The Board of Trustees of the Town of Deer Trail, Arapahoe County, Colorado, does hereby resolve and ordain to enact regulations and procedures for the proposed development of or proposed providing of or extortion of municipal services to platted undeveloped real property within the Town of Deer Trail and to Further enact of services of improvements to existing platted and developed property within the Town of Deer Trail.
Whereas, the Town of Deer Trail, (hereinafter referred to as the "Town"), in the County of Arapahoe and the State of Colorado, is the body corporate operating as a statutory Town pursuant to the general statutes of the State of Colorado; and
Whereas, Colorado Revised Statues 31-15-702, 31-15-703, and 31-15-709 give to the governing body of each statutory municipality the power, authority, and discretion concerning the construction, improvement, and opening of streets, alleys, curbs, sidewalks, and the distribution and installation of water, water pipes, sewers, and related improvements and municipal services within the Town's boundaries; and
Whereas, the Board of Trustees of the Town (hereinafter referred to as the "Board") deems that it is both preferable and appropriate to adopt rules, regulations, and procedures concerning the provision of or the construction of municipal services to platted, undeveloped areas of the Town as well as the provision of municipal services concerning proposed improvements in platted and developed portions of the Town so as to give the Board total discretion in the opening or construction of streets, alleys, curbs, gutter, and sidewalks and in the installation or provision of water and sewer improvements; and
Whereas, the Board has determined that the Town is presently limited as to water resources available to the Town and the Board wishes to make certain that development or growth within the Town will not take place without appropriate action being taken to insure continued availability of water to all Town residents as well as areas for development and growth; and
Whereas, the Board deems that it is necessary and prudent to specifically define and provide for reasonable rules and regulations for platted properties within the Town and to assure that such growth can be serviced by existing Town utilities and resources.
Now, therefore, be it ordained by the Board of Trustees of the Town of Deer Trail, Colorado, as follows:
Section I: Application.
This Ordinance shall apply to all property located within the Town and in those instances where owners or developers of such property within the Town are seeking the extension of municipal services, such as the construction, opening, or improvement of streets, alleys, curbs, gutters, sidewalks, etc. or the providing of water, sewer, or related Town services to the subject property. This Ordinance does not apply to applications for subdivision. Should an owner or developer seek municipal services in conjunction with a request for subdivision, then the Town's subdivision ordinance, rules, and regulations shall control. This ordinance shall also apply to requests for extension of municipal services to platted, but undeveloped property located within the Town and shall also apply to requests for extension of municipal services to proposed improvements to platted, developed property located within the Town.
Section II: Application and Sketch Plan.
Applications for extension of municipal services must be made to the Town Clerk at least thirty (30) days prior to a regular meeting of the Board for the application to be initially considered at such board meeting. The application shall be on a form approved by the Board and shall contain a sketch plan to allow a review of the concept for development of the subject property and the overall feasibility of the project. The application and sketch plan shall include the following items:
- A plat or map showing the general location of the subject property, its property boundaries, and the
direction of True North. - The name and address of the owner of the subject property.
- The name and address of the developer of the subject property.
- The legal description of the subject property, if available.
- The approximate total acreage of the subject property.
- The proposed tentative street and lot arrangement and proposed density of development (including number of buildings, residences, estimated population, etc.).
- Topographic contours from available data, such as the United States Geological Survey topographic maps.
- A lot and street layout indicating general scaled dimensions of lots to the nearest foot.
- A description of the water distribution system contemplated for the proposed development.
- A description of the sewer collection system contemplated for the proposed development.
- A scale of the sketch plan on legible paper which shall be not less than one inch per two hundred feet.
- Some variation from this scale will be acceptable in the case of large sections of property provided the plans and design are clearly legible.
- Any other information that the owner or developer believes necessary to obtain the informal opinion of the Board as to the proposed property or project.
- Any other information that the Board may require either before or after the initial application or presentation.
Section III: Initial Determination.
The Board, upon receiving the application and sketch plan, with supporting documentation, shall place the application upon the next available Board agenda for discussion. Upon receiving the application and the presentation, if any, from the owner or developer, the Board may make an initial determination as to whether the proposed extension of municipal services appears to be feasible as to the available Town resources and in the Town's best interests. In making such initial determination, the Board shall consider all relevant factors, including the following stated factors:
- Whether the proposed extension of Town services is supportive of the Towns' master plan objectives and furthers the overall long-range goals of the Town.
- Whether the proposed extension of Town services or improvements would benefit, harm, or have no effect on the surrounding locale and neighborhoods.
- Whether the Town's infrastructure services, including but not limited to, water, sewer, streets, law enforcement, etc., would be sufficient to service the subject area without harming or adversely impacting, financially or otherwise, existing residences and businesses.
The Board may continue the deliberation of its determination to the next scheduled Board meeting or later if the Board determines that more information is required from the owner or
developer.
In the event that the Board makes an initial determination that the proposed extension of Town services would not be detrimental to the Town or its citizens and appears to meet the objectives and long-range goals of the Town as set forth in its master plan, the Board may, in its discretion, schedule a public hearing concerning the application for the next regularly scheduled Board meeting. In the event that the Board determines that a special meeting is required, the Board may schedule such special meeting provided that notice of such special meeting is published at least fifteen days prior to the scheduled meeting. Such initial determination shall not be construed to be approval of the application. Further, the initial determination of approval shall not be made until the Town has obtained the Town engineer's opinion as set forth in Section IV below. The Board shall have absolute discretion as to whether to construct, allow construction, or approve the extension of Town services or improvements requested by the applicant.
Section IV: Engineer Opinion.
No approval shall be given by the Board for proposed extension of municipal services until the Town Engineer and Town Water Attorney, or their designated agents, have reviewed the application and determined that adequate Town water is available for the proposed extension of municipal services relevant to the overall Town water condition and availability. Such determination shall be in the sole discretion and authority of the Board.
Section V: Approval and Improvements.
Upon approval of the application and the obtainment of the Engineer's opinion the Board shall establish appropriate specifications for the extension of the municipal services, improvements and assessment of costs as follows:
- Water and Sewer Improvements: Each applicant and owner, groups of owners, and/or developers, shall cause to be installed water and/or sewer main in the area to be served according to the Town's specifications. The Board in fixing the size, location and specifications for said improvements, shall not only consider the immediate area to be served but also the use of said improvements in providing service to other areas as development warrants. Upon acceptance of said improvements by the Town, all utility mains located within the streets shall be the property of the Town and shall be maintained by it.
- Grading of Streets and Alleys: Each applicant and owner, group of owners, and/or developers, shall also cause to be graded all streets and alleys having been dedicated to the Town, should the Town determine the streets and alleys are to be opened. The grading and construction shall be in accordance with Town regulations and specifications.
- Curbs, Gutters, and Sidewalks: Each applicant, owner, group of owners, and/or developers shall be required to construct and install curbs and/or sidewalks in accordance with Town regulations and specifications if so, determined by the Board.
- Town Dedications: Depending upon the size of the subject property and the extent of the Town services to the subject property, the Board may require that the owner set aside and dedicate to the Town a portion of the subject property for a park or other recreational purpose.
- Water Concerns: In the event that the Town Engineer and/or Town Attorney have determined that sufficient water is not available for the proposed extension of Town services or development of the property, the parties may enter into an agreement for the extension of such services dependent upon the developer or owner agreeing to and accomplishing the purchase of water rights or augmentation rights sufficient to satisfy the proposed extension of services and concerns of the Board and to
convey such water rights to the Town.
Section VI: Assessments.
The cost of the extension of Town services and/or improvements shall be paid as follows:
- Water and Sewer Improvements: The cost of the installation of water mains and pipelines and sewer main lines and pipelines shall be borne by the adjacent property owners according to the square footage of the property served thereby.
- Streets, Alleys, Curbs, Gutters, and Sidewalks: The cost of the installation of streets, alleys, curbs and sidewalks shall be borne by the adjacent property owners on the basis of front footage to the property served thereby.
- Cost Estimate: If the cost of improvements is to be borne by more than one landowner, then prior to construction of improvements, the Board shall estimate the costs of the improvements to each subject landowner and shall convey the estimate to such landowner and give the landowner an opportunity to
be heard before the Board. In the absence of any agreement for payment between the Town and landowners, the Town may assess the costs thereof in accordance with Colorado Revised Statutes 31-15-401(1) (d) and/or 31-15-704, as amended. - Recovery Cost: The Town may enter into a Recovery Cost agreement with owner or developer to allow the owner or developer to collect a pro rate share of the construction costs of the public improvements from a subsequent owner or owners of adjacent or contiguous property served by the improvements at the time such benefitted owner or owners develops his or her property.
Section VII: Severability
Should any portion of this Ordinance be subsequently found by a qualified court of Law to be unconstitutional or unenforceable, the remaining portions shall remain in full force and effect.
Section VIII: Effective Date
The Board deems that this Ordinance is necessary to the immediate preservation of the public health and safety as an emergency situation exists and that said Ordinance should take immediate effect upon adoption.
Adopted and approved this 1st day of December 1998.
Signed: Leroy A. Koch, Mayor
Attest: Jessica E. Stoumbraugh, Town Clerk