C.R.S. Section 30-28-137
Guarantee of public improvements


(1)

No final plat shall be recorded until the subdivider has submitted and the board of county commissioners has approved one or a combination of the following:

(a)

A subdivision improvements agreement agreeing to construct any required public improvements shown in the final plat documents, together with collateral which is sufficient, in the judgment of said board, to make reasonable provision for the completion of said improvements in accordance with design and time specifications; or

(b)

Other agreements or contracts setting forth the plan, method, and parties responsible for the construction of any required public improvements shown in the final plat documents which, in the judgment of said board, will make reasonable provision for completion of said improvements in accordance with design and time specifications.

(2)

As improvements are completed, the subdivider may apply to the board of county commissioners for a release of part or all of the collateral deposited with said board. Upon inspection and approval, the board shall release said collateral. If the board determines that any of such improvements are not constructed in substantial compliance with specifications, it shall furnish the subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure such substantial compliance. If the board of county commissioners determines that the subdivider will not construct any or all of the improvements in accordance with all of the specifications, the board of county commissioners may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvement in accordance with the specifications.

(3)

The board of county commissioners or any purchaser of any lot, lots, tract, or tracts of land subject to a plat restriction which is the security portion of a subdivision improvements agreement shall have the authority to bring an action in any district court to compel the enforcement of any subdivision improvements agreement on the sale, conveyance, or transfer of any such lot, lots, tract, or tracts of land or of any other provision of this part 1. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of title of any lot, lots, tract, or tracts of land contrary to the provisions of any such restriction set forth on the plat or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of a building permit by any county where so required or otherwise prior to commencement of construction on any such lot, lots, tract, or tracts of land.

(4)

In addition to any other remedy set forth in this part 1, the board of county commissioners, or any purchaser of any lot, lots, tract, or tracts of land in a recorded plat, shall have the authority to bring an action for injunctive relief to enforce any plat restriction, plat note, plat map, or provision of a subdivision improvements agreement and for damages arising out of failure to adhere to any such plat restriction, plat note, plat map, or provision of a subdivision improvements agreement. Nothing in this part 1 shall require the board of county commissioners to bring any action referred to in this subsection (4).

Source: Section 30-28-137 — Guarantee of public improvements, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-30.­pdf (accessed Oct. 20, 2023).

30‑28‑101
Definitions
30‑28‑102
Unincorporated territory
30‑28‑103
County planning commission
30‑28‑104
Chairman - rules - staff - information - grants and gifts
30‑28‑105
Regional planning commission
30‑28‑106
Adoption of master plan - contents
30‑28‑107
Surveys and studies
30‑28‑108
Adoption of plan by resolution
30‑28‑109
Certification of plan
30‑28‑110
Regional planning commission approval - required when - recording
30‑28‑111
Zoning plan
30‑28‑112
Certification of plan - hearings
30‑28‑113
Regulation of size and use - districts - definitions - repeal
30‑28‑114
Enforcement - inspector - permits
30‑28‑115
Public welfare to be promoted - legislative declaration - construction
30‑28‑116
Regulations may be amended
30‑28‑117
Board of adjustment
30‑28‑118
Appeals to board of adjustment
30‑28‑119
District planning commissions
30‑28‑120
Existing structures - county property
30‑28‑121
Temporary regulations
30‑28‑122
Submission to division of planning
30‑28‑123
Higher standards govern
30‑28‑124
Penalties
30‑28‑124.5
County court actions for civil penalties for zoning violations
30‑28‑125
Filing with county clerk and recorder
30‑28‑126
Appropriation authorized
30‑28‑127
Public utilities exceptions
30‑28‑128
Term of membership
30‑28‑129
Inclusion of land in regional planning commission
30‑28‑130
Notice of intent to withdraw
30‑28‑131
Planning commission responsibilities in a common geographic area
30‑28‑132
Concurrent planning jurisdiction - authorized agreements and contracts
30‑28‑133
Subdivision regulations
30‑28‑133.1
Subdivision plan or plat - access to public highways
30‑28‑133.5
Review of plats and other plans
30‑28‑134
Telecommunications research facilities of the United States - inclusions in planning and zoning
30‑28‑135
Safety glazing materials
30‑28‑136
Referral and review requirements
30‑28‑137
Guarantee of public improvements
30‑28‑138
Referral to municipality
30‑28‑139
Merger of lots - notice - hearing - assessment of merged parcels
30‑28‑140
Parking and electric vehicle charging stations - legislative declaration
30‑28‑201
Commissioners may adopt - emission performance standards required - reporting
30‑28‑202
Designation of zoned area - hearing
30‑28‑203
Purpose of codes
30‑28‑204
Amendment of building code
30‑28‑205
County building inspector - permit required - appeal
30‑28‑206
Board of review - qualifications - powers
30‑28‑207
Board of review - meetings - appeals
30‑28‑208
Copies of code available - evidence
30‑28‑209
Violation - injunction and other remedies
30‑28‑210
County court actions for civil penalties for building violations
30‑28‑211
Energy efficient building codes - legislative declaration - definitions
30‑28‑212
Charging station rules prohibited
30‑28‑301
Legislative declaration
30‑28‑302
Definitions
30‑28‑303
Creation of land division study area
30‑28‑304
Preparation and adoption of plan for platting notice - withdraw from plan - requirements for adoption
30‑28‑305
Preparation of subdivision exemption plat
30‑28‑306
Preparation of deeds
30‑28‑307
Conveyance of title to district court
30‑28‑308
Recordation of subdivision exemption plat
30‑28‑309
Reconveyance of title to property owners
30‑28‑310
Assessment of costs
30‑28‑311
Cancellation of process
30‑28‑312
Limitation on liability
30‑28‑313
Severability
30‑28‑401
Legislative declaration
30‑28‑402
Definitions
30‑28‑403
Cluster development
30‑28‑404
Water - sewage - roadways - notification to state engineer
Green check means up to date. Up to date

Current through Fall 2024

§ 30-28-137’s source at colorado​.gov