(a)

Generally. A fiscal and infrastructure impact analysis is required for all proposed development that includes more than sixteen (16) dwelling units or more than twenty-five thousand (25,000) square feet of gross floor area of nonresidential uses.

(b)

Timing of submittal. The fiscal and infrastructure impact analysis shall be submitted with the preliminary plat or site plan (if no plat is required).

(c)

Contents.

(1)

The fiscal and infrastructure impact analysis shall evaluate the impact of the proposed subdivision or development on the capacity or quality of the city's existing infrastructure, including the city's water and sewage treatment systems and the school system, and provide analysis and recommendations as follows:

a.

The projected service demands for city utilities, services, and infrastructure, including water, sewer, and schools, that are directly generated by the proposed subdivision or development;

b.

An analysis of the capacity of existing and planned municipal facilities and infrastructure to meet future demands directly generated by the proposed subdivision or development, and a determination of any resulting capacity shortfalls or degradation in service or quality;

c.

An estimate of the costs associated with the provision of municipal utilities and services to the proposed subdivision; and

d.

A list of recommendations for infrastructure improvements, if any, that are needed to ensure that the proposed subdivision or development will not have a significant, adverse impact on the city's infrastructure capacity or quality.

(2)

The city engineer may waive some of, or add to the requirements on a case-by-case basis as circumstances warrant based on the nature of the proposed development.

(d)

Mitigation of adverse impacts required. In no instance shall the city approve a preliminary plat or site plan if the fiscal and infrastructure impact analysis shows there will be a significant, adverse impact on the city's infrastructure capacity or quality, unless the applicant provides on-site or off-site measures acceptable to the city that will substantially or completely mitigate the adverse impacts created by the proposed subdivision or development, or the city council determines that the benefits of the project, including potential tax revenues, jobs, or public services to be provided, outweigh the anticipated adverse impacts.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. A traffic impact analysis is required for all proposed development that includes more than sixteen (16) dwelling units or more than twenty-five thousand (25,000) square feet of gross floor area of nonresidential uses.

(b)

Timing of submittal. The traffic impact analysis shall be submitted with the preliminary plat or site plan (if no plat is required).

(c)

Contents.

(1)

The traffic impact analysis shall evaluate the impact of the traffic projected to be generated by proposed subdivision or development on the capacity of the existing streets in the city, and provide analysis and recommendations as follows:

a.

An inventory of existing conditions within one (1) mile of the proposed subdivision or development, including:

1.

Roadway network and traffic control;

2.

Existing traffic volumes in terms of peak hours and average daily traffic ("ADT");

3.

Planned roadway improvements by others; and

4.

Intersection levels of service.

b.

Projected site-generated traffic volumes in terms of:

1.

Peak hours and ADT;

2.

Approach/departure distribution (including method of determination);

3.

Site traffic volumes on roadways; and

4.

Comparison of existing conditions to proposed site generation.

c.

An analysis of future traffic conditions including:

1.

Future design year (development fully completed) combined volumes (site traffic plus future roadway traffic); and

2.

Intersection levels of service.

d.

A description and schematic plan of recommended access and on-site circulation.

e.

A description of proposed on-site and/or off-site mitigation measures necessary to meet the level of service ("LOS") standard set forth in subsection (d), below.

(2)

The city engineer may waive some, or add to the requirements on a case-by-case basis as circumstances warrant based on the nature of the proposed development.

(d)

Mitigation of adverse impacts required. The street system within the proposed subdivision or development shall:

(1)

Provide LOS C on all proposed streets and at all proposed intersections; and

(2)

Maintain LOS C, or current level of service (if lower), on all adjoining streets and intersections, unless the city council determines that the benefits of the project, including potential tax revenues, jobs, or public services to be provided, outweigh the anticipated adverse impacts.

(Ord. No. 33-2017, § 1, 12-6-17)

Dedications of right-of-way for public streets, drainage easements, utility easements, parks, schools, or other public purposes shall be required and shall be made by the applicant on the plat, or, in the case of a site plan, by separate instrument approved as to form by the city attorney.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Land for parks shall be dedicated, or a fee-in-lieu paid, for residential and special residential development as provided herein. Dedicated parks are counted towards the required open space ratio of the development.

(b)

Exceptions.

(1)

The requirements of this section do not apply to cases in which dedication arrangements were approved at the time of annexation or previous subdivision of the same property.

(2)

In the case of redevelopment, the requirements of this section apply only to the net new dwelling units that are created by the redevelopment.

(c)

Park dedication requirements.

(1)

Land for parks shall be dedicated at the rate of six (6) acres per one thousand (1,000) residents in a proposed residential development. Dedication requirements for individual housing types are set out in Table 21-6-202(b), Park Dedication Requirements by Housing Type.

(2)

Special residential housing types with ambulatory populations who are not restricted to the premises shall provide 0.006 acres (two hundred sixty-one (261) square feet) per bed.

(3)

Park land shall meet the following minimum requirements:

a.

The area shall be located so as to serve all of the residents of the subdivision or development;

b.

The land shall be suitable for the types of recreational facilities that are proposed;

c.

The area shall be accessible from a public street or shall adjoin and become part of or connect with an already existing public park, trail, or open space area that is accessible from a public street;

d.

Detention or retention areas or other storm water control facilities may be included if it is demonstrated that the land is accessible and usable for recreational purposes; and

e.

The land shall be free of all liens or other financial encumbrances, and of all non-financial encumbrances that may limit its use as a public park.

(d)

Fee-in-lieu of park dedication. The applicant shall pay to the city, in lieu of the dedication, an amount of cash equal to the fair market value of the required dedication as an improved park if:

(1)

The total land dedication required by subsection (b), above, is less than one (1) acre; or

(2)

The development is located in the CBD Zone; or

(3)

The planning commission determines that a fee-in-lieu is appropriate, after considering:

a.

The size of the development and its adequacy for accommodating a suitable public use site;

b.

The community facility aspects of the comprehensive development plan and the school district's master plan;

c.

Existing parks and other public uses in the area;

d.

The topography, geology, and location of land in the subdivision that is available for dedication;

e.

The needs of the people in the area; and

f.

The availability of resources for operating and maintaining the park.

(e)

Public use reservations. Portions of a subject property that is being subdivided may be reserved for later acquisition for public use. Such reservation shall be delineated on the final plat and related provisions shall be clearly noted.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally.

(1)

Public improvements. Depending upon the nature of the application for development approval, public improvements that must be constructed, installed, or otherwise provided by the applicant may include, but are not limited to:

a.

Permanent survey monuments, range points and lot pins;

b.

Streets, alleys, acceleration or deceleration lanes, sidewalks, and curb and gutter, in accordance with the city standards;

c.

Street name signs and traffic-control signs or other street control devices;

d.

Bridges, culverts, or open drainage channels;

e.

Street lights;

f.

Water lines and fire hydrants;

g.

Sanitary sewer lines; and

h.

Storm drainage improvements and storm sewers.

The public improvements contemplated by this section are intended to provide services to the subject property or to offset the impacts of the development of the subject property.

(2)

Landscaping. Depending upon the nature of the application for development approval, the city may require collateral and warranties for landscaping.

(b)

Engineering specifications. Engineering specifications for public improvements are promulgated by the public works director.

(c)

Improvements agreement. All applicants whose development applications require construction, installation, or provision of public improvements or fees-in-lieu thereof, or the installation of required landscaping, shall be required to execute an improvements agreement. The city has a standard form of improvements agreement, a copy of which is available from the administrator.

(d)

Standards for public improvements. All public improvements and required landscaping shall be constructed to comply with all applicable city standards, regulations, and specifications. No subdivision or other development for which public improvements or required landscaping are proposed shall be finally approved or recorded without the execution of the improvements agreement, along with the required financial security, in a form approved by the city.

(e)

Cost of processing. Applicants are required to pay the costs of processing the development application and improvements agreement, including all consultant costs, legal fees, and other fees incurred by the city.

(f)

Collateral for improvements.

(1)

Prior to the recordation of any final plat or issuance of any permits for development of a subdivision or other development for which public improvements or required landscaping are proposed, the applicant shall provide to the city collateral in the amount of one hundred twenty-five (125) percent of the total estimated cost of construction of the improvements, in the form of either:

a.

A cash deposit; or

b.

A letter of credit issued by a financial institution authorized to do business in the State of Colorado.

c.

A performance bond with a surety satisfactory to the director of public works. Any such performance bond must state that the surety's obligations are absolute and unconditional irrespective of any circumstance whatsoever that might constitute a legal or equitable discharge or defense of a surety and must include an express waiver by the surety of such defenses. Additionally, the payment trigger on any such performance bond shall not relate to the occurrence of an event of default, but rather simply be triggered by the due presentation of a proper notice of default signed by the public works director.

(2)

The applicant shall ensure that the collateral remains unencumbered and free from claims of others so that any requests of the city for payment or enforcement may be immediately and unequivocally honored without cost to the city.

(3)

The applicant shall provide an independent, third-party report of the status of the improvements every six (6) months during construction.

(4)

Such collateral shall be maintained, in the amount required by the agreement, through the warranty period as set forth herein.

(5)

If, at any time prior to final acceptance and expiration of the warranty period, the city determines that the collateral is not sufficient to cover all costs of construction of the improvements and provides the applicant with a written basis for the requested increase to collateral, the applicant shall be required to post additional or supplemental collateral in an amount deemed reasonably sufficient and approved by city to pay for all costs of construction, including any administrative costs and contingency amount.

(6)

After preliminary acceptance, the city may reduce the amount of required collateral during the warranty period to an amount reasonably determined by the administrator, based on the potential cost of repair or restoration of the improvements.

(g)

Completion and acceptance of improvements.

(1)

The applicant shall complete construction of the improvements within a specified period of time from the date of the improvements agreement.

(2)

The city will perform periodic inspections of the public improvements and landscaping, and the applicant shall promptly modify, alter, or repair, at its own cost and expense, any improvements or landscaping that are not constructed or installed in accordance with the approved plans, such that the improvements conform to the approved plans.

(3)

Upon completion of construction of the improvements and landscaping according to the approved plans, the applicant shall make a written request for preliminary acceptance of such improvements and landscaping ("preliminary acceptance"). With said request, the applicant shall:

a.

File with the city an original and digital copy (in a form approved by the administrator) of the as-built construction plans of public improvement(s), stamped and certified by the engineer of record who shall also be a state-registered professional engineer; and

b.

Submit to the city a sworn affidavit and documentary evidence that there exists no lien or encumbrance upon or against the public improvements resulting from unpaid amounts owing to contractors, subcontractors, material persons or other persons involved or engaged in the construction or installation of the public improvements.

(4)

Upon request for preliminary acceptance, the city shall determine whether the improvements and landscaping are installed according to approved plans. If so, the city shall issue to the applicant a certificate of preliminary acceptance, granting preliminary acceptance of the public improvements and approval of the landscaping, and setting the terms of the warranty period. The warranty period ("warranty period") shall terminate two (2) years from the date of preliminary acceptance.

(5)

Upon expiration of the warranty period:

a.

The city shall re-inspect the improvements and landscaping and require correction of all defects and failures of the improvements prior to the issuance of final acceptance of the improvements and the release of any remaining collateral.

b.

Upon completion of any required warranty repairs, reconstruction, or replacement, public improvements shall become the property of the city (and thereby the city's maintenance responsibility) by final acceptance of the public improvements by the city.

(h)

Timing of certificates of occupancy. No certificates of occupancy shall be issued for any building permits until such time as the city has issued (at a minimum) preliminary acceptance of the public improvements and landscaping that are identified in the improvements agreement. A conditional certificate of occupancy may be issued if installation of landscaping is delayed due to season or adverse weather conditions, and the amount and duration of the security identified in the improvements agreement is sufficient to cover the cost of installation.

(i)

Reimbursement for off-site or oversized improvements. The method and time of establishment and payment of the reimbursement shall be in accordance with Section 21-6-304, below.

(Ord. No. 33-2017, § 1, 12-6-17; Ord. No. 4-2020, § 1, 2-19-20; Ord. No. 27-2020, § 11-4-20)

(a)

Utility easement widths.

(1)

Utility easements shall be provided along lot lines in new subdivisions as follows:

a.

Boundary lot lines (any lot line that is also a boundary of the subject property): At least ten (10) feet.

b.

Rear lot lines: Eight (8) feet.

c.

Side lot lines (where necessary): Five (5) feet.

(2)

If the location of utility easements along lot lines is unsuitable for the use of the utility companies due to drainage, irrigation ditches, timbered area, or other obstructions, easements of appropriate width shall be provided adjacent to the areas of obstruction.

(b)

Underground installation required; exceptions.

(1)

The applicant shall underground all electric, gas, and communications lines (collectively, "utilities") within the boundaries of the subject property or subdivision plat, and that are required to be relocated pursuant to this UDC or as a condition of approval of the development.

(2)

Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, street lighting, or other facilities necessarily appurtenant to such underground utilities may be installed or placed above ground.

(3)

High-voltage electric transmission and distribution feeder lines and necessary appurtenances thereto may be installed or placed above ground.

(4)

The administrator may waive the underground requirement with regard to power and communications lines if:

a.

The subject property has existing service via overhead lines on the date of application;

b.

No new utility poles will be installed as a result of the proposed development; and

c.

The subject property has less than two hundred (200) feet of frontage, or the scale of the proposed development does not justify the cost of undergrounding the existing lines.

(c)

All utilities that serve proposed development shall be located within dedicated and platted public utility easements or public street rights-of-way, which shall be approved and thereafter subject to acceptance by the city with respect to those utilities that are municipally operated. The applicant shall be responsible for arranging connections from the subject property to existing utility systems.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. No later than the date of preliminary acceptance of public improvements, the applicant shall deliver to the city an executed stormwater maintenance easement agreement in a form approved by the city attorney that authorizes the city to access and inspect stormwater improvements, and to maintain, repair, or replace the stormwater improvements at the property owners' expense if the property owner fails to do so within fourteen (14) days after notice from the city that such maintenance, repair, or replacement is required for the proper operation of the improvements.

(b)

Natural drainageways. Where a subject property is traversed by a watercourse, drainageway, channel, or stream (but not including an irrigation ditch), there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the boundaries of such watercourse, and such further width as may be required for necessary flood control measures. The requirements for such easements are set out in chapter 8, City of Alamosa Municipal Code.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Purpose and overview. This section provides a mechanism whereby property that has been benefited by the construction of public improvements by another property owner or the city will share in the cost of those improvements through payment of a recovery charge to the city at the time the benefited property is developed and the improvements are utilized. This section provides for the city to examine the improvements which are constructed, their cost, the properties which are specially benefited by them and a reasonable method of apportioning the reimbursable costs among benefited properties. Property owners whose property would be subject to the recovery charge fee are provided an opportunity to review and comment on pertinent information prior to the city establishing a recovery charge pursuant to this section. The city will endeavor to collect recovery charges and upon receipt will forward such funds (less a fee for administration) to the person who constructed the improvements.

(b)

Definitions. As used in this section, the following definitions apply:

(1)

Development or Develop means conducting a building or mining operation, making a physical change in the use or appearance of a structure or land, dividing land into two (2) or more parcels (including partitions and subdivisions), and creating, relocating, enlarging or terminating a right or location of access which increases the usage of any utility improvements or which creates the need for additional utility improvements. "Development" does not include the dedication or conveyance of right-of-way or a utility easement to the city.

(2)

End on connection means a physical extension of a water, sewer or storm drain utility main from its previous terminus, and not a service, lateral or other connection.

(3)

Property owner means the owner of the title to real property or the contract purchaser of real property of record as shown in the records of the Office of the County Assessor.

(4)

Public works director means the City of Alamosa's Director of Public Works, or the person designated by the director to carry out the responsibilities assigned to the director in this section.

(5)

Special benefit means the value associated with a capital improvement which relates to a particular parcel of land to the extent the parcel is, or may be, partially relieved of a cost or expense associated with development, and which is different in degree from the value or benefit received by the general public.

(6)

Street or street improvement as used in this section 21-6-304 shall include the street, sidewalk, curb, and gutter installed as required improvements.

(7)

Zone of benefit means the area or parcels of real property which are determined by the city council to derive a special benefit from the design and construction of street, water, sewer or storm drain improvements, financed or constructed by a person, or the city without the formation of a local special improvement district, and which, but for such improvements being installed, the owner of the benefited property would in connection with the development of such property be required to construct all or a portion of such improvements.

(8)

Zone of benefit recovery charge or recovery charge means the fee required to be paid by a property owner within a previously delineated zone of benefit and determined by the city council to be the amount which is necessary or appropriate to reimburse another person for financing or causing the construction of utility improvements.

(c)

Formation of the zone of benefit.

Application

(1)

Any person who is required to finance or cause construction of street, sewer, water or storm drain improvements or some combination of improvements as a condition of development or does so as part of a city capital project, such that other nearby property upon its development will or may be relieved of the obligation or requirement to construct all or a portion of the same improvements, may request that the city establish a zone of benefit recovery charge.

(2)

A request to establish a zone of benefit recovery charge shall be in writing, on forms provided by the city, and shall consist of the following information:

a.

Detailed or as-built plans or drawings showing the actual location, nature and extent of all improvements for which a zone of benefit recovery charge is sought;

b.

The parcels of property identified by survey or tax lot number which are purportedly specially benefited by the improvements and from which a recovery charge is sought. Parcels may be located outside the boundaries of the City of Alamosa, in which case any applicable zone of benefit recovery charge shall be addressed in the annexation agreement entered into with the property owner of such property in the event the property is annexed into the city.

c.

The ownership of parcels identified in subsection b. of this subsection, according to the current records of the County Assessor as confirmed by an ownership and encumbrance report from a title company, and the mailing address of such property owners;

d.

Detailed costs and invoices for labor, materials and actual permit and inspection fees devoted exclusively to the improvements and for which a recovery charge is sought to be established. Costs shall not include any amount of profit or overhead of the person making the application. Costs shall not include any amount of value which is or may be attributable to the real property of the applicant which has been dedicated or transferred to the city for public use, such as rights-of-way or easements. The applicant shall certify the accuracy of the costs which are submitted to the city and that the applicant has actually paid or financed such costs. The amount of any recovery charge attributable to utility improvements may be based upon construction contract documents, together with construction invoices or other appropriate information, provided by the applicant. The applicant shall have the burden of establishing the cost of improvements. Should the Public Works Director determine the contract amounts exceed prevailing market rates for a similar project, the recovery charge shall be based upon market rates. No more than twenty (20) percent of the total eligible construction cost shall be creditable for survey, engineering and inspection;

e.

A proposed formula for apportioning the cost of the improvement among properties within the proposed zone of benefit and where appropriate a unit or measure for applying the zone of benefit recovery charge to property which may with approval be developed at some future date, and an analysis showing the result of applying the formula to the parcels identified in subsection c. of this subsection, which represents the proposed recovery charge;

f.

Any other relevant information required by the public works director, and

g.

A nonrefundable application fee, as established by the city council by resolution, to cover the city's costs in providing notice of public hearing and the public works director's examination and report.

Public Works Review

(3)

The public works director shall review each application for the establishment of a zone of benefit recovery charge and prepare a report and recommendation to the city council whether such a recovery charge should be established. The recommendation shall include and address the following factors:

a.

Whether the applicant has paid for some or all of the costs of a utility improvement;

b.

The extent to which the improvements referred to in subsection (a) of this subsection have relieved another person or persons of the future need or requirement to construct all or a portion of the same improvements;

c.

The area or parcels which are specially benefited by the improvement, and whether or not such parcels would, as a condition of future development be required to construct some or a portion of the same improvement for which a recovery charge is sought to be established;

d.

That portion of the cost of the improvement within the area of the proposed or probable zone of benefit which is appropriate for reimbursement by the owners of property identified in subsection c. of this subsection;

e.

An analysis of the formula for apportioning the cost of the improvement among properties within the proposed zone of benefit proposed by the applicant, recommending approval or modification of the formula as appropriate;

f.

The result of applying the formula referred to in subsection e. of this subsection to the parcels identified in subsection c. of this subsection, which becomes the proposed recovery charge;

g.

Whether the applicant has complied with the requirements of this section.

(4)

The portion of the cost of the utility improvement subject to reimbursement by properties within the zone of benefit shall be determined by the city council following a hearing, pursuant to section 21-6-304(e).

Conditions of Recovery

(d)

Limitations on cost recovery from zone of benefit.

(1)

In addition to those more specific limitations set forth in subsections 21-6-304(d)(2) and (d)(3) set forth below, the amount of improvement costs which may be reimbursed to the person making such improvements through a zone of benefit recovery charge shall be limited as follows:

a.

No reimbursement shall be made or provided for any portion of the utility improvement which specially benefits the applicant's own property and not properties generally.

b.

No reimbursement shall be allowed for utility improvements which have not been dedicated to and accepted by the city as public improvements.

c.

No reimbursement shall be allowed for the cost or value of real property which the applicant for reimbursement was required to dedicate or reserve for public use as a condition of development.

d.

Except as otherwise provided, reimbursable costs and expenses shall be limited to the cost of construction, including the acquisition and condemnation costs of acquiring additional rights-of-way or easements, the actual cost of permits, engineering and legal services as shown by invoice.

e.

No reimbursement shall be allowed for utility improvements which have been constructed by the applicant, accepted by the city and for which no application for zone of benefit recovery charge under this section has been received within six (6) months from the date of city acceptance of such improvements. Zone of benefit recovery charges will not be imposed retroactively upon benefited properties which have connected to or otherwise utilized utility improvements before an application for zone of benefit has been received.

f.

No reimbursement shall be allowed where the applicant for zone of benefit recovery charge has received a credit against the traffic impact fees, systems development charges or other connection fees for the same type of utility improvement.

g.

The obligation to pay a zone of benefit recovery charge shall not arise unless and until an owner of property within the zone of benefit applies for or causes or permits an application to be submitted and receives approval from the city and utilizes such approval for any of the activities referred to in section 21-6-304(f).

h.

Except as otherwise provided in this subsection, the obligation to pay a zone of benefit recovery charge for the cost of water, sewer or storm drain utility improvements shall not arise unless and until the property owner who otherwise would be subject to such a recovery charge makes a physical, lateral and not an end-on connection to such improvement with the intent of utilizing such utility improvement. However, with respect to end-on connections, a zone of benefit may be established and the owner of property within such zone may be required to pay a zone of benefit recovery charge in the case of an end-on connection for a share of the cost of oversized materials used and cost to install as part of the utility improvement where such oversized materials provided additional utility capacity for the benefit of property owners within the zone of benefit, and where the oversized materials exceed the size requirements set forth in section 21-6-304(d)(2).

i.

Reimbursement shall be allowed only for those expenditures and in amounts which the city council determines are based upon improvement construction contract documents or other appropriate information provided by the applicant, but not exceeding prevailing market rates for a similar project.

j.

Except as otherwise provided in section 21-6-304(d)(3), no reimbursement shall be allowed for that portion of the cost relating to extending utility improvements serving a development to the edge of such development.

k.

No reimbursement shall be allowed for electrical, telephone, cable television or natural gas utility relocation.

l.

Nothing contained in this section shall be construed as requiring inclusion of city-owned or controlled property within a zone of benefit or payment of a zone of benefit recovery charge unless prior to city acquisition of such parcel the zone of benefit had previously been established over such property. Except as otherwise specifically provided by the city council, the obligation to pay a recovery charge shall not apply to that portion of a parcel which is dedicated or conveyed to the city for right-of-way or public utility purposes.

(2)

Reimbursement for utility improvements shall be further limited as follows:

a.

No reimbursement shall be allowed for that portion of the cost relating to over-sizing of water utility improvements that are eight (8) inches or less in diameter.

b.

No reimbursement shall be allowed for that portion of the cost of sanitary sewer improvements that are eight (8) inches or less in diameter.

c.

No reimbursement shall be allowed for that portion of the cost of storm sewer improvements that are twelve (12) inches or less in diameter.

(3)

Reimbursement for street improvements shall be further limited as follows:

a.

No reimbursement shall be allowed for that portion of the cost relating to minor realignment not required by the City's Unified Development Code.

b.

Except for the cost of traffic control signals, bridges, and railroad crossings, reimbursement shall be recoverable only from those properties which lie adjacent or contiguous to a street improvement, and which, but for such improvement, would otherwise be required upon development to construct all or a portion of such improvement.

c.

No reimbursement shall be allowed for those traffic safety improvement costs relating to mitigation of the impact of the applicant's project, which are required as a condition of development.

d.

A zone of benefit recovery charge may be established for street improvements which are installed to fulfill a requirement relating to access management on arterial streets.

Council Action

(e)

Council action on the application.

(1)

After the public works director's report on the zone of benefit application is complete, the matter shall be scheduled for hearing before the council. The public works director shall provide notice of the hearing on the application for establishment of a zone of benefit recovery charge by publication, not less than fourteen (14) calendar days prior to the hearing, in a newspaper of general circulation within the city and by mailing copies of the notice by certified mail not less than twenty-eight (28) calendar days prior to the hearing to the owners of any lots or parcels which are proposed to be subject to the recovery charge. The notice shall contain at least the following information:

a.

That an application for a zone of benefit recovery charge has been submitted to the city and the name of the applicant;

b.

That the public works director has prepared a report concerning the application which report is available for public inspection by contacting the city's public works department;

c.

A general description of the improvement and the costs for which a zone of benefit recovery charge is sought;

d.

A general description of the formula for apportioning the cost of the improvement among properties within the proposed zone of benefit and where appropriate a unit cost which will be recommended to the city council;

e.

That the city council will hold a hearing on the proposed recovery charge on a specified date at which time objections and comments regarding the proposed recovery charge will be heard by the council; and

f.

That failure of the owner of property subject to the proposed recovery charge to object before the city council at the hearing, either orally or in writing, will be treated and relied upon by the council as a waiver of objection to the zone of benefit recovery charge established by the council.

(2)

For purposes of mailing notice to the parcel owner under this section, any mistake, error, omission or failure with respect to such mailing shall not be jurisdictional or invalidate the proceedings with respect to the establishment of the recovery charge.

(3)

The city council shall conduct a hearing at the time and place for which notice is given or any continuance thereof and shall consider the application, the Public Works Director's report, and any testimony and evidence presented concerning the application. The council shall determine the following:

a.

Whether the properties against which a recovery charge is proposed to be established under this section are or will be specially benefited by the utility improvement.

b.

Whether the costs for which a zone of benefit recovery charge is sought pursuant to this ordinance are based upon improvement construction contract documents or other appropriate information provided by the applicant and the extent to which such costs exceed prevailing market rates for a similar project;

c.

Whether the method of apportioning the costs to benefited properties is reasonably calculated to reflect the special and peculiar benefits each lot or parcel of land receives from the improvements;

(4)

After the hearing, the city council may modify the proposed zone of benefit or recovery charge or both by adjusting the area or the particular properties from which recovery charges will be collected, by adjusting the amount of reimbursable costs, or by adjusting the formula used in apportioning reimbursable costs. The council may make a tentative oral decision on the application, but in any event shall adopt written findings in support of the decision granting or denying the application.

(5)

If the council determines that a zone of benefit recovery charge should be established, it shall do so by resolution, specifying the properties within the zone of benefit, the method of apportioning improvement costs among properties within the zone of benefit and the annual percentage rate multiplier to be applied.

(6)

Following adoption of a resolution establishing a zone of benefit recovery charge under this section, the public works director shall cause a copy of the resolution to be recorded in the Office of the Alamosa County Clerk and Recorder to provide public notice of the recovery charge applicable to the parcels described in such resolution.

(7)

A copy of the resolution described in section 21-6-304(5) shall be sent by regular mail to the owners of property subject to the recovery charge established and to any other persons who have requested a copy. Failure of the city to send the resolution to a person or property owner, or failure of a person or property owner to receive such resolution, shall not invalidate any proceeding in connection with the establishment of the recovery charge.

Recovery of Costs

(f)

Obligation to pay zone of benefit recovery charge.

(1)

An owner of property within any zone of benefit shall pay to the city, in addition to any other applicable fees and charges, the zone of benefit recovery charge established by the city council, adjusted by an increase of two (2) percent per year simple interest (uncompounded), beginning the fifth year after the resolution establishing the zone of benefit was adopted, if within thirty (30) years from the date on which a zone of benefit recovery charge is established by the city, the property owner applies for or causes or permits an application to be submitted and receives approval from the city and utilizes such approval for the earliest of any of the following activities:

a.

A public works or other permit for connection to, or actual connection to, or use of a particular utility improvement which is not a street improvement and for which a recovery charge has been established.

b.

Where the recovery charge relates to street improvements:

1.

Approval of a subdivision plat for which use of the street improvement is a requirement;

2.

A building permit for a new building,

3.

A building permit for any addition, modification, repair or alteration of a building that exceeds thirty-five (35) percent of the value of the building within any twelve (12) month period, or

4.

Any alteration, modification or change in the use of real property that increases the number of parking spaces required under the city's Unified Development Code in effect at the time of permit application by ten (10) percent or more. For purposes of determining increases in the parking requirement, the number of required spaces for the use which existed at the time the zone of benefit recovery charge was established shall be compared with the number of required spaces for the altered, modified or changed use or uses of the property.

c.

For purposes of subsection b.3. above, the value of the building shall be the amount shown on the current records of the Alamosa County Assessor for such building's true cash value on the date when application is made for a building permit; however, building permits made necessary due to damage or destruction by fire or other casualty, over which the property owner had no control shall not result in application of the recovery charge. Where additions, modifications, repairs or alterations of a building occur in phases or under separate permits the cumulative value of such activities shall determine whether thirty-five (35) percent of the value of the building is exceeded.

(2)

Except as otherwise expressly provided, neither the city nor any officer or employee of the city, acting in his or her official capacity, shall be liable for payment of any recovery charge, accrued percentage rate or portion of either. Only those payments which the city has received from or on behalf of properties within the particular zone of benefit shall be payable to the applicant for the zone of benefit. The city's general fund or other revenue sources shall not be liable for or subject to payment of outstanding and unpaid recovery charges imposed on private property, notwithstanding the city's allowance of installment payments pursuant to section 21-6-304(g), below.

(3)

The right to reimbursement under this section is assignable and transferable after written notice is given by the applicant or the applicant's assignee to the city, advising the city to whom future payments are to be made. If neither the applicant nor any assignee may be reached at the last known address given to the city at the time the city makes any payment of reimbursed funds pursuant to this section, the payment shall be credited to the city's general fund.

(4)

Upon receipt of a zone of benefit recovery charge or portion thereof, the city shall cause a record to be made of the property for which such payment is received and remit such funds to the person upon whose request the zone of benefit recovery charge was established or the person's assignee, less an amount equal to seven (7) percent of the amount of payment, up to a maximum of one thousand dollars ($1,000.00), for the cost of administration of the program by the city.

(5)

the city building inspector or public works director shall not issue a building or public works permit or allow water, sanitary or storm sewer connection until the charge has been paid in full or until provision for installment payments has been made and approved.

(g)

Installment payment.

(1)

When a recovery charge of five thousand dollars ($5,000.00) or more is due and collectible, the owner of the parcel of residential land subject to the recovery charge may apply for payment in no more than twenty (20) equal amortized semi-annual installments, to include interest on the unpaid balance at the rate of five (5) percent per year. Applications shall be made on forms provided for such purpose and shall be accompanied by a non-refundable application fee as established by the city council by resolution. Upon acceptance by the city, the recovery charge, together with interest on the charge, shall be a lien against the property.

(2)

The city's finance director shall provide application and contract forms for installment payments, which shall include a waiver of all rights to contest the validity of the lien, except for the correction of computational errors.

(3)

An applicant for installment payments has the burden of demonstrating the applicant's authority to assent to the imposition of a lien on the parcel and that the property interest of the applicant is adequate to secure payment of the lien. Applications for installment payment shall be submitted no later than ten (10) days after the recovery charge is due and payable. Prior to acceptance of any application for installment payments, the Finance Director may require the subordination of any liens of record on the property. The finance director may certify delinquent payments under any installment agreement to the county treasurer for collection on the property tax bill for the subject property.

(Ord. No. 4-2020, § 2, 2-19-20)

(a)

Purpose. The purpose of this division is to set out requirements for operations plans that ensure that the operational impacts of certain uses are anticipated and mitigated.

(b)

Application. This division applies when the requirements for approval of a land use include one (1) or both of the plans set out in section 21-6-401 or section 21-6-403, or where the city determines that such plans are necessary to mitigate the projected impacts of a land use that involves unusual amounts of heavy truck traffic.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. Minerals shall not be extracted except according to a master plan for extraction prepared by the applicant and approved by the planning commission.

(b)

Contents of master plan for extraction. The master plan for extraction shall address:

(1)

Any system adopted by the Colorado geological survey grading commercial mineral deposits according to such factors as magnitude of the deposit and time of availability for and feasibility of extraction of a deposit;

(2)

The potential for effective multiple sequential use which would result in the optimum benefit to the landowner, neighboring residents, and the community as a whole;

(3)

The development or preservation of land to enhance development of physically attractive surroundings compatible with the surrounding area;

(4)

The quality of life of the residents in and around areas which contain commercial mineral deposits;

(5)

The comprehensive plan and specific area or topical plans;

(6)

Maximization of extraction of commercial mineral deposits;

(7)

The ability to reclaim the area pursuant to the provisions of Section 32-101, et seq., 34 C.R.S., Colorado Mined Land Reclamation Act; and

(8)

The ability to reclaim an area owned by the city or other governmental authority, pursuant to an adopted plan, to be used for public purposes by the city or governmental authority consistent with such proposed use.

(Ord. No. 33-2017, § 1, 12-6-17)

(a)

Generally. A heavy truck routing plan is required for uses as specifically identified in this UDC and for uses that the administrator determines will involve the use of semi-trailers, dump trucks, trash hauling trucks, or comparable heavy vehicles at a frequency of more than ten (10) heavy vehicle trips per week.

(b)

When required. For the uses that require heavy truck routing plans, such plans shall be submitted with site plans.

(c)

Updates. Heavy truck routing plans shall be updated when:

(1)

New routes are proposed by the applicant.

(2)

The applicant proposes to increase heavy truck traffic by more than twenty (20) percent compared to that set out in the approved heavy truck routing plan.

(3)

Routes are changed by the city or other relevant transportation authority in a manner that affects the approved heavy truck routing plan.

(d)

Contents. The heavy truck routing plan shall include, at a minimum:

(1)

The type or class of heavy trucks that will be used by the applicant's proposed land use;

(2)

The anticipated frequency of delivery and departures of heavy trucks;

(3)

The hours of heavy truck traffic;

(4)

A map illustrating the route(s) to and from a state highway (or to and from anticipated destinations in the city), of all heavy trucks used by the proposed land use; and

(5)

A map illustrating the routing and flow of heavy trucks within the subject property.

(Ord. No. 33-2017, § 1, 12-6-17)