§ 12.6.1. Development agreements.

A.

Purpose. Development agreements are intended to specify details of a project approved under this Code and assure the completion and maintenance of all improvements required to serve the project.

B.

Applicability. Development agreements are required for all final plats for subdivisions, conservation developments, planned developments and rural land plans and for all special review approvals. A development agreement may be required for a special exception approval at the discretion of the planning director.

C.

Contents. All development agreements must contain at least the following information:

1.

The title of the project;

2.

A description of the approved land uses in the project including a reference to the approved plat or site plan and all conditions of the project approval;

3.

A reference to the use plan for residual land and/or common area and its incorporation into the development agreement (see subsection 8.14.6., use plans for residual land and/or common area.)

4.

A description and intended use of all portions of the project. (A copy of the final plat or site plan may be incorporated by reference to satisfy this requirement);

5.

Identification of all mineral owners and lessees;

6.

A list of all utilities intended to serve the project and evidence that the utilities are committed to serve it;

7.

An inventory of improvements required to serve the project and the estimated cost of installing the improvements;

8.

A financial guarantee for completion of the improvements (see subsection 12.6.2, guarantee of public improvements). The issuer of the financial guarantee must acknowledge the development agreement and the cost estimates for the improvements;

9.

A plan and method of financing the maintenance of all improvements, common areas and open space until these facilities are accepted for maintenance by a public agency;

10.

All conditions of project approval and a description of the method proposed to address each condition;

11.

Applicant's agreement to submit three copies of "as-built" drawings for all utilities and site improvements;

12.

Applicant's agreement to submit compaction test results for all utility trenches as required by the county engineer;

13.

Applicant's agreement to submit test results for all phases of this project according to the Colorado Department of Highways Schedule for minimum materials sampling and as required by the county engineer;

14.

Applicant's agreement to submit a written statement by a Colorado registered engineer certifying that all road and drainage improvements were completed in substantial compliance with all approved plans and that the engineer has made regular on-site inspections during the course of construction;

15.

A time schedule for completion of the improvements;

16.

A statement binding all future owners of the property to the agreement;

17.

A statement of the methods of enforcing the agreement. (Sample wording of this section is available from the planning department);

18.

The notarized signatures of the applicant and all property owners;

19.

Applicant's agreement that county commissioners may consider revoking their approval if significant progress is not made toward completion of the project within three years of the date of approval;

20.

Signature and attest blanks for the county commissioner chair; and

21.

Other information the planning director determines to be applicable to the proposed project.

D.

The planning director will record all development agreements with the county clerk and recorder. The applicant must pay the recording costs.

E.

All final plats and site plans must contain a note that refers to the development agreement by the reception number assigned by the county clerk and recorder.

(Res. No. 11122002R001, 9-23-2002; Res. No. 06212011R002, Exh. A, 6-21-2011)