Dolores, Colorado  AGENDA  TOWN OFI DOLORES COLORADO BOARD OF1 TRUSTEES METING/WORASHOP May 23rd, 2022, 5:30P.M.  THE MEETING WILLI BEI HELD AT1 TOWN HALL 420 CENTRAL AVENUE.  IF YOU WISH" TO ATTEND VIRTUALLY, PLEASE VISIT THE1 TOWN WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING FOR  THE ZOOMI LINK  tps/townotdolores.colorado.goy  WORKSHOP: 5:30 P.M. THROUGH7:30P.M: 1. Discussion: 2021 Water & Sewer Budget Actuals  2. Discussion: Utility Rates 3. Montezuma County Commissioners BOARD MEETING: 7:30P.M. 1.CALLTOORDER 2.1 PLEDGE OF ALLEGIANCE 3. ROLL CALL:  4.A ACTION/APPROVAL OF1 THE AGENDA  5.11 IDENTIFICATION OF ACTUAL OR PERCEIVED CONFLICTS OFI INTEREST.  6.CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during a Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at ammyptowpocolcescon  any time before the dated Board meeting. 7. ADMINISTRATIVE BUSINESS:  1    7.1 Discussion/Action: Trustee Sands resignation/vacancy and discussion per the Dolores Municode  2.04.020 Filling Vacancies 8.1 PUBLIC HEARINGS:  8.1 Public Hearing: Application for Hillside Townhome Subdivision submitted by Josh Martin owner/agent of Grene LLC, 1240 Hinson St. Las Vegas NV: 89102 for thei following allowances:  Variance Permit Special exception Permit Preliminary/Final Plat Review ADBCISSONPOSHEACTON:  9.1 Application for the Hillside Avenue Townhome subdivision as submitted with conditions for a  variance permit, special exception permit, and Preliminary/Final Plat approval.  I0.ACTION/DISCUSSION: OROMANCS/AESOUTONS:  10.1 Resolution R483 Series 2022, imposing an open flame fire ban for the Town of Dolores.  11.STAFF EPORIS/PRISENTATONS: 11.1 Managers Report: 11.2 Attorney Report: 12. FUTURE AGENDAS:  12.1 Board/Workshop on. June 13th, 2022, Workshop to starta at 5:30  13. TRUSTEES REPORTS AND ACTIONS: 14. ADIOURNMENT:  2    WS I  WHATI WE HOPE TO ACCOMPLISH ATTHE MAY23 WORKSHOP  BUDGET  1. Have the Trustees and Mayor understand the Water and Sewer funds. How doesi it work? 2. Understand the water and sewer: sources of revenue and related expenses? 3. Understand the concept ofag government business? Include a short primer on Tabor. 4. Understand the limits of water and sewer revenue sources?  UTILITY RATES  1. Tor meet current and projected operational: and normal maintenance expenses.  2. To build reserves to replace aging infrastructure. 3. Tob build reserves to use as matching funds for grants.  4. Toservice possible debt. WATER BUDGET  In2 2021, the Town budgeted $307,500 in planned income in the water fund and $379,403 in planned expenses, creating a planned net loss of $71,903 requiring the use of reserves to operate. The Town tries to create a realistic picture of revenue and expenses each fiscal year, but also tries to create a small cushion by slightly underestimating income ands slightly over estimating expenses. Wej just finished our 2021 audit last week and now have the actual figures for 2021. In reality, the water fund gained $2,532 in 2021 and did not have a loss. Our income was slightly less than expected (96%) because the DOLA water grant we received in. January 2021 was moved to 2020 by our auditor based on the actual project completion dates. (Refer to the Budget Analysis Report for the line-item revenue and expenses by percent utilized and planned for 2021). Our expenses were 77% of what we planned, allowing us not to dipi into our reserves. However, this basically can be considered a lucky accident, as there werei no emergencies and some oft the capital improvement planned for 2021 have been moved to 2022. Also, our auditor moved some items we planned & purchased in capital improvements to the Parts & Supplies category. Inai normal year, we may need to dipi into water reserves to operate which is not sustaining When reviewing the Income Statement for the wateri fund, it shows the Town only has four sources of revenue to fund the water enterprise, which are grant revenue, water use fees, new water taps, and the water dock fees. However, the Town has 33 expense categories it needs to cover with this revenue. In2 2021, the Town budgeted $185,875 in planned income in the sewer fund and $261,355 in planned expenses, creating a planned net loss of $75,480 requiring the use of reserves to operate. In reality, the sewer fund lost $37,333 in 2021. Ouri income was slightly more than expected (111%), and our expenses were 93% of what we planned. However, we are required to include depreciation as an expense int the enterprise funds, and although we are not encouraged to plan for depreciation in cash-based budgets, it isre required as part of our annual audit to comply with state laws in govermentalacounting Ifwe overlook the cost of depreciation, the sewer fund would have been ahead $12,110i ina a cash-based budget. Of note is that the solar improvements to the wastewater plant reduced our electric bill sO that the Town only expended 46% of what was planned in electrical costs. Asi in the water fund, our auditor  for an enterprise fund which: should be able to cover its own operating expenses.  SEWER BUDGET  1    moved some items we planned into different categories, such as to the Parts & Supplies category and the Office Supply category. Fore example, the new Ampstun accounting and utility billing software purchased in 2021 was moved by our auditor from Capital Improvements to Office Supplies. Similarly, both the revenue and expenses for the lease purchase for the solar project were moved from the sewer fund into the general fund since the project was considered to provide an overall benefit tot the Town as awhole, notj justa a benefit toi the: sewer fund. These movements from line-item to line-item are permissible, asi fund accounting looks at the overall picture ofe each fund ini its entirety, not each individual revenue and expense line- item. As stated in the water fund section, in a standard year, the Town may need to dip into sewer reserves to operate whichi is not sustaining for an enterprise fund When reviewing the Income Statement for the sewer fund, it shows the Town only had one. source of revenue to fund the sewer enterprise in 2021, which were sewer user fees. No new sewer taps were sold in 2021. However, the Town has 28 expense categories it needs to cover with this revenue.  which should be able to cover its own operating expenses.  TABOR Whati isTABOR?  The Taxpayer's Bill of Rights is an amendment to the Colorado Constitution enacted by voters in 1992 that limits the amount of revenue governments in Colorado can retain and spend, including counties, Municipalities, schools, and special districts. Limiting how much total revenue can be received by these local governments each year can have different effects on our budget. TABOR is not an expense limiting  amendment, but a revenue limitation. What does" TABOR do?  TABOR contains several provisions concerning revenue for state and local governments in Colorado. The two principal provisions are the requirement of voter approval for taxi increase andi the limitation of  revenue from one year to the next.  Tabor does:  Require voter approval on new taxes Limit growth of revenue Require excess revenue to be refunded to taxpayers Require a 3%6 emergency reserve Define language for fiscal ballot measures  What TABOR does not:  Require voter approval on new fees or assessments Define who receives refunds, or how much  Limit growth of spending  Enterprises  TABOR excludes from its limitations any qualified 'enterprise;" however, the term presents difficult interpretive questions. Ine effect, the enterprise exclusion (1) shielding enterprise revenue from TABOR  2    revenue and spending limitations; and (2) allowing fori thei issuance of enterprise revenue bonds without TABOR does define what is an enterprise. "An enterprise" to be, "a government-owned business authorized to issue its own revenue bonds and receiving under 10% of its annual revenue in grants from all Colorado state and local governments combined". Such businesses include the kinds of activities that have some counterpart ini the private sector, e.g., utilities, airports, parking facilities, Grant means any direct cash subsidy or other direct contribution of money from the state or any local government in Colorado that is not required to be repaid. It does not include any revenues resulting from rates, fees, assessments, or other charges imposed by an enterprise for the provision of goods and services by such an enterprise, nor any federal funds. In this case, it would include revenue such as sales taxes or any othert tax derived revenue. Tol be a government owned business, water and sewer funds for instance, revenue from government sources must be less than 10% of the water or sewer fund budget. Fees are not considered government grants. So, a water and sewer bill are at fee for service, which in  the need for voter approval.  certain recreational facilities.  many' ways can be compared to an electric or gas bill.  De-Brucing  TABOR allows a government to "opt out" (my words) of the revenue limitations imposed by TABOR. The broadest ballot wording will allow a municipality to keep and spend excess revenue derived from "any lawful source." The town of Dolores proposed this form of de-Brucing and it was passed by the voters of the town of Dolores. Asignificant number of Colorado municipalities have de-Bruced.  UTILITY RATES  The Town has the authority to set rates by resolution for water and sewer services pursuant to CRS $31- 35-402 and Dolores Municipal Code S 13.04.340 and S 13.04.430. Dolores hast found it necessary to undertake significant improvements toi the aging water and sewer lines ini the Town's water and sewer system at significant expense to the Town. The cost of operating the Town's water and sewer: systems have increased while revenues have not. Inflation during the past two years has also been significant resulting in increased operating costs. Dolores last set water and sewer rates in 2015 and 2020 by Resolution No. 357 Series 2015 and Resolution 423 Series 2020, slightly increasing the monthly base water and sewer rates in the Town of Dolores. Below is the change that was approved in 2020.  Excerpt from "Exhibit A" of Resolution 423 Series 2020 Water and sewer rates in effect until December 31, 2020:  Water Rates peri installed tap: Base Rate - 4,000 gallons 4,000 -5 5,000 gallons per 1,000 5,000-3 30,000 gallons per1 1,000 30,001 and up per 1,000 gallons  IN-TOWN $25.84 $1.55 $1.68 $2.04  OUT-OF-TOWN $39.35 $2.49 $3.04 $3.67  Water Dock Rates Per 100 Gallons: $ 1.50or$ $15/thousand gallons  3    Sewer Rates per installed tap: Residential Commercial (first 10,000 gallons) 10,000 gallons to 30,000 per 1,000 30,001 gallons and up - per 1,000  IN-TOWN $28.66 $28.66 $ 1.77 1.87  OUT-OF-TOWN $49.37 $49.37 $3.40 $3.78  Current Watera and Sewer rates effective January 1, 2021:  This included a $5.00/tap per month increase in the base water rate and $2.50/tap per month in the  sewer rate.  Water Rates peri installed tap: Base Rate- -4 4,000 gallons 4,000-5,000 gallons per 1,000 5,000-3 30,000 gallons per1,000 30,001 and up per 1,000 gallons  IN-TOWN $30.84 $1.55 $1.68 $2.04  OUT-OF-TOWN $44.35 $2.49 $3.04 $3.67  Water Dock Rates Per 100 Gallons: $ 1.50 Sewer Rates peri installed tap: Residential Commercial (first 10,000 gallons) 10,000 gallons to 30,000 per: 1,000 30,001 gallons and up per1,000  IN-TOWN $31.16 $31.16 $ 1.77 $ 1.87  OUT-OF-TOWN $51.87 $51.87 $3.40 $3.78  The Town needs to consider thet funds required to meet current and projected operating costs, to build reserves to replace aging infrastructure or match grants, and potentially to service debt. We also need to consider what would happen to our water and sewer reserves ift there was an unplanned emergency  we need to take care ofi in either fund. Operations increase:  If we wanted to plan for 8% inflation for annual operations and increase our existing planned revenue by 8%, we would need to generate an additional $14,510 annually ini the sewer fund and $19,440a annually int the water fund. Divided by 5501 taps and 12 months in a year, that would be an increase of $2.20a month in sewer fees and a $2.95 a month in water fees. Combined, that would be a $5.15 increase  monthly per user to try and cover increasing operating costs.  Reserve increase:  If we want to build our reserves: a very modest $5,000 annually in each fund fora ai total of $10,0001 to help replace aging infrastructure, that would be $.76 a month per fund fora a total of $1.52 a month for  water and sewer.  4    Debt Service:  Ifv we are selected in October 2022 for the $3.2 M water line replacement project submitted at few months ago to U.S. Senator Bennett, we will need a $500,000 grant match for thei improvements. To finance a loan fori those improvements for 20 years at 2%i interest, we would need $30,360 annually for  the payments. That works out to $4.60 a month per water tap.  Water Dock:  Fees at the water dock were not increased in the 2021 rate increase. At this point int time, 1,000 gallons  cost $15. 10,000 gallons cost $150.  Conclusion:  The Town staff recommend at a minimum an increase to water and sewer user fees to cover our increasing operating costs, which would be $2.95 in water fees and $2.20 a month in sewert fees fora total of $5.15ar month. The Town also recommends considering the other increases to help our We also propose to adjust the "tiered rate system" in the water fund. The tiers begin at 4,000 gallons. Water users over 4,000 gallons are charged a very minimal fee. Here are a sample ofs small communities for a monthly use of 10,000 gallons. We onlyi included residential in-town rates ini this table, as numerous communities had higher rates for out oft town and/or commercial accounts. Dolores undercharges for water over the base rate; in many cases, significantly less. We would propose to  reserves and finance future projects.  adjust those tiers to better reflect actual cost to produce.  Community Dolores Silverton Bayfield Mancos Dove Creek Olathe Ridgway Hotchkiss  Base Rate $30.84 $47.74 $30.32 $40.87 $34.00 $22.47 $42.75 $34.00  Rate for 10,000 gallons $40.79 $47.74 $64.16 $52.87 $51.50 $43.47 $97.75 $46.00  *Olathe is part ofa al large water consortium, Project Seven, that provides7d communities with their  water.  5    5/12/2022 4:49:14PM  TOWN OF DOLORES Budget Analysis Reporting As Of1 12/01/20211 to1 12/31/2021 Reporting Department: 30- Water Department  Page 1of1  Account Description Grant Revenue Water User Fees New Water Taps Water Dock TOTAL INCOME Town! Manager Treasurer Administrative Clerk Office Assistant- Town Clerk Accrued' Vaction Adjustment Board Payment Interim Town! Manager Health/DentaVLife- Insurance Payroll Taxes Employee Retirement State Compensation Maintenance Salaries Maintenance Overtime Subscriptions & Dues Public Works Education Town Attorney Audit Fees Licensed Operator Laboratory Services Water Permit Fees Plant-Electricity Plant-Propane Maint. on Equip. Purchased Ser Plant-Maintenance ofE Equipment Liability Insurance Telephone/nternet Travel &I Mileage Postage & Freight Office Supplies Building & Grounds Maintenance Small Tools/Equipment Uniforms Chemicals Parts & Supplies MascalanepuxComtingeny, Capital Outlay Fire Hydrants DSBI Water Loan Payment DSBI Water Interest Payment Depreciation TOTAL EXPENSES TOTALI INCOME NETTOTALS  Account No. Current Month YTD Actual Budget Year YTD Variance  % Used 34.02 101.88 116.22 164.50 96.06 0.00 87.92 98.98 98.18 0.00 21.33 129.08 84.31 80.13 64.25 0.00 95,57 120.06 0.00 18.75 140.40 109.09 51.47 54.06 0.00 75.28 64.14 0.00 27.00 111.42 125.91 31.33 183.90 946.24 17.33 58.33 122.00 71.84 144.96 31.74 0.00 0.00 0.00 164.98 0.00 77.19 96.06 -3.52  30-334-101 30-340-100 30-340-101 30-340-102 30-415-110 30-415-111 30-415-112 30-415-113 30-415-116 30-415-117 30-415-118 30-415-210 30-415-220 30-415-230 30-415-260 30-433-115 30-433-116 30-433-310 30-433-321 30-433-330 30-433-331 30-433-342 30-433-343 30-433-344 30-433-411 30-433-414 30-433-431 30-433-432 30-433-520 30-433-530 30-433-580 30-433-602 30-433-610 30-433-611 30-433-612 30-433-613 30-433-617 30-433-618 30-433-650 30-433-701 30-433-707 30-500-800 30-500-801 30-600-100  -25,000.00 14,630.10 43,000.00 -28,369.90 19,634.49 247,569.22 243,000.00 4,569.22 1,540.00 27,965.25 17,000.00 10,965.25 3,825.51 295,394.57 307,500.00 -12,105.43 0.00 1,182.91 8,023.23 2,023.33 12,052.22 12,176,00 1,017.52 8,362.60 1,238.30 1,238.30 0.00 848.22 6,182.67 267.84 1,777.86 0.00 0.00 535,38 6,555.47 0.00 649.00 540.00 225.00 262.50 9,126.26 0.00 3,000.00 -38.52 1,801.58 0.00 1,892.00 0.00 0.00 188.21 1,603.39 0.00 0.00 0.00 270.00 105.82 8,763.30 386.01 4,406.91 0.00 313.28 2,033.08 3,678.08 7,431.85 7,569.92 0.00 129.99 0.00 875.00 73.94 1,585.99 4,928.29 20,293.71 562.14 1,587.14 -65,228.08 0.00 -22,375.54 10,066.86 10,066.86 55,587.99 55,587.99  0.00 5,230.00  4,500.00  730.00  0.00  6,667.00 6,667.00 9,126,00 1,102.77 123.78 8,518.00 155,40 0.00 -1,238.30 3,750.00 2,950.00 7,716.00 1,533.33 2,767.00 2,200.00 2,200.00 5,460.00 -1,095.47 0.00 1,200.00 6,500.00 -2,626.26 2,750.00 3,500.00 1,698.42 3,500.00 1,608.00 500.00 2,500.00 1,000.00 1,000.00 1,000.00 7,865.00 3,500.00 1,000.00 2,000.00 -1,678.08 800.00 6,769.92 750.00 1,500.00 1,300.00 14,000.00 6,293.71 5,000.00 3,412.86 0.00 111,278.00 111,278.00 500.00 0.00 18,306.00 18,306.00 6,102.00 -3,964.86 0.00 -55,587.99  800.00  2,593.75 22,718.75 17,600.00 5,118.75 16.10 21,608.92 25,631.00 4,022.08 5,998.14 43,427.83 45,441.00 2,013.17  989.14 -649.00 975.00 -250.00 500.00 896.61 730.00 898.30 -906.91 686.72 620.01 625.00 -285.99  1,067.39 18,068.20 24,000.00 5,931.80  0.00 8,620.70 12,000.00 3,379.30  0.00  500.00  10,233.43 292,862.15 379,403.00 86,540,85 3,825.51 295,394.57 307,500.00 -12,105.43 -14,058.94 2,532.42 -71,903.00 74,435.42  6    5/12/2022 4:40:55PM  TOWN OF DOLORES Income Statement Reporting As Of1 1/1/2021 to 12/31/2021 Reporting Department: 30-Water Department  Page1of1  Period Activity  End Balance  INCOME  30-334-101 - Grant Revenue 30-340-100- Water User Fees 30-340-101 New Water Taps 30-340-102- Water Dock  14,630.10 247,569.22 5,230.00 27,965.25 295,394.57 8,023.23 12,052.22 8,362.60 1,238.30 800.00 22,718.75 21,608.92 6,182.67 1,777.86 43,427.83 6,555.47 649.00 225.00 9,126.26 3,000.00 1,801.58 1,892.00 18,068.20 1,603.39 270.00 8,763.30 4,406.91 313.28 3,678.08 7,569.92 129.99 875.00 1,585.99 8,620.70 20,293.71 1,587.14 10,066.86 55,587.99 292,862.15 2,532.42  14,630.10 247,569.22 5,230.00 27,965.25 295,394.57 8,023.23 12,052.22 8,362.60 1,238.30 800.00 22,718.75 21,608,92 6,182,67 1,777.86 43,427.83 6,555.47 649.00 225.00 9,126.26 3,000.00 1,801.58 1,892.00 18,068.20 1,603.39 270.00 8,763.30 4,406.91 313.28 3,678,08 7,569.92 129.99 875.00 1,585.99 8,620.70 20,293.71 1,587.14 10,066.86 55,587.99 292,862.15 2,532.42  TOTAL INCOME EXPENSES  30415-111-Treasurer 30-415-112- -Administrative Clerk 30-415-113 Office Assistant- Town Clerk 30-415-116- Accrued' Vaction. Adjustment 30-415-117- Board Payment 30-415-118- Interim Town! Manager 30-415-210- Health/DentalLlfe- Insurance 30-415-220- Payroll Taxes 30-415-230- Employee Retirement 30-433-115- Maintenance Salaries 30-433-116- Maintenance Overtime 30-433-310 Subscriptions & Dues 30-433-321 Public Works Education 30-433-330- Town Attomey 30-433-331 Audit Fees 30-433-342- Licensed Operator 30-433-343 -Laboratory Services 30-433-411- Plant-Electricity 30-433-414- Plant-Propane 30-433-432- Plant-Maintenance. of Equipment 30-433-520- Liability Insurance 30-433-530- Telephone/ntemet 30-433-580- Travel & Mileage 30-433-602. Postage & Freight 30-433-610- Office Supplies 30-433-611- Building & Grounds Maintenance 30-433-612. Small Toois/Equipment 30-433-613- Uniforms 30-433-617- Chemicals 30-433-618- Parts & Supplies 30-433-650-Miscelaneous/Contingeny, 30-500-801 -DSB Water Interest Payment 30-600-100- Depreciation TOTAL EXPENSES TOTAL INCOME LESS EXPENSES  7    5/12/2022 4:50:04PM  TOWN OF DOLORES Budget Analysis Reporting As Of 12/01/2021 to1 12/31/2021 Reporting Department: 40- Sewer Department  Page 1of1  Account Description DSBI Lease Purchase Solar Proj Sewer Users Fees New Sewer" Taps TOTAL INCOME Town Manager Treasurer Administrative Clerk Office Assistant- Town Clerk Accrued Vacation. Adjustment Interim Town Manager Board Payment Health/DentaVLife- Insurance Payroll Taxes Employee Retirement State Compensation Maintenance Salaries Maintenance Overtime Subscriptions & Dues Public' Works Education Town Attorney Audit Fees Maint on Equip Purchase Servic OperatorlLicensed Services Laboratory Services Waste Water Permit Electric Service Liability Insurance Telephone Service Travel & Mileage Postage & Freight Office Supplies Plant Building & Grounds Maint Small Tools &E Equipment Uniforms Chemicals Parts and Supplies MiselaneouxComingeny, Capital Outlay EIAF Loan Payment EIAF Interest Payment Depreciation TOTAL EXPENSES TOTALI INCOME NETTOTALS  Account No. 40-300-105 40-340-100 40-340-101 40-415-110 40-415-111 40-415-112 40-415-113 40-415-116 40-415-117 40-415-118 40-415-210 40-415-220 40-415-230 40-415-260 40-432-115 40-432-116 40-432-310 40-432-321 40-432-330 40-432-331 40-432-341 40-432-342 40-432-343 40-432-345 40-432-411 40-432-520 40-432-530 40-432-580 40-432-602 40-432-610 40-432-611 40-432-612 40-432-613 40-432-617 40-432-618 40-432-650 40-432-701 40-500-800 40-500-801 40-600-100  Current Month YTD Actual Budget Year YTD' Variance 32,958.00 19,596.04 205,961.63 181,375.00 24,586.63 0.00 -13,361.96 205,961.63 185,875.00 20,086.63 0.00 1,182.88 8,023.18 1,662.97 11,691.84 12,176.00 1,377.88 8,722,96 1,238.30 1,238,30 0.00 848.15 6,166.24 267.80 1,777.47 0.00 535.39 6,554.96 1,200.00 1,200.00 0.00 1,475.00 262.50 9,126.22 0.00 3,000.00 0.00 0.00 170.00 4,554.00 0.00 1,593.00 105.80 8,763.30 386.01 4,337.68 0.00 83.08 2,797.82 2,797.82 0.00 0.00 73.94 1,314.01 0.00 10,058.54 10,977.86 -697.04 41,420.25 0.00 0.00 49,443.36 49,443.36  % Used 0,00 113.56 0.00 110.81 0.00 87.92 96.02 102.41 0.00 129.08 0.00 77.15 79.91 64.24 0,00 95.56 120.05 100.00 73.75 140.40 109.09 0.00 0.00 56.93 93.71 46.19 111.42 123.93 55.58 78.97 559.56 0.00 0.00 101.08 39.91 219.56 8.20 0.00 0.00 0.00 0.00 93.09 110.81 49.46  0.00 0.00 0.00  0.00 4,500.00 4,500.00 6,667.00 6,667.00 9,126.00 1,102.82 484.16 8,518.00 -204.96 0.00 -1,238.30 0.00 -800.00 7,716.00 1,549.76 2,767.00 989.53 2,200.00 2,200.00 5,460.00 -1,094,96 1,200.00 0.00 2,000.00 525.00 6,500.00 -2,626.22 2,750.00 -250.00 1,500.00 1,500.00 300.00 300.00 8,000.00 3,446.00 1,700.00 107.00 7,865.00 -898.30 3,500.00 -837.68 500.00 222.11 1,000.00 210.28 500.00 -2,297.82 100.00 100.00 750.00 750.00 1,300.00 -14.01 2,500.00 1,502.37 5,000.00 5,977.86 2,500.00 2,295.04 0.00 41,137.00 41,137.00 2,716.00 2,716.00 1,336.00 1,336.00 0.00 49,443.36  0.00  2,593.75 22,718.75 17,600.00 -5,118.75 16.10 21,625.04 28,030.00 6,404.96 5,998.12 43,423.02 45,441.00 2,017.98  800.00 0.00  0.00 0.00  -1,025.65 9,700.45 21,000.00 11,299.55  277.89 789.72 0.00 0.00 997.63 204.96 0.00 0.00  37,159.45 243,294.66 261,355.00 18,060.34 -13,361.96 205,961,63 185,875.00 20,086.63 -50,521.41 -37,333.03 -75,480.00 38,146.97  8    5/12/2022 4:41:29PM  TOWN OF DOLORES Income Statement Reporting As Of1 1/1/20211 to1 12/31/2021 Reporting Department: 40- Sewer Department  Page 1of1  Period/ Activity  Endi Balance  INCOME  40-340-100- Sewer Users Fees  205,961.63 205,961.63  205,961.63 205,961.63 8,023.18 11,691.84 8,722.96 1,238.30 22,718.75 800.00 21,625.04 6,166.24 1,777.47 43,423.02 6,554.96 1,200.00 1,475.00 9,126.22 3,000.00 4,554.00 1,593.00 9,700.45 8,763.30 4,337.68 277.89 789.72 2,797.82 1,314.01 997.63 10,977.86 204.96 49,443.36 243,294.66 37,333.03  TOTAL INCOME EXPENSES  40-415-111-Teasurer: 40-415-112- Administrative Clerk 40-415-113- Office Assistant- - Town Clerk 40-415-116- Accrued' Vacation Adjustment 40-415-117- Interim Town Manager 40-415-118- Board Payment 40-415-210- Health/DentalLife- Insurance 40-415-220- Payroll Taxes 40-415-230- Employee Retirement 40-432-115- Maintenance Salaries 40-432-116- Maintenance Overtime 40-432-310- - Subscriptions & Dues 40-432-321 Public' Works Education 40-432-330- Town Attorney 40-432-331- Audit Fees 40-432-343  Laboratory Services 40-432-345- Waste Water Permit 40-432-411- Electric Service 40-432-520- Liability Insurance 40-432-530- Telephone Service 40-432-580- Travel & Mileage 40-432-602- Postage &F Freight 40-432-610- Office Supplies 40-432-613- - Uniforms 40-432-617- Chemicals 40-432-618- - Parts and Supplies 40-432-650- -N MiscelaneousComtingeny, 40-600-100-D Depreciation TOTALI EXPENSES TOTAL INCOME! LESSE EXPENSES  8,023.18 11,691.84 8,722.96 1,238.30 22,718.75 800.00 21,625.04 6,166.24 1,777.47 43,423.02 6,554.96 1,200.00 1,475.00 9,126.22 3,000.00 4,554.00 1,593.00 9,700.45 8,763.30 4,337.68 277.89 789.72 2,797.82 1,314.01 997.63 10,977.86 204.96 49,443.36 243,294.66 -37,333.03  1    DOARD 11  /  May 18, 2022  ToWhom it May Concem:  will be resigning from my position as trustee of the Town of Dolores, effective Tuesday, May 24th, 2022. My family and Iwill be moving to a new residence outside oft town limits. This was an unexpected andi initially unplanned move. lapologize for the challenges this may present for  the mayor, board, town staff and others.  Sincerely, Jeff Sand N    5/17/22, 12:52 PM  Dolores, CO Code of Ordinances  2  2.04.020- - Filling of vacancies.  The board oftrustees shall have power, by appointment, to fill all vacancies ini the board ori in any other elected office, and the person sO appointed shall hold office until the next regular election and until his successor is elected and qualified. If the board has not appointed a successor or called an election within sixty days of the creation oft the vacancy, then it must order an election as soon as practicable to fill the vacancy. Ift the term of the person creating the vacancy was to extend beyond the next regular election, the person elected to fill the vacancy shall be elected for the unexpired term. Where a vacancy or vacancies exist ini the office oft trustee and a successor or successors are to be elected at the next election to fill the unexpired term or terms, the three candidates for trustee receiving the highest number of votes shall be elected to four-year terms and the candidate or candidates receiving the next highest number of votes, in  descending order, shall be elected to fill the unexpired term or terms.  (Ord. 462, 2005: Ord. 354, 1989)  1/1    PH8I 5 9,1  Dolores, Colorado) Esif, 900  Meeting Date: 5-23-22  Discussion and Possible. Action  AGENDA DOCUMENTATION ITEM 9,1 FROM: Ann Swope/Clerk for P&Z  TO: TOWN OF DOLORES MAYOR &TRUSTEES  SUBJECT: Application for Hillside Townhome Subdivision submitted by Grene LLC, 12401 Hinson St, Las Vegas, NV. 89102 for the proposed Hillside. Avenue, Townhome Subdivision development.  PURPOSE. AND BACKGROUND:  The Planning & Zoning Committee held al Public Hearing fort the proposed development site as presented by owner and agent Josh Martin/Grene LLC: at Hillside Avenue and 15th Street. This willl be phase two ofthe proposed development previously started in October 2020. Documentation fort the actions and approval are included ini this packet. Planning & Zoning reviewed applications fora special exception permit, variance permit, and aj preliminary/final plat. A publicl hearing was held May 17t, 2022, at the regular Planning and Zoning Committee meeting. Action and approval were made: fort the special exception permit, variance permit  and preliminary/final plat. The action passed with conditions.  FISCAL IMPACT None RECOMMENDATIONS:  The Planning and! Zoning Committee is recommending thel Board review and take final action/approval.  420 Central Ave, P OBox 6301 Dolores, CO. 81323 Ph. 970-882-7720 fax. 970-882-7466 peommafibbuscalemas gov    TOWN BOARD OF TRUSTEES REGULAR MEETING MAY23,2022630P-M. PREUIMINARV/HINAL LPLATPACKET  Packet contents:  1. Land use application form, plat, Covenants, Conditions and Restrictions. Note, the Title Certificate and Tax Certificate were: submitted with application but not included in the packet  but will be kept with the Town Clerk.  2. LUC procedures for Special Exception, Variance, Preliminary Plat. Final Plat  Condominum/lownhome Subdivisions and  Ihave greyed out the parts of1 the procedures that do not apply to this application. They are still  int the text for consistency. 3. Public Notices  4. Comments from the agencies -2r responded 5. Staff review and recommendation. Townhome subdivision. 7. Standards for installation of sanitary sewer lines 8. Standards fori installation of culverts.  6. Proposed amendments to the Covenants, Conditions and Restrictions for the Hillside Ave.  9. Planning Commission recommendations and conditions on the Hillside Townhome Subdivision    ACTION ITEMS OF THE PLANNING COMMISSION REGARDING HILLSIDE AVE TOWNHOME SUBDIVISION Action Items of the Planning Commission regarding the Application for Hillside Townhome Subdivision submitted by Grene LLC, 1240 Hinson St, Las Vegas, NV. 89102 (970)739-0833 for a proposed Townhome Subdivision development. The purpose of the Special Exception permit is to allow a non-conforming setback as required in the Dolores Land Use Code Article III G. 7 C. Minimum rear and Interior Side Setbacks; 6feet, because of dividing the propertyi into 8 parcels that will be attached with party walls for The purpose of the Variance permit is to allow for non-complying lot size and lot width that will not be met as required in Article II G.7a. Minimum lot size (multifamily dwelling -2 2500 square feet per unit), d. Minimum Lot width of 50 feet because of dividing the property into 8 parcels. If unable to attend comments shall be made in writing to; Town of Dolores, PO Box 630, Dolores CO. 81323 or 420 Central The preliminary plat must be reviewed by the Planning and Zoning commission at a public hearing as per  each pair of town homes.  Ave. Dolores CO. 81323.  Preliminary Plats, Article VIE4.b(1) (Dolores Land Use Code Adopted. 1998).  SPECIAL EXCEPTION PERMIT  Finding required. The Commission found the application for Special Exception acceptable Chairperson Robinson recited the declarations of finding of facts which were that the application was submitted on November 29, 2021. The purpose of the special exception permit ist to allow a nonconforming setback as required in the Land Use Code Article III G.7c. minimum reara andi interior side setbacks; 61 feet. The publicl hearing was scheduled, and notice was provided. Publication of notice was done on May 4, 2022. The public hearing took place, and the public was invited to comment. The public hearing requirements were met. Commissioner Tucker moved and Commissioner Powell seconded to approve the Special  and understood the purpose of the permit.  Exception Permit for the Hillside Ave townhome subdivision. Roll call vote: Yes: Powell, Tucker, Heeney, Watters and Robinson  No: none  VARIANCE PERMIT  Finding required. Commissioner Watters questioned the lot size of each dwelling unit and their status as single-family dwellings. Since the minimum lot size for duplexes is 3000 square feet for each unit, how does this qualify for 2500 square feet per unit? Doudy's response was, the applicant has applied for less than standard size lot and less than 501 feet lot width. Itisin Commissioner Powell moved and Commissioner Heeney seconded to approve the Variance  line with the Phase Ivariance given in 2009. permit as specified in the Land Use Code.  1    Chairperson Robinson recited the declarations ofi finding ofi facts which were that the application was submitted on November 29, 2021. The purpose of the Variance permit ist to allow for non-complying lot size and lot width that will not be met as required in Article IIIC G.7. Minimum lot size (multi-family dwelling - 2500 square feet per unit). d. minimum lot width of 501 feet. The public hearing was scheduled, and notice was provided. Publication of notice was done on May 4, 2022. The public hearing took place, and the public wasi invited to comment.  The public hearing requirements were met. Roll call vote: No: Watters  Yes: Powell, Tucker, Robinson, and Heeney  CONDOINUMIOWMOME SUBDIVISION PRELIMINARY PLATI REVIEW  1.  Finding required. The commission reviewed items a. through k. (listed here: Approve the subdivision oft this parcel as submitted in this application with the following a. The sewer line ini the alley between 15tand 16th street shall be extended to the west b. Stamped engineered plans for the sewer line extension shall be submitted for approval The: sewer line shall bei installed by a contractor approved by the Building Official who is d. The sewer line shall be installed according to all applicable provisions of the Town of Dolores Municipal Code and Specifications. See attached construction standard e. Tracer wire ofa a minimum of 10 gauge shall be attached to the sewer line. Alli individual service lines, water, sewer, and natural gas shall have a minimum of10- - There shall be a manhole installed at the end of the sewer line following the attached There shall be a minimum 30" culvert installed from the alley between 15th and 16th street and 15th street. The culvert shall be continuous from one end to the other. There shall be a minimum of 12" of cover material over the installed culvert to prevent Amendments to the Covenants, Conditions and Restrictions document for Hillside Ave k. This plat to replace the previous plat approved November 2, 2020) asr recommended by staff for conditions ofa approval and the 10 additions and amendments recommended for the Covenants, Conditions and Restrictions document that will accompany this preliminary plat to the final plat adoption event and be recorded with the plat on approval. In addition to the 11 recommendations from staffi the Commissioners added three more fori the developer and one requirement for the town staff. The three items would be added in alphabetical order as follows: Item I. Landscaping requirement from the Dolores Land Use Code Article V.E.3 and 4; Item m. To be added to thei final plat dedicate the drainage ditch easement along 15th street to the town with the guarantee the ditch willl be kept open and clear throughout construction.  conditions (Municipal Code 13.04.120) side oft the property. tot the Building Official.  skilled in thei installation of public utilities, licensed and bonded.  drawings.  gauge tracer wire attached to the installed pipe. construction standards drawing.  h. Noi individual sewer service lines shall terminate at the manhole.  collapse of the culvert. Townhome Subdivision attached.  2    Item n. 4' sidewalk improvements from the alley to 15th street on the north boundary of the Item 0. Request the town staff to perform at traffic impact studyi in the areai to determine ifa narrow street policy would be effective. This study would not bei included withi the conditions of The list ofa amendments and additions to the Covenants are inserted here for completeness: PROPOSED AMENDMENTS TO THE COVENANTS, CONDITIONS ANDI RESTRICTIONS OF THE 1. Because there is a common area (see Article 3) covenants should provide for an HOA with 3. Amend the last sentence of 4.61 to read not garbage, construction debris, or livestock debris shall 4. Section 4.9: should be amended to state that abandoned or inoperable vehicles shall NOTI be 5. The designated storage area: should prohibit outside storage and perhaps parking. 6. Under 4.14 add "The Town of Dolores shall have standing to enforce the provisions oft these 8. Add a 4.17 the use, repair and maintenance ofa alli individual lots and cOmmon areas shall be subject toi the ordinances of the Town of Dolores as amended from time to time and shall control over any provision oft these covenants to the contrary. 9. Without an HOA Article 61 is not going to be workable for an 8-unit complex.  subdivision along Hillside.  approval.  HILLSIDE AVE TOWNHOMES:  authority to collect dues in order to maintain this area. 2. Section 4.1 should state that the request be made in writing. be permitted to be stored outside ori in: storage areas.  permitted ini the storage area.  covenants."  7. The Term section (4.16) should be in perpetuity.  10. Article 7 should include flood insurance.  Chairperson Robinson recited the declarations ofi finding of facts which were that the application was submitted on November 29, 2021. The public hearing was scheduled, and notice was provided. Publication of notice was done on May 4, 2022. The public hearing took place on May 17, 2022, and the public was invited to comment. The public hearing requirements were Chairperson Robinson moved and Commissioner Watters seconded to approve the preliminary plat with the conditions listed by the staff and the additional three by the commission as well as the amendments and additions to the Covenants, Conditions and Restrictions of the Town home  met.  subdivision.  Roll call vote: Yes: Robinson, Heeney, Tucker, Watters and Powell  No: none  3    Planning and Zoning Regular meeting /publich hearing January 11, 2022 Motion for recommending adoption oft the Revised Land Use Code:  Action items from the meeting:  Chairperson Robinson moved and Commissioner Truelsen seconded that Planning and Zoning Commission has held a publich hearing fora adoption oft the Revised Land Use Code, that notice for the hearing was published as required, comments were submitted, and response was made, and no comments were made at this hearing. Therefore, the Planning Commission recommends the current draft bet forwarded to the Board of Trustees to be considered for adoption.  The roll call vote was: No: none  Yes: Truelsen, Powell, Robinson, Heeney and Tucker  For Zoning designation:  Chairperson Robinson moved and Commissioner Powell seconded to recommend P1zoning designation for all public properties on the attached map and to permit major municipal  infrastructure facilities in that zone.  Roll call vote: No: none  Yes: Truelsen, Powell, Tucker, Heeney and Robinson    PROPOSED AMENDMENTS TO THE COVENANTS, CONDITIONS AND RESTRICTIONS OF THE HILLSIDE AVE TOWNHOMES:  1. Because there is a common area (see Article 3) covenants should provide for an HOA with 3. Amend the last sentence of 4.6 to read not garbage, construction debris, or livestock debris shall 4. Section 4.9: should be amended to state that abandoned or inoperable vehicles shall NOT be 5. The designated storage area should prohibit outside storage and perhaps parking. 6. Under 4.14 add "The Town of Dolores shall have standing to enforce the provisions of these 8. Add a 4.17 the use, repair and maintenance ofa all individual lots and common areas shall be subject to the ordinances oft the Town of Dolores as amended from time to time and shall control over any provision oft these covenants to the contrary. 9. Without an HOA Article 6 is not going to be workable for an 8-unit complex.  authority to collect dues in order to maintain this area. 2. Section 4.1 should state that the request be made in writing. be permitted to be stored outside or in storage areas.  permitted in the storage area.  covenants."  7. The Term section (4.16) should bei in perpetuity.  10. Article 7s should include flood insurance.    Dolores, Colorado) Est 1900  Discussion and Possible. Action  AGENDA DOCUMENTATION Meeting Date: May 17, 2022  Item  TO: Dolores Planning and Zoning Commission  FROM: David Doudy Building Official  SUJECT: Discussion and possible action item for an application for the Hillside  Avenue Townhomes, a minor subdivision.  PURPOSE AND BACKGROUND at Hillside Avenue and 15th Street.  The owner, Grene LLC and agent, Josh Martin, are: requesting to subdivide this property This is phase two ofthis proposed development that was started in October of 2020. The application for the new development was submitted in November of 2021 and will be subject to the standards and procedures of the Dolores Land Use Code, adopted March This new phase will split the large lot into eight lots, creating a total of eleven lots at this location. Eight new townhomes will be constructed at this location for a total of ten This subdivision will require a Special Exception to allow for reduced setbacks on interior lots due to the common wall between each unit. This Special Exception falls under Article II G. 7c. Minimum rear and Interior Side Setbacks; 6feet oft the In addition, a Variance is being sought to allow for lots less than 2,500 square feet per lot and less than 50-foot lot width. This will fall under. Article. IIG G. 7a a. Minimum lot size (multifamily dwelling - 2500 squarefeet, per unit), d. Minimum Lot width of 50 The Preliminary plat will be reviewed as required in Article VIE.3 3-5 and VIF.2-4of This subdivision will increase the available housing in the town by eight units and is in keeping with thej previous development that is present at this location. Each unit is provided with two (2) off-street parking spaces and there is a common area as required  8, 1998.  townhomes.  former LUC ofthe Town ofDolores.  feet.  the Dolores Land Use Code series 1998  by the LUC.  420 Central Ave, P O. Box 630 Dolores, CO. 81323 Ph. 970-882-7720 fax. 970-882-7466 htps./townotdolores.colorado.gov    Dolores, Colorado) Eat. 1900  FISCALIMPACT subdivision.  There are: no adverse fiscal impacts on the Town ofDolores due to this townhome  RECOMMENDATIONS  Itist the recommendation oft the Interim Town Manager and the Building Official that  the Planning and Zoning Commission, by motion:  1. Approve the Special Exception as submitted in this application. 2. Approve the Variance as submitted in this application following conditions (Municipal Code 13.04.120)  3. Approve the subdivision of this parcel as submitted in this application with the  a. The sewer line in the alley between 15th and 16th street shall be extended to b. Stamped engineered plans for the sewer line extension shall be submitted C. The sewer line shall be installed by a contractor approved by the Building Official who is skilled in the installation of public utilities, licensed and d. The sewer. line shall be installed according to all applicable provisions of the Town ofDolores Municipal Code and Specifications. See attached e. Tracer wire ofai minimum of 10 gauge shall be attached to the sewer line. f. Alli individual service lines, water, sewer, and natural gas shall havea minimum of 10-gauge tracer wire attached to the installed pipe. g. There shall be a manhole installed at the end oft the sewer line following the h. Noi individual sewer service lines shall terminate at the manhole. - There shall be a minimum 30" culvert installed from the alley between 15th and 16th street and 15th street. The culvert shall be continuous from one end to the other. There shall be a minimum of12" ofcover material over the Amendments to the Covenants, Conditions and Restrictions document for k. This plat to replace the previous plat approved November 2, 2020  the west side ofthe property. for approval to the Building Official.  bonded.  construction standard drawings.  attached construction standards drawing.  installed culvert to prevent collapse of the culvert. Hillside Ave Townhome Subdivision attached.  420 Central Ave, PC O Box 630 Dolores, CO. 81323 Ph. 970-882-7720 fax. 970-882-7466 https./townotdolores.colorado.gov    LAND USE APPLICATION FORM  StaffUseOnly Applicationl Number: ReceivedE By: DuviDandy Date:, Noy29Z0z4 Fees Paid: 000 Deposit Paid: N/A  1. Application is made for: (please circle one ofthefollowing)  Zoning Map/Text amendments Annexation Major Subdivision Planned Unit Development Variances L-tctes twiatls Tree Removal Permit Historic Designation  Master Plan. Amendments Replats andj plat amendments Minor Subdivision Temporary Use Permit Appeais  Condominium KSIDC-P-/we  (Special Exception Permit)seHhacks Conditional Usel Permit  Historic Structure Alteration Permit please print or typel legibly  2. Project Name: Hills:e Aveoue lowe henes Suolivisbn 3. Contact information: (a list ofadditional contacts may be attached)  MENAER/Grere LLG,  Ownerl Name: Gene BottAGwaSER  Applicant Name: Gcievinge I Address: 16540 Ra. 28.4 Deleres Telephone: 7395115 Fax: E-mail: Statiainger Cgaailcer  Address: Telephone: E-mail:  Fax:  4. Property Description: Existing Zoning: Proposed Zoning:  Address or Location:Lots 15-23 Block 40, Taylor brslyRobka  Existing Use: Proposed Use:  5. Purpose: (describe intent of this application in 1-2: sentences)  ThidutxhfarsakBvike tle AARTamsass SLDivision, locenkias Lot 1 ofsails suOvisien icto O.a-  neeBe' for lot Szes.  6. Certification: (must be. signed ini blue ink)  Icertify that Iam the lawful owner oft the parcel(s) ofl land affected by this application and hereby consent to this action. Icertify that the information and attachments Ihave. submitted are true and correct to the best of my knowledge. Infiling this application, I am acting with the knowledge and consent oft the property ownerls). Iunderstand that all documents andj fees required. by the Town of Dolores must be submitted, prior to having this application, processed.  Owner:. Hbete  Date: 1-12- 21  AND  Applicant: a2  Date: slafa  Land Use. Application Form 11/06    5/12/22, 12:15PM  Town of Dolores Mail- Fwd: Townhomes Subdivision  Gmail  Ann Swope amnetownoldolores.com  rwd: Townhomes Subdivision David Doudy <david@townotdolores.com> To: Ann Swope am@towpocoores.com  1n message  Thu, Apr 21, 2022 at 10:35 AM  Forwarded message From: Gene Reininger genercennger@ymalcom Date: Wed, Apr 20, 2022,3:58PM Subject: Townhomes Subdivision  To:Josh Martin Punémannoutonescm, David Doudy <david@townoldolores.com>  Hello Josh, David,  ladded a note on Page 1 identifying the entirety of Lot 4 and the porches of each double unit as Limited Common  Elements. Ifl I've missed something, let me know.  Thanks, Gene Reininger, PLS Montelores Surveying and Mapping 16540 Road 28.4, Dolores, CO 81323 (970) 739-5115 generennger@gmai.com PRELIM PLAT 4-20-22b.pdf 4480K  htps./imailgooge.om/malwonk-as02éi11averplsard-arh-alapemmhc-treanA3A17A0P38619080033s98ssmp-magr86160. 1/1    HILLSIDE AVENUE 60ROW    HILLSIDEA AVENUE 60F ROW  3  :        AMENDED AND RESTATED DECLARATION OF COVENANTS,  CONDITIONS AND RESTRICTIONS FOR  Hillside Ave. Townhomes  This Declaration of Covenants and Restrictions (hereafter the Declaration), is made  by GRENE LLC, ("Declarant').  Article 1. Recitals and Definitions  1.1 Declarant is the owner of the real property in Montezuma County, Colorado, described as  follows:  Lots 15-23, Block 40, of the Taylor Brumley Addition to the town of Dolores located in the portion of Southeast Quarter of Section 10, Township 37 North, Range 15 West, N.M.P.M Montezuma County, Colorado  1.2 The Property was previously subject to a Declaration of Covenants and Restrictions for the Colorado Housing, Inc Development, recorded February 2, 2010, at Reception No. 569012,  Montezuma County, Colorado ("Prior Covenants").  1.3 Declarant, being the owner of 100% of the Property, not being subject to any encumbrances of any deed of trust, or any other restriction, hereby revokes the Prior Covenants and replaces them with this Declaration. The Preliminary plat map of the mentioned property was approved November 2, 2020 by the Town of Dolores Planning and Zoning commission. 1.4. Declarant, having established a general plan for the improvement and protection of the Propèrty, and intending to sell, dispose of, or convey from time to time all or a portion of the encumber the Property with this Declaration of Covenants, Conditions and Restrictions for the benefit of the present and future owners of the Townhomes property, Lots within the Property shall be held, sold and conveyed subject to the following covenants, restrictions and easements which shall run with the land and be binding on all parties and heirs, successors and assigns of  parties having any right, title or interest in all or any part of the Property.  1    1.5The Property may also be referred to herein as the Hillside. Ave. Townhomes of Dolores or simply the Townhomes". Each loti int the property may be referred to as a Townhome, Lot, or 1.5 The preliminary plat approved by the Town of Dolores Planning and Zoning Commission on 1.6 Declarant intends that the Property shall be conveyed subject to the restrictions in this Declaration, which shall run with the land and be binding on all parties, heirs, successors and  Unit.  November 2, 2020 is referred to herein as the' "Plat".  assigns.  Article 2. Colorado Common interest Ownership Act Compliance and 2.1 The Townhomes shall be exempt from the provisions of the Colorado Common Interest Ownership Act ("CCIOA") under C.R.S. 38-33.3-1 16(2), as there are less than 20 units. TheTownhomes shall be subject to C.R.S. $$ 38-33.3-105 through 107 as provided by law. 2.3 This Declaration may be revoked, amended, or replaced upon a vote of at least 60 percent of the interests in the Townhomes, one vote per lot. In the event of multiple owners of one lot wwho disagree on said vote, the lot shall not be counted in either the numerator or divisor in  Association.  2.2 There shall be no. Association for the Townhomes.  computing thej percentage vote. Article 3. Common Elements  There is al limited common element set aside for storage on the Plat. This area is designated for storage use and each owner will have access to a 10' x 10' area for storage purposes only.  Article 4. Restrictive Covenants.  4.1.Land Use Building Type, and Architectural Control. Townhome units will be used only for single family residential purposes. Each unit will be attached to an adjacent unit by a party wall. The unit shall be constructed within the envelope depicted on the Plat. The minimum construction size shall be 1050 square feet of heated living area, and the maximum shall be 1400 square feet. These measurements are exclusive of a garage. Townhome exterior colors shall be of ai neutral color substantially similar toi those of already-constructed Townhomes. Adjacent roofs that are shared by more than one unit shall be of the same coler and material. All utilities to the unit shall be installed underground or concealed in a discrete manner. No building, fence, wall, canopy, awning, balcony, structure or improvement shall be commenced, erected, altered, moved or changed or altered, until the  2    plans and specifications showing the nature, kind, shape, height materials, location and çolor of the same have been submitted to, and approved in writing by the other Lot owners. The construction shall achieve harmony of external design and location in relation to surrounding structures and topography, This restriction is for the mutual benefit of all owners. Such approyal shall not be unreasonably withheld. Approval of 60% oft the Lot owners shall be required. The owners shall approve or disapprove all requests within thirty days after submission. In the event any owner fails to approve or disapprove such plans and requests within thirty days, such owner  shall be deemed to have approved the request.  4.2. Outbuildings.  Only one 10x10 shed or storage facility can be erected oni the owners property or in the designated storage area. No shipping containers or' "Zircons" are allowed.  4.3 Easements  Owners of the Units may not obstruct any easement depicted on the Plat, including parking vehicles or placement of personal property int the access easement. There shall be an easement encumbering every Lot, fort the benefit of all other Lots, outside the building envelope, foru underground utilities. There shall also be an easement on the exterior of every unit, encumbering such unit, for the benefit of all other units, for placement of wires, cables, pipes andi the like for delivering of such utilities. The 18' access easement and utility easement shall be considered to be owned int tenancy in common among all owners. An equal percentage of the access easement attributable to each Lot. Such interest shall be conveyed along with a conveyance of al Lot, regardless of whether such interest is described in the conveyance instrument, and such interest may not be conveyed separately without a conveyance of a Lot.  4.4 Fencing & Signage  Noi fencing of any kind is allowed except for backyard privacy fencing, separating Lots from one another, or separating Lots from sidewalks. Side fencing can be extended to the front oft the unit upon approval of 60% of Lot Owners. No fencing can be erected ini the front yard. Fences shall be kept in good repair, stained a dark brown color that substantially matches, or isi in harmony with the colors of other fencing, and shall be re-stained periodically' to prevent weathering. Damaged boards or graffiti or vandalism shall be repaired within a reasonable time. Signage is prohibited except political signage, "for sale" or "for rent" signs, and other signage  permitted by law.  3    4.5 Commercial Uses  No commercial usage is allowed, except that a resident may coriduct business solely within a residence provided that no employee or independent contractor of such business shall conduct any work at such residence. The purpose of this section is to prevent establishment of a business that generates unreasonable traffic noise, parking, or other impacts associated with  commercial uses.  4.6 Maintenance & Landscaping  Each Owner shall maintain and keep in good repair his or her lot and any structures or buildings thereon, including fixtures, driveways, and yard areas included within the perimeter of the lot. No excessive garbage, construction debris, or livestock debris sha!l be permitted.  4.7 Snow Removal & Gravel  Each Lot shall be shoveled and plowed to allow reasonable access tot the Townhomes by pedestrians and vehicles not requiring four wheel drive, and the gravel in the access easement shall be kept in good repair. All driveways and sidewalks shall be kept clear of ice and snow. The cost of plowing the central access easement shall be shared equally by all owners of Lots upon which a Townhome is constructed. On October 1 of every year, one Lot owner shall be designated by the owners as the coordinator for snow removal services for the winter and gravel replacement or grading for the subsequent spring and summer. If no designation occurs, al Lot owner may volunteer. Each Lot owner upon which a structure is built sha!! contribute $200, or such other amount as may be agreed to or necessary. The coordinator shall collect such funds and contract for such services If the owners should fail to contribute, the other owners shall  have the remedies described in Article 6. 4.8 Trash; Nuisances; Noxious Weeds  No owner of any unit may do or permit to be done any act which is or may become a nuisance to others. All non-toxic trash and garbage shall be disposed of through the use of trash containers maintained by each unit owner. Trash, including leaves or branches, shall be placed or stored ont the drive or parking spaces allocated to a unit except on designated trash pick-up days and for the purpose of removal. Unit owners shall keep their loti free from noxious weeds by mechanical means or spraying to prevent their growth and propagation within the property,  All toxic waste shall be appropriately disposed of off-site.  4    4.9 Automobile Storage  Abandoned or inoperable automobiles or vehicles of any kind, or sizeable parts thereof, shall not be stored or parked on any portion of the Property. "Abandoned ori inoperable vehicle" sha!l be defined as any vehicle which does not have a current valid registration andlor cannot be operated under its own power. Vehicle includes campers, trailers, mobile homes and motorcycles. Vehicles shall bei in good repair and not leak fluids. All parking shall be in the provided parking spaces for each Lot. No parking shall be permitted in the access easement. Parking is limited to 48 hours for loading or unloading purposes only for motorhomes, trailers or recreational vehicles. The cost for removal, towing, cleaning of leakage, or other remedies shall be charged toi the responsible unit owner whether or not the unit owner is the actual owner of  the vehicle.  4.10 Fire and Safety  Obstruction of drive aisles, walkways, passageways, or areas is not allowed if sO doing would impair access for firefighting or prevention purposes. All townhomes must have working smoke detectors in each bedroom, living room and kitchen. No outside fires allowed other than barbecues or enclosed, manufactured off the ground fire pits, shall be permitted. Any hot residue from barbecues and all cigarettes should be completely extinguished and disposed ofin proper containers. No flammable oils, fluid or materials shall. be stored in any Lot.  4.11 Noise  Loud music or noise is prohibited, particularly between 10:00pm and 8:00am. Social gatherings must be confined to the Unit and terminated if neighbors are disturbed Gatherings may not be held in parking areas or on roadways. No parties where admission is charged are allowed. Stereos, televisions, and other media must not be audible outside the unit. No public profanity.  4.12 Water and Sewer  Each owner shall be responsible for paying fori their own water and sewer service from the  Town of Dolores.  5    4.13 Animals  There shall be no more than two dogs or two cats, and no combination of dogs and cats exceeding three in any one Townhome. Alt pets shatt be kepti in such a manner that witt not disturb other Unit owners and they shall not be permitted to run free onto other units or chase or  disturb wildlife, or cause excessive noise.  4.14 Disputes  Int the event a dispute shall arise between the parties under the terms of this agreement, the parties may utilize any lawful means of resolving their dispute, including mediation arbitration, or al lawsuit in County Court. An owner of al Lot OF several. owners of al Lot may be plaintiffs or named defendants. A prevailing party in such al lawsuit shall be entitled to damages, injunctive  relief, costs and attorney fees. 4.15 Leases  An owner who leases a Townhome is required to do so in a written lease that states that the terms of the lease are subject to the provisions of this Declaration, and any failure by the lessee  to comply with this Declarations is a default.  4.16 Term  These covenants shall be effective for twenty years from the date of execution, and if  unmodified they extend for another ten year term.  Article 5. Party Walls.  Al Party Wall shall mean any wall which is part of the Townhome and located between two or more townhomes and is placed on or immediately adjacent to a Townhome lot line and which  separates two Townhomes.  Mutual reciprocal easements are hereby established and granted for all Party Walls between Townhome lots, which easements shall be for mutual support. All conveyances of a Townhome Lot shall be deemed to convey the rights and benefits of such easement, and tol be subject to such easement, whether such easement is described ini the conveyance instrument.  6    The cost of reasonable repair and maintenance of any Party Wall, or replacement after being destroyed or damaged by fire or other casualty, shall be shared equally among the owners of the Townhomes sharing the Party Wall. If the owner of a Townhome sharing the Party Wall refuses to pay his proportionate share of the cost of repair, maintenance or replacement, the ether Owner may 6ause the Party Wall to be repaired and may seek reimbursement of the eost  from the non-paying owner.  An owner who by his negligence or willful act of omission, causes the party wall to be damaged,  shall bear the entire cost of the repaif.  The right of an owner to seek contribution against another owner for the party wall repairs or replacement, shall be considered appurtenant toi the land, and shall pass to such owner's  successors int title.  Article 6. Reimbursement of Costs, Liens & Covenant Enforcement The cost of goods and services that benefit more than one Townhome shall be shared equally by the owners oft the benefitted Townhomes. Such goods and services include, but are not limited to, painting, Snow removal, maintenance of the common 18' access easement, garbage collection, party wall maintenance, landscaping, and roof repair. If an owner of a benefitted lot fails to perform tasks required by these covenants, another owner may perform the tasks or cause them to be performed, and seek reimbursement from the owner that failed to perform a task. If an ewnef refuses to pay his proportionate share of the reasenable cost, the ewners who  pay must seek reimbursement of the costs from the non-paying owners.  Unreimbursed costs shall be and remain a lien against the lots of the non-paying owners until fully paie, and the unreimbursed amount shall aeerue interest at the fate ef 8% per annum, compounded yearly. A notice of such lien may be recorded. Said lien may bej judicially foreclosed, and no homestead exemption may be claimed with respect to the lien. Additionally, unreimbursed owners shall have a cause of action against the non-paying owners, and the prevailing parties shall be entitled to damages, injunctive relief, costs and attorney fees.  Any lien notifications recorded pursuant to this declaration shall contain the name of the parties claiming the lien, the names of the owners of the property upon which the lien is claimed, the reason for thel lien, a description of the property against which the lieni is claimed, and the amount oft the lien, and a reference tot this declaration, including reception number. A copy of a lien statement Fnust be served OR the ownef of the property by certified mail, return receipt  7    requested, to his or her last known address or by personal service, at least 20 days prior to  recording thel lien.  Article 7.1 Insurance  All owners shall be responsible fori insuring for liability and property damage for the individual  lots and improvements.  All insurance policies shall afford protection against risks and customarily covered with respect to projects similar in construction, location, and use. Such policies shall contain a clause in favor of each first mortgagee and a provision that such policy cannot be canceled or altered by either insured or the insurance company without 10 days prior written notice thereof given to an  adjacent owner.  8        TOWN OF DOLORES PLANNING AND ZONING COMMISSION PUBLICI HEARING FOR ASPECIAL EXCEPTION PERMIT AND' VARIANCE PERMIT AND PRELIMINARY PLATI FOR HILLSIDE AVENUE TOWNHOME SUBDIVISION  NOW, THEREFORE, BE IT KNOWN, that notice is hereby given ofa Public Hearing before the Dolores Planning Commission on Tuesday May 17, 2022 at 6:30P.M. at the Dolores Town Hall, 420 Central Or by the zoom link provided on the Government/ Planning and Zoning page on the town website: The purpose for the hearing is to consider an application for a Special Exception Permit and Variance Permit submitted by Grene LLC, 1240 Hinson St, Las Vegas, NV. 89102 (970)739-0833 for a proposed Townhome Subdivision development. The purpose of the Special Exception permit is to allow a non- conforming setback as required in the Dolores Land Use Code Article III G.7c. Minimum rear and Interior. Side Setbacks; 6j feet, because of dividing the property into 8 parcels that will be attached with The purpose of the Variance permit is to allow for non-complying lot size and lot width that will not be met as required in Article II G. 7a. Minimum lot size multifamily dwelling = 2500 square feet per unit), d. Minimum Lot width of 50 feet because of dividing the property into 8 parcels. If unable to attend comments shall be made in writing to; Town of Dolores, P O Box 630, Dolores CO. 81323 or 420 The preliminary plat must be reviewed by the Planning and Zoning commission at a public hearing as per You may be invited to comment during the public hearing. Otherwise be prepared to Or: mail written comments and send them to Tammy Neely P o Box 630 Dolores, CO.  Avenue, Dolores CO. 81323. ttos/townofdolores.colorado.gov,  partywalls for each pair oft town homes.  Central Ave. Dolores CO. 81323.  Preliminary Plats, Article VIE4.b(1) (Dolores Land Use Code. Adopted. 1998). email written comments to Tammy@townofdolores.com 81323 The deadline for written comments is May 11, 2022  Done this 29th day of April 2022  Publication Department: please publish this notice in The-Journal on Wednesday May 4, 2022. Send the  Bill to Town of Dolores P O Box 630 Dolores, CO. 81323  Tammy Neely, Dolores Town Clerk    Private Legals 6569 TOWN OF DOLORES PLANNING AND ZONING COMMISSION PUBLIC HEARING FOR ASPECIALI EXCEPTION PERMIT ANDI VARIANCE PERMIT ANDI PRELIMINARY PLAT FORHILLSIDE AVENUE TOWNHOME SUBDMISION NOW, THEREFORE, BEIT KNOWN, that notice Is! hereby given ofa al Publicl Hearing before thel Dolores Planning Commission on1 Tuesday May 17,2022 at6 6:30 P. M. att the Dolores Town! Hall, 420 CentralA Avenue, Dolores CO. 81323. Orb by thez zoom link provided on the Govemment Planning and Zoning page on the town website: pspansesauasSINse gov The purpose for the hearing is to consider an application for a Speclal Exception Permit and Variance Permit submitted by Grene LLC, 1240 Hinson St, Las Vegas, NV. 89102 (970)739-0833 for a proposed Townhome Subdivision: development. The purpose of the Special Exception permit is to allow a non-conforming setback as required in the Dolores Land Use Code Article I G.7c. Minimum rear and Interior. Side Setbacks; 6 feet, because of dividing the property into 8 parcels thaty will be attached with party walls fore each pair oft town homes. The purpose of the Variance permit is to allow for non- complying lot size and lot width that will not be met as required in Artiçle MI G.7a. Minlmum lot size (multfamily dwelling 2500 square feet per unit), d. Minimum Lot width of 50 feet because of dividing the property into 8 parcels. If unable to attend comments shal! be made in writing to; Town of Dolores, P o Box 630, Dolores CO. 81323 or 420 Central Ave. Dolores CO. 81323. The preliminary plat must be reviewed by the Planning and Zoning commission at a public hearing as per. Preliminary Plats, Article V E 4.b(1) (Dolores Land Use Code Adopted 1998). You may be Invited to comment during the public hearing. Otherwise be prepared to email written comments to Tammy@ townotdolores.com Or: mall written comments and send them to Tammy    5/3/22, 12:27PM  Town of Dolores Mail- FW: multi-family residential development  Gmail  Ann Swope annetownoloores.com  W: multi-family residential development ava@towpotolcres.com Gad@ompocoorescom To: Ann Swope amn@townolcoores.om  1message  Tue, May 3, 2022 at 12:21 PM  For the record  From: Blincoe, Reece rblincoe@dolores.k12.co.uS) Sent: Tuesday, May 3, 202210:58A AM Subject: multi-family residential development  To: Gavo@ownolcorescom: Kenneth Charles manager@townordolores.com>  David and Ken,  We have received and reviewed the plans for eight additional dwellings at 15th street and Hillside. We do not object to  this proposal.  Thank youi fori the information, Reece Blincoe Superintendent  htps./mailgooge.omainwp7A-p3q2eiilawewrphsearcharchalspemiho-iveadnk86P3A7318303829823/9samp-magr7318303363.. 1/1    5/12/22, 12:13PM  Town of Dolores Mail- FW: 15ths street housing  Gmail  Ann Swope amnetownoleolores.om  FW: 15th street housing  1message  Gavo@towmoldolorescon Gevd@lompocorescom To: Ann Swope amnelownocoores.om Comments from Randy  Thu, Apr 28, 2022 at 10:50 AM  From: Randy Mcguire any@omnacoprescom Sent: Thursday, April 28,202210:28/ AM To: David Doudy Dawi@ownacoorescom Subject: 15th street housing  The proposed housing project at hillside and 15th street would require a minimum 36" culvert on hillside ave from the  alley between 15th and 16th west to 15th street.This would need to be a continuous pipe.  htpsalimailgoogle.com/aluona-330286i18verplsarhachalapemahd-hnean3A17313760042U7254simp-magna9-43A17313716064. 1/1    Article' VI: Administration and Procedure  R. Special Exceptions.  1. Purpose. Special exceptions are deviations from otherwise applicable operational performance standards; compatibility standards; setback standards; fence standards; design standards; sign standards, limited tol historic replica signs only; and road design standards; where development is proposed that would be (1) compatible with surrounding land uses, (2) inl keeping with the public interest and (3) consistent with the purposes oft this Code. 2. Authority. The Planning and Zoning Commission in accordance with the procedures, standards and limitations oft this section, shall approve, approve with conditions or disapprove an application for a Special Exception Permit after receiving a recommendation from the a. Board ofTrustees Approval ofSpecial Exceptions. Alternatively and in conjunction with the review of subdivision applications, the Board ofTrustees shall be authorized to grant special exceptions subject to the requirements of this Article VI.R.4.  Zoning Administrator.  3. Procedure.  a. Submittal requirements. The Applicant shall file three (3) copies of an application requesting a Special Exception. The application shall be submitted at least 30 days prior to any desired agenda date, and shall be accompanied by or show the following: (1) The street address and legal description oft the property affected;  (2) A scaled site plan and any and all other information necessary to clearly demonstrate eligibility for the requested Special Exception based upon the required findings in (3) A filing fee to cover the cost of review in accordance with the fee schedule adopted  Article VI.R.4. below; and by resolution of the Town Board,    Article' VI: Administration and Procedure  b. Notification requirements.  (1) The Town shall cause notice oft the public hearing of the Planning Commission tol be given by one publication in ai newspaper of general circulation in the Town of] Dolores. Such notice shall state the time and place ofs such hearing and the nature oft the subject tol be considered, which time shall not be earlier (2) The. Applicant shall mail written notice of public hearing before the Board of Trustees, after obtaining a copy ofthe notice from the Town Staff, to all owners ofreal property lying within 200: feet oft the property on which the change is requested. The notice shall be given not less than 15 days before the date set for hearing by depositing in the mail such notice properly addressed and postage paid to each such owner as the ownership appears on the last approved County tax roll. Applicants shall provide proof of mailing ofi notice to the Town prior to the public meeting orl hearing that is the subject of the Public Hearing. The Commission shall hold aj public hearing on an application for a Special Exception Permit. At the public hearing the Commission shall consider the application, the staffi report, the relevant support materials and the public testimony given at the pubic hearing. After the close ofthe public hearing, the Commission shall vote to approve, approve with conditions or disapprove the application for a Special Exception Permit pursuant to the requirements of Article d. Notice ofDecision. The Zoning Administrator shall provide a copy oft the decision to the applicant by mail within 10 days oft the Commission's decision.  than 15 days from the date of publication.  mailing ofa ai notice.  VI.R.4., below.  4. Required findings.  a. That granting the special exception will ensure the same general level ofland use b. That granting the special exception will not materially and adversely affect adjacent land uses and the physical character of uses ini the immediate vicinity oft the proposed development because ofinadequate buffering, screening, setbacks and (1) Special exceptions for setbacks shall be granted only where the standard separation between buildings in the district that normally results from the required setbacks is maintained and guaranteed by easement on the adjacent (2) Special exceptions for historic: replica signs shall be granted subject to the (a) A historic replica sign shall bel located on a structure or in a district that has been historically designated pursuant to. Art VI.S oft this Code. (b) Applications for al historic replica sign will be supported by documentation evidencing the historic style, format and location oft the sign to be  compatibility as the otherwise applicable standards;  other land use considerations;  property; following:  replicated;    Article VI: Administration and Procedure  (c) Al historic replica sign shall replicate the style and format ofal historic sign, but need not employ the same words, phrases or symbols; and (d) The Planning Commission or Town Board must find that the proposed historic replica sign contributes positively to the historic redevelopment of  the Town.  C. That granting the special exception will not adversely affect property values in any d. That granting the special exception will be generally consistent with the purposes 5. Conditions. The Commission may impose such conditions on a Special Exception Permit as are necessary to accomplish the purposes of this Zoning Ordinance, toj prevent or minimize adverse impacts upon the public and neighborhoods and to ensure compatibility. These conditions may include but are not limited to limitations on size, bulk and location; standards for landscaping, buffering and screening, lighting and adequate ingress and egress; cash deposits, bonds and other guarantees of deposit; other on-site improvements; and limitations on the duration of the permit or hours of  material way; and  for this Code that are listed in Article I.E.  operation.  6. Effect of Special Exception Permit  a. General. Issuance of a Special Exception Permit shall authorize only the particular variation, which is approved in the Special Exception Permit. A Special Exception 0. Time Limit. Unless otherwise specified in the Special Exception Permit, an application to commence construction oft the improvements that were the subject of the Special Exception Permit request must be applied for and approved within 12 months oft the date of the approval oft the Special Exception Permit, otherwise the Special Exception Permit shall automatically become null and void. Permitted time frames do not change with successive owners. Upon written request, only one extension of the 12-month time frame may be granted by the Commission fora  Permit shall run with the land.  period not to exceed 12 months for good cause shown.    P. Variances  1. Purpose. Variances are deviations or modifications ofheight, yard, area, lot coverage and parking regulations of the applicable zone district where development is proposed that would not be contrary to the public interest and, due to special physical site conditions, al literal enforcement of the provisions of this Code would result in unnecessary hardship. Variance or modification of such area regulations may be permitted as may be necessary to secure appropriate development ofa parcel ofland that differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification. 2. Authority. The Board of Adjustment, in accordance with the procedures, standards and limitations oft this section, shall approve, approve with conditions or disapprove an application for a Variance Permit after receiving a recommendation from the Zoning a. Board of Trustees Approval of Variances. Alternatively and in conjunction with the review of subdivision applications, the Board ofTrustees shall be authorized to  Administrator.  grant variances subject to the requirements of this Article VIQ.  3. Procedure.  a. Submittal requirements. The Applicant shall file three (3) copies of an application requesting a Variance. The application shall be submitted at least 30 days prior to any desired agenda date, and shall be accompanied by or show the following: (1) The street address and legal description of the property affected; (2) As site plan and any and all other information necessary to clearly demonstrate eligibility for the requested Variance based upon the required findings in (3) A filing fee to cover the cost ofreview in accordance with the fee schedule  Article VIQ.4. below; and  adopted by resolution of the Town Board.  b. Notification requirements.  (1) The Town shall cause notice oft the public hearing oft the Board of Adjustment tol be given by one (1) publication in a newspaper of general circulation in the Town of Dolores. Such notice shall state the time and place ofs such hearing and the nature of the subject tol be considered, which time shall not be earlier (2) The. Applicant shall mail written notice of public hearing before the Board of Adjustment, after obtaining a copy oft the notice from the Town Staff, to all owners ofr real property lying within 200 feet oft the property on which the change is requested. The notice shall be given not less than 15 days before the date set for hearing by depositing in the mail such notice properly addressed and postage paid to each such owner as the ownership appears on the last  than 15 days from the date of publication.    approved County tax roll. Applicants shall provide proof oft mailing oft notice to the Town prior to the public meeting orl hearing that is the subject ofthe  mailing ofa ai notice.  :. Public Hearing. The Board of Adjustment shall hold a public hearing on an application for a Variance Permit. Att the public hearing the Board shall consider the application, the staffi report, the relevant support materials and the public testimony given at the pubic hearing. After the close of the public hearing, the Commission shall vote to approve, approve with conditions or disapprove the application for a Variance, in accordance with the required findings of Article d. Notice ofDecision. The Zoning Administrator shall provide a copy oft the decision 4. Required findings. In exercising its power to grant a Variance in accordance with this Code, the Board of Adjustment shall make finding and show in its minutes that: a. There are special circumstances existing on thej property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and zone district; b. That a Variance is necessary to permit the Applicant the same rights ini the use of this property that are presently enjoyed under this Code, by other properties in the vicinity and zone, but which rights are denied to the subject property; That the granting of the Variance on the specific property will not adversely affect the land use pattern as outlined by the Future Land Use Plan and will not adversely affect any other feature oft the Comprehensive Plan oft the Town of] Dolores; d. That the Variance, ifg granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity; That such unnecessary hardship has not been created by the Applicant; and That the proposed use is aj permitted use in the underlying zone district. 5. Conditions. The Zoning Administrator may recommend, and the Commission may impose, such conditions on a Variance Permit as are: necessary to accomplish the purposes of this Zoning Ordinance, to prevent or minimize adverse impacts upon the public and neighborhoods and to ensure compatibility. These conditions may include but are not limited to limitations on size, bulk and location; standards for landscaping, buffering and screening, lighting and adequate ingress and egress; cash deposits, bonds and other guarantees of deposit; other on-site improvements; and limitations on the  VI.R.4.  tot the applicant by mail within 10 days of the Board's decision.  duration oft the permit or hours of operation.  6. EffectofVariance Permit  a. General. Issuance ofa Variance Permit shall authorize only the particular variation, which is approved in the Variance Permit. A Variance Permit shall run b. Time Limit Unless otherwise specified in the Variance Permit, an application to commence construction of the improvements that were the subject oft the Variance Permit request must be applied for and approved within 12 months of the date of  with the land.    the approval of the Variance Permit, otherwise the Variance Permit shall automatically become null and void. Permitted time frames do not change with successive owners. Upon written request, only one extension of the 12-month time frame may be granted by the Commission for a period not to exceed 12 months for  good cause shown.    Article' Vi: Administration and Procedure  M. Condominium Subdvision/Townhonse Subdivision  1. General. This section provides review procedures, submittal requirements and standards for review to ensure that the creation or conversion of condominium subdivisions will comply with the Uniform Building Code as amended by the Town ofl Dolores and other provisions ofthis 2. Pre-application conference. Prior to the filing of a condominium subdivision/fownhouse subdivision or conversion application, the Applicant shall meet with the Zoning Administrator or his or her designated agent to acquaint himself or herself with the requirements oft the Town. 3. Submittal requirements. The Applicant shall file six (6) copies of an application requesting approval of a condominium subdivision and ofat title certificate from a licensed title company or attorney listing the name oft the property owner(s) and all liens, easements and judgments of record affecting the subject property. The application shall be submitted at least 30 days prior to any desired agenda date and shall be accompanied by or show the following information. a. The application shall be accompanied by six (6) copies ofa preliminary condominium  Code.  plat/map showing:  () Name and heading. The exact name of condominium subdivision shall be placed on the plat. The heading of the final condominium plat shall include the complete name ofthe condominium subdivision, the land sections, township, range, principal meridian, "Town of Dolores, Montezuma County, Colorado". (ii) Scale, arrow & date. The written and graphic scale, north arrow and date of (ii) Location. The location oft the condominium subdivision by reference to streets, lots (iv) Lot and property lines. The lot lines and property lines to the hundredth (1/100) foot (v) Zoning and densities. The zoning and existing densities on adjacent properties shall (vi) Parking and trash. The required parking spaces and the joint trash collection areas  preparation shall be placed on the plat. and blocks shall be placed on the plat; shall bej placed on the plat; be placed on the plat. shall be identified on the plat.  (vii)Separate. common and limited common elements.  (1) Floor plans, elevations and site plan shall be included as required to show separate ownership ofa all separate units, common elements and limited common elements labeled as such and numbered for ease ofi identification [all dimensions shall be to the nearest hundredth (1/100) of a foot, or other scale specified by the Zoning (2) Number, type and floor area of units, common elements and limited elements, delineated in square feet and fractions thereof; proposed use for each unit; land area; percentage of open space; and lot coverage shall be shown.  Administrator); and  (viii) Statement of the number of units. A statement of the total number of units shall  be shown on the proposed plat.  b. The application shall be accompanied by six (6) copies of the following:    Article VI: Administration and Procedure  1) Comdomintum/lownhouse declarations Condominium declarations shall be submitted establishing a unit owners' association that shall be responsible for the maintenance of common elements and limited elements and in accordance with the requirements of Article VLI, Mandatory homeowners' association. The Comdomntum/lowahouse declarations shall incorporate clear provisions for giving notice by third parties to the unit owners association or corporation on behalf oft the unit owners and any development or special declarant rights issued to the declarant.  (ii) Articles of] Incorporation C.R.S. 38-33-106, as amended.  (ini)! Bylaws. Bylaws oft the unit owner's association or corporation, unless exempt under Traffic mitigation plan. A traffic mitigation plan, ift the Comdomntuylownhouse Subdivision will increase the total number of dwelling units on the parcel or lot, may be  required by the Planning Commission.  In addition to the above submittal requirements, the following statements shall be required on the d. Legal description. A legal description oft the subject property shall be required on the final e. Surveyor's certificate. A surveyor's.certificate, in the following form, shall be placed on I( (printed name ofLand Surveyor) being a Registered Land Surveyor in the State of Colorado, do hereby certify that this plat and survey of (NAME OF CONDOMINIUM SUBDIVISION/TOWNHOUSE SUBDIVISION IN CAPITAL LETTERS) was made by me and under: my supervision and that both are accurate to the best ofmy knowledge. Ifurther certify that monuments and markers were set as required by the applicable provisions of Dedication certificate. The property owner's certificate or deed ofdedication shall be placed on the final plat. The dedication deed or certificate of dedication shall be executed by all persons, firms or corporations owning an interesti in the property subdivided and platted and shall be acknowledged in the manner prescribed by the laws for the State of Colorado for conveyances oft real property. In the case ofs surface lien holders, they may execute a subordination agreement subordinating their liens to all public streets, alleys, parks, school sites and any other public areas shown on the plat ofs such subdivision as being set aside for public uses and purposes. The dedication deed or certificate of dedication shall, in addition to the above requirements, contain the following:  final condominium plat:  plat. the final plat:  Articles 50 and 51 ofTitle 38, C.R.S.  (i) An accurate description oft the tract ofl land subdivided.  (ii) As statement and express representation that the parties joining in such dedication are (iii). An express dedication without reservation to the public for public use; the streets, alleys, rights-of-way, school site and any other public areas shown on the attached  the sole owners of such tract ofl land.  plat.    Article' VI: Administration and Procedure  (iv) Aj positive reference and identification of the plat ofs such subdivision date of plat and Treasurer's certificate. Tax certificates indicating that all taxes on the land being subdivided have been paid to the current year shall be submitted with the final plat. h. Approval certification. Certification of approval by the Planning Commission and Town  engineer.  Board, in the following form, shall be placed on the final plat.  APPROVED this Dolores, Colorado. Chairman APPROVED this Colorado. Mayor Town Clerk  day of day of  20_ 20_  by the Planning Commission of the Town of by the Town Board of the Town of Dolores,  Filing fees. A filing fees to cover the cost ofreview shall be submitted with the preliminary, final, and as-built Condominium Subdivision application in accordance with In addition to the above submittal requirements, after final plat approval and prior to the issuance of a certificate(s) ofoccupancy the applicant shall submit three (3) copies ofa an As-built plats. As built plats shall include all information required in Article VI.M.3.a.(i.- ) The title "As-Built Plat" shall appear at the top, with "Final Plat (prior reception (ii) The location shall be indicated for all completed improvements, such as buildings,  the fee schedule adopted by resolution oft the Town Board.  as-built plat, showing:  vilii.), above, with the following exceptions:  number) Amendment" directly underneath. parking, easements, service lines and: mains. (iii) The Planning Commission certificate block shall be omitted.    Article Vi: Administration and Procedure  4. Application review procedures for preliminary and final condominium subdivision plats. a. The procedures and standards for review and approval ofa condominium subdivision shall the same as that specified for other subdivisions in Article VI.E.3. b. Condominium/Townhouse conversion shall bei reviewed as ai minor subdivision regardless of the number of units proposed for conversion [see Article VI.L.2. through 5.  through 5. and Article VI.F.2. through 4.  forj procedures; and Article IV: for subdivision standards].  C. Any subsequent change in the approved use(s) for a condominium subdivsion/fownhouse subdivision shall be subject to the same: review procedures as d. Notwithstanding anything in this Code to the contrary, noi requirement for public improvements, dedication of land toj public use or cash-in-lieu, or other subdivision requirement shall be imposed as a condition of approval for a condominium subdivision or common interest community which would not be imposed upon aj physically-identical development under a different form ofo ownership. This provision shall not be construed toj prevent the Town from imposing the review requirements oft this Code upon any change ofuse, expansion of use, increase ini intensity of use, or other change in a condominium or common interest community unrelated to its form of ownership. 5. Application review procedures for as-built condominium subdivision plats. The Zoning Administrator shall review as-built plats within 15 days oft the submittal oft the plat. Ifthe Zoning Administrator is satisfied that the proper dedications have been made and that the plat accurately depicts the completion ofthe improvements in a manner that is substantially consistent with the approved final plat, the Zoning Administrator shall present the as-built plat to the Mayor for signature and shall cause the as-built plat and other appropriate documents to be filed of record by the developer 6. Standards for Review of Condominium Sabdivisons/omphoise Subdivision. a. Condominium subdivsionsyTownnouse subdivision shall comply with the review standards applied to other subdivisions in Article IV., Subdivision standards and Article VII, Mandatory homeowners' associations oft this Code. b. Condominium subdivisions shall comply with the following supplemental review  would be applied to a new condominium subdivision.  in the plat records of Montezuma County.  standards:  (i) the density oft the development as proposed for condominium subdivision shall not be greater than the maximum density as allowed by the underlying zone (ii) ifthe Condominium Subdivision will increase the total number of dwelling units on the parcel or lot, the traffic impacts of the proposed condominium subdivision shall be evaluated and any impacts to the neighborhood must be  district;  mitigated; and    Article Vi: Administration and Procedure  (iii) each individual condominium unit shall have separate utility service, including C. As-built plats shall accurately depict the location ofa all completed improvements, and such improvements shall be substantially consistent with the improvements  individual meters and shut-offvalves.  shown on the approved final plat.  7. Additional Standards for Review of Comdominlum/owalouse Conversions. In addition to complying with the review standards applied to other subdivisions and condominium subdivsionsfownhouse sub-division by this Code, condominium a. Prior to the submission ofal Preliminary Plat that would convert an existing multi- unit development to condominium units, the owner ofs such property shall meet with the Zoning Administrator regarding the proposed conversion and shall demonstrate that the following provisions have been met. (i) The structure subject to the proposed condominumtowntouse conversion shall meet current off-street parking requirements for the underlying zone district found in Article V.B., Parking and access oft this Code. Each residential condominium unit shall be considered a separate dwelling unit for (ii) A minimum one (1) hour fire wall may bei required between units asa condition ofTown approval of any condominumprownrouse plat involving a  conversions shall comply with the following standards:  purposes of determining parking compliance.  condominium conversion.  b. Owners of properties proposed for condominium conversion shall notify all residential tenants in writing oft the conversion at least ninety (90) days prior to termination of any residential tenancy in accordance with C.R.S.38-33-112, as amended. Copies of such notification shall be filed with the Town Clerk as proof  ofnotification.    Article Vi: Administration and Procedure  Preliminary Plats  1. Pre-application conference. Prior to the filing of a preliminary plat, the sub-divider shall meet with the Zoning Administrator or his or her designated agent to acquaint himselfor herself with the requirements of the Town and the relationship oft the proposed subdivision to the Comprehensive Plan. At such meeting, the application contents, referral agencies, review procedures, density standards, use and area standards, street requirements, utility service and the general character oft the development may be discussed. At the pre-application conference, a. Optional pre-application conference with planning commission. At the applicant's option, aj pre-application conference may be held with the Planning Commission. 2. Submittal requirements. The sub-divider or owner shall file six (6) copies of an application requesting preliminary plat approval, a title certificate from a licensed title company or attorney listing the name ofthe property owner(s) and all liens, easements and judgments of record affecting the subject property, and oft the preliminary plat. The application be submitted at least 30 days prior to any desired agenda date, and shall be accompanied by or show the following a. Boundary lines and bearings. Boundary lines, bearings, and distances sufficient to locate the exact areaj proposed for subdivision. Atl least one (1) subdivision corner shall be referenced to a survey (abstract) corner. The area, in acres, oft the subdivision shall also be b. Adjacent subdivisions. The name and location of aj portion of adjoining subdivisions shall be drawn to the same scale and shown in dotted lines adjacent to the tract proposed for subdivisions in sufficient detail to show actually the existing streets and alleys and other features that may influence the layout and development oft the proposed subdivisions. Where adjacent land is not subdivided, the name oft the owner of the adjacent tract shall be C. Intersectimgstreels The angle of intersection oft the centerline ofall intersecting streets. d. Proposed streets, alleys and easements. The: names, location and widths of all streets, alleys and easements proposed for the subdivision, and all known rights-of-way and/or e. Proposed blocks, lots and parks. The subdivision shall show all proposed streets and alleys, f. Contours. Topographic contours at: five (5) foot intervals and all easements or right-of-way g. Subdivision title and planner The title under which the proposed subdivision is tol be recorded, the name oft the owner and the name oft the engineer or land planner who prepared h. Dedicated parks, playgrounds and other public uses. Sites, ifany, to be: reserved or i. Scale,north point. Scale, north point, date and other pertinent data. The scale oft the  al land planner, engineer or surveyor: may represent the sub-divider.  information:  shown.  shown.  easements within or affecting the area to be subdivided. easements, blocks, lots, parks, etc., with principal dimensions. necessary for drainage within or without the boundaries of the addition.  the plat.  dedicated for parks, playgrounds or other public uses. preliminary plat may be at one (1) inch equals 20: feet.  Land use code Town of Dolores Page 1  Adopted: [March 9, 1998] Amended: (August 9, 2008, June 18,2012)    Article' Vi: Administration and Procedure  j. Name, address and telephone number. Property owner'si name, address, and telephone k. Proposed layout of utilities. A proposed preliminary layout ofs sanitary sewer and water 1.3 Drainage report. A general drainage report or drainage statement shall accompany the preliminary plat. This study or report shall show the acreage draining into the subdivision, m. Protective covenants. Draft of any protective covenants where the sub-divider proposes to n. Proposed land uses. A designation oft the proposed uses ofland within the subdivision and 0. Vicinity map. A vicinity map on a smaller scale showing the proposed subdivision and its P. Application fee. A filing fee shall be submitted to cover the cost of review and processing with every preliminary plat in accordance with the fee schedule adopted by resolution ofthe q. Preliminary Comprehensive Plan. Ifthe proposed subdivision is aj portion ofat tract that is later to be subdivided in its entirety, then a tentative master plat oft the entire subdivision shall be submitted with the preliminary plat of the portion first to be subdivided. The master subdivision plan shall conform in all respects to the requirements of the preliminary plat;  number.  lines to serve the subdivision.  points of runoff through and away from the subdivision. regulate land use or development standards in the subdivision. any zoning amendments proposed tol be requested. relationship to the surrounding area and Town limits.  Board ofTrustees.  except, it may be on a scale ofr not more than one (1) inch to 100 feet.  3. Application review procedures.  a. Date offiling Six (6) copies oft the preliminary plat application submittal shall be submitted to the Zoning Administrator 30 days prior to the Planning Commission meeting at which consideration is desired. The preliminary plat shall be considered officially filed after application review fees which are established by resolution oft the Board ofTrustees have been paid and after it is examined and found to bei in compliance with the applicable b. Distribution ofpreliminary plats. The following notice shall be stamped on the face of each preliminary plat: "Preliminary Plat for inspection purposes only, and ini no way official or approved for record purposes." The Zoning Administrator shall distribute the  provisions oft these regulations by the Zoning Administrator.  preliminary plats immediately upon receipt to the following:  (1) Zoning Administrator (one copy) (2) Town Engineer (one copy) (3) Electric power association (one copy) (4) Dolores School District (one copy) (5) Dolores Fire Protection District (one copy) (6) Dolores, Town Clerk (one copy for the public record)  Comments; written report. At least 10 days prior to the meeting of the Planning Commission at which the plat is to be considered, each agency listed above shall submit their written recommendations concerning the plat in question to the Zoning Administrator. The recommendations shall be given to the Planning Commission with the plat for their consideration. A written report shall be prepared by the Zoning Administrator and  Land use code Town of Dolores Page 2  Adopted: [March 9, 1998] Amended: (August 9, 2008, June 18,2012)    Article VI: Administration and Procedure  submitted to the Planning Commission at the next regular meeting. Such report should include comments relative to the proposed subdivision' s compliance to these regulations, the Comprehensive Plan or other Comprehensive Plans such as utility plans. The report may include comments from other municipal departments, county, or state agencies  concerned with urban development. 4. Review by Commission.  a. Action by Commission. The Planning Commission shall hold a public hearing on the Preliminary plat before making a decision. The Planning Commission shall act on the preliminary plat within 30 days after the official filing date or within a reasonable time  thereafter.  b. Notification requirements for preliminary plat.  (1) The Town shall publish notice of the public hearing in a newspaper of general circulation within the Town at least 10 days prior to the hearing. Such notice shall include the nature of the matters tol be considered; the time, date, and place of the hearing; and the name, address, and phone number of the. Applicant. The Town will also cause the notice ofl hearing to be posted in at least one (1) public place within the (2) The Town shall mail the written notice of public hearing, after obtaining a copy of the notice from the' Town Clerk, to the owners of all real property within 200 feet oft the property on which the change is requested. The: notice shall be given not less than 15 days before the date set for hearing by depositing in the mail such notice properly addressed and postage paid to each such owner as the ownership appears on the last approved County tax roll. Applicants shall provide proof of mailing of notice to the Town prior to thel hearing that is the subject oft the mailing of a notice. (3) The Town shall post a sign provide by the Town Clerk in aj prominent location on the subject property noticing the public hearing at least 15 days prior to the hearing. Such notice shall include the present and proposed rezoning; the time, date, and place ofthe public hearing; and the name, address, and phone number of the Applicant and a map C. Items for consideration by Commission The Planning Commission shall, in its action on the preliminary plat, consider the physical arrangement oft the subdivision, and determine the adequacy of street rights-of-way and alignment, the street standards of the Town of Dolores, the existing street pattern in the area and with all applicable provisions oft the Comprehensive Plan. The Planning Commission shall also ascertain that adequate easements for proposed or future utility service and surface drainage are provided, and that the lot size and area are adequate to comply with the minimum requirements for the underlying zone district and for the type of sanitary sewage disposal proposed.  Town.  showing the land area proposed for rezoning.  d. Subdivisions outside Town. Ifthe information shown on a preliminary subdivision plat is ofland located outside the corporate limits oft the Town of] Dolores and within the Urban Growth Boundary, the procedure for approval, modification or disapproval, shall be the  same as required for preliminary plats within the Town.  Land use code Town of Dolores Page 3  Adopted: [March9,1 1998] Amended: (August 9, 2008, June 18, 2012)    Article' VI: Administration and Procedure  e. Action within 30 days. Following review oft the preliminary plat and other materials submitted for conformity thereof to these regulations, and negotiations with the sub-divider on changes deemed advisable and the kind and extent ofimprovements to be made by the sub-divider, the Planning Commission shall, within 30 days, act thereon as submitted or modified, and if approved the Planning Commission shall express its approval as conditional approval and state the conditions ofs such approval, ifany, ori if disapproved, shall express its f. Notation ofaction. The action of the Planning Commission shall be noted on two (2) copies of the preliminary plat, referenced and attached to any conditions determined. One (I)copy shall be returned to the sub-divider and the other retained by the Planning Commission. A notation oft the action taken and requisite reasons therefore shall be entered in the records of  disapproval and its reasons therefore.  thel Planning Commission. 5. Review by Town Board  a. Submittal to Board ofTrustees. The Zoning Administrator shall, at the next regularly scheduled Board of Trustees meeting following conditional approval or disapproval by the Planning and Zoning Commission, submit the preliminary plat with the conditions established by the Planning and Zoning Commission to the Town Board for their b. Action by Board ofTrustees. The Board ofTrustees shall approve or disapprove the preliminary plat as to street dedication and utility services either with or without special  consideration. provisions.  6. Effect of preliminary plat approval.  a. Not approval of final plat. Conditional approval ofaj preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat. b. Lapse ofapproval. Preliminary approval of the subdivision shall be valid for aj period of1 12 months from the date of approval and the general terms and conditions under which the preliminary approval was granted will not be changed. The Planning Commission's preliminary approval oft the subdivision shall be deemed voided unless the final plat is submitted within the 12 month period or unless the 12 month period is extended by the  Planning Commission at the request oft the sub-divider.  Land use code Town of Dolores Page 4  Adopted: [March9,1 1998] Amended: (August 9, 2008, June 18, 2012)    FINAL PLAT REQUIRED FINDINGS AND ACTION BY THE BOARD. Dolores Land Use  Code adopted March 8, 1998  1. Application review procedures.  a. Date of filing. After approval oft the preliminary plat by the Planning Commission and Board ofTrustees and within 12 months ofthe approval date unless extended for up to one (1) additional year by action oft the Planning Commission, the sub- divider may submit for approval the final plat. The application, meeting all the requirements of Article VI.F.1. above shall be submitted to the. Zoning Administrator at least 15 days prior to the meeting at which consideration is desired. The official filing date of the final plat shall be the date upon which the plat and construction drawings are found tol bei in full compliance with the provisions of the preliminary approval after examination by the Zoning b. Conformance with preliminary, plat. The final plat shall conform substantially to the preliminary plat as approved and, if desired by the sub-divider, it may constitute only that portion oft the approved preliminary plat that he or she proposes toi record and develop at the time, provided however, that such portion conforms to all Revicpofconstruction plans. After the presentation oft the construction plans fora subdivision to the Zoning Administrator, the! Zoning Administrator may submit the construction plans to the Engineer fori review. The Engineer shall, if deemed necessary, review the plans and submit to the Planning Commission his orl her report at the final plat presentation. The developer shall pay the reasonable cost ofreview of the construction plans before the final plat is presented to thel Board ofTrustees. 2. Review by Board ofTrustees. The Board ofTrustees shall consider all proposals with respect to the dedication ofright-of-way for public use, the construction ofutilities, streets, drainage, and other improvements, and when satisfied with the proposals, shall authorize a. Action by Board of Trustees. The Zoning Administrator shall submit the: final plat to the Board ofTrustees, along with any preliminary plat conditions established by the Planning Commission preliminary plat and an appropriate recommendation. The Board ofTrustees shall hold aj public hearing on the final plat prior to taking action. The Board ofTrustees shall act on the final plat within at the next Regular Board Meeting or may be continued to another Board Meeting after the official b. Review in stages. An owner or sub-divider, at his or her option, may obtain approval of a portion or a section of a subdivision provided he or she meets all the requirements ofthis Code with reference to such portion or section ini the same manner as is required for a complete subdivision. In the event a subdivision and the final plat thereofis approved by the Board ofTrustees in sections, each final plat of each section is to carry the name oft the entire subdivision, but is to beara distinguishing letter, number or subtitle. Block numbers shall run consecutively throughout the entire subdivision, even though such subdivision may be finally C. Approval by Board of Trustees. After the Board ofTrustees has determined that the plat is inj proper form, that the arrangement of the development proposed for the  Administrator.  requirements oft these regulations.  the establishment of agreements for same.  filing date or within ai reasonable time thereafter.  approved in phases.    FINAL PLAT REQUIRED FINDINGS AND ACTION BY THE BOARD. Dolores Land Use  Code adopted March 8, 1998  property being subdivided is consistent with zoning regulations and that the subdivision complies with the provisions of this Code, it shall act to approve the d. Disapproval by Board ofTrustees. Final plats that are disapproved by the Board ofTrustees shall be returned to the sub-divider by the Zoning Administrator with  plat.  an attached statement oft the reasons for such action.  3. Action following approval  a. Certification ofapproval The Board ofTrustee's: approval and execution of the Board ofTrustees certificate ofapproval on the final plat shall authorize the Chairperson of the Planning Commission to execute the Planning Commission (1) Ini no case shall additions, corrections, or modifications of any kind be made to the Final Plat other than signatures required after the Board ofTrustees have  certificate of approval on the plat. approved the Final Plat.  b. Recordation ofplats. The final plat for any subdivision located within the corporate limits of the Town of] Dolores shall then be caused to be filed of record by the sub-divider in the plat records of] Montezuma County, but only after the Board ofTrustees has officially acted upon the final plat with reference to improvements, dedications and utilities and all: fees (including recording and review fees) shall be paid by the developer. The final plat shall have signatures from the Board ofTrustees and the Chairperson ofthe Planning and Zoning (1) Iff for any reason the final plat has not been recorded within 90 days of Board ofTrustees approval, the approving actions shall be deemed void.  Commission.  2    Section 901  INSTALLATION OF SANITARY SEWER LINES  901.1 PIPE LAYING  The type of pipe to bei installed shall be one of the types designated by the town. Pipe shall bei installed in accordance with the appropriate pipe laying handbook or manual and/or AWWA recommended pipe laying practice for the type of pipe being installed. Thei interior of the pipe shall be thoroughly cleaned of foreign matter before being loweredi into the trench and shall bel kept clean during operations by plugging or other approved methods. The pipe Class shall be clearly indicated on each end of all pipe sections fittings. Bridging will not be allowed; grade shall be established prior to laying pipe.  Handling  Pipe and accessories shall be handled in such a manner as to insure delivery to the trench in sound, undamaged condition. Care shall bet taken not to injure the pipe coating. No other pipe or material of any kind shall be placed inside ofa a pipe or fitting aftert the coating has been applied.  Cutting  Cutting of pipe shall be done ina a neat and workmanlike manner without damage to the pipe. Unless otherwise authorized by the Engineer cutting shall be done by means of an approved type of mechanical cutter with wheel cutters utilized where practicable. Burrs will be removed from all cuts by means of  grinding or filing. Placing and Laying  Before installing ductile iron pipe, the pipe shall be inspected for defects and tapped with a light hammer to detect cracks. Defective, damaged, or unsound pipe shall be rejected. Deflection from a straight line of grade as required by vertical curves, horizontal curves or offsets shall not exceed those specified in AWWA C-600. If the alignment requires deflection more than these limitations, special bends or a sufficient number ofs short lengths of pipe shall bet furnished to provide angular deflection  within the limit set forth. Pipe Laid in Trench  The full length of each section of pipe shall rest solidly upon the bed, with recesses excavated to accommodate bells and joints. Any pipe that has the grade or joint distributed after laying shall be taken up and re-laid. Pipe shall not be laid in water or when trench or weather conditions are unsuitable for the work, except by permission of the Engineer. When work is not in progress, open ends of pipe and fittings shall be securely closed so that no other substances will enter the pipes or fittings. Any section of the pipe found to be defective before or after laying shall be replaced with sound pipe at no additional  expense to the Town. Water and Sewer Proximity  Water lines shall not bel laid closer horizontally then ten feet from sewer lines and the water lines shall be at a higher elevation than the sewer. If this is not possible, separate trenches will be required and the water line shall be 6inches above the sewer. When water and sewer lines cross each other, the water    line shall be at least 6i inches above the sewer, otherwise, the sewer: shall be PVC. Noj joint shall be  withint ten feet oft the crossing. Excavation for Appurtenances  Excavation for structures related to the water or sewer line shall be sufficient to leave at least twelve (12)i inches int the clear between their outer surfaces and the embankment or timber which may be used to hold and protect the banks. Any other depth excavation below such appurtenances that has not been directed by the Town shall be considered as unauthorized and shall be filled with sand, gravel or concrete as directed and at the expense oft the Contractor. Excavation for concrete structures may serve ast the outside form, ifi in the opinion of the Engineer, the walls of excavation are smooth, and ifa  workmanlike finish can be assured utilizing this method.  Tracer' Wire Pipe  Tracer wire shall be installed on seweri force mains (mainlines or service lines) per Section : 121 - Plastic  Inspection of House Service Connection by the Construction Inspector. Marking Sewer Stub-outs  All sewer house service connections replaced by the Contractor shall not bel backfilled before inspection  All sewer stub-outs shall be marked by a clean out and riser (the cap ont the riser shall be glued on) extending from the end oft the stub-out to the surface of the ground. The riser shall be a minimum. 3 feet above ground with a glued-on cap, whose top has been painted green for sewer.  Sewer Tiei into Existing System  Mainline extensions to the sewer: system will not be tied into the existing sewer system until the new mainline extension has been inspected (i.e. videoed and approved by" The Operation and Maintenance  Contractor for, and accepted by, the Town Engineer or his designee). 901.2 INSTALLATION OF PLASTIC: SEWER PIPE (PVC)  A. Installation of PVC: sewer pipe shall bei in strict accordance with UniBell Plastic Pipe Association (UPPA) Recommended Practice for the Installation of Polyvinyl Chloride (PVC) Sewer Pipe, UNI- B. Pipe embedment material shall be Class 1, Il or Class III of Uni-B-5-79, AppendixI I. Minimum compaction shall be 90% of relative density per ASTM D2049 for Classl 1 & Il material and 90% of standard proctor per ASTM D698 using ASTM D2167, D1556 or D2922 for Class III material. Consolidation by saturation shall not be used for Class III materials. All embedment materials C. All sewer lines shall bei installed using a laser and shall run directly from manhole to manhole D. Pressure sewers shall be buried a minimum of 60" measured from finish grade to top of pipe.  B-5-79.  shall pass a 1%" sieve. without deflection.  Hydrostatic pressure will be 1.5x working pressure test.    LENCTH. Ay OR SD CL SERVCE UNE  MAN UNE MINMJM  TMPICAL SLOPE  ASERMOE STUB- SLOPE VARIES BELL END  ACONCRETE FLL FLOORPLAN  3 MIN.  4'-0" MANHILE 1/2" PLASTER. INSIDE CONCRETE WALL  5 MIN. 1/2" PLASTER OUTSIDE NOTE: SEE STANDARD 108 FOR DETALS ON CONSTRUCTION KEYWAY  UPPERA OF MAIN  1/8" N/FT MIN. SLOPE WITHN MANHOLE SECTION. A-A  REV. DATE A 12/05/05 A 1/22/08  SEWER SERVICE AT DEAD ENDS & CUL-DE-SAC  CONSTRUCTION STANDARDS  PUBLIC WORKS DEPARTMENT 2  STANDARD No. D-105  SHEET 1 OF 1    SERMIÇE UNE SEE STD. 115  STAINLESS STEEL DOUBLE-STRAP MANUFACTURED SADDLE OR APPROVED "MAIN SEWER UNE : 8" MINIMUM  EQUAL.  PLAN  TRENCH  STAINLESS, STEFL DOUBLE-SIRAP MANUFACTURED SADDLE OR APPROVED EQUAL.  SERVICE UINE (SEE STD. 115)  MIN. SLOPE 1/4" PER FT  MINIMUM ONE CUBIC FOOT 2500 P.S.. CONCRETE UNDER THE TAP AND 45 BEND. SEE SPECS. ELEVATION  -MAIN SEWER LINE : 8" MINIMUM  NOTES: PLUMBING CODE, SEWER MAIN.  1. ALL SERVICE LINES SHALL CONFORM TO LOCAL SERVICE LINE SHALL NOT PROTRUDE INTO  REV DATE 1/08 8/13  TAP: SADDLE CONNECTION  CONSTRUCTION STANDARDS  PUBLIC WORKS DEPARTMENT  STANDARD No. D-109  SHEET 1 OF 1  APPROVED:  DATE    PIPE DIA, TRENCHWIDTH PIPE DIA. TRENCHWIDTH  8" 10 12 15 18" 21" 24  2'-6" 2-B 3-0 3-0 4-6" 4-6' 5'-8  30" 36" 42 48 54 66" 72"  6'-6" 7-0" 8-0 8-6 10-6" 13-0" 14-0" 1-0  SEE CONSTRUCTION STANDARD FOR PAVEMENT PATCHING PAVEMENT ÇUT AFTER COMPACIION  DETAIL SYMMETRICAL ABOUT  EXISTING GROUND SURFACE  EXISTING PAVEMENT  95% - 'OR 90% 0.5 MIN. SLOPE MAY VARY WITH SOIL 1F CONDITIONS-SEE STD. No. 113 PAVED AREA  NOTE: ATP 6"OF BASE COURSE ON PAVED RESIDENTIAL STREETS & TOP 12" OF PAVED ARTERIAL STREETS TO BE COMPACTED TO 95% MODIFIED PROCTOR 2. UNPAVED STREETS & OTHER AREAS UNPAVED AREA TO BE 90% MODIFIED PROCTOR 3. WIHIN CY ROW PIPE BEDDING & TRENCH BACK FILL SHALL BE BASE COURSE  90% TA T,  TET  VARIES  5'-0"   PIPE OD+ 2-0"  TRENCHING DETAIL PIPE LESS THAN 72" O.D.  SEE CONSTRUCTION STANDARD FOR PAVEMENT PATCHING 1'-0  DETAIL SYMMETRICAL ABOUT &  PAVEMENT CUT AFTER COMPACTION  EXISTING GROUND SURFACE-  EXISTUNG PAVEMENT    95%. 90% 0.5 As (MINIMUM) 4-0",  TTF PAVED AREA As MIN CLR. (MP)  6"OR12"  90%  VARIES  UNPAVED AREA  5'-0"  REV. DATE A 12/08/02 A 1/22/08  PIPE OD + 2'-0"  TRENCHING DETAL-PPEOVERZOD  CONSTRUCTION STANDARDS  TRENCH DETAILS  PUBLIÇ WORKS DEPARTMENT  STANDARD No. D-112  SHEET 1 OF 3  APPROVED  DATE    10,1  TOWN OFDOLORES RESOLUTION NO. R483 SERIES 2022 ARESOLUTION IMPOSING AN OPEN FLAME FIRE BAN  WHEREAS, the Town of Dolores, Colorado is a statutory town incorporated under the laws oft the state WHEREAS the Town of Dolores enacted Ordinance No. 536 Series 2018 granting the Board of Trustees the authority to enactar resolution imposing an open flame fire ban as conditions require. WHEREAS! Southwest Colorado and the Town of Dolores are under historic drought and extraordinary WHEREAS the Montezuma County Sheriff recommends that the Town of Dolores impose at fire bant for the health, safety, and welfare of the citizens of the Town of Dolores and surrounding community. WHEREAS thel Board of Trustees agree that thei interest of the health, safety and welfare of the citizens make it advisable to impose an open flame fire ban as authorized by and defined by Ordinance No! 536 NOW, THEREFORE, BEI IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES as follows: 1. Thel Board of Trustees, pursuant to Ordinance No. 536 Series 2018 and as authorized by Colorado law, hereby imposes an Open Flame Fire Ban as defined in said Ordinance within all 2. This resolution shall continue in full force and effect until repealed by the Board of Trustees. 3. Itis thei intent of this resolution that any person violating thei fire ban as defined by Ordinance 4. The staff of the Town of Dolores shall inform the public of thei imposition oft the Open Flame Fire 5. Ifany section, clause, phrase, word other provisions oft this resolution shall for any reason be held invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases words or other provisions and the validity of this resolution shall stand  of Colorado.  fire danger.  Series 2018.  incorporated areas oft the Town of Dolores.  No. 536 shall be subject to the penalties set forth therein.  Ban.  notwithstanding.  6. Introduced, read, and passed as a resolution at the regular meeting oft the Board of Trustees of the Town of Dolores held on May 23rd, 2022, at which a quorum was present. The Fire Ban will  be in effect beginning May 25th, 2022    3  ADPOPTED by the Board of Trustees of the Town of Dolores, Colorado, on May 23rd, 2022.  THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By:  Mayor Leigh Reeves  Attest:  Town Clerk Tammy Neely