Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.010 Declaration of purpose.
17.05.020 Construction of this title.
17.05.010 Declaration of purpose.
The regulations contained in this title are minimum requirements enacted to promote the health, safety and general welfare of the town of Granby. To these ends, such regulations are intended to assure efficient circulation, adequate improvements, sufficient open space, and basic order in subdivision design by providing for the proper arrangement of streets in relation to other existing or planned streets pursuant to the master plan; for adequate and convenient open space, traffic circulation, utilities, emergency access, recreation and light and air; the avoidance of population congestion; and for the establishment of standards for the design and construction of improvements herein required. It is also the purpose of this title to facilitate good planning by encouraging the most effective utilization of land within the town; to inform each applicant requesting subdivision of the standards and criteria by which development proposals will be evaluated and to provide information as to the type of improvements, and to assure taxpayers that public costs of new development will be minimized through logical, coordinated extension of municipal utilities and street; by the installation of durable improvements requiring minimum maintenance; and by securing necessary land for public purposes in advance of rising land values. [Ord. 719 § 2, 2008. Code 1999 § 17-2-1].
17.05.020 Construction of this title.
(a) Rules of Language Construction. For the purpose of this title and when not inconsistent with the context, words used in the present tense include the future, words used in the singular include the plural, words in the plural include the singular, the masculine includes the feminine, the word “shall” is mandatory, the word “may” is permissive, the particular controls the general; and in case of any difference of meaning or implication between the text of these regulations and the captions of each section, the text shall control. All words unless specifically defined herein shall have their common or ordinary meaning.
(b) Severability. It is hereby declared to be the legislative intent that these regulations shall be severable in accordance with the provisions set forth below:
(1) If any provision of these regulations is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that:
(i) The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and
(ii) Such decision shall not affect, impair or nullify these regulations as a whole or the application thereof, but the rest of these regulations shall continue in full force and effect.
(2) If the application of any provision of these regulations to a tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that:
(i) The effect of such decision shall be limited to that tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered; and
(ii) Such decision shall not affect, impair or nullify these regulations as a whole or the application of any provision thereof, to any other tract of land. [Ord. 719 § 2, 2008. Code 1999 § 17-2-2].
17.05.030 Applicability of regulations.
(a) Jurisdiction. These regulations are applicable and shall include the subdivision of all land located within the legal boundaries of the town and limited only to control with reference to a major street plan and not otherwise.
(b) Specific Exemptions from These Regulations. Due to the nominal impact upon the residents of the town, the following divisions of property, even though included within the definition of subdivision, are hereby determined by the commission and board not to be within the purpose of this title and are hereby exempted from compliance with this title:
(1) A plat which does not in fact create any new parcel or tract of land, but is a survey of metes and bounds parcels and tracts which were in existence at the time of the original adoption of this title shall be exempted from these regulations; provided, however, that said tracts and parcels must be under separate ownership at the time of the original passage of this title. Said plat shall be approved by the board and certified by a registered land surveyor; and upon the filing of said plat with the clerk and recorder of Grand County, those tracts and parcels may be freely conveyed by their lot designation on said plat.
(2) The board may exempt from the applicability of these regulations any tract being annexed to the town by resolution after the adoption of these regulations; provided, that said resolution describes with particularity that division of property exempted from these regulations, and said resolution states that all other subdivisions of that property shall be subject to these regulations. Said resolution shall be recorded with the clerk and recorder of Grand County.
(3) Any division of property shall be exempted from the terms of these regulations which is necessitated by the existence of a prescriptive easement or encroachment of a building or fence in existence at the time of the original adoption of these regulations, and which does not create a new building site, or the division of any lot, parcel or tract of land in such a way that the remaining parcel shall not have less square footage than that required in the particular zone as determined by the Granby zoning ordinance; and the parcel being conveyed shall be attached to an adjoining parcel; and such instrument of conveyance shall contain the following language:
This conveyance is made pursuant to an exemption granted by the Granby Subdivision Regulations, and said exemption provides, among other things, that when property is conveyed to an adjoining property owner, the tract conveyed shall always be conveyed with the present tract owned by the Grantee. Any other division or transfer shall only be upon compliance with the Town of Granby Subdivision Regulations.
(c) The board may, pursuant to rules and regulations or resolution, provided that the matter is presented to the commission first, exempt from the definition of the terms “subdivision” and “subdivided land” any division of land if the board determines that such division is not within the purpose of this title or that such division will have a minimum impact upon the residents of the town.
(d) Where the owner of property within a subdivision desires to amend one or more plat notes without altering any of the graphics shown on the plat, the party may do so through the following process:
(1) Submit an application to the town clerk setting forth the proposed plat note amendments.
(2) The planning commission will then review the application and make a recommendation to the board of trustees.
(3) The board of trustees shall then adopt a resolution approving, denying, or approving with conditions the proposed plat note amendments.
(4) The town clerk shall record the resolution with the Grand County clerk and recorder. [Ord. 845 § 1, 2015; Ord. 719 § 2, 2008. Code 1999 § 17-2-3].
17.05.040 Violations, penalties, and enforcement.
(a) Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of or by use of a plat of a subdivision before such plat has been approved by the commission and recorded or filed in the office of the Grand County clerk and recorder shall pay a penalty of $100.00 to the town for each lot or parcel so transferred 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 town may enjoin such transfer or sale or agreement by action for injunction brought in any court of competent jurisdiction and may recover the penalty by civil action in any court of competent jurisdiction.
(b) No permits, building or other, shall be issued by the town for the construction of any building, or other improvements requiring a permit, upon any land for which a plat is required by this title, unless and until the requirements hereof have been complied with. No building permit, except for public improvements, shall be issued prior to preliminary acceptance of all public improvements, except street paving, required pursuant to this title, unless waived by resolution of the board. No person shall have the right to rely upon the fact that a permit was issued upon the mistaken belief that this title had been complied with. The owner or agent of the owner is charged with the duty of determining whether there has been compliance with this title.
(c) The town shall not accept, lay out, open, improve, grade, pave, curb, or light any street or lay or authorize water mains or sewers or connections to be laid in any street within any portion of a territory for which the commission has adopted a major street plan unless such street:
(1) Has been accepted or opened as or otherwise has received the legal status of a public street prior to the adoption of such plan; or
(2) Corresponds with a street shown on the official master plan or with a street on a subdivision plat approved by the board of trustees or with a street on a street plat made by and adopted by the commission. However, the governing body may accept any street not shown on or not corresponding with a street on the official master plan or on any approved subdivision plat or an approved street plat if the ordinance or other measure accepting such street is first submitted to the commission for its approval, and if approved by the commission, is enacted or passed by not less than a majority of the entire membership of the board.
(d) A street approved by the commission upon submission by the board or a street accepted by two-thirds vote after disapproval by the commission shall have the status of an approved street as though it has been originally shown on the official master plan or on a subdivision plat approved by the commission or had been originally platted by the commission.
(e) Erection of Buildings. After the time when the commission has adopted a major street plan for the territory within the municipal limits of the town, no building shall be erected on any lot within such territory or part nor shall a building permit be issued therefor unless the street giving access to the lot upon which such building is proposed to be placed:
(1) Has been accepted or opened as or otherwise has received the legal status of a public street prior to that time; or
(2) Corresponds with a street shown on the official plan, with a street or subdivision plat approved by the commission, with a street on an address plat made by and adopted by the commission, or with a street accepted by the governing body in accordance with the provisions of subsection (c) of this section. Any building erected in violation of this section is an unlawful structure, and the building inspector or other appropriate official may cause it to be vacated or have it removed. [Amended during 2011 recodification; Ord. 719 § 2, 2008. Code 1999 § 17-2-4].