ORDINANCE NO. 404

AN ORDINANCE OF THE TOWN OF EADS, KIOWA COUNTY, COLORADO, TO ADOPT REGULATIONS CONCERNING TOWN SERVICES TO AND DEVELOPMENT OF PLATTED UNDEVELOPED REAL PROPERTY

            WHEREAS, the Town of Eads, County of Kiowa, hereinafter referred to as the “Town”, is a statutory town as defined by Title 31 of the Colorado Revised Statutes; and

            WHEREAS, Title 31, Article 15, Part 7 of the Colorado Revised Statutes, empowers the governing body of each municipality with the authority and discretion, to extend streets, alleys, water, waste water, and other Town utilities upon the terms and conditions agreeable to the Town; and

            WHEREAS, the Board of Trustees of the Town, hereinafter referred to as the “Board”, has determined that the Town should establish regulations for the development of land which might require the extension of streets, alleys, water, and waste water to the proposed development;

NOW, THEREFORE, BE IT RESOLVED AND ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF EADS, KIOWA COUNTY, COLORADO:

            1.         APPLICABILITY.   For purposes of this Ordinance, the property to be governed by this Ordinance shall include all properties located within the Town boundaries which are platted, but undeveloped to the extent that either streets, alleys, sidewalks, or curbs have not been extended or installed upon the property, or water or waste water (sewer) services have not been extended to the property.

            2.         REQUIREMENTS:    Any owner or owners of real property located within the Town whose property is platted, but undeveloped, may apply to the Town for permission to construct or have constructed streets, alleys, sidewalks, or curbs, and may also apply for the installation of water mains and pipes, waste water pipes (including storm sewers) and related municipal service to the property.  In such event, the following requirements shall be met and the following factors and procedures shall apply:

            A.        Application.  The owner, owners, or their agent, hereinafter referred to as the “Applicant” shall submit an application to the Board which shall state the name or names, addresses, and phone numbers of the Applicant.  The application shall specify in detail, and include drawings or diagrams as appropriate, the description of the proposed project, a description of the services or improvements desired by the Applicant, a plan for construction, and proposed completion dates or estimates.   The Board may require the Applicant to provide further information or documentation to assist the Board in its determinations.  The Applicant shall be responsible for the costs incurred by the Town in processing the Application including the reasonable costs incurred by the Town through the use of its staff or personnel, Town engineer, and Town attorney, as well as out of pocket costs incurred by the Town including any required publication of notices.  The Applicant shall file with his or her application funds in the amount of Seven Hundred Fifty Dollars ($750.00) to apply towards the Town costs.  At the completion of the processing, the Town shall refund any funds not used by the Town in processing the application and the Town shall include with the refund a detailed statement reflecting the costs incurred.  The Applicant shall pay any costs incurred by the Town which exceed the initial application deposit after being given a detailed statement by the Town reflecting the reasonable costs incurred.

            B.        Board Determination:  The Board shall have absolute discretion, except as set forth herein, as to whether to construct, allow construction, or approve the municipal / utility improvement requested by the Applicant, including streets, alleys, water, and waste water facilities.  The factors to be considered by the Board shall include, but not be limited to, the following:

            1.         The size of the subject parcel or property in question, the proposed use for the parcel, and the availability of water and other Town resources to meet the needs of the proposed use.

            2.         The desires and wishes of those landowners within two hundred feet (200’) of the boundaries of the subject parcel as to the Applicant’s intended use..

            3.         Whether or not at the discretion of the Board, the subject property warrants development in relation to the density, locale, and characteristics of the surrounding neighborhood.

            4.         Whether the proposed use of the property is compatible with the Town’s zoning and comprehensive plans, if any.

            C.        Improvements:  Upon approval of the application, the Board, or its representative, shall establish appropriate specifications for the installation of municipal improvements and utilities, and the estimated assessment of costs, based upon the following:

            1.         Water and Waste Water Improvements:

a.         The Applicant shall cause to be installed water and waste water mains and carrying pipes in the area to be served according to the Town’s specifications.  The Board in fixing the size, location, and specifications for the water and waste water improvements, shall not only consider the immediate area to be served but also the use of the improvements in providing service to other areas as development warrants.  Upon construction, installation, and acceptance of the improvements by the Town, all utility mains located within the streets shall be the property of the Town and shall be maintained by the Town.

b.         The Board acknowledges that if sixty percent (60%) of the frontage of the lots or lands adjacent to or abutting upon any Town street or alley is included in the Applicant’s property, the Town is required to construct the necessary water main and waste water main services and to assess the costs according to this Ordinance.

            2.         Grading of Streets and Alleys: 

a.         The Applicant shall cause to be installed, constructed, and graded, all streets and alleys having been dedicated to the Town, should the Town determine that streets and alleys are to be opened as part of the development project.  The grading and construction of the streets and alleys shall be in accordance with Town regulations and specifications.

            3.         Curbs and Sidewalks. 

a.         Each Applicant shall be required to construct and install curbs and / or sidewalks in accordance with Town specification, if so determined to be appropriate by the Board, after considering all circumstances of the project.

            C.        Assessments for municipal utility installation.  The costs of the improvements shall be paid as follows:

            1.         Water and Waste Water Improvements:  The cost of the installation of water mains and pipelines and waste water main, pipelines, and lift stations (if required) shall be borne by the adjacent property owners according to the square footage of the property served by the improvements or which can be served by the municipal improvements.

            2.         Streets, Alleys, Curbs, 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 by the improvements or which can be served by the municipal improvements.

            3.         Prior to construction of improvements, the Board, or its agent, shall estimate the costs of the improvement to the Applicant, or adjacent landowners, and shall convey the estimate to the Applicant and landowner.  The Board may provide a hearing time before the Board to give the Applicant, and / or effected landowners, the opportunity to be heard before the Board.  In the absence of any agreement for payment between the Town and the Applicant, the Town may assess the costs thereof in accordance with applicable Colorado Revised Statutes.

            D.        Written Agreement.  Prior to any construction or installation of municipal improvements, the Town and the Applicant shall enter into a written agreement which sets forth the agreement of the Town to provide municipal utilities and the obligations of each party as to cost.  The Board, in the agreement may vary from the strict “developer pays all costs” policy, if the Board determines that it is in the best interests of the Town to do so.   Criteria to be considered, in the event the Board is persuaded to vary from the strict developer pays all costs policy, shall include, but not be limited to the following:

            1.         Whether or not the budget of the Town will allow any contribution.

            2.         The anticipated impact of the development, including meeting a need that the Board clearly perceives, such as family housing, commercial development that will create jobs, and development that will improve the Town’s tax base.

            3.         Whether or not the proposed development would be a significant strain on the Town’s water, waste water, and other resources.

            4.         Whether the proposed site and proposed use of the site would be significantly different from other sites within the Town which may eventually be developed as well.  Would the development be so unique and beneficial as to justify the Board varying from its developer pays all costs policy?

            E.        Cost Recovery Agreement.  Further, the Town may agree to a “cost recovery” agreement or requirement with the Applicant which requires that the Applicant, or developer, construct utilities up to or beyond the proposed development.  The cost recovery agreement will require any subsequent land owners or applicants to pay a prorated portion of the Applicant’s costs at such time as the land owner or applicant takes advantage of the constructed municipal improvements.

3.         Separability.   If any portion or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such portion or provision shall not affect any of the remaining provisions of this Ordinance, the intention being that the same are severable.

            4.         Effective Date of Ordinance.  This Ordinance shall take affect thirty (30) days after passage and publication of the Ordinance.

            ADOPTED AND APPROVED this 13th day of February, 2018.

Mayor

(S E A L )

Town Clerk