§ 30-28-137 — Guarantee of public improvements

Colorado § 30-28-137

• Jurisdiction: Colorado
• Title 30: Government
• Art.: County Planning and Building Codes

Text

(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).

Legislative History

Source: L. 72: p. 506, � 8. C.R.S. 1963: � 106-2-38. L. 75: (3) added, p. 988, � 3, effective July 14. L. 92: (4) added, p. 967, � 10, effective June 1.