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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)
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:
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)
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.
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 |
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)
A. Purpose: It is the policy of the City that whenever land is proposed for residential use, the owner of the land shall provide land for school needs generated by the proposed residential use through the dedication of land or payment of fees in lieu of land dedication, or both.
B. Applicability:
1. General: This Section 7.4.308 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. Replatting or Resubdividing: The following considerations will be taken in account in any replat of land platted prior to September 6, 1973, for which School Site Fees were paid or land was dedicated:
a. If the replat is to correct engineering errors (legal descriptions), it is exempt from this Section 7.4.308.
b. If School Site Fees have been paid or land dedicated, or both, the land replatted shall be exempt from the provisions of this Section 7.4.308 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 7.4.308 as applied only to additional residential units shown on the replat. If residential density is decreased in the replat, the provisions of this Section 7.4.308 shall not apply.
C. School Land Demand: The City has determined that the following information is a reasonable and valid basis for determining the City's school land dedication requirement.
1. The minimum acreage requirements for schools, assuming ideal site topography, are set forth in Table 7.4.3-D.
2. The survey area for the school population study of June 1973, set forth in Table 7.4.3-E is typical of the developing areas in the City.
Students Per Dwelling Unit | |
Population | Students per Dwelling Unit |
Elementary | |
5,499 single-family and duplex at 4,032 students | 0.7332 |
2,651 multi-family at 469 students | 0.1769 |
Junior High School | |
5,499 single-family and duplex at 1,691 students | 0.3075 |
2,651 multi-family at 135 students | 0.0509 |
Senior High School | |
5,499 single-family and duplex at 1,139 students | 0.2071 |
2,651 multi-family at 193 students | 0.0728 |
3. The demand for land for school sites for new development is set forth in Table 7.4.3-F.
Required Acres per Dwelling Unit | |||||
Land Use/School Type | |||||
Low Density | Students per Dwelling Unit | Acres per Student | Required acres per Dwelling Unit | ||
Elementary | 0.7332 | x | 0.0127 | = | 0.0093 |
Junior High School | 0.3075 | x | 0.02 | = | 0.0061 |
Senior High School | 0.2071 | x | 0.0225 | = | 0.0046 |
Total Low Density | 0.0200 | ||||
High Density | = | ||||
Elementary | 0.1769 | x | 0.0127 | = | 0.0022 |
Junior High School | 0.0509 | x | 0.02 | = | 0.0010 |
Senior High School | 0.07 | x | 0.0225 | = | 0.0016 |
Total High Density | 0.0048 | ||||
D. Dedication or Fee-in-Lieu Required:
1. School Site Requirement:
a. Based on the data presented in Subsection C above, the school site land dedication requirement is 0.0048 acres (two hundred and nine (209) square feet) per dwelling unit for residential development with a density greater than eight dwelling units per acre, and 0.02 acres (eight hundred and seventy-one (871) square feet) per dwelling unit for residential development with a density of eight (8) dwelling units per acre or less. Land to be dedicated for a school site shall meet the following criteria:
(1) Provides adequate access;
(2) Include a proper general configuration; and
(3) Contain suitable physical characteristics, such as drainage, vegetation, and soil type.
b. The fee in lieu of land dedication is $76,602 per acre.
2. Procedure for Determining Land Dedication or Payment of Fee-in-Lieu:
a. At the time of filing a Final Plat, if the Colorado Springs Comprehensive Plan or an approved Land Use Plan or Development Plan for the for the area including the plat area indicates a site for a future school, the Subdivider shall contact the school district to determine the desire of both agencies regarding the area.
b. At the time of filing a Preliminary or Final Plat, the appropriate school district shall indicate whether land dedication or fees in lieu of land are required for school purposes. The appropriate school district shall submit their recommendations to the Planning Department within ten (10) days of notification that a plat has been filed.
3. Procedure for Dedication of Land: Dedication when required shall be accomplished by transfer of deed or dedication by plat. This must be done prior to approval of the Preliminary/Final or Final Plat. The subdivider shall be required to convey clear title to the land to be deeded or dedicated to the school district. Where the subdivider cannot convey clear title at the time of Final Plat approval, the City Council may, in its discretion, accept a contract to convey the land at a later time certain accompanied by an acceptable assurance guaranteeing payment of a sum equal to the value of the land. Where the site is under the control of a third party, a similar three-party arrangement may be made.
4. Procedure for Payment of Fee-in-Lieu: Where fees are required, such fees shall be paid at the time of platting. School Site Fees shall be made payable to the appropriate school district.
E. Additional Information Required on All Plats: The Final Plat shall record the manner of compliance with the provisions of this Section 7.4.308. As appropriate, the plat shall record acreage dedicated. Dedication or conveyance and acceptance of the land shall state that land is to be used for school purposes.
F. Cost of Development of School Site: If land is dedicated to a school district in accordance with this Section 7.4.308, the school district shall be required to pay its share of costs incurred in the development of the school including but not limited to adjacent roads, drainage, sidewalks, and utility extensions. The payment of these costs shall be deferred until funds are appropriated and may be deferred pursuant to a recovery agreement between the landowner and the school district so that the costs need not be paid by the school district until improvements to the land are completed and the land is put to public use. If payment of costs is deferred pursuant to a recovery agreement, ten percent of the costs shall be added to the costs for each year up to fifteen (15) years.
G. Disposal of Surplus School Land: If any school district which has received school site land as a result of the provisions of this Section 7.4.308 determines that the land will not be used for school purposes, the following disposal procedure shall be followed:
1. That portion of the school site adjacent to the park site that was to be used as a joint site for recreational activities by both the City and school district or that portion of the school site that can be used for recreational activities or any portion thereof that can be used for recreational activities, as determined by the Parks, Recreation and Cultural Services Manager, shall be offered to the City for park or open space purposes. If the City accepts such offer, the City shall reimburse the school district and/or the landowner in an amount equal to the amount of land times the current School Site Fee in effect at the time of the school site disposal plus any actual costs incurred by the school district in the development of the portion of the school site acquired including but not limited to adjacent roads, drainage, or sidewalks. Ten percent of the actual costs shall be added to the actual costs for each year up to fifteen (15) years.
2. If the Parks, Recreation and Cultural Services Manager determines that the City does not desire the recreational portion of the school site or only desires a portion of the recreational portion of the school site, then the school district shall offer all of the remaining surplus school site to the person who dedicated such real property for school purposes. If the person who dedicated the property desires to acquire the land from the school district, that person shall trade, if possible, for other land the school district desires or that person shall pay the current School Site Fee in effect at the time of the school site abandonment plus any actual costs incurred by the school district in the development of the site including but not limited to adjacent roads, drainage, or sidewalks. Ten (10) percent of the actual costs shall be added to the actual costs for each year up to fifteen (15) years.
3. If there is any school site land left over after the City and original dedicating person have made their decisions regarding acquisition of such site, the school district may offer the land for sale subject to applicable State statutes, rules, and regulations.
4. Anyone other than the City that acquires surplus school site property shall be required to meet all the terms and conditions of this UDC before developing such land. (Ord. 23-03)
A. Purpose: Subdividers of land shall provide land for off-street bicycle paths in the recommended network of the Bicycle Master Plan and Parks Master Plan. It is the purpose of this Section 7.4.309 to require the dedication of land to fulfill the needs set forth in the Bicycle Master Plan and Parks Master Plan, as adopted by City Council.
B. Access and Connectivity: All required street improvements shall comply with the access and connectivity standards in Part 7.4.4.
C. Dedication of Land for Off-Street Bicycle Paths:
1. Bicycle Paths Located Adjacent to Arterial Streets: Where an off-street bicycle path is to be located adjacent to a major street, as shown by the Bicycle Master Plan and Parks Master Plan, the subdivider shall be required to dedicate an amount of right-of-way or provide a public access easement sufficient to accommodate the appropriate bicycle facility as directed by Traffic Engineering per the guidance of the Engineering Criteria, and the standards set in the Bicycle Master Plan.
2. Bicycle Paths Not Located Adjacent to Arterial Streets: Where an off-street bicycle path is to be placed in a location that is not adjacent to a major non-arterial street, as shown by the Bicycle Master Plan, the subdivider shall be required to dedicate an amount of right-of-way and/or provide a public access easement such that a strip of land at least fourteen (14) feet in width is available for the placement of a bicycle path. The required strip of land may include a combination of available public utility or public drainage right-of-way or easement, additional dedicated right-of-way, public access easement, or a combination of the those means. The Colorado Springs Utilities Chief Executive Officer, Stormwater Enterprise Manager, and City Engineer shall determine the amount of public utility or public drainage right-of-way or easement available for this purpose. In no instance shall bicycle path improvements conflict with utility or stormwater facilities. (Ord. 23-03)
This Part 7.4.4 is intended to implement the policy of the City that:
A. Streets shall be planned, located, constructed, named, and numerically addressed to promote the health, welfare, and safety of the public. Streets in the City shall provide for ease of vehicle, bicycle, pedestrian, emergency response, and public transit circulation and the lessening of traffic congestion. Streets shall be designated and constructed to provide for safe and convenient resolution of potential conflicts between alternative modes of transportation.
B. Major streets shall provide for the rapid and relatively unimpeded movement of vehicular traffic throughout the City, while still accommodating safe and convenient movement of pedestrians on the City's arterial streets, and major streets shall be located so as to provide access to major land use or activity centers in the City.
C. Minor streets shall provide safe and convenient vehicle, bicycle, and pedestrian access to all property in the City. (Ord. 23-03)
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