16.42.120 Public sites and open spaces.

A. Definitions. For the purpose of this section, certain words are defined as follows, unless context clearly indicates otherwise:

1. District Park. A district park usually provides such specialized facilities as a swimming pool, tennis complex, recreation center, regulation size playing fields, an outdoor theater, restrooms, large grass and tree areas, and off-street parking. The park should be located within ten (10) minutes’ driving time of all residents within the area intended to be served.

2. Neighborhood Park. A neighborhood park provides the primary source of recreational open space for the residents of its service area. The neighborhood park usually provides such facilities as structured and unstructured play areas, paved multipurpose area, playing field, open grassed area, picnic facilities, shaded sitting area, and a shelter. The park should be located within one-half mile or less of walking distance from any point in its service area.

B. Dedication of Park Sites and School Sites. The regulations of this section shall not apply to subdivisions which are completely nonresidential. In the event of subsequent application for a change of zoning or other regulations, which change shall permit the use of all or a portion of such subdivision for residential purposes, then the approval of such change, if granted, shall be made contingent upon the applicant satisfying the requirements of this Section for residential subdivisions.

Each subdivision for residential purposes in the county of Pueblo shall pay a fee-in-lieu of conveyance or shall convey land for the purpose of providing park sites and school sites to serve the future residents of the subdivision. The conveyance of land may occur upon the recommendation of the appropriate School Board and the County Planning Commission.

For all such conveyed land, the criteria to be considered in determining whether or not to accept land in lieu of the fees described below shall be:

1. That it be adequate in size, shape and access for the use intended;

2. That from considerations of topography, condition of soil, drainage, location and availability of water, it be suitable for any building purposes contemplated;

3. That it be consistent with the regional plans;

4. That protection of natural and historical features, scenic vistas, watersheds, timber and wildlife be assured.

Minimum Land Requirements or Fees Per Dwelling Unit

	Park		School

Type Unit	Acres	Fees	Acres	Fees

Single-family	0.025	$76.00	0.019	$95.00
Multi-family	0.021	$63.00	0.010	$50.00
Mobile home	0.019	$56.00	0.007	$35.00

This fee schedule may hereafter be reviewed and amended.

The owner, for final plat approval, shall designate in the form of an agreement the number of dwelling units proposed for each lot in the subdivision. The required conveyance of land or fees shall be based upon the type and total number of dwelling units set forth in this agreement. This agreement shall be known as a "density agreement" and shall be recorded with the subdivision. This agreement shall run with the land and shall be enforceable by the County. The agreement may be subsequently amended upon the concurrence of the Board and the owner. Additional subdivision of a lot or lots for which conveyance has been made or fees have been paid shall provide the owner with "credit" for park site and school site requirements equal to the number of dwelling units previously provided for in the agreement then in force.

Example: Lot X is ten (10) acres in size and has met the park and school site requirements for one (1) single-family dwelling unit; Lot X is being subdivided into five (5) two-acre lots, each to have a single-family dwelling unit; the owner must meet the requirements for only four (4) additional dwelling units.

Conversion from the multi-family requirements to the single-family requirements shall be on a pro rata basis.

The requirements of school sites and park sites are separate for the purpose of conveyance or fees. Conveyance may be made to satisfy one and fees to satisfy the other. A combination of partial conveyance and partial fees may be made to meet the requirements of either park sites or school sites.

The site to be conveyed need not be located within the proposed subdivision, provided it will serve the residents of said subdivision.

Conveyance of land shall occur by deed at the time of final plat approval.

Payment of fees shall occur within one hundred and eighty (180) days from the date of final plat approval. If fees are not paid at the time of final flat approval, then a performance bond equal to all outstanding fees-in-lieu of conveyance shall be obtained by the owner. The bond shall be payable in full to the County if fees are not paid within one hundred and eighty (180) days.

C. Site Standards. The following standards shall govern the conveyance of sites for park and school purposes:

Type	Minimum Site Size	Population Serviced
Neighborhood Park	5 acres	2.5 acres/1,000 population
District Park	20 acres	5.0 acres/1,000 population
Elementary School	10 acres	400 students
Junior High School	20 acres	800 students
Senior High School	30 acres	1,200 students

The site shall be accepted for the purpose of meeting the requirements of this Section only if it meets the minimum size for such site or enlarges an existing deficient site.

D. Private Parks. The Board may approve private parks as meeting all or part of the park conveyance requirements of this Section, provided:

1. All standards contained in Subsection C of this Section are met;

2. Development, use and maintenance are guaranteed, with the County having full authority to enforce such guarantees;

3. The private park will serve the residents of the subdivision without discrimination; and

4. The uses provided for shall not be so specialized as to inhibit enjoyment thereof by all residents of the subdivision.

E. Lease, Trade or Sale. The Board may lease any conveyed or acquired site for an interim use (e.g., crop production, grazing, mineral extraction) provided:

1. Such use will not be detrimental to adjacent property; and

2. Such use will not impede the development of such site for its intended use.

Proceeds of any such lease may be transferred to the County General Fund, or be expended to improve the site, or be used to repay a "Dwelling Unit Conveyance Advance."

The Board may trade a deeded or acquired site, provided the site to be received will serve the residents of the conveying subdivision for the purpose intended.

The Board may sell a deeded or acquired site, provided all monies received from such sale shall be used to acquire a site to serve the residents of the conveying subdivision for the purpose intended, or to repay a "Dwelling Unit Conveyance Advance."

F. Disposition of Site and Fees. The Board shall accept conveyance of all approved sites and shall retain ownership until requested by the appropriate school district or recreation district to transfer such sites. Transfer of such sites shall be made upon demonstration of need and ability to develop such sites.

The Board shall accept all fees paid in lieu of conveyance and shall deposit same in separate interest-bearing accounts. The Board may transfer fees upon request to the appropriate school district or recreation district for the acquisition of sites which serve the subdivisions having paid said fees. Transfer shall be made upon demonstration of need and ability to develop the site to be acquired.

In addition to site acquisition, fees may be expended on such incidental and related expenses and public notices, legal fees, survey fees, appraisal fees, planning fees, engineering fees, the extension of utilities to the site, and rough fill and grading of the site reasonably necessary to meet the requirements and intent of this Section. Fees may also be expended to repay a "Dwelling Unit Conveyance Advance."

G. Dwelling Unit Conveyance Advance. The Board, appropriate school district, or recreation district may advance monies to the fees-in-lieu conveyance fund in the form of a "Dwelling Unit Conveyance Advance" when:

1. There exists a need to acquire a site; and

2. Subdivisions within the proposed site’s service area have provided insufficient fees to acquire such site.

The "Dwelling Unit Conveyance Advance" shall set forth the number of additional dwelling units for which monies are being advanced, and shall establish the precise boundaries of the area intended to be served by the proposed site.

Fees from future subdivisions occurring within the boundaries of a site acquired using Advances may be disbursed without condition by the Board, appropriate school district, or recreation district as payment upon the "Dwelling Unit Conveyance Advance." Payment shall be computed on a dwelling unit for dwelling unit basis, not dollar for dollar.

Park site fees may not be used as payment upon an advance for a school site, nor may school site fees be used as payment upon an Advance for a park site.

H. Review Procedures. All sites proposed for conveyance shall be shown on the preliminary plat as required and shall be reviewed in accordance with procedures established by the Subdivision Regulations.

The appropriate school district shall review the physical properties and shall evaluate the need for the proposed school site to be conveyed, reserved or acquired, and shall make recommendations to the Board.

Prior to the lease, trade, sale, acquisition or transfer of any site; or transfer of fees, amendment of a "Density Agreement, or approval of a "Dwelling Unit Conveyance Advance" obtained under provisions of this Section, the Board may obtain recommendations from the County Planning Commission and appropriate school district or recreation district.

I. Reservation of Sites. The Board may reserve at the time of final plat approval any lot or lots in a subdivision platted after August 7, 1975 for the purpose of future park sites and school sites. Any lot so reserved shall be identified on the plat as "Reserved School Site" or "Reserved Park Site." No use or development shall be permitted on such a reserved site which will impede the acquisition or development of the site for the purpose reserved.

The owner may have the reservation removed by filing written notice with the Board of his or her intent to develop the site in a manner not permitted under the reservation. The Board must enter into negotiation for acquisition of the site within one hundred and eighty (180) days from receipt of the owner�s notice and must acquire said site within one (1) year, or the Board shall remove the reservation from the plat at County expense.