16.04.010 Title and short title.
A. Title: A resolution establishing rules, regulations and standards governing the subdivision of land within the unincorporated area of the County, setting forth the procedure to be followed by the Board of County Commissioners and the Planning Commission in applying and administering these rules, regulations and standards, and setting forth the penalties for the violation thereof as established by the State of Colorado.
B. Short Title. These regulations shall be known and may be cited as "The Pueblo County Subdivision Regulations."
16.04.020 Authority, jurisdiction, enforcement and penalty.
A. The County is authorized by law to control the subdivision of all of the unincorporated land within the County limits by virtue of Chapter 28 of Title 30, Colorado Revised Statutes.
B. Colorado Revised Statutes Section 30-28-133. The authority is more specifically defined as follows: 30-28-133, Subdivision regulations.
(1) Every county in the State which does not have a county planning commission on July 1, 1971, shall create a county planning commission in accordance with the provisions of Section 30-28-103. Every county planning commission in the State shall develop, and the county commissioners shall adopt and enforce subdivision regulations for all land within the unincorporated areas of the county in accordance with this section not later than September 1, 1972. In the event the county commissioners of any county in the State have not adopted subdivision regulations on September 1, 1972, then and in such event the land use commission may promulgate such subdivision regulations for such areas of the county for which no subdivision regulations exist. Such subdivision regulations shall be in full force and effect, and enforced by the county commissioners. If at any time thereafter the Board of County Commissioners adopts its own subdivision regulations for land within the unincorporated areas of the county, such regulations shall be no less stringent than the regulations promulgated by the Colorado Land Use Commission under this subsection (1). All subdivision regulations, and all amendments thereto, adopted by a board of county commissioners shall be transmitted to the Colorado Land Use Commission.
Any person, partnership or corporation intending to subdivide land as defined in Section 16.04.040 of these regulations shall submit plans and plats as required by and specified in these regulations to the Board of County Commissioners located as:
Pueblo County Courthouse
215 West 10th Street
Pueblo, Colorado 81003
for review and approval, as follows:
All plans of streets or highways for public use, and all plans, plats, plots and re-plots of land laid out in subdivision or building lots, and the streets, highways, alleys or other portions of the same intended to be dedicated to a public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, shall be submitted to the Board of County Commissioners for review and subsequent approval, conditional approval, or disapproval. It shall not be lawful to record any such plan or plat in any public office unless the same shall bear thereon, by endorsement or otherwise the approval of the board of county commissioners and after review by the appropriate planning commission.
C. Colorado Revised Statutes Section 30-28-110(4)(a) through (e) states:
30-28-110(4)(a) Regional planning commission approval, required when - recording (4)(a) Any subdivider, or agent of a subdivider, who transfers legal or equitable title or sells any subdivided land before a final plat for such subdivided land has been approved by the board of county commissioners and recorded or filed in the office of the county clerk and recorder is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars nor less than five hundred dollars for each parcel of or interest in subdivided land which is sold. All fines collected under this paragraph (a) shall be credited to the general fund of the county. No person shall be prosecuted, tried, or punished under this paragraph (a) unless the indictment, information, complaint, or action for the same is instituted prior to the expiration of eighteen months after the recordation or filing in the office of the county clerk and recorder of the instrument transferring or selling such subdivided land. The board of county commissioners may provide for the enforcement of subdivision regulations by means of withholding building permits. No plat for subdivided land shall be approved by the board of county commissioners unless at the time of approval of platting the subdivider provides the certification of the county treasurer’s office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.
(b) The board of county commissioners of the county in which the subdivided land is located has the power to bring an action to enjoin any subdivider from selling subdivided land before a final plat for such subdivided land has been approved by the board of county commissioners.
(c) The board of county commissioners shall distribute, or cause to be distributed, the sets of plans or plats submitted to the agencies as referred to in section 30-28-136(1).
(d) Any violation or paragraph (a) of this subsection (4) is prima facie evidence of a fraudulent land transaction and shall be grounds for the purchaser to void the transfer or sale.
(e) This subsection (4) applies only with respect to parcels of land less than thirty-five acres in the area.
16.04.030 Statement of purposes.
A. To assist orderly, efficient and integrated development of the county;
B. To promote the health, safety and general welfare of the residents of the county;
C. To ensure conformance of land subdivision plans with the public improvement plans of the county and its various municipalities;
D. To ensure coordination of intermunicipal public improvement plans and programs;
E. To encourage well planned subdivisions by establishing adequate standards for design and improvement;
F. To improve land survey monuments and records by establishing standards for surveys and plats;
G. To safeguard the interests of the public, the homeowner, and the subdivider;
H. To secure equitable handling of all subdivision plans by providing uniform procedures and standards;
I. To prevent loss and injury from fire in mountainous wooded terrain;
J. To preserve natural vegetation and cover and promote the natural beauty of the county;
K. To prevent and control erosion, sedimentation and other pollution of surface and subsurface water;
L. To prevent flood damage to persons and properties and minimize expenditure for flood relief and flood control projects;
M. To restrict building on flood lands, shorelands, areas covered by poor soils, or in areas poorly suited for building or construction;
N. To prevent loss and injury from landslides, mudflows and other geologic hazards;
O. To provide adequate space for future development of schools and parks to serve the population;
P. To assure the planning for and provision of an adequate and safe source of water and means of sewage disposal.
As used in this title:
"Board" means the Board of County Commissioners of Pueblo County.
"Conservation standards" means guidelines and specifications for soil and water conservation practices and management enumerated in the Technical Guide prepared by the USDA Soil Conservation Service for Pueblo County, adopted by the County Soil and Water Conservation District Supervisors, and containing suitable alternatives for the use and treatment of land based upon its capabilities from which the landowner selects that alternative which best meets his needs in developing his soil and water conservation plan.
"Comprehensive plan" means a comprehensive plan for the future growth, protection and development of the county, affording adequate facilities for housing, transportation, comfort, convenience, public health, safety and general welfare of its population.
"Crosswalk" or "walkway" means a right-of-way dedicated to public use to facilitate pedestrian access through a subdivision block.
"Disposition" means a contract of sale resulting in the transfer of equitable title to an interest in subdivided land; an option to purchase an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land which is not made pursuant to one of the foregoing.
"Double frontage lots" means lots which front on one public street and back on another.
"Dwelling unit" means any structure or part thereof designed to be occupied as the living quarters of a single family or housekeeping unit.
"Easement" means a right to land generally established in a real estate deed or on a recorded plat to permit the use of land by the public, a corporation, or particular persons for specified uses.
"Evidence" means any map, table, chart, contract or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition, which evidence must be relevant and competent and must support the position maintained by the subdivider.
"Health Department" means the Pueblo Department of Public Health and Environment.
"Lateral sewer" means a sewer which discharges into another sewer and has only building sewers tributary to it.
"Multi-family dwelling" means a building providing separate dwelling units for two or more families.
"Municipality" means an incorporated city or town.
"National Cooperative Soil Survey" means the soil survey conducted by the U.S. Department of Agriculture in cooperation with the State Agricultural Experiment Stations and other federal and state agencies.
"Off-street parking space" means the space required to park one passenger vehicle which space shall be not less than two hundred (200) square feet in area, exclusive of access drives.
"Permanent monument" means any structure of masonry and/or metal permanently placed on or in the ground, including those expressly placed for surveying reference.
"Planned unit development (PUD)" means an area of land improved as a residential development in which normal restrictions of lot sizes, setbacks, densities, land uses, and other criteria may be relaxed in return for development conformance to an approved plan for the total parcel. Approval may be given upon evidence of the provisions of open spaces, public facilities, access planning aesthetics, and other considerations deemed important by the local approving agency.
"Planning Commission" means the County Planning Commission.
"Plat" means a map and supporting materials of certain described land prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the County Clerk and Recorder.
"Preliminary plan" means the map or maps of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design.
"Resubdivision" means the changing of any existing lot or lots of any subdivision plat previously recorded with the County Clerk and Recorder.
"Roadway" means that portion of the street right-of-way designed for vehicular traffic.
"Sketch plan" means a map of a proposed subdivision, drawn and submitted in accordance with the requirements of adopted regulations, to evaluate feasibility and design characteristics at an early state in the planning.
"Street" means any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way for the movement of vehicular traffic which is an existing state, county or municipal roadway, or a street or way shown upon a plat, heretofore approved, pursuant to law or approved by official action and includes the land between street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the right-of-way. For the purpose of these regulations, streets shall be classified as defined and designated in the Pueblo County Roadway Functional Classification Plan.
"Street right-of-way" means that portion of land dedicated to public use for street and utility purposes.
"Subdivider" or developer" means any person, firm partnership, joint venture, association or corporation who shall participate as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a subdivision.
1. "Subdivision" or "subdivided land" means any parcel of land in the state which is to be used for condominiums, apartments, or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with the provisions of these regulations with substantially the same density, or which is divided into two or more parcels, separate interest, or interests in common, unless exempted under Section 16.04.040(2), (3), and (4). As used in this section, "interests" includes any and all interests in the surface of land but excludes any and all subsurface interests.
2. The terms "subdivision" and "subdivided land," as defined in Section 16.040.040(1) above, shall not apply to any division of land which creates parcels of land each of which comprises thirty-five (35) or more acres of land and none of which is intended for use by multiple owners.
3. Unless the method of disposition is adopted for the purpose of evading these regulations, the terms "subdivision" and "subdivided land," as defined in Section 16.04.040(1) above, shall not apply to any division of land:
a. Which creates parcels of land, such that the land area of each of the parcels, when divided by the number of interests in any such parcel, results in thirty-five (35) or more acres per interest;
b. Which is created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court in this state if the Board of County Commissioners of Pueblo County in which the property is situated is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion of these regulations prior to entry of the court order; and, if the Board does not file an appropriate pleading within twenty (20) days after receipt of such notice by the court, then such action may proceed before the court;
c. Which is created by a lien, mortgage, deed of trust, or any other security instrument;
d. Which is created by a security or unit of interest in any investment trust regulated under the laws of the state of Colorado or any other interest in an investment entity;
e. Which created cemetery lots;
f. Which creates an interest in oil, gas, minerals or water which is severed from the surface ownership of real property;
g. Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed for purposes of this subsection as only one interest;
h. Which is created by the combination of contiguous parcels of land into one larger parcel. If the resulting parcel is less than thirty-five (35) acres in land area, only one interest in the land shall be allowed. If the resulting parcel is greater than thirty-five (35) acres in land area, such land area, divided by the number of interests in the resulting parcel, must result in thirty-five (35) or more acres per interest. Easements and rights-of-way shall not be considered interests for purposes of this subsection;
i. Which is created by a contract concerning the sale of land which is contingent upon the purchaser’s obtaining approval to subdivide, pursuant to these regulations and any applicable county regulations, the land which he or she is to acquire pursuant to the contract;
j. Which creates a cluster development pursuant to Section 16.72.
k. Which is a single property containing single or separate structures that function as a single use on the property. The allowed use within the structure(s) may be rented or leased as individual units; however, no portion of the structure(s) may be sold, without compliance with applicable Subdivision Regulations. (Res. No. P&D 21-029, app. 5-13-2021)
4. The Board of County Commissioners may, pursuant to rules and regulations or resolution, exempt from this definition of the terms "subdivision" and "subdivided land" any division of land if the Board of County Commissioners determines that such division is not within the purposes of Part 1, Article 28 of Title 30, C.R.S. or these regulations. The Board, in making such determination, may impose conditions and/or requirements as it deems necessary to protect the public health, safety and welfare and to ensure consistency with this Subsection 4. Such requirements and/or conditions may include, but shall not be limited to:
a. A Subdivision Exemption Plat be prepared to the standards of a Land Survey Plat;
b. Title search not more than thirty (30) days old be submitted;
c. Public improvements and additional public right-of-way be provided as deemed necessary by the Board;
d. Applicable Impact Fees (e.g., fire protection, school site, park site) be paid;
e. Technical reports (e.g., drainage study) as deemed necessary by the Board be submitted;
f. The Subdivision Exemption Plat be recorded in the office of the Pueblo County Clerk and Recorder;
g. The County Treasurer’s certifications that all prior years' taxes have been paid shall be submitted a minimum of fifteen (15) days prior to consideration by the Board of County Commissioners (refer to Section 16.20.080);
h. Global Positioning System (refer to Chapter 16.68.010).
5. The term "subdivision" includes resubdivision, and where appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
"Subdivision improvements agreement" means one or more security arrangements which may be accepted by a county to secure the construction of such public improvements as are required by county subdivision regulations within the subdivision and shall include collateral, such as, but not limited to, performance or property bonds, private or public escrow agreements, loan commitments, assignments of receivables, liens on property, deposit of certified funds, or other similar surety agreements.