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FREMONT COUNTY
MINOR SUBDIVISION HANDOUT

The Minor Subdivision Application is a one time exemption from the Sketch Plan, Preliminary Plan and Major Subdivision (Final Plat) procedures. The Minor Subdivision Application allows for the creation of two or three lots from a parent parcel. One Minor Subdivision may be allowed for a lot, tract or parcel that has not been previously platted as a Minor or a Major Subdivision or any portion thereof. If the parent parcel has been previously platted or subdivided, in whole or in part, as a Minor Subdivision or a Major Subdivision, then all appropriate Sketch Plan, Preliminary Plan and Major Subdivision requirements shall be met rather than Minor Subdivision. In processing a Minor Subdivision, all lot size and width requirements, as per the Fremont County Zoning Resolution (FCZR), Zoning Maps and Appendix 1 and 2 of the Fremont County Subdivision Regulations (FCSR) regarding lot and street design, shall be adhered to.

In general, the procedure for processing a Minor Subdivision is as follows:

• A complete application - A complete application means that every question on the form has an answer and all required supplements and attachments are provided. The application is submitted to the Department of Planning and Zoning at or before 3:00 p.m. on the submittal deadline date. This submittal must be made to a department representative, who will check the submittal in conjunction with a minimum submittal check list relative to the application being made in the presence of the person making the submittal. An incomplete application will not be accepted by the department.
• A review of the application is conducted by the department, with a resulting letter (known as a Department Deficiency and Comment Letter or D & C Letter) sent by regular mail to the applicant and their consultant. This letter will provide a list of requirements pertaining to deficiencies in the application and/or comments and questions about the application and provide a deadline for these items to be returned to the department. The D & C Letter will also state the number of copies of the entire packet the applicant will be required to provide.
• Information required by the D & C Letter shall be submitted, by the stipulated deadline, to a department representative who will use a copy of the D & C Letter to be sure that all items in said letter have been addressed. A cover letter is also required explaining how the items in the D & C Letter have been addressed. The submittal of the items to address the D & C Letter must all be done at one time; the Department will not accept piecemeal submittals.
• If all items required by the D & C Letter have been adequately addressed, the department will prepare its formal review of the application with its recommendations. If all items required by the D & C Letter are not adequately addressed, the department will prepare a second D & C Letter and send it by regular mail to the applicant and their consultant requesting the items necessary to be addressed. There is an additional one-hundred dollar review fee for each D & C Letter generated by the department after the initial D & C Letter, payable when items are resubmitted.
• Once the department's formal review has been completed, the application is then placed on a Fremont County Planning Commission Agenda, where the Commission will recommend approval or disapproval to the Fremont County Board of County Commissioners or table the application for more information. The applicant and/or their consultant shall attend the commission meeting. The department will send by regular mail a letter stating the Commission's recommendations;
• The application is then placed on a Board Agenda, where the Board will make a final decision to approve, conditionally approve or deny the application. The Board could also table the request for more information. The applicant and/or their consultant shall attend the Board Meeting. The department will send by regular mail a letter stating the Board's final decision.

In general, the requirements to be contained in an application for a Minor Subdivision are as follows:

All applications and supporting materials shall be submitted as three packets (one original and two copies) to the department at least 30 working days prior to the regularly scheduled meeting of the Commission at which proposal is requested to be heard. If minimum requirements are not submitted, the application shall not be accepted by the department. In addition, if the submitted information is inadequate, the item will not be placed on the Commission Agenda. The following items shall be submitted, in original form wherever possible, as an application for Minor Subdivision:

1. An application fee as set by resolution of the Board. The current fee is $700.00.
   
2. Three packets or copies (one with original signatures and two copies) of completed application form with supplements and attachments with each to include at a minimum the following:
   • A Title Insurance Commitment or policy for the total property involved in the application, dated with an effective date within 30 days of the submittal date.
   • A copy of the current Deed of Record (recorded copy) for the total property involved in the application.
     
   • A copy of the final plat drawing, prepared by a Colorado Registered Land Surveyor, in accordance with the Fremont County Subdivision Regulations.
     
   • A copy of the final plat shall locate, by providing dimensions from property lines and size by dimension, all improvements (such as roads, rights-of-way, driveways, sewer lines, water lines, septic systems, wells, structures, building, irrigation ditches, public utilities, water retention structures, etc.), natural physical features (such as soil types, boundaries, bluffs, debris fans, water courses, live streams, dry gulches, drainage's, etc.) and easements described in the Title Insurance Commitment or policy (to include all known easements whether of record or not), which effect or traverse the property. If no improvements are housed on the property, no easements traverse or effect the property or no natural physical features are contained on the property, a statement to that effect, regarding each item, shall be provided by the project surveyor.
     
   • Proof of water, which may be a letter from a public water district, indicating that each parcel can and will be served with water services; or a statement from the Office of the State Engineer, Division of Water Resources, indicating well permits for each proposed lot will be issued and/or a copy of an approved well permit for each individual well for each of the proposed lots. It should be noted that water districts could require improvements, such as water line upgrades.
     
   • Proof of sewer, which may be a letter from a public sanitation district, indicating that each parcel can and will be served with sewer service; or an individual sewage disposal report in accordance with applicable regulations. It should be noted that sanitation districts could require improvements such as sewer line upgrades.
     
   • Proof of access to a public right-of-way for each lot proposed, which may require a Colorado Department of Transportation Access Permit, Fremont County Driveway Access Permit, dedication and deed of a public right-of-way or a deed for a private easement from a public right-of-way to serve the proposed lots.
     
   • Topographic and soils information, sufficient to show the usability of the proposed lot(s) for the purpose intended. Soils information may be obtained from the Natural Resources Conservation Service.
     
   • A drainage map and report prepared by a Colorado Registered Professional Engineer in accordance with the Fremont County Subdivision Regulations. It should be noted that said report could result in requirements of the applicant for construction of drainage facilities, such as ditches, detention structures and the future maintenance of such facilities.
     
   • A completed Fire Protection Plan Form (can be obtained from the department) from the appropriate Fire Protection District if the subject property lies within a Fire Protection District. It should be noted that the Fire Protection District may require installation of improvements such as fire hydrants, water lines and/or driveways to meet the needs of fire equipment, etc. If the property does not lie within a Fire Protection District, the applicant should provide a proposal for fire protection.
     
   • Information as required on a form provided by the department for the issuance of all property addresses.
     
   • Either proof (certified mail, return receipt requested and a sample copy of the information sent) of notification of any recreation district whose boundary is within a one mile radius of the subject property or copy of a completed Recreation District Comment Form (can be obtained from the department). If the subject property is not within one mile of the subject property, then a copy of the applicant's portion of the Recreation District Comment Form shall be completed and provided.
     
   • Proof (certified mail, return receipt requested and a sample copy of the information sent) of notification of a mineral interest owner(s), if the mineral interest has been severed as per Fremont County Assessor records, on a form provided by the department.
     
   • Proof (certified mail, return receipt requested and a sample copy of the information sent) that all individuals and entities having any rights of record easement and all applicable utility companies were notified of the application on a form provided by the department. It should be noted that these entities could make request of the board for conditions on approval or denial of the application. It would be suggested that potential applicants contact these entities prior to application to discuss the proposed division of the subject property.
     
3. The department, the commission or the board may require additional information be submitted so as to provide appropriate information in order for the department to adequately review, the commission to make recommendations and the board to render a final decision regarding the application.
   
   After approval by the board and prior to recording of the final plat, the following additional items may be required that could be listed as contingency of approval items (some items may be completed prior to the final approval of the board at the applicants' discretion):
   • A Title Insurance Commitment or policy for the total property with an effective date within 30 days of submittal. This requirement may necessitate further requirements of the applicant prior to recording of the final plat.
     
   • Executed Ratification, Consent and Release forms will be required for any mortgages, deeds of trust, liens, judgments, or the like.
     
   • Closure sheets for each lot and the boundary of the proposed subdivision shall be provided.
     
   • An approved driveway access permit or a State Highway Access Permit for any streets that intersect a county right-of-way or state highway, respectively.
     
   • An executed Quit-Claim Deed for the subject property with a deed restriction addressing the maintenance of any drainage facilities, easements, rights-of-way, etc., if the same are required. Applicable recording fees for the same will be at the expense of the applicant.
     
   • Improvement plans for water line upgrades, sewer line upgrades, drainage facilities, fire hydrants, roadways, etc., as may be required. Such plans must be designed by a Colorado Licensed Professional Engineer and have approval from the appropriate entity prior to commencement of construction. Approval of such improvements must be granted by the appropriate entity by documentation. The applicant may enter into an Improvement and Escrow Agreement with the County if such items are required and circumstances require recordation of the final plat prior to completion of such improvements.
     
   • A Quit-Claim Deed to the county for existing previously platted or proposed new required roadway rights-of-way.
   
   Once approved by the board, the applicant shall have six months to provide all contingency items or the application shall be considered withdrawn. If an extension of time is requested and granted by the board, in order for the applicant to provide contingency items, an updated Title Commitment for the subject property, shall be submitted to the department. It should be noted that such extensions require a one-hundred dollar fee and justification for the extension. Such requests must be granted by the board at a regular board meeting.
   
   After approval by the board, the surveyor shall provide the department with the following for recording purpose: an original Mylar drawing, a plastic reproducible for department records and a reproducible of the surveyor's choice to be returned to the surveyor.
   
   Upon recording of the final plat, the applicant shall provide the department with two copies (unless additional copies are specified by the department) of the recorded final plat and its accompanying recorded documents.

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