Colorado § 31-23-214 - Subdivision regulations.

§ 31-23-214. Subdivision regulations.

(1) Before any commission exercises the powers set forth in section 31-23-213, it shall adopt regulations governing the subdivision of land within its jurisdiction and shall publish the same in pamphlet form, which shall be available for public distribution, or, at the election of the commission, the regulations may be published once each week for three consecutive weeks in the official paper of the municipality or county in which such subdivisions, or any part thereof, are located. Such regulations may provide for the proper arrangement of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light, and air, and for the avoidance of congestion of population, including minimum area and width of lots. The regulations may also provide for waivers from subdivision requirements and may establish different requirements applicable to subdivisions of different sizes, densities, or types of dwelling units. In the territory subject to subdivision jurisdiction beyond the municipal limits, the regulations shall provide only for conformance with the major street plan.

(1.5) Subdivision regulations adopted under provisions of this section may protect and assure access to sunlight for solar energy devices by considering in subdivision development plans the use of restrictive covenants or solar easements, height restrictions, side yard and setback requirements, street orientation and width requirements, or other permissible forms of land use controls.

(2) Before the adoption of the regulations referred to in this section, a public hearing shall be held thereon in the municipality. A copy of such regulations shall be certified by the commission to the county clerk and recorders of the counties in which the municipality and territory are located.

(3) Subdivision regulations adopted under provisions of this section shall require that a subdivider, as defined in section 30-28-101 (9), C.R.S., submit to the commission evidence that provision has been made for facility sites, easements, and rights of access for electrical and natural gas utility service sufficient to ensure reliable and adequate electric or, if applicable, natural gas service for any proposed subdivision. Submission of a letter of agreement between the subdivider and utility serving the site shall be deemed sufficient to establish that adequate provision for electric or, if applicable, natural gas service to a proposed subdivision has been made.

Source: L. 75: Entire title R&RE, p. 1150, § 1, effective July 1. L. 79: (1.5) added, p. 1163, § 12, effective January 1, 1980. L. 81: (1) amended, p. 1512, § 2, effective June 4. L. 83: (2) amended, p. 1262, § 1, effective March 15. L. 2000: (3) added, p. 1618, § 2, effective July 1.

Editor's note: This section is similar to former § 31-23-114 as it existed prior to 1975.

Cross references: For registration of subdivision developers, see part 5 of article 10 of title 12.

ANNOTATION

Law reviews. For article, "Subdivision Regulations and Compulsory Dedications", see 39 Dicta 299 (1962). For article, "Subdivision Improvement Requirements and Guarantees in Colorado", see 14 Colo. Law. 554 (1985).