7.4.304: STREET IMPROVEMENTS:

a. Encourage the development of sound, economical, stable neighborhoods and create a healthy living environment for the residents of the City, in conformance with the goals and policies of the Colorado Springs Comprehensive Plan.

b. Provide for lots of adequate size, configuration, and appropriate design for the purpose for which they are to be used and to accommodate the physical features of the site.

c. Promote design flexibility.

d. Provide for streets of adequate capacity and that with appropriate improvements will handle anticipated traffic flow.

e. Preserve the significant natural features and environmental quality of the City.

3. Set forth appropriate standards for utilities and services that will:

a. Provide an efficient, adequate, and economical supply of utilities and services to land proposed for development, in order to assure that governmental costs are minimized to the greatest extent possible.

b. Ensure that adequate stormwater infrastructure, sewage disposal, and other utilities, services, and improvements needed to serve the subdivision of land are provided. It is the developer's responsibility to ensure that an adequate stormwater outfall is provided for the site as determined by the Stormwater Enterprise Manager.

c. Provide for the undergrounding of all public utility lines up to thirty-five thousand (35,000) volts except as otherwise provided in Subsection 7.4.303C (Undergrounding of Utilities).

4. Assure the provision of adequate and safe circulation that will:

a. Ensure safe and effective emergency response.

b. Minimize traffic hazards through appropriate street design and provide for safe and convenient vehicular, bicycle, and pedestrian traffic circulation.

c. Provide for adequate vehicular access to adjacent properties and the subdivider's remaining holdings.

d. Assure that street rights-of-way are provided for in accord with the Major Thoroughfare Plan and Engineering Criteria.

e. Provide for safe and convenient pedestrian access throughout the community.

5. Assure adequate public facilities are provided that will:

a. Enhance the coordination of subdivision development with the provision of public facilities such as parks, recreation areas, trails, schools, utilities, and other types of community facilities.

b. Ensure that public facilities are provided in compliance with the Colorado Springs Comprehensive Plan.

c. Ensure adequate law enforcement and fire protection services.

6. Ensure the appropriate development of the community through the implementation of the goals and policies of the Colorado Springs Comprehensive Plan.

B. Territorial Limits of Regulations:

1. Area Inside City Limits: This UDC shall apply to all land located within the City limits.

2. Area Outside City Limits: All layouts of proposed subdivisions outside the City but within the territorial limits of any written agreement between the City and El Paso County shall be submitted to the City for recommendations relating to subdivision design, traffic, circulation, and the Colorado Springs Comprehensive Plan.

C. Compliance Required: No person shall subdivide any tract of land that is located within the City except in conformity with the provisions of this UDC, and jurisdiction under this Part 7.4.3 and those parts of Article 7.5 (Administration and Enforcement) addressing review and approval of proposed subdivisions shall also extend to and cover any major street plan adopted under the provisions of this UDC to the extent of the territorial limits established under the State statutes. (Ord. 23-03)

7.4.302: DESIGN STANDARDS:

A. Application: The design standards established in this Section 7.4.302 shall be applied by the Planning Commission or staff assigned to perform an administrative review in evaluating a proposed plat of subdivision.

B. Conformity with Colorado Springs Comprehensive Plan: The plat shall be consistent with the Colorado Springs Comprehensive Plan.

C. Remnants of Land: The plat shall not create parcels of land that do not meet the standards for a developable lot in the zone district where the property is located, unless those parcels are designated as "tracts" and adequate assurance is provided to incorporate the tracts into usable lots in future developments.

D. Block Standards: The layout of each block shall conform to sound subdivision design principles and the length, width, and shape shall comply with:

1. Requirements for lot size in the zone district where the property is located;

2. Any applicable overlay district requirements regarding avoidance of sensitive lands including those standards related to land near streams, floodplains, hillsides, and in the WUI-O district in Part 7.2.6 (Overlay Districts);

3. Applicable standards related to the provision of utilities, grading, erosion control, and stormwater, including without limitation those standards in Parts 7.4.6 (Grading and Erosion Control) and 7.4.7 (Stormwater) and the Engineering Criteria; and

4. The provision of safe and effective emergency responses as well as applicable standards for safe, convenient access and circulation for motor vehicles, bicycles, and pedestrians, including the standards for access and connectivity in Part 7.4.4 (Access and Connectivity) and the Engineering Criteria.

E. Lot Standards:

1. General: The size, shape, and orientation of lots shall be appropriate to the proposed subdivision location and to the type of development contemplated and shall conform to requirements of this Code, including without limitation the requirements for lots, access, and connectivity in the zone district in which the property is located.

2. City Limits Line: No lot shall be divided by a City limit line.

3. Access: Each lot in a new or replatted subdivision shall be provided with satisfactory access to a dedicated public street pursuant to the Engineering Criteria.

4. Double Frontage: Double frontage lots, other than corner lots, are not permitted unless approved by the Manager, Planning Commission, or City Council based on considerations of public safety, land use efficiency, or topographic constraints.

5. Flag Lots: Flag lots may be allowed where warranted by physical conditions of landform, existing lot pattern, or unusual size or shape of parcel(s). The narrow strip of land connecting the main portion of a flag lot to the street shall be not less than twenty (20) feet wide at any point and side lot utility easements not less than five (5) feet wide shall be provided adjacent to the flag lot lines. If five-(5) foot-wide public utility easements are not provided along side lot lines, the stem portion of the flag lot shall be not less than twenty-five (25) feet wide. The stem portion of the flag lot shall also provide for practical vehicular and utility access and allow for adequate utility service line separations and shall not be counted towards the minimum lot area requirement of the zone district.

F. Residential Lot Design Adjacent to Major Street: If a frontage road is not provided for a lot with an attached or detached single-family or two-family dwelling use fronting onto an expressway, freeway, or principal or minor arterial street, the subdivider shall cause the design of the subdivision to conform to one of the alternative design treatments stated below:

1. Lots adjacent to the expressway, freeway, or principal or minor arterial street shall have vehicular access from the existing or proposed alley adjacent to the rear lot line. Fire apparatus shall have vehicular access from the existing or proposed alley adjacent to the rear lot line subject to Colorado Springs Fire Code Official approval; or

2. Lots adjacent to the expressway, freeway, or principal or minor arterial street shall have vehicular access from the minor street adjacent to an approved double frontage lot. Fire apparatus shall have vehicular access from the existing or proposed alley adjacent to the rear lot line subject to Colorado Springs Fire Code Official approval.

G. Compact Lot Orientation: For Compact Lots, the following additional standards for lot orientation and related pedestrian access shall apply:

1. Greenway Oriented Units:

a. Greenway Oriented Units shall be oriented to have primary pedestrian access off of a courtyard or green space, with the entry façade oriented to the courtyard or green space. Pedestrian connections shall be provided through the greenway to provide access to parking and the street system.

b. Spacing between dwelling units shall be a minimum of thirty (30) feet.

2. Street Oriented Units: Street Oriented Units shall be oriented to have primary pedestrian access off of the adjacent private or public residential street or alley.

H. Easements:

1. Utility Easements:

a. Utility easements shall be provided and shall not less than five (5) feet wide on both sides of all side lot lines and seven (7) feet wide on both sides of all rear lot lines

b. Where the right-of-way is fifty (50) feet or less in width, a five (5) foot wide utility easement shall also be provided adjacent to the right-of-way;

c. The standards in subsections 1.a and 1.b may be adjusted by the Colorado Springs Utilities Chief Executive Officer, City Engineer, or the Manager.

d. All required public drainage, public utility, and other public improvement easements shall be placed on the Final Plat prior to recording.

2. Drainage Easements: All existing and, to the maximum extent feasible, proposed drainage easements for stormwater infrastructure/conveyance shall be placed on the Final Plat and so marked prior to recording. Further, private drainage easements shall be marked "private drainage easements" on the plat, or a statement shall be placed on the Final Plat that the City is not responsible for the maintenance of said easements, prior to recording.

3. Combined Easement for Utilities and Drainage: Easements proposed for both utilities and stormwater shall be at least seven (7) feet wide on rear lot lines and the joint purposes of the easement shall be designated on the Final Plat prior to recording.

4. Access and Parking Easements: All required common access, ingress/egress, and parking easements shall be shown on the Final Plat and indicated whether public or private.

5. Maintenance of Easements: Except as otherwise provided by plat note or as provided in any easement granted to the City by separate instrument, the property owner shall be responsible for the maintenance of all easements granted or dedicated to the City, and all easements granted or dedicated to the City on behalf of its enterprise, Colorado Springs Utilities, or for public utilities.

I. Railroad Rights-of-way: Where a subdivision adjoins a railroad right-of-way, space for grade separations, buffer strips, and other protective treatments along the right-of-way shall be provided as required by the City to protect public health and safety and to mitigate adverse impacts from the railroad on nearby properties. Spaces or treatments required by the City for these purposes may exceed those required property setbacks in the zone district where the property is located, and may exceed landscaping, screening, and buffering otherwise required by Part 7.4.9 (Landscaping and Green Space).

J. Lots Requiring Smoke Alarms or Sprinklers:

1. A monitored smoke alarm system or a sprinkler system shall be required for all new homes on lots with lot lines that are more than six hundred (600) feet from the entrance of a cul-de-sac or lots for which the only vehicle access is a road with grades in excess of ten (10) percent. This requirement shall not apply to Subdivision Plats recorded prior to March 24, 1981, or to subdivisions for which a Development Plan was approved prior to April 1, 1993.

2. Development in the WUI-O district is also subject to the requirements of Subsection 7.2.604B (Compliance with Fire Prevention Code and Standards Required).

3. Each lot meeting the criteria of Subsections 1 or 2 above shall be identified on the Subdivision Plat. (Ord. 23-03)

7.4.303: REQUIRED IMPROVEMENTS:

A. Requirement to Install and Complete Improvements: The improvements required in Subsection B below shall be constructed and installed by the subdivider prior to the final approval of the final Subdivision Plat. In advance of the completion or installation of such improvements, the subdivider shall provide acceptable assurance to secure to the City the actual construction or installation of the improvements within such period as shall be determined by the City Engineer, Stormwater Enterprise Manager, or Colorado Springs Utilities Chief Executive Officer based on considerations of public safety. Any required assurance shall be in an amount adequate to cover the cost of constructing or installing the required improvements as determined by the City Engineer, Stormwater Enterprise Manager, or Colorado Springs Utilities Chief Executive Officer.

B. Required Improvements: The following improvements shall be provided by the subdivider:

1. Street Improvements and Streetlights: The subdivider shall pay for the installation and construction of all required street improvements, pursuant to Section 7.4.304 (Street Improvements), the Code of Ordinances, and the regulations of Colorado Springs Utilities related to required easements in streets. In addition, the subdivider shall pay for costs associated with the installation and construction of all necessary streetlights as required by Colorado Springs Utilities regulations and this Code regarding the installation of streetlights. Required streetlights are included in the term street improvements.

2. Electric, Gas, Water, Wastewater, and Stormwater Systems: The subdivider shall pay for the design, installation, and construction of all the required electric, gas, water, wastewater, and stormwater systems necessary to serve the development in compliance with this UDC, this Code, the most recent version of the Colorado Springs Utilities Gas, Electric, Water and Wastewater Line Extension and Service Standard, the Engineering Criteria, and the rules and regulations of Colorado Springs Utilities and the Stormwater Enterprise. The Sections of the Code of Ordinances and this UDC regulating the installation and extension of water and wastewater lines are as follows:

a. Wastewater, Water Lines, When May Be Laid: Chapter 12, Article 5 of this Code.

b. Wastewater Permits And Connection Charges: Chapter 12, Article 5 of this Code.

c. Taps, Service Lines And Use Of Water: Chapter 12, Article 4 of this Code.

d. Stormwater Improvements: As required under Section 7.4.701 (Stormwater Requirements).

e. Application for Gas & Electric Line Extension: Colorado Springs Utilities Electric Line Extension & Service Standards.

3. Right-of-way and Public Utility/Drainage Easements Stabilization: Stabilization of land within the right-of-way or within any public utility/drainage easement is required to the extent deemed necessary by the City Engineer and consistent with any requirements of the zone district, this UDC, and the Engineering Criteria. Prior to the final acceptance of any improvements within the right-of-way or public utility/drainage easement, the City Engineer and Stormwater Enterprise Manager shall be satisfied that no existing or potential erosion problems exist within the right-of-way, public utility/drainage easement, or on land adjacent to such right-of-way or easement that could affect the stability of the right-of-way. The subdivider shall guarantee such right-of-way and easement stabilization for a period of two (2) years from the date of probationary acceptance, and shall provide assurance acceptable to the City in an amount equal to ten (10) percent of the cost of the work as part of such guarantee. For channel improvements, the assurance will remain at one hundred (100) percent of the cost of the work during the two (2) year period following probationary acceptance. During the two (2) year warranty period, once the subdivider has achieved final acceptance, the continued maintenance of the area shall be the responsibility of the owners of the property within easements and adjacent to the right-of-way or as outlined in separate maintenance agreements acceptable to the City.

4. Permanent Survey Monuments, Range Points and Lot Pins: As required by State law.

C. Undergrounding of Utilities: Telephone lines, electric lines up to thirty-five thousand (35,000) volts, and other similar utility services shall be placed underground. Transformer, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and other facilities necessarily appurtenant to such underground utilities may be placed aboveground. The provisions of this Subsection 7.4.303C (Undergrounding of Utilities) shall not apply to existing facilities or to any Preliminary, Preliminary and Final, or Final Plat that was approved by the Planning Commission prior to March 25, 1996.

D. Approval of Septic Tanks: In areas where public wastewater systems are not accessible, individual wastewater disposal systems may be installed only after the approval of the Colorado Springs Utilities Chief Executive Officer in accord with this Part 7.4.3 (Subdivision Standards).

E. Time Delay for Installation of Public Improvements:

1. Subdividers who desire to delay the installation of public improvements required by this Section 7.4.303 shall submit to the City Engineer, a request for a time delay of the installation of public improvements. The City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate, shall review and either approve or disapprove the request based on considerations of public safety and limiting financial risks to the City.

2. If the request is approved, the City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate, shall require the subdivider to execute an agreement for the delay of installation of public improvements, and such agreement shall be recorded.

3. If the request is denied, the subdivider may appeal to the Planning Commission in the same manner as a request for a waiver for the installation of public improvements pursuant to Section 7.5.524 (Administrative Adjustment) The Planning Commission shall treat such appeal as a request for action on a request for time delay for the installation of public improvements not as a request for a waiver for the installations of public improvements.

F. Actual Construction of Improvements: No construction of subdivision improvements shall be started until the improvement plan for the entire area covered by the Final Plat has been approved by the City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate. After the improvement plans have been filed, and the approval of the City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate, has been obtained, the subdivider shall construct the required improvements subject to obtaining the required permits from the City Engineer and Colorado Springs Utilities (for wastewater and water systems).

G. Acceptance of Improvements: All required subdivision improvements, as specified in this Section 7.4.303 and other applicable City ordinances and regulations, shall be fully constructed by the subdivider and approved by the City Engineer, Stormwater Enterprise Manager, and Colorado Springs Utilities Chief Executive Officer, and a written notice of approval shall be transmitted to the subdivider. The approval of the improvements by the City shall be contingent upon the subdivider guaranteeing and being responsible for any defects of the improvements for a two (2) year period after written acceptance by the City, pursuant to Section 7.4.306 (Assurances and Guarantees for Public Improvements). (Ord. 23-03)

7.4.304: STREET IMPROVEMENTS:

A. Minor Streets: The subdivider seeking approval for a subdivision containing a Final Plat shall agree as a condition of approval to construct and dedicate all minor streets as shown on the Final Plat.

B. Major Streets: The subdivider seeking approval for a subdivision containing a Final Plat shall agree as a condition of approval to construct and dedicate all major streets shown on the Final Plat. Such construction and dedication of major streets may be the subject of partial reimbursement by the City as set forth below.

C. Access and Connectivity: All required street improvements shall comply with the access and connectivity standards in Part 7.4.4.

D. Construction of Street Improvements: A subdivider seeking Final Plat approval or a developer or redeveloper of property may be required by any adjacent governmental entity, as a condition of the approval of the subdivision or development of the property, to make improvements to streets or pedestrian and bicycle access facilities and streetlights adjacent to or outside the land development to carry traffic generated by the development. These improvements shall include, but not be limited to, constructing or otherwise improving streets and bicycle or multiuse paths; dedicating additional rights-of-way; widening; constructing transit facilities such as shelters and pull-out lanes; constructing curb and gutter; and installing medians, sidewalks, acceleration or deceleration lanes, traffic control devices, or streetlights.

E. Cost Recovery for Street Improvements from Benefitting Property Owners:

1. Eligibility for Cost Recovery: Whenever any street improvements listed in Subsection D above are made by a subdivider or developer of land (a "developer"), the developer is entitled to fair share cost recovery of the cost of the improvements, less any City reimbursement, from the owner or owners whose property is adjacent to the improvements as the adjacent property is subdivided, developed, or redeveloped within twenty-five (25) years after acceptance of the improvements by the City. The date of acceptance of the improvement will be the date that the City Engineer accepts the improvements on a probationary basis. However, if a developer has not achieved final acceptance of the improvements by the City within thirty (30) months after probationary acceptance of the improvements, the developer's recovery right for the improvement involved will be voided.

2. Processing Cost Recovery Agreements:

a. The provisions of Subsection 7.4.304D (Construction of Street Improvements) shall apply to all cost recovery agreements in effect on June 1, 1995, and cost recovery agreements approved after that date. The City Engineer is authorized to record any cost recovery agreements not previously recorded with the El Paso County Clerk and Recorder. The City Engineer is also authorized to cooperate with developers who have existing cost recovery agreements on file to implement a system for indexing such agreements and notifying affected property owners of such agreements.

b. A developer wishing to obtain cost recovery for improvements constructed that benefit other adjacent property owners shall file a cost recovery statement with the City Engineer not later than twelve (12) months after the date the improvement was accepted on a probationary basis. Such statement shall be accompanied by copies of paid receipts or other satisfactory evidence of payment of the costs claimed for the improvement; any expenses incurred after probationary acceptance are not recoverable. The City Engineer shall then review the cost recovery statement for reasonableness and appropriateness of the costs claimed, and may request backup for any such costs. The City Engineer may make such adjustments as it determines are necessary if the costs are in excess of reasonable and necessary costs at then-prevailing rates. If the City Engineer does not notify the party submitting the cost recovery statement in writing of any adjustments to the costs listed in the statement within sixty (60) days after the statement was submitted (or, if backup documentation is requested within thirty (30) days, then within sixty (60) days after the requested backup documentation is submitted), then the costs in the statement will be deemed approved as submitted. The City, at the expense of the developer, shall notify all property owners who will be affected by the cost recovery agreement by certified mail that a cost recovery statement, which may affect their property, has been submitted to the City Engineer.

c. The developer will assist the City Engineer, as needed, in determining the property owners adjacent to the improvements that are subject to the cost recovery to be notified and in obtaining the names and addresses of such properties. When the costs subject to cost recovery have been approved as provided above, the City Engineer shall notify all affected property owners that the developer's application has been approved and provide to all affected property owners a copy of the notice of cost recovery. The notice shall advise all affected property of their right to review the application and file an objection, and contain the following information:

(1) Price per lineal foot;

(2) The amount of lineal foot per parcel; and

(3) The legal description and current parcel numbers of each parcel subject to the cost recovery.

d. The owner of a property that is subject to a cost recovery application may file with the City Engineer a written objection to the notice of cost recovery and cost recovery application within ten (10) days of proof of mailing. Following filing of an objection, the City Engineer shall review the objection and the application and make a recommendation to the Public Works Director, who shall issue an opinion on the objection within twenty-five (25) days of the objection being filed with the City Engineer. The opinion of the Public Works Director shall be final.

e. Once the objection period has expired, the City Engineer shall execute a Cost Recovery Agreement on the standard form approved by the City. After execution, the Cost Recovery Agreement shall be recorded with the El Paso County Clerk and Recorder by the City Engineer. The Developer shall pay all costs of recording.

3. Repayment of Costs: During the cost recovery period, an application for a Subdivision Plat or Building Permit from owners whose properties are subject to the cost recovery provisions of this Subsection 7.4.304E, shall not be approved until a fair-share cost recovery for the cost of the improvements has been made to the developer or its assign, as follows:

a. The City Engineer shall determine the fair share cost recovery on a front foot basis. The fair share allocation shall be determined by dividing the costs subject to recovery by the number of lineal feet of property line that is adjacent to the improvements.

b. On January 1 of the year following acceptance of the improvements by the City and each year thereafter on January 1, the cost recovery amount shall be increased by three (3) percent simple interest.

c. The City Engineer shall not approve any such plat if it leaves unplatted strips along the roadway subject to cost recovery, the plat fails to plat portions of such owner's property that are reasonably necessary for effective use of the property being platted, or the plat is otherwise configured so as to avoid the reasonable fair share payment by such owner.

d. All liability for improvement costs shall be limited to twenty-five (25) years after acceptance of the improvements by the City.

e. When all cost recovery costs have been paid, a signed notarized copy by the developer or its assign for the release of the Cost Recovery Agreement shall be submitted to the City Engineer and shall state that payment has been made in full and that all parties agree to the release of the Cost Recovery Agreement from the property involved. The cost of recording shall be charged to the owner of the property being released. The release shall be recorded with the El Paso County Clerk and Recorder by the City Engineer. During the cost recovery period, approval of plats or Building Permits for the land adjacent to the improvements shall be conditioned upon payment of the fair share of the improvement cost as determined by the City Engineer, if the City Engineer determines that such improvements would have been required to be installed by the subsequent developer.

4. Address for Payments, Unclaimed Payments: It is the responsibility of the developer notify the City Engineer in writing of any changes in address for notices and payments pursuant to the Cost Recovery Agreement. If the City Engineer mails a notice of cost recovery specifying the amount of cost recovery and the property involved (a "cost recovery notice") to the developer by certified mail using such developer's most recent address in the City Engineer's files, and no response is received within thirty (30) days, then the City Engineer shall be authorized to execute on behalf of such developer and record a release of the Cost Recovery Agreement from the property paying the cost recovery. If the cost recovery involved is not claimed by the developer within twelve (12) months following mailing of the cost recovery notice, then the cost recovery involved will be paid to the City's general fund, and the developer will forfeit all rights to those funds.

5. Improvements Already in Place: If the improvements are already in place, and if the City Engineer determines that such improvements would have been required to be installed by any developer adjacent to the improvements, as a condition of development, the developer may be required as a condition of approval of development to pay to the City a fair share, as determined on a front foot basis of the original costs of the improvements, subject to three (3) percent simple interest factor each year and subject to the twenty-five (25) year limitation, if no Cost Recovery Agreement is in effect or a Cost Recovery Agreement is invalid for any reason.

6. Cost Recovery by the City and Other Governmental Entities: Nothing in this Subsection E is intended to preclude or prohibit the City or another governmental entity from entering into and being a party to cost recovery agreements with landowners for public roadway improvements. In these types of cost recovery agreements, interest may not be charged on the costs of the installed or constructed public roadway improvements.

F. Cost Reimbursement by the City:

1. Generally:

a. Commencing January 1, 1988, the City shall reimburse, from funds specifically appropriated for such purpose, subdividers who complete construction of major streets or portions of major streets shown on the City's Major Thoroughfare Plan. Reimbursement of the costs subject to reimbursement shall be made after the City Engineer finds and determines on the basis of actual use and community benefit that the major street or portion of a major street is meeting a community need.

b. The City Engineer shall articulate standards to determine when a subdivider who constructs a major street or portion of a major street is entitled to costs subject to reimbursement.

c. The Council may set aside specifically designated funds for the purpose of reimbursing a subdivider costs subject to reimbursement for a major street or street portion of a major street that the City Council desires be constructed. This reimbursement shall not be subject to the City Engineer standards for reimbursement.

2. Costs Subject to Reimbursement: The following costs are eligible for reimbursement by the City pursuant to this Subsection F.

a. The fair market value of that portion of the right-of-way of a major street in excess of sixty (60) feet in width shall be a cost subject to reimbursement. The fair market value of the right-of-way dedicated to the City shall be determined as of the time of Final Plat recording in accord with the following:

(1) The City and the owner may agree as to the fair market value; or

(2) The City and the owner may apply to a court of competent jurisdiction for determination of just compensation as provided for in C.R.S. title 38, article 1.

b. The actual costs of construction of the major street less the actual costs of:

(1) Grading the entire width of the major street. This is any cut, fill, repairing soft spots, moisture treating, compacting, and grading of the sub-base beneath the base course for the entire width of the street. This does not include the compaction testing and chemical treatment of the sub-base for the qualifying additional width of roadway. For items that qualify for reimbursement, it must be shown that extra work was required beyond the requirement of standard major street cross-sections.

(2) The installation of pavement mat and base course up to thirty-six (36) feet wide. This is standard requirement for construction of the major roadway.

(3) The installation of drainage structures. Major street bridges shall be treated separate and apart from roadway reimbursements. City Code covers the construction reimbursement for major street bridges.

(4) The installation of sidewalks. They are standard requirements for major street sections.

(5) The installation of curb and gutter on each side of the full pavement mat, not including median curb and gutter. Full pavement mat is a continuous pavement that is between the curbs. There are two (2) pavement mats in a cross-section of a major street. The median separates the two (2) pavement mats. Therefore, curb and gutter at the outer edge of the roadway are not eligible for reimbursement. Preparation and installation of the median curb and gutter are reimbursable. Grading associated with the median curb and gutter is not eligible for reimbursement. Raised medians are a standard requirement of major street sections and are not eligible for reimbursement.

(6) Any treatment installed in the area between the median curbs, including without limitation any type of landscaping, concrete pavement, asphalt pavement, or other types of treatment within that area between the median curbs.

(7) The construction of any turn lanes serving other private property. This is a standard requirement of major street cross-sections.

(8) Any item not constructed in accordance with plans approved by the City Engineer and finally accepted for maintenance by the City Engineer.

(9) Any other item that is part of the standard requirement of major street cross-sections.

3. Conditions of Reimbursement:

a. The City shall reimburse only those persons or entities that own the major street right-of-way when dedicated and only those persons or entities that paid for the actual costs of construction or both, or those persons or entities who have valid assignments for such rights to reimbursement.

b. The major street must be constructed in accord with plans approved by the City Engineer and finally accepted for City maintenance by the City Engineer.

G. Private Streets:

1. When Required or Permitted:

a. The Manager may require the installation and construction of private streets and the retention and maintenance of those private streets by the developer or another entity acceptable to the City when:

(1) The site, layout of the site, density of units or structures, or other circumstance adversely affects the ability of the City or other governmental entity to adequately provide service or effectively maintain an adequate level of service to the site;

(2) The public health, safety, convenience, and welfare of the citizens, would be adversely affected by requiring a public street; or

(3) A proposed street will not comply with one (1) or more applicable ordinance, regulation, rule, or policy concerning the standards of design or construction for a public street.

b. The Manager may approve the installation and construction of private streets when requested by a developer if the Manager, City Engineer, and Fire Code Official determine that the proposed private street:

(1) Will protect the public health, safety, and welfare as well or better than if a public street were required; and

(2) Will be maintained by an entity with adequate financial capability to perform routine maintenance and periodic replacement needed to maintain the quality of the street at a level equal or better than that of a public street.

2. Design and Location: The location and design of a private street or right-of-way shall be subject to the review and approval of City Engineering and the Fire Code Official.

3. Designation: Each private street approved by the City shall be clearly designated as a private street on the Subdivision Plat, and the plat shall include a note clarifying that the City is not responsible for maintenance of the private street.

4. Street Name Signs:

a. It is the responsibility of the property owner(s) or an authorized agency on behalf of the owner(s) to erect and forever maintain permanent signs that shall identify the name of each private street or right-of-way.

b. Each required street sign shall be of a brown background with white reflective lettering and shall, in every other respect, conform to the specifications of the "Manual on Uniform Traffic Control Devices."

c. Each required street sign shall be erected no later than that point in time when the occupancy of one-half (1/2) of the units on the block face has occurred.

5. Fire Apparatus Access Road Markings:

a. It is the responsibility of the property owner(s) or an authorized agency on behalf of the owner(s) to erect and forever maintain permanent fire apparatus access road markings where required by the Fire Code Official.

b. All fire apparatus access road markings shall comply with all requirements of the Fire Code Official.

c. Fire apparatus access road markings shall be installed prior to the occupancy of the first structure on each roadway segment serving the structure.

6. Inspection and Approval: Private streets shall be inspected and approved by the Fire Code Official prior to the issuance of any Building Permit for a building receiving access from that private street.

H. Street Names:

1. Approval: All street names, both public and private, shall be subject to the approval of the Planning Department, Traffic Engineering, Colorado Springs Police Department Enhanced 911 Database Coordinator, Fire Code Official, and the Building Official. For purposes of this Section 7.4.304H, the official street name list to be used in the review of street names shall be that list commonly known as the master street address guide maintained by the El Paso/Teller County Enhanced 911 Authority Board.

2. Street Name Regulations: The following regulations shall apply to all newly platted or renamed streets:

a. Address Assignment: Numeric address assignment shall be subject to the approval of the Building Official as required by Section RBC312 (enumeration code) of the Regional Building Code.

b. Street Names: All street names shall be established by the use of common spellings using the Latin alphabet.

c. Directional Entries: No directional entries shall be allowed as part of a street name, for example, but not by way of limitation, Northpointe Drive.

d. Residential Street Names: Residential street names shall be limited to a maximum of fourteen (14) letters, not including the street name designation. Two-word street names are permitted.

e. Duplicate Street Names: Duplicate street names shall not be approved regardless of the

street designation, for example, but not by way of limitation, Chelton Road, Chelton Loop, Chelton Circle.

f. Street Names Similar to Other Streets: Street names that closely approximate the spelling or phonetically sound similar to a platted street in the El Paso County-Teller County 911 service area shall not be approved.

g. Numeric Spelling in Street Names: The use of street names containing numeric spelling is prohibited, for example, but not by way of limitation, Two Branch Lane, or Six Pack Avenue.

h. Street Designators in Street Names: A street designator (such as the use of "way" in "Aspenway" Drive) shall not be used as part of the street name.

3. Continuity of Names: Any street that is a continuation or a logical approximate extension of an existing dedicated street, a platted street, a deeded street, a proposed street as shown on an approved Land Use Plan or approved Development Plan, or a street on the Major Thoroughfare Plan shall bear the same street name unless the continuation is to be designated as a private street. Street names shall not change at any point along the continuation of the street. Street names may change names at approved intersections. No street shall intersect itself resulting in an intersection with the same street name.

4. Small Culs-De-Sac: Small culs-de-sac that have fewer than five (5) interior lots shall bear the name of the intersecting street and the property shall be sequentially numerically addressed from the block series of the intersecting street.

5. Public Street Name Designation: Street type abbreviations shall comply with the National Emergency Number Association (NENA) standards. Street name designations shall be as defined by Traffic Engineering and used as follows:

a. Boulevard or Parkway: Shall be reserved for streets designated on the Major Thoroughfare Plan that are planned to have a median divider of sufficient size to allow for landscaping.

b. Avenue or Road: Shall be reserved for streets of substantial continuity such as major or minor arterials of the Major Thoroughfare Plan.

c. Street or Drive: Shall be reserved for streets of less continuity such as collector streets.

d. Court, Place, Circle, Way, Terrace, Lane, Loop, Trail, or Path: Shall be reserved for streets with no continuity.

6. Private Street Name Designations: Any private street or right-of-way shall be designated as follows: Grove, Heights, Point, or View.

7. Temporary Posting of Public or Private Street Name Required:

a. In order to ensure the timely and effective delivery of public services, including emergency assistance, provision of utilities, and required inspections, it shall be the responsibility of the subdivider, a duly authorized agent, or other subsequent property owner(s) to ensure the temporary posting of street names in subdivisions or areas of the City where new construction of building(s) is occurring.

b. Such temporary posting of a street name shall occur within forty-eight (48) hours after issuance of the first Building Permit to allow construction in a block face.

c. Such a street name sign shall be of any material that is weather resistant, shall be lettered to be legible and weather resistant, shall be placed in a location that is convenient and visible and at the appropriate intersection, and shall be maintained until a permanent sign is installed.

d. Temporary access to any property based on a temporary posting of a street name shall not be construed as a guarantee of continued usage of any numeric address or street name that may have been assigned at time of approval of temporary access.

e. Temporary addressing must comply with all requirements of the Fire Code Official. (Ord. 23-03)

7.4.305: ARTERIAL ROADWAY BRIDGES:

The system for funding a portion of the costs of constructing or expanding roadway bridges for freeways, expressways, and major or minor arterial roadways bridges in the City is established in Section 7.4.702 (Drainage Basin Fee Program). (Ord. 23-03)

7.4.306: ASSURANCES AND GUARANTEES FOR PUBLIC IMPROVEMENTS:

A. Statement Required: The approved Final Plat shall contain the following statement:

"No Building Permits shall be issued for building sites within this plat until all required fees have been paid and all required public and private improvements have been installed as specified by the City of Colorado Springs, Colorado Springs Utilities, and the Stormwater Enterprise or alternatively until acceptable assurances including but not limited to letters of credit, cash subdivision bonds or combinations thereof guaranteeing the completion of all required public improvements including but not limited to drainage, Permanent Control Measures, channels, streets, and erosion control have been placed on file with the City of Colorado Springs."

B. Specific Requirements Prior to Building Permit Issuance:

1. Street Improvements:

a. Whenever the tract of land to be platted includes or is adjacent to a major street (street with right-of-way width greater than sixty (60) feet) or a major street is necessary to serve the land to be platted, such major street shall be completed prior to the issuance of Building Permit or acceptable assurance guaranteeing the completion of the major streets shall be filed with the City.

b. The City Engineer may authorize the issuance of Building Permits before public street improvements are installed or completed, or before public street improvements are accepted by the City, provided that the permit applicant provides acceptable assurance guaranteeing the completion of the street improvements and agrees simultaneously to construct the street improvements with the buildings for which the permits are issued and acceptable assurances are on file with the City. No buildings constructed shall be occupied, unless otherwise approved by the City Engineer, until the City has issued Probationary Acceptance for the public street improvements.

2. Utilities:

a. No Building Permits within any plat shall be issued for sites requiring utility extensions and/or service connections until all required utility plans, coordination efforts, agreements, or other specific requirements, as specified by Colorado Springs Utilities, are completed and on file with Colorado Springs Utilities.

b. The payment of all utility development charges, recovery agreement charges, and all other Utilities charges associated with the Building Permit process shall be payable in full at the time the Building Permit is issued or as directed by City Council. Such charges shall not be waived for governmental, quasi-governmental, or any other user wishing to connect to a City utility service.

3. Stormwater Improvements:

a. For the purposes of this Subsection 3, "stormwater improvements" refers to drainage, channel, Permanent Control Measure, and erosion control improvements.

b. Whenever the tract of land to be platted includes or is adjacent to a major stormwater improvement (stormwater improvements identified in the City's Drainage Basin Planning Studies and stormwater improvement plans), or a major stormwater improvement is necessary to serve the land to be platted, such major stormwater improvement shall be completed prior to the issuance of Building Permit or acceptable assurance guaranteeing the completion of the major stormwater improvements shall be filed with the City.

c. All other public or private stormwater improvements necessary to convey and control the quality of stormwater runoff from or through the land to be platted to protect the building sites for which the Building Permit is requested, or to protect downstream property owners, shall be installed and completed, and public stormwater improvements shall be accepted by the City, before the first Building Permit for the platted land is issued. The Stormwater Enterprise Manager may authorize the issuance of Building Permits before public or private stormwater improvements are installed or completed, or before public stormwater improvements are accepted by the City, provided that the permit applicant provides acceptable assurance guaranteeing the completion of the stormwater improvements and agrees simultaneously to construct the stormwater improvements with the buildings for which the permits are issued and acceptable assurances are on file with the City. No buildings constructed shall be occupied, unless otherwise approved by the Stormwater Enterprise Manager, until the City has issued Probationary Acceptance for the public stormwater improvements and all private stormwater improvements are installed or completed, based on documentation satisfactory to the Stormwater Enterprise Manager.

4. Obligations of Landowners: The obligation to provide, construct, or install public improvements as set forth in this Code shall be the obligation of the landowner, and shall run with the land and shall be the obligation of future landowners, successors in interest, assignees, or any other persons who take title to the property or any lot or part of the property.

5. Return of Fees and Release of Assurance:

a. If it becomes impossible to proceed with a development for which a Final Plat has been approved, under an order of any court or other public authority having jurisdiction, including the City, or as a result of an act of government, including but not limited to a declaration of national emergency making materials unavailable through no act or fault of the subdivider or a natural catastrophe such as flood or earthquake or similar act or occurrence over which the subdivider has no control, the subdivider may apply to the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, for return of fees paid for facilities and release of acceptable assurance on file with the City. No such fee or payment paid shall be refunded or acceptable assurance released unless the recorded plat for which the fees were paid or for which acceptable assurance was filed is vacated.

b. Upon receipt of such application, the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, shall investigate the circumstances set forth in the letter of application to verify those circumstances. If the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, finds no sales of land in a subdivision with reference to the final recorded plat, the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, may relieve the subdivider from the requirement of filing acceptable assurance and may release the assurance previously filed with the City and refund the fees paid upon vacation of the plat. If the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, finds that lands have been sold or developed, the City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, shall require the installation of all required improvements from the nearest improved street or from the nearest utility main or line of adequate capacity to such point as shall be necessary to serve the land so sold or developed. The City Engineer, with concurrence from the Stormwater Enterprise Manager as appropriate, may release the assurance as to unsold and undeveloped land beyond that point, provided, however, that the existing stormwater facilities are adequate to protect existing development. No fee or payment for unsold and undeveloped land shall be refunded or acceptable assurance released unless the portions of the recorded plat covering the unsold and undeveloped land for which the fees were paid or for which acceptable assurance was filed is vacated.

c. No Building Permit shall be issued for the construction of any improvement on the land for which a fee or acceptable assurance would otherwise be required under this Section 7.4.306 while such release is in effect.

C. Renewal and Update of Acceptable Assurance:

1. Responsibility of Subdivider: If assurances filed with the City expire, no Building Permits for a building site shall be issued after the date on which they expire. It shall be the responsibility of the subdivider to keep current all assurances filed with the City. The City shall have the right at any time to increase or decrease the amount of assurance in accord with the current estimates of public improvements or utilities, it being the intent of this provision that the subdivider shall pay the entire cost of all improvements, and the subdivider shall limit the subdivider's liability for those entire costs by filing assurances based upon estimates.

2. Release of Assurances for Streets and Ancillary Public Improvements: Except as provided in this Section 7.4.306, assurances for streets and ancillary public improvements shall be released upon inspection and acceptance by the City in accord with the Engineering Criteria. If upon inspection of the public improvement deficiencies are found, then only that portion of the public improvements that are found to be acceptable shall be released from assurance. An acceptable amount of assurance as determined by the City shall be maintained to cover the cost of repair or correction. Upon completion of the repair or correction to the satisfaction of the City, the balance of the assurance shall be released. In order to obtain a release of reduction of assurance filed with the City, the request must be made in writing to the City Engineer for an inspection of the improvements covered by the assurance.

3. Release of Assurance for Channel, Permanent Control Measure, and Erosion Control Assurance: Except as provided in this Section 7.4.306, assurances for channel, Permanent Control Measure, and erosion control improvements shall be released upon inspection and acceptance by the Stormwater Enterprise in accord with the Engineering Criteria.

4. Subdivision Assurance:

a. Assurances Provided:

(1) Assurances for construction shall be provided by subdividers and other developers responsible for constructing public street and stormwater infrastructure for the City. An assurance in and on a form approved by the City Attorney and issued by a surety approved by the City Attorney, must be posted for public improvements according to the following table:

Table 7.4.3-A Assurances
Total Assurance Obligation	Assurance Required
Minor Streets and Drainage
$200,000.00 or less	90 percent
$200,000.01 - $400,000.00	80 percent
$400,000.01 - $600,000.00	70 percent
$600,000.01 - $800,000.00	60 percent
$800,000.01 or greater	50 percent
Minor Streets, Channel, Permanent Control Measure, and Erosion Control Assurance
Any amount	100 percent
Notes: "Total assurance obligation" means the sum total dollar amount of each individual construction assurance due to the City from the subdivider or developer. The assurance percentage referred to in the above table means that percentage of the total assurance obligation which is due to the City from the subdivider or developer to satisfy the subdivider's or developer's assurance obligation. By way of example, in subdivision A, a subdivider or developer has a street assurance obligation of $100,000.00 and a separate channel assurance obligation of $300,000.00. The subdivider's or developer's assurance percentage required to be posted would be 90 percent for the street and 100 percent for the channel.

(2) Subdivider's Responsibility to Retain Required Amounts of Assurances: In the event the City draws upon a subdivider's or developer's assurance percentage so that the dollar sum of assurance available to the City drops below the assurance percentage required, the subdivider or developer shall within fourteen (14) days increase dollar sum of the assurance to not less than the minimum level shown in the table above.

(3) When an assurance for the construction of public infrastructure or private improvements is required pursuant to this UDC, the Manager or City Engineer may approve a single assurance applicable to multiple projects managed by the same subdivider or affiliated subdividers, if the following criteria are met:

(a) The subdivider has three or more active projects requiring public or private improvements for which assurances are required;

(b) The initial combined total value of public infrastructure and private improvements for active projects is $2,000,000 or fifty (50) percent of the initial total value, whichever is greater; and

(c) No funds have ever been drawn by the City of Colorado Springs or any other city or county from an assurance placed on file by the subdivider or any affiliate, nor has any surety that has issued any such assurance been required by the City of Colorado Springs or any other city or county to cause the completion of infrastructure on behalf of the subdivider or any affiliated entity.

(4) When the Manager or City Engineer approves a single assurance applicable to multiple projects:

(a) The blanket assurance shall be the type and form of assurance as defined in this UDC;

(b) The minimum amount of the assurance shall be $2,000,000;

(c) The letter of credit or surety bond shall refer to a separate agreement or list that identifies, on an on-going basis, the projects covered by the blanket assurance and lists the City as the beneficiary eligible to draw on the funds immediately upon demand and without in-person presentation in the event the improvements are not completed as required by the approved plans; and

(d) If the City determines at any time that the subdivider is not meeting the criteria listed above, the City may cancel the blanket assurance with the subdivider and the subdivider shall submit assurances for individual projects or phases pursuant to this UDC.

b. Obligation: Nothing in this Section 7.4.306 shall be deemed to relieve any subdivider or developer of the obligation to complete construction and maintenance obligations for all improvements required by this Part 7.4.3. Forfeiture of assurances under this Section 7.4.306 shall be penal and punitive, and the City shall retain all rights to use forfeited funds in a manner that it deems appropriate.

c. Certification of Compliance: All improvements required by this Part 7.4.3 shall be certified in compliance with the approved construction plans and specifications by a professional engineer licensed in the State of Colorado, prior to any acceptance of that infrastructure by the City and prior to commencement of any warranty period. (Ord. 23-03)

7.4.307: PARK LAND DEDICATIONS:

A. Purpose: It is the policy of the City that whenever land is proposed for residential use, the owner of the land shall provide for land for park needs generated by the proposed residential use through dedication of land, payment of Park Fees in lieu of land dedication, or fulfillment of the dedication requirement by Alternative Park Land Compliance to facilitate adequate provision of park land.

B. Applicability:

1. General: This Section 7.4.307 shall apply to residential development in all Subdivision Plats that have not satisfied both of the following conditions prior to August 28, 1974:

a. The Preliminary or Final Plat must have been approved by the City Council or the Board of County Commissioners of the County of El Paso; and

b. The Preliminary or Final Plat must have satisfied all prerequisites of plat approval imposed by this UDC and all provisions and stipulations imposed by the City Council or all prerequisites of plat approval imposed by the Board of County Commissioners of the County of El Paso.

2. Residential Development: The following residential uses are subject to the requirements of this Section 7.4.307 (see Part 7.3.2 (Allowed Use Tables)):

a. All Household Living Uses;

b. Human Services Establishments;

c. Group Cooperative Living; and

d. Long-Term Care Facility.

3. Replatting or Resubdividing: The City will consider the following factors in any replat of land platted prior to September 6, 1973, for which Park Fees were paid or land was dedicated:

a. If the replat is to correct engineering errors (legal descriptions), it is exempt from this Section 7.4.307.

b. If Park Fees have been paid or land dedicated, or both, the land replatted shall be exempt from the provisions of this Section 7.4.307 unless as a result of such replat residential density is increased. If residential density is increased, the owner shall pay the fees or dedicate land, or both, in those amounts set forth in this Section 7.4.307 as applied only to additional residential units shown on the replat. If residential density is decreased in the replat, the provisions of this Section 7.4.307 shall not apply. No credit for land or fees previously dedicated or paid will be granted if a replat results in a decrease of residential density.

C. Compliance Required:

1. As a condition of Final Plat approval or Building Permit issuance for each residential development, as applicable, in accordance with the requirements of this Section 7.4.307, every subdivider shall dedicate land for parks in accordance with the dedication requirements in Subsection D below at the time of plat, agree to pay a sum of money sufficient to provide for such needs at the time of Building Permit issuance in accordance with Subsection E below, or provide Alternative Park Land Compliance as set forth in Subsection F below.

2. At the time of filing of a Final Plat, the Parks Department shall indicate whether land dedication, Park Fees, or Alternative Park Land Compliance are required. If the City desires land dedication, the Subdivider shall designate the area to be dedicated by the Preliminary and Final Plat.

3. Approval of Accessory Dwelling Units shall pay required fees in lieu of land dedication at the time of Building Permit issuance.

D. Park Land Dedication Requirement:

1. The park land dedication requirement for neighborhood parks is set forth in Table 7.4.3-B and for community parks is set forth in Table 7.4.3-C.

Table 7.4.3-B Neighborhood Park Land Dedication Requirement
Structure Type	Dedication Requirement Per Residential Dwelling Unit
Single family detached residential structure	0.0064 acres or 281 square feet
2-4 units in residential structure	0.0052 acres or 229 square feet
5-19 units in residential structure	0.0047 acres or 204 square feet
20-49 units in residential structure	0.0043 acres or 191 square feet
50 units or more in residential structure	0.0040 acres or 178 square feet

Table 7.4.3-C Community Park Land Dedication Requirement
Structure Type	Dedication Requirement Per Residential Dwelling Unit
Single family detached residential structure	0.0077 acres or 337 square feet
2-4 units in residential structure	0.00623 acres or 274 square feet
5-19 units in residential structure	0.00568 acres or 244 square feet
20-49 units in residential structure	0.00565 acres or 229 square feet
50 units or more in residential structure	0.00478 acres or 213 square feet

2. Any land to be dedicated for park use shall be adaptable for use as a neighborhood park or community park as determined solely within the discretion of the Parks Manager. Factors used to evaluate the adequacy of proposed park areas shall include, but not be limited to, size and shape, topography, geology, flora and fauna, access, location, and conformance with the City's Parks System Master Plan.

3. All required park land dedication shall be accomplished by plat dedication. The subdivider shall be required to convey clear title to the land to be dedicated to the City in accordance with the subdivision requirements of this UDC and the following:

a. The subdivider shall plat any designated park areas and shall indicate the number of acres proposed for residential uses, the number of lots, number and type of proposed dwelling units, and the number of dwelling units within each structure. The plat shall identify land dedicated to the City and reference any easement, covenant, or deed restrictions applicable to private park land. Dedication or conveyance and acceptance of the land shall state that land is to be used for park purposes.

b. Any easement, covenants, or deed restrictions for private park land shall be submitted to the City prior to approval of the Final Plat and shall be recorded contemporaneously with the Final Plat.

E. Park Fees in Lieu of Land Dedication:

1. When the City determines Park Fees are required in lieu of land dedication, the Park Fees due for each lot shall be paid to the City prior to the issuance of any Building Permit for the lot.

2. Park Fees are calculated as set forth in Subsection 7.4.307H (Review Requirements).

F. Alternative Park Land Compliance:

1. General Requirements:

a. The City or the subdivider may propose fulfillment of a requirement to dedicate land by Alternative Park Land Compliance. The Parks Manager shall make the final determination of whether the proposed residential development can be adequately served by Alternative Park Land Compliance. The Parks Manager's decision shall be guided by the Park Land Dedication Ordinance Criteria Manual.

b. Parks Manager approval shall be conditioned on the execution of an Alternative Park Land Compliance Agreement. The Alternative Park Land Compliance Agreement shall be contingent upon all appropriate land use approvals by the City.

c. If the Parks Manager denies the request for Alternative Park Land Compliance, the subdivider shall comply with this Section 7.4.307 in accordance with the requirements of Subsections D or E above. The decision of the Parks Manager of whether to approve Alternative Park Land Compliance is administrative and not subject to appeal.

2. Types of Alternative Park Land Compliance: One (1) or more of the following park types may be used to meet the Alternative Park Land Compliance standards:

a. Neighborhood Park Land Owned by Metropolitan Districts; Special Districts, and Common Interest Community Associations: Non-City-owned land provided and intended to be used and maintained by or for the future residents of the development for park-related purposes may be credited against the requirement of land dedication for neighborhood park purposes up to a maximum of 100 percent of the dedication

requirement depending upon the extent to which the land serves the overall park and recreation needs of the future residents of the development, provided that the following standards are met:

(1) Building and parking setbacks required to be maintained under this UDC are not included in the computation of such land;

(2) Operation and maintenance of the land is adequately provided for by written agreement with the City;

(3) Reasonable rules and regulations are established for the land and the land remains accessible to the general public for park related uses;

(4) The use of the land is permanently designated for park purposes, by recorded document such as an easement, covenant, or by deed restriction which runs with the land and which cannot be defeated or eliminated without the consent of the City Council;

(5) The proposed land is reasonably adaptable for use for neighborhood park purposes, taking into consideration such factors as size, shape, topography, geology, access and location; and

(6) The City approves a land use Development Plan or park Development Plan.

b. Multiuse Trail Corridors: Land dedicated for trails that are a minimum of fifty (50) feet wide may be credited against the requirement of dedication for neighborhood and community park purposes up to a maximum of one hundred (100) percent of the dedication requirement, provided the following standards are met:

(1) The proposed trail dedication is consistent with the multiuse trail system identified within the City's Park System Master Plan, is within the land use master planned area, and is adjacent to, or within, the developed area.

(2) The portion of any trail dedication that satisfies neighborhood park land dedication requirements must be located within the same Geographic Service Area that serves the subdivider's residential development.

c. Open Space: Land dedicated for Open Space may be credited against the requirements of dedication for neighborhood and community park purposes up to a maximum of fifty (50) percent of the dedication requirement, provided the dedicated land is consistent with the Open Space Candidate Areas identified within the City's Park System Master Plan and exhibits significant natural resources and open space values

d. Mini Parks, Plazas, Industrial Parks, and Other Alternative Forms of Park Lands: Where mini parks, plazas, Industrial parks or other alternative forms of park related lands are appropriate to meet park needs, land dedicated and used for mini parks, plazas, Industrial parks or other alternative forms of park related lands may be credited against the requirement of dedication for neighborhood park purposes up to a maximum of one hundred (100) percent of the dedication requirement. If the land is not City-owned, the requirements of Subsection a above apply.

e. Acceptance of Park Facility Construction or Expansion of Existing Park Facilities: If the Parks Manager determines that park facility construction or expansion of an existing park facility is needed to serve the residential development, construction of park facilities may be credited against the requirement of dedication for neighborhood or community park purposes up to a maximum of one hundred (100) percent of the dedication requirement, provided the following standards are met:

(1) The Subdivider and the City enter into a written agreement that identifies the specific terms and conditions for construction and expansion;

(2) The new park facility construction and expansion is not otherwise required by this UDC or other building;

(3) A Development Plan or Park Master Plan is approved by the City;

(4) The proposed park facility construction or expansion to be substituted for Neighborhood park dedication requirements is located within the same Geographic Service Area serving the subdivider's residential development; and

(5) The proposed park facility construction or expansion is in conformance with and supports the City's Park System Master Plan.

G. Expenditure of Park Fees: Park Fees collected in accordance with this Section 7.4.307 shall be spent as follows:

1. Neighborhood Park Fees: Neighborhood Parks are intended to serve neighborhoods within a Geographic Service Area. Park Fees collected by the City for Neighborhood park dedication shall be applied within the same Geographic Service Area or an adjacent Geographic Service Area to the development in order to benefit the neighborhood for which the Park Fees were paid.

2. Community Park Fees: Community parks are intended to serve as destination parks for all City residents. Park Fees collected by the City for Community park dedication may be applied anywhere within the City to acquire, develop, or redevelop Community parks.

H. Review of Requirements:

1. The Parks Board and the Planning Commission shall review the park land dedication requirements and household dwelling data and this part and pertinent dwelling density data once every four (4) years and make a recommendation regarding any needed amendments to City Council.

2. City Council shall establish Park Fees, by resolution, once every four (4) years. In addition to applicable Platting Fees, Park Fees shall include a benchmark average value for one acre of unplatted, undeveloped land Citywide. Beginning in the year 2021 and every subsequent four (4) years, the Parks Department shall request that the City's Real Estate Services Manager contract with a certified land appraiser doing business in the City, to conduct a study of the land value for one acre of unplatted, undeveloped land Citywide and in each of the Geographic Service Areas. The Parks Manager shall present the study to the Parks Board and to the Planning Commission. The Parks Board and Planning Commission shall each then make a recommendation for Park Fees to City Council. Park Fees shall be administratively updated to include any Platting Fees that are amended from time to time.

3. By resolution, City Council shall adopt or amend the Geographic Service Areas boundaries as necessary. City Council shall provide for at least eight Geographic Service Areas within the City, which shall be designated in a manner to ensure that park services are located in reasonable proximity to residential development.

I. Park Land Dedication Ordinance Criteria Manual: The City Council shall review and adopt by resolution a Park Land Dedication Ordinance Criteria Manual, which may be amended from time to time, and which provides the Parks, Recreation and Cultural Services Department policies and standard procedures regarding the administration of this Section 7.4.307. (Ord. 23-03)

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