Section 3-302 Dedication and Improvements of Rights of Way
3-302.A. General. The arrangement, character, extent, and location of all streets shall conform to the Telluride Master Plan.
3-302.B. Improvements Required.
3-302.B.1. All abutting streets or pedestrian rights of way shall be improved by the applicant at the time of issuance of either 1) a building permit for new development, or redevelopment exceeding twenty five percent (25%) of the value of the existing improved property; or 2) concurrent with other development reviews as required by this Title (subdivision review, PUD review, use permitted on review, etc.). The improvements that may be required by the Town are intended to mitigate impacts directly attributable to the development.
3-302.B.2. The scope of right-of-way improvements appropriate to an adjacent street shall include: 1) up to the half width of a street right-of-way more than twenty-two (22) feet; 2) the entire width of street right-of-way twenty-two (22) feet or less; and 3) the entire width of any abutting alley, bike path, sidewalk, or pedestrian ways. The installation of improvements shall be dependent on the need for said infrastructure upgrades in the vicinity.
3-302.B.3. Water and wastewater extensions shall also be completed pursuant to Title 13 of the Telluride Municipal Code.
3-302.C. Procedure for Determining Improvements. A determination of the type, location, and extent of public improvements for a new development or redevelopment shall be completed by applying the provisions of Section 3-302.B., and the completion of one of the following two procedures:
3-302.C.1. Prior to issuance of a preliminary or final development approval, the Planning and Public Works Departments shall complete the following tasks:
a. Determine the type, location, and extent of improvements necessary to serve the development and to meet the Right-of-Way Specifications and Streetscape Standards.
b. Require development to be consistent with the Right-of-Way Specifications and the Streetscape Standards unless the Public Works Department determines that consistency is determined to be infeasible, or the Public Works Department determines an alternative design:
(i) Meets the Goals and Objectives of the Streetscape Standards; and
(ii) The proposed design has been prepared by a Colorado Registered Professional Engineer or other qualified professional approved by the Public Works Department.
c. Compare the existing condition of rights-of-way abutting the applicant’s property to the standards and designs specified for that right-of-way within the Right-of-Way Specifications and Streetscape Standards.
d. If a new or reconfigured right-of-way is proposed, the existing or proposed condition of any proposed or existing rights of way shall also be compared with the standards and designs specified for that right-of-way in the Right-of-Way Specifications and Streetscape Standards.
e. After consultation with the Public Works Department, the applicant shall complete a list and cost estimate of the improvements to the existing or proposed public right-of-way adjacent to its property, necessary to achieve consistency with the Right-of-Way Specifications and Streetscape Standards unless other designs have been approved by the Public Works Department per Section 3-302.C.1.b of this Division.
f. Confirm the contents of the list and estimate.
g. The list and estimate shall constitute work required to be completed by the applicant prior to issuance of a Certificate of Occupancy, or at such other date as may be arranged, and such list shall be incorporated into an improvements agreement that has a form and content approved by the Town. If public improvements are documented through a subdivision improvements agreement pursuant to Section 6-409 of this Title, a separate improvements agreement shall not be required.
3-302.C.2. The applicant may request a review of the determination of appropriate public improvements completed under Section 3-302.C.1 from the Telluride Planning and Zoning Commission (“P&Z”). When requested by an applicant in conjunction with a related development review, such as a subdivision, PUD, or Use or Activity Permitted on Review, HARC application or a building permit, concurrent review by the P&Z shall be required. The P&Z’s criteria for review shall include an assessment of impacts of the development that can reasonably be attributed to the development proposed, using the following information
a. Projected vehicular and pedestrian traffic count increase on the Town’s street system.
b. Type, condition, and capacity of the street system to serve the proposed development.
c. Total number of vehicles and pedestrians projected to serve the development.
d. On and off-site parking to be supplied.
e. Condition of existing street infrastructure, including its ability to minimize air and water quality degradation.
f. Location of existing or proposed public transit service.
g. Consistency with the Right-of-Way Specifications unless an alternative design has been reviewed and approved by the Public Works Department per the provisions of Section 3-302.C.1.b of this Division.
h. Consistency with the Streetscape Standards unless an alternative design has been reviewed and approved by the Public Works Department per the provision of Section 3-302.C.1.b of this Division.
i. Any other factors unique to the site or vicinity.
3-302.D. Procedures for Securing and Documenting Completion of Improvements. The completion of right-of-way improvements shall be secured by a suitable financial arrangement and an improvements agreement as required by Section 3-302.C.1.g of this Division. If right-of-way improvements are not appropriate at the time of building permit issuance or prior to issuance of a Certificate of Occupancy, an improvements agreement may be required by the Town in accordance with 3-302.C.1.g of this Division.