Each type of development standard described in this Article 7.4 shall generally be applied, and compliance with those standards may be reviewed at any point in the development application and review process, unless otherwise stated in this UDC. (Ord. 23-03)

The following four tables, Tables 7.4.2-A through 7.4.2-D, establish the dimensional standards for the agricultural and residential, mixed-use, industrial, public and semi-public, and North Nevada Avenue Overlay (NNA-O) zone districts established in Article 7.2: Zone Districts. In case of conflict between the dimensions shown in this Section 7.4.201 and the dimensions shown for individual zone districts in Article 7.2: Zone Districts, the

dimensions in this Section shall control. Accessory structures shall meet the required minimum setbacks and maximum heights applicable to primary structures unless otherwise noted in Section 7.4.203 (Exceptions and Encroachments) or otherwise noted in this UDC. Maximum heights of structures may be further limited by the FAA's regulations on Safe, Efficient Use, and Preservation of the Navigable Airspace, 14 CFR Part 77, particularly on lands close to Colorado Springs Airport and the United States Air Force Academy.

   A.   Single-Family and Two-Family Residential Zone Districts: Dimensional standards for the A, R-E, R-1 9, R-1 6, and R-2 zone districts are shown in Table 7.4.2-A (Single-Family and Two-Family Residential District Dimensional Standards).

 

   B.   Flex Residential Zone Districts: Dimensional standards for the R-Flex Low, R-Flex Medium, and R-Flex High zone districts are shown in Table 7.4.2-B (Flex Residential District Dimensional Standards).

 

   C.   Mixed-Use Zone Districts: Dimensional standards for the OR, MX-N, MX-T, MX-M, MX-L, and MX-I zone districts are shown in Table 7.4.2-C (Mixed-Use District Dimensional Standards).

 

   D.   Industrial, Public and Semi-Public, and Overlay Districts:

      1.   Dimensional Standards for the BP, LI, GI, and NNA-O zone districts are shown in Table 7.4.2-D (Industrial, Public and Semi-Public, and NNA-O District Dimensional Standards).

      2.   In the PF zone district and the APD zone district, there is no lot width minimum; all other development standards are determined by the review of the Land Use Plan or Development Plan, as applicable, at the time the district is established based on anticipated impacts of the facility.

      3.   In the PK zone district, all development standards are determined by a Park Master Plan approved by the Parks Board.

 

(Ord. 23-03; Ord. 25-45)

This Section 7.4.202 identifies two (2) different types of incentives that can be earned in all zone districts except the FBZ district when applications for development or redevelopment promote key planning goals from the Colorado Springs Comprehensive Plan. Incentives in the FBZ district are available pursuant to Subsection 7.2.307G (Regulatory Incentives). Applicants in zone districts other than the FBZ district that meet the standards in either Subsection A or Subsection B below are eligible to receive the incentives listed in Subsection C below.

   A.   Sustainability and Resilient Development Incentive:

      1.   Purpose: The purpose of this Subsection A is to implement the Colorado Springs Comprehensive Plan guidance to encourage development that is sustainable and resilient.

      2.   Eligibility: A project seeking the sustainable and resilient development incentives established in this Subsection A shall be located in a Mixed-Use or Industrial zone district and shall satisfy at least one (1) of the following two (2) options below:

         a.   Option 1: Demonstrate compliance with at least four (4) of the following six (6) criteria:

            (1)   Stormwater: The development site shall provide low impact development stormwater management by installing permanent infiltration or collection features (e.g., vegetated swale) or other green infrastructure measures that exceed the requirements of Step 1 in the Drainage Manual that can infiltrate eighty (80) percent of the water quality storage volume.

            (2)   Light Colored Hardscaping: At least eighty (80) percent of horizontal hardscaping materials shall be installed with a solar reflectance index (SRI) of twenty-nine (29) or greater.

            (3)   Covered Parking: At least sixty-five (65) percent of parking spaces shall be provided under a cover or roof that has a three- (3) year aged SRI of at least thirty-two (32) or is covered by energy generation systems, such as solar thermal collectors or photovoltaics. Parking calculations shall include all existing and new off-street parking spaces that are leased or owned by the project. Parking spaces within a parking structure shall count toward meeting this standard.

            (4)   Cool or Vegetated Roof: Provide a roof meeting the standards in Subsections (a), (b), or (c) below.

               (a)   Cool Roof: Install a cool roof on at least sixty-five (65) percent of the total roof surface using roofing materials that have an aged SRI equal to or greater than the values in Table 7.4.2-E. If aged SRI is not available, the roofing material shall have an initial SRI equal to or greater than the values in Table 7.4.2-E.

 

 

               (b)    Vegetated Roof: Install a vegetated roof on at least sixty-five (65) percent of the total roof surface using native or adapted plant species.

               (c)    Combination Roof: Install a combination cool roof and vegetated roof with each portion meeting the applicable standards in Subsections (a) and (b) above and together covering at least sixty-five (65) percent of the roof surface.

            (5)   Solar Energy: Install on-site solar panels covering an area anywhere on the building or lot equal to fifty (50) percent of the total roof area of all primary buildings, or an area equal to an amount required to provide one hundred (100) percent of estimated annual average electricity used in all primary buildings, at the applicant's option. Other renewable energy devices may be used in place of on-site solar panels so long as evidence of equivalent electricity generation capacity is provided.

            (6)   Building Efficiency: Design the project to achieve improved building energy performance beyond the minimum required building code standards by demonstrating that the project qualifies for a minimum of fifteen (15) points from the LEED version 4.1 BD+C Optimize Energy Performance credit.

         b.   Option 2: Submit proof acceptable to the City that the project is being reviewed and expects to receive certification by the following verified third-party sustainability programs:

            (1)   Silver Certification by the U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system;

            (2)   Another verified third-party sustainability program producing equal or greater sustainability benefits as LEED Silver Certification, as determined by the Manager.

   B.   Transit-Oriented Development Incentives:

      1.   Purpose: The purpose of this Subsection B is to implement Colorado Springs Comprehensive Plan guidance to encourage transit use and transit-oriented development in Colorado Springs.

      2.   Eligibility:

         a.   The property shall be located in the MX-T, MX-M, MX-L, or MX-I zone district and shall be located within six hundred and sixty (660) feet of an arterial-arterial street intersection, an arterial-collector street intersection, or a collector-collector intersection.

         b.   At least one of the intersecting arterial or collector streets must have bus service or bus rapid transit service with a peak service frequency of twenty (20) minutes or less.

         c.   At least twenty-five (25) percent of the gross floor area of the building or development (including bonus height area) shall contain residential primary uses, and at least twenty-five (25) percent of the gross floor area of the building or development (including bonus height area) shall contain non-residential primary uses. If the development is to be built in phases, the Land Use Plan or Development Plan shall include a commitment to build at least this minimum mix of uses.

         d.   At least fifty (50) percent of the gross floor area in the development shall be located in primary structures on lots with frontage on the intersecting arterial or collector streets.

         e.   All primary structures on lots with frontage on the intersecting arterial or collector streets shall be built no further than twenty (20) feet from the front property line along at least seventy-five (75) percent of the lot frontage.

         f.   No surface parking lot may be located within twenty (20) feet of the intersecting arterial or collector streets.

         g.   Properties within the HP-O district or on the National Registry of Historic Properties are not eligible for this incentive.

   C.   Additional Allowances for Incentive Developments: For projects that satisfy either the Sustainable and Resilient Development standards in Subsection A above or the Transit-oriented Development incentives in Subsection B above, the following incentives are available.

      1.   Building Height:

         a.   The maximum height of the primary structure height shall be increased as follows.

            (1)   One (1) additional floor of building height, not to exceed twelve (12) feet, for projects in the MX-M zone district.

            (2)   Two (2) additional floors of building height, not to exceed twenty-four (24) feet, for projects in the MX-L or MX-I zone districts.

         b.   The two (2) incentives may not be combined to earn more than twelve (12) feet of additional height in the MX-T or MX-M zone district or more than twenty-four (24) feet of additional height in the MX-L or MX-I zone district.

         c.   The height incentive may not be used on any portion of a building within seventy-five (75) feet of the property line of an adjacent property as follows:

            (1)   For a property with a multi-family or non-residential land use, the height incentive may not be used on any portion of a building located within seventy-five (75) feet of any property line adjacent to a lot in the R-E, R-1 9, R-1 6, or R-2 zone districts or a lot designated for attached or detached single-family or two-family dwellings in a PDZ district.

            (2)   For a property in a Mixed-Use or Industrial zone district, the height incentive may not be used on any portion of a building located within seventy-five (75) feet of any property line adjacent to a lot in a residential zone district or a PDZ district that is developed with, or designated for development with, a residential use.

      2.   Parking: The number of required off-street parking spaces required by Part 7.4.10 (Parking and Loading), may be reduced by an additional ten (10) percent.

   D.   Incentive Procedure: The Manager shall determine whether an application complies with the requirements of this Section 7.4.202. If the Manager has confirmed that the application complies with the requirements for one (1) or more incentives under this Section, but the underlying application is subject to approval by the of the Planning Commission or City Council, the decision-making body shall consider the application through the applicable decision-making criteria in Article 7.5: Administration and Enforcement assuming that all approved incentives will be constructed, and shall not condition its approval on removing or limiting an earned incentive. (Ord. 23-03)

   A.   Setback Exceptions: Every part of a required setback shall be unobstructed from ground level to the sky, except as shown in Table 7.4.2-E, but none of the listed exceptions shall authorize the encroachment of any development or structure across property lines or into a public right-of-way.

 

   B.   Height Exceptions:

      1.   No building or structure or part of a building or structure shall exceed the maximum building height within any zone district as shown in Tables 7.4.2-A through D, unless authorized in Table 7.4.2-F below or elsewhere in this UDC.

      2.   Building features that extend beyond the maximum building height pursuant to Table 7.4.2-F shall be designed or screened to minimize visibility from the R-E, R-1 9, R-1 6, R-2, and R-Flex Low zone districts, and from any portion of a PDZ district developed or designated for attached or detached single-family or two-family dwelling structures. Screening may not extend taller than the permitted exception to the maximum building height.

 

(Ord. 23-03; Ord. 25-45)

   A.   Purpose: The purpose of this Part 7.4.3 is to:

      1.   Promote the health, safety, convenience, and general welfare of the citizens of the City.

      2.   Set forth appropriate standards for subdivision design that will:

         a.   Encourage the development of sound, economical, stable neighborhoods and create a healthy living environment for the residents of the City, in conformance with the goals and policies of the Colorado Springs Comprehensive Plan.

         b.   Provide for lots of adequate size, configuration, and appropriate design for the purpose for which they are to be used and to accommodate the physical features of the site.

         c.   Promote design flexibility.

         d.   Provide for streets of adequate capacity and that with appropriate improvements will handle anticipated traffic flow.

         e.   Preserve the significant natural features and environmental quality of the City.

      3.   Set forth appropriate standards for utilities and services that will:

         a.   Provide an efficient, adequate, and economical supply of utilities and services to land proposed for development, in order to assure that governmental costs are minimized to the greatest extent possible.

         b.   Ensure that adequate stormwater infrastructure, sewage disposal, and other utilities, services, and improvements needed to serve the subdivision of land are provided. It is the developer's responsibility to ensure that an adequate stormwater outfall is provided for the site as determined by the Stormwater Enterprise Manager.

         c.   Provide for the undergrounding of all public utility lines up to thirty-five thousand (35,000) volts except as otherwise provided in Subsection 7.4.303C (Undergrounding of Utilities).

      4.   Assure the provision of adequate and safe circulation that will:

         a.   Ensure safe and effective emergency response.

         b.   Minimize traffic hazards through appropriate street design and provide for safe and convenient vehicular, bicycle, and pedestrian traffic circulation.

         c.   Provide for adequate vehicular access to adjacent properties and the subdivider's remaining holdings.

         d.   Assure that street rights-of-way are provided for in accord with the Major Thoroughfare Plan and Engineering Criteria.

         e.   Provide for safe and convenient pedestrian access throughout the community.

      5.   Assure adequate public facilities are provided that will:

         a.   Enhance the coordination of subdivision development with the provision of public facilities such as parks, recreation areas, trails, schools, utilities, and other types of community facilities.

         b.   Ensure that public facilities are provided in compliance with the Colorado Springs Comprehensive Plan.

         c.   Ensure adequate law enforcement and fire protection services.

      6.   Ensure the appropriate development of the community through the implementation of the goals and policies of the Colorado Springs Comprehensive Plan.

   B.   Territorial Limits of Regulations:

      1.   Area Inside City Limits: This UDC shall apply to all land located within the City limits.

      2.   Area Outside City Limits: All layouts of proposed subdivisions outside the City but within the territorial limits of any written agreement between the City and El Paso County shall be submitted to the City for recommendations relating to subdivision design, traffic, circulation, and the Colorado Springs Comprehensive Plan.

   C.   Compliance Required: No person shall subdivide any tract of land that is located within the City except in conformity with the provisions of this UDC, and jurisdiction under this Part 7.4.3 and those parts of Article 7.5 (Administration and Enforcement) addressing review and approval of proposed subdivisions shall also extend to and cover any major street plan adopted under the provisions of this UDC to the extent of the territorial limits established under the State statutes. (Ord. 23-03)

   A.   Application: The design standards established in this Section 7.4.302 shall be applied by the Planning Commission or staff assigned to perform an administrative review in evaluating a proposed plat of subdivision.

   B.   Conformity with Colorado Springs Comprehensive Plan: The plat shall be consistent with the Colorado Springs Comprehensive Plan.

   C.   Remnants of Land: The plat shall not create parcels of land that do not meet the standards for a developable lot in the zone district where the property is located, unless those parcels are designated as "tracts" and adequate assurance is provided to incorporate the tracts into usable lots in future developments.

   D.   Block Standards: The layout of each block shall conform to sound subdivision design principles and the length, width, and shape shall comply with:

      1.   Requirements for lot size in the zone district where the property is located;

      2.   Any applicable overlay district requirements regarding avoidance of sensitive lands including those standards related to land near streams, floodplains, hillsides, and in the WUI-O district in Part 7.2.6 (Overlay Districts);

      3.   Applicable standards related to the provision of utilities, grading, erosion control, and stormwater, including without limitation those standards in Parts 7.4.6 (Grading and Erosion Control) and 7.4.7 (Stormwater) and the Engineering Criteria; and

      4.   The provision of safe and effective emergency responses as well as applicable standards for safe, convenient access and circulation for motor vehicles, bicycles, and pedestrians, including the standards for access and connectivity in Part 7.4.4 (Access and Connectivity) and the Engineering Criteria.

   E.   Lot Standards:

      1.   General: The size, shape, and orientation of lots shall be appropriate to the proposed subdivision location and to the type of development contemplated and shall conform to requirements of this Code, including without limitation the requirements for lots, access, and connectivity in the zone district in which the property is located.

      2.   City Limits Line: No lot shall be divided by a City limit line.

      3.   Access: Each lot in a new or replatted subdivision shall be provided with satisfactory access to a dedicated public street pursuant to the Engineering Criteria.

      4.   Double Frontage: Double frontage lots, other than corner lots, are not permitted unless approved by the Manager, Planning Commission, or City Council based on considerations of public safety, land use efficiency, or topographic constraints.

      5.   Flag Lots: Flag lots may be allowed where warranted by physical conditions of landform, existing lot pattern, or unusual size or shape of parcel(s). The narrow strip of land connecting the main portion of a flag lot to the street shall be not less than twenty (20) feet wide at any point and side lot utility easements not less than five (5) feet wide shall be provided adjacent to the flag lot lines. If five-(5) foot-wide public utility easements are not provided along side lot lines, the stem portion of the flag lot shall be not less than twenty-five (25) feet wide. The stem portion of the flag lot shall also provide for practical vehicular and utility access and allow for adequate utility service line separations and shall not be counted towards the minimum lot area requirement of the zone district.

   F.   Residential Lot Design Adjacent to Major Street: If a frontage road is not provided for a lot with an attached or detached single-family or two-family dwelling use fronting onto an expressway, freeway, or principal or minor arterial street, the subdivider shall cause the design of the subdivision to conform to one of the alternative design treatments stated below:

      1.   Lots adjacent to the expressway, freeway, or principal or minor arterial street shall have vehicular access from the existing or proposed alley adjacent to the rear lot line. Fire apparatus shall have vehicular access from the existing or proposed alley adjacent to the rear lot line subject to Colorado Springs Fire Code Official approval; or

      2.   Lots adjacent to the expressway, freeway, or principal or minor arterial street shall have vehicular access from the minor street adjacent to an approved double frontage lot. Fire apparatus shall have vehicular access from the existing or proposed alley adjacent to the rear lot line subject to Colorado Springs Fire Code Official approval.

   G.   Compact Lot Orientation: For Compact Lots, the following additional standards for lot orientation and related pedestrian access shall apply:

      1.   Greenway Oriented Units:

         a.   Greenway Oriented Units shall be oriented to have primary pedestrian access off of a courtyard or green space, with the entry façade oriented to the courtyard or green space. Pedestrian connections shall be provided through the greenway to provide access to parking and the street system.

         b.   Spacing between dwelling units shall be a minimum of thirty (30) feet.

      2.   Street Oriented Units: Street Oriented Units shall be oriented to have primary pedestrian access off of the adjacent private or public residential street or alley.

   H.   Easements:

      1.   Utility Easements:

         a.   Utility easements shall be provided and shall not less than five (5) feet wide on both sides of all side lot lines and seven (7) feet wide on both sides of all rear lot lines

         b.   Where the right-of-way is fifty (50) feet or less in width, a five (5) foot wide utility easement shall also be provided adjacent to the right-of-way;

         c.   The standards in subsections 1.a and 1.b may be adjusted by the Colorado Springs Utilities Chief Executive Officer, City Engineer, or the Manager.

         d.   All required public drainage, public utility, and other public improvement easements shall be placed on the Final Plat prior to recording.

      2.   Drainage Easements: All existing and, to the maximum extent feasible, proposed drainage easements for stormwater infrastructure/conveyance shall be placed on the Final Plat and so marked prior to recording. Further, private drainage easements shall be marked "private drainage easements" on the plat, or a statement shall be placed on the Final Plat that the City is not responsible for the maintenance of said easements, prior to recording.

      3.   Combined Easement for Utilities and Drainage: Easements proposed for both utilities and stormwater shall be at least seven (7) feet wide on rear lot lines and the joint purposes of the easement shall be designated on the Final Plat prior to recording.

      4.   Access and Parking Easements: All required common access, ingress/egress, and parking easements shall be shown on the Final Plat and indicated whether public or private.

      5.   Maintenance of Easements: Except as otherwise provided by plat note or as provided in any easement granted to the City by separate instrument, the property owner shall be responsible for the maintenance of all easements granted or dedicated to the City, and all easements granted or dedicated to the City on behalf of its enterprise, Colorado Springs Utilities, or for public utilities.

   I.   Railroad Rights-of-way: Where a subdivision adjoins a railroad right-of-way, space for grade separations, buffer strips, and other protective treatments along the right-of-way shall be provided as required by the City to protect public health and safety and to mitigate adverse impacts from the railroad on nearby properties. Spaces or treatments required by the City for these purposes may exceed those required property setbacks in the zone district where the property is located, and may exceed landscaping, screening, and buffering otherwise required by Part 7.4.9 (Landscaping and Green Space).

   J.   Lots Requiring Smoke Alarms or Sprinklers:

      1.   A monitored smoke alarm system or a sprinkler system shall be required for all new homes on lots with lot lines that are more than six hundred (600) feet from the entrance of a cul-de-sac or lots for which the only vehicle access is a road with grades in excess of ten (10) percent. This requirement shall not apply to Subdivision Plats recorded prior to March 24, 1981, or to subdivisions for which a Development Plan was approved prior to April 1, 1993.

      2.   Development in the WUI-O district is also subject to the requirements of Subsection 7.2.604B (Compliance with Fire Prevention Code and Standards Required).

      3.   Each lot meeting the criteria of Subsections 1 or 2 above shall be identified on the Subdivision Plat. (Ord. 23-03)

   A.   Requirement to Install and Complete Improvements: The improvements required in Subsection B below shall be constructed and installed by the subdivider prior to the final approval of the final Subdivision Plat. In advance of the completion or installation of such improvements, the subdivider shall provide acceptable assurance to secure to the City the actual construction or installation of the improvements within such period as shall be determined by the City Engineer, Stormwater Enterprise Manager, or Colorado Springs Utilities Chief Executive Officer based on considerations of public safety. Any required assurance shall be in an amount adequate to cover the cost of constructing or installing the required improvements as determined by the City Engineer, Stormwater Enterprise Manager, or Colorado Springs Utilities Chief Executive Officer.

   B.   Required Improvements: The following improvements shall be provided by the subdivider:

      1.   Street Improvements and Streetlights: The subdivider shall pay for the installation and construction of all required street improvements, pursuant to Section 7.4.304 (Street Improvements), the Code of Ordinances, and the regulations of Colorado Springs Utilities related to required easements in streets. In addition, the subdivider shall pay for costs associated with the installation and construction of all necessary streetlights as required by Colorado Springs Utilities regulations and this Code regarding the installation of streetlights. Required streetlights are included in the term street improvements.

      2.   Electric, Gas, Water, Wastewater, and Stormwater Systems: The subdivider shall pay for the design, installation, and construction of all the required electric, gas, water, wastewater, and stormwater systems necessary to serve the development in compliance with this UDC, this Code, the most recent version of the Colorado Springs Utilities Gas, Electric, Water and Wastewater Line Extension and Service Standard, the Engineering Criteria, and the rules and regulations of Colorado Springs Utilities and the Stormwater Enterprise. The Sections of the Code of Ordinances and this UDC regulating the installation and extension of water and wastewater lines are as follows:

         a.   Wastewater, Water Lines, When May Be Laid: Chapter 12, Article 5 of this Code.

         b.   Wastewater Permits And Connection Charges: Chapter 12, Article 5 of this Code.

         c.   Taps, Service Lines And Use Of Water: Chapter 12, Article 4 of this Code.

         d.   Stormwater Improvements: As required under Section 7.4.701 (Stormwater Requirements).

         e.   Application for Gas & Electric Line Extension: Colorado Springs Utilities Electric Line Extension & Service Standards.

      3.   Right-of-way and Public Utility/Drainage Easements Stabilization: Stabilization of land within the right-of-way or within any public utility/drainage easement is required to the extent deemed necessary by the City Engineer and consistent with any requirements of the zone district, this UDC, and the Engineering Criteria. Prior to the final acceptance of any improvements within the right-of-way or public utility/drainage easement, the City Engineer and Stormwater Enterprise Manager shall be satisfied that no existing or potential erosion problems exist within the right-of-way, public utility/drainage easement, or on land adjacent to such right-of-way or easement that could affect the stability of the right-of-way. The subdivider shall guarantee such right-of-way and easement stabilization for a period of two (2) years from the date of probationary acceptance, and shall provide assurance acceptable to the City in an amount equal to ten (10) percent of the cost of the work as part of such guarantee. For channel improvements, the assurance will remain at one hundred (100) percent of the cost of the work during the two (2) year period following probationary acceptance. During the two (2) year warranty period, once the subdivider has achieved final acceptance, the continued maintenance of the area shall be the responsibility of the owners of the property within easements and adjacent to the right-of-way or as outlined in separate maintenance agreements acceptable to the City.

      4.   Permanent Survey Monuments, Range Points and Lot Pins: As required by State law.

   C.   Undergrounding of Utilities: Telephone lines, electric lines up to thirty-five thousand (35,000) volts, and other similar utility services shall be placed underground. Transformer, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and other facilities necessarily appurtenant to such underground utilities may be placed aboveground. The provisions of this Subsection 7.4.303C (Undergrounding of Utilities) shall not apply to existing facilities or to any Preliminary, Preliminary and Final, or Final Plat that was approved by the Planning Commission prior to March 25, 1996.

   D.   Approval of Septic Tanks: In areas where public wastewater systems are not accessible, individual wastewater disposal systems may be installed only after the approval of the Colorado Springs Utilities Chief Executive Officer in accord with this Part 7.4.3 (Subdivision Standards).

   E.   Time Delay for Installation of Public Improvements:

      1.   Subdividers who desire to delay the installation of public improvements required by this Section 7.4.303 shall submit to the City Engineer, a request for a time delay of the installation of public improvements. The City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate, shall review and either approve or disapprove the request based on considerations of public safety and limiting financial risks to the City.

      2.   If the request is approved, the City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate, shall require the subdivider to execute an agreement for the delay of installation of public improvements, and such agreement shall be recorded.

      3.   If the request is denied, the subdivider may appeal to the Planning Commission in the same manner as a request for a waiver for the installation of public improvements pursuant to Section 7.5.524 (Administrative Adjustment) The Planning Commission shall treat such appeal as a request for action on a request for time delay for the installation of public improvements not as a request for a waiver for the installations of public improvements.

   F.   Actual Construction of Improvements: No construction of subdivision improvements shall be started until the improvement plan for the entire area covered by the Final Plat has been approved by the City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate. After the improvement plans have been filed, and the approval of the City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate, has been obtained, the subdivider shall construct the required improvements subject to obtaining the required permits from the City Engineer and Colorado Springs Utilities (for wastewater and water systems).

   G.   Acceptance of Improvements: All required subdivision improvements, as specified in this Section 7.4.303 and other applicable City ordinances and regulations, shall be fully constructed by the subdivider and approved by the City Engineer, Stormwater Enterprise Manager, and Colorado Springs Utilities Chief Executive Officer, and a written notice of approval shall be transmitted to the subdivider. The approval of the improvements by the City shall be contingent upon the subdivider guaranteeing and being responsible for any defects of the improvements for a two (2) year period after written acceptance by the City, pursuant to Section 7.4.306 (Assurances and Guarantees for Public Improvements). (Ord. 23-03)

   A.   Minor Streets: The subdivider seeking approval for a subdivision containing a Final Plat shall agree as a condition of approval to construct and dedicate all minor streets as shown on the Final Plat.

   B.   Major Streets: The subdivider seeking approval for a subdivision containing a Final Plat shall agree as a condition of approval to construct and dedicate all major streets shown on the Final Plat. Such construction and dedication of major streets may be the subject of partial reimbursement by the City as set forth below.

   C.   Access and Connectivity: All required street improvements shall comply with the access and connectivity standards in Part 7.4.4.

   D.   Construction of Street Improvements: A subdivider seeking Final Plat approval or a developer or redeveloper of property may be required by any adjacent governmental entity, as a condition of the approval of the subdivision or development of the property, to make improvements to streets or pedestrian and bicycle access facilities and streetlights adjacent to or outside the land development to carry traffic generated by the development. These improvements shall include, but not be limited to, constructing or otherwise improving streets and bicycle or multiuse paths; dedicating additional rights-of-way; widening; constructing transit facilities such as shelters and pull-out lanes; constructing curb and gutter; and installing medians, sidewalks, acceleration or deceleration lanes, traffic control devices, or streetlights.

   E.   Cost Recovery for Street Improvements from Benefitting Property Owners:

      1.   Eligibility for Cost Recovery: Whenever any street improvements listed in Subsection D above are made by a subdivider or developer of land (a "developer"), the developer is entitled to fair share cost recovery of the cost of the improvements, less any City reimbursement, from the owner or owners whose property is adjacent to the improvements as the adjacent property is subdivided, developed, or redeveloped within twenty-five (25) years after acceptance of the improvements by the City. The date of acceptance of the improvement will be the date that the City Engineer accepts the improvements on a probationary basis. However, if a developer has not achieved final acceptance of the improvements by the City within thirty (30) months after probationary acceptance of the improvements, the developer's recovery right for the improvement involved will be voided.

      2.   Processing Cost Recovery Agreements:

         a.   The provisions of Subsection 7.4.304D (Construction of Street Improvements) shall apply to all cost recovery agreements in effect on June 1, 1995, and cost recovery agreements approved after that date. The City Engineer is authorized to record any cost recovery agreements not previously recorded with the El Paso County Clerk and Recorder. The City Engineer is also authorized to cooperate with developers who have existing cost recovery agreements on file to implement a system for indexing such agreements and notifying affected property owners of such agreements.

         b.   A developer wishing to obtain cost recovery for improvements constructed that benefit other adjacent property owners shall file a cost recovery statement with the City Engineer not later than twelve (12) months after the date the improvement was accepted on a probationary basis. Such statement shall be accompanied by copies of paid receipts or other satisfactory evidence of payment of the costs claimed for the improvement; any expenses incurred after probationary acceptance are not recoverable. The City Engineer shall then review the cost recovery statement for reasonableness and appropriateness of the costs claimed, and may request backup for any such costs. The City Engineer may make such adjustments as it determines are necessary if the costs are in excess of reasonable and necessary costs at then-prevailing rates. If the City Engineer does not notify the party submitting the cost recovery statement in writing of any adjustments to the costs listed in the statement within sixty (60) days after the statement was submitted (or, if backup documentation is requested within thirty (30) days, then within sixty (60) days after the requested backup documentation is submitted), then the costs in the statement will be deemed approved as submitted. The City, at the expense of the developer, shall notify all property owners who will be affected by the cost recovery agreement by certified mail that a cost recovery statement, which may affect their property, has been submitted to the City Engineer.

         c.   The developer will assist the City Engineer, as needed, in determining the property owners adjacent to the improvements that are subject to the cost recovery to be notified and in obtaining the names and addresses of such properties. When the costs subject to cost recovery have been approved as provided above, the City Engineer shall notify all affected property owners that the developer's application has been approved and provide to all affected property owners a copy of the notice of cost recovery. The notice shall advise all affected property of their right to review the application and file an objection, and contain the following information:

            (1)   Price per lineal foot;

            (2)   The amount of lineal foot per parcel; and

            (3)   The legal description and current parcel numbers of each parcel subject to the cost recovery.

         d.   The owner of a property that is subject to a cost recovery application may file with the City Engineer a written objection to the notice of cost recovery and cost recovery application within ten (10) days of proof of mailing. Following filing of an objection, the City Engineer shall review the objection and the application and make a recommendation to the Public Works Director, who shall issue an opinion on the objection within twenty-five (25) days of the objection being filed with the City Engineer. The opinion of the Public Works Director shall be final.

         e.   Once the objection period has expired, the City Engineer shall execute a Cost Recovery Agreement on the standard form approved by the City. After execution, the Cost Recovery Agreement shall be recorded with the El Paso County Clerk and Recorder by the City Engineer. The Developer shall pay all costs of recording.

      3.   Repayment of Costs: During the cost recovery period, an application for a Subdivision Plat or Building Permit from owners whose properties are subject to the cost recovery provisions of this Subsection 7.4.304E, shall not be approved until a fair-share cost recovery for the cost of the improvements has been made to the developer or its assign, as follows:

         a.   The City Engineer shall determine the fair share cost recovery on a front foot basis. The fair share allocation shall be determined by dividing the costs subject to recovery by the number of lineal feet of property line that is adjacent to the improvements.

         b.   On January 1 of the year following acceptance of the improvements by the City and each year thereafter on January 1, the cost recovery amount shall be increased by three (3) percent simple interest.

         c.   The City Engineer shall not approve any such plat if it leaves unplatted strips along the roadway subject to cost recovery, the plat fails to plat portions of such owner's property that are reasonably necessary for effective use of the property being platted, or the plat is otherwise configured so as to avoid the reasonable fair share payment by such owner.

         d.   All liability for improvement costs shall be limited to twenty-five (25) years after acceptance of the improvements by the City.

         e.   When all cost recovery costs have been paid, a signed notarized copy by the developer or its assign for the release of the Cost Recovery Agreement shall be submitted to the City Engineer and shall state that payment has been made in full and that all parties agree to the release of the Cost Recovery Agreement from the property involved. The cost of recording shall be charged to the owner of the property being released. The release shall be recorded with the El Paso County Clerk and Recorder by the City Engineer. During the cost recovery period, approval of plats or Building Permits for the land adjacent to the improvements shall be conditioned upon payment of the fair share of the improvement cost as determined by the City Engineer, if the City Engineer determines that such improvements would have been required to be installed by the subsequent developer.

      4.   Address for Payments, Unclaimed Payments: It is the responsibility of the developer notify the City Engineer in writing of any changes in address for notices and payments pursuant to the Cost Recovery Agreement. If the City Engineer mails a notice of cost recovery specifying the amount of cost recovery and the property involved (a "cost recovery notice") to the developer by certified mail using such developer's most recent address in the City Engineer's files, and no response is received within thirty (30) days, then the City Engineer shall be authorized to execute on behalf of such developer and record a release of the Cost Recovery Agreement from the property paying the cost recovery. If the cost recovery involved is not claimed by the developer within twelve (12) months following mailing of the cost recovery notice, then the cost recovery involved will be paid to the City's general fund, and the developer will forfeit all rights to those funds.

      5.   Improvements Already in Place: If the improvements are already in place, and if the City Engineer determines that such improvements would have been required to be installed by any developer adjacent to the improvements, as a condition of development, the developer may be required as a condition of approval of development to pay to the City a fair share, as determined on a front foot basis of the original costs of the improvements, subject to three (3) percent simple interest factor each year and subject to the twenty-five (25) year limitation, if no Cost Recovery Agreement is in effect or a Cost Recovery Agreement is invalid for any reason.

      6.   Cost Recovery by the City and Other Governmental Entities: Nothing in this Subsection E is intended to preclude or prohibit the City or another governmental entity from entering into and being a party to cost recovery agreements with landowners for public roadway improvements. In these types of cost recovery agreements, interest may not be charged on the costs of the installed or constructed public roadway improvements.

   F.   Cost Reimbursement by the City:

      1.   Generally:

         a.   Commencing January 1, 1988, the City shall reimburse, from funds specifically appropriated for such purpose, subdividers who complete construction of major streets or portions of major streets shown on the City's Major Thoroughfare Plan. Reimbursement of the costs subject to reimbursement shall be made after the City Engineer finds and determines on the basis of actual use and community benefit that the major street or portion of a major street is meeting a community need.

         b.   The City Engineer shall articulate standards to determine when a subdivider who constructs a major street or portion of a major street is entitled to costs subject to reimbursement.

         c.   The Council may set aside specifically designated funds for the purpose of reimbursing a subdivider costs subject to reimbursement for a major street or street portion of a major street that the City Council desires be constructed. This reimbursement shall not be subject to the City Engineer standards for reimbursement.

      2.   Costs Subject to Reimbursement: The following costs are eligible for reimbursement by the City pursuant to this Subsection F.

         a.   The fair market value of that portion of the right-of-way of a major street in excess of sixty (60) feet in width shall be a cost subject to reimbursement. The fair market value of the right-of-way dedicated to the City shall be determined as of the time of Final Plat recording in accord with the following:

            (1)   The City and the owner may agree as to the fair market value; or

            (2)   The City and the owner may apply to a court of competent jurisdiction for determination of just compensation as provided for in C.R.S. title 38, article 1.

         b.   The actual costs of construction of the major street less the actual costs of:

            (1)   Grading the entire width of the major street. This is any cut, fill, repairing soft spots, moisture treating, compacting, and grading of the sub-base beneath the base course for the entire width of the street. This does not include the compaction testing and chemical treatment of the sub-base for the qualifying additional width of roadway. For items that qualify for reimbursement, it must be shown that extra work was required beyond the requirement of standard major street cross-sections.

            (2)   The installation of pavement mat and base course up to thirty-six (36) feet wide. This is standard requirement for construction of the major roadway.

            (3)   The installation of drainage structures. Major street bridges shall be treated separate and apart from roadway reimbursements. City Code covers the construction reimbursement for major street bridges.

            (4)   The installation of sidewalks. They are standard requirements for major street sections.

            (5)   The installation of curb and gutter on each side of the full pavement mat, not including median curb and gutter. Full pavement mat is a continuous pavement that is between the curbs. There are two (2) pavement mats in a cross-section of a major street. The median separates the two (2) pavement mats. Therefore, curb and gutter at the outer edge of the roadway are not eligible for reimbursement. Preparation and installation of the median curb and gutter are reimbursable. Grading associated with the median curb and gutter is not eligible for reimbursement. Raised medians are a standard requirement of major street sections and are not eligible for reimbursement.

            (6)   Any treatment installed in the area between the median curbs, including without limitation any type of landscaping, concrete pavement, asphalt pavement, or other types of treatment within that area between the median curbs.

            (7)   The construction of any turn lanes serving other private property. This is a standard requirement of major street cross-sections.

            (8)   Any item not constructed in accordance with plans approved by the City Engineer and finally accepted for maintenance by the City Engineer.

            (9)   Any other item that is part of the standard requirement of major street cross-sections.

      3.   Conditions of Reimbursement:

         a.   The City shall reimburse only those persons or entities that own the major street right-of-way when dedicated and only those persons or entities that paid for the actual costs of construction or both, or those persons or entities who have valid assignments for such rights to reimbursement.

         b.   The major street must be constructed in accord with plans approved by the City Engineer and finally accepted for City maintenance by the City Engineer.

   G.   Private Streets:

      1.   When Required or Permitted:

         a.   The Manager may require the installation and construction of private streets and the retention and maintenance of those private streets by the developer or another entity acceptable to the City when:

            (1)   The site, layout of the site, density of units or structures, or other circumstance adversely affects the ability of the City or other governmental entity to adequately provide service or effectively maintain an adequate level of service to the site;

            (2)   The public health, safety, convenience, and welfare of the citizens, would be adversely affected by requiring a public street; or

            (3)   A proposed street will not comply with one (1) or more applicable ordinance, regulation, rule, or policy concerning the standards of design or construction for a public street.

         b.   The Manager may approve the installation and construction of private streets when requested by a developer if the Manager, City Engineer, and Fire Code Official determine that the proposed private street:

            (1)   Will protect the public health, safety, and welfare as well or better than if a public street were required; and

            (2)   Will be maintained by an entity with adequate financial capability to perform routine maintenance and periodic replacement needed to maintain the quality of the street at a level equal or better than that of a public street.

      2.   Design and Location: The location and design of a private street or right-of-way shall be subject to the review and approval of City Engineering and the Fire Code Official.

      3.   Designation: Each private street approved by the City shall be clearly designated as a private street on the Subdivision Plat, and the plat shall include a note clarifying that the City is not responsible for maintenance of the private street.

      4.   Street Name Signs:

         a.   It is the responsibility of the property owner(s) or an authorized agency on behalf of the owner(s) to erect and forever maintain permanent signs that shall identify the name of each private street or right-of-way.

         b.   Each required street sign shall be of a brown background with white reflective lettering and shall, in every other respect, conform to the specifications of the "Manual on Uniform Traffic Control Devices."

         c.   Each required street sign shall be erected no later than that point in time when the occupancy of one-half (1/2) of the units on the block face has occurred.

      5.   Fire Apparatus Access Road Markings:

         a.   It is the responsibility of the property owner(s) or an authorized agency on behalf of the owner(s) to erect and forever maintain permanent fire apparatus access road markings where required by the Fire Code Official.

         b.   All fire apparatus access road markings shall comply with all requirements of the Fire Code Official.

         c.   Fire apparatus access road markings shall be installed prior to the occupancy of the first structure on each roadway segment serving the structure.

      6.   Inspection and Approval: Private streets shall be inspected and approved by the Fire Code Official prior to the issuance of any Building Permit for a building receiving access from that private street.

   H.   Street Names:

      1.   Approval: All street names, both public and private, shall be subject to the approval of the Planning Department, Traffic Engineering, Colorado Springs Police Department Enhanced 911 Database Coordinator, Fire Code Official, and the Building Official. For purposes of this Section 7.4.304H, the official street name list to be used in the review of street names shall be that list commonly known as the master street address guide maintained by the El Paso/Teller County Enhanced 911 Authority Board.

      2.   Street Name Regulations: The following regulations shall apply to all newly platted or renamed streets:

         a.   Address Assignment: Numeric address assignment shall be subject to the approval of the Building Official as required by Section RBC312 (enumeration code) of the Regional Building Code.

         b.   Street Names: All street names shall be established by the use of common spellings using the Latin alphabet.

         c.   Directional Entries: No directional entries shall be allowed as part of a street name, for example, but not by way of limitation, Northpointe Drive.

         d.   Residential Street Names: Residential street names shall be limited to a maximum of fourteen (14) letters, not including the street name designation. Two-word street names are permitted.

         e.   Duplicate Street Names: Duplicate street names shall not be approved regardless of the

   street designation, for example, but not by way of limitation, Chelton Road, Chelton Loop, Chelton Circle.

         f.   Street Names Similar to Other Streets: Street names that closely approximate the spelling or phonetically sound similar to a platted street in the El Paso County-Teller County 911 service area shall not be approved.

         g.   Numeric Spelling in Street Names: The use of street names containing numeric spelling is prohibited, for example, but not by way of limitation, Two Branch Lane, or Six Pack Avenue.

         h.   Street Designators in Street Names: A street designator (such as the use of "way" in "Aspenway" Drive) shall not be used as part of the street name.

      3.   Continuity of Names: Any street that is a continuation or a logical approximate extension of an existing dedicated street, a platted street, a deeded street, a proposed street as shown on an approved Land Use Plan or approved Development Plan, or a street on the Major Thoroughfare Plan shall bear the same street name unless the continuation is to be designated as a private street. Street names shall not change at any point along the continuation of the street. Street names may change names at approved intersections. No street shall intersect itself resulting in an intersection with the same street name.

      4.   Small Culs-De-Sac: Small culs-de-sac that have fewer than five (5) interior lots shall bear the name of the intersecting street and the property shall be sequentially numerically addressed from the block series of the intersecting street.

      5.   Public Street Name Designation: Street type abbreviations shall comply with the National Emergency Number Association (NENA) standards. Street name designations shall be as defined by Traffic Engineering and used as follows:

         a.   Boulevard or Parkway: Shall be reserved for streets designated on the Major Thoroughfare Plan that are planned to have a median divider of sufficient size to allow for landscaping.

         b.   Avenue or Road: Shall be reserved for streets of substantial continuity such as major or minor arterials of the Major Thoroughfare Plan.

         c.   Street or Drive: Shall be reserved for streets of less continuity such as collector streets.

         d.   Court, Place, Circle, Way, Terrace, Lane, Loop, Trail, or Path: Shall be reserved for streets with no continuity.

      6.   Private Street Name Designations: Any private street or right-of-way shall be designated as follows: Grove, Heights, Point, or View.

      7.   Temporary Posting of Public or Private Street Name Required:

         a.   In order to ensure the timely and effective delivery of public services, including emergency assistance, provision of utilities, and required inspections, it shall be the responsibility of the subdivider, a duly authorized agent, or other subsequent property owner(s) to ensure the temporary posting of street names in subdivisions or areas of the City where new construction of building(s) is occurring.

         b.   Such temporary posting of a street name shall occur within forty-eight (48) hours after issuance of the first Building Permit to allow construction in a block face.

         c.   Such a street name sign shall be of any material that is weather resistant, shall be lettered to be legible and weather resistant, shall be placed in a location that is convenient and visible and at the appropriate intersection, and shall be maintained until a permanent sign is installed.

         d.   Temporary access to any property based on a temporary posting of a street name shall not be construed as a guarantee of continued usage of any numeric address or street name that may have been assigned at time of approval of temporary access.

         e.   Temporary addressing must comply with all requirements of the Fire Code Official. (Ord. 23-03)

The system for funding a portion of the costs of constructing or expanding roadway bridges for freeways, expressways, and major or minor arterial roadways bridges in the City is established in Section 7.4.702 (Drainage Basin Fee Program). (Ord. 23-03)

   A.   Statement Required: The approved Final Plat shall contain the following statement:

      "No Building Permits shall be issued for building sites within this plat until all required fees have been paid and all required public and private improvements have been installed as specified by the City of Colorado Springs, Colorado Springs Utilities, and the Stormwater Enterprise or alternatively until acceptable assurances including but not limited to letters of credit, cash subdivision bonds or combinations thereof guaranteeing the completion of all required public improvements including but not limited to drainage, Permanent Control Measures, channels, streets, and erosion control have been placed on file with the City of Colorado Springs."

   B.   Specific Requirements Prior to Building Permit Issuance:

      1.   Street Improvements:

         a.   Whenever the tract of land to be platted includes or is adjacent to a major street (street with right-of-way width greater than sixty (60) feet) or a major street is necessary to serve the land to be platted, such major street shall be completed prior to the issuance of Building Permit or acceptable assurance guaranteeing the completion of the major streets shall be filed with the City.

         b.   The City Engineer may authorize the issuance of Building Permits before public street improvements are installed or completed, or before public street improvements are accepted by the City, provided that the permit applicant provides acceptable assurance guaranteeing the completion of the street improvements and agrees simultaneously to construct the street improvements with the buildings for which the permits are issued and acceptable assurances are on file with the City. No buildings constructed shall be occupied, unless otherwise approved by the City Engineer, until the City has issued Probationary Acceptance for the public street improvements.

      2.   Utilities:

         a.   No Building Permits within any plat shall be issued for sites requiring utility extensions and/or service connections until all required utility plans, coordination efforts, agreements, or other specific requirements, as specified by Colorado Springs Utilities, are completed and on file with Colorado Springs Utilities.

         b.   The payment of all utility development charges, recovery agreement charges, and all other Utilities charges associated with the Building Permit process shall be payable in full at the time the Building Permit is issued or as directed by City Council. Such charges shall not be waived for governmental, quasi-governmental, or any other user wishing to connect to a City utility service.

      3.   Stormwater Improvements:

         a.   For the purposes of this Subsection 3, "stormwater improvements" refers to drainage, channel, Permanent Control Measure, and erosion control improvements.

         b.   Whenever the tract of land to be platted includes or is adjacent to a major stormwater improvement (stormwater improvements identified in the City's Drainage Basin Planning Studies and stormwater improvement plans), or a major stormwater improvement is necessary to serve the land to be platted, such major stormwater improvement shall be completed prior to the issuance of Building Permit or acceptable assurance guaranteeing the completion of the major stormwater improvements shall be filed with the City.

         c.   All other public or private stormwater improvements necessary to convey and control the quality of stormwater runoff from or through the land to be platted to protect the building sites for which the Building Permit is requested, or to protect downstream property owners, shall be installed and completed, and public stormwater improvements shall be accepted by the City, before the first Building Permit for the platted land is issued. The Stormwater Enterprise Manager may authorize the issuance of Building Permits before public or private stormwater improvements are installed or completed, or before public stormwater improvements are accepted by the City, provided that the permit applicant provides acceptable assurance guaranteeing the completion of the stormwater improvements and agrees simultaneously to construct the stormwater improvements with the buildings for which the permits are issued and acceptable assurances are on file with the City. No buildings constructed shall be occupied, unless otherwise approved by the Stormwater Enterprise Manager, until the City has issued Probationary Acceptance for the public stormwater improvements and all private stormwater improvements are installed or completed, based on documentation satisfactory to the Stormwater Enterprise Manager.

      4.   Obligations of Landowners: The obligation to provide, construct, or install public improvements as set forth in this Code shall be the obligation of the landowner, and shall run with the land and shall be the obligation of future landowners, successors in interest, assignees, or any other persons who take title to the property or any lot or part of the property.

      5.   Return of Fees and Release of Assurance:

         a.   If it becomes impossible to proceed with a development for which a Final Plat has been approved, under an order of any court or other public authority having jurisdiction, including the City, or as a result of an act of government, including but not limited to a declaration of national emergency making materials unavailable through no act or fault of the subdivider or a natural catastrophe such as flood or earthquake or similar act or occurrence over which the subdivider has no control, the subdivider may apply to the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, for return of fees paid for facilities and release of acceptable assurance on file with the City. No such fee or payment paid shall be refunded or acceptable assurance released unless the recorded plat for which the fees were paid or for which acceptable assurance was filed is vacated.

         b.   Upon receipt of such application, the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, shall investigate the circumstances set forth in the letter of application to verify those circumstances. If the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, finds no sales of land in a subdivision with reference to the final recorded plat, the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, may relieve the subdivider from the requirement of filing acceptable assurance and may release the assurance previously filed with the City and refund the fees paid upon vacation of the plat. If the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, finds that lands have been sold or developed, the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, shall require the installation of all required improvements from the nearest improved street or from the nearest utility main or line of adequate capacity to such point as shall be necessary to serve the land so sold or developed. The City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, may release the assurance as to unsold and undeveloped land beyond that point, provided, however, that the existing stormwater facilities are adequate to protect existing development. No fee or payment for unsold and undeveloped land shall be refunded or acceptable assurance released unless the portions of the recorded plat covering the unsold and undeveloped land for which the fees were paid or for which acceptable assurance was filed is vacated.

         c.   No Building Permit shall be issued for the construction of any improvement on the land for which a fee or acceptable assurance would otherwise be required under this Section 7.4.306 while such release is in effect.

   C.   Renewal and Update of Acceptable Assurance:

      1.   Responsibility of Subdivider: If assurances filed with the City expire, no Building Permits for a building site shall be issued after the date on which they expire. It shall be the responsibility of the subdivider to keep current all assurances filed with the City. The City shall have the right at any time to increase or decrease the amount of assurance in accord with the current estimates of public improvements or utilities, it being the intent of this provision that the subdivider shall pay the entire cost of all improvements, and the subdivider shall limit the subdivider's liability for those entire costs by filing assurances based upon estimates.

      2.   Release of Assurances for Streets and Ancillary Public Improvements: Except as provided in this Section 7.4.306, assurances for streets and ancillary public improvements shall be released upon inspection and acceptance by the City in accord with the Engineering Criteria. If upon inspection of the public improvement deficiencies are found, then only that portion of the public improvements that are found to be acceptable shall be released from assurance. An acceptable amount of assurance as determined by the City shall be maintained to cover the cost of repair or correction. Upon completion of the repair or correction to the satisfaction of the City, the balance of the assurance shall be released. In order to obtain a release of reduction of assurance filed with the City, the request must be made in writing to the City Engineer for an inspection of the improvements covered by the assurance.

      3.   Release of Assurance for Channel, Permanent Control Measure, and Erosion Control Assurance: Except as provided in this Section 7.4.306, assurances for channel, Permanent Control Measure, and erosion control improvements shall be released upon inspection and acceptance by the Stormwater Enterprise in accord with the Engineering Criteria.

      4.   Subdivision Assurance:

         a.   Assurances Provided:

            (1)   Assurances for construction shall be provided by subdividers and other developers responsible for constructing public street and stormwater infrastructure for the City. An assurance in and on a form approved by the City Attorney and issued by a surety approved by the City Attorney, must be posted for public improvements according to the following table:

 

            (2)   Subdivider's Responsibility to Retain Required Amounts of Assurances: In the event the City draws upon a subdivider's or developer's assurance percentage so that the dollar sum of assurance available to the City drops below the assurance percentage required, the subdivider or developer shall within fourteen (14) days increase dollar sum of the assurance to not less than the minimum level shown in the table above.

            (3)   When an assurance for the construction of public infrastructure or private improvements is required pursuant to this UDC, the Manager or City Engineer may approve a single assurance applicable to multiple projects managed by the same subdivider or affiliated subdividers, if the following criteria are met:

               (a)   The subdivider has three or more active projects requiring public or private improvements for which assurances are required;

               (b)   The initial combined total value of public infrastructure and private improvements for active projects is $2,000,000 or fifty (50) percent of the initial total value, whichever is greater; and

               (c)   No funds have ever been drawn by the City of Colorado Springs or any other city or county from an assurance placed on file by the subdivider or any affiliate, nor has any surety that has issued any such assurance been required by the City of Colorado Springs or any other city or county to cause the completion of infrastructure on behalf of the subdivider or any affiliated entity.

            (4)   When the Manager or City Engineer approves a single assurance applicable to multiple projects:

               (a)   The blanket assurance shall be the type and form of assurance as defined in this UDC;

               (b)   The minimum amount of the assurance shall be $2,000,000;

               (c)   The letter of credit or surety bond shall refer to a separate agreement or list that identifies, on an on-going basis, the projects covered by the blanket assurance and lists the City as the beneficiary eligible to draw on the funds immediately upon demand and without in-person presentation in the event the improvements are not completed as required by the approved plans; and

               (d)   If the City determines at any time that the subdivider is not meeting the criteria listed above, the City may cancel the blanket assurance with the subdivider and the subdivider shall submit assurances for individual projects or phases pursuant to this UDC.

         b.   Obligation: Nothing in this Section 7.4.306 shall be deemed to relieve any subdivider or developer of the obligation to complete construction and maintenance obligations for all improvements required by this Part 7.4.3. Forfeiture of assurances under this Section 7.4.306 shall be penal and punitive, and the City shall retain all rights to use forfeited funds in a manner that it deems appropriate.

         c.   Certification of Compliance: All improvements required by this Part 7.4.3 shall be certified in compliance with the approved construction plans and specifications by a professional engineer licensed in the State of Colorado, prior to any acceptance of that infrastructure by the City and prior to commencement of any warranty period. (Ord. 23-03)

   A.   Purpose: It is the policy of the City that whenever land is proposed for residential use, the owner of the land shall provide for land for park needs generated by the proposed residential use through dedication of land, payment of Park Fees in lieu of land dedication, or fulfillment of the dedication requirement by Alternative Park Land Compliance to facilitate adequate provision of park land.

   B.   Applicability:

      1.   General: This Section 7.4.307 shall apply to residential development in all Subdivision Plats that have not satisfied both of the following conditions prior to August 28, 1974:

         a.   The Preliminary or Final Plat must have been approved by the City Council or the Board of County Commissioners of the County of El Paso; and

         b.   The Preliminary or Final Plat must have satisfied all prerequisites of plat approval imposed by this UDC and all provisions and stipulations imposed by the City Council or all prerequisites of plat approval imposed by the Board of County Commissioners of the County of El Paso.

      2.   Residential Development: The following residential uses are subject to the requirements of this Section 7.4.307 (see Part 7.3.2 (Allowed Use Tables)):

         a.   All Household Living Uses;

         b.   Human Services Establishments;

         c.   Group Cooperative Living; and

         d.   Long-Term Care Facility.

      3.   Replatting or Resubdividing: The City will consider the following factors in any replat of land platted prior to September 6, 1973, for which Park Fees were paid or land was dedicated:

         a.   If the replat is to correct engineering errors (legal descriptions), it is exempt from this Section 7.4.307.

         b.   If Park Fees have been paid or land dedicated, or both, the land replatted shall be exempt from the provisions of this Section 7.4.307 unless as a result of such replat residential density is increased. If residential density is increased, the owner shall pay the fees or dedicate land, or both, in those amounts set forth in this Section 7.4.307 as applied only to additional residential units shown on the replat. If residential density is decreased in the replat, the provisions of this Section 7.4.307 shall not apply. No credit for land or fees previously dedicated or paid will be granted if a replat results in a decrease of residential density.

   C.   Compliance Required:

      1.   As a condition of Final Plat approval or Building Permit issuance for each residential development, as applicable, in accordance with the requirements of this Section 7.4.307, every subdivider shall dedicate land for parks in accordance with the dedication requirements in Subsection D below at the time of plat, agree to pay a sum of money sufficient to provide for such needs at the time of Building Permit issuance in accordance with Subsection E below, or provide Alternative Park Land Compliance as set forth in Subsection F below.

      2.   At the time of filing of a Final Plat, the Parks Department shall indicate whether land dedication, Park Fees, or Alternative Park Land Compliance are required. If the City desires land dedication, the Subdivider shall designate the area to be dedicated by the Preliminary and Final Plat.

      3.   Approval of Accessory Dwelling Units shall pay required fees in lieu of land dedication at the time of Building Permit issuance.

   D.   Park Land Dedication Requirement:

      1.   The park land dedication requirement for neighborhood parks is set forth in Table 7.4.3-B and for community parks is set forth in Table 7.4.3-C.

 

 

 

 

      2.   Any land to be dedicated for park use shall be adaptable for use as a neighborhood park or community park as determined solely within the discretion of the Parks Manager. Factors used to evaluate the adequacy of proposed park areas shall include, but not be limited to, size and shape, topography, geology, flora and fauna, access, location, and conformance with the City's Parks System Master Plan.

      3.   All required park land dedication shall be accomplished by plat dedication. The subdivider shall be required to convey clear title to the land to be dedicated to the City in accordance with the subdivision requirements of this UDC and the following:

         a.   The subdivider shall plat any designated park areas and shall indicate the number of acres proposed for residential uses, the number of lots, number and type of proposed dwelling units, and the number of dwelling units within each structure. The plat shall identify land dedicated to the City and reference any easement, covenant, or deed restrictions applicable to private park land. Dedication or conveyance and acceptance of the land shall state that land is to be used for park purposes.

         b.   Any easement, covenants, or deed restrictions for private park land shall be submitted to the City prior to approval of the Final Plat and shall be recorded contemporaneously with the Final Plat.

   E.   Park Fees in Lieu of Land Dedication:

      1.   When the City determines Park Fees are required in lieu of land dedication, the Park Fees due for each lot shall be paid to the City prior to the issuance of any Building Permit for the lot.

      2.   Park Fees are calculated as set forth in Subsection 7.4.307H (Review Requirements).

   F.   Alternative Park Land Compliance:

      1.   General Requirements:

         a.   The City or the subdivider may propose fulfillment of a requirement to dedicate land by Alternative Park Land Compliance. The Parks Manager shall make the final determination of whether the proposed residential development can be adequately served by Alternative Park Land Compliance. The Parks Manager's decision shall be guided by the Park Land Dedication Ordinance Criteria Manual.

         b.   Parks Manager approval shall be conditioned on the execution of an Alternative Park Land Compliance Agreement. The Alternative Park Land Compliance Agreement shall be contingent upon all appropriate land use approvals by the City.

         c.   If the Parks Manager denies the request for Alternative Park Land Compliance, the subdivider shall comply with this Section 7.4.307 in accordance with the requirements of Subsections D or E above. The decision of the Parks Manager of whether to approve Alternative Park Land Compliance is administrative and not subject to appeal.

      2.   Types of Alternative Park Land Compliance: One (1) or more of the following park types may be used to meet the Alternative Park Land Compliance standards:

         a.   Neighborhood Park Land Owned by Metropolitan Districts; Special Districts, and Common Interest Community Associations: Non-City-owned land provided and intended to be used and maintained by or for the future residents of the development for park-related purposes may be credited against the requirement of land dedication for neighborhood park purposes up to a maximum of 100 percent of the dedication

   requirement depending upon the extent to which the land serves the overall park and recreation needs of the future residents of the development, provided that the following standards are met:

            (1)   Building and parking setbacks required to be maintained under this UDC are not included in the computation of such land;

            (2)   Operation and maintenance of the land is adequately provided for by written agreement with the City;

            (3)   Reasonable rules and regulations are established for the land and the land remains accessible to the general public for park related uses;

            (4)   The use of the land is permanently designated for park purposes, by recorded document such as an easement, covenant, or by deed restriction which runs with the land and which cannot be defeated or eliminated without the consent of the City Council;

            (5)   The proposed land is reasonably adaptable for use for neighborhood park purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

            (6)   The City approves a land use Development Plan or park Development Plan.

         b.   Multiuse Trail Corridors: Land dedicated for trails that are a minimum of fifty (50) feet wide may be credited against the requirement of dedication for neighborhood and community park purposes up to a maximum of one hundred (100) percent of the dedication requirement, provided the following standards are met:

            (1)   The proposed trail dedication is consistent with the multiuse trail system identified within the City's Park System Master Plan, is within the land use master planned area, and is adjacent to, or within, the developed area.

            (2)   The portion of any trail dedication that satisfies neighborhood park land dedication requirements must be located within the same Geographic Service Area that serves the subdivider's residential development.

         c.   Open Space: Land dedicated for Open Space may be credited against the requirements of dedication for neighborhood and community park purposes up to a maximum of fifty (50) percent of the dedication requirement, provided the dedicated land is consistent with the Open Space Candidate Areas identified within the City's Park System Master Plan and exhibits significant natural resources and open space values

         d.   Mini Parks, Plazas, Industrial Parks, and Other Alternative Forms of Park Lands: Where mini parks, plazas, Industrial parks or other alternative forms of park related lands are appropriate to meet park needs, land dedicated and used for mini parks, plazas, Industrial parks or other alternative forms of park related lands may be credited against the requirement of dedication for neighborhood park purposes up to a maximum of one hundred (100) percent of the dedication requirement. If the land is not City-owned, the requirements of Subsection a above apply.

         e.   Acceptance of Park Facility Construction or Expansion of Existing Park Facilities: If the Parks Manager determines that park facility construction or expansion of an existing park facility is needed to serve the residential development, construction of park facilities may be credited against the requirement of dedication for neighborhood or community park purposes up to a maximum of one hundred (100) percent of the dedication requirement, provided the following standards are met:

            (1)   The Subdivider and the City enter into a written agreement that identifies the specific terms and conditions for construction and expansion;

            (2)   The new park facility construction and expansion is not otherwise required by this UDC or other building;

            (3)   A Development Plan or Park Master Plan is approved by the City;

            (4)   The proposed park facility construction or expansion to be substituted for Neighborhood park dedication requirements is located within the same Geographic Service Area serving the subdivider's residential development; and

            (5)   The proposed park facility construction or expansion is in conformance with and supports the City's Park System Master Plan.

   G.   Expenditure of Park Fees: Park Fees collected in accordance with this Section 7.4.307 shall be spent as follows:

      1.   Neighborhood Park Fees: Neighborhood Parks are intended to serve neighborhoods within a Geographic Service Area. Park Fees collected by the City for Neighborhood park dedication shall be applied within the same Geographic Service Area or an adjacent Geographic Service Area to the development in order to benefit the neighborhood for which the Park Fees were paid.

      2.   Community Park Fees: Community parks are intended to serve as destination parks for all City residents. Park Fees collected by the City for Community park dedication may be applied anywhere within the City to acquire, develop, or redevelop Community parks.

   H.   Review of Requirements:

      1.   The Parks Board and the Planning Commission shall review the park land dedication requirements and household dwelling data and this part and pertinent dwelling density data once every four (4) years and make a recommendation regarding any needed amendments to City Council.

      2.   City Council shall establish Park Fees, by resolution, once every four (4) years. In addition to applicable Platting Fees, Park Fees shall include a benchmark average value for one acre of unplatted, undeveloped land Citywide. Beginning in the year 2021 and every subsequent four (4) years, the Parks Department shall request that the City's Real Estate Services Manager contract with a certified land appraiser doing business in the City, to conduct a study of the land value for one acre of unplatted, undeveloped land Citywide and in each of the Geographic Service Areas. The Parks Manager shall present the study to the Parks Board and to the Planning Commission. The Parks Board and Planning Commission shall each then make a recommendation for Park Fees to City Council. Park Fees shall be administratively updated to include any Platting Fees that are amended from time to time.

      3.   By resolution, City Council shall adopt or amend the Geographic Service Areas boundaries as necessary. City Council shall provide for at least eight Geographic Service Areas within the City, which shall be designated in a manner to ensure that park services are located in reasonable proximity to residential development.

   I.   Park Land Dedication Ordinance Criteria Manual: The City Council shall review and adopt by resolution a Park Land Dedication Ordinance Criteria Manual, which may be amended from time to time, and which provides the Parks, Recreation and Cultural Services Department policies and standard procedures regarding the administration of this Section 7.4.307.

(Ord. 23-03; Ord. 25-04)

   A.   Purpose: It is the policy of the City that whenever land is proposed for residential use, the owner of the land shall provide land for school needs generated by the proposed residential use through the dedication of land or payment of fees in lieu of land dedication, or both.

   B.   Applicability:

      1.   General: This Section 7.4.308 shall apply to residential development in all Subdivision Plats that have not satisfied both of the following conditions prior to August 28, 1974:

         a.   The Preliminary or Final Plat must have been approved by the City Council or the Board of County Commissioners of the County of El Paso; and

         b.   The Preliminary or Final Plat must have satisfied all prerequisites of plat approval imposed by this UDC and all provisions and stipulations imposed by the City Council or all prerequisites of plat approval imposed by the Board of County Commissioners of the County of El Paso.

      2.   Replatting or Resubdividing: The following considerations will be taken in account in any replat of land platted prior to September 6, 1973, for which School Site Fees were paid or land was dedicated:

         a.   If the replat is to correct engineering errors (legal descriptions), it is exempt from this Section 7.4.308.

         b.   If School Site Fees have been paid or land dedicated, or both, the land replatted shall be exempt from the provisions of this Section 7.4.308 unless as a result of such replat residential density is increased. If residential density is increased, the owner shall pay the fees or dedicate land, or both, in those amounts set forth in this Section 7.4.308 as applied only to additional residential units shown on the replat. If residential density is decreased in the replat, the provisions of this Section 7.4.308 shall not apply.

   C.   School Land Demand: The City has determined that the following information is a reasonable and valid basis for determining the City's school land dedication requirement.

      1.   The minimum acreage requirements for schools, assuming ideal site topography, are set forth in Table 7.4.3-D.

 

 

      2.   The survey area for the school population study of June 1973, set forth in Table 7.4.3-E is typical of the developing areas in the City.

 

      3.   The demand for land for school sites for new development is set forth in Table 7.4.3-F.

 

   D.   Dedication or Fee-in-Lieu Required:

      1.   School Site Requirement:

         a.   Based on the data presented in Subsection C above, the school site land dedication requirement is 0.0048 acres (two hundred and nine (209) square feet) per dwelling unit for residential development with a density greater than eight dwelling units per acre, and 0.02 acres (eight hundred and seventy-one (871) square feet) per dwelling unit for residential development with a density of eight (8) dwelling units per acre or less. Land to be dedicated for a school site shall meet the following criteria:

            (1)   Provides adequate access;

            (2)   Include a proper general configuration; and

            (3)   Contain suitable physical characteristics, such as drainage, vegetation, and soil type.

         b.   The fee in lieu of land dedication is $76,602 per acre.

      2.   Procedure for Determining Land Dedication or Payment of Fee-in-Lieu:

         a.   At the time of filing a Final Plat, if the Colorado Springs Comprehensive Plan or an approved Land Use Plan or Development Plan for the for the area including the plat area indicates a site for a future school, the Subdivider shall contact the school district to determine the desire of both agencies regarding the area.

         b.   At the time of filing a Preliminary or Final Plat, the appropriate school district shall indicate whether land dedication or fees in lieu of land are required for school purposes. The appropriate school district shall submit their recommendations to the Planning Department within ten (10) days of notification that a plat has been filed.

      3.   Procedure for Dedication of Land: Dedication when required shall be accomplished by transfer of deed or dedication by plat. This must be done prior to approval of the Preliminary/Final or Final Plat. The subdivider shall be required to convey clear title to the land to be deeded or dedicated to the school district. Where the subdivider cannot convey clear title at the time of Final Plat approval, the City Council may, in its discretion, accept a contract to convey the land at a later time certain accompanied by an acceptable assurance guaranteeing payment of a sum equal to the value of the land. Where the site is under the control of a third party, a similar three-party arrangement may be made.

      4.   Procedure for Payment of Fee-in-Lieu: Where fees are required, such fees shall be paid at the time of platting. School Site Fees shall be made payable to the appropriate school district.

   E.   Additional Information Required on All Plats: The Final Plat shall record the manner of compliance with the provisions of this Section 7.4.308. As appropriate, the plat shall record acreage dedicated. Dedication or conveyance and acceptance of the land shall state that land is to be used for school purposes.

   F.   Cost of Development of School Site: If land is dedicated to a school district in accordance with this Section 7.4.308, the school district shall be required to pay its share of costs incurred in the development of the school including but not limited to adjacent roads, drainage, sidewalks, and utility extensions. The payment of these costs shall be deferred until funds are appropriated and may be deferred pursuant to a recovery agreement between the landowner and the school district so that the costs need not be paid by the school district until improvements to the land are completed and the land is put to public use. If payment of costs is deferred pursuant to a recovery agreement, ten percent of the costs shall be added to the costs for each year up to fifteen (15) years.

   G.   Disposal of Surplus School Land: If any school district which has received school site land as a result of the provisions of this Section 7.4.308 determines that the land will not be used for school purposes, the following disposal procedure shall be followed:

      1.   That portion of the school site adjacent to the park site that was to be used as a joint site for recreational activities by both the City and school district or that portion of the school site that can be used for recreational activities or any portion thereof that can be used for recreational activities, as determined by the Parks, Recreation and Cultural Services Manager, shall be offered to the City for park or open space purposes. If the City accepts such offer, the City shall reimburse the school district and/or the landowner in an amount equal to the amount of land times the current School Site Fee in effect at the time of the school site disposal plus any actual costs incurred by the school district in the development of the portion of the school site acquired including but not limited to adjacent roads, drainage, or sidewalks. Ten percent of the actual costs shall be added to the actual costs for each year up to fifteen (15) years.

      2.   If the Parks, Recreation and Cultural Services Manager determines that the City does not desire the recreational portion of the school site or only desires a portion of the recreational portion of the school site, then the school district shall offer all of the remaining surplus school site to the person who dedicated such real property for school purposes. If the person who dedicated the property desires to acquire the land from the school district, that person shall trade, if possible, for other land the school district desires or that person shall pay the current School Site Fee in effect at the time of the school site abandonment plus any actual costs incurred by the school district in the development of the site including but not limited to adjacent roads, drainage, or sidewalks. Ten (10) percent of the actual costs shall be added to the actual costs for each year up to fifteen (15) years.

      3.   If there is any school site land left over after the City and original dedicating person have made their decisions regarding acquisition of such site, the school district may offer the land for sale subject to applicable State statutes, rules, and regulations.

      4.   Anyone other than the City that acquires surplus school site property shall be required to meet all the terms and conditions of this UDC before developing such land. (Ord. 23-03)

   A.   Purpose: Subdividers of land shall provide land for off-street bicycle paths in the recommended network of the Bicycle Master Plan and Parks Master Plan. It is the purpose of this Section 7.4.309 to require the dedication of land to fulfill the needs set forth in the Bicycle Master Plan and Parks Master Plan, as adopted by City Council.

   B.   Access and Connectivity: All required street improvements shall comply with the access and connectivity standards in Part 7.4.4.

   C.   Dedication of Land for Off-Street Bicycle Paths:

      1.   Bicycle Paths Located Adjacent to Arterial Streets: Where an off-street bicycle path is to be located adjacent to a major street, as shown by the Bicycle Master Plan and Parks Master Plan, the subdivider shall be required to dedicate an amount of right-of-way or provide a public access easement sufficient to accommodate the appropriate bicycle facility as directed by Traffic Engineering per the guidance of the Engineering Criteria, and the standards set in the Bicycle Master Plan.

      2.   Bicycle Paths Not Located Adjacent to Arterial Streets: Where an off-street bicycle path is to be placed in a location that is not adjacent to a major non-arterial street, as shown by the Bicycle Master Plan, the subdivider shall be required to dedicate an amount of right-of-way and/or provide a public access easement such that a strip of land at least fourteen (14) feet in width is available for the placement of a bicycle path. The required strip of land may include a combination of available public utility or public drainage right-of-way or easement, additional dedicated right-of-way, public access easement, or a combination of the those means. The Colorado Springs Utilities Chief Executive Officer, Stormwater Enterprise Manager, and City Engineer shall determine the amount of public utility or public drainage right-of-way or easement available for this purpose. In no instance shall bicycle path improvements conflict with utility or stormwater facilities. (Ord. 23-03)

This Part 7.4.4 is intended to implement the policy of the City that:

   A.   Streets shall be planned, located, constructed, named, and numerically addressed to promote the health, welfare, and safety of the public. Streets in the City shall provide for ease of vehicle, bicycle, pedestrian, emergency response, and public transit circulation and the lessening of traffic congestion. Streets shall be designated and constructed to provide for safe and convenient resolution of potential conflicts between alternative modes of transportation.

   B.   Major streets shall provide for the rapid and relatively unimpeded movement of vehicular traffic throughout the City, while still accommodating safe and convenient movement of pedestrians on the City's arterial streets, and major streets shall be located so as to provide access to major land use or activity centers in the City.

   C.   Minor streets shall provide safe and convenient vehicle, bicycle, and pedestrian access to all property in the City. (Ord. 23-03)

   A.   Compliance with Life Safety Regulations: In addition to all other provisions of this Part 7.4.4, all developments shall comply with all applicable regulations and standards for fire protection, emergency vehicle access, and life safety adopted by the City, including without limitation those that may limit the number of residential dwelling units relying on a limited number of vehicle access points. If there is a conflict between the requirements of this Section and life safety or engineering standards, the Manager in consultation with the Public Works Director and managers of affected Departments shall determine which standard shall apply.

   B.   Americans with Disabilities Act:

      1.   Compliance with the Americans with Disabilities Act ("ADA") and other Federal and State accessibility laws is the sole responsibility of the property owner. Therefore, compliance with this Code does not assure compliance with the ADA or any other federal or state accessibility laws or any regulations or guidelines enacted or established under or with respect to such laws. The City of Colorado Springs is not responsible for enforcement of the ADA or any other federal or state accessibility laws.

      2.   The following note shall be added to all Development Plans prior to approval:

      "The parties responsible for this plan have familiarized themselves with all current accessibility criteria and specifications and the proposed plan reflects all site elements required by the applicable ADA design standards and guidelines as published by the United States Department of Justice. Approval of this plan by the City of Colorado Springs does not assure compliance with the ADA or any other Federal or State accessibility laws or any regulations or guidelines enacted or established under or with respect to such laws. Sole responsibility for compliance with Federal and State accessibility laws lies with the property owner."

      3.   Each Development Plan submitted to the City of Colorado Springs shall illustrate the provision of ADA accessible routes in accord with the applicable ADA design standards and guidelines as published by the United States Department of Justice with clearly identified corridors reflected on the site Development Plan, as applicable. (Ord. 23-03)

The following standards apply to the layout and design of subdivisions approved after the Effective Date, including all streets whether public or private.

   A.   Street System: Design and development of the street system in a Subdivision Plat shall conform to the requirements of this Section 7.4.403. Whenever a tract shown on a Subdivision Plat includes or is adjacent to a major street designated on the Major Thoroughfare Plan, that section of the major street shall be dedicated and constructed in the location and at the width indicated on the plan.

   B.   Street Layout:

      1.   External Access:

         a.   All subdivisions shall provide vehicular access to the street system outside the subdivision in accordance with the table below unless the exemptions in Subsection b below apply.

 

 

         b.   The Manager, City Engineer, and Fire Department may approve a subdivision with fewer access points than required in Subsection a above if the applicant demonstrates one (1) of the following:

            (1)   The provision of additional vehicular access points is not possible due to existing lot configurations, the absence of connecting streets, or environmental or topographical constraints;

            (2)   CDOT or another non-City jurisdiction will not authorize additional access points and there is no reasonable alternative that avoids the use of the CDOT or other non-City roads on which access is limited;

            (3)   Alternative access can be provided in a manner acceptable to the City that provides adequate vehicular circulation and is supported by a traffic impact study acceptable to the City; or

            (4)   All units are provided with an approved fire sprinkler system.

      2.   Future Streets: The street system shall be designed to align with and continue existing or proposed streets in adjacent lands, where the adjoining lands are developed and have rights-of-way dedicated or reserved for such connections, or where proposed roads to the adjacent lands are included on a Land Use Plan, the Colorado Springs Comprehensive Plan, or another plan approved by City Council. All such streets shall be of equal width in right-of-way and in street section with the existing or planned streets on the adjacent lands with which they align.

   C.   Street Design:

      1.   Basic Street Design: Except in cases where the Major Thoroughfare Plan, Land Use Plan, or a plan adopted by City Council line specifies a greater or lesser width as a minimum, the minimum right-of-way, roadway, planter strip, sidewalk and pedestrian way widths shall comply with the standards in the Engineering Criteria.

         a.   On-Street Bicycle Routes: All streets designated by the Bicycle Master Plan or the Parks Master Plan as on-street bicycle routes shall be designed as indicated in the Engineering Criteria or pursuant to the direction of the City Engineer. The subdivider shall include with the Development Plan a master facilities plan to the Manager, City Engineer, Stormwater Enterprise Manager, and Colorado Springs Utilities Chief Executive Officer for review. The master facilities plan shall show the placement and size of all public facilities including curb, gutter, sidewalks, pavement, utility lines, and stormwater facilities and easements, and shall be approved by the Manager and City Engineer and/or Colorado Springs Utilities Chief Executive Officer.

         b.   Off-Street Bicycle Paths Located Adjacent to Arterial Streets: Where bicycle paths are to be located adjacent to arterial streets, as shown by the Bicycle Master Plan or the Parks Master Plan, the street right-of-way, bike path, and planter strip dimensions shall be designed as indicated in the Engineering Criteria or pursuant to the direction of the City Traffic Engineer. The subdivider shall submit a master facilities plan to the Manager, City Engineer, Stormwater Enterprise Manager, and Colorado Springs Utilities Chief Executive Officer for review. The master facilities plan shall show the placement and size of all public facilities including curb, gutter, sidewalks, pavement, utility lines, and stormwater facilities and easements, and shall require approval by the Manager and the City Engineer, Stormwater Enterprise Manager, and/or Colorado Springs Utilities Chief Executive Officer.

      2.   Frequency of Street Intersections and Visibility: Street intersections shall be at right angles or as nearly so as topography and other limiting factors of good design will permit. "T" or "cross" intersections shall be used wherever possible and intersections designed on a curve shall not be allowed except when topography or other limiting factors warrant. Frequency of intersections shall be as outlined in this Part 7.4.4, as applicable, and in the Engineering Criteria.

      3.   Cul-De-Sacs:

         a.   The maximum length of the cul-de-sac shall allow for effective fire protection in the event the entrance to the cul-de-sac is wholly or partially blocked, and for efficient provision of utilities. The Development Plan shall not include any cul-de-sac over seven hundred and fifty (750) feet in length, as measured from the curb line at the farthest end of the cul-de-sac to the centerline of the through street to which it connects, unless the applicant obtains approval of the Fire Code Official and City Engineer and/or Colorado Springs Utilities Chief Executive Officer in conjunction with the review of the Development Plan.

         b.   Whenever a cul-de-sac over five hundred (500) feet is provided, a pedestrian access or public utility easement at least twenty (20) feet in width shall be provided where feasible based upon site or topography conditions between the cul-de-sac head or street turnaround and the sidewalk system of the closest adjacent street or walkway to encourage neighborhood connectivity.

      4.   Half Streets: Half streets or portions of a street are prohibited unless specifically approved by City Engineering.

      5.   Alleys: Where provided, alleys shall be fully improved to the specifications of the Engineering Criteria, shall contain a right-of-way width of at least twenty (20) feet, and shall be certified by the City Engineer as meeting such design specifications. Where alleys are intended to be used as a fire apparatus access road, they shall also meet the requirements of the Fire Code Official for such roads.

      6.   Grades: Grades shall be as prescribed in the Engineering Criteria.

      7.   Curves: Minimum horizontal and vertical curves shall be as prescribed in the Engineering Criteria.

      8.   Temporary Dead End Streets: On stub end streets designed to provide future connection with adjoining unsubdivided areas, there shall be provided a temporary turnaround at the stub end or a temporary connection to another street if required by the City Engineer or Fire Code Official. If such a provision is required, the design for such stub end or connecting street shall be approved by the City Engineer and Fire Code Official.

      9.   Vehicle Access: Access from arterial streets into a residential development shall meet the requirements of the table below.

 

 

   D.   Sidewalks and Pedestrian Curb Ramps: The following standards shall apply to the installation of curbs, sidewalks, pedestrian walkways, and curb ramps. Additional standards related to pedestrian ways may apply.

      1.   Sidewalks, Accessways, and Pedestrian Walkways:

         a.   Sidewalks shall be required on both sides of all City streets as provided below and shall comply with the following standards:

            (1)   In residential developments that are not zoned PDZ and that have a density of two (2) dwelling units per acre or less, sidewalks are required on both sides of all public and private streets.

            (2)   In PDZ residential developments, sidewalks shall be required on both sides of all public and private streets.

         b.   Notwithstanding Subsections (1) and (2) above, sidewalks shall be required adjacent to all developed parks and schools. Where a sidewalk is not required, an ADA-compliant Pedestrian Accessible Route must be identified and may be required to include curb ramps, sidewalks, walkways, and other compliant infrastructure.

         c.   All sidewalks shall comply with the following standards:

            (1)   Sidewalks shall be constructed in accord with Engineering Criteria, subject to modification by the City Engineer based on topography or site conditions.

            (2)   All required sidewalks and pedestrian walkways shall be installed at or before the time of issuance of any Certificate of Occupancy for an adjacent property. The Certificate of Occupancy will be withheld until all sidewalks are completed.

            (3)   If required sidewalks or pedestrian walkways have not been installed at the time of issuance of the Certificate of Occupancy due to inclement weather or another reasonable delay approved by the City Engineer, then an acceptable assurance pursuant to Section 7.4.306 (Assurances and Guarantees for Public Improvements) shall be placed on file with the City Engineer prior to final inspection and issuance of the Certificate of Occupancy. The City will release assurances upon inspection and acceptance of the sidewalks.

      2.   Accessways: In the MX-M, MX-L, and MX-I zone districts, accessways that accommodate bicycles, pedestrians, and other non-motorized access and that are open to the public shall be required through and near the middle of any block that is longer than six hundred (600) feet, as measured from the near side right-of-way line of the subject street to the near side right-of-way line of the adjacent street on the opposite side of the block. Accessways shall not be required if the applicant demonstrates there is no appropriate destination at the other end (e.g., the accessway would terminate at a lake). Where required, these accessways:

         a.   Shall be a minimum of fourteen (14) feet in width;

         b.   May use an alley for a portion of the through connection; and

         c.   Shall terminate at public sidewalks or other spaces accessible to the public.

      3.   Curb Ramps:

         a.   All new development requiring sidewalks shall provide adequate and reasonable access for the safe and convenient movement of physically handicapped persons as required by the Americans with Disabilities Act.

         b.   Curb ramps shall be constructed at all pedestrian crosswalks at all intersections in conjunction with the construction of the new street, or if street curbs exist, the curb (curb and gutter) shall be removed and a ramp installed.

         c.   Limiting conditions or safety concerns such as physical constraints, limited sight visibility, steep grades, drainage problems with a potential for property damage or undesirable crosswalk locations, as determined by the City Engineer, may necessitate the exclusion of a pedestrian ramp. Where such conditions exist, the City Engineer may grant a waiver for such locations after written request is received detailing the request and appropriate limiting conditions or problems. (Ord. 23-03)

The following standards apply to the layout and design of Development Plans for development on approved subdivision lots after the Effective Date.

   A.   Multi-family Development and Mixed-Use and Business Park Districts: The following standards apply to all multi-family development and to all development in Mixed-Use zone districts and the BP zone district, and to PDZs containing multi-family, mixed-use, or business park development approved after the Effective Date.

      1.   Vehicle Connectivity: Internal streets or driveways shall be located between multiple buildings and parking areas on a single lot or on adjacent lots included in a Development Plan, or to break up large parcels into smaller, internal "blocks," and to avoid the need to use adjacent arterial or collector streets to move between different buildings or areas of the development site. Such connections shall:

         a.   Create internal "blocks" for which the perimeter of each "block" created by internal streets and external streets is no greater than two thousand, six hundred forty (2,640) feet.

         b.   Include a driving surface at least sixteen (16) feet wide if designed for two-way traffic, and eight (8) feet wide if designed and signed for one-way traffic. Where intended to be used as a fire apparatus access road, they shall also meet the requirements of the Fire Code Official for such roads.

      2.   Vehicle Access: Vehicular access lots located on arterial streets shall provide site access meeting the requirements below and the Engineering Criteria.

         a.   Curb cuts shall be located pursuant to the guidelines of the Engineering Criteria, and no more than the required number of curb cuts shall be used. For redevelopment sites, existing curb cuts are encouraged to be combined and may be used if approved by the City Traffic Engineer.

         b.   Vehicle entrances and exits shall be located a minimum distance from any intersecting right-of-way pursuant to guidelines of the Engineering Criteria.

         c.   Vehicle entrances and exits shall be located at least five (5) feet from any side property line adjacent to a Residential zone district containing a single-family and duplex residential development, and shall be located at least twenty (20) feet from any side property line adjacent to any other type of development, except where it is possible to provide one shared access point to serve the adjacent property on the other side of that property line.

         d.   Primary access points shall not require traffic entering or leaving the site to use local streets that serve the R-E, R-1 9, R-1 6, R-2, or R-Flex Low zone districts or that serve approved PDZs containing predominantly single-family detached dwellings or two-family dwellings to the maximum extent feasible.

      3.   Pedestrian and Bicycle Access and Connectivity:

         a.   Required Pedestrian Connections: The following pedestrian connections are required, shall be constructed in accordance with the standards in Subsection b below, and shall support the bicycle connections required in Subsection c below to the maximum extent feasible, as determined by the Manager.

            (1)   Between Main Entry and Public Sidewalk: Each development shall provide a safe, convenient, and accessible pedestrian connection from the main entrance of a building to a public sidewalk or internal walkway that connects to a public sidewalk.

            (2)   To Adjoining Streets: Each development shall provide pedestrian connections between internal and perimeter sidewalks at a maximum of one thousand (1,000) feet along the perimeter street (i.e. pedestrians along the perimeter sidewalks shall be able to find a sidewalk connection into the internal sidewalk system without walking more than one thousand (1,000) feet along the perimeter of such a site.), or as approved by the Manager.

            (3)   Between Multiple Primary Buildings on a Site: Development containing more than one primary building shall provide walkways that connect the principal entrances of all primary buildings.

            (4)   To Adjacent Development: Perimeter sidewalks and internal walkways shall align and connect with any perimeter sidewalks and internal walkways on adjacent properties that extend to the boundary of such properties, to the maximum extent feasible.

            (5)   To Transit Stops: Development within two hundred (200) feet of a transit stop shall provide walkways that connect the on-site pedestrian circulation system to the transit stop, or to a public sidewalk that connects to the transit stop, along a reasonably direct route, or as approved by the Manager.

            (6)   Through Large Parking Lots: Each parking lot containing one hundred (100) or more parking spaces, any of which are located more than three hundred and thirty (330) feet from the front façade of a building, shall contain walkways designed to allow pedestrians to access the front door of the primary building without the need to walk through parking areas and minimizing the need to cross driving lanes, or as approved by the Manager. See figure below.

         b.    Standards for Pedestria n Connecti ons:

            (1)    Walkway s shall be a minimum of five (5) feet wide.

            (2)   When a lot is adjacent to a public open space that includes existing or planned trails, a direct pedestrian connection at least six (6) feet wide from the development to the existing or planned trail shall be provided.

            (3)   In a parking lot containing fifty (50) or more spaces, at each point where a sidewalk must cross a parking lot, internal street, or driveway to make a required connection, the crossing shall be clearly marked using one of these methods:

               (a)    Changing material, patterns, or paving color;

               (b)   Painting a distinctive color;

               (c)    Changing paving height;

               (d)    Decorative bollards or planters;

               (e)   Raised median walkways with landscaped buffers;

               (f)   Stamped or stained concrete; or

               (g)   As otherwise approved by the Manager.

         c.   Bicycle Connections: On-site bicycle accesses that connect the on-site circulation system to existing or proposed streets, to bicycle connections, and to driveways open to the public that on adjacent properties shall be provided to the maximum extent feasible.

   B.   LI and GI Zone Districts: The following standards apply to development in the LI and GI zone districts approved after the Effective Date.

      1.   In Development Plans and that include primarily industrial uses, the street layout shall generally align with the arterial and collector street system to the maximum extent feasible.

      2.   Shared internal roadways and defined truck routes that avoid conflicts with primarily residential and commercial use areas shall be included to the maximum extent feasible.

      3.   Where an LI or GI zone district occurs along an arterial street frontage and residential use areas are located across the arterial street, entries serving the LI or GI zone district shall be placed out of alignment with entries to residential use areas.

      4.   No curb cut sized or designed for site access into an LI or GI zone district by a semi-truck tractor or trailer, or for site access by a commercial vehicle, trailer, or bus exceeding six thousand (6,000) pounds empty weight, shall be permitted on streets that separate R-E, R-1 9, R-1 6, R-2, or R-Flex Low zone districts from the LI or GI zone district.

      5.   Access and circulation shall be designed so that loading docks and loading dock doors are internally oriented and are shared with adjacent industrial development in order to consolidate and minimize street access points, to the maximum extent feasible. (Ord. 23-03)

The purpose of this Part 7.4.5 is to identify geologic conditions that may pose hazards to a land development project in order that avoidance or appropriate mitigation techniques are implemented. The types of geologic hazards to be identified shall include but not be limited to the following: expansive or compressible soils and bedrock and steeply dipping bedrock; unstable or potentially unstable slopes; landslide areas or potential landslide areas; debris flow and debris fans; rockfall areas; faults; areas of possible subsidence (areas of abandoned mining activity); shallow water tables; groundwater springs; flood prone areas; and landfills and areas of uncontrolled and undocumented fill. (Ord. 23-03)

   A.   A Geologic Hazard Study shall be required in conjunction with the City's review of the following type of applications or hazard areas:

      1.   An application where any portion of the land is within the HS-O district, the SS-O district, or a 100-year floodplain;

      2.   An application where any portion of the land is within Potential Landslide Susceptibility and Mine Subsidence areas on maps published by the Colorado Geological Survey; or

      3.   An application where the owner, applicant, or City staff are aware that the land contains any of the following:

         a.   Existing or proposed slopes exceeding thirty-three (33) percent or that are otherwise unstable or potentially unstable;

         b.   Underground mining or subsidence activity;

         c.   A history of a landfill or uncontrolled or undocumented fill activity; or

         d.   Other geologic hazards that pose a risk to the proposed project development on land with seismicity, collapsible or compressible soils, shallow water table or springs, steeply dipping bedrock, expansive soils, or expansive bedrock that cannot be mitigated with standard foundation design/construction practices.

   B.   If required by Subsection A above, a Geologic Hazard Study shall be required in conjunction with the City's review of the following type of applications:

      1.   Rezoning requests when the Manager or City Engineer determine that a potential a geological hazard is present;

      2.   New or updated Land Use Plans;

      3.   Final Plats when a geologic hazard study for the property has not previously been reviewed by the City or if assumptions and recommendations that were in place at the time a previously accepted geological hazard study are no longer valid;

      4.   Development Plans (including expired Development Plans which are being reinstated) are required to submit a Geologic Hazard Study. If a previous Geologic Hazard Study was submitted with a Development Plan, but the Study was based on assumptions and recommendations that are no longer valid a new Geologic Hazard Study is required with the Development Plan submittal; and

      5.   Public improvement construction drawings.

   C.   The City Engineer may request a site-specific Geologic Hazard Study in conjunction with a Building Permit for a new, reconstruction, or an expansion of the building footprint or deck where no previous Geologic Hazard Study has been reviewed by the City as part of the zone change, Development Plan, or Final Plat if one of the following conditions apply:

      1.   Changes in drainage pattern or water flow in an area of landslide susceptibility; or

      2.   Excavation or vertical penetration greater than three (3) feet in depth on existing slope of fifteen (15) percent grade or steeper.

   D.   A Geological Hazard Study is not required in the following situations:

      1.   Replats of previous subdivisions in which buildings exist on the proposed lots and no new structures (not including fences) or new building sites are being created; or

      2.   Development Plans that do not propose new building(s) or additions to existing building(s) and no significant grading is to occur on site.

   E.   Where subdivision plats do not propose new building sites, the Manager and City Engineer may allow the Geologic Hazard Study to be delayed until the submittal of the Development Plan if the subdivision plat was submitted in conjunction with a Land Use Plan and the Geologic Hazard Report was determined by City Engineering staff not to be needed at time of Land Use Plan.

   F.   Geologic Hazard Waivers:

      1.   The requirement for a Geologic Hazard Study may be waived if the following conditions exist:

         a.   Land Use Plans, Development Plans, or subdivision plats for which Geologic Hazard Studies have been previously prepared and reviewed and which are still considered by the City Engineer as relevant. The City Engineer may request a validation letter for previously approved geologic hazard report or may require a new Geologic Hazard Study; and

         b.   A geologic hazard waiver is approved for development proposals for sites that do not exhibit characteristics listed within Subsection A.3 above.

      2.   To obtain a waiver, the applicant shall submit a waiver request, which states the project meets the above noted criteria, and is prepared by a professional geologist or geotechnical engineer, who meets the qualifications listed in Section 7.4.503 (Preparation of Geological Studies and Report Guidelines) below. (Ord. 23-03)

Each required Geologic Hazard Study shall be prepared in accordance with the guidelines, criteria, policies and requirements for preparation, submittal, and review of a Geologic Hazard Study in the Engineering Criteria and shall be:

   A.   Prepared by, or under the direction of, a professional geologist as defined by C.R.S. § 23-41-208, or by a qualified Professional (geotechnical) Engineer licensed by the Colorado State Board of Licensure for Architects, Professional Engineers and Professional Land Surveyors; and

   B.   Signed by the professional geologist and/or by the Professional (geotechnical) Engineer who prepared or certified the study. (Ord. 23-03)

   A.   The requirements for scope of the Geological Hazard Study are included in the Engineering Criteria. In general, the Study shall be of sufficient detail and scope to:

      1.   Identify the geologic hazards affecting the development site;

      2.   Analyze the potential negative impacts the geologic hazards will have upon the proposed project;

      3.   Provide mitigation techniques that will reduce to acceptable standards the risk posed to the development by any identified geologic hazards;

      4.   Analyze potential impacts the proposed project will have on surrounding properties or public facilities related to existing geologic hazards; and

      5.   Provide recommendations to be incorporated into the proposed project that mitigate significant potential impacts to surrounding properties or public facilities.

   B.   The conclusions and recommendations of the study shall be based upon:

      1.   Site Specific Subsurface Investigations (not required for Land Use Plan level studies);

      2.   Site reconnaissance to identify the geologic features of the site and surrounding property;

      3.   Review of previous geologic reports within close proximity to the subject site;

      4.   Review of past geologic mapping in the area; and

      5.   Conclusions drawn from the experience of the reviewing geologist or geotechnical engineer. (Ord. 23-03)

   A.   Geologic Hazard Studies:

      1.   Geologic Hazard Studies will be reviewed by City staff in conjunction with the City's standard review of the application. If the City review determines that the Study submitted is incomplete or fails to comply with the City's requirements, the Study may be rejected and a new or supplemental study shall be required. The City's review shall determine whether the findings, conclusions and recommendations of the Study have been incorporated into the design of the Development Plan, Subdivision Plat, drainage plan, grading plan, street construction documents, and other public improvement construction drawings. In cases where significant geologic hazards are identified, appropriate mitigation measures shall be required in conjunction with the approval of the project.

      2.   Required mitigation measures shall include but not be limited to:

         a.   Changes to the proposed land use configuration;

         b.   Modification of land use types;

         c.   Modification of lot boundaries or building envelopes;

         d.   Special foundation designs;

         e.   Geotechnical engineering solutions;

         f.   Limitations on irrigated landscape designs;

         g.   Special drainage or underground utility infrastructure design; and

         h.   Avoidance.

   B.   Independent Review: City staff, Planning Commission, or City Council may, at their discretion, have geologic hazard studies independently reviewed by the Colorado Geological Survey (CGS) or by a City-approved professional geologist or qualified geotechnical consultant. This separate discretionary review shall be completed within twenty-one (21) working days of the date on which the decision to request independent review is made, shall supplement the City's review, and will be considered by the City in making a final recommendation or determination on the land development proposal application.

   C.   Applicant Request for Consultant Review Panel:

      1.   Prior to Planning Commission consideration or final administrative decision, an applicant may request that the City convene a consultant review panel. Applicant's request shall be in writing and shall specify the issue(s) raised by independent review or City staff recommendation regarding a Geologic Hazard Study with which the applicant disagrees. Applicant's request must be filed within ten (10) days after the date of either discretionary review or staff recommendation, whichever is later.

      2.   The consultant review panel shall consist of three (3) members who may be either professional geologists or geotechnical engineers, or qualified Colorado Licensed Professional Engineers selected by the City Engineer who shall conduct a thorough evaluation of the geologic hazard study or independent review and may conduct site visits or request additional testing. The panel's findings shall be included in staff's recommendation on the application. The Manager may establish policies and procedures for panel review. The cost of the panel shall be borne by the applicant.

   D.   Incorporation of Recommendations: Recommendations of the geologic hazard study shall be incorporated, as applicable, into the approval of a Land Use Plan, Development Plan, public improvement construction drawings, landscaping plan, and building construction plans.

   E.   Geologic Hazard Study Review: At the discretion of the Manager, and concurrent with other City reviews, a copy of a final geologic hazard study and its related Land Use Plan, Development Plan and/or Final Plat may be provided for review to the Colorado Geological Survey, a City-approved professional geologist, or an independent professional geotechnical engineer, with an anticipated response to the City within fourteen (14) days. If the City does not receive a response to the final geologic hazard study review from the Colorado Geological Survey, independent professional geologist, or independent professional geotechnical engineer within fourteen (14) days after submission, the City shall have the authority to process any approvals or denials of the associated plan or plat.

   F.   Improvement Location Certificate: For any single-family or duplex land development proposal subject to a Geologic Hazard Study, the applicant shall submit to the Manager an improvement location certificate prior to the issuance of a Certificate of Occupancy by the Regional Building Official. The improvement location certificate shall be prepared pursuant to the requirements set forth in C.R.S. § 38-51-108. The Regional Building Official shall not issue a Certificate of Occupancy until the manager reviews the improvement location certificate for conformance with the City approved land development proposal and site plan. (Ord. 23-03)

The following disclosure statement shall be placed on each Subdivision Plat, Development Plan, and other City permit, plan, or approval that is subject to a geologic hazard study:

   "This property is subject to the findings summary and conclusions of a Geologic Hazard Report prepared _________________by dated __________, which identified the following specific geologic hazard on the property:

   _______________________________ _____________________________________ ____________. A copy of that report has been placed within file # ___________or within the subdivision file of the Colorado Springs Planning Department. Contact the Colorado Springs Planning Department 30 South Nevada Avenue, Suite 701, Colorado Springs, CO, if you would like to review the report."

(Ord. 23-03)

   A.   Purpose: The purpose of this Section 7.4.601 is to safeguard life, limb, property, and the public welfare from adverse grading and erosion impacts to private and public property.

   B.   General Requirements:

      1.   Grading shall conform to all applicable safety requirements. An erosion control blanket shall be installed on all graded slopes three (3) to one (1) and greater. A slope stability analysis or approved alternative shall be performed for permanent slopes graded steeper than two and a half (2.5) to one (1).

      2.   All construction activities shall follow the applicable standards and policies and may be required to provide assurances for erosion control as set forth in the Engineering Criteria.

      3.   All projects shall be designed to avoid and/or minimize soil erosion, both during construction and at final stabilization.

      4.   All projects that propose grade changes over buried utility infrastructure shall be reviewed and approved by Colorado Springs Utilities. It is the developer's responsibility to submit and obtain approval from Colorado Springs Utilities.

   C.   Grading and Erosion Control (GEC) Permit:

      1.   No person shall undertake any grading on private property that will result in any of the following without first complying with the requirements of Subsection 2 below:

         a.   Construction activities disturbing one (1) or more acres;

         b.   Construction activities that are part of a larger common plan of development or sale where the larger common plan disturbs one (1) or more acres;

         c.   Any grading or construction within an open drainage channel as determined by the review engineer;

         d.   Any time a permanent control measure is constructed or substantially modified, to be defined as involving non-maintenance related activities; or

         e.   On any site as deemed necessary and required by the Stormwater Enterprise Manager.

      2.   Before engaging in any activity listed in Subsection 1 above, the owner of the property shall obtain a GEC Permit or an Associate GEC Permit according to conditions and process set forth in the Engineering Criteria. The following list of requirements is for reference only:

         a.   An approved GEC Plan;

         b.   An approved City Stormwater Management Plan (CSWMP); and

         c.   A passed Initial Inspection.

      3.   A Permanent Control Management (PCM) Plan must be approved prior to implementation of the final phase of a GEC Plan, and prior to construction of the Permanent Control Measures. The Stormwater Enterprise Manager may issue a stop work order pursuant to Subsection 7.5.904C (Stop Work Order for Hillside Site and Grading Plan) if work under the final phase of the GEC Plan is started without an approved PCM Plan. Requirements for PCM Plans are detailed in the Engineering Criteria. All PCM Plans shall be signed and bear the seal of a registered professional engineer licensed by the State of Colorado.

      4.   In all zone districts, a GEC Permit or Associate GEC Permit issued by the Stormwater Enterprise Manager shall authorize the approved construction activity and implementation of the approved construction control measures, except as stated in Subsections 5 and 6 below.

      5.   In the HS-O district, approval of a Hillside Site and Grading Plan is required in addition to a GEC Permit or Associate GEC Permit. No activity listed in Subsection 1 above may occur on lands in the HS-O district until an approval of a Hillside Development Plan has been obtained pursuant to Sections 7.2.610 (HS-O: Hillside Overlay) and 7.5.515 (Development Plan).

      6.   In SS-O district, approval of a Streamside Development Plan is required in addition to a GEC Permit or Associate GEC Permit. No activity listed in Subsection 1 above may occur in the SS-O district until an approval of a Streamside Development Plan has been obtained pursuant to Sections 7.2.603 (SS-O: Streamside Overlay) and 7.5.515 (Development Plan). (Ord. 23-03)

   A.   The Stormwater Enterprise Manager, after inspection, may declare a site to be a nuisance to the public health, safety, and welfare if any one of the following conditions exist:

      1.   Any fill, excavation, or grading exists that, as a result of natural or unnatural conditions, has or will result in damage to life, limb, or property;

      2.   Grading or any land disturbance is taking place without an active GEC Permit or Associate GEC Permit, if required by Section 7.4.601 (Grading, Erosion, and Stormwater Quality); or

      3.   The conditions of the GEC Permit or Associate GEC Permit and Permanent Control Management Plan are not implemented or are insufficient to protect public safety, property, or water resources.

   B.   A nuisance to the public health, safety, and welfare shall be abated in accord with the requirements of the Stormwater Enterprise Manager, which may include, but are not limited to, submittal and implementation of a new or revised GEC Plan and/or CSWMP. (Ord. 23-03)

   A.   The Stormwater Enterprise Manager or City Engineer may enter upon any property at reasonable times to conduct inspections of grading and erosion control operations to determine compliance with stormwater requirements, policies, and procedures and to carry out duties in the enforcement of this Section 7.4.601, including abatement of violations.

   B.   In the event the owner of any property within the City refuses to permit entry to the Stormwater Enterprise Manager when entry is sought pursuant to this Section 7.4.603, or should permission to enter the property otherwise not be obtainable from the owner, the Stormwater Enterprise Manager may make application to any Judge of the Municipal Court of the City for the issuance of a warrant to inspect the property or carry out other duties, including the abatement of violations. A sworn application for entry and inspection shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a condition that is in violation of the requirements of this Section 7.4.601 exists on the property, or that a violation in fact exists and must be abated. Any warrant issued shall command the owner to permit entry to Stormwater Enterprise Manager for the purposes stated in the application.

   C.   The property owner or the property owner's designated agent shall perform regular inspections of all grading and erosion control operations in accord with the policies and procedures set forth in the Engineering Criteria. (Ord. 23-03)

Any person who engages in grading or erosion control is declared to be totally responsible to those persons who may have been endangered or have negative property impacts as a result of not having or not following a GEC Plan and/or CSWMP or following an incorrect GEC Plan and/or CSWMP. (Ord. 23-03)

   A.   Stormwater Criteria: The property owner and developer shall comply with all stormwater requirements, policies, and procedures as set forth in the Engineering Criteria. The Stormwater Enterprise Manager is authorized to establish administrative rules and regulations, including updates to the Engineering Criteria.

   B.   Drainage Reports and Plans Required:

      1.   Drainage Reports: Requirements for drainage reports are set forth in the Engineering Criteria. The following list of submittals is for reference only.

         a.   Master Development Drainage Plan: Acceptance of a master development drainage plan is generally required prior to Development Plan approval.

         b.   Conceptual Drainage Report: Acceptance of a conceptual drainage report is generally required prior to Development Plan approval.

         c.   Preliminary Drainage Report: Approval of a preliminary drainage report is generally required prior to plat recordation.

         d.   Final Drainage Report: Approval of a final drainage report is generally required prior to drainage design plan approval.

         e.   Channel Design Report: Approval of a channel design report is generally required prior to channel design plan approval.

      2.   Drainage Plans: Requirements for drainage plans are set forth in the Engineering Criteria. The following list of submittals is for reference only:

         a.   Storm Sewer Plan: Approval of a storm sewer plan is generally required prior to Building Permit issuance.

         b.   Channel Design Plan: Approval of a channel design plan is generally required prior to Building Permit issuance.

         c.   Permanent Control Measure Plan: Approval of a permanent control measure plan is generally required prior to approval of the last phase of grading.

      3.   Assurance Required: Prior to approval of construction drawings, assurances that comply with the requirements of the Engineering Criteria shall be posted.

   C.   City Responsible for Accepted Facilities: All stormwater infrastructure constructed or provided under this Part 7.4.7 and designated by the Stormwater Enterprise Manager as public stormwater infrastructure with public maintenance shall, upon written acceptance by the Stormwater Enterprise Manager, become the property of the City and the City shall be responsible for the operation and maintenance of the facilities. (Ord. 23-03)

   A.   Purpose: The purpose of this Section 7.4.702 is to implement the City's findings and policy that:

      1.   There is an urgent necessity of providing storm drains and other facilities for the drainage and control of flood and surface waters including facilities to detain stormwater within areas and territories to be subdivided and developed.

      2.   These facilities are required for the proper and orderly development of the areas and territories in order that storm and surface waters may be properly drained and controlled and that the health, property, safety, and welfare of the City and its citizens may be safeguarded and protected.

      3.   It is necessary under all the attendant circumstances that the owner and developer of the subdivision shall provide the drainage facilities within each subdivision necessary for the drainage and control of surface water within that subdivision and also to provide the facilities required to convey stormwater to such outflow or discharge point as shall be indicated in the drainage basin planning study for the area within which the subdivision is located.

      4.   Freeway, expressway, and major or minor arterial roadway bridges are required to span these drainage basins and allow for safe and convenient circulation of people and vehicles throughout the City. Because of their high cost, it is necessary to develop an equitable system for constructing these facilities.

   B.   Applicability:

      1.   General:

         a.   The collection of drainage, bridge, pond facility, pond land, and surcharge fees in this Section applies to land not otherwise excluded or exempted pursuant to this Section 7.4.702 and on which:

            (1)   Drainage, bridge, pond facility, and pond land fees have not been assessed; or

            (2)   The land was not included in the drainage fee calculation contained in a Drainage Basin Planning Study.

         b.   No replat, approval of Development Plans or Site Plans, or Building Permit for development or construction on land described in Subsection a above shall be approved or issued until the owner has complied with the terms of this Section 7.4.702.

      2.   Land upon which drainage, bridge, pond facility, or pond land fees have been paid, or upon which reimbursable stormwater infrastructure has been built in accord with detailed plans and specifications accepted by the City, may be replatted, developed, or redeveloped without additional assessment of drainage, bridge, pond facility, and pond land fees if the drainage study submitted with the replat, Development Plan, Site Plan, or construction drawings indicates no new stormwater improvements are required as a result of the proposed replat, development, or redevelopment, and that conclusion is approved by the Stormwater Enterprise Manager.

   C.   Drainage Basin Fee Program:

      1.   Studies of Drainage Basins and Calculation of Related Fees:

         a.   The Stormwater Enterprise Manager shall cause to be made new or updated engineering studies of drainage basins. The studies, known as drainage basin planning studies (DBPS), are to be authorized as finances become available. If public funds are not available and land development in a specific drainage basin is causing the need for a new or updated DBPS, a specific land developer(s) may be required to finance a new or updated study, subject to conditions and requirements of the Stormwater Enterprise Manager. The land developer(s) will be eligible for credit for the cost of the studies in accord with the provisions of Subsection 7.4.702C.7 below.

         b.   These DBPS studies and investigations shall show the conduits, channels, natural drainage courses (sometimes called "greenbelts"), detention basins, culverts, and all other facilities that are required to provide for the control of surface waters within the basins and to carry such waters to designated points of outflow or discharge. The studies shall include an estimate of the cost of providing the stormwater facilities, which computation of costs shall include the expense of the studies. The estimated cost per acre of providing the facilities shall be determined within each drainage basin by dividing the number of unplatted acres within the drainage basin into the total cost as provided. This per acre cost shall be known as the unit drainage fee.

         c.   If it is in the best interest of the drainage basin, as determined by the DBPS and approved by the Drainage Board, a detention pond land fee may be established for that basin. The DBPS will show all required acreage necessary for recommended reimbursable public detention ponds. The estimated cost per acre of providing land for the public detention reservoirs shall be determined within each basin by dividing the number of unplatted acres within the drainage basin into the total drainage credit value of the land. The credit value of the land is intended to match the City's park land dedication fee. This per acre fee shall be known as the unit pond land fee, and shall be deposited in the same subfund as the unit drainage fees.

         d.   Prior to January 1 of each year the unit drainage fee and the unit pond land fees shall be reviewed by the Drainage Board, which shall make a recommendation to the City Council as to any adjustment to the fees. In the absence of additional studies, the unit pond land fees are intended to be raised or lowered by the same percentage as the City's park land dedication fee. Upon such recommendation the City Council shall establish by resolution the unit drainage, bridge, pond facility, pond land, and surcharge fees in each drainage basin to be effective January 1 of each year. The fees shall be reestablished in accord with changes in construction and other costs or revisions suggested by additional studies or other information obtained.

         e.   If undue hardship would result to the subdivider by reason of the carriage of the water to the ultimate discharge or outflow point as shown on the DBPS, the Drainage Board may designate another discharge or outflow point at which the water will be received by an open channel, or other minimum or substitute facility to carry the water. At the discretion of the Stormwater Enterprise Manager, the subdivider may be required to prepare an amendment to the DBPS to reflect the change.

      2.   Drainage Basin Boundaries: The boundaries of the drainage fee basins have been delineated and approved by City Council. These delineations shall serve as official designations of the respective drainage basins concerned in this part, but the delineations shall be subject to revision by the Stormwater Enterprise Manager from time to time. Basin delineations are included in the City's GIS.

      3.   Establishment of Per Acre Cost for Needed Bridge Facilities:

         a.   The City Engineer shall make periodic engineering studies of those roadways designated on the City Major Thoroughfare Plan as freeways, expressways, or major or minor arterial roadways in relation to the drainage basins in the City, and the City Engineer shall determine and specify on the drainage basin maps of the City proposed or expanded arterial roadway bridges.

         b.   The City Engineer shall, after the completion of the arterial roadway bridge needs study, make an estimate of the cost for the expansion or construction of each arterial roadway bridge designated in each drainage basin.

         c.   The City Engineer shall then estimate that portion of the total estimated cost of each arterial roadway bridge that is attributed to the width of such bridge in excess of sixty-eight (68) feet. Such estimate shall be made by determining the percentage of the arterial roadway bridge over sixty-eight (68) feet and then by multiplying the total estimated cost by such percent. The product shall be the responsibility of the City and the City Engineer's estimate shall be final. The City Engineer shall deduct from the total estimated cost, the City Engineer's estimate of that portion of the total estimated cost allocable to that portion of such bridge in excess of sixty-eight (68) feet in width. The City Engineer shall then total all remaining costs for all the arterial roadway bridges in the given drainage basin, and divide such total by the total acreage of the drainage basin and determine a per acre cost for new or expanded arterial roadway bridges in the drainage basin to be paid into the arterial roadway bridge fund established for each drainage basin.

         d.   As an alternative, a per-acre cost may be developed or updated as part of a Drainage Basin Planning Study.

         e.   Review by Drainage Board and City Council: The City Engineer shall report such arterial roadway bridge per acre cost to the Drainage Board. The Drainage Board shall review the estimates of the City Engineer and then report and recommend to the City Council a per acre arterial roadway bridge cost for each drainage basin. City Council shall establish by resolution a per acre arterial roadway bridge cost for each drainage basin. Once established, such per acre cost shall be paid by each landowner during the subdivision platting process. Payment of the per acre cost shall be in cash to the applicable arterial roadway bridge fund. The funds collected shall be used only for the construction or expansion of new or expanded arterial roadway bridges as designated on the drainage basin maps by the City Engineer.

      4.   Bridge Fees and Charges:

         a.   Reestablishment of Fees: The arterial roadway bridge per acre cost may be reestablished by the City Council as necessary. Such reestablishment of the per acre cost shall be based on changes in construction and other costs of revisions suggested by additional studies or other information obtained.

         b.   City's Contribution: The City will contribute to each arterial roadway bridge fund established in each drainage basin that cost per acre that is attributed to land within the drainage basin for which the City Council has approved a Preliminary/Final Plat or a Final Plat before ____________. Such City contribution will be made only after the City Council has budgeted and approved such expenditure.

         c.   Reimbursement to General Fund: Should the City appropriate front-end money to facilitate the construction of new or expanded arterial roadway bridges in excess of its mandatory contribution, such excess amount shall be paid back to the City's general fund as land within the applicable drainage basin is platted, and until the City's excess payment is accounted for. As more land is platted, payment in the drainage basin shall then be to the applicable arterial roadway bridge fund.

         d.   Adjustment to Bridge Fee: As the per acre cost for the arterial roadway bridges is determined, the Drainage Board and City Council shall adjust the unit bridge fee for the drainage basin.

         e.   Arterial Roadway Changes Refunds or Credits: Should an arterial roadway be removed from the Major Thoroughfare Plan or Drainage Board Plan Study and the corresponding arterial roadway bridge be determined to be no longer necessary, a credit or a refund, as determined by the Drainage Board, may be granted to those persons, including the City, who have contributed for such bridge.

      5.   Exclusions and Exemptions: There are excluded and exempted from the provisions of this Section 7.4.702 those lands that were subdivided and the Final Plats of which have been approved by the City Council or the Board of County Commissioners of the County of El Paso on or before April 28, 1964 provided, however, that lands that have been annexed to the City upon the conditions and understanding that the included lands would be subject to the provisions of a drainage control ordinance and the payment of drainage, bridge, pond facility, pond land, and surcharge fees shall be subject to the provisions of this Section 7.4.702 regardless of whether or not the plats for such areas have been approved.

      6.   Annexed Lands: The owner or owners of lands that have been annexed to the City upon the condition and understanding that the included lands would be subject to the provisions of a drainage control ordinance and the payment of drainage, bridge, and pond fees, whether or not the plats for those lands have been approved, and the owners of lands presently or hereafter annexing lands to the City, shall, prior to final publication of the annexing ordinance, agree in writing with the City that the lands are subject to and they will comply with the provisions of this Section 7.4.702, including the payment of all required fees. The owner or owners shall further agree in writing that the required fees shall be paid prior to the final approval of the plat or other plan for or release of land for development and that the stormwater facilities will be installed within and in connection with the subdivision of the land as required in this Section 7.4.702.

      7.   Credit for Facilities:

         a.   Reimbursable Stormwater Facilities: Only reimbursable stormwater facilities are eligible for credit. Reimbursable facilities are those included in a DBPS cost estimate or specifically approved as reimbursable by the Drainage Board. To defer relevant fees or receive credit for constructed facilities, reimbursable stormwater facilities must be listed in an approved drainage report and must be considered reimbursable at the time of drainage report approval.

         b.   Subdivider May Be Credited:

            (1)   Upon the completion and acceptance of the stormwater facilities for a subdivision as required by this Part 7.4.7, the unit drainage bridge, pond facility, and pond land fees payable by the subdivider upon the land in the subdivision, or that portion upon of the subdivision for which final approval has been given and to which the facilities are applicable, shall be computed. If the amount of the fees is less than the cost of providing the facilities required by this Section 7.4.702, the subdivider (or, by written agreement approved by the Stormwater Enterprise Manager, any other party) shall be entitled to a credit from the appropriate basin subfund of the subdivision storm drainage fund in the amount that the cost of providing the facilities exceeds the fees payable by the subdivider.

            (2)   If the final approval is applicable to only a portion of the subdivision or tract or tracts of land owned by the subdivider and located within the drainage basin, at the option of the subdivider, the credit for the cost of the facilities' installation in excess of the applicable fees for the portion approved may be applied upon and credited to the appropriate fees upon the balance of the subdivision or tract or tracts of land owned by the subdivider, provided that the subdivider furnishes the Drainage Board satisfactory evidence that the subdivider owns the subdivision or tract or tracts of land, or has entered into a written contract to purchase the subdivision or tract or tracts of land, as of the date that application for the credit is made.

            (3)   The subdivider may determine to construct stormwater facilities as required by the DBPS prior to subdividing or otherwise developing land. In that event the fees applicable to the land proposed to be subdivided or otherwise developed may, with the approval of the Stormwater Enterprise Manager, be fixed at the time the subdivider contracts for the construction of the drainage.

         c.   Determination of Credit for Stormwater Facilities:

            (1)   The credit to which a subdivider shall be entitled from the appropriate basin subfund of the subdivision storm drainage fund, as set forth in Subsection b above, shall be determined on the basis of the actual cost incurred in constructing the stormwater facilities, plus up to ten percent for incurred engineering expense. The subdivider shall be responsible for contracting for the construction of the stormwater facilities after receiving at least three (3) sealed bids for construction of the stormwater facilities from contractors. If the subdivider is unable to get at least three (3) sealed bids, the Stormwater Enterprise Manager shall be responsible for determining that the bid or bids received are the lowest responsible bids. The decision of the Stormwater Enterprise Manager may be appealed to the Drainage Board. The bid justification and determination shall be made prior to the start of construction of the stormwater facilities. The subdivider shall award the bid to the lowest responsible bidder within ninety (90) days after receiving the bids.

            (2)   If the bids exceed the estimate of the cost of constructing the stormwater facilities as set forth in the DBPS, they shall be rejected unless the subdivider's engineer and Stormwater Enterprise Manager determine that any bid exceeding the engineer's estimate is the lowest responsible bidder unless the subdivider declares a desire to accept a higher bid. This determination shall be made prior to the start of construction of the stormwater facilities. If such is the case any credit shall be based on DBPS estimate. Any disputes pertaining to this Subsection 7.4.702C.7 shall be referred to the Drainage Board for determination.

      8.   Determination of Credit for Land Used for Reimbursable Public Detention Facilities: The credit to which a subdivider shall be entitled from the appropriate subfund of the basin involved in the subdivision storm drainage fund shall be determined on a per acre basis. The per acre land credit shall be equal to the applicable park land fee in use at the time of the associated plat recordation.

   D.   Allocation of Interest Earned: Interest earned by the investment of surplus funds that may temporarily accumulate in the storm drainage fund shall be allocated to a drainage contingency fund, which may be used to make up deficits in existing subfunds for purposes of reimbursement. Interest may also be used to fund administration and management of the basin fee structure, or for such other drainage purposes as determined by the Drainage Board with the prior approval of City Council. (Ord. 23-03)

   A.   Stormwater Quality and Detention Requirements:

      1.   The owner shall comply with all stormwater requirements, policies, and procedures as outlined in the Engineering Criteria.

      2.   The City of Colorado Springs requires use of the Four (4) Step Process for receiving water protection that focuses on reducing runoff volumes, treating the water quality capture volume, stabilizing drainageways, and implementing long-term source controls. The Four (4) Step Process shall be used as follows:

         a.   For all new and redevelopment projects with construction activities that disturb one (1) acre or greater; in addition, detention must be implemented according to the policies in the Engineering Criteria; and

         b.   For all new and redevelopment projects that disturb less than one acre but are part of a larger common plan of development or sale where the larger common plan disturbs one (1) or more acres.

      3.   For purposes of this Section 7.4.703:

         a.   Development is defined as any land disturbing activities excluding maintenance activities as determined by the Stormwater Enterprise Manager.

         b.   Additional requirements are located in the Engineering Criteria.

   B.   Required Documentation:

      1.   Requirements for documentation of Permanent Control Measures are set forth in the Engineering Criteria. The following list of requirements is for reference only:

         a.   Inspection and Maintenance (I&M) Plan: Acceptance of an I&M Plan is required prior to Permanent Control Measure plan approval.

         b.   Maintenance Agreement: A Maintenance Agreement shall be recorded with deed records to ensure that the Maintenance Agreement is bound to the property in perpetuity prior to release of Permanent Control Measure assurance for private Permanent Control Measures.

         c.   As-Built Plan: An as-built plan shall be accepted prior to release of Permanent Control Measure assurance.

         d.   PE Certification: A certification of compliance with the approved Permanent Control Measure plan by a professional engineer licensed in the State of Colorado is required prior to release of Permanent Control Measure assurance.

      2.   The Stormwater Enterprise Manager may issue a revocable permit to owners of Permanent Control Measures installed prior to June 1, 2008, according to policies set forth in the Engineering Criteria.

      3.   The Stormwater Enterprise Manager may approve the implementation of a temporary Permanent Control Measure. Temporary Permanent Control Measures must follow the requirements and policies set forth in the Engineering Criteria, including requirements for recorded Maintenance Agreements and Notices.

   C.   Inspection Policies:

      1.   Permanent Control Measures shall be inspected and maintained by the owner or owner's representative, in accordance with the provisions of this Section, Chapter 3, Article 8 of the City Code, and the Engineering Criteria. Annual inspection reports shall be submitted to the Stormwater Enterprise Manager.

      2.   Owner inspection requirements do not apply to Permanent Control Measures constructed prior to June 4, 2008.

      3.   The Stormwater Enterprise Manager may enter upon the subject private or public property at reasonable times to conduct on-site inspections or maintenance or to confirm the information in the annual inspection reports submitted by the responsible party. (Ord. 23-03)

Floodplain management shall be in accordance with Regional Building Code Section 313, except as modified by this UDC. (Ord. 23-03)

Regional Building Code (RBC) Section 313, adopted by Section 7.4.1402, is subject to the following modifications, additions, or deletions:

   A.   RBC 313.6, Definitions, is amended as follows:

      "Appeal: A request for a review of the Floodplain Administrator's decision or interpretation of any provision of this Section or for a review of the Drainage Board's decision on appeal, grant of relief or interpretation of any of the provisions of this Part 7.4.8."

   B.   RBC 313.17.1, Appeal Board, is deleted and replaced with the following:

      "RBC 313.17.1, Appeals.

      1.   The Drainage Board shall hear and decide appeals of decisions of the Floodplain Administrator (FPA) when it is alleged there is an error in any requirement, decision or determination made by the FPA in the enforcement or administration of this Section.

      2.   Any person aggrieved by a decision of the FPA may appeal to the Drainage Board, provided a written notice of appeal, stating the grounds for appeal, is filed with the Stormwater Enterprise Manager within thirty (30) days after the date of the FPA's decision. The Drainage Board shall hear the appeal at the next available meeting, but not less than fourteen (14) days after receipt of the notice of appeal.

      3.   The Drainage Board shall conduct a public hearing on the appeal and shall consider the factors set forth in Subsection 5 below. At the conclusion of the hearing, the Drainage Board shall make appropriate findings and determine whether the FPA's decision shall stand, be overturned, or modified. Unless appealed to City Council, the Drainage Board's decision shall be considered final agency action for all purposes under Colorado law.

      4.   Those aggrieved by the decision of the Drainage Board may appeal the decision to City Council, provided that a notice of appeal, stating the grounds for appeal, is filed with the City Clerk within ten (10) days after the Drainage Board's decision. The City Clerk, upon receiving a perfected appeal, shall forward the record of the Drainage Board to City Council, and the matter shall be set for a public hearing at the next available City Council meeting. The City Council may hear the appeal de novo or may limit the hearing to the issues identified in the notice of appeal. At the conclusion of the public hearing, the City Council shall determine whether there is substantial evidence in the record to support the Drainage Board's decision, and if so, then the decision must be affirmed. If there is not substantial evidence in the record to support the Drainage Board's decision, the City Council may overturn the decision or modify it.

      5.   In passing upon appeals of the FPA's decision, the Drainage Board shall consider all technical evaluations, all relevant factors, standards specified in other Sections of the Section, and:

         a.   The danger that materials may be swept onto other lands to the injury of others;

         b.   The danger to life and property due to flooding or erosion damage;

         c.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

         d.   The importance of the services provided by the proposed facility to the community;

         e.   The necessity to the facility of a waterfront location, where applicable;

         f.   The availability of alternate locations for the proposed use, which are not subject to flooding or erosion damage;

         g.   The compatibility of the proposed use with existing and anticipated development;

         h.   The relationship of the proposed use to the Colorado Springs Comprehensive Plan and floodplain management program for that area;

         i.   The safety of access to the property in times of flood for ordinary and emergency vehicles;

         j.   The expected heights, velocity, duration, rate of use, and sediment transport of the flood waters and the effects of wave action, if applicable, and expected at the site; and

         k.   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

      6.   Upon consideration of the factors listed in Subsection 5 above, the Drainage Board may impose conditions on the FPA's decision as it deems necessary to further the purposes of this Section.

      7.   The FPA shall maintain the records of all appeal actions and report any variances to FEMA upon request.

   C.   RBC 313.17.2, Condition for Variances, is deleted and replaced with the following:

      "RBC 313.17.2, Conditions for Pre-Construction Variances.

      1.   Development permits may be issued by the FPA for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or part of a local Historic Preservation District or a locally designated historic landmark, without regard to the procedures set forth in the remainder of this Subsection. Infill of vacant lots within the Historic Preservation District may be issued variances provided that the provisions of this Section are met. All other variances shall be reviewed and approved by the Drainage Board.

      2.   No application for variances shall be accepted or considered for an existing structure.

      3.   The Drainage Board shall conduct a public hearing on all applications for a variance. The FPA shall be given an opportunity to comment on the application and make a recommendation to the Board. The applicant shall be given an opportunity to support the request for variance and respond to any comments by the FPA. The public shall be given an opportunity to comment on the application.

      4.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

      5.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      6.   Variances shall only be issued upon the Drainage Board's finding that the application substantially complies with the following:

         6.1.   A showing of good and sufficient cause;

         6.2.   A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

         6.3.   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public as identified in Regional Building Code Section 313.17.1, Items 1 through 7, or conflict with existing local laws or ordinances."

      7.   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

   D.   RBC 313.18.5, Subdivision Proposals, is amended to read as follows:

      "RBC 313.18.5, Subdivision Proposals.

      1.   All proposed subdivisions shall be consistent with the need to minimize flood damage;

      2.   All proposed subdivisions shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

      3.   All proposed subdivisions shall have adequate drainage provided to reduce exposure to flood damage; and,

      4.   FEMA approved base flood elevation data and 100-year floodplain boundaries shall be provided and shown on the Subdivision Plat;

      5.   If a proposed subdivision is located within three hundred (300) feet of a zone A floodplain, FEMA approved base flood elevations and boundaries are required to be determined and shown on plat, or a floodplain certification letter by a professional engineer or architect licensed by the State of Colorado shall be provided stating that "Based on field verified characteristics of the property (topography, etc.), the property is reasonably safe from flooding and to the best of the engineer's knowledge if the 100-year floodplain were studied it would not enter the property in question".

(Ord. 23-03; Ord. 23-16)

The degree of flood protection required by this Part 7.4.8 is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This Part 7.4.8 does not imply that land outside the areas of flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Part 7.4.8 shall not create liability on the part of the City, any officer or employee of the City, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this Part 7.4.8 or any administrative decision lawfully made. (Ord. 23-03)

The purpose of this Part 7.4.9 is to establish requirements for the design, installation, and maintenance of landscapes that contribute ecologically and aesthetically to the growth and economic prosperity of the City; that achieve healthy, attractive, and safe environments according to recognized water conservation principles; and that conserve, protect, and promote the unique natural identity and environment of the City; and to establish standards that:

   A.   Protect and efficiently use limited water resources through water conservation including the use of xeriscape principles, standards for the selection, installation, and maintenance of organic soil amendments and plant materials, and the conservation of indigenous plant communities;

   B.   Enhance the aesthetics of the City, through enhanced streetscapes, the incorporation of native and compatible introduced plants, plant communities, and ecosystems into landscape design, the screening of parking lots and objectionable uses and activities, and the incorporation of green space in ways that harmonize and enhance the natural and built environment;

   C.   Improve environmental quality by reducing the urban heat island effect, conserving native plant communities and vegetation, reducing soil erosion, reducing air, water, and noise pollution by reducing the mowing and fertilization requirements of limited turf areas, and preserving ecological diversity and species habitat;

   D.   Support the installation of landscapes suited to local soil, climate, water supply, and on-site conditions for improved plant growth and survivability;

   E.   Protect existing vegetation, including natural plant communities, to mitigate the effects of development on the natural environment;

   F.   Make the City more attractive through the physical and psychological benefits of landscaping that soften the visual harshness of urban development, by stimulating pride in the City's natural heritage, and by protecting the public health, safety, and general welfare;

   G.   Safeguard and enhance the value of land and public and private investment through incorporation of landscaping into development; and retain and enhance the City's natural beauty, which is an important factor in attracting economic development;

   H.   Control certain exotic plant species that have a negative effect on public health or degrade native ecosystems; and

   I.   If the property is located within the WUI-O district, provides for reduced wildfire risks through the City of Colorado Springs Fire Prevention Code and Standards landscaping requirements. (Ord. 23-03)

   A.   General Standards: Except as otherwise provided by Subsection B below, the requirements of this Part 7.4.9 shall apply to all land when the following activities take place:

      1.   All new construction of primary structures;

      2.   All construction projects that increase the gross floor area of any primary structure on the lot by fifty (50) percent or more, measured cumulatively with any other activities that increased gross floor area of primary structures on the lot in the previous five (5) years;

      3.   If a site has sixty (60) percent or more impervious area, any site alteration that increases impervious surface area by ten (10) percent through any change other than an increase in the gross floor area of any primary structure, unless the property as a whole complies with the standards in Subsection 7.4.202A (Sustainability and Resilient Development Incentive);

      4.   Any change of use that results in the conversion of an attached or detached single-family or two-family dwelling to multi-family or nonresidential use;

      5.   The conversion of vacant land to nonresidential use that does not involve the construction of a primary structure;

      6.   The total redevelopment (demolition and new construction) of any primary structure on a lot; and

      7.   All government and utility service property zoned PF (Public Facilities);

      8.   Any alteration or reconfiguration of fifty (50) percent or more of existing developed landscape areas; and

      9.   A project that seeks a Major Modification to an approved Development Plan, including a change of use.

   B.   Exemptions: Except as provided in Subsection D below, the following are exempt from the requirements of this Part 7.4.9:

      1.   An individual detached single-family or two-family dwelling on its own lot;

      2.   Any valid, unexpired Development Plan approved prior to November 1, 1998, for which there is neither a change of use nor a major amendment to the plan;

      3.   Any temporary event approved in accordance with this UDC;

      4.   Any construction projects that increase the gross floor area of any primary structure on the lot by less than fifty (50) percent, measured cumulatively with any other activities that increased gross floor area of primary structures on the lot in the previous five (5) years;

      5.   Bona fide agricultural activities;

      6.   Currently approved Development Plans that are changed by a Minor Modification after the Effective Date of the UDC;

      7.   Master planned public parks, zoned PK, in conformance with Section 7.2.406 (PK: Public Parks); and

      8.   Medians in arterial street rights-of-way approved by the Park and Recreation Advisory Board.

   C.   Land in WUI-O District: Projects in the WUI-O district shall comply with additional requirements in Section 7.2.604 (WUI-O: Wildland Urban Interface Overlay) and related City of Colorado Springs Fire Prevention Code and Standards requirements.

   D.   Land in the SS-O District: Projects in the SS-O district shall comply with additional requirements in Section 7.2.603 (SS-O: Streamside Overlay).

   E.   Special Requirements: The following requirements shall apply to attached or detached single-family or two-family dwelling residential projects:

      1.   Maximum High Water Use Turfgrass: To reduce the use of the City's limited water resources for outdoor irrigation:

         a.   No more than twenty-five (25) percent of the portion of a lot not covered by a primary or accessory structure or a driveway, patio, deck, or walkway, and no contiguous area less than one hundred (100) square feet in area, shall be planted with High Water Use Turfgrass. The one hundred (100) square foot limit shall not apply to the Parkway.

         b.   The irrigation water service connection shall be sized appropriately to accommodate irrigation during the hours and days outlined in the Water Shortage Ordinance, Chapter 12, Article 4, Part 13 of the Code of the City of Colorado Springs. All irrigation water shall be metered and have appropriate backflow prevention as identified by Colorado Springs Utilities Water Line Extension and Service Standards.

         c.   Any restrictive covenant that becomes effective on or after November 1, 1998, shall not require the use of High Water Use Turfgrass. This provision shall not restrict the individual and voluntary use of High Water Use Turfgrass.

      2.   Double Frontage Lot Streetscape:

         a.   Where double frontage lots are approved as part of a Subdivision Plat, Land Use Plan, or Development Plan, installation of landscape is required in all adjacent tracts and right-of-way areas. This includes any proposed landscape improvements including irrigation system, plant material, fence, and sidewalk along the secondary frontage (generally that facing an arterial or collector street not providing access to the lot). Installation shall be the responsibility of the developer.

         b.   Maintenance shall be the responsibility of a homeowners' association or other special district or association acceptable to the City, and shall be so noted on the Subdivision Plat, Land Use Plan, or Development Plan. Establishment of a landscape easement with individual lot owner responsibility is not acceptable and a creation of a landscape tract to be maintained by an entity acceptable to the Manager may be required.

      3.   Common Areas: Landscaped common areas, such as green space tracts, entrances, medians, and roundabouts in attached or detached single-family or two-family dwelling residential projects shall be installed by the developer. Responsibility for maintenance of all such common areas shall be given to a homeowners' association or other special district or association acceptable to the City, and shall be so noted on the Development Plan, Subdivision Plat, or Land Use Plan.

      4.   Dissolved Homeowners' Association or Other Special District: Where a homeowners' association or other special district or association that is responsible for maintenance of landscaped common areas dissolves or is no longer in existence, the current owner of the landscaped common areas shall be responsible for maintenance.

   F.   Preservation Areas:

      1.   Subdivision Plats or Land Use Plans may designate areas of land or water as preservation areas in which the following activities are prohibited unless specifically permitted by the approved Subdivision Plat or Land Use Plan.

         a.   Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground;

         b.   Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials;

         c.   Removal or destruction of trees, shrubs, or other vegetation;

         d.   Excavation, dredging or removal of loam, gravel, soil, rock, or other mineral substance in such manner to affect the surface;

         e.   Activities detrimental to drainage, flood control, erosion control or soil conservation; or

         f.   Other acts or uses detrimental to such retention of land or water areas.

      2.   Some preservation areas may be further designated as "Oasis" plant communities in which indigenous plant communities are retained in their entirety, with canopy trees, understory plants and ground covers left intact and undisturbed as credit toward required landscaping on Development Plans.

   G.   FBZ Regulating Plans: Alternate landscaping standards may be included as a part of an FBZ regulating plan. In case of a conflict between the provisions of this Part 7.4.9, and the landscaping standards included in an FBZ regulating plan, the standards included in an FBZ regulating plan shall apply. (Ord. 23-03)

   A.   The Planning Department is authorized to adopt, and as necessary make revisions to, a Landscape Policy Manual containing provisions that implement and supplement the provisions of this Part 7.4.9, Section 7.5.524 (Administrative Adjustment), Section 7.5.803 (Nonconforming Site Features), and Chapter 7 of this Code, and other City regulations and standards as they relate to landscaping, irrigation, buffering, screening, fences, grading, and walls.

   B.   The Landscape Policy Manual includes information about policies, procedures, standards, and maps relevant to this Part 7.4.9. In particular, the manual provides specific information on permitted and prohibited species; guides to xeriscape, Signature Landscapes, irrigation and other water-conserving forms of landscaping that are highly adapted to the microclimates of the City; information about preservation of trees including preservation areas, the Oasis landscaping concept, available credit for preservation of existing vegetation; and submission requirements for the landscape plan, irrigation plan, and other materials required to be filed with the City.

   C.   Specifications, plans, and construction practices regarding the irrigation system and Total Landscape Water Budget Methodology shall comply with the Landscape Policy Manual.

   D.   The provisions of the Landscape Policy Manual shall supplement but not supersede the requirements of this UDC. If there is a conflict between the standards in this Part 7.4.9 and the provisions of the Landscape Policy Manual, the provisions of this Part 7.4.9 shall apply. If the Manual addresses a topic related to landscaping, irrigation, buffering, screening, grading, fences, and walls that does not conflict with this UDC, the applicant shall comply with all provisions, policies, and standards in the Landscape Policy Manual to the maximum extent feasible. (Ord. 23-03)

   A.   Required Plans and Documents:

      1.   When Landscape and Irrigation Plans are required as part of the applications described below:

         a.   A Preliminary Landscape Plan, with applicable supporting material, shall be approved concurrently with the Development Plan review if a Final Landscape Plan is not submitted.

         b.   A Final Landscape Plan, with applicable supporting material, shall be submitted with the Development Plan or at time of Building Permit application and shall be approved before any Building Permit approval, any landscape construction, and issuance of a Certificate of Occupancy. Development within the WUI-O district shall submit the Final Landscape Plan concurrent with the Development Plan review, and the Fire Code Official shall give approval prior to any landscape installation and issuance of a Certificate of Occupancy.

         c.   An Irrigation Plan, with applicable supporting material: