The intent of this article is to ensure that a comprehensive, integrated network of parks and open space is developed and preserved as the community grows. The following are formal standards to ensure functionality and walkability. Each subdivision will be viewed independently for indirect recreational amenities and opportunities and for the overall active and passive recreational needs of the community. It is not the intent of the Town for all parks in all subdivisions to be alike.

(Ord. 2021-08 §2)

Open space should serve as the neighborhood focus. Open space, such as buffers, drainageways and developed parks, squares and plazas, shall be used to organize and focus lot, block and circulation patterns and to enhance surrounding development. Street, block, lot and building patterns shall respond to the views, landscape and recreational opportunities provided by the open space. Uses designated within the open space shall be appropriate to the context and character of the site and the intensity of the proposed development.

(Ord. 2021-08 §2)

(a)

Providing park and recreation opportunities.

(b)

Buildings providing recreational amenities such as community centers, pools, and indoor sports facilities.

(c)

Formal outdoor parks spaces providing usable amenities such as playgrounds, great lawns or other uses defined by Staff.

(Ord. 2021-08 §2)

Open space is any land or water area with its surface open to the sky, which serves specific uses of:

(1)

Conserving natural areas and environmental resources.

(2)

Structuring urban development form.

(3)

Protecting areas of agricultural, archaeological or historical significance.

(Ord. 2021-08 §2)

Types of Parks and Open Space

Plazas are typically located in commercial areas to serve as gathering places. Civic or private buildings with windows and active entrances border plazas. Plazas may range from having very active places with adjacent complementary uses, such as restaurants and cafes, to quiet areas with only seating, formal landscape Plantings and amenities such as fountains or public art. Developers are responsible for developing and providing the appropriate amenities for each plaza.

(Ord. 2021-08 §2)

Squares are surrounded by active public streets, are lined by shade trees and are generally across the street from civic and private buildings with windows and active entrances. The centers are open. There should be grassed areas and paved areas for strolling. Like plazas, squares may range from having very active places with adjacent complementary uses, such as restaurants and cafes, to quiet areas with only seating, formal landscape Plantings and amenities such as fountains or public art.

(Ord. 2021-08 §2)

Neighborhood parks provide places within walking distance (approximately one-third [⅓] of a mile) of residential units for supervised play for young children and unstructured activities for neighborhood residents. Developers must provide the land and develop a park for any project. Neighborhood parks may be owned and operated by a homeowners' or business association. Development agreements shall provide the Town with the right to own and operate such parks in the future. These parks shall not stand alone but shall be integrated within the community's park and trail system. Each park shall be unique and should reflect the distinctive characteristics and needs of the neighborhood.

(Ord. 2021-08 §2)

In the Town, community parks serve the residents of the entire Town. Every residential development shall provide land for a community park. Land for the community park can be credited toward the land dedication required at the time of subdivision. These parks may be purchased and developed by the Town. There may be other means for meeting this requirement based on reasonable justification by the developer and at the discretion of the Planning Commission and Town Council.

(Ord. 2021-08 §2)

The trail system shall link neighborhoods, parks, schools, open spaces, employment centers, community facilities and neighboring communities and thus provide important transportation connections and recreational opportunities and access. Developers must provide trails in the vicinity of all areas designated "Parks and Trails" on the Town's Parks and Trails Map, as well as connections to the Town's trail system and destinations within the neighborhood. The developer shall dedicate a public right-of-way for trails, with the eight (8)-foot trail maintained by the Town and the remainder maintained by an owners' association. All trail connections, where feasible, will connect to the Severance Greenway..Any project adjacent to the Great Western Trail/Severance Greenway will be required to pave their adjoining portion to the standard of the trail at that time. Trails are not included in the land dedication requirements.

(Ord. 2021-08 §2)

The Town's open space system will include private and public land legally recorded and dedicated as "open space" in order to preserve natural areas, natural area buffer zones, wetlands and other environmental resources or to act as a buffer between land uses. Open space may support passive recreation uses, including but not limited to trails, picnic areas, fishing areas or observation points for wildlife or vistas. The Town's Future Land Use Map identifies particular open space corridors (i.e. Severance Greenway). Drainageways are included but may only count toward land dedication requirements if designed appropriately and specifically permitted by the Town Council.

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Storm drainage facilities, including stormwater detention and stormwater retention ponds, may function as open space for active recreation, trail corridors or habitat enhancement areas if designed appropriately. The Town Council will consider credit toward the open space dedication requirements on a case-by-case basis at the time of platting.

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Open space with limited to no access shall not relieve a developer of obligations to contribute to the public parks and open space requirements.

(Ord. 2021-08 §2)

(a)

Areas designated as public open space shall be both visibly and physically accessible to the community. Public access shall be provided to all public open space, natural and developed, directly from the public street and trail system. Neighborhood parks, community parks, plazas and squares shall be integrated into the neighborhood design, shall be accessible to pedestrians and bicyclists and shall be handicapped accessible.

(b)

Buildings shall front public open space. Development adjacent to open spaces shall front onto the area as much as possible so that the areas are not enclosed by backyards. In the case of conservation subdivisions, open space frontage shall be appropriate to the design and character of the development.

(Ord. 2021-08 §2)

Appropriate buffering and setbacks shall be used between environmental resources and proposed development to ensure that the proposed development does not degrade the existing habitat. Developers shall provide an open space buffer zone around all-natural areas unless otherwise authorized by the Town Council. The size of the buffer zone shall be in accordance with studies prepared by Colorado Parks and Wildlife or a qualified wetland/wildlife ecologist approved and/or retained by the Town and paid for by the developer.

(Ord. 2021-08 §2)

(a)

Community parks. The Town shall own and maintain community parks.

(b)

Neighborhood parks, plazas and public squares shall be owned by the Town. The Town shall maintain facilities, including but not limited to walkways, trails, park equipment and accessories. The owners' association shall be responsible for all other maintenance, including that on the approved landscaping Plan. Each platted lot within the owners' association shall be obligated on a pro rata basis to reimburse the Town for performance of any owners' association or developer maintenance obligations not timely performed by the party with the primary obligation.

(c)

Conservation subdivisions. Conservation areas set aside as part of a conservation subdivision shall be owned by the Town and maintained by the owners' association.

(d)

Reserved.

(e)

Trails. Trails that are part of the Town's trail system and within outlots and open space dedicated to the Town shall be maintained by the Town. All other maintenance, exclusive of concrete or hard facilities affiliated with the drainage function and the trails themselves, shall be maintained by the owners' association. In the rare cases where, by special approval of the Town Council, there are trails that are part of the Town's trail system over land not dedicated to the Town, the Town shall hold trail easements, generally twenty (20) feet wide.

(f)

Drainage. Areas designated as stormwater drainage or detention areas shall be dedicated to the Town. The Town shall maintain the concrete or hard facilities affiliated with the drainage function. The owner or owners' association shall be responsible for all other maintenance of drainage facilities, including that on the approved landscaping Plan. Each platted lot within the owners' association shall be obligated on a pro rata basis to reimburse the Town for performance of any owners' association or developer maintenance obligations not timely performed by the party with the primary obligation.

(g)

Open space. Areas that are designated as open space shall be maintained according to the designated function of the area. Applicants shall work with the National Resources Conservation Service or another service approved by the Town to develop a management Plan that addresses irrigation, revegetation, erosion control and weed management. If the area, including greenbelts, is to remain in private ownership, a mechanism ensuring that maintenance will be funded in perpetuity must be in place at the time of final plat approval.

(h)

Open space protection. Areas that are designated as open space shall be protected by a deed restriction or other appropriate method to ensure that they remain open in perpetuity. They may be dedicated to the public or held in private ownership. Appropriate ownership will be determined through the review process in cooperation with the landowner. Future use may include recreational or agricultural activities.

(Ord. 2021-08 §2)

(a)

Open space includes:

(1)

Areas within the community designated for the common use of the residents of an individual development and/or the community at large

(2)

Areas designated for preservation and protection of environmental resources, including floodplains, natural drainageways and wetland areas

(3)

Areas designated for agricultural preservation

(4)

Areas of archaeological and historic significance

(b)

Open space shall not include the following:

(1)

Required setback areas around oil and gas production facilities shall not be included in the open space calculations; however, the Town Council may consider credit toward the open space dedication requirements on a case-by-case basis at the time of platting.

(2)

Disconnected remnants of land created by division of sites into lots or parcels that do not qualify as functional open space or that preserve environmental resources, unless approved by the Town Council.

(3)

Private yards.

(4)

Landscaped areas in street rights-of-way, unless greater than the required minimums.

(5)

Required parking lot landscaping associated with all uses, except parking specifically designated for access to open space areas that is within commercial and/or industrial projects.

(6)

Detention areas, unless approved by the Town Council on a case-by-case basis.

(Ord. 2021-08 §2)

The amount of functional open space required in each development will be based on the density of the development, the recreational requirements of the anticipated users and the anticipated opportunities for recreation within walking distance of the site. However, all subdivisions shall include a dedication of a percent of the gross land area or fee in lieu thereof for public parks, trails, open space or other civic purposes at the time of subdivision. Nonresidential subdivisions demonstrating essential benefits to the community may be exempted from this requirement by the Town Council. As appropriate for proximity to existing parks, additional payment in lieu of dedication may be considered.

(1)

Rural residential conservation subdivision.

a.

See Section 16.6.10.16 for details on open space dedication related to rural residential conservation developments.

b.

To the greatest extent practicable, land should be designated as a single block with logical boundaries, avoiding thin strips of conservation land unless necessary to protect or connect other significant areas and should connect with existing or potential adjoining conservation areas. Lots and streets should be located around, not within, the primary conservation area, which includes land in floodways below the high-water mark of existing bodies of water, and unbuildable wetlands and the secondary conservation area, which would include upland buffers around wetlands and water bodies, natural meadows, drainage areas, significant wildlife habitat and migration corridors, sites of historic or archaeological significance, prime farmland, critical Plant communities and hazard areas.

(2)

Single-family residential developments. The developer shall provide:

a.

A minimum of twenty-five percent (25%) as overall open space, as defined in Section 16.12.240, with the following breakdown related to usable and non-usable:

1.

Ten percent (10%) to twenty percent (20%) of the open space must be passive, such as detention, trails, parkways, and conservation areas, etc.

2.

Five percent (5%) to ten percent (10%) of the open space must be active open space, such as turf activity areas, playgrounds, pavilions, etc.

3.

Pocket parks are not allowed as park improvement unless granted by the Town Council.

4.

In rural residential single-family developments, one-third (⅓) of each residential lot greater than one (1) acre may be counted toward the overall open space requirements of twenty-five percent (25%).

b.

A minimum of one (1) centrally located park. Location and extent of park will be determined through platting process and approved by the Town Council on a case-by-case basis.

c.

The land for one (1) community park or a fair-share, cash-in-lieu contribution.

d.

An internal trail system and the trails designated on the Town's Parks and Trails Map. Pedestrian connectivity shall be required to the Great Western Trail where appropriate.

e.

Irrigated vs. non-irrigated.

(3)

Multi-family residential developments. The developer shall provide:

a.

A minimum of twenty-five percent (25%) of the gross land being subdivided as functional open space as defined in Section 16.12.240, with the following breakdown related to usable and non-usable:

1.

Ten percent (10%) to twenty percent (20%) of the open space must be passive, such as detention, trails, parkways, and conservation areas, etc.

2.

Five percent (5%) to ten percent (10%) of the open space must be active open space, such as turf activity areas, playgrounds, pavilions, etc.

3.

Pocket parks are not allowed as park improvement unless granted by the Town Council.

b.

A minimum of one (1) centrally located park. Location and extent of park will be determined through platting process and approved by the Town Council on a case-by-case basis.

c.

The land for one (1) community park or a fair-share, cash-in-lieu contribution for the park that will serve the development.

d.

An internal trail system and trails designated on the Town's Parks and Trails Map.

(4)

Commercial and industrial developments. The developer or assigns shall provide:

a.

A minimum of ten percent (10%) of the gross land being subdivided as open space unless granted a wavier by the Town Council, which may include plazas, squares, trails, landscaped areas (including areas in parking lots), recreational amenities and natural areas and other civic purposes.

b.

An internal trail system and trails designated on the Town's Parks and Trails Map. Note: For commercial and industrial projects developed as a single project with Pad Sites, the ten percent (10%) dedication will apply to the entire project. For commercial and industrial subdivisions with individually owned lots, the ten percent (10%) dedication shall apply to each lot.

(Ord. 2021-08 §2)

All land development applications, with the exception of plot Plan applications for individual single-family residences, shall be accompanied by the appropriate open space Plan. Each land development application shall include an ecological characterization report to determine if additional areas within the development shall be preserved. The following information shall be included with the landscape Plans or submitted as a separate map:

(1)

Conceptual open space and ecological characterization Plan (submit with concept sketch Plan and conceptual master Plan). The intent of the conceptual open space and ecological characterization Plan is to identify the resources on a site and show how they are integrated into the overall design for the project and the neighborhood. This information shall be included on the sketch Plan map, which should be combined with the landscape Plan if it can be clearly illustrated and the scale is not greater than 1" = 200'. The conceptual open space and ecological characterization Plan shall contain the following:

a.

A verbal and graphic description of the design intent and how the open space will function.

b.

Specific information required on the conceptual Plan as listed in Table 12-1.

(2)

Preliminary open space and ecological characterization Plan (submit with preliminary plat). The intent of the Plan is to discuss the details of how the open space will be used to organize the overall project design, to illustrate how it will function in the overall neighborhood and to define long-term maintenance requirements and responsibilities. Information should be included on the preliminary landscape Plan if it can be clearly illustrated and the scale is not greater than 1" = 100'. The preliminary open space and ecological characterization Plan shall contain the following:

a.

A description of the design intent and how the proposal is consistent with the purpose and intent of this section.

b.

Specific information required on the preliminary Plan as listed in Table 12-1.

(3)

Final open space Plan and ecological characterization Plan (submit with final plat). The intent of the Plan is to ensure that all phases of the final open space Plan are consistent with the preliminary open space Plan as approved during the preliminary plat. For a subdivision, it shall identify the resources on the site and discuss the details of how the open space will be used to organize the overall project design, illustrate how it will function in the overall neighborhood and define long-term maintenance requirements and responsibilities. Information should be included on the final landscape Plan if it can be clearly illustrated and the scale is not greater than 1" = 50'. The final open space and ecological characterization Plan shall contain the following:

a.

A description of the design intent and how the proposal is consistent with the preliminary open space and ecological characterization Plan.

b.

Appropriate documentation (i.e., warranty deed, homeowners' association documents, conservation easement and open space management Plan) that shows who will own and maintain the open space. The applicant shall develop an open space management Plan. Technical information and assistance with developing the Plan are available from the National Resources Conservation Service, the local Colorado State University Cooperative Extension Service and the local soil conservation district.

c.

Specific information required on the final open space and ecological characterization Plan as listed in Table 12-1.

Table 12-1 Open Space and Ecological Characterization Plan

(Ord. 2021-08 §2)