Section 11-5-1. Purpose. This article establishes the minimum standards for the design and improvement of land subdivision projects to ensure that each building site:

Is capable of accommodating a structure for its intended use;

Is consistent with the standards in this UDO;

Is adequately mitigated from natural hazards;

Is adequately served by a street network providing safe and convenient access; and

Has sufficient access to public improvements and services.

[Source: Ord. 1766, 2019]

Section 11-5-2. Applicability.

General Applicability. This article shall apply to divisions of land into two or more parcels, building sites, tracts, or lots. Evaluation and approval of subdivision applications shall be pursuant to Section 11-6-6, Subdivision Procedures.

Existing Subdivision Agreements and Covenants.

Subdivisions filed and recorded prior to the effective date of this UDO shall not be regulated by this article unless proposed for any re-subdivision.

This article is not intended to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of private agreements or restrictive covenants running with the land. Where this article imposes a greater restriction than that imposed by existing provisions of law, contract, or deed, the provisions of this article shall control.

Minimal Standards. The standards in this article are the minimum. The City may impose more restrictive standards when it finds that they are necessary to comply with applicable engineering standards or other standards applicable to the City of Northglenn.

[Source: Ord. 1766, 2019]

Section 11-5-3. Subdivision Design Standards.

Compliance with Zoning Requirements. The layout of road, lots, driveways, utilities, drainage facilities, and other services and improvements shall be designed to minimize the amount of land disturbance, maximize the amount of open space, preserve existing trees and vegetation, protect sensitive areas, and otherwise implement the intent of this UDO. Applicants shall ensure that proposed subdivisions are designed to comply with the standards for the underlying base zoning district(s) to avoid creating lots that will make compliance with such standards difficult or infeasible.

Suitability of Land for Subdivision. Land subject to natural hazards shall be considered unsuitable for development and/or occupancy if such development or occupancy may impair the health, safety, or welfare of the inhabitants. Where such hazards exist, development or subdivision shall only be permitted with adequate mitigation approved by a registered professional engineer licensed in the State of Colorado.

Subdivision Design Adjacent to Railroad, Highway, or Arterials. Where a subdivision borders a railroad right-of-way, a freeway, or an arterial, the design of the subdivision shall include adequate provisions for reduction of noise, such as incorporating a parallel street, a landscaped buffer area, or lots with increased setbacks.

Block and Lot Design.

Blocks shall be at least 400 feet in length and not more than 1,320 feet in length between street intersections.

Blocks exceeding 1,000 feet in length shall include pedestrian crosswalks and pedestrian easements to facilitate pedestrian circulation.

Block lengths and widths shall be suitable for the uses contemplated and the zoning district standards for minimum lot sizes and dimensions.

Each lot shall comply with the applicable zoning district requirements.

Reverse frontage lots shall be avoided to the maximum extent practicable.

Side lot lines shall be at right angles or radial to street lines to the maximum extent practicable.

Street Design and Construction.

Streets shall be designed pursuant to the standards in Section 11-4-5, Access and Circulation.

Streets shall be designed, installed, and constructed pursuant to and in compliance with the applicable provisions of Chapter 16 of the Municipal Code and the street specifications adopted by Article 8 of Chapter 16, and the Public Works Standards and Specifications.

No lot or parcel of land in the City of Northglenn adjacent to or fronting an unimproved street shall be used for residential, commercial or industrial purposes until the required street improvements have been installed and constructed, unless an improvements agreement guarantee has been approved pursuant to Section 11-5-6, Guarantee of Public Improvements.

Compliance with the requirements of this section shall be a prerequisite to the issuance of a building permit under the provisions of Article 43 of this Chapter.

[Source: Ord. 1766, 2019]

Section 11-5-4. Public Improvement Standards.

Purpose. This section establishes the minimum acceptable standards for improvement of streets and utilities. All improvements in streets or easements that are required as a condition to plat approval shall be the responsibility of the subdivider.

Improvements Required. The following improvements shall be provided by the subdivider:

Streets, pursuant to this article, Section 11-4-5, Access and Circulation.

Curbs, gutters and sidewalks pursuant to the Public Works Standards and Specifications and Section 11-4-5, Access and Circulation.

Bridges, culverts, or open drainage channels (where required), pursuant to the Public Works Standards and Specifications.

Water lines pursuant to the Public Works Standards and Specifications.

Sanitary sewer lines pursuant to the Public Works Standards and Specifications.

Storm drainage improvements and storm sewers where required, subject to the standards in Section 11-4-4, Stormwater and Drainage Control, and the Public Works Standards and Specifications.

Fire hydrants, pursuant to the Fire Code.

Street lights, pursuant to the Public Works Standards and Specifications.

Landscaping pursuant to Section 11-4-7, Landscaping, Screening, and Fencing.

Other improvements not specifically mentioned deemed necessary by the Director due to conditions found on the site.

Underground Utilities.

Utilities shall be placed underground to the maximum extent practicable. The subdivider shall be responsible for complying with the requirements of this section and shall make the necessary arrangements including any construction or installation charges with each of the serving utilities for the installation of such facilities and shall be subject to all applicable laws and regulations for the construction of the same.

Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and other facilities necessarily appurtenant to such underground utilities may be placed above ground; electric transmission and distribution feeder lines and communication long distance trunk and feeder lines and necessary appurtenances may be placed above ground in required easements.

Existing facilities or subdivisions platted prior to the adoption of this ordinance shall not be required to comply with Section 11-5-4(c).

[Source: Ord. 1766, 2019]

Section 11-5-5. Land Dedications.

Intent. This section is intended to provide adequate sites for the location of public facilities necessitated by the impacts created by new development. Such sites may be dedicated to the City, special district, or homeowners' association for eventual construction and maintenance. The intent is to require appropriate mitigation in proportion to the impacts being created by new development.

General Requirements. The developer shall provide for the construction of, at no cost to the City or special district, all roads adjacent to the area being platted in conformance with the City Master Plan, all roads adjacent to publicly dedicated sites, traffic signalization to serve the site, extensions of all utilities to the site and other public infrastructure as required by the City Council. Security needed to ensure such improvements shall be required at the time of final platting as requested by the City Council.

Lands for Parks, Trails, and Open Space.

Applicability and Purpose. Whenever land is proposed for residential subdivision, the developer shall provide land or cash in lieu of land for park, trail and open space demand generated by the proposed use. In general, these lands shall be suitable for the development of active play areas, passive open areas or trails or, in some instances, to preserve unique landforms or natural areas. Where no suitable land is available in a residential development, cash in lieu of land or the equivalent monetary value or the donation of recreation facilities may be substituted at the City's discretion.

Conveyance of Dedicated Land

The conveyance of dedicated park land and open space to the City shall be by warranty deed or special warranty deed, and the title shall be free and clear of all liens and encumbrances, including real property taxes prorated to the time of conveyance. Dedicated park land shall include the necessary water rights or other available water service to provide for irrigation and drinking water.

Community and neighborhood parks and all other dedicated open space land shall be conveyed as specified by the subdivision improvement agreement.

Cash-in-Lieu-of-Land Dedication

Applicability. Cash-in-lieu-of-land dedication or off-site land dedications shall be used in cases in which the cash value of park land dedication and park development costs is deemed, by the City Council, to be more appropriate in satisfying the needs of the residents of the proposed development than land.

Schools. Cash-in-lieu-of-land dedication shall be required when deemed by the City Council, upon recommendation of the school district, to be appropriate in satisfying the needs of the proposed residential development. For residential minor developments, the minimum cash-in-lieu fee shall be five hundred dollars ($500.00) per each additional residential lot created.

[Source: Ord. 1766, 2019]

Section 11-5-6. Guarantee of Public Improvements.

Public Improvements Required.

In each new subdivision, the City Council shall determine the type, location and extent of necessary public improvements (the "Public improvements") depending upon the characteristics of the proposed development and its relationship to surrounding areas. Improvements shall be made by the applicant at the applicant's expense according to standards and specifications prepared by a qualified professional engineer in accordance with the applicable City of Northglenn regulations.

Public improvements, including, but not limited to, all streets, road rights-of-way, and sidewalk, drainage, and landscape improvements located within street and road rights-of-way, shall conform to the requirements of the applicable City planning documents, the Northglenn Municipal Code, and all other regulations pertaining to the development of land.

Acceptance of the Subdivision Agreement. No final plat shall be approved or recorded until the applicant has submitted and the City Council has reviewed and accepted a subdivision agreement (or similar performance agreement) that provides for the construction of all required public improvements shown in the final plat documents and secured by the following:

Financial Guarantee. A financial guarantee in the form of an irrevocable letter of credit or cash arrangement approved by the City Attorney (the "security") in the amount of 110 percent of the total construction cost of the public improvements. The City shall have the right to draw on the security for the purpose of restoring and remediating any site disturbance and/or constructing or completing construction of any public improvements, provided that the City shall not be obligated to undertake such action if the City Council, for good cause, deems it inadvisable to do so. In the event the City draws on the security, neither the applicant nor his or her successors or assigns shall engage in any work on the site until new security is provided to the City in the amount specified in this Section. Security shall be deposited to warrant the public improvements against defects during the two-year warranty period. Such warranty security shall be posted in the amount of 20 percent of the total construction cost of the public improvements for the two-year warranty period.

Restriction on Residential Approvals. Until the Public Improvements are accepted for probationary purposes by the City in writing, the City shall not be obligated to issue any building permits for private improvements within the residential subdivision, except as provided herein. The sidewalks, plant material and related irrigation facilities for a City-approved landscape plan for street, road rights-of-way, parks, open space and other public places (the "streetscape/landscape improvements") may be installed after probationary acceptance of the Public Improvements for a subdivision, subject to the following requirements:

A financial guarantee that complies with this Section in an amount of 110 percent of the total cost to purchase and install the streetscape/landscape improvements is provided to the City, which financial guarantee shall be in place until all of the streetscape/landscape improvements are installed and approved in writing by the City; provided, however, that the financial guarantee may be reduced to the extent provide herein.

The City may withhold certificates of occupancy for private improvements within the subdivision for noncompliance with the provisions of this section.

The City Attorney shall review and approve the subdivision agreement in the form set forth in the Administrative Manual.

[Source: Ord. 1766, 2019]