The purpose of this Article is to set forth certain additional procedures and requirements for development and building permits within the Knollridge PUD, Filing Nos. 1 and 2, according to the Final Plats therefor, which plats are recorded in the Office of the County Clerk and Recorder as Reception Nos. 310689 (Filing No. 1) and 322725 (Filing No. 2). The Final Plats were approved by the City, and Subdivision Improvements Agreements were entered into in 1980 and 1981 for the purpose of providing for the construction of all public improvements (i.e., roads, water, sewer, drainage) and for the construction of or payment of fees in lieu of park and water rights dedications, as required by City ordinance. A portion of the public improvements were installed, but the balance of the public improvements were not installed, and necessary fees and parkland and water right dedication compliance were not paid or performed. The purpose of this Article is to set forth a procedure and requirements for development within the Knollridge PUD Filing Nos. 1 and 2 and to ensure completion of the public improvements and receipt by the City of the necessary parkland and water right dedication fees due the City. (Prior code 17.16.100)

The effect of this Article is to waive any existing defaults under the Knollridge PUD Subdivision Improvements Agreement and Supplemental Subdivision Agreement, and allow development to go forward. Upon the effective date of the initial ordinance adopting this Article, the City hereby waives any defaults under any former Subdivision Improvements Agreement and Supplement recorded in the Office of the Clerk and Recorder as Reception Nos. 310691 and 322726 governing development of the Knollridge PUD, and declares such agreements null and void and of no further force and effect; provided, however, that the terms and conditions of this Article must be complied with and remain in full force and effect. Further, the City shall undertake all actions necessary to release in instruments to be recorded in the Office of the Clerk and Recorder any security interest it may have that was granted in connection with the Knollridge Subdivision Improvements Agreement to secure the completion of the public improvements; provided, however, that this Article shall remain in full force and effect. (Prior code 17.16.100; Ord. 4 §1, 2005)

The legal description of the Knollridge PUD is:

(1)

Filing No. 1: A parcel of land identified as Lots 1—13, Block 1, and Lots 1—8, Block 2, according to the Final Plat for the Knollridge PUD Annexation as recorded in the Office of the Clerk and Recorder, County of Garfield, State of Colorado, on December 30, 1980, at Reception No. 310688.

(2)

Filing No. 2: A parcel of land identified as Lots 1—6 and 8—10, Block 1, Lots 1—26, Block 2, and Lots 1—44, Block 3, according to the Final Plat for the Knollridge PUD Filing No. 2 Final Plat as recorded in the Office of the Clerk and Recorder, County of Garfield, State of Colorado, on December 17, 1981, at Reception No. 322725. (Prior code 17.16.110; Ord. 4 §1, 2005)

For purposes of this Article, the Knollridge PUD shall be comprised of four (4) development areas as shown on the map attached to Ordinance 44-97 as Exhibit A, a copy of which is on file in the office of the City Clerk. (Prior code 17.16.110; Ord. 4 §1, 2005)

No building permit shall be issued or development allowed within the Knollridge PUD Development Areas 1 through 4 until and unless the terms and conditions of this Article have been satisfied. All development within the Knollridge PUD shall be pursuant to this Code, including without limitation lot size, square footage per unit, setbacks, height limits, etc., and the Public Works Manual. (Prior code 17.16.120)

Prior to the issuance of any building permit for construction of a structure within Development Area No. 1, the applicant therefor shall demonstrate to the City compliance with the following conditions:

(1)

Association documents. The applicant shall demonstrate to the City that the multi-family structures to be constructed shall be part of and included within an existing homeowners' association, or shall submit for approval by the City new association documents to govern the multi-family structures to be constructed on any lot. Only one (1) association shall be permitted upon each lot; provided, however, that all associations must enter into an agreement regarding the operation, maintenance, repair and replacement of all common areas utilized jointly by the members of such associations, including but not limited to parking areas and parking lot access.

(2)

Street access and parking lots. The applicant shall provide the City with a copy of a written agreement granting such property owner, or other evidence that the property owner has, the right to utilize the proposed parking lot, which agreement shall also provide for the use, operation, maintenance, repair and replacement of said parking lot. Moreover, such agreement or evidence shall include the establishment of a reserve fund for the purpose of improving, by overlay or sealing, such parking lot. The plats recorded in the Office of the Clerk and Recorder as Reception No. 322824 and as Reception No. 327559, respectively, and the Declarations of Covenants, Conditions and Restrictions for Parkside Condominiums at Knollridge and for Stoneridge Condominiums recorded in the Office of the Clerk and Recorder in Book 588 at Page 842 as Reception No. 322825, and in Book 598 at Page 893 as Reception No. 327560, respectively, shall satisfy the requirements of this Paragraph for those properties (Lots 4, 5, 6 and 13); provided in each case that the association governing the same shall be in good standing with the Colorado Secretary of State at the time of application for building permit.

(3)

Parkside Condominiums. Lots 4 and 5 were platted and approved for twelve (12) condominium units each, reflecting densities in excess of those permitted under the zoning code in effect at the time of approval. In recognition of the existing plat, twelve (12) units shall be permitted on each of those lots, but only in strict and complete compliance with the configuration, floor plans, footprints, parking requirements and specifications shown on the original recorded plat for Parkside Condominiums at Knollridge. Any deviation from the original plat shall require compliance with the zoning code in effect at the time of building permit application, including without limitation, compliance with current density limitations and parking requirements. A replat will not be required to develop those lots in a manner other than as shown on the original plat, if such development complies with then-current zoning; provided that the applicant shall provide the City with a copy of a written agreement with Parkside Condominium Association at Knollridge, Inc., releasing and terminating any interest of the Association and its members in and to the lot for which building permit application is made and addressing the manner, if any, in which the lot shall participate in the costs of maintenance for: (a) that part of Parking Lot No. 1 shown on the Plat of Parkside Condominiums at Knollridge; and (b) the access right-of-way extending from 24th Street and serving both Parkside Condominiums and Stoneridge Condominiums.

(4)

Stoneridge Condominiums. Lots 6 and 13 were platted and approved for twelve (12) condominium units each, reflecting densities in excess of those permitted under the zoning code in effect at the time of approval. In recognition of the existing plat, twelve (12) condominium units shall be permitted on each of those lots, but only in strict and complete compliance with the configuration, floor plans, footprints, parking requirements and specifications shown on the original recorded plat for Stoneridge Condominiums. Any deviation from the original plat shall require strict and complete compliance with the zoning code in effect at the time of building permit application, including without limitation, compliance with current density limitations and parking requirements. A replat will not be required to develop those lots in a manner other than as shown on the original plat, if such development complies with then-current zoning; provided that the applicant shall provide the City with a copy of a written agreement with Stoneridge Condominium Association, Inc., releasing and terminating any interest of the Association and its members in and to the lot for which building permit application is made and addressing the manner, if any, in which the lot shall share the costs of maintenance for: (a) that part of Parking Lot No. 1 shown on the plat of Stoneridge Condominiums; and (b) the access right-of-way extending from 24th Street and serving both Stoneridge Condominiums and Parkside Condominiums.

(5)

Access and parking. Access and parking within Development Area No. 1 shall be as follows:

a.

Lots 2, 3, 4, 5, 6 and 13 access. The only access serving Lots 2, 3, 4, 5, 6 and 13 within Development Area 1 is through the parking access to serve Parking Lot No. 1, as shown on Exhibit A referenced in Section 16-15-40 above.

b.

Lot 7 and 13 access. The access serving Lot 7 within Development Area 1 is through the parking access to serve Parking Lot No. 2 and, subject to Subparagraph (6)b below, Lot No. 13, as shown on said Exhibit A.

c.

Lots 8 and 9 access. The only access serving Lots 8 and 9 within Development Area 1 is through the parking access to serve Parking Lot No. 3, as shown on said Exhibit A.

d.

Lots 1, 10, 11 and 12 access. The only access serving Lots 1, 10, 11 and 12 within Development Area 1 is through the parking access to serve Parking Lot No. 4, as shown on said Exhibit A.

(6)

Parking lot construction. The construction or improvement of the parking areas within Development Area No. 1 shall be as follows:

a.

Parking Lot No. 1 construction. At the time of the first building permit application for Lot 4, 5, 6 or 13, the building permit applicant shall provide the City with a copy of a written agreement between Parkside Condominium Association at Knollridge, Inc., and Stoneridge Condominium Association, Inc., allocating the maintenance responsibility and granting the right to use and control that part of Parking Lot No. 1 as shown on the Plat of Parkside Condominiums at Knollridge, to Parkside Condominium Association at Knollridge, Inc., for the benefit of Lots 3, 4 and 5; and allocating the maintenance responsibility and granting the right to use and control of that part of Parking Lot No. 1 shown on the Plat of Stoneridge Condominiums to Stoneridge Condominium Association, Inc., for the benefit of Lots 2, 6 and 13, which agreement shall further provide for the maintenance of the access right-of-way extending from 24th Street which serves both Parkside Condominiums and Stoneridge Condominiums to be shared by both Associations. At the time of the first building permit application for Lot 4 or 5, the building permit applicant shall be obligated to complete any required construction or improvements to that portion of Parking Lot 1 shown on the Plat of Parkside Condominiums at Knollridge, subject to cost recovery from the other undeveloped lot on a per-unit basis. At the time of the first building permit application for Lot 6 or 13, the building permit applicant shall be obligated to complete any required construction or improvement to that portion of Parking Lot 1 shown on the Plat of Stoneridge Condominiums, subject to cost recovery from the other undeveloped lot on a per-unit basis. In addition, the first applicant for a building permit for any of Lots 4, 5, 6 or 13 shall be obligated to complete any required improvements to the access right-of-way extending from 24th Street which serves both Knollridge Condominiums and Stoneridge Condominiums, subject to cost recovery from the other undeveloped lots entitled to use the same, on a per-unit basis.

b.

Parking Lot No. 2 construction. At the time of the first building permit application for Lot 7 or 13, the building permit applicant shall complete construction of Parking Lot No. 2 as shown on Exhibit A referenced in Section 16-15-40 above, subject to cost recovery from all other lot owners who must use Parking Lot No. 2 for access to their property as referenced above; provided, however, that Lot 13 may forfeit any right to use Parking Lot No. 2 and shall be relieved of any obligation related thereto so long as adequate parking for Lot 13 is provided, as required by this Article.

c.

Parking Lot No. 3 construction. At the time of the first building permit application for Lot 8 or 9, the building permit applicant shall be obligated to complete construction of Parking Lot No. 3 as shown on Exhibit A referenced in Section 16-15-40 above, subject to cost recovery from all other lots owners who must use Parking Lot No. 3 for access to their property as referenced above.

d.

Parking Lot No. 4 construction. At the time of the first building permit application for any of Lots 1, 10, 11 and 12, the building permit applicant shall be obligated to complete construction of Parking Lot No. 4 as shown on Exhibit A referenced in Section 16-15-40 above, subject to cost recovery from all other lot owners who must use Parking Lot No. 4 for access to their property as referenced above.

e.

Parking lot access drive. Whoever first constructs Parking Lot 2, 3 or 4 shall construct the parking lot access shown on Exhibit A referenced in Section 16-15-40 above.

f.

Modification by agreement. The foregoing access and parking lot allocations may be modified by written agreement of the lot owners.

(7)

Timing of parking lot improvements. Performance of any obligations with respect to parking lot and/or parking lot access improvements shall be completed at or, if construction is adequately guaranteed to the satisfaction of City staff, immediately following, construction of the units for which the building permit is authorized.

(8)

Agreement regarding parking lot construction. At the time of the application for a building permit, the applicant shall enter into an agreement with the City providing for the construction of the parking lot and/or parking lot access required above, including any provision for cost recovery from other potential users of such parking lot and/or parking lot access.

(9)

Payment of fees. The applicant shall pay to the City at the time of the issuance of any building permit the fees set forth in Section 16-15-160 below.

(10)

Effect on existing structures. Nothing herein shall be deemed to impose any financial obligation on the owners of the existing units located within Development Area 1 commonly known as the Parkside Condominiums and Stoneridge Condominiums to construct parking lots or access drives; provided that such units shall reasonably participate in parking lot and access maintenance and repair as set forth in the recorded instruments affecting such units, or as otherwise agreed in writing by the affected lot owners. (Prior code 17.16.120; Ord. 4 §1, 2005)

Prior to the issuance of any building permit for construction of a structure within Knollridge Development Area No. 2, the applicant therefor shall demonstrate compliance with the following conditions:

(1)

26th Street improvements. Lots 1, 4 and 5 border 26th Street and shall share in the cost of constructing that part of 26th Street extending from 24th Street to the western boundary of Knollridge Development Area No. 3, as hereinafter provided.

a.

One-half (½) the cost of extending 26th Street to Development Area No. 3 shall be shared among Lots 1, 4 and 5. Such one-half share shall be further allocated among those lots on a front-foot basis. Each lot shall pay its allocable share at the time of building permit application for that lot as follows:

1.

The share allocable to such lot shall be paid under the cost recovery method, if that portion of 26th Street extending to Development Area No. 3 has been constructed.

2.

If 26th Street has not yet been constructed at the time of the building permit application, the lot shall prepay its share of the cost recovery obligation based upon the then-current cost of constructing 26th Street, as estimated by the Public Works Director. Such prepayment shall be held in an interest-bearing account and, for bookkeeping purposes, shall be separately accounted for by the City.

b.

Payment pursuant to Subparagraph a.1 or 2 above shall satisfy that lot's obligation to contribute to the construction of 26th Street.

c.

Once 26th Street, or parts thereof, are actually constructed, the City may distribute prepaid funds, together with interest attributable thereto, in the manner of a cost recovery to the parties who actually construct 26th Street.

(2)

Parking and access.

a.

The Declaration of Covenants, Conditions, Restrictions and Liens of Woodridge Townhomes Association (the "Woodridge Declaration") recorded in the Office of the Clerk and Recorder in Book 594 at Page 765 as Reception No. 325670, declares the parking lot a common facility and common element for the benefit of Lots 1—8. Lots 1—6 remain unimproved and, although submitted to the Woodridge Declaration, these lots have not yet been subdivided, platted or developed and shall therefore be required to comply with the Zoning Code (including density requirements) as in effect at the time of building permit application.

b.

Lot 1 and Lot 5 shall each provide the City with a copy of a written agreement affording such lot, at a minimum, pedestrian access to the parking lot across one (1) or more of the other lots. If any lot proposes a plan that requires access off 26th Street, the building permit applicant for that lot shall be required by the City to complete the construction of 26th Street as necessary to serve such lot, subject to appropriate cost recovery arrangements.

c.

The operation and maintenance of the parking lot is governed by the Woodridge Declaration, and the owners of any units developed on Lots 1—6 shall be members, along with the owners of the existing units on Lots 7 and 8, in a common association as contemplated and required by the Woodridge Declaration, unless otherwise agreed by all parties in interest, in which latter event, the provisions set forth in Paragraph (3) below shall apply.

(3)

Association documents. The applicant shall demonstrate to the City that the multi-family structures to be constructed shall be part of and included within an existing homeowners' association, or shall submit for approval by the City new association documents to govern the multi-family structures to be constructed on any lot. Only one (1) association shall be permitted upon each lot; provided, however, that all associations must have entered into an agreement regarding the operation, maintenance, repair and replacement of all common areas utilized jointly by the members of such associations, including but not limited to parking areas and parking lot access.

(4)

Agreement regarding parking lot construction. At the time of the first building permit application for Lot 1, 2, 3, 4, 5 or 6, the building permit applicant shall enter into an agreement with the City guaranteeing the construction or improvement of the parking lot, subject to cost recovery from the other unimproved lots, in proportion to the number of units permitted on each lot under the then-existing zoning. All cost recovery charges shall be due and payable at the time of the first building permit application for each lot and the cost sharing formula shall remain in effect for a period of fifteen (15) years from the effective date of the initial ordinance codified herein.

(5)

Timing of parking lot improvements. Performance of any obligations with respect to parking lot or parking lot access improvements shall be completed at or, if construction is guaranteed to the satisfaction of City staff, immediately following, construction of the units for which the building permit is authorized.

(6)

Payment of fees. The applicant shall pay to the City at the time of issuance of any building permit the fees set forth in Section 16-15-160 below.

(7)

Effect on existing structures. Nothing herein shall be deemed to impose any financial obligation on the owners of the existing units located within Development Area 2, commonly known as the Woodridge Townhomes, to construct parking lots or access drives; provided that such units shall reasonably participate in parking lot and access maintenance and repair as set forth in the recorded instruments affecting such units, or as otherwise agreed in writing by the affected lot owners. (Prior code 17.16.120; Ord. 4 §1, 2005)

Prior to the issuance of any building permit for construction of a structure within Knollridge Development Area No. 3, the applicant therefor shall demonstrate compliance with the following conditions:

(1)

The execution of a subdivision improvements agreement in the standard form then required by the City of developers, to secure the cost of the completion of 26th Street and Howard Avenue as adjacent and contiguous to Development Area No. 3 or the portion contiguous to the phase contemplated for development, and completion of all water and sewer transmission and distribution lines, all drainage improvements and all other utilities. After cost recovery, infrastructure and road costs shall be shared equally by the properties adjoining 26th Street and Howard Avenue. To the extent such facilities have been installed by the developer of Knollridge Development Area No. 4 or the Palomino Park PUD, Filing No. 4 (for Howard Avenue), such SIA shall be waived; provided, however, that the applicant for each building permit shall be required to pay cost recovery fees on a front-footage basis, due as set forth in Section 16-15-160 below. Prior to execution of the subdivision improvements agreement, the applicant shall submit plans and specifications for review and approval by the Public Works Director pursuant to this Code and the Public Works Manual. In the event it is not possible for the applicant to secure the execution of such subdivision improvements agreement by one hundred percent (100%) of the owners of undeveloped property within Development Area No. 3, the applicant nonetheless shall be entitled to secure building permits upon the execution of a subdivision improvements agreement by sixty percent (60%) of the property within Development Area No. 3. However, such subdivision improvements agreement shall then include provision for cost recovery to the applicant from the remaining undeveloped lots, which payments shall be due in full, in an amount to be determined pursuant to the subdivision improvements agreement, at the time of the first building permit issuance for each lot, on a per-lot basis. Such subdivision improvements agreement shall also include provisions for cost recovery from the developers of Development Area No. 4, or the developers of Palomino Park PUD, Filing No. 4 (for Howard Avenue), which fees shall be determined as part of the subdivision improvements agreement and due and payable pursuant to Section 16-15-160 below.

(2)

Association documents. The applicant shall demonstrate to the City that the multi-family structures to be constructed shall be part of and included within an existing homeowners' association, or shall submit for approval by the City new association documents to govern the multi-family structures to be constructed on any lot. Only one (1) association shall be permitted upon each lot; provided, however, that all associations must entered into an agreement regarding the operation, maintenance, repair and replacement of all common areas utilized by such property, including but not limited to parking areas and parking lot access.

(3)

Street access and parking lots. The applicant shall provide the City with a copy of a written agreement granting such property owner, or other evidence that the property owner has, the right to utilize the proposed parking lot, which agreement shall also provide for the use, operation, maintenance, repair and replacement of said parking lot. Moreover, such agreement or evidence shall include the establishment of a reserve fund for the purpose of improving, by overlay or sealing, such parking lot. Access and parking within Development Area No. 1 shall be as follows:

a.

Lots 2, 3, 4 and 9 access. Access to Lots 2, 3 and 4 within Development Area 3 shall only occur off of 24th Street. Access to Lot 9 shall only occur off of 26th Street. Further, Lots 2, 3, 4 and 9 must be provided with adequate on-site parking acceptable to the City consistent with this Code.

b.

Parking lots within Development Area 3. At the time of the first building permit application for any lots located within Development Area 3, the building permit applicant shall construct one (1) of the two (2) unfinished parking lots located within Development Area 3 as approved by the City, subject to cost recovery on a pro rata basis from all other lots owners within Development Area 3.

(4)

Agreement regarding parking lot construction. At the time of the issuance of the building permit, the applicant shall enter an agreement with the City providing for the construction of the parking lot required by Subsection (3) above, including any provision for cost recovery from other potential users of such parking lot and/or parking lot access.

(5)

Payment of fees. The applicant shall pay to the City at the time of issuance of any building permit the fees set forth in Section 16-15-160 below. (Prior code 17.16.120; Ord. 4 §1, 2005)

The City requires that Knollridge Development Area 4 must be replatted to conform to this Code. The Development Area 4 replat shall reflect no more than fifty (50) lots, and all lots shall comply with the current Code requirements, including but not limited to minimum lot size and setbacks. Further, 27th Street as presently platted shall be vacated and eliminated from its presently platted location. Concurrent with the replat of Development Area 4, additional public improvement specifications and requirements shall be included in the Knollridge Subdivision Improvements Agreement for Development Area 4. At the time of final approval of any replat for Development Area 4, or any phase thereof, the developer shall enter into a subdivision improvements agreement in the standard form then required by the City and shall pay the fees imposed by Section 16-15-160 below, as set forth therein. (Prior code 17.16.120; Ord. 4 §1, 2005)

The applicant shall pay, at the time of the first issuance of a building permit for any multi-family unit, all fees due for all units to be constructed on the multi-family lot, or at the time of the issuance of the first single-family building permit within any phase, all fees due for all units within such phase. For this purpose, the following fees shall apply:

(1)

Parkland dedication fees as set forth in Appendix A to this Code, or the cash in lieu of parkland dedication fees in effect at the time of the building application.

(2)

Water right dedication cash-in-lieu fee as set forth in Appendix A to this Code, or the cash in lieu of water right dedication fee in effect at the time of building permit application.

(3)

Fairway Avenue construction off-site impact fee as set forth in Appendix A to this Code. All such fees shall be held by the City in an interest-bearing account and shall be separately accounted for, for bookkeeping purposes. Such funds, and the interest attributable thereto, shall be used only for the construction of Fairway Avenue and for no other purpose whatsoever. The City may build Fairway Avenue in phases, provided that the first work accomplished shall be to complete that section of Fairway Avenue adjacent to Knollridge Development Area No. 1. The City shall pay twenty percent (20%) of the cost of the construction of Fairway Avenue and shall proceed with construction of the same at the earliest convenient date when sufficient funds are available, in order to minimize inflationary factors and provide the benefit anticipated to the properties in respect to which such off-site impact fee is paid. The City shall diligently monitor the pertinent economic and cost factors with the goal of expeditiously completing construction of Fairway Avenue at the earliest opportunity reasonably practicable.

(4)

Subdivision improvement default remediation fee as set forth in Appendix A to this Code.

(5)

24th Street completion fee as set forth in Appendix A to this Code, (applicable to Development Areas Nos. 1 and 2 only).

(6)

Public improvement cost recovery fee, as determined in any subdivision improvements agreement entered into between the City and any landowner within the Knollridge PUD:

a.

For any lot owner within a Development Area that is obligated to pay cost recovery to the developer of a different Development Plan.

b.

For any lot owner within a Development Area that is obligated to pay cost recovery to the developer of a different Development Plan.

(7)

Parking lot construction cost recovery fee: As determined in any amount entered into between the City and any landowner within the Knollridge PUD.

(8)

Other Fees. All other fees required by this Code.

(9)

Escalation. The fees set forth in Paragraphs (3), (4) and (5) above shall automatically escalate at the rate of six percent (6%) per annum commencing January 1, 1999, unless otherwise increased or decreased by resolution adopted by the City Council.

(10)

Fee adjustment in the event of density modification or replat: The fees set forth in Paragraphs (3), (4) and (5) above are based upon the construction of the maximum number of multi-family units permissible under zoning regulations existing on the effective date of the initial ordinance codified herein within Development Area Nos. 1, 2 and 3, as set forth in the table below, and the assumption that Development Area No. 4 will contain fifty (50) single-family lots. In the event the density as constructed is different than the foregoing assumption or any portion of the Knollridge PUD is replatted, the fees per unit, on a per-lot basis within Development Areas Nos. 1, 2 and 3, and on a development area basis within Development Area No. 4, shall be adjusted to ensure that the necessary amount of fees collected from each multi-family lot and Development Area No. 4 are collected by the City to enable it to construct the contemplated improvements; provided, however, that the per-unit fees for Lots 4, 5, 6 and 13 within Development Area No. 1 shall not be reduced for construction of up to twelve (12) units per lot as permitted by Section 16-15-120(3) and (4) above. (Prior code 17.16.120; Ord. 4 §1, 2005)

Except as expressly provided in this Article to the contrary, any development area within the Knollridge PUD, or any portion thereof, may be replatted and/or phased. Replatting shall be approved only in accordance with this Code. Phasing may be approved by the Planning Commission upon request by the lot owners, provided that each phase provides for the installation or construction of the public improvements necessary to serve the phase. Phasing shall not involve less than six (6) single-family units per phase; nor less than six (6) multi-family units per lot or the maximum number of units to be constructed on any lot, whichever is less; and the fees required to be paid pursuant to Section 16-15-160 above must be paid for all lots or units within the phase at the time of the first building permit for any lot or unit within that phase. (Prior code 17.16.120; Ord. 4 §1, 2005)