§ 8.5. DEDICATION AND FEE STANDARDS AND REQUIREMENTS
8.5.1. General
(A)
Applicant or Owner Responsible. The applicant or owner is responsible for paying required fees and making the required land dedications at the time of filing the final plat for recording with the Clerk and Recorder in accordance with the following standards. Land dedication may include both public and private land dedications.
(B)
Common Homeowner Land.
(1)
Homeowners Association Required. For a division of land that includes easements or tracts to be used for common facilities including common open space or areas, private roads, detention facilities, water facilities, water augmentation obligations, landscaping or other features requiring maintenance, the owner shall establish a HOA or other entity approved by the OCA to be responsible for the maintenance. For subdivisions with 3 lots or less, maintenance responsibility may be placed on the individual lot owners in the covenants without having to create an HOA or other entity. Prior to recording the final plat for any subdivision with maintenance requirements, the applicant shall provide to PCD and the OCA for review and approval the appropriate legal documents (e.g., covenants, articles of incorporation, bylaws, maintenance agreements, etc.) necessary to create the HOA or other entity and to place maintenance responsibility on said HOA, other entity, or the individual lot owners.
(2)
Conveyance of Common Homeowner Land. Easements, lots or tracts to be owned and maintained by the HOA shall be dedicated by both a statement on the final plat and warranty deed. A plat note concerning the responsibility for ownership and maintenance of the easements or tracts shall be included on the face of the final plat.
(C)
Public Land Dedications and Payment of Fees in Lieu.
(1)
Dedication of Public Lands.
(a)
Dedication by Warranty Deed at Time of Filing of Plat. Dedications of land both on site and off site to be used for public uses and owned by the County, a public agency, special district or other corporate entity that are required by this Code, including lots, tracts, or parcels for open space, parks, schools or drainage facilities or where reversionary interests will exist shall be dedicated by warranty deed in favor of El Paso County or other corporate entity approved by the BoCC to receive the land dedication at the time the plat is filed for recording with the Clerk and Recorder. Prior to recording the final plat, the applicant shall provide said warranty deed to PCD and the OCA for review and approval. The legal description contained in the warranty deed shall be prepared by a licensed surveyor.
(b)
Dedicated Land Free of Encumbrances. The title associated with the dedicated land shall be free and clear of any and all liens and encumbrances, including real property taxes prorated to the time of conveyance as evidenced by a current title insurance policy in the County's name, a certified survey, and a treasurer's certificate proving that current taxes, prorated to the date of deed transfer, have been paid at the time of conveyance.
(c)
Indemnification to be Provided for County. If fee title interest in a lot, tract or parcel for open space, parks, schools or drainage facilities is to be dedicated to the County by warranty deed or where reversionary interests will exist, the property owner shall indemnify the County from any and all damages, claims, losses, injuries and expenses including attorney's fees related to or arising out of the presence of solid waste, hazardous materials, or petroleum products whether known or unknown, including, without limitation, any cleanup costs for said materials. The indemnification shall be in a form and manner acceptable to the OCA.
(2)
Payment of Fees in Lieu.
(a)
Payment Due at Time of Filing. Fees in lieu of required land dedications, where approved by the BoCC, shall be paid at the time the plat is filed for recording with the Clerk and Recorder.
(b)
Deferral of Fees for Condominium or Townhome Lots. When a lot is platted which will require the filing of condominium plats, townhome plats or administrative plats prior to development of the lot, collection of park and school fees in lieu of required land dedications may be deferred to the time of recording of said administrative plats. Any deferral of the payment of fees in lieu of land dedication shall be expressly authorized by the BoCC.
(3)
Dedication of Easements.
(a)
Plat to Show Easements. The plat shall show existing and proposed easements. Existing easements shall bear notation of dedication or conveyance by recordation information.
(b)
Owner Required to Dedicate Easements. The owner shall dedicate or deed easements required by this Code, or the ECM, or to serve the division of land with utilities and other required services, or those easements that may be requested by public agencies including, but not limited to:
• Avigation easements;
• Trail easements;
• Open space and scenic easements;
• Utility easements;
• Wetlands or wetlands mitigation easements;
• Conservation easements;
• Easements relative to protected species; and
• Noise Easements.
(c)
Shown in Standard Form. Easements shall be clearly labeled, identified, dimensioned and tied to reference points within the division of land and be shown by fine dashed lines. The beneficiary of and maintenance responsibility for easements shall be designated and the disposition thereof indicated in the plat note section of the plat.
(d)
Temporary Easements. Temporary easements, if reflected on the plat, shall include the trigger event and action necessary to relinquish them.
(4)
Land Dedication and Fees Not Personal Obligation. Land dedications or fees in lieu of land dedications required by this Code are not personal, but are specific to the property being divided, and are not transferable to other divisions of land unless alternative arrangements are expressly authorized by the BoCC.
(5)
Disposition of Dedicated Lands and Refund of Fees.
(a)
Disposition of Land.
(i)
Future Disposition of Dedicated School or Park Lands. If a dedicated park or school land is no longer needed by the County, the BoCC may sell the land, may trade the land for other park or school land, or dispose of the land in a manner allowed by statute. The owner shall have a right of first refusal to purchase all or a portion of any land dedicated by the owner to the County, school district, or other public entity before the land is sold, transferred, or conveyed to any party other than a school district. Statutory notice provisions to the owner shall be followed. Any such right of first refusal shall expire twenty (20) years from the date the land was dedicated by the owner to the County, school district, or other public entity.
(ii)
Disposition of Other Dedicated Lands. The disposition of all other lands dedicated during the development review and permit process shall be governed by State Statute.
(b)
Refund of Fees.
(i)
No Refunds of Fees Paid if Lower Densities Achieved. The failure to achieve the density stated in the development application or assumed based on the density allowed by the applicable zoning district shall not be grounds for a refund of any fees paid in lieu of land dedication, but may be used as a basis for establishing either fee or land credit within the same development.
(ii)
Refund of Traffic or Transportation Fees Not Spent, Credits for Payment or Overpayment, Transfer of Credits. The refund, transfer and credit of traffic and transportation impact fees are governed by the provisions of this Code concerning Off-Site Road Studies and Plans and Impact Assessments.
8.5.2. Park and Open Space Standards and Dedications
(A)
General.
(1)
Purpose. The purpose of this Section is to provide the definition and structure, outline the requirements, and assigns the responsibility for providing, developing, operating and maintaining specific categories of public park lands within the unincorporated areas of El Paso County.
(2)
Dedication of Land for Parks. It is hereby found and determined:
• That a part of the public need for both regional and urban parks, trails and open space generated by the influx of new subdivisions should be provided by a mandatory dedication of land, fees in lieu of land or a combination of land and fees as a condition of preliminary plan or final plat approval.
• That it is reasonable to require the dedication of land, payment of fees in lieu of land or a combination of land and fees to provide the following facilities: regional parks, open space, regional trails or urban parks (reserved land).
• That urban park lands acquired by the County as a result of land dedication under the provisions of this Section may be classified as "reserved lands" and held in reserve by the County in an essentially undeveloped state for another unit of government provided that the perpetual use of the park land shall be for park purposes and shall provide reasonable recreation opportunities for residents of the neighborhood or community planning unit from which the lands were originally dedicated to the County.
• That the decision on whether the dedications will consist of land, fees in lieu of land or a combination of land and fees will rest with the BoCC in consideration of recommendations of the Parks Advisory Board.
(3)
Exemptions from Dedication or Fee Requirements. A division of land that is exempted from the definition of subdivision by the BoCC in accordance with the provisions of C.R.S. § 30-28-101(10) shall be exempt from the park land dedication and fee in lieu of dedication requirements of this Code.
(4)
Establishment of Agency to Acquire and Transfer Land.
(a)
Responsible Agency. The El Paso County Community Services Department (EPCCSD) shall be a Regional Park Agency and shall be charged with the responsibility of providing, developing, operating and maintaining regional parks, trails and open space within El Paso County.
(b)
Authority to Acquire and Transfer Park Land in Association. Within the unincorporated areas of the County, wherever urban density development occurs, the EPCCSD may, through the subdivision review process, function as a land acquisition agency for the purpose of acquiring and preserving urban category park lands for transfer to another unit of government.
(5)
Banking Reserved Land.
(a)
Designation as Reserved Land and Land Bank. Land acquired in accordance with urban density subdivision requirements for urban park purposes shall become designated as "reserved land" and placed into a land bank category for future transfer to another governmental or quasi-governmental entity for urban park purposes.
(b)
Agreement of Recipient Entity to Take Reserved Land. Governmental or quasi-governmental agencies, such as metropolitan districts, special districts, school districts, and homeowners associations providing a bonding or financing mechanism for maintenance and insurance, shall provide written intent to accept the reserved land prior to final plat approval by the BoCC. Property in the reserved land category shall become the development, operation and maintenance responsibility of the recipient governmental or quasi-governmental entity.
(B)
Considerations in Locating Park Land. Land to be dedicated as park land shall generally conform to the following criteria. Generally, park land should be located in consideration of:
• Conservation and maintenance of the natural environment of the region;
• Combating air quality problems, enhancing the environment, and preserving community integrity in the most practical, attractive manner possible;
• The size, shape, topography, geology, presence and condition of ground cover and timber, condition of soil, drainage, location, access and availability of water to lands proposed for park, trail, and open space uses;
• An assessment of the suitability of proposed land dedications for both regional and urban park, trail, and open space needs;
• A determination of the population densities which will result from the proposed subdivision and their relation to both regional and urban park, trail, and open space needs;
• Compliance with regional plans, particularly the EPCCSD policies and development statement for regional parks, trails and open space per the current Master Plan;
• The protection of natural and historical features, scenic vistas, watersheds, timber and wildlife;
• The need to provide regional park land, trails, open space and facilities which will serve the entire region and will support outdoor recreation programs including, but not limited to, interpretation of the natural and historic qualities of the region;
• The continuity of open space links, trails and other major components of the regional open space system;
• A determination of the location of parks, trails open space and recreational facilities within specific subdivisions and the broad scope of the County regional park, open space and regional trail system; and
• The provision of urban park lands as "reserved lands" which, with future development, will reasonably serve the needs of the intended neighborhood or community planning unit.
(C)
Standards for Dedicated Land.
(1)
Dedicated Land Reasonably Adaptable for Park Use. The dedicated park land shall be reasonably adaptable for use as regional park, open space, regional trail or urban park. Factors to be used in evaluating the adequacy of proposed park areas shall include, but not be limited to, size, shape, topography, geology, flora, fauna, access, and location.
(2)
Associated Water Rights to be Dedicated. Unless otherwise negotiated between the County and owner, the dedicated park land shall include the real property together with tributary and non-tributary water rights owned by the applicant as a consequence of ownership of the dedicated property, water rights underlying the property, well rights, ditches and ditch rights appurtenant to the property, mineral rights and improvements thereon.
(3)
Conveniently Located and Free of Hazards. The dedicated park land shall be conveniently located and have public access. The land shall be free of hazards that would threaten the safety of those using the land.
(4)
Served by Roads, Utilities and Required Infrastructure. The dedicated park land shall be served by the required roads, traffic signalization, utilities, and other public infrastructure necessary to support the use of the dedicated land for parks. A SIA and appropriate collateral shall be required in lieu of providing the required facilities prior to recording the final plat.
(D)
Dedication Requirements. Land, fees in lieu of land, or a combination of land and fees for public parks and open space may be required when a proposed subdivision will generate a need for parks or open space. The presumed need shall be determined in accordance with the following standards. The need shall be based on the subdivision density category of the proposed subdivision. The subdivision density category is based on a per acre dwelling unit density, or the average lot size of a residential use classification within a proposed subdivision or portions of a proposed subdivision.
(1)
Park Land Dedication Requirements. Dedication of land for regional parks, open space, regional trails, or urban parks (reserved land) purposes shall be based on the following subdivision density categories:
(a)
Rural Density Subdivisions.
(i)
Commercial/Industrial Use. In rural density subdivisions, the minimum land dedicated for regional park purposes shall be .05 acre of land for each gross acre of commercial/industrial use contained within the proposed subdivision. For land dedication requirements, refer to the current Schedule of Park Fees in Lieu of Land as adopted by the BoCC.
(ii)
Residential Use. In rural density subdivisions, the minimum land dedicated for regional park purposes shall be .0194 acre of land for each dwelling unit contained within the proposed subdivision.
(b)
Urban Density Subdivisions.
(i)
Regional Park Requirements.
• Commercial/Industrial Use: In urban density subdivisions, the minimum dedication for regional park purposes shall be .05 acre of land for each gross acre of commercial/industrial use contained within the proposed subdivision. For land dedication requirements, refer to the current Schedule of Park Fees in Lieu of Land as adopted by the BoCC.
• Residential Use: In urban density subdivisions, the minimum dedication for regional park purposes shall be .0194 acre of land for each dwelling unit contained within the proposed subdivision.
(ii)
Urban Park Requirements.
• Commercial/Industrial Use: For land dedication requirements, refer to the current Schedule of Park Fees in Lieu of Land as adopted by the BoCC.
• Residential Use: The combined urban park standard for park land dedication shall be 4 acres of park land per 1,000 projected residents. The number of projected residents shall be based on 2.5 residents per dwelling unit. The combined urban park standard shall provide for both the neighborhood and community park needs in accordance with the following standards: (a) the neighborhood park standard is 1.5 acres of park land per 1,000 projected residents or 0.00375 acres of park land for each dwelling unit contained within an urban density subdivision; and (b) the community park standard is 2.5 acres of park land per 1,000 projected population of the combined urban park dedication standard or 0.00625 acres of park land for each dwelling unit contained within an urban density subdivision.
• Neighborhood Park Size and Location: The minimum size of a neighborhood park to be dedicated shall be 3 acres. Neighborhood parks should be located adjacent to elementary schools and within a ½ mile radius of the residential units that they are intended to serve.
• Community Park Size and Location: The minimum size of a community park to be dedicated shall be 24 acres. Community parks should be located adjacent to junior high or senior high schools and within a one mile radius of the residential communities that they are intended to serve.
(iii)
Consideration of Reductions in Land Dedication. Dedication of less than the required urban park dedications may be considered in association with a specific plat if agreements provide for the dedication of park land on adjacent properties such that the composite park land area will result in: (1) a park area meeting the minimum area of the specific type of urban park required; and (2) the overall minimum park land dedication requirements being met on dedication of the park land on the adjacent properties.
(2)
Trail Dedication Requirements. If the proposed subdivision is in an area where the Master Plan identifies a regional trail, a 25 foot trail easement shall be provided.
(3)
Fees in Lieu of Park Land Dedication.
(a)
Requirement for Fee in Lieu of Land. When dedication of required regional park, open space, regional trail or urban park lands is not deemed feasible or not in the public interest, the BoCC shall require the applicant to pay to El Paso County a fee in lieu of land.
(b)
Fees Established Annually by Subdivision Density Category. Fees in lieu of land shall be established each year by resolution of the BoCC. Fees in lieu of land for regional park, open space, regional trail, or urban park purposes shall be based on the same subdivision category standards used to establish land dedication requirements.
(c)
Fees Credited to Park Fee Fund. Fees paid to the County in lieu of land dedication shall be credited to the proper park fee fund and utilized for the defined purpose of that fund.
(4)
Combination of Land and Fees in Lieu of Land. When either dedication of required regional park, open space, regional trail or urban park lands alone or payment of required fees in lieu of land alone is not deemed feasible or in the public interest, or not sufficient to mitigate impacts the BoCC shall require the owner to dedicate and to pay to El Paso County a combination of land and fees in lieu of land. The combination of land dedication and payment of fees in lieu of land shall not exceed the fair market value of the land area required.
(5)
Adjustments to Park Land Dedication Requirements.
(a)
Existing Dwelling Units Excluded. Existing dwelling units shall be excluded from the calculation of the park land dedication requirement if they have previously been included in the calculation for park land dedication unless the lot on which the existing dwelling will be located allows for greater residential density, in which case the dedication requirements shall be calculated based on the maximum potential residential density.
(b)
Calculating Dedication for Replats or Resubdivisions.
(i)
Land Platted Before July 17,1972. Land subdivided or platted prior to July 17, 1972 which is replatted or resubdivided shall be subject to the land dedication and fee in lieu of dedication requirements of this Code.
(ii)
Land Where Park Land Dedicated Previously Made. Land replatted or resubdivided shall be exempt from the land dedication and fee in lieu of dedication requirements of this Code if fees in lieu of land have been paid or park land has been dedicated when the land was previously subdivided, unless as a result of the replat or resubdivision residential acreage or density or commercial/industrial acreage is increased.
(iii)
Residential Acreage or Density Increased. Where the replat or resubdivision increases the residential acreage or density, the replatted or resubdivided land shall be subject to the fee in lieu of land dedication and park land dedication requirements of this Code as applied only to the additional number of residential units or the additional number of residential units that are a result of increased acreage.
(iv)
Residential Acreage or Density Altered to Reach Urban Density. Where the replat or resubdivision either increases the average dwelling unit density per acre or decreases the average lot size, such that the resulting subdivision meets the definition of urban density subdivision, the entire park and open space requirement will be recalculated and amended based on fee in lieu of land dedication and park land dedication requirements of this Code. Previously paid fees in lieu of land or park land dedication will be credited to the appropriate amended requirements.
(v)
Commercial/Industrial Acreage or Density Increased. Where the replat or resubdivision increases the commercial/industrial acreage, the replatted or resubdivided land shall be subject to the fee in lieu of land dedication and park land dedication requirements of this Code as applied only to the additional commercial/industrial acreage. Where the replat or resubdivision increases commercial/ industrial density, the entire park and open space requirement will be recalculated and amended based on fee in lieu of land dedication and park land dedication requirements of this Code. Previously paid fees in lieu of land or park land dedication will be credited to the appropriate amended requirements.
(6)
Credit for Required Park Land Dedication. Credit for park land dedication may be approved by the Parks Advisory Board on a case-by-case basis.
(7)
Regional Park Requirements. Credit for park land dedication may be approved if a unique opportunity to expand the regional park system in the respective region and the value meets or exceeds the required land dedication or fees in lieu of land.
(8)
Credit for Joint Use for School and Park Sites. Credit for park land dedication for joint use of park and school sites may be approved.
(E)
Park Land Dedications to Other Entities.
(1)
Dedication to Governmental or Quasi-Governmental Entity. If the subdivision is located within the service area of a governmental or quasi-governmental entity that is willing and capable of acquiring, developing, operating and maintaining the required urban park property, the Parks Advisory Board may recommend that the required urban park land dedication be deeded directly to the entity.
(2)
Dedication to Future Quasi-Governmental Entity. If the subdivision is located within the service area of a future quasi-governmental entity that would be organized and formed by the applicant, either prior to or concurrently with the approval of the plat, and that the entity would be capable of acquiring, developing, operating and maintaining the required urban park property, the Parks Advisory Board may recommend that the required urban park land dedication be deeded directly to the approved entity after formation.
8.5.3. School Land Standards and Dedications
(A)
General.
(1)
Purpose. The purpose of this Section is to ensure that adequate land areas and funds for the acquisition of school sites and other capital outlay are made available through the subdivision process to meet the needs of future County residents. It is reasonable that those who accommodate population increases through the subdivision of land should provide for the additional need for school sites that the subdivision creates.
(2)
Exemptions from Dedication or Fee Requirements. A division of land that is exempted from the definition of subdivision by the BoCC in accordance with the provisions of C.R.S. § 30-28-101(10) shall be exempt from the school land dedication and fee in lieu of dedication requirements of this Code.
(3)
Division of Responsibility.
(a)
School District Responsibilities. The appropriate school district shall, pursuant to statute and after review of the subdivision, make recommendations to the Planning Commission and the BoCC concerning the adequacy of provisions for school needs to serve the subdivision. When a subdivision results in lots which are split among more than one school district, the school district which will include the largest land area of affected lots or the greatest number of dwelling units is considered the appropriate school district.
(b)
BoCC Responsibilities. The BoCC shall make the final determination of the method by which the dedication requirement shall be satisfied.
(B)
Criteria for Determining Appropriateness of Dedication. When reviewing a subdivision, the appropriate school district shall consider the following criteria prior to making recommendation to the Planning Commission and the BoCC concerning the dedication:
• The assurance that areas set aside for schools within the subdivision have been examined for compliance with regional plans, particularly the Master Plan;
• The determination of the population densities which will result from the proposed subdivision and their relations to school needs;
• The assessment of the suitability of proposed land dedications for school uses;
• The examination of the size, shape, topography, geology, presence, and condition of ground cover and timber, condition of soil, drainage, location, access and availability of water to lands proposed for school uses;
• The assurance of the protection of natural and historical features, scenic vistas, watersheds, timber and wildlife; and
• The demonstration of a present or future need for a school site.
(C)
Standards for Dedicated Land.
(1)
Land Centrally Located and Public Access. The dedicated school land shall be centrally located and have public access and public road frontage.
(2)
Dedication Reasonably Provides for Future Residents. The dedication of land shall be reasonably necessary to serve the proposed subdivision's future residents.
(3)
Land Free of Hazards. The dedicated school land shall be free of hazards that would threaten the safety of those using the land, or be capable of having the hazards eliminated through subdivision improvements.
(4)
Land Served by Required Roads, Utilities and Infrastructure. The dedicated school land shall be served by the required roads, traffic signalization, utilities, and other public infrastructure necessary to support the use of the dedicated land for schools prior to platting. A SIA and appropriate collateral shall be required in lieu of providing the required facilities prior to filing the plat for recording with the Clerk and Recorder.
(5)
Land to Accommodate Intended Use. The dedicated school land shall be a single parcel, meet minimum area requirements, and be sufficiently configured to be usable for the intended use.
(6)
School Site Area Standards. The minimum acreage for the dedication of school sites shall be based on the site area guidelines in Table 8-1.
Table 8-1. School Site Area Guidelines
Type of Facility Minimum Site Area Required Elementary schools 10 acres Junior high schools 20 acres Senior high schools 45 acres (D)
Standards for Dedication. Dedication of land, fees in lieu of dedication, or a combination of land dedication and fees shall be required to meet school needs. The following standards will be employed by the appropriate school district in making recommendations concerning dedication of land or fees in lieu of dedication or a combination thereof and by the BoCC in their decision.
(1)
General.
(a)
Requirements Independent of Other Contributions. Applicability of this Section is independent of voluntary contributions or impact fees which may be negotiated between the appropriate school district and the applicant.
(b)
Credit for Joint Use for School and Park Sites. Joint use or credit for park and school sites may be considered on a case by case basis
(c)
Land Dedication and Fees Not Personal Obligation. School land dedication or fees in lieu of land dedication are not personal, but are specific to the property being subdivided, and are not transferable to other subdivisions unless alternative arrangements are expressly authorized by the BoCC.
(d)
Resulting Dedication Inadequate for School Site. Where the subdivision does not generate the required land dedication area for a school site or there is not an acceptable location for a school site within the subdivision, the owner may enter into an agreement for the acquisition of a school site located outside the subdivision so long as the site will reasonably serve the subdivision. The owner shall receive credits against the dedication requirement if approved by the BoCC. The agreement shall be executed by the owner, the owner of the subject property, the guarantor, and the BoCC. The owner shall provide proof of ownership. The agreement shall include a legal description of the property to be dedicated and shall be recorded with the Clerk and Recorder. The agreement shall be binding on the owner's and the owner's heirs, legal representatives, successors in interest, and assigns.
(e)
Type of Dedication at Option of School District. When dedication of all or portions of required school lands is not deemed feasible or in the public interest, the appropriate school district may recommend to the BoCC one of the other options authorized by State Statute and this Code.
(2)
Dedication Requirements. Dedication of land for school purposes shall be based on the dedication standards in Table 8-2. If in the opinion of the BoCC following the recommendation by the appropriate school district, adequate land for school purposes is not provided by the applicant to meet the demand by the development under consideration, the application may be denied.
Table 8-2. Land Area Dedication Requirements per Dwelling Unit
School District Area to be Dedicated per Single Family Detached Unit Area to be Dedicated for Each Other Residential Unit Lewis Palmer District 38 697 sq. ft. 384 sq. ft. Academy District 20 697 sq. ft. 384 sq. ft. Falcon District 49 675 sq. ft. 371 sq. ft. Widefield District 3 653 sq. ft. 359 sq. ft. Other Districts 653 sq. ft. 359 sq. ft. Single Family Detached Unit: A residential dwelling unit completely separate of other units and situated on its own lot. A mobile home subdivision or manufactured home shall be included within this definition for dedication requirement calculation, as well as patio home or townhome where not attached.
Other Residential Units: All other types of residential units not included as single family detached units, including but not limited to attached single family homes, townhomes, condominiums, apartments, and mobile home parks.
(3)
Adjustment to School Land Dedication Requirements.
(a)
Existing Dwelling Units. Existing dwelling units shall be excluded from the calculation of the school land dedication requirement if they have previously been included in the calculation for school land dedication unless the lot on which the existing dwelling will be located allows for greater residential density in which case the dedication requirements shall be calculated based on the maximum potential residential density.
(b)
Number of Dwellings Undefined. When a division of land results in the creation of a new parent parcel where the number of dwelling units is undefined, the maximum density allowed by the zoning district will be used in the calculation of land dedication or fees in lieu of land requirements.
(4)
Fees in Lieu of Land Dedication. When, after recommendation of the appropriate school district, dedication of all or portions of required school lands is not deemed feasible or in the public interest, the BoCC shall require the payment of fees in lieu of land dedication. The fees in lieu of land dedication shall be established and reviewed each year by the BoCC.
(E)
Guarantee of Future School Land Dedication. Guarantee of future land dedication may be requested by the appropriate school district when dedication of all or portions of required school lands is not deemed feasible or in the public interest in a particular phase of the subdivision. Prior to or in conjunction with final plat approval, the owner and the BoCC shall enter into an SIA or development agreement in which the applicant guarantees the future dedication of land for school sites. The agreement shall be executed by the owner of the site, the guarantor, and the BoCC. The owner shall provide proof of ownership. The agreement shall include a legal description of the property to be dedicated in a subsequent phase of the subdivision and shall be recorded with the Clerk and Recorder. The agreement shall also be binding on the owner and the owner's heirs, legal representatives, successors in interest, and assigns.
(F)
Reservation of School Sites for Future Acquisition by a School District.
(1)
Purpose of Reservation. The purpose of reserving a school site on a plat is to allow flexibility in planning for school needs. When the dedication of land or fees in lieu of dedication or a combination thereof will not be adequate to meet school needs, reservation of a school site for future acquisition may be used to set aside the land needed and to be acquired by the appropriate school district.
(2)
Reservation for 5 Years Does Not Constitute Conveyance. The reservation of land for school purposes merely sets aside land as specified on the plat for public school purposes for a period of 5 years and does not constitute a conveyance of that land to the BoCC or appropriate school district.
(3)
Reservation Not a Substitute for Dedication. Reservation of a school site does not operate as a substitute for the dedication of school land and is only an option in addition to the requirements of either the dedication of land or the payment of fees in lieu of dedication of land or a combination thereof.
(4)
Compensation of Owner by School District. The owner of the property is entitled to compensation by the school district when the appropriate school district elects to take reserved land for school purposes. Acquisition of a reserved school site from the owner shall be the responsibility of the appropriate school district.
(5)
Reserved Land Not to be Used Inconsistently with Reservation. Until the designation of a site as reserved for school purposes is removed by the County from the plat, the owner shall not utilize the property in a manner inconsistent with the reservation.
(6)
Plat Designation and Plat Note Required. The owner shall indicate the designated school site on the plat as "reserved for public school purposes for 5 years from the date of recording of this instrument" and shall include a specific plat note referencing the reservation.
(7)
Extension of 5 Year Reservation by Mutual Agreement. The 5 year period for reservation of school sites may be extended by the mutual consent of the appropriate school district and the owner, or the owner's successors and assigns. The agreement shall be in writing and shall be recorded with the Clerk and Recorder, and a copy of the agreement shall be provided to the PCD.
(8)
Removal of the Plat Restriction Reserving School Land.
(a)
Before Expiration of 5-Year Reservation. The designation of land as reserved for public school purposes may be removed from the plat by the County prior to the expiration of the 5-year period utilizing the procedures for amending a plat if mutually agreed to by the owner or the owner's successors and assigns and the appropriate school district.
(b)
Expiration of 5 Year Reservation. After expiration of the 5 year period, the owner may petition to remove the designation of land as reserved for public school purposes from the plat using the procedures for amending a plat or replatting.
(G)
Transfer of Land and Fees to School District.
(1)
Transfer of Land to School District.
(a)
School District Request for Land and Transfer of Land. The BoCC shall give written notification to the appropriate school district of the dedication. Following notice, an appropriate school district may request the property and shall demonstrate to the BoCC a need for the land. On approval by the BoCC of the school district's request for the land, the property shall be immediately conveyed by the BoCC to the school district. The deed conveying the land to the school district shall include a reverter clause providing that the land shall revert to El Paso County if the land is not used for public school purposes. If a dedicated school site is not requested by the appropriate school district within 20 years from the date of dedication, the BoCC may consider disposal of the dedicated school land pursuant to this chapter.
(b)
Disposal of Dedicated Land. If a dedicated school site is no longer needed by a school district, the BoCC may sell the land at the request of the appropriate school district. The owner who previously dedicated the school land shall be given the right of first refusal for a 20 year time period from the date the land was dedicated by the owner to the County or school district to purchase all or part of the land, after payment of the current fees in lieu of school land dedication. The proceeds of the sale of dedicated school land shall be held by the BoCC until the appropriate school district demonstrates a need for the use of the fees pursuant to State Statute.
(c)
Request by School District to Transfer Fees. Periodically, the BoCC shall give written notification of the receipt of school fees to the appropriate school district. A school district may request the fees in accordance with County Policy and shall demonstrate to the BoCC a need for the use of the fees pursuant to State Statute. On approval by the BoCC of the school district's request for fees, the fees shall be transferred to the school district.
8.5.4. Road Dedication and Fees
(A)
Dedication of Right-of-Way.
(1)
Dedication of Right-of-Way Required. The owner shall dedicate the entire right-of-way for roads, trails, and other public improvements associated with the division of land in accordance with standards in this Code, the ECM and the MTCP. Dedications shall be shown on the plat and meet the general dedication requirements of this Code. The County requirements regarding Roadway Functional Classification, Roadway Design Criteria, and Access Criteria are included in Chapter 2 of the ECM.
(2)
Subdivision Adjoining Existing Road. Where the division of land adjoins an existing right-of-way, the ordinary obligation of the owner is for one-half of the required additional right-of-way required by the ECM or the MTCP, if any.
(3)
Section Line Road Dedication. Where a division of land borders a section line road, the dedication shall include the ownership to the section line.
(4)
Dedication of Half of Road Right-of-Way. The dedication of ½ of a required road right-of-way is only allowed with the approval of the BoCC where evidence is provided that the owner is unable to secure the entire right-of-way.
(5)
Dedication Modified When Not Proportional to Impact. Dedication requirements may be modified where the BoCC determines the dedication is not roughly proportional to the impact caused by the division of land.
(B)
Fair Share Reimbursement Fees Paid Before Recording. Where a Fair Share Reimbursement applies to the subject property, the owner shall submit payment in the amount established by the BoCC to the PCD prior to filing the plat for recording with the Clerk and Recorder.
(C)
Traffic or Transportation Fee Paid Before Recording. Where an Off-Site Road Improvement Study and Plan has been approved and a specific mechanism has been established requiring payment of fees, no plat shall be filed for recording with the Clerk and Recorder within the study and plan area boundaries until all required fees have been paid, unless otherwise provided by the resolution approving the Off-Site Road Improvement Study and Plan.
8.5.5. Drainage Facilities Dedication and Fees
(A)
Purpose. The purpose of this Section is to:
• Provide uniform and consistent standards for drainage and bridge facilities and related easements necessary to serve the proposed division of land and implement the provisions of the ECM;
• Implement the provision of BoCC Resolution 99-383 as it may be amended regarding equitable contribution to the total costs of the drainage and bridge facilities in the drainage basin in which the subdivision is located; and
• Implement the provisions of the Master Plan for Drainage Basins of Mutual Concern.
(B)
Dedication of Right-of-Way Required. The owner shall dedicate the entire easement or right-of-way for drainage improvements associated with the division of land in accordance with this Code and the ECM. Dedications shall be shown on the plat and meet the general dedication requirements of this Code.
(C)
Drainage Basin Fees and Bridge Fees.
(1)
Drainage Basin Fees Established. Drainage basin fees shall consist of a drainage fee and, where applicable, a bridge fee. The drainage basin fee schedule, which includes bridge fees, is set by the BoCC. A request to modify a fee requires BoCC approval.
(2)
Fees Paid at Time of Filing of Plat for Recording. Drainage basin fees shall be paid at the time of filing the plat for recording with the Clerk and Recorder. The required fees shall be those in effect at the time the final plat is submitted for approval.
(3)
Fee Reductions, Credits or Reimbursement for Facilities.
(a)
Credit for Construction of Planned Facilities. The owner will be credited for fees related to eligible drainage and bridge facility construction costs when the applicant constructs facilities identified in the applicable drainage basin planning study in accordance with the provisions of this Code, the ECM, and the drainage fee resolution. The mechanism and details for receiving a fee reduction or credit shall either be included within the drainage fee calculation required with the drainage report or within a separate SIA or development agreement, at the discretion of the County.
(b)
Determining Allowable Credits or Reimbursements.
(i)
Reduction of Fees by Cost of Reimbursable Facilities. When the engineer's cost estimate for reimbursable drainage facilities is less than the drainage fees for the subdivision, the amount of the engineer's cost estimate is subtracted from the fees due to obtain the balance due in cash at the time of filing the plat for recording with the Clerk and Recorder.
(ii)
Excess Costs Eligible for Credit or Reimbursement. When the engineer's cost estimate for providing reimbursable drainage facilities is greater than the drainage fees due for a subdivision, no cash fees are paid at the time of filing the plat for recording with the Clerk and Recorder. Actual costs of the facilities in excess of the fees due are eligible for credit or reimbursement from the drainage basin fund as funds become available.
If the plat is applicable to only a portion of the ownership and located in the same drainage basin as the remainder of the ownership, the credit for the cost of facilities installation in excess of the drainage basin fees may be credited to the drainage basin fees due at the time of subdivision of the balance of the ownership.
(c)
Determining Fee Reductions and Credit Allowances.
(i)
Lots of 2.5 Acres or Larger. A fee reduction of 25% occurs for those portions of subdivisions that consist entirely of 2.5 acre and larger lots.
(ii)
Prudent Line and Dedications. If the prudent line is determined by the ECM Administrator to be appropriate in a proposed subdivision, a fee reduction of up to the total fee may be granted for the land in excess of the floodplain which is required to be dedicated. If the reduction exceeds the total fee, the remainder of the credit will be paid by the County when the basin account has sufficient funds. In addition, a reasonable construction cost for channel improvements associated with the prudent line will be eligible for credits or reimbursement.
(iii)
Credit for Small On-Site Ponds. 50% of the reasonable construction cost of small on-site ponds (less than 15 acre-feet) that meet County criteria will be eligible for credits or reimbursements.
(iv)
Credit for Large On-Site Ponds. 100% of the reasonable land and construction cost of large on-site ponds that are either required facilities in a drainage basin planning study or an addendum to a drainage basin planning study and that are accepted by the County and paid for other than by the County are eligible for credits or reimbursement.
(v)
Credit for Other Regional Facilities. 100% of the reasonable land and construction cost of other regional facilities that are identified as reimbursable in a drainage basin planning study will be eligible for credits or reimbursements.
(vi)
Approved Drainage Basin Planning Studies. 100% of the cost of approved drainage basin planning studies will be eligible for credits or reimbursements.
(vii)
Credit for Fees Previously Paid. When drainage basin fees for a lot or development have been previously paid and a subsequent development permit results in an increase in the impervious area, the drainage basin fee assessed in association with the development permit shall equal the difference between the current drainage basin fees and the previous drainage and bridge fees paid.
(d)
Appeal of Fee Reduction or Credit Decisions. The ECM Administrator is responsible for decisions regarding fee reductions or credits. Appeal of a decision shall be in accordance with the applicable provisions of the ECM.