§ 16.04.080. Definitions.

For the purpose of this title, the definitions set out in this section shall apply.

"Adjacent" means separated from the lot or parcel by one of the following: lot line, street, alley, or easement.

"Applicant" means the landowner or authorized representative who formally requests action on a land use proposal submitted in accordance with this title.

"Alley" means a strip of land dedicated to public use, located at the side or rear of lots and providing a secondary means of vehicular access to the property.

"Block" means a parcel of land, intended to be used for urban purposes, which is entirely surrounded by public streets, highways, public walks, parks or green strips, rural or vacant land or drainage channels or a combination thereof.

"Board" means the board of trustees of the Town.

"Commission" means the planning commission of the Town.

"Comprehensive plan" means the comprehensive plan and amendments thereto for the Town which has been officially adopted to provide development policies for current and long-range development within the Town.

"Cul-de-sac" means a street having only one end open to traffic and being terminated at the other end by a vehicular turnaround.

"Dedicated land" means land transferred to the Town by platting, title, deed or other legal method approved by the Town attorney. This land shall be used for public purposes, such as school sites, fire stations, parks, open space, or other such uses or facilities as approved by the board of trustees or indicated within approved development plans or plats.

"Department" means the Department of Development Services for the Town of Monument.

"Development" means the construction of improvements for residential, institutional, commercial, industrial, transportation, public flood control, recreational and similar uses, in contrast to use of the land for growing crops, grazing of farm animals and other agricultural pursuits. The term also applies to vacant land which has been or is being prepared for development by such steps as installation of water and sewer lines, grading, landscaping, and/or construction of access to the property.

"Director" means the Director of Development Services for the Town.

"Easement" is a right to use the land of another for a specific purpose.

"Engineer" means a professional engineer, currently registered by the state of Colorado.

"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. "Final Town approval" means satisfaction of all conditions required by the approving body in accordance with this title as determined by the Director.

"Floodplain" means that ground covered by water in the case of the flood of one hundred (100) year frequency as delineated by HUD flood insurance maps and the floodplain ordinance of the Town, Chapter 15.16 Flood Protection Regulations.

"Improvements" means lot grading, street grading, paving and curbing, fire hydrants, water mains and appurtenances, sanitary sewers and appurtenances, storm sewers and appurtenances, and drains, pedestrian ways, crosswalks and such other construction as may be designated by the commission or board.

"Landowner" means all persons having legal title to or sufficient proprietary interest in the land sought to be subdivided."

"Legal description" means a written metes and bounds description of the boundary of a parcel of real property by a professional land surveyor for the purpose of perpetuating location and title. The description must recite all ties and monuments, recorded or physical, which will determine the correct position of the boundary, all references to adjoining lands by name and record, and a full dimensional recital of the boundary courses in succession which shall be mathematically correct. The description must be accompanied by an exhibit or map showing all pertinent information as described in the narrative.

"Lot" means the unit into which land is divided on a final subdivision plat or deed with the intention of separate ownership or use. Lot shall include parcel, plot, site or any similar term but shall exclude cemetery plot.

Lot, Double frontage. "Double frontage lot" means a lot which runs through a block from street to street and which abuts two or more streets.

Lot, Reverse corner. "Reverse corner lot" means a corner lot the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.

"Lot line adjustment" means a minor plat amendment involving only two lots with minor lot line changes without any changes in street alignment, infrastructure, or reduction of open space areas.

"Minor subdivision" means any subdivision of land which contains four or fewer lots and which lots all abut a dedicated street.

"Minor resubdivision" means any resubdivision of land which contains four or fewer lots and which lots all abut a dedicated street. A minor resubdivision cannot increase the density of the land being replatted, or decrease lot sizes below minimums, change street alignment(s) or reduce the acreage of open space dedications.

"National Cooperative Soil Survey (NCSS)" is a nationwide partnership of federal, regional, state, and local agencies and institutions. This partnership works together to cooperatively investigate, inventory, document, classify, and interpret soils and to disseminate, publish, and promote the use of information about the soils of the United States and its trust territories.

"Open space" means an unoccupied, unobstructed area of land retained open to the sky except for trees, shrubbery, vegetation, streams, lakes or ponds. Open space land is generally free of improvements such as parking lots, streets, or structures other than those supporting the recreational or natural use of the property. Detention facilities do not qualify as open space unless they are specifically designed to provide passive recreation features or wildlife habitat. Only the area that can be used for these purposes can be counted as open space.

"Park" means an area set aside and developed for use as an active or passive recreational activities including open areas, play fields, trails, picnic areas, play structures, ball fields and other similar improvements or uses.

"Planner" means a professional staff planner employed by the Town.

Plat, Final. "Final plat" means a map and supporting materials of certain described land prepared in accordance with this title as an instrument for recording of real estate interests with the County Clerk and Recorder. When approved, the final plat will be recorded with the El Paso County Clerk and Recorder.

Plat, Preliminary. "Preliminary plat" means a map or maps of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of these regulations.

Plat, Preliminary/Final. "Preliminary/Final plat" means a map or maps of a proposed subdivision and specified supporting materials drawn and submitted in accordance with the preliminary and final plat requirements of these regulations, where the preliminary and final plat are processed concurrently as one application. When approved, the preliminary final plat shall be titled "Final Plat" and shall be recorded with the El Paso County Clerk.

"Public hearing" means a noticed meeting of the commission or board for the purpose of hearing comments, testimony, recommendations, and other responses from the Town staff, the applicant, interested parties, and the general public regarding the applicant's proposal or appeal and taking action on the proposal or appeal. Notice of the date, time, place and purpose of the public hearing shall be given to the owners of all property (exclusive of streets, alleys, and easements) adjacent to any portion of the proposed subdivision by the subdivider at least fifteen (15) days in advance of the scheduled commission or board hearing, using certified mail. A certificate of mailing, along with an affidavit certifying that all property owners within the affected area were notified, shall be filed with the department prior to the public hearing. The written notice shall specify that the plat may be inspected at the Town offices during normal working hours.

"Public improvements" means any improvements to the land to prepare it for residential or commercial development for which construction plans are required by the Town, and includes grading, utilities, streets, sidewalks, bike lanes, trails, access drives and landscaping, curb and gutter, irrigation, and lighting.

"Regulations" means the subdivision regulations of the Town as adopted by ordinance.

"Resubdivision" means the changing of any existing lot or lots within any subdivision plat previously recorded with the County Clerk and Recorder in conformance with this title.

"Right-of-way" means all streets, roadways, sidewalks, alleys and all other areas reserved for present or future use by the public as a matter of right, for the purpose of vehicular or pedestrian travel.

"Sketch plat" means a map of a proposed subdivision, drawn and submitted in accordance with the requirements of these regulations to evaluate feasibility and design characteristics at an early stage in the planning.

"Street" means a dedicated public right-of-way which provides vehicular and pedestrian access to adjacent properties. This definition includes the terms road, lane, boulevard, place, avenue, drive and other similar designations.

Street, Arterial. "Arterial street" is a street as defined in the Town's adopted Roadway Standards.

Street, Collector. "Collector street" is a street as defined in the Town's adopted Roadway Standards.

Street, Local. "Local street" is a street as defined in the Town's adopted Roadway Standards.

"Subdivider" means any person, firm, partnership, joint venture, association or corporation who participates as owner, promoter, developer or sales agent in the planning, platting, development, promotion, sale or lease of a subdivision, and who either owned the land or has written authorization from the owner of the land to proceed with the subdividing.

"Subdivision" means the division of a lot, tract or parcel of land into two or more lots, tracts, parcels, or other divisions of land. The following should not be considered subdivisions within the meaning of the ordinance as codified in this chapter:

1.

Divisions which create parcels of land, such that the land area of each of the parcels, when divided by the number of interests in such parcel, results in thirty-five (35) or more acres per interest;

2.

Divisions which could be 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 the 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 this provision 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;

3.

Which is created by a lien, mortgage, deed of trust, or any other security instrument;

4.

Which is created by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;

5.

Which creates cemetery lots;

6.

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;

7.

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 said 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;

8.

Which is created by a contract concerning the sale of land which is contingent upon the purchaser's obtaining approval to subdivide, pursuant to this article and any applicable county regulations, the land which the purchaser is to acquire pursuant to the contract;

The board of trustees may exempt from the definition of the term "subdivision" a division of land if the board of trustees determines that such division is not within the purposes of this provision.

"Subdivision improvements agreement" or "agreement" or "development agreement" means one or more security arrangements which may be accepted by the Town to secure the construction of such public improvements as are required by the board of trustees and includes collateral, such as, but not limited to, performance or property bonds, letters of credit, private or public escrow agreements, loan commitments, assignments of receivables, liens on property, deposit of certified funds, or other similar surety agreements.

"Super block" means the subdivision of land into large blocks that are to be replatted at a later date into individual lots for development.

"Surveyor" means a professional land surveyor currently registered or licensed by the State of Colorado.

"Town" means the incorporated Town of Monument.

"Tract" means an area of land designated as such on a subdivision plat, e.g., Tract A. A tract shall be used exclusively to identify areas to be dedicated for parks, schools, open space, utilities, or landscaping and not for residential or nonresidential buildings other than park facilities, schools, or buildings housing utilities.

"Vacation plat" means a map or maps of an existing subdivision where vacations of existing street rights-of-way, easements, or lot lines are proposed with specific supporting material drawn and submitted in accordance with the vacation plat requirements of this title. The vacation plat may also be part of a resubdivision to revise lot lines within an existing subdivision.

(Ord. 29-2007 (part): Ord. 9-99 (part); Ord. 12-97 (part): prior code §§ 12.03.010—12.03.330)