Durango City Zoning Code
CHAPTER 5
GROWTH MANAGEMENT AND ONGOING COMPLIANCE
Sec. 5-1-1-1 Purpose of Article
The purpose of this Article is to ensure that adequate infrastructure and services are available or committed to serve new development at the time the demands of the new development are realized.
Effective on: 7/1/2014
Sec. 5-1-1-2 Application of Article
In general, this Article applies to all new subdivisions, major site plans, and planned developments. Section 5-1-2-2, Adequacy of Streets, also applies to certain changes in use, as described in that Section.
Effective on: 7/1/2014
Sec. 5-1-2-1 Off-Site Public Improvements and Schools
A.
Generally. All Applicants for development approval shall provide evidence that sufficient off-site public improvements are available or can be made available to serve the proposed development at the time its impacts are created. For property zoned for residential uses, the evidence must also show that Durango School District 9-R has the capacity to serve the student population that is expected to be generated from the development.
B.
Effect on Application for Development Approval.
- 1.If the Applicant cannot demonstrate that adequate off-site public improvements are or will be available to serve proposed development at the time the impacts of the development are realized, the Administrator shall:
- a.For applications that are otherwise subject to administrative process, refer the application to the Community Development Commission for decision at a duly noticed public hearing.
- b.For other applications, report to the decision-maker regarding the status of off-site public improvements and the deficiency that the application is projected to create.
- 2.The Community Development Commission or other decision-maker may restrict or postpone approval and the issuance of any new building permits until the necessary off-site public improvements are provided or committed, as set out in Subsection C., below.
C.
Conditions of Approval. Upon a finding that public improvements are not sufficient, the City may impose conditions of approval, which may consist of any action or combination of actions which the decision-maker finds will sufficiently provide for the necessary off-site public improvements before the impacts of the development create or unduly exacerbate the need for the improvements. Such restrictions may include any of the following:
- 1.Postponement of approval of subdivision plats not yet approved;
- 2.The imposition of conditions upon approval of the subdivision;
- 3.Restrictions or limitations on the issuance of (or timing of issuance of) building permits or certificates of occupancy;
- 4.The assessment of fees and charges as needed to equitably provide for the cost of the off-site public improvements;
- 5.Required pro-rata contributions toward the cost of the off-site public improvements prior to approval or permit issuance; or
- 6.Any combination of the above, with the calculation based upon the benefit to the subdivision and the need created or exacerbated by the subdivision. Restrictions that are imposed pursuant to this Subsection shall have a rational nexus to the type of impacts created by the development and shall be roughly in proportion to those impacts.
D.
Modification of Restrictions. The decision-maker may remove or modify restrictions that are imposed pursuant to this Subsection upon the agreement of a special district or other responsible party to construct the needed off-site public improvements, on a sound and reasonable construction schedule and funding proposal.
Effective on: 2/1/2024
Sec. 5-1-2-2 Adequacy of Streets
- Additional average daily trips (ADT) generated by the development exceed 250 trips per day, as determined by the City Engineer;
- Additional PM peak trips generated by the development exceed 60 trips per hour, as determined by the City Engineer;
- The development is requesting access to an arterial street or State highway;
- The development will cause the adjacent local or collector street or closest intersection(s) to operate at level of service (LOS) less than C; or
- The development will cause the adjacent arterial street or closest intersection(s) to operate at a level of service (LOS) less than D; or
- The adjacent local or collector street or closest intersection(s) already operates at LOS less than C or the adjacent arterial street or intersection(s) already operate at (LOS) less than D.
- Changes to the development proposal increases expected trip generation for daily or peak hour trips by more than 15 percent from the original study;
- The previous traffic studies are more than two years old, unless the City Engineer has determined that the conditions have not significantly changed; or
- Location, types, and / or number of access points for the proposed development has changed.
Effective on: 7/1/2014
Sec. 5-2-1-1 Purpose of Article
- The amount of land that is required to serve the proposed development is less than the amount of land upon which a reasonable facility could be constructed, and acquisition of land off-site for the facility is a reasonable alternative; or
- The parcel proposed for development is situated in a location that would be well-served by off-site facilities, the capacity of the off-site facilities could be increased by the expenditure of fees-in-lieu, and the Applicant and the City agree to a fee-in-lieu.
Effective on: 7/1/2014
Sec. 5-2-1-2 Application of Article
This Article applies to all development for which this LUDC requires dedications of land, easements, or other facilities.
Effective on: 7/1/2014
Sec. 5-2-2-1 Land Dedication Requirements
- Within Proposed Development. Streets, alleys, other rights-of-way, utility easements, drainage easements, and other easements within proposed development shall be appropriately dedicated for the purposes they are intended to serve.
- Perimeter Streets. Where the proposed development abuts an existing street or half-street that does not conform to the right-of-way standards of this LUDC, the Applicant shall dedicate sufficient right-of-way such that the distance from the Applicant's property line to the centerline of the street is equal to one-half of the conforming right-of-way, except as follows:
- If warranted to serve the Applicant's development, acceleration lanes and deceleration lanes on the Applicant's side of the right-of-way are not counted towards the required dedication; and
- The Administrator may waive the dedication requirement if it is demonstrated that the additional right-of-way will not be developed for streets, utilities, sidewalks, drainage, or public landscaping due to its topography, soils, or other geologic conditions.
Effective on: 7/1/2014
Sec. 5-2-2-2 Standards for Dedicated Land
- Evaluation of Suitability. The Administrator, with the written input of appropriate departments or agency that will be responsible for dedicated land, shall evaluate each proposed dedication for its suitability for its intended purpose. Land may be excluded from proposed dedications when the Administrator determines that the land is unsuitable for development purposes and / or does not meet City needs or requirements.
- Timing of Improvements. Public improvements and sewer and water line extensions shall be provided to land that is dedicated for public purposes at the time when improvements are installed to serve the nearest private lots in the proposed development, or as provided for in conditions of development approval. The timing and specification of the improvements shall be included within the public improvement agreement for the development.
- Condition of Dedicated Land. The site shall be preserved in its natural physical condition, unless an alternative condition is set out in a condition of approval or public improvement agreement.
- Land for Public Parks. Land for public parks shall:
- Be without geologic hazards (unless access to hazardous areas is restricted and / or the hazards are mitigated) or environmental contamination;
- Have appropriate access for pedestrian use, park amenities, and parking; and
- If practicable, be strategically located along a link between other open space areas and parks.
- Land for Public Schools. Land for public schools shall:
- Be without geologic hazards (unless access to hazardous areas is restricted and / or the hazards are mitigated) or environmental contamination;
- Have the buildable area of the parcel located exclusively outside of the floodplain;
- If it includes any area in the floodplain, the area credited for the public improvement is not more than five percent of the area of the floodplain which is located on the parcel proposed for development.
- Have slopes within the buildable areas of the parcel that are no greater than five percent;
- Be approved by the school district for public school purposes; and
- Have access to a public street of suitable classification.
- Land for Other Public Purposes. Land for other public purposes shall:
- Be without geologic hazards (unless access to hazardous areas is restricted and / or the hazards are mitigated) or environmental contamination; and
- If it includes any area in the floodplain, the area credited for the public improvement is not more than five percent of the area of the floodplain which is located on the parcel proposed for development.
Effective on: 7/1/2014
Sec. 5-2-2-3 Credit for Private Park Facilities
- That the private ownership and maintenance of the land area is adequately provided for by proposed covenants, conditions, and restrictions, or other appropriate binding legal document that is approved as to form by the City Attorney; and
- That the proposed land area is reasonably adaptable for use for park and recreation purposes pursuant to existing City standards. Reasonably adaptable may include but not be limited to, sufficient size, accessibility, location, topography, drainage and soil capacity, and the absence of hazardous conditions. (See Section 3-4-2-2, Residential Density, Open Space, and Recreation and Leisure Areas, Subsection E.3, Park Development Standards.)
- The private park site as shown on this (plan or plat) shall be maintained in perpetuity by the owner(s), homeowners association, and / or other approved entity other than the City of Durango.
- Building permits will be issued for only one-third of the approved dwelling units until the park facilities have been installed in accordance with the approved site plan.
- When a development consists of only one buildable lot (e.g., a single-phase condominium), the private park shall be installed and accepted by the City prior to the certificate of occupancy.
Effective on: 7/1/2014
Sec. 5-2-2-4 Fees-in-Lieu of Park Dedication
- Generally. The City Council, after taking evidence on the topic at a public meeting, may adopt a resolution establishing a general land value (land value per acre) and an improvement value (improvement value per acre)for use in calculating fees-in-lieu of dedication and park improvement. The City Council may review such resolution on an annual basis and make adjustments as reasonably necessary to reflect then-current land and improvement values.
- Request for Reduction in Assumed Value. Applicants may provide evidence that the market value of their land is less than the general land value established by this Section by submitting an appraisal from an MAI ("Member of the Appraisal Institute")-certified appraiser of the developable portion of the property which is the subject of the application. The appraisal shall state the fair market value of such property assuming that the final plat (or, if no plat is required, site plan) is approved, assuming that the dedicated site is improved with the public improvements and water and sewer facilities required for such dedicated sites. The Administrator shall approve the appraisal if it is found to be credible. If the Administrator rejects the appraisal, then the general land value shall be applied for the purposes of calculating fees-in-lieu. A reduction in the improvement value may not be reduced by request of an Applicant.
- There is hereby established a special fund for the deposit of all sums paid in lieu of parkland dedication or improvement, which shall be known as the "Parkland Dedication Fund." Funds shall only be released from the Parkland Dedication Fund upon City Council approval of a plan to utilize the funds to build or improve a park.
- The City shall account for all sums paid in lieu of land dedication with reference to the individual plats involved. Any funds paid in-lieu of land must be expended by the City within 10 years after the filing of the final plat, or the filing of the final plat of each phase or section of the contributing subdivision, if a phased development. Such funds shall be spent on a first-in, first-out basis. If not so expended, the owner(s) of the property on the last day of such period shall be entitled to a pro rata refund of such sum, computed on a square footage of area basis. The owner(s) of such property must request such refund within one year of entitlement to the refund, in writing, or such right shall be barred.
Effective on: 7/1/2014
Sec. 5-3-1-1 Purpose of Article
It is the policy of the City that new development pay its fair share of the costs of infrastructure and capital facilities that are necessary as a result of the impacts of the new development. Accordingly, it is the purpose of this Article to establish the impact fees that are charged to new development in order to cover the incremental costs of infrastructure and capital facilities that are attributable to the additional demands on said infrastructure and capital facilities by the new development.
Effective on: 7/1/2014
Sec. 5-3-1-2 Application of Article
Effective on: 7/1/2014
Sec. 5-3-2-1 Impact Fee Trust Funds Established
Effective on: 7/1/2014
Sec. 5-3-2-2 Nonpayment, Underpayment, or Overpayment
Effective on: 7/1/2014
Sec. 5-3-2-3 Refund of Impact Fees Paid
- The building permit or change of use upon which the impact fee was imposed, calculated, and collected has lapsed or has been revoked, and a new building permit or change of use permit will be needed to develop the property.
- The City has failed to expend the impact fees paid by the Applicant in compliance with the timing or other applicable requirements of Section 5-3-3-7, Appropriation of Major Street Impact Fee Funds, for major street impact fee refund requests.
- The Applicant reduces the amount of development after a building permit or change of use permit has been issued and after the impact fee has been paid, provided that the impact fee has not yet been appropriated.
-
All requests for refunds shall be made by the current owner of the property on a refund application form provided by the City. The Applicant shall be required to submit the following:
- An affidavit and title report that shows that the Applicant is the current owner of the property;
- Evidence that an impact fee has been paid (i.e., a receipt or comparable evidence); and
- Evidence that one of the circumstances set forth in Subsection B, above, has occurred.
- The City will review the refund application form and the documentary evidence submitted and, within 30 days following receipt of a completed refund application form, make a determination regarding whether the requested refund is due. The determination of the City will be in writing and will state the reasons for the determination.
- Refunds may be made by direct payment to the Applicant or by other appropriate means. The refunded fees shall be taken from the account into which the impact fee funds were originally placed. In the event fees become refundable due to the City's failure to expend impact fees in compliance with the timing or other applicable requirements of this Article, then the City shall cause a notice of the availability of such refund to be published in a newspaper of general circulation within the City, and such notice shall be prominent and published in a section of the newspaper other than the section reserved for legal advertisements or notices.
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Table 5-3-2-3 Timing of Requests for Refunds | |
| Asserted Basis for Eligibility | Deadline for Request |
| Lapse or revocation of building permit | 60 days after such lapse or revocation |
| Failure of City to expend funds in a timely manner | One year after the expiration of the time limit for the expenditure. |
| Reduction in the amount of development / impact | 60 days after the completion of development |
- Interest on Refunds. In the event impact fee funds are refunded as a result of the failure of the City to expend impact fee funds within the time limit established pursuant to this Article, such refund shall include interest. Refunds under any other circumstances shall include interest only if the funds have been held by the City for more than one year. Any interest payable shall be at a rate equivalent to the net average annual yield received by the City during the period such funds were held.
Effective on: 7/1/2014
Sec. 5-3-3-1 Establishment of Major Street Impact Fee; Schedule; Service Area
- The City Council may revise and amend the Major Street Impact Fee Schedule from time to time after review and revision of the major street impact fee study.
-
Beginning in 2011, at the end of each year during which a review and evaluation of the major street impact fee study is not performed, the Major Street Impact Fee Schedule shall be adjusted to account for construction cost inflation, as follows:
- On January 1 following each calendar year during which the fee schedule was not comprehensively updated, based on an update of the study, an adjusted fee schedule shall become effective.
- The Administrator shall calculate adjustments to the impact fee rates by multiplying them by a ratio, the numerator of which is the most recently available two-year moving average of the annual Colorado Construction Cost index by the Colorado Department of Transportation and the denominator of which is the same index for a period one year earlier than the numerator. In the event that this index is discontinued or is unavailable, the Producer Price Index for Highway and Street Construction, prepared by the U.S. Bureau of Labor Statistics, shall be used.
- The Administrator shall make the adjusted Major Street Impact Fee Schedule publicly available; including updating Appendix A, Major Street Impact Fees of this LUDC.
- Generally. The major street impact fee service area is the defined geographic area within which major street impact fees are imposed, calculated, collected, appropriated, and expended on eligible major street improvements, or to serve new development in the area.
- Boundaries. The boundaries of the major street impact fee service area is defined as the City of Durango and the unincorporated area identified in the intergovernmental agreement ("IGA") regarding joint land use planning between the City of Durango and La Plata County, as may be amended from time to time. If the IGA is terminated, then the service area is the City of Durango and to any property utilizing City utilities pursuant to an implied consent agreement.
Effective on: 7/1/2014
Sec. 5-3-3-2 Applicability
- Development for which a building permit was issued before October 21, 1997;
- Development which made actual connection to the City's water or sewer utility pursuant to an implied consent agreement before October 21, 1997;
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Development which does not generate additional traffic and, therefore, which does not contribute to the demand for major street improvements, including, for illustrative purposes only:
- Certain changes in use;
- Accessory uses, excluding major accessory uses unless listed independently;
- Home occupations;
- Temporary uses;
- Signs;
- Fences;
- Grading;
- Excavation;
- Fill;
- Off-street parking, unless it is a principal use;
- Landscaping;
- Lighting;
- Loading areas;
- Provision of public utilities or utility service;
- Provision of sewer or water services or lines; and
- Utility transmission lines.
- Development not previously subject to an impact fee which is subject to an annexation or planned development agreement executed on or before November 1, 1997, that incorporates plot plan or site specific development plan approval showing building footprints, and for which building permits were issued prior to January 1, 1998.
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Modification or replacement of an existing single-family dwelling unit, which:
- Does not change its use as a single-family dwelling unit; and
- Does not increase its gross floor area such that it would be charged a different fee under the Major Street Impact Fee Schedule.
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Redevelopment, reconstruction, or rehabilitation for which a building permit or change of use permit is required, which, compared to the condition immediately prior to the redevelopment, reconstruction, or rehabilitation:
- Does not increase the number of dwelling units on the parcel proposed for development;
- Does not increase the gross floor area of nonresidential development; and
- Does not increase trip generation.
- Changes in use in the central business (CB) zone which do not increase the gross floor area of existing structures, even if the change increases trip generation. Changes from nonresidential uses to residential uses or changes from residential uses to nonresidential uses do not qualify for this exception.
Effective on: 7/1/2014
Sec. 5-3-3-3 Relationship to Other Requirements of the LUDC
The major street impact fee requirement shall not affect, in any manner, the permissible uses of property, the density / intensity of development, applicable design and improvement standards, the subdivision of land, or any other applicable standards, requirements, or conditions imposed by the LUDC, which requirements shall remain in full force and effect without limitation with respect to new development. The major street impact fee is additional and supplemental to, and not in substitution of, any other requirements imposed by the City on new development or applicable to the issuance of a building permit for new development; provided, however, that if pursuant to any other provision of the LUDC, the developer has been or is being required to construct or pay special assessments for a major street improvement, such developer may be eligible for a credit, as set forth in Subsection B. of Section 5-3-3-5, Major Street Impact Fee Credits.
Effective on: 7/1/2014
Sec. 5-3-3-4 Calculation of Major Street Impact Fee
- Application for a building permit for new development;
- Application for a change of use permit; or
- A request to connect to the City's water or sewer utility pursuant to an implied consent agreement.
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The following existing conditions:
- The use of the parcel proposed for development at the time of application, or, if vacant, cleared, or abandoned, the most recent use (or concurrent uses) of the property within the five year period before the application; and the gross floor area for each identified use;
- The number, type, and gross floor area of dwelling units on the parcel proposed for development at the time of application, or if cleared, the number, type, and gross floor area of dwelling units that existed on the parcel during the five year period before the application; and
- If all or part of the parcel proposed for development has been vacant for more than five years, then the existing condition is vacant for the purposes of this Division.
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The following proposed conditions:
- The types of land use that are proposed;
- The number, type, and gross floor area of dwelling units; and
- The gross floor area of each proposed nonresidential use.
- The major street impact fee is calculated by applying the the Major Street Impact Fee Schedule to the proposed conditions confirmed pursuant to Subsection D., above.
- If the type of new development proposed has multiple uses, each identified land use shall be subject to a separate impact fee calculation, unless the Applicant can document that the effect of the multiple uses is to reduce the number of trips otherwise generated by each individual land use.
- For redevelopment, reconstruction, or rehabilitation for which a building permit or change of use permit is required, but which does not meet the conditions for exception from impact fee requirements that are set out in Subsection B. of Section 5-3-3-2, Applicability, the major street impact fee shall be reduced by the impact fee that would have been payable based on the existing conditions confirmed pursuant to Subsection D., above. The reduction shall not be more than 100 percent of the fee that would be payable for the proposed development.
- Identify the listed land use with the most similar trip generation characteristics and calculate the impact fee based on that land use;
- Identify the broader land use category within which the proposed new development would most appropriately fit and calculate the impact fee pursuant to that land use; or
- If (and only if) the Administrator finds that the above-mentioned alternatives are inadequate, then the Administrator may authorize the Applicant to conduct a traffic impact analysis for the proposed new development. The traffic impact analysis shall be paid for by the Applicant or the developer, shall be performed by a qualified traffic engineer, and shall be subject to the approval of the City Engineer.
Effective on: 7/1/2014
Sec. 5-3-3-5 Major Street Impact Fee Credits
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Credits against the impact fee shall be made in order to avoid overcharging an Applicant when one or both of the following circumstances exist:
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The Applicant enters into an improvement agreement to which the City is a party, which includes:
- The obligation of the Applicant to construct or improve all or a portion of a major street improvement in accordance with the major street improvement plan;
- The obligation of the Applicant to accomplish said improvement within the five-year capital improvements plan ("CIP") period; and
- Appropriate security and / or escrow provisions running in favor of the City to ensure that the improvements are completed according to City standards; or
- The Applicant has previously paid a fee or fees for all or a portion of a major street improvement that is required to serve the development for which the impact fee is to be assessed.
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The Applicant enters into an improvement agreement to which the City is a party, which includes:
- Credits shall not be provided for the value of any major street right-of-way dedication, since right-of-way costs are not included in the impact fee calculations.
- The Applicant shall apply for major street impact fee credits at or before the time of application for a building permit for new development, change of use permit, or a request to connect to the City's water or sewer utility pursuant to an implied consent agreement. The application shall be on a credit application / calculation form provided by the City.
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The application form shall be completed and, where necessary, shall be accompanied by appropriate documentary evidence (see Subsection D., below), demonstrating the eligibility of the Applicant for the credit. Such documentation shall include:
- The amount of the fee paid by the Applicant or developer for a major street improvement; and / or
- The amount of construction costs incurred by the Applicant or developer for a major street improvement. The credit shall be the sum of the Applicant's expenditures for fees and construction costs for any major street improvements, provided such fees and construction costs were incurred after January 1, 1997.
Effective on: 7/1/2014
Sec. 5-3-3-6 Timing of Payment
Effective on: 7/1/2014
Sec. 5-3-3-7 Appropriation of Major Street Impact Fee Funds
- Major street impact fee funds shall only be appropriated for eligible major street improvements, including all major street improvement costs within the major street impact fee service area, as may be amended from time to time.
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Impact fees shall be appropriated within seven years of the beginning of the City fiscal year immediately succeeding the date of impact fee collection, unless such time period is extended. An extension may be approved if:
- The appropriation is for an eligible major street improvement which requires more than seven years to plan, design, and construct; and
- The demand for the major street improvement is generated, in whole or in part, by the new development, or the major street improvement will serve the development.
- Impact fees may not be appropriated or used for personnel, operations, maintenance, or repair of major streets or street improvements.
- Impact fees may not be appropriated or used for right-of-way acquisition or related costs.
- If the City is planning to fund a major street improvement, in whole or in part, with impact fees, the City, as part of its annual budget and capital improvements programming process, shall identify eligible major street improvements anticipated to be funded in such manner.
- The budget and / or capital improvements program shall specify the nature and location of the major street improvement, the capacity added (if relevant), the need / demand for the major street improvement, and the anticipated timing for completion of the major street improvement.
- The City Council may authorize additional major street improvements funded, in whole or in part, with impact fees at such other times as may be deemed necessary and appropriate.
- The City Council shall verify that adequate impact fee funds are, or will be, available from the appropriate impact fee account at the time needed to fund the major street improvement.
Effective on: 7/1/2014
Sec. 5-4-1-1 Purpose of Article; Authority; Scope
A.
Generally. The purpose of this Article is to establish policies requiring that certain types of new residential developments include a share of affordable housing and attainable housing, or provide alternative means of compliance, as described in this Article.
B.
Authority. The City hereby enacts the provisions within this Article requiring the provision of affordable or attainable housing pursuant to:
- 1.The express statutory authority conferred upon Colorado municipalities to enact ordinances pursuant to its police power (see C.R.S. § 31-15-401, et seq.), to enact zoning ordinances in general (see C.R.S. § 31-15-103), and to enact zoning ordinances regulating the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land (see C.R.S. § 31-23-301); and
- 2.Pursuant to any and all such other authority as may be applicable including, but not limited to, the City's home rule authority pursuant to Article XX of the Colorado Constitution, as well as the recognized authority of the City to protect the general welfare of its citizens. The provisions of this Article are adopted pursuant to the City's home-rule power and authority under its municipal charter.
C.
Scope. This Article sets out policies governing the following actions by Applicants, developers, possible successors in title, City staff and boards, and program administrators related to development, marketing, sales, and operation of certain real estate developments that are residential, in whole or in part, including:
- 1.Submission and review of applicable residential development proposals and determining conditions of approval related to the provision of Fair Share Homes or alternate means of compliance;
- 2.Preparation, review, approval, and execution of Fair Share Agreements between property owners and the City to ensure compliance with this Article; and
- 3.The authority to enter negotiations pertaining to possible partnerships with Applicants for the purpose of creating affordable or attainable housing, as detailed and updated periodically in the Administrative Procedures Manual.
- 4.Monitoring the performance of property owners subject to such agreements, and any successors in title that are subject to such agreements or other requirements of this Article, and taking appropriate action in the event of noncompliance.
D.
Policy Intent. It is the intent of this Article that built Fair Share homes are the preferred option for Fair Share compliance. City Council may permit alternatives to the provision of Fair Share Homes within a development, as described in Section 5-4-2-2 of this Article. Such alternatives may be amended periodically and must have a rational basis for achieving similar public benefits to the provision of Fair Share Homes in a development.
Effective on: 10/1/2024
Sec. 5-4-1-2 Application of Article; Administration
A.
Generally. This Article shall apply as follows:
- 1.Developments Not Subject to Fair Share Requirements. The provisions of this Article shall not apply to:
- a.Developments subject to existing affordable-attainable housing agreements with the City.
- b.Ownership developments with eight or fewer dwelling units.
- c.Rental housing developments with eight or fewer units.
- d.A residential development for which the developer has recorded with the Clerk and Recorder of La Plata County an agreement and/or covenant in form and substance acceptable to the City, ensuring that all initial for sale dwelling units will be sold to their initial buyers at prices affordable to households earning no more than 150 percent of Area Median Income as defined in the Administrative Procedures Manual and will be occupied by that initial buyer as their primary residence for a period of time approved by the City.
- 2.Developments Subject to Fair Share Requirements. The requirements of this Article shall apply to the following applications and activities:
- a.Any application that is submitted to the City after the effective date of this LUDC in which residential development or subdivision is proposed as follows:
- i.Applications for annexation initiated by persons other than the City unless previously subdivided into residential lots and not being re-platted.
- ii.Applications for rezoning, including but not limited to approval of a new Planned Development.
- iii.Applications for a subdivision plat, including a plat for residential condominiums consisting of existing or new dwelling units.
- iv.Applications for an increase in residential density for a property that is subject to an approved master plan or development plan.
- v.All site-specific development plans related to residential development including, but not limited to, special, limited, and conditional use permit applications.
- vi.Internal remodels or additions that will result in the creation of more than eight additional ownership units or more than eight rental residential units that would not trigger a site plan review.
- b.Land donations to the City or its designee in lieu of on-site construction of Fair Share Homes.
- c.Sales of lots to third parties subject to covenants or agreements to build Fair Share Homes on those lots.
- d.All newly built residential condominiums or subdivisions of existing multifamily buildings to create condominium units.
- e.The construction, marketing, sale, resale, and other transfers of Fair Share Homes.
- 3.
Developments Subject to Fair Share Requirements with Limited Exceptions. Applications requesting the extension of or connection to City utilities submitted to the City after the effective date of this Article for residential developments located outside the City limits shall be subject to the requirements of this LUDC, as may be limited by the City’s jurisdiction.
B.
Administrative Procedures Manual. The purpose of the Manual is to provide more detailed procedures and operational details for the administration, implementation, and enforcement of Fair Share requirements. Amendments to the Administrative Procedures Manual may be approved by the Department provided that notice of the change is provided to City Council and published public notice pursuant to Section 6-3-3-10 is provided within 30 days after each such change. The provisions of the Administrative Procedures Manual shall be binding on applicants and developers to the same extent as if they were fully set forth in this Ordinance.
C.
Responsibility for Administration. Responsibilities for administration are as follows:
- 1.The City or City’s designee shall be responsible for fulfilling all administrative functions of the requirements of this Article, except for those which are specifically described as the responsibilities of the City Council, the City Manager, City departments, or Boards. City’s designee's responsibilities shall be defined in detail in the Administrative Procedures Manual.
- 2.The Department shall be responsible for reviewing Applicants' proposals for compliance with this Article, administering those provisions that permit or require the City to approve waivers or refunds of certain fees, and other administrative functions described in the Administrative Procedures Manual.
- 3.The City Attorney's office shall be responsible for providing legal assistance to City departments and Boards with regard to this Article.
- 4.The Community Development Commission shall be informed about Fair Share Proposals, as part of the Commission's normal process of reviewing development proposals.
- 5.The City Council shall take into account the recommendations of the Department and shall not withhold approval of a proposal for the provision of affordable or attainable housing that complies with the requirements in this Article and the companion Administrative Procedures Manual. Notwithstanding any other provisions of this Article, the City Council has the discretion to approve special compliance provisions for development projects with regard to unique circumstances that were not contemplated in this Article or the Administrative Procedures Manual, so long as such special provisions are reasonable and based upon the intent of this Article.
- 6.The City Manager shall have the sole authority to execute Fair Share Agreements on behalf of the City, after approval by the City Council.
- 7.The Administrator has the responsibility for hearing certain appeals as described elsewhere in this Article.
Effective on: 1/1/2026
Sec. 5-4-2-1 Alternative Compliance
In some circumstances a developer required to provide Fair Share Homes on-site within a development may be able to offer an alternative means of compliance of equal value to the City. Only certain alternative means of compliance will be allowed by the City, as approved by the City Council from time to time, in consideration of the current housing market conditions. Submittal of a Fair Share proposal for the following types of alternative compliance may be authorized by the Department, and approval of alternative compliance is subject to City Council approval.
- A.Fees-in-Lieu of on-site construction, subject to those terms and conditions listed in Sec. 5-4-2-2 below;
- B.Land donations or sales of lots to third parties subject to covenants or agreements to build Fair Share Homes on those lots, subject to those terms and conditions listed in Sec. 5-4-2-3 below; and
- C.Equivalent compliance approved by the Department pursuant to Sec. 5-4-2-4.
Effective on: 10/1/2024
Sec. 5-4-2-2 Fees-in-Lieu
A.
Fee-in-Lieu Alternative. Subject to limitations described elsewhere in this Article, the following types of developments are (or may be) subject to paying fees-in-lieu of building Fair Share Homes:
- 1.A development required to provide two or fewer Fair Share Homes may, at the Applicant’s option, pay a fee in lieu of on-site construction of those homes.
- 2.If the calculation of the number of required Fair Share Homes results in a fraction of a Fair Share Home (i.e. less than one Fair Share Home), the Applicant shall pay a fractional fee-in-lieu for the fraction of a Fair Share Unit required by such calculation if not building Fair Share units.
- 3.If the calculation of the number of required Fair Share Homes results in whole number plus a fraction of a Fair Share Home, and the City Council has approved payment of a fee-in-lieu of on-site provisions of Fair Share Homes, the Applicant shall pay a fee-in-lieu of each Fair Share Home not provided on site plus a fractional fee-in-lieu for the fraction of a Fair Share Unit required by such calculation.
- 4.Any other type of development for which this Article and the Administrative Procedures Manual allow the Applicant the option of meeting some or all of the Fair Share Obligation by payment of fees-in-lieu.
B.
Calculation of Fees-in-Lieu. If and when in-lieu payments are allowed by the City, the amounts of such payments for each Fair Share Home not provided on-site will be described in the Administrative Procedures Manual. The methodology used to calculate the fee shall be derived by the housing development cost analysis and formula, creating an estimate of the amount of funds required for the City to acquire land for, provide utilities and services to, and construct the same number of Fair Share Homes that the applicant would otherwise be required to construct on site. The fee-in-lieu amount shall be adjusted each year to reflect changes in the area median income and may also be adjusted to reflect other changes in the costs of providing Fair Share Homes.
C.
Two-year validity period.
- 1.When the first building permit for a development has not been issued within two years of the recordation of the Fair Share Agreement, then the fee-in-lieu will be recalculated based on the current Fair Share fee-in-lieu in effect at the time when the first building permit is issued.
- 2.When the Fair Share Agreement has not been recorded within two years of a Preliminary Development Plan or other Plan approval by City Council, then the Fair Share fee-in-lieu will be recalculated based on current Fair Share fee-in-lieu in effect when the first building permit is issued. The Fair Share Agreement must be recorded prior to the issuance of any building permits.
- 3.For phased projects, Fair Share amounts, timing and payments shall be described in the Fair Share agreement. Houses in phased projects are subject to the regulations described in LUDC Sec. 5-4-2-3(C)1 and 2, unless otherwise exempt in the Fair Share agreement.
Effective on: 10/1/2024
Sec. 5-4-2-3 Land Donations
The Department may recommend to City Council, and City Council may approve, the donation of serviced or unserviced land as an alternative to on-site construction of Fair Share Homes or payment of a fee-in-lieu of construction of such homes if:
- A.The land proposed for donation is suitable for the construction of the same number of Fair Share Homes that the Applicant would otherwise be required to construct, and has approximately equal or better access to jobs, schools, public transportation, and public services as would be provided by on-site construction of the required Fair Share Homes;
- B.
The value of the land proposed for donation, as established by an appraisal conducted within one year prior to the offer of donation and approved by City Council, equals or exceeds the value of the fee-in-lieu that would be required pursuant to Sec. 5-4-2-3, or the applicant has agreed to pay a fractional fee-in-lieu to make up the difference between the appraised value and the fee-in-lieu payment otherwise required. The City reserves the right to reject appraisals that it deems to be accurate.
Effective on: 10/1/2024
Sec. 5-4-2-4 Equivalent Compliance
If the Department determines that on-site construction of some or all of the Fair Share Homes is not practicable for reasons that are not caused by and not within the control of the Applicant, the Department may recommend to City Council, and City Council may approve, alternative compliance with the requirements of this Article. Alternative compliance may include a combination of on-site construction of Fair Share Homes, fee-in-lieu payments, land donations, purchasing and income-restricting existing homes to meet Fair Share Home affordability levels, or other housing affordability measures. The Department may only recommend approval of equivalent compliance if the Department determines that it will provide equal or greater affordable housing benefits to the City, over an equal or longer period of time, than on-site construction of required Fair Share Homes.
Effective on: 10/1/2024
Sec. 5-4-3-1 Fair Share Proposals and Agreements
The provisions of such Fair Share Proposals shall be incorporated in Fair Share Agreements if and when approved by the City. The Administrative Procedures Manual shall set forth requirements and guidance for the preparation of Fair Share Proposals and Agreements.
Effective on: 10/1/2024
Sec. 5-4-3-2 Approval of Development Proposals Subject to Fair Share Requirements
No development proposal subject to Fair Share Requirements may be heard by the Community Development Commission unless a Fair Share Proposal has been submitted by the Applicant or the lack of such recommendation has been successfully appealed as set out elsewhere in this Article.
Effective on: 10/1/2024
5-4-3-3 Execution of Fair Share Agreements
A.
Generally. After all development approvals (except for building permits) have been received, the Fair Share Agreement may be executed by the City Manager and the Applicant. The Fair Share Agreement shall be recorded in the offices of the La Plata County, Colorado Clerk and Recorder, prior to any permits being issued or the start of any work.
B.
Cross-References and Recording. The Fair Share Agreement shall be referred to and recorded as follows:
- 1.The Fair Share Agreement shall be referred to in the annexation agreement, development agreement, or the rezoning ordinance and referred to on the annexation plat, final subdivision plat, or final development plan, or other planning approval document, as appropriate. It shall be included as a condition of approval for any extension of or connection to City utilities beyond the City limits.
- 2.The Fair Share Agreement shall be recorded in the offices of the La Plata County, Colorado Clerk and Recorder, at the time of recording the annexation plat, rezoning ordinance, final subdivision plat, final development plan, or other planning approval document, as appropriate, or prior to issuance of a building permit if the previous documents are not required, in which case a copy of the recorded agreement shall be included with the submittal for a building permit.
Effective on: 10/1/2024
Sec. 5-4-4-1 Fair Share Home Prices
A.
Generally. The sales prices and rental rates of Fair Share Homes (exclusive of closing costs) that are sold to certified, eligible owner-occupants, or rented to eligible occupants pursuant to a Fair Share Agreement shall be at or below certain prices described in the Administrative Procedures Manual.
B.
Pricing and Adjustments. Revising Fair Share Home Prices shall be revised when U.S. Housing and Urban Development (HUD) publish a new annual schedule of Area Median Incomes adjusted by family size. Fair Share Prices may also be adjusted if mortgage interest rates change substantially, at the discretion of the City, or City’s designee, or at the directive of the Community Development Department.
C.
Factors Considered in Pricing. Fair Share Home prices shall be determined by using reasonable formulas for calculating affordability, taking into account various factors including, but not limited to, Area Median Incomes calculated by the U.S. Department of Housing and Urban Development, current prevailing interest rates, estimated minimum down payment requirements of lenders, estimated costs of property insurance and real estate taxes, estimated typical costs of homeowner association fees, and a reasonable percentage of income to be spent on these housing costs. A home is generally considered to be affordable if the sales price or rent does not exceed 30 percent of the applicable Area Median Income for a household of that size.
D.
Procedures for Calculating Prices. The Administrative Procedures Manual shall contain procedures for calculating and updating home prices for purposes of this Article, so that such prices reasonably reflect current market conditions and so that the prices of Fair Share Homes cannot be manipulated by side agreements or added fees.
E.
Adjustments for Number of Bedrooms. The Administrative Procedures Manual may establish different Fair Share Home Prices depending on the number of bedrooms in the home, based upon reasonable assumptions regarding the space needs of households of various sizes that occupy a Fair Share Home.
F.
Annual Adjustments for Income. Fair Share Home prices and rental rates shall be updated on an annual basis to reflect the U.S. Department of Housing and Urban Development calculations of Area Median Income for La Plata County households of different sizes.
G.
Compliance with Average Sales Prices and Rental Rates Required. Applicants may use sales prices and rental rates at any of the income levels shown in the pricing table, provided that the average sales prices and rental rates for Fair Share Homes within the development comply with the average Area Median Income levels required by Section 5-4-4-3 below.
Effective on: 10/1/2024
Sec. 5-4-4-2 Restrictions on Use of Third-Party Subsidies by For-Profit Builders
The City will offer financial and zoning incentives for developers opting to build Fair Share Homes. Specific incentives are outlined in the Administrative Procedures Manual. The City encourages the use of such subsidies to reduce prices of Fair Share Homes from the maximum amounts allowed by this Article to a lower price, or to create funding mechanisms to bridge the disparity between market rate and affordable pricing such as but not limited to funding or partially funding down payments, closing costs of Fair Share Homebuyers, or leveraging local funding sources to access state and federal funds. Local nonprofit and government programs will offer such subsidies on some Fair Share Homes. Nonprofit builders and developers may use subsidies to achieve the required Fair Share Home Prices.
Effective on: 10/1/2024
5-4-4-3 Required Number of Fair Share Homes; Fractions
A.
Generally. In any development that is obligated to fulfill Fair Share Requirements by on-site construction of Fair Share Homes, applicants may satisfy those requirements through compliance with either the Moderate Affordability or the Deep Affordability standards below.
- 1.Moderate Affordability.
- a.
Construct at least 12 percent of the total number of residential dwelling units in the development as Fair Share units located on the same development site as other residential dwelling units in the development.
b.
For ownership units, the average sales price of all required for sale Fair Share Housing units in a development shall be affordable to households with an income equal to 100 percent of area median income, and the maximum sales price of each individual for sale Fair Share Housing unit does not exceed 125 percent of area median income.
c.
For rental units, the average rent of all required rental Fair Share Housing units in a development shall be affordable to households with an income equal to 80 percent of area median income, and the maximum rent of each individual rental Fair Share Housing unit does not exceed 100 percent of area median income.
d.
Execute a Fair Share Agreement documenting compliance with above requirements, ensuring that the required levels of affordability are maintained for a period of at least 30 years for rental and perpetuity for ownership of Fair Share homes upon which the Fair Share home is first sold or rented
- 2.Deep Affordability.
- a.
Construct at least 10 percent of the total number of residential dwelling units in the development as Fair Share units located on the same development site as other residential dwelling units in the development.
b.
For ownership units, the average sales price of all required for sale Fair Share Housing units in a development shall be affordable to households with an income equal to 80 percent of area median income, and the maximum sales price of each individual for sale Fair Share Housing unit does not exceed 100 percent of area median income.
c.
For rental units, the average rent of all required rental Fair Share Housing units in a development shall be affordable to households with an income equal to 60 percent of area median income, and the maximum rent of each individual rental Fair Share Housing unit does not exceed 80 percent of area median income.
d.
Execute a Fair Share Agreement documenting compliance with above requirements, ensuring that the required levels of affordability are maintained for a period of at least 30 years for rental and perpetuity for ownership of Fair Share homes upon which the Fair Share home is first sold or rented.
- 3.Multi-Phased Projects. It is anticipated that in larger developments being built in phases over a number of years, the number of market-rate homes may not be certain at the time of execution of the Fair Share Agreement. In such cases, the Fair Share Agreement will include an estimated number of market-rate homes and estimated required number of Fair Share Homes for the entire project. If the number of homes in the first phase of such development is certain at the time of execution of the Fair Share Agreement, then a separate Fair Share Pricing and Delivery Schedule for that phase shall be incorporated in the Agreement. As the number of homes in future phases becomes certain, the agreement shall provide for the City or its designee to administratively approve subsequent Fair Share Pricing and Delivery Schedules for future phases of the development, consistent with the overall Fair Share Requirements of the development.
- a.The Fair Share obligation for each phase shall be determined at the time of recordation at the time of that phase and shall be valid for a period of two years, unless otherwise extended by separate agreement.
Effective on: 10/1/2024
5-4-4-4 Delivery Schedules
In a Fair Share Proposal or Fair Share Agreement or as otherwise required by this Article, the Fair Share Pricing and Delivery Schedules shall be in the form of a chart that contains the numbers of required Fair Share Homes.
Effective on: 10/1/2024
Sec. 5-4-4-5 Design and Construction of Fair Share Homes
The Administrative Procedures Manual shall define reasonable standards for the design and construction of Fair Share Homes to ensure livability and compatibility with nearby market-rate homes in the development.
Effective on: 10/1/2024
5-4-4-6 Cost Offsets for Fair Share Developers
A.
Generally. In an effort to assist in making residential construction less costly, and therefore more affordable, the City offers the following cost offsets to Fair Share Developers in consideration of their construction and sale of Fair Share Homes, and to the extent that price discounts on such homes are equal to or exceed such cost offsets. These cost offsets do not apply to applications for residential developments located outside the City limits that are requesting the extension of or connection to City utilities.
B.
Fee Refunds and Waivers. Developers of Fair Share Homes may be eligible for incentive funding for a proportionate amount attributed to the Fair Share homes of certain development fees paid to the City.
- 1.Fee offsets and waivers will be made only for fees paid in connection with the on-site construction of a Fair Share Home.
- 2.Fees paid for, or allocable on a per-dwelling-unit basis to, a Fair Share Home that may be eligible for a fee waiver or refund include but are not limited to: building permit fees; use taxes, land use application fees, water plant investment fees, sewer plant investment fees, water tap fees, school fees, park fees, and major street impact fees.
- 3.The total amount of fees refunded for construction and sale of a Fair Share Home shall not exceed a fixed amount per Fair Share Home established in the Administrative Procedures Manual. The City may adjust these incentive amounts at any time, but any adjustment shall only apply to developments for which a Fair Share Agreement has not yet been approved by the City.
- 4.Based on market conditions and available funding, the City Council may approve additional financial incentives for developments providing greater numbers of Fair Share Homes or deeper levels of affordability than those contained in this Article on a case-by-case basis.
C.
Zoning Incentives
- 1.Development Density/Intensity
- a.In the Established Neighborhood and Residential-Low zone districts, each development that constructs all required rental or for sale Fair Share Homes on-site may include a number of residential dwelling units (including both Fair Share Homes and other residential dwelling units) that is 30 percent higher than the maximum number of dwelling units that would otherwise be permitted on the property, as determined by the Department.
- b.In the Residential-Medium, Residential-High, and Mixed-Use zone districts, each development that constructs all required rental or for sale Fair Share Homes on-site may include a number of residential dwelling units, including both Fair Share Homes and other residential dwelling units) that is 4 dwelling units per acre higher than the maximum number of dwelling units that would otherwise be permitted on the property, as determined by the Department.
- 2.Minimum Parking Required. In all zoning districts, each development that constructs all required rental or for sale Fair Share Homes on site may reduce the minimum number of on-site motor vehicle parking spaces required for the development as a whole (including both Fair Share Homes and other residential dwelling units) by 10 percent below the minimum that would otherwise be required for the development, provided that at least one parking space is provided for each residential dwelling unit.
- 3.Administrative and Board Approval for Fair Share Agreement and Project Review. In all zoning districts, the Fair Share Agreement for each development that is required to construct Fair Share Homes, and that constructs all required rental and for sale Fair Share Homes on site, may be approved by the Department Director, provided that the application otherwise complies with all applicable standards and requirements of this Code and applicable City regulations as described in more detail in the Administrative Procedures Manual. The Community Development Commission shall review all projects subject to Fair Share proposals, if such review is required elsewhere in the LUDC.
Effective on: 10/1/2024
5-4-4-7 Timing of Compliance
Required fair share units or alternative means of compliance shall be provided in accordance with the following requirements:
- A.Timing of Providing Fair Share Homes. In each development in which more than one Fair Share Home is required to be sold, the Fair Share Agreement shall provide for Fair Share Homes to be sold in sequence and in proportion to the sale of unimproved lots or Market Rate Homes. This sequence shall be defined precisely. Such timing of compliance shall be represented in a Fair Share Pricing and Delivery Schedule as described elsewhere in this Article.
- B.Earlier Delivery. A developer may sell affordable or attainable units earlier than required in a Fair Share Agreement or a Fair Share Pricing and Delivery Schedule.
- C.Timing of Providing In-Lieu Contributions. In-lieu contributions when required or permitted shall be due and deliverable to the City or its designee (as designated in the Fair Share Agreement) before the recordation of the Fair Share Agreement. An Applicant may, at his or her option, propose an alternative to this requirement in which staged contributions are made upon the predicted occurrence of certain events, such as the sale of lots.
Effective on: 10/1/2024
5-4-5-1 Eligible Homebuyers and Renters
A.
Moderate Affordability
- 1.A household eligible to purchase a for sale Fair Share Home meeting the Moderate Affordability requirements shall have an income not to exceed 125 percent of area median income.
- 2.A household eligible to rent a rental Fair Share Home meeting the Moderate Affordability requirements shall have an income not to exceed 100 percent of area median income.
B.
Deep Affordability
- 1.A household eligible to purchase a for sale Fair Share Home meeting the Deep Affordability requirements shall have an income not to exceed 100 percent of area median income.
- 2.A household eligible to rent a rental Fair Share Home meeting the Moderate Affordability requirements shall have an income not to exceed 80 percent of area median income.
Effective on: 10/1/2024
5-4-5-2 Marketing To and Certifying Eligibility of Fair Share Buyers
A.
Generally. Fair Share Developers shall market and sell Fair Share Homes in accordance with provisions described in the Administrative Procedures Manual. These provisions will address factors such as household income, accumulated household wealth, preferences for current residents and workers in La Plata County, waiting list management, marketing materials, responsibilities for marketing Fair Share Homes, inability to identify qualified buyers, procedures for certification of buyer eligibility, purchase contracts, and full disclosures to buyers of their obligations and rights under this Article.
B.
Authorization of Reasonable Adjustments. A reasonable and prudent method of qualifying and certifying Fair Share Homebuyers and renters as eligible to buy Fair Share Homes will be used and described in the Administrative Procedures Manual. With regard to determining qualifying incomes of prospective Fair Share Homebuyers, such method may (but is not required to) make adjustments for such household financial circumstances, such as extraordinary medical expenses, dependent care expenses, and ownership of significant non-income-producing assets.
Effective on: 10/1/2024
5-4-5-3 Filing of Deed Restrictions and Liens; Escrow Instructions
A Fair Share Developer selling or renting a Fair Share Home shall cause to be recorded in the offices of the La Plata County, Colorado Clerk and Recorder, simultaneous with the recording of the deed of conveyance, a form of deed restriction, restrictive covenant, deed of trust, or other legal instrument, approved by the City or its designee, that fulfills long-term affordability controls described in this Article.
Effective on: 10/1/2024
5-4-5-4 Monitoring of Eligibility, Sales, and Rentals
A.
General. City or City’s designee will monitor the eligibility of each potential buyer or renter of a Fair Share Home, and shall monitor each resale of a for sale Fair Share Home and each change of tenant for a rental Fair Share Home to ensure that the household incomes, sales prices, and rental rates used in each such event comply with the affordability levels required by Section 5-4-4-2 and 5-4-5-2 above.
B.
Eligibility of Fair Home Buyers and Renters. The City or City’s designee shall certify buyer and renter eligibility and administer waiting lists and preferences for residents and workers in La Plata County, as described in more detail in the Administrative Procedures Manual.
C.
Sale of Fair Share Home. Upon receipt of a settlement statement for a Fair Share Home, the City or its designee will determine if the completed Fair Share Home sale complies with Fair Share Requirements, and if not, notify the City in writing as to the specifics of noncompliance.
D.
Change in Occupancy of Rental Fair Share Home. Upon receipt of documentation of a change in tenant for a rental Fair Share Home, Homes Fund will determine if the completed Fair Share Home rental complies with Fair Share Requirements, and if not, notify the City in writing as to the specifics of noncompliance.
E.
Term of Monitoring. Monitoring of Fair Share Home resales and rentals shall continue for a period of at least 30 years, or per terms agreeable to City in agreement or covenant, following the issuance of a certificate of occupancy for a Fair Share Home.
F.
Enforcement and Subsidy Recapture. If the City determines that a violation of this ordinance has occurred, it shall have all powers available to a home rule municipality and consistent with the Durango charter to require performance of or compliance with this ordinance, or to recover financial penalties for the violation, including but not limited to the recapture of the financial value of any fee offsets, waivers, or zoning incentives used by the applicant or developer.
Effective on: 10/1/2024
5-4-5-5 Prohibition on Rental or Subleasing
A.
No Rental of Ownership Fair Share Homes. Ownership Fair Share Homes shall not be rented to a third party.
B.
No Subleasing of Rental Fair Share Homes. Rental Fair Share Homes shall not be subleased to a third party.
C.
Exceptions. The Administrative Procedures Manual may contain provisions allowing the occupancy, rental, or subleasing of Fair Share Homes in certain circumstances.
Effective on: 10/1/2024
Sec. 5-5-1-1 Purpose of Article
The purpose of this Article is to ensure that appropriate measures are in place to assure ongoing compliance with operational and maintenance requirements that are contained within this LUDC.
Effective on: 7/1/2014
Sec. 5-5-1-2 Application of Article
Effective on: 7/1/2014
Sec. 5-5-2-1 Property Owners' Association
- Perpetual existence;
- Lien rights against property owners for collection of membership dues; and
- The authority and obligation to maintain common open space and other improvements owned by the Association.
- Terminate the Association;
- Reduce or eliminate the Association's ability to enforce the collection of dues against its membership; or
- Reduce or eliminate the Association's maintenance responsibilities for common open space and other Association-owned improvements.
Effective on: 7/1/2014
Sec. 5-5-2-2 Property Management
The owner(s) of manufactured home parks and rental apartment buildings with three or more units shall designate management staff to handle the day-to-day enforcement and property management. The property manager may be the owner(s) or a third-party. However, the owner(s) are ultimately responsible for ensuring that the manufactured home park or apartment building is in compliance with all requirements of this LUDC and related health and safety codes.
Effective on: 7/1/2014
Sec. 5-5-3-1 Stormwater Management Plans
- The SWMP shall be prepared in accordance with all of the requirements of the most recent SWMP guidance document prepared by the Division and good engineering, hydrologic, and pollution control practices.
- The SWMP will be reviewed by the City, as noted in Section 6-3-4-3, Stormwater Quality Permits. The SWMP must be approved by the City prior to implementation and before construction activities commence.
- Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility;
- Describe the practices to be used to reduce the pollutants in stormwater discharges associated with construction activity at the facility and ensure the practices are selected and described in accordance with good engineering practices, including the installation, implementation, and maintenance requirements;
- Be implemented prior to commencement of construction activities; and
- Be properly prepared and updated in accordance with subsection F, below, to ensure compliance with the terms and conditions of the permit.
- The City reserves the right to review the SWMP, and to require the permittee to develop and implement additional measures to prevent and control pollution as needed.
-
When there are changes which would require the implementation of new or revised BMPs, including:
- Design changes;
- Major changes in construction activities; and / or
- Changes to the operation or maintenance of the site BMPs;
- If the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with the construction activity; or
-
When BMPs are no longer necessary and removed.
-
SWMP changes shall be made prior to changes in the site conditions, except as allowed for in Subsection G., below. SWMP revisions may include, but are not limited to:
- Potential pollutant source identification;
- Selection of appropriate BMPs for site conditions;
- BMP maintenance procedures; and
- Interim and final stabilization practices.
- The SWMP changes may include a schedule for further BMP design and implementation, provided that, if any interim BMPs are needed to comply with the permit, they are also included in the SWMP and implemented during the interim period.
-
SWMP changes shall be made prior to changes in the site conditions, except as allowed for in Subsection G., below. SWMP revisions may include, but are not limited to:
- The SWMP shall be revised as soon as practicable, but in no case more than 72 hours after the change(s) in BMP installation and / or implementation occur at the site, and
- A notation must be included in the SWMP prior to the site change(s) that includes the time and date of the change(s) in the field, identification of the BMP(s) removed or added, and the location(s) of those BMP(s).
Effective on: 7/1/2014
Sec. 5-5-3-2 Required Site Inspections
- Minimum Inspection Schedule for Active Construction Sites: The permittee shall, at a minimum, make a thorough inspection, in accordance with the requirements in Subsection B. of this Section.
- Also, post-storm event inspections must be conducted within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion. Provided the timing is appropriate, the post-storm inspections may be used to fulfill the 14-day routine inspection requirement.
- At least every 14 calendar days.
-
A more frequent inspection schedule than the minimum inspections described may be necessary, to ensure that BMPs continue to operate as needed to comply with the permit. The following conditional modifications to this minimum inspection schedule are allowed:
- Post-storm event inspections at temporary idle sites. If no construction activities will occur following a storm event, post-storm event inspections shall be conducted prior to re-commencing construction activities, but no later than 72 hours following the storm event. The occurrence of any such delayed inspection must be documented in the inspection record. Routine inspections still must be conducted at least every 14 calendar days.
-
Inspections at completed sites / areas. For sites or portions of sites that meet the following criteria, but final stabilization has not been achieved due to a vegetative cover that has not become established, the permittee shall make a thorough inspection of their stormwater management system at least once every month, and post-storm event inspections are not required. This reduced inspection schedule is only allowed if:
- All construction activities that will result in surface ground disturbance are completed;
- All activities required for final stabilization, in accordance with the SWMP, have been completed, with the exception of the application of seed that has not occurred due to seasonal conditions or the necessity for additional seed application to augment previous efforts; and
- The SWMP has been amended to indicate those areas that will be inspected in accordance with the reduced schedule allowed for in this subsection.
- Winter conditions inspections exclusion. Inspections are not required at sites where construction activities are temporarily halted, snow cover exists over the entire site for an extended period, and melting conditions posing a risk of surface erosion do not exist. This exception is applicable only during the period where melting conditions do not exist, and applies to the routine 14-day and monthly inspections, as well as the post-storm-event inspections. The following information must be documented in the inspection record for use of this exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting conditions began. Inspections, as described above, are required at all other times.
- When site conditions make the schedule required in this Section impractical, the permittee may petition the City to grant an alternate inspection schedule.
- Inspection Scope. The construction site perimeter, all disturbed areas, material and / or waste storage areas that are exposed to precipitation, discharge locations, and locations where vehicles access the site shall be inspected for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the site's stormwater drainage system, MS4, or waters of the State. All erosion and sediment control practices identified in the SWMP shall be evaluated to ensure that they are maintained and operating correctly.
- Inspection Reports / Records. The permitee shall keep a record of inspections on a form prescribed by the City. Inspection reports must identify any incidents of noncompliance with the terms and conditions of the permit. Inspection records must be retained for three years from inactivation of permit coverage. At a minimum, the inspection report must include:
- The inspection date;
- Name(s) and title(s) of personnel making the inspection;
- Location(s) of discharges of sediment or other pollutants from the site;
- Location(s) of BMPs that need to be maintained;
- Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location;
- Location(s) where additional BMPs are needed that were not in place at the time of inspection;
- Deviations from the minimum inspection schedule as provided in Subsection A, above;
- Description of corrective action for items c., d., e., and f., above, dates corrective action(s) taken, and measures taken to prevent future violations, including requisite changes to the SWMP, as necessary; and
- After adequate corrective action(s) has been taken, or where a report does not identify any incidents requiring corrective action, the report shall contain a signed statement indicating the site is in compliance with the permit to the best of the signer's knowledge and belief.
- Required Actions following Site Inspections. Where site inspections note the need for BMP maintenance activities, BMPs must be maintained in accordance with the SWMP, Section 5-5-3-3, Construction Best Management Practices, and Section 5-5-3-4, Operation and Maintenance of Stormwater BMPs. Repair, replacement, or installation of new BMPs determined necessary during site inspections to address ineffective or inadequate BMPs must be conducted in accordance with Section 5-5-3-4, Operation and Maintenance of Stormwater BMPs. SWMP updates required as a result of deficiencies in the SWMP noted during site inspections shall be made in accordance with Section 5-5-3-1, Stormwater Mangement Plans.
Effective on: 7/1/2014
Sec. 5-5-3-3 Construction Best Management Practices ("BMPs")
- Erosion Control BMPs (e.g. mulching, erosion blankets, check dams etc.) limit the amount and rate of erosion occurring on disturbed areas.
- Sediment Control BMPs (e.g. silt fence, inlet/outlet protection, sediment traps/basins etc.) attempt to capture the soil that has been eroded before it leaves the construction site.
- Material Management BMPs (e.g. stockpile management, good housekeeping practices etc.) limit contact of runoff with pollutants commonly found at construction sites, such as construction materials and equipment-related fluids.
- Site Management BMPs (e.g. construction phasing/sequencing, protection of existing vegetation, street sweeping etc.) minimize erosion and sediment transport by considering construction phasing, scheduling, and sequencing of land disturbing activities. These BMPs minimize the duration/quantity of exposed soils susceptible to erosion. Site management also ensures BMPs implemented at the site are properly selected, installed, inspected, maintained, and properly repaired to reduce erosion and sediment transport on the site.
Effective on: 7/1/2014
Sec. 5-5-3-4 Operation and Maintenance of Stormwater BMPs
- Proper selection and installation of BMPs and implementation of comprehensive inspection and maintenance procedures, in accordance with the SWMP, should be adequate to meet this condition.
- BMPs that are not adequately maintained in accordance with good engineering, hydrologic, and pollution control practices, including removal of collected sediment outside the acceptable tolerances of the BMPs, are considered to be no longer operating effectively and must be addressed in accordance with Subsection B., below..
- A specific timeline for implementing maintenance procedures is not included in this permit because BMP maintenance is expected to be proactive, not responsive.
- Observations resulting in BMP maintenance activities can be made during a site inspection, or during general observations of site conditions.
- Where site assessment results in the determination that new or replacement BMPs are necessary, the BMPs must be installed to ensure on-going implementation of BMPs as per Section 5-5-3-1, Stormwater Management Plans.
- Where BMPs have failed, resulting in noncompliance with Section 5-5-3-1, Stormwater Management Plans, they must be addressed as soon as possible (immediately in most cases) to minimize the discharge of pollutants.
- When new BMPs are installed or BMPs are replaced, the SWMP must be updated in accordance with Section 5-5-3-1, Stormwater Management Plans.
Effective on: 7/1/2014
Sec. 5-5-3-5 Final Stabilization
Effective on: 7/1/2014
Sec. 5-5-3-6 Retention of Records
Effective on: 7/1/2014
Sec. 5-5-3-7 Monitoring
The City reserves the right to require sampling and testing, on a case-by-case basis (see Section 4-3-1-5, General Stormwater Requirements). Reporting procedures for any monitoring data collected will be included in the notification by the City of monitoring requirements. If monitoring is required, the following definitions apply:
- The 30-day average shall be determined by the arithmetic mean of all samples collected during a 30 consecutive-day period; and
- A grab sample, for monitoring requirements, is a single "dip and take" sample.
Effective on: 7/1/2014
Sec. 5-5-4-1 Pedestrian and Trail Easements within the River Corridor Overlay Zone (RCOZ)
- Generally. Responsibility for maintenance of public easements, including the Animas River Trail, within the River Corridor Overlay Zone (RCOZ) are as set out in this Section.
- Continuing Maintenance.
- After acceptance by the City, the continuing maintenance of the easements will be the responsibility of the City, except that the property owner shall be responsible for snow removal in locations other than the Animas River Trail in accordance with City Code provisions concerning snow removal from sidewalks.
- It shall be the responsibility of the individual property owners to deliver trash to a location from which it can be picked up by sanitation trucks.
- Vegetation between trail easements and the river shall be maintained by the property owner, except that the City may assume an obligation and responsibility to maintain such areas which are not associated with the private development.
Effective on: 7/1/2014
Sec. 5-5-4-2 Other Easements
Except as provided in Section 5-5-4-1, Pedestrian and Trail Easements within the River Corridor Overlay Zone (RCOZ), easements shall include provisions with respect to which party to the easement is responsible for maintenance of the easement.
Effective on: 7/1/2014