The purpose of this Article is to ensure that the needs of different land use types in the City are met with respect to regional, local, and on-site infrastructure, to cooperate with other agencies, to promote sound local and regional planning and development, and to ensure that new development provides its proportionate fair share of regional improvements for public parks, public schools and other public purposes to the extent that the facilities will serve the future occupants of new development.

A.

Generally. This Article applies to applications for approval of a rezoning, planned unit development, site plan, or plat as provided herein.

B.

Adequacy of Regional Facilities.Division 10-2, Adequacy of Regional Facilities, establishes standards for when regional facilities that serve more than one development (of any type) must be upgraded to address new impacts from new development or intensification of existing development. The timing and scope of traffic studies shall be in accordance with the City of Centennial Guidelines for Traffic Impact Studies. Evaluation of facilities other than street infrastructure shall be undertaken as follows:

1.

For rezoning applications, the analysis shall examine the existing impacts of the site, the maximum impacts of the site under its existing zoning, and the maximum impacts of the site under its proposed zoning.

2.

For planned unit development (preliminary development plans), site plan or plat application, the analysis shall examine the existing impacts of the site compared to the proposed impacts of the site. An analysis that is completed for a development approval need not be repeated for subsequent approvals necessary to build the approved development program for which analysis was undertaken, unless:

a.

The approved development is modified in a way that alters its impacts, or

b.

The existing demands on the facilities are materially different at the time of subsequent application than they were at the time of the initial analysis; or

c.

Subsequent analysis is required by development agreement or as a condition of approval.

C.

Park, School, and Public Land Dedication Requirements.

1.

Generally. Park, school, and public land dedication shall be provided by the owner or subdivider of land when the approval of the plat or site plan (dedications are required at the site plan stage if the dedication is made in the form of a fee in lieu and the development is of a type that does not require a plat) is related to an approval for new dwelling units for which dedications have not been made. For example, the approval of a plat for purpose of creating new residential lots (and not for the purposes of reconfiguring or combining residential lots in a manner that does not change the number of dwelling units that can be constructed); or the approval of a plat for the purpose of creating a residential condominium which will allow for the development of new dwelling units would each require dedications pursuant Division 10-3, Dedication of Land and Improvements, Fees in Lieu.

2.

Exceptions. The dedication requirements of Division 10-3, Dedication of Land and Improvements, Fees in Lieu, apply only to new dwelling units, and do not apply to replacement dwelling units.

D.

Public Improvements.

1.

Duty to Provide. As a condition to any approval of a rezoning, planned unit development, site plan, or plat, the City requires the dedication of right-of-way, utility easements and other lands for public use and the construction and installation of such public improvements as the City may deem are reasonably necessary to address such impacts as may be caused by a proposed development on public facilities and services.

2.

General Requirements. No plat shall be approved or building permit issued unless there is adequate provision for and dedication of public improvements necessary to serve the development, including but not limited to the following:

a.

Paved, improved streets complete with curb, gutters, and sidewalks, which shall be designed and constructed in accordance with the Roadway Design & Construction Standards Manual and with the Americans With Disabilities Act;

b.

Water mains, fire hydrants, valves and other appurtenant devices in such number, quantity, and dimension as will provide adequate service to the site being developed;

c.

Sanitary sewer mains, manholes, and sewer system appurtenances in such number, quantity, and dimension as will provide adequate service to the site being developed;

d.

Storm sewers, detention and retention facilities, channels, culverts, and attendant structures in such size and location as will provide adequate service to the site being developed and as may reasonably be required by the City and SEMSWA;

e.

Natural gas mains, telephone, cable and electric lines, and other utilities, and associated facilities, as will provide adequate service to the site being developed;

f.

Street lighting and associated appurtenances necessary to serve the fully developed project;

g.

Traffic control devices necessary to serve the fully developed project;

h.

Public amenities such as street benches, bicycle racks, trash receptacles;

i.

Landscaping, including street trees;

j.

Rights-of-way and easements as may be required by the City to adequately accommodate placement and maintenance of the above-listed public improvements; and

k.

Survey monuments at such subdivision boundary points as may be required by the City and state law to verify the lines and points defined by a final plat.

3.

Construction of Improvements. The design, installation, construction and maintenance of all public improvements shall comply with all applicable City regulations, ordinances, design criteria, and manuals, and in accordance with the approved construction drawings and specifications.

A.

Generally. All applicants for development approval shall provide evidence that sufficient regional improvements are available or can be made available to serve the proposed development at the time its impacts are created. For property zoned for residential uses, the evidence must show that, in addition to the adequacy of regional infrastructure improvements, the applicable school district has the capacity to serve the student population expected to be generated from the development.

B.

Effect on Application for Development Approval.

1.

If the applicant cannot demonstrate that adequate regional improvements are or will be available to serve proposed development at the time the impacts of the development are realized, the Director shall:

a.

For applications that are otherwise subject to administrative process, refer the application to the Planning and Zoning Commission.

b.

For other applications, report to the Planning and Zoning Commission regarding the status of regional improvements and the deficiency that the application is projected to create.

2.

The Planning and Zoning Commission may restrict or postpone approval and the issuance of any new building permits until the required regional improvements/facilities are provided or committed, as set out in Subsection C., below.

C.

Restrictions. The restrictions allowed by this Section may consist of any action or combination of actions which the decision-maker finds will sufficiently provide for the particular regional improvements before the impacts of the subdivision create or unduly exacerbate the need for the improvement.

1.

The restrictions may include any of the following:

a.

Postponement of approval of subdivision plats not yet approved; or

b.

The imposition of conditions upon approval of the subdivision; or

c.

Restrictions or limitations on the issuance of (or timing of issuance of) building permits or certificates of occupancy; or

d.

The assessment of fees and charges as needed to equitably provide for the cost of the regional improvements; or

e.

Required pro-rata contributions toward the cost of the regional improvements prior to approval or permit issuance; or

f.

Any combination of the above, with the calculation based upon the benefit to the subdivision and the need created or exacerbated by the subdivision.

2.

The decision-maker may impose restrictions upon the issuance of building permits or certificates of occupancy for lots in subdivisions approved without conditions or requirements related to the particular regional improvements, in accordance with the City's Building Permit Referral Policy.

3.

The decision-maker may remove these restrictions upon the agreement of a special district or other responsible party to construct the needed regional improvements, on a sound and reasonable construction schedule and funding proposal.

D.

When Evidence Required. All applications for rezoning, site plan, or plat approval must include evidence addressing regional improvements.

A.

Generally. New development, redevelopment, changes in use, or expansions to existing development that are likely to result in additional peak hour or daily vehicular trip generation (compared to the existing condition) in excess of the thresholds set out in the Roadway Design & Construction Standards Manual shall submit a traffic study according to the methodologies of the Roadway Design & Construction Standards Manual.

B.

Thresholds. Traffic studies may be waived if the criteria noted in the Roadway Design & Construction Standards Manual are met.

C.

Methodologies. Traffic studies shall be prepared in accordance with the methodologies required by the Roadway Design & Construction Standards Manual.

D.

Updated Traffic Study Required. An updated traffic study may be required in accordance with the Roadway Design & Construction Standards Manual.

E.

Conditions of Approval. The decision-maker may condition the approval of proposed development on the maintenance of the level of service standards for streets that will be impacted by the development. The decision-maker may authorize phased development that ties required street, intersection, access, signalization, or other improvements necessary to maintain LOS to the timing and level of development proposed for each phase.

A.

Generally. The method to determine the amount of land to be dedicated by an applicant for approval of residential development shall be based upon the general population or the number of students expected to be generated at the time of completion of the development (at which full occupancy is assumed), depending upon the type of dedication, and determined in accordance with the standards set forth in this Section.

B.

Population and Student Generation Factors. Where the requirements of this Section involve calculations based on the population or student generation of new development, the per dwelling unit factors set out in Table 12-10-301, Population and Student Generation Factors, shall be used in the calculations:

C.

Dedications for Parks and Other Public Purposes.

1.

Generally. In general, the following land areas shall be dedicated for parks and other public purposes:

a.

Public Parks: 6 acres of dedicated land per 1,000 projected residents in the proposed development; and

b.

Other Public Purposes (including, but not limited to, libraries, multipurpose pathways, fire stations, public buildings, and other similar facilities): 0.25 acres of dedicated land per 1,000 projected residents in the proposed development.

2.

AC Districts. In the AC district, the requirements of subsection C.1., above, shall be reduced by 50 percent. Townhome units shall be counted as 7.50 d.u./acre to 14.99 d.u./acre of development, and multifamily units and live-work units shall be counted as 15.00 d.u./acre and above.

3.

UC Districts. In the UC district, the general requirements of subsection C.1., above, shall be used to calculate total dedication requirements, and the numbers for residential density of 15.00 d.u./acre and above set out in Table 12-10-301, Population and Student Generation Factors, shall be used. After the calculation is made, the dedications required by Section 12-4-303, General Project Design Requirements, shall be counted as the higher of:

a.

Their actual land area; or

b.

Seventy-five percent of the total dedication requirements.

D.

Dedications for Public Schools.

1.

Generally. The land area required for public school dedications is 0.0260 acres per student. (This is based on the total land area required for elementary, middle, and high schools divided by the total number of students, or 81.25 acres divided by 3,125 students. It is assumed that elementary schools require 11.5 acres for 650 students, middle schools require 21.75 acres for 675 students, and high schools require 48 acres for 1,800 students.)

2.

AC and UC Districts. Development in AC and UC districts shall be counted as follows:

a.

Townhome units shall be counted as 7.50 d.u./acre to 14.99 d.u./acre of development.

b.

Multifamily units (including residential-over-retail) and live-work units shall be counted as 15.00 d.u./acre and above.

3.

Exemptions. No public school dedications are required for:

a.

Continuing care neighborhoods; or

b.

Other housing products that are deed-restricted for occupancy only by people who are 55 years of age or older.

A.

Land Suitability and Infrastructure Improvements.

1.

Evaluation of Suitability. The entity or department eligible for the land dedication shall evaluate land suitable for dedication and provide written comments to the Director prior to the final plat approval. Land may also be excluded when the Director determines that the land is unsuitable for development purposes and/or does not meet City requirements.

2.

Required Improvements to Dedicated Land. The owner or subdivider shall install:

a.

Street, sidewalk and drainage improvements to serve the dedicated site; and

b.

Sanitary sewer and potable water lines to the site as required by Division 11-3, Utilities.

3.

Timing of Improvements. Public improvements and sewer and water line extensions shall be provided to dedicated land at the time when improvements are installed to serve the nearest private lots in the development, or as provided for in conditions of development approval, and the timing and specification of the improvements shall be included within the subdivision improvement agreement (prior to the effective date), or public improvement agreement for the development.

4.

Condition of Dedicated Land. The site shall be preserved in its natural physical condition, unless an alternative condition is set out in a condition of approval, subdivision improvement agreement (prior to the effective date), or public improvement agreement.

5.

Effect of Acceptance of Improvements. Once improvements have been installed and accepted, the school district, park district or other public entity shall be responsible for the repair of any damage to such improvements caused during construction on such dedicated sites.

B.

Land for Specific Regional Improvements. A determination of land suitability for particular regional improvements will include the following:

1.

Land for Public Parks. Land for public parks shall:

a.

Be without geologic hazards or environmental contamination including, but not limited to, hazardous waste or hazardous materials;

b.

Have appropriate access for pedestrian use with limited parking; and

c.

Be strategically located as a link between other open space areas and parklands.

2.

Land for Public Schools. Land for public schools shall:

a.

Be without geologic hazards or environmental contamination including, but not limited to, hazardous waste or hazardous materials;

b.

Be located exclusively outside of the floodplain;

c.

Have slopes that are no greater than 5 percent;

d.

Be approved by the applicable school district for public school purposes; and

e.

Have access to a public street of suitable classification (e.g., collector or arterial).

3.

Land for Other Public Purposes. Land for other public purposes shall:

a.

Be without geologic hazards or environmental contamination including, but not limited to, hazardous waste or hazardous materials; and

b.

If it includes any area in the floodplain, the area credited for the public improvement is not more than 5 percent of the floodplain.

A.

Generally. If the decision-maker determines that the acreage required by Section 12-10-301, Calculation of Land Dedication Requirements, for schools, parks or other public purposes is too small to be viable or desirable or cannot be integrated into the development, then the owner/subdivider shall be required to pay a sum of money to the City of Centennial, Colorado, in lieu of the land dedication requirement.

B.

Land Value.

1.

Generally. On the Effective Date of this LDC, the assumed value of land that is required to be dedicated pursuant to this Division is $40,000 per acre. This amount may be modified by resolution of the City Council on an annual basis.

2.

Request for Reduction in Assumed Value. Applicants may provide evidence that the market value of their land is less than the assumed land value established by this Section by submitting an appraisal from an MAI ("Member of the Appraisal Institute")-certified appraiser of the developable portion of the property which is the subject of the application. The appraisal shall state the fair market value of such property assuming that the final plat (or, if not plat is required, site plan) is approved, assuming that the dedicated site is improved with the public improvements and water and sewer facilities required for such dedicated sites. The appraisal shall otherwise comply with all form and content requirements for appraisals established by the City Attorney's Office, if any. The decision-maker shall review and approve the appraisal if it finds it to be credible. If the decision-maker rejects the appraisal, then the assumed land value shall be applied.

C.

Formula for Fees-In-Lieu. The fees-in-lieu shall be calculated as the Land Value per Acre times the Required Acres of Dedicated Land, where Land Value per Acre is calculated as set out in subsection B., above, and Required Acres of Dedicated Land is calculated as provided in Section 12-10-301, Calculation of Land Dedication Requirements.

D.

Mix of Dedication and Fees-In-Lieu. As an alternative to the requirements of this Section, the City may require a combination of land and fees-in-lieu. Land that is dedicated shall not be included in the calculation of the fees-in-lieu.

A.

Generally. Where parks are provided in a proposed subdivision and are to be privately owned and maintained by the future residents of the subdivision for the mutual use and benefit of said residents, such land area and/or improvements may be credited against the park requirements set forth in this Division, provided the City Council finds that it is in the public interest to do so, and that the following standards are met:

1.

That the private ownership and maintenance of said land area is adequately provided for by written agreement;

2.

That the proposed land area is reasonably adaptable for use for park and recreation purposes. Reasonably adaptable may include but not be limited to, sufficient size, accessibility, location, topography, drainage and soil capacity, and the absence of hazardous wastes;

3.

That the facilities proposed for said land areas are in substantial accordance with the provisions of this Division, and are approved by the City Council. All park improvements shall comply with the applicable requirements of Article 8, Development Landscaping and Tree Protection.

B.

Amount of Credit. If the City Council determines that privately owned park lands are appropriate to receive credit against the requirements of this section, the amount of credit to be allowed shall not exceed 35 percent of the requirement, and additional funds shall be paid to the City, or additional lands shall be dedicated to the City, or a combination of land and funds shall be provided to the City to fulfill the requirements of this Division based on the needs and recommendations of the affected park district and other affected government entities.

C.

Annotations. If the City Council approves such private parks the following notes shall be added to the Plat or, if no plat is required, site plan, and, if the development is a planned unit development, to the final development plan:

1.

The private park site as shown on this plan or plat shall be maintained in perpetuity by the owner(s), homeowners association, and/or entity other than the City of Centennial.

2.

Building permits will be issued for only one-half of the approved development until the park facilities have been installed in accordance with the approved site plan.

3.

When a development consists of only one buildable lot, the private park shall be installed prior to the certificate of occupancy.

A.

Generally. The timing and use of dedications and payments of fees-in-lieu shall be according to the requirements of this Section. Land areas to be designated for land dedication required by this Division shall be determined at the time of the plat or site plan approval. If required by the City Council, public land dedication or payment-in-lieu thereof should be given prior to or at the time of recordation of the plat.

B.

Conveyances to School Districts.

1.

Two school districts serve Centennial residents: Cherry Creek School District No. 5 and Littleton School District No. 6. Dedications shall be held in trust by the City for conveyance to the school districts for facilities that serve the proposed development.

2.

Public lands to be designated for use as school sites shall be negotiated directly between the Owner/Subdivider and the appropriate school district, subject to the approval of the City Council. The amount of land to be dedicated for school purposes shall be in compliance with the requirements of this Division.

3.

The City Council may approve direct conveyance of dedications to the applicable school district, but may also hold land in trust for the school district. Proof of direct dedications or payments shall be provided to the City.

C.

Conveyances to Other Districts. Public land dedication for public parks and other facilities shall be negotiated with the applicable service district, and, if approved by the City Council, may be given directly to the City (to be held in trust for the intended use) or district, as determined by the City Council.

D.

Use of Funds by the City of Centennial.

1.

The City Council shall hold the funds paid to the City for:

a.

The acquisition of reasonable sites and land area for parks, fire stations, libraries or other public purposes as determined necessary by the City Council;

b.

Other capital outlay purposes for parks to serve the proposed subdivision and future residents thereof as determined necessary by the City Council;

c.

The development of sites and land areas for park purposes or other purposes as determined necessary by the City Council that will serve the residents of the proposed development to a degree that is proportional to their contribution.

2.

After receipt of the dedications of sites and land areas or fees-in-lieu thereof pursuant to this Division, the Director shall give written notice to the local government entities for which dedications or payments were made. Dedications and payments will be transferred to other entities as follows:

a.

The City Council will pay funds from amounts held in trust for other entities when the local government entity (including school districts, park districts, fire districts, and library districts) requests them in writing to the Director, and the City Council finds that the entity demonstrates a need for the funds for a use that is consistent with the dedication. The written justification shall set out the amount of funds sought, the proposed uses of said funds, and the benefits which the residents and future residents of the subdivision for which the funds were obtained will receive.

b.

The City Council will convey land held in trust for other entities when the local government entity (including school districts, park districts, fire districts and library districts) requests the land in writing to the Director, and the City Council finds that the entity demonstrates a need for the land for a use that is consistent with the dedication. The written justification shall set out the lands sought, the proposed uses of said lands, and the benefits which the residents and future residents of the subdivision for which the lands were obtained will receive.

c.

The Director shall review the requests presented pursuant to this Section, and on a quarterly basis, present these to the City Council along with the Director's recommendations. In addition, when the request is for land, the Director shall inform the requesting entity as to whether an application for development approval is required.

d.

The City Council, at its discretion, may vote to allocate some of the lands and/or the funds for the subject project and, if approved, will authorize the transfer of the land and/or funds to the appropriate local government entity.

A.

Generally. All dedications of public improvements, including regional and subdivision improvements, shall be made in a form approved by the City Attorney. Dedications of park and school sites shall be shown on the site plan and plat for the proposed development. Other dedications shall be shown on the site plan or plat unless the City determines that another form of dedication (e.g., a recorded easement) is more appropriate.

B.

Open Space Parcels. Land areas that are used to satisfy open space ratio requirements shall be shown as separate parcels on plats. The open space parcels shall be restricted to open space uses by plat restrictions or separately recorded covenants, conditions, and restrictions.

A.

Generally. Traffic control devices which are required under the Manual on Uniform Traffic Control Devices as published by the U.S. Department of Transportation, Federal Highway Administration, and the Roadway Design & Construction Standards Manual will be installed by the developer at the developer's expense.

B.

Determination of Needs. The Director of Public Works will determine the needs, and they will be listed along with their cost in the public improvement agreement.

C.

Condition of Street Acceptance. Prior to probationary street acceptance, all traffic control devices listed in a subdivision improvement agreement (before the effective date) or public improvement agreement, will be paid for and installed.

The City of Centennial hereby adopts the "Transportation Fee East Urbanized Area Assessment and Analysis 2004" prepared by Mulhern MRE, Inc., dated September 2004, which is incorporated into this Ordinance.

The City of Centennial hereby adopts a Regional Transportation Infrastructure Fee as supported by the Study in the following amounts:

The City of Centennial hereby confirms its intent underlying Ordinance No. 2002-04 that the Regional Transportation Infrastructure Fee be applied in all areas within the City of Centennial located east of Parker Road, as such area may be increased or decreased in size due to any reason, including annexation or disconnection.

The Regional Transportation Infrastructure Fee shall be collected at the time of building permit issuance for new construction the area of the Revised Region, as defined in Arapahoe County Resolution No. 375-95A adopted March 20, 1995, which area is also within the jurisdictional boundaries of the City. The Revised Region includes all areas currently located within the City that are east of Parker Road.

The revenues derived from the Regional Transportation Infrastructure Fee shall be used for construction of regional transportation infrastructure included in the schedule set forth in Arapahoe County Resolution No. 375-95A adopted March 20, 1995, which infrastructure is included within or provide benefit to the areas within the City from which the fee is collected.