cover the cost of the improvements as determined by Council with surety and conditions satisfactory to Council. Tentative approval of the whole of a subdivision may be secured and the improvements installed in a portion thereof but no lots shall be developed, offered for sale~ or sold excepting within that portion wherein the improvements have been installed or bond provided to insure the installation thereof. Any improvements constructed in that portion of the subdivision shall be designed and built in such manner that they can be extended or expanded to serve the entire subdivision. B. STREET IMPROVEMENTS. In order to provide for the orderly construction of public im- provements as areas are built and developed, to avoid intermittent sections so im- proved or unimproved, and to promote the public health, safety and welfare, all streets shall be graded and improved by paving, concrete curbs and gutters and side- walks, unless and provided that Council shall find, upon the recommendation of the Planning Commission, that paving, curbs, gutters and •idewalks , or any of them, are not required for an adequate use and development of the area involved. C. WATER AND SEWER MAINS, FIRE HYDRANTS. The subdivider shall present a clearance or other satisfactory evidence that settlement has been made with the City Engineer and the Water and Sewer Commissioner for installation and construction of water and sewer mains and placement of fire hydrants in compliance with City Regulations. D. PUBLIC IMPROVEMENTS. No public improvements shall be installed nor shall any platted or dedicated street be used or improved except in compliance with this ordinance. Whea- ever this ordinance, a resolution of Council, or of the Planning Commission require the subdivider to install water and/or sanitary sewer mains in the subdivision and of an increase in size designed and intended to serve land other than that located with- in the subdivision, the Planning Commission may recommend to Council an agreement with the subdivider to reimburse him for the cost of the increase in size of the mains. E. STREET NAMING AND BLOCK AND LOT NUMBERING. To avoid duplication and confusion result- ing from an unsystematic method of street naajng and property numbering, to facilitate fire and emergency calls, to avoid delays and losses in deliveries and to provide cor- rect data for legal instruments, etc., the subdivider shall obtain approval of the City Engineer of proposed names of streets and property numbering. The Preliminary Design and Final Plan shall carry street names and property numbering in accordance ith approval of City Engineer. ARTICLE I I I. PROCEDURE Section 1. SUBMITTING THE PRELIMINARY DESIGN The subdivider shall prepare a preliminary design of his proposed subdivision, which shall comply with the provisions of this ordinance, and shall file with the City Engineer his written application accompanied by four black or blue line prints of the design at least ten days prior to the meeting of the Planning Commission at which action is desired. Section 2. PRELIMINARY DESIGN A. The Preliminary Design shall contain: 1. The name of the subdivision. 2. Legal description of p~operty. 3. Names and addresses of owner, subdivider and designer of Preliminary Design. 4. Scale of the Preliminary Design (preferably 100 feet to the inch). 5. North point and date. 6. Boundary lines of proposed subdivision with angles, bearings and distances which must close within the limits of l in 5,000. • 7. The locations, widths and names of streets or other public ways, easements, rail- road and utility rights of way, section and corporation lines within the tract. In addition, the names, street names, blocks and lots of immediately contiguous or surrounding subdivisions, present zoning status of same and of area proposed to be subdivided and locations of such utilities, including invert elevations of sanitary sewer manholes, and easements, together with such additional data as may affect the design of proposed subdivision. 8. Location of land intended to be conveyed or reserved for public use, church sites, or reserved in deeds for the use of all property owners within the proposed sub- division. 9. Any changes in the use, height, area and density districts or other regulations under the zoning ordinance applicable to the area to be subdivided. 10. Approximate angles and radii of curves. 11. Dimensions of lots, alleys and easements to nearest foot. I I I I 12 •. Contours at intervals of two feet (2') or less referred to City or to United States Geological Survey datua •. In particularly rough topography contours at five foot (5') intervals will be acceptable. 13. Existing permanent buildings or structures in the tract. 14. Locations of existing and proposed bridges, culverts and structures for the col- lection and discharge of surface drainage within and adjacent to the proposed subdivision. 15. Space for notation of action of Planning Commission and date. 16. Should the Preliminary Design cover but a part of subdivider's entire holding, a sketch of prospective street pattern for the submitted part. Sketch of the area not contemplated for primary development will not be subject to filing fee. Section 3. VICINITY SKETCH In addition to the information required in Section 2 above, a sketch at scale of not less than 600 feet to the inch is required. Such sketch or portion of an official map shall include relationship of submitted tract to (1) nearest public elementary, junior high and high school; (2) major roads or arterial streets; (3) nearest commercial zone district and such additional information as may prove pertinent to the consideration of submitted plat. Section 4. REVIEW OF DESIGN A. The Planning Commission shall determine whether the Preliminary Design is in compliance with requirements herein enumerated and if in conformity with the Municipal Master Plan or Master Street Plan. Copies of the Preliminary Design as submitted to the City Engin- eer will be submitted to appropriate municipal agencies for review and recommendations as to compliance with departmental requirements. B. Upon receipt of above recommendations the Planning Commission, after hearing and con- sideration of all pertinent factors, will certify to subdivider and to appropriate municipal agencies its approval or disapproval of submission giving (1) the specific changes it recommends in Preliminary Desi1n; (2) the character and extent of required improvements and (3) the amount of performance bond Council may require in lieu of the completion of improvements required herein. C. Approval of Preliminary Design by Planning Commission shall be effective for a maximum period of Twelve months unless, upon application by developer, an extension may be granted. Section 5. SUBMITTING THE FINAL PLAN A. Upon approval of Preliminary Design the subdivider may file with the Planning Commission a plat to be known as the Final Plan. This shall comprise six black or blue line prints and on~ t racing on linen of size required by the County Clerk and Recorder of Arapahoe County. B. The Final Plan shall contain all the information required in the Preliminary Design and the following: 1. Locations of Monuments. Locations of iron pin monuments one-half inch in diameter and thirty Inches long as set in concrete at least five inches in diameter. These shall be located in the ground at all intersections of side lines of streets and alleys with platted boundary lines and at all points on streets, alleys, or boundary lines where there is a change of direction or curvature or intersection of such lines. All monuments shall be properly set in the ground to existing grade before Final Plan is approved. 2. Engineer Certification. Certification by a registered professional engineer or land surveyor to the effect that the Final Plan represents a survey made by him and that the monuments shown thereon actually exist as located and that all dimen- sions and other details are correct. 3. Notary Statement. Notarized certification by the owner or owners of the adoption of the Final Plan. 4. A~proval of Improvements. Approval by the City ~ngineer, public utilities, the P annlng Commission and other appropriate authorities concerned with the specifi- cations and inspection of utility rights of way, installations and improvements. 5. Deed Restrictions or Protective Covenants. A letter shall accompany Final Plan attesting to the recording of deed restrictions or protective covenants, which shall not appear on the face of the plat. 6. Public Land. A conveyance to the School District of land set aside for schools, and to the City of land set aside for parks, playgrounds or other public uses, and a dedication of streets, alleys and other public rights of way for public purposes shall accompany Final Plan. Approval of a plat shall not be deemed to constitute or effect an acceptance by the public of any street or other open space shown upon the plat. Such acceptance, if any, shall be given by action of Council. 1. Performance Bond. A performance bond to secure to the City the actual construction and installation of an improvement where such improvement is not installed. 8. Certificate of City Clerk of approval by Council and action by Council on offer of dedication. 9. Certificate of County Recorder as to taxes. 10. Line of High Water to be shown on Final Plan should subdivision adjoin stream channel, irrigation ditch or other body of water. 11. Boundary Lines. The boundary lines with accurate angles, bearings and distances and the widths of all existing or recorded streets intersecting the boundary of the tract. All dimensions to be determined by accurate field survey which must balance and close within limit of one (l) in five thousand (5,000). 12. Relationship to Known Monument. True bearings and distances to the nearest es- tablished street lines or official monuments which shall be accurately described on the plat; municipal, township, county or section lines accurately related to the lines of the subdivision by distances and bearings. 13. The Final Plan. The Final Plan shall include: a. The lengths of all arcs and radii, internal angles, points of curvature, and lengths and bearings of tangents. b. All easements as approved by public utilities. c. All lot lines and other parcels of land with accurate dimensions in feet and hundredths of a foot with bearings or angles to street and alley lines. Lot dimensions shall close to one (1) in five thousand (5,000). 14. Identification. All lots and blocks shall be numbered in an acceptable manner. (See Article II , Section 6, E.) 15. Cross Sections of Tyrical Proposed Streets showing widths of roadways, location and widths of sidewa ks, curbs and gutters, etc. 16. Profiles. Profiles to a scale of forty feet (40') horizontal and five feet (5') vertical of streets and alleys and to the satisfaction of the City Engineer. One tracing and one print of same shall be required. 17. Final Plan shall be accompanied by: a. Certificate from County Treasurer that taxea have been paid and that no de- linquent taxes, liens, etc., are assessed against the property. b. Proof of title by abstract of title or title insurance policy. Section 6. APPROVAL OF FINAL PLAN A. The Planning Commission shall approve or disapprove a plat within thirty days after I the submission thereof to it; otherwise such plat shall be deemed to have been ap-I proved, and a certificate to that effect shall be issued by the Planning Commission ;. on demand. The applicant for the Planning Commission's approval may waive this re-1 quirement and consent to an extension of such period. The ground of disapproval of : any plat shall be stated upon the records of the Planning Commission. Any plat sub-.. mitted to the Planning Commission shall contain the name and address of a person to whom notice of a hearing shall be sent. No plat shall be acted on by the Planning Commission without affording a hearing thereon. Notice shall be sent to the address by registered mail of the time and place of such bearing not less than five days be- fore the date fixed therefor. ·similar notice shall be mailed to the owners of land immediately adjoining the platted land, as their names appear upon the plats in the County Clerk's office and their addresses appear in the directory of the municipality or on the tax records of the municipality or county. B. Upon certification that Final Plan complies with the provisions of this ordinance the Planning Commission shall approve the Final Plan in writing and shall then transmit same to Council for its approval before being recorded. At its next meeting, or within a period not exceeding 30 days after the filing of the Final Plan with the Planning Commission, Council shall approve said Final Plan if it conforms with all of the requirements hereinbefore set forth. Section 7. RECORDING THE FINAL PLAN The Final Plan shall be filed for record by the City in the office of the Arapahoe County Clerk and Recorder immediately after approval by Council. Section 8. FEES At the time Preliminary Design is submitted to the Planning Commission there shall be collected a filing fee of $50.00 for the first 10 acres or any part thereof, and a fee of $2.00 for each acre in excess of 10 acres. All recording fees required by the County Clerk and Recorder shall be deposited with the City Clerk upon approval of the Final Plan. ARTICLE IV. GENERAL AND LEGAL STATUS PROVISIONS Section 1. VARIATIONS AND EXCEPTIONS Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or conditions that the strict application of the provisions of this ordinance shall result in substantial hardships, the Planning Commission may vary or modi- fy such requirements to the end that the subdivision may be developed consistent with pub- lic welfare and safety. I Section 2. APPEAL In the event the layout or plat of a subdivision has been disapproved by the Planning co .. ission, the applicant for .approval may petition Council for a hearing upon said re- jection. After public hearing Council, upon two-thirds vote of its entire membership, maJ approve the subdivision or take other action consistent with the provisions of this ordin- ance. Section 3. AMENDMENTS After study and recommendation by the Planning Commission and upon public hearing this ordinance may be amended by Council. Section 4. SEPARABILITY CLAUSE If any article , section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or illegal, such invalidity shall not affect the validity of the remaining portion of this ordinance. The Council of Englewood hereby de- clares that it would have passed this ordinance and every article, section, sub-section, sentence, clause or phrase thereof irrespective of the fac~ that any one or more artidles, sections, sub-sections, sentences, clauses or phrases be declared unconstitutional or il- legal. Section 5. PENALTIES FOR SALES IN UNAPPROVED SUBDIVISIONS Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells or agrees to sell or negotiates to sell any land by refe r ence to or ex- hibition of or ·by use of a plat of a subdivision, before such plat has been approved by the Planning Commission and recorded or filed in the office of the County Recorder, shall forfeit and pay a penalty of One Hundred Dollars ($100.00) for each lot or parcel so trans- ferred or sold or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided in this section. The City of Englewood may enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction or aay recover the penalty by civil action in any court of competent jurisdiction. Section 6. EFFECTIVE DATE The City Council hereby finds, determines and declares that this ordinance is necessary for the imaediate protection and preservation of the public health, safety, convenience and general welfare, and it is enacted for that purpose. In the opinion of the City Counc~l an emergency exists; therefore, this ordinance shall be in full force and effect immediately after its passage and final publication pursuant to legal provisions and procedures as re- quired by state statutes of the State of Colorado. Passed on First Reading by the City Couneil of the City of Englewood, Colorado, this 25th day of March, A.D. 1957, and ordered published in the Englewood Herald and Enterprise. Passed on Final Reading by the City Council of 6 day of May, A.D. 1957, and ordered published ~.--.. ---,,----T -=x-____ --,--+-_ ~ A ' I ATTEST: I, J. L. Barron, City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing Ordinance was introduced and read in full and ordered published as pro- posed Ordinance for the meetings of March 25th and llay 6th, 1957, held by the City Council of the City of Englewood, Colorado, on said dates and the saae was published in the Engle- wood Herald and Enterprise, May 9th, 1957, as Ordinance No. 14, Series of 1957.