§ 3.8.3. Final subdivision plat review.

A.

Application Filing. Applications for a Final Plat shall be submitted to the Community Development Director. The Community Development Director shall review the application for completeness in accordance with § 3.1.5.

B.

Community Development Director/Staff Review and Decision. The Community Development Director and Staff shall review each Final Plat application in light of the Approval Criteria of § 3.8.3.C below and distribute the application to other reviewers in accordance with § 3.1.7. All construction plans for subdivision-related public improvements shall be referred to the City Engineer for review and approval. Based on the results of those reviews, the Community Development Director shall act to approve, approve with conditions, or deny the proposed Final Plat, based on the Approval Criteria of § 3.8.3.C. The Community Development Director shall make a final decision on the Final Plat application within forty-five (45) days of receipt of a Complete Application.

C.

Approval Criteria. The Community Development Director shall approve a Final Plat if it meets the following criteria:

1.

The Final Plat conforms with the approved Preliminary Plat (except as to variations the Community Development Director determines are insignificant) and incorporates all recommended changes, modifications, and conditions attached to approval of the Preliminary Plat.

2.

Plans and specifications for improvements connected with development of the subdivision comply with the subdivision development and design standards set forth in Article 7 of this Code, and any other relevant city, county, state, or federal regulations, except to the extent modifications, variances, or exceptions have been expressly allowed by the terms of the Preliminary Plat approval. All construction plans for improvements shall be approved by the City Engineer prior to the Community Development Director's action on the Final Plat.

3.

The Applicant has either installed all required improvements or has executed an agreement which adequately addresses the applicant's obligation to do so.

4.

The Applicant has paid or satisfied the following fees and charges, unless the Applicant has had other arrangements approved by the City Council:

a.

Land Dedication In-Lieu Fee;

b.

Park Development Fee;

c.

School Fees;

d.

Engineering Review Fee; and

e.

Any other fees or reimbursements due.

D.

Plat Note Concerning Multi-Family Development.

1.

Contents. At the specific written request of the Applicant, a Final Plat containing lots, blocks, or other land intended for the development of owner-occupied multi-family dwelling units or associated common areas, limited common elements, or improvements within a common interest community (the "Multi-Family Development Area") will include the following plat note, applicable to such Multi-Family Development Area and the improvements thereon:

THIS PLAT CONTAINS LOTS, BLOCKS, OR OTHER LAND INTENDED FOR THE DEVELOPMENT OF OWNER-OCCUPIED MULTI-FAMILY DWELLING UNITS OR ASSOCIATED COMMON AREAS, LIMITED COMMON ELEMENTS, OR IMPROVEMENTS (THE "MULTI-FAMILY DEVELOPMENT AREA"). TO THE EXTENT THAT THE FOLLOWING CLAIMS INVOLVE ANY MULTI-FAMILY DEVELOPMENT AREA (OR THE IMPROVEMENTS THEREON) WITHIN THE PROPERTY COVERED BY THIS PLAT, SUCH CLAIMS SHALL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW:

ANY AND ALL CLAIMS: (1) THAT, REGARDLESS OF THEORY OF LIABILITY, ALLEGE ONE OR MORE CONSTRUCTION DEFECTS; AND (2) THAT ARE BETWEEN ANY TWO OR MORE OF THE FOLLOWING PERSONS OR ENTITIES: (A) ANY OWNER OF ANY PORTION OF THE MULTI-FAMILY DEVELOPMENT AREA, (B) ANY COMMON INTEREST COMMUNITY ASSOCIATION CREATED WITH RESPECT TO THE MULTI-FAMILY DEVELOPMENT AREA, (C) THE SUBDIVIDER, DEVELOPER, CONTRACTOR, OR ANYONE CLAIMING UNDER OR THROUGH ANY SUCH PERSONS, (D) ANY PARTY THAT CONSTRUCTS OR DESIGNS ANY PORTION OF ANY RESIDENTIAL DWELLING UNITS UPON THE MULTI-FAMILY DEVELOPMENT AREA, AND (E) ANY CONSTRUCTION PROFESSIONAL AS DEFINED IN THE CONSTRUCTION DEFECT ACTION REFORM ACT, C.R.S. § 13-80-802.5, ET SEQ., AS AMENDED ("CDARA"); AND (3) THAT PERTAIN TO ANY OF (A) THE MULTI-FAMILY DEVELOPMENT AREA, (B) ANY DWELLING UNIT, COMMON AREA DEVELOPMENT STRUCTURE, LIMITED COMMON ELEMENTS, OR OTHER IMPROVEMENTS CONSTRUCTED ON THE MULTI-FAMILY DEVELOPMENT AREA, (C) THE COMMON INTEREST COMMUNITY TO BE CREATED FOR THE MULTI-FAMILY DEVELOPMENT AREA OR ANY PORTION THEREOF, OR (D) THE DECLARATION OR OTHER DOCUMENTS GOVERNING SUCH COMMUNITY. "CONSTRUCTION DEFECT" MEANS ANY INSTANCE IN WHICH A STRUCTURE OR PORTION THEREOF DOES NOT CONFORM IN ALL MATERIAL RESPECTS TO THE APPLICABLE SECTIONS OF THE CITY'S BUILDING CODES IN FORCE AT THE TIME OF CONSTRUCTION, OR DOES NOT CONFORM TO THE MANUFACTURER'S SPECIFICATIONS IN FORCE AT THE TIME OF CONSTRUCTION, IF THOSE SPECIFICATIONS ARE STRICTER THAN THE APPLICABLE PROVISIONS OF THE CITY'S BUILDING CODES.

THE FOREGOING SHALL NOT PRECLUDE ANY OF THE PERSONS OR ENTITIES DESCRIBED ABOVE FROM ENDEAVORING TO RESOLVE ANY SUCH CLAIM(S) THROUGH EITHER NEGOTIATION OR MEDIATION BEFORE SUBMITTING SUCH CLAIM(S) TO BINDING ARBITRATION. ADDITIONALLY, THE MULTI-FAMILY DEVELOPMENT AREA MAY ALSO BE SUBJECT TO A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THAT MAY IMPLEMENT AND EXPAND UPON THE REQUIREMENTS OF THIS PLAT NOTE.

FOR PURPOSES OF THIS PLAT NOTE, BINDING ARBITRATION SHALL MEAN SUBMISSION OF ANY CLAIM DESCRIBED ABOVE TO THE ARBITRATION SERVICE PROVIDER SPECIFIED IN THE DECLARATION OR OTHER GOVERNING DOCUMENTS OF THE COMMON INTEREST COMMUNITY, IF QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13, C.R.S. AND, IF NOT, AN ARBITRATION SERVICE PROVIDER SO QUALIFIED. IN SUCH ARBITRATION, THE COSTS AND EXPENSES OF ARBITRATION SHALL BE BORNE EQUALLY BY THE PARTIES.

ALL FUTURE PURCHASERS OF ANY INTEREST IN THE MULTI-FAMILY DEVELOPMENT AREA ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF THIS PLAT NOTE AND SHALL BE BOUND BY THIS PLAT NOTE, WHICH IS RECORDED IN THE COUNTY CLERK AND RECORDER'S OFFICE, DEEMED TO BE A COVENANT RUNNING WITH THE MULTI-FAMILY DEVELOPMENT AREA, AND BINDING UPON ALL SUCCESSORS IN INTEREST, GRANTEES, OWNERS, HEIRS, ASSIGNS, AND ALL OTHERS WHO ACQUIRE AN INTEREST IN OR TO THE MULTI-FAMILY DEVELOPMENT AREA, TOGETHER WITH ANY COMMON INTEREST COMMUNITY ASSOCIATION ASSOCIATED THEREWITH.

2.

Disclosure. If a plat, pursuant subparagraph D.1 above, contains the plat note described therein, then the developer, builder, or other person or entity engaged in the initial sale of a lot or dwelling unit within the Multi-Family Development Area of such plat to the intended resident or end user shall be required to include in such contract for purchase and sale a disclosure statement in bold-faced type that is clearly legible and in substantially the following form:

THE RECORDED PLAT OF THE PROPERTY WITHIN WHICH THIS LOT OR UNIT IS SITUATED CONTAINS A RESTRICTION REQUIRING MANDATORY, BINDING ARBITRATION FOR CERTAIN TYPES OF CLAIMS, IN LIEU OF SEEKING REDRESS IN A COURT OF LAW. PURCHASERS SHOULD CAREFULLY READ THE PLAT AND NOTE CONCERNING ARBITRATION, AS THEY ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE TERMS AND CONDITIONS OF SUCH PLAT NOTE.

3.

Applicability. A request for plat note, as provided for in subparagraph D.1 above, shall be permitted:

a.

Only as to a final plat concerning land for which an application is filed after the effective date of the ordinance adopting this provision. "Application," as used in this subparagraph D.3, shall mean an application specifically connected to, and submitted to the City as part of, an identified development project and which constitutes the application for the first City approval necessary to such project, excluding annexation and rezoning; and

b.

Only if such request is accompanied by a certification, in form approved by the City, that any Declaration of Covenants, Conditions, and Restrictions applicable to the Multi-Family Development Area contains or shall contain a provision or provisions requiring binding arbitration for construction defects claims and prohibiting the amendment or deletion of such provision(s) without the consent of the Applicant.

E.

Recordation; Effect of Approval.

1.

Recordation. Following the approval of a Final Plat, or conditional approval of a Final Plat with all conditions being met, the Final Plat, which shall have all permitted exceptions, waivers, or variances expressly noted thereon, shall be signed by the Community Development Director, the City Engineer, and the City Attorney. The City shall record the Final Plat and any signed Public Improvements or Development Agreement in the office of the County Clerk and Recorder. The applicant shall pay all required recording fees, and it shall be the applicant's responsibility to ensure that such recording was successfully completed.

2.

Acceptance of Dedications. Execution of the approved Final Plat in accordance with subsection D.1 above shall constitute the City's acceptance of any fee simple dedication or grant of easement to the City as is referenced on the Final Plat.

( Ord. No. 4518, §§ 1, 2, 10-5-2015 )