5.1.1. Purpose. This article establishes minimum standards for the design and improvement of land subdivision to ensure that each building site can accommodate a structure for the intended use of land, is adequately served by public improvements, and protects sensitive lands from the impacts of development within that subdivision. It also establishes standards for the development of previously and legally subdivided land that may not have adequate public facilities needed to support new development where the proposal does not include the subdivision of land, but does require the installation of public facilities for new development within the Town.

5.1.2. Applicability.

A.

This article shall apply to all divisions of land into two (2) or more parcels, tracts, or lots.

B.

In addition, this article shall apply to existing properties that have been legally subdivided but do not have adequate public facilities needed to support development within the Town pursuant to the adequacy determination process in Section 5.2.4.B, with the exception of the following:

1.

5.2.2.B, Suitability of Land for Subdivision;

2.

5.2.3, Lot and Block Design; and

3.

5.3.1, Open Space, Parks, and Trails Dedication.

5.1.3. Compliance with Other Applicable Requirements. In addition to the subdivision requirements established in this article, all subdivisions shall comply with the intent of this UDC, the applicable zoning district(s) in which the subdivision is located and the Development and Infrastructure Manual. Subdivisions shall be designed to avoid creating lots that will make compliance with other development standards in this UDC difficult.

(Ord. 4 §59, 2025)

All subdivisions shall be designed and improved in accordance with the standards in this section.

5.2.1. Minimal Standards. The design standards in this section are the minimum standards. The Town may impose more restrictive standards when deemed necessary to meet sound engineering or design standards or other standards in this UDC.

5.2.2. Suitability of Land for Subdivision.

A.

Avoidance of Sensitive Areas. Land in sensitive areas subject to flooding, improper drainage, steep slopes, landslides, hazardous topography, or other features that could be harmful to the safety, health, and general welfare of the present or future inhabitants shall be considered unsuitable for occupancy or subdivision unless adequate mitigation is provided. Development and subdivisions located within the special flood hazard areas shall be regulated by Chapter 18, Article IX, Flood Regulations.

B.

Adjustment of Minimum Lot Sizes. If avoidance of sensitive areas results in the subdivision containing fewer buildable parcels than it would have if sensitive areas were not avoided, the Town Administrator may adjust the minimum lot size or lot width dimensions by up to twenty-five percent (25%) to allow for additional lots that would have otherwise been possible.

Expand

Example: The Town Administrator could reduce the minimum lot size in the R-2 district by up to 1,250 square feet (5,000 sf x 0.25 = 1,250 sf).The Town Administrator could reduce the minimum lot width in the R-2 by a maximum of 12.5 feet (50 feet x 0.25 = 12.5 feet).

 

5.2.3. Lot and Block Design.

A.

Lots.

1.

Lot sizes shall comply with the applicable zoning district dimensional standards in Section 2.2.

2.

Driveway access shall be provided pursuant to Section 4.2.3, Driveways and Access.

3.

The use of an easement for primary access to a lot is prohibited unless the Town Administrator determines that there is no other alternative available.

4.

Lots with double frontage shall be avoided except where essential to provide separation from major arterials or because of the slope.

5.

Side lot lines shall be perpendicular to street lines to the maximum extent feasible.

6.

Lot lines shall not cross municipal boundary lines.

B.

Blocks.

1.

Generally.

a.

New block lengths shall be at least three hundred fifty (350) feet and shall not exceed eight hundred (800) feet.

b.

Blocks within one-quarter (¼) mile of the original plat of Buena Vista shall reproduce block lengths of the original town plat and shall replicate the historic pattern of the surrounding lands.

c.

The width of a block shall be sufficient to permit the depth of two (2) lots between streets.

d.

Any subdivision of a previously platted lot, including but not limited to lots created prior to the effective date of Town's subdivision regulations, shall be identified by new subdivision name and newly assigned lot(s) number, starting with the number one (1). The proposed name of the subdivision shall not duplicate or too closely approximate phonetically the name of any other subdivision.

2.

In the R-3, MU-1, MU-2, and MU-MS districts.

a.

New block lengths shall be at least three hundred fifty (350) feet and shall not exceed five hundred (500) feet.

b.

The width of a block shall be sufficient to permit the depth of two (2) lots and an alley between two (2) streets.

3.

In the R-1.5 district.

a.

New blocks shall be oriented to match the existing lot pattern in adjacent subdivisions. Rear yards of new lots shall abut rear yards and alleys, side yards of new lots shall abut existing side yards along street connections, and front yards shall abut existing streets with existing front yards of homes across the street.

b.

Alleys should be provided between the proposed lots and existing homes where feasible, at the Town Administrator's determination.

5.2.4. Public Facilities and Services.

A.

Generally. No final development and/or subdivision plan shall be approved unless public facilities and services will be adequate to support and service the area of the proposed development and/or subdivision. The applicant shall submit sufficient information and data on the proposed development and/or subdivision to demonstrate the expected impact on and use of public facilities by possible development within the subject development and/or subdivision. Public facilities and services include streets, alleys, public transportation facilities, storm water drainage, water, electric, gas, internet, street lights, sanitary sewer, and parks and open space.

B.

Adequacy Determination. The Board of Trustees shall periodically establish by resolution guidelines for the determination of the adequacy of public facilities and services based on an analysis of current growth and the amount of additional growth that can be accommodated by future public facilities and services.

C.

Relationship to Town Policies. Proposed public improvements shall generally comply with the Town's Comprehensive Plan and capital improvements plans.

D.

Offsite Improvements. All public improvements and required easements shall be extended through the parcel on which a new development and/or subdivision is proposed. Streets, alleys, waterlines, wastewater systems, drainage facilities, electric lines, and telecommunications lines shall be constructed through new development and/or subdivision to promote the logical extension of public infrastructure. The Board of Trustees or the Town Administrator may require the applicant to extend offsite improvements, provide easements to reach the development and/or subdivision, and oversize required public facilities to serve anticipated future development as a condition of plat approval pursuant to Section 5.5, Cost Recovery.

E.

Standard Specifications. Construction of streets, alleys, curb (if any), gutter, sidewalks, water distribution system, sanitary sewer system, internet, street lights, drainage system, landscaping, and other public utilities and improvements shall be in accordance with the adopted specifications, the Development and Infrastructure Manual, Town ordinances, Buena Vista Sanitation District standards, and with applicable Colorado standard specifications as promulgated by the Colorado Department of Transportation.

5.2.5. Street Design.

A.

Generally. All streets shall generally conform to existing street patterns, the current Comprehensive Plan, the Complete Streets Policy, and the Development and Infrastructure Manual. All streets proposed for dedication to the public shall be laid out, graded, and paved from curb to curb, where applicable, or from the edge of asphalt to the opposite edge of asphalt. Asphalt, drainage control, sidewalks, and buffer shall be installed on all streets according to this UDC and the Development and Infrastructure Manual.

B.

Street Connections. Street connections shall be provided to adjoining undeveloped and/or underdeveloped lands within and outside the Town to allow future development to connect to a public street system.

C.

Improvement of Existing Streets. In cases where an existing street does not meet Town specifications, such street shall be improved to meet the Town specifications for new developments located adjacent to the subject right-of-way that propose ten (10) or more dwelling units and/or ten thousand (10,000) square feet or more of nonresidential gross floor area, or subdivisions proposing ten (10) or more lots. At a minimum, the developer/subdivider shall be responsible for improving the portion of the street adjacent to the subject property to meet Town specifications.

D.

Reserved.

E.

Reserved.

F.

Cul-de-Sacs and Dead-End Streets Discouraged. The design of street systems shall use through-streets. Permanent cul-de-sacs and dead-end streets shall only be used when topography, the presence of natural features, and/or vehicular safety factors make a vehicular connection impractical.

5.2.6. Sidewalks. Sidewalks shall be installed pursuant to Section 4.2.5.A and the Development and Infrastructure Manual.

5.2.7. Alleys and Easements.

A.

Alleys. Alleys are permitted and encouraged in new developments and subdivisions in the Town of Buena Vista. Alleys shall:

1.

Be a minimum width of twenty (20) feet;

2.

Be built to the requirements of the Development and Infrastructure Manual; and

3.

Be dedicated to the Town.

B.

Easements. Utilities, drainage, trails, pedestrian ways or other public facilities located outside of street rights-of-way shall require easements for such purposes. Such easements shall be located on rear or side lot lines, unless otherwise required by individual utility providers.

5.2.8. Water Distribution. All proposed developments and/or subdivisions and all habitable buildings and lots shall connect to the Town water supply system and shall be capable of providing water for health and emergency purposes in accordance with Chapter 13 of this Code, unless otherwise agreed to by the Town.

5.2.9. Sanitary Sewage Collection. All proposed developments and/or subdivisions and all habitable buildings and lots shall connect to the Buena Vista Sanitation District sanitary sewer system, unless otherwise agreed to by the Town and the Buena Vista Sanitation District. All sanitary sewer design plans must be approved by Buena Vista Sanitation District prior to submittal of a final plat application or prior to a Town-approved construction plan for any installations of new sanitary sewer line within a previously platted right-of-way.

5.2.10. Underground Utilities. All new utilities shall be placed and maintained underground, unless determined by the Town, in its sole discretion, that extraordinary circumstances related to the physical condition of the property render undergrounding impossible. Such utilities shall be constructed within street rights-of-way or within easements dedicated for such use.

(Ord. 5 §22, 2022; Ord. 4 §§1, 60—63, 2025; Ord. 12 §§11, 12, 2025)

5.3.1. Open Space, Parks, and Trails Dedication.

A.

Applicability. Subdividers of land for residential use shall dedicate land for open space, parks, pedestrian, or bikeway use; pay a fee-in-lieu of land dedication as an open space, park, or pedestrian or bikeway development fee; or provide a combination of land dedication and fee payment pursuant to 5.3.1.B.4.

B.

Land Dedication for Residential Subdivision.

1.

Residential Subdivision. If agreed to by both the Town and the subdivider through an approved Subdivision Improvement Agreement, the subdivider may dedicate land to the Town to be used for public recreation by means of a final plat dedication or other mechanism approved by the Town. If a dedication of public land for recreation is made, the dedication shall be based upon the amount of four (4) acres for every one thousand (1,000) residents for proposed residential development, including any residential units that are part of mixed-use developments. The decision to require land to be dedicated for any new subdivision is at the discretion of the Board of Trustees at the time of subdivision platting, based upon the proposed subdivision location in relation to existing public parks and any proposed parks identified in the Town's Recreation Facilities Master Plan, the River Park Site Plan, and the Trails Master Plan.

2.

Calculations. Land dedication requirements shall be prorated based on 2.2 residents per unit.

3.

Standards for Land to be Dedicated.

a.

Lands proposed to be dedicated may be accepted by the Town if such lands help implement the Town's Recreation Facilities Master Plan, the River Park Site Plan, or the Trails Master Plan; or if they preserve valuable wildlife habitat, wetlands, or natural features of the Town.

b.

The suitability of land to be dedicated shall be determined by the applicable approval authority. Factors used in evaluating suitability will include size and shape, topography, geology, flora, fauna, access, location, and reasonable adaptability for use as a pocket park, neighborhood or community park and playground, and access to adjacent parks or bikeways.

c.

Subdividers of land containing usable connections for a proposed or existing public pedestrian or bikeway trail as identified in the Trails Master Plan, shall be asked to voluntarily dedicate to the Town such land or easement(s) as would connect or complete the trail. Land voluntarily dedicated for trail development shall be credited against any land dedication requirement otherwise imposed by this UDC.

4.

Fee Payment in Lieu of Land Dedication. With approval by the Board of Trustees, a fee may be paid in lieu of land dedication. When a fee is paid in lieu of land dedication, either in whole or in part, the applicant shall pay the Town prior to recording the final plat. The fee shall be determined by the Board of Trustees and shall be reviewed annually.

C.

Nonresidential Subdivision.

1.

Common Open Space Required. The developer and/or subdivider shall set aside land at a rate of ten percent (10%) of the proposed new development site area as common open space. Such area may be provided in the form of outdoor recreational or gathering space as approved by the Town.

2.

Characteristics of Common Open Space Areas.

a.

If provided as common open space, the following features and areas may be credited towards compliance with any required public land dedication requirements, provided they meet all other applicable standards of this Code:

i.

Natural resource and hazard areas;

ii.

Active recreational areas;

iii.

Stormwater management devices;

iv.

Formal plantings and gardens;

v.

Squares, plazas, and outdoor gathering or dining areas;

vi.

Public access easements; and

vii.

Required buffer and landscape areas.

b.

Areas used as a required common open space area shall be compact and contiguous unless a different configuration is needed to continue an existing trail or to accommodate preservation of natural features.

5.3.2. Fee Payment in Lieu of Curb, Gutter, or Sidewalk. The Board of Trustees has the authority to elect to have a fee paid in lieu of curb, gutter, or sidewalks, based upon the size of a development and/or subdivision and/or the absence of curb, gutter, and sidewalks immediately adjacent to the development. When a fee is paid in lieu of installation of curb, gutter, or sidewalks, either in whole or in part, the applicant shall pay the Town prior to recording the final plat or issuance of a building permit. The fee shall be determined by the Board of Trustees and shall be reviewed annually.

5.3.3. Tree Planting Fund.

A.

For all new development of lots within previously platted subdivisions or new subdivisions, the applicant shall plant two (2) trees per residential lot prior to issuance of a certificate of occupancy or shall pay a fee, as determined by the Town Administrator, into the Town's dedicated tree planting fund for each lot abutting a street within the development and/or subdivision.

B.

For double frontage lots, corner lots, and nonresidential lots, two (2) trees shall be planted per street frontage of such lots.

C.

The Adopt-A-Tree Program sponsored by the Town's Tree Board shall be responsible for planting the trees that are not installed by individual lot owners. That program may be used to plant trees elsewhere in Town, and those shall be planted in conformance with the requirements and standards in the Buena Vista Planting Guide. Such trees planted by the Town shall not be planted on a lot where a fee in-lieu of planting was provided.

D.

For nonresidential development, the applicant shall plant trees prior to the issuance of a certificate of occupancy based upon the landscaping requirements in effect for the site per Section 4.4.

E.

The developer/subdivider shall guarantee the survival of the trees for two (2) years from the date of planting. If the tree does not survive for two (2) years, the developer/subdivider is required to plant a new tree.

5.3.4. Contribution for Public School Sites.

A.

Purpose. Growth in residential land development and/or subdivision and the construction of new residential dwellings in the Town and Chaffee County necessitates the acquisition of additional public school capital facilities to accommodate increases in student population. Requiring land dedication or conveyance from residential development for public school capital facilities or payments in lieu of such dedication or conveyance is intended to provide a portion of the resources to meet such demand.

B.

Referral. All applications for residential subdivisions and planned unit developments creating residential dwelling units shall be referred to the Buena Vista School District R-31 for review and comment concerning impact of the development and/or subdivision on the School District and the adequacy of public school sites and facilities. If a nonresidential land development and/or subdivision application may have influence or effect on property owned by or activities of the Buena Vista School District R-31, the information pertaining to that application shall also be referred to the School District for review and comment, but no dedication shall be required.

C.

Dedication Requirement.

1.

If recommended by the Buena Vista School District R-31, the applicant shall dedicate or convey land for a public school facility to the School District based on methodology established in the intergovernmental agreement between the Town and the School District, dated the 8 ^th of February 2022, as may be amended. Otherwise, the applicant shall agree to a payment in lieu of land dedication or conveyance in an amount consistent with the Town of Buena Vista fee schedule. The applicant may elect for such amount to paid by the owner of the subject lot at the time a residential building permit is obtained. Such requirement shall be noted on the underlying plat and, if required by the Town, a separate covenant.

2.

If the contribution for public school sites includes the dedication or conveyance of land, the applicant shall provide proof that the dedication has been made to the School District. Such dedication or conveyance shall occur in a manner and on terms satisfactory to the School District and in accordance with the following requirements:

a.

Title shall be conveyed by a general warranty deed, free and clear of all liens, encumbrances, and exceptions (except those approved in writing by the School District), including, without limitation, real property taxes, which will be prorated to the date of conveyance or dedication. The land to be conveyed shall be conveyed pursuant to a contract for the sale and purchase of real property containing customary terms for the land that is being conveyed to the School District. Such conveyance may be submitted with a final plat application, but shall not be recorded until after the final plat has been recorded.

b.

At the time of dedication or conveyance, the applicant shall provide a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property. At the appropriate time, not later than the issuance of the first building permit for the land within the development and/or subdivision, the person or entity shall also pay or provide for the payment of one-half (½) of street development costs, and shall either provide, pay, or make provision for the payment of the costs associated with improvements for water, sewer, and utilities stubbed to the site, and overlot grading of the dedicated land. The applicant shall also furnish any off-site easements that the School District requires to develop the site.

c.

The lands being dedicated or conveyed to the School District shall be located and configured as directed by the School District, but shall not result in a violation of this UDC.

d.

The person or entity conveying the land to the School District shall satisfy the Town's water rights dedication requirements, as may be amended, prior to conveying the property to the School District.

D.

Exemptions. The following uses shall be exempt from the requirements of this section:

1.

Construction of any nonresidential building or structure;

2.

Alteration, replacement, or expansion of any legally existing building or structure with a comparable new building or structure that does not increase the number of residential dwelling units;

3.

Construction of any building or structure for long-term assisted living, bed and breakfast establishments; continuum of care or nursing homes; day care homes; dormitories; group homes; hotels, motels, and other forms of public lodging and boarding; halfway houses; or hospices, except where such building or structure will be used primarily to house school aged children;

4.

Construction of any residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act;

5.

The construction of accessory buildings or structures; however, accessory dwelling units are not exempt and shall pay the school fee;

6.

Construction of any low-income housing unit, on lots designated by the Town.

5.3.5. Fee Payment in Lieu of Parking. An applicant may be eligible to provide a fee in-lieu of providing parking spaces, if authorized by the Town Administrator. Such fee shall be based on the number of parking spaces that are required but not provided by the development. The Board of Trustees shall establish a fee schedule for fees in-lieu of parking. Such fee shall be reviewed annually by the Board of Trustees and updated accordingly.

5.3.6. Water Dedications.

A.

Purpose. The purpose of this Article is to ensure that new development contributes to the purchase or acquisition of water rights or to the payment of augmentation of water to offset the impact of the new development on the Town's water supply.

B.

Applicability. This subsection shall apply to all development proposed under this Article, except as provided in this subsection.

C.

Calculation.

1.

Basis for Calculation. Water dedications and fee-in-lieu payments shall be based on the potential development of the property pursuant to the development application, including, but not limited to, the uses by right under the applicable zone district, the uses proposed on the property and division of property. Each single family dwelling unit shall constitute a single family equivalent for purposes of determining the necessary water right dedication or fee-in-lieu.

2.

Multiple Developments, One Application. If a development application involves both subdivision and a site plan, the water dedication or fee-in-lieu requirement shall be calculated based the site plan portion of the application; provided, the site plan portion of the application is for the entire property. If the site plan portion of the application involves only a portion of the property subject to the subdivision application, the Town may calculate the water dedication or fee-in-lieu based on a combination of the site plan and subdivision.

3.

Effect Of Previous Annexation or Development Approval. Annexation or approval of a subdivision plat shall not exempt property from the requirements of this Article. For properties previously annexed or subdivided in compliance with this Code, submission of a new development or building permit application shall require compliance with this Article. For developments for which there is a credit for a previously-made water rights dedication or fee-in-lieu payment, such dedication or payment shall be subtracted from any additional required dedication or payment upon further development of the property.

4.

Subdivisions. Upon receipt of an application for a subdivision, Town staff shall determine the possible number of single family dwelling units based upon the zoning of the property and manner of division of the property, including, but not limited to, the number of lots.

5.

Residential Site Plans or Building Permits. Upon receipt of an application for a residential site plan or building permit, as applicable, Town staff shall determine the number of new single family dwelling units proposed by the site plan or building permit. For a residential building permit that involves a change in use or an alteration to an existing building, the owner shall only be required to dedicate water or pay a fee in lieu if the fixtures subject to the building permit application require the meter serving the subject property to be larger than the existing meter serving the subject property. The water that must be dedicated shall be the amount necessary to serve the additional demand resulting from the change in use or the alteration. The fee-in-lieu shall be the difference between the fee-in-lieu listed in the Town's fee schedule for the existing meter and the new meter.

6.

Non-Residential and Mixed Use Site Plans or Building Permits. Upon receipt of an application for a nonresidential site plan or building permit, Town staff shall determine the size and number of taps necessary to serve the development as proposed by the site plan or building permit. Upon receipt of an application for a mixed use site plan or building permit, Town staff shall determine the number of single family units and the size and number of taps for the nonresidential be equivalent to one (1) single family dwelling unit. For non-residential or mixed use building permits that involve a change in use or alteration to an existing building that requires a change in meter from ¾ inch to one (1) inch, the water that must be dedicated shall be the amount necessary to serve the additional demand resulting from the change in use or the alteration, and the fee-in-lieu shall be the difference between the fee-in-lieu listed in the Town's fee schedule for the existing meter and the new meter. For non-residential or mixed use building permits that involve a change in use or alteration to an existing building that require a meter larger than one (1) inch the water that must be dedicated shall be the amount necessary to serve the additional demand resulting from the change in use or the alteration, and the fee-in-lieu shall be per-acre-foot of new water demand as set forth in the Town's fee schedule.

7.

ADUs. The possibility of ADUs on a property shall not be considered at the time of subdivision, unless the ADU is part of site plan pursuant to subsection C(2) above. However, additional water rights dedication or payment of fee-in-lieu shall be imposed for an ADU within a subdivided property at the time of request for approval of an ADU.

D.

Water Supply Dedication or Fee in Lieu.

1.

The water supply to be dedicated shall be adequate to serve the proposed development. The fee-in-lieu of a water supply dedication to be paid shall be established by Board of Trustees. The fee-in-lieu shall be reviewed periodically by the Board of Trustees and updated accordingly.

2.

The Town shall have sole discretion to accept a dedication of a water supply, to impose conditions on such an acceptance, and to determine how much development such a dedication will support. The Town shall also have sole discretion to accept a fee-in-lieu of a water supply dedication. Dedication of water or payment of fee-in-lieu shall only be made in conjunction with a development application. No pre-payment of fees-in-lieu will be accepted by the Town.

3.

Except as set forth in subsection (4), below, dedication of an adequate water supply or payment of the fee-in-lieu shall be made to the Town prior to recording of a final plat of a major subdivision or upon application for a building permit, except as provided herein. Upon application for building permit, the Town will reevaluate the amount of dedication or payment required at the time of recording of any previous applications that included a requirement to dedicate water or pay a fee-in-lieu. Any difference between the amount of dedication or payment calculated at the time of a previous application for the development, if water was dedicated or a payment was made, and the current building permit application shall be the responsibility of the developer and shall be satisfied at the time of the application for building permit. For purposes of this Section, condominium subdivisions shall be deemed a minor or major subdivision in accordance to the classification under subsection 16.06.6.6.5.B.

4.

For minor subdivisions, the Town may accept a dedication of an adequate water supply prior to recording of the minor subdivision plat. The Town will not accept payment of fee-in-lieu prior to recording of a minor subdivision. Such payment will only be accepted at the time of building permit.

5.

For major subdivisions, subject to a public improvements agreement, the Town may, in its sole discretion, allow for the payment of a fee-in-lieu at the time for preliminary acceptance of the public improvements. If permitted by the Town, the developer/subdivider shall secure payment of the fee-in-lieu by letter of credit. The water fee-in-lieu security shall be in addition to any security required under the public improvements agreement for public improvements.

E.

Waiver. A developer may seek a waiver from the Town Administrator for ADUs which will not be used as a short-term rental for a period of at least three (3) years from the issuance of the certificate of occupancy. Such a waiver, if approved, will be recorded against the property by the Town and any use of the ADU as a short-term rental will cause the fee-in-lieu applicable to development at the time of the use of the ADU as short term rental to become due and payable immediately to the Town. The Town shall send the owner of the property a notice of assessment of the fee-in-lieu and if such payment is not made within thirty (30) days of the date of the notice of assessment, the Town is authorized to record a lien against the property for the amount of the fee-in-lieu due and certify the same to the County Treasurer, to be collected and paid over in the same manner as taxes, together with the costs of collection. Cessation of the ADU as a short term rental after receipt of the notice of assessment shall not alleviate the property owner from payment of the fee-in-lieu as required.

F.

Limitations.

1.

Consolidation of lots shall not entitle the subdivider to any credit for any fee-in-lieu.

2.

Previously dedicated water and paid fees-in-lieu are credited to the property which was the subject of the development and may not be transferred as a credit to any other property.

3.

Lots in a subdivision which are subject to the following as of the effective date of subsection 16.05.5.3.6 shall be exempt from the provisions of that subsection for a period of three years from the effective date:

a.

A final plat approved by the Town; and

b.

A valid and executed improvement agreement which requires the posting of a performance guarantee at the time of execution of the improvement agreement.

4.

Reserved.

5.

To the extent water is dedicated for development and no fee-in-lieu is required pursuant to subsection 16.05.5.3.6, the amount of single family equivalents represented by that dedication shall be indefinitely reserved for that development and shall not be subject to subsections 6, 7, and 8 below.

6.

Except as provided in subsection 7 below, for a period of ten (10) years from the initial payment of the fee-in-lieu for a major subdivision, the Town will reserve the number of single family equivalents represented by the payment based upon the calculation in subsection 16.05.5.3.6.C for use in the subject subdivision if the maintenance fee described in subsection 8 below is timely paid. Upon expiration of the reservation period, the reservation of single family equivalents shall expire. After the reservation period, if the Town lacks adequate water resources available to serve the subject property given its classification in the Town's water resource allocation policy, the Town will deny service to the subject property and accept no payment of water system development fees for connections to the Town's water system until adequate Town water resources are available to serve the subject property. Notwithstanding any reserved single family equivalent, the developer remains responsible for any increased dedication or fee-in-lieu pursuant to subsection 16.05.5.3.6.D until payment of the water system development fee is received for the subject property. No refunds shall be provided by the Town for any fees-in-lieu previously paid.

7.

Upon payment of a Town fee-in-lieu and water system development fee as part of a complete building permit application, any ten-year reservation period, as applicable to the property which is the subject of the building permit, will automatically expire and the Town shall reserve the number of single family equivalents associated with the fee-in-lieu and water system development fee for a period of eighteen months from the date the building permit is issued for use on the subject property. If a water meter to connect to the Town system the property to be served by the associated fees has not been installed within the eighteen (18)-month reservation period, the right to connect to the Town's water system represented by payment of the associated fees shall expire. The payment of a new water system development fee, but not a new fee-in-lieu, is required to obtain a right to service. No refunds shall be provided by the Town for any fees previously paid.

8.

Subsequent to payment of a fee-in-lieu pursuant to subsection 16.05.5.3.6.D, the Board of Trustees may establish a recurring maintenance fee for continued reservation of the number of single family equivalents associated with the initial payment. The maintenance fee, as established by the Board of Trustees, shall be per single family equivalent and may differ over the period of time the reserved single family equivalents remain unused for the subject property. Upon a failure to timely pay the maintenance fee, the Town shall send written notice to the developer at the most recent address provided to the Town. If no payment is made within thirty (30) days of the date of the notice, the SFEs represented by the unpaid maintenance fees shall expire and a new fee-in-lieu is required to obtain a right to any SFEs. After the expiration due to nonpayment, if the Town lacks adequate water resources available to serve the subject property given its classification in the Town's water resource allocation policy, the Town will deny service to the subject property and accept no payment of a fee-in-lieu for connections to the Town's water system until adequate Town water resources are available to serve the subject property. No late payments will be accepted more than thirty (30) days after the date of the written notice described in this subsection. Upon issuance of a certificate of occupancy, the future maintenance fee obligations for that single family equivalent represented by the certificate of occupancy shall no longer be due to the Town. No refunds, or partial refunds, shall be provided by the Town for any maintenance fee previously paid.

9.

The Board shall assess and allocate the number of water connections available for development based upon Board of Trustees' determination of how best to manage the Town's water supply, taking into consideration long-term and short-term water and development planning. Such allocation shall be considered an administrative act and adopted by resolution of the Board of Trustees. The allocation may be based on type of development, certain development characteristics, priority areas for development, contractual obligations of the Town, reservations of water connections as outlined in subsections 5, 6, and 7 above, or categories which the Board of Trustees determines are in the best interests of the Town. Staff shall follow water allocation policy when reviewing applications for development and assessing the availability of water for the development.

(Ord. 11 §1, 2019; Ord. 5 §2, 2021; Ord. 8 §§1, 2, 2021; Ord. 14 §§1—3, 2022; Ord. 16 §§6, 7, 8, 2023; Ord. 22 §§1—3, 2024)

5.4.1. Applicability.

A.

Subdivision Applicants. All applicants granted subdivision approval, or approval of public improvements deemed necessary to comply with required adequate public improvements, shall timely, completely, and satisfactorily construct or install all public and other required subdivision improvements and infrastructure as called for in this UDC and or as may have been specified as a condition of approval. All improvements and infrastructure intended for public use shall be dedicated and/or transferred to the Town free of all liens and encumbrances.

B.

Governmental Units. Governmental units to which these contract and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agencies authorized to act on their behalf, agreeing to comply with the provisions of this UDC.

5.4.2. Public Improvements Agreement and Guarantee. No final plat shall be executed by the Town and no building permits shall be processed or issued for any lot or property within a subdivision involving or requiring the installation of public or other subdivision improvements absent the preparation and execution of a written public improvements agreement which shall be recorded simultaneously with the final plat.

A.

Contents of Agreement. Such agreement shall, at a minimum, set forth:

1.

Construction specifications for required public improvements;

2.

A construction and completion schedule;

3.

An engineer's estimated cost of public improvements, as approved by the Town;

4.

Provide for security and guarantees concerning the timely and satisfactory completion of the improvements; and

5.

Identify the terms and conditions for the acceptance of the improvements by the Town.

B.

Timing of Agreement. The public improvements agreement shall also include a requirement that all improvements be maintained by the developer/subdivider at the cost of the developer/subdivider until such improvements have been fully accepted by the Town.

C.

Agreement to Run with the Land. A public improvements agreement shall run with the land and bind all successors, heirs, and assignees of the developer.

D.

Security. Public improvements agreements shall include a requirement for the posting of adequate financial security to insure the timely, complete, and satisfactory construction or installation of all public improvements and infrastructure as called for in the agreement.

1.

Amount of Security. Security shall be in an amount not less than one hundred fifteen percent (115%) of the estimated cost of completion of all improvements or infrastructure and may be provided by letter of credit, cash escrow, or other financial instrument as approved by the Town within its sole discretion.

2.

Letter of Credit. If a developer/subdivider posts a letter of credit as security, it shall:

a.

Be irrevocable;

b.

Be for a term, inclusive of renewals, sufficient to cover the completion, maintenance and warranty periods as required in Section 5.4.2.B; and

c.

Require only that the Town present the letter of credit with a demand and an affidavit signed by the Town Administrator attesting to the Town's right to draw funds under the letter of credit.

3.

Cash Escrow. If a developer/subdivider posts a cash escrow, the escrow instructions shall provide:

a.

That the developer/subdivider shall have no right to a return of any of the funds except as provided in Section 5.4.2.D.4; and

b.

That the escrow agent shall have a legal duty to deliver the funds to the Town whenever the Town Administrator presents an affidavit to the agent attesting to the Town's right to receive funds, whether or not the developer/subdivider protests that right.

4.

Reduction of Security.

a.

Upon preliminary acceptance of a public improvement or public infrastructure, the Town shall release all but fifteen percent (15%) of total actual costs of construction and installation of all improvements, so long as the developer is not in default of any provision of the public improvements agreement.

b.

The residual fifteen percent (15%) retained by the Town shall act as security for the developer's/subdivider's guarantee that the public improvements and infrastructure remain free of defect during the applicable warranty period. The developer/subdivider may at any time during the preliminary acceptance or warranty period offer to provide a substitute or supplemental form of financial security to that security as originally posted with and/or retained by the Town. The Town may accept substitute or supplemental forms of security in its sole discretion.

5.4.3. Temporary Improvements. The applicant shall build and pay for all costs of temporary improvements required by the Board of Trustees or Town Administrator and shall maintain those temporary improvements for the period specified by the Board of Trustees. Prior to construction of any temporary facility or improvement, the developer/subdivider shall file with the Town a separate public improvements agreement and a letter of credit or cash escrow in an appropriate amount for temporary facilities, which agreement and credit or escrow shall ensure that the temporary facilities will be properly constructed, maintained, and removed.

5.4.4. Special Districts.

A.

Required public improvements shall be made by the developer/subdivider, at its expense, without reimbursement by the Town or any improvement district except that, as may be allowed under state law, the developer/subdivider may form or cause to be formed a special district or districts to construct and finance the construction of required public improvements excluding lot improvements on individual lots.

B.

If the developer/subdivider does form or cause to be formed a special district for the purposes identified in this section, the Town shall not release the developer/subdivider from its obligations under any public improvements agreement nor shall the Town release any security, in whole or in part, until the special district has sold bonds or otherwise certifies to the Town that it has an absolute right to raise revenues sufficient to construct, maintain, and warrant the quality of the required public improvements.

5.4.5. Failure to Complete Improvements.

A.

For developments/subdivisions without an executed agreement or security, improvements shall be completed within a period specified by the Town, or the associated development/subdivision application approval shall be deemed to have expired.

B.

In those cases where a public improvements agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the Town may:

1.

Declare the agreement to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the agreement is declared to be in default;

2.

Suspend or revoke authorization for subdivision, including without limitation suspension or revocation of previously issued building permits and suspend issuance of further building permits until the improvements are completed and record a document to that effect for the purpose of public notice;

3.

No certificate of occupancy shall be processed or issued by the County for any lot or building within a development prior to the complete and satisfactory installation of all development improvements or infrastructure required to serve such lot or building, and the payment of any and all development fees then due to the Town by the developer/subdivider.

4.

Obtain funds under the security and complete improvements itself or through a third party;

5.

Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete improvements in the subdivision; and/or

6.

Exercise any other rights available under the law.

5.4.6. Acceptance of Dedication Offers. The acceptance of streets, parks, easements, or other public areas dedicated to the Town other than by appropriate dedication language on a final plat shall be by resolution adopted by the Board of Trustees.

5.4.7. As-Built Plans Required. As-built plans shall be submitted to the Town prior to final acceptance of facilities or improvements by the Town. Such plans shall:

A.

Include detailed and accurate information on all improvements completed as part of a project and meet the requirements provided in the Development and Infrastructure Manual.

B.

Be submitted upon completion of all work within a phase of the subdivision, and as-built plans shall be received before preliminary acceptance of that phase.

C.

Be submitted before preliminary acceptance of improvements. Such plans shall be stamped "As-Builts" and shall be signed by a registered professional engineer.

D.

Shall be submitted as a digital drawing format acceptable to the Town, two (2) sets of prints, and reproducible Mylar and shall become property of the Town of Buena Vista and a part of permanent Town records.

E.

A developer/subdivider shall maintain all development improvements and infrastructure, until final acceptance of the improvements for maintenance by the Town. Removal of snow from streets shall be the responsibility of the Town following preliminary acceptance. Prior to final acceptance, the Town, upon reasonable notice to the developer/subdivider, may undertake emergency repairs to any improvement or infrastructure as deemed necessary by the Town, and charge the reasonable costs of such repairs to the developer/subdivider. The Town may make demand and draw upon security posted by the developer/subdivider for any improvement or infrastructure in order to recover its costs in maintaining or repairing same. The developer/subdivider shall be responsible for requesting a final inspection of all public improvements at the end of the two-year warranty period. When the Town finds that the public improvements meet Town requirements, the Town shall by way of a written letter to the developer/subdivider acknowledge acceptance of the public improvements.

5.4.8. Inspection of Improvements. The Town shall provide for inspection of required improvements during construction to ensure their satisfactory completion. The developer/subdivider shall pay the Town the reasonable cost incurred by the Town in conducting such inspections. These costs shall be due and payable upon demand of the Town and no building permits or certificates of occupancy shall be issued until all costs are paid. If the Town Engineer finds upon inspection that any required improvement has not been constructed in accordance with the Town's construction standards and specifications, the applicant shall be responsible for correcting or properly completing the improvement.

(Ord. 5 §15, 2019; Ord. 4 §§64—66, 2025)

5.5.1. Purpose.

A.

These standards are intended to ensure that development pays its own way and does not require the citizens of the Town to bear the costs of constructing public improvements for new development and/or subdivision.

B.

These standards provide a methodology for addressing cost recovery for developers/subdividers required to construct oversized public improvements.

C.

These standards reflect the Board of Trustees determination that the expansion of land use and development and/or subdivisions within the Town results in impacts on public facilities and improvements and necessitates the construction and expansion of new public facilities, improvements, and services, including arterial and collector streets and bridges; water and sewer facilities; schools; pedestrian areas; community and neighborhood parks; emergency services; drainageways; parking facilities; and other Town facilities, improvements, and services.

5.5.2. Applicability. The Town may require, as a condition of any approval required for development and/or subdivision pursuant to Article 16.06: Review Procedures, the construction, installation, and dedication of additional public improvements that are reasonably necessary for the orderly and logical extension of Town facilities and services.

5.5.3. Methodology for Recovery of Costs of Public Improvements.

A.

Methods, Generally. Methodology for cost recovery may include comparative area or distance of a subdivision or development benefited by a public improvement, comparative population or housing density of the subdivision or development benefited by the public improvement, the trip generation rate, or other methodology for calculating approximate use of the public facilities, and such other methods as the Town may establish from time to time that are based upon the reasonable benefit conferred on a subdivision or development by a public facility.

B.

Alternative Methodology.

1.

In the event the Town determines that a subdivision or development is reasonably benefitted more than under the minimum recovery methods above, the Town may calculate an alternate method to determine reasonable benefit and recovery costs for a subdivision or development, provided that there shall be recovered no more than one hundred percent (100%) of the costs of public facilities, plus applicable interest.

2.

This Section 5.5 shall not be construed to limit the power of the Town to use any other lawful method for accomplishing the financing of public improvements for lands that will be reasonably benefited.

C.

Types of Costs Allowed.

1.

Generally. As part of an approval for any site plan, special use permit, or subdivision, the Town may determine the public facilities, improvements, and services that are reasonably necessitated by and that are of reasonable benefit to the land being developed. The Town shall have authority to establish and administer a program to recover from benefitted property owners the costs incurred by the Town or other party in providing those public facilities, improvements, and services, which may include without limitation:

a.

The cost of right-of-way acquisition and construction of streets, including traffic signals, street lights, and traffic signs.

b.

The cost of sanitary sewer and water treatment and transmission facilities and service.

c.

Costs incurred for the acquisition, construction and servicing of drainageways.

d.

The cost of locating or relocating above-ground or underground utilities.

e.

Costs incurred for the acquisition, development, and furnishing of neighborhood and community parks, public open spaces, pedestrian walkways, bikeways, and other recreational facilities in excess of normal development requirements.

f.

Costs incurred for the acquisition, development, construction, and furnishing of such other Town facilities or services the Town determines are reasonably necessary to serve, and of reasonable benefit to, new development.

2.

Water Mains. The owner or developer/subdivider of property abutting a water main constructed and paid for by another party shall pay a proportionate share of the costs determined by dividing one-half (½) the total cost of the main by the total length of the main and multiplying the resulting quotient by the number of lineal feet of property abutting the main.

3.

Street Improvements. The owner or developer/subdivider of property abutting a street constructed and paid for by another party shall pay a proportionate share of the cost of such street, determined as follows:

a.

The owner or developer/subdivider shall be required to pay fifty percent (50%) of the cost of the improvements, including street pavement, sub-base, storm sewer and other appurtenances, right-of-way costs, curbs, gutters, sidewalks, and acceleration and deceleration lanes adjacent to the development/subdivision.

b.

All drainage and other conduit structures constructed as an integral part of the street shall be considered to be street improvements, and the cost of those facilities may be allocated using the same method as allocating the cost of street improvements. The calculation of recovery costs for other drainage facilities, including storm drainage facilities that are not an integral part of the street construction, shall be established on a case-by-case basis, using a method based upon reasonable benefit to the property. Drainage facilities shall comply with the Town's minimum standards on storm drainage facilities to be eligible for cost recovery consideration.

D.

Costs Not Allowed. Costs for the administration of contracts, license fees, attorney fees, overhead, and other administrative, indirect costs shall be considered the cost of doing daily business and shall not be included in recovery costs.

E.

Amount and Distribution of Recovery Costs. Recovery costs shall be administered pursuant to 5.5.3.F.4 and the following:

1.

Where the construction of the improvement or facility has been financed in whole or in part by a property owner or owners, and the financed amounts exceed the amount of benefits the owner or owners will realize from the improvement or facility so financed, the Town shall assume or recover the amount of such excess costs and reimburse the financing owner or owners to the extent the amount financed exceeds the benefits received.

2.

The Town shall collect from the owners of benefitted properties the amount determined by the Town to be reasonable and in proportion to the benefits to such properties. From that collection, the Town shall reimburse the party who constructed and/or installed the public facility.

F.

Written Agreements for Cost Recovery.

1.

Cost Recovery Integrated with Public Improvements Agreement. Any agreement between the Town and a developer/subdivider for cost recoveries shall be set forth in the developer's/subdivider's public improvements agreement pursuant to Section 5.4, Public Improvements Agreements.

2.

Content of Agreement. In connection with the construction of any improvement or facility by a developer/subdivider pursuant to this Section, the Town and such developer/subdivider may enter into a written agreement concerning the construction and the developer's/subdivider's rights of cost recovery, if any, as follows:

a.

Such agreement may include a provision for simple interest.

b.

The Town shall require that the developer/subdivider or his successors notify the Town in the event that there is a change in the payee of recovery fees collected for disbursement by the Town. Such notice shall be provided no later than thirty (30) days after the effective date of the change in payee. Such notification shall include the new payee, the new payee's address, a description of the event resulting in the change of the payee, and the effective date of the change in payee. The notice shall be signed by an individual with legal authority to bind the transferor. The Town shall send collected recovery fees to the payee of record, as set forth in this paragraph 2. If, due to lack of notice by the payee, the Town is unable to ascertain the identity or location of the payee within sixty (60) days after receipt of the recovery fees, such fees shall revert to the Town, and the Town may declare the agreement terminated and deposit the undisbursed recovery fees in the Town's related funds.

c.

Such agreement shall include a listing of those properties to be charged with cost recovery for the improvement(s), which list shall be provided by the developer/subdivider beneficiary with the final plat. The developer/subdivider shall also provide within the same time period a cost estimate of the improvements.

3.

Recordation of Agreement. The Town shall review and approve for recording all such agreements that include provisions for cost recovery for the benefit of private developers/subdividers. It shall be the responsibility of the developer/subdivider to record such agreements, and any effect on the developer's/subdivider's ability to recover costs, pursuant to the developer's/subdivider's failure to appropriately record such agreement or include a sufficient legal description for the properties to be charged with cost recovery, shall be the sole responsibility of the developer/subdivider. All agreements or ordinances created in connection with the construction of public improvements for which costs have been allocated pursuant to this Section shall be recorded with the Office of the Chaffee County Clerk and Recorder as a matter of public record.

4.

Administration of Cost Recovery Agreements. The Town's duty and liability in connection with the administration of a cost recovery agreement pursuant to this Section shall be limited as follows:

a.

The Town shall exercise reasonable care to collect such amounts due the developer/subdivider, but the Town shall not be responsible or liable for any amounts not actually paid to the Town by the responsible party. The developer/subdivider shall have no cause of action against the Town, other than to recover any amounts actually collected and on deposit with the Town.

b.

The Town shall not be deemed to be acting as an agent or fiduciary of the developer/subdivider or the responsible party. It shall be the exclusive responsibility of the developer/subdivider to monitor and enforce the payment provisions of the agreement.

c.

In the event of non-payment by a responsible party, the developer/subdivider, in its capacity as principal third-party beneficiary of the agreement, shall have as its exclusive remedy the right to bring a cause of action against the defaulting responsible party.

d.

The limitations set forth above shall be deemed as incorporated into every cost recovery agreement to be administered by the Town.

5.5.4. Town Contribution. Under certain circumstances and in its sole discretion, the Town may choose to contribute to the costs of construction of public improvements or provide incentives to offset the costs of public improvements in cases of preferred developments, including, but not limited to, permanent affordable housing.

5.5.5. Inclusion of Recovery Costs in Subdivision Applications. Subdivision applications shall contain a section entitled "Recovery Costs," which shall contain a list of the public facilities previously constructed on which the proposed subdivision will be required to pay recovery costs and the areas of benefit, if applicable, and the Town recording information for the ordinance and agreement that established the recovery costs. The owner of proposed subdivision shall also be responsible for any recovery costs established subsequent to the approval of the application. However, no recovery cost obligation shall be invalid against a subdivision if it is undiscovered and/or inadvertently omitted from the application.

5.5.6. Recordation and Lien. From the date of recording of any cost recovery agreement for developer/subdivider-constructed public improvements, each of the records shall create a first and prior lien upon the properties benefited in the amount of the costs of the public facilities determined by the Town attributable to the property. At its discretion, the Town may allow the lien to become junior to the lien of deed(s) of trust executed by the landowners to secure loans to finance the construction of public facilities on the property.

5.5.7. Timing of Payment of Recovery Costs. All recovery costs shall be due and payable at the time of the recording of a final plat for the applicable property, or at such time as application is made for a building permit or water tap for the applicable property, whichever occurs first. The Town may withhold building permits or water service on property within the area of benefit until recovery costs are paid. In the event an owner desires to proceed with development of a portion of his property based on a phased development and/or subdivision plan, the owner may proceed after paying that portion of the recovery costs and making provision for payment of the remainder satisfactory to the Town.

5.5.8. Termination of Recoveries. Upon receipt of an application by an owner previously entitled to receipt of cost recoveries or on its own motion, the Town may terminate a recovery for a public improvements, if the costs of the public improvements have been substantially recovered, if the project may be more effectively financed by another method, or for such other good cause as the Town may determine. In no event shall the cost recovery period last longer than ten (10) years.

5.6.1. Purpose. The purpose of this Section is to provide a mechanism for the Town to encourage infill development while requiring the construction and/or installation of public improvements and infrastructure that are absent from the property and to ensure compatibility with infrastructure which may already exist in the vicinity of the infill development.

5.6.2. Applicability. This Section shall generally apply to infill development. The Town Administrator, in his or her sole discretion, shall determine whether development qualifies as infill development.

5.6.3. Methodology for Infill Infrastructure. The Board of Trustees shall adopt policies and/or guidance to assist the Town Administrator in determining the type of infrastructure required for infill development. The determination of the type of infrastructure required shall be made in the sole discretion of the Town Administrator.

5.6.4. Public Improvements Agreement. As a condition of approval of the development, the Town may require the developer to enter into a public improvements agreement. Such public improvements agreement shall follow Section 5.4. Such agreement shall run with the land and bind all successors, heirs, and assignees of the developer.

(Ord. 17 §2, 2018; Ord. 4 §67, 2025)