17.45.010 Purpose and scope.
This chapter is enacted pursuant to Section 31-23-214, C.R.S., and is intended to provide an efficient process to correct clerical and other nonmaterial errors in approved plats and to approve minor lot line adjustments, in cases meeting the requirements of this chapter. Where applicable, the provisions of this chapter supersede conflicting or inconsistent provisions of other sections of this title. [Ord. 719 § 2, 2008. Code 1999 § 17-2-11(A)].
17.45.020 Definitions.
For the purposes of this chapter, “administrative plat amendment” means a minor change in a previously approved plat that meets one or more of the following criteria:
(a) The amendment involves lot line adjustments, including the consolidation of contiguous lots under common ownership, which do not increase the number of lots previously included within the area involved in the amendment.
(b) The amendment effects minor adjustments in the boundaries of streets or utility easements.
(c) The amendment changes the names of streets or the name of the existing plat.
(d) The amendment corrects minor errors on a plat including, but not limited to:
(1) Typographical and spelling errors or transpositions;
(2) Incorrect seal;
(3) Incorrect dates;
(4) Monumentation incorrectly noted or drawn;
(5) Incorrect or missing interior dimensions on the drawing;
(6) Missing or incorrectly displayed arrows, graphic scales or symbols.
(e) The amendment addresses issues that, in the judgment of the town manager, are similar in nature to those specified above and which do not result in additional dwelling units or an increased density on the property than were created by the plat that the applicant desires to amend. [Ord. 719 § 2, 2008. Code 1999 § 17-2-11(B)].
17.45.030 Procedure.
A person who desires to utilize the provisions of this section shall file the submittals described in GMC 17.45.040 with the town clerk. Within 10 days of the submission of an application the town manager shall determine whether the application is complete and shall provide written notice to the applicant if the town manager determines the application is incomplete. The town clerk shall give notice of the application by regular mail, postage prepaid, to the record owners of those properties located immediately adjacent to the property that is the subject of the application and the owners of any interest over or across the property that is the subject of the application, as shown on a list of adjacent property owners and owners of easements over or across the property, which list shall be supplied by the applicant. Such notice shall indicate that comments must be received by the town clerk within 10 days of the date of such mailing. Notice of the filing of the application shall likewise be posted by the town clerk in a conspicuous place on the property that is the subject of the application. The required notices shall be mailed and the premises posted not less than 10 days prior to the date any decision on the application is made by the town manager. The town manager shall promptly refer all completed applications, except those noted in GMC 17.45.020(d), to the town planner, town engineer and the town attorney, who shall provide their written comments, if any, to the town clerk within 10 days of their receipt of the referral. The town manager may, but shall not be required to, refer the application to the planning commission for comment. In the event of such referral, the planning commission shall review and comment at its next meeting and provide those comments in written form to the town manager. If the town manager finds that the submittal meets the requirements set forth in GMC 17.45.040 that the lots resulting from the plat amendment conform to all applicable requirements for the zone district(s) in which the property is located, that granting the application is consistent with the Granby master plan, that, in the opinion of the town manager, the amended plat would not create illogical or substantially unusable lot areas, and that, in the opinion of the town manager, the plat amendment will not adversely affect adjacent properties, then the town manager shall approve the amended plat. Upon approval of the amended plat by the town manager, the chair of the planning commission and the mayor shall execute the town certificate of approval on the plat or accept the affidavit of correction made pursuant to GMC 17.45.050. Approved plats shall be recorded and otherwise processed as provided in this title. The applicant or the owner of adjacent property or the owner of an easement over or across the property may appeal the town manager’s decision to the board of trustees, by filing a written notice of appeal with the town clerk within 10 days of the town manager’s decision. Such appeal shall set forth with specificity the basis for the appeal and shall be heard by the board of trustees within 30 days of the date the appeal is filed. On appeal, the board of trustees may uphold or reverse the town manager’s decision. [Amended during 2011 recodification; Ord. 719 § 2, 2008. Code 1999 § 17-2-11(C)].
17.45.040 Submittal requirements.
(a) The applicant shall provide an existing conditions map showing the following information, if applicable:
(1) All existing structures, including surface and subsurface facilities.
(2) All existing uses on the site.
(3) Existing zoning districts, taxing districts or any other special districts.
(4) Perimeter outline of the project and abutting property lines.
(5) The approved survey plat description of the perimeter of the proposed subdivision, including ties to existing section monuments or records and a description of monuments. (The survey plat shall have an error not greater than one part in 10,000, and monuments shall conform to the requirements of Section 38-51-101, C.R.S.)
(6) The location and identification of all existing public and private easements, rights-of-way, roads, streets, alleys, bicycle paths, railroads, section lines within the approved subdivision and the names of existing streets.
(b) A written application signed by the record owner of the property involved on a form provided by the town.
(c) A mylar and copies of the proposed plat meeting the requirements for a final plat as provided in GMC 17.20.040(e), (f)(1) through (17), (19) and (20), except that the approval certificate for the town shall be prepared for the signature of the planning commission chair and the mayor, and shall reflect that such signatures are being affixed to the amended plat based on the approval by the town manager, for whom a signature space shall also be provided. If the amendment will alter the street addresses, then the mylar should also comply with GMC 17.20.040(f)(21). The number of copies shall be as determined from time to time by the town clerk and set forth in the development review guide of the town.
(d) Evidence of fee ownership of each parcel of land included within the proposed plat amendment. Such evidence shall consist of a title commitment or a title insurance policy, a written attorney title, a subdivision certificate or a written ownership and encumbrance report, all dated within 30 days before the date of submission to the town. Copies of deeds and tax notices are not sufficient. If a legal entity owns the property, the applicant shall furnish such additional information (i.e., partnership agreement, joint venture affidavit as provided by Section 38-30-166, C.R.S., etc.) as may be requested by the town in order to determine that the signatories have been authorized by that entity to execute such documents.
(e) An affidavit indicating that the applicant has provided notice to all telecommunications, gas and electric utilities serving the property, and any and all cable television operators franchised to do business in the town, and they have indicated their approval or have not responded within 10 days of such notice.
(f) A list of all owners of adjacent property and all owners of easements over, through, or across the property.
(g) A costs deposit in an amount to be determined from time to time by resolution of the board of trustees and set forth in Chapter 3.30 GMC. [Amended during 2011 recodification; Ord. 719 § 2, 2008. Code 1999 § 17-2-11(D)].
17.45.050 Affidavit of correction.
If the purpose of the administrative plat amendment is to correct one or more minor errors or omissions in an approved plat, e.g., a name, incorrect seal, monumentation incorrectly noted, or an internal dimension, and such correction can be accomplished by a narrative statement, in lieu of submitting a plat as required by GMC 17.45.040(c), the applicant may submit an affidavit of correction prepared, signed and stamped by a professional land surveyor and signed by the owner which fully and adequately describes each error and each correction to be made, by specific reference to the approved plat. Upon approval of the administrative plat amendment, the affidavit of correction shall be recorded in lieu of a plat, along with appropriate evidence of approval thereof by the town. [Ord. 719 § 2, 2008. Code 1999 § 17‑2‑11(E)].