The purpose of this Article is to provide the public facilities and services made necessary as a consequence of development, in an amount roughly proportional to the impact of the development upon such facilities and services, or the increased need for the facilities and services brought about by the development. The applicant shall have the option to accept the City's calculation of the required improvements and dedications, or to perform such studies as are necessary to demonstrate an alternative amount of impact of the development upon public services and facilities, and the resulting appropriate improvements, dedications or other contributions.

(Ord. 1110 §1, 2010)

(a)

Scope and Applicability. All major residential subdivisions and all PUDs shall provide sites, land or cash-in-lieu of land for mitigation of the impacts of new growth on parks, trails, streets, open space and other necessary public facilities. The following improvements and dedications shall be constructed or provided at the expense of the applicant as more fully described in the Subdivision Improvements Agreement ("S.I.A."), a form of which is attached hereto as Appendix 20-B, in a manner approved by City Council and which is consistent with reasonable public requirements, sound construction and local standards. Where a conflict exists between this Chapter, other applicable ordinances and the S.I.A., the most specific requirements shall control.

(b)

General Standards for Dedication.

(1)

The dedication of areas or sites of suitable, type, size and location for public use for parks, open space, trails or other necessary public facilities may be required in accordance with the criteria set forth in this Section, based upon either the fair market value of a percentage of the acreage, a flat fee per lot or tract or any other method agreed upon by the City and the applicant.

(2)

The City may accept a cash payment in lieu of dedicated land if payment would better serve the public interest. Cash payments shall be earmarked and used for parks, open space, trails or other public facilities. Property values shall be established by appraisal, provided by the applicant, and accepted by the City. Minimum payment for cash in lieu of dedication shall be one thousand dollars ($1,000.00).

(3)

The City may accept land, in lieu of cash payments, equal in value to the required cash payment. Land dedicated in lieu of cash payment shall be used only to sell or trade for parks, trails, streets, open space and other necessary public facilities.

(4)

In those cases where all or a portion of the land to be dedicated for public purposes are in such locations, configurations or sizes to render the use of those areas for public purposes unacceptable to the Cite, the applicant may be required to dedicate alternative sites that will meet the needs of the City. Cash in lieu of dedication may also be required. The value of any combination of alternative site dedication and cash payment pursuant to this provision shall not exceed the full market value of the total required dedication of land. Full market value shall be established in accordance with Paragraph (2) above.

(5)

All moneys collected by the City under this Section shall be deposited in an interest-bearing account which clearly identifies the purpose for which the moneys were collected. Each such account shall be tracked separately. Any interest or other income earned on such moneys shall be credited to the account.

(6)

All land to be dedicated as required by this Section shall be designated on the final approved plat as outlots or, if located outside the area of the plat, by warranty deed. These outlots shall not be building lots, with the exception of facilities owned or constructed by the City. Such outlots shall be conveyed by warranty deed to the City at the time the final plat is recorded. Title insurance acceptable to the City and a certificate of representations and warranties concerning title and usability of the property shall also be required at the time of final plat recordation and recordation of any warranty deed(s).

(7)

The applicant may be required to satisfy other conditions, as memorialized in the S.I.A., determined to be desirable or necessary to mitigate the effects of development and to promote the public health, safety and welfare.

(c)

General Criteria. The City, in formulating the appropriate combination of dedication options set forth above, shall take into consideration the following criteria:

(1)

The size of the proposed development;

(2)

The projected additional population associated with the proposed development;

(3)

The projected need generated by the development for parks, trails, streets, open space and other necessary public facilities, the provision of which is not covered by other City requirements; and

(4)

Conformance of the dedication with applicable portions of the Comprehensive Plan.

(d)

Parks. Residential, commercial and industrial developments shall provide park lands and a network of public sidewalks that provide access from public parking areas to buildings open to the general public. Residential, commercial and industrial developments shall also provide a sidewalk or trail where property is adjacent to the right-of-way. This sidewalk or trail shall run parallel to the right-of-way along the entire length of the property adjacent to the right-of-way. In determining which land areas are appropriate for dedication as parks and trails, the City Council shall consider the following criteria:

(1)

The placement of park lands in such a manner as to assist in enhancing the environment and in preserving community integrity in the most practical, attractive manner possible;

(2)

The assurance of the continuity of open space links, trails, and other major components of the recreation system;

(3)

The assurance that areas set aside for parks lands have been examined for compliance with all regional plans, if any, for park and open spaces;

(4)

The assessment of the suitability of proposed land dedications for park and recreation;

(5)

The examination of the size, shape, topography, geology, presence and condition of ground cover and timber, condition of soil, drainage, location, access and availability of water to lands proposed for park and trail purposes;

(6)

The assurance of the protection of natural and historical features, scenic vistas, watersheds, timber and wildlife;

(7)

Park lands that are intended to be used for trail rights-of-way (linear parks for pedestrian, equestrian or bicycle use) shall conform to the following criteria:

a.

The land may either be set aside as a dedicated easement or as a deeded outlot;

b.

The minimum width for such trail easement or outlot shall be based on the particular reasonable needs of the trail, its location, the surrounding terrain and the projected usage but in no instance shall be less than ten (10) feet in width and in all cases the easement shall be of adequate width to handle the proposed uses;

c.

There shall be adequate provision for public access to the trail easement within the subject property;

d.

The trail easement may overlap and include other property previously included in other easements such as ditch, canal or utility, public open space or other easement, so long as no easement compromises the functional use of any other easement;

(8)

Park land may be considered as part of the land set aside for open space or preservation as provided for in an approved subdivision or PUD; and

(9)

Land with a slope of twelve percent (12%) or more shall not be considered.

(e)

Open Space.

(1)

For multi-family development, a minimum of twenty-five percent (25%) of the total gross platted area shall be devoted to (privately held) common open space. For single-family, commercial and industrial developments, the minimum requirement shall be fifteen percent (15%) of total platted area. The City may consider the size, location and character of particular parcels in meeting this requirement.

(2)

Of the required common open space, not more than half may be water surface such as lakes, ponds, rivers, etc. Single-activity facilities such as a golf course, tennis courts, etc., shall not comprise more than fifty percent (50%) of the total required open space land area.

(3)

If applicable, facilities may be required for employees in higher density developments, such as outdoor picnic areas, benches, walking paths, bicycle paths, etc.

(4)

The City may require, by deed restriction or covenant, that the owners be bound in perpetuity to a method of maintenance of the common open space areas and other common facilities, including private streets, grounds, sidewalks, street lighting, etc.

(f)

Streets.

(1)

All roads, streets, alleys or other public traffic ways located within the development shall be dedicated as public rights-of-way unless specifically approved as private rights-of-way and so designated on the plat or other document of approval. Rights-of-way shall be conveyed to the City on and at the time of filing of the final approved plat or other document of approval.

(2)

The applicant must comply with the design criteria set forth in Article 7 of this Chapter and any other City ordinances and regulations.

(g)

Easements. Easements shall be dedicated as required by the City and to the specifications set forth in Section. 20-7-110.

(h)

Nontributary groundwater. The City shall require the applicant to convey all non-tributary groundwater rights to the City, pursuant to Section 37-90-101, et seq., C.R.S., and Section 20-5-80 of this Chapter.

(i)

Other public facilities. For the purpose of mitigating impacts associated with a development, the City Council may require the dedication of land for other public facilities, including but not limited to fire stations, schools, libraries, police substations, municipal maintenance facilities or similar public purposes which are reasonably related to the demand created by the development. Such requirements shall be based upon requests to the City made by the public agency impacted by the development and the proportionate share of impacts created by the development.

(Ord. 1110 §1, 2010)

No final plat shall be approved until the applicant has submitted a signed S.I.A., agreeing to construct or provide the required improvements, in the form attached as Appendix 20-B.

(Ord. 1110 §1, 2010)

No final plat shall be approved without the inclusion of the certification language attached as Appendix 20-A.

(Ord. 1110 §1, 2010)

(a)

A subdivision or site improvements agreement (S.I.A.) acceptable to the City must be accepted and recorded concurrent with final approval and recordation of the subdivision plat, or as a condition of approval of a site plan application under Section 20-3-100 where public improvements are required. The S.I.A. shall include a security instrument to guarantee its obligations The security may be in any of the following forms as approved by the City Attorney:

(1)

An escrow of funds with the City.

(2)

An escrow with a bank or savings and loan association with the unconditional right given to the City to draw on the funds deposited in the event the required improvements must be fully or partially constructed by the City or the funds are required to pay for any improvements constructed by the City or by third parties for which payment has not been made.

(3)

An irrevocable sight draft or letter of credit or commitment in a form satisfactory to the City Attorney which guarantees the City that the financial resources are unqualifiedly available to construct and pay for said improvements. The sight draft or letter of commitment may be from any financially responsible lender which is not directly or indirectly owned or controlled by the subdivider.

(4)

The amount of the security shall equal one hundred twenty-five percent (125%) of the estimated cost of the required improvements. No letter of credit drawn upon a bank or financial institution having any relationship to the applicant or any principal, director, officer or shareholder of the applicant (other than the relationship of depositor or checking account holder) shall be acceptable. The City may reject any form of security for any reason.

(b)

Building permits will be issued for only that portion of the plat for which the required financial guarantee has been provided.

(c)

The S.I.A. shall further provide that if at any time there is a breach of such agreement, the City may withhold approval of all building permits within the subdivision until such breach or breaches have been cured.

(d)

The S.I.A. shall provide that improvements shall be completed within twelve (12) months of the issuance of the first building permit or upon completion of structures upon fifty percent (50%) of the building sites within such area, whichever occurs first in time; however, if special circumstances exist, the Director may extend the time or reduce it if in his opinion, in accordance with the generally accepted engineering principles, any or all of the improvements are needed in more or less time for the residents of the area to protect the public health, safety and welfare, and such decision shall control.

(Ord. 1110 §1, 2010)

(a)

All major subdivision boundary corners shall be marked with a monument. Monuments shall be firmly set, substantial and not subject to settlement, frost heave or other movement. The monument shall be permanent and of such a nature, configuration and/or marking as to permit absolute, unquestionable identification.

(b)

Monuments shall be detectable with a ferrous metal finder. All monuments shall have a dowel or other permanent point marker and the surface shall have a chiseled, incised or embedded identification. All monuments shall be solid, without openings or voids.

(c)

Monuments of stone or concrete shall be not less than four (4) inches in the least dimension and shall be nearly square or round. Encased monuments; i.e., concrete in metal pipe or metal casing, shall not be less than three (3) inches in diameter. Solid metal cast iron or other fabricated monuments shall be not less than one and one-half (1½) inches in any least dimension and shall expose a surface not smaller than three-inch-diameter or equivalent area at the surface. Monuments shall extend to a depth of not less than thirty (30) inches below final ground surface level.

(d)

Intermediate corners, lot corners, reference and/or radius points shall be solid iron rods not less than five-eighths (⅝) inch in diameter, iron pipe not less than three-quarter (¾) inch in diameter or other accepted long-lived identifiable object which is firmly set, free from movement and which can be located with a ferrous metal detector. Markers shall extend not less than thirty (30) inches into solid ground.

(e)

All monuments and markers of a subdivision shall be of a similar type material.

(f)

The location of all monuments and markers shall be determined and set by a professional land surveyor.

(Ord. 1110 §1, 2010)

(a)

If the required improvements are not constructed or completed in accordance with the required specifications, the Director shall notify the applicant and establish schedules for correction of the noncompliance. If the Director determines that any or all of the improvements will not be constructed in accordance with the specifications, the Director may draw upon the provided security to complete the improvements in accordance with the specifications previously established.

(b)

As the required public improvements are completed, the applicant may apply in writing to the Director for a partial or full release of the provided security. If the Director determines that the improvements have been made in accordance with the final approval and S.I.A., the Director may release a corresponding portion of the provided security, provided that the City retains sufficient security to cover the cost of any incomplete improvements in addition to twenty-five percent (25%) of the original security amount. This twenty-five-percent security shall remain in place until the expiration of the warranty period set forth in this Section. Consent to release of funds or security shall not constitute acceptance by the City of any improvement.

(c)

Except as provided by an S.I.A., the City shall not accept responsibility for the operation or maintenance of any improvements until completion and final acceptance of the improvements. Upon written application by the applicant for a certificate of completion, and provided that all payments and other performances agreed to be made and performed by the applicant have been made and completed, the City shall issue a certificate of completion. Except for defects appearing within two (2) years after the date of the certificate and the retention of twenty-five percent (25%) security required by Subsection (b), the City will release the applicant from all further liability as to the completed improvements. Upon issuance of a certificate of completion, all improvements specified in the certificate shall be deemed approved and accepted by the City, after which the improvements shall be owned, operated and maintained by the City, subject to a warranty period of two (2) years, and unless otherwise agreed between the City and the applicant.

(d)

No certificate of occupancy shall be issued for any structure located within the subdivision or PUD until the public improvements required to be constructed to serve the residents or occupants of such structure have been completed. No application shall be further processed concerning property which is owned, in whole or in part, by an applicant who is in default of any S.I.A. or contract for any development within the City, or who is in default of any agreement with the City for the payment of any fee or charge.

(e)

Prior to the City's acceptance of any improvement, the applicant shall provide the City with a written warranty of work in a form acceptable to the Director (which warranty may be part of the improvements agreement) with respect to the improvements to be constructed, warranting that the work will be free of all defects in design, materials and construction, and will remain serviceable for a period of two (2) years after completion and acceptance by the City.

(f)

Prior to the City's acceptance of any utilities, the applicant shall deliver to the City "as built" designs of the utilities in both paper and electronic form. "As built" designs submitted electronically shall be submitted using AutoCad as a DWG or DXF format. The as-built drawings shall show, but shall not be limited to, such information as the exact size, type and location of pipes; location and size of manholes and catch basins; location and size of valves, fire hydrants, tees and crosses; depth and slopes of retention basins; and location and type of other utility installations. The drawings shall show plan and profile views of all sanitary and storm sewer lines and plan views of all water lines. The as-built drawings shall show all work completed within a public right-of-way and public utility easements as actually installed and field verified by a professional engineer or a representative thereof. The drawing shall be identified as as-built drawings in the title block of each drawing and shall be signed and dated by the owner of the development or the owner's legal representative and shall bear the seal of a professional community planner, engineer, architect, landscape architect or land surveyor.

(Ord. 1110 §1, 2010)

Unless otherwise set forth in the S.I.A., maintenance of dedications and public improvements required by this Article shall be as follows:

(1)

Open Space.

a.

In the event that the organization established to own and maintain common open space, or any successor organization, fails at any time after establishment of the project to maintain the common open space in reasonable order and condition in accordance with the plan, the City may serve written notice upon such organization or the residents of the project, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days of the notice and shall state the date and place of a hearing thereon. The hearing shall be conducted before the City Council within five (5) days of the expiration of the compliance period.

b.

If the deficiencies listed in the notice are not cured within the given compliance period, the City, in order to preserve the taxable values of the properties within the project and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the open space for a period of one (1) year. Said entry and maintenance shall not vest in the public any right to use the common open space except when the same is voluntarily dedicated to the public by the owners.

c.

Before the expiration of the one-year period, the City shall, upon its own initiative or upon the request of any person previously responsible for maintenance of the common open space, call a public hearing on the matter of maintenance of the space. After providing notice of the public hearing, by posting conspicuous notice on the common open space property at issue at least ten (10) days prior to the hearing, the City Council shall conduct a hearing on the matter. At the hearing, any person previously responsible for maintenance of the common open space may give evidence or testimony why the City should not continue its maintenance of the space. If the City Council determines that any other person is ready and able to maintain the common open space in reasonable condition, the City may elect to cease to maintain the open space at the end of the current year. If the City Council determines that no person is ready and able to maintain said common open space in a reasonable condition, the City may continue to maintain the common open space during the next succeeding year and, subject to a similar hearing and determination, in each subsequent year.

d.

The cost of such maintenance by the City shall be paid by the owners of properties within the project who have a right to use the common open space. Any unpaid assessments shall become a tax lien against the benefited properties. The City shall file a notice of such lien in the office of the County Clerk and Recorder upon the properties affected by such lien within the project and shall certify such unpaid assessments to the County Treasurer for collection, enforcement and remittance in the manner provided by law for the collection, enforcement and remittance of general property taxes.

(2)

Covenants. Private covenants may be imposed upon new development for the protection and maintenance of the private open space and other common areas and amenities of the development, including private roadways, sidewalks, trails and drainage facilities. Copies of proposed covenants shall be submitted to the City for review prior to final project approval. While private covenants may address matters which are also governed by this Chapter, no private covenant shall supersede this Chapter. To the extent this Chapter is more stringent than a private covenant, this Chapter shall control. To the extent the covenants are more stringent, they may be enforced by private action, but not by the City. A private covenant may not permit what this Chapter prohibits.

(3)

Roads. The subdividers of property served by new subdivision roads shall be responsible for maintenance of the roads until such time as the roads are finally accepted by the City in accordance with Section 20-8-70.

(Ord. 1110 §1, 2010)