Section 6-410 Subdivision Dedication Requirements
6-410.A. Purpose. Parks, open space, recreational and other municipal service facilities have been determined by the citizens of the Town of Telluride to be desirable and essential features of the Town. It has further been determined that land development inherently contributes to increases in the Town’s population and the number of persons visiting the Town, thus, placing greater demands and pressures on existing parks, open space, recreational and other municipal service facilities. In order to protect and maintain community standards regarding the availability, quality and accessibility of parks, open space, recreational and other municipal facilities, the Town Council finds that it is necessary and appropriate to enact land development dedication requirements as provided for in this Section so as to ensure that new development pays a fair and equitable share of the cost of providing for new or expanded facilities necessitated by such development and to provide relief to current Town residents from having to bear the full costs of mitigating the impacts of such development.
6-410.B. Applicability. Every large scale subdivision shall include a dedication of ten percent (10%) of the gross land area of the subdivision to the Town or other entity as determined by the Town Council to be used for public parks and recreation areas, open space, or municipal purposes requiring land. Small scale subdivisions may also be required upon the recommendation of P&Z to include a public dedication of land of up to ten percent (10%) if such subdivision will impose a burden upon public facilities. Town Council shall approve or disapprove any small scale subdivision dedication. Land dedications as provided for in this section shall not be required where a dedication was previously obtained as a result of an earlier subdivision approval, except when the new subdivision imposes an increased incremental impact upon public facilities.
6-410.C. Form of Dedication. All dedications of land as required under this section shall be dedicated in fee simple to the Town as a condition of subdivision approval. If Town Council determines that such a dedication is inappropriate or impractical as a result of the nature, location or geography of the subdivision, then a payment in-lieu corresponding to the value of such dedication shall be required. Note: Calculations establishing the dimensional requirements or limitations for development within a subdivision or PUD, as well as calculating other additional dedications, shall be based on that total project area remaining after the deduction of the ten percent (10%) land dedication requirement as provided for in this Section.
6-410.D. Specifications For Dedicated Lands.
6-410.D.1. Dedicated land may include floodplain, open space, historical or natural features, and proposed public areas. Land proposed to be dedicated for parks shall not include technical, private or public schools, sites for service organizations which are not open to the general public, and sites unsuitable for public use due to steep slopes, hazardous geologic formations, adverse topography, utility easements, or other features which may be harmful to health and safety.
6-410.D.2. A minimum of eighty percent (80%) of land dedicated should lend itself to utilization for municipal and public recreation purposes, picnic sites, trails, buildings, and offices.
6-410.D.3. Wherever a development proposal includes land or areas identified in the Telluride Master Plan or any other adopted community plan for the installation or connection any part of a pedestrian, bicycle, equestrian or skiing trail, as identified a public easement or right of way shall be conveyed or dedicated to the Town to offset pedestrian traffic, and/or loss of open space as created by such development and such easement shall be credited against any required land dedication.
6-410.D.4. A dedication of adequate water rights must accompany all municipal facility and park land dedications.
6-410.D.5. The Town, at its sole discretion, may elect to use dedicated land for any municipal or public function deemed necessary. Such use shall be compatible with surrounding uses.
6-410.E. Private Recreation Facilities. The total area required for any land dedication may be reduced by up to fifty percent (50%) when private recreation facilities are to be provided as part of any development and Town Council finds all of the following:
6-410.E.1. The private recreation facilities will meet a major portion of the recreational demands generated by the residents or employees of the proposed development, or will be made available for joint use by the public;
6-410.E.2. The private recreation facilities will be completed at the same time or prior to the residential and other facilities in the development;
6-410.E.3. The private recreation facilities will be maintained as a permanent feature of the development.
6-410.F. Payment In Lieu of Dedication.
6-410.F.1. Fee payments made in lieu of land dedications shall be based on the amount of land which otherwise would be required to be dedicated, less any reductions or deductions for trails or private recreation facilities as provided in subsections D.3 and E above. The Town Council shall set an in-lieu fee schedule from time to time by resolution. P&Z may provide a recommendation to Town Council regarding amendments or other changes to the fee schedule.
6-410.F.2. Town Council may accept property not within the development in lieu of or as partial payment toward a fee as required hereunder. The value of such other property shall be established by its market value as determined by a qualified appraiser approved jointly by the Town Manager and the applicant.
6-410.F.3. Payments in lieu of land dedication shall be due and payable at execution of the final subdivision plat and shall be specifically described in the subdivision agreement or development permit.
6-410.F.4. Payments in lieu of dedication shall be held by the Town in a special interest bearing account reserved solely for the acquisition and capital development of land which shall be available for the full use and enjoyment of the residents of the subdivision.
6-410.F.5. Payment in lieu fees pursuant to this section shall be returned, with any accrued interest, to the current owner of property for which a fee was paid if the fee has not been spent within seven (7) years from the date it was collected, unless Town Council shall have earmarked the fee for expenditure on a specific project, in which case the Council may extend the time period by up to three (3) more years.
a. To obtain a refund the present owner must submit a request to the Town Manager within one (1) year following the end of the seventh (7th) year from the date the fee payment was received.
b. For the purposes of this subsection, fees shall be deemed spent on the basis that the first fees collected shall be the first fees expended.
6-410.F.6. Any payment in lieu fee made for a project for which a building permit is canceled due to non-commencement of construction may be refunded if a request for refund is submitted to the Town Manager within three (3) months of the date of the cancellation of the building permit. All requests shall be accompanied by proof that the applicant is the current owner of the property and a copy of the dated receipt issued upon the original payment of the fee. Fees shall not be returned where they have been spent or encumbered prior to the date of the refund application.