This section of the Code establishes dedication standards.

A subdivider shall dedicate a right-of-way for storm drainage purposes substantially conforming to the lines of any natural watercourse or channel, stream or creek that traverses the subdivision.

The County shall require adequate provisions for suitable areas for parks, playgrounds, schools and other public building sites, as well as for such measures that preserve and enhance the scenic values of the County and the conditions making for excellence of residential, commercial or industrial development. Such provision shall not be construed as an obligation on the part of the County to maintain such park or playground areas.

5-804A.

Condition of Final Approval

The Board of County Commissioners shall require as a condition of approval of a final subdivision plat the dedication of land, cash payment in lieu of land or a combination of land and cash, for the purpose of acquiring land for school sites to serve the proposed subdivision and future residents thereof.

5-804B.

Method of Land Dedication

Dedication requirements shall be accomplished by dedicating to the County land, by a duly recorded legal instrument, upon final plat approval, in accordance with the limitations, principles and standards of this section.

I.

The land dedicated is to be used only for the purposes of providing school sites or funding growth-related planning functions by school districts for education purposes.

II.

All fees paid or land dedicated shall be held in trust by the County, to be administered by the Board of County Commissioners, for the acquisition of school sites or for funding growth-related planning functions by school districts for education purposes.

5-804C.

Suitability and Function of Dedicated Land

The location, topography, environmental characteristics and development potential of land to be dedicated for school purposes must be deemed suitable by the Board of County Commissioners.

5-804D.

Access and Utility Requirements

All lands to be dedicated must have access via a minimum 50-foot public right-of-way and also must accommodate connection of all utilities necessary to operate the dedicated land as a school site.

5-804E.

Amount of Land to Be Dedicated

At the time and place of the signing of the final subdivision plat, the person seeking final plat approval shall deed to the Board of County Commissioners lands for school sites and facilities in accordance with the following schedule:

5-804F.

Cash in Lieu of Land

I.

With the approval of the Board of County Commissioners, the developer may pay cash in lieu of the land dedication required in Section 5-804 E.

II.

All fees paid shall be held in trust by the County, to be administered by the Board of County Commissioners, for the purpose of acquiring land for school sites to serve the proposed subdivision and future residents thereof.

III.

The appraised value of the land shall be determined by a qualified appraiser chosen by the Board of County Commissioners and paid by the developer; or the appraised value of the land may be determined by mutual agreement between the Board of County Commissioners and the person seeking subdivision approval.

IV.

For purposes of calculating land value, land shall be given its current market value without improvements, except site improvements (including curb, gutter, street sidewalk and utilities) installed and in place at the time of filing of the application for preliminary subdivision approval. Market value may be substantiated by a documented purchase price (of an arm's length transaction no more than one (1) year old) or by any other recognized means, provided, however that assessed valuation shall not be relied on as evidence of current market value.

5-804G.

Recalculation of Deferred Land Dedication Requirements

If land dedication requirements for developments approved prior to Feb. 10, 1993, were deferred, the amount of the required dedication shall be recalculated prior to the acceptance of the land dedication that was deferred. The recalculated dedication amount shall be based on the dedication standards of Section 5-804 E.

5-804H.

Credit for Past Excess Land Dedications

Credit for past excess land dedications shall be due to the individual who made the dedication or paid cash in-lieu of the dedication; it shall not run with the land. Credit shall be given for land dedications made by a developer prior to Feb. 10, 1993, if the amount of such dedication was based on land dedication standards in excess of those required by Section 5-804 E. The amount of credit due as a result of excess land dedication shall be determined by subtracting the land dedication required pursuant to Section 5-804 E from the land dedication made by the developer and accepted by the Board of County Commissioners on behalf of the Telluride R-1 School District Board prior to Feb. 10, 1993. The basis for this calculation shall be the cumulative total land dedication for all filings in the subdivision or PUD.

I.

Form of Credit

Credit for excess land dedication shall be provided in the form of certificate entitling the owner of the development who made the excess dedication to (1) a proportionate reduction in land dedication requirements for future subdivision filings or (2) a refund of excess cash in-lieu payments, if any.

II.

Transfer of Credit

Credits may be transferred to other projects and/ or other project owners by filing a transfer of credit application with the County Planning Director.

III.

Notice of Credit Availability

When the right to a credit for excess land dedication exists, the County shall provide written notice of entitlement to a credit to the individual who made the land dedication at the address shown on the subdivision plat application or to the individual's successor in interest who has given notice to the County of a legal property transfer or assignment of the right to entitlement to a credit and who has provided the County Planning Office with a mailing address. Such notice from the County shall be provided within ninety (90) days of the date that it has been determined that the right to a credit exists.

IV.

Waiver and Expiration of Credit

An application for excess land dedication credit shall be made in writing to the County Planning Office within two (2) years of the date that notice of entitlement to a credit is provided by the County Planning Director. A credit not applied for within that time period shall be deemed waived. Credits granted in the form of certificate of excess land dedication credit shall be used within eight (8) years of the date of issuance, unless an extension of time for use of credits is granted by the Board of County Commissioners, for good cause shown.

5-805A.

Condition of Final Approval

The Board of County Commissioners shall require as a condition of approval of a final subdivision plat the dedication of land, cash payment in lieu of land or a combination of land and cash, for the purpose of acquiring land for active and passive park, recreation and trail purposes or for capital improvements to any park and recreational lands or trail system to serve the proposed subdivision and future residents thereof.

5-805B.

Method of Land Dedication

Dedication requirements shall be accomplished by dedicating to the County land, by a duly recorded legal instrument, upon final plat approval, in accordance with the limitations, principles and standards of this section.

I.

The land dedicated is to be used only for the purpose of providing public park and recreation sites and facilities.

II.

All fees paid or land dedicated shall be held in trust by the County, to be administered by the Board of County Commissioners, for the acquisition of sites and land areas reasonably necessitated by the proposed subdivision or for capital outlay supporting parks, including the development of said sites and land areas for public park purposes.

5-805C.

Suitability and Function of Dedicated Land

The location, topography, environmental characteristics and development potential of land to be dedicated for park and/or recreational purposes must be deemed suitable by the Board of County Commissioners. Such land shall function to provide recreational opportunities including, but not limited to: neighborhood parks, playgrounds, play fields, community or district parks and recreational trails in accordance with any adopted trails plan.

5-805D.

Access and Utility Requirements

Except for lands to be dedicated for public trail purposes, all lands to be dedicated must have access via a minimum 50-foot public right-of-way and also must accommodate connection of all utilities necessary to operate the dedicated land as a public park or recreation site.

5-805E.

Amount of Land to Be Dedicated

At the time and place of the signing of final subdivision plat, the person seeking final plat approval shall deed to the Board of County Commissioners lands for public park and recreation facilities totaling three hundred (300) square feet times the total "population level" of the subdivision (see Article 6 for definition).

5-805F.

Cash in Lieu of Land

I.

With the approval of the Board of Commissioners, the developer may pay cash in lieu of the land dedication required in Section 5-805 E.

II.

All fees paid shall be held in trust by the County, to be administered by the Board of County Commissioners, for the acquisition of sites and land areas reasonably necessitated by the proposed subdivision or for capital outlay supporting parks, including the development of said sites and land areas for public park purposes.

III.

The appraised value of the land shall be determined by a qualified appraiser chosen by the Board of County Commissioners and paid by the developer; or the appraised value of the land may be determined by mutual agreement between the Board of County Commissioners and the person seeking subdivision approval.

IV.

For purposes of calculating land value, land shall be given its current market value without improvements, except site improvements (including curb, gutter, street sidewalk and utilities) installed and in place at the time of filing of the application for preliminary subdivision approval. Market value may be substantiated by a documented purchase price (of an arm's length transaction no more than one (1) year old) or by any other recognized means, provided, however that assessed valuation shall not be relied on as evidence of current market value.